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

    S. 2007--A                                            A. 3007--A

                      S E N A T E - A S S E M B L Y

                            January 21, 2015
                               ___________

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 program pamphlets
  developed and distributed by the department of health and the disposi-
  tion of results of  professional  misconduct  proceedings;  to  repeal
  section  2995-a  of  the  public  health law relating to the physician
  profile website; to repeal subdivision  11  of  section  6524  of  the
  education  law,  relating  to physician license qualification require-
  ments; to repeal subdivision 9 of section 2803 of  the  public  health
  law  relating  to  reports  to  the  commissioner of health by general
  hospitals regarding working conditions and limits on working hours for
  certain members of the hospital's staff; and to repeal  section  461-s
  of the social services law, relating to enhancing the quality of adult
  living program for adult care facilities (Part A); to amend the social
  services  law, in relation to statewide supplemental rebates; to amend
  the social services law, in relation to pharmacy dispensing  fees;  to
  amend  the  public health law, in relation to the clinical drug review
  program; to amend the public health law, in relation to the prescriber
  prevails provision; to amend the social services law, in  relation  to
  outpatient  prescription  drugs;  to amend the social services law, in
  relation to the codification of the global cap; to  amend  the  public
  health  law,  in  relation to hospital quality contributions; to amend
  the social services law, in relation to limits on Medicaid copayments;
  to amend the public health law, in relation to hospital  payments;  to
  amend  parts A and B of chapter 1 of the laws of 2002, relating to the
  health care reform act of 2000, in relation to upper  payment  limits;
  to  amend the public health law, in relation to noticing of hospitals;
  to amend the social services law, in  relation  to  health  homes;  to
  amend  the public health law, in relation to family planning; to amend

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12571-02-5

S. 2007--A                          2                         A. 3007--A

  part B of chapter 59 of the laws of 2011, amending the  public  health
  law  relating  to rates of payment and medical assistance, in relation
  to managed care supplemental payments; to amend part H of  chapter  59
  of the laws of 2011, amending the public health law relating to gener-
  al  hospital  inpatient reimbursement for annual rates, in relation to
  supplemental Medicaid managed  care  payments;  to  amend  the  social
  services  law,  in  relation  to  spousal support; to amend the social
  services law, in relation to payments for Medicare  beneficiaries;  to
  amend  the  social  services  law,  in  relation  to personal care; to
  authorize a mobility management contractor; to amend the public health
  law, in relation to energy efficiency; to amend the public health law,
  in relation to recruitment and retention; to amend the  civil  service
  law,  in relation to term appointments in health insurance program-re-
  lated positions; to amend the social  services  law,  in  relation  to
  working  disabled  eligibility;  to  amend the social services law, in
  relation to family planning benefits; to  amend  the  social  services
  law,  in  relation  to foster care; to amend the public health law, in
  relation to certified home health agencies; to amend the public health
  law, in relation to value based payments; to amend the social services
  law, in relation to the basic health plan program; to  repeal  certain
  provisions  of  the  public health law relating thereto; and providing
  for the repeal of certain provisions upon expiration thereof (Part B);
  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 to
  general hospital reimbursement for annual rates relating to the cap on
  local Medicaid expenditures, in relation to rates of payment  paid  to
  certain providers by the Child Health Plus Program; and to amend chap-
  ter  111  of the laws of 2010 relating to increasing Medicaid payments
  to providers through managed care organizations and  providing  equiv-
  alent  fees  through  an  ambulatory  patient  group  methodology,  in
  relation to rates of payment paid to certain providers  by  the  Child
  Health  Plus  Program  (Part  C);  to amend chapter 884 of the laws of
  1990, amending the public health law relating to authorizing bad  debt
  and  charity  care  allowances  for certified home health agencies, in
  relation to the effectiveness thereof; to amend chapter 81 of the laws
  of 1995, amending the public health law and  other  laws  relating  to
  medical  reimbursement  and  welfare reform, in relation to the effec-
  tiveness thereof; to amend the  public  health  law,  in  relation  to
  hospital  assessments;  to  amend  chapter  659  of  the laws of 1997,
  constituting the long term care integration and finance act  of  1997,
  in  relation to the effectiveness thereof; to amend chapter 474 of the
  laws of 1996, amending the education law and other  laws  relating  to
  rates  for  residential  health  care  facilities,  in relation to the
  effectiveness thereof; to amend part C of chapter 58 of  the  laws  of
  2007,  amending  the  social  services  law and other laws relating to
  enacting the major components of legislation  necessary  to  implement
  the  health  and  mental hygiene budget for the 2007-2008 state fiscal
  year, in relation to delay of certain administrative costs;  to  amend
  chapter  81  of  the  laws of 1995, amending the public health law and
  other laws relating to medical reimbursement and  welfare  reform,  in
  relation  to  reimbursements  and  the effectiveness thereof; to amend
  chapter 474 of the laws of 1996, amending the education law and  other
  laws  relating  to  rates  for  residential  healthcare facilities, in
  relation to reimbursements; to amend chapter 451 of the laws of  2007,
  amending the public health law, the social services law and the insur-
  ance  law,  relating  to  providing  enhanced  consumer  and  provider

S. 2007--A                          3                         A. 3007--A

  protections, in relation to the effectiveness thereof;  to  amend  the
  public  health law, in relation to rates of payment for long term home
  health care programs and making such provisions  permanent;  to  amend
  chapter  303  of the laws of 1999, amending the New York state medical
  care facilities finance agency act relating to financing health facil-
  ities, in relation to the effectiveness thereof; to amend chapter  165
  of  the  laws  of  1991, amending the public health law and other laws
  relating to establishing payments for medical assistance, in  relation
  to  the effectiveness thereof; to amend the public authorities law, in
  relation to the transfer of certain funds; to repeal  subdivision  (i)
  of  section  111 of part H of chapter 59 of the laws of 2011, relating
  to enacting into law major  components  of  legislation  necessary  to
  implement the health and mental hygiene budget for the 2011-2012 state
  fiscal  plan,  relating  to the effectiveness of program oversight and
  administration of managed long term care plans; to amend  chapter  659
  of  the  laws  of  1997, amending the public health law and other laws
  relating to creation of continuing  care  retirement  communities,  in
  relation to the effectiveness thereof; to amend the public health law,
  in  relation  to  residential health care facility, and certified home
  health agency services payments; to amend part B of chapter 109 of the
  laws of 2010, amending the social services law relating to transporta-
  tion costs, in relation to the effectiveness  thereof;  to  amend  the
  social  services  law,  in  relation to contracting for transportation
  services; to amend chapter 21 of the laws of 2011 amending the  educa-
  tion  law relating to authorizing pharmacists to perform collaborative
  drug therapy  management  with  physicians  in  certain  settings,  in
  relation to extending the provisions of such chapter; to amend chapter
  459  of  the  laws  of 1996 amending the public health law relating to
  recertification  of  persons  providing  emergency  medical  care,  in
  relation  to  the  effectiveness  thereof; to amend chapter 505 of the
  laws of 1995, amending the public health law relating to the operation
  of department  of  health  facilities,  in  relation  to  making  such
  provisions  permanent; and to repeal subdivision (o) of section 111 of
  part H of chapter 59 of the laws of 2011, amending the  public  health
  law  relating  to the statewide health information network of New York
  and the statewide planning and research cooperative system and general
  powers and  duties,  in  relation  to  the  effectiveness  of  certain
  provisions  (Part  D);  to amend the public health law, in relation to
  the payment of certain funds for uncompensated care (Part E); to amend
  the public health law, in relation to the establishment of value based
  payments within the delivery system reform incentive  payment  program
  (Part  F);  to  amend  the  financial services law, in relation to the
  financial assessment that offsets the operational costs of the  health
  insurance exchange; and to amend the public health law, in relation to
  health  care  reform  act  pool  administration (Part G); to amend the
  public health law, in relation to the establishment and  operation  of
  limited  services  clinics,  standardizing  urgent  care  centers  and
  enhanced oversight of office-based surgery; and to repeal  subdivision
  4  of section 2951 and section 2956 of such law relating to the statu-
  tory authority of upgraded diagnostic and treatment centers (Part  H);
  to  amend the criminal procedure law, in relation to the admissibility
  of condoms as trial evidence of prosecution; to amend the  penal  law,
  in relation to criminal possession of a controlled substance; to amend
  the  general  business  law,  in  relation  to  the definition of drug
  related paraphernalia; to amend the public health law, in relation  to
  the  sale  and furnishing of hypodermic needles and syringes; to amend

S. 2007--A                          4                         A. 3007--A

  the public health law in relation to simplifying consent for HIV test-
  ing; and to repeal subdivision 2-a  of  section  2781  of  the  public
  health law, relating to certain informed consent for HIV related test-
  ing (Part I); to amend the education law and the public health law, in
  relation  to  establishing a program for home health aides authorizing
  them to perform advanced tasks (Part J); 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;
  and to amend the public health law, in relation to public  health  and
  health  planning  council reviews (Part K); to amend the public health
  law, in relation to the enhanced  oversight  of  office-based  surgery
  (Part  L);  to  amend  the public health law, in relation to requiring
  notice and submission of a plan prior to discontinuing fluoridation of
  a public water supply (Part M); relating  to  conducting  a  study  to
  develop  a  report addressing the feasibility of creating an office of
  community living for older adults and individuals  of  all  ages  with
  disabilities (Part N); to amend chapter 111 of the laws of 2010 relat-
  ing  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 O); to amend the education
  law, in relation to authorizing contracts for the provision of special
  education  and  related  services for certain patients hospitalized in
  hospitals operated by the office of mental health; and to amend part M
  of chapter 56 of the laws of 2012 amending the education law, relating
  to authorizing contracts for the provision of  special  education  and
  related  services for certain patients hospitalized in hospitals oper-
  ated by the office of mental health, in relation to the  effectiveness
  thereof  (Part  P);  to  amend  the  public  health law and the public
  authorities law, in relation to establishing a  private  equity  pilot
  program  (Part  Q); 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 R); to amend the social services
  law, the executive law and the mental  hygiene  law,  in  relation  to
  providing  professional  services  to  individuals  with developmental
  disabilities in non-certified settings; 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;  and  to repeal certain provisions of the
  mental hygiene law relating thereto (Part  S);  to  amend  the  mental
  hygiene  law,  in  relation to clarifying the authority of the commis-
  sioners in the department of mental hygiene to  design  and  implement
  time-limited  demonstration programs (Part T); and to amend the mental
  hygiene law, in relation to eliminating the duplication of  regulatory
  efforts  between  the  department  of health and the office for people
  with  developmental  disabilities  associated  with  rates  and   fees
  received  by OPWDD providers; and to repeal certain provisions of such
  law relating thereto (Part U)

  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 2015-2016

S. 2007--A                          5                         A. 3007--A

state fiscal year. Each component is  wholly  contained  within  a  Part
identified  as Parts A through U. 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. Section 2995-a of the public health law is REPEALED.
  S 2. Section 2997-b of the public health law, as added by chapter  477
of the laws of 2008, is amended to read as follows:
  S  2997-b.  Pamphlet  of  department  programs. The commissioner shall
develop and transmit to physicians in the state a pamphlet describing  a
variety of department programs and initiatives, including but not limit-
ed  to  smoking  cessation  programs,  public health insurance programs,
health and quality  improvement  information,  AND  the  patient  safety
center  [and physician profiles]. Each physician practicing in the state
shall make the pamphlet available in his or her practice reception  area
so that it is accessible to patients.
  S  3.  Subparagraph  (i) of paragraph (h) of subdivision 10 of section
230 of the public health law, as amended by chapter 477 of the  laws  of
2008, is amended to read as follows:
  (i)  The  findings, conclusions, determination and the reasons for the
determination of the committee shall be served upon  the  licensee,  the
department, [and any hospitals, primary practice settings or health care
plans  required to be identified in publicly disseminated physician data
pursuant to paragraph (j), (n), or (q) of  subdivision  one  of  section
twenty-nine  hundred  ninety-five-a of this chapter] ANY HOSPITALS WHERE
THE LICENSEE HAS PRACTICE PRIVILEGES, THE PRIMARY  PRACTICE  SETTING  OF
THE  LICENSEE,  THE  LICENSED PHYSICIANS WITH WHOM THE LICENSEE SHARES A
GROUP PRACTICE, AND ANY HEALTH CARE PLANS WITH WHICH  THE  LICENSEE  HAS
CONTRACTS,  EMPLOYMENT  OR  OTHER AFFILIATIONS, within sixty days of the
last day of hearing. Service shall be either by certified mail upon  the
licensee  at the licensee's last known address and such service shall be
effective upon receipt or seven days after  mailing  by  certified  mail
whichever  is  earlier  or by personal service and such service shall be
effective upon receipt. The licensee shall  deliver  to  the  board  the
license  which  has  been  revoked,  annulled, suspended or surrendered,
together with the  registration  certificate,  within  five  days  after
receipt  of  the  order.  If  the license or registration certificate is
lost, misplaced or its whereabouts is otherwise  unknown,  the  licensee
shall  submit an affidavit to that effect and shall deliver such license
or certificate to the board when located.   The director of  the  office
shall  promptly  transmit a copy of the order to the division of profes-
sional licensing services of the state education department and to  each
hospital at which the licensee has privileges.
  S 4. Subdivision 11 of section 6524 of the education law is REPEALED.
  S  5.  Subdivision  9  of  section  2803  of  the public health law is
REPEALED.
  S 6. Section 461-s of the social services law is REPEALED.
  S 7. This act shall take effect immediately.

S. 2007--A                          6                         A. 3007--A

                                 PART B

  Section  1.  Subdivision 7 of section 367-a of the social services law
is amended by adding a new paragraph (e) to read as follows:
  (E) NOTWITHSTANDING SECTION TWO  HUNDRED  SEVENTY-TWO  OF  THE  PUBLIC
HEALTH  LAW OR ANY OTHER INCONSISTENT PROVISION OF LAW, THE COMMISSIONER
MAY NEGOTIATE  DIRECTLY  WITH  A  PHARMACEUTICAL  MANUFACTURER  FOR  THE
PROVISION OF SUPPLEMENTAL REBATES, INCLUDING SUPPLEMENTAL REBATES RELAT-
ING TO PHARMACEUTICAL UTILIZATION BY ENROLLEES OF MANAGED CARE PROVIDERS
PURSUANT  TO  SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS TITLE, RELATING
TO ANY OF THE DRUGS IT MANUFACTURES FOR THE PURPOSE OF  FUNDING  MEDICAL
ASSISTANCE  PROGRAM  BENEFITS;  PROVIDED,  HOWEVER,  THAT THIS PARAGRAPH
SHALL APPLY ONLY TO COVERED OUTPATIENT DRUGS FOR WHICH THE  MANUFACTURER
HAS  IN  EFFECT  A REBATE AGREEMENT WITH THE FEDERAL SECRETARY OF HEALTH
AND HUMAN SERVICES PURSUANT TO 42 U.S.C. S1396R-8.
  S 2.  Subparagraph (ii) of paragraph (b) of subdivision 9  of  section
367-a  of  the social services law, as amended by section 2 of part C of
chapter 60 of the laws of 2014, is amended to read as follows:
  (ii) if the drug dispensed is a multiple source prescription drug or a
brand-name prescription drug for which no specific upper limit has  been
set  by such federal agency, the lower of the estimated acquisition cost
of such drug to  pharmacies  or  the  dispensing  pharmacy's  usual  and
customary  price  charged  to  the general public. For sole and multiple
source brand name drugs, estimated acquisition cost  means  the  average
wholesale  price  of  a  prescription  drug  based upon the package size
dispensed from, as reported by the  prescription  drug  pricing  service
used  by the department, less [seventeen] TWENTY-FOUR percent thereof or
the wholesale acquisition cost of a prescription drug based upon package
size dispensed from,  as  reported  by  the  prescription  drug  pricing
service  used  by  the department, minus [zero and forty-one hundredths]
NINE percent thereof, and updated monthly by the department. For  multi-
ple  source generic drugs, estimated acquisition cost means the lower of
the average wholesale price of a prescription drug based on the  package
size  dispensed  from,  as  reported  by  the  prescription drug pricing
service used by the department, less twenty-five percent thereof, or the
maximum acquisition cost, if any, established pursuant to paragraph  (e)
of  this  subdivision, provided that the methodology used by the depart-
ment to establish a maximum acquisition cost shall not  include  average
acquisition cost as determined by department surveys.
  S  3.  Subparagraph  (ii) of paragraph (d) of subdivision 9 of section
367-a of the social services law, as amended by section 48 of part C  of
chapter 58 of the laws of 2009, is amended to read as follows:
  (ii)  for  prescription  drugs  categorized as brand-name prescription
drugs by the prescription drug pricing service used by  the  department,
[three]  EIGHT  dollars  [and  fifty cents] per prescription[, provided,
however, that for brand name prescription drugs reimbursed  pursuant  to
subparagraph  (ii)  of  paragraph  (a-1)  of subdivision four of section
three hundred sixty-five-a of this title, the dispensing  fee  shall  be
four dollars and fifty cents per prescription].
  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-

S. 2007--A                          7                         A. 3007--A

SIONER, PURSUANT TO SUBDIVISION SIX OF THIS SECTION, THAT ANY SUCH PRIOR
AUTHORIZATION REQUIREMENT BE MODIFIED, CONTINUED OR REMOVED.
  S 5. 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  6.    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:
  (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.] THE PROGRAM WILL CONSIDER THE ADDITIONAL INFORMATION AND  THE
JUSTIFICATION  PRESENTED  BY THE PRESCRIBER TO DETERMINE WHETHER THE USE
OF A PRESCRIPTION DRUG THAT  IS  NOT  ON  THE  PREFERRED  DRUG  LIST  IS
WARRANTED.  NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING THE RIGHT OF A
MEDICAID  RECIPIENT TO APPEAL THE DENIAL OF A REQUEST FOR PRIOR AUTHORI-
ZATION OF A PRESCRIPTION DRUG THAT IS NOT ON THE PREFERRED DRUG LIST.
  S 7. Section 364-j of the social services law is amended by  adding  a
new subdivision 24-a to read as follows:
  24-A. CLAIMS FOR PAYMENT OF OUTPATIENT PRESCRIPTION DRUGS SUBMITTED TO
A  MANAGED CARE PROVIDER BY A COVERED ENTITY PURSUANT TO SECTION 340B OF
THE FEDERAL PUBLIC HEALTH SERVICE ACT  (42  USCA  S  256B)  OR  BY  SUCH
COVERED  ENTITY'S  AUTHORIZED CONTRACT PHARMACY SHALL BE AT SUCH COVERED
ENTITY'S OR CONTRACT PHARMACY'S ACTUAL ACQUISITION COST  FOR  THE  DRUG.
FOR  PURPOSES  OF  THIS SUBDIVISION, "ACTUAL ACQUISITION COST" MEANS THE
INVOICE PRICE FOR THE DRUG TO THE COVERED ENTITY OR THE COVERED ENTITY'S
AUTHORIZED CONTRACT PHARMACY MINUS THE AMOUNT OF ALL DISCOUNTS AND OTHER
COST-REDUCTIONS ATTRIBUTABLE TO THE DRUG.
  S 8. The social services law is amended by adding a new section  368-g
to read as follows:
  S  368-G. LIMITATION ON GROWTH OF MEDICAL ASSISTANCE EXPENDITURES.  1.
CAP ESTABLISHED. (A) NOTWITHSTANDING SECTION NINETY-ONE  OF  PART  H  OF
CHAPTER  FIFTY-NINE  OF  THE LAWS OF TWO THOUSAND ELEVEN, AS AMENDED, OR
ANY OTHER CONTRARY PROVISION OF LAW AND SUBJECT  TO  FEDERAL  APPROVALS,
THE  YEAR  TO  YEAR  RATE  OF  GROWTH  OF DEPARTMENT STATE FUNDS MEDICAL
ASSISTANCE SPENDING SHALL NOT EXCEED THE TEN YEAR ROLLING AVERAGE OF THE
MEDICAL COMPONENT OF THE CONSUMER PRICE INDEX AS PUBLISHED BY THE UNITED
STATES DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS, FOR THE  PRECED-
ING  TEN  YEARS; PROVIDED, HOWEVER, THAT FOR STATE FISCAL YEAR TWO THOU-
SAND THIRTEEN-TWO THOUSAND FOURTEEN OR ANY FISCAL YEAR  THEREAFTER,  THE
MAXIMUM  ALLOWABLE ANNUAL INCREASE IN THE AMOUNT OF THE DEPARTMENT STATE
FUNDS MEDICAL ASSISTANCE SPENDING SHALL BE CALCULATED BY MULTIPLYING THE
DEPARTMENT STATE FUNDS MEDICAL  ASSISTANCE  SPENDING  FOR  THE  PREVIOUS

S. 2007--A                          8                         A. 3007--A

YEAR,  LESS  THE  AMOUNT  OF  ANY  DEPARTMENT  STATE OPERATIONS SPENDING
INCLUDED THEREIN, BY SUCH TEN YEAR ROLLING AVERAGE.
  (B) EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, FOR STATE
FISCAL  YEAR  TWO  THOUSAND THIRTEEN-TWO THOUSAND FOURTEEN OR ANY FISCAL
YEAR THEREAFTER, THE SPENDING LIMIT CALCULATED PURSUANT TO PARAGRAPH (A)
OF THIS SUBDIVISION SHALL BE INCREASED BY AN AMOUNT EQUAL TO THE DIFFER-
ENCE BETWEEN THE  TOTAL  SOCIAL  SERVICES  DISTRICT  MEDICAL  ASSISTANCE
EXPENDITURE  AMOUNTS  CALCULATED  FOR  SUCH  PERIOD  IN CONFORMANCE WITH
SUBDIVISIONS (B), (C), (C-1), AND (D) OF SECTION ONE OF PART C OF  CHAP-
TER  FIFTY-EIGHT  OF  THE LAWS OF TWO THOUSAND FIVE AND THE TOTAL SOCIAL
SERVICES DISTRICT MEDICAL EXPENDITURE AMOUNTS THAT WOULD  HAVE  RESULTED
IF  THE  PROVISIONS  OF  SUBDIVISION  (C-1) OF SUCH SECTION HAD NOT BEEN
APPLIED.
  (C) WITH RESPECT TO A SOCIAL SERVICES DISTRICT THAT RESCINDS THE EXER-
CISE OF THE OPTION PROVIDED IN  PARAGRAPH  (I)  OF  SUBDIVISION  (B)  OF
SECTION TWO OF PART C OF CHAPTER FIFTY-EIGHT OF THE LAWS OF TWO THOUSAND
FIVE,  FOR STATE FISCAL YEAR TWO THOUSAND THIRTEEN-TWO THOUSAND FOURTEEN
OR ANY FISCAL YEAR THEREAFTER, THE SPENDING LIMIT CALCULATED PURSUANT TO
SUBDIVISION ONE OF THIS SECTION SHALL BE REDUCED BY THE  AMOUNT  OF  THE
MEDICAL  ASSISTANCE  EXPENDITURE AMOUNT CALCULATED FOR SUCH DISTRICT FOR
SUCH PERIOD.
  2. SAVINGS ALLOCATION PLAN. NOTWITHSTANDING SECTION NINETY-TWO OF PART
H OF CHAPTER FIFTY-NINE OF THE LAWS OF TWO THOUSAND ELEVEN, AS  AMENDED,
AND  ANY OTHER CONTRARY PROVISION OF LAW AND SUBJECT TO THE AVAILABILITY
OF FEDERAL FINANCIAL PARTICIPATION, FOR STATE FISCAL YEARS ON AND  AFTER
TWO  THOUSAND ELEVEN-TWO THOUSAND TWELVE, THE DIRECTOR OF THE BUDGET, IN
CONSULTATION WITH THE COMMISSIONER, SHALL ASSESS ON A MONTHLY BASIS,  AS
REFLECTED IN MONTHLY REPORTS ISSUED PURSUANT TO SUBDIVISION FIVE OF THIS
SECTION,  KNOWN  AND PROJECTED DEPARTMENT STATE FUNDS MEDICAL ASSISTANCE
EXPENDITURES BY CATEGORY  OF  SERVICE  AND  BY  GEOGRAPHIC  REGIONS,  AS
DEFINED  BY  THE  COMMISSIONER, AND IF THE DIRECTOR OF THE BUDGET DETER-
MINES THAT SUCH EXPENDITURES ARE EXPECTED TO  CAUSE  MEDICAL  ASSISTANCE
DISBURSEMENTS FOR SUCH PERIOD TO EXCEED THE PROJECTED DEPARTMENT MEDICAL
ASSISTANCE  STATE  FUNDS  DISBURSEMENTS  IN THE ENACTED BUDGET FINANCIAL
PLAN PURSUANT TO SUBDIVISION THREE OF SECTION TWENTY-THREE OF THE  STATE
FINANCE  LAW, THE COMMISSIONER, IN CONSULTATION WITH THE DIRECTOR OF THE
BUDGET, SHALL DEVELOP A MEDICAL ASSISTANCE 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  ESTAB-
LISHED  PURSUANT TO THE FEDERAL SOCIAL SECURITY ACT, CHANGES IN PROVIDER
REVENUES, REDUCTIONS TO LOCAL SOCIAL SERVICES DISTRICT  MEDICAL  ASSIST-
ANCE ADMINISTRATION, AND BEGINNING APRIL FIRST, TWO THOUSAND TWELVE, THE
OPERATIONAL  COSTS  OF  THE  NEW  YORK STATE MEDICAL INDEMNITY FUND, AND
STATE COSTS OR SAVINGS FROM THE BASIC HEALTH PLAN. SUCH PROJECTIONS  MAY
BE  ADJUSTED  BY  THE DIRECTOR OF THE BUDGET TO ACCOUNT FOR INCREASED OR
EXPEDITED DEPARTMENT OF HEALTH STATE FUNDS MEDICAL  ASSISTANCE  EXPENDI-
TURES  AS  A  RESULT OF A NATURAL OR OTHER TYPE OF DISASTER, INCLUDING A
GOVERNMENTAL DECLARATION OF EMERGENCY. SUCH MEDICAL  ASSISTANCE  SAVINGS
ALLOCATION  PLAN  SHALL BE DESIGNED TO REDUCE THE DEPARTMENT STATE FUNDS
MEDICAL ASSISTANCE DISBURSEMENTS AUTHORIZED BY APPROPRIATIONS IN COMPLI-
ANCE WITH THE FOLLOWING GUIDELINES:
  (A) REDUCTIONS SHALL BE MADE IN  COMPLIANCE  WITH  APPLICABLE  FEDERAL
LAW,  INCLUDING  THE PROVISIONS OF THE PATIENT PROTECTION AND AFFORDABLE
CARE ACT (P.L. 111-148), AS AMENDED BY THE  HEALTH  CARE  AND  EDUCATION

S. 2007--A                          9                         A. 3007--A

RECONCILIATION ACT OF 2010 (P.L. 111-152) (COLLECTIVELY "AFFORDABLE CARE
ACT")  AND  ANY SUBSEQUENT AMENDMENTS THERETO OR REGULATIONS PROMULGATED
THEREUNDER;
  (B)  REDUCTIONS SHALL BE MADE IN A MANNER THAT COMPLIES WITH THE STATE
MEDICAL ASSISTANCE PLAN APPROVED BY THE FEDERAL CENTERS FOR MEDICARE AND
MEDICAID SERVICES, PROVIDED, HOWEVER, THAT THE COMMISSIONER  IS  AUTHOR-
IZED  TO SUBMIT ANY STATE PLAN AMENDMENT OR SEEK OTHER FEDERAL APPROVAL,
INCLUDING WAIVER AUTHORITY, TO IMPLEMENT THE PROVISIONS OF  THE  MEDICAL
ASSISTANCE  SAVINGS  ALLOCATION  PLAN  THAT MEETS THE OTHER CRITERIA SET
FORTH HEREIN;
  (C) REDUCTIONS SHALL BE MADE IN A MANNER THAT MAXIMIZES FEDERAL FINAN-
CIAL PARTICIPATION, TO THE EXTENT  PRACTICABLE,  INCLUDING  ANY  FEDERAL
FINANCIAL  PARTICIPATION  THAT IS AVAILABLE OR IS REASONABLY EXPECTED TO
BECOME AVAILABLE, IN THE  DISCRETION  OF  THE  COMMISSIONER,  UNDER  THE
AFFORDABLE CARE ACT;
  (D)  REDUCTIONS  SHALL  BE MADE UNIFORMLY AMONG CATEGORIES OF SERVICES
AND GEOGRAPHIC REGIONS OF THE STATE,  TO  THE  EXTENT  PRACTICABLE,  AND
SHALL  BE  MADE  UNIFORMLY  WITHIN  A CATEGORY OF SERVICE, TO THE EXTENT
PRACTICABLE, EXCEPT WHERE THE COMMISSIONER  DETERMINES  THAT  THERE  ARE
SUFFICIENT  GROUNDS  FOR  NON-UNIFORMITY, INCLUDING, BUT NOT LIMITED TO:
(I) THE EXTENT TO WHICH SPECIFIC CATEGORIES OF SERVICES  CONTRIBUTED  TO
DEPARTMENT  MEDICAL  ASSISTANCE  STATE  FUNDS  SPENDING IN EXCESS OF THE
LIMITS SPECIFIED HEREIN; (II) THE NEED TO MAINTAIN SAFETY  NET  SERVICES
IN  UNDERSERVED COMMUNITIES; OR (III) THE POTENTIAL BENEFITS OF PURSUING
INNOVATIVE PAYMENT MODELS CONTEMPLATED BY THE AFFORDABLE  CARE  ACT,  IN
WHICH  CASE  SUCH  GROUNDS  SHALL BE SET FORTH IN THE MEDICAL ASSISTANCE
SAVINGS ALLOCATION PLAN;
  (E) REDUCTIONS SHALL BE MADE IN A MANNER THAT DOES  NOT  UNNECESSARILY
CREATE  ADMINISTRATIVE  BURDENS  FOR  MEDICAL  ASSISTANCE APPLICANTS AND
RECIPIENTS OR FOR PROVIDERS;
  (F) THE COMMISSIONER SHALL SEEK THE INPUT OF THE LEGISLATURE, AS  WELL
AS  INPUT FROM ORGANIZATIONS REPRESENTING HEALTH CARE PROVIDERS, CONSUM-
ERS, BUSINESSES, WORKERS, HEALTH  INSURERS,  AND  OTHERS  WITH  RELEVANT
EXPERTISE, IN DEVELOPING SUCH MEDICAL ASSISTANCE SAVINGS ALLOCATION PLAN
TO  THE EXTENT THAT ALL OR PART OF SUCH PLAN IS LIKELY, AS DETERMINED BY
THE COMMISSIONER, TO HAVE A  MATERIAL  IMPACT  ON  THE  OVERALL  MEDICAL
ASSISTANCE  PROGRAM,  OR  ON  PARTICULAR  CATEGORIES  OF  SERVICE, OR ON
PARTICULAR GEOGRAPHIC REGIONS OF THE STATE;
  (G)(I) THE COMMISSIONER SHALL  POST  THE  MEDICAL  ASSISTANCE  SAVINGS
ALLOCATION  PLAN  ON  THE DEPARTMENT'S WEBSITE AND SHALL PROVIDE WRITTEN
COPIES OF SUCH PLAN TO THE CHAIRS OF THE SENATE FINANCE AND THE ASSEMBLY
WAYS AND MEANS COMMITTEES AT LEAST THIRTY DAYS BEFORE THE DATE ON  WHICH
IMPLEMENTATION IS EXPECTED TO BEGIN;
  (II)  THE COMMISSIONER MAY REVISE THE MEDICAL ASSISTANCE SAVINGS ALLO-
CATION PLAN SUBSEQUENT TO THE PROVISION OF NOTICE AND PRIOR TO IMPLEMEN-
TATION BUT IS REQUIRED TO PROVIDE A NEW NOTICE PURSUANT TO  SUBPARAGRAPH
(I) OF THIS PARAGRAPH ONLY IF THE COMMISSIONER DETERMINES, IN HIS OR HER
DISCRETION, THAT SUCH REVISIONS MATERIALLY ALTER THE PLAN;
  (H)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPHS (F) AND (G) OF THIS
SUBDIVISION, THE COMMISSIONER NEED NOT SEEK THE INPUT DESCRIBED IN PARA-
GRAPH (F) OF THIS SUBDIVISION OR PROVIDE NOTICE  PURSUANT  TO  PARAGRAPH
(G) OF THIS SUBDIVISION IF, IN THE DISCRETION OF THE COMMISSIONER, EXPE-
DITED  DEVELOPMENT  AND  IMPLEMENTATION  OF A MEDICAL ASSISTANCE SAVINGS
ALLOCATION PLAN IS NECESSARY DUE  TO  A  PUBLIC  HEALTH  EMERGENCY;  FOR
PURPOSES OF THIS SECTION, A PUBLIC HEALTH EMERGENCY IS DEFINED AS:

S. 2007--A                         10                         A. 3007--A

  (I) A DISASTER, NATURAL OR OTHERWISE, THAT SIGNIFICANTLY INCREASES THE
IMMEDIATE NEED FOR HEALTH CARE PERSONNEL IN AN AREA OF THE STATE;
  (II)  AN EVENT OR CONDITION THAT CREATES A WIDESPREAD RISK OF EXPOSURE
TO A SERIOUS COMMUNICABLE DISEASE, OR THE POTENTIAL FOR SUCH  WIDESPREAD
RISK OF EXPOSURE; OR
  (III)  ANY  OTHER EVENT OR CONDITION DETERMINED BY THE COMMISSIONER TO
CONSTITUTE AN IMMINENT THREAT TO PUBLIC HEALTH; AND
  (I) NOTHING IN THIS SECTION SHALL BE DEEMED TO PREVENT ALL OR PART  OF
SUCH  MEDICAL  SAVINGS ALLOCATION PLAN FROM TAKING EFFECT RETROACTIVELY,
TO THE EXTENT PERMITTED BY THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID
SERVICES.
  3. POWERS OF THE COMMISSIONER TO ENACT SAVINGS ALLOCATION  PLAN.    IN
ACCORDANCE  WITH  THE  MEDICAL  ASSISTANCE  SAVINGS ALLOCATION PLAN, THE
COMMISSIONER SHALL REDUCE  DEPARTMENT  STATE  FUNDS  MEDICAL  ASSISTANCE
DISBURSEMENTS  BY  THE  AMOUNT  OF  THE  PROJECTED OVERSPENDING THROUGH,
ACTIONS INCLUDING, BUT NOT LIMITED TO MODIFYING OR SUSPENDING REIMBURSE-
MENT METHODS, INCLUDING BUT NOT LIMITED TO ALL FEES, PREMIUM LEVELS  AND
RATES  OF  PAYMENT,  NOTWITHSTANDING  ANY  PROVISION  OF LAW THAT SETS A
SPECIFIC AMOUNT OR  METHODOLOGY  FOR  ANY  SUCH  PAYMENTS  OR  RATES  OF
PAYMENT;  MODIFYING  MEDICAL  ASSISTANCE  PROGRAM  BENEFITS; SEEKING ALL
NECESSARY FEDERAL APPROVALS, INCLUDING,  BUT  NOT  LIMITED  TO  WAIVERS,
WAIVER  AMENDMENTS;  AND  SUSPENDING TIME FRAMES FOR NOTICE, APPROVAL OR
CERTIFICATION OF RATE REQUIREMENTS,  NOTWITHSTANDING  ANY  PROVISION  OF
LAW,  RULE OR REGULATION TO THE CONTRARY, INCLUDING, BUT NOT LIMITED TO,
SECTIONS TWENTY-EIGHT HUNDRED SEVEN AND THIRTY-SIX HUNDRED  FOURTEEN  OF
THE  PUBLIC  HEALTH  LAW, SECTION EIGHTEEN OF CHAPTER TWO OF THE LAWS OF
NINETEEN HUNDRED EIGHTY-EIGHT, AND SECTION 505.14(H) OF TITLE 18 OF  THE
OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW
YORK.
  4.  CAP  DIVIDEND.  NOTWITHSTANDING  ANY CONTRARY PROVISION OF LAW AND
SUBJECT TO THE AVAILABILITY  OF  FEDERAL  FINANCIAL  PARTICIPATION,  FOR
STATE  FISCAL  YEARS  BEGINNING  ON  AND AFTER APRIL FIRST, TWO THOUSAND
FOURTEEN, 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 SUBDIVISIONS ONE AND TWO OF THIS SECTION, AND SHALL
FURTHER  DETERMINE  THE  AVAILABILITY  OF  SUCH SAVINGS FOR DISTRIBUTION
DURING THE LAST QUARTER OF SUCH STATE FISCAL YEAR. IN  DETERMINING  SUCH
SAVINGS THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE DIRECTOR 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 A DIVIDEND
ALLOCATION PLAN THAT UTILIZES A METHODOLOGY THAT DISTRIBUTES SUCH  FUNDS
PROPORTIONATELY  AMONG PROVIDERS AND PLANS IN NEW YORK'S MEDICAL ASSIST-
ANCE PROGRAM. IN DEVELOPING SUCH DIVIDEND ALLOCATION  PLAN  THE  COMMIS-
SIONER  OF  HEALTH  SHALL  SEEK THE INPUT OF THE LEGISLATURE, AS WELL AS
ORGANIZATIONS REPRESENTING HEALTH CARE PROVIDERS, CONSUMERS, BUSINESSES,
WORKERS, HEALTH CARE INSURERS AND OTHERS WITH RELEVANT  EXPERTISE.  SUCH
DIVIDEND  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  MEDICAL
ASSISTANCE PROGRAM. THE COMMISSIONER OF HEALTH MAY IMPOSE MINIMUM THRES-
HOLD  AMOUNTS  IN  DETERMINING  PROVIDER  ELIGIBILITY  FOR DISTRIBUTIONS
PURSUANT TO THIS SECTION. NO LESS  THAN  FIFTY  PERCENT  OF  THE  AMOUNT

S. 2007--A                         11                         A. 3007--A

AVAILABLE  FOR  DISTRIBUTION  SHALL BE MADE AVAILABLE FOR THE PURPOSE OF
ASSISTING ELIGIBLE PROVIDERS UTILIZING THE METHODOLOGY  OUTLINED  ABOVE.
THE  REMAINDER  OF  THE  DISTRIBUTIONS PURSUANT TO THIS SECTION SHALL BE
MADE  AVAILABLE  FOR THE PURPOSES OF ENSURING A MINIMUM LEVEL OF ASSIST-
ANCE TO FINANCIALLY DISTRESSED AND CRITICALLY NEEDED PROVIDERS AS  IDEN-
TIFIED  BY  THE  COMMISSIONER. THE COMMISSIONER OF HEALTH SHALL POST THE
MEDICAL ASSISTANCE SAVINGS DIVIDEND ALLOCATION PLAN ON THE DEPARTMENT OF
HEALTH'S WEBSITE AND SHALL PROVIDE WRITTEN COPIES OF SUCH  PLAN  TO  THE
CHAIRS  OF THE SENATE FINANCE AND THE ASSEMBLY WAYS AND MEANS COMMITTEES
AT LEAST THIRTY DAYS BEFORE THE DATE ON WHICH IMPLEMENTATION IS EXPECTED
TO BEGIN. 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 LUMPS SUMS AND TO SECURE WAIVERS FROM OTHERWISE APPLI-
CABLE FEDERAL UPPER PAYMENT LIMIT RESTRICTIONS  ON  SUCH  PAYMENTS.  THE
PROVISIONS OF THIS SECTION ARE SUBJECT TO THE REPORTING REQUIREMENTS SET
FORTH IN SUBDIVISION SEVEN OF THIS SECTION.
  5.  MONTHLY REPORTS. THE COMMISSIONER, IN CONSULTATION WITH THE DIREC-
TOR OF THE BUDGET, SHALL PREPARE A MONTHLY REPORT THAT SETS FORTH:
  (A) KNOWN AND PROJECTED DEPARTMENT MEDICAL ASSISTANCE EXPENDITURES  AS
DESCRIBED  IN  SUBDIVISION  ONE  OF THIS SECTION, AND FACTORS THAT COULD
RESULT IN MEDICAL ASSISTANCE DISBURSEMENTS FOR THE RELEVANT STATE FISCAL
YEAR TO EXCEED THE PROJECTED DEPARTMENT STATE FUNDS DISBURSEMENTS IN THE
ENACTED BUDGET FINANCIAL PLAN PURSUANT TO SUBDIVISION THREE  OF  SECTION
TWENTY-THREE  OF  THE STATE FINANCE LAW, INCLUDING SPENDING INCREASES OR
DECREASES DUE TO  ENROLLMENT  FLUCTUATIONS,  RATE  CHANGES,  UTILIZATION
CHANGES,  MEDICAL ASSISTANCE REDESIGN TEAM (MRT) INVESTMENTS, A SHIFT OF
BENEFICIARIES TO MANAGED CARE AND VARIATIONS IN OFFLINE MEDICAL  ASSIST-
ANCE PAYMENTS;
  (B)  THE  ACTIONS  TAKEN  TO  IMPLEMENT ANY MEDICAL ASSISTANCE SAVINGS
ALLOCATION  PLAN  IMPLEMENTED  PURSUANT  TO  SUBDIVISION  FOUR  OF  THIS
SECTION,  INCLUDING INFORMATION CONCERNING THE IMPACT OF SUCH ACTIONS ON
EACH CATEGORY OF SERVICE AND EACH GEOGRAPHIC REGION OF THE STATE;
  (C) AS APPLICABLE; THE PRICE, INCLUDING, THE BASE RATE PLUS ANY UPCOM-
ING RATE ADJUSTMENT; UTILIZATION, INCLUDING CURRENT ENROLLMENT, PROJECT-
ED ENROLLMENT CHANGES  AND  ACUITY;  MEDICAL  ASSISTANCE  REDESIGN  TEAM
INITIATIVES;  ONE-TIME  INITIATIVES AND OTHER INITIATIVES DESCRIBING THE
PROPOSED BUDGET ACTION  IMPACT;  AND  ANY  PRIOR  YEAR  INITIATIVE  WITH
CURRENT AND FUTURE YEAR IMPACTS FOR THE FOLLOWING CATEGORIES:
  (I) INPATIENT;
  (II) OUTPATIENT;
  (III) EMERGENCY ROOM;
  (IV) CLINIC;
  (V) NURSING HOMES;
  (VI) OTHER LONG TERM CARE;
  (VII) MEDICAID MANAGED CARE;
  (VIII) FAMILY HEALTH PLUS;
  (IX) PHARMACY;
  (X) TRANSPORTATION;
  (XI) DENTAL;
  (XII) NON-INSTITUTIONAL AND OTHER CATEGORIES;
  (XIII) AFFORDABLE HOUSING;
  (XIV) VITAL ACCESS PROVIDER SERVICES;
  (XV) BEHAVIORAL HEALTH VITAL ACCESS PROVIDER SERVICES;
  (XVI) FINGER LAKES HEALTH SERVICES AGENCY;
  (XVII) AUDIT RECOVERIES AND SETTLEMENTS;

S. 2007--A                         12                         A. 3007--A

  (D)  INFORMATION  AND  DISBURSEMENTS OF GRANTS TO PROVIDERS, INCLUDING
BUT NOT LIMITED TO:
  (I) DEMOGRAPHIC INFORMATION OF TARGETED RECIPIENTS;
  (II) NUMBER OF RECIPIENTS;
  (III) AWARD AMOUNTS AND TIMING OF AWARDS; AND
  (E) ANY PROJECTED MEDICAL ASSISTANCE SAVINGS DETERMINED BY THE COMMIS-
SIONER  PURSUANT  TO  SUBDIVISION  FOUR OF THIS SECTION AND THE PROPOSED
ALLOCATION PLAN WITH REGARD TO SUCH SAVINGS.
  (F) THE MONTHLY REPORTS REQUIRED BY THIS SUBDIVISION SHALL BE PROVIDED
TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE  SPEAKER  OF
THE  ASSEMBLY,  THE  CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF
THE ASSEMBLY WAYS AND MEANS COMMITTEE, AND THE CHAIRS OF THE SENATE  AND
ASSEMBLY  HEALTH COMMITTEES. SUCH REPORTS AND RELATED DOCUMENTS PROVIDED
TO THE LEGISLATURE SHALL ALSO BE POSTED ON THE WEBSITE AS MAINTAINED  BY
THE DEPARTMENT.
  6.  EXECUTIVE  BUDGET  SUMMARY. THE COMMISSIONER, IN CONSULTATION WITH
THE DIRECTOR OF THE BUDGET SHALL, UPON SUBMISSION OF THE EXECUTIVE BUDG-
ET TO THE LEGISLATURE, PROVIDE TO THE LEGISLATURE A DETAILED  ACCOUNTING
OF:
  (A) THE STATE MEDICAL ASSISTANCE STATE FUNDS EXPENDITURES ON THE CLOSE
OUT OF THE PRIOR YEAR;
  (B) A CURRENT YEAR RE-ESTIMATE;
  (C) THE PROSPECTIVE TWO-YEAR ESTIMATE; AND
  (D) ANY OTHER INFORMATION DEEMED NECESSARY AND APPROPRIATE.
  7.  STAFF  AVAILABILITY  AND  TRAINING.  (A)  THE COMMISSIONER AND THE
DIRECTOR OF THE BUDGET SHALL MAKE APPROPRIATE STAFF  AVAILABLE  TO  MEET
WITH THE CHAIRS OF THE HEALTH COMMITTEES OF THE SENATE AND THE ASSEMBLY,
OR  THEIR  DESIGNEES,  UPON THEIR REQUEST AND WITH REASONABLE NOTICE, TO
REVIEW EACH MONTHLY REPORT, AS DESCRIBED IN  SUBDIVISION  FIVE  OF  THIS
SECTION.
  (B)  THE  COMMISSIONER  SHALL  MAKE  TRAINING  AVAILABLE TO DESIGNATED
LEGISLATIVE STAFF WITH REGARD TO THE SKILLS  AND  TECHNIQUES  NEEDED  TO
EFFECTIVELY  ACCESS  AND  REVIEW  RELEVANT MEDICAL ASSISTANCE DATA BASES
UNDER THE CONTROL OF THE DEPARTMENT, UPON THEIR REQUEST AND WITH REASON-
ABLE NOTICE.
  S 9.  Section 280 of the public health law is REPEALED.
  S 10. Subdivision 2 of section 2807-d-1 of the public health  law,  as
added  by  section  52-c of part H of chapter 59 of the laws of 2011, is
amended to read as follows:
  2. The annual quality contribution amount  referenced  in  subdivision
one of this section shall be thirty million dollars for the state fiscal
year beginning April first, two thousand eleven, and for each subsequent
state  fiscal  year  thereafter  it shall be the amount of the preceding
year as increased by the ten year rolling average of the medical  compo-
nent  of  the  consumer  price  index  as published by the United States
department of labor, bureau of labor statistics, for the  preceding  ten
years.   FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FIFTEEN, AND
FOR EACH STATE FISCAL YEAR, THE CONTRIBUTION DESCRIBED HEREIN  SHALL  BE
REDUCED BY FIFTEEN MILLION DOLLARS.
  S 11. Section 2807 of the public health law is amended by adding a new
subdivision 14 to read as follows:
  14.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AND SUBJECT
TO FEDERAL FINANCIAL PARTICIPATION, THE COMMISSIONER  IS  AUTHORIZED  TO
ESTABLISH,  PURSUANT TO REGULATIONS, A GENERAL HOSPITAL QUALITY POOL FOR
THE PURPOSE OF INCENTIVIZING AND FACILITATING  QUALITY  IMPROVEMENTS  IN
GENERAL HOSPITALS. AWARDS FROM SUCH POOL SHALL BE SUBJECT TO APPROVAL BY

S. 2007--A                         13                         A. 3007--A

THE  DIRECTOR  OF BUDGET. IF FEDERAL FINANCIAL PARTICIPATION IS UNAVAIL-
ABLE, THEN THE NON-FEDERAL SHARE OF AWARDS MADE PURSUANT TO THIS  SUBDI-
VISION MAY BE MADE AS STATE GRANTS.
  S 12. Section 2807 of the public health law is amended by adding a new
subdivision 22 to read as follows:
   22. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AND SUBJECT
TO FEDERAL FINANCIAL PARTICIPATION, GENERAL HOSPITALS DESIGNATED AS SOLE
COMMUNITY HOSPITALS IN ACCORDANCE WITH TITLE XVIII OF THE FEDERAL SOCIAL
SECURITY  ACT  SHALL  BE ELIGIBLE FOR ENHANCED PAYMENTS OR REIMBURSEMENT
FOR INPATIENT AND/OR OUTPATIENT SERVICES OF UP TO TWELVE MILLION DOLLARS
UNDER A SUPPLEMENTAL OR REVISED RATE  METHODOLOGY,  ESTABLISHED  BY  THE
COMMISSIONER  IN  REGULATION,  FOR  THE  PURPOSE OF PROMOTING ACCESS AND
IMPROVING THE QUALITY OF CARE. IF  FEDERAL  FINANCIAL  PARTICIPATION  IS
UNAVAILABLE,  THEN  THE  NON-FEDERAL  SHARE OF SUCH PAYMENTS PURSUANT TO
THIS SUBDIVISION MAY BE MADE AS STATE GRANTS.
  S 13. Subdivision (e) of section 2826 of the  public  health  law,  as
added  by  section  27  of  part C of chapter 60 of the laws of 2014, is
amended to read as follows:
  (e) Notwithstanding any law to the contrary, general hospitals defined
as critical access hospitals pursuant to  title  XVIII  of  the  federal
social security act shall be allocated no less than [five] SEVEN million
FIVE  HUNDRED  THOUSAND  dollars  annually pursuant to this section. The
department of health shall provide a report to the governor and legisla-
ture no later  than  [December]  JUNE  first,  two  thousand  [fourteen]
FIFTEEN providing recommendations on how to ensure the financial stabil-
ity  of,  and  preserve  patient  access  to, critical access hospitals,
INCLUDING AN EXAMINATION OF PERMANENT MEDICAID RATE METHODOLOGY CHANGES.
  S 14. Section 2826 of the public health law is amended by adding a new
subdivision (f) to read as follows:
  (F) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AND  SUBJECT
TO  FEDERAL  FINANCIAL  PARTICIPATION,  NO LESS THAN TEN MILLION DOLLARS
SHALL BE ALLOCATED TO PROVIDERS DESCRIBED IN THIS SUBDIVISION; PROVIDED,
HOWEVER THAT IF FEDERAL FINANCIAL PARTICIPATION IS UNAVAILABLE  FOR  ANY
ELIGIBLE  PROVIDER,  OR FOR ANY POTENTIAL INVESTMENT UNDER THIS SUBDIVI-
SION THEN THE NON-FEDERAL SHARE OF PAYMENTS PURSUANT TO THIS SUBDIVISION
MAY BE MADE AS STATE GRANTS.
  (I) PROVIDERS SERVING RURAL AREAS AS SUCH TERM IS DEFINED  IN  SECTION
TWO  THOUSAND  NINE HUNDRED FIFTY-ONE OF THIS CHAPTER, INCLUDING BUT NOT
LIMITED TO HOSPITALS, RESIDENTIAL HEALTH CARE FACILITIES, DIAGNOSTIC AND
TREATMENT CENTERS, AMBULATORY  SURGERY  CENTERS  AND  CLINICS  SHALL  BE
ELIGIBLE  FOR  ENHANCED  PAYMENTS  OR REIMBURSEMENT UNDER A SUPPLEMENTAL
RATE METHODOLOGY FOR THE PURPOSE OF PROMOTING ACCESS AND  IMPROVING  THE
QUALITY OF CARE.
  (II) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AND SUBJECT
TO  FEDERAL  FINANCIAL  PARTICIPATION,  ESSENTIAL  COMMUNITY  PROVIDERS,
WHICH, FOR THE PURPOSES OF THIS SECTION,  SHALL  MEAN  A  PROVIDER  THAT
OFFERS  HEALTH  SERVICES WITHIN A DEFINED AND ISOLATED GEOGRAPHIC REGION
WHERE SUCH SERVICES WOULD OTHERWISE BE UNAVAILABLE TO THE POPULATION  OF
SUCH  REGION,  SHALL  BE ELIGIBLE FOR ENHANCED PAYMENTS OR REIMBURSEMENT
UNDER A SUPPLEMENTAL RATE  METHODOLOGY  FOR  THE  PURPOSE  OF  PROMOTING
ACCESS  AND  IMPROVING  QUALITY  OF  CARE. ELIGIBLE PROVIDERS UNDER THIS
PARAGRAPH MAY INCLUDE, BUT ARE NOT LIMITED  TO,  HOSPITALS,  RESIDENTIAL
HEALTH  CARE  FACILITIES,  DIAGNOSTIC  AND TREATMENT CENTERS, AMBULATORY
SURGERY CENTERS AND CLINICS.
  (III) IN MAKING SUCH PAYMENTS THE  COMMISSIONER  MAY  CONTEMPLATE  THE
EXTENT  TO WHICH ANY SUCH PROVIDER RECEIVES ASSISTANCE UNDER SUBDIVISION

S. 2007--A                         14                         A. 3007--A

(A) OF THIS SECTION AND MAY REQUIRE SUCH PROVIDER TO  SUBMIT  A  WRITTEN
PROPOSAL  DEMONSTRATING  THAT THE NEED FOR MONIES UNDER THIS SUBDIVISION
EXCEEDS MONIES OTHERWISE DISTRIBUTED PURSUANT TO THIS SECTION.
  (IV)  PAYMENTS  UNDER THIS SUBDIVISION MAY INCLUDE, BUT NOT BE LIMITED
TO, TEMPORARY RATE ADJUSTMENTS, LUMP SUM MEDICAID PAYMENTS, SUPPLEMENTAL
RATE METHODOLOGIES AND ANY OTHER PAYMENTS AS DETERMINED BY  THE  COMMIS-
SIONER.
  (V)  PAYMENTS  UNDER  THIS SUBDIVISION SHALL BE SUBJECT TO APPROVAL BY
THE DIRECTOR OF THE BUDGET.
  (VI) THE COMMISSIONER MAY PROMULGATE  REGULATIONS  TO  EFFECTUATE  THE
PROVISIONS OF THIS SUBDIVISION.
  S  15.  Subparagraph (iv) of paragraph (b) of subdivision 6 of section
367-a of the social services law, as amended by section 40 of part C  of
chapter 58 of the laws of 2005, is amended to read as follows:
  (iv)  individuals  [enrolled  in  health  maintenance organizations or
other entities which provide comprehensive  health  services,  or  other
managed care programs for services covered by such programs, except that
such  persons,  other  than  persons otherwise exempted from co-payments
pursuant to subparagraphs (i), (ii), (iii) and (v)  of  this  paragraph,
and  other  than  those  persons  enrolled  in  a managed long term care
program, shall be subject to co-payments as  described  in  subparagraph
(v)  of  paragraph  (d) of this subdivision] WHOSE FAMILY INCOME IS LESS
THAN ONE HUNDRED PERCENT OF THE FEDERAL  POVERTY  LINE,  AS  DEFINED  IN
SUBPARAGRAPH  FOUR  OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION THREE
HUNDRED SIXTY-SIX OF THIS TITLE, FOR A FAMILY OF THE SAME SIZE; and
  S 16.  Section 12 of part A of chapter 1 of the laws of 2002, relating
to the health care reform act of 2000, is amended to read as follows:
  S 12. Notwithstanding any inconsistent provision of law or  regulation
to  the  contrary,  and subject to the availability of federal financial
participation pursuant to title XIX of the federal social security  act,
effective  for  the period September 1, 2001 through March 31, 2002, and
state fiscal years thereafter, UNTIL MARCH 31, 2012, the  department  of
health  is  authorized  to pay a specialty hospital adjustment to public
general hospitals, as defined in subdivision 10 of section 2801  of  the
public health law, other than those operated by the state of New York or
the  state university of New York, receiving reimbursement for all inpa-
tient services under title XIX of the federal social security act pursu-
ant to paragraph (e) of subdivision 4 of section 2807-c  of  the  public
health  law,  and located in a city with a population of over 1 million,
of up to four hundred sixty-three million dollars for the period Septem-
ber 1, 2001 through March 31, 2002 and up to seven  hundred  ninety-four
million  dollars  annually  for state fiscal years thereafter as medical
assistance payments for inpatient services pursuant to title 11 of arti-
cle 5 of the social services  law  for  patients  eligible  for  federal
financial  participation  under title XIX of the federal social security
act based on each such hospital's proportionate share of the sum of  all
inpatient  discharges  for  all  facilities  eligible  for an adjustment
pursuant to this section for the base year two years prior to  the  rate
year.  Such proportionate share payment may be added to rates of payment
or made as aggregate payments to eligible public general hospitals.
  S 17. Section 13 of part B of chapter 1 of the laws of 2002,  relating
to the health care reform act of 2000, is amended to read as follows:
  S  13. Notwithstanding any inconsistent provision of law or regulation
to the contrary, and subject to the availability  of  federal  financial
participation  pursuant to title XIX of the federal social security act,
effective for the period April 1, 2002 through March 31, 2003, and state

S. 2007--A                         15                         A. 3007--A

fiscal years thereafter UNTIL MARCH 31, 2012, the department  of  health
is  authorized  to pay a specialty hospital adjustment to public general
hospitals, as defined in subdivision 10 of section 2801  of  the  public
health  law,  other  than those operated by the state of New York or the
state university of New York, receiving reimbursement for all  inpatient
services  under title XIX of the federal social security act pursuant to
paragraph (e) of subdivision 4 of section 2807-c of  the  public  health
law,  and located in a city with a population of over one million, of up
to two hundred eighty-six million dollars as medical assistance payments
for inpatient services pursuant to title 11 of article 5 of  the  social
services  law  for patients eligible for federal financial participation
under title XIX of the federal social security act based  on  each  such
hospital's  proportionate  share  of the sum of all inpatient discharges
for all facilities eligible for an adjustment pursuant to  this  section
for  the  base year two years prior to the rate year. Such proportionate
share payment may be added to rates of  payment  or  made  as  aggregate
payments to eligible hospitals.
  S  18. Notwithstanding any inconsistent provision of law or regulation
to the contrary, and subject to the availability  of  federal  financial
participation  pursuant to title XIX of the federal social security act,
effective for the period April 1, 2012,  through  March  31,  2013,  and
state fiscal years thereafter, the department of health is authorized to
pay a public hospital adjustment to public general hospitals, as defined
in  subdivision  10 of section 2801 of the public health law, other than
those operated by the state of New York or the state university  of  New
York,  and  located in a city with a population of over 1 million, of up
to one billion eighty million dollars  annually  as  medical  assistance
payments for inpatient services pursuant to title 11 of article 5 of the
social  services law for patients eligible for federal financial partic-
ipation under title XIX of the federal social security act based on such
criteria and methodologies as the commissioner may from time to time set
through a memorandum of understanding with the New York city health  and
hospitals  corporation,  and  such adjustments shall be paid by means of
one or more estimated payments,  with  such  estimated  payments  to  be
reconciled  to  the  commissioner  of health's final adjustment determi-
nations after the disproportionate  share  hospital  payment  adjustment
caps have been calculated for such period under sections 1923(f) and (g)
of the federal social security act. Such adjustment payment may be added
to  rates  of  payment  or made as aggregate payments to eligible public
general hospitals.
  S 19.  Section 14 of part A of chapter 1 of the laws of 2002, relating
to the health care reform act of 2000, is amended to read as follows:
  S 14. Notwithstanding any inconsistent provision of law, rule or regu-
lation to the contrary, and  subject  to  the  availability  of  federal
financial  participation  pursuant  to  title  XIX of the federal social
security act, effective for the period January 1, 2002 through March 31,
2002, and state fiscal  years  thereafter  UNTIL  MARCH  31,  2011,  the
department of health is authorized to increase the operating cost compo-
nent  of  rates  of payment for general hospital outpatient services and
general hospital emergency room services issued  pursuant  to  paragraph
(g) of subdivision 2 of section 2807 of the public health law for public
general  hospitals,  as defined in subdivision 10 of section 2801 of the
public health law, other than those operated by the state of New York or
the state university of New York, and located in a  city  with  a  popu-
lation  of  over  one  million, which experienced free patient visits in
excess of twenty percent of their total self-pay and free patient visits

S. 2007--A                         16                         A. 3007--A

based on data reported on exhibit 33 of their  1999  institutional  cost
report  and  which  experienced uninsured outpatient losses in excess of
seventy-five percent of their total inpatient and  outpatient  uninsured
losses  based on data reported on exhibit 47 of their 1999 institutional
cost report, of up to thirty-four million dollars for the period January
1, 2002 through March 31, 2002 and up to one hundred thirty-six  million
dollars annually for state fiscal years thereafter as medical assistance
payments  for  outpatient  services pursuant to title 11 of article 5 of
the social services law for  patients  eligible  for  federal  financial
participation  under  title XIX of the federal social security act based
on each such hospital's proportionate share of the sum of all outpatient
visits for all facilities eligible for an adjustment  pursuant  to  this
section for the base year two years prior to the rate year. Such propor-
tionate share payment may be added to rates of payment or made as aggre-
gate payments to eligible public general hospitals.
  S  20. Section 14 of part B of chapter 1 of the laws of 2002, relating
to the health care reform act of 2000, is amended to read as follows:
  S 14. Notwithstanding any inconsistent provision of law or  regulation
to  the  contrary,  and subject to the availability of federal financial
participation pursuant to title XIX of the federal social security  act,
effective  for  the  period  January 1, 2002 through March 31, 2002, and
state fiscal years thereafter UNTIL MARCH 31, 2011,  the  department  of
health  is  authorized to increase the operating cost component of rates
of payment for general hospital outpatient services and general hospital
emergency room services issued pursuant to paragraph (g) of  subdivision
2 of section 2807 of the public health law for public general hospitals,
as  defined  in subdivision 10 of section 2801 of the public health law,
other than those operated by the state of New York or the state  univer-
sity  of  New  York, and located in a city with a population of over one
million, which experienced free  patient  visits  in  excess  of  twenty
percent  of  their  total self-pay and free patient visits based on data
reported on exhibit 33 of their 1999 institutional cost report and which
experienced  uninsured  outpatient  losses  in  excess  of  seventy-five
percent  of  their total inpatient and outpatient uninsured losses based
on data reported on exhibit 47 of their 1999 institutional cost  report,
of  up  to  thirty-seven  million dollars for the period January 1, 2002
through March 31, 2002 and one hundred fifty-one million dollars annual-
ly for state fiscal years thereafter as medical assistance payments  for
outpatient  services  pursuant  to  title  11 of article 5 of the social
services law for patients eligible for federal  financial  participation
under  title  XIX  of the federal social security act based on each such
hospital's proportionate share of the sum of all outpatient  visits  for
all  facilities  eligible for an adjustment pursuant to this section for
the base year two years prior to the rate year. Such proportionate share
payment may be added to rates of payment or made as  aggregate  payments
to eligible public general hospitals.
  S 21. Notwithstanding any inconsistent provision of law, rule or regu-
lation  to  the  contrary,  and  subject  to the availability of federal
financial participation pursuant to title  XIX  of  the  federal  social
security  act,  effective for the period April 1, 2011 through March 31,
2012, and state fiscal years thereafter, the  department  of  health  is
authorized  to increase the operating cost component of rates of payment
for general hospital outpatient services and general hospital  emergency
room  services  issued  pursuant  to  paragraph  (g) of subdivision 2 of
section 2807 of the public health law for public general  hospitals,  as
defined  in  subdivision  10  of  section 2801 of the public health law,

S. 2007--A                         17                         A. 3007--A

other than those operated by the state of New York or the state  univer-
sity  of  New  York,  and  located  in a city with a population over one
million, up to two hundred  eighty-seven  million  dollars  annually  as
medical assistance payments for outpatient services pursuant to title 11
of article 5 of the social services law for patients eligible for feder-
al financial participation under title XIX of the federal social securi-
ty  act based on such criteria and methodologies as the commissioner may
from time to time set through a memorandum of understanding with the New
York city health and hospitals corporation, and such  adjustments  shall
be  paid by means of one or more estimated payments, with such estimated
payments to be reconciled to the commissioner of health's final  adjust-
ment  determinations  after  the disproportionate share hospital payment
adjustment caps have been calculated  for  such  period  under  sections
1923(f)  and  (g)  of  the  federal social security act. Such adjustment
payment may be added to rates of payment or made as  aggregate  payments
to eligible public general hospitals.
  S  22. Section 16 of part A of chapter 1 of the laws of 2002, relating
to the health care reform act of 2000, is amended to read as follows:
  S 16. Any amounts provided pursuant to sections eleven, twelve,  thir-
teen  and fourteen of this act shall be effective for purposes of deter-
mining payments for public general hospitals contingent  on  receipt  of
all  approvals required by federal law or regulations for federal finan-
cial participation in payments made pursuant to title XIX of the federal
social security act. If federal approvals are not granted  for  payments
based  on such amounts or components thereof, payments to public general
hospitals shall be determined without consideration of such  amounts  or
such  components. Public general hospitals shall refund to the state, or
the  state  may  recoup  from  prospective  payments,  any   overpayment
received,  including  those  based  on  a  retroactive  reduction in the
payments. Any reduction in federal financial participation  pursuant  to
title  XIX  of  the federal social security act related to federal upper
payment limits APPLICABLE TO PUBLIC GENERAL HOSPITALS OTHER  THAN  THOSE
OPERATED  BY  THE  STATE OF NEW YORK OR THE STATE UNIVERSITY OF NEW YORK
shall be deemed to apply first to amounts provided pursuant to  sections
eleven,  twelve, thirteen and fourteen of this act AND SECTIONS EIGHTEEN
AND TWENTY-ONE OF A CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN.
  S 23.  Section 20 of part B of chapter 1 of the laws of 2002, relating
to the health care reform act of 2000, is amended to read as follows:
  S 20. Any amounts provided pursuant to sections thirteen and  fourteen
of  this act shall be effective for purposes of determining payments for
public general hospitals contingent on receipt of all approvals required
by federal law or regulations for  federal  financial  participation  in
payments  made pursuant to title XIX of the federal social security act.
If federal approvals are not granted for payments based on such  amounts
or  components  thereof,  payments  to public general hospitals shall be
determined without consideration of such  amounts  or  such  components.
Public  general  hospitals  shall  refund to the state, or the state may
recoup from prospective payments, any  overpayment  received,  including
those based on a retroactive reduction in the payments. Any reduction in
federal  financial  participation  pursuant  to title XIX of the federal
social security act related to federal upper payment  limits  APPLICABLE
TO  PUBLIC  GENERAL  HOSPITALS OTHER THAN THOSE OPERATED BY THE STATE OF
NEW YORK OR THE STATE UNIVERSITY OF NEW YORK shall be  deemed  to  apply
first  to amounts provided pursuant to sections thirteen and fourteen of
this act AND SECTIONS EIGHTEEN AND TWENTY-ONE OF A CHAPTER OF  THE  LAWS
OF TWO THOUSAND FIFTEEN.

