Enacts into law major components of legislation necessary to implement the state fiscal plan relating to health and mental hygiene
download bill text pdfThere are no sponsors of this bill.
| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Mar 09, 2015 |
referred to ways and means |
Enacts into law major components of legislation necessary to implement the state fiscal plan relating to health and mental hygiene; implements the Medicaid redesign team recommendations; aligns Child Health Plus rates with Medicaid managed care rates; continues authorization of previously enacted Medicaid savings initiatives
S T A T E O F N E W Y O R K
________________________________________________________________________
6007
2015-2016 Regular Sessions
I N A S S E M B L Y
March 9, 2015
___________
Introduced by COMMITTEE ON RULES -- read once and referred to the
Committee on Ways and Means
AN ACT to amend section 4 of 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; and to amend the social
services law, in relation 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
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 medical expenditures, in relation to extending the
provisions thereof; 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 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 covered lives assessments in the Rochester
region; to amend the public health law, in relation to noticing of
hospitals; to amend the public health law, in relation to community
service plans and performing provider systems community advisory
boards; to amend the social services law, in relation to health homes;
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 supplemental payments; to amend part H of
chapter 59 of the laws of 2011, amending the public health law relat-
ing 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 school-based health centers; to
amend the social services law, in relation to payments for Medicare
beneficiaries; to authorize a mobility management contractor; to amend
the public health law, in relation to energy efficiency; to amend the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD20005-01-5
A. 6007 2
public health law, in relation to payment rates for managed long term
care enrollees and long term care health programs; 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 amend the social services law, in relation to establishing
a health technology assessment committee within the medical assistance
program; to repeal subdivision 25-a of section 364-j of the social
services law, relating to managed care provided coverage for certain
drugs; to repeal subdivision 7 of section 364-i of the social services
law, relating to presumptive eligibility for medical assistance; 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 organ-
izations 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, amending 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 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
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
A. 6007 3
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 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, in relation to the effec-
tiveness 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, in relation to the
effectiveness thereof; to amend chapter 21 of the laws of 2011 amend-
ing the education 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 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; to amend part H of chap-
ter 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; 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 relat-
ing to general hospital reimbursement for annual rates, relating to
the cap on local Medicaid expenditures, in relation to extending the
provisions thereof; and to repeal section 2 of chapter 459 of the laws
of 1996 amending the public health law relating to recertification of
persons providing emergency medical care (Part D); to amend the public
health law, in relation to the payment of certain funds for uncompen-
sated care (Part E); intentionally omitted (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 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 statutory authority of
upgraded diagnostic and treatment centers (Part H); to amend the civil
practice law and rules, the criminal procedure law and the executive
law, in relation to the use in evidence of the fact of possession of a
condom; to amend the penal law, in relation to criminal possession of
a controlled substance in the seventh degree; to amend the general
business law, in relation to drug-related paraphernalia; to amend the
public health law, in relation to the sale and possession of hypoderm-
ic syringes and needles; to repeal subdivision 2-a of section 2781 of
the public health law relating to certain consent for HIV related
testing; and to repeal section 220.45 of the penal law relating to
criminally possessing a hypodermic instrument (Part I); to amend the
education law and the public health law, in relation to authorizing
certain advanced home health aides to perform certain advanced tasks;
and providing for the repeal of such provisions upon expiration there-
of (Part J); to amend the public health law, in relation to streamlin-
A. 6007 4
ing 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, and in relation to hospital sponsored off-campus emergency
departments (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 address-
ing 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 relating to the recovery of
exempt income by the office of mental health for community residences
and family-based treatment programs, in relation to the effectiveness
thereof (Part O); to amend the education law, in relation to authoriz-
ing contracts for the provision of special education and related
services for certain patients hospitalized in hospitals operated by
the office of mental health; to require the commissioner of mental
health to report on children 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 operated by the office of
mental health, in relation to the effectiveness thereof (Part P);
intentionally omitted (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 education 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); intentionally omitted (Part T); intentionally omitted (Part U); to
amend the mental hygiene law, in relation to commissioning a statewide
evaluation regarding the extent of legal and illegal gambling by New
York residents (Part V); to amend the mental hygiene law and the
racing, pari-mutuel wagering and breeding law, in relation to compul-
sive gambling assistance (Part W); to amend chapter 495 of the laws of
2004 amending the insurance law and the public health law relating to
the New York state health insurance continuation assistance demon-
stration project, in relation to the effectiveness thereof (Part X);
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 Y); to amend chapter 266 of the laws of 1986
amending the civil practice law and rules and other laws relating to
malpractice and professional medical conduct; 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 relat-
ing 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 Z); to amend the insurance
A. 6007 5
law, in relation to the New York state health insurance modernization
and quality care commission (Part AA); to amend the elder law, in
relation to enriched social adult day services; and to amend chapter
58 of the laws of 2008, amending the elder law and other laws relating
to reimbursement to particular provider pharmacies and prescription
drug coverage, in relation to the effectiveness thereof (Part BB); to
amend the mental hygiene law, in relation to providing state operated
opportunities for people with developmental disabilities (Part CC); to
amend the social services law, in relation to establishing presumptive
eligibility for Medicaid for inmates (Part DD); to amend the mental
hygiene law, in relation to establishing a crisis intervention team
program (Part EE); to amend the mental hygiene law, in relation to
requiring the commissioner of developmental disabilities to conduct a
geographic analysis of supports and services in community settings for
individuals with developmental disabilities (Part FF); and to amend
the metal hygiene law, in relation to transformation workgroups (Part
GG)
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 GG. 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. Intentionally omitted.