S. 2007--A                         18                         A. 3007--A

  S  24.    Subdivisions  7,  7-a  and 7-b of section 2807 of the public
health law, subdivision 7 as amended by section 195 of part A of chapter
389 of the laws of 1997, subdivision 7-a as amended by  chapter  938  of
the laws of 1990, subdivision 7-b as added by chapter 731 of the laws of
1993,  paragraph (b) of subdivision 7-b as amended by chapter 175 of the
laws of 1997, are amended to read as follows:
  7. Reimbursement rate promulgation. The commissioner shall notify each
[hospital] RESIDENTIAL HEALTH CARE FACILITY and  health-related  service
of  its approved rates of payment which shall be used in reimbursing for
services provided to persons eligible for payments made by state govern-
mental agencies at least sixty days prior to the beginning of an  estab-
lished  rate period for which the rate is to become effective. Notifica-
tion shall be made only after approval of rate schedules  by  the  state
director  of  the  budget. The [sixty and thirty day] notice provisions,
herein, shall not apply to rates issued following judicial annulment  or
invalidation of any previously issued rates, or rates issued pursuant to
changes  in  the  methodology  used  to  compute rates which changes are
promulgated following the judicial annulment or invalidation  of  previ-
ously issued rates.  Notwithstanding any provision of law to the contra-
ry,  nothing  in  this  subdivision shall prohibit the recalculation and
payment of rates, including  both  positive  and  negative  adjustments,
based  on  a  reconciliation  of amounts paid by residential health care
facilities beginning April  first,  nineteen  hundred  ninety-seven  for
additional  assessments  or  further  additional assessments pursuant to
section twenty-eight hundred seven-d of this article  with  the  amounts
originally recognized for reimbursement purposes.
  [7-a.  Notwithstanding  any inconsistent provision of law, with regard
to a general hospital the provisions of subdivisions four and  seven  of
this  section  and  the provisions of section eighteen of chapter two of
the laws of nineteen hundred eighty-eight relating to the requirement of
prior notice and the time frames for notice, approval  or  certification
of  rates  of payment, maximum rates of payment or maximum charges where
not otherwise waived pursuant to law shall be applicable  only  to  such
rates  of  payment  or  maximum charges prospectively established for an
annual rate period and such provisions shall  not  be  applicable  to  a
general hospital with regard to prospective adjustments or retrospective
adjustments  of  established  rates of payment or maximum charges for or
during an annual rate period based on correction of errors or  omissions
of  data  or  in computation, rate appeals, audits or other rate adjust-
ments authorized by law or regulations adopted pursuant to section twen-
ty-eight hundred three of this article.
  7-b. Notification of diagnostic and treatment center  approved  rates.
(a)  For  rate periods or portions of rate periods beginning on or after
October first, nineteen  hundred  ninety-four,  the  commissioner  shall
notify  each  diagnostic  and  treatment center of its approved rates of
payment, which shall be used in the reimbursement for services  provided
to  persons eligible for payments made by state governmental agencies at
least thirty days prior to the beginning of the period  for  which  such
rates are to become effective.
  (b)] (A) Notwithstanding any contrary provision of law, all diagnostic
and  treatment centers certified on or before September second, nineteen
hundred ninety-seven shall, not later than  September  second,  nineteen
hundred  ninety-seven,  notify  the  commissioner whether they intend to
maintain all books and records utilized by the diagnostic and  treatment
center  for cost reporting and reimbursement purposes on a calendar year
basis or, commencing on July first, nineteen hundred  ninety-six,  on  a

S. 2007--A                         19                         A. 3007--A

July  first  through June thirtieth basis, and shall thereafter maintain
all books and records  on  such  basis.  All  diagnostic  and  treatment
centers  certified after September second, nineteen hundred ninety-seven
shall  notify the commissioner at the time of certification whether they
intend to maintain all books and records on a calendar year basis or  on
[or]  a  July  first  through June thirtieth basis, and shall thereafter
maintain all books and records on such a basis.
  [(c)] (B) The books and records maintained pursuant to paragraph [(b)]
(A) of this subdivision shall be utilized  and  made  available  to  the
commissioner  in  promulgating  rates of payment for annual rate periods
beginning on or after October first, nineteen hundred ninety-seven.
  [(d)] (C) Notwithstanding any provision of the law  to  the  contrary,
rates  of  payment established in accordance with paragraph [(b)] (A) as
amended, and paragraph (f) of subdivision two of this  section  for  the
rate  period  beginning April first, nineteen hundred ninety-three shall
continue in effect through September thirtieth, nineteen  hundred  nine-
ty-four,  and  applicable trend factors shall be applied to that portion
of such rates of payment for the rate period which begins  April  first,
nineteen hundred ninety-four.
  S 25.  Section 365-l of the social services law is amended by adding a
new subdivision 2-b to read as follows:
  2-B.  THE  COMMISSIONER  IS  AUTHORIZED  TO  MAKE GRANTS UP TO A GROSS
AMOUNT OF FIVE MILLION DOLLARS, TO ESTABLISH COORDINATION BETWEEN HEALTH
HOMES AND THE CRIMINAL JUSTICE SYSTEM AND FOR THE INTEGRATION OF  INFOR-
MATION  OF HEALTH HOMES WITH STATE AND LOCAL CORRECTIONAL FACILITIES, TO
THE EXTENT PERMITTED BY LAW.  HEALTH HOMES RECEIVING SUCH FUNDS SHALL BE
REQUIRED TO DOCUMENT AND DEMONSTRATE THE EFFECTIVE USE OF FUNDS DISTRIB-
UTED HEREIN.
  S 26. Paragraph (e) of subdivision 2-a of section 2807 of  the  public
health  law  is  amended  by  adding  a new subparagraph (iv) to read as
follows:
  (IV) NOTWITHSTANDING ANY LAW TO THE CONTRARY AND  SUBJECT  TO  FEDERAL
FINANCIAL  PARTICIPATION,  FAMILY  PLANNING  OR  FAMILY PLANNING RELATED
SERVICES THAT ARE  ELIGIBLE  FOR  ENHANCED  FEDERAL  MEDICAL  ASSISTANCE
PERCENTAGES,  SHALL NOT BE REIMBURSED PURSUANT TO THE METHODOLOGY ESTAB-
LISHED IN THIS SUBDIVISION.
  S 27. Subdivision 35 of section 2807-c of the  public  health  law  is
amended by adding a new paragraph (k) to read as follows:
  (K)  NOTWITHSTANDING  ANY  LAW  TO THE CONTRARY AND SUBJECT TO FEDERAL
FINANCIAL PARTICIPATION, FAMILY  PLANNING  OR  FAMILY  PLANNING  RELATED
SERVICES  THAT  ARE  ELIGIBLE  FOR  ENHANCED  FEDERAL MEDICAL ASSISTANCE
PERCENTAGES SHALL BE EXCLUDED FROM REIMBURSEMENT UNDER THIS SUBDIVISION.
  S 28.  Subdivisions 6 and 7 of section 369-gg of the  social  services
law  are  renumbered 7 and 8 and a new subdivision 6 is added to read as
follows:
  6. RATES OF PAYMENT.  (A) THE COMMISSIONER SHALL SELECT  AND  CONTRACT
WITH   AN   INDEPENDENT  ACTUARY  TO  STUDY  AND  RECOMMEND  APPROPRIATE
REIMBURSEMENT METHODOLOGIES FOR THE COST OF HEALTH CARE SERVICE COVERAGE
PURSUANT TO THIS TITLE. SUCH INDEPENDENT ACTUARY SHALL REVIEW  AND  MAKE
RECOMMENDATIONS CONCERNING APPROPRIATE ACTUARIAL ASSUMPTIONS RELEVANT TO
THE  ESTABLISHMENT  OF  REIMBURSEMENT  METHODOLOGIES,  INCLUDING BUT NOT
LIMITED TO; THE ADEQUACY OF RATES OF PAYMENT IN RELATION  TO  THE  POPU-
LATION  TO  BE  SERVED  ADJUSTED  FOR CASE MIX, THE SCOPE OF HEALTH CARE
SERVICES APPROVED ORGANIZATIONS MUST PROVIDE, THE  UTILIZATION  OF  SUCH
SERVICES AND THE NETWORK OF PROVIDERS REQUIRED TO MEET STATE STANDARDS.

S. 2007--A                         20                         A. 3007--A

  (B)  UPON  CONSULTATION  WITH  THE  INDEPENDENT  ACTUARY  AND ENTITIES
REPRESENTING APPROVED  ORGANIZATIONS,  THE  COMMISSIONER  SHALL  DEVELOP
REIMBURSEMENT  METHODOLOGIES  AND FEE SCHEDULES FOR DETERMINING RATES OF
PAYMENT, WHICH RATES SHALL BE APPROVED BY THE DIRECTOR OF  THE  DIVISION
OF  THE  BUDGET,  TO BE MADE BY THE DEPARTMENT TO APPROVED ORGANIZATIONS
FOR THE COST OF HEALTH CARE SERVICES COVERAGE PURSUANT  TO  THIS  TITLE.
SUCH   REIMBURSEMENT   METHODOLOGIES   AND  FEE  SCHEDULES  MAY  INCLUDE
PROVISIONS FOR CAPITATION ARRANGEMENTS.
  (C) THE COMMISSIONER SHALL HAVE  THE  AUTHORITY  TO  PROMULGATE  REGU-
LATIONS,  INCLUDING  EMERGENCY  REGULATIONS, NECESSARY TO EFFECTUATE THE
PROVISIONS OF THIS SUBDIVISION.
  S 29. Section 1 of part B of chapter 59 of the laws of 2011,  amending
the  public  health law relating to rates of payment and medical assist-
ance, is amended to read as follows:
  Section 1.   (a) Notwithstanding any inconsistent  provision  of  law,
rule  or  regulation to the contrary, and subject to the availability of
federal financial participation, effective for the period April 1,  2011
through  March  31,  2012,  and  each  state fiscal year thereafter, the
department  of  health  is  authorized  to  make  supplemental  Medicaid
payments OR SUPPLEMENTAL MEDICAID MANAGED CARE PAYMENTS for professional
services  provided  by  physicians,  nurse  practitioners  and physician
assistants who are participating in a plan for the management  of  clin-
ical  practice  at  the State University of New York, in accordance with
title 11 of article 5 of the social services law for  patients  eligible
for  federal  financial  participation  under  title  XIX of the federal
social security act, in amounts that will increase fees for such profes-
sional services to an amount equal to the average commercial or Medicare
rate that would otherwise be received for such services rendered by such
physicians, nurse practitioners and  physician  assistants.  The  calcu-
lation  of  such  supplemental  fee payments shall be made in accordance
with applicable federal law and regulation and subject to  the  approval
of  the  division of the budget. Such supplemental Medicaid fee payments
may be added to the professional fees paid under the fee schedule  [or],
made  as aggregate lump sum payments to eligible clinical practice plans
authorized to receive professional fees OR MADE AS SUPPLEMENTAL PAYMENTS
MADE FOR SUCH PURPOSE AS  DESCRIBED  HEREIN  TO  MEDICAID  MANAGED  CARE
ORGANIZATIONS.  SUPPLEMENTAL  MEDICAID  MANAGED CARE PAYMENTS UNDER THIS
SECTION SHALL BE DISTRIBUTED TO PROVIDERS AS DETERMINED BY  THE  MANAGED
CARE  MODEL  CONTRACT AND MAY UTILIZE MANAGED CARE ORGANIZATION REPORTED
ENCOUNTER DATA AND OTHER SUCH METRICS AS DETERMINED BY THE DEPARTMENT OF
HEALTH IN ORDER TO ENSURE RATES OF PAYMENT  EQUIVALENT  TO  THE  AVERAGE
COMMERCIAL  OR  MEDICARE  RATE THAT WOULD OTHERWISE BE RECEIVED FOR SUCH
SERVICES RENDERED BY SUCH PHYSICIANS, NURSE PRACTITIONERS AND  PHYSICIAN
ASSISTANTS.
  (b) The affiliated State University of New York health science centers
shall  be responsible for payment of one hundred percent of the non-fed-
eral share of such supplemental Medicaid payments OR SUPPLEMENTAL  MEDI-
CAID  MANAGED  CARE  PAYMENTS  for  all services provided by physicians,
nurse practitioners and physician assistants who are participating in  a
plan for the management of clinical practice, in accordance with section
365-a  of  the social services law, regardless of whether another social
services district or the department of health may otherwise be responsi-
ble for furnishing medical assistance to the eligible persons  receiving
such services.

S. 2007--A                         21                         A. 3007--A

  S 30. Section 93 of part H of chapter 59 of the laws of 2011, amending
the  public health law relating to general hospital inpatient reimburse-
ment for annual rates, is amended to read as follows:
  S  93.  1.  Notwithstanding any inconsistent provision of law, rule or
regulation to the contrary, and subject to the availability  of  federal
financial  participation, effective for the period April 1, 2011 through
March 31, 2012, and each state fiscal year thereafter, the department of
health is authorized to make supplemental Medicaid payments  OR  SUPPLE-
MENTAL MEDICAID MANAGED CARE PAYMENTS for professional services provided
by  physicians,  nurse  practitioners  and  physician assistants who are
employed by a public benefit corporation or a non-state operated  public
general  hospital  operated  by  a public benefit corporation or who are
providing professional services at a facility  of  such  public  benefit
corporation  as  either  a member of a practice plan or an employee of a
professional corporation or limited liability corporation under contract
to provide services to patients of such a public benefit corporation, in
accordance with title 11 of article 5 of the  social  services  law  for
patients eligible for federal financial participation under title XIX of
the  federal social security act, in amounts that will increase fees for
such professional services to an amount equal  to  either  the  Medicare
rate or the average commercial rate that would otherwise be received for
such  services  rendered  by  such  physicians,  nurse practitioners and
physician assistants, provided,  however,  that  such  supplemental  fee
payments  shall  not  be  available  with regard to services provided at
facilities participating in the Medicare  Teaching  Election  Amendment.
The  calculation  of  such  supplemental  fee  payments shall be made in
accordance with applicable federal law and regulation and subject to the
approval of the division of the budget.  Such supplemental Medicaid  fee
payments may be added to the professional fees paid under the fee sched-
ule  [or], made as aggregate lump sum payments to entities authorized to
receive professional fees OR MADE AS SUPPLEMENTAL PAYMENTS MADE FOR SUCH
PURPOSE AS DESCRIBED HEREIN  TO  MEDICAID  MANAGED  CARE  ORGANIZATIONS.
SUPPLEMENTAL  MEDICAID MANAGED CARE PAYMENTS UNDER THIS SECTION SHALL BE
DISTRIBUTED TO  PROVIDERS  AS  DETERMINED  BY  THE  MANAGED  CARE  MODEL
CONTRACT  AND  MAY  UTILIZE MANAGED CARE ORGANIZATION REPORTED ENCOUNTER
DATA AND OTHER SUCH METRICS AS DETERMINED BY THE DEPARTMENT OF HEALTH IN
ORDER TO ENSURE RATES OF PAYMENT EQUIVALENT TO THE AVERAGE COMMERCIAL OR
MEDICARE RATE  THAT  WOULD  OTHERWISE  BE  RECEIVED  FOR  SUCH  SERVICES
RENDERED  BY  SUCH PHYSICIANS, NURSE PRACTITIONERS AND PHYSICIAN ASSIST-
ANTS.
  2. The supplemental Medicaid payments OR SUPPLEMENTAL MEDICAID MANAGED
CARE PAYMENTS for professional services authorized by subdivision one of
this section may be made only at the  election  of  the  public  benefit
corporation or the local social services district in which the non-state
operated public general hospital is located. The electing public benefit
corporation or local social services district shall, notwithstanding the
social services district Medicaid cap provisions of Part C of chapter 58
of  the  laws of 2005, be responsible for payment of one hundred percent
of the non-federal share of  such  supplemental  Medicaid  payments,  in
accordance  with section 365-a of the social services law, regardless of
whether another social services district or the department of health may
otherwise be responsible for furnishing medical assistance to the eligi-
ble persons receiving such services. Social services district or  public
benefit  corporation  funding  of  the  non-federal  share  of  any such
payments shall be deemed to be voluntary for purposes of  the  increased
federal  medical assistance percentage provisions of the American Recov-

S. 2007--A                         22                         A. 3007--A

ery and Reinvestment Act of 2009, provided, however, that in  the  event
the  federal  Centers for Medicare and Medicaid Services determines that
such non-federal share payments are not voluntary payments for  purposes
of such act, the provisions of this section shall be null and void.
  S 31.  Subparagraph (iii) of paragraph (d) of subdivision 1 of section
367-a  of the social services law, as amended by section 65 of part H of
chapter 59 of the laws 2011, is amended to read as follows:
  (iii) [When payment under part B of title XVIII of the federal  social
security  act for] WITH RESPECT TO items and services provided to eligi-
ble persons who are also beneficiaries under part B of  title  XVIII  of
the federal social security act and [for] items and services provided to
qualified  medicare  beneficiaries  under  part  B of title XVIII of the
federal social security act [would  exceed  the  amount  that  otherwise
would  be  made under this title if provided to an eligible person other
than a person who is also a beneficiary under part B or is  a  qualified
medicare beneficiary, the amount payable for services covered under this
title  shall  be  twenty  percent  of],  THE AMOUNT PAYABLE FOR SERVICES
COVERED UNDER THIS TITLE SHALL BE the amount of any co-insurance liabil-
ity of such eligible persons pursuant  to  federal  law  were  they  not
eligible  for  medical  assistance  or  were they not qualified medicare
beneficiaries with respect to such benefits under such part B, BUT SHALL
NOT EXCEED THE AMOUNT THAT OTHERWISE WOULD BE MADE UNDER THIS  TITLE  IF
PROVIDED TO AN ELIGIBLE PERSON OTHER THAN A PERSON WHO IS ALSO A BENEFI-
CIARY  UNDER  PART  B  OR  IS A QUALIFIED MEDICARE BENEFICIARY MINUS THE
AMOUNT PAYABLE UNDER PART B; provided, however,  amounts  payable  under
this  title  for items and services provided to eligible persons who are
also beneficiaries under part B or to qualified  medicare  beneficiaries
by  an ambulance service under the authority of an operating certificate
issued pursuant to article thirty of the public health law,  a  psychol-
ogist  licensed  under  article one hundred fifty-three of the education
law, or a facility under  the  authority  of  an  operating  certificate
issued  pursuant  to  article  sixteen,  thirty-one or thirty-two of the
mental hygiene law and with respect to outpatient  hospital  and  clinic
items  and  services  provided  by  a facility under the authority of an
operating certificate issued pursuant to  article  twenty-eight  of  the
public health law, shall not be less than the amount of any co-insurance
liability  of such eligible persons or such qualified medicare benefici-
aries, or for which such eligible persons  or  such  qualified  medicare
beneficiaries  would  be liable under federal law were they not eligible
for medical assistance or were they not qualified medicare beneficiaries
with respect to such benefits under part B.
  S 32.  Paragraph (d) of subdivision 1 of section 367-a of  the  social
services  law  is  amended  by adding a new subparagraph (iv) to read as
follows:
  (IV) IF A HEALTH PLAN PARTICIPATING IN PART C OF TITLE  XVIII  OF  THE
FEDERAL  SOCIAL  SECURITY  ACT  PAYS  FOR ITEMS AND SERVICES PROVIDED TO
ELIGIBLE PERSONS WHO ARE ALSO BENEFICIARIES UNDER PART B OF TITLE  XVIII
OF  THE  FEDERAL  SOCIAL SECURITY ACT OR TO QUALIFIED MEDICARE BENEFICI-
ARIES, THE AMOUNT PAYABLE FOR SERVICES UNDER THIS  TITLE  SHALL  BE  THE
AMOUNT  OF  ANY CO-INSURANCE LIABILITY OF SUCH ELIGIBLE PERSONS PURSUANT
TO FEDERAL LAW IF THEY WERE NOT ELIGIBLE FOR MEDICAL ASSISTANCE OR  WERE
NOT QUALIFIED MEDICARE BENEFICIARIES WITH RESPECT TO SUCH BENEFITS UNDER
PART  B,  BUT  SHALL  NOT EXCEED THE AMOUNT THAT OTHERWISE WOULD BE MADE
UNDER THIS TITLE IF PROVIDED TO AN ELIGIBLE PERSON WHO IS NOT A  BENEFI-
CIARY  UNDER PART B OR A QUALIFIED MEDICARE BENEFICIARY, LESS THE AMOUNT
PAYABLE BY THE PART C HEALTH PLAN.

S. 2007--A                         23                         A. 3007--A

  S 33. Paragraph (a) of subdivision 3 of  section  366  of  the  social
services  law, as amended by chapter 110 of the laws of 1971, is amended
to read as follows:
  (a)  Medical  assistance  shall  be  furnished  to applicants in cases
where, although such applicant has a responsible  relative  with  suffi-
cient  income  and resources to provide medical assistance as determined
by the regulations of the department, the income and  resources  of  the
responsible  relative are not available to such applicant because of the
absence of such relative [or] AND the refusal or failure of such  ABSENT
relative  to  provide the necessary care and assistance.  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  34.   The commissioner of health is authorized to contract with one
or more entities to conduct an assessment of the mobility and  transpor-
tation  needs of persons with disabilities and other special needs popu-
lations.   The assessment shall include  identification  of  any  legal,
statutory  or  regulatory, and funding barriers. After consultation with
the department of transportation, office for people  with  developmental
disabilities,  office for the aging, office of mental health, and office
of alcoholism and substance abuse services, the  contractor  shall  make
recommendations  for the development of a pilot demonstration project to
coordinate medical and  non-medical  transportation  services,  maximize
funding  sources,  enhance  community  integration and any other related
tasks.
  S 35. Section 133 of the social services law, as  amended  by  chapter
455 of the laws of 2010, is amended to read as follows:
  S  133. Temporary preinvestigation emergency needs assistance or care.
Upon application for public assistance or care under this  chapter,  the
local  social services district shall notify the applicant in writing of
the availability of a monetary grant adequate to  meet  emergency  needs
assistance  or  care  and  shall,  at  such time, determine whether such
person is in immediate need. If it shall appear  that  a  person  is  in
immediate  need,  emergency  needs  assistance  or care shall be granted
pending  completion  of  an  investigation.  The  written   notification
required by this section shall inform such person of a right to an expe-
dited  hearing  when  emergency  needs  assistance  or care is denied. A
public assistance applicant who has been denied emergency needs  assist-
ance  or care must be given reason for such denial in a written determi-
nation which sets forth the basis for such  denial.    NOTHING  IN  THIS
SECTION  SHALL  BE  CONSTRUED TO REQUIRE THE SOCIAL SERVICES DISTRICT OR
ANY STATE AGENCY TO PROVIDE A MONETARY OR OTHER GRANT PURSUANT  TO  THIS
SECTION FOR THE PURPOSE OF OBTAINING MEDICAL CARE, HOME CARE, OR RELATED
SERVICES.
  S  36.   Subdivision 7 of section 364-i of the social services law, as
added by section 34 of part A of chapter 56 of  the  laws  of  2013,  is
amended to read as follows:
  7.  Notwithstanding [section one hundred thirty-three of this chapter]
ANY OTHER SECTION OF LAW, where care [or],  services,  OR  SUPPLIES  are
received  prior  to  the date [the] AN individual is determined eligible
for assistance under this title, medical assistance reimbursement  shall
be  available  for such care [or], services, OR SUPPLIES only (a) if the
care [or], services, OR SUPPLIES are received  during  the  three  month
period preceding the month of application for medical assistance and the
recipient  is determined to have been eligible in the month in which the

S. 2007--A                         24                         A. 3007--A

care [or], service, OR SUPPLY was received, or (b) [as] IF provided [for
in] DURING A PERIOD OF PRESUMPTIVE ELIGIBILITY PURSUANT TO this  section
[or  regulations  of  the  department]. NO MEDICAL ASSISTANCE UNDER THIS
TITLE,  REGARDLESS  OF  FUNDING  SOURCE,  SHALL BE AVAILABLE TO MEET THE
IMMEDIATE NEEDS OF INDIVIDUALS PRIOR TO A DETERMINATION THAT  THEY  MEET
THE  ELIGIBILITY  REQUIREMENTS  OF THIS TITLE, EXCEPT DURING A PERIOD OF
PRESUMPTIVE ELIGIBILITY AS PROVIDED IN THIS SUBDIVISION.
  S 37.  Notwithstanding any provision of law to the contrary,  enhanced
federal  medical  assistance  percentage monies available as a result of
the state's participation in  the  community  first  choice  state  plan
option  under  section  1915 of title XIX of the federal social security
act shall be used to implement the state's comprehensive plan for  serv-
ing  New  Yorkers with disabilities in the most integrated setting, also
known as the state's Olmstead plan. Such monies shall  be  expended  for
the purposes consistent with the Olmstead plan. The Department of Health
shall  consult  with stakeholders, relevant state agencies, the Division
of Budget and the Olmstead cabinet in determining the level  of  invest-
ment for each of the programs under the Olmstead plan.
  S 38. Section 2808 of the public health law is amended by adding a new
subdivision 27 to read as follows:
  27.  FOR  PERIODS  ON  OR AFTER APRIL FIRST, TWO THOUSAND FIFTEEN, THE
COMMISSIONER  SHALL  AUTHORIZE  AN  ENERGY  EFFICIENCY  AND/OR  DISASTER
PREPAREDNESS  DEMONSTRATION  PROGRAM FOR RESIDENTIAL HEALTH CARE FACILI-
TIES. SUCH PROGRAM SHALL BE LIMITED TO REAL PROPERTY CAPITAL COSTS.  THE
COMMISSIONER  MAY  PROMULGATE  REGULATIONS  IN  ORDER  TO  IMPLEMENT THE
PROVISIONS OF THIS SUBDIVISION.
  S 39. The opening paragraph of subdivision 9 of section  3614  of  the
public  health  law, as amended by section 56 of part A of chapter 56 of
the laws of 2013, is amended to read as follows:
  Notwithstanding any law  to  the  contrary,  the  commissioner  shall,
subject  to  the availability of federal financial participation, adjust
medical assistance rates of payment for certified home  health  agencies
for  such  services provided to children under eighteen years of age and
for services provided to a special needs population of medically complex
and fragile children, adolescents and young disabled adults  by  a  CHHA
operating  under  a  pilot program approved by the department, long term
home health care programs, AIDS home care programs established  pursuant
to this article, AND hospice programs established under article forty of
this  chapter [and for 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]. Such adjustments shall be for purposes
of improving recruitment, training and retention of home health aides or
other personnel with direct patient care responsibility in the following
aggregate amounts for the following periods:
  S 40. Paragraph (a) of subdivision 10 of section 3614  of  the  public
health law, as amended by section 57 of part A of chapter 56 of the laws
of 2013, is amended to read as follows:
  (a)  Such  adjustments to rates of payments shall be allocated propor-
tionally based on each certified home  health  agency,  long  term  home
health  care  program,  AIDS home care and hospice program's home health
aide or other  direct  care  services  total  annual  hours  of  service
provided  to  medicaid  patients, as reported in each such agency's most
recently available cost report as submitted to the  department  [or  for
the  purpose  of  the  managed  long  term care program a suitable proxy
developed  by  the  department  in  consultation  with  the   interested
parties]. Payments made pursuant to this section shall not be subject to

S. 2007--A                         25                         A. 3007--A

subsequent  adjustment or reconciliation; provided that such adjustments
to rates of payments to certified home health agencies shall only be for
that portion of services provided to children under  eighteen  years  of
age and for services provided to a special needs population of medically
complex and fragile children, adolescents and young disabled adults by a
CHHA operating under a pilot program approved by the department.
  S  41.  The civil service law is amended by adding a new section 66 to
read as follows:
  S 66. TERM APPOINTMENTS IN HEALTH INSURANCE PROGRAM-RELATED POSITIONS.
1. THE DEPARTMENT OF HEALTH'S OFFICE OF  HEALTH  INSURANCE  PROGRAMS  IS
TASKED  WITH  IMPLEMENTING SIGNIFICANT HEALTH INSURANCE PROGRAM REFORMS,
INITIATIVES AND MANDATES. AS THE  STATE  CONTINUES  TO  IMPLEMENT  THESE
CHANGES,  THE  OFFICE OF HEALTH INSURANCE PROGRAMS MAY NEED TO RELY UPON
THE EXPERTISE OF INDIVIDUALS FROM EITHER INSIDE OR OUTSIDE THE  EXISTING
STATE  WORKFORCE  THAT POSSESS HIGHLY SPECIALIZED EXPERTISE IN ASSESSING
AND LEVERAGING EMERGING HEALTH INSURANCE PROGRAMS AND RELATED ISSUES.
  TO THIS END, NOTWITHSTANDING ANY OTHER PROVISION IN THIS CHAPTER,  THE
DEPARTMENT MAY AUTHORIZE TERM APPOINTMENTS WITHOUT EXAMINATION TO TEMPO-
RARY  POSITIONS  REQUIRING SPECIAL EXPERTISE OR QUALIFICATIONS IN HEALTH
INSURANCE PROGRAMS. SUCH APPOINTMENTS MAY BE  AUTHORIZED  ONLY  IN  SUCH
CASES  WHERE  THE  OFFICE  OF HEALTH INSURANCE PROGRAMS CERTIFIES TO THE
DEPARTMENT THAT BECAUSE OF THE TYPE OF SERVICES TO BE  RENDERED  OR  THE
TEMPORARY  OR  OCCASIONAL  CHARACTER  OF  SUCH SERVICES, IT WOULD NOT BE
PRACTICABLE TO HOLD AN EXAMINATION OF ANY KIND. SUCH CERTIFICATION SHALL
BE A PUBLIC DOCUMENT PURSUANT TO THE PUBLIC OFFICERS LAW AND SHALL IDEN-
TIFY THE SPECIAL EXPERTISE OR QUALIFICATIONS THAT ARE REQUIRED  AND  WHY
THEY  CANNOT  BE  OBTAINED THROUGH AN APPOINTMENT FROM AN ELIGIBLE LIST.
THE MAXIMUM PERIOD FOR A TERM APPOINTMENT ESTABLISHED PURSUANT  TO  THIS
SUBDIVISION SHALL NOT EXCEED SIXTY MONTHS AND SHALL NOT BE EXTENDED, AND
THE  MAXIMUM NUMBER OF SUCH APPOINTMENTS SHALL NOT EXCEED THREE HUNDRED.
AT LEAST FIFTEEN DAYS PRIOR TO MAKING A  TERM  APPOINTMENT  PURSUANT  TO
THIS  SECTION  THE APPOINTING AUTHORITY SHALL PUBLICLY AND CONSPICUOUSLY
POST IN ITS OFFICES INFORMATION ABOUT THE  TEMPORARY  POSITION  AND  THE
REQUIRED  QUALIFICATIONS AND SHALL ALLOW ANY QUALIFIED EMPLOYEE TO APPLY
FOR SAID POSITION. AN EMPLOYEE APPOINTED PURSUANT TO THIS PROVISION  WHO
HAS COMPLETED TWO YEARS OF CONTINUOUS SERVICE UNDER THIS PROVISION SHALL
BE  ABLE  TO COMPETE IN ONE PROMOTIONAL EXAMINATION THAT IS ALSO OPEN TO
EMPLOYEES WHO HAVE PERMANENT CIVIL SERVICE APPOINTMENTS AND  APPROPRIATE
QUALIFICATIONS.
  2.  A  TEMPORARY  POSITION  ESTABLISHED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION MAY BE ABOLISHED FOR REASONS OF ECONOMY,  CONSOLIDATION  OR
ABOLITION  OF  FUNCTIONS,  CURTAILMENT  OF ACTIVITIES OR OTHERWISE. UPON
SUCH ABOLITION OR AT THE  END  OF  THE  TERM  OF  THE  APPOINTMENT,  THE
PROVISIONS   OF   SECTIONS   SEVENTY-EIGHT,   SEVENTY-NINE,  EIGHTY  AND
EIGHTY-ONE OF THIS CHAPTER SHALL NOT APPLY. IN THE EVENT OF A  REDUCTION
OF WORKFORCE PURSUANT TO SECTION EIGHTY OF THIS CHAPTER AFFECTING HEALTH
INSURANCE  PROGRAM-RELATED  POSITIONS, THE TERM APPOINTMENTS PURSUANT TO
THIS SECTION AT THE DEPARTMENT OF HEALTH'S OFFICE  OF  HEALTH  INSURANCE
PROGRAMS  SHALL BE ABOLISHED PRIOR TO THE ABOLITION OF PERMANENT COMPET-
ITIVE CLASS HEALTH INSURANCE PROGRAM-RELATED POSITIONS AT THE OFFICE  OF
HEALTH  INSURANCE  PROGRAMS INVOLVING COMPARABLE SKILLS AND RESPONSIBIL-
ITIES.
  S 42.  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:

S. 2007--A                         26                         A. 3007--A

  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  43. Subparagraph 6 of paragraph (b) of subdivision 1 of section 366
of the social services law, as added by section 1 of part D  of  chapter
56 of the laws of 2013, is amended to read as follows:
  (6) An individual who is not otherwise eligible for medical assistance
under  this section is eligible for coverage of family planning services
reimbursed by the federal government at a rate of  ninety  percent,  and
for  coverage of those services identified by the commissioner of health
as services generally performed as part  of  or  as  a  follow-up  to  a
service eligible for such ninety percent reimbursement, including treat-
ment  for  sexually  transmitted diseases, if his or her income does not
exceed the MAGI-equivalent of two hundred percent of the federal poverty
line for the applicable  family  size,  which  shall  be  calculated  in
accordance  with  guidance  issued by the secretary of the United States
department of health and human services[.]; PROVIDED  FURTHER  THAT  THE
COMMISSIONER  OF HEALTH IS AUTHORIZED TO ESTABLISH CRITERIA FOR PRESUMP-
TIVE ELIGIBILITY FOR SERVICES PROVIDED PURSUANT TO THIS SUBPARAGRAPH  IN
ACCORDANCE WITH ALL APPLICABLE REQUIREMENTS OF FEDERAL LAW OR REGULATION
PERTAINING TO SUCH ELIGIBILITY.
  S  44.  Subdivision  1 of section 398-b of the social services law, as
added by section 44 of part C of chapter 60 of  the  laws  of  2014,  is
amended to read as follows:
  1.  Notwithstanding  any inconsistent provision of law to the contrary
and subject to the availability of federal financial participation,  the
commissioner is authorized to make grants [from] UP TO a gross amount of
five  million  dollars FOR STATE FISCAL YEAR TWO THOUSAND FOURTEEN--FIF-
TEEN AND UP TO A GROSS AMOUNT  OF  FIFTEEN  MILLION  DOLLARS  FOR  STATE
FISCAL  YEAR  TWO THOUSAND FIFTEEN--SIXTEEN 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 [access]  ASSESS  readiness
and  make  necessary  infrastructure  and  organizational modifications,
collecting service utilization and other data  from  voluntary  agencies
and  other  entities, and making investments in health information tech-
nology, 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 [and child]
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 distrib-

S. 2007--A                         27                         A. 3007--A

uted  herein.    IF FEDERAL FINANCIAL PARTICIPATION IS UNAVAILABLE, THEN
THE NONFEDERAL SHARE OF PAYMENTS PURSUANT TO  THIS  SUBDIVISION  MAY  BE
MADE AS STATE GRANTS.
  S  45.  Paragraph  (g)  of  subdivision 1 of section 366 of the social
services law, as added by section 50 of part C of chapter 60 of the laws
of 2014, is amended 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, OR WHO ARE NON-CITIZ-
ENS IN A VALID NONIMMIGRANT STATUS, AS DEFINED IN 8 U.S.C.  1101(A)(15);
who are MAGI eligible pursuant to paragraph (b) of this subdivision; and
who  would  be ineligible for medical assistance coverage under subdivi-
sions 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 only be  eligible
for  assistance  under  this title if enrolled 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 while his or her enrollment in a standard health plan
is pending, in accordance with applicable provisions of this title.
  S  46.  Subdivision  8 of section 369-gg of the social service law, as
added by section 51 of part C of chapter 60 of the laws of 2014  and  as
renumbered by section thirty of this act, is amended to read as follows:
  8.    An  individual  who is lawfully admitted for permanent residence
[or], permanently residing in the United States under color of  law,  OR
WHO  IS  A  NON-CITIZEN  IN A VALID NONIMMIGRANT STATUS, AS DEFINED IN 8
U.S.C. 1101(A)(15), 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 paragraphs (b) and (c) of subdivision three of this section.
  S 47. Notwithstanding any inconsistent provision of law, rule or regu-
lation to the contrary, 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 48. 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

S. 2007--A                         28                         A. 3007--A

or certification of rates of payment, are hereby suspended  and  without
force or effect for purposes of implementing the provisions of this act.
  S  49. 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  50.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1,  2015,  section
eight of this act shall expire and be deemed repealed March 31, 2017 and
section  thirty-eight  of  this  act shall expire and be deemed repealed
March 31, 2018 provided that:
  1. sections two and three of this act shall take effect May 1, 2015;
  2. sections six, nine and thirteen of this act shall take effect  June
1, 2015;
  3.  sections  thirty-one  and thirty-two of this act shall take effect
July 1, 2015;
  4.  the amendments to subdivision 9 of section  367-a  of  the  social
services law made by sections two and three of this act shall not affect
the  expiration  and  reversion  of such subdivision and shall be deemed
expired therewith;
  5. sections twenty-eight and forty-six of this act shall  take  effect
on the same date and in the same manner as section 51 of part C of chap-
ter 60 of the laws of 2014 takes effect;
  6.  section  forty-five of this act shall take effect on the same date
and in the same manner as section 50 of part C of chapter 60 of the laws
of 2014 takes effect;
  7. the amendments to section 364-j of the social services law made  by
section  seven  of  this act shall not affect the repeal of such section
and shall be deemed to be repealed therewith;
  8. 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;
  9. 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;
  10.  the  commissioner of health and the superintendent of the depart-
ment of financial services and any appropriate council  may  take  steps
necessary to implement this act prior to its effective date;
  11.  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
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
  12. 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.

S. 2007--A                         29                         A. 3007--A

                                 PART C

  Section  1.   Section 48-a 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, as amended  by
section  13  of  part C of chapter 60 of the laws of 2014, is amended to
read as follows:
  S 48-a. 1. Notwithstanding any contrary provision of law, the  commis-
sioners of the office of alcoholism and substance abuse services and the
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  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  providers  licensed  pursuant  to
article  28  of  the public health law or article 31 or 32 of the mental
hygiene law for 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 ambu-
latory patient group (APG) rate-setting methodology as utilized  by  the
department  of  health,  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 deter-
mined  by  the  commissioner of health, in consultation with the commis-
sioner of alcoholism and substance abuse services and  the  commissioner
of the office of mental health, be greater than the increased funds made
available  pursuant  to  this section.   The increase of such ambulatory
behavioral health fees to providers available under this  section  shall
be for all rate periods on and after the effective date of [the] SECTION
13  OF  PART  C  OF  chapter  60 of the laws of 2014 [which amended this
section] through December 31, 2016 for patients in the city of New York,
for all rate periods on and after the effective date of [the] SECTION 13
OF PART C OF chapter 60 of the laws of 2014 [which amended this section]
through June 30, 2017 for patients outside the city of New York, and for
all rate periods on and after the effective date of such chapter [of the
laws of 2014 which amended this section] 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  methods  of payment during such periods described
above, subject to the approval of the department of health. The  depart-
ment 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  promulgated
prior to October 1, 2015 to establish rates  for  ambulatory  behavioral
health  services,  as  are necessary to implement the provisions of this
section. Rates promulgated under this section shall be included  in  the
report required under section 45-c of part A of this chapter.

S. 2007--A                         30                         A. 3007--A

  2.  NOTWITHSTANDING  ANY  CONTRARY  PROVISION OF LAW, THE FEES PAID BY
MANAGED CARE ORGANIZATIONS LICENSED  UNDER  ARTICLE  44  OF  THE  PUBLIC
HEALTH  LAW  OR  UNDER  ARTICLE  43  OF  THE INSURANCE LAW, TO PROVIDERS
LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW OR  ARTICLE  31
OR  32  OF  THE  MENTAL  HYGIENE  LAW,  FOR AMBULATORY BEHAVIORAL HEALTH
SERVICES PROVIDED TO PATIENTS ENROLLED IN  THE  CHILD  HEALTH  INSURANCE
PROGRAM  PURSUANT TO TITLE ONE-A OF ARTICLE 25 OF THE PUBLIC HEALTH LAW,
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. THE COMMISSIONER OF  HEALTH  SHALL
CONSULT WITH THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
AND  THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH IN DETERMINING SUCH
SERVICES AND ESTABLISHING SUCH FEES. SUCH AMBULATORY  BEHAVIORAL  HEALTH
FEES  TO  PROVIDERS  AVAILABLE  UNDER THIS SECTION SHALL BE FOR ALL RATE
PERIODS ON AND AFTER THE EFFECTIVE DATE OF THIS CHAPTER THROUGH DECEMBER
31, 2016 FOR PATIENTS IN THE CITY OF NEW YORK, AND FOR ALL RATE  PERIODS
ON  AND  AFTER  THE EFFECTIVE DATE OF THIS CHAPTER THROUGH JUNE 30, 2017
FOR PATIENTS OUTSIDE THE CITY  OF  NEW  YORK,  PROVIDED,  HOWEVER,  THAT
MANAGED  CARE  ORGANIZATIONS AND PROVIDERS MAY NEGOTIATE DIFFERENT RATES
AND METHODS OF PAYMENT DURING SUCH PERIODS DESCRIBED ABOVE,  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.
  S  2.  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,  as amended by section 15 of part C of chapter 60 of
the laws of 2014, is amended to read as follows:
  Section 1. A. Notwithstanding  any  contrary  provision  of  law,  the
commissioners  of  mental  health  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  arti-
cle  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 providers licensed pursuant to article 28 of the
public health law, or pursuant to article 31 or article 32 of the mental
hygiene law 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 commissioners 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  [the]
SECTION  15  OF  PART C OF chapter 60 of the laws of 2014 [which amended

S. 2007--A                         31                         A. 3007--A

this section] through December 31, 2016 for patients in the city of  New
York,  for  all  rate  periods  on and after the effective date of [the]
SECTION 15 OF PART C OF chapter 60 of the laws of  2014  [which  amended
this section] through June 30, 2017 for patients outside the city of New
York,  and for all rate periods on and after the effective date of [the]
SECTION 15 OF PART C OF chapter 60 of the laws of  2014  [which  amended
this  section]  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, 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
commissioners  of  mental  health  and  alcoholism  and  substance abuse
services,  promulgate  regulations,  including   emergency   regulations
promulgated prior to October 1, 2013 that establish rates for behavioral
health  services,  as  are necessary to implement the provisions of this
section. Rates promulgated under this section shall be included  in  the
report  required  under section 45-c of part A of chapter 56 of the laws
of 2013.
  B. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW,  THE  FEES  PAID  BY
MANAGED  CARE  ORGANIZATIONS  LICENSED  UNDER  ARTICLE  44 OF THE PUBLIC
HEALTH LAW OR UNDER ARTICLE  43  OF  THE  INSURANCE  LAW,  TO  PROVIDERS
LICENSED  PURSUANT  TO ARTICLE 28 OF THE PUBLIC HEALTH LAW OR ARTICLE 31
OR 32 OF THE  MENTAL  HYGIENE  LAW,  FOR  AMBULATORY  BEHAVIORAL  HEALTH
SERVICES  PROVIDED  TO  PATIENTS  ENROLLED IN THE CHILD HEALTH INSURANCE
PROGRAM PURSUANT TO TITLE ONE-A OF ARTICLE 25 OF THE PUBLIC HEALTH  LAW,
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. THE COMMISSIONER OF HEALTH SHALL
CONSULT WITH THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
AND THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH IN DETERMINING  SUCH
SERVICES  AND  ESTABLISHING SUCH FEES. SUCH AMBULATORY BEHAVIORAL HEALTH
FEES TO PROVIDERS AVAILABLE UNDER THIS SECTION SHALL  BE  FOR  ALL  RATE
PERIODS ON AND AFTER THE EFFECTIVE DATE OF THIS CHAPTER THROUGH DECEMBER
31,  2016 FOR PATIENTS IN THE CITY OF NEW YORK, AND FOR ALL RATE PERIODS
ON AND AFTER THE EFFECTIVE DATE OF THIS CHAPTER THROUGH  JUNE  30,  2017
FOR  PATIENTS  OUTSIDE  THE  CITY  OF  NEW YORK, PROVIDED, HOWEVER, THAT
MANAGED CARE ORGANIZATIONS AND PROVIDERS MAY NEGOTIATE  DIFFERENT  RATES
AND  METHODS  OF PAYMENT DURING SUCH PERIODS DESCRIBED ABOVE, 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.
  S 3. 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  4. 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

S. 2007--A                         32                         A. 3007--A

or certification of rates of payment, are hereby suspended  and  without
force or effect for purposes of implementing the provisions of this act.
  S 5. 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 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 6. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2015. Provided,
however that:
  1.  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;
  2. 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;
  3. the commissioner of health and the superintendent of the department
of financial services and any appropriate council  may  take  any  steps
necessary to implement this act prior to its effective date;
  4. notwithstanding any inconsistent provision of the state administra-
tive  procedure  act  or any other provision of law, rule or regulation,
the commissioner of health and the superintendent of the  department  of
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;
  5. 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; and
  6.  the amendments to section 48-a of part A of chapter 56 of the laws
of 2013 made by section one of this act shall not affect the  repeal  of
such  section  and shall be deemed repealed therewith and the amendments
to section 1 of part H of chapter 111  of  the  laws  of  2010  made  by
section  two of this act shall not affect the expiration of such section
and shall be deemed to expire therewith.

                                 PART D

  Section 1. Section 11 of chapter 884 of the laws of 1990, amending the
public health law relating to authorizing  bad  debt  and  charity  care
allowances  for  certified home health agencies, as amended by section 3
of part B of chapter 56 of the laws of  2013,  is  amended  to  read  as
follows:
  S 11. This act shall take effect immediately and:
  (a) sections one and three shall expire on December 31, 1996,
  (b) [sections four through ten shall expire on June 30, 2015, and
  (c)]  provided  that  the  amendment  to  section 2807-b of the public
health law by section two of this act shall not affect the expiration of
such section 2807-b as otherwise provided by law and shall be deemed  to
expire therewith.

S. 2007--A                         33                         A. 3007--A

  S  2.  Subdivision 2 of section 246 of chapter 81 of the laws of 1995,
amending the public health  law  and  other  laws  relating  to  medical
reimbursement  and  welfare reform, as amended by section 4 of part B of
chapter 56 of the laws of 2013, is amended to read as follows:
  2.  Sections  five,  seven  through nine, twelve through fourteen, and
eighteen of this act shall be deemed to have  been  in  full  force  and
effect  on  and  after  April  1, 1995 through March 31, 1999 and on and
after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
through March 31, 2003 and on and after April 1, 2003 through March  31,
2006  and  on  and after April 1, 2006 through March 31, 2007 and on and
after April 1, 2007 through March 31, 2009 and on  and  after  April  1,
2009  through  March 31, 2011 and sections twelve, thirteen and fourteen
of this act shall be deemed to be in full force and effect on and  after
April 1, 2011 [through March 31, 2015];
  S  3.  Subparagraph  (vi) of paragraph (b) of subdivision 2 of section
2807-d of the public health law, as amended by section 5 of  part  B  of
chapter 56 of the laws of 2013, is amended to read as follows:
  (vi)  Notwithstanding  any contrary provision of this paragraph or any
other provision of law or regulation to the  contrary,  for  residential
health care facilities the assessment shall be six percent of each resi-
dential  health care facility's gross receipts received from all patient
care services and other operating income on a cash basis for the  period
April  first,  two thousand two through March thirty-first, two thousand
three for hospital  or  health-related  services,  including  adult  day
services;  provided,  however,  that residential health care facilities'
gross receipts attributable to payments received pursuant to title XVIII
of the federal social security act (medicare) shall be excluded from the
assessment; provided, however, that for all such gross receipts received
on or after April first, two thousand three through March  thirty-first,
two  thousand  five,  such assessment shall be five percent, and further
provided that for all such gross receipts received  on  or  after  April
first,  two thousand five through March thirty-first, two thousand nine,
and on or after April first, two thousand  nine  through  March  thirty-
first,  two  thousand  eleven  such assessment shall be six percent, and
further provided that for all such gross receipts received on  or  after
April  first,  two thousand eleven through March thirty-first, two thou-
sand thirteen such assessment shall be six percent, and further provided
that for all such gross receipts received on or after April  first,  two
thousand  thirteen through March thirty-first, two thousand fifteen such
assessment shall be six percent, AND FURTHER PROVIDED THAT FOR ALL  SUCH
GROSS  RECEIPTS  RECEIVED  ON OR AFTER APRIL FIRST, TWO THOUSAND FIFTEEN
SUCH ASSESSMENT SHALL BE SIX PERCENT.
  S 4. Section 88 of chapter 659 of the laws of 1997,  constituting  the
long  term  care  integration  and  finance  act  of 1997, as amended by
section 6 of part B of chapter 56 of the laws of  2013,  is  amended  to
read as follows:
  S  88. Notwithstanding any provision of law to the contrary, all oper-
ating demonstrations, as such term is defined in paragraph (c) of subdi-
vision 1 of section 4403-f of the public health law as added by  section
eighty-two  of this act, due to expire prior to January 1, 2001 shall be
deemed to [expire on December 31, 2015] REMAIN IN FULL FORCE AND  EFFECT
SUBSEQUENT TO SUCH DATE.
  S  5. Subdivision 1 of section 194 of chapter 474 of the laws of 1996,
amending the education law and other laws relating to rates for residen-
tial health care facilities, as amended by section 9 of part B of  chap-
ter 56 of the laws of 2013, is amended to read as follows:

S. 2007--A                         34                         A. 3007--A

  1.  Notwithstanding  any  inconsistent provision of law or regulation,
the trend factors used to project reimbursable operating  costs  to  the
rate  period  for  purposes  of determining rates of payment pursuant to
article 28 of the public health law for residential health care  facili-
ties for reimbursement of inpatient services provided to patients eligi-
ble  for payments made by state governmental agencies on and after April
1, 1996 through March 31, 1999 and for payments made on and  after  July
1,  1999  through  March 31, 2000 and on and after April 1, 2000 through
March 31, 2003 and on and after April 1, 2003 through March 31, 2007 and
on and after April 1, 2007 through March 31, 2009 and on and after April
1, 2009 through March 31, 2011 and on and after April  1,  2011  through
March  31,  2013 and on and after April 1, 2013 through March 31, 2015 ,
AND FOR EACH STATE FISCAL YEAR THEREAFTER shall reflect no trend  factor
projections  or  adjustments for the period April 1, 1996, through March
31, 1997.
  S 6. Subdivision 1 of section 89-a of part C of chapter 58 of the laws
of 2007, amending the social services law and  other  laws  relating  to
enacting  the major components of legislation necessary to implement the
health and mental hygiene budget for the 2007-2008 state fiscal year, as
amended by section 10 of part B of chapter 56 of the laws  of  2013,  is
amended to read as follows:
  1.  Notwithstanding  paragraph (c) of subdivision 10 of section 2807-c
of the public health law and section 21 of chapter  1  of  the  laws  of
1999,  as  amended, and any other inconsistent provision of law or regu-
lation to the contrary,  in  determining  rates  of  payments  by  state
governmental agencies effective for services provided beginning April 1,
2006,  [through  March  31, 2009, and on and after April 1, 2009 through
March 31, 2011, and on and after April 1, 2011 through March  31,  2013,
and on and after April 1, 2013 through March 31, 2015] for inpatient and
outpatient  services  provided  by  general  hospitals and for inpatient
services and outpatient adult day health care services provided by resi-
dential health care facilities pursuant to  article  28  of  the  public
health  law,  the  commissioner  of  health  shall  apply a trend factor
projection of two and twenty-five hundredths percent attributable to the
period January 1, 2006 through December 31, 2006, and on and after Janu-
ary 1, 2007, provided, however, that on  reconciliation  of  such  trend
factor for the period January 1, 2006 through December 31, 2006 pursuant
to  paragraph  (c)  of  subdivision  10  of section 2807-c of the public
health law, such trend factor shall be the final US Consumer Price Index
(CPI) for all urban consumers, as published  by  the  US  Department  of
Labor,  Bureau  of  Labor  Statistics  less  twenty-five hundredths of a
percentage point.
  S 7. Paragraph (f) of subdivision 1 of section 64 of chapter 81 of the
laws of 1995, amending the public health law and other laws relating  to
medical  reimbursement  and  welfare reform, as amended by section 11 of
part B of chapter 56 of the laws of 2013, is amended to read as follows:
  (f) Prior to February 1, 2001, February 1,  2002,  February  1,  2003,
February  1, 2004, February 1, 2005, February 1, 2006, February 1, 2007,
February 1, 2008, February 1, 2009, February 1, 2010, February 1,  2011,
February 1, 2012, February 1, 2013 [and], February 1, 2014 [and], Febru-
ary 1, 2015 AND PRIOR TO EACH FEBRUARY FIRST THEREAFTER the commissioner
of  health shall calculate the result of the statewide total of residen-
tial health care facility days of  care  provided  to  beneficiaries  of
title  XVIII  of  the federal social security act (medicare), divided by
the sum of such days of care plus days of  care  provided  to  residents
eligible  for  payments  pursuant to title 11 of article 5 of the social

S. 2007--A                         35                         A. 3007--A

services law minus the number of days provided  to  residents  receiving
hospice care, expressed as a percentage, for the period commencing Janu-
ary  1,  through  November  30, of the prior year respectively, based on
such  data  for  such period. This value shall be called the 2000, 2001,
2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012,  2013,
2014  [and],  2015 AND FOR EACH SUBSEQUENT YEAR SUCH PERCENTAGE SHALL BE
CALLED THE statewide target percentage [respectively] OF THE  RESPECTIVE
YEAR.
  S 8. Subparagraph (ii) of paragraph (b) of subdivision 3 of section 64
of  chapter  81  of the laws of 1995, amending the public health law and
other laws relating to medical  reimbursement  and  welfare  reform,  as
amended  by  section  12 of part B of chapter 56 of the laws of 2013, is
amended to read as follows:
  (ii) If the 1997, 1998, 2000, 2001,  2002,  2003,  2004,  2005,  2006,
2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 [and], 2015 OR SUBSEQUENT
YEARS' statewide target percentages are not for each year at least three
percentage points higher than the statewide base percentage, the commis-
sioner  of  health shall determine the percentage by which the statewide
target percentage for each year is not at least three percentage  points
higher  than  the  statewide  base percentage. The percentage calculated
pursuant to this paragraph shall be called the 1997, 1998,  2000,  2001,
2002,  2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013,
2014 [and], 2015 AND FOR EACH SUBSEQUENT YEAR SUCH PERCENTAGE  SHALL  BE
CALLED  THE statewide reduction percentage [respectively] OF THE RESPEC-
TIVE YEAR.  If the 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, 2009, 2010, 2011, 2012, 2013[;], 2014 [and], 2015 OR  SUBSE-
QUENT  YEARS'  statewide target percentage for the respective year is at
least three percentage points higher than the statewide base percentage,
the statewide reduction percentage for  the  respective  year  shall  be
zero.
  S  9.  Subparagraph (iii) of paragraph (b) of subdivision 4 of section
64 of chapter 81 of the laws of 1995, amending the public health law and
other laws relating to medical  reimbursement  and  welfare  reform,  as
amended  by  section  13 of part B of chapter 56 of the laws of 2013, is
amended to read as follows:
  (iii) The 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,  2008,
2009,  2010,  2011,  2012,  2013,  2014 [and], 2015 OR SUBSEQUENT YEARS'
statewide reduction percentage shall be multiplied by  one  hundred  two
million  dollars  respectively  to determine the 1998, 2000, 2001, 2002,
2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012,  2013,  2014
[and],   2015   OR  RESPECTIVE  SUBSEQUENT  YEARS'  statewide  aggregate
reduction amount. If the 1998 and the  2000,  2001,  2002,  2003,  2004,
2005,  2006,  2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 [and], 2015
OR RESPECTIVE SUBSEQUENT YEARS' statewide reduction percentage shall  be
zero respectively, there shall be no 1998, 2000, 2001, 2002, 2003, 2004,
2005,  2006,  2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 [and], 2015
OR RESPECTIVE SUBSEQUENT YEARS' reduction amount.
  S 10. Section 228 of chapter 474 of the laws  of  1996,  amending  the
education  law  and  other laws relating to rates for residential health
care facilities, as amended by section 14-a of part B of chapter  56  of
the laws of 2013, is amended to read as follows:
  S  228.  1.  Definitions.  (a)  Regions, for purposes of this section,
shall mean a downstate region to consist of Kings, New  York,  Richmond,
Queens,  Bronx,  Nassau  and  Suffolk  counties and an upstate region to
consist of all other New York state counties. A  certified  home  health
agency  or  long  term  home health care program shall be located in the

S. 2007--A                         36                         A. 3007--A

same county utilized by the commissioner of health for the establishment
of rates pursuant to article 36 of the public health law.
  (b)  Certified  home  health  agency  (CHHA)  shall  mean such term as
defined in section 3602 of the public health law.
  (c) Long term home health care program (LTHHCP) shall mean  such  term
as defined in subdivision 8 of section 3602 of the public health law.
  (d) Regional group shall mean all those CHHAs and LTHHCPs, respective-
ly, located within a region.
  (e)  Medicaid  revenue percentage, for purposes of this section, shall
mean CHHA and LTHHCP  revenues  attributable  to  services  provided  to
persons  eligible  for payments pursuant to title 11 of article 5 of the
social services law divided by such revenues plus CHHA and LTHHCP reven-
ues attributable to services provided to beneficiaries of Title XVIII of
the federal social security act (medicare).
  (f) Base period, for purposes of this  section,  shall  mean  calendar
year 1995.
  (g) Target period. For purposes of this section, the 1996 target peri-
od  shall  mean  August  1, 1996 through March 31, 1997, the 1997 target
period shall mean January 1, 1997 through November 30,  1997,  the  1998
target  period shall mean January 1, 1998 through November 30, 1998, the
1999 target period shall mean January 1, 1999 through November 30, 1999,
the 2000 target period shall mean January 1, 2000 through  November  30,
2000, the 2001 target period shall mean January 1, 2001 through November
30,  2001,  the  2002  target  period shall mean January 1, 2002 through
November 30, 2002, the 2003 target period shall  mean  January  1,  2003
through  November 30, 2003, the 2004 target period shall mean January 1,
2004 through November 30, 2004, and the 2005 target  period  shall  mean
January  1, 2005 through November 30, 2005, the 2006 target period shall
mean January 1, 2006 through November 30,  2006,  and  the  2007  target
period shall mean January 1, 2007 through November 30, 2007 and the 2008
target  period shall mean January 1, 2008 through November 30, 2008, and
the 2009 target period shall mean January 1, 2009 through  November  30,
2009  and  the  2010  target  period  shall mean January 1, 2010 through
November 30, 2010 and the 2011 target period shall mean January 1,  2011
through  November 30, 2011 and the 2012 target period shall mean January
1, 2012 through November 30, 2012 and the 2013 target period shall  mean
January  1,  2013  through November 30, 2013, and the 2014 target period
shall mean January 1, 2014 through November 30, 2014 and the 2015 target
period shall mean January 1, 2015 through November  30,  2015  AND  EACH
JANUARY  1  THROUGH EACH NOVEMBER 30 OF A CALENDAR YEAR THEREAFTER SHALL
MEAN SUCH YEARS' RESPECTIVE TARGET PERIOD.
  2. (a) Prior to February 1, 1997, for each regional group the  commis-
sioner  of  health shall calculate the 1996 medicaid revenue percentages
for the period commencing August 1, 1996 to the last date for which such
data is available and reasonably accurate.
  (b) Prior to February 1, 1998, prior to February  1,  1999,  prior  to
February  1, 2000, prior to February 1, 2001, prior to February 1, 2002,
prior to February 1, 2003, prior to February 1, 2004, prior to  February
1,  2005, prior to February 1, 2006, prior to February 1, 2007, prior to
February 1, 2008, prior to February 1, 2009, prior to February 1,  2010,
prior  to February 1, 2011, prior to February 1, 2012, prior to February
1, 2013, prior to February 1, 2014 and prior to February  1,  2015,  AND
PRIOR  TO  FEBRUARY  FIRST EACH YEAR THEREAFTER, for each regional group
the commissioner of health shall calculate  the  prior  year's  medicaid
revenue percentages for the period commencing January 1 through November
30 of such prior year.

S. 2007--A                         37                         A. 3007--A

  3.  By September 15, 1996, for each regional group the commissioner of
health shall calculate the base period medicaid revenue percentage.
  4.  (a)  For  each  regional  group,  the 1996 target medicaid revenue
percentage shall be calculated by subtracting the 1996 medicaid  revenue
reduction percentages from the base period medicaid revenue percentages.
The  1996  medicaid  revenue  reduction  percentage, taking into account
regional and program differences in utilization of medicaid and medicare
services, for the following regional groups shall be equal to:
  (i) one and one-tenth percentage points for CHHAs located  within  the
downstate region;
  (ii)  six-tenths  of one percentage point for CHHAs located within the
upstate region;
  (iii) one and eight-tenths percentage points for LTHHCPs located with-
in the downstate region; and
  (iv) one and seven-tenths percentage points for LTHHCPs located within
the upstate region.
  (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004,  2005,  2006,  2007,
2008,  2009,  2010,  2011,  2012,  2013, 2014 [and], 2015, AND EACH YEAR
THEREAFTER,  for  each  regional  group,  the  target  medicaid  revenue
percentage  for  the  respective year shall be calculated by subtracting
the respective year's medicaid revenue  reduction  percentage  from  the
base  period medicaid revenue percentage. The medicaid revenue reduction
percentages for 1997, 1998, 2000, 2001, 2002, 2003,  2004,  2005,  2006,
2007,  2008,  2009,  2010,  2011, 2012, 2013, 2014 [and], 2015, AND EACH
YEAR THEREAFTER, taking into account regional and program differences in
utilization  of  medicaid  and  medicare  services,  for  the  following
regional groups shall be equal to for each such year:
  (i)  one  and one-tenth percentage points for CHHAs located within the
downstate region;
  (ii) six-tenths of one percentage point for CHHAs located  within  the
upstate region;
  (iii) one and eight-tenths percentage points for LTHHCPs located with-
in the downstate region; and
  (iv) one and seven-tenths percentage points for LTHHCPs located within
the upstate region.
  (c) For each regional group, the 1999 target medicaid revenue percent-
age  shall  be  calculated  by  subtracting  the  1999  medicaid revenue
reduction percentage from the base period medicaid  revenue  percentage.
The  1999  medicaid  revenue  reduction percentages, taking into account
regional and program differences in utilization of medicaid and medicare
services, for the following regional groups shall be equal to:
  (i) eight hundred twenty-five thousandths  (.825)  of  one  percentage
point for CHHAs located within the downstate region;
  (ii)  forty-five  hundredths  (.45)  of one percentage point for CHHAs
located within the upstate region;
  (iii) one and thirty-five  hundredths  percentage  points  (1.35)  for
LTHHCPs located within the downstate region; and
  (iv)  one  and  two hundred seventy-five thousandths percentage points
(1.275) for LTHHCPs located within the upstate region.
  5. (a) For each regional group, if the 1996 medicaid revenue  percent-
age  is  not  equal  to  or  less  than the 1996 target medicaid revenue
percentage, the commissioner of health shall compare the  1996  medicaid
revenue  percentage  to  the  1996 target medicaid revenue percentage to
determine the amount of the shortfall which, when divided  by  the  1996
medicaid   revenue  reduction  percentage,  shall  be  called  the  1996
reduction factor. These amounts, expressed as a  percentage,  shall  not

S. 2007--A                         38                         A. 3007--A

exceed  one  hundred percent. If the 1996 medicaid revenue percentage is
equal to or less than the 1996 target medicaid revenue  percentage,  the
1996 reduction factor shall be zero.
  (b)  For  1997,  1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 [and], 2015, AND FOR EACH
YEAR THEREAFTER, for  each  regional  group,  if  the  medicaid  revenue
percentage  for  the  respective  year  is not equal to or less than the
target medicaid revenue percentage for such respective year, the commis-
sioner of health shall compare such respective year's  medicaid  revenue
percentage  to such respective year's target medicaid revenue percentage
to determine the amount of the shortfall  which,  when  divided  by  the
respective year's medicaid revenue reduction percentage, shall be called
the  reduction factor for such respective year. These amounts, expressed
as a percentage, shall not exceed one hundred percent. If  the  medicaid
revenue  percentage  for  a particular year is equal to or less than the
target medicaid revenue percentage for that year, the  reduction  factor
for that year shall be zero.
  6.  (a)  For  each  regional group, the 1996 reduction factor shall be
multiplied by the following amounts to determine each  regional  group's
applicable 1996 state share reduction amount:
  (i) two million three hundred ninety thousand dollars ($2,390,000) for
CHHAs located within the downstate region;
  (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
within the upstate region;
  (iii)  one  million  two hundred seventy thousand dollars ($1,270,000)
for LTHHCPs located within the downstate region; and
  (iv) five hundred  ninety  thousand  dollars  ($590,000)  for  LTHHCPs
located within the upstate region.
  For  each regional group reduction, if the 1996 reduction factor shall
be zero, there shall be no 1996 state share reduction amount.
  (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004,  2005,  2006,  2007,
2008,  2009, 2010, 2011, 2012, 2013, 2014 [and], 2015, AND FOR EACH YEAR
THEREAFTER, for each  regional  group,  the  reduction  factor  for  the
respective  year  shall be multiplied by the following amounts to deter-
mine each regional group's applicable state share reduction  amount  for
such respective year:
  (i) two million three hundred ninety thousand dollars ($2,390,000) for
CHHAs located within the downstate region;
  (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
within the upstate region;
  (iii)  one  million  two hundred seventy thousand dollars ($1,270,000)
for LTHHCPs located within the downstate region; and
  (iv) five hundred  ninety  thousand  dollars  ($590,000)  for  LTHHCPs
located within the upstate region.
  For  each  regional  group  reduction,  if  the reduction factor for a
particular year shall be zero, there shall be no state  share  reduction
amount for such year.
  (c) For each regional group, the 1999 reduction factor shall be multi-
plied by the following amounts to determine each regional group's appli-
cable 1999 state share reduction amount:
  (i) one million seven hundred ninety-two thousand five hundred dollars
($1,792,500) for CHHAs located within the downstate region;
  (ii)  five  hundred sixty-two thousand five hundred dollars ($562,500)
for CHHAs located within the upstate region;
  (iii) nine hundred fifty-two thousand five hundred dollars  ($952,500)
for LTHHCPs located within the downstate region; and

S. 2007--A                         39                         A. 3007--A

  (iv)  four  hundred forty-two thousand five hundred dollars ($442,500)
for LTHHCPs located within the upstate region.
  For  each regional group reduction, if the 1999 reduction factor shall
be zero, there shall be no 1999 state share reduction amount.
  7. (a) For each regional group, the 1996 state share reduction  amount
shall be allocated by the commissioner of health among CHHAs and LTHHCPs
on  the  basis  of  the  extent  of  each CHHA's and LTHHCP's failure to
achieve the 1996 target medicaid revenue  percentage,  calculated  on  a
provider  specific  basis utilizing revenues for this purpose, expressed
as a proportion of the total of each  CHHA's  and  LTHHCP's  failure  to
achieve  the 1996 target medicaid revenue percentage within the applica-
ble regional group. This proportion shall be multiplied by the  applica-
ble  1996 state share reduction amount calculation pursuant to paragraph
(a) of subdivision 6 of this section. This amount shall  be  called  the
1996 provider specific state share reduction amount.
  (b)  For  1997,  1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 [and], 2015, AND FOR EACH
YEAR THEREAFTER, for each regional  group,  the  state  share  reduction
amount for the respective year shall be allocated by the commissioner of
health among CHHAs and LTHHCPs on the basis of the extent of each CHHA's
and  LTHHCP's  failure to achieve the target medicaid revenue percentage
for the applicable year, calculated on a provider specific basis utiliz-
ing revenues for this purpose, expressed as a proportion of the total of
each CHHA's and LTHHCP's failure to achieve the target medicaid  revenue
percentage for the applicable year within the applicable regional group.
This proportion shall be multiplied by the applicable year's state share
reduction  amount calculation pursuant to paragraph (b) or (c) of subdi-
vision 6 of this section. This  amount  shall  be  called  the  provider
specific state share reduction amount for the applicable year.
  8.  (a)  The 1996 provider specific state share reduction amount shall
be due to the state from each CHHA and LTHHCP and may be recouped by the
state by March 31, 1997 in a lump sum amount or  amounts  from  payments
due  to  the  CHHA  and  LTHHCP pursuant to title 11 of article 5 of the
social services law.
  (b) The provider specific state share reduction amount for 1997, 1998,
1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,  2010,
2011,  2012,  2013,  2014  [and],  2015,  AND  FOR EACH YEAR THEREAFTER,
respectively, shall be due to the state from each CHHA  and  LTHHCP  and
each  year  the amount due for such year may be recouped by the state by
March 31 of the following year in a lump  sum  amount  or  amounts  from
payments due to the CHHA and LTHHCP pursuant to title 11 of article 5 of
the social services law.
  9.  CHHAs  and  LTHHCPs shall submit such data and information at such
times as the commissioner of health may require  for  purposes  of  this
section.  The  commissioner of health may use data available from third-
party payors.
  10. On or about June 1, 1997, for each regional group the commissioner
of health shall calculate for the period August 1,  1996  through  March
31,  1997  a  medicaid  revenue  percentage, a reduction factor, a state
share reduction amount, and a provider specific  state  share  reduction
amount  in  accordance with the methodology provided in paragraph (a) of
subdivision 2, paragraph (a) of subdivision 5, paragraph (a) of subdivi-
sion 6 and paragraph (a) of subdivision 7 of this section. The  provider
specific state share reduction amount calculated in accordance with this
subdivision  shall be compared to the 1996 provider specific state share
reduction amount calculated in accordance with paragraph (a) of subdivi-

S. 2007--A                         40                         A. 3007--A

sion 7 of this section. Any amount in excess of the amount determined in
accordance with paragraph (a) of subdivision 7 of this section shall  be
due  to  the  state  from  each  CHHA  and LTHHCP and may be recouped in
accordance  with  paragraph (a) of subdivision 8 of this section. If the
amount is less than the amount determined in accordance  with  paragraph
(a)  of  subdivision 7 of this section, the difference shall be refunded
to the CHHA and LTHHCP by the state no later than July 15,  1997.  CHHAs
and  LTHHCPs  shall  submit  data  for the period August 1, 1996 through
March 31, 1997 to the commissioner of health by April 15, 1997.
  11. If a CHHA or LTHHCP  fails  to  submit  data  and  information  as
required for purposes of this section:
  (a) such CHHA or LTHHCP shall be presumed to have no decrease in medi-
caid  revenue  percentage  between  the  applicable  base period and the
applicable target period for purposes of the  calculations  pursuant  to
this section; and
  (b)  the  commissioner of health shall reduce the current rate paid to
such CHHA and such LTHHCP by state  governmental  agencies  pursuant  to
article  36  of the public health law by one percent for a period begin-
ning on the first day of the calendar month following the applicable due
date as established by the commissioner of health and  continuing  until
the last day of the calendar month in which the required data and infor-
mation are submitted.
  12. The commissioner of health shall inform in writing the director of
the  budget  and the chair of the senate finance committee and the chair
of the assembly ways and means committee of the results  of  the  calcu-
lations pursuant to this section.
  S  11.  Subdivision  5-a  of  section 246 of chapter 81 of the laws of
1995, amending the public health law and other laws relating to  medical
reimbursement  and welfare reform, as amended by section 15 of part B of
chapter 56 of the laws of 2013, is amended to read as follows:
  5-a. Section sixty-four-a of this act shall be deemed to have been  in
full force and effect on and after April 1, 1995 [through March 31, 1999
and  on  and  after July 1, 1999 through March 31, 2000 and on and after
April 1, 2000 through March 31, 2003 and on  and  after  April  1,  2003
through March 31, 2007, and on and after April 1, 2007 through March 31,
2009,  and on and after April 1, 2009 through March 31, 2011, and on and
after April 1, 2011 through March 31, 2013, and on and  after  April  1,
2013 through March 31, 2015];
  S  12.  Section  64-b  of chapter 81 of the laws of 1995, amending the
public health law and other laws relating to medical  reimbursement  and
welfare  reform, as amended by section 16 of part B of chapter 56 of the
laws of 2013, is amended to read as follows:
  S  64-b.  Notwithstanding  any  inconsistent  provision  of  law,  the
provisions of subdivision 7 of section 3614 of the public health law, as
amended,  shall  remain and be in full force and effect on April 1, 1995
through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
and after April 1, 2000 through March 31, 2003 and on and after April 1,
2003 through March 31, 2007, and on and  after  April  1,  2007  through
March  31,  2009, and on and after April 1, 2009 through March 31, 2011,
and on and after April 1, 2011 through March 31, 2013, and on and  after
April 1, 2013 through March 31, 2015, AND FOR EACH YEAR THEREAFTER.
  S  13. Subdivision 1 of section 20 of chapter 451 of the laws of 2007,
amending the public health law, the social services law and  the  insur-
ance   law,   relating  to  providing  enhanced  consumer  and  provider
protections, as amended by section 17 of part B of  chapter  56  of  the
laws of 2013, is amended to read as follows:

S. 2007--A                         41                         A. 3007--A

  1.  sections  four, eleven and thirteen  of this act shall take effect
immediately [and shall expire and be deemed repealed June 30, 2015];
  S  14. The opening paragraph of subdivision 7-a of section 3614 of the
public health law, as amended by section 18 of part B of chapter  56  of
the laws of 2013, is amended to read as follows:
  Notwithstanding  any  inconsistent provision of law or regulation, for
the purposes of establishing rates of payment by  governmental  agencies
for  long term home health care programs for the period April first, two
thousand five, through December thirty-first, two thousand five, and for
the period January first, two thousand six through  March  thirty-first,
two  thousand  seven,  and  on and after April first, two thousand seven
through March thirty-first, two thousand nine, and on  and  after  April
first,  two thousand nine through March thirty-first, two thousand elev-
en, and on and after April first,  two  thousand  eleven  through  March
thirty-first,  two  thousand  thirteen and on and after April first, two
thousand thirteen through March thirty-first, two thousand fifteen,  AND
FOR  EACH YEAR THEREAFTER, the reimbursable base year administrative and
general costs of a provider of services shall not exceed  the  statewide
average of total reimbursable base year administrative and general costs
of such providers of services.
  S 15. Subdivision 12 of section 246 of chapter 81 of the laws of 1995,
amending  the  public  health  law  and  other  laws relating to medical
reimbursement and welfare reform, as amended by section 21 of part B  of
chapter 56 of the laws of 2013, is amended to read as follows:
  12. Sections one hundred five-b through one hundred five-f of this act
shall expire March 31, [2015] 2017.
  S  16.  Section 3 of chapter 303 of the laws of 1999, amending the New
York state medical  care  facilities  finance  agency  act  relating  to
financing health facilities, as amended by section 30 of part A of chap-
ter 59 of the laws of 2011, is amended to read as follows:
  S  3. This act shall take effect immediately[, provided, however, that
subdivision 15-a of section 5 of section 1 of chapter 392 of the laws of
1973, as added by section one of this act, shall expire  and  be  deemed
repealed  June 30, 2015; and provided further, however, that the expira-
tion and repeal of such subdivision 15-a shall not affect or  impair  in
any  manner any health facilities bonds issued, or any lease or purchase
of a health facility executed, pursuant to such subdivision  15-a  prior
to  its  expiration  and repeal and that, with respect to any such bonds
issued and outstanding as of June  30,  2015,  the  provisions  of  such
subdivision  15-a  as  they existed immediately prior to such expiration
and repeal shall continue to apply through the latest maturity  date  of
any  such bonds, or their earlier retirement or redemption, for the sole
purpose of authorizing the issuance of refunding bonds to  refund  bonds
previously issued pursuant thereto].
  S  17.  Subdivision  (c)  of  section 62 of chapter 165 of the laws of
1991, amending the public health law and other laws relating  to  estab-
lishing  payments  for  medical  assistance, as amended by section 26 of
part D of chapter 59 of the laws of 2011, is amended to read as follows:
  (c) [section 364-j of the social services law, as amended  by  section
eight  of  this  act  and  subdivision  6 of section 367-a of the social
services law as added by section twelve of this act shall expire and  be
deemed  repealed  on  March  31,  2015 and] provided [further], that the
amendments to the provisions of section 364-j of the social services law
made by section eight of this act  shall  only  apply  to  managed  care
programs approved on or after the effective date of this act;

S. 2007--A                         42                         A. 3007--A

  S  18.  Subdivision 3 of section 1680-j of the public authorities law,
as amended by section 9 of part C of chapter 59 of the laws of 2011,  is
amended to read as follows:
  3.  Notwithstanding  any  law  to the contrary, and in accordance with
section four of the state finance law, the comptroller is hereby author-
ized and directed to transfer from the health  care  reform  act  (HCRA)
resources fund (061) to the general fund, upon the request of the direc-
tor of the budget, up to $6,500,000 on or before March 31, 2006, and the
comptroller  is  further hereby authorized and directed to transfer from
the healthcare reform act (HCRA); Resources fund (061)  to  the  Capital
Projects  Fund,  upon  the  request  of  the  director  of budget, up to
$139,000,000 for the period April 1, 2006 through March 31, 2007, up  to
$171,100,000  for the period April 1, 2007 through March 31, 2008, up to
$208,100,000 for the period April 1, 2008 through March 31, 2009, up  to
$151,600,000  for the period April 1, 2009 through March 31, 2010, up to
$215,743,000 for the period April 1, 2010 through March 31, 2011, up  to
$433,366,000  for the period April 1, 2011 through March 31, 2012, up to
$150,806,000 for the period April 1, 2012 through March 31, 2013, up  to
$78,071,000  for the period April 1, 2013 through March 31, 2014, and up
to $86,005,000 for the period April 1, 2014 through March 31, 2015,  AND
UP  TO  $86,005,000  FOR  THE  PERIOD APRIL 1, 2015 THROUGH DECEMBER 31,
2017.
  S 19. Subdivision (i) of section 111 of part H of chapter  59  of  the
laws  of  2011, relating to enacting into law major components of legis-
lation necessary to implement the health and mental hygiene  budget  for
the 2011-2012 state fiscal plan, is REPEALED.
  S  20.  Section  97  of  chapter 659 of the laws of 1997, amending the
public health law and other laws relating to creation of continuing care
retirement communities, as amended by section 65-b of part A of  chapter
57 of the laws of 2006, is amended to read as follows:
  S  97. This act shall take effect immediately, provided, however, that
the amendments to subdivision 4 of section 854 of the general  municipal
law  made by section seventy of this act shall not affect the expiration
of such subdivision and shall be deemed to expire therewith and provided
further that sections sixty-seven and  sixty-eight  of  this  act  shall
apply  to  taxable  years  beginning  on  or  after  January 1, 1998 and
[provided further that sections eighty-one through eighty-seven of  this
act  shall  expire  and  be  deemed  repealed  on December 31, 2015 and]
provided further, however, that the amendments to section ninety of this
act shall take effect January 1, 1998 and shall apply to  all  policies,
contracts,  certificates,  riders or other evidences of coverage of long
term care insurance issued, renewed, altered  or  modified  pursuant  to
section 3229 of the insurance law on or after such date.
  S  21.   Paragraph (b) of subdivision 17 of section 2808 of the public
health law, as amended by section 98 of part H of chapter 59 of the laws
of 2011, is amended to read as follows:
  (b) Notwithstanding any inconsistent provision of law or regulation to
the contrary, for the state fiscal [year] YEARS beginning  April  first,
two  thousand  ten and ending March thirty-first, two thousand [fifteen]
NINETEEN, the commissioner shall not be  required  to  revise  certified
rates  of  payment established pursuant to this article for rate periods
prior to April first, two thousand [fifteen] NINETEEN, based on  consid-
eration  of  rate appeals filed by residential health care facilities or
based upon adjustments to capital cost  reimbursement  as  a  result  of
approval  by  the  commissioner of an application for construction under
section twenty-eight hundred two of this article, in excess of an aggre-

S. 2007--A                         43                         A. 3007--A

gate annual amount of eighty million dollars for each such state  fiscal
year  provided,  however,  that for the period April first, two thousand
eleven through March thirty-first, two thousand  twelve  such  aggregate
annual  amount  shall  be  fifty million dollars. In revising such rates
within such fiscal limit, the commissioner shall, in  prioritizing  such
rate appeals, include consideration of which facilities the commissioner
determines  are  facing  significant  financial hardship as well as such
other considerations as the commissioner deems appropriate and, further,
the commissioner is authorized to enter into agreements with such facil-
ities or any other facility to resolve  multiple  pending  rate  appeals
based  upon a negotiated aggregate amount and may offset such negotiated
aggregate amounts against any  amounts  owed  by  the  facility  to  the
department,  including,  but  not  limited  to, amounts owed pursuant to
section twenty-eight hundred seven-d of this article; provided, however,
that the commissioner's authority to negotiate such agreements resolving
multiple pending rate appeals as hereinbefore described  shall  continue
on and after April first, two thousand [fifteen] NINETEEN.  Rate adjust-
ments  made  pursuant to this paragraph remain fully subject to approval
by the director of the budget  in  accordance  with  the  provisions  of
subdivision two of section twenty-eight hundred seven of this article.
  S  22.   Paragraph (a) of subdivision 13 of section 3614 of the public
health law, as added by section 4 of part H of chapter 59 of the laws of
2011, is amended to read as follows:
  (a) Notwithstanding any inconsistent provision of  law  or  regulation
and  subject  to  the  availability  of federal financial participation,
effective April first, two thousand twelve [through March  thirty-first,
two  thousand  fifteen],  payments  by  government agencies for services
provided by certified home health agencies,  except  for  such  services
provided  to  children  under  eighteen  years of age and other discreet
groups as may be determined by the commissioner pursuant to regulations,
shall be based on episodic payments. In establishing  such  payments,  a
statewide  base price shall be established for each sixty day episode of
care and adjusted by a regional wage  index  factor  and  an  individual
patient  case  mix index. Such episodic payments may be further adjusted
for low utilization cases and to reflect a percentage limitation of  the
cost  for  high-utilization cases that exceed outlier thresholds of such
payments.
  S 23.  Subdivision (a) of section 40 of part B of chapter 109  of  the
laws  of  2010, amending the social services law relating to transporta-
tion costs, is amended to read as follows:
  (a) sections two, three, three-a, three-b, three-c,  three-d,  three-e
and  twenty-one  of  this  act  shall take effect July 1, 2010; sections
fifteen, sixteen, seventeen, eighteen and nineteen  of  this  act  shall
take  effect  January 1, 2011; [and provided further that section twenty
of this act shall be deemed repealed  four  years  after  the  date  the
contract  entered  into pursuant to section 365-h of the social services
law, as amended by section twenty of this  act,  is  executed;  provided
that the commissioner of health shall notify the legislative bill draft-
ing  commission upon the execution of the contract entered into pursuant
to section 367-h of the social services law in order that the commission
may maintain an accurate and timely effective data base of the  official
text of the laws of the state of New York in furtherance of effectuating
the  provisions of section 44 of the legislative law and section 70-b of
the public officers law;]

S. 2007--A                         44                         A. 3007--A

  S 24.  Subdivision 4 of section 365-h of the social services  law,  as
added  by  section  20  of part B of chapter 109 of the laws of 2010, is
amended to read as follows:
  4.  The  commissioner of health is authorized to assume responsibility
from a local social services official for the provision  and  reimburse-
ment  of  transportation  costs  under this section. If the commissioner
elects to assume such responsibility, the commissioner shall notify  the
local  social  services official in writing as to the election, the date
upon which the election shall be effective and such  information  as  to
transition  of  responsibilities  as the commissioner deems prudent. The
commissioner is authorized to contract with a transportation manager  or
managers  to manage transportation services in any local social services
district. Any transportation manager or managers selected by the commis-
sioner to manage transportation services shall have proven experience in
coordinating transportation services in  a  geographic  and  demographic
area  similar  to the area in New York state within which the contractor
would manage the provision  of  services  under  this  section.  Such  a
contract  or  contracts may include responsibility for: review, approval
and processing of transportation orders; management of  the  appropriate
level  of  transportation  based on documented patient medical need; and
development of new  technologies  leading  to  efficient  transportation
services.  If the commissioner elects to assume such responsibility from
a local social services district, the commissioner shall examine and, if
appropriate, adopt quality assurance measures that may include, but  are
not  limited  to,  global positioning tracking system reporting require-
ments and service verification mechanisms.  Any  and  all  reimbursement
rates  developed by transportation managers under this subdivision shall
be subject to the review and approval  of  the  commissioner.  [Notwith-
standing  any  inconsistent provision 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 other law, the commis-
sioner is authorized to enter into a contract or  contracts  under  this
subdivision  without  a competitive bid or request for proposal process,
provided, however, that:
  (a) the department 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; and
  (c) 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 25. Section 5 of chapter 21 of the laws of 2011, amending the educa-
tion law relating to authorizing pharmacists  to  perform  collaborative
drug  therapy management with physicians in certain settings, as amended
by chapter 125 of the laws of 2014, is amended to read as follows:
  S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall  expire  [4]  7  years  after  such

S. 2007--A                         45                         A. 3007--A

effective  date  when upon such date the provisions of this act shall be
deemed repealed; provided, however, that the amendments to subdivision 1
of section 6801 of the education law made by section  one  of  this  act
shall  be  subject  to  the expiration and reversion of such subdivision
pursuant to section 8 of chapter 563 of the laws of 2008, when upon such
date the provisions of section one-a of  this  act  shall  take  effect;
provided,  further,  that effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date is authorized and directed to be  made
and completed on or before such effective date.
  S  26.  Section  2  of  chapter  459 of the laws of 1996, amending the
public health law relating to recertification of persons providing emer-
gency medical care, as amended by chapter 106 of the laws  of  2011,  is
amended to read as follows:
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed July 1, [2015] 2018.
  S 27. Section 4 of chapter 505 of  the  laws  of  1995,  amending  the
public  health  law  relating  to  the operation of department of health
facilities, as amended by section 29 of part A of chapter 59 of the laws
of 2011, is amended to read as follows:
  S 4. This act shall take effect immediately; provided,  however,  that
the provisions of paragraph (b) of subdivision 4 of section 409-c of the
public  health  law,  as  added by section three of this act, shall take
effect January 1, 1996 [and shall expire and be deemed  repealed  twenty
years from the effective date thereof].
  S  28.  Subdivision  (o) of section 111 of part H of chapter 59 of the
laws of 2011, amending the public health law relating to  the  statewide
health  information  network  of New York and the statewide planning and
research cooperative system and general powers and duties, is REPEALED.
  S 29. Section 4-a of part A of chapter 56  of  the  laws  of  2013  is
amended to read as follows:
  S  4-a.  Notwithstanding  paragraph  (c)  of subdivision 10 of section
2807-c of the public health law, section 21 of chapter 1 of the laws  of
1999,  or  any  other contrary provision of law, in determining rates of
payments by state governmental agencies effective for services  provided
on and after January 1, 2015 [through March 31, 2015,] for inpatient and
outpatient   services  provided  by  general  hospitals,  for  inpatient
services and adult day health care outpatient services provided by resi-
dential health care facilities pursuant to  article  28  of  the  public
health  law,  except  for residential health care facilities or units of
such facilities providing services primarily to children  under  twenty-
one  years  of  age,  for home health care services provided pursuant to
article 36 of the public health law by certified home  health  agencies,
long term home health care programs and AIDS home care programs, and for
personal  care services provided pursuant to section 365-a of the social
services law, the commissioner of health shall  apply  no  greater  than
zero  trend  factors [attributable to the 2015 calendar year] in accord-
ance with paragraph (c) of subdivision  10  of  section  2807-c  of  the
public  health  law,  provided,  however, that such no greater than zero
trend factors [attributable to such 2015 calendar year]  shall  also  be
applied  to  rates  of  payment  provided  on  and after January 1, 2015
[through March 31, 2015] for personal care services  provided  in  those
local social services districts, including New York city, whose rates of
payment  for such services are established by such local social services
districts pursuant to a rate-setting exemption issued by the commission-
er of health to such local social services districts in accordance  with

S. 2007--A                         46                         A. 3007--A

applicable regulations, and provided further, however, that for rates of
payment for assisted living program services provided on and after Janu-
ary  1,  2015 [through March 31, 2015,] such trend factors [attributable
to  the 2015 calendar year] shall be established at no greater than zero
percent.
  S 30. 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 31. 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  32. 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  33.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015  provided,
that:
  1.  section eighteen of this act shall take effect on the same date as
the reversion of subdivision 3 of section 1680-j of the public  authori-
ties  law  as  provided  in  subdivision (a) of section 70 of part HH of
chapter 57 of the laws of 2013, as amended;
  2. 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;
  3. 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;
  4. the commissioner of health and the superintendent of the department
of  financial  services  and  any appropriate council may take any steps
necessary to implement this act prior to its effective date;
  5. notwithstanding any inconsistent provision of the state administra-
tive procedure act or any other provision of law,  rule  or  regulation,
the  commissioner  of health and the superintendent of the department of
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
  6.  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 E

S. 2007--A                         47                         A. 3007--A

  Section 1.  Subdivision 5-d of section 2807-k  of  the  public  health
law,  as added by section 1 of part C of chapter 56 of the laws of 2013,
is amended to read as follows:
  5-d.  (a)  Notwithstanding any inconsistent provision of this section,
section twenty-eight hundred  seven-w  of  this  article  or  any  other
contrary  provision  of  law, and subject to the availability of federal
financial participation, for periods on and  after  January  first,  two
thousand thirteen, through December thirty-first, two thousand [fifteen]
EIGHTEEN, all funds available for distribution pursuant to this section,
except  for  funds distributed pursuant to subparagraph (v) of paragraph
(b) of subdivision five-b of this section, and all funds  available  for
distribution  pursuant  to  section twenty-eight hundred seven-w of this
article, shall be reserved and set aside and distributed  in  accordance
with the provisions of this subdivision.
  (b)  The commissioner shall promulgate regulations, and may promulgate
emergency regulations, establishing methodologies for  the  distribution
of  funds  as  described  in  paragraph (a) of this subdivision and such
regulations shall include, but not be limited to, the following:
  (i) Such regulations shall  establish  methodologies  for  determining
each  facility's  relative uncompensated care need amount based on unin-
sured inpatient and outpatient units of service from the cost  reporting
year  two years prior to the distribution year, multiplied by the appli-
cable medicaid rates in effect January first of the  distribution  year,
as summed and adjusted by a statewide cost adjustment factor and reduced
by  the  sum  of  all  payment  amounts  collected  from  such uninsured
patients, and as further adjusted  by  application  of  a  nominal  need
computation  that shall take into account each facility's medicaid inpa-
tient share.
  (ii) Annual distributions pursuant to such  regulations  for  the  two
thousand thirteen through two thousand [fifteen] EIGHTEEN calendar years
shall be in accord with the following:
  (A)  one  hundred  thirty-nine  million  four hundred thousand dollars
shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
payments to major public general hospitals; and
  (B) nine hundred ninety-four million nine hundred thousand dollars  as
Medicaid  DSH  payments  to eligible general hospitals, other than major
public general hospitals.
  (iii)(A) Such regulations shall establish  transition  adjustments  to
the  distributions  made pursuant to clauses (A) and (B) of subparagraph
(ii) of this paragraph such that no facility experiences a reduction  in
indigent care pool payments pursuant to this subdivision that is greater
than the percentages, as specified in clause (C) of this subparagraph as
compared  to  the  average distribution that each such facility received
for the three calendar years prior to two thousand thirteen pursuant  to
this section and section twenty-eight hundred seven-w of this article.
  (B)  Such  regulations  shall  also establish adjustments limiting the
increases in indigent  care  pool  payments  experienced  by  facilities
pursuant to this subdivision by an amount that will be, as determined by
the  commissioner  and  in conjunction with such other funding as may be
available for this purpose, sufficient to ensure full  funding  for  the
transition adjustment payments authorized by clause (A) of this subpara-
graph.
  (C)  No  facility  shall  experience a reduction in indigent care pool
payments pursuant to this subdivision that: for the calendar year begin-
ning January first, two thousand thirteen, is greater than two and  one-
half  percent;  for the calendar year beginning January first, two thou-

S. 2007--A                         48                         A. 3007--A

sand fourteen, is greater than five percent; and, for the calendar  year
beginning  on January first, two thousand fifteen, is greater than seven
and one-half percent, AND FOR THE CALENDAR  YEAR  BEGINNING  ON  JANUARY
FIRST,  TWO  THOUSAND  SIXTEEN, IS GREATER THAN TEN PERCENT; AND FOR THE
CALENDAR YEAR BEGINNING ON JANUARY FIRST,  TWO  THOUSAND  SEVENTEEN,  IS
GREATER  THAN  TWELVE  AND  ONE-HALF  PERCENT; AND FOR THE CALENDAR YEAR
BEGINNING ON JANUARY FIRST,  TWO  THOUSAND  EIGHTEEN,  IS  GREATER  THAN
FIFTEEN PERCENT.
  (D)  NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, IN
THE EVENT THE AGGREGATE LEVEL OF MEDICAID DSH PAYMENTS IS REDUCED DURING
THE PERIODS DESCRIBED IN CLAUSE (C) OF THIS  SUBPARAGRAPH,  THE  COMMIS-
SIONER  MAY  ADJUST, BY REGULATION: THE AGGREGATE LEVEL OF PAYMENTS MADE
PURSUANT TO CLAUSES (A) AND (B) OF SUBPARAGRAPH (II) OF PARAGRAPH (B) OF
THIS SUBDIVISION, THE PERCENTAGE OF REDUCTIONS IN PAYMENTS  REQUIRED  BY
CLAUSE  (C)  OF THIS SUBPARAGRAPH, AND THE METHODOLOGY BY WHICH SUCH DSH
PAYMENTS ARE DISTRIBUTED. SUCH ADJUSTMENTS  SHALL  TAKE  EFFECT  AT  THE
BEGINNING  OF  THE  CALENDAR  YEAR  FOLLOWING  THE  YEAR  IN  WHICH SUCH
REDUCTIONS IN MEDICAID DSH PAYMENTS TAKE EFFECT AND  PROVIDED,  FURTHER,
ANY  SUCH REGULATIONS UNDER THIS SECTION MAY APPLY RETROACTIVELY TO SUCH
DATE.
  (iv) Such regulations shall reserve one percent of the funds available
for distribution in the two thousand fourteen and two  thousand  fifteen
calendar  years,  AND  FOR  CALENDAR  YEARS THEREAFTER, pursuant to this
subdivision, subdivision  fourteen-f  of  section  twenty-eight  hundred
seven-c of this article, and sections two hundred eleven and two hundred
twelve  of  chapter  four  hundred  seventy-four of the laws of nineteen
hundred ninety-six, in a  "financial  assistance  compliance  pool"  and
shall establish methodologies for the distribution of such pool funds to
facilities  based  on  their  level  of compliance, as determined by the
commissioner, with the provisions of subdivision nine-a of this section.
  (c) The commissioner shall annually report to  the  governor  and  the
legislature  on the distribution of funds under this subdivision includ-
ing, but not limited to:
  (i) the impact on safety net providers, including community providers,
rural general hospitals and major public general hospitals;
  (ii) the provision of indigent care by units  of  services  and  funds
distributed by general hospitals; and
  (iii) the extent to which access to care has been enhanced.
  S  2.  Subdivision  17  of section 2807-k of the public health law, as
added by section 3-b of part B of chapter 109 of the laws  of  2010,  is
amended to read as follows:
  17. Indigent care reductions. (A) For each hospital receiving payments
pursuant  to paragraph (i) of subdivision thirty-five of section twenty-
eight hundred seven-c of this article, the commissioner shall reduce the
sum of any amounts paid pursuant to this section and pursuant to section
twenty-eight hundred seven-w of  this  article,  as  computed  based  on
projected facility specific disproportionate share hospital ceilings, by
an  amount  equal  to  the  lower  of  such  sum or each such hospital's
payments pursuant to paragraph (i) of subdivision thirty-five of section
twenty-eight hundred seven-c of this article,  provided,  however,  that
any  additional aggregate reductions enacted in a chapter of the laws of
two thousand ten to the  aggregate  amounts  payable  pursuant  to  this
section  and  pursuant  to  section twenty-eight hundred seven-w of this
article  shall  be  applied  subsequent  to  the  adjustments  otherwise
provided for in this subdivision.

S. 2007--A                         49                         A. 3007--A

  (B)  FOR ANY REDUCTIONS IN PAYMENTS UNDER PARAGRAPH (I) OF SUBDIVISION
THIRTY-FIVE OF SECTION TWENTY-EIGHT  HUNDRED  SEVEN-C  OF  THIS  ARTICLE
RESULTING  FROM  AGGREGATE UPPER PAYMENT LIMIT CALCULATIONS, THE COMMIS-
SIONER MAY REDUCE OR REDISTRIBUTE PAYMENTS UNDER THIS SECTION OR SECTION
TWENTY-EIGHT  HUNDRED  SEVEN-W  OF THIS ARTICLE IN A MANNER TO BE DETER-
MINED IN HIS OR HER DISCRETION.
  S 3. 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  4. 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 5. 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 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 6. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2015; 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 rights, 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;
  d. notwithstanding any inconsistent provision of the state administra-
tive 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; and
  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.

                                 PART F

  Section 1. The public health law is amended by adding  a  new  section
4415 to read as follows:

S. 2007--A                         50                         A. 3007--A

  S  4415.  VALUE  BASED  PAYMENTS.  1.    NOTWITHSTANDING  ANY CONTRARY
PROVISION OF LAW IN THIS ARTICLE OR SECTION THREE  HUNDRED  SIXTY-FOUR-J
OF  THE SOCIAL SERVICES LAW, THE COMMISSIONER MAY AUTHORIZE MANAGED CARE
ORGANIZATIONS LICENSED UNDER THIS ARTICLE TO CONTRACT  FOR  VALUE  BASED
PAYMENTS  AND FURTHER, MAY AUTHORIZE THE DEPARTMENT TO UTILIZE METHODOL-
OGIES OF REIMBURSEMENT THAT ARE VALUE BASED.
  2. NOTHING IN SUBDIVISION ONE OF THIS SECTION SHALL LIMIT THE AUTHORI-
TY OF THE COMMISSIONER TO AUTHORIZE VALUE BASED PAYMENTS FOR  PERFORMING
PROVIDER  SYSTEMS  PARTICIPATING IN THE DELIVERY SYSTEM REFORM INCENTIVE
PROGRAM ("DSRIP"), OR TO AUTHORIZE VALUE BASED  PAYMENTS  FOR  ANY  SUCH
SUBSET OF PROVIDERS.
  3.  FOR THE PURPOSES OF THIS SECTION AND NOTWITHSTANDING ANY PROVISION
OF LAW TO THE CONTRARY, A PERFORMING PROVIDER  SYSTEM  PARTICIPATING  IN
DSRIP,  OR  ANY  SUCH  SUBSET  OF PROVIDERS, IS AUTHORIZED TO ARRANGE BY
CONTRACT FOR THE DELIVERY AND PROVISION OF HEALTH  SERVICES  AS  CONTEM-
PLATED BY THIS CHAPTER OR THE SOCIAL SERVICES LAW.
  4. THE COMMISSIONER, IN CONSULTATION WITH THE SUPERINTENDENT OF FINAN-
CIAL  SERVICES,  MAY PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS
OF THIS SECTION; PROVIDED, HOWEVER, THAT  THE  FAILURE  TO  ADOPT  REGU-
LATIONS  SHALL  NOT  INVALIDATE  ANY  EXERCISE  OF  AUTHORITY UNDER THIS
SECTION. SUCH REGULATIONS MAY, AND SHALL AS NECESSARY FOR  THE  PURPOSES
OF THIS SECTION, ADDRESS MATTERS INCLUDING, BUT NOT LIMITED TO:
  (A)  AUTHORIZING  DISCRETE LEVELS OF VALUE BASED PAYMENTS THAT ACCOUNT
FOR LEVEL OF RISK;
  (B) PLACING CONDITIONS UPON ANY SUCH LEVEL OF VALUE BASED PAYMENT;
  (C) REQUIRING OR ADJUSTING RESERVES, AS APPLICABLE, FOR  MANAGED  CARE
ORGANIZATIONS  LICENSED UNDER THIS ARTICLE AND ENTITIES PARTICIPATING IN
VALUE BASED PAYMENT ARRANGEMENTS;
  (D) AUTHORIZING THE COMMISSIONER TO ESTABLISH A REINSURANCE POOL;
  (E) MAKING ANY CHANGES TO VALUE BASED  PAYMENTS  OR  METHODOLOGIES  OF
REIMBURSEMENT  THAT ARE VALUE BASED AS NECESSARY TO CONFORM TO THE TERMS
AND CONDITIONS OF THE DSRIP WAIVER.
  5. NOTHING CONTAINED IN THIS SECTION SHALL LIMIT THE AUTHORITY OF  THE
COMMISSIONER  TO MAINTAIN A SYSTEM OF VALUE BASED PAYMENTS SUBSEQUENT TO
THE CONCLUSION OR EXPIRATION OF THE DSRIP WAIVER, NOR SHALL  ANY  REFER-
ENCE TO THE DSRIP PROGRAM WITHIN THIS SECTION LIMIT THE AUTHORITY OF THE
COMMISSIONER,  IN  CONSULTATION  WITH  THE  SUPERINTENDENT  OF FINANCIAL
SERVICES, TO OTHERWISE APPLY SUCH PRINCIPLES TO  ORGANIZATIONS  LICENSED
UNDER  THIS  ARTICLE  OR  TO  IMPLEMENT METHODOLOGIES THAT UTILIZE VALUE
BASED PAYMENTS FOR ANY PROVIDER REIMBURSED UNDER THIS CHAPTER.
  S 2. 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  3. 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 4. 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

S. 2007--A                         51                         A. 3007--A

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 5. This act shall take effect immediately and  shall  be  deemed  to
have  been in full force and effect on and after April 1, 2015; provided
that:
  1. 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;
  2. 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;
  3.  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;
  4. notwithstanding any inconsistent provision of the state administra-
tive  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 are 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; and
  5. 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.

                                 PART G

  Section  1.  The  financial  services  law  is amended by adding a new
section 208 to read as follows:
  S 208. ASSESSMENT FOR THE OPERATING EXPENSES OF THE  NEW  YORK  HEALTH
BENEFIT EXCHANGE.  (A) FOR EACH FISCAL YEAR COMMENCING ON OR AFTER APRIL
FIRST,  TWO  THOUSAND  FIFTEEN,  ASSESSMENTS  FOR THE OPERATING EXPENSES
ATTRIBUTABLE TO QUALIFIED HEALTH PLAN COVERAGE OF THE  NEW  YORK  HEALTH
BENEFIT  EXCHANGE, ESTABLISHED WITHIN THE DEPARTMENT OF HEALTH BY EXECU-
TIVE ORDER 42 SIGNED BY GOVERNOR ANDREW M. CUOMO ON APRIL  12,  2012  IN
CONFORMITY  WITH  THE PATIENT PROTECTION AND AFFORDABLE CARE ACT, PUBLIC
LAW 111-14 AND THE HEALTH CARE AND EDUCATION RECONCILIATION ACT,  PUBLIC
LAW  111-152, AND DOING BUSINESS AS THE NY STATE OF HEALTH, THE OFFICIAL
HEALTH PLAN MARKETPLACE (NY STATE OF HEALTH) SHALL BE  ASSESSED  BY  THE
SUPERINTENDENT  IN ACCORDANCE WITH THIS SECTION. A DOMESTIC ACCIDENT AND
HEALTH INSURER SHALL BE ASSESSED BY THE SUPERINTENDENT PURSUANT TO  THIS
SECTION  FOR  THE OPERATING EXPENSES OF THE NY STATE OF HEALTH ATTRIBUT-
ABLE TO QUALIFIED HEALTH PLANS' COVERAGE, WHICH SHALL INCLUDE DIRECT AND
INDIRECT EXPENSES RELATED TO THE OPERATION OF  THE  NEW  YORK  STATE  OF
HEALTH  ATTRIBUTABLE  TO  SUCH  QUALIFIED  HEALTH PLAN COVERAGE WITH THE
ASSESSMENTS ALLOCATED PRO RATA UPON ALL  DOMESTIC  ACCIDENT  AND  HEALTH
INSURERS  IN  THE  INDIVIDUAL,  SMALL  GROUP AND LARGE GROUP MARKETS, IN
PROPORTION TO THE GROSS DIRECT PREMIUMS, EXCLUSIVE OF FEDERAL TAX  CRED-
ITS  AND OTHER CONSIDERATIONS, WRITTEN OR RECEIVED BY THEM IN THIS STATE
DURING  THE  CALENDAR  YEAR  ENDING  DECEMBER  THIRTY-FIRST  IMMEDIATELY
PRECEDING  THE  END  OF THE FISCAL YEAR FOR WHICH THE ASSESSMENT IS MADE

S. 2007--A                         52                         A. 3007--A

(LESS RETURN PREMIUMS AND CONSIDERATIONS THEREON) FOR INSURANCE POLICIES
OR CONTRACTS OF MAJOR MEDICAL  OR  SIMILAR  COMPREHENSIVE  TYPE  MEDICAL
COVERAGE  OR  DENTAL  COVERAGE  DELIVERED OR ISSUED FOR DELIVERY IN THIS
STATE;  BUT  EXCLUDING INSURANCE POLICIES OR CONTRACTS FOR MAJOR MEDICAL
OR SIMILAR COMPREHENSIVE TYPE MEDICAL OR DENTAL  COVERAGE  DELIVERED  OR
ISSUED  FOR DELIVERY IN THIS STATE UNDER TITLE XVIII OF THE SOCIAL SECU-
RITY ACT (MEDICARE), MEDICAL ASSISTANCE UNDER TITLE  ELEVEN  OF  ARTICLE
FIVE  OF THE SOCIAL SERVICES LAW, CHILD HEALTH PLUS INSURANCE PLAN UNDER
SECTION TWENTY-FIVE HUNDRED OF THE PUBLIC HEALTH LAW  AND/OR  THE  BASIC
HEALTH  INSURANCE  PLAN  PURSUANT TO PARAGRAPH (E) OF SUBDIVISION ONE OF
SECTION THREE HUNDRED SIXTY-NINE-GG OF THE SOCIAL SERVICES LAW.
  (B)  THE  ASSESSMENT  UPON  DOMESTIC  ACCIDENT  AND  HEALTH   INSURERS
DESCRIBED  IN SUBSECTION (A) OF THIS SECTION SHALL BE MADE BY THE SUPER-
INTENDENT COMMENCING APRIL FIRST, TWO THOUSAND  FIFTEEN,  IN  A  SUM  AS
PRESCRIBED  BY  THE  SUPERINTENDENT FOR SUCH INSURERS' PRO RATA SHARE OF
THE ANNUAL EXPENSES OF THE NY STATE OF HEALTH ATTRIBUTABLE TO  QUALIFIED
HEALTH  PLAN  COVERAGE FOR THE TWO THOUSAND FIFTEEN-TWO THOUSAND SIXTEEN
FISCAL YEAR, AS ESTIMATED BY THE SUPERINTENDENT. SUCH PAYMENT  SHALL  BE
MADE  ON  OR  BEFORE  FEBRUARY FIFTEENTH, TWO THOUSAND SIXTEEN, OR ON OR
BEFORE SUCH OTHER DATES AS THE SUPERINTENDENT MAY  PRESCRIBE.  FOLLOWING
THE DETERMINATION OF THE AMOUNT COLLECTED BASED ON THE ACTUAL ENROLLMENT
IN  QUALIFIED  HEALTH  PLAN  COVERAGE THROUGH THE NY STATE OF HEALTH AND
FULLY INSURED INDIVIDUAL, SMALL GROUP, AND LARGE GROUP COVERAGE  OUTSIDE
THE NY STATE OF HEALTH FOR THE TWO THOUSAND FIFTEEN-TWO THOUSAND SIXTEEN
FISCAL YEAR, ANY OVERPAYMENT OF SUCH ASSESSMENT SHALL BE APPLIED AGAINST
THE  NEXT  ESTIMATED QUARTERLY ASSESSMENT FOR SUCH EXPENSES AS SET FORTH
IN THIS SECTION, IF LESS THAN OR  EQUAL  TO  SUCH  AMOUNT,  UNTIL  FULLY
RECONCILED.  HOWEVER,  IF  THE  ASSESSMENT  COLLECTED  IS  LESS THAN THE
EXPENSES OF THE NY STATE OF HEALTH ATTRIBUTABLE TO QUALIFIED HEALTH PLAN
COVERAGE FOR THE TWO THOUSAND FIFTEEN-TWO THOUSAND SIXTEEN FISCAL  YEAR,
THE  SUPERINTENDENT  MAY REQUIRE FULL PAYMENT TO BE MADE ON SUCH DATE OF
THE FISCAL YEAR AS THE SUPERINTENDENT MAY DETERMINE.
  (C) FOR EACH FISCAL YEAR COMMENCING ON OR AFTER APRIL FIRST, TWO THOU-
SAND SIXTEEN, A PARTIAL PAYMENT SHALL BE MADE BY A DOMESTIC ACCIDENT AND
HEALTH INSURER IN A SUM EQUAL TO TWENTY-FIVE PER CENTUM, OR  SUCH  OTHER
PER  CENTUM  OR  PER CENTUMS AS THE SUPERINTENDENT MAY PRESCRIBE, OF ITS
PRO RATA SHARE OF THE ANNUAL EXPENSES OF THE NY STATE OF HEALTH  ATTRIB-
UTABLE TO QUALIFIED HEALTH PLAN COVERAGE ASSESSED UPON IT FOR THE FISCAL
YEAR  AS  ESTIMATED BY THE SUPERINTENDENT. SUCH PAYMENT SHALL BE MADE ON
MARCH FIFTEENTH OF THE PRECEDING FISCAL  YEAR  AND  ON  JUNE  FIFTEENTH,
SEPTEMBER  FIFTEENTH  AND  DECEMBER  FIFTEENTH  OF EACH YEAR, OR AT SUCH
OTHER DATES AS THE SUPERINTENDENT MAY  PRESCRIBE.    THE  SUPERINTENDENT
SHALL  ANNUALLY  RECONCILE  THE  ASSESSMENT PERCENTAGE BASED UPON ACTUAL
PREMIUM DATA SUBMITTED TO THE SUPERINTENDENT OR COMMISSIONER OF  HEALTH,
AS  APPLICABLE.  THE BALANCE OF ASSESSMENTS FOR THE FISCAL YEAR SHALL BE
PAID  UPON  DETERMINATION  OF  THE  AMOUNT  COLLECTED  FOR  POLICIES  OR
CONTRACTS  OF MAJOR MEDICAL OR SIMILAR COMPREHENSIVE TYPE MEDICAL COVER-
AGE OR DENTAL COVERAGE DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE AS
SET FORTH IN SUBSECTION (A) OF THIS SECTION. ANY OVERPAYMENT  OF  ANNUAL
ASSESSMENT  RESULTING  FROM  COMPLYING  WITH  THE  REQUIREMENTS  OF THIS
SECTION SHALL BE APPLIED AGAINST THE NEXT  ESTIMATED  QUARTERLY  ASSESS-
MENT, IF LESS THAN OR EQUAL TO SUCH AMOUNT, UNTIL FULLY RECONCILED.
  (D)(1)  PAYMENTS  AND REPORTS SUBMITTED OR REQUIRED TO BE SUBMITTED TO
THE COMMISSIONER OF HEALTH PURSUANT TO THIS SECTION BY A DOMESTIC  ACCI-
DENT AND HEALTH INSURER SHALL BE SUBJECT TO AUDIT BY THE COMMISSIONER OF
HEALTH  FOR  A  PERIOD  OF SIX YEARS FOLLOWING THE CLOSE OF THE CALENDAR

S. 2007--A                         53                         A. 3007--A

YEAR IN WHICH SUCH PAYMENTS  AND  REPORTS  ARE  DUE,  AFTER  WHICH  SUCH
PAYMENTS  SHALL BE DEEMED FINAL AND NOT SUBJECT TO FURTHER ADJUSTMENT OR
RECONCILIATION, INCLUDING THROUGH OFFSET ADJUSTMENTS OR  RECONCILIATIONS
MADE  BY  THE DOMESTIC ACCIDENT AND HEALTH INSURER WITH REGARD TO SUBSE-
QUENT  PAYMENTS,  PROVIDED,  HOWEVER,  THAT  NOTHING  HEREIN  SHALL   BE
CONSTRUED  AS  PRECLUDING  THE  COMMISSIONER  OF  HEALTH  FROM  PURSUING
COLLECTION OF ANY SUCH PAYMENTS WHICH ARE IDENTIFIED AS DELINQUENT WITH-
IN SUCH SIX YEAR PERIOD, OR WHICH ARE  IDENTIFIED  AS  DELINQUENT  AS  A
RESULT  OF  AN  AUDIT  COMMENCED  WITHIN  SUCH  SIX YEAR PERIOD, OR FROM
CONDUCTING AN AUDIT OF ANY ADJUSTMENTS AND  RECONCILIATION  WITHIN  SUCH
SIX  YEAR  PERIOD, OR FROM CONDUCTING AN AUDIT OF PAYMENTS MADE PRIOR TO
SUCH SIX YEAR PERIOD WHICH ARE FOUND  TO  BE  COMMINGLED  WITH  PAYMENTS
WHICH ARE OTHERWISE SUBJECT TO TIMELY AUDIT PURSUANT TO THIS SECTION.
  (2)  THE  SUPERINTENDENT  MAY  ASSESS  A  DOMESTIC ACCIDENT AND HEALTH
INSURER WHICH, IN THE COURSE OF AN AUDIT PURSUANT TO THIS SECTION, FAILS
TO PRODUCE DATA OR DOCUMENTATION REQUESTED IN  FURTHERANCE  OF  SUCH  AN
AUDIT,  WITHIN THIRTY DAYS OF SUCH REQUEST, A CIVIL PENALTY OF UP TO TEN
THOUSAND DOLLARS FOR EACH SUCH FAILURE,  PROVIDED,  HOWEVER,  THAT  SUCH
CIVIL  PENALTY  SHALL NOT BE IMPOSED IF THE DOMESTIC ACCIDENT AND HEALTH
INSURER DEMONSTRATES GOOD CAUSE FOR SUCH FAILURE.
  (3) RECORDS REQUIRED TO BE RETAINED FOR AUDIT VERIFICATION PURPOSES BY
A DOMESTIC ACCIDENT AND HEALTH INSURER IN ACCORDANCE WITH  THIS  SECTION
SHALL  INCLUDE,  ON  A  MONTHLY  BASIS,  THE SOURCE RECORDS GENERATED BY
SUPPORTING INFORMATION SYSTEMS, FINANCIAL ACCOUNTING RECORDS,  AND  SUCH
OTHER  RECORDS  AS  MAY  BE  REQUIRED  TO  PROVE COMPLIANCE WITH, AND TO
SUPPORT REPORTS SUBMITTED IN ACCORDANCE WITH, THIS SECTION.
  (4) IF A DOMESTIC ACCIDENT AND HEALTH INSURER FAILS TO PRODUCE DATA OR
DOCUMENTATION REQUESTED IN FURTHERANCE OF  AN  AUDIT  PURSUANT  TO  THIS
SECTION  FOR  A QUARTER TO WHICH THE ASSESSMENT APPLIES, THE SUPERINTEN-
DENT MAY ESTIMATE, BASED ON AVAILABLE FINANCIAL AND STATISTICAL DATA  AS
DETERMINED  BY  THE  SUPERINTENDENT,  THE  AMOUNT  DUE FOR SUCH QUARTER.
INTEREST AND PENALTIES SHALL BE APPLIED TO SUCH AMOUNTS DUE  IN  ACCORD-
ANCE  WITH THE PROVISIONS OF SUBSECTION (B) OF SECTION NINE THOUSAND ONE
HUNDRED NINE OF THE INSURANCE LAW.
  (5) THE SUPERINTENDENT MAY, AS PART OF A FINAL RESOLUTION OF AN  AUDIT
CONDUCTED  BY  THE  COMMISSIONER  OF HEALTH PURSUANT TO THIS SUBSECTION,
WAIVE PAYMENT OF INTEREST AND PENALTIES OTHERWISE APPLICABLE PURSUANT TO
SUBSECTION (B) OF SECTION NINE THOUSAND ONE HUNDRED NINE OF  THE  INSUR-
ANCE  LAW,  WHEN  AMOUNTS DUE AS A RESULT OF SUCH AUDIT, OTHER THAN SUCH
WAIVED PENALTIES AND INTEREST, ARE PAID IN FULL TO THE  COMMISSIONER  OF
HEALTH WITHIN SIXTY DAYS OF THE ISSUANCE OF A FINAL AUDIT REPORT THAT IS
MUTUALLY  AGREED  TO BY THE COMMISSIONER OF HEALTH AND DOMESTIC ACCIDENT
AND HEALTH INSURER, PROVIDED, HOWEVER, THAT IF SUCH FINAL  AUDIT  REPORT
IS  NOT  SO  MUTUALLY AGREED UPON, THEN THE SUPERINTENDENT SHALL HAVE NO
OBLIGATIONS PURSUANT TO THIS PARAGRAPH.
  (6) THE COMMISSIONER OF HEALTH MAY ENTER  INTO  AN  AGREEMENT  WITH  A
DOMESTIC  ACCIDENT  AND HEALTH INSURER IN REGARD TO WHICH AUDIT FINDINGS
OR PRIOR SETTLEMENTS HAVE BEEN MADE PURSUANT TO THIS SECTION,  EXTENDING
AND  APPLYING  SUCH  AUDIT  FINDINGS  OR PRIOR SETTLEMENTS, OR A PORTION
THEREOF, IN SETTLEMENT AND SATISFACTION OF POTENTIAL  AUDIT  LIABILITIES
FOR SUBSEQUENT UNAUDITED PERIODS. THE SUPERINTENDENT MAY REDUCE OR WAIVE
PAYMENT  OF  INTEREST  AND PENALTIES OTHERWISE APPLICABLE TO SUCH SUBSE-
QUENT UNAUDITED PERIODS WHEN SUCH AMOUNTS DUE AS A RESULT OF SUCH AGREE-
MENT, OTHER THAN REDUCED OR WAIVED INTEREST AND PENALTIES, ARE  PAID  IN
FULL  TO  THE  COMMISSIONER  OF HEALTH WITHIN SIXTY DAYS OF EXECUTION OF
SUCH AGREEMENT BY ALL PARTIES TO THE AGREEMENT. ANY PAYMENTS MADE PURSU-

S. 2007--A                         54                         A. 3007--A

ANT TO AN AGREEMENT ENTERED INTO IN ACCORDANCE WITH THIS PARAGRAPH SHALL
BE DEEMED TO BE IN FULL SATISFACTION OF ANY LIABILITY ARISING UNDER THIS
SECTION, AS REFERENCED IN  SUCH  AGREEMENT  AND  FOR  THE  TIME  PERIODS
COVERED  BY  SUCH AGREEMENT, PROVIDED, HOWEVER, THAT THE COMMISSIONER OF
HEALTH MAY AUDIT FUTURE RETROACTIVE ADJUSTMENTS  TO  PAYMENTS  MADE  FOR
SUCH  PERIODS  BASED  ON REPORTS FILED BY A DOMESTIC ACCIDENT AND HEALTH
INSURER SUBSEQUENT TO SUCH AGREEMENT.
  (E) THE COMMISSIONER OF HEALTH SHALL HAVE THE AUTHORITY UNDER  SECTION
TWENTY-EIGHT  HUNDRED  SEVEN-Y OF THE PUBLIC HEALTH LAW TO CONTRACT WITH
THE ARTICLE FORTY-THREE INSURANCE LAW PLANS, OR SUCH  OTHER  CONTRACTORS
AS  THE  COMMISSIONER  OF  HEALTH  SHALL  DESIGNATE,  TO ISSUE INVOICES,
RECEIVE PAYMENT, AND DISTRIBUTE FUNDS FROM THE ASSESSMENT AUTHORIZED  BY
THIS  SECTION  AND  TO  DEPOSIT IT INTO THE SPECIAL REVENUE FUNDS-OTHER,
HCRA RESOURCES FUND.
  (F) FOR THE PURPOSE OF THIS SECTION,  "ACCIDENT  AND  HEALTH  INSURER"
SHALL  MEAN AN INSURER AUTHORIZED UNDER THE INSURANCE LAW TO WRITE ACCI-
DENT AND HEALTH INSURANCE IN THIS STATE, A CORPORATION ORGANIZED  PURSU-
ANT TO ARTICLE FORTY-THREE OF THE INSURANCE LAW, OR A HEALTH MAINTENANCE
ORGANIZATION  HOLDING  OR  REQUIRED  TO  HOLD A CERTIFICATE OF AUTHORITY
PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC  HEALTH  LAW,  THAT  WRITES
MAJOR  MEDICAL  OR SIMILAR COMPREHENSIVE TYPE MEDICAL COVERAGE OR WRITES
DENTAL COVERAGE.
  (G) FOR THE PURPOSE OF THIS SECTION,  "DOMESTIC  ACCIDENT  AND  HEALTH
INSURER"  SHALL  MEAN  AN  ACCIDENT  AND  HEALTH INSURER INCORPORATED OR
ORGANIZED UNDER ANY LAW OF THIS STATE.
  S 2. Paragraph (g) and (h) of subdivision 1 of section 2807-y  of  the
public health law, as added by section 67 of part B of chapter 58 of the
laws  of  2005,  are amended and a new paragraph (i) is added to read as
follows:
  (g) section thirty-six hundred fourteen-a of this chapter; [and]
  (h) section three hundred sixty-seven-i of the social services law[.];
AND
  (I) SECTION TWO HUNDRED EIGHT OF THE FINANCIAL SERVICES LAW.
  S 3. Subdivision 3 of section 2807-y of  the  public  health  law,  as
added  by  section  67  of  part B of chapter 58 of the laws of 2005, is
amended to read as follows:
  3. The reasonable costs and expenses of an administrator  as  approved
by  the  commissioner, not to exceed for personnel services on an annual
basis  [four]  SIX  million  [five  hundred]  fifty  thousand   dollars,
increased  annually  by  the  lower  of the consumer price index or five
percent, for collection and distribution of allowances  and  assessments
set  forth  in  subdivision  one of this section, shall be paid from the
allowance and assessment funds.
  S 4. 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 5. 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 judgment
shall have been rendered. It is hereby declared to be the intent of  the

S. 2007--A                         55                         A. 3007--A

legislature  that  this act would have been enacted even if such invalid
provisions had not been included herein.
  S  6.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015;  provided
that:
  1.  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;
  2. 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;
  3. the commissioner of health  and  the  superintendent  of  financial
services may take any steps necessary to implement this act prior to its
effective date;
  4. notwithstanding any inconsistent provision of the state administra-
tive  procedure  act  or any other provision of law, rule or regulation,
the commissioner of health and the superintendent of financial  services
are authorized to adopt or amend or promulgate on an emergency basis any
regulation  they  determine necessary to implement any provision of this
act on its effective date; and
  5. the provisions of this act shall become  effective  notwithstanding
the  failure  of  the  commissioner  of  health or the superintendent of
financial services to adopt or amend or  promulgate  regulations  imple-
menting this act.

                                 PART H

  Section  1.  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  OR A STORE OPEN TO THE GENERAL PUBLIC, 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 THE STATE OF NEW
YORK: (I) WHOSE STOCKHOLDERS OR MEMBERS, AS APPLICABLE, ARE NOT  NATURAL
PERSONS;  (II)  WHOSE PRINCIPAL STOCKHOLDERS AND MEMBERS, AS APPLICABLE,
AND CONTROLLING PERSONS COMPLY WITH ALL APPLICABLE REQUIREMENTS OF  THIS
SECTION;  AND  (III) THAT 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".
  (B)  FOR  PURPOSES  OF  PARAGRAPH  (A) OF THIS SUBDIVISION, THE PUBLIC
HEALTH AND HEALTH PLANNING COUNCIL SHALL ADOPT AND AMEND RULES AND REGU-
LATIONS, NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION,  TO
ADDRESS  ANY  MATTER  IT DEEMS PERTINENT TO THE ESTABLISHMENT OF LIMITED
SERVICES CLINICS. SUCH RULES AND REGULATIONS SHALL INCLUDE, BUT  NOT  BE
LIMITED TO, PROVISIONS GOVERNING OR RELATING TO: (I) ANY DIRECT OR INDI-
RECT  CHANGES  OR  TRANSFERS  OF OWNERSHIP INTERESTS OR VOTING RIGHTS IN
SUCH ENTITIES OR THEIR STOCKHOLDERS  OR  MEMBERS,  AS  APPLICABLE;  (II)
PUBLIC  HEALTH  AND  HEALTH  PLANNING  COUNCIL APPROVAL OF ANY CHANGE IN
CONTROLLING  INTERESTS,  PRINCIPAL  STOCKHOLDERS,  CONTROLLING  PERSONS,
PARENT  COMPANY  OR  SPONSORS;  (III)  OVERSIGHT OF THE OPERATOR AND ITS
SHAREHOLDERS OR MEMBERS, AS APPLICABLE, INCLUDING  LOCAL  GOVERNANCE  OF
THE  LIMITED SERVICES CLINICS; AND (IV) THE CHARACTER AND COMPETENCE AND

S. 2007--A                         56                         A. 3007--A

QUALIFICATIONS OF, AND CHANGES RELATING TO, THE DIRECTORS  AND  OFFICERS
OF  THE  OPERATOR  AND  ITS PRINCIPAL STOCKHOLDERS, CONTROLLING PERSONS,
PARENT COMPANY OR SPONSORS.
  (C) THE FOLLOWING PROVISIONS OF THIS SECTION SHALL NOT APPLY TO LIMIT-
ED  SERVICES  CLINICS:  (I)  PARAGRAPH  (A) OF SUBDIVISION THREE OF THIS
SECTION; (II) PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION, RELAT-
ING 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.
  (D)  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 SERVICE 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.
  (E) 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:
  (I) REQUIRING  THAT  LIMITED  SERVICES  CLINICS  ATTAIN  AND  MAINTAIN
ACCREDITATION  AND  REQUIRING  TIMELY  REPORTING  TO THE DEPARTMENT IF A
LIMITED SERVICE CLINIC LOSES ITS ACCREDITATION;
  (II) DESIGNATING OR LIMITING THE TREATMENTS AND SERVICES THAT  MAY  BE
PROVIDED, INCLUDING:
  (1)  PROHIBITING  THE  PROVISION  OF  SERVICES TO PATIENTS TWENTY-FOUR
MONTHS OF AGE OR YOUNGER;
  (2) THE PROVISION OF SPECIFIC IMMUNIZATIONS TO PATIENTS  YOUNGER  THAN
EIGHTEEN YEARS OF AGE;
  (III)  REQUIRING  LIMITED SERVICE CLINICS TO ACCEPT WALK-INS AND OFFER
EXTENDED BUSINESS HOURS;
  (IV) SETTING FORTH GUIDELINES 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 PRIMA-
RY CARE OR OTHER HEALTH CARE PROVIDERS, DESIGN, CONSTRUCTION,  FIXTURES,
AND   EQUIPMENT.  SIGNAGE  SHALL  ALSO  BE  REQUIRED  TO  INDICATE  THAT
PRESCRIPTIONS AND  OVER-THE-COUNTER  SUPPLIES  MAY  BE  PURCHASED  BY  A
PATIENT FROM ANY BUSINESS AND DO NOT NEED TO BE PURCHASED ON-SITE; AND
  (V)  REQUIRING  THE OPERATOR TO DIRECTLY EMPLOY A MEDICAL DIRECTOR WHO
IS LICENSED AND CURRENTLY REGISTERED TO PRACTICE MEDICINE IN  THE  STATE
OF NEW YORK.
  (F)  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 2. 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"  SHALL  MEAN  THE FULL ACCREDITATION BY SUCH
NATIONALLY-RECOGNIZED ACCREDITING AGENCIES AS DETERMINED BY THE  COMMIS-
SIONER.
  (B) "EMERGENCY MEDICAL CARE" SHALL MEAN THE PROVISION OF TREATMENT FOR
LIFE-THREATENING  OR  POTENTIALLY  DISABLING TRAUMA, BURNS, RESPIRATORY,
CIRCULATORY OR OBSTETRICAL CONDITIONS.

S. 2007--A                         57                         A. 3007--A

  (C) "LICENSEE" SHALL MEAN AN INDIVIDUAL LICENSED OR OTHERWISE  AUTHOR-
IZED UNDER ARTICLE 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, 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  ACCREDITED STATUS, OBTAINS THE APPROVAL OF THE DEPARTMENT AND
OTHERWISE COMPLIES WITH THE PROVISIONS OF THIS SECTION  AND  REGULATIONS
PROMULGATED  HEREUNDER.  ANY  PROVIDER  THAT LOSES ITS ACCREDITED STATUS
SHALL PROMPTLY NOTIFY THE DEPARTMENT THEREOF.
  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,
ADVERTISING 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 THAT MAY BE PROVIDED BY URGENT CARE PROVIDERS AND THE
MINIMUM SERVICES THAT SHALL BE PROVIDED; REQUIRING URGENT CARE PROVIDERS
TO DISCLOSE TO PATIENTS THE SCOPE OF SERVICES PROVIDED; AND ESTABLISHING
STANDARDS FOR APPROPRIATE REFERRAL AND  CONTINUITY  OF  CARE,  STAFFING,
EQUIPMENT,  AND  MAINTENANCE  AND  TRANSMISSION OF PATIENT RECORDS. SUCH
REGULATIONS SHALL ALSO 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.
  S 3. Subdivision 4 of  section  2951  of  the  public  health  law  is
REPEALED.
  S 4. Section 2956 of the public health law is REPEALED.
  S  5.  Section 225 of the public health law is amended by adding a new
subdivision 13 to read as follows:
  13. THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL MAY REVIEW THE  TYPE
OF  PROCEDURES  PERFORMED  IN  OUTPATIENT  SETTINGS, INCLUDING PRACTICES
REQUIRED TO REPORT ADVERSE EVENTS UNDER SECTION TWO HUNDRED THIRTY-D  OF
THIS   ARTICLE   AND  HEALTH  CARE  FACILITIES  LICENSED  UNDER  ARTICLE
TWENTY-EIGHT OF THIS CHAPTER THAT PROVIDE AMBULATORY  SURGERY  SERVICES,
FOR PURPOSES OF:
  (A)  IDENTIFYING  THE  TYPES  OF  PROCEDURES  PERFORMED  AND  TYPES OF
ANESTHESIA/SEDATION ADMINISTERED IN SUCH SETTINGS;

S. 2007--A                         58                         A. 3007--A

  (B) CONSIDERING WHETHER IT  IS  APPROPRIATE  FOR  SUCH  PROCEDURES  OR
ANESTHESIA/SEDATION TO BE PERFORMED IN SUCH SETTINGS;
  (C)  CONSIDERING WHETHER SETTINGS PERFORMING SUCH PROCEDURES OR ADMIN-
ISTERING SUCH ANESTHESIA/SEDATION ARE SUBJECT TO SUFFICIENT OVERSIGHT;
  (D) CONSIDERING WHETHER SETTINGS PERFORMING SUCH PROCEDURES OR  ADMIN-
ISTERING  SUCH ANESTHESIA/SEDATION ARE SUBJECT TO AN EQUIVALENT LEVEL OF
OVERSIGHT REGARDLESS OF SETTING; AND
  (E) MAKING RECOMMENDATIONS TO THE DEPARTMENT REGARDING THE FOREGOING.
  S 6. This act shall take effect immediately, provided,  however,  that
subdivision  2  of  section  230-e of the public health law, as added by
section two of this act, shall take effect January 1, 2017;  subdivision
3  of section 230-e of the public health law, as added by section two of
this act, shall take effect January 1, 2016; and  regulations  shall  be
adopted  or  amended  pursuant  to subdivision 5 of section 230-e of the
public health law, as added by section two of this  act,  on  or  before
January 1, 2016, and shall not take effect until January 1, 2017.