S 1-a. 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 2. Intentionally omitted.
S 3. Intentionally omitted.
S 4. Intentionally omitted.
S 5. Intentionally omitted.
S 6. 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 to read as
follows:
A. 6007 6
S 461-s. Enhancing the quality of adult living program for adult care
facilities. 1. The commissioner of health shall establish the enhanced
quality of adult living program (referred to in this section as the
"EQUAL program" or the "program") for adult care facilities. The program
shall be targeted at improving the quality of life for adult care facil-
ity residents by means of grants to facilities for specified purposes.
The department of health, subject to the approval of the director of the
budget, shall develop an allocation methodology taking into account the
financial status and size of the facility as well as resident needs.
2. (A) No payment shall be made under the program to a facility that,
IN THE PRECEDING YEAR:
(I) has received official written notice from the department of a
proposed revocation, suspension, limitation or denial of the operator's
operating certificate[.];
(II) HAS RECEIVED ISSUANCE OF A DEPARTMENT ORDER UNDER SUBDIVISION TWO
OF SECTION FOUR HUNDRED SIXTY-D OF THIS ARTICLE; A PROPOSED ASSESSMENT
OF CIVIL PENALTIES FOR A VIOLATION OF SUBPARAGRAPH TWO OF PARAGRAPH (B)
OF SUBDIVISION SEVEN OF SECTION FOUR HUNDRED SIXTY-D OF THIS ARTICLE;
THE GRANTING OF EQUITABLE RELIEF UNDER SUBDIVISION FIVE OF SECTION FOUR
HUNDRED SIXTY-D OF THIS ARTICLE; OR THE ISSUANCE OF A COMMISSIONER'S
ORDER UNDER SUBDIVISION EIGHT OF SECTION FOUR HUNDRED SIXTY-D OF THIS
ARTICLE;
(III) IS SUBJECT TO AN ORDER BY A COURT OF COMPETENT JURISDICTION OR
AN APPROVED SETTLEMENT AGREEMENT WHICH AFFIRMS THAT THE RIGHTS AFFORDED
TO RESIDENTS OF ADULT CARE FACILITIES AS PROVIDED FOR BY SECTION FOUR
HUNDRED SIXTY-ONE-D OF THIS ARTICLE HAVE BEEN VIOLATED; OR
(IV) HAS FAILED TO COMPLY WITH SUBDIVISION FIVE OF THIS SECTION.
(B) WHEN PAYMENT IS DENIED UNDER THIS SUBDIVISION, THE DEPARTMENT
SHALL DETERMINE THE MEANS WHEREBY PAYMENT SHALL BE MADE TO THE RESIDENTS
LIVING IN THE FACILITY IN ENFORCEMENT, PROVIDED THAT THE FUNDS WILL
SUPPORT EXPENSES THAT DIRECTLY BENEFIT THE RESIDENTS.
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 IDENTIFY THE PRIORITIES OF THE
MAJORITY OF RESIDENTS FOR THE USE OF THE PROGRAM FUNDS AND DOCUMENT
RESIDENTS' TOP PREFERENCES BY MEANS OF A VOTE OR SURVEY. THE PLAN SHALL
DETAIL HOW PROGRAM FUNDS WILL BE USED TO IMPROVE THE PHYSICAL ENVIRON-
MENT 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, IMPROVEMENTS IN FOOD QUALI-
TY, FURNISHINGS, EQUIPMENT, SECURITY, AND MAINTENANCE OR REPAIRS TO THE
FACILITY. 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, FOR
EXPENSES INCURRED RETROSPECTIVELY, OR FOR EXPENDITURES RELATED TO
CORRECTIVE ACTION AS REQUIRED BY AN INSPECTION REPORT OR AUDIT UNDER
SUBDIVISION FIVE OF THIS SECTION.
5. THE DEPARTMENT OF HEALTH SHALL CONDUCT AN ANNUAL AUDIT OF EACH
FACILITY THAT HAS RECEIVED PAYMENT UNDER THIS SECTION TO ENSURE THAT
PROGRAM FUNDS WERE SPENT AS INDICATED IN THE EXPENDITURE PLAN UPON WHICH
THE RESPECTIVE PAYMENT WAS MADE. AT THE COMPLETION OF THE AUDIT, THE
FACILITY SHALL PREPARE A CORRECTIVE ACTION PLAN TO ADDRESS OR DISPUTE
EACH NEGATIVE AUDIT FINDING INCLUDED IN THE CURRENT YEAR AUDITOR'S
REPORTS. THE CORRECTIVE ACTION PLAN SHALL PROVIDE THE NAMES OF THE
A. 6007 7
CONTACT PERSONS RESPONSIBLE FOR CORRECTIVE ACTION, THE CORRECTIVE ACTION
PLANNED, AND THE ANTICIPATED COMPLETION DATE.
6. THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS
SECTION.
S 7. This act shall take effect immediately.
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) THE COMMISSIONER MAY NEGOTIATE DIRECTLY WITH A PHARMACEUTICAL
MANUFACTURER FOR THE PROVISION OF SUPPLEMENTAL REBATES, INCLUDING
SUPPLEMENTAL REBATES RELATING 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, HOWEV-
ER, THAT THIS PARAGRAPH SHALL APPLY ONLY TO ANTIRETRO-VIRALS AND HEPATI-
TIS C AGENTS 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. Intentionally omitted.
S 3. Intentionally omitted.
S 4. Intentionally omitted.
S 5. Intentionally omitted.
S 6. Intentionally omitted.
S 6-a. Subdivision 25 of section 364-j of the social services law, as
added by section 55 of part D of chapter 56 of the laws of 2012, is
amended to read as follows:
25. [Effective January first, two thousand thirteen, notwithstanding
any provision of law to the contrary, managed care providers shall cover
medically necessary prescription drugs in the atypical antipsychotic
therapeutic class, including non-formulary drugs, upon demonstration by
the prescriber, after consulting with the managed care provider, that
such drugs, in the prescriber's reasonable professional judgment, are
medically necessary and warranted.] NOTWITHSTANDING ANY PROVISION OF LAW
TO THE CONTRARY, MANAGED CARE PROVIDERS SHALL COVER MEDICALLY NECESSARY
PRESCRIPTION DRUGS IN ALL DRUG CLASSES, INCLUDING NON-FORMULARY DRUGS,
UPON DEMONSTRATION BY THE PRESCRIBER, AFTER CONSULTING WITH THE MANAGED
CARE PROVIDER, THAT SUCH DRUGS, IN THE PRESCRIBER'S REASONABLE PROFES-
SIONAL JUDGMENT, ARE MEDICALLY NECESSARY AND WARRANTED.
S 6-b. Subdivision 25-a of section 364-j of the social services law is
REPEALED.
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
A. 6007 8
disbursements for such period to exceed the projected department of
health medicaid state funds disbursements in the enacted budget finan-
cial plan pursuant to subdivision 3 of section 23 of the state finance
law, the commissioner of health, in consultation with the director of
the budget, shall develop a medicaid savings allocation plan to limit
such spending to the aggregate limit level specified in the enacted
budget financial plan, provided, however, such projections may be
adjusted by the director of the budget to account for any changes in the
New York state federal medical assistance percentage amount established
pursuant to the federal social security act, changes in provider reven-
ues, reductions to local social services district medical assistance
administration, and beginning April 1, 2012 the operational costs of the
New York state medical indemnity fund. Such projections may be adjusted
by the director of the budget to account for increased or expedited
department of health state funds medicaid expenditures as a result of a
natural or other type of disaster, including a governmental declaration
of emergency.
S 9. Intentionally omitted.
S 10. Intentionally omitted.
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
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.
(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
A. 6007 9
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.
(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.
A. 6007 10
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
(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
A. 6007 11
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 15. Intentionally omitted.
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
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,
A. 6007 12
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 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,
A. 6007 13
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
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-
A. 6007 14
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 23-a. Subdivision 6 of section 2807-s of the public health law is
amended by adding a new paragraph (g) to read as follows:
(G) A FURTHER GROSS ANNUAL AMOUNT ALLOCATED TO THE ROCHESTER REGION
BEGINNING JANUARY FIRST, TWO THOUSAND SIXTEEN SHALL BE ONE HUNDRED TEN
MILLION DOLLARS. SUCH AMOUNT SHALL BE EXCLUDED FROM ALL COMPUTATIONS AND
ADJUSTMENTS MADE PURSUANT TO PARAGRAPH (B) OF SUBDIVISION SIX OF SECTION
TWO THOUSAND EIGHT HUNDRED SEVEN-T OF THIS ARTICLE.