                                 PART I

  Section 1. Subdivision 2-a of section 2781 of the public health law is
REPEALED.
  S  2.  The  criminal  procedure law is amended by adding a new section
60.47 to read as follows:
S 60.47 POSSESSION OF CONDOMS; RECEIPT INTO EVIDENCE.
  EVIDENCE THAT A PERSON WAS IN POSSESSION OF ONE OR  MORE  CONDOMS  MAY
NOT  BE  ADMITTED AT ANY TRIAL, HEARING, OR OTHER PROCEEDING IN A PROSE-
CUTION FOR SECTION 230.00 OR SECTION 240.37 OF THE  PENAL  LAW  FOR  THE
PURPOSE  OF  ESTABLISHING  PROBABLE  CAUSE  FOR AN ARREST OR PROVING ANY
PERSON'S COMMISSION OR ATTEMPTED COMMISSION OF SUCH OFFENSE.
  S 3. Section 220.45 of the penal law, as amended by chapter 284 of the
laws of 2010, is amended to read as follows:
S 220.45 Criminally possessing a hypodermic instrument.
  A person is guilty of criminally possessing  a  hypodermic  instrument
when  he or she knowingly and unlawfully possesses or sells a hypodermic
syringe or hypodermic needle. It  shall  not  be  a  violation  of  this
section  when  a  person  obtains  and possesses a hypodermic syringe or
hypodermic needle pursuant to section thirty-three hundred eighty-one of
the public health law, WHICH INCLUDES THE STATE'S SYRINGE  EXCHANGE  AND
PHARMACY AND MEDICAL PROVIDER-BASED EXPANDED SYRINGE ACCESS PROGRAMS.
  Criminally  possessing  a hypodermic instrument is a class A misdemea-
nor.
  S 4. Section 220.03 of the penal law, as amended by chapter 284 of the
laws of 2010, the opening paragraph as amended by  chapter  154  of  the
laws of 2011, is amended to read as follows:
S 220.03 Criminal  possession  of  a controlled substance in the seventh
            degree.
  A person is guilty of criminal possession of a controlled substance in
the seventh degree when he or she knowingly and unlawfully  possesses  a
controlled  substance;  provided,  however,  that  it  shall  not  be  a
violation of this section when a person possesses a residual amount of a
controlled substance and that residual amount is in or on  a  hypodermic
syringe  or hypodermic needle obtained and possessed pursuant to section
thirty-three hundred eighty-one of the public health law, WHICH INCLUDES
THE STATE'S SYRINGE EXCHANGE AND  PHARMACY  AND  MEDICAL  PROVIDER-BASED
EXPANDED  SYRINGE  ACCESS  PROGRAMS; nor shall it be a violation of this
section when a person's unlawful possession of a controlled substance is

S. 2007--A                         59                         A. 3007--A

discovered as a result of seeking immediate health care  as  defined  in
paragraph  (b)  of subdivision three of section 220.78 of the penal law,
for either another person or him or herself because such person is expe-
riencing  a  drug  or alcohol overdose or other life threatening medical
emergency as defined in paragraph (a) of subdivision  three  of  section
220.78 of the penal law.
  Criminal possession of a controlled substance in the seventh degree is
a class A misdemeanor.
  S  5.  Paragraph  (g)  of  subdivision 2 of section 850 of the general
business law, as amended by chapter 812 of the laws of 1980, is  amended
to read as follows:
  (g)  Hypodermic  syringes, needles and other objects, used or designed
for the purpose of parenterally injecting controlled substances into the
human body; PROVIDED, HOWEVER, HYPODERMIC SYRINGES AND NEEDLES  OBTAINED
AND POSSESSED FROM THE STATE'S SYRINGE EXCHANGE AND PHARMACY AND MEDICAL
PROVIDER-BASED  EXPANDED SYRINGE ACCESS PROGRAMS SHALL NOT BE CONSIDERED
DRUG-RELATED PARAPHERNALIA;
  S 6. Paragraph (c) of subdivision 1 of  section  3381  of  the  public
health law, as amended by chapter 178 of the laws of 2010, is amended to
read as follows:
  (c)  by  a pharmacy licensed under article one hundred thirty-seven of
the education law, health care facility licensed under  article  twenty-
eight  of  this  chapter  or a health care practitioner who is otherwise
authorized to prescribe the use of hypodermic needles or syringes within
his or her scope of practice;  provided,  however,  that  such  sale  or
furnishing:  (i)  shall  only  be  to  a person eighteen years of age or
older; AND (ii) [shall be limited to a quantity of ten or less hypoderm-
ic needles or syringes; and (iii)] shall be in accordance with  subdivi-
sion five of this section.
  S  7.  Paragraph  (d)  of  subdivision 5 of section 3381 of the public
health law, as amended by section 9-a of part B of  chapter  58  of  the
laws of 2007, is amended to read as follows:
  (d)  In  addition  to the requirements of paragraph (c) of subdivision
one of this section, a pharmacy licensed under article one hundred thir-
ty-seven of the education law may sell or furnish hypodermic needles  or
syringes  only  if  such pharmacy[: (i) does not advertise to the public
the availability for retail sale or furnishing of hypodermic needles  or
syringes  without  a  prescription; and (ii) at any location where hypo-
dermic needles or syringes are kept  for  retail  sale  or  furnishing,]
stores  such  needles and syringes in a manner that makes them available
only to authorized personnel and not openly available to customers.
  S 8. This act shall take effect immediately.

                                 PART J

  Section 1. Subparagraph (v) of paragraph a of subdivision 1 of section
6908 of the education law is relettered  subparagraph  (vi)  and  a  new
subparagraph (v) is added to read as follows:
  (V)  TASKS PROVIDED BY AN ADVANCED HOME HEALTH AIDE IN ACCORDANCE WITH
REGULATIONS DEVELOPED IN CONSULTATION WITH THE  COMMISSIONER  OF  HEALTH
WHICH,  AT  A MINIMUM, SHALL: (1) SPECIFY THE TYPES OF TASKS THAT MAY BE
PERFORMED BY ADVANCED HOME HEALTH AIDES PURSUANT  TO  THIS  SUBPARAGRAPH
("ADVANCED  TASKS"),  WHICH  SHALL INCLUDE THE ADMINISTRATION OF MEDICA-
TIONS WHICH ARE ROUTINE AND PREFILLED OR OTHERWISE PACKAGED IN A  MANNER
THAT PROMOTES RELATIVE EASE OF ADMINISTRATION; (2) PROVIDE THAT ADVANCED
TASKS  PERFORMED  BY  ADVANCED  HOME  HEALTH AIDES MAY BE PERFORMED ONLY

S. 2007--A                         60                         A. 3007--A

UNDER THE DIRECT SUPERVISION OF A REGISTERED PROFESSIONAL NURSE LICENSED
IN NEW YORK STATE AND EMPLOYED BY A HOME CARE SERVICES  AGENCY  LICENSED
OR  CERTIFIED PURSUANT TO ARTICLE THIRTY-SIX OF THE PUBLIC HEALTH LAW OR
HOSPICE PROGRAM CERTIFIED PURSUANT TO ARTICLE FORTY OF THE PUBLIC HEALTH
LAW,  WHERE  SUCH NURSING SUPERVISION (A) INCLUDES TRAINING AND PERIODIC
ASSESSMENT OF THE PERFORMANCE OF ADVANCED TASKS, (B) SHALL BE DETERMINED
BY THE REGISTERED PROFESSIONAL NURSE RESPONSIBLE  FOR  SUPERVISING  SUCH
ADVANCED  TASKS  BASED  UPON  THE COMPLEXITY OF SUCH ADVANCED TASKS, THE
SKILL AND EXPERIENCE OF THE ADVANCED HOME HEALTH AIDE,  AND  THE  HEALTH
STATUS  OF  THE  INDIVIDUAL  FOR  WHOM  SUCH  ADVANCED  TASKS  ARE BEING
PERFORMED, AND (C) INCLUDES A COMPREHENSIVE ASSESSMENT OF  THE  INDIVID-
UAL'S  NEEDS;  (3)  PROVIDE THAT ADVANCED TASKS MAY BE PERFORMED ONLY IN
ACCORDANCE WITH AND PURSUANT TO  AN  AUTHORIZED  PRACTITIONER'S  ORDERED
CARE; (4) PROVIDE THAT ONLY A HOME HEALTH AIDE WHO HAS AT LEAST ONE YEAR
OF  EXPERIENCE AS A CERTIFIED HOME HEALTH AIDE, HAS COMPLETED THE REQUI-
SITE TRAINING AND DEMONSTRATED COMPETENCIES OF AN ADVANCED  HOME  HEALTH
AIDE, HAS SUCCESSFULLY COMPLETED COMPETENCY EXAMINATIONS SATISFACTORY TO
THE  COMMISSIONER AND MEETS OTHER APPROPRIATE QUALIFICATIONS MAY PERFORM
ADVANCED TASKS AS AN ADVANCED HOME HEALTH AIDE; (5) PROVIDE THAT ONLY AN
INDIVIDUAL WHO IS LISTED IN THE HOME CARE SERVICES  REGISTRY  MAINTAINED
BY  THE  DEPARTMENT  OF  HEALTH  PURSUANT TO SUBDIVISION NINE OF SECTION
THIRTY-SIX HUNDRED THIRTEEN OF THE PUBLIC HEALTH LAW AS HAVING SATISFIED
ALL APPLICABLE TRAINING REQUIREMENTS AND HAVING  PASSED  THE  APPLICABLE
COMPETENCY EXAMINATIONS AND WHO MEETS OTHER REQUIREMENTS AS SET FORTH IN
REGULATIONS ISSUED BY THE COMMISSIONER OF HEALTH PURSUANT TO SUBDIVISION
SEVENTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THE PUBLIC HEALTH LAW MAY
PERFORM  ADVANCED  TASKS  PURSUANT  TO  THIS  SUBPARAGRAPH  AND MAY HOLD
HIMSELF OR HERSELF OUT AS AN ADVANCED HOME HEALTH  AIDE;  (6)  ESTABLISH
MINIMUM  STANDARDS  OF TRAINING FOR THE PERFORMANCE OF ADVANCED TASKS BY
ADVANCED HOME HEALTH AIDES, INCLUDING (A) DIDACTIC TRAINING,  (B)  CLIN-
ICAL  TRAINING,  AND  (C) A SUPERVISED CLINICAL PRACTICUM WITH STANDARDS
SET FORTH BY THE COMMISSIONER; (7) PROVIDE  THAT  ADVANCED  HOME  HEALTH
AIDES  SHALL  RECEIVE CASE-SPECIFIC TRAINING ON THE ADVANCED TASKS TO BE
ASSIGNED BY THE SUPERVISING NURSE,  PROVIDED  THAT  ADDITIONAL  TRAINING
SHALL  TAKE  PLACE  WHENEVER ADDITIONAL ADVANCED TASKS ARE ASSIGNED; (8)
PROHIBIT AN ADVANCED HOME HEALTH AIDE FROM HOLDING  HIMSELF  OR  HERSELF
OUT,  OR  ACCEPTING EMPLOYMENT AS, A PERSON LICENSED TO PRACTICE NURSING
UNDER THE PROVISIONS OF THIS ARTICLE; (9) PROVIDE THAT AN ADVANCED  HOME
HEALTH AIDE IS NOT REQUIRED NOR PERMITTED TO ASSESS THE MEDICATION NEEDS
OF  AN  INDIVIDUAL; (10) PROVIDE THAT AN ADVANCED HOME HEALTH AIDE SHALL
NOT BE AUTHORIZED TO PERFORM ANY TASKS OR ACTIVITIES  PURSUANT  TO  THIS
SUBPARAGRAPH  THAT ARE OUTSIDE THE SCOPE OF PRACTICE OF A LICENSED PRAC-
TICAL NURSE; (11) PROVIDE THAT AN ADVANCED HOME HEALTH AIDE SHALL  DOCU-
MENT  MEDICATION  ADMINISTRATION TO EACH INDIVIDUAL THROUGH THE USE OF A
MEDICATION ADMINISTRATION RECORD; AND (12) PROVIDE THAT THE  SUPERVISING
REGISTERED  PROFESSIONAL  NURSE  SHALL  RETAIN  THE DISCRETION TO DECIDE
WHETHER TO ASSIGN ADVANCED TASKS TO HOME HEALTH AIDES UNDER THIS PROGRAM
AND SHALL NOT BE SUBJECT TO COERCION OR THE THREAT  OF  RETALIATION;  IN
DEVELOPING  SUCH  REGULATIONS,  THE COMMISSIONER SHALL TAKE INTO ACCOUNT
THE RECOMMENDATIONS OF THE WORKGROUP OF  STAKEHOLDERS  CONVENED  BY  THE
COMMISSIONER  OF  HEALTH  FOR  THE  PURPOSE OF PROVIDING GUIDANCE ON THE
FOREGOING; OR
  S 2. Section 3602 of the public health law is amended by adding a  new
subdivision 17 to read as follows:
  17.  "ADVANCED  HOME  HEALTH  AIDES"  MEANS  HOME HEALTH AIDES WHO ARE
AUTHORIZED TO PERFORM ADVANCED TASKS AS DELINEATED IN  SUBPARAGRAPH  (V)

S. 2007--A                         61                         A. 3007--A

OF  PARAGRAPH  A OF SUBDIVISION ONE OF SECTION SIX THOUSAND NINE HUNDRED
EIGHT OF THE EDUCATION LAW AND REGULATIONS ISSUED BY THE COMMISSIONER OF
EDUCATION, IN CONSULTATION WITH THE  COMMISSIONER  OF  HEALTH,  RELATING
THERETO.  THE  COMMISSIONER  SHALL PROMULGATE REGULATIONS REGARDING SUCH
AIDES, WHICH SHALL INCLUDE A PROCESS FOR THE LIMITATION OR REVOCATION OF
THE ADVANCED HOME HEALTH AIDE'S AUTHORIZATION TO PERFORM ADVANCED  TASKS
IN APPROPRIATE CASES.
  S  3. Subdivision 9 of section 3613 of the public health law is renum-
bered subdivision 10 and a  new  subdivision  9  is  added  to  read  as
follows:
  9.  THE DEPARTMENT SHALL INDICATE WITHIN THE HOME CARE SERVICES WORKER
REGISTRY WHEN A HOME HEALTH AIDE HAS SATISFIED ALL  APPLICABLE  TRAINING
AND RECERTIFICATION REQUIREMENTS AND HAS PASSED THE APPLICABLE COMPETEN-
CY EXAMINATIONS NECESSARY TO PERFORM ADVANCED TASKS PURSUANT TO SUBPARA-
GRAPH (V) OF PARAGRAPH A OF SUBDIVISION ONE OF SECTION SIX THOUSAND NINE
HUNDRED  EIGHT  OF THE EDUCATION LAW AND REGULATIONS ISSUED THERETO. ANY
LIMITATION OR REVOCATION OF THE ADVANCED  HOME  HEALTH  AIDE'S  AUTHORI-
ZATION ALSO SHALL BE INDICATED ON THE REGISTRY.
  S  4.  In  developing  regulations  required under subparagraph (v) of
paragraph a of subdivision 1 of section 6908 of the  education  law,  as
added  by  section  one of this act, the commissioner of education shall
consider the recommendations of the workgroup of  stakeholders  convened
by  the  commissioner  of health, to provide guidance on the tasks which
may be performed by advanced home health aides pursuant to such  section
including  but not limited to recommendations encompassing the following
matters:
  (a) the tasks that appropriately could be performed by  advanced  home
health  aides  with  appropriate  training  and  supervision  ("advanced
tasks");
  (b) the types of medications that advanced home health aides should be
authorized to administer, including whether subcutaneous injectables and
controlled substances should be authorized;
  (c) qualifications that must be  satisfied  by  advanced  home  health
aides  to perform advanced tasks, including those related to experience,
training, moral character, and examination requirements;
  (d) minimum training and education standards; and
  (e) adequate levels of supervision to be provided by nurses, including
adherence to existing requirements for comprehensive assessment and  any
additional  assessment that should be required, including when the indi-
vidual receiving advanced tasks performed by  an  advanced  home  health
aide experiences a significant change in condition.
  S  5.  This  act shall take effect October 1, 2015; provided, however,
that the commissioner of education  shall  adopt  or  amend  regulations
necessary to implement the provisions of subparagraph (v) of paragraph a
of  subdivision  1  of  section  6908  of the education law, as added by
section one of this act, by such effective date; provided, further, that
no advanced tasks may be performed pursuant to such provision until such
regulations are adopted and except in conformance with such regulations.

                                 PART K

  Section 1.  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:

S. 2007--A                         62                         A. 3007--A

  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;
  (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

S. 2007--A                         63                         A. 3007--A

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 2. 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 3. 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 4. 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

S. 2007--A                         64                         A. 3007--A

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  5. 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

S. 2007--A                         65                         A. 3007--A

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 EXCEPT WHERE REQUIRED BY PARAGRAPH  (B)  OF  THIS  SUBDIVISION.
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 devel-
oped 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 trans-
action under this subparagraph: (A) if the equity position of the [part-
nership  or  limited liability company,] OPERATOR, determined in accord-
ance with generally accepted accounting principles, would be reduced  as
a  result  of the transfer, assignment or disposition; (B) if the trans-
action 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 DEPARTMENT, if the trans-
action,  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  coun-
cil  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

S. 2007--A                         66                         A. 3007--A

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 coun-
cil shall be required with respect to a transfer, assignment or disposi-
tion 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 opera-
tor 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 planning 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 transaction will  be  final  as  of  the  intended
effective date unless, prior thereto, the public health and health plan-
ning  council shall state specific reasons for barring such transactions
under this paragraph and shall notify each party to the proposed  trans-
action.  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. 2007--A                         67                         A. 3007--A

  S 6. 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 7. This act shall take effect immediately.

                                 PART L

  Section 1. 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
chapter 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

S. 2007--A                         68                         A. 3007--A

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] ONE HUNDRED  THIRTY-TWO,  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.

S. 2007--A                         69                         A. 3007--A

  (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. (A) 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 prac-
tices 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  trans-
mission  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.
  (B) THE DEPARTMENT MAY ALSO REQUIRE  LICENSEES  TO  REPORT  ADDITIONAL
DATA  SUCH AS PROCEDURAL INFORMATION AS NEEDED FOR THE INTERPRETATION OF
ADVERSE EVENTS AND EVALUATION OF PATIENT CARE  AND  QUALITY  IMPROVEMENT
AND ASSURANCE ACTIVITIES.
  (C)  The  DATA reported [data] UNDER THIS SUBDIVISION 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 2. The section heading and subdivisions 1 and 2 of section 2998-e of
the public health law, as added by chapter 365 of the laws of 2007,  are
amended to read as follows:
  Reporting  [of adverse events] in office based surgery AND ANESTHESIA.
1. The commissioner shall enter into agreements with  accrediting  agen-
cies  pursuant  to  which  the  accrediting  agencies  shall REQUIRE ALL
OFFICE-BASED SURGICAL AND OFFICE-BASED ANESTHESIA PRACTICES  TO  CONDUCT
QUALITY  IMPROVEMENT AND QUALITY ASSURANCE ACTIVITIES AND UTILIZE AMERI-
CAN BOARD OF MEDICAL SPECIALTIES  (ABMS)  OR  EQUIVALENT  CERTIFICATION,
HOSPITAL PRIVILEGING OR OTHER EQUIVALENT METHODS TO DETERMINE COMPETENCY
OF  PRACTITIONERS TO PERFORM OFFICE-BASED SURGERY AND OFFICE-BASED ANES-
THESIA, 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  INVESTI-
GATIONS,  AND  DATA for all office-based surgical AND OFFICE-BASED ANES-
THESIA practices accredited by the accrediting agencies to  the  depart-

S. 2007--A                         70                         A. 3007--A

ment.  The  department  may  disclose  reports  of aggregate data to the
public.
  2.  The  information required to be collected, maintained and reported
directly to the department AND MAINTAINED BY  OFFICE-BASED  SURGERY  AND
OFFICE-BASED  ANESTHESIA PRACTICES UNDER QUALITY IMPROVEMENT AND QUALITY
ASSURANCE ACTIVITIES pursuant to section two hundred  thirty-d  of  this
chapter  shall be kept confidential and shall not be released, except to
the department and except as required  or  permitted  under  subdivision
nine-a  and  subparagraph  (v)  of  paragraph  (a) of subdivision ten of
section two hundred thirty of this chapter.  Notwithstanding  any  other
provision  of  law, none of such information shall be subject to disclo-
sure under article six of the public officers law or article  thirty-one
of the civil practice law and rules.
  S  3. This act shall take effect one year after it shall have become a
law.

                                 PART M

  Section 1. Subdivisions 1 and 2 of section 1100-a of the public health
law, as added by chapter 258 of the laws of 1996, are  amended  and  two
new subdivisions 3 and 4 are added to read as follows:
  1.  Notwithstanding any contrary provision of law, rule, regulation or
code, any county, city, town or village that owns both its public  water
system  and  the  water  supply for such system may by local law provide
whether a fluoride compound shall [or shall not] be added to such public
water supply.
  2. Any county, wherein a public authority owns both its  public  water
system  and  the  water supply for such system, may by local law provide
whether a fluoride compound shall [or shall not] be added to such public
water supply.
  3. NO COUNTY, CITY, TOWN OR VILLAGE,  INCLUDING  A  COUNTY  WHEREIN  A
PUBLIC  AUTHORITY OWNS BOTH ITS PUBLIC WATER SYSTEM AND THE WATER SUPPLY
FOR SUCH SYSTEM, THAT FLUORIDATES A PUBLIC  WATER  SUPPLY  OR  CAUSES  A
PUBLIC WATER SUPPLY TO BE FLUORIDATED, SHALL DISCONTINUE THE ADDITION OF
A  FLUORIDE  COMPOUND  TO  SUCH  PUBLIC WATER SUPPLY UNLESS IT HAS FIRST
COMPLIED WITH THE FOLLOWING REQUIREMENTS:
  (A) ISSUE A NOTICE TO THE PUBLIC OF THE PRELIMINARY  DETERMINATION  TO
DISCONTINUE FLUORIDATION FOR COMMENT, WHICH SHALL INCLUDE THE JUSTIFICA-
TION  FOR  THE  PROPOSED  DISCONTINUANCE,  ALTERNATIVES  TO FLUORIDATION
AVAILABLE, AND A SUMMARY OF CONSULTATIONS WITH HEALTH PROFESSIONALS  AND
THE DEPARTMENT CONCERNING THE PROPOSED DISCONTINUANCE.  SUCH NOTICE MAY,
BUT  IS  NOT  REQUIRED  TO,  INCLUDE  PUBLICATION  IN  LOCAL NEWSPAPERS.
"CONSULTATIONS WITH HEALTH PROFESSIONALS" MAY INCLUDE FORMAL STUDIES  BY
HIRED  PROFESSIONALS,  INFORMAL  CONSULTATIONS  WITH LOCAL PUBLIC HEALTH
OFFICIALS  OR  OTHER  HEALTH  PROFESSIONALS,  OR  OTHER   CONSULTATIONS,
PROVIDED  THAT THE NATURE OF SUCH CONSULTATIONS AND THE IDENTITY OF SUCH
PROFESSIONALS SHALL BE IDENTIFIED IN THE PUBLIC NOTICE. "ALTERNATIVES TO
FLUORIDATION" MAY INCLUDE FORMAL ALTERNATIVES  PROVIDED  BY  OR  AT  THE
EXPENSE  OF  THE  COUNTY,  CITY,  TOWN OR VILLAGE, OR OTHER ALTERNATIVES
AVAILABLE TO THE PUBLIC. ANY PUBLIC COMMENTS  RECEIVED  IN  RESPONSE  TO
SUCH  NOTICE  SHALL BE ADDRESSED BY THE COUNTY, CITY, TOWN OR VILLAGE IN
THE ORDINARY COURSE OF BUSINESS; AND
  (B) PROVIDE THE DEPARTMENT AT LEAST NINETY DAYS PRIOR  WRITTEN  NOTICE
OF  THE  INTENT TO DISCONTINUE AND SUBMIT A PLAN FOR DISCONTINUANCE THAT
INCLUDES BUT IS NOT LIMITED TO THE NOTICE THAT WILL BE PROVIDED  TO  THE
PUBLIC, CONSISTENT WITH PARAGRAPH (A) OF THIS SUBDIVISION, OF THE DETER-

S. 2007--A                         71                         A. 3007--A

MINATION  TO DISCONTINUE FLUORIDATION OF THE WATER SUPPLY, INCLUDING THE
DATE OF SUCH DISCONTINUANCE AND ALTERNATIVES TO  FLUORIDATION,  IF  ANY,
THAT WILL BE MADE AVAILABLE IN THE COMMUNITY, AND THAT INCLUDES INFORMA-
TION AS MAY BE REQUIRED UNDER THE SANITARY CODE.
  4.  THE COMMISSIONER IS HEREBY AUTHORIZED, WITHIN AMOUNTS APPROPRIATED
THEREFOR, TO MAKE GRANTS TO COUNTIES, CITIES, TOWNS OR VILLAGES THAT OWN
THEIR PUBLIC WATER SYSTEM AND THE WATER SUPPLY FOR SUCH SYSTEM,  INCLUD-
ING  A  COUNTY  WHEREIN  A  PUBLIC  AUTHORITY OWNS BOTH ITS PUBLIC WATER
SYSTEM AND THE WATER SUPPLY FOR SUCH SYSTEM, FOR THE PURPOSE OF  PROVID-
ING  ASSISTANCE  TOWARDS  THE  COSTS  OF INSTALLATION, INCLUDING BUT NOT
LIMITED TO TECHNICAL AND ADMINISTRATIVE COSTS ASSOCIATED WITH  PLANNING,
DESIGN  AND  CONSTRUCTION,  AND  START-UP  OF  FLUORIDATION SYSTEMS, AND
REPLACING, REPAIRING OR UPGRADING OF  FLUORIDATION  EQUIPMENT  FOR  SUCH
PUBLIC  WATER  SYSTEMS. GRANT FUNDING SHALL NOT BE AVAILABLE FOR ASSIST-
ANCE TOWARDS THE COSTS AND EXPENSES OF  OPERATION  OF  THE  FLUORIDATION
SYSTEM,  AS  DETERMINED  BY THE DEPARTMENT. THE GRANT APPLICATIONS SHALL
INCLUDE SUCH INFORMATION AS REQUIRED BY THE COMMISSIONER. IN MAKING  THE
GRANT  AWARDS, THE COMMISSIONER SHALL CONSIDER THE DEMONSTRATED NEED FOR
INSTALLATION OF NEW FLUORIDATION EQUIPMENT OR  REPLACING,  REPAIRING  OR
UPGRADING OF EXISTING FLUORIDATION EQUIPMENT, AND SUCH OTHER CRITERIA AS
DETERMINED BY THE COMMISSIONER.  GRANT AWARDS SHALL BE MADE ON A COMPET-
ITIVE  BASIS  AND  BE SUBJECT TO SUCH CONDITIONS AS MAY BE DETERMINED BY
THE COMMISSIONER.
  S 2. This act shall take effect immediately.

                                 PART N

  Section 1. Purpose. The purpose of this act is to  seek  public  input
about  the  creation  of  an office of community living with the goal of
providing improvements in service delivery and improved program outcomes
that would result from the expansion  of  community  living  integration
services for older adults and persons of all ages with disabilities.
  S 2. Data and information collection. The director of the state office
for  the aging, in collaboration with other state agencies, will consult
with stakeholders, providers, individuals and their families  to  gather
data  and information on the creation of an office for community living.
Areas of focus shall include, but not  be  limited  to,  furthering  the
goals  of  the governor's Olmstead plan, strengthening the No Wrong Door
approach to accessing information and services, reinforcing  initiatives
of  the  Balancing  Incentive  Program, creating opportunities to better
leverage resources, evaluating methods  for  service  delivery  improve-
ments,  and  analyzing  the  fiscal impact of creating such an office on
services, individuals and providers.   The state office  for  the  aging
shall  also  examine  recent  federal  initiatives to create an adminis-
tration on community living; and examine other states' efforts to expand
services supporting  community  living  integration,  and  local  and/or
regional coordination efforts within New York.
  S  3.  Reporting. The director of the state office for the aging shall
submit to the governor, and to the temporary president of the senate and
the speaker of the assembly, a report and  recommendations  by  December
15,  2015,  that  outlines  the results and findings associated with the
aforementioned collection of data and  solicitation  of  feedback.  Such
report  shall  include discussion regarding the potential impact and the
feasibility of the expansion of  the  agency's  community  living  inte-
gration services beginning April 1, 2016.
  S 4. This act shall take effect immediately.

S. 2007--A                         72                         A. 3007--A

                                 PART O

  Section  1.  Section  1  of  part D of 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 as  amended
by  section 1 of part C of chapter 58 of the laws of 2014, is amended to
read as follows:
  Section 1. The office of mental health is authorized to recover  fund-
ing  from  community  residences  and  family-based  treatment providers
licensed by the office of mental  health,  consistent  with  contractual
obligations  of such providers, and notwithstanding any other inconsist-
ent provision of law to the contrary, in an amount equal to  50  percent
of  the income received by such providers which exceeds the fixed amount
of annual Medicaid revenue limitations, as established  by  the  commis-
sioner of mental health. Recovery of such excess income shall be for the
following  fiscal  periods:  for programs in counties located outside of
the city of New York, the applicable fiscal periods shall be January  1,
2003  through December 31, 2009 and January 1, 2011 through December 31,
[2015] 2016; and for programs located within the city of New  York,  the
applicable  fiscal  periods  shall be July 1, 2003 through June 30, 2010
and July 1, 2011 through June 30, [2015] 2016.
  S 2. This act shall take effect immediately.

                                 PART P

  Section 1. Subparagraph 9 of paragraph h of subdivision 4  of  section
1950 of the education law, as added by section 1 of part M of chapter 56
of the laws of 2012, is amended to read as follows:
  (9)  To  enter  into  contracts with the commissioner of the office of
mental health, to provide special education [and], related services  AND
ANY  ALTERNATIVE EDUCATION PROGRAMS PROVIDED BY THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES TO COMPONENT SCHOOL DISTRICTS, in  accordance  with
subdivision  six-b  of section thirty-two hundred two of this chapter to
patients hospitalized in hospitals operated  by  the  office  of  mental
health  who  are  between  the  ages of five and twenty-one who have not
received a high school diploma. Any  such  proposed  contract  shall  be
subject  to the review by the commissioner and his [and] OR her determi-
nation that it is an approved cooperative educational service.  Services
provided pursuant to such  contracts  shall  be  provided  at  cost  and
approved  by  the  commissioner  of  the office of mental health and the
director of the division of the budget, and  the  board  of  cooperative
educational  services  shall  not  be  authorized  to  charge  any costs
incurred in providing such services to its component school districts.
  S 2. The opening paragraph of subdivision 6-b of section 3202  of  the
education law, as added by section 2 of part M of chapter 56 of the laws
of 2012, is amended to read as follows:
  The  commissioner  of  mental  health  may meet his or her obligations
under section 33.11 of the mental hygiene law by contracting pursuant to
this subdivision for educational services for children between the  ages
of five and twenty-one who do not hold a high school diploma and who are
hospitalized  in  hospitals operated by the office of mental health with
the trustees or board of education of any  school  district  for  educa-
tional  services or with a board of cooperative educational services for
the provision of special  education  [and],  related  services  AND  ANY
ALTERNATIVE  EDUCATION  PROGRAMS  PROVIDED  BY  THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES TO COMPONENT SCHOOL DISTRICTS to such  children  in

S. 2007--A                         73                         A. 3007--A

accordance  with  their  individualized education programs. The costs of
such education shall not be a charge upon a school district pursuant  to
section 33.11 of the mental hygiene law.
  S  3.  Section  4 of part M of chapter 56 of the laws of 2012 amending
the education law, relating to authorizing contracts for  the  provision
of special education and related services for certain patients hospital-
ized in hospitals operated by the office of mental health, is amended to
read as follows:
  S 4. This act shall take effect July 1, 2012 and shall expire June 30,
[2015]  2018,  when  upon  such date the provisions of this act shall be
deemed repealed.
  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, 2015, provided,
however, that:
  a. The amendments to subparagraph 9 of paragraph h of subdivision 4 of
section  1950 of the education law made by section one of this act shall
not affect the repeal of such subparagraph and shall be deemed  repealed
therewith; and
  b.  The  amendments  to  the  opening  paragraph of subdivision 6-b of
section 3202 of the education law made by section two of this act  shall
not  affect  the repeal of such subdivision and shall be deemed repealed
therewith.

                                 PART Q

  Section 1. 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. PURSUANT TO THE PILOT PROGRAM, THE  PUBLIC
HEALTH  AND  HEALTH PLANNING COUNCIL SHALL APPROVE THE ESTABLISHMENT, IN
ACCORDANCE WITH THE PROVISIONS OF PARAGRAPHS (F), (G) AND  (H)  OF  THIS
SUBDIVISION  AND SUBDIVISION 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 BUSI-
NESS CORPORATION SHALL NOT BE ELIGIBLE TO PARTICIPATE IN THIS PROGRAM 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

S. 2007--A                         74                         A. 3007--A

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 HOSPITAL OR HOSPITALS;
  (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 HOSPITAL OR HOSPITALS ARE  LOCATED;
AND
  (F)  THE  SHORT-TERM  AND  LONG-TERM  INTERESTS OF THE BUSINESS CORPO-
RATION, INCLUDING BENEFITS THAT MAY ACCRUE TO THE  BUSINESS  CORPORATION
FROM ITS LONG-TERM PLANS.
  (2)  THE CONSIDERATION OF INTERESTS AND FACTORS IN THE MANNER REQUIRED
BY SUBPARAGRAPH 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) WHILE ANY DECISION TO APPROVE A BUSINESS  CORPORATION  UNDER  THIS
SECTION  MUST  WEIGH  AND  BALANCE  A  NUMBER OF FACTORS, IN DETERMINING
WHETHER TO APPROVE A BUSINESS CORPORATION UNDER THIS SECTION, THE PUBLIC
HEALTH AND HEALTH PLANNING COUNCIL, IN CONSULTATION WITH THE COMMISSION-
ER, SHALL CONSIDER THE EXTENT TO WHICH THE BUSINESS CORPORATION:
  (1) PROVIDES FOR EITHER EQUAL OR MAJORITY  GOVERNANCE  RIGHTS  OF  THE
NOT-FOR-PROFIT  HOSPITAL  PARTNER,  REGARDLESS OF EQUITY STAKES, THROUGH
WEIGHTED CLASS VOTING STRUCTURE OR OTHERWISE;
  (2) INCORPORATES A REPRESENTATIVE GOVERNANCE MODEL THAT:
  (A) CLEARLY DELINEATES AUTHORITY AND RESPONSIBILITY FOR THE HOSPITAL'S
OPERATIONS;
  (B) DEFINES MECHANISMS FOR  APPROVAL  OF  DESIGNATED  SHAREHOLDERS  OR
INVESTORS; AND
  (C)  RESERVES  POWERS GRANTED TO A LOCAL GOVERNING AUTHORITY TO ASSURE
ACCESS AND QUALITY;
  (3) IS INCORPORATED AS A BENEFIT CORPORATION UNDER THE BUSINESS CORPO-
RATION LAW;

S. 2007--A                         75                         A. 3007--A

  (4) COMMITS TO MAINTAINING OR ENHANCING EXISTING LEVELS  OF  SERVICES,
CHARITY CARE AND CORE COMMUNITY BENEFITS;
  (5)  IDENTIFIES  AN  ACTIONABLE  STRATEGY  TO  MONITOR AND MAINTAIN OR
IMPROVE QUALITY OF CARE;
  (6) EXPLAINS THE LEVEL OF CAPITAL  COMMITMENT  AND  THE  MECHANISM  OR
MECHANISMS  FOR  INFUSING CAPITAL INTO THE NOT-FOR-PROFIT HOSPITAL PART-
NER;
  (7) EXPLAINS HOW IT WILL RETAIN THE WORKFORCE, EITHER IN EXISTING JOBS
OR THROUGH RETRAINING, AND ADDRESSES OBLIGATIONS OWED TO EMPLOYEE  BENE-
FIT PLANS AND PENSIONS;
  (8) WILL CREATE A FOUNDATION TO ADDRESS THE PUBLIC HEALTH NEEDS OF THE
COMMUNITY; AND
  (9)  IDENTIFIES  HOW  PROFIT  DISTRIBUTIONS  SHALL BE MADE IN A WAY TO
ENSURE THAT THE COMMUNITY'S ACCESS TO QUALITY CARE  AND  CORE  COMMUNITY
BENEFITS ARE NOT COMPROMISED AND ACCESS TO CAPITAL IS NOT COMPROMISED.
  NONE  OF THE FOREGOING FACTORS SHALL BE DISPOSITIVE IN THE APPROVAL OR
DISAPPROVAL OF THE BUSINESS CORPORATION.
  (G) NO BUSINESS CORPORATION SHALL BE APPROVED UNDER THIS SECTION  THAT
FAILS TO:
  (1)  ATTEST  THAT  IT WILL PROVIDE THE NOT-FOR-PROFIT HOSPITAL PARTNER
WITH THE EXCLUSIVE AUTHORITY  OVER  FUNCTIONS  RELATING  TO  ITS  EXEMPT
STATUS;
  (2)  COMMIT  TO  ONGOING MONITORING AND REPORTING TO THE DEPARTMENT ON
QUALITY OF CARE, ACCESS TO SERVICES,  LOCAL  INVESTMENT,  AND  WORKFORCE
ISSUES, TO BE DEFINED BY THE COMMISSIONER; AND
  (3)  PROVIDE FOR A LOCAL ADVISORY BOARD CONSISTING OF COMMUNITY REPRE-
SENTATIVES, WHICH SHALL MAKE RECOMMENDATIONS ON MATTERS INCLUDING:
  (A) ADOPTING A MISSION, VISION AND VALUES STATEMENT;
  (B) MONITORING OPERATING PERFORMANCE;
  (C) ASSURING QUALITY OF CARE;
  (D) ENSURING MEDICAL STAFF COMPLY WITH JOINT COMMISSION REQUIREMENTS;
  (E) GRANTING MEDICAL STAFF PRIVILEGES;
  (F) FORMULATING STRATEGIC, OPERATIONAL AND CAPITAL PLANS;
  (G) NOMINATING ADVISORY BOARD MEMBERS;
  (H) APPROVING THE CHIEF EXECUTIVE OFFICER AND EVALUATING  HIS  OR  HER
PERFORMANCE; AND
  (I)  IDENTIFYING  AND  APPROVING  POLICIES  RELATING TO CORE COMMUNITY
SERVICES AND BENEFITS AND CHARITY CARE POLICIES.
  (H) ANY BUSINESS CORPORATION APPROVED UNDER THIS SECTION  MUST  ARTIC-
ULATE:
  (1)  THE TIME PERIOD IT EXPECTS TO KEEP ITS INVESTMENT IN THE HOSPITAL
OR HOSPITALS;
  (2) WHETHER IT WILL ALLOW A "BUY-BACK" OPTION  TO  ITS  NOT-FOR-PROFIT
HOSPITAL PARTNER OR BY AN EMPLOYEE OWNERSHIP PLAN;
  (3)  WHAT  SAFEGUARDS  IT  PLANS  TO PUT IN PLACE TO PROTECT ACCESS TO
SERVICES WHEN IT BEGINS TO NEGOTIATE WITH A SUBSEQUENT INVESTOR; AND
  (4)  THE  ROLE  OF  THE  NOT-FOR-PROFIT  HOSPITAL  PARTNER  IN   THOSE
DISCUSSIONS WITH A SUBSEQUENT INVESTOR.
  (I)  THE  BOARD  OF  DIRECTORS  OF  A BUSINESS CORPORATION ESTABLISHED
PURSUANT TO THIS SUBDIVISION SHALL BE DEEMED A "GOVERNING BODY" FOR  THE
PURPOSES  OF  SECTION  TWENTY-EIGHT  HUNDRED THREE-L OF THIS ARTICLE AND
SHALL COMPLY WITH THE PROVISIONS OF  SUCH  SECTION,  REGARDLESS  OF  THE
CORPORATION'S PROFIT-MAKING STATUS.
  (J)  A  SALE, LEASE, CONVEYANCE, EXCHANGE, TRANSFER, OR OTHER DISPOSI-
TION OF ALL OR SUBSTANTIALLY ALL OF THE ASSETS OF  THE  BUSINESS  CORPO-

S. 2007--A                         76                         A. 3007--A

RATION  SHALL NOT BE EFFECTIVE UNLESS THE TRANSACTION IS APPROVED BY THE
COMMISSIONER.
  NO SUCH TRANSACTION MAY OCCUR WITHIN THREE YEARS OF THE COMMISSIONER'S
APPROVAL  OF  THE  BUSINESS  CORPORATION'S  PARTICIPATION  IN THE DEMON-
STRATION PROJECT. IN APPROVING  SUCH  A  TRANSACTION,  THE  COMMISSIONER
SHALL CONSIDER, AMONG OTHER THINGS, WHETHER THE TRANSACTION:
  (1) IMPOSES SAFEGUARDS TO PROTECT QUALITY AND ACCESS TO CORE COMMUNITY
SERVICES DURING THE TRANSITION TO THE NEW INVESTOR;
  (2)  REQUIRES  THE  SUBSEQUENT  INVESTOR TO GUARANTEE ALL OBLIGATIONS,
INCLUDING THOSE DESCRIBED IN SUBPARAGRAPH SEVEN OF PARAGRAPH (F) OF THIS
SUBDIVISION;
  (3) WILL MAINTAIN THE HOSPITAL GOVERNANCE STRUCTURE AND LOCAL  GOVERN-
ING BOARD'S POWERS; AND
  (4) IMPOSES MINIMUM CAPITALIZATION CRITERIA POST-TRANSACTION.
  (K)  NO  LATER  THAN THREE YEARS AFTER THE ESTABLISHMENT OF A BUSINESS
CORPORATION UNDER THIS SUBDIVISION, THE COMMISSIONER SHALL  PROVIDE  THE
GOVERNOR,  THE  TEMPORARY PRESIDENT 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 AND THE IMPACT SUCH ACCESS MAY HAVE ON THE
QUALITY OF CARE PROVIDED BY HOSPITALS OPERATED BY BUSINESS  CORPORATIONS
ESTABLISHED UNDER THIS SUBDIVISION.
  S  2.  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 3. 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 4. This act shall take effect immediately.

                                 PART R

  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, as amended by
section  1  of  part  B of chapter 58 of the laws of 2014, is amended to
read as follows:
  S 3. This act shall take effect immediately; and shall expire  and  be
deemed repealed June 30, [2015] 2018.
  S 2. This act shall take effect immediately.

                                 PART S

  Section 1. Section 366 of the social services law is amended by adding
a new subdivision 7-a to read as follows:

S. 2007--A                         77                         A. 3007--A

  7-A.  A.  THE  COMMISSIONER OF HEALTH IN CONSULTATION WITH THE COMMIS-
SIONER OF DEVELOPMENTAL DISABILITIES SHALL APPLY FOR A HOME AND COMMUNI-
TY-BASED WAIVER, PURSUANT TO SUBDIVISION (C) OF SECTION NINETEEN HUNDRED
FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT, IN ORDER TO PROVIDE HOME AND
COMMUNITY-BASED  SERVICES FOR A POPULATION OF PERSONS WITH DEVELOPMENTAL
DISABILITIES, AS SUCH TERM IS DEFINED IN  SECTION  1.03  OF  THE  MENTAL
HYGIENE LAW.
  B. PERSONS ELIGIBLE FOR PARTICIPATION IN THE WAIVER PROGRAM SHALL:
  (I)  HAVE A DEVELOPMENTAL DISABILITY AS SUCH TERM IS DEFINED IN SUBDI-
VISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE LAW;
  (II) MEET THE LEVEL OF CARE CRITERIA PROVIDED BY AN INTERMEDIATE  CARE
FACILITY FOR THE DEVELOPMENTALLY DISABLED;
  (III) BE ELIGIBLE FOR MEDICAID;
  (IV)  LIVE  AT  HOME  OR IN AN INDIVIDUALIZED RESIDENTIAL ALTERNATIVE,
COMMUNITY RESIDENCE OR FAMILY CARE HOME, OPERATED, FUNDED OR LICENSED BY
THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES OR OTHER APPROPRI-
ATE COMMUNITY SETTING AS DEFINED IN REGULATION BY  THE  COMMISSIONER  OF
DEVELOPMENTAL DISABILITIES;
  (V)  BE  CAPABLE  OF BEING CARED FOR IN THE COMMUNITY IF PROVIDED WITH
SUCH SERVICES AS RESPITE, HOME ADAPTATION, OR OTHER HOME AND  COMMUNITY-
BASED  SERVICES,  OTHER  THAN  ROOM AND BOARD, AS MAY BE APPROVED BY THE
SECRETARY OF THE FEDERAL DEPARTMENT OF HEALTH  AND  HUMAN  SERVICES,  IN
ADDITION  TO  OTHER SERVICES PROVIDED UNDER THIS TITLE, AS DETERMINED BY
THE ASSESSMENT REQUIRED BY PARAGRAPH C OF THIS SUBDIVISION;
  (VI) HAVE A DEMONSTRATED NEED FOR  HOME  AND  COMMUNITY  BASED  WAIVER
SERVICES; AND
  (VII)  MEET  SUCH  OTHER CRITERIA AS MAY BE ESTABLISHED BY THE COMMIS-
SIONER OF HEALTH AND THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES,  AS
MAY BE NECESSARY TO ADMINISTER THE PROVISIONS OF THIS SUBDIVISION.
  C.  THE  COMMISSIONER  OF  DEVELOPMENTAL DISABILITIES SHALL ASSESS THE
ELIGIBILITY OF PERSONS ENROLLED, OR SEEKING TO  ENROLL,  IN  THE  WAIVER
PROGRAM.  THE  ASSESSMENT  SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, AN
EVALUATION OF THE HEALTH, PSYCHO-SOCIAL, DEVELOPMENTAL, HABILITATION AND
ENVIRONMENTAL NEEDS OF THE PERSON AND SHALL SERVE AS THE BASIS  FOR  THE
DEVELOPMENT  AND  PROVISION  OF  AN  APPROPRIATE  PLAN  OF CARE FOR SUCH
PERSON.
  D. THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES SHALL  UNDER-
TAKE  OR  ARRANGE FOR THE DEVELOPMENT OF A WRITTEN PLAN OF CARE FOR EACH
PERSON ENROLLED IN THE WAIVER. SUCH PLAN  OF  CARE  SHALL  DESCRIBE  THE
PROVISION  OF  HOME  AND COMMUNITY BASED WAIVER SERVICES CONSISTENT WITH
THE ASSESSMENT FOR EACH PERSON.
  E. THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES SHALL  REVIEW
THE  PLAN  OF CARE AND AUTHORIZE THOSE HOME AND COMMUNITY BASED SERVICES
TO BE INCLUDED IN THE PLAN OF CARE, TAKING  INTO  ACCOUNT  THE  PERSON'S
ASSESSED NEEDS, VALUED OUTCOMES AND AVAILABLE RESOURCES.
  F.  THE  COMMISSIONERS  OF DEVELOPMENTAL DISABILITIES AND HEALTH SHALL
DETERMINE QUALITY STANDARDS FOR ORGANIZATIONS PROVIDING  SERVICES  UNDER
SUCH  WAIVER  AND SHALL AUTHORIZE ORGANIZATIONS THAT MEET SUCH STANDARDS
TO PROVIDE SUCH SERVICES.
  G. THE  COMMISSIONER  OF  DEVELOPMENTAL  DISABILITIES  OR  HEALTH  MAY
PROMULGATE   RULES  AND  REGULATIONS  AS  NECESSARY  TO  EFFECTUATE  THE
PROVISIONS OF THIS SECTION.
  H. THIS SUBDIVISION SHALL BE EFFECTIVE ONLY IF, AND AS LONG AS, FEDER-
AL FINANCIAL PARTICIPATION IS AVAILABLE FOR EXPENDITURES INCURRED  UNDER
THIS SUBDIVISION.

S. 2007--A                         78                         A. 3007--A

  S  2.  Paragraph  (a)  of  subdivision  4 of section 488 of the social
services law, as added by section 1 of part B of chapter 501 of the laws
of 2012, is amended to read as follows:
  (a)  a facility or program in which services are provided and which is
operated, licensed or certified by the  office  of  mental  health,  the
office for people with developmental disabilities or the office of alco-
holism  and  substance  abuse  services,  including  but  not limited to
psychiatric centers, inpatient psychiatric units of a general  hospital,
developmental  centers,  intermediate  care  facilities, community resi-
dences, group homes and family care homes, provided, however, that  such
term shall not include a secure treatment facility as defined in section
10.03  of  the mental hygiene law, SERVICES DEFINED IN SUBPARAGRAPH FOUR
OF SUBDIVISION (A) OF SECTION  16.03  OF  THE  MENTAL  HYGIENE  LAW,  or
services  provided  in  programs  or facilities that are operated by the
office of mental health and located  in  state  correctional  facilities
under  the  jurisdiction  of the department of corrections and community
supervision;
  S 3. Subdivision 2 of section 550 of the executive law,  as  added  by
section  3  of  part A of chapter 501 of the laws of 2012, is amended to
read as follows:
  2. "Mental hygiene facility" shall  mean  a  facility  as  defined  in
subdivision six of section 1.03 of the mental hygiene law and facilities
for the operation of which an operating certificate is required pursuant
to article sixteen or thirty-one of the mental hygiene law and including
family  care homes. "Mental hygiene facility" also means a secure treat-
ment facility as defined by article ten of the mental hygiene law.  THIS
TERM SHALL NOT INCLUDE SERVICES DEFINED IN SUBPARAGRAPH FOUR OF SUBDIVI-
SION (A) OF SECTION 16.03 OF THE MENTAL HYGIENE LAW.
  S 4. Subdivisions 3, 4, 5 and 22 of section 1.03 of the mental hygiene
law, subdivision 3 as amended by chapter 223 of the laws of 1992, subdi-
vision 4 as added by chapter 978 of the laws of 1977, subdivision  5  as
amended by chapter 75 of the laws of 2006, and subdivision 22 as amended
by chapter 255 of the laws of 2002, are amended to read as follows:
  3.  "Mental  disability"  means  mental  illness, [mental retardation]
INTELLECTUAL DISABILITY, developmental disability, alcoholism, substance
dependence, or chemical dependence. [A mentally disabled person  is  one
who has a mental disability.]
  4.  "Services  for [the mentally disabled] PERSONS WITH A MENTAL DISA-
BILITY" means examination, diagnosis, care,  treatment,  rehabilitation,
SUPPORTS, HABILITATION or training of the mentally disabled.
  5.  "Provider  of  services"  means an individual, association, corpo-
ration, partnership, limited liability company,  or  public  or  private
agency,  other than an agency or department of the state, which provides
services for [the mentally disabled] PERSONS WITH A  MENTAL  DISABILITY.
It  shall not include any part of a hospital as defined in article twen-
ty-eight of the public health law which is not being  operated  for  the
purpose  of providing services for the mentally disabled. No provider of
services shall be subject to the regulation or control of the department
or one of its offices except as such regulation or control  is  provided
for by other provisions of this chapter.
  22. "Developmental disability" means a disability of a person which:
  (a) (1) is attributable to [mental retardation] INTELLECTUAL DISABILI-
TY, cerebral palsy, epilepsy, neurological impairment, familial dysauto-
nomia or autism;
  (2)  is  attributable  to  any other condition of a person found to be
closely related to [mental retardation] INTELLECTUAL DISABILITY  because

S. 2007--A                         79                         A. 3007--A

such  condition  results  in  similar impairment of general intellectual
functioning or adaptive behavior to that of [mentally  retarded]  INTEL-
LECTUALLY DISABLED persons or requires treatment and services similar to
those required for such person; or
  (3)  is attributable to dyslexia resulting from a disability described
in subparagraph (1) or (2) of this paragraph;
  (b) originates before such person attains age twenty-two;
  (c) has continued or can be expected to continue indefinitely; and
  (d) constitutes a substantial handicap to  such  person's  ability  to
function normally in society.
  S 5. Intentionally omitted.
  S  6.  Subdivision  (a)  of section 16.03 of the mental hygiene law is
amended by adding a new paragraph 4 to read as follows:
  (4) THE PROVISION OF HOME AND COMMUNITY BASED SERVICES APPROVED  UNDER
A WAIVER PROGRAM AUTHORIZED PURSUANT TO SUBDIVISION (C) OF SECTION NINE-
TEEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT AND SUBDIVISIONS
SEVEN  AND  SEVEN-A  OF  SECTION  THREE  HUNDRED SIXTY-SIX OF THE SOCIAL
SERVICES LAW.
  S 7. Section 16.03 of the mental hygiene law is amended  by  adding  a
new subdivision (f) to read as follows:
  (F)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
PROVISION OF LICENSED PROFESSIONAL SERVICES, INCLUDING, BUT NOT  LIMITED
TO, PSYCHOLOGY, NURSING, SOCIAL WORK, SPEECH-LANGUAGE PATHOLOGY, OCCUPA-
TIONAL  THERAPY, PHYSICAL THERAPY AND APPLIED BEHAVIORAL ANALYSIS, SHALL
BE AUTHORIZED AS PART OF THE PROGRAMS CERTIFIED PURSUANT TO  THIS  ARTI-
CLE.
  S 8. Subdivision (a), paragraphs 2, 3, and 6 of subdivision (c), para-
graphs  1 and 4 of subdivision (d), subdivision (e), and subdivision (i)
of section 16.05 of the mental hygiene law, subdivision (a),  paragraphs
2,  3,  and  6 of subdivision (c), paragraphs 1 and 4 of subdivision (d)
and subdivision (e) as added by chapter 786 of the laws of  1983,  para-
graph  6 of subdivision (c) and paragraph 4 of subdivision (d) as renum-
bered by chapter 618 of the laws of 1990, and subdivision (i) as amended
by chapter 37 of the laws of 2011, are amended to read as follows:
  (a)(1) Application for an operating certificate  shall  be  made  upon
forms prescribed by the commissioner.
  (2)  Application shall be made by the person or entity responsible for
operation of the facility OR  PROVISION  OF  SERVICES  AS  DESCRIBED  IN
SUBDIVISION  FOUR  OF SECTION 16.03 OF THIS ARTICLE.  Applications shall
be in writing, shall be verified and shall contain such  information  as
required by the commissioner.
  (2)  The  character,  competence  and standing in the community of the
person or entity responsible for operating  the  facility  OR  PROVIDING
SERVICES;
  (3)  The  financial  resources of the proposed facility OR PROVIDER OF
SERVICES and its sources of future revenues;
  (6) In the case of residential facilities, that arrangements have been
made with other providers of  services  for  the  provision  of  health,
habilitation,  day treatment, education, sheltered workshop, transporta-
tion or other services  as  may  be  necessary  to  meet  the  needs  of
[clients] INDIVIDUALS who will reside in the facility; and
  (1)  the  financial  resources of the proposed facility OR PROVIDER OF
SERVICES and its sources of future revenues;
  (4) in the case of residential facilities, that arrangements have been
made with other providers of  services  for  the  provision  of  health,
habilitation,  day treatment, education, sheltered workshop, transporta-

S. 2007--A                         80                         A. 3007--A

tion or other services  as  may  be  necessary  to  meet  the  needs  of
[clients] INDIVIDUALS who will reside in the facility; and
  (e)  The  commissioner  may disapprove an application for an operating
certificate, may authorize fewer services  than  applied  for,  and  may
place  limitations or conditions on the operating certificate including,
but not limited to compliance with a time limited plan of correction  of
any  deficiency  which does not threaten the health or well-being of any
[client] INDIVIDUALS.  In such cases the applicant  shall  be  given  an
opportunity  to be heard, at a public hearing if requested by the appli-
cant.
  (i) In the event that the holder of an  operating  certificate  for  a
residential facility issued by the commissioner pursuant to this article
wishes  to  cease  the operation or conduct of any of the activities, as
defined in paragraph one OR FOUR of subdivision (a) of section 16.03  of
this  article,  for  which  such certificate has been issued or to cease
operation of any one or more of facilities for  which  such  certificate
has  been  issued; wishes to transfer ownership, possession or operation
of the premises and facilities upon  which  such  activities  are  being
conducted  or  to transfer ownership, possession or operation of any one
or more of the premises or facilities for  which  such  certificate  has
been  issued; or elects not to apply to the commissioner for re-certifi-
cation upon the expiration of any current period  of  certification,  it
shall be the duty of such certificate holder to give to the commissioner
written  notice  of such intention not less than sixty days prior to the
intended effective date of such transaction. Such notice shall set forth
a detailed plan which makes provision for the safe and orderly  transfer
of  each  person  with a developmental disability served by such certif-
icate holder pursuant to such certificate into  a  program  of  services
appropriate  to  such  person's on-going needs and/or for the continuous
provision of a lawfully operated program of such activities and services
at the premises and facilities to be conveyed by the certificate holder.
Such certificate holder shall not cease to provide any such services  to
any such person with a developmental disability under any of the circum-
stances  described  in  this  section until the notice and plan required
hereby are received, reviewed and approved by the commissioner. For  the
purposes  of this paragraph, the requirement of prior notice and contin-
uous provision of programs and services by the certificate holder  shall
not  apply  to  those  situations  and changes in circumstances directly
affecting the certificate holder that are not reasonably foreseeable  at
the  time  of  occurrence, including, but not limited to, death or other
sudden incapacitating disability or infirmity. Written notice  shall  be
given  to  the commissioner as soon as reasonably possible thereafter in
the manner set forth within this subdivision.
  S 9. Paragraph 1 of subdivision (a) of section  16.09  of  the  mental
hygiene  law, as added by chapter 786 of the laws of 1983, is amended to
read as follows:
  (1) "Facility" is limited to a facility in which services are  offered
for  which an operating certificate is required by this article. For the
purposes of this section facility shall include family  care  homes  BUT
SHALL  NOT  INCLUDE  THE  PROVISION OF SERVICES, AS DEFINED IN PARAGRAPH
FOUR OF SUBDIVISION (A) OF SECTION 16.03 OF THIS ARTICLE, OUTSIDE  OF  A
FACILITY.
  S  10. The section heading and subdivision (a) of section 16.11 of the
mental hygiene law are REPEALED and a new section heading  and  subdivi-
sion (a) are added to read as follows:

S. 2007--A                         81                         A. 3007--A

  OVERSIGHT  OF  FACILITIES  AND  SERVICES.   (A) THE COMMISSIONER SHALL
PROVIDE FOR THE OVERSIGHT OF FACILITIES AND PROVIDERS OF SERVICES  HOLD-
ING OPERATING CERTIFICATES PURSUANT TO SECTION 16.03 OF THIS ARTICLE AND
SHALL  PROVIDE FOR THE ANNUAL REVIEW OF SUCH FACILITIES AND PROVIDERS IN
IMPLEMENTING  THE  REQUIREMENTS  OF  THE OFFICE AND IN PROVIDING QUALITY
CARE AND PERSON CENTERED AND COMMUNITY BASED SERVICES.
  (1) THE REVIEW OF FACILITIES ISSUED AN OPERATING CERTIFICATE  PURSUANT
TO THIS ARTICLE SHALL INCLUDE A SITE VISIT TO OCCUR AT LEAST ONCE DURING
EACH  CALENDAR  YEAR  AND SHALL BE WITHOUT PRIOR NOTICE. AREAS OF REVIEW
SHALL INCLUDE, BUT NOT BE LIMITED TO, A REVIEW OF A FACILITY'S: PHYSICAL
PLANT, FIRE SAFETY PROCEDURES, HEALTH CARE, PROTECTIVE OVERSIGHT,  ABUSE
AND NEGLECT PREVENTION, AND REPORTING PROCEDURES.
  (2)  THE REVIEW OF PROVIDERS OF SERVICES, AS DEFINED IN PARAGRAPH FOUR
OF SUBDIVISION (A) OF SECTION 16.03 OF THIS ARTICLE, SHALL  ENSURE  THAT
THE  PROVIDER  OF  SERVICES  COMPLIES  WITH  ALL THE REQUIREMENTS OF THE
APPLICABLE FEDERAL HOME AND COMMUNITY BASED SERVICES WAIVER PROGRAM  AND
APPLICABLE FEDERAL REGULATION, SUBDIVISIONS SEVEN AND SEVEN-A OF SECTION
THREE  HUNDRED  SIXTY-SIX OF THE SOCIAL SERVICES LAW AND RULES AND REGU-
LATIONS ADOPTED BY THE COMMISSIONER.
  S 11. Subdivisions (b), (c), (d), and (e)  of  section  16.11  of  the
mental hygiene law, subdivision (b) as amended by chapter 37 of the laws
of  2011,  and  subdivisions (c), (d) and (e) as added by chapter 786 of
the laws of 1983, are amended to read as follows:
  (b) The commissioner shall have the power  to  conduct  investigations
into  the  operations of any PROVIDER OF SERVICE, person or entity which
holds an operating certificate issued by the office, into the  operation
of  any  facility, SERVICE or program issued an operating certificate by
the office and into the operations, related to the provision of services
regulated by this chapter, of any person or entity providing a residence
for one or more unrelated persons with developmental disabilities.
  (c) In conducting an inspection or investigation, the commissioner  or
his  OR  HER  authorized  representative shall have the power to inspect
facilities, conduct interviews of clients, interview personnel,  examine
and  copy  all  records,  including financial and medical records of the
facility OR PROVIDER OF SERVICES, and obtain such other  information  as
may  be required in order to carry out his OR HER responsibilities under
this chapter.
  (d) In conducting any inspection or investigation under this  chapter,
the commissioner or his OR HER authorized representative is empowered to
subpoena   witnesses,  compel  their  attendance,  administer  oaths  to
witnesses, examine witnesses under oath, and require the  production  of
any books or papers deemed relevant to the investigation, inspection, or
hearing.  A subpoena issued under this section shall be regulated by the
civil practice law and rules.
  (e) The supreme court  may  enjoin  persons  or  entities  subject  to
inspection  or  investigation pursuant to this article to cooperate with
the commissioner and to allow the commissioner access  to  PROVIDERS  OF
SERVICES,  facilities,  records,  clients  and personnel as necessary to
enable the commissioner to conduct the inspection or investigation.
  S 12. Section 16.17 of the mental hygiene law, as added by chapter 786
of the laws of 1983, subdivision (a) and paragraph 2 and subparagraph  b
of paragraph 1 of subdivision (b) as amended and subparagraph d of para-
graph  1  of subdivision (b) as relettered by chapter 169 of the laws of
1992, subdivision (b) as amended by chapter 856 of the laws of 1985, the
opening paragraph and subparagraph c of paragraph 1 of  subdivision  (b)
as  amended  by  chapter 37 of the laws of 2011, subparagraph d of para-

S. 2007--A                         82                         A. 3007--A

graph 1 of subdivision (b) as added by chapter 618 of the laws of  1990,
paragraph  4 of subdivision (b) as amended by chapter 168 of the laws of
2010, paragraph 1 of subdivision (f) as amended by chapter  601  of  the
laws  of  2007,  subdivision (g) as amended by chapter 24 of the laws of
2007, and subdivision (h) as amended by chapter 306 of the laws of 1995,
is amended to read as follows:
S 16.17 Suspension, revocation, or limitation of  an  operating  certif-
          icate.
  (a)  The  commissioner  may  revoke,  suspend,  or  limit an operating
certificate or impose the penalties described in subparagraph a, b, c or
d of paragraph one of subdivision (b) or  in  subdivision  (g)  of  this
section  upon  a  determination  that  the holder of the certificate has
failed to comply with the terms of its operating certificate or with the
provisions of any applicable statute, rule or regulation. The holder  of
the  certificate  shall  be  given notice and an opportunity to be heard
prior to any such determination except that no such notice and  opportu-
nity  to be heard shall be necessary prior to an emergency suspension or
limitation of the facility's OR PROVIDER OF SERVICES' operating  certif-
icate  imposed  pursuant  to  paragraph  one  of subdivision (b) of this
section, nor shall such notice and opportunity to be heard be  necessary
should the commissioner, in his OR HER discretion, decide to issue sepa-
rate  operating  certificates  to  each facility OR PROVIDER OF SERVICES
formerly included under the services authorized by one operating certif-
icate to the provider of services.
  (b) (1) An operating  certificate  may  be  temporarily  suspended  or
limited without a prior hearing for a period not in excess of sixty days
upon  written notice to the facility OR PROVIDER OF SERVICES following a
finding by the office for people with developmental disabilities that  a
[client's]  INDIVIDUAL'S  health  or  safety is in imminent danger. Upon
such finding and notice, the power of the  commissioner  temporarily  to
suspend  or  limit an operating certificate shall include, but shall not
be limited to, the power to:
  a. Prohibit or limit the placement of new [clients] INDIVIDUALS in the
facility OR SERVICES;
  b. Remove or cause to be removed some or all of the [clients] INDIVID-
UALS in the facility OR SERVICES;
  c. Suspend or limit or cause to be suspended or limited the payment of
any governmental funds to the facility OR PROVIDER OF SERVICES  provided
that  such action shall not in any way jeopardize the health, safety and
welfare of any person with a developmental disability in such program or
facility OR SERVICES;
  d. Prohibit or limit  the  placement  of  new  [clients]  INDIVIDUALS,
remove  or  cause  to  be  removed some or all [clients] INDIVIDUALS, or
suspend or limit or cause to be suspended or limited the payment of  any
governmental  funds,  in  or  to  any  one  or more of the facilities OR
PROVIDER OF SERVICES authorized pursuant  to  an  operating  certificate
[issued to a provider of services].
  (2)  At  any  time  subsequent  to the suspension or limitation of any
operating certificate pursuant to  paragraph  one  of  this  subdivision
where  said  suspension or limitation is the result of correctable phys-
ical plant, staffing or program deficiencies, the facility  OR  PROVIDER
OF SERVICES may request the office to [reinspect] REVIEW the facility OR
PROVIDER  OF  SERVICES to redetermine whether a physical plant, staffing
or program deficiency continues to exist. After the receipt  of  such  a
request, the office shall [reinspect] REVIEW the facility OR PROVIDER OF
SERVICES  within  ten  days  and  in the event that the previously found

S. 2007--A                         83                         A. 3007--A

physical plant, staffing or program deficiency has been  corrected,  the
suspension  or  limitation  shall  be  withdrawn. If the physical plant,
staffing or program deficiency has not been corrected, the  commissioner
shall  not  thereafter be required to [reinspect] REVIEW the facility OR
PROVIDER OF SERVICES during the emergency period of suspension or  limi-
tation.
  (3)  During the sixty day suspension or limitation period provided for
in paragraph one of this subdivision the  commissioner  shall  determine
whether  to  reinstate  or  remove  the limitations on the facility's OR
PROVIDER OF SERVICES' operating certificate or  to  revoke,  suspend  or
limit  the  operating  certificate  pursuant  to subdivision (a) of this
section. Should the commissioner choose to revoke, suspend or limit  the
operating  certificate,  then  the  emergency  suspension  or limitation
provided for in this subdivision shall  remain  in  effect  pending  the
outcome  of  an  administrative hearing on the revocation, suspension or
limitation.
  (4) The facility operator OR PROVIDER OF SERVICES, within ten days  of
the  date  when the emergency suspension or limitation pursuant to para-
graph one of this subdivision is first imposed, may request an evidenti-
ary hearing to contest the validity of the emergency suspension or limi-
tation. Such an evidentiary hearing shall commence within  ten  days  of
the  facility  operator's  OR  PROVIDER'S  request and no request for an
adjournment shall be granted without the  concurrence  of  the  facility
operator  OR  PROVIDER  OF SERVICE, office for people with developmental
disabilities, and the hearing officer. The evidentiary hearing shall  be
limited  to  those  violations  of federal and state law and regulations
that existed at the time of the emergency suspension or  limitation  and
which gave rise to the emergency suspension or limitation. The emergency
suspension  or  limitation shall be upheld upon a determination that the
office for people with developmental disabilities had  reasonable  cause
to  believe that a [client's] INDIVIDUAL'S health or safety was in immi-
nent danger. A record of such hearing shall be  made  available  to  the
facility  operator  OR  PROVIDER  OF  SERVICE  upon  request. Should the
commissioner determine to revoke, suspend or limit [the  facility's]  AN
operating  certificate  pursuant  to subdivision (a) of this section, no
administrative hearing on  that  action  shall  commence  prior  to  the
conclusion  of  the  evidentiary hearing. The commissioner shall issue a
ruling within ten days  after  the  receipt  of  the  hearing  officer's
report.
  (c)  When  the  holder  of  an  operating certificate shall request an
opportunity to be heard, the commissioner shall fix a time and place for
the hearing. A copy of the charges, together with the notice of the time
and place of the hearing, shall be served in person or mailed by  regis-
tered or certified mail to the facility OR PROVIDER OF SERVICES at least
ten days before the date fixed for the hearing. The facility OR PROVIDER
OF  SERVICES  shall file with the office, not less than three days prior
to the hearing, a written answer to the charges.
  (d) (1) When a hearing must be afforded pursuant to  this  section  or
other  provisions  of  this article, the commissioner, acting as hearing
officer, or any person designated by him  OR  HER  as  hearing  officer,
shall have power to:
  a. administer oaths and affirmations;
  b. issue subpoenas, which shall be regulated by the civil practice law
and rules;
  c. take testimony; or
  d. control the conduct of the hearing.