S 23-b. Subdivision 7 of section 2807-s of the public health law is
amended by adding a new paragraph (d) to read as follows:
(D)(I) FIVE MILLION DOLLARS OF THE FUNDS ALLOCATED PURSUANT TO PARA-
GRAPH (G) OF SUBDIVISION SIX OF THIS SECTION SHALL BE DISTRIBUTED TO A
REGIONAL HEALTH PLANNING ORGANIZATION FOR USE IN FUNDING REGIONAL HEALTH
CARE IMPROVEMENT PROJECTS. THE REGIONAL HEALTH PLANNING ORGANIZATION
SHALL DISBURSE THOSE FUNDS IN ACCORDANCE WITH THIS PARAGRAPH, OR PURSU-
ANT TO GRANTS MADE BY THE ORGANIZATION IN ACCORDANCE WITH THIS PARA-
GRAPH. DISTRIBUTION OF ANY GRANT FUNDS ADMINISTERED BY THE REGIONAL
HEALTH PLANNING ORGANIZATION SHALL BE PURSUANT TO A MULTI-STAKEHOLDER
PROCESS. THE REGIONAL HEALTH CARE IMPROVEMENT GRANT FUND PROJECTS SHALL
INCLUDE THREE MILLION DOLLARS PER YEAR FOR A SHARED COMMUNITY HEALTH
INFRASTRUCTURE DESIGNED ON THE BASIS OF COLLABORATIVE COMMUNITY EFFORTS,
A. 6007 15
INCLUDING COMMUNITY-WIDE PATIENT SAFETY AND QUALITY IMPROVEMENT
PROGRAMS, ELIMINATION OF HEALTH DISPARITIES, HEALTH INFORMATION TECHNOL-
OGY, AND TWO MILLION DOLLARS TO FUND THE REGIONAL HEALTH PLANNING ORGAN-
IZATION. THE HEALTH PLANNING ORGANIZATION SHALL USE REASONABLE EFFORTS
TO GENERATE MATCHING FUND CONTRIBUTIONS IN THE FORM OF GRANTS, DONATIONS
AND OTHER CONTRIBUTIONS.
(II) ONE HUNDRED FIVE MILLION DOLLARS OF THE FUNDS ALLOCATED PURSUANT
TO PARAGRAPH (G) OF SUBDIVISION SIX OF THIS SECTION SHALL BE ALLOCATED
TO A NOT-FOR-PROFIT ORGANIZATION OR ASSOCIATION THAT HAS BEEN DESIGNATED
THROUGH A MULTI-STAKEHOLDER PROCESS, WHICH SHALL DISTRIBUTE THOSE FUNDS
TO ALL OF THE HOSPITALS IN THE REGION ENGAGED IN GRADUATE MEDICAL EDUCA-
TION IN ORDER TO FUND GRADUATE MEDICAL EDUCATION. ONE HUNDRED MILLION
DOLLARS OF SUCH FUNDING SHALL BE DISTRIBUTED PROPORTIONALLY TO EACH OF
THE HOSPITALS IN AMOUNTS WHICH REFLECT EACH HOSPITAL'S CURRENT COSTS FOR
GRADUATE MEDICAL EDUCATION, AND FIVE MILLION DOLLARS OF UNREIMBURSED
ADMINISTRATIVE AND OTHER GRADUATE MEDICAL EDUCATION RELATED COSTS SHALL
BE ALLOCATED IN THE SAME PROPORTIONS. ONE HUNDRED MILLION DOLLARS OF THE
DISTRIBUTED FUNDS SHALL BE IN LIEU OF CURRENT FUNDING OF SUCH COSTS AS
CURRENTLY INCLUDED IN CLAIMS PAYMENTS BY SPECIFIED THIRD PARTY PAYORS IN
THE REGION RESULTING IN A REDUCTION IN THE AMOUNT PAID BY SUCH THIRD
PARTY PAYORS IN AN AMOUNT EQUAL TO THE ONE HUNDRED MILLION DOLLARS.
PRIOR TO THE ALLOCATION OF FUNDS PURSUANT TO THIS SUBDIVISION, THE
PARTICIPATING HOSPITALS AND SUCH THIRD PARTY PAYORS SHALL DEVELOP A
PROCESS FOR THE DISTRIBUTION OF SUCH FUNDS AND A MECHANISM TO ENSURE
THAT THE REQUIRED REDUCTION OF PAYMENTS BY SUCH THIRD PARTY PAYORS TO
THE HOSPITALS OCCURS. THE AFFECTED HOSPITALS AND THE THIRD PARTY PAYORS
IN THE REGION SHALL SELECT AN INDEPENDENT THIRD PARTY TO DETERMINE THE
REDUCTIONS WHICH SHALL OCCUR FROM PREVIOUSLY NEGOTIATED RATES FOR CLAIMS
PAYMENTS TO SUCH HOSPITALS BY SPECIFIED THIRD PARTY PAYORS IN ORDER TO
AVOID DUPLICATE FUNDING PURSUANT TO THIS PARAGRAPH. PRIOR TO THE IMPLE-
MENTATION OF THESE PROVISIONS, A REPORT SHALL BE PREPARED BY SUCH INDE-
PENDENT THIRD PARTY TO ANALYZE THE ANTICIPATED IMPACT OF THESE
PROVISIONS ON GRADUATE MEDICAL EDUCATION AND THE PROMOTION OF COMMUNITY
HEALTH IN THE ROCHESTER REGION. THE REPORT WILL CONSIDER: THE IMPACT OF
THE PROPOSAL ON THE DEVELOPMENT AND RETENTION OF THE PHYSICIAN WORKFORCE
IN ROCHESTER AND THE SURROUNDING REGION AS A RESULT OF ITS EFFECTS ON
THE SUPPORT OF GRADUATE MEDICAL EDUCATION; THE IMPACT OF THE PROPOSAL ON
THE HEALTHCARE COMMUNITY (INCLUDING HOSPITALS AND OTHER HEALTHCARE
PROVIDERS), THIRD PARTY PAYORS, THE BUSINESS COMMUNITY AND CONSUMERS;
AND THE OVERALL IMPACT OF THE PROPOSAL ON THE HEALTHCARE DELIVERY SYSTEM
IN THE ROCHESTER REGION, INCLUDING ITS SUPPORT FOR COMMUNITY HEALTH
INITIATIVES AND HEALTHCARE PLANNING. THE REPORT WILL BE SUBMITTED TO THE
SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE AND TO
THE COMMISSIONER OF HEALTH NO LATER THAN OCTOBER 1, 2015.