S. 2007--A                         84                         A. 3007--A

  (2)  The  rules  of  evidence  observed by courts need not be observed
except that the rules of privilege recognized by law shall be respected.
Irrelevant or unduly repetitious evidence may be excluded.
  (3)  All  parties  shall  have the right of counsel and be afforded an
opportunity to present evidence and cross-examine witnesses.
  (4) If evidence at the hearing relates to the identity, condition,  or
clinical  record  of  [a  client] AN INDIVIDUAL, the hearing officer may
exclude all persons from the room  except  parties  to  the  proceeding,
their  counsel  and the witness. The record of such proceeding shall not
be available to anyone outside the office, other than  a  party  to  the
proceeding or his counsel, except by order of a court of record.
  (5)  The  commissioner may establish regulations to govern the hearing
procedure and the process of determination of the proceeding.
  (6) The commissioner shall issue a ruling within ten  days  after  the
termination of the hearing or, if a hearing officer has been designated,
within ten days from the hearing officer's report.
  (e)  All orders or determinations hereunder shall be subject to review
as provided in article seventy-eight  of  the  civil  practice  law  and
rules.
  (f)  (1)  Except  as  provided  in  paragraph two of this subdivision,
anything contained in this section to the contrary  notwithstanding,  an
operating  certificate  of  a  facility  OR PROVIDER OF SERVICE shall be
revoked upon a finding by the office that any individual,  member  of  a
partnership or shareholder of a corporation to whom or to which an oper-
ating certificate has been issued, has been convicted of a class A, B or
C  felony  or  a  felony  related  in any way to any activity or program
subject to the regulations, supervision, or administration of the office
or of the office of temporary and disability assistance, the  department
of  health, or another office of the department of mental hygiene, or in
violation of the public officers law in a court of  competent  jurisdic-
tion  of  the  state,  or  in a court in another jurisdiction for an act
which would have been a class A, B or C felony in this state or a felony
in any way related to any activity or program which would be subject  to
the  regulations, supervision, or administration of the office or of the
office of temporary and disability assistance, the department of health,
or another office of the department of mental hygiene,  or  for  an  act
which would be in violation of the public officers law. The commissioner
shall  not  revoke or limit the operating certificate of any facility OR
PROVIDER OF SERVICE, solely because of the conviction,  whether  in  the
courts of this state or in the courts of another jurisdiction, more than
ten  years prior to the effective date of such revocation or limitation,
of any person of a felony, or what would amount to a felony if committed
within the state, unless the commissioner  makes  a  determination  that
such  conviction  was  related  to an activity or program subject to the
regulations, supervision, and administration of the  office  or  of  the
office of temporary and disability assistance, the department of health,
or  another  office of the department of mental hygiene, or in violation
of the public officers law.
  (2) In the event one or more members of a partnership or  shareholders
of  a  corporation shall have been convicted of a felony as described in
paragraph one of this subdivision, the commissioner shall,  in  addition
to  his OR HER other powers, limit the existing operating certificate of
such partnership or corporation so that  it  shall  apply  only  to  the
remaining  partner  or  shareholders,  as the case may be, provided that
every such convicted person immediately and completely ceases and  with-
draws from participation in the management and operation of the facility

S. 2007--A                         85                         A. 3007--A

OR  PROVIDER OF SERVICES and further provided that a change of ownership
or transfer of stock is completed without delay, and provided that  such
partnership  or  corporation shall immediately reapply for a certificate
of  operation pursuant to subdivision (a) of section 16.05 of this arti-
cle.
  (g) The commissioner may impose a fine upon a finding that the  holder
of  the certificate has failed to comply with the terms of the operating
certificate or with the provisions of any applicable  statute,  rule  or
regulation.  The  maximum  amount  of  such  fine  shall be one thousand
dollars per day or fifteen thousand dollars per violation.
  Such penalty may be recovered by an action brought by the commissioner
in any court of competent jurisdiction OR  BY  OFFSETTING  SUCH  PENALTY
AGAINST A FUTURE MEDICAID OR OFFICE PAYMENT TO SUCH PROVIDER.
  Such penalty may be released or compromised by the commissioner before
the  matter  has been referred to the attorney general. Any such penalty
may be released or compromised and any action commenced to  recover  the
same  may  be  settled  or discontinued by the attorney general with the
consent of the commissioner.
  (h) Where a proceeding has been brought pursuant to section  16.27  of
this article, and a receiver appointed pursuant thereto, the commission-
er  may  assume  operation of the facility subject to such receivership,
upon termination of such receivership, and upon  showing  to  the  court
having  jurisdiction  over  such  receivership that no voluntary associ-
ation, not-for-profit corporation or other appropriate provider is will-
ing to assume operation of the facility subject to receivership  and  is
capable  of  meeting the requirements of this article; provided that the
commissioner notifies the  chairman  of  the  assembly  ways  and  means
committee, the chairman of the senate finance committee and the director
of the budget of his intention to assume operation of such facility upon
service  of  the  order  to show cause upon the owner or operator of the
facility, pursuant to subdivision (b) of section 16.27 of this article.
  S 13. Paragraph 5 of subdivision (a) of section 16.29  of  the  mental
hygiene  law,  as  amended  by section 9 of part C of chapter 501 of the
laws of 2012, is amended to read as follows:
  (5) removing a service recipient when it is determined that there is a
risk to such person if he or she continues to remain in  a  facility  OR
SERVICE PROGRAM; and
  S 14. Paragraph (ii) of subdivision (c) of section 16.29 of the mental
hygiene  law,  as  amended  by section 9 of part C of chapter 501 of the
laws of 2012, is amended to read as follows:
  (ii) development and implementation of a plan of prevention and  reme-
diation, in the event an investigation of a report of an alleged report-
able  incident  exists and such reportable incident may be attributed in
whole or in part  to  noncompliance  by  the  facility  OR  PROVIDER  OF
SERVICES  with  the  provisions  of  this  chapter or regulations of the
office applicable to the operation  of  such  facility  OR  PROVIDER  OF
SERVICES.   Any plan of prevention and remediation required to be devel-
oped pursuant to this subdivision by a facility supervised by the office
shall be submitted to and approved by such  office  in  accordance  with
time limits established by regulations of such office. Implementation of
the  plan  shall be monitored by such office. In reviewing the continued
qualifications of a residential facility  OR  PROVIDER  OF  SERVICES  or
program  for  an  operating  certificate, the office shall evaluate such
facility's OR PROVIDER OF SERVICE'S compliance with plans of  prevention
and remediation developed and implemented pursuant to this subdivision.
  S 15. This act shall take effect immediately.

S. 2007--A                         86                         A. 3007--A

                                 PART T

  Section 1. Subdivision (a) of section 41.35 of the mental hygiene law,
as  amended  by  chapter  658 of the laws of 1977, is amended to read as
follows:
  (a) The commissioners of the offices in the department shall cause  to
be   developed  plans  for  three  or  more  time-limited  demonstration
programs, the purpose of which shall be to test and evaluate new methods
or  arrangements  for  organizing,  financing,  staffing  and  providing
services  for the mentally disabled in order to determine the desirabil-
ity of such methods or arrangements. Subject to regulations  established
by the commissioners and notwithstanding 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, such programs may include but shall not be limited to comprehensive
organizational  structures to serve all mentally disabled persons within
the purview of a  local  governmental  unit,  innovative  financing  and
staffing  arrangements and specific programs to serve the mentally disa-
bled. Such demonstration programs shall be consistent  with  established
statewide  goals  and objectives and local comprehensive plans, shall be
developed in conjunction with the local comprehensive planning  process,
and  shall  be  submitted  to the single agent jointly designated by the
commissioners of the department for review and approval by  the  commis-
sioner or commissioners having jurisdiction of the services.
  S 2. This act shall take effect immediately.

                                 PART U

  Section  1.  Subdivisions (a), (b), (c), (d), (e), (f), (g), (h), (i),
(j), (k), (l), (m) and (o) of section 41.36 of the  mental  hygiene  law
are REPEALED.
  S  2.  Subdivision  (n) of section 41.36 of the mental hygiene law, as
amended by chapter 525 of the laws  of  1985,  is  amended  to  read  as
follows:
  [(n)] The commissioner OF DEVELOPMENTAL DISABILITIES shall establish a
procedure,  subject  to  the  approval of the state comptroller, whereby
payments in addition to the [client's] personal allowance OF AN INDIVID-
UAL LIVING IN A COMMUNITY RESIDENTIAL FACILITY may be made to  providers
of services for one or more of the following needs of [clients] INDIVID-
UALS  residing  in such facilities, limited to two hundred fifty dollars
per [client] INDIVIDUAL per year and paid semi-annually  in  the  manner
specified by such procedures:
  [1.] (A) Replacement of necessary clothing;
  [2.] (B) Personal requirements and incidental needs of [clients] INDI-
VIDUALS RESIDING IN THE FACILITY;
  [3.] (C) Recreational and cultural activities of [clients] INDIVIDUALS
RESIDING  IN  THE FACILITY. Such payments may be made from monies appro-
priated to the office for this purpose. Such payments shall  be  audited
by the office pursuant to an audit plan approved by the comptroller.
  S  3.  Section  43.02 of the mental hygiene law, as amended by chapter
168 of the laws of 2010, is amended to read as follows:
S 43.02 Rates or methods of payment for services at  facilities  subject
           to licensure or certification by the office of mental health,
           the  office for people with developmental disabilities or the
           office of alcoholism and substance abuse services.

S. 2007--A                         87                         A. 3007--A

  (a) Notwithstanding any inconsistent provision of law, payment made by
government agencies pursuant to title eleven  of  article  five  of  the
social  services  law  for services provided by any facility licensed by
the office of mental health pursuant to article thirty-one of this chap-
ter [or licensed or operated by the office for people with developmental
disabilities  pursuant  to article sixteen of this chapter] or certified
by the office of alcoholism and substance  abuse  services  pursuant  to
this  chapter  to  provide  inpatient  chemical  dependence services, as
defined in section 1.03 of this chapter,  shall  be  at  rates  or  fees
certified  by  the commissioner of the respective office and approved by
the director of the division  of  the  budget,  provided,  however,  the
commissioner  of mental health shall annually certify such rates or fees
which may vary  for  distinct  geographical  areas  of  the  state  and,
provided,  further, that rates or fees for service for inpatient psychi-
atric services or inpatient chemical dependence services,  at  hospitals
otherwise licensed pursuant to article twenty-eight of the public health
law  shall  be established in accordance with section two thousand eight
hundred seven of the public health  law  AND,  PROVIDED,  FURTHER,  THAT
RATES OR FEES FOR SERVICES PROVIDED BY ANY FACILITY OR PROGRAM LICENSED,
OPERATED  OR  APPROVED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
BILITIES, SHALL BE CERTIFIED BY THE COMMISSIONER  OF  HEALTH;  PROVIDED,
HOWEVER,  THAT  SUCH  METHODOLOGIES  SHALL BE SUBJECT TO APPROVAL BY THE
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES AND  SHALL  TAKE  INTO
ACCOUNT THE POLICIES AND GOALS OF SUCH OFFICE.
  (b)  Operators  of  facilities licensed by the office of mental health
pursuant to article thirty-one of this chapter, licensed by  the  office
for  people  with developmental disabilities pursuant to article sixteen
of this chapter or certified by the office of alcoholism  and  substance
abuse  services  pursuant  to this chapter to provide inpatient chemical
dependence services shall provide to the commissioner of the  respective
office  such  financial,  statistical  and  program  information  as the
commissioner may determine to be  necessary.  The  commissioner  of  the
appropriate  office  shall  have  the power to conduct on-site audits of
books and records of such facilities.
  (c) The commissioner of the office of mental health, the  commissioner
of the office for people with developmental disabilities and the commis-
sioner  of  the  office of alcoholism and substance abuse services shall
adopt rules  and  regulations  to  effectuate  the  provisions  of  this
section.  Such  rules  and regulations shall include, but not be limited
to, provisions relating to:
  (i) the establishment of a uniform statewide  system  of  reports  and
audits  relating  to  the quality of care provided, facility utilization
and costs of providing services; such a  uniform  statewide  system  may
provide  for  appropriate  variation in the application of the system to
different classes or subclasses of facilities licensed by the office  of
mental health pursuant to article thirty-one of this chapter or licensed
or  operated  by  the  office for people with developmental disabilities
pursuant to article sixteen of this chapter, or certified by the  office
of  alcoholism  and substance abuse services pursuant to this chapter to
provide inpatient chemical dependence services; and
  (ii) methodologies used in the establishment of the schedules of rates
or fees pursuant to this section PROVIDED, HOWEVER, THAT THE COMMISSION-
ER OF HEALTH SHALL ADOPT RULES AND REGULATIONS  INCLUDING  METHODOLOGIES
DEVELOPED BY HIM OR HER FOR SERVICES PROVIDED BY ANY FACILITY OR PROGRAM
LICENSED,  OPERATED  OR  APPROVED BY THE OFFICE FOR PEOPLE WITH DEVELOP-
MENTAL DISABILITIES.

S. 2007--A                         88                         A. 3007--A

  S 4. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by a court of compo-
nent  jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its opera-
tion 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 in 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 U of this act shall be
as specifically set forth in the last section of such Part.

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

    S. 2007--B                                            A. 3007--B

                      S E N A T E - A S S E M B L Y

                            January 21, 2015
                               ___________

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  --  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  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee

AN ACT to  amend  the  public  health  law,  in  relation  to  physician
  profiles; to amend part X2 of chapter 62 of the laws of 2003, amending
  the public health law relating to allowing for the use of funds of the
  office  of  professional medical conduct for activities of the patient
  health information and quality improvement act of 2000, in relation to
  extending the provisions thereof; to amend the social services law, in
  relation to enhancing the quality of adult living  program  for  adult
  care  facilities;  to amend the education law, in relation to delivery
  of prescriptions off premises of  a  pharmacy;  to  amend  the  public
  health  law,  in relation to providing more accountability in expendi-
  tures made by the Statewide Health Information Network  for  New  York
  (SHIN-NY),  including  information on donating umbilical cord blood as
  part of the health care and wellness education and  outreach  program;
  to  amend part A of chapter 58 of the laws of 2008, amending the elder
  law and other laws relating to reimbursement to participating provider
  pharmacies and prescription drug coverage, in  relation  to  extending
  the  expiration of certain provisions thereof; to repeal paragraph (e)
  of subdivision 13 of section 2995-a of the public health law  relating
  to  physician  profiles;  and  to  repeal section 2801-h of the public
  health law relating to the community forum on establishment of certain
  facilities in the county of Bronx; and providing  for  the  repeal  of
  certain  provisions  upon  expiration  thereof  (Part A); to amend the
  social services law, in relation to  supplemental  rebates;  to  amend
  part  H  of chapter 59 of the laws of 2011, amending the public health

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12571-03-5

S. 2007--B                          2                         A. 3007--B

  law and other laws relating  to  known  and  projected  department  of
  health  state  fund medical expenditures, in relation to extending the
  provisions thereof; to repeal section 280 of  the  public  health  law
  relating  to  prescription  drug discount program; to amend the public
  health law, in  relation  to  hospital  reimbursement  provisions  and
  temporary  adjustments  to  reimbursement  rates;  to amend the social
  services law, in relation to exceptions to copayments; to amend part A
  and part B of chapter 1 of the laws of 2002, relating  to  the  health
  care reform act of 2000, in relation to upper payment limits; to amend
  the  public health law, in relation to reimbursement rate promulgation
  for residential health care facilities; to  amend  the  public  health
  law,  in  relation to project advisory committees; to amend the social
  services law, in relation to grants for  coordination  between  health
  homes  and  the  criminal  justice  system  and for the integration of
  information of health homes with state and local correctional  facili-
  ties;  to  amend  the social services law, in relation to basic health
  program and rates of payment; to amend part B of  chapter  59  of  the
  laws  of  2011,  amending  the  public health law relating to rates of
  payment and medical assistance, in relation to  managed  care  supple-
  mental  payments;  in  relation to 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 supplemental
  Medicaid managed care payments; to amend the social services  law,  in
  relation  to  spousal  support;  to  amend the social services law, in
  relation to temporary preinvestigation emergency needs  assistance  or
  care;  to  amend  the social services law, in relation to supplies and
  the medical assistance presumptive eligibility program; to  amend  the
  social services law, in relation to personal care services and adequa-
  cy  of  assistance;  to  amend the social services law, in relation to
  expedited procedures for approving personal care  services;  to  amend
  the  social  services  law,  in  relation  to expedited procedures for
  determining medical assistance  eligibility;  in  relation  to  monies
  equal  to the amount of enhanced federal medical assistance percentage
  monies available as a result  of  the  state's  participation  in  the
  community  first  choice state plan option; to amend the public health
  law, in relation to  an  energy  audit  and/or  disaster  preparedness
  review  of  residential  health  care  facilities; to amend the public
  health law, in relation to payment rates for managed  long  term  care
  plan  enrollees  eligible  for medical assistance; to amend the social
  services law, in relation to reimbursement methodologies  for  managed
  care programs; to amend the social services law, in relation to insur-
  ance payments; to amend the social services law, in relation to eligi-
  bility; to amend the social services law, in relation to transition to
  managed  care; to amend the social services law, in relation to cover-
  age of certain noncitizens; to  amend  the  social  services  law,  in
  relation to basic health program and eligibility of a non-citizen in a
  valid  nonimmigrant  status;  to  repeal  section  365-d of the social
  services law, relating to early and periodic screening  diagnosis  and
  treatment   outreach  demonstration  projects;  to  amend  the  social
  services law, in relation  to  the  Medicaid  evidence  based  benefit
  review  advisory  committee;  to  amend  the  social  services law, in
  relation to the young adult special populations demonstration program;
  in relation to amending the public health  law,  in  relation  to  the
  hospital-home  care  -  physician  collaboration program; to amend the
  public health law, in relation to universal standards  for  coding  of
  payment for medical assistance claims for long term care and electron-

S. 2007--B                          3                         A. 3007--B

  ic payment of claims; to amend the social services law, in relation to
  provision  and  reimbursement  of  transportation  costs; to amend the
  public health law, in relation to temporary adjustment  to  reimburse-
  ment rates; to amend the public health law, in relation to residential
  health  care  facilities  and  rates  of  payment; to amend the social
  services law, in relation to the long term care demonstration program;
  to repeal paragraph (e) of subdivision 8 of section 2511 of the public
  health law relating to subsidy payments; to amend the social  services
  law, in relation to managed care programs and complete actuarial memo-
  randum; to amend part B of chapter 58 of the laws of 2007 amending the
  elder  law  and  other laws, relating to authorizing the adjustment of
  the Medical nursing home capital reimbursement  cap,  in  relation  to
  effectuating  a  residential health care facility construction project
  by the Jewish Home of Rochester; to repeal certain provisions  of  the
  public  health  law  relating thereto; and providing for the repeal of
  certain provisions upon expiration thereof (Part B); 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 rates of payment paid to certain
  providers  by  the Child Health Plus Program; and to amend 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
  rates  of  payment  paid to certain providers by the Child Health Plus
  Program (Part C); to amend chapter 884 of the laws of  1990,  amending
  the  public  health  law  relating to authorizing bad debt and charity
  care allowances for certified home health agencies, in relation to the
  effectiveness thereof; to amend chapter 81 of the laws of 1995, amend-
  ing  the  public  health  law  and  other  laws  relating  to  medical
  reimbursement  and  welfare  reform,  in relation to the effectiveness
  thereof; to amend the public  health  law,  in  relation  to  hospital
  assessments;  to  amend  chapter 659 of the laws of 1997, constituting
  the long term care integration and finance act of 1997, in relation to
  the effectiveness thereof; to amend chapter 474 of the laws  of  1996,
  amending  the education law and other laws relating to rates for resi-
  dential health care facilities, in relation to the effectiveness ther-
  eof; to amend part C of chapter 58 of the laws of 2007,  amending  the
  social  services  law  and  other  laws relating to enacting the major
  components of legislation necessary to implement the health and mental
  hygiene budget for the 2007-2008 state fiscal  year,  in  relation  to
  delay of certain administrative costs; to amend chapter 81 of the laws
  of  1995,  amending  the  public health law and other laws relating to
  medical reimbursement and welfare reform, in  relation  to  reimburse-
  ments  and the effectiveness thereof; to amend chapter 474 of the laws
  of 1996, amending the education law and other laws relating  to  rates
  for  residential healthcare facilities, in relation to reimbursements;
  to amend chapter 451 of the laws of 2007, amending the  public  health
  law,  the  social  services  law  and  the  insurance law, relating to
  providing enhanced consumer and provider protections, in  relation  to
  the effectiveness thereof; to amend the public health law, in relation
  to rates of payment for long term home health care programs and making
  such  provisions  permanent; to amend chapter 303 of the laws of 1999,
  amending the New York state medical care facilities finance agency act
  relating to financing health facilities, in relation to the effective-
  ness thereof; to amend chapter 165 of the laws of 1991,  amending  the

S. 2007--B                          4                         A. 3007--B

  public health law and other laws relating to establishing payments for
  medical assistance, in relation to the effectiveness thereof; to amend
  the  public  authorities  law,  in relation to the transfer of certain
  funds; to amend subdivision (i) of section 111 of part H of chapter 59
  of the laws of 2011, relating to enacting into law major components of
  legislation necessary to implement the health and mental hygiene budg-
  et  for the 2011-2012 state fiscal plan, in relation to the effective-
  ness of program oversight and administration of managed long term care
  plans; to amend chapter 659 of the laws of 1997, amending  the  public
  health  law  and  other  laws  relating to creation of continuing care
  retirement communities, in relation to the effectiveness  thereof;  to
  amend  the  public  health law, in relation to residential health care
  facility, and certified home health agency services payments; to amend
  part B of chapter 109  of  the  laws  of  2010,  amending  the  social
  services  law  relating  to  transportation costs; to amend the social
  services law, in relation to contracting for transportation  services;
  to  amend  chapter  459 of the laws of 1996 amending the public health
  law relating to recertification of persons providing emergency medical
  care, in relation to making such provisions permanent; to amend  chap-
  ter  505  of the laws of 1995, amending the public health law relating
  to the operation of department of health facilities,  in  relation  to
  extending  the provisions thereof; to amend subdivision (o) of section
  111 of part H of chapter 59 of the laws of 2011, amending  the  public
  health  law  relating  to state wide planning and research cooperative
  system and general powers and duties, in relation to the effectiveness
  of certain provisions; and to amend 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  extending  the  provisions  of such chapter (Part D); to amend the
  public health law, in relation to the payment  of  certain  funds  for
  uncompensated  care  (Part  E); Intentionally omitted (Part F); Inten-
  tionally omitted (Part G); Intentionally omitted (Part  H);  to  amend
  the  criminal  procedure  law,  in  relation  to  the admissibility of
  condoms as trial evidence of prosecution; to amend the penal  law,  in
  relation  to  criminal  possession  of  a controlled substance; and to
  repeal subdivision 2-a of section  2781  of  the  public  health  law,
  relating to certain informed consent for HIV related testing (Part I);
  Intentionally  omitted  (Part  J);  to amend the public health law, in
  relation to improper delegation of authority by the governing authori-
  ty or operator of a general hospital (Part K);  to  amend  the  public
  health  law,  in  relation  to  the enhanced oversight of office-based
  surgery (Part L); to amend the  public  health  law,  in  relation  to
  requiring notice and submission of a plan prior to discontinuing fluo-
  ridation  of  a public water supply (Part M); relating to conducting a
  study to develop a report addressing the feasibility  of  creating  an
  office  of  community  living  for older adults and individuals of all
  ages with disabilities  (Part  N);  Intentionally  omitted  (Part  O);
  Intentionally omitted (Part P); Intentionally omitted (Part Q); Inten-
  tionally  omitted  (Part  R);  Intentionally  omitted (Part S); Inten-
  tionally omitted (Part T); Intentionally omitted (Part  U);  to  amend
  the  public  health  law  and the education law, in relation to opioid
  overdose prevention (Part V); to  amend  the  public  health  law,  in
  relation  to  requiring  the commissioner of health to provide certain
  records to the temporary president of the senate and  the  speaker  of
  the  assembly;  requiring the commissioner of health to convene a task

S. 2007--B                          5                         A. 3007--B

  force to evaluate and make recommendations related to  increasing  the
  transparency   and  accountability  of  the  health  care  reform  act
  resources fund; and to amend the public health  law,  in  relation  to
  physician  loan repayment awards (Part W); to amend the insurance law,
  in relation to an exemption to certain provisions of law  relating  to
  risk-based capital for property/casualty insurance companies (Part X);
  and  to amend chapter 266 of the laws of 1986 amending the civil prac-
  tice law and rules and other laws relating to malpractice and  profes-
  sional  medical conduct; and to amend part J of chapter 63 of the laws
  of 2001 amending 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   certain
  provisions concerning the hospital excess liability pool and requiring
  a  tax  clearance  for  doctors  and  dentists to be eligible for such
  excess coverage (Part Y)

  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 2015-2016
state fiscal year. Each component is  wholly  contained  within  a  Part
identified  as Parts A through Y. 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 (h) of subdivision 1 of section 2995-a of the
public health law, as added by chapter 542  of  the  laws  of  2000,  is
amended to read as follows:
  (h)  current  [speciality]  SPECIALTY  board certification and date of
certification;
  S 2. The opening paragraph of subdivision 1-a of section 2995-a of the
public health law, as added by section 8 of part A of chapter 58 of  the
laws of 2010, is amended to read as follows:
  Each physician licensed and registered to practice in this state shall
within  [one  hundred twenty] THIRTY days of the [effective date of this
subdivision] TRANSMITTAL OF AN INITIAL PROFILE SURVEY and upon  entering
or updating his or her profile information:
  S  3.  Subdivisions  3, 4 and 9 of section 2995-a of the public health
law, subdivisions 3 and 9 as added by chapter 542 of the laws  of  2000,
and  subdivision  4  as  amended by chapter 477 of the laws of 2008, are
amended to read as follows:
  3. Each physician who is self-insured for professional  medical  malp-
ractice  shall periodically report to the department on forms and in the
time and manner required by the commissioner the  information  specified
in  paragraph  [(f)] (E) of subdivision one of this section, except that
the physician shall report the dollar  amount  (to  the  extent  of  the

S. 2007--B                          6                         A. 3007--B

physician's information and belief) for each judgment, award and settle-
ment and not a level of significance or context.
  4. Each physician shall periodically report to the department on forms
and in the time and manner required by the commissioner any other infor-
mation  as is required by the department for the development of profiles
under this section which is  not  otherwise  reasonably  obtainable.  In
addition  to  such  periodic reports and providing the same information,
each physician shall update his or her profile  information  within  the
six months prior to the expiration date of such physician's registration
period, as a condition of registration renewal under article one hundred
thirty-one  of  the  education  law.    EXCEPT  FOR OPTIONAL INFORMATION
PROVIDED, PHYSICIANS SHALL NOTIFY THE DEPARTMENT OF ANY  CHANGE  IN  THE
PROFILE INFORMATION WITHIN THIRTY DAYS OF SUCH CHANGE.
  9.  The department shall, in addition to hard copy physician profiles,
provide for electronic access  to  and  copying  of  physician  profiles
developed  pursuant to this section through the system commonly known as
the Internet.  THE DEPARTMENT SHALL UPDATE A PHYSICIAN'S ONLINE  PROFILE
WITHIN THIRTY DAYS OF RECEIPT OF A COMPLETED PHYSICIAN PROFILE SURVEY OR
ANY CHANGE IN PROFILE INFORMATION.
  S 4. Paragraphs (a) and (d) of subdivision 13 of section 2995-a of the
public  health  law,  as  added  by chapter 542 of the laws of 2000, are
amended to read as follows:
  (a) Data sources. The department shall identify the types of physician
data to which the public has access, including all information available
from federal, state or local agencies which is useful for making  deter-
minations  concerning health care quality determinations. The department
shall study all physician data reporting requirements and develop recom-
mendations to consolidate data collection and  eliminate  duplicate  and
unnecessary  reporting requirements, or to supplement existing reporting
requirements in order to satisfy the requirements of this  section.  THE
DEPARTMENT  SHALL  STUDY  THE  FEASIBILITY  OF INCORPORATING HEALTH PLAN
REPORTING REQUIREMENTS, WITHOUT IMPOSING ANY EXTRA BURDEN ON THE  PHYSI-
CIAN,  REGARDING  NETWORK PARTICIPATION INTO THIS SECTION TO ENSURE THIS
INFORMATION IS AVAILABLE, ACCURATE, UP-TO-DATE AND ACCESSIBLE TO CONSUM-
ERS.
  (d) Report. The department shall provide  a  report  of  its  determi-
nations  and  recommendations UNDER THIS SUBDIVISION to the governor and
legislature, and make such report publicly available, [within six months
of the effective date of this section] ON OR BEFORE JANUARY  FIRST,  TWO
THOUSAND  SIXTEEN.    THE DEPARTMENT SHALL REPORT ANNUALLY THEREAFTER TO
THE LEGISLATURE ON THE STATUS OF THE PHYSICIAN PROFILES AND  ANY  RECOM-
MENDATIONS  FOR ADDITIONS, CONSOLIDATIONS OR OTHER CHANGES DEEMED APPRO-
PRIATE.
  S 4-a. Paragraph (e) of subdivision 13 of section 2995-a of the public
health law is REPEALED.
  S 4-b. Section 4 of part X2 of chapter 62 of the laws of 2003,  amend-
ing  the  public health law relating to allowing for the use of funds of
the office of professional medical conduct for activities of the patient
health information and quality improvement act of 2000,  as  amended  by
section  25  of  part B of chapter 56 of the laws of 2013, is amended to
read as follows:
  S 4. This  act  shall  take  effect  immediately;  provided  that  the
provisions  of  section  one of this act shall be deemed to have been in
full force and effect on and after April 1, 2003, and shall expire March
31, [2015] 2017 when upon such date the provisions of such section shall
be deemed repealed.

S. 2007--B                          7                         A. 3007--B

  S 5. Intentionally omitted.
  S  6.  Subdivision  3  of section 461-s of the social services law, as
added by section 21 of part D of chapter 56 of  the  laws  of  2012,  is
amended and a new subdivision 4 is added to read as follows:
  3. Prior to applying for EQUAL program funds, a facility shall receive
approval  of  its  expenditure  plan from the residents' council for the
facility.  THE RESIDENTS' COUNCIL SHALL ADOPT A PROCESS TO IDENTIFY  THE
PRIORITIES  OF  THE RESIDENTS FOR THE USE OF THE PROGRAM FUNDS AND DOCU-
MENT RESIDENTS' TOP PREFERENCES BY MEANS THAT  MAY  INCLUDE  A  VOTE  OR
SURVEY.  THE PLAN SHALL DETAIL HOW PROGRAM FUNDS WILL BE USED TO IMPROVE
THE PHYSICAL ENVIRONMENT OF THE FACILITY OR  THE  QUALITY  OF  CARE  AND
SERVICES  RENDERED  TO RESIDENTS AND MAY INCLUDE, BUT NOT BE LIMITED TO,
STAFF TRAINING, AIR CONDITIONING IN RESIDENTS' AREAS, CLOTHING, IMPROVE-
MENTS IN FOOD QUALITY, FURNISHINGS, EQUIPMENT, SECURITY, AND MAINTENANCE
OR REPAIRS TO THE FACILITY. THE FACILITY'S APPLICATION FOR EQUAL PROGRAM
FUNDS  SHALL  INCLUDE  A  SIGNED  ATTESTATION  FROM  THE  PRESIDENT   OR
CHAIR-PERSON  OF  THE  RESIDENTS'  COUNCIL OR, IN THE ABSENCE OF A RESI-
DENTS' COUNCIL, AT LEAST THREE RESIDENTS OF THE FACILITY,  STATING  THAT
THE  APPLICATION REFLECTS THE PRIORITIES OF THE RESIDENTS OF THE FACILI-
TY.   THE DEPARTMENT SHALL INVESTIGATE REPORTS  OF  RESIDENT  ABUSE  AND
RETALIATION RELATED TO PROGRAM APPLICATIONS AND EXPENDITURES.
  4.  EQUAL  PROGRAM  FUNDS SHALL NOT BE EXPENDED FOR A FACILITY'S DAILY
OPERATING EXPENSES, INCLUDING EMPLOYEE  SALARIES  OR  BENEFITS,  OR  FOR
EXPENSES  INCURRED  RETROSPECTIVELY. EQUAL PROGRAM FUNDS MAY BE USED FOR
EXPENDITURES RELATED TO CORRECTIVE ACTION AS REQUIRED BY  AN  INSPECTION
REPORT,  PROVIDED  SUCH EXPENDITURE IS CONSISTENT WITH SUBDIVISION THREE
OF THIS SECTION.
  S 7. The second undesignated paragraph of paragraph (a) of subdivision
2 of section 6810 of the education law, as added by chapter 413  of  the
laws of 2014, is amended to read as follows:
  A  pharmacy  registered with the department pursuant to section sixty-
eight hundred eight OR SIXTY-EIGHT HUNDRED EIGHT-B of this  article  may
not  deliver  a  new  or  refilled prescription off premises without the
consent of the patient or an individual authorized  to  consent  on  the
patient's behalf. [Consent shall include one of the following:
  (1)  the patient or authorized individual's signature of acceptance of
each prescription delivered;
  (2) the pharmacy may contact the patient or other authorized  individ-
ual  for  consent  to  deliver  and must document consent in the patient
record; or
  (3) for pharmacies  that  administer  refill  reminder  or  medication
adherence  programs  and  deliver  off  premises,  if a signature is not
received on each prescription, then the refill reminder program or medi-
cation adherence program shall be an OPT-IN program that is updated with
patient consent every one hundred eighty days  accompanied  by  a  docu-
mented patient record review by a licensed pharmacist from the providing
pharmacy  and the patient before continuation of medication delivery can
occur] FOR THE PURPOSES OF THIS SECTION, CONSENT MAY BE OBTAINED IN  THE
SAME  MANNER AND PROCESS BY WHICH CONSENT IS DEEMED ACCEPTABLE UNDER THE
FEDERAL MEDICARE PART D PROGRAM.
  S 8. Subdivision 18-a of section 206 of  the  public  health  law,  as
amended by section 11 of part A of chapter 58 of the laws of 2010, para-
graphs  (b)  and (d) as amended by section 16 of part A of chapter 60 of
the laws of 2014, paragraph (c) as amended by chapter 132 of the laws of
2014, is amended to read as follows:

S. 2007--B                          8                         A. 3007--B

  18-a. [(a)] Health information technology demonstration  program.  (A)
(i) The commissioner is authorized to issue grant funding to one or more
organizations  broadly  representative  of  physicians  licensed in this
state, from funds made available for the purpose of funding research and
demonstration   projects  under  subparagraph  (ii)  of  this  paragraph
designed to promote the development  of  electronic  health  information
exchange technologies in order to facilitate the adoption of interopera-
ble health records.
  (ii)  Project  funding  shall  be  disbursed to projects pursuant to a
request for proposals based on criteria relating to promoting the  effi-
cient  and  effective  delivery  of quality physician services.   Demon-
stration projects  eligible  for  funding  under  this  paragraph  shall
include, but not be limited to:
  (A) efforts to incentivize electronic health record adoption;
  (B) interconnection of physicians through regional collaborations;
  (C) efforts to promote personalized health care and consumer choice;
  (D) efforts to enhance health care outcomes and health status general-
ly  through interoperable public health surveillance systems and stream-
lined quality monitoring.
  (iii) The department shall issue a report to the governor, the  tempo-
rary  president of the senate and the speaker of the assembly within one
year following the issuance of the grants. Such report shall contain, at
a minimum, the following information: the demonstration projects  imple-
mented  pursuant  to this paragraph, their date of implementation, their
costs and the appropriateness of a broader  application  of  the  health
information technology program to increase the quality and efficiency of
health care across the state.
  (b) The commissioner shall:
  (i)  POST  ON ITS WEBSITE BY SEPTEMBER FIRST, TWO THOUSAND FIFTEEN AND
QUARTERLY THEREAFTER, INFORMATION ON THE USES OF FUNDING IN  SUPPORT  OF
THE  STATEWIDE HEALTH INFORMATION NETWORK OF NEW YORK (SHIN-NY), INCLUD-
ING HOW SUCH FUNDS MAY BE USED TO:
  (A) SUPPORT HOSPITALS, PHYSICIANS, AND OTHER PROVIDERS IN THE ACHIEVE-
MENT OF FEDERAL MEANINGFUL USE REQUIREMENTS;
  (B) SUPPORT DSRIP HEALTH INFORMATION EXCHANGE AND DATA REQUIREMENTS TO
HELP PERFORMING PROVIDER SYSTEMS AND THE STATE MEET DSRIP QUALITY GOALS;
AND
  (C) INCREASE PARTICIPATION IN REGIONAL  HEALTH  INFORMATION  ORGANIZA-
TIONS BY PROVIDERS AT REASONABLE COSTS TO THE PROVIDERS; AND
  (II) convene a workgroup to:
  (A)  evaluate the state's health information technology infrastructure
and systems, as well as other related plans  and  projects  designed  to
make  improvements  or  modifications to such infrastructure and systems
including, but not limited to, the all payor database (APD),  the  state
planning  and  research  cooperative  system  (SPARCS),  regional health
information organizations  (RHIOs),  the  statewide  health  information
network  of  New  York  (SHIN-NY)  and  medical  assistance  eligibility
systems; and
  (B) develop recommendations for the state to move toward a  comprehen-
sive  health  claims and clinical database aimed at improving quality of
care, efficiency, cost of care and patient satisfaction available  in  a
self-sustainable,  non-duplicative, interactive and interoperable manner
that ensures safeguards for privacy, confidentiality and security;
  [(ii)] (III) submit [a] AN INTERIM report to the governor  [and],  the
temporary president of the senate and the speaker of the assembly, which
shall  [fully  consider  the evaluation and recommendations of the work-

S. 2007--B                          9                         A. 3007--B

group] DETAIL THE CONCERNS AND ISSUES ASSOCIATED WITH  ESTABLISHING  THE
STATE'S  HEALTH  INFORMATION TECHNOLOGY INFRASTRUCTURE CONSIDERED BY THE
WORKGROUP, on or before December first, two thousand fourteen[.]; AND
  [(iii)]  (IV) SUBMIT A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT
OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, WHICH SHALL FULLY CONSID-
ER THE EVALUATION AND RECOMMENDATIONS OF THE  WORKGROUP,  ON  OR  BEFORE
DECEMBER FIRST, TWO THOUSAND FIFTEEN.
  (c)  The  members  of the workgroup shall include, at a minimum, three
members who represent RHIOs, two members employed by the department  who
are  involved in the development of the SHIN-NY and the APD, two members
who represent physicians,  two  members  who  represent  hospitals,  two
members  who  represent  home  care  agencies, one member who represents
federally qualified health centers, ONE  MEMBER  WHO  REPRESENTS  COUNTY
HEALTH COMMISSIONERS, the chair of the senate health committee or his or
her  designee,  the chair of the assembly health committee or his or her
designee, and other individuals with expertise in  matters  relevant  to
the charge of the workgroup.
  (d)  The  commissioner  may  make such rules and regulations as may be
necessary to implement federal policies and disburse funds  as  required
by the American Recovery and Reinvestment Act of 2009 and to promote the
development  of  a self-sufficient SHIN-NY to enable widespread, non-du-
plicative interoperability among disparate health  information  systems,
including  electronic  health  records,  personal health records, health
care claims, payment and other administrative data,  and  public  health
information  systems,  while protecting privacy and security. Such rules
and regulations shall include, but not be limited to,  requirements  for
organizations covered by 42 U.S.C. 17938 or any other organizations that
exchange  health  information through the SHIN-NY or any other statewide
health information system recommended by the  workgroup.  [The]  IF  THE
COMMISSIONER SEEKS TO PROMULGATE RULES AND REGULATIONS PRIOR TO ISSUANCE
OF  THE  REPORT IDENTIFIED IN SUBPARAGRAPH (IV) OF PARAGRAPH (B) OF THIS
SUBDIVISION, THE COMMISSIONER SHALL SUBMIT THE PROPOSED  REGULATIONS  TO
THE  WORKGROUP  FOR  ITS  INPUT. IF THE COMMISSIONER SEEKS TO PROMULGATE
RULES AND REGULATIONS AFTER THE ISSUANCE OF  THE  REPORT  IDENTIFIED  IN
SUCH  SUBPARAGRAPH  (IV) THEN THE commissioner shall consider the REPORT
AND recommendations of the workgroup. If  the  commissioner  acts  in  a
manner  inconsistent with the INPUT OR recommendations of the workgroup,
he or she shall provide the reasons therefor.
  S 9. Intentionally omitted.
  S 10. Section 206 of the public health law is amended by adding a  new
subdivision 29 to read as follows:
  29.  THE  COMMISSIONER SHALL PREPARE A REPORT ON THE IMPLEMENTATION OF
THE STATE HEALTH INNOVATION PLAN (SHIP) WHICH SHALL INCLUDE:
  (1) THE RECOMMENDATIONS OF THE WORKGROUPS ESTABLISHED  TO  ASSIST  THE
STATE IN IMPLEMENTATION OF THE SHIP;
  (2) THE DEPARTMENT'S EFFORTS IN ADVANCING THE SHIP'S GOALS; AND
  (3)  INFORMATION  ON  THE  EXPENDITURES  OF THE STATE INNOVATION MODEL
GRANT.
THE REPORT SHALL BE SUBMITTED TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT
OF  THE  SENATE,  THE  SPEAKER OF THE ASSEMBLY, THE CHAIRS OF THE SENATE
HEALTH COMMITTEE AND ASSEMBLY HEALTH  COMMITTEE  ON  OR  BEFORE  JANUARY
FIRST, TWO THOUSAND SIXTEEN AND ANNUALLY THEREAFTER.
  S 11. Subdivision 1 of section 207 of the public health law is amended
by adding a new paragraph (k) to read as follows:
  (K) DONATING UMBILICAL CORD BLOOD TO A PUBLIC CORD BLOOD BANK.
  S 12. Section 2801-h of the public health law is REPEALED.

S. 2007--B                         10                         A. 3007--B

  S 13. Section 32 of part A of chapter 58 of the laws of 2008, amending
the  elder law and other laws relating to reimbursement to participating
provider pharmacies  and  prescription  drug  coverage,  as  amended  by
section  37  of  part A of chapter 60 of the laws of 2014, 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,  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  twenty-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,  [2015] 2017; and provided, further, however, that the amend-
ments 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 14. This act shall take effect immediately; provided that the amend-
ments to paragraphs (b) and (d) of subdivision 18-a of  section  206  of
the  public  health  law,  made  by  section eight of this act shall not
affect the expiration of such paragraphs and shall be deemed  to  expire
therewith;  provided, however, that section ten of this act shall expire
March 31, 2020 when upon such date it shall be deemed repealed.

                                 PART B

  Section 1. Subdivision 7 of section 367-a of the social  services  law
is amended by adding a new paragraph (e) to read as follows:
  (E)  DURING  THE PERIOD FROM APRIL FIRST, TWO THOUSAND FIFTEEN THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN,  THE  COMMISSIONER  MAY,  IN
LIEU  OF  A  MANAGED CARE PROVIDER, NEGOTIATE DIRECTLY AND ENTER INTO AN
AGREEMENT WITH  A  PHARMACEUTICAL  MANUFACTURER  FOR  THE  PROVISION  OF
SUPPLEMENTAL REBATES RELATING TO PHARMACEUTICAL UTILIZATION BY ENROLLEES
OF MANAGED CARE PROVIDERS PURSUANT TO SECTION THREE HUNDRED SIXTY-FOUR-J
OF  THIS TITLE. SUCH REBATES SHALL BE LIMITED TO DRUG UTILIZATION IN THE
FOLLOWING CLASSES: ANTIRETROVIRALS APPROVED BY THE FDA FOR THE TREATMENT
OF HIV/AIDS AND HEPATITIS C AGENTS FOR WHICH THE PHARMACEUTICAL MANUFAC-
TURER HAS IN EFFECT A REBATE AGREEMENT WITH  THE  FEDERAL  SECRETARY  OF
HEALTH AND HUMAN SERVICES PURSUANT TO 42 U.S.C. S 1396R-8, AND FOR WHICH
THE  STATE  HAS  ESTABLISHED  STANDARD  CLINICAL  CRITERIA. NO AGREEMENT
ENTERED INTO PURSUANT TO THIS PARAGRAPH SHALL HAVE AN INITIAL TERM OR BE
EXTENDED BEYOND MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
  (I) THE MANUFACTURER SHALL NOT PAY SUPPLEMENTAL REBATES TO  A  MANAGED
CARE PROVIDER, OR ANY OF A MANAGED CARE PROVIDER'S AGENTS, INCLUDING BUT
NOT  LIMITED TO ANY PHARMACY BENEFIT MANAGER ON THE TWO CLASSES OF DRUGS
SUBJECT TO THIS PARAGRAPH WHEN  THE  STATE  IS  COLLECTING  SUPPLEMENTAL
REBATES  AND  STANDARD CLINICAL CRITERIA ARE IMPOSED ON THE MANAGED CARE
PROVIDER.

S. 2007--B                         11                         A. 3007--B

  (II) THE COMMISSIONER SHALL ESTABLISH ADEQUATE RATES OF  REIMBURSEMENT
WHICH  SHALL TAKE INTO ACCOUNT BOTH THE IMPACT OF THE COMMISSIONER NEGO-
TIATING SUCH REBATES AND ANY LIMITATIONS IMPOSED  ON  THE  MANAGED  CARE
PROVIDER'S ABILITY TO ESTABLISH CLINICAL CRITERIA RELATING TO THE UTILI-
ZATION  OF  SUCH  DRUGS.  IN  DEVELOPING  THE  MANAGED  CARE  PROVIDER'S
REIMBURSEMENT RATE,  THE  COMMISSIONER  SHALL  IDENTIFY  THE  AMOUNT  OF
REIMBURSEMENT  FOR  SUCH DRUGS AS A SEPARATE AND DISTINCT COMPONENT FROM
THE REIMBURSEMENT OTHERWISE MADE FOR PRESCRIPTION DRUGS AS PRESCRIBED BY
THIS SECTION.
  (III) THE COMMISSIONER SHALL SUBMIT A REPORT TO THE  TEMPORARY  PRESI-
DENT  OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ANNUALLY BY DECEMBER
THIRTY-FIRST. THE REPORT SHALL ANALYZE THE ADEQUACY OF RATES TO  MANAGED
CARE  PROVIDERS  FOR DRUG EXPENDITURES RELATED TO THE CLASSES UNDER THIS
PARAGRAPH.
  (IV) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO REQUIRE A PHARMA-
CEUTICAL MANUFACTURER TO ENTER INTO A SUPPLEMENTAL REBATE AGREEMENT WITH
THE COMMISSIONER RELATING TO PHARMACEUTICAL UTILIZATION BY ENROLLEES  OF
MANAGED CARE PROVIDERS PURSUANT TO SECTION THREE HUNDRED SIXTY-FOUR-J OF
THIS TITLE.
  (V)  ALL CLINICAL CRITERIA, INCLUDING REQUIREMENTS FOR PRIOR APPROVAL,
AND ALL UTILIZATION REVIEW DETERMINATIONS ESTABLISHED BY  THE  STATE  AS
DESCRIBED  IN  THIS  PARAGRAPH FOR EITHER OF THE DRUG CLASSES SUBJECT TO
THIS PARAGRAPH SHALL BE DEVELOPED USING EVIDENCE-BASED AND PEER-REVIEWED
CLINICAL REVIEW CRITERIA IN ACCORDANCE WITH ARTICLE TWO-A OF THE  PUBLIC
HEALTH LAW, AS APPLICABLE.
  (VI)  ALL  PRIOR  AUTHORIZATION  AND UTILIZATION REVIEW DETERMINATIONS
RELATED TO THE COVERAGE OF ANY DRUG SUBJECT TO THIS PARAGRAPH  SHALL  BE
SUBJECT  TO  ARTICLE  FORTY-NINE OF THE PUBLIC HEALTH LAW, SECTION THREE
HUNDRED SIXTY-FOUR-J OF THIS TITLE, AND ARTICLE FORTY-NINE OF THE INSUR-
ANCE LAW, AS APPLICABLE. NOTHING IN THIS PARAGRAPH  SHALL  DIMINISH  ANY
RIGHTS  RELATING  TO  ACCESS, PRIOR AUTHORIZATION, OR APPEAL RELATING TO
ANY DRUG CLASS OR DRUG AFFORDED TO A RECIPIENT UNDER ANY OTHER PROVISION
OF LAW.
  S 2. Intentionally omitted.
  S 3. Intentionally omitted.
  S 4. Intentionally omitted.
  S 5. Intentionally omitted.
  S 6. Intentionally omitted.
  S 7. Intentionally omitted.
  S 8. 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 33 of part C of chapter 60 of the laws  of  2014,  is
amended to read as follows:
  1.  For  state  fiscal  years  2011-12  through [2015-16] 2016-17, 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

S. 2007--B                         12                         A. 3007--B

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 AND STATE COSTS  OR  SAVINGS  FROM
THE BASIC HEALTH PLAN.  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 9.  Section 280 of the public health law is REPEALED.
  S 10. Intentionally omitted.
  S  11.    Section 2807 of the public health law is amended by adding a
new subdivision 14-a to read as follows:
  14-A. NOTWITHSTANDING ANY  PROVISION  OF  LAW  TO  THE  CONTRARY,  AND
SUBJECT  TO FEDERAL FINANCIAL PARTICIPATION, THE COMMISSIONER IS AUTHOR-
IZED TO ESTABLISH, PURSUANT TO REGULATIONS, A STATEWIDE GENERAL HOSPITAL
QUALITY POOL FOR THE PURPOSE OF INCENTIVIZING AND  FACILITATING  QUALITY
IMPROVEMENTS  IN  GENERAL  HOSPITALS.  AWARDS  FROM  SUCH  POOL SHALL BE
SUBJECT TO APPROVAL BY THE DIRECTOR  OF  BUDGET.  IF  FEDERAL  FINANCIAL
PARTICIPATION  IS UNAVAILABLE, THEN THE NON-FEDERAL SHARE OF AWARDS MADE
PURSUANT TO THIS SUBDIVISION MAY BE MADE AS STATE GRANTS.
  (A) THIRTY DAYS PRIOR TO ADOPTING OR APPLYING A METHODOLOGY OR  PROCE-
DURE  FOR  MAKING  AN  ALLOCATION  OR MODIFICATION TO AN ALLOCATION MADE
PURSUANT TO THIS SUBDIVISION, THE  COMMISSIONER  SHALL  PROVIDE  WRITTEN
NOTICE  TO THE CHAIRS OF THE SENATE FINANCE COMMITTEE, THE ASSEMBLY WAYS
AND MEANS COMMITTEE, AND THE SENATE AND ASSEMBLY HEALTH COMMITTEES  WITH
REGARD  TO  THE  INTENT  TO ADOPT OR APPLY THE METHODOLOGY OR PROCEDURE,
INCLUDING A DETAILED EXPLANATION OF THE METHODOLOGY OR PROCEDURE.
  (B) THIRTY DAYS PRIOR TO EXECUTING AN ALLOCATION OR MODIFICATION TO AN
ALLOCATION MADE PURSUANT TO THIS  SUBDIVISION,  THE  COMMISSIONER  SHALL
PROVIDE  WRITTEN  NOTICE  TO THE CHAIRS OF THE SENATE FINANCE COMMITTEE,
THE ASSEMBLY WAYS AND MEANS  COMMITTEE,  AND  THE  SENATE  AND  ASSEMBLY
HEALTH  COMMITTEES  WITH  REGARD TO THE INTENT TO DISTRIBUTE SUCH FUNDS.
SUCH NOTICE SHALL INCLUDE, BUT NOT BE LIMITED  TO,  INFORMATION  ON  THE
METHODOLOGY  USED  TO  DISTRIBUTE THE FUNDS, THE FACILITY SPECIFIC ALLO-
CATIONS OF THE FUNDS, ANY  FACILITY  SPECIFIC  PROJECT  DESCRIPTIONS  OR
REQUIREMENTS  FOR  RECEIVING SUCH FUNDS, THE MULTI-YEAR IMPACTS OF THESE
ALLOCATIONS, AND THE AVAILABILITY OF FEDERAL MATCHING FUNDS. THE COMMIS-
SIONER SHALL PROVIDE QUARTERLY  REPORTS  TO  THE  CHAIR  OF  THE  SENATE
FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE
ON THE DISTRIBUTION AND DISBURSEMENT OF SUCH FUNDS.
  S 12. Section 2807 of the public health law is amended by adding a new
subdivision 22 to read as follows:
   22. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AND SUBJECT
TO FEDERAL FINANCIAL PARTICIPATION, GENERAL HOSPITALS DESIGNATED AS SOLE
COMMUNITY HOSPITALS IN ACCORDANCE WITH TITLE XVIII OF THE FEDERAL SOCIAL
SECURITY  ACT  SHALL  BE ELIGIBLE FOR ENHANCED PAYMENTS OR REIMBURSEMENT
FOR INPATIENT AND/OR OUTPATIENT SERVICES OF UP TO TWELVE MILLION DOLLARS
UNDER A SUPPLEMENTAL OR REVISED RATE  METHODOLOGY,  ESTABLISHED  BY  THE
COMMISSIONER  IN  REGULATION,  FOR  THE  PURPOSE OF PROMOTING ACCESS AND
IMPROVING THE QUALITY OF CARE. IF  FEDERAL  FINANCIAL  PARTICIPATION  IS

S. 2007--B                         13                         A. 3007--B

UNAVAILABLE,  THEN  THE  NON-FEDERAL  SHARE OF SUCH PAYMENTS PURSUANT TO
THIS SUBDIVISION MAY BE MADE AS STATE GRANTS.
  (A)  THIRTY DAYS PRIOR TO ADOPTING OR APPLYING A METHODOLOGY OR PROCE-
DURE FOR MAKING AN ALLOCATION OR  MODIFICATION  TO  AN  ALLOCATION  MADE
PURSUANT  TO  THIS  SUBDIVISION,  THE COMMISSIONER SHALL PROVIDE WRITTEN
NOTICE TO THE CHAIRS OF THE SENATE FINANCE COMMITTEE, THE ASSEMBLY  WAYS
AND  MEANS COMMITTEE, AND THE SENATE AND ASSEMBLY HEALTH COMMITTEES WITH
REGARD TO THE INTENT TO ADOPT OR APPLY  THE  METHODOLOGY  OR  PROCEDURE,
INCLUDING A DETAILED EXPLANATION OF THE METHODOLOGY OR PROCEDURE.
  (B) THIRTY DAYS PRIOR TO EXECUTING AN ALLOCATION OR MODIFICATION TO AN
ALLOCATION  MADE  PURSUANT  TO  THIS SUBDIVISION, THE COMMISSIONER SHALL
PROVIDE WRITTEN NOTICE TO THE CHAIRS OF THE  SENATE  FINANCE  COMMITTEE,
THE  ASSEMBLY  WAYS  AND  MEANS  COMMITTEE,  AND THE SENATE AND ASSEMBLY
HEALTH COMMITTEES WITH REGARD TO THE INTENT TO  DISTRIBUTE  SUCH  FUNDS.
SUCH  NOTICE  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, INFORMATION ON THE
METHODOLOGY USED TO DISTRIBUTE THE FUNDS, THE  FACILITY  SPECIFIC  ALLO-
CATIONS  OF  THE  FUNDS,  ANY  FACILITY SPECIFIC PROJECT DESCRIPTIONS OR
REQUIREMENTS FOR RECEIVING SUCH FUNDS, THE MULTI-YEAR IMPACTS  OF  THESE
ALLOCATIONS, AND THE AVAILABILITY OF FEDERAL MATCHING FUNDS. THE COMMIS-
SIONER  SHALL  PROVIDE  QUARTERLY  REPORTS  TO  THE  CHAIR OF THE SENATE
FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE
ON THE DISTRIBUTION AND DISBURSEMENT OF SUCH FUNDS.
  S 13. Subdivision (e) of section 2826 of the  public  health  law,  as
added  by  section  27  of  part C of chapter 60 of the laws of 2014, is
amended and a new subdivision (e-1) is added to read as follows:
  (e) Notwithstanding any law to the contrary, general hospitals defined
as critical access hospitals pursuant to  title  XVIII  of  the  federal
social security act shall be allocated no less than [five] SEVEN million
FIVE  HUNDRED  THOUSAND  dollars  annually pursuant to this section. The
department of health shall provide a report to the governor and legisla-
ture no later  than  [December]  JUNE  first,  two  thousand  [fourteen]
FIFTEEN providing recommendations on how to ensure the financial stabil-
ity  of,  and  preserve  patient  access  to, critical access hospitals,
INCLUDING AN EXAMINATION OF PERMANENT MEDICAID RATE METHODOLOGY CHANGES.
  (E-1) THIRTY DAYS PRIOR TO EXECUTING AN ALLOCATION OR MODIFICATION  TO
AN  ALLOCATION  MADE  PURSUANT  TO  THIS SECTION, THE COMMISSIONER SHALL
PROVIDE WRITTEN NOTICE TO THE CHAIR OF THE SENATE FINANCE COMMITTEE  AND
THE  CHAIR  OF THE ASSEMBLY WAYS AND MEANS COMMITTEE WITH REGARDS TO THE
INTENT TO DISTRIBUTE SUCH FUNDS. SUCH NOTICE SHALL INCLUDE, BUT  NOT  BE
LIMITED TO, INFORMATION ON THE METHODOLOGY USED TO DISTRIBUTE THE FUNDS,
THE  FACILITY  SPECIFIC  ALLOCATIONS OF THE FUNDS, ANY FACILITY SPECIFIC
PROJECT DESCRIPTIONS OR  REQUIREMENTS  FOR  RECEIVING  SUCH  FUNDS,  THE
MULTI-YEAR IMPACTS OF THESE ALLOCATIONS, AND THE AVAILABILITY OF FEDERAL
MATCHING  FUNDS. THE COMMISSIONER SHALL PROVIDE QUARTERLY REPORTS TO THE
CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS
AND MEANS COMMITTEE ON THE DISTRIBUTION AND DISBURSEMENT OF SUCH  FUNDS.
WITHIN  SIXTY DAYS OF THE EFFECTIVENESS OF THIS SUBDIVISION, THE COMMIS-
SIONER SHALL PROVIDE A WRITTEN REPORT TO THE CHAIR OF THE SENATE FINANCE
COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE ON  ALL
AWARDS  MADE PURSUANT TO THIS SECTION PRIOR TO THE EFFECTIVENESS OF THIS
SUBDIVISION, INCLUDING ALL INFORMATION THAT IS REQUIRED TO  BE  INCLUDED
IN THE NOTICE REQUIREMENTS OF THIS SUBDIVISION.
  S 14. Section 2826 of the public health law is amended by adding a new
subdivision (f) to read as follows:
  (F)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AND SUBJECT
TO FEDERAL FINANCIAL PARTICIPATION, NO LESS  THAN  TEN  MILLION  DOLLARS

S. 2007--B                         14                         A. 3007--B

SHALL BE ALLOCATED TO PROVIDERS DESCRIBED IN THIS SUBDIVISION; PROVIDED,
HOWEVER  THAT  IF FEDERAL FINANCIAL PARTICIPATION IS UNAVAILABLE FOR ANY
ELIGIBLE PROVIDER, OR FOR ANY POTENTIAL INVESTMENT UNDER  THIS  SUBDIVI-
SION THEN THE NON-FEDERAL SHARE OF PAYMENTS PURSUANT TO THIS SUBDIVISION
MAY BE MADE AS STATE GRANTS.
  (I)  PROVIDERS  SERVING RURAL AREAS AS SUCH TERM IS DEFINED IN SECTION
TWO THOUSAND NINE HUNDRED FIFTY-ONE OF THIS CHAPTER, INCLUDING  BUT  NOT
LIMITED TO HOSPITALS, RESIDENTIAL HEALTH CARE FACILITIES, DIAGNOSTIC AND
TREATMENT  CENTERS,  AMBULATORY  SURGERY  CENTERS  AND  CLINICS SHALL BE
ELIGIBLE FOR ENHANCED PAYMENTS OR  REIMBURSEMENT  UNDER  A  SUPPLEMENTAL
RATE  METHODOLOGY  FOR THE PURPOSE OF PROMOTING ACCESS AND IMPROVING THE
QUALITY OF CARE.
  (II) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AND SUBJECT
TO  FEDERAL  FINANCIAL  PARTICIPATION,  ESSENTIAL  COMMUNITY  PROVIDERS,
WHICH,  FOR  THE  PURPOSES  OF  THIS SECTION, SHALL MEAN A PROVIDER THAT
OFFERS HEALTH SERVICES WITHIN A DEFINED AND ISOLATED  GEOGRAPHIC  REGION
WHERE  SUCH SERVICES WOULD OTHERWISE BE UNAVAILABLE TO THE POPULATION OF
SUCH REGION, SHALL BE ELIGIBLE FOR ENHANCED  PAYMENTS  OR  REIMBURSEMENT
UNDER  A  SUPPLEMENTAL  RATE  METHODOLOGY  FOR  THE PURPOSE OF PROMOTING
ACCESS AND IMPROVING QUALITY OF  CARE.  ELIGIBLE  PROVIDERS  UNDER  THIS
PARAGRAPH  MAY  INCLUDE,  BUT ARE NOT LIMITED TO, HOSPITALS, RESIDENTIAL
HEALTH CARE FACILITIES, DIAGNOSTIC  AND  TREATMENT  CENTERS,  AMBULATORY
SURGERY CENTERS AND CLINICS.
  (III)  IN  MAKING  SUCH  PAYMENTS THE COMMISSIONER MAY CONTEMPLATE THE
EXTENT TO WHICH ANY SUCH PROVIDER RECEIVES ASSISTANCE UNDER  SUBDIVISION
(A)  OF  THIS  SECTION AND MAY REQUIRE SUCH PROVIDER TO SUBMIT A WRITTEN
PROPOSAL DEMONSTRATING THAT THE NEED FOR MONIES UNDER  THIS  SUBDIVISION
EXCEEDS MONIES OTHERWISE DISTRIBUTED PURSUANT TO THIS SECTION.
  (IV)  PAYMENTS  UNDER THIS SUBDIVISION MAY INCLUDE, BUT NOT BE LIMITED
TO, TEMPORARY RATE ADJUSTMENTS, LUMP SUM MEDICAID PAYMENTS, SUPPLEMENTAL
RATE METHODOLOGIES AND ANY OTHER PAYMENTS AS DETERMINED BY  THE  COMMIS-
SIONER.
  (V)  PAYMENTS  UNDER  THIS SUBDIVISION SHALL BE SUBJECT TO APPROVAL BY
THE DIRECTOR OF THE BUDGET.
  (VI) THE COMMISSIONER MAY PROMULGATE  REGULATIONS  TO  EFFECTUATE  THE
PROVISIONS OF THIS SUBDIVISION.
  (VII)  THIRTY  DAYS  PRIOR  TO  ADOPTING  OR APPLYING A METHODOLOGY OR
PROCEDURE FOR MAKING AN ALLOCATION OR MODIFICATION TO AN ALLOCATION MADE
PURSUANT TO THIS SUBDIVISION, THE  COMMISSIONER  SHALL  PROVIDE  WRITTEN
NOTICE  TO THE CHAIRS OF THE SENATE FINANCE COMMITTEE, THE ASSEMBLY WAYS
AND MEANS COMMITTEE, AND THE SENATE AND ASSEMBLY HEALTH COMMITTEES  WITH
REGARD  TO  THE  INTENT  TO ADOPT OR APPLY THE METHODOLOGY OR PROCEDURE,
INCLUDING A DETAILED EXPLANATION OF THE METHODOLOGY OR PROCEDURE.
  (VIII) THIRTY DAYS PRIOR TO EXECUTING AN ALLOCATION OR MODIFICATION TO
AN ALLOCATION MADE PURSUANT TO THIS SUBDIVISION, THE COMMISSIONER  SHALL
PROVIDE  WRITTEN  NOTICE  TO THE CHAIRS OF THE SENATE FINANCE COMMITTEE,
THE ASSEMBLY WAYS AND MEANS  COMMITTEE,  AND  THE  SENATE  AND  ASSEMBLY
HEALTH  COMMITTEES  WITH  REGARD TO THE INTENT TO DISTRIBUTE SUCH FUNDS.
SUCH NOTICE SHALL INCLUDE, BUT NOT BE LIMITED  TO,  INFORMATION  ON  THE
METHODOLOGY  USED  TO  DISTRIBUTE THE FUNDS, THE FACILITY SPECIFIC ALLO-
CATIONS OF THE FUNDS, ANY  FACILITY  SPECIFIC  PROJECT  DESCRIPTIONS  OR
REQUIREMENTS  FOR  RECEIVING SUCH FUNDS, THE MULTI-YEAR IMPACTS OF THESE
ALLOCATIONS, AND THE AVAILABILITY OF FEDERAL MATCHING FUNDS. THE COMMIS-
SIONER SHALL PROVIDE QUARTERLY  REPORTS  TO  THE  CHAIR  OF  THE  SENATE
FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE
ON THE DISTRIBUTION AND DISBURSEMENT OF SUCH FUNDS.