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-
A. 6007 16
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
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.
A. 6007 17
[(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 24-a. Section 2803-l of the public health law, as amended by chapter
639 of the laws of 1996, is amended to read as follows:
S 2803-l. Community service plans. 1. The governing body of a volun-
tary non-profit general hospital OR THE SPONSORING ENTITY OF A PERFORM-
ING PROVIDER SYSTEM ("PPS") PARTICIPATING IN THE MEDICAID DELIVERY
SYSTEM REFORM INCENTIVE PAYMENT ("DSRIP") PROGRAM must issue an organ-
izational mission statement identifying at a minimum the populations and
communities served by the hospital OR THE PPS and the hospital's OR
PPS'S commitment to meeting the health care needs of the community.
2. The governing body OR PPS SPONSORING ENTITY must at least every
three years IN THE CASE OF A HOSPITAL AND EVERY TWO YEARS IN THE CASE OF
A PPS:
(i) review and amend as necessary the [hospital] mission statement;
(ii) solicit the views of the communities served by the hospital OR
PPS on such issues as [the hospital's] performance and service priori-
ties;
(iii) demonstrate the hospital's OR PPS'S operational and financial
commitment to meeting community health care needs, to provide charity
care services and to improve access to health care services by the
underserved; and
(iv) prepare and make available to the public a statement showing on a
combined basis a summary of the financial resources of the hospital OR
PPS and related corporations and the allocation of available resources
to hospital OR PPS purposes including the provision of free or reduced
charge services.
3. The governing body OR SPONSORING ENTITY OF A PPS must at least
annually prepare and make available to the public an implementation
report regarding the hospital's OR PPS'S performance in meeting the
health care needs of the community, providing charity care services, and
improving access to health care services by the underserved.
4. The governing body OR SPONSORING ENTITY OF A PPS shall file with
the commissioner its mission statement, its annual implementation
report, and at least every three years a report detailing amendments to
the statement and reflecting changes in the hospital's OR PPS'S opera-
tional and financial commitment to meeting the health care needs of the
community, providing charity care services, and improving access to
health care services by the underserved.
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) PERFORMING PROVIDER SYSTEMS COMMUNITY ADVISORY BOARDS. 1. THE
SPONSORING ENTITY OF EACH PERFORMING PROVIDER SYSTEM ("PPS") PARTICIPAT-
ING IN THE MEDICAID DELIVERY SYSTEM REFORM INCENTIVE PAYMENT ("DSRIP")
SHALL ESTABLISH A COMMUNITY ADVISORY BOARD, OR BOARDS BASED ON GEOGRAPH-
IC SERVICE AREAS. THE COMMUNITY ADVISORY BOARD OR BOARDS SHALL CONSIDER
AND ADVISE THE PPS UPON THE PPS'S MISSION STATEMENT AND ANNUAL IMPLEMEN-
TATION REPORT UNDER SECTION TWENTY-EIGHT HUNDRED THREE-L OF THIS ARTI-
A. 6007 18
CLE, MATTERS CONCERNING OPERATIONAL ASPECTS OF THE PPS, 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 PPS MAY ESTABLISH RULES WITH
RESPECT TO ITS COMMUNITY ADVISORY BOARD OR BOARDS.
(II) THE MEMBERS OF THE COMMUNITY ADVISORY BOARD OR BOARDS SHALL BE
REPRESENTATIVES OF THE COMMUNITY, OR GEOGRAPHIC SERVICE AREAS, SERVED BY
THE PPS, INCLUDING MEDICAID CONSUMERS ATTRIBUTED TO THAT PPS. THE PPS
SHALL FILE WITH THE COMMISSIONER, AND FROM TIME TO TIME UPDATE, AN
UP-TO-DATE LIST OF THE MEMBERS OF THE PPS'S COMMUNITY ADVISORY BOARD OR
BOARDS, WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC BY THE PPS ON ITS
WEBSITE AND 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 COMMUNITY ADVISORY
BOARD OR BOARDS. NO MEMBER OF A COMMUNITY ADVISORY BOARD SHALL RECEIVE
COMPENSATION OR ALLOWANCE FOR SERVICES RENDERED ON THE COMMUNITY ADVI-
SORY BOARD, EXCEPT, HOWEVER, THAT MEMBERS OF A COMMUNITY ADVISORY BOARD
MAY BE REIMBURSED BY THE PPS FOR NECESSARY EXPENSES INCURRED IN RELATION
TO SERVICE ON A COMMUNITY ADVISORY BOARD.