S. 2007--B                         15                         A. 3007--B

  S  15.  Paragraph  (b) of subdivision 6 of section 367-a of the social
services law, as added by chapter 41 of the laws of  1992,  subparagraph
(iii)  as  amended by chapter 843 of the laws of 1992, subparagraph (iv)
as amended by section 40 of part C of chapter 58 of the laws of 2005, is
amended and a new paragraph (b-1) is added to read as follows:
  (b)  Co-payments  shall apply to all eligible persons for the services
defined in paragraph (d) of this subdivision with the exception of:
  (i) individuals under twenty-one years of age;
  (ii) pregnant women;
  (iii) individuals who are inpatients in a medical  facility  who  have
been  required  to  spend  all  of their income for medical care, except
their personal needs allowance or residents of community based  residen-
tial facilities licensed by the office of mental health or the office of
mental retardation and developmental disabilities who have been required
to spend all of their income, except their personal needs allowance;
  (iv) individuals enrolled in health maintenance organizations or other
entities  which  provide comprehensive health services, or other managed
care programs for services covered by such programs,  except  that  such
persons, other than persons otherwise exempted from co-payments pursuant
to  subparagraphs  (i), (ii), (iii) and (v) of this paragraph, and other
than those persons enrolled in a managed long term care  program,  shall
be  subject to co-payments as described in subparagraph (v) of paragraph
(d) of this subdivision; [and]
  (v) INDIVIDUALS WHOSE FAMILY INCOME IS LESS THAN ONE  HUNDRED  PERCENT
OF  THE  FEDERAL  POVERTY LINE, AS DEFINED IN SUBPARAGRAPH FOUR OF PARA-
GRAPH (A) OF SUBDIVISION ONE OF SECTION THREE HUNDRED SIXTY-SIX OF  THIS
TITLE, FOR A FAMILY OF THE SAME SIZE; AND
  (VI)  any  other individuals required to be excluded by federal law or
regulations.
  (B-1) THE COMMISSIONER IS AUTHORIZED TO SUBMIT ANY REQUEST OR APPLICA-
TION TO THE CENTERS FOR MEDICARE AND MEDICAID SERVICES AS MAY BE  NECES-
SARY  TO  BE  GRANTED  A WAIVER OF THE REQUIREMENT FOR THE DEPARTMENT OF
HEALTH TO CALCULATE ITS MEDICAID PAYMENTS TO MANAGED CARE  ORGANIZATIONS
TO  INCLUDE  COST  SHARING  ESTABLISHED UNDER THE STATE PLAN FOR MEDICAL
ASSISTANCE FOR ENROLLEES WHO ARE NOT EXEMPT FROM COST  SHARING.  IN  THE
ABSENCE  OF  SUCH  A  WAIVER,  THE  COMMISSIONER  SHALL  ADJUST MEDICAID
PAYMENTS TO MANAGED CARE  ORGANIZATIONS  BEGINNING  OCTOBER  FIRST,  TWO
THOUSAND  FIFTEEN  OR  ON THE DATE THE CENTERS FOR MEDICARE AND MEDICAID
SERVICES COMMENCES ENFORCEMENT OF SUCH REQUIREMENT, WHICHEVER IS LATER.
  S 15-a. Paragraph (b) of subdivision 6 of section 367-a of the  social
services  law,  as amended by section fifteen of this act, is amended to
read as follows:
  (b) Co-payments shall apply to all eligible persons for  the  services
defined in paragraph (d) of this subdivision with the exception of:
  (i) individuals under twenty-one years of age;
  (ii) pregnant women;
  (iii)  individuals  who  are inpatients in a medical facility who have
been required to spend all of their  income  for  medical  care,  except
their  personal needs allowance or residents of community based residen-
tial facilities licensed by the office of mental health or the office of
mental retardation and developmental disabilities who have been required
to spend all of their income, except their personal needs allowance;
  (iv) [individuals enrolled  in  health  maintenance  organizations  or
other  entities  which  provide  comprehensive health services, or other
managed care programs for services covered by such programs, except that
such persons, other than persons  otherwise  exempted  from  co-payments

S. 2007--B                         16                         A. 3007--B

pursuant  to  subparagraphs  (i), (ii), (iii) and (v) of this paragraph,
and other than those persons  enrolled  in  a  managed  long  term  care
program,  shall  be  subject to co-payments as described in subparagraph
(v) of paragraph (d) of this subdivision;
  (v)]  individuals whose family income is less than one hundred percent
of the federal poverty line, as defined in subparagraph  four  of  para-
graph  (a) of subdivision one of section three hundred sixty-six of this
title, for a family of the same size; and
  [(vi)] (V) any other individuals required to be  excluded  by  federal
law or regulations.
  S 16.  Section 12 of part A of chapter 1 of the laws of 2002, relating
to the health care reform act of 2000, is amended to read as follows:
  S  12. Notwithstanding any inconsistent provision of law or regulation
to the contrary, and subject to the availability  of  federal  financial
participation  pursuant to title XIX of the federal social security act,
effective for the period September 1, 2001 through March 31,  2002,  and
state  fiscal  years thereafter, UNTIL MARCH 31, 2012, the department of
health is authorized to pay a specialty hospital  adjustment  to  public
general  hospitals,  as defined in subdivision 10 of section 2801 of the
public health law, other than those operated by the state of New York or
the state university of New York, receiving reimbursement for all  inpa-
tient services under title XIX of the federal social security act pursu-
ant  to  paragraph  (e) of subdivision 4 of section 2807-c of the public
health law, and located in a city with a population of over  1  million,
of up to four hundred sixty-three million dollars for the period Septem-
ber  1,  2001 through March 31, 2002 and up to seven hundred ninety-four
million dollars annually for state fiscal years  thereafter  as  medical
assistance payments for inpatient services pursuant to title 11 of arti-
cle  5  of  the  social  services  law for patients eligible for federal
financial participation under title XIX of the federal  social  security
act  based on each such hospital's proportionate share of the sum of all
inpatient discharges for  all  facilities  eligible  for  an  adjustment
pursuant  to  this section for the base year two years prior to the rate
year. Such proportionate share payment may be added to rates of  payment
or made as aggregate payments to eligible public general hospitals.
  S  17. Section 13 of part B of chapter 1 of the laws of 2002, relating
to the health care reform act of 2000, is amended to read as follows:
  S 13. Notwithstanding any inconsistent provision of law or  regulation
to  the  contrary,  and subject to the availability of federal financial
participation pursuant to title XIX of the federal social security  act,
effective for the period April 1, 2002 through March 31, 2003, and state
fiscal  years  thereafter UNTIL MARCH 31, 2012, the department of health
is authorized to pay a specialty hospital adjustment to  public  general
hospitals,  as  defined  in subdivision 10 of section 2801 of the public
health law, other than those operated by the state of New  York  or  the
state  university of New York, receiving reimbursement for all inpatient
services under title XIX of the federal social security act pursuant  to
paragraph  (e)  of  subdivision 4 of section 2807-c of the public health
law, and located in a city with a population of over one million, of  up
to two hundred eighty-six million dollars as medical assistance payments
for  inpatient  services pursuant to title 11 of article 5 of the social
services law for patients eligible for federal  financial  participation
under  title  XIX  of the federal social security act based on each such
hospital's proportionate share of the sum of  all  inpatient  discharges
for  all  facilities eligible for an adjustment pursuant to this section
for the base year two years prior to the rate year.  Such  proportionate

S. 2007--B                         17                         A. 3007--B

share  payment  may  be  added  to rates of payment or made as aggregate
payments to eligible hospitals.
  S  18. Notwithstanding any inconsistent provision of law or regulation
to the contrary, and subject to the availability  of  federal  financial
participation  pursuant to title XIX of the federal social security act,
effective for the period April 1, 2012,  through  March  31,  2013,  and
state fiscal years thereafter, the department of health is authorized to
pay a public hospital adjustment to public general hospitals, as defined
in  subdivision  10 of section 2801 of the public health law, other than
those operated by the state of New York or the state university  of  New
York,  and  located in a city with a population of over 1 million, of up
to one billion eighty million dollars  annually  as  medical  assistance
payments for inpatient services pursuant to title 11 of article 5 of the
social  services law for patients eligible for federal financial partic-
ipation under title XIX of the federal social security act based on such
criteria and methodologies as the commissioner may from time to time set
through a memorandum of understanding with the New York city health  and
hospitals  corporation,  and  such adjustments shall be paid by means of
one or more estimated payments,  with  such  estimated  payments  to  be
reconciled  to  the  commissioner  of health's final adjustment determi-
nations after the disproportionate  share  hospital  payment  adjustment
caps have been calculated for such period under sections 1923(f) and (g)
of the federal social security act. Such adjustment payment may be added
to  rates  of  payment  or made as aggregate payments to eligible public
general hospitals.
  S 19.  Section 14 of part A of chapter 1 of the laws of 2002, relating
to the health care reform act of 2000, is amended to read as follows:
  S 14. Notwithstanding any inconsistent provision of law, rule or regu-
lation to the contrary, and  subject  to  the  availability  of  federal
financial  participation  pursuant  to  title  XIX of the federal social
security act, effective for the period January 1, 2002 through March 31,
2002, and state fiscal  years  thereafter  UNTIL  MARCH  31,  2011,  the
department of health is authorized to increase the operating cost compo-
nent  of  rates  of payment for general hospital outpatient services and
general hospital emergency room services issued  pursuant  to  paragraph
(g) of subdivision 2 of section 2807 of the public health law for public
general  hospitals,  as defined in subdivision 10 of section 2801 of the
public health law, other than those operated by the state of New York or
the state university of New York, and located in a  city  with  a  popu-
lation  of  over  one  million, which experienced free patient visits in
excess of twenty percent of their total self-pay and free patient visits
based on data reported on exhibit 33 of their  1999  institutional  cost
report  and  which  experienced uninsured outpatient losses in excess of
seventy-five percent of their total inpatient and  outpatient  uninsured
losses  based on data reported on exhibit 47 of their 1999 institutional
cost report, of up to thirty-four million dollars for the period January
1, 2002 through March 31, 2002 and up to one hundred thirty-six  million
dollars annually for state fiscal years thereafter as medical assistance
payments  for  outpatient  services pursuant to title 11 of article 5 of
the social services law for  patients  eligible  for  federal  financial
participation  under  title XIX of the federal social security act based
on each such hospital's proportionate share of the sum of all outpatient
visits for all facilities eligible for an adjustment  pursuant  to  this
section for the base year two years prior to the rate year. Such propor-
tionate share payment may be added to rates of payment or made as aggre-
gate payments to eligible public general hospitals.

S. 2007--B                         18                         A. 3007--B

  S  20. Section 14 of part B of chapter 1 of the laws of 2002, relating
to the health care reform act of 2000, is amended to read as follows:
  S  14. Notwithstanding any inconsistent provision of law or regulation
to the contrary, and subject to the availability  of  federal  financial
participation  pursuant to title XIX of the federal social security act,
effective for the period January 1, 2002 through  March  31,  2002,  and
state  fiscal  years  thereafter UNTIL MARCH 31, 2011, the department of
health is authorized to increase the operating cost component  of  rates
of payment for general hospital outpatient services and general hospital
emergency  room services issued pursuant to paragraph (g) of subdivision
2 of section 2807 of the public health law for public general hospitals,
as defined in subdivision 10 of section 2801 of the public  health  law,
other  than those operated by the state of New York or the state univer-
sity of New York, and located in a city with a population  of  over  one
million,  which  experienced  free  patient  visits  in excess of twenty
percent of their total self-pay and free patient visits  based  on  data
reported on exhibit 33 of their 1999 institutional cost report and which
experienced  uninsured  outpatient  losses  in  excess  of  seventy-five
percent of their total inpatient and outpatient uninsured  losses  based
on  data reported on exhibit 47 of their 1999 institutional cost report,
of up to thirty-seven million dollars for the  period  January  1,  2002
through March 31, 2002 and one hundred fifty-one million dollars annual-
ly  for state fiscal years thereafter as medical assistance payments for
outpatient services pursuant to title 11 of  article  5  of  the  social
services  law  for patients eligible for federal financial participation
under title XIX of the federal social security act based  on  each  such
hospital's  proportionate  share of the sum of all outpatient visits for
all facilities eligible for an adjustment pursuant to this  section  for
the base year two years prior to the rate year. Such proportionate share
payment  may  be added to rates of payment or made as aggregate payments
to eligible public general hospitals.
  S 21. Notwithstanding any inconsistent provision of law, rule or regu-
lation to the contrary, and  subject  to  the  availability  of  federal
financial  participation  pursuant  to  title  XIX of the federal social
security act, effective for the period April 1, 2011 through  March  31,
2012,  and  state  fiscal  years thereafter, the department of health is
authorized to increase the operating cost component of rates of  payment
for  general hospital outpatient services and general hospital emergency
room services issued pursuant to  paragraph  (g)  of  subdivision  2  of
section  2807  of the public health law for public general hospitals, as
defined in subdivision 10 of section 2801  of  the  public  health  law,
other  than those operated by the state of New York or the state univer-
sity of New York, and located in a  city  with  a  population  over  one
million,  up  to  two  hundred  eighty-seven million dollars annually as
medical assistance payments for outpatient services pursuant to title 11
of article 5 of the social services law for patients eligible for feder-
al financial participation under title XIX of the federal social securi-
ty act based on such criteria and methodologies as the commissioner  may
from time to time set through a memorandum of understanding with the New
York  city  health and hospitals corporation, and such adjustments shall
be paid by means of one or more estimated payments, with such  estimated
payments  to be reconciled to the commissioner of health's final adjust-
ment determinations after the disproportionate  share  hospital  payment
adjustment  caps  have  been  calculated  for such period under sections
1923(f) and (g) of the federal  social  security  act.  Such  adjustment

S. 2007--B                         19                         A. 3007--B

payment  may  be added to rates of payment or made as aggregate payments
to eligible public general hospitals.
  S  22. Section 16 of part A of chapter 1 of the laws of 2002, relating
to the health care reform act of 2000, is amended to read as follows:
  S 16. Any amounts provided pursuant to sections eleven, twelve,  thir-
teen  and fourteen of this act shall be effective for purposes of deter-
mining payments for public general hospitals contingent  on  receipt  of
all  approvals required by federal law or regulations for federal finan-
cial participation in payments made pursuant to title XIX of the federal
social security act. If federal approvals are not granted  for  payments
based  on such amounts or components thereof, payments to public general
hospitals shall be determined without consideration of such  amounts  or
such  components. Public general hospitals shall refund to the state, or
the  state  may  recoup  from  prospective  payments,  any   overpayment
received,  including  those  based  on  a  retroactive  reduction in the
payments. Any reduction in federal financial participation  pursuant  to
title  XIX  of  the federal social security act related to federal upper
payment limits APPLICABLE TO PUBLIC GENERAL HOSPITALS OTHER  THAN  THOSE
OPERATED  BY  THE  STATE OF NEW YORK OR THE STATE UNIVERSITY OF NEW YORK
shall be deemed to apply first to amounts provided pursuant to  sections
eleven,  twelve, thirteen and fourteen of this act AND SECTIONS EIGHTEEN
AND TWENTY-ONE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND  FIFTEEN  THAT
AMENDED THIS SECTION.
  S 23.  Section 20 of part B of chapter 1 of the laws of 2002, relating
to the health care reform act of 2000, is amended to read as follows:
  S  20. Any amounts provided pursuant to sections thirteen and fourteen
of this act shall be effective for purposes of determining payments  for
public general hospitals contingent on receipt of all approvals required
by  federal  law  or  regulations for federal financial participation in
payments made pursuant to title XIX of the federal social security  act.
If  federal approvals are not granted for payments based on such amounts
or components thereof, payments to public  general  hospitals  shall  be
determined  without  consideration  of  such amounts or such components.
Public general hospitals shall refund to the state,  or  the  state  may
recoup  from  prospective  payments, any overpayment received, including
those based on a retroactive reduction in the payments. Any reduction in
federal financial participation pursuant to title  XIX  of  the  federal
social  security  act related to federal upper payment limits APPLICABLE
TO PUBLIC GENERAL HOSPITALS OTHER THAN THOSE OPERATED BY  THE  STATE  OF
NEW  YORK  OR  THE STATE UNIVERSITY OF NEW YORK shall be deemed to apply
first to amounts provided pursuant to sections thirteen and fourteen  of
this act AND SECTIONS EIGHTEEN AND TWENTY-ONE OF THE CHAPTER OF THE LAWS
OF TWO THOUSAND FIFTEEN THAT AMENDED THIS SECTION.
  S  24.    Subdivision  7  of section 2807 of the public health law, as
amended by section 195 of part A of chapter 389 of the laws of 1997,  is
amended to read as follows:
  7. Reimbursement rate promulgation. The commissioner shall notify each
[hospital]  RESIDENTIAL  HEALTH CARE FACILITY and health-related service
of its approved rates of payment which shall be used in reimbursing  for
services provided to persons eligible for payments made by state govern-
mental  agencies at least sixty days prior to the beginning of an estab-
lished rate period for which the rate is to  become  effective  AND  FOR
GENERAL  HOSPITALS  AT  LEAST  THIRTY  DAYS PRIOR TO THE BEGINNING OF AN
ESTABLISHED RATE PERIOD FOR WHICH  THE  RATE  IS  TO  BECOME  EFFECTIVE.
Notification  shall be made only after approval of rate schedules by the
state  director  of  the  budget.  The  sixty  and  thirty  day   notice

S. 2007--B                         20                         A. 3007--B

provisions,  herein,  shall not apply to rates issued following judicial
annulment or invalidation of  any  previously  issued  rates,  or  rates
issued  pursuant  to  changes  in  the methodology used to compute rates
which changes are promulgated following the judicial annulment or inval-
idation  of  previously issued rates.   Notwithstanding any provision of
law to the contrary, nothing in  this  subdivision  shall  prohibit  the
recalculation and payment of rates, including both positive and negative
adjustments,  based  on  a reconciliation of amounts paid by residential
health care facilities beginning April first, nineteen  hundred  ninety-
seven  for  additional  assessments  or  further  additional assessments
pursuant to section twenty-eight hundred seven-d of  this  article  with
the amounts originally recognized for reimbursement purposes.
  S 24-a. Intentionally omitted.
  S  24-b. Paragraphs (c), (d) and (e) of subdivision 20 of section 2807
of the public health law, as added by section 8-a of part A  of  chapter
60  of  the laws of 2014, are relettered paragraphs (d), (e) and (f) and
amended and a new paragraph (c) is added to read as follows:
  (C)(I) PROJECT ADVISORY COMMITTEES. 1. LEAD ENTITIES OF SYSTEMS ESTAB-
LISHED UNDER THE  MEDICAID  DELIVERY  SYSTEM  REFORM  INCENTIVE  PAYMENT
("DSRIP")  PROGRAM  SHALL  ESTABLISH  A PROJECT ADVISORY COMMITTEE.  THE
COMMITTEE SHALL CONSIDER AND ADVISE THE  ENTITY  ON  MATTERS  CONCERNING
SYSTEM  OPERATIONS,  SERVICE DELIVERY ISSUES, ELIMINATION OF HEALTH CARE
DISPARITIES, MEASUREMENT  OF  PROJECT  OUTCOMES,  THE  DEGREE  TO  WHICH
PROJECT  GOALS  ARE  BEING  REACHED  AND THE DEVELOPMENT OF ANY PLANS OR
PROGRAMS. THE ENTITY MAY ESTABLISH RULES WITH  RESPECT  TO  ITS  PROJECT
ADVISORY COMMITTEE.
  (II)  THE  MEMBERS  OF  THE  COMMITTEE SHALL BE REPRESENTATIVES OF THE
COMMUNITY, OR GEOGRAPHIC SERVICE AREAS, SERVED BY THE SYSTEM,  INCLUDING
MEDICAID  CONSUMERS  ATTRIBUTED  TO  THAT  SYSTEM, AND ANY OTHER MEMBERS
REQUIRED BY THE TERMS AND CONDITIONS OF  THE  DSRIP  PROGRAM.  THE  LEAD
ENTITY  SHALL  FILE WITH THE COMMISSIONER, AND FROM TIME TO TIME UPDATE,
AN UP-TO-DATE LIST OF THE MEMBERS OF THE COMMITTEE, WHICH SHALL BE  MADE
AVAILABLE TO THE PUBLIC BY THE DEPARTMENT ON ITS WEBSITE.
  (III) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, NO OFFICER OR
EMPLOYEE  OF THE STATE OR OF ANY CIVIL DIVISION THEREOF, SHALL BE DEEMED
TO HAVE FORFEITED OR SHALL FORFEIT HIS OR HER OFFICE  OR  EMPLOYMENT  BY
REASON  OF  HIS  OR  HER  ACCEPTANCE OF MEMBERSHIP ON A PROJECT ADVISORY
COMMITTEE. NO MEMBER OF  A  PROJECT  ADVISORY  COMMITTEE  SHALL  RECEIVE
COMPENSATION  OR  ALLOWANCE  FOR  SERVICES  RENDERED  ON  THE COMMITTEE,
EXCEPT, HOWEVER, THAT MEMBERS OF A COMMITTEE MAY BE  REIMBURSED  BY  THE
ENTITY  OR SYSTEM FOR NECESSARY EXPENSES INCURRED IN RELATION TO SERVICE
ON A PROJECT ADVISORY COMMITTEE.
  (d) For periods on and after April first, two thousand  fourteen,  the
commissioner  shall  provide a report on a quarterly basis to the chairs
of the senate finance, assembly ways and means, senate health and assem-
bly health committees with regard to the status of  the  DSRIP  program.
Such reports shall be submitted no later than sixty days after the close
of the quarter, and shall include the most current information submitted
by  providers  to  the  state  and  the  federal  CMS. The reports shall
include:
  (i) analysis of progress made toward DSRIP goals;
  (ii) the impact on the state's health care delivery system;
  (iii) information on the number and types  of  providers  who  partic-
ipate;
  (iv)  plans  and  progress  for  monitoring  provider  compliance with
requirements;

S. 2007--B                         21                         A. 3007--B

  (v) a status update on project milestone progress;
  (vi) information on project spending and budget;
  (vii) analysis of impact on Medicaid beneficiaries served;
  (viii) a summary of public engagement and public comments received;
  (ix) a description of DSRIP funding applications that were denied;
  (x)  a  description of all regulation waivers issued pursuant to para-
graph [(e)] (F) of this subdivision; and
  (xi) a summary of the statewide geographic distribution of funds.
  (e) For periods on and after April first, two  thousand  fourteen  the
commissioner  shall promptly make all DSRIP governing documents, includ-
ing 1115 waiver standard terms and  conditions,  supporting  attachments
and  detailed  project descriptions, and all materials made available to
the legislature pursuant to paragraph [(c)]  (D)  of  this  subdivision,
available  on  the  department's  website.  The  commissioner shall also
provide a detailed overview on the department's website of the  opportu-
nities for public comment on the DSRIP program.
  (f)  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, consistent with applicable
law, to allow applicants under this subdivision  and  paragraph  (a)  of
subdivision  two  of  section  twenty-eight  hundred twenty-five of this
article to avoid duplication of requirements and to allow the  efficient
implementation  of  the  proposed project; provided, however, that regu-
lations pertaining to patient safety may not be waived,  nor  shall  any
regulations  be  waived  if  such waiver would risk patient safety. Such
waiver shall not exceed the life of the project  or  such  shorter  time
periods  as  the  authorizing commissioner may determine. Any regulatory
relief granted pursuant to this subdivision shall be described,  includ-
ing  each [regulations] REGULATION waived and the project it relates to,
in the report provided pursuant to paragraph [(c)] (D) of this  subdivi-
sion.
  S  25.  Section  365-l of the social services law is amended by adding
two new subdivisions 2-b and 2-c to read as follows:
  2-B. THE COMMISSIONER IS AUTHORIZED TO  MAKE  GRANTS  UP  TO  A  GROSS
AMOUNT  OF  FIVE  MILLION DOLLARS, TO ESTABLISH COORDINATION BETWEEN THE
HEALTH HOMES AND THE CRIMINAL JUSTICE SYSTEM AND FOR THE INTEGRATION  OF
INFORMATION  OF  HEALTH  HOMES WITH STATE AND LOCAL CORRECTIONAL FACILI-
TIES, TO THE EXTENT PERMITTED BY LAW. HEALTH HOMES RECEIVING FUNDS UNDER
THIS SUBDIVISION SHALL BE  REQUIRED  TO  DOCUMENT  AND  DEMONSTRATE  THE
EFFECTIVE USE OF FUNDS DISTRIBUTED HEREIN.
  2-C.  THE  COMMISSIONER  IS  AUTHORIZED  TO  MAKE GRANTS UP TO A GROSS
AMOUNT OF ONE MILLION DOLLARS FOR CERTIFIED APPLICATION  COUNSELORS  AND
ASSISTORS  TO  FACILITATE  THE  ENROLLMENT OF PERSONS IN HIGH RISK POPU-
LATIONS, INCLUDING BUT NOT LIMITED TO PERSONS WITH MENTAL HEALTH  AND/OR
SUBSTANCE  ABUSE  CONDITIONS  THAT  HAVE BEEN RECENTLY DISCHARGED OR ARE
PENDING RELEASE FROM STATE  AND  LOCAL  CORRECTIONAL  FACILITIES.  FUNDS
ALLOCATED  FOR  CERTIFIED  APPLICATION COUNSELORS AND ASSISTORS SHALL BE
EXPENDED THROUGH A REQUEST FOR PROPOSAL PROCESS.
  S 26. Intentionally omitted.
  S 27. Intentionally omitted.
  S 28.  Subdivisions 6 and 7 of section 369-gg of the  social  services
law  are  renumbered 7 and 8 and a new subdivision 6 is added to read as
follows:

S. 2007--B                         22                         A. 3007--B

  6. RATES OF PAYMENT.  (A) THE COMMISSIONER SHALL SELECT  THE  CONTRACT
WITH   AN   INDEPENDENT  ACTUARY  TO  STUDY  AND  RECOMMEND  APPROPRIATE
REIMBURSEMENT METHODOLOGIES FOR THE COST OF HEALTH CARE SERVICE COVERAGE
PURSUANT TO THIS TITLE. SUCH INDEPENDENT ACTUARY SHALL REVIEW  AND  MAKE
RECOMMENDATIONS CONCERNING APPROPRIATE ACTUARIAL ASSUMPTIONS RELEVANT TO
THE  ESTABLISHMENT  OF  REIMBURSEMENT  METHODOLOGIES,  INCLUDING BUT NOT
LIMITED TO; THE ADEQUACY OF RATES OF PAYMENT IN RELATION  TO  THE  POPU-
LATION  TO  BE  SERVED  ADJUSTED  FOR CASE MIX, THE SCOPE OF HEALTH CARE
SERVICES APPROVED ORGANIZATIONS MUST PROVIDE, THE  UTILIZATION  OF  SUCH
SERVICES AND THE NETWORK OF PROVIDERS REQUIRED TO MEET STATE STANDARDS.
  (B)  UPON  CONSULTATION  WITH  THE  INDEPENDENT  ACTUARY  AND ENTITIES
REPRESENTING APPROVED  ORGANIZATIONS,  THE  COMMISSIONER  SHALL  DEVELOP
REIMBURSEMENT  METHODOLOGIES  AND FEE SCHEDULES FOR DETERMINING RATES OF
PAYMENT, WHICH RATE SHALL BE APPROVED BY THE DIRECTOR OF THE DIVISION OF
THE BUDGET, TO BE MADE BY THE DEPARTMENT TO APPROVED  ORGANIZATIONS  FOR
THE  COST  OF HEALTH CARE SERVICES COVERAGE PURSUANT TO THIS TITLE. SUCH
REIMBURSEMENT METHODOLOGIES AND FEE SCHEDULES MAY INCLUDE PROVISIONS FOR
CAPITATION ARRANGEMENTS.
  (C) THE COMMISSIONER SHALL HAVE  THE  AUTHORITY  TO  PROMULGATE  REGU-
LATIONS,  INCLUDING  EMERGENCY  REGULATIONS, NECESSARY TO EFFECTUATE THE
PROVISIONS OF THIS SUBDIVISION.
  (D) THE DEPARTMENT SHALL  REQUIRE  THE  INDEPENDENT  ACTUARY  SELECTED
PURSUANT  TO  PARAGRAPH  (A)  OF  THIS SUBDIVISION TO PROVIDE A COMPLETE
ACTUARIAL REPORT, ALONG WITH ALL  ACTUARIAL  ASSUMPTIONS  MADE  AND  ALL
OTHER DATA, MATERIALS AND METHODOLOGIES USED IN THE DEVELOPMENT OF RATES
FOR  THE  BASIC  HEALTH  PLAN AUTHORIZED UNDER THIS SECTION. SUCH REPORT
SHALL BE PROVIDED ANNUALLY TO THE TEMPORARY PRESIDENT OF THE SENATE  AND
THE SPEAKER OF THE ASSEMBLY.
  S 28-a. Subdivision 2 of section 369-gg of the social services law, as
added  by  section  51  of  part C of chapter 60 of the laws of 2014, is
amended and a new subdivision 9 is added to read as follows:
  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. NOTWITHSTANDING THE FOREGOING, WITH-
IN  NINETY  DAYS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND FIFTEEN WHICH AMENDED THIS SUBDIVISION THE  COMMISSIONER  SHALL
SUBMIT A REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER
OF  THE  ASSEMBLY  DETAILING A CONTINGENCY PLAN IN THE EVENT ELIGIBILITY
RULES OR REGULATIONS ARE MODIFIED OR REPEALED; OR IN THE  EVENT  FEDERAL
PAYMENT  IS  REDUCED FROM NINETY FIVE PERCENT OF THE PREMIUM TAX CREDITS
AND COST-SHARING REDUCTIONS  PURSUANT  TO  THE  PATIENT  PROTECTION  AND
AFFORDABLE CARE ACT (P.L. 111-148). THE CONTINGENCY PLAN SHALL BE IMPLE-
MENTED  WITHIN NINETY DAYS OF THE ABOVE STATED EVENTS OR THE TIME PERIOD
SPECIFIED IN FEDERAL LAW.
  9. REPORTING.  THE COMMISSIONER SHALL SUBMIT A REPORT TO THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER  OF  THE  ASSEMBLY  ANNUALLY  BY
DECEMBER THIRTY-FIRST. THE REPORT SHALL INCLUDE, AT A MINIMUM, AN ANALY-
SIS OF THE BASIC HEALTH PROGRAM AND ITS IMPACT ON THE FINANCIAL INTEREST
OF  THE  STATE;  ITS  IMPACT  ON  THE  HEALTH BENEFIT EXCHANGE INCLUDING
ENROLLMENT AND PREMIUMS; ITS IMPACT ON THE NUMBER OF UNINSURED  INDIVID-
UALS  IN THE STATE; ITS IMPACT ON THE MEDICAID GLOBAL CAP; AND THE DEMO-

S. 2007--B                         23                         A. 3007--B

GRAPHICS OF BASIC HEALTH PROGRAM ENROLLEES INCLUDING AGE AND IMMIGRATION
STATUS.
  S  29. Section 1 of part B of chapter 59 of the laws of 2011, amending
the public health law relating to rates of payment and  medical  assist-
ance, is amended to read as follows:
  Section  1.    (a)  Notwithstanding any inconsistent provision of law,
rule or regulation to the contrary, and subject to the  availability  of
federal  financial participation, effective for the period April 1, 2011
through March 31, 2012, and  each  state  fiscal  year  thereafter,  the
department  of  health  is  authorized  to  make  supplemental  Medicaid
payments OR SUPPLEMENTAL MEDICAID MANAGED CARE PAYMENTS for professional
services provided  by  physicians,  nurse  practitioners  and  physician
assistants  who  are participating in a plan for the management of clin-
ical practice at the State University of New York,  in  accordance  with
title  11  of article 5 of the social services law for patients eligible
for federal financial participation  under  title  XIX  of  the  federal
social security act, in amounts that will increase fees for such profes-
sional services to an amount equal to the average commercial or Medicare
rate that would otherwise be received for such services rendered by such
physicians,  nurse  practitioners  and  physician assistants. The calcu-
lation of such supplemental fee payments shall  be  made  in  accordance
with  applicable  federal law and regulation and subject to the approval
of the division of the budget. Such supplemental Medicaid  fee  payments
may  be added to the professional fees paid under the fee schedule [or],
made as aggregate lump sum payments to eligible clinical practice  plans
authorized to receive professional fees OR MADE AS SUPPLEMENTAL PAYMENTS
MADE  FOR  SUCH  PURPOSE  AS  DESCRIBED  HEREIN TO MEDICAID MANAGED CARE
ORGANIZATIONS. SUPPLEMENTAL MEDICAID MANAGED CARE  PAYMENTS  UNDER  THIS
SECTION  SHALL  BE DISTRIBUTED TO PROVIDERS AS DETERMINED BY THE MANAGED
CARE MODEL CONTRACT AND MAY UTILIZE MANAGED CARE  ORGANIZATION  REPORTED
ENCOUNTER DATA AND OTHER SUCH METRICS AS DETERMINED BY THE DEPARTMENT OF
HEALTH  IN  ORDER  TO  ENSURE RATES OF PAYMENT EQUIVALENT TO THE AVERAGE
COMMERCIAL OR MEDICARE RATE THAT WOULD OTHERWISE BE  RECEIVED  FOR  SUCH
SERVICES  RENDERED BY SUCH PHYSICIANS, NURSE PRACTITIONERS AND PHYSICIAN
ASSISTANTS.
  (b) The affiliated State University of New York health science centers
shall be responsible for payment of one hundred percent of the  non-fed-
eral  share of such supplemental Medicaid payments OR SUPPLEMENTAL MEDI-
CAID MANAGED CARE PAYMENTS for  all  services  provided  by  physicians,
nurse  practitioners and physician assistants who are participating in a
plan for the management of clinical practice, in accordance with section
365-a of the social services law, regardless of whether  another  social
services district or the department of health may otherwise be responsi-
ble  for furnishing medical assistance to the eligible persons receiving
such services.
  S 30. Section 93 of part H of chapter 59 of the laws of 2011, amending
the public health law relating to general hospital inpatient  reimburse-
ment for annual rates, is amended to read as follows:
  S  93.  1.  Notwithstanding any inconsistent provision of law, rule or
regulation to the contrary, and subject to the availability  of  federal
financial  participation, effective for the period April 1, 2011 through
March 31, 2012, and each state fiscal year thereafter, the department of
health is authorized to make supplemental Medicaid payments  OR  SUPPLE-
MENTAL MEDICAID MANAGED CARE PAYMENTS for professional services provided
by  physicians,  nurse  practitioners  and  physician assistants who are
employed by a public benefit corporation or a non-state operated  public

S. 2007--B                         24                         A. 3007--B

general  hospital  operated  by  a public benefit corporation or who are
providing professional services at a facility  of  such  public  benefit
corporation  as  either  a member of a practice plan or an employee of a
professional corporation or limited liability corporation under contract
to provide services to patients of such a public benefit corporation, in
accordance  with  title  11  of article 5 of the social services law for
patients eligible for federal financial participation under title XIX of
the federal social security act, in amounts that will increase fees  for
such  professional  services  to  an amount equal to either the Medicare
rate or the average commercial rate that would otherwise be received for
such services rendered  by  such  physicians,  nurse  practitioners  and
physician  assistants,  provided,  however,  that  such supplemental fee
payments shall not be available with  regard  to  services  provided  at
facilities  participating  in  the Medicare Teaching Election Amendment.
The calculation of such supplemental  fee  payments  shall  be  made  in
accordance with applicable federal law and regulation and subject to the
approval  of the division of the budget.  Such supplemental Medicaid fee
payments may be added to the professional fees paid under the fee sched-
ule [or], made as aggregate lump sum payments to entities authorized  to
receive professional fees OR MADE AS SUPPLEMENTAL PAYMENTS MADE FOR SUCH
PURPOSE  AS  DESCRIBED  HEREIN  TO  MEDICAID MANAGED CARE ORGANIZATIONS.
SUPPLEMENTAL MEDICAID MANAGED CARE PAYMENTS UNDER THIS SECTION SHALL  BE
DISTRIBUTED  TO  PROVIDERS  AS  DETERMINED  BY  THE  MANAGED  CARE MODEL
CONTRACT AND MAY UTILIZE MANAGED CARE  ORGANIZATION  REPORTED  ENCOUNTER
DATA AND OTHER SUCH METRICS AS DETERMINED BY THE DEPARTMENT OF HEALTH IN
ORDER TO ENSURE RATES OF PAYMENT EQUIVALENT TO THE AVERAGE COMMERCIAL OR
MEDICARE  RATE  THAT  WOULD  OTHERWISE  BE  RECEIVED  FOR  SUCH SERVICES
RENDERED BY SUCH PHYSICIANS, NURSE PRACTITIONERS AND  PHYSICIAN  ASSIST-
ANTS.
  2. The supplemental Medicaid payments OR SUPPLEMENTAL MEDICAID MANAGED
CARE PAYMENTS for professional services authorized by subdivision one of
this  section  may  be  made  only at the election of the public benefit
corporation or the local social services district in which the non-state
operated public general hospital is located. The electing public benefit
corporation or local social services district shall, notwithstanding the
social services district Medicaid cap provisions of Part C of chapter 58
of the laws of 2005, be responsible for payment of one  hundred  percent
of  the  non-federal  share  of  such supplemental Medicaid payments, in
accordance with section 365-a of the social services law, regardless  of
whether another social services district or the department of health may
otherwise be responsible for furnishing medical assistance to the eligi-
ble  persons receiving such services. Social services district or public
benefit corporation  funding  of  the  non-federal  share  of  any  such
payments  shall  be deemed to be voluntary for purposes of the increased
federal medical assistance percentage provisions of the American  Recov-
ery  and  Reinvestment Act of 2009, provided, however, that in the event
the federal Centers for Medicare and Medicaid Services  determines  that
such  non-federal share payments are not voluntary payments for purposes
of such act, the provisions of this section shall be null and void.
  S 31.  Subparagraph (iii) of paragraph (d) of subdivision 1 of section
367-a of the social services law, as amended by section 65 of part H  of
chapter 59 of the laws 2011, is amended to read as follows:
  (iii)  [When payment under part B of title XVIII of the federal social
security act for] WITH RESPECT TO items and services provided to  eligi-
ble  persons  who  are also beneficiaries under part B of title XVIII of
the federal social security act and [for] items and services provided to

S. 2007--B                         25                         A. 3007--B

qualified medicare beneficiaries under part B  of  title  XVIII  of  the
federal  social  security  act  [would  exceed the amount that otherwise
would be made under this title if provided to an eligible  person  other
than  a  person who is also a beneficiary under part B or is a qualified
medicare beneficiary, the amount payable for services covered under this
title shall be twenty percent  of],  THE  AMOUNT  PAYABLE  FOR  SERVICES
COVERED UNDER THIS TITLE SHALL BE the amount of any co-insurance liabil-
ity  of  such  eligible  persons  pursuant  to federal law were they not
eligible for medical assistance or  were  they  not  qualified  medicare
beneficiaries with respect to such benefits under such part B, BUT SHALL
NOT  EXCEED  THE AMOUNT THAT OTHERWISE WOULD BE MADE UNDER THIS TITLE IF
PROVIDED TO AN ELIGIBLE PERSON OTHER THAN A PERSON WHO IS ALSO A BENEFI-
CIARY UNDER PART B OR IS A  QUALIFIED  MEDICARE  BENEFICIARY  MINUS  THE
AMOUNT  PAYABLE  UNDER  PART B; provided, however, amounts payable under
this title for items and services provided to eligible persons  who  are
also  beneficiaries  under part B or to qualified medicare beneficiaries
by an ambulance service under the authority of an operating  certificate
issued  pursuant  to article thirty of the public health law, a psychol-
ogist licensed under article one hundred fifty-three  of  the  education
law,  or  a  facility  under  the  authority of an operating certificate
issued pursuant to article sixteen,  thirty-one  or  thirty-two  of  the
mental  hygiene  law  and with respect to outpatient hospital and clinic
items and services provided by a facility  under  the  authority  of  an
operating  certificate  issued  pursuant  to article twenty-eight of the
public health law, shall not be less than the amount of any co-insurance
liability of such eligible persons or such qualified medicare  benefici-
aries,  or  for  which  such eligible persons or such qualified medicare
beneficiaries would be liable under federal law were they  not  eligible
for medical assistance or were they not qualified medicare beneficiaries
with respect to such benefits under part B.
  S 32.Intentionally omitted.
  S 33.Intentionally omitted.
  S 34.Intentionally omitted.
  S  35.  Section  133 of the social services law, as amended by chapter
455 of the laws of 2010, is amended to read as follows:
  S 133. Temporary preinvestigation emergency needs assistance or  care.
Upon  application  for public assistance or care under this chapter, the
local social services district shall notify the applicant in writing  of
the  availability  of  a monetary grant adequate to meet emergency needs
assistance or care and shall,  at  such  time,  determine  whether  such
person  is  in  immediate  need.  If it shall appear that a person is in
immediate need, emergency needs assistance  or  care  shall  be  granted
pending   completion  of  an  investigation.  The  written  notification
required by this section shall inform such person of a right to an expe-
dited hearing when emergency needs  assistance  or  care  is  denied.  A
public  assistance applicant who has been denied emergency needs assist-
ance or care must be given reason for such denial in a written  determi-
nation  which  sets  forth  the  basis  for such denial. NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO REQUIRE THE SOCIAL  SERVICES  DISTRICT  OR
ANY  STATE  AGENCY  TO  PROVIDE  MEDICAL ASSISTANCE, EXCEPT AS OTHERWISE
REQUIRED BY TITLE ELEVEN OF THIS ARTICLE.
  S 36.  Subdivision 7 of section 364-i of the social services  law,  as
added  by  section  34  of  part A of chapter 56 of the laws of 2013, is
amended to read as follows:
  7. Notwithstanding [section one hundred thirty-three of this  chapter]
ANY  OTHER  SECTION  OF  LAW, where care [or], services, OR SUPPLIES are

S. 2007--B                         26                         A. 3007--B

received prior to the date [the] AN individual  is  determined  eligible
for  assistance  under  this  title,  medical  assistance reimbursement,
REGARDLESS OF FUNDING SOURCE, shall be available  for  such  care  [or],
services,  OR  SUPPLIES only (a) if the care [or], services, OR SUPPLIES
are received during the three month period preceding the month of appli-
cation for medical assistance and the recipient is  determined  to  have
been  eligible  in  the month in which the care [or], service, OR SUPPLY
was received, or (b) [as] IF  provided  [for  in]  DURING  A  PERIOD  OF
PRESUMPTIVE  ELIGIBILITY PURSUANT TO this section [or regulations of the
department].
  S 36-a. Paragraph (e) of subdivision 2 of section 365-a of the  social
services  law,  as  amended by section 89 of part H of chapter 59 of the
laws of 2011, is amended to read as follows:
  (e) (i) personal care services, including personal emergency  response
services,  shared aide and an individual aide, subject to the provisions
of subparagraphs (ii), (iii), and (iv) of this paragraph,  furnished  to
an individual who is not an inpatient or resident of a hospital, nursing
facility,  intermediate  care  facility  for  the  mentally retarded, or
institution for mental disease, as determined to  meet  the  recipient's
needs  for  assistance  when  cost  effective  and appropriate, and when
prescribed by a physician, in accordance with the  recipient's  plan  of
treatment  and provided by individuals who are qualified to provide such
services, who are supervised by a  registered  nurse  and  who  are  not
members of the recipient's family, and furnished in the recipient's home
or other location;
  (ii)  the  commissioner  is authorized to adopt standards, pursuant to
emergency regulation, for  the  provision  and  management  of  services
available  under  this  paragraph  for  individuals  whose need for such
services exceeds a specified level to be determined by the commissioner;
  (iii) the commissioner [is authorized to] SHALL provide assistance  to
persons receiving services under this paragraph who are transitioning to
receiving  care from a managed long term care plan certified pursuant to
section forty-four hundred three-f of the public health law,  CONSISTENT
WITH  SUBDIVISION  THIRTY-ONE  OF  SECTION THREE HUNDRED SIXTY-FOUR-J OF
THIS TITLE;
  (iv) personal care services available pursuant to this paragraph shall
not exceed eight hours per week for individuals whose needs are  limited
to nutritional and environmental support functions;
  S  36-b. Section 364-j of the social services law is amended by adding
a new subdivision 31 to read as follows:
  31. (A) THE COMMISSIONER SHALL REQUIRE MANAGED  CARE  PROVIDERS  UNDER
THIS  SECTION,  MANAGED  LONG-TERM  CARE  PLANS UNDER SECTION FORTY-FOUR
HUNDRED THREE-F THE PUBLIC HEALTH LAW AND  OTHER  APPROPRIATE  LONG-TERM
SERVICE  PROGRAMS  TO  ADOPT EXPEDITED PROCEDURES FOR APPROVING PERSONAL
CARE SERVICES FOR A MEDICAL ASSISTANCE RECIPIENT WHO REQUIRES  IMMEDIATE
PERSONAL CARE OR CONSUMER DIRECTED PERSONAL ASSISTANCE SERVICES PURSUANT
TO   PARAGRAPH   (E)   OF  SUBDIVISION  TWO  OF  SECTION  THREE  HUNDRED
SIXTY-FIVE-A OF THIS TITLE OR SECTION THREE HUNDRED SIXTY-FIVE-F OF THIS
TITLE, RESPECTIVELY, OR OTHER LONG-TERM CARE, AND PROVIDE SUCH  CARE  OR
SERVICES AS APPROPRIATE, PENDING APPROVAL BY SUCH PROVIDER OR PROGRAM.
  S  36-c. Section 366-a of the social services law is amended by adding
a new subdivision 12 to read as follows:
  12. THE COMMISSIONER SHALL DEVELOP EXPEDITED PROCEDURES FOR  DETERMIN-
ING  MEDICAL ASSISTANCE ELIGIBILITY FOR ANY MEDICAL ASSISTANCE APPLICANT
WITH AN IMMEDIATE NEED FOR PERSONAL CARE OR CONSUMER  DIRECTED  PERSONAL
ASSISTANCE  SERVICES  PURSUANT  TO  PARAGRAPH  (E) OF SUBDIVISION TWO OF

S. 2007--B                         27                         A. 3007--B

SECTION THREE HUNDRED  SIXTY-FIVE-A  OF  THIS  TITLE  OR  SECTION  THREE
HUNDRED  SIXTY-FIVE-F OF THIS TITLE, RESPECTIVELY. SUCH PROCEDURES SHALL
REQUIRE THAT A FINAL ELIGIBILITY DETERMINATION BE MADE WITHIN SEVEN DAYS
OF THE DATE OF A COMPLETE MEDICAL ASSISTANCE APPLICATION.
  S  37.  Notwithstanding  any  provision of law to the contrary, monies
equal to the amount of enhanced federal  medical  assistance  percentage
monies  available as a result of the state's participation in the commu-
nity first choice state plan option under section 1915 of title  XIX  of
the federal social security act, in each state fiscal year shall be made
available  as  additional  funds  to  be  used  to implement the state's
comprehensive plan for serving New Yorkers with disabilities in the most
integrated setting, also know as the state's Olmstead plan. Such  monies
shall  be  expended  for the purposes consistent with the Olmstead plan,
including, additional funding for services provided pursuant to  section
three  hundred sixty-five-f of the social services law, supportive hous-
ing, wage supports for home and personal  care  workers,  transportation
supports,  and  the  transition of behavioral health services to managed
care. The department of health shall, after consultation with the senate
finance committee and assembly ways and means  committee,  stakeholders,
relevant  state  agencies, the division of budget and the Olmstead cabi-
net, submit a report to the temporary president of the senate,  and  the
speaker  of the assembly, the chair of the senate finance committee, the
chair of the assembly ways and means committee, and the  chairs  of  the
senate  and  assembly health committees, setting forth the plan to allo-
cate such investments, and shall notify the senate finance committee and
the assembly ways and means committee at least forty-five days prior  to
implementation  of  such  allocation.   The commissioner of health shall
report annually to the chairs of the assembly and senate  committees  on
health,  aging,  and mental health, the chair of the senate committee on
finance, the chair of the assembly ways and  means  committee,  and  the
chair  of  the  assembly  task  force on people with disabilities on the
amount of funding received and disbursed pursuant to this  section,  the
projects or proposals supported by these funds, and compliance with this
section.
  S 38. Section 2808 of the public health law is amended by adding a new
subdivision 27 to read as follows:
  27.  THE  COMMISSIONER IS AUTHORIZED TO CONDUCT AN ENERGY AUDIT AND/OR
DISASTER PREPAREDNESS REVIEW OF RESIDENTIAL HEALTH CARE FACILITIES. SUCH
AUDIT OR REVIEW SHALL EXPLORE  THE  ENERGY  EFFICIENCY  AND/OR  DISASTER
PREPAREDNESS  OF  THE REAL PROPERTY CAPITAL ASPECTS OF EACH FACILITY AND
DEVELOP A COST/BENEFIT ANALYSIS  OF  POTENTIAL  MODIFICATIONS  FOR  EACH
FACILITY.  SUCH  AUDIT  OR REVIEW SHALL SERVE AS THE BASIS FOR AN ENERGY
EFFICIENCY AND/OR DISASTER PREPAREDNESS PROGRAM TO BE DEVELOPED  BY  THE
DEPARTMENT  IN  REGULATIONS. PARTICIPATION IN SUCH AUDIT OR REVIEW SHALL
BE A CONDITION TO PARTICIPATION IN  ANY  SUCH  PROGRAM  DEVELOPED  AS  A
RESULT  THEREOF, AND SHALL ALSO BE A CONDITION TO RECEIPT OF ANY FUNDING
AVAILABLE UNDER SUCH PROGRAM. SUCH PROGRAM SHALL ONLY BE IMPLEMENTED  IF
IT IS IN THE BEST FINANCIAL INTERESTS OF THE STATE, AS DETERMINED BY THE
COMMISSIONER.  AT  LEAST  FORTY-FIVE  DAYS  PRIOR  TO  IMPLEMENTING SUCH
PROGRAM, THE DEPARTMENT SHALL REPORT TO THE SENATE AND  ASSEMBLY  HEALTH
COMMITTEES, THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE
COMMITTEE  THE  RESULTS  OF  THE  ENERGY AUDIT AUTHORIZED HEREIN AND THE
PROPOSED ELIGIBILITY CRITERIA, FUNDING  SOURCES,  THE  MANNER  IN  WHICH
SAVINGS  MAY  BE  SHARED  BETWEEN THE STATE AND FACILITIES AND ANY OTHER
INFORMATION REQUESTED BY SUCH COMMITTEES ABOUT SUCH PROGRAM PRIOR TO THE
TRANSMITTAL OF THE REPORT.

S. 2007--B                         28                         A. 3007--B

  S 39. Intentionally omitted.
  S 40. Intentionally omitted.
  S  40-a.  Subdivision 8 of section 4403-f of the public health law, as
amended by section 21 of part C of chapter 58 of the laws  of  2007,  is
amended to read as follows:
  8.  Payment  rates  for managed long term care plan enrollees eligible
for medical assistance. The commissioner shall establish  payment  rates
for  services  provided  to  enrollees  eligible  under title XIX of the
federal social security act. Such payment  rates  shall  be  subject  to
approval by the director of the division of the budget and shall reflect
savings to both state and local governments when compared to costs which
would  be incurred by such program if enrollees were to receive compara-
ble health and long term care services on a fee-for-service basis in the
geographic region in which such services are proposed  to  be  provided.
Payment rates shall be risk-adjusted to take into account the character-
istics  of  enrollees, or proposed enrollees, including, but not limited
to:   frailty, disability level,  health  and  functional  status,  age,
gender,  the  nature  of  services provided to such enrollees, and other
factors as determined by the commissioner. The  risk  adjusted  premiums
may  also  be  combined  with  disincentives or requirements designed to
mitigate any incentives to obtain higher payment categories. IN  SETTING
SUCH  PAYMENT  RATES, THE COMMISSIONER SHALL CONSIDER COSTS BORNE BY THE
MANAGED CARE PROGRAM TO ENSURE ACTUARIALLY SOUND AND ADEQUATE  RATES  OF
PAYMENT TO ENSURE QUALITY OF CARE.
  S 40-b. Intentionally omitted.
  S  40-c. Subdivision 18 of section 364-j of the social services law is
amended by adding a new paragraph (c) to read as follows:
  (C) IN SETTING SUCH REIMBURSEMENT METHODOLOGIES, THE DEPARTMENT  SHALL
CONSIDER  COSTS  BORNE BY THE MANAGED CARE PROGRAM TO ENSURE ACTUARIALLY
SOUND AND ADEQUATE RATES OF PAYMENT TO ENSURE QUALITY OF CARE.
  S 41. Intentionally omitted.
  S 42.  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 43. Subparagraph 6 of paragraph (b) of subdivision 1 of section  366
of  the  social services law, as added by section 1 of part D of chapter
56 of the laws of 2013, is amended to read as follows:
  (6) An individual who is not otherwise eligible for medical assistance
under this section is eligible for coverage of family planning  services
reimbursed  by  the  federal government at a rate of ninety percent, and
for coverage of those services identified by the commissioner of  health

S. 2007--B                         29                         A. 3007--B

as  services  generally  performed  as  part  of  or as a follow-up to a
service eligible for such ninety percent reimbursement, including treat-
ment for sexually transmitted diseases, if his or her  income  does  not
exceed the MAGI-equivalent of two hundred percent of the federal poverty
line  for  the  applicable  family  size,  which  shall be calculated in
accordance with guidance issued by the secretary of  the  United  States
department  of  health  and human services[.]; PROVIDED FURTHER THAT THE
COMMISSIONER OF HEALTH IS AUTHORIZED TO ESTABLISH CRITERIA FOR  PRESUMP-
TIVE  ELIGIBILITY FOR SERVICES PROVIDED PURSUANT TO THIS SUBPARAGRAPH IN
ACCORDANCE WITH ALL APPLICABLE REQUIREMENTS OF FEDERAL LAW OR REGULATION
PERTAINING TO SUCH ELIGIBILITY.
  S 44. Subdivision 1 of section 398-b of the social  services  law,  as
added  by  section  44  of  part C of chapter 60 of the laws of 2014, is
amended to read as follows:
  1. Notwithstanding any inconsistent provision of law to  the  contrary
and  subject to the availability of federal financial participation, the
commissioner is authorized to make grants [from] UP TO a gross amount of
five million dollars FOR STATE FISCAL YEAR TWO  THOUSAND  FOURTEEN--FIF-
TEEN  AND  UP  TO  A  GROSS  AMOUNT OF FIFTEEN MILLION DOLLARS FOR STATE
FISCAL YEAR TWO THOUSAND FIFTEEN--SIXTEEN 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 [access] ASSESS readiness
and make  necessary  infrastructure  and  organizational  modifications,
collecting  service  utilization  and other data from voluntary agencies
and other entities, and making investments in health  information  tech-
nology, 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  [and  child]
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 distrib-
uted herein.  IF FEDERAL FINANCIAL PARTICIPATION  IS  UNAVAILABLE,  THEN
THE  NONFEDERAL  SHARE  OF  PAYMENTS PURSUANT TO THIS SUBDIVISION MAY BE
MADE AS STATE GRANTS.
  S 45. Paragraph (g) of subdivision 1 of  section  366  of  the  social
services law, as added by section 50 of part C of chapter 60 of the laws
of 2014, is amended 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, OR WHO ARE  NON-CITIZ-
ENS  IN A VALID NONIMMIGRANT STATUS, AS DEFINED IN 8 U.S.C. 1101(A)(15);
who are MAGI eligible pursuant to paragraph (b) of this subdivision; and
who would be ineligible for medical assistance coverage  under  subdivi-
sions  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 only be eligible
for assistance under this title if enrolled 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:

S. 2007--B                         30                         A. 3007--B

  (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 while his or her enrollment in a standard health plan
is pending, in accordance with applicable provisions of this title.
  S  46.  Subdivision 8 of section 369-gg of the social services law, as
added by section 51 of part C of chapter 60 of the laws of 2014  and  as
renumbered  by  section  twenty-eight of this act, is amended to read as
follows:
  8.  An individual who is lawfully  admitted  for  permanent  residence
[or],  permanently  residing in the United States under color of law, OR
WHO IS A NON-CITIZEN IN A VALID NONIMMIGRANT STATUS,  AS  DEFINED  IN  8
U.S.C.  1101(A)(15),  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 paragraphs (b) and (c) of subdivision three of this section.
  S 46-a. Section 365-d of the social services law is REPEALED and a new
section 365-d is added to read as follows:
  S 365-D. MEDICAID EVIDENCE BASED BENEFIT REVIEW ADVISORY COMMITTEE. 1.
THE  DEPARTMENT  SHALL  CONVENE A MEDICAID EVIDENCE BASED BENEFIT REVIEW
ADVISORY COMMITTEE. THE COMMITTEE SHALL PROVIDE ADVICE AND  MAKE  RECOM-
MENDATIONS  REGARDING  COVERAGE  OF  HEALTH  TECHNOLOGY  OR  SERVICE FOR
PURPOSES OF THE  MEDICAL  ASSISTANCE  PROGRAM.  THE  COMMISSIONER  SHALL
CONSULT  SUCH  COMMITTEE  PRIOR  TO ANY DETERMINATION MADE REGARDING THE
COVERAGE STATUS OF A PARTICULAR ITEM, HEALTH TECHNOLOGY OR SERVICE BASED
ON PROCEDURES ESTABLISHED IN SUBDIVISION FIVE OF THIS SECTION UNDER  THE
MEDICAL  ASSISTANCE PROGRAM. FOR PURPOSES OF THIS SECTION, "HEALTH TECH-
NOLOGY" MEANS MEDICAL  DEVICES  AND  SURGICAL  PROCEDURES  USED  IN  THE
PREVENTION,  DIAGNOSIS AND TREATMENT OF DISEASE AND OTHER MEDICAL CONDI-
TIONS. FOR PURPOSES OF THIS SECTION  "SERVICES"  MEANS  ANY  MEDICAL  OR
BEHAVIORAL HEALTH PROCEDURE.
  2. (A) THE MEMBERSHIP OF SUCH COMMITTEE SHALL, AT A MINIMUM, INCLUDE:
  (I)  AT LEAST THREE PERSONS LICENSED AND ACTIVELY ENGAGED IN THE PRAC-
TICE OF MEDICINE IN THIS STATE;
  (II) ONE PERSON LICENSED AND ACTIVELY ENGAGED IN THE PRACTICE OF NURS-
ING AS A NURSE PRACTITIONER, OR IN THE PRACTICE  OF  MIDWIFERY  IN  THIS
STATE;
  (III)  ONE  PERSON  WITH  EXPERTISE IN HEALTH TECHNOLOGY ASSESSMENT OR
EVIDENCE BASED MEDICAL REVIEW WHO IS PREFERABLY A  HEALTH  CARE  PROFES-
SIONAL LICENSED UNDER TITLE EIGHT OF THE EDUCATION LAW;
  (IV) THREE PERSONS WHO SHALL BE CONSUMERS OR REPRESENTATIVES OF ORGAN-
IZATIONS  WITH  A  REGIONAL  OR STATEWIDE CONSTITUENCY AND WHO HAVE BEEN
INVOLVED IN ACTIVITIES RELATED TO HEALTH CARE CONSUMER ADVOCACY;
  (V) ONE PERSON WHO IS A REPRESENTATIVE OF A HOSPITAL ORGANIZATION WITH
A REGIONAL, NATIONAL OR STATEWIDE CONSTITUENCY;
  (VI) ONE PERSON WHO IS A  REPRESENTATIVE  OF  A  HEALTH  INSURANCE  OR
MANAGED CARE ORGANIZATION WITH A REGIONAL, STATEWIDE OR NATIONAL CONSTI-
TUENCY;

S. 2007--B                         31                         A. 3007--B

  (VII) ONE PERSON WHO IS A HEALTH ECONOMIST;
  (VIII)  ONE  PERSON WITH HEALTH CARE EXPERTISE WHO IS APPOINTED BY THE
TEMPORARY PRESIDENT OF THE SENATE;
  (IX) ONE PERSON WITH HEALTH CARE EXPERTISE WHO  IS  APPOINTED  BY  THE
SPEAKER OF THE ASSEMBLY;
  (X)  A MEMBER OF THE DEPARTMENT WHO SHALL ACT AS CHAIRPERSON AS DESIG-
NATED BY THE COMMISSIONER; AND
  (XI) THE COMMITTEE MAY INVITE AND CONSULT WITH SCIENTIFIC,  TECHNICAL,
OR  CLINICAL  EXPERTS  WITH  DEMONSTRABLE EXPERIENCE OR KNOWLEDGE OF THE
TECHNOLOGY OR MEDICAL SPECIALTY AREA UNDER REVIEW.
  3. THE DEPARTMENT SHALL PROVIDE VIDEO OR AUDIO ACCESS TO ALL  MEETINGS
OF SUCH COMMITTEE THROUGH THE DEPARTMENT'S WEBSITE.
  4.  THE  MEMBERS  OF  THE  COMMITTEE SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES BUT SHALL BE REIMBURSED FOR EXPENSES ACTUALLY AND  NECES-
SARILY  INCURRED  IN  THE  PERFORMANCE  OF THEIR DUTIES UNLESS EXPRESSLY
STATED OTHERWISE IN THIS SECTION, MEMBERS  SHALL  BE  APPOINTED  BY  THE
COMMISSIONER.  MEMBERS  SHALL  SERVE  THREE YEAR TERMS, AND MAY BE REAP-
POINTED FOR SUBSEQUENT TERMS. COMMITTEE MEMBERS SHALL BE  DEEMED  TO  BE
EMPLOYEES  OF  THE  DEPARTMENT  FOR PURPOSES OF SECTION SEVENTEEN OF THE
PUBLIC OFFICERS LAW, AND SHALL NOT PARTICIPATE IN ANY MATTER BEFORE  THE
COMMITTEE FOR WHICH A CONFLICT OF INTEREST EXISTS.
  5.  THE COMMITTEE SHALL CONSIDER ANY MATTER REGARDING MATERIAL CHANGES
IN THE COVERAGE STATUS  OF  A  PARTICULAR  ITEM,  HEALTH  TECHNOLOGY  OR
SERVICE,  AND ANY MATTER RELATIVE TO NEW HEALTH TECHNOLOGY ASSESSMENT OR
MEDICAL EVIDENCE REVIEW FOR WHICH THE DEPARTMENT DETERMINES A SUFFICIENT
BODY OF EVIDENCE EXISTS TO WARRANT COMMITTEE DELIBERATION.  THE  COMMIS-
SIONER  SHALL  PROVIDE  MEMBERS  OF  THE  COMMITTEE WITH ANY EVIDENCE OR
INFORMATION RELATED TO THE HEALTH TECHNOLOGY OR MEDICAL SERVICE  ASSESS-
MENT  INCLUDING  BUT NOT LIMITED TO, INFORMATION SUBMITTED BY MEMBERS OF
THE PUBLIC. THE DEPARTMENT SHALL REPORT TO  THE  COMMITTEE  PROGRAMMATIC
CHANGES  TO BENEFITS THAT DO NOT RISE TO THE LEVEL OF A MATERIAL CHANGE,
AS WELL AS DETERMINATIONS OF WHEN SUFFICIENT MEDICAL EVIDENCE EXISTS  TO
WARRANT   COMMITTEE   DELIBERATIONS.   THE  COMMISSIONER  SHALL  PROVIDE
FORTY-FIVE DAYS PUBLIC NOTICE ON THE DEPARTMENT'S WEBSITE PRIOR  TO  ANY
MEETING  OF  THE  COMMITTEE TO DEVELOP RECOMMENDATIONS CONCERNING HEALTH
TECHNOLOGY OR MEDICAL SERVICE  COVERAGE  DETERMINATIONS.    SUCH  NOTICE
SHALL INCLUDE A DESCRIPTION OF THE PROPOSED HEALTH TECHNOLOGY OR SERVICE
TO  BE REVIEWED, THE CONDITIONS OR DISEASES IMPACTED BY THE HEALTH TECH-
NOLOGY OR SERVICE, THE PROPOSALS TO BE CONSIDERED BY THE COMMITTEE,  AND
THE  SYSTEMATIC  EVIDENCE-BASED  ASSESSMENT  PREPARED IN ACCORDANCE WITH
THIS SUBDIVISION. THE COMMITTEE SHALL ALLOW INTERESTED PARTIES A REASON-
ABLE OPPORTUNITY TO MAKE AN ORAL PRESENTATION TO THE  COMMITTEE  RELATED
TO THE HEALTH TECHNOLOGY OR SERVICE TO BE REVIEWED AND TO SUBMIT WRITTEN
INFORMATION.  THE  COMMITTEE  SHALL CONSIDER ANY INFORMATION PROVIDED BY
ANY INTERESTED PARTY, INCLUDING, BUT NOT LIMITED TO, HEALTH CARE PROVID-
ERS, HEALTH CARE FACILITIES, PATIENTS, CONSUMERS AND MANUFACTURERS.  FOR
ALL  HEALTH TECHNOLOGIES OR SERVICES SELECTED FOR REVIEW, THE DEPARTMENT
SHALL CONDUCT OR COMMISSION A SYSTEMATIC  EVIDENCE-BASED  ASSESSMENT  OF
THE  HEALTH  TECHNOLOGY'S OR SERVICE'S SAFETY AND CLINICAL EFFICACY. THE
ASSESSMENT SHALL USE ESTABLISHED SYSTEMATIC REVIEW ELEMENTS, STUDY QUAL-
ITY ASSESSMENT, AND DATA SYNTHESIS.  UPON  COMPLETION,  THE  SYSTEMATIC,
EVIDENCE-BASED ASSESSMENT SHALL BE MADE AVAILABLE TO THE PUBLIC.
  6.  THE  COMMISSIONER SHALL PROVIDE NOTICE OF ANY COVERAGE RECOMMENDA-
TIONS DEVELOPED BY THE COMMITTEE BY MAKING SUCH INFORMATION AVAILABLE ON
THE DEPARTMENT'S WEBSITE. SUCH PUBLIC NOTICE SHALL INCLUDE:   A  SUMMARY
OF  THE  DELIBERATIONS  OF  THE COMMITTEE; A SUMMARY OF THE POSITIONS OF

S. 2007--B                         32                         A. 3007--B

THOSE MAKING PUBLIC COMMENTS AT MEETINGS OF THE COMMITTEE AND ANY SAFETY
AND HEALTH OUTCOMES DATA SUBMITTED BY ANY INTERESTED PARTY; THE RESPONSE
OF THE COMMITTEE TO THOSE COMMENTS, IF ANY; THE CLINICAL  EVIDENCE  UPON
WHICH  THE  COMMITTEE  BASES  ITS  RECOMMENDATIONS; AND THE FINDINGS AND
RECOMMENDATIONS  OF  THE  COMMITTEE  INCLUDING  A  FINAL  EVIDENCE-BASED
SYSTEMATIC ASSESSMENT.
  7.  THE  COMMISSIONER  SHALL PROVIDE PUBLIC NOTICE ON THE DEPARTMENT'S
WEBSITE OF THE COMMITTEE'S RECOMMENDATION  AND  THE  DEPARTMENT'S  FINAL
DETERMINATION,  INCLUDING:  THE NATURE OF THE DETERMINATION; AN ANALYSIS
OF THE IMPACT OF THE DEPARTMENT'S DETERMINATION ON  THE  STATE  MEDICAID
PLAN  POPULATIONS  AND PROVIDERS; AND THE PROJECTED FISCAL IMPACT TO THE
STATE MEDICAID PROGRAM.
  8. THE  RECOMMENDATIONS  OF  THE  COMMITTEE,  MADE  PURSUANT  TO  THIS
SECTION,  SHALL  BE  BASED  ON A REVIEW OF THE EVIDENCE PRESENTED TO THE
COMMITTEE,  INCLUDING  THE  CLINICAL  EFFECTIVENESS,  PATIENT  OUTCOMES,
IMPACT ON AT RISK AND UNDERSERVED POPULATIONS, AND SAFETY. THE COMMITTEE
SHALL  REVIEW  PREVIOUS RECOMMENDATIONS OF THE COMMITTEE AS NEW EVIDENCE
BECOMES AVAILABLE AND PERMIT ORAL PRESENTATIONS AND  THE  SUBMISSION  OF
NEW  EVIDENCE AT ANY COMMITTEE MEETING. SUCH REVIEW SHALL OCCUR PURSUANT
TO THE PROCEDURE ESTABLISHED  IN  SUBDIVISIONS  FIVE  AND  SIX  OF  THIS
SECTION.    THE  DEPARTMENT  MAY ALTER OR REVOKE THE FINAL DETERMINATION
AFTER SUCH REVIEW PURSUANT TO THE PROCEDURE ESTABLISHED  IN  SUBDIVISION
SEVEN OF THIS SECTION.
  9.  THE DEPARTMENT SHALL PROVIDE ADMINISTRATIVE SUPPORT TO THE COMMIT-
TEE.
  S 47. Young adult  special  populations  demonstration  programs.  The
commissioner  of  health shall establish up to three young adult special
populations demonstration programs to provide cost effective,  necessary
services  and enhanced quality of care for targeted populations in order
to demonstrate the effectiveness of the programs.  Eligible  individuals
shall  have  severe  and chronic medical or health problems, or multiple
disabling conditions which may be combined with developmental  disabili-
ties.  The programs shall provide more appropriate settings and services
for these individuals, help prevent out of state  placements  and  allow
repatriation  back  to  their home communities. Eligible operator appli-
cants shall have demonstrated expertise in caring for the targeted popu-
lation including persons with severe and chronic medical or health prob-
lems or multiple disabling conditions and a record of providing  quality
care.
  Funds  may  include,  but  not  be limited to, start up funds, capital
investments and enhanced rates.
  Of the demonstrations:
  (a) at least one shall be designed to serve persons aged twenty-one to
thirty-five years of age who are  aging  out  of  pediatric  acute  care
hospitals or pediatric nursing homes; and
  (b) at least one shall be designed to serve persons aged twenty-one to
thirty-five years of age who have a developmental disability in addition
to their severe and chronic medical or health problems and are aging out
of pediatric acute care hospitals, pediatric nursing homes or children's
residential  homes  operated  under  the  jurisdiction of the office for
persons with developmental disabilities.
  The department of health shall be responsible for monitoring the qual-
ity and appropriateness and effectiveness of the demonstration programs,
and shall report to the legislature no later than December 31,  2015  on
what  efforts it has undertaken toward the establishment of these demon-
stration programs and shall report to the legislature two years  follow-

S. 2007--B                         33                         A. 3007--B

ing  the  establishment  of  a  demonstration  program  pursuant to this
section.
  S  48. The public health law is amended by adding a new section 2805-x
to read as follows:
  S 2805-X. HOSPITAL-HOME CARE-PHYSICIAN COLLABORATION PROGRAM.  1.  THE
PURPOSE  OF  THIS SECTION SHALL BE TO FACILITATE INNOVATION IN HOSPITAL,
HOME CARE AGENCY AND PHYSICIAN COLLABORATION IN MEETING THE  COMMUNITY'S
HEALTH  CARE  NEEDS.  IT  SHALL PROVIDE A FRAMEWORK TO SUPPORT VOLUNTARY
INITIATIVES IN COLLABORATION TO IMPROVE PATIENT CARE ACCESS AND  MANAGE-
MENT,  PATIENT  HEALTH OUTCOMES, COST-EFFECTIVENESS IN THE USE OF HEALTH
CARE SERVICES AND COMMUNITY POPULATION HEALTH. SUCH COLLABORATIVE INITI-
ATIVES MAY ALSO INCLUDE PAYORS, SKILLED  NURSING  FACILITIES  AND  OTHER
INTERDISCIPLINARY PROVIDERS, PRACTITIONERS AND SERVICE ENTITIES.
  2. FOR PURPOSES OF THIS SECTION:
  (A)  "HOSPITAL"  SHALL  INCLUDE  A GENERAL HOSPITAL AS DEFINED IN THIS
ARTICLE OR OTHER INPATIENT FACILITY FOR REHABILITATION OR SPECIALTY CARE
WITHIN THE DEFINITION OF HOSPITAL IN THIS ARTICLE.
  (B) "HOME CARE AGENCY" SHALL MEAN A CERTIFIED HOME HEALTH AGENCY, LONG
TERM HOME HEALTH CARE PROGRAM OR LICENSED HOME CARE SERVICES  AGENCY  AS
DEFINED IN ARTICLE THIRTY-SIX OF THIS CHAPTER.
  (C)  "PAYOR"  SHALL  MEAN  A  HEALTH PLAN APPROVED PURSUANT TO ARTICLE
FORTY-FOUR OF THIS CHAPTER, OR ARTICLE THIRTY-TWO OR FORTY-THREE OF  THE
INSURANCE LAW.
  (D)  "PRACTITIONER"  SHALL  MEAN  ANY  OF THE HEALTH, MENTAL HEALTH OR
HEALTH RELATED PROFESSIONS LICENSED  PURSUANT  TO  TITLE  EIGHT  OF  THE
EDUCATION LAW.
  3.  THE COMMISSIONER IS AUTHORIZED TO PROVIDE FINANCING INCLUDING, BUT
NOT LIMITED TO, GRANTS OR POSITIVE  ADJUSTMENTS  IN  MEDICAL  ASSISTANCE
RATES  OR  PREMIUM  PAYMENTS, TO THE EXTENT OF FUNDS AVAILABLE AND ALLO-
CATED OR APPROPRIATED THEREFOR, INCLUDING FUNDS PROVIDED  TO  THE  STATE
THROUGH  FEDERAL  WAIVERS,  FUNDS MADE AVAILABLE THROUGH STATE APPROPRI-
ATIONS AND/OR FUNDING THROUGH SECTION TWENTY-EIGHT  HUNDRED  SEVEN-V  OF
THIS  ARTICLE,  AS WELL AS WAIVERS OF REGULATIONS UNDER TITLE TEN OF THE
NEW YORK CODES, RULES AND REGULATIONS, TO SUPPORT THE  VOLUNTARY  INITI-
ATIVES AND OBJECTIVES OF THIS SECTION.
  4.  HOSPITAL-HOME  CARE-PHYSICIAN COLLABORATIVE INITIATIVES UNDER THIS
SECTION MAY INCLUDE, BUT SHALL NOT BE LIMITED TO:
  (A) HOSPITAL-HOME CARE-PHYSICIAN  INTEGRATION  INITIATIVES,  INCLUDING
BUT NOT LIMITED TO:
  (I)  TRANSITIONS  IN  CARE  INITIATIVES TO HELP EFFECTIVELY TRANSITION
PATIENTS TO POST-ACUTE CARE  AT  HOME,  COORDINATE  FOLLOW-UP  CARE  AND
ADDRESS ISSUES CRITICAL TO CARE PLAN SUCCESS AND READMISSION AVOIDANCE;
  (II)  CLINICAL  PATHWAYS  FOR  SPECIFIED CONDITIONS, GUIDING PATIENTS'
PROGRESS AND OUTCOME GOALS, AS WELL AS EFFECTIVE HEALTH SERVICES USE;
  (III) APPLICATION OF TELEHEALTH/TELEMEDICINE  SERVICES  IN  MONITORING
AND  MANAGING  PATIENT  CONDITIONS,  AND PROMOTING SELF-CARE/MANAGEMENT,
IMPROVED OUTCOMES AND EFFECTIVE SERVICES USE;
  (IV) FACILITATION OF  PHYSICIAN  HOUSE  CALLS  TO  HOMEBOUND  PATIENTS
AND/OR  TO  PATIENTS  FOR WHOM SUCH HOME VISITS ARE DETERMINED NECESSARY
AND EFFECTIVE FOR PATIENT CARE MANAGEMENT;
  (V) ADDITIONAL MODELS FOR PREVENTION OF  AVOIDABLE  HOSPITAL  READMIS-
SIONS AND EMERGENCY ROOM VISITS;
  (VI) HEALTH HOME DEVELOPMENT;
  (VII)  DEVELOPMENT  AND  DEMONSTRATION  OF NEW MODELS OF INTEGRATED OR
COLLABORATIVE CARE AND CARE MANAGEMENT NOT OTHERWISE ACHIEVABLE  THROUGH
EXISTING MODELS; AND

S. 2007--B                         34                         A. 3007--B

  (VIII)  BUNDLED PAYMENT DEMONSTRATIONS FOR HOSPITAL-TO-POST-ACUTE-CARE
FOR SPECIFIED CONDITIONS OR CATEGORIES  OF  CONDITIONS,  IN  PARTICULAR,
CONDITIONS  PREDISPOSED  TO  HIGH  PREVALENCE  OF READMISSION, INCLUDING
THOSE CURRENTLY SUBJECT TO FEDERAL/STATE PENALTY, AND  OTHER  DISCHARGES
WITH EXTENSIVE POST-ACUTE NEEDS;
  (B)  RECRUITMENT,  TRAINING AND RETENTION OF HOSPITAL/HOME CARE DIRECT
CARE STAFF AND PHYSICIANS, IN GEOGRAPHIC OR  CLINICAL  AREAS  OF  DEMON-
STRATED NEED.  SUCH INITIATIVES MAY INCLUDE, BUT ARE NOT LIMITED TO, THE
FOLLOWING ACTIVITIES:
  (I)  OUTREACH AND PUBLIC EDUCATION ABOUT THE NEED AND VALUE OF SERVICE
IN HEALTH OCCUPATIONS;
  (II) TRAINING/CONTINUING EDUCATION  AND  REGULATORY  FACILITATION  FOR
CROSS-TRAINING  TO  MAXIMIZE  FLEXIBILITY  IN  THE UTILIZATION OF STAFF,
INCLUDING:
  (A) TRAINING OF HOSPITAL NURSES IN HOME CARE;
  (B) DUAL CERTIFIED NURSE AIDE/HOME HEALTH AIDE CERTIFICATION; AND
  (C) DUAL PERSONAL CARE AIDE/HHA CERTIFICATION;
  (III) SALARY/BENEFIT ENHANCEMENT;
  (IV) CAREER LADDER DEVELOPMENT; AND
  (V) OTHER INCENTIVES TO PRACTICE IN SHORTAGE AREAS; AND
  (C)  HOSPITAL - HOME CARE - PHYSICIAN COLLABORATIVES FOR THE CARE  AND
MANAGEMENT OF SPECIAL NEEDS, HIGH-RISK AND HIGH-COST PATIENTS, INCLUDING
BUT  NOT LIMITED TO BEST PRACTICES, AND TRAINING AND EDUCATION OF DIRECT
CARE PRACTITIONERS AND SERVICE EMPLOYEES.
  5. HOSPITALS AND HOME CARE AGENCIES WHICH ARE  PROVIDED  FINANCING  OR
WAIVERS PURSUANT TO THIS SECTION SHALL REPORT TO THE COMMISSIONER ON THE
PATIENT,  SERVICE AND COST EXPERIENCES PURSUANT TO THIS SECTION, INCLUD-
ING THE EXTENT TO WHICH THE PROJECT GOALS ARE ACHIEVED. THE COMMISSIONER
SHALL COMPILE AND  MAKE  SUCH  REPORTS  AVAILABLE  ON  THE  DEPARTMENT'S
WEBSITE.
  S  49.  The  public  health  law is amended by adding two new sections
3614-d and 3614-e to read as follows:
  S 3614-D. UNIVERSAL  STANDARDS  FOR  CODING  OF  PAYMENT  FOR  MEDICAL
ASSISTANCE CLAIMS FOR LONG TERM CARE. CLAIMS FOR PAYMENT SUBMITTED UNDER
CONTRACTS  OR  AGREEMENTS  WITH    INSURERS UNDER THE MEDICAL ASSISTANCE
PROGRAM FOR HOME AND COMMUNITY-BASED LONG-TERM  CARE  SERVICES  PROVIDED
UNDER  THIS  ARTICLE,  BY  FISCAL  INTERMEDIARIES  OPERATING PURSUANT TO
SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES  LAW,  AND  BY
RESIDENTIAL  HEALTH  CARE FACILITIES OPERATING PURSUANT TO ARTICLE TWEN-
TY-EIGHT OF THIS CHAPTER SHALL HAVE STANDARD BILLING CODES. SUCH  INSUR-
ERS  SHALL INCLUDE BUT NOT BE LIMITED TO MEDICAID MANAGED CARE PLANS AND
MANAGED LONG TERM CARE PLANS. SUCH PAYMENTS SHALL BE BASED ON  UNIVERSAL
BILLING  CODES  APPROVED  BY  THE  DEPARTMENT OR A NATIONALLY ACCREDITED
ORGANIZATION AS APPROVED BY  THE  DEPARTMENT;  PROVIDED,  HOWEVER,  SUCH
CODING  SHALL  BE  CONSISTENT  WITH  ANY  CODES DEVELOPED AS PART OF THE
UNIFORM ASSESSMENT SYSTEM FOR LONG TERM CARE ESTABLISHED BY THE  DEPART-
MENT.
  S  3614-E. ELECTRONIC PAYMENT OF CLAIMS. THE PAYMENT OF CLAIMS SUBMIT-
TED UNDER CONTRACTS  OR  AGREEMENTS  WITH  INSURERS  UNDER  THE  MEDICAL
ASSISTANCE  PROGRAM FOR HOME AND COMMUNITY-BASED LONG-TERM CARE SERVICES
PROVIDED UNDER THIS ARTICLE, BY FISCAL INTERMEDIARIES OPERATING PURSUANT
TO SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW, AND BY
RESIDENTIAL HEALTH CARE FACILITIES OPERATING PURSUANT TO  ARTICLE  TWEN-
TY-EIGHT  OF  THIS  CHAPTER SHALL BE PAID VIA ELECTRONIC FUNDS TRANSFER.
SUCH INSURERS SHALL INCLUDE BUT NOT BE LIMITED TO MEDICAID MANAGED  CARE
PLANS AND MANAGED LONG-TERM CARE PLANS.

S. 2007--B                         35                         A. 3007--B

  S  50.  Subdivision  4 of section 365-h of the social services law, as
amended by section 20 of part B of chapter 109 of the laws of  2010,  is
amended to read as follows:
  4.  The  commissioner of health is authorized to assume responsibility
from a local social services official for the provision  and  reimburse-
ment  of  transportation  costs  under this section. If the commissioner
elects to assume such responsibility, the commissioner shall notify  the
local  social  services official in writing as to the election, the date
upon which the election shall be effective and such  information  as  to
transition  of  responsibilities  as the commissioner deems prudent. The
commissioner is authorized to contract with a transportation manager  or
managers  to manage transportation services in any local social services
district, OTHER THAN TRANSPORTATION SERVICES PROVIDED  OR  ARRANGED  FOR
ENROLLEES OF MANAGED LONG TERM CARE PLANS ISSUED CERTIFICATES OF AUTHOR-
ITY  UNDER  SECTION FORTY-FOUR HUNDRED THREE-F OF THE PUBLIC HEALTH LAW.
Any transportation manager or managers selected by the  commissioner  to
manage  transportation  services shall have proven experience in coordi-
nating transportation services in  a  geographic  and  demographic  area
similar  to the area in New York state within which the contractor would
manage the provision of services under this section. Such a contract  or
contracts  may include responsibility for: review, approval and process-
ing of transportation orders; management of  the  appropriate  level  of
transportation based on documented patient medical need; and development
of new technologies leading to efficient transportation services. If the
commissioner  elects  to  assume such responsibility from a local social
services district, the commissioner shall examine and,  if  appropriate,
adopt  quality  assurance measures that may include, but are not limited
to,  global  positioning  tracking  system  reporting  requirements  and
service  verification mechanisms. Any and all reimbursement rates devel-
oped by transportation managers under this subdivision shall be  subject
to  the  review  and  approval of the commissioner. [Notwithstanding any
inconsistent provision 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 other law, the  commissioner  is
authorized  to enter into a contract or contracts under this subdivision
without a competitive bid or request  for  proposal  process,  provided,
however, that:
  (a)  the department 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; and
  (c) 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 51. Section 2826 of the public health law is amended by adding a new
subdivision (c-1) to read as follows:

S. 2007--B                         36                         A. 3007--B

  (C-1) THE COMMISSIONER, UNDER APPLICATIONS SUBMITTED TO THE DEPARTMENT
PURSUANT  TO  SUBDIVISION  (D)  OF THIS SECTION, SHALL CONSIDER CRITERIA
THAT INCLUDES, BUT IS NOT LIMITED TO:
  (I)  SUCH  APPLICANT'S  FINANCIAL  CONDITION AS EVIDENCED BY OPERATING
MARGINS, NEGATIVE FUND BALANCE OR NEGATIVE EQUITY POSITION;
  (II) THE EXTENT TO WHICH SUCH APPLICANT FULFILLS OR  WILL  FULFILL  AN
UNMET HEALTH CARE NEED FOR ACUTE INPATIENT, OUTPATIENT, PRIMARY OR RESI-
DENTIAL HEALTH CARE SERVICES IN A COMMUNITY;
  (III) THE EXTENT TO WHICH SUCH APPLICATION WILL INVOLVE SAVINGS TO THE
MEDICAID PROGRAM;
  (IV) THE QUALITY OF THE APPLICATION AS EVIDENCED BY SUCH APPLICATION'S
LONG  TERM  SOLUTIONS  FOR  SUCH APPLICANT TO ACHIEVE SUSTAINABLE HEALTH
CARE SERVICES, IMPROVING THE QUALITY OF PATIENT CARE, AND/OR  TRANSFORM-
ING THE DELIVERY OF HEALTH CARE SERVICES TO MEET COMMUNITY NEEDS;
  (V)  THE  EXTENT TO WHICH SUCH APPLICANT IS GEOGRAPHICALLY ISOLATED IN
RELATION TO OTHER PROVIDERS; OR
  (VI) THE EXTENT TO WHICH SUCH APPLICANT PROVIDES SERVICES TO AN UNDER-
SERVED AREA IN RELATION TO OTHER PROVIDERS.
  S 52. Paragraph (d) of subdivision 2-a of section 2808 of  the  public
health  law,  as added by chapter 483 of the laws of 1978, is amended to
read as follows:
  (d) For facilities granted operating certificates on  or  after  March
tenth, nineteen hundred seventy-five, recognition of real property costs
in such regulations shall be based upon historical costs to the owner of
the facility, provided that payment for real property costs shall not be
in  excess of the actual debt service, including principal and interest,
and payment with respect to owner's equity, AND FURTHER  PROVIDED  THAT,
SUBJECT  TO FEDERAL FINANCIAL PARTICIPATION, AND SUBJECT TO THE APPROVAL
OF THE COMMISSIONER, EFFECTIVE APRIL FIRST, TWO  THOUSAND  FIFTEEN,  THE
COMMISSIONER  MAY  MODIFY  SUCH  PAYMENTS  FOR  REAL  PROPERTY COSTS FOR
PURPOSES OF EFFECTUATING A SHARED SAVINGS  PROGRAM,  WHEREBY  FACILITIES
SHARE  A  MINIMUM OF FIFTY PERCENT OF SAVINGS, FOR FACILITIES THAT ELECT
TO REFINANCE THEIR MORTGAGE LOANS. For  purposes  of  this  subdivision,
owner's equity shall be calculated without regard to any surplus created
by  revaluation  of  assets and shall not include amounts resulting from
mortgage amortization where the payment therefor has  been  provided  by
real property cost reimbursement.
  S  53.  The  opening  paragraph  of subdivision 1 and subdivision 3 of
section 367-s of the social services law, as amended  by  section  8  of
part  C  of  chapter  60  of  the  laws  of 2014, are amended to read as
follows:
  Notwithstanding any provision of law to the contrary,  a  supplemental
medical assistance payment shall be made on an annual basis to providers
of  emergency medical transportation services in an aggregate amount not
to exceed four million dollars for two thousand six, six million dollars
for two thousand seven, six million  dollars  for  two  thousand  eight,
[and]  six  million dollars for the period May first, two thousand four-
teen through March thirty-first, two thousand fifteen, AND  SIX  MILLION
DOLLARS  ANNUALLY  BEGINNING  WITH  THE PERIOD APRIL FIRST, TWO THOUSAND
FIFTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN pursuant to the
following methodology:
  3. If all necessary approvals under federal law and regulation are not
obtained to receive federal  financial  participation  in  the  payments
authorized by this section, payments under this section shall be made in
an  aggregate  amount not to exceed two million dollars for two thousand
six, three million dollars for two thousand seven, three million dollars

S. 2007--B                         37                         A. 3007--B

for two thousand eight [and], three million dollars for the  period  May
first,  two  thousand  fourteen through March thirty-first, two thousand
fifteen, AND THREE MILLION DOLLARS ANNUALLY BEGINNING  WITH  THE  PERIOD
APRIL  FIRST, TWO THOUSAND FIFTEEN THROUGH MARCH THIRTY-FIRST, TWO THOU-
SAND SIXTEEN. In such case, the multiplier set forth in paragraph (b) of
subdivision one of this section  shall  be  deemed  to  be  two  million
dollars or three million dollars as applicable to the annual period.
  S  54.  Paragraph  (e)  of subdivision 8 of section 2511 of the public
health law is REPEALED.
  S 55. Subdivision 18 of section 364-j of the social  services  law  is
amended by adding two new paragraphs (c) and (d) to read as follows:
  (C)  THE  DEPARTMENT  OF  HEALTH SHALL REQUIRE THE INDEPENDENT ACTUARY
SELECTED PURSUANT TO PARAGRAPH (B) OF  THIS  SUBDIVISION  TO  PROVIDE  A
COMPLETE ACTUARIAL MEMORANDUM, ALONG WITH ALL ACTUARIAL ASSUMPTIONS MADE
AND  ALL OTHER DATA, MATERIALS AND METHODOLOGIES USED IN THE DEVELOPMENT
OF RATES, TO MANAGED CARE PROVIDERS THIRTY DAYS PRIOR TO  SUBMISSION  OF
SUCH  RATES  TO  THE  CENTERS  FOR  MEDICARE  AND  MEDICAID SERVICES FOR
APPROVAL. MANAGED CARE PROVIDERS MAY REQUEST ADDITIONAL  REVIEW  OF  THE
ACTUARIAL SOUNDNESS OF THE RATE SETTING PROCESS AND/OR METHODOLOGY.
  (D)  THE  DEPARTMENT OF HEALTH SHALL ANNUALLY PROVIDE TO THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY THE ANNUAL MEDI-
CAID MANAGED CARE OPERATING REPORTS SUBMITTED  TO  THE  DEPARTMENT  FROM
MANAGED  CARE  PLANS  THAT  CONTRACT  WITH  THE STATE TO MANAGE SERVICES
PROVIDED UNDER THE MEDICAID PROGRAM.
  S 56. Subdivisions 2 and 3 of section 19 of part B of  chapter  58  of
the  laws  of  2007  amending  the  elder law and other laws relating to
authorizing  the  adjustment  of  the  Medicaid  nursing  home   capital
reimbursement cap are amended to read as follows:
  2. Notwithstanding subdivision one of this section, on a demonstration
basis,  without  requirement for a request for proposals, the department
may adjust the medicaid nursing home capital reimbursement cap in  order
to: (A) effectuate the construction of a residential health care facili-
ty  described  in subdivision one of this section, by the Capital Region
Rehabilitation Center also  known  as  the  Eddy  Cohoes  Rehabilitation
Center;   AND   (B)   EFFECTUATE  A  RESIDENTIAL  HEALTH  CARE  FACILITY
CONSTRUCTION PROJECT BY THE JEWISH HOME OF ROCHESTER.
  3. Upon completion and occupation of the [first] residential unit of a
facility under this demonstration and annually thereafter, [the  Capital
Region  Rehabilitation  Center  also  known as the Eddy Cohoes Rehabili-
tation Center] THE ELIGIBLE FACILITIES shall report to the department on
the number of patients  served,  the  type  of  services  provided,  and
outcome  and financial data that demonstrates the efficacy of this resi-
dential model.
  S 57. Notwithstanding any inconsistent provision of law, rule or regu-
lation to the contrary, 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 58. 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. 2007--B                         38                         A. 3007--B

  S  59. 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 60. This act shall take effect immediately and shall  be  deemed  to
have  been  in  full  force  and  effect  on and after April 1, 2015 and
provided that:
  1. sections one and fifty-two of this act shall expire and  be  deemed
repealed March 31, 2020;
  2.  sections  nine,  twelve and thirteen of this act shall take effect
June 1, 2015;
  3. section thirty-one of this act shall take effect July 1, 2015;
  4. section fifteen-a of this act shall take effect  October  1,  2015;
provided  however that such section shall not take effect if, on October
1, 2015: (a) federal law or regulation requires the department of health
to calculate its Medicaid payments  to  managed  care  organizations  to
include  cost  sharing  established  under  the  State  plan for medical
assistance for enrollees who are not exempt from cost sharing;  and  (b)
the  department of health has obtained a waiver of such requirement from
the Centers for Medicare and Medicaid Services;  provided  further  that
the  commissioner  of  health shall notify the legislative bill drafting
commission of the grant or denial of such  waiver  by  the  Centers  for
Medicare  and  Medicaid  Services  provided for in this section in order
that the commission may maintain an accurate and timely  effective  data
base of the official text of the laws of the state of New York in furth-
erance  of  effectuating the provisions of section 44 of the legislative
law.
  5. section thirty-eight  of  this  act  shall  expire  and  be  deemed
repealed March 31, 2018;
  6. section forty-nine of this act shall apply to any coding of payment
or claims for long term care on and after January 1, 2016;
  7.  sections  twenty-eight and forty-six of this act shall take effect
on the same date and in the same manner as section 51 of part C of chap-
ter 60 of the laws of 2014 takes effect;
  8. section forty-five of this act shall take effect on the  same  date
and in the same manner as section 50 of part C of chapter 60 of the laws
of 2014 takes effect;
  9.  the amendments made to section 364-j of the social services law by
sections thirty-six-b, forty-c and fifty-five  of  this  act  shall  not
affect  the  repeal of such sections and shall be deemed repealed there-
with;
  9-a. the amendments made to section 4403-f of the public health law by
section forty-a of this act shall not affect the repeal of such  section
and shall be deemed repealed therewith;
  9-b.  the  amendments made to section 365-h of the social services law
by section fifty of this act shall not affect the repeal of such section
and shall be deemed repealed 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;

S. 2007--B                         39                         A. 3007--B

  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  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
financial services and any appropriate council is authorized to adopt or
amend  or promulgate 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 C

  Section 1.  Section 48-a 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, as amended by
section 13 of part C of chapter 60 of the laws of 2014,  is  amended  to
read as follows:
  S  48-a. 1. Notwithstanding any contrary provision of law, the commis-
sioners of the office of alcoholism and substance abuse services and the
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 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 providers licensed pursuant to
article 28 of the public health law or article 31 or 32  of  the  mental
hygiene  law for 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 ambu-
latory  patient  group (APG) rate-setting methodology as utilized by the
department of health, 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 deter-
mined by the commissioner of health, in consultation  with  the  commis-
sioner  of  alcoholism and substance abuse services and the commissioner
of the office of mental health, be greater than the increased funds made
available pursuant to this section.   The increase  of  such  ambulatory
behavioral  health  fees to providers available under this section shall
be for all rate periods on and after the effective date of [the] SECTION
13 OF PART C OF chapter 60 of the  laws  of  2014  [which  amended  this
section]  through  [December 31, 2016] JUNE 30, 2017 for patients in the
city of New York, for all rate periods on and after the  effective  date

S. 2007--B                         40                         A. 3007--B

of  [the]  SECTION 13 OF PART C OF chapter 60 of the laws of 2014 [which
amended this section] through [June 30,] DECEMBER 31, 2017 for  patients
outside  the city of New York, and for all rate periods on and after the
effective  date  of such chapter [of the laws of 2014 which amended this
section] through December 31, 2017 for all services provided to  persons
under the age of twenty-one; provided, however, that managed care organ-
izations  and  providers  may  negotiate  different rates and methods of
payment during such periods described above, 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  of alcoholism and substance abuse services and the commis-
sioner of the office of mental health, promulgate regulations, including
emergency regulations promulgated prior to October 1, 2015 to  establish
rates  for  ambulatory  behavioral  health services, as are necessary to
implement the provisions of this section. Rates promulgated  under  this
section  shall  be included in the report required under section 45-c of
part A of this chapter.
  2. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW,  THE  FEES  PAID  BY
MANAGED  CARE  ORGANIZATIONS  LICENSED  UNDER  ARTICLE  44 OF THE PUBLIC
HEALTH LAW OR UNDER ARTICLE  43  OF  THE  INSURANCE  LAW,  TO  PROVIDERS
LICENSED  PURSUANT  TO ARTICLE 28 OF THE PUBLIC HEALTH LAW OR ARTICLE 31
OR 32 OF THE  MENTAL  HYGIENE  LAW,  FOR  AMBULATORY  BEHAVIORAL  HEALTH
SERVICES  PROVIDED  TO  PATIENTS  ENROLLED IN THE CHILD HEALTH INSURANCE
PROGRAM PURSUANT TO TITLE ONE-A OF ARTICLE 25 OF THE PUBLIC HEALTH  LAW,
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. THE COMMISSIONER OF HEALTH SHALL
CONSULT WITH THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
AND THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH IN DETERMINING  SUCH
SERVICES  AND  ESTABLISHING SUCH FEES. SUCH AMBULATORY BEHAVIORAL HEALTH
FEES TO PROVIDERS AVAILABLE UNDER THIS SECTION SHALL  BE  FOR  ALL  RATE
PERIODS ON AND AFTER THE EFFECTIVE DATE OF THIS CHAPTER THROUGH DECEMBER
31, 2017, PROVIDED, HOWEVER, THAT MANAGED CARE ORGANIZATIONS AND PROVID-
ERS  MAY  NEGOTIATE  DIFFERENT  RATES AND METHODS OF PAYMENT DURING SUCH
PERIODS DESCRIBED ABOVE, SUBJECT TO THE APPROVAL OF  THE  DEPARTMENT  OF
HEALTH.  THE DEPARTMENT OF HEALTH SHALL CONSULT WITH THE OFFICE OF ALCO-
HOLISM  AND  SUBSTANCE ABUSE SERVICES AND THE OFFICE OF MENTAL HEALTH IN
DETERMINING WHETHER SUCH ALTERNATIVE  RATES  SHALL  BE  APPROVED.    THE
REPORT  REQUIRED  UNDER SECTION 16-A OF PART C OF CHAPTER 60 OF THE LAWS
OF 2014 SHALL ALSO INCLUDE THE POPULATION OF PATIENTS  ENROLLED  IN  THE
CHILD  HEALTH INSURANCE PROGRAM PURSUANT TO TITLE ONE-A OF ARTICLE 25 OF
THE PUBLIC HEALTH LAW IN ITS EXAMINATION ON THE TRANSITION OF BEHAVIORAL
HEALTH SERVICES INTO MANAGED CARE.
  S 2. 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, as amended by section 15 of part C of chapter  60  of
the laws of 2014, is amended to read as follows:
  Section  1.  A.  Notwithstanding  any  contrary  provision of law, the
commissioners of  mental  health  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 arti-

S. 2007--B                         41                         A. 3007--B

cle 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 providers licensed pursuant to article 28 of  the
public health law, or pursuant to article 31 or article 32 of the mental
hygiene  law 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 commissioners 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 [the]
SECTION 15 OF PART C OF chapter 60 of the laws of  2014  [which  amended
this  section] through [December 31, 2016] JUNE 30, 2017 for patients in
the city of New York, for all rate periods on and  after  the  effective
date  of  [the]  SECTION  15 OF PART C OF chapter 60 of the laws of 2014
[which amended this section] through [June 30,] DECEMBER  31,  2017  for
patients  outside  the city of New York, and for all rate periods on and
after the effective date of [the] SECTION 15 OF PART C OF chapter 60  of
the  laws of 2014 [which amended this section] 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 methods of  payment  during  such  periods
described,  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 commissioners of mental health and
alcoholism and substance abuse services, promulgate regulations, includ-
ing emergency regulations promulgated prior  to  October  1,  2013  that
establish  rates  for  behavioral  health  services, as are necessary to
implement the provisions of this section. Rates promulgated  under  this
section  shall  be included in the report required under section 45-c of
part A of chapter 56 of the laws of 2013.
  B. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW,  THE  FEES  PAID  BY
MANAGED  CARE  ORGANIZATIONS  LICENSED  UNDER  ARTICLE  44 OF THE PUBLIC
HEALTH LAW OR UNDER ARTICLE  43  OF  THE  INSURANCE  LAW,  TO  PROVIDERS
LICENSED  PURSUANT  TO ARTICLE 28 OF THE PUBLIC HEALTH LAW OR ARTICLE 31
OR 32 OF THE  MENTAL  HYGIENE  LAW,  FOR  AMBULATORY  BEHAVIORAL  HEALTH
SERVICES  PROVIDED  TO  PATIENTS  ENROLLED IN THE CHILD HEALTH INSURANCE
PROGRAM PURSUANT TO TITLE ONE-A OF ARTICLE 25 OF THE PUBLIC HEALTH  LAW,
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. THE COMMISSIONER OF HEALTH SHALL
CONSULT WITH THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
AND THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH IN DETERMINING  SUCH
SERVICES  AND  ESTABLISHING SUCH FEES. SUCH AMBULATORY BEHAVIORAL HEALTH
FEES TO PROVIDERS AVAILABLE UNDER THIS SECTION SHALL  BE  FOR  ALL  RATE

S. 2007--B                         42                         A. 3007--B

PERIODS ON AND AFTER THE EFFECTIVE DATE OF THIS CHAPTER THROUGH DECEMBER
31, 2017, PROVIDED, HOWEVER, THAT MANAGED CARE ORGANIZATIONS AND PROVID-
ERS  MAY  NEGOTIATE  DIFFERENT  RATES AND METHODS OF PAYMENT DURING SUCH
PERIODS  DESCRIBED  ABOVE,  SUBJECT TO THE APPROVAL OF THE DEPARTMENT OF
HEALTH. THE DEPARTMENT OF HEALTH SHALL CONSULT WITH THE OFFICE OF  ALCO-
HOLISM  AND  SUBSTANCE ABUSE SERVICES AND THE OFFICE OF MENTAL HEALTH IN
DETERMINING WHETHER SUCH ALTERNATIVE  RATES  SHALL  BE  APPROVED.    THE
REPORT  REQUIRED  UNDER SECTION 16-A OF PART C OF CHAPTER 60 OF THE LAWS
OF 2014 SHALL ALSO INCLUDE THE POPULATION OF PATIENTS  ENROLLED  IN  THE
CHILD  HEALTH INSURANCE PROGRAM PURSUANT TO TITLE ONE-A OF ARTICLE 25 OF
THE PUBLIC HEALTH LAW IN ITS EXAMINATION ON THE TRANSITION OF BEHAVIORAL
HEALTH SERVICES INTO MANAGED CARE.
  S 3. 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  4. 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 5. 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 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 6. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2015. Provided,
however that:
  1.  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;
  2. 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;
  3. the commissioner of health and the superintendent of the department
of financial services and any appropriate council  may  take  any  steps
necessary to implement this act prior to its effective date;
  4. notwithstanding any inconsistent provision of the state administra-
tive  procedure  act  or any other provision of law, rule or regulation,
the commissioner of health and the superintendent of the  department  of
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;
  5. the provisions of this act shall become  effective  notwithstanding
the  failure  of the commissioner of health or the superintendent of the

S. 2007--B                         43                         A. 3007--B

department of financial services or any council to  adopt  or  amend  or
promulgate regulations implementing this act; and
  6.  the amendments to section 48-a of part A of chapter 56 of the laws
of 2013 made by section one of this act and the amendments to section  1
of part H of chapter 111 of the laws of 2010 made by section two of this
act shall not affect the expiration of such sections and shall be deemed
to expire therewith.

                                 PART D

  Section 1. Section 11 of chapter 884 of the laws of 1990, amending the
public  health  law  relating  to  authorizing bad debt and charity care
allowances for certified home health agencies, as amended by  section  3
of  part  B  of  chapter  56  of the laws of 2013, is amended to read as
follows:
  S 11. This act shall take effect immediately and:
  (a) sections one and three shall expire on December 31, 1996,
  (b) sections four through ten shall expire on June  30,  [2015]  2017,
and
  (c) provided that the amendment to section 2807-b of the public health
law  by  section two of this act shall not affect the expiration of such
section 2807-b as otherwise provided by  law  and  shall  be  deemed  to
expire therewith.
  S  2.  Subdivision 2 of section 246 of chapter 81 of the laws of 1995,
amending the public health  law  and  other  laws  relating  to  medical
reimbursement  and  welfare reform, as amended by section 4 of part B of
chapter 56 of the laws of 2013, is amended to read as follows:
  2. Sections five, seven through nine,  twelve  through  fourteen,  and
eighteen  of  this  act  shall  be deemed to have been in full force and
effect on and after April 1, 1995 through March  31,  1999  and  on  and
after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
through  March 31, 2003 and on and after April 1, 2003 through March 31,
2006 and on and after April 1, 2006 through March 31, 2007  and  on  and
after  April  1,  2007  through March 31, 2009 and on and after April 1,
2009 through March 31, 2011 and sections twelve, thirteen  and  fourteen
of  this act shall be deemed to be in full force and effect on and after
April 1, 2011 through March 31, 2015 AND ON  AND  AFTER  APRIL  1,  2015
THROUGH MARCH 31, 2017;
  S  3.  Subparagraph  (vi) of paragraph (b) of subdivision 2 of section
2807-d of the public health law, as amended by section 5 of  part  B  of
chapter 56 of the laws of 2013, is amended to read as follows:
  (vi)  Notwithstanding  any contrary provision of this paragraph or any
other provision of law or regulation to the  contrary,  for  residential
health care facilities the assessment shall be six percent of each resi-
dential  health care facility's gross receipts received from all patient
care services and other operating income on a cash basis for the  period
April  first,  two thousand two through March thirty-first, two thousand
three for hospital  or  health-related  services,  including  adult  day
services;  provided,  however,  that residential health care facilities'
gross receipts attributable to payments received pursuant to title XVIII
of the federal social security act (medicare) shall be excluded from the
assessment; provided, however, that for all such gross receipts received
on or after April first, two thousand three through March  thirty-first,
two  thousand  five,  such assessment shall be five percent, and further
provided that for all such gross receipts received  on  or  after  April
first,  two thousand five through March thirty-first, two thousand nine,

S. 2007--B                         44                         A. 3007--B

and on or after April first, two thousand  nine  through  March  thirty-
first,  two  thousand  eleven  such assessment shall be six percent, and
further provided that for all such gross receipts received on  or  after
April  first,  two thousand eleven through March thirty-first, two thou-
sand thirteen such assessment shall be six percent, and further provided
that for all such gross receipts received on or after April  first,  two
thousand  thirteen through March thirty-first, two thousand fifteen such
assessment shall be six percent, AND FURTHER PROVIDED THAT FOR ALL  SUCH
GROSS  RECEIPTS  RECEIVED  ON OR AFTER APRIL FIRST, TWO THOUSAND FIFTEEN
THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN SUCH ASSESSMENT SHALL
BE SIX PERCENT.
  S 4. Section 88 of chapter 659 of the laws of 1997,  constituting  the
long  term  care  integration  and  finance  act  of 1997, as amended by
section 6 of part B of chapter 56 of the laws of  2013,  is  amended  to
read as follows:
  S  88. Notwithstanding any provision of law to the contrary, all oper-
ating demonstrations, as such term is defined in paragraph (c) of subdi-
vision 1 of section 4403-f of the public health law as added by  section
eighty-two  of this act, due to expire prior to January 1, 2001 shall be
deemed to [expire on December 31, 2015] REMAIN IN FULL FORCE AND  EFFECT
SUBSEQUENT TO SUCH DATE.
  S  5. Subdivision 1 of section 194 of chapter 474 of the laws of 1996,
amending the education law and other laws relating to rates for residen-
tial health care facilities, as amended by section 9 of part B of  chap-
ter 56 of the laws of 2013, is amended to read as follows:
  1.  Notwithstanding  any  inconsistent provision of law or regulation,
the trend factors used to project reimbursable operating  costs  to  the
rate  period  for  purposes  of determining rates of payment pursuant to
article 28 of the public health law for residential health care  facili-
ties for reimbursement of inpatient services provided to patients eligi-
ble  for payments made by state governmental agencies on and after April
1, 1996 through March 31, 1999 and for payments made on and  after  July
1,  1999  through  March 31, 2000 and on and after April 1, 2000 through
March 31, 2003 and on and after April 1, 2003 through March 31, 2007 and
on and after April 1, 2007 through March 31, 2009 and on and after April
1, 2009 through March 31, 2011 and on and after April  1,  2011  through
March  31,  2013  and on and after April 1, 2013 through March 31, 2015,
AND ON AND AFTER APRIL 1, 2015 THROUGH MARCH 31, 2017 shall  reflect  no
trend  factor  projections  or adjustments for the period April 1, 1996,
through March 31, 1997.
  S 6. Subdivision 1 of section 89-a of part C of chapter 58 of the laws
of 2007, amending the social services law and  other  laws  relating  to
enacting  the major components of legislation necessary to implement the
health and mental hygiene budget for the 2007-2008 state fiscal year, as
amended by section 10 of part B of chapter 56 of the laws  of  2013,  is
amended to read as follows:
  1.  Notwithstanding  paragraph (c) of subdivision 10 of section 2807-c
of the public health law and section 21 of chapter  1  of  the  laws  of
1999,  as  amended, and any other inconsistent provision of law or regu-
lation to the contrary,  in  determining  rates  of  payments  by  state
governmental agencies effective for services provided beginning April 1,
2006,  through  March  31,  2009, and on and after April 1, 2009 through
March 31, 2011, and on and after April 1, 2011 through March  31,  2013,
and  on and after April 1, 2013 through March 31, 2015, AND ON AND AFTER
APRIL 1, 2015 THROUGH  MARCH  31,  2017  for  inpatient  and  outpatient
services  provided  by  general hospitals and for inpatient services and

S. 2007--B                         45                         A. 3007--B

outpatient adult day health care services provided by residential health
care facilities pursuant to article 28 of the  public  health  law,  the
commissioner  of health shall apply a trend factor projection of two and
twenty-five  hundredths  percent  attributable  to the period January 1,
2006 through December 31, 2006,  and  on  and  after  January  1,  2007,
provided,  however,  that on reconciliation of such trend factor for the
period January 1, 2006 through December 31, 2006 pursuant  to  paragraph
(c)  of  subdivision 10 of section 2807-c of the public health law, such
trend factor shall be the final US Consumer Price Index  (CPI)  for  all
urban  consumers,  as published by the US Department of Labor, Bureau of
Labor Statistics less twenty-five hundredths of a percentage point.
  S 7. Paragraph (f) of subdivision 1 of section 64 of chapter 81 of the
laws of 1995, amending the public health law and other laws relating  to
medical  reimbursement  and  welfare reform, as amended by section 11 of
part B of chapter 56 of the laws of 2013, is amended to read as follows:
  (f) Prior to February 1, 2001, February 1,  2002,  February  1,  2003,
February  1, 2004, February 1, 2005, February 1, 2006, February 1, 2007,
February 1, 2008, February 1, 2009, February 1, 2010, February 1,  2011,
February 1, 2012, February 1, 2013 [and], February 1, 2014 [and], Febru-
ary  1,  2015, FEBRUARY 1, 2016 AND FEBRUARY 1, 2017 the commissioner of
health shall calculate the result of the statewide total of  residential
health  care  facility  days  of care provided to beneficiaries of title
XVIII of the federal social security act (medicare), divided by the  sum
of  such  days  of care plus days of care provided to residents eligible
for payments pursuant to title 11 of article 5 of  the  social  services
law  minus  the  number  of days provided to residents receiving hospice
care, expressed as a percentage, for the period  commencing  January  1,
through  November 30, of the prior year respectively, based on such data
for such period. This value shall be called the 2000, 2001, 2002,  2003,
2004,  2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 [and],
2015, 2016 AND 2017 statewide target percentage respectively.
  S 8. Subparagraph (ii) of paragraph (b) of subdivision 3 of section 64
of chapter 81 of the laws of 1995, amending the public  health  law  and
other  laws  relating  to  medical  reimbursement and welfare reform, as
amended by section 12 of part B of chapter 56 of the laws  of  2013,  is
amended to read as follows:
  (ii)  If  the  1997,  1998,  2000, 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014  [and],  2015,  2016  AND
2017  statewide  target percentages are not for each year at least three
percentage points higher than the statewide base percentage, the commis-
sioner of health shall determine the percentage by which  the  statewide
target  percentage for each year is not at least three percentage points
higher than the statewide base  percentage.  The  percentage  calculated
pursuant  to  this paragraph shall be called the 1997, 1998, 2000, 2001,
2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012,  2013,
2014  [and],  2015, 2016 AND 2017 statewide reduction percentage respec-
tively.  If the 1997, 1998, 2000, 2001, 2002, 2003,  2004,  2005,  2006,
2007,  2008, 2009, 2010, 2011, 2012, 2013[;], 2014 [and], 2015, 2016 AND
2017 statewide target percentage for the respective  year  is  at  least
three  percentage  points higher than the statewide base percentage, the
statewide reduction percentage for the respective year shall be zero.
  S 9. Subparagraph (iii) of paragraph (b) of subdivision 4  of  section
64 of chapter 81 of the laws of 1995, amending the public health law and
other  laws  relating  to  medical  reimbursement and welfare reform, as
amended by section 13 of part B of chapter 56 of the laws  of  2013,  is
amended to read as follows:

S. 2007--B                         46                         A. 3007--B

  (iii)  The 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008,
2009, 2010, 2011, 2012, 2013, 2014 [and], 2015, 2016 AND 2017  statewide
reduction  percentage  shall  be  multiplied  by one hundred two million
dollars respectively to determine the  1998,  2000,  2001,  2002,  2003,
2004,  2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 [and],
2015, 2016 AND 2017 statewide aggregate reduction amount.  If  the  1998
and  the  2000,  2001,  2002,  2003, 2004, 2005, 2006, 2007, 2008, 2009,
2010, 2011, 2012, 2013,  2014  [and],  2015,  2016  AND  2017  statewide
reduction percentage shall be zero respectively, there shall be no 1998,
2000,  2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011,
2012, 2013, 2014 [and], 2015, 2016 AND 2017 reduction amount.
  S 10. Section 228 of chapter 474 of the laws  of  1996,  amending  the
education  law  and  other laws relating to rates for residential health
care facilities, as amended by section 14-a of part B of chapter  56  of
the laws of 2013, is amended to read as follows:
  S  228.  1.  Definitions.  (a)  Regions, for purposes of this section,
shall mean a downstate region to consist of Kings, New  York,  Richmond,
Queens,  Bronx,  Nassau  and  Suffolk  counties and an upstate region to
consist of all other New York state counties. A  certified  home  health
agency  or  long  term  home health care program shall be located in the
same county utilized by the commissioner of health for the establishment
of rates pursuant to article 36 of the public health law.
  (b) Certified home health  agency  (CHHA)  shall  mean  such  term  as
defined in section 3602 of the public health law.
  (c)  Long  term home health care program (LTHHCP) shall mean such term
as defined in subdivision 8 of section 3602 of the public health law.
  (d) Regional group shall mean all those CHHAs and LTHHCPs, respective-
ly, located within a region.
  (e) Medicaid revenue percentage, for purposes of this  section,  shall
mean  CHHA  and  LTHHCP  revenues  attributable  to services provided to
persons eligible for payments pursuant to title 11 of article 5  of  the
social services law divided by such revenues plus CHHA and LTHHCP reven-
ues attributable to services provided to beneficiaries of Title XVIII of
the federal social security act (medicare).
  (f)  Base  period,  for  purposes of this section, shall mean calendar
year 1995.
  (g) Target period. For purposes of this section, the 1996 target peri-
od shall mean August 1, 1996 through March 31,  1997,  the  1997  target
period  shall  mean  January 1, 1997 through November 30, 1997, the 1998
target period shall mean January 1, 1998 through November 30, 1998,  the
1999 target period shall mean January 1, 1999 through November 30, 1999,
the  2000  target period shall mean January 1, 2000 through November 30,
2000, the 2001 target period shall mean January 1, 2001 through November
30, 2001, the 2002 target period shall  mean  January  1,  2002  through
November  30,  2002,  the  2003 target period shall mean January 1, 2003
through November 30, 2003, the 2004 target period shall mean January  1,
2004  through  November  30, 2004, and the 2005 target period shall mean
January 1, 2005 through November 30, 2005, the 2006 target period  shall
mean  January  1,  2006  through  November 30, 2006, and the 2007 target
period shall mean January 1, 2007 through November 30, 2007 and the 2008
target period shall mean January 1, 2008 through November 30, 2008,  and
the  2009  target period shall mean January 1, 2009 through November 30,
2009 and the 2010 target period  shall  mean  January  1,  2010  through
November  30, 2010 and the 2011 target period shall mean January 1, 2011
through November 30, 2011 and the 2012 target period shall mean  January
1,  2012 through November 30, 2012 and the 2013 target period shall mean

S. 2007--B                         47                         A. 3007--B

January 1, 2013 through November 30, 2013, and the  2014  target  period
shall mean January 1, 2014 through November 30, 2014 and the 2015 target
period shall mean January 1, 2015 through November 30, 2015 AND THE 2016
TARGET  PERIOD  SHALL MEAN JANUARY 1, 2016 THROUGH NOVEMBER 30, 2016 AND
THE 2017 TARGET PERIOD SHALL MEAN JANUARY 1, 2017 THROUGH  NOVEMBER  30,
2017.
  2.  (a) Prior to February 1, 1997, for each regional group the commis-
sioner of health shall calculate the 1996 medicaid  revenue  percentages
for the period commencing August 1, 1996 to the last date for which such
data is available and reasonably accurate.
  (b)  Prior  to  February  1, 1998, prior to February 1, 1999, prior to
February 1, 2000, prior to February 1, 2001, prior to February 1,  2002,
prior  to February 1, 2003, prior to February 1, 2004, prior to February
1, 2005, prior to February 1, 2006, prior to February 1, 2007, prior  to
February  1, 2008, prior to February 1, 2009, prior to February 1, 2010,
prior to February 1, 2011, prior to February 1, 2012, prior to  February
1, 2013, prior to February 1, 2014 [and], prior to February 1, 2015, AND
PRIOR  TO  FEBRUARY  1,  2016  AND  PRIOR  TO  FEBRUARY 1, 2017 for each
regional group the commissioner of  health  shall  calculate  the  prior
year's  medicaid revenue percentages for the period commencing January 1
through November 30 of such prior year.
  3. By September 15, 1996, for each regional group the commissioner  of
health shall calculate the base period medicaid revenue percentage.
  4.  (a)  For  each  regional  group,  the 1996 target medicaid revenue
percentage shall be calculated by subtracting the 1996 medicaid  revenue
reduction percentages from the base period medicaid revenue percentages.
The  1996  medicaid  revenue  reduction  percentage, taking into account
regional and program differences in utilization of medicaid and medicare
services, for the following regional groups shall be equal to:
  (i) one and one-tenth percentage points for CHHAs located  within  the
downstate region;
  (ii)  six-tenths  of one percentage point for CHHAs located within the
upstate region;
  (iii) one and eight-tenths percentage points for LTHHCPs located with-
in the downstate region; and
  (iv) one and seven-tenths percentage points for LTHHCPs located within
the upstate region.
  (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004,  2005,  2006,  2007,
2008,  2009, 2010, 2011, 2012, 2013, 2014 [and], 2015, 2016 AND 2017 for
each regional group, the target  medicaid  revenue  percentage  for  the
respective year shall be calculated by subtracting the respective year's
medicaid  revenue  reduction  percentage  from  the base period medicaid
revenue percentage. The medicaid revenue reduction percentages for 1997,
1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,  2010,
2011,  2012,  2013, 2014 [and], 2015, 2016 AND 2017, taking into account
regional and program differences in utilization of medicaid and medicare
services, for the following regional groups shall be equal to  for  each
such year:
  (i)  one  and one-tenth percentage points for CHHAs located within the
downstate region;
  (ii) six-tenths of one percentage point for CHHAs located  within  the
upstate region;
  (iii) one and eight-tenths percentage points for LTHHCPs located with-
in the downstate region; and
  (iv) one and seven-tenths percentage points for LTHHCPs located within
the upstate region.

S. 2007--B                         48                         A. 3007--B

  (c) For each regional group, the 1999 target medicaid revenue percent-
age  shall  be  calculated  by  subtracting  the  1999  medicaid revenue
reduction percentage from the base period medicaid  revenue  percentage.
The  1999  medicaid  revenue  reduction percentages, taking into account
regional and program differences in utilization of medicaid and medicare
services, for the following regional groups shall be equal to:
  (i)  eight  hundred  twenty-five  thousandths (.825) of one percentage
point for CHHAs located within the downstate region;
  (ii) forty-five hundredths (.45) of one  percentage  point  for  CHHAs
located within the upstate region;
  (iii)  one  and  thirty-five  hundredths  percentage points (1.35) for
LTHHCPs located within the downstate region; and
  (iv) one and two hundred seventy-five  thousandths  percentage  points
(1.275) for LTHHCPs located within the upstate region.
  5.  (a) For each regional group, if the 1996 medicaid revenue percent-
age is not equal to or  less  than  the  1996  target  medicaid  revenue
percentage,  the  commissioner of health shall compare the 1996 medicaid
revenue percentage to the 1996 target  medicaid  revenue  percentage  to
determine  the  amount  of the shortfall which, when divided by the 1996
medicaid  revenue  reduction  percentage,  shall  be  called  the   1996
reduction  factor.  These  amounts, expressed as a percentage, shall not
exceed one hundred percent. If the 1996 medicaid revenue  percentage  is
equal  to  or less than the 1996 target medicaid revenue percentage, the
1996 reduction factor shall be zero.
  (b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003,  2004,  2005,  2006,
2007,  2008,  2009,  2010, 2011, 2012, 2013, 2014 [and], 2015, 2016, AND
2017, for each regional group, if the medicaid  revenue  percentage  for
the  respective  year  is  not equal to or less than the target medicaid
revenue percentage for such respective year, the commissioner of  health
shall compare such respective year's medicaid revenue percentage to such
respective  year's  target  medicaid revenue percentage to determine the
amount of the shortfall which, when divided  by  the  respective  year's
medicaid  revenue  reduction  percentage,  shall be called the reduction
factor for such respective year. These amounts, expressed as a  percent-
age,  shall  not  exceed  one  hundred  percent. If the medicaid revenue
percentage for a particular year is equal to or  less  than  the  target
medicaid revenue percentage for that year, the reduction factor for that
year shall be zero.
  6.  (a)  For  each  regional group, the 1996 reduction factor shall be
multiplied by the following amounts to determine each  regional  group's
applicable 1996 state share reduction amount:
  (i) two million three hundred ninety thousand dollars ($2,390,000) for
CHHAs located within the downstate region;
  (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
within the upstate region;
  (iii)  one  million  two hundred seventy thousand dollars ($1,270,000)
for LTHHCPs located within the downstate region; and
  (iv) five hundred  ninety  thousand  dollars  ($590,000)  for  LTHHCPs
located within the upstate region.
  For  each regional group reduction, if the 1996 reduction factor shall
be zero, there shall be no 1996 state share reduction amount.
  (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004,  2005,  2006,  2007,
2008, 2009, 2010, 2011, 2012, 2013, 2014 [and], 2015, 2016 AND 2017, for
each  regional group, the reduction factor for the respective year shall
be multiplied by  the  following  amounts  to  determine  each  regional

S. 2007--B                         49                         A. 3007--B

group's  applicable  state  share  reduction  amount for such respective
year:
  (i) two million three hundred ninety thousand dollars ($2,390,000) for
CHHAs located within the downstate region;
  (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
within the upstate region;
  (iii)  one  million  two hundred seventy thousand dollars ($1,270,000)
for LTHHCPs located within the downstate region; and
  (iv) five hundred  ninety  thousand  dollars  ($590,000)  for  LTHHCPs
located within the upstate region.
  For  each  regional  group  reduction,  if  the reduction factor for a
particular year shall be zero, there shall be no state  share  reduction
amount for such year.
  (c) For each regional group, the 1999 reduction factor shall be multi-
plied by the following amounts to determine each regional group's appli-
cable 1999 state share reduction amount:
  (i) one million seven hundred ninety-two thousand five hundred dollars
($1,792,500) for CHHAs located within the downstate region;
  (ii)  five  hundred sixty-two thousand five hundred dollars ($562,500)
for CHHAs located within the upstate region;
  (iii) nine hundred fifty-two thousand five hundred dollars  ($952,500)
for LTHHCPs located within the downstate region; and
  (iv)  four  hundred forty-two thousand five hundred dollars ($442,500)
for LTHHCPs located within the upstate region.
  For each regional group reduction, if the 1999 reduction factor  shall
be zero, there shall be no 1999 state share reduction amount.
  7.  (a) For each regional group, the 1996 state share reduction amount
shall be allocated by the commissioner of health among CHHAs and LTHHCPs
on the basis of the extent  of  each  CHHA's  and  LTHHCP's  failure  to
achieve  the  1996  target  medicaid revenue percentage, calculated on a
provider specific basis utilizing revenues for this  purpose,  expressed
as  a  proportion  of  the  total of each CHHA's and LTHHCP's failure to
achieve the 1996 target medicaid revenue percentage within the  applica-
ble  regional group. This proportion shall be multiplied by the applica-
ble 1996 state share reduction amount calculation pursuant to  paragraph
(a)  of  subdivision  6 of this section. This amount shall be called the
1996 provider specific state share reduction amount.
  (b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003,  2004,  2005,  2006,
2007,  2008,  2009,  2010,  2011, 2012, 2013, 2014 [and], 2015, 2016 AND
2017 for each regional group, the state share reduction amount  for  the
respective  year  shall be allocated by the commissioner of health among
CHHAs and LTHHCPs on the basis of the extent of each CHHA's and LTHHCP's
failure to achieve the target medicaid revenue percentage for the appli-
cable year, calculated on a provider specific basis  utilizing  revenues
for  this purpose, expressed as a proportion of the total of each CHHA's
and LTHHCP's failure to achieve the target medicaid  revenue  percentage
for  the  applicable  year  within  the  applicable regional group. This
proportion shall be multiplied by  the  applicable  year's  state  share
reduction  amount calculation pursuant to paragraph (b) or (c) of subdi-
vision 6 of this section. This  amount  shall  be  called  the  provider
specific state share reduction amount for the applicable year.
  8.  (a)  The 1996 provider specific state share reduction amount shall
be due to the state from each CHHA and LTHHCP and may be recouped by the
state by March 31, 1997 in a lump sum amount or  amounts  from  payments
due  to  the  CHHA  and  LTHHCP pursuant to title 11 of article 5 of the
social services law.