(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;
(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
A. 6007 19
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 waived and the project it relates to, in the report
provided pursuant to paragraph [(c)] (D) of this subdivision.
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. Intentionally omitted.
S 27. Intentionally omitted.
S 28. Subdivisions 6 and 7 of section 369-gg of the social services
law are renumbered subdivisions 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.
(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
A. 6007 20
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
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
A. 6007 21
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 30-a. Subdivision 1 of section 364-j of the social services law is
amended by adding a new paragraph (w) to read as follows:
(W) "SCHOOL-BASED HEALTH CENTER." A CLINIC LICENSED OR SPONSORED BY A
FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW,
WHICH PROVIDES PRIMARY HEALTH CARE SERVICES WHICH MAY INCLUDE URGENT
CARE, WELL CHILD CARE, REPRODUCTIVE HEALTH CARE, DENTAL CARE, BEHAVIORAL
HEALTH SERVICES, VISION CARE, AND MANAGEMENT OF CHRONIC DISEASES TO
CHILDREN AND ADOLESCENTS WITHIN AN ELEMENTARY, SECONDARY OR PREKINDER-
GARTEN PUBLIC SCHOOL SETTING.
S 30-b. Subdivision 2 of section 364-j of the social services law is
amended by adding a new paragraph (d) to read as follows:
(D)(I) THE COMMISSIONER OF HEALTH IS AUTHORIZED TO INCLUDE THE
SERVICES OF SCHOOL-BASED HEALTH CENTERS DESIGNATED BY THE COMMISSIONER
OF HEALTH, IN THE MANAGED CARE PROGRAM PURSUANT TO THIS SECTION ON AND
AFTER JULY FIRST, TWO THOUSAND FIFTEEN, COMMENCING WITH NO FEWER THAN
THREE SCHOOL-BASED HEALTH CENTERS, THAT VOLUNTEER TO BE PART OF A PILOT
PROJECT FOR A PERIOD OF TWO YEARS. THE COMMISSIONER OF HEALTH SHALL
PROVIDE AN INTERIM REPORT ON THE IMPLEMENTATION OF THE PILOT PROJECT TO
A. 6007 22
THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON
OR BEFORE JULY FIRST, TWO THOUSAND SIXTEEN. THE COMMISSIONER OF HEALTH
SHALL PROVIDE A FINAL REPORT ON THE IMPLEMENTATION OF THE PILOT PROJECT
TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY
ON OR BEFORE JANUARY FIRST, TWO THOUSAND SEVENTEEN. SUCH INTERIM AND
FINAL REPORTS SHALL INCLUDE BUT NOT BE LIMITED TO INFORMATION CONCERNING
ACCESS BY CHILDREN AND ADOLESCENTS TO PRIMARY HEALTH CARE SERVICES,
URGENT CARE SERVICES, SERVICES FOR THE MANAGEMENT OF CHRONIC DISEASE,
WELL CHILD CARE, AND DENTAL CARE, AND THE TIMELINESS AND ADEQUACY OF
PAYMENT TO SCHOOL-BASED HEALTH CENTERS BY MANAGED CARE PROVIDERS.
(II) ON AND AFTER JULY FIRST, TWO THOUSAND SEVENTEEN, THE COMMISSIONER
OF HEALTH IS AUTHORIZED TO INCLUDE THE SERVICES OF SCHOOL-BASED HEALTH
CENTERS IN THE MANAGED CARE PROGRAM ON A PHASED-IN SCHEDULE BASED ON
GEOGRAPHY AND THE CAPABILITY OF THE SCHOOL-BASED HEALTH CENTER AND THE
MANAGED CARE PROVIDER TO PARTICIPATE IN THE PROGRAM. SUCH ASSESSMENT OF
CAPABILITY TO PARTICIPATE IN THE PROGRAM SHALL BE MADE BY THE COMMIS-
SIONER OF HEALTH AFTER CONSULTATION WITH THE INVOLVED SCHOOL-BASED
HEALTH CENTER, THE ORGANIZATION SPONSORING THE SCHOOL-BASED HEALTH
CENTER, IF ANY, AND THE MANAGED CARE PROVIDER. THE COMMISSIONER OF
HEALTH SHALL TAKE INTO CONSIDERATION ANY RELEVANT FINDINGS OF THE FINAL
AND INTERIM REPORTS.
(III) THIS PARAGRAPH SHALL NOT APPLY TO BEHAVIORAL HEALTH AND REPRO-
DUCTIVE HEALTH CARE SERVICES PROVIDED BY SCHOOL-BASED HEALTH CENTERS.
S 30-c. Subdivision 3 of section 364-j of the social services law is
amended by adding a new paragraph (d-2) to read as follows:
(D-2)(I) HEALTH CARE SERVICES PROVIDED BY SCHOOL-BASED HEALTH CENTERS
SHALL NOT BE PROVIDED TO MEDICAL ASSISTANCE RECIPIENTS THROUGH MANAGED
CARE PROGRAMS ESTABLISHED UNDER THIS SECTION, EXCEPT AS AUTHORIZED UNDER
PARAGRAPH (D) OF SUBDIVISION TWO OF THIS SECTION.
(II) BEHAVIORAL HEALTH AND REPRODUCTIVE HEALTH CARE SERVICES PROVIDED
BY SCHOOL-BASED HEALTH CENTERS SHALL NOT BE PROVIDED TO MEDICAL ASSIST-
ANCE RECIPIENTS THROUGH MANAGED CARE PROGRAMS ESTABLISHED UNDER THIS
SECTION.
(III) WHERE HEALTH CARE SERVICES ARE PROVIDED BY SCHOOL-BASED HEALTH
CENTERS TO MEDICAL ASSISTANCE OTHER THAN THROUGH THE MANAGED CARE
PROGRAM, THE SERVICES SHALL BE PAID FOR IN ACCORDANCE WITH APPLICABLE
REIMBURSEMENT METHODOLOGIES. APPLICABLE REIMBURSEMENT METHODOLOGIES
SHALL MEAN:
(A) FOR SCHOOL-BASED HEALTH CENTERS SPONSORED BY A FEDERALLY QUALIFIED
HEALTH CENTER, RATES OF REIMBURSEMENT AND REQUIREMENTS IN ACCORDANCE
WITH THOSE MANDATED BY 42 U.S.C. SECS. 1396A(BB), 1396(M)(2)(A)(IX) AND
1936(A)(13)(C); AND
(B) FOR SCHOOL-BASED HEALTH CENTERS SPONSORED BY AN ENTITY LICENSED
PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW THAT IS NOT A
FEDERALLY QUALIFIED HEALTH CENTER, RATES OF REIMBURSEMENT AT THE OTHER-
WISE-APPLICABLE AMBULATORY PATIENT GROUP RATE FOR THE SERVICE.
(C) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "BEHAVIORAL HEALTH
SERVICES" SHALL MEAN BEHAVIORAL HEALTH SERVICES INCLUDING: PRIMARY
PREVENTION, INDIVIDUAL MENTAL HEALTH ASSESSMENT, TREATMENT AND FOLLOW-
UP, CRISIS INTERVENTION, GROUP AND FAMILY COUNSELING, AND SHORT AND
LONG-TERM COUNSELING; BEHAVIORAL HEALTH SERVICES ARE HEALTH CARE
SERVICES.
S 30-d. The social services law is amended by adding a new section
364-j-3 to read as follows:
S 364-J-3. INDEPENDENT CONSUMER ADVOCACY NETWORK. 1. THERE IS HEREBY
ESTABLISHED IN THE DEPARTMENT OF HEALTH AN INDEPENDENT OMBUDSMAN PROGRAM
A. 6007 23
KNOWN AS THE INDEPENDENT CONSUMER ADVOCACY NETWORK (REFERRED TO IN THIS
SECTION AS "ICAN") TO PROVIDE COMMUNITY CONTACT AND INVOLVEMENT WITH
ENROLLEES IN MEDICAID MANAGED CARE PROGRAMS UNDER THIS ARTICLE AND ARTI-
CLE FORTY-FOUR OF THE PUBLIC HEALTH LAW, AND ANY OTHER MEDICAID COORDI-
NATED CARE PROGRAM; APPLICANTS AND RECIPIENTS WHO MAY BE ELIGIBLE FOR
ENROLLMENT IN ANY OF THOSE MEDICAID PROGRAMS; AND REPRESENTATIVES, ADVO-
CATES, CAREGIVERS, AND FAMILY MEMBERS OF THOSE ENROLLEES, APPLICANTS,
AND RECIPIENTS. THE COMMISSIONER OF HEALTH SHALL DESIGNATE (WHICH MAY BE
DONE THROUGH A REQUEST FOR PROPOSALS PROCESS BEING UNDERTAKEN (UPON THE
EFFECTIVE DATE OF THIS SECTION) AND CONTRACT WITH AN ENTITY TO FUNCTION
AS THE ICAN. THE ENTITY SHALL BE A NOT-FOR-PROFIT CORPORATION WITH EXPE-
RIENCE ADMINISTERING A STATEWIDE PROGRAM OF ASSISTING AND ADVOCATING FOR
CONSUMERS IN MATTERS RELATING TO HEALTH COVERAGE AND A DEMONSTRATED
ABILITY TO ASSEMBLE AND MANAGE A STATEWIDE NETWORK OF PARTICIPATING
ORGANIZATIONS IN THAT PROGRAM. UNLESS THE CONTEXT CLEARLY REQUIRES
OTHERWISE, AS USED IN THIS SECTION, "ICAN ENTITY" SHALL MEAN THE ENTITY
DESIGNATED UNDER THIS SUBDIVISION AND ANY PARTICIPATING ORGANIZATION OF
THE ENTITY. THE ICAN ENTITY SHALL BE AUTHORIZED TO CONDUCT ACTIVITIES
INCLUDING, BUT NOT LIMITED TO:
(A) EDUCATING AND CONSULTING WITH ENROLLEES, APPLICANTS, RECIPIENTS,
REPRESENTATIVES, ADVOCATES, FAMILY MEMBERS, CAREGIVERS, RESIDENT COUN-
CILS OF FACILITIES HOUSING A SUBSTANTIAL NUMBER OF MEDICAID APPLICANTS
OR RECIPIENTS, AND COMMUNITY GROUPS IN RELATION TO ENROLLEE, APPLICANT
AND INDIVIDUAL RIGHTS, MEDICAL ASSISTANCE PROGRAM OPTIONS, BENEFITS,
ASSESSMENT, APPEALS, AND ADVERSE EVENTS;
(B) INVESTIGATING AND RESOLVING COMPLAINTS MADE BY OR ON BEHALF OF
ENROLLEES, APPLICANTS, AND RECIPIENTS RELATING TO MATTERS THAT MAY
AFFECT THE HEALTH, SAFETY, WELFARE, AND RIGHTS OF THESE INDIVIDUALS;
(C) REPRESENTING ENROLLEES, APPLICANTS, AND RECIPIENTS OR THEIR DESIG-
NATED REPRESENTATIVES IN GRIEVANCES, APPEALS, AND OTHER LEGAL
PROCEEDINGS; AND
(D) UNDERTAKING PUBLIC ADVOCACY.