S. 2007--B                         50                         A. 3007--B

  (b) The provider specific state share reduction amount for 1997, 1998,
1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,  2010,
2011, 2012, 2013, 2014 [and], 2015, 2016 AND 2017 respectively, shall be
due  to the state from each CHHA and LTHHCP and each year the amount due
for  such year may be recouped by the state by March 31 of the following
year in a lump sum amount or amounts from payments due to the  CHHA  and
LTHHCP pursuant to title 11 of article 5 of the social services law.
  9.  CHHAs  and  LTHHCPs shall submit such data and information at such
times as the commissioner of health may require  for  purposes  of  this
section.  The  commissioner of health may use data available from third-
party payors.
  10. On or about June 1, 1997, for each regional group the commissioner
of health shall calculate for the period August 1,  1996  through  March
31,  1997  a  medicaid  revenue  percentage, a reduction factor, a state
share reduction amount, and a provider specific  state  share  reduction
amount  in  accordance with the methodology provided in paragraph (a) of
subdivision 2, paragraph (a) of subdivision 5, paragraph (a) of subdivi-
sion 6 and paragraph (a) of subdivision 7 of this section. The  provider
specific state share reduction amount calculated in accordance with this
subdivision  shall be compared to the 1996 provider specific state share
reduction amount calculated in accordance with paragraph (a) of subdivi-
sion 7 of this section. Any amount in excess of the amount determined in
accordance with paragraph (a) of subdivision 7 of this section shall  be
due  to  the  state  from  each  CHHA  and LTHHCP and may be recouped in
accordance with paragraph (a) of subdivision 8 of this section.  If  the
amount  is  less than the amount determined in accordance with paragraph
(a) of subdivision 7 of this section, the difference shall  be  refunded
to  the  CHHA and LTHHCP by the state no later than July 15, 1997. CHHAs
and LTHHCPs shall submit data for the  period  August  1,  1996  through
March 31, 1997 to the commissioner of health by April 15, 1997.
  11.  If  a  CHHA  or  LTHHCP  fails  to submit data and information as
required for purposes of this section:
  (a) such CHHA or LTHHCP shall be presumed to have no decrease in medi-
caid revenue percentage between  the  applicable  base  period  and  the
applicable  target  period  for purposes of the calculations pursuant to
this section; and
  (b) the commissioner of health shall reduce the current rate  paid  to
such  CHHA  and  such  LTHHCP by state governmental agencies pursuant to
article 36 of the public health law by one percent for a  period  begin-
ning on the first day of the calendar month following the applicable due
date  as  established by the commissioner of health and continuing until
the last day of the calendar month in which the required data and infor-
mation are submitted.
  12. The commissioner of health shall inform in writing the director of
the budget and the chair of the senate finance committee and  the  chair
of  the  assembly  ways and means committee of the results of the calcu-
lations pursuant to this section.
  S 11. Subdivision 5-a of section 246 of chapter  81  of  the  laws  of
1995,  amending the public health law and other laws relating to medical
reimbursement and welfare reform, as amended by section 15 of part B  of
chapter 56 of the laws of 2013, is amended to read as follows:
  5-a.  Section sixty-four-a of this act shall be deemed to have been in
full force and effect on and after April 1, 1995 through March 31,  1999
and  on  and  after July 1, 1999 through March 31, 2000 and on and after
April 1, 2000 through March 31, 2003 and on  and  after  April  1,  2003
through March 31, 2007, and on and after April 1, 2007 through March 31,

S. 2007--B                         51                         A. 3007--B

2009,  and on and after April 1, 2009 through March 31, 2011, and on and
after April 1, 2011 through March 31, 2013, and on and  after  April  1,
2013  through  March  31,  2015,  AND ON AND AFTER APRIL 1, 2015 THROUGH
MARCH 31, 2017;
  S  12.  Section  64-b  of chapter 81 of the laws of 1995, amending the
public health law and other laws relating to medical  reimbursement  and
welfare  reform, as amended by section 16 of part B of chapter 56 of the
laws of 2013, is amended to read as follows:
  S  64-b.  Notwithstanding  any  inconsistent  provision  of  law,  the
provisions of subdivision 7 of section 3614 of the public health law, as
amended,  shall  remain and be in full force and effect on April 1, 1995
through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
and after April 1, 2000 through March 31, 2003 and on and after April 1,
2003 through March 31, 2007, and on and  after  April  1,  2007  through
March  31,  2009, and on and after April 1, 2009 through March 31, 2011,
and on and after April 1, 2011 through March 31, 2013, and on and  after
April  1,  2013  through  March 31, 2015, AND ON AND AFTER APRIL 1, 2015
THROUGH MARCH 31, 2017.
  S 13. Subdivision 1 of section 20 of chapter 451 of the laws of  2007,
amending  the  public health law, the social services law and the insur-
ance  law,  relating  to  providing  enhanced  consumer   and   provider
protections,  as  amended  by  section 17 of part B of chapter 56 of the
laws of 2013, is amended to read as follows:
  1. sections four, eleven and thirteen  of this act shall  take  effect
immediately  and  shall  expire  and  be deemed repealed June 30, [2015]
2017;
  S 14. The opening paragraph of subdivision 7-a of section 3614 of  the
public  health  law, as amended by section 18 of part B of chapter 56 of
the laws of 2013, is amended to read as follows:
  Notwithstanding any inconsistent provision of law or  regulation,  for
the  purposes  of establishing rates of payment by governmental agencies
for long term home health care programs for the period April first,  two
thousand five, through December thirty-first, two thousand five, and for
the  period  January first, two thousand six through March thirty-first,
two thousand seven, and on and after April  first,  two  thousand  seven
through  March  thirty-first,  two thousand nine, and on and after April
first, two thousand nine through March thirty-first, two thousand  elev-
en,  and  on  and  after  April first, two thousand eleven through March
thirty-first, two thousand thirteen and on and after  April  first,  two
thousand  thirteen through March thirty-first, two thousand fifteen, AND
ON AND AFTER APRIL 1ST, TWO THOUSAND FIFTEEN THROUGH MARCH THIRTY-FIRST,
TWO THOUSAND SEVENTEEN the reimbursable  base  year  administrative  and
general  costs  of a provider of services shall not exceed the statewide
average of total reimbursable base year administrative and general costs
of such providers of services.
  S 15. Subdivision 12 of section 246 of chapter 81 of the laws of 1995,
amending the public health  law  and  other  laws  relating  to  medical
reimbursement  and welfare reform, as amended by section 21 of part B of
chapter 56 of the laws of 2013, is amended to read as follows:
  12. Sections one hundred five-b through one hundred five-f of this act
shall expire March 31, [2015] 2017.
  S 16. Section 3 of chapter 303 of the laws of 1999, amending  the  New
York  state  medical  care  facilities  finance  agency  act relating to
financing health facilities, as amended by section 30 of part A of chap-
ter 59 of the laws of 2011, is amended to read as follows:

S. 2007--B                         52                         A. 3007--B

  S 3. This act shall take effect immediately, provided,  however,  that
subdivision 15-a of section 5 of section 1 of chapter 392 of the laws of
1973,  as  added  by section one of this act, shall expire and be deemed
repealed June 30, [2015] 2019; and provided further, however,  that  the
expiration  and  repeal  of  such  subdivision  15-a shall not affect or
impair in any manner any health facilities bonds issued, or any lease or
purchase of a health facility executed,  pursuant  to  such  subdivision
15-a  prior  to  its expiration and repeal and that, with respect to any
such bonds issued and outstanding  as  of  June  30,  [2015]  2019,  the
provisions of such subdivision 15-a as they existed immediately prior to
such  expiration  and  repeal shall continue to apply through the latest
maturity date of any such bonds, or their earlier retirement or  redemp-
tion,  for  the  sole  purpose  of authorizing the issuance of refunding
bonds to refund bonds previously issued pursuant thereto.
  S 17. Subdivision (c) of section 62 of chapter  165  of  the  laws  of
1991,  amending  the public health law and other laws relating to estab-
lishing payments for medical assistance, as amended  by  section  26  of
part D of chapter 59 of the laws of 2011, is amended to read as follows:
  (c)  section  364-j  of the social services law, as amended by section
eight of this act and subdivision 6  of  section  367-a  of  the  social
services  law as added by section twelve of this act shall expire and be
deemed repealed on March 31, [2015] 2019 and provided further, that  the
amendments to the provisions of section 364-j of the social services law
made  by  section  eight  of  this  act shall only apply to managed care
programs approved on or after the effective date of this act;
  S 18. Subdivision 3 of section 1680-j of the public  authorities  law,
as  amended by section 9 of part C of chapter 59 of the laws of 2011, is
amended to read as follows:
  3. Notwithstanding any law to the contrary,  and  in  accordance  with
section four of the state finance law, the comptroller is hereby author-
ized  and  directed  to  transfer from the health care reform act (HCRA)
resources fund (061) to the general fund, upon the request of the direc-
tor of the budget, up to $6,500,000 on or before March 31, 2006, and the
comptroller is further hereby authorized and directed to  transfer  from
the  healthcare  reform  act (HCRA); Resources fund (061) to the Capital
Projects Fund, upon the  request  of  the  director  of  budget,  up  to
$139,000,000  for the period April 1, 2006 through March 31, 2007, up to
$171,100,000 for the period April 1, 2007 through March 31, 2008, up  to
$208,100,000  for the period April 1, 2008 through March 31, 2009, up to
$151,600,000 for the period April 1, 2009 through March 31, 2010, up  to
$215,743,000  for the period April 1, 2010 through March 31, 2011, up to
$433,366,000 for the period April 1, 2011 through March 31, 2012, up  to
$150,806,000  for the period April 1, 2012 through March 31, 2013, up to
$78,071,000 for the period April 1, 2013 through March 31, 2014, and  up
to  $86,005,000 for the period April 1, 2014 through March 31, 2015, AND
UP TO $86,005,000 FOR THE PERIOD APRIL  1,  2015  THROUGH  DECEMBER  31,
2017.
  S  19.  Subdivision  (i) of section 111 of part H of chapter 59 of the
laws of 2011, relating to enacting into law major components  of  legis-
lation  necessary  to implement the health and mental hygiene budget for
the 2011-2012 state fiscal plan, is amended to read as follows:
  (i) the amendments to paragraph (b) and subparagraph (i) of  paragraph
(g)  of subdivision 7 of section 4403-f of the public health law made by
section forty-one-b of this act shall expire and be  repealed  April  1,
[2015] 2019;

S. 2007--B                         53                         A. 3007--B

  S  20.  Section  97  of  chapter 659 of the laws of 1997, amending the
public health law and other laws relating to creation of continuing care
retirement communities, as amended by section 65-b of part A of  chapter
57 of the laws of 2006, is amended to read as follows:
  S  97. This act shall take effect immediately, provided, however, that
the amendments to subdivision 4 of section 854 of the general  municipal
law  made by section seventy of this act shall not affect the expiration
of such subdivision and shall be deemed to expire therewith and provided
further that sections sixty-seven and  sixty-eight  of  this  act  shall
apply  to  taxable  years  beginning  on  or  after  January 1, 1998 and
provided further that sections eighty-one through eighty-seven  of  this
act  shall expire and be deemed repealed on December 31, [2015] 2019 and
provided further, however, that the amendments to section ninety of this
act shall take effect January 1, 1998 and shall apply to  all  policies,
contracts,  certificates,  riders or other evidences of coverage of long
term care insurance issued, renewed, altered  or  modified  pursuant  to
section 3229 of the insurance law on or after such date.
  S  21.   Paragraph (b) of subdivision 17 of section 2808 of the public
health law, as amended by section 98 of part H of chapter 59 of the laws
of 2011, is amended to read as follows:
  (b) Notwithstanding any inconsistent provision of law or regulation to
the contrary, for the state fiscal [year] YEARS beginning  April  first,
two  thousand  ten and ending March thirty-first, two thousand [fifteen]
NINETEEN, the commissioner shall not be  required  to  revise  certified
rates  of  payment established pursuant to this article for rate periods
prior to April first, two thousand [fifteen] NINETEEN, based on  consid-
eration  of  rate appeals filed by residential health care facilities or
based upon adjustments to capital cost  reimbursement  as  a  result  of
approval  by  the  commissioner of an application for construction under
section twenty-eight hundred two of this article, in excess of an aggre-
gate annual amount of eighty million dollars for each such state  fiscal
year  provided,  however,  that for the period April first, two thousand
eleven through March thirty-first, two thousand  twelve  such  aggregate
annual  amount  shall  be  fifty million dollars. In revising such rates
within such fiscal limit, the commissioner shall, in  prioritizing  such
rate appeals, include consideration of which facilities the commissioner
determines  are  facing  significant  financial hardship as well as such
other considerations as the commissioner deems appropriate and, further,
the commissioner is authorized to enter into agreements with such facil-
ities or any other facility to resolve  multiple  pending  rate  appeals
based  upon a negotiated aggregate amount and may offset such negotiated
aggregate amounts against any  amounts  owed  by  the  facility  to  the
department,  including,  but  not  limited  to, amounts owed pursuant to
section twenty-eight hundred seven-d of this article; provided, however,
that the commissioner's authority to negotiate such agreements resolving
multiple pending rate appeals as hereinbefore described  shall  continue
on and after April first, two thousand [fifteen] NINETEEN.  Rate adjust-
ments  made  pursuant to this paragraph remain fully subject to approval
by the director of the budget  in  accordance  with  the  provisions  of
subdivision two of section twenty-eight hundred seven of this article.
  S  22.   Paragraph (a) of subdivision 13 of section 3614 of the public
health law, as added by section 4 of part H of chapter 59 of the laws of
2011, is amended to read as follows:
  (a) Notwithstanding any inconsistent provision of  law  or  regulation
and  subject  to  the  availability  of federal financial participation,
effective April first, two thousand twelve through  March  thirty-first,

S. 2007--B                         54                         A. 3007--B

two  thousand  [fifteen]  NINETEEN,  payments by government agencies for
services provided by certified home health  agencies,  except  for  such
services  provided  to  children  under  eighteen years of age and other
discreet  groups  as  may  be determined by the commissioner pursuant to
regulations, shall be based on episodic payments. In  establishing  such
payments, a statewide base price shall be established for each sixty day
episode  of  care  and  adjusted  by a regional wage index factor and an
individual patient case mix index. Such episodic payments may be further
adjusted for low utilization cases and to reflect a  percentage  limita-
tion  of the cost for high-utilization cases that exceed outlier thresh-
olds of such payments.
  S 23.  Subdivision (a) of section 40 of part B of chapter 109  of  the
laws  of  2010, amending the social services law relating to transporta-
tion costs, is amended to read as follows:
  (a) sections two, three, three-a, three-b, three-c,  three-d,  three-e
and  twenty-one  of  this  act  shall take effect July 1, 2010; sections
fifteen, sixteen, seventeen, eighteen and nineteen  of  this  act  shall
take effect January 1, 2011; and provided further that section twenty of
this  act  shall  be deemed repealed [four] SIX years after the date the
contract entered into pursuant to section 365-h of the  social  services
law,  as  amended  by  section twenty of this act, is executed; provided
that the commissioner of health shall notify the legislative bill draft-
ing commission upon the execution of the contract entered into  pursuant
to section 367-h of the social services law in order that the commission
may  maintain an accurate and timely effective data base of the official
text of the laws of the state of New York in furtherance of effectuating
the provisions of section 44 of the legislative law and section 70-b  of
the public officers law;
  S  24.   Subdivision 4 of section 365-h of the social services law, as
added by section 20 of part B of chapter 109 of the  laws  of  2010,  is
amended to read as follows:
  4.  The  commissioner of health is authorized to assume responsibility
from a local social services official for the provision  and  reimburse-
ment  of  transportation  costs  under this section. If the commissioner
elects to assume such responsibility, the commissioner shall notify  the
local  social  services official in writing as to the election, the date
upon which the election shall be effective and such  information  as  to
transition  of  responsibilities  as the commissioner deems prudent. The
commissioner is authorized to contract with a transportation manager  or
managers  to manage transportation services in any local social services
district. Any transportation manager or managers selected by the commis-
sioner to manage transportation services shall have proven experience in
coordinating transportation services in  a  geographic  and  demographic
area  similar  to the area in New York state within which the contractor
would manage the provision  of  services  under  this  section.  Such  a
contract  or  contracts may include responsibility for: review, approval
and processing of transportation orders; management of  the  appropriate
level  of  transportation  based on documented patient medical need; and
development of new  technologies  leading  to  efficient  transportation
services.  If the commissioner elects to assume such responsibility from
a local social services district, the commissioner shall examine and, if
appropriate, adopt quality assurance measures that may include, but  are
not  limited  to,  global positioning tracking system reporting require-
ments and service verification mechanisms.  Any  and  all  reimbursement
rates  developed by transportation managers under this subdivision shall
be subject to the review and approval  of  the  commissioner.  [Notwith-

S. 2007--B                         55                         A. 3007--B

standing  any  inconsistent provision 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 other law, the commis-
sioner  is  authorized  to enter into a contract or contracts under this
subdivision without a competitive bid or request for  proposal  process,
provided, however, that:
  (a)  the department 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; and
  (c) 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 25. Intentionally omitted.
  S  26.  Section  2  of  chapter  459 of the laws of 1996, amending the
public health law relating to recertification of persons providing emer-
gency medical care, as amended by chapter 106 of the laws  of  2011,  is
amended to read as follows:
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed July 1, [2015] 2019.
  S 27. Section 4 of chapter 505 of  the  laws  of  1995,  amending  the
public  health  law  relating  to  the operation of department of health
facilities, as amended by section 29 of part A of chapter 59 of the laws
of 2011, is amended to read as follows:
  S 4. This act shall take effect immediately; provided,  however,  that
the provisions of paragraph (b) of subdivision 4 of section 409-c of the
public  health  law,  as  added by section three of this act, shall take
effect January 1, 1996 and shall expire and be deemed repealed  [twenty]
TWENTY-FOUR years from the effective date thereof.
  S  28.  Subdivision  (o) of section 111 of part H of chapter 59 of the
laws of 2011, amending the public health law relating to  the  statewide
health  information  network  of New York and the statewide planning and
research cooperative system and general powers and duties, is amended to
read as follows:
  (o) sections thirty-eight and thirty-eight-a of this act shall  expire
and be deemed repealed March 31, [2015] 2017;
  S 29. Section 4-a 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  relat-
ing  to  the  cap  on local Medicaid expenditures, is amended to read as
follows:
  S 4-a. Notwithstanding paragraph (c)  of  subdivision  10  of  section
2807-c  of the public health law, section 21 of chapter 1 of the laws of
1999, or any other contrary provision of law, in  determining  rates  of
payments  by state governmental agencies effective for services provided
on and after January 1, [2015] 2017 through March 31, [2015]  2017,  for
inpatient  and  outpatient  services  provided by general hospitals, for

S. 2007--B                         56                         A. 3007--B

inpatient  services  and  adult  day  health  care  outpatient  services
provided by residential health care facilities pursuant to article 28 of
the  public health law, except for residential health care facilities or
units  of such facilities providing services primarily to children under
twenty-one years of age, for home health care services provided pursuant
to article 36 of the public health law by certified  home  health  agen-
cies,  long  term home health care programs and AIDS home care programs,
and for personal care services provided pursuant to section 365-a of the
social services law, the commissioner of health shall apply  no  greater
than zero trend factors attributable to the [2015] 2017 calendar year in
accordance with paragraph (c) of subdivision 10 of section 2807-c of the
public  health  law,  provided,  however, that such no greater than zero
trend factors attributable to such [2015] 2017 calendar year shall  also
be  applied  to rates of payment provided on and after January 1, [2015]
2017 through March 31, [2015] 2017 for personal care  services  provided
in those local social services districts, including New York city, whose
rates  of payment for such services are established by such local social
services districts pursuant to a rate-setting exemption  issued  by  the
commissioner  of  health  to  such  local  social  services districts in
accordance with applicable regulations, and provided  further,  however,
that  for rates of payment for assisted living program services provided
on and after January 1, [2015] 2017 through March 31, [2015] 2017,  such
trend  factors  attributable  to  the [2015] 2017 calendar year shall be
established at no greater than zero percent.
  S 29-a. Notwithstanding paragraph (c) of  subdivision  10  of  section
2807-c  of the public health law, section 21 of chapter 1 of the laws of
1999, or any other contrary provision of law, in  determining  rates  of
payments  by state governmental agencies effective for services provided
on and after January 1, 2015,  for  inpatient  and  outpatient  services
provided  by  general  hospitals,  for  inpatient services and adult day
health care outpatient services  provided  by  residential  health  care
facilities  pursuant  to article 28 of the public health law, except for
residential health care facilities or units of such facilities providing
services primarily to children under twenty-one years of age,  for  home
health  care  services  provided  pursuant  to  article 36 of the public
health law by certified home health agencies, long term home health care
programs and AIDS home care programs, and  for  personal  care  services
provided  pursuant  to  section  365-a  of  the social services law, the
commissioner of health shall apply no greater than  zero  trend  factors
attributable to the 2015 and 2016 calendar year in accordance with para-
graph  (c) of subdivision 10 of section 2807-c of the public health law,
provided, however, that such no greater than zero trend factors  attrib-
utable  to  such  2015  and  2016 calendar year shall also be applied to
rates of payment provided on and after January 1, 2015 for personal care
services provided in those local social  services  districts,  including
New  York city, whose rates of payment for such services are established
by such local social  services  districts  pursuant  to  a  rate-setting
exemption  issued  by  the  commissioner  of health to such local social
services  districts  in  accordance  with  applicable  regulations,  and
provided further, however, that for rates of payment for assisted living
program  services  provided  on  and  after  January 1, 2015, such trend
factors attributable to the 2015 and 2016 calendar year shall be  estab-
lished at no greater than zero percent.
  S 30. 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

S. 2007--B                         57                         A. 3007--B

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 31. 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 32. 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 33. This act shall take effect immediately and shall  be  deemed  to
have  been in full force and effect on and after April 1, 2015 provided,
that:
  1. 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;
  2. 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;
  3. the commissioner of health and the superintendent of the department
of  financial  services  and  any appropriate council may take any steps
necessary to implement this act prior to its effective date; and
  4. 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 E

  Section  1.    Subdivision  5-d of section 2807-k of the public health
law, as added by section 1 of part C of chapter 56 of the laws of  2013,
is amended to read as follows:
  5-d.  (a)  Notwithstanding any inconsistent provision of this section,
section twenty-eight hundred  seven-w  of  this  article  or  any  other
contrary  provision  of  law, and subject to the availability of federal
financial participation, for periods on and  after  January  first,  two
thousand thirteen, through December thirty-first, two thousand [fifteen]
EIGHTEEN, all funds available for distribution pursuant to this section,
except  for  funds distributed pursuant to subparagraph (v) of paragraph
(b) of subdivision five-b of this section, and all funds  available  for
distribution  pursuant  to  section twenty-eight hundred seven-w of this
article, shall be reserved and set aside and distributed  in  accordance
with the provisions of this subdivision.
  (b)  The commissioner shall promulgate regulations, and may promulgate
emergency regulations, establishing methodologies for  the  distribution
of  funds  as  described  in  paragraph (a) of this subdivision and such
regulations shall include, but not be limited to, the following:

S. 2007--B                         58                         A. 3007--B

  (i) Such regulations shall  establish  methodologies  for  determining
each  facility's  relative uncompensated care need amount based on unin-
sured inpatient and outpatient units of service from the cost  reporting
year  two years prior to the distribution year, multiplied by the appli-
cable  medicaid  rates in effect January first of the distribution year,
as summed and adjusted by a statewide cost adjustment factor and reduced
by the  sum  of  all  payment  amounts  collected  from  such  uninsured
patients,  and  as  further  adjusted  by  application of a nominal need
computation that shall take into account each facility's medicaid  inpa-
tient share.
  (ii)  Annual  distributions  pursuant  to such regulations for the two
thousand thirteen through two thousand [fifteen] EIGHTEEN calendar years
shall be in accord with the following:
  (A) one hundred thirty-nine  million  four  hundred  thousand  dollars
shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
payments to major public general hospitals; and
  (B)  nine hundred ninety-four million nine hundred thousand dollars as
Medicaid DSH payments to eligible general hospitals,  other  than  major
public general hospitals.
  (iii)(A)  Such  regulations  shall establish transition adjustments to
the distributions made pursuant to clauses (A) and (B)  of  subparagraph
(ii)  of this paragraph such that no facility experiences a reduction in
indigent care pool payments pursuant to this subdivision that is greater
than the percentages, as specified in clause (C) of this subparagraph as
compared to the average distribution that each  such  facility  received
for  the three calendar years prior to two thousand thirteen pursuant to
this section and section twenty-eight hundred seven-w of this article.
  (B) Such regulations shall also  establish  adjustments  limiting  the
increases  in  indigent  care  pool  payments  experienced by facilities
pursuant to this subdivision by an amount that will be, as determined by
the commissioner and in conjunction with such other funding  as  may  be
available  for  this  purpose, sufficient to ensure full funding for the
transition adjustment payments authorized by clause (A) of this subpara-
graph.
  (C) No facility shall experience a reduction  in  indigent  care  pool
payments pursuant to this subdivision that: for the calendar year begin-
ning  January first, two thousand thirteen, is greater than two and one-
half percent; for the calendar year beginning January first,  two  thou-
sand  fourteen, is greater than five percent; and, for the calendar year
beginning on January first, two thousand fifteen, is greater than  seven
and  one-half  percent,  AND  FOR THE CALENDAR YEAR BEGINNING ON JANUARY
FIRST, TWO THOUSAND SIXTEEN, IS GREATER THAN TEN PERCENT;  AND  FOR  THE
CALENDAR  YEAR  BEGINNING  ON  JANUARY FIRST, TWO THOUSAND SEVENTEEN, IS
GREATER THAN TWELVE AND ONE-HALF PERCENT;  AND  FOR  THE  CALENDAR  YEAR
BEGINNING  ON  JANUARY  FIRST,  TWO  THOUSAND  EIGHTEEN, IS GREATER THAN
FIFTEEN PERCENT.
  (iv) Such regulations shall reserve one percent of the funds available
for distribution in the two thousand fourteen and two  thousand  fifteen
calendar  years,  AND  FOR  CALENDAR  YEARS THEREAFTER, pursuant to this
subdivision, subdivision  fourteen-f  of  section  twenty-eight  hundred
seven-c of this article, and sections two hundred eleven and two hundred
twelve  of  chapter  four  hundred  seventy-four of the laws of nineteen
hundred ninety-six, in a  "financial  assistance  compliance  pool"  and
shall establish methodologies for the distribution of such pool funds to
facilities  based  on  their  level  of compliance, as determined by the
commissioner, with the provisions of subdivision nine-a of this section.

S. 2007--B                         59                         A. 3007--B

  (c) The commissioner shall annually report to  the  governor  and  the
legislature  on the distribution of funds under this subdivision includ-
ing, but not limited to:
  (i) the impact on safety net providers, including community providers,
rural general hospitals and major public general hospitals;
  (ii)  the  provision  of  indigent care by units of services and funds
distributed by general hospitals; and
  (iii) the extent to which access to care has been enhanced.
  S 2. Notwithstanding any inconsistent provision of law, rule or  regu-
lation  to  the  contrary,  and  subject  to the availability of federal
financial participation pursuant to title  XIX  of  the  federal  social
security act, effective for periods on and after April 1, 2015, payments
pursuant  to  paragraph  (i)  of subdivision 35 of section 2807-c of the
public health law may be made as outpatient upper payment limit payments
for outpatient hospital services, not  to  exceed  an  amount  of  three
hundred thirty-nine million dollars annually between payments authorized
under  this  section  and  such  section of the public health law.  Such
payments shall be made as medical  assistance  payments  for  outpatient
services  pursuant  to  title 11 of article 5 of the social services law
for patients eligible for federal financial  participation  under  title
XIX  of  the federal social security act for general hospital outpatient
services and general hospital emergency room services issued pursuant to
paragraph (g) of subdivision 2 of section 2807 of the public health  law
to general hospitals, other than major public general hospitals, provid-
ing  emergency  room  services and including safety net hospitals, which
shall, for the purpose of this paragraph, be defined as having either: a
Medicaid share of total inpatient hospital discharges of at least  thir-
ty-five   percent,  including  both  fee-for-service  and  managed  care
discharges for acute and exempt services; or a Medicaid share  of  total
discharges  of  at  least thirty percent, including both fee-for-service
and managed care discharges for acute  and  exempt  services,  and  also
providing  obstetrical services.  Eligibility to receive such additional
payments shall be based on data from the period two years prior  to  the
rate year, as reported on the institutional cost report submitted to the
department  as  of  October  first  of  the prior rate year. No eligible
general hospital's annual payment amount pursuant to this section  shall
exceed  the  lower  of  the  sum of the annual amounts due that hospital
pursuant to section twenty-eight hundred  seven-k  and  section  twenty-
eight hundred seven-w of the public health law; or the hospital's facil-
ity  specific  projected disproportionate share hospital payment ceiling
established pursuant to federal law,  provided,  however,  that  payment
amounts  to  eligible  hospitals  in  excess of the lower of such sum or
payment ceiling shall be reallocated to eligible hospitals that  do  not
have excess payment amounts. Such reallocations shall be proportional to
each  such hospital's aggregate payment amount pursuant to paragraph (i)
of subdivision 35 of section 2807-c of the public health  law  and  this
section to the total of all payment amounts for such eligible hospitals.
Such  adjustment  payment  may  be  added to rates of payment or made as
aggregate payments to eligible general hospitals other than major public
general hospitals.  The distribution of such payments shall be  pursuant
to a methodology approved by the commissioner of health in regulation.
  S  3. 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

S. 2007--B                         60                         A. 3007--B

services  law  shall be deemed to include and also to mean any successor
titles thereto under the federal social security act.
  S  4. 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 5. 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 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 6. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2015; 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 rights, 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; and
  d. 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.

                                 PART F

                          Intentionally Omitted

                                 PART G

                          Intentionally Omitted

                                 PART H

                          Intentionally Omitted

                                 PART I

  Section 1. Subdivision 2-a of section 2781 of the public health law is
REPEALED.
  S  2.  The  criminal  procedure law is amended by adding a new section
60.47 to read as follows:

S. 2007--B                         61                         A. 3007--B

S 60.47 POSSESSION OF CONDOMS; RECEIPT INTO EVIDENCE.
  EVIDENCE  THAT  A  PERSON WAS IN POSSESSION OF ONE OR MORE CONDOMS MAY
NOT BE ADMITTED AT ANY TRIAL, HEARING, OR OTHER PROCEEDING IN  A  PROSE-
CUTION  FOR  SECTION  230.00  OR SECTION 240.37 OF THE PENAL LAW FOR THE
PURPOSE OF ESTABLISHING PROBABLE CAUSE FOR  AN  ARREST  OR  PROVING  ANY
PERSON'S COMMISSION OR ATTEMPTED COMMISSION OF SUCH OFFENSE.
  S 3. Section 220.45 of the penal law, as amended by chapter 284 of the
laws of 2010, is amended to read as follows:
S 220.45 Criminally possessing a hypodermic instrument.
  A  person  is  guilty of criminally possessing a hypodermic instrument
when he or she knowingly and unlawfully possesses or sells a  hypodermic
syringe  or  hypodermic  needle.  It  shall  not  be a violation of this
section when a person obtains and  possesses  a  hypodermic  syringe  or
hypodermic needle pursuant to section thirty-three hundred eighty-one of
the  public  health law, WHICH INCLUDES THE STATE'S SYRINGE EXCHANGE AND
PHARMACY AND MEDICAL PROVIDER-BASED EXPANDED SYRINGE ACCESS PROGRAMS.
  Criminally possessing a hypodermic instrument is a class  A  misdemea-
nor.
  S 4. Section 220.03 of the penal law, as amended by chapter 284 of the
laws  of  2010,  the  opening paragraph as amended by chapter 154 of the
laws of 2011, is amended to read as follows:
S 220.03 Criminal possession of a controlled substance  in  the  seventh
            degree.
  A person is guilty of criminal possession of a controlled substance in
the  seventh  degree when he or she knowingly and unlawfully possesses a
controlled  substance;  provided,  however,  that  it  shall  not  be  a
violation of this section when a person possesses a residual amount of a
controlled  substance  and that residual amount is in or on a hypodermic
syringe or hypodermic needle obtained and possessed pursuant to  section
thirty-three hundred eighty-one of the public health law, WHICH INCLUDES
THE  STATE'S  SYRINGE  EXCHANGE  AND PHARMACY AND MEDICAL PROVIDER-BASED
EXPANDED SYRINGE ACCESS PROGRAMS; nor shall it be a  violation  of  this
section when a person's unlawful possession of a controlled substance is
discovered  as  a  result of seeking immediate health care as defined in
paragraph (b) of subdivision three of section 220.78 of the  penal  law,
for either another person or him or herself because such person is expe-
riencing  a  drug  or alcohol overdose or other life threatening medical
emergency as defined in paragraph (a) of subdivision  three  of  section
220.78 of the penal law.
  Criminal possession of a controlled substance in the seventh degree is
a class A misdemeanor.
  S 5. Intentionally omitted.
  S 6. Intentionally omitted.
  S 7. Intentionally omitted.
  S 8. This act shall take effect immediately.

                                 PART J

                          Intentionally Omitted

                                 PART K

  Section 1. Intentionally omitted.
  S 2. Intentionally omitted.
  S 3. Intentionally omitted.

S. 2007--B                         62                         A. 3007--B

  S 4. Intentionally omitted.
  S 5. Intentionally omitted.
  S 6. Intentionally omitted.
  S  7.  Subdivision  1  of  section  2806-a of the public health law is
amended by adding a new paragraph (g) to read as follows:
  (G) "IMPROPER DELEGATION OF  MANAGEMENT  AUTHORITY  BY  THE  GOVERNING
AUTHORITY  OR  OPERATOR" OF A GENERAL HOSPITAL SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE DELEGATION TO AN ENTITY THAT HAS NOT BEEN ESTABLISHED AS
AN OPERATOR OF THE GENERAL HOSPITAL OF (I) AUTHORITY TO HIRE OR FIRE THE
ADMINISTRATOR OR OTHER KEY MANAGEMENT EMPLOYEES;  (II)  MAINTENANCE  AND
CONTROL  OF  THE BOOKS AND RECORDS; (III) AUTHORITY OVER THE DISPOSITION
OF ASSETS AND THE INCURRING OF LIABILITIES ON BEHALF  OF  THE  FACILITY;
AND  (IV)  THE ADOPTION AND ENFORCEMENT OF POLICIES REGARDING THE OPERA-
TION OF THE FACILITY. THE CRITERIA SET FORTH IN THIS PARAGRAPH SHALL NOT
BE THE SOLE DETERMINING FACTORS, BUT INDICATORS TO  BE  CONSIDERED  WITH
SUCH  OTHER  FACTORS  THAT  MAY  BE  PERTINENT  IN PARTICULAR INSTANCES.
PROFESSIONAL EXPERTISE SHALL BE EXERCISED  IN  THE  UTILIZATION  OF  THE
CRITERIA.  ALL  OF  THE  LISTED  INDICIA  NEED NOT BE PRESENT IN A GIVEN
INSTANCE FOR THERE TO BE AN IMPROPER DELEGATION OF AUTHORITY.
  S 8. Paragraph (a) of subdivision 2 of section 2806-a  of  the  public
health  law,  as added by section 50 of part E of chapter 56 of the laws
of 2013, is amended to read as follows:
  (a) In the event that: (i) a facility  seeks  extraordinary  financial
assistance  and the commissioner finds that the facility is experiencing
serious financial instability that is jeopardizing existing or continued
access to essential services within the community, or (ii)  the  commis-
sioner finds that there are conditions within the facility that serious-
ly  endanger  the  life,  health or safety of residents or patients, the
commissioner may appoint a temporary operator to assume sole control and
sole responsibility for the operations of that facility,  OR  (III)  THE
COMMISSIONER FINDS THAT THERE HAS BEEN AN IMPROPER DELEGATION OF MANAGE-
MENT  AUTHORITY  BY  THE  GOVERNING  AUTHORITY  OR OPERATOR OF A GENERAL
HOSPITAL, THE COMMISSIONER SHALL APPOINT A TEMPORARY OPERATOR TO  ASSUME
SOLE  CONTROL  AND  SOLE  RESPONSIBILITY  FOR  THE  OPERATIONS  OF  THAT
FACILITY. The appointment of the temporary operator shall be effectuated
pursuant to this section and shall be in addition to any other  remedies
provided by law.
  S  9.  Subparagraph (iii) of paragraph (c) of subdivision 5 of section
2806-a of the public health law, as added by section 50  of  part  E  of
chapter 56 of the laws of 2013, is amended to read as follows:
  (iii)  recommended  actions  for the ongoing operation of the facility
subsequent to the term of the temporary operator  INCLUDING  RECOMMENDA-
TIONS REGARDING THE PROPER MANAGEMENT OF THE FACILITY AND ONGOING AGREE-
MENTS  WITH INDIVIDUALS OR ENTITIES WITH PROPER DELEGATION OF MANAGEMENT
AUTHORITY; and
  S 10. Subdivision 4 of section 2801-a of  the  public  health  law  is
amended by adding a new paragraph (i) to read as follows:
  (I)  UPON RECOMMENDATION BY THE COMMISSIONER, IF THE PUBLIC HEALTH AND
HEALTH PLANNING COUNCIL FINDS BY SUBSTANTIAL EVIDENCE THAT  AN  IMPROPER
DELEGATION  OF MANAGEMENT AUTHORITY BY A GOVERNING AUTHORITY OR OPERATOR
OF A GENERAL HOSPITAL HAS OCCURRED AS DEFINED BY PARAGRAPH (G) OF SUBDI-
VISION ONE OF SECTION TWENTY-EIGHT HUNDRED SIX-A OF  THIS  ARTICLE,  THE
ESTABLISHMENT  APPROVAL  OF SUCH HOSPITAL SHALL BE SUBJECT TO REVOCATION
OR SUSPENSION.
  S 11. This act shall take effect immediately; provided, however,  that
the  amendments  to  section  2806-a  of  the public health law, made by

S. 2007--B                         63                         A. 3007--B

sections seven, eight and nine of this act, shall not affect the expira-
tion and repeal of such section, and shall be deemed repealed therewith.

                                 PART L

  Section  1.  Paragraph  (b)  of  subdivision 1 of section 230-d of the
public health law, as added by chapter 365  of  the  laws  of  2007,  is
amended to read as follows:
  (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 FOR REASONS RELATED TO THE
OFFICE-BASED SURGERY ENCOUNTER; (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.
  S  2.  Subdivision  4  of  section  230-d of the public health law, as
amended by chapter 477 of the laws  of  2008,  is  amended  to  read  as
follows:
  4.  (A)  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  prac-
tices  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 trans-
mission 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.
  (B)  THE  DEPARTMENT  MAY  ALSO REQUIRE LICENSEES TO REPORT ADDITIONAL
DATA SUCH AS PROCEDURAL INFORMATION AS NEEDED FOR THE INTERPRETATION  OF
ADVERSE EVENTS.
  (C)  The  DATA reported [data] UNDER THIS SUBDIVISION shall be subject
to  all  confidentiality  provisions  provided  by  section  twenty-nine
hundred ninety-eight-e of this chapter.
  S 3. The section heading and subdivisions 1 and 2 of section 2998-e of
the  public health law, as added by chapter 365 of the laws of 2007, are
amended to read as follows:
  Reporting [of adverse events] in office based surgery.  1. The commis-
sioner [shall] MAY  enter  into  agreements  with  accrediting  agencies
[pursuant]  to  [which  the  accrediting  agencies  shall]  REQUIRE  ALL
OFFICE-BASED SURGICAL PRACTICES TO CONDUCT QUALITY IMPROVEMENT AND QUAL-
ITY ASSURANCE ACTIVITIES AND UTILIZE  CERTIFICATION  BY  AN  APPROPRIATE
CERTIFYING  ORGANIZATION, HOSPITAL PRIVILEGING OR OTHER EQUIVALENT METH-
ODS TO DETERMINE COMPETENCY OF  PRACTITIONERS  TO  PERFORM  OFFICE-BASED
SURGERY,  CARRY  OUT  SURVEYS  OR  COMPLAINT/INCIDENT INVESTIGATIONS 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 practices accredited by the  accrediting  agencies
to the department. The department may disclose reports of aggregate data
to the public.
  2.  The  information required to be collected, maintained and reported
directly to the department AND THE ACCREDITING AGENCIES  AND  MAINTAINED
BY OFFICE-BASED SURGERY PRACTICES UNDER ADVERSE EVENT REPORTING, QUALITY
IMPROVEMENT  AND  QUALITY  ASSURANCE  ACTIVITIES pursuant to section two
hundred thirty-d of this chapter shall be kept  confidential  and  shall
not  be  released,  except  to  the department and except as required or

S. 2007--B                         64                         A. 3007--B

permitted under subdivision nine-a and subparagraph (v) of paragraph (a)
of subdivision ten of  section  two  hundred  thirty  of  this  chapter.
Notwithstanding  any  other provision of law, none of [such information]
THE  INFORMATION COLLECTED, MAINTAINED AND REPORTED TO THE DEPARTMENT OR
THE ACCREDITING AGENCIES, AND MAINTAINED  BY  THE  OFFICE-BASED  SURGERY
PRACTICES UNDER ADVERSE EVENT REPORTING, QUALITY IMPROVEMENT AND QUALITY
ASSURANCE  ACTIVITIES  PURSUANT  TO  THIS  SECTION  shall  be subject to
disclosure under article six of the public officers law or article thir-
ty-one of the civil practice law and rules.
  S 4. This act shall take effect one year after it shall have become  a
law.

                                 PART M

  Section 1. Subdivisions 1 and 2 of section 1100-a of the public health
law,  as  added  by chapter 258 of the laws of 1996, are amended and two
new subdivisions 3 and 4 are added to read as follows:
  1. Notwithstanding any contrary provision of law, rule, regulation  or
code,  any county, city, town or village that owns both its public water
system and the water supply for such system may  by  local  law  provide
whether a fluoride compound shall [or shall not] be added to such public
water supply.
  2.  Any  county, wherein a public authority owns both its public water
system and the water supply for such system, may by  local  law  provide
whether a fluoride compound shall [or shall not] be added to such public
water supply.
  3.  NO  COUNTY,  CITY,  TOWN  OR VILLAGE, INCLUDING A COUNTY WHEREIN A
PUBLIC AUTHORITY OWNS BOTH ITS PUBLIC WATER SYSTEM AND THE WATER  SUPPLY
FOR  SUCH  SYSTEM,  THAT  FLUORIDATES  A PUBLIC WATER SUPPLY OR CAUSES A
PUBLIC WATER SUPPLY TO BE FLUORIDATED, SHALL DISCONTINUE THE ADDITION OF
A FLUORIDE COMPOUND TO SUCH PUBLIC WATER  SUPPLY  UNLESS  IT  HAS  FIRST
COMPLIED WITH THE FOLLOWING REQUIREMENTS:
  (A)  ISSUE  A NOTICE TO THE PUBLIC OF THE PRELIMINARY DETERMINATION TO
DISCONTINUE FLUORIDATION FOR COMMENT, WHICH SHALL INCLUDE THE JUSTIFICA-
TION FOR  THE  PROPOSED  DISCONTINUANCE,  ALTERNATIVES  TO  FLUORIDATION
AVAILABLE,  AND A SUMMARY OF CONSULTATIONS WITH HEALTH PROFESSIONALS AND
THE DEPARTMENT CONCERNING THE PROPOSED DISCONTINUANCE.  SUCH NOTICE MAY,
BUT IS  NOT  REQUIRED  TO,  INCLUDE  PUBLICATION  IN  LOCAL  NEWSPAPERS.
"CONSULTATIONS  WITH HEALTH PROFESSIONALS" MAY INCLUDE FORMAL STUDIES BY
HIRED PROFESSIONALS, INFORMAL CONSULTATIONS  WITH  LOCAL  PUBLIC  HEALTH
OFFICIALS   OR  OTHER  HEALTH  PROFESSIONALS,  OR  OTHER  CONSULTATIONS,
PROVIDED THAT THE NATURE OF SUCH CONSULTATIONS AND THE IDENTITY OF  SUCH
PROFESSIONALS SHALL BE IDENTIFIED IN THE PUBLIC NOTICE. "ALTERNATIVES TO
FLUORIDATION"  MAY  INCLUDE  FORMAL  ALTERNATIVES  PROVIDED BY OR AT THE
EXPENSE OF THE COUNTY, CITY, TOWN  OR  VILLAGE,  OR  OTHER  ALTERNATIVES
AVAILABLE  TO  THE  PUBLIC.  ANY PUBLIC COMMENTS RECEIVED IN RESPONSE TO
SUCH NOTICE SHALL BE ADDRESSED BY THE COUNTY, CITY, TOWN OR  VILLAGE  IN
THE ORDINARY COURSE OF BUSINESS; AND
  (B)  PROVIDE  THE DEPARTMENT AT LEAST NINETY DAYS PRIOR WRITTEN NOTICE
OF THE INTENT TO DISCONTINUE AND SUBMIT A PLAN FOR  DISCONTINUANCE  THAT
INCLUDES  BUT  IS NOT LIMITED TO THE NOTICE THAT WILL BE PROVIDED TO THE
PUBLIC, CONSISTENT WITH PARAGRAPH (A) OF THIS SUBDIVISION, OF THE DETER-
MINATION TO DISCONTINUE FLUORIDATION OF THE WATER SUPPLY, INCLUDING  THE
DATE  OF  SUCH  DISCONTINUANCE AND ALTERNATIVES TO FLUORIDATION, IF ANY,
THAT WILL BE MADE AVAILABLE IN THE COMMUNITY, AND THAT INCLUDES INFORMA-
TION AS MAY BE REQUIRED UNDER THE SANITARY CODE.

S. 2007--B                         65                         A. 3007--B

  4. THE COMMISSIONER IS HEREBY AUTHORIZED, WITHIN AMOUNTS  APPROPRIATED
THEREFOR, TO MAKE GRANTS TO COUNTIES, CITIES, TOWNS OR VILLAGES THAT OWN
THEIR  PUBLIC WATER SYSTEM AND THE WATER SUPPLY FOR SUCH SYSTEM, INCLUD-
ING A COUNTY WHEREIN A PUBLIC  AUTHORITY  OWNS  BOTH  ITS  PUBLIC  WATER
SYSTEM  AND THE WATER SUPPLY FOR SUCH SYSTEM, FOR THE PURPOSE OF PROVID-
ING ASSISTANCE TOWARDS THE COSTS  OF  INSTALLATION,  INCLUDING  BUT  NOT
LIMITED  TO TECHNICAL AND ADMINISTRATIVE COSTS ASSOCIATED WITH PLANNING,
DESIGN AND CONSTRUCTION,  AND  START-UP  OF  FLUORIDATION  SYSTEMS,  AND
REPLACING,  REPAIRING  OR  UPGRADING  OF FLUORIDATION EQUIPMENT FOR SUCH
PUBLIC WATER SYSTEMS. GRANT FUNDING SHALL NOT BE AVAILABLE  FOR  ASSIST-
ANCE  TOWARDS  THE  COSTS  AND EXPENSES OF OPERATION OF THE FLUORIDATION
SYSTEM, AS DETERMINED BY THE DEPARTMENT. THE  GRANT  APPLICATIONS  SHALL
INCLUDE  SUCH INFORMATION AS REQUIRED BY THE COMMISSIONER. IN MAKING THE
GRANT AWARDS, THE COMMISSIONER SHALL CONSIDER THE DEMONSTRATED NEED  FOR
INSTALLATION  OF  NEW  FLUORIDATION EQUIPMENT OR REPLACING, REPAIRING OR
UPGRADING OF EXISTING FLUORIDATION EQUIPMENT, AND SUCH OTHER CRITERIA AS
DETERMINED BY THE COMMISSIONER.  GRANT AWARDS SHALL BE MADE ON A COMPET-
ITIVE BASIS AND BE SUBJECT TO SUCH CONDITIONS AS MAY  BE  DETERMINED  BY
THE COMMISSIONER.
  S 2. This act shall take effect immediately.

                                 PART N

  Section  1.  Purpose.  The purpose of this act is to seek public input
about the creation of an office of community living  with  the  goal  of
providing improvements in service delivery and improved program outcomes
that  would  result  from  the expansion of community living integration
services for older adults and persons of all ages with disabilities.
  S 2. Data and information collection. (1) The director  of  the  state
office  for  the aging, in collaboration with other state agencies, will
consult with stakeholders, providers, individuals and their families  to
gather  data  and information on the creation of an office for community
living. Areas of focus shall include, but not be limited to,  furthering
the  goals  of  the governor's Olmstead plan, strengthening the No Wrong
Door approach to accessing information and services, reinforcing  initi-
atives  of  the  Balancing  Incentive Program, creating opportunities to
better leverage  resources,  evaluating  methods  for  service  delivery
improvements, and analyzing the fiscal impact of creating such an office
on  services, individuals and providers.  The state office for the aging
shall also examine recent federal  initiatives  to  create  an  adminis-
tration on community living; and examine other states' efforts to expand
services  supporting  community  living  integration,  and  local and/or
regional coordination efforts within New York.
  (2) In order to ensure meaningful public input and  comment  regarding
the  activities  of  subdivision  one  of this section, there shall be a
series of public meetings held across the  state,  organized  to  ensure
that  stakeholders  in all regions of the state are afforded an opportu-
nity to comment.
  S 3. Reporting. The director of the state office for the  aging  shall
submit to the governor, and to the temporary president of the senate and
the  speaker  of  the assembly, a report and recommendations by December
15, 2015, that outlines the results and  findings  associated  with  the
aforementioned  collection  of  data  and solicitation of feedback. Such
report shall include, but not be limited to, the director's  assessment,
after  taking  into  consideration  input from all stakeholders, whether
establishment of such an office would be beneficial to  the  populations

S. 2007--B                         66                         A. 3007--B

served  and  the state as a whole, the information gathered to make such
assessment, an analysis of all information  gathered,  all  alternatives
considered, the impact and effect any proposed change may have on exist-
ing  programs  and services, and an assessment of related fiscal impacts
on localities, the  state  and  non-governmental  entities  serving  the
elderly and disabled communities in each of the respective communities.
  S 4. This act shall take effect immediately.

                                 PART O

                          Intentionally Omitted

                                 PART P

                          Intentionally Omitted

                                 PART Q

                          Intentionally Omitted

                                 PART R

                          Intentionally Omitted

                                 PART S

                          Intentionally Omitted

                                 PART T

                          Intentionally Omitted

                                 PART U

                          Intentionally Omitted

                                 PART V

  Section  1.  Subparagraph  (iv)  of  paragraph (a) of subdivision 3 of
section 3309 of the public health law, as added by  chapter  42  of  the
laws of 2014, is amended to read as follows:
  (iv)  "Opioid  antagonist  recipient" or "recipient" means a person at
risk of experiencing an opioid-related overdose,  or  a  family  member,
friend  or other person in a position to assist a person experiencing or
at risk of experiencing an opioid-related overdose, or  an  organization
registered  as  an  opioid  overdose prevention program pursuant to this
section OR A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES,
COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD,  CHARTER   SCHOOL,

S. 2007--B                         67                         A. 3007--B

NON-PUBLIC  ELEMENTARY  AND/OR  SECONDARY  SCHOOL  IN  THIS STATE OR ANY
PERSON EMPLOYED BY SUCH DISTRICT, BOARD OR SCHOOL.
  S  2.  Subdivision  4  of  section  3309  of the public health law, as
amended by chapter 42 of the  laws  of  2014,  is  amended  to  read  as
follows:
  4.  Use  of  an  opioid  antagonist  pursuant to this section shall be
considered first aid or emergency treatment for the purpose of any stat-
ute relating to liability.
  A recipient [or], opioid overdose prevention program, SCHOOL DISTRICT,
BOARD OF COOPERATIVE EDUCATIONAL SERVICES, COUNTY  VOCATIONAL  EDUCATION
AND EXTENSION BOARD, CHARTER SCHOOL, NON-PUBLIC ELEMENTARY SCHOOL AND/OR
SECONDARY  SCHOOL IN THE STATE, OR ANY PERSON EMPLOYED BY SUCH DISTRICT,
BOARD OR SCHOOL under this section, acting reasonably and in good  faith
in compliance with this section, shall not be subject to criminal, civil
or administrative liability solely by reason of such action.
  S  3. Subdivision 3 of section 3309 of the public health law, as added
by chapter 34 of the laws of 2014, is renumbered subdivision 3-a.
  S 4. The education law is amended by adding a new section 922 to  read
as follows:
  S  922.  OPIOID  OVERDOSE  PREVENTION.  1. SCHOOL DISTRICTS, BOARDS OF
COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION AND EXTEN-
SION BOARDS, CHARTER SCHOOLS, AND NON-PUBLIC  ELEMENTARY  AND  SECONDARY
SCHOOLS  IN THIS STATE MAY PROVIDE AND MAINTAIN ON-SITE IN EACH INSTRUC-
TIONAL SCHOOL FACILITY OPIOID ANTAGONISTS, AS DEFINED IN  SECTION  THREE
THOUSAND  THREE HUNDRED NINE OF THE PUBLIC HEALTH LAW, IN QUANTITIES AND
TYPES DEEMED BY THE COMMISSIONER, IN CONSULTATION WITH THE  COMMISSIONER
OF HEALTH, TO BE ADEQUATE TO ENSURE READY AND APPROPRIATE ACCESS FOR USE
DURING  EMERGENCIES  TO  ANY STUDENT OR STAFF SUSPECTED OF HAVING OPIOID
OVERDOSE WHETHER OR NOT THERE IS A PREVIOUS HISTORY OF OPIOID ABUSE.
  2. SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, COUN-
TY VOCATIONAL EDUCATION AND EXTENSION BOARDS, CHARTER SCHOOLS, AND  NON-
PUBLIC  ELEMENTARY  AND  SECONDARY  SCHOOLS  IN  THIS STATE MAY ELECT TO
PARTICIPATE AS AN OPIOID ANTAGONIST RECIPIENT AND ANY PERSON EMPLOYED BY
ANY SUCH ENTITY THAT HAS ELECTED TO PARTICIPATE MAY ADMINISTER AN OPIOID
ANTAGONIST IN THE EVENT OF AN EMERGENCY, PROVIDED THAT SUCH PERSON SHALL
HAVE BEEN TRAINED BY A PROGRAM APPROVED  UNDER  SECTION  THREE  THOUSAND
THREE  HUNDRED NINE OF THE PUBLIC HEALTH LAW. ANY SCHOOL DISTRICT, BOARD
OF COOPERATIVE EDUCATIONAL SERVICES,  COUNTY  VOCATIONAL  EDUCATION  AND
EXTENSION BOARD, CHARTER SCHOOL, AND NON-PUBLIC ELEMENTARY AND SECONDARY
SCHOOL  THAT HAS EMPLOYEES TRAINED IN ACCORDANCE WITH THIS SECTION SHALL
COMPLY WITH THE REQUIREMENTS OF SECTION  THREE  THOUSAND  THREE  HUNDRED
NINE OF THE PUBLIC HEALTH LAW INCLUDING, BUT NOT LIMITED TO, APPROPRIATE
CLINICAL  OVERSIGHT,  RECORD  KEEPING  AND REPORTING. NO PERSON SHALL BE
REQUIRED TO PARTICIPATE IN THE PROGRAM AND ANY PARTICIPATION BY AN INDI-
VIDUAL SHALL BE VOLUNTARY.
  S 5. Subdivision 4 of section 6909 of the education law is amended  by
adding a new paragraph (f) to read as follows:
  (F)  THE  URGENT  OR EMERGENCY TREATMENT OF OPIOID RELATED OVERDOSE OR
SUSPECTED OPIOID RELATED OVERDOSE.
  S 6. Subdivision 6 of section 6527 of the education law is amended  by
adding a new paragraph (f) to read as follows:
  (F)  THE  URGENT  OR EMERGENCY TREATMENT OF OPIOID RELATED OVERDOSE OR
SUSPECTED OPIOID RELATED OVERDOSE.
  S 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided  that  any  rules  and  regulations
necessary  to implement the provisions of this act on its effective date

S. 2007--B                         68                         A. 3007--B

are authorized and directed to be promulgated, repealed, and/or  amended
by such effective date.

                                 PART W

  Section  1.  Subdivision 2 of section 2807-y of the public health law,
as added by section 67 of part B of chapter 58 of the laws of  2005,  is
amended to read as follows:
  2.  In  the event contracts with the article forty-three insurance law
plans or other commissioner's designees are effectuated, the commission-
er shall conduct annual audits of the receipt and  distribution  of  the
funds  AND  BEGINNING  JANUARY FIRST, TWO THOUSAND SIXTEEN SHALL PROVIDE
RECORDS OF ALL REVENUES AND  DISBURSEMENTS  MADE  FROM  ALLOCATIONS  AND
ASSESSMENTS  LISTED  IN SUBDIVISION ONE OF THIS SECTION TO THE TEMPORARY
PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY ON AN ANNUAL BASIS.
  S 2.  HCRA modernization task force: the commissioner of health  shall
convene  a task force to evaluate and make recommendations regarding the
efficacy and transparency of the Health Care Reform Act  resources  fund
(HCRA  fund) and to evaluate and modernize the provisions of law related
to the Health Care Reform Acts of 1996 and 2000 (HCRA). The  task  force
shall  consist  of  the  commissioner of health, or his or her designee,
employees of the department of health  with  expertise  in  health  care
financing,  the director of the division of budget, or his or her desig-
nee, an individual to be appointed by the  temporary  president  of  the
senate,  an  individual  to be appointed by the speaker of the assembly,
and stakeholders impacted by charges and disbursements of HCRA  and  the
HCRA  fund,  including,  but  not  limited to: representatives of health
plans, consumers, managed care plans, hospitals, health care practition-
ers, and other health care providers. The commissioner of health, or his
or her designee, shall chair the task force. The HCRA pool administrator
shall provide material support to the task force and  submit  documenta-
tion  and  analysis  necessary  for  deliberations  by  such task force,
including, but not limited to, an accounting of revenues  collected  and
disbursements  made through HCRA and the HCRA fund. The task force shall
consider and evaluate: the purposes for which the HCRA fund  was  estab-
lished and whether such purposes may be continually served by such fund;
the  impact  that  any  reduction  or recalculation of indigent care and
disproportionate share payments pursuant to federal law may have on  the
HCRA fund, and the cost that such reductions or recalculations will have
to the state; the extent to which provisions of law in the HCRA statutes
have  become  obsolete;  the  extent to which the Balanced Budget Act of
1997, Public Health Law 105-33, mandates a particular form of charges or
assessments under HCRA and the impact any proposed change would have  on
the protections by such law; and any other purpose that would contribute
to  the  streamlining  and  modernization of HCRA and the HCRA fund. The
task force shall convene no later than June 30,  2015.  The  task  force
shall  report to the governor, the temporary president of the senate and
the speaker of the assembly its considerations, evaluations,  and  find-
ings and make recommendations of changes to any rule, regulation, law or
practice  necessary  to effectuate its conclusions. Such report shall be
submitted no later than December 31, 2015, at which time such task force
shall be disbanded and its work completed.
  S 3. Intentionally omitted.
  S 4.  Paragraph (d) of subdivision 5-a of section 2807-m of the public
health law is amended by adding three new subparagraphs  (iv),  (v)  and
(vi) to read as follows:

S. 2007--B                         69                         A. 3007--B

  (IV)  IN ADDITION TO THE FUNDS ALLOCATED UNDER THIS PARAGRAPH, FOR THE
PERIOD APRIL FIRST, TWO THOUSAND FIFTEEN THROUGH MARCH THIRTY-FIRST, TWO
THOUSAND SIXTEEN,  TWO  MILLION  DOLLARS  SHALL  BE  AVAILABLE  FOR  THE
PURPOSES DESCRIBED IN SUBDIVISION TEN OF THIS SECTION;
  (V)  IN  ADDITION TO THE FUNDS ALLOCATED UNDER THIS PARAGRAPH, FOR THE
PERIOD APRIL FIRST, TWO THOUSAND SIXTEEN THROUGH MARCH THIRTY-FIRST, TWO
THOUSAND SEVENTEEN, TWO MILLION  DOLLARS  SHALL  BE  AVAILABLE  FOR  THE
PURPOSES DESCRIBED IN SUBDIVISION TEN OF THIS SECTION;
  (VI) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AND SUBJECT
TO THE EXTENSION OF THE HEALTH CARE REFORM ACT OF 1996, SUFFICIENT FUNDS
SHALL BE AVAILABLE FOR THE PURPOSES DESCRIBED IN SUBDIVISION TEN OF THIS
SECTION  IN AMOUNTS NECESSARY TO FUND THE REMAINING YEAR COMMITMENTS FOR
AWARDS MADE PURSUANT TO SUBPARAGRAPHS (IV) AND (V) OF THIS PARAGRAPH.
  S 5. Intentionally omitted.
  S 6. Intentionally omitted.
  S 7. Intentionally omitted.
  S 8. This act shall take effect immediately.

                                 PART X

  Section 1. Section 1325 of the insurance law, as added by chapter  489
of the laws of 2012, is amended to read as follows:
  S  1325.  Exemption.  For  the purposes of exempting certain insurance
companies from the provisions of  section  one  thousand  three  hundred
twenty-four  of  this  article, the superintendent shall exempt, through
December thirty-first, two thousand [sixteen] NINETEEN, those stock  and
non-stock insurance companies to which subparagraph (B) of paragraph two
of subsection (b) of such section applies.
  S  2.  Subsection (c) of section 2343 of the insurance law, as amended
by chapter 489 of the laws of 2012, is amended to read as follows:
  (c) Notwithstanding any other provision of this chapter,  no  applica-
tion for an order of rehabilitation or liquidation of a domestic insurer
whose  primary liability arises from the business of medical malpractice
insurance, as that term is defined in subsection  (b)  of  section  five
thousand  five hundred one of this chapter, shall be made on the grounds
specified in subsection (a)  or  (c)  of  section  seven  thousand  four
hundred  two of this chapter at any time prior to December thirty-first,
two thousand [sixteen] NINETEEN.
  S 3. This act shall take effect immediately.

                                 PART Y

  Section 1. 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  18 of part B of chapter 60 of the laws of 2014, is
amended to read as follows:
  (a) The superintendent  of  [insurance]  FINANCIAL  SERVICES  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 cover-
age, as authorized 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  actually  writing  medical  malpractice insurance in this
state; or shall purchase equivalent excess coverage in a form previously

S. 2007--B                         70                         A. 3007--B

approved by the superintendent of  [insurance]  FINANCIAL  SERVICES  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, between July  1,  2013
and  June  30,  2014,  [and] between July 1, 2014 and June 30, 2015, AND
BETWEEN JULY 1, 2015 AND JUNE 30, 2016 or reimburse the  hospital  where
the hospital purchases equivalent excess coverage as defined in subpara-
graph  (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, between July 1, 2013 and June 30, 2014, [and]
between  July  1,  2014  and June 30, 2015, AND BETWEEN JULY 1, 2015 AND
JUNE 30, 2016 for physicians or dentists certified as eligible 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 policy 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  ("channeling")
program previously permitted by the superintendent of [insurance] FINAN-
CIAL SERVICES during the period of such excess coverage for such  occur-
rences.    During  such  period, such policy for excess coverage or such

S. 2007--B                         71                         A. 3007--B

equivalent excess 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  malprac-
tice  insurance coverage provided pursuant to this act, exceeds the rate
of nine percent per annum, then the required level of  primary  malprac-
tice insurance coverage in excess of one million dollars for each claim-
ant  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  insur-
ance  coverage,  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  2.  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 19
of part B of chapter 60 of the laws of  2014,  is  amended  to  read  as
follows:
  (3)(a)  The  superintendent  of  [insurance]  FINANCIAL SERVICES 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  occurrences 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, AND BETWEEN JULY 1, 2015 AND  JUNE  30,  2016
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] FINANCIAL SERVICES shall  deter-
mine  and  certify  to  each general hospital and to the commissioner of
health the cost of excess malpractice  insurance  or  equivalent  excess

S. 2007--B                         72                         A. 3007--B

coverage  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, between July 1, 2013 and June
30, 2014, [and] between July 1, 2014 and June 30, 2015, AND BETWEEN JULY
1, 2015 AND JUNE 30, 2016 allocable to each general hospital for  physi-
cians  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]  FINANCIAL  SERVICES  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,  to  the
period  July 1, 2013 and June 30, 2014, [and] to the period July 1, 2014
and June 30, 2015, AND TO THE PERIOD JULY 1, 2015 AND JUNE 30, 2016.
  S 3. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 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

S. 2007--B                         73                         A. 3007--B

medical conduct, as amended by section 20 of part B of chapter 60 of the
laws of 2014, 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, during the
period July 1, 2013 to June 30, 2014, [and] during the  period  July  1,
2014  to  June 30, 2015, AND DURING THE PERIOD JULY 1, 2015 AND JUNE 30,
2016 allocated or reallocated in accordance with paragraph (a) of subdi-
vision 4-a of this section to  rates  of  payment  applicable  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 cover-
age 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,  OR  COVERING  THE PERIOD JULY 1, 2015 TO JUNE 30, 2016
shall notify a covered physician or  dentist  by  mail,  mailed  to  the
address  shown  on the last application for excess insurance coverage or

S. 2007--B                         74                         A. 3007--B

equivalent excess coverage, of the amount due to such provider from such
physician or dentist for such coverage period determined  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] FINANCIAL SERVICES.
  (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, OR COVERING THE PERIOD JULY 1, 2015 TO JUNE 30, 2016 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] FINANCIAL SERVICES 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]  FINANCIAL
SERVICES and the commissioner of health or their designee of each physi-
cian and dentist eligible 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  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 peri-
od 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 peri-
od 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

S. 2007--B                         75                         A. 3007--B

covering the period July 1, 2010 to June 30, 2011, or covering the peri-
od 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, OR COVERING THE PERI-
OD  JULY 1, 2015 TO JUNE 30, 2016 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, AND TO THE PERIOD JULY 1,
2015 TO JUNE 30, 2016 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 covering 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 cover-
ing 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 covering 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  cover-
ing  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, AND COVERING  THE
PERIOD  JULY  1,  2015 TO JUNE 30, 2016 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 4. 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  21  of  part  B  of
chapter 60 of the laws of 2014, is amended to read as follows:

S. 2007--B                         76                         A. 3007--B

  S  40.  The  superintendent  of  [insurance]  FINANCIAL SERVICES shall
establish rates for  policies  providing  coverage  for  physicians  and
surgeons medical malpractice for the periods commencing July 1, 1985 and
ending June 30, [2015] 2016; 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 superintendent shall direct insurers to estab-
lish 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  superinten-
dent  shall  impose a surcharge on premiums to satisfy a projected defi-
ciency that is attributable 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,  [2015] 2016, 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,  [2015]  2016 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  estab-
lished by the superintendent during such policy periods, and at any time
thereafter  a  hospital,  health  maintenance  organization, employer or
institution is responsible for responding in damages for liability aris-
ing 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 deficiency pursuant to the requirements of
this section and the  insurance  law,  shall  give  substantial  weight,
determined  in  his  discretion  and judgment, to the prospective antic-
ipated effect of any regulations promulgated and laws  enacted  and  the
public  benefit  of    stabilizing malpractice rates and minimizing rate
level fluctuation during the period of time necessary for  the  develop-
ment  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 estab-

S. 2007--B                         77                         A. 3007--B

lished  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  5. Section 5 and subdivisions (a) and (e) of section 6 of part J of
chapter 63 of the laws of 2001, amending 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
22  of  part B of chapter 60 of the laws of 2014, are amended to read as
follows:
  S 5. The superintendent of  [insurance]  FINANCIAL  SERVICES  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, June 15, 2014, [and] June 15,  2015,  AND  JUNE
15,  2016 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, OR JULY 1, 2015 TO JUNE 30, 2016, 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]
FINANCIAL SERVICES 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 insufficient for purposes of purchasing excess insur-
ance 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, OR JULY 1, 2015 TO JUNE 30, 2016, 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] FINANCIAL SERVICES 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

S. 2007--B                         78                         A. 3007--B

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, June 15, 2014,  [and]  June
15, 2015, AND JUNE 15, 2016, as applicable.
  S 6. Notwithstanding any law, rule or regulation to the contrary, only
physicians  or  dentists who were eligible, and for whom the superinten-
dent of financial services and the  commissioner  of  health,  or  their
designee, purchased, with funds available in the hospital excess liabil-
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  fifteen, shall be eligible to apply for such coverage for
the coverage period beginning the first of July, two  thousand  fifteen;
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 fifteen
exceeds the total number of physicians or dentists certified as eligible
for the coverage period  beginning  the  first  of  July,  two  thousand
fifteen,  then  the  general  hospitals  may certify additional eligible
physicians or dentists in a number  equal  to  such  general  hospital's
proportional  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 thirti-
eth of June, two thousand fifteen, 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 fifteen and
the number of such eligible physicians or dentists who have applied  for
excess  coverage  or equivalent excess for the coverage period beginning
the first of July, two thousand fifteen.
  S 7. This act shall take effect immediately.
  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 Y of this act shall  be
as specifically set forth in the last section of such Parts.