2. THE ICAN ENTITY, IN CONDUCTING THE PROGRAM, SHALL:
(A) FUNCTION WITH INDEPENDENCE FROM STATE AND LOCAL GOVERNMENTS,
HEALTH PLANS, AND OTHER INDUSTRY STAKEHOLDERS;
(B) BE CULTURALLY COMPETENT FOR THE POPULATION SERVED;
(C) COLLECT DATA ON THE CASES HANDLED;
(D) COORDINATE AS NEEDED WITH THE EXISTING LONG TERM CARE OMBUDSMAN ON
MATTERS RELATING TO THE LONG TERM CARE OMBUDSMAN'S WORK; AND
(E) REPORT ANNUALLY OR AT THE REQUEST OF THE COMMISSIONER OF HEALTH ON
ALL PROGRAM ACTIVITIES.
3. THE COMMISSIONER OF HEALTH SHALL:
(A) ENSURE THE ICAN ENTITY IS SUFFICIENTLY FUNDED TO CARRY OUT ITS
FUNCTIONS UNDER THIS SECTION;
(B) IMPLEMENT A SYSTEM OF INFORMATION SHARING AND COORDINATION AMONG
THE DEPARTMENT OF HEALTH, THE ICAN ENTITY, AND THE LONG TERM CARE
OMBUDSMAN PROGRAM;
(C) REQUIRE HEALTH PLANS IN THE MEDICAL ASSISTANCE PROGRAM TO:
(I) COOPERATE WITH THE ICAN ENTITY; AND
(II) APPOINT AN INTERNAL OMBUDSMAN TO HELP ENROLLEES, APPLICANTS,
RECIPIENTS, REPRESENTATIVES, CAREGIVERS AND FAMILY MEMBERS WITH INTERNAL
PLAN ADVOCACY AND TO WORK WITH THE ICAN ENTITY AND OTHER CONSUMER ADVO-
CACY PROGRAMS.
(D) REPORT, AT LEAST ONCE EVERY TWO YEARS, TO THE GOVERNOR AND THE
LEGISLATURE ON THE WORK OF THE ICAN ENTITY, AND MAKE THE REPORT AVAIL-
ABLE ON THE DEPARTMENT OF HEALTH'S WEBSITE.
A. 6007 24
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 of 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 MIDWAY POINT BETWEEN 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 MINUS THE AMOUNT PAYABLE UNDER PART B AND THE AMOUNT THAT
WOULD OTHERWISE BE PAID BY PART B OF TITLE XVIII OF THE FEDERAL SOCIAL
SECURITY ACT; provided, however, amounts payable under this title for
items and services provided to eligible persons who are also benefici-
aries under part B or to qualified medicare beneficiaries by an ambu-
lance service under the authority of an operating certificate issued
pursuant to article thirty of the public health law, a psychologist
licensed under article one hundred fifty-three of the education law, or
a facility under the authority of an operating certificate issued pursu-
ant 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 beneficiaries, 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 REPRESENTING THE MIDWAY POINT
BETWEEN THE AMOUNT THAT WOULD OTHERWISE BE MADE UNDER THIS TITLE IF
PROVIDED TO AN ELIGIBLE PERSON WHO IS NOT A BENEFICIARY UNDER PART B OR
A QUALIFIED MEDICARE BENEFICIARY AND THE AMOUNT THAT WOULD OTHERWISE BE
PAID BY PART C OF TITLE XVIII OF THE FEDERAL SOCIAL SECURITY ACT, LESS
THE AMOUNT PAYABLE BY THE PART C HEALTH PLAN.
A. 6007 25
S 33. Intentionally omitted.
S 34. The commissioner of health is authorized to conduct an assess-
ment of the mobility and transportation needs of persons with disabili-
ties and other special needs populations. The assessment shall include
identification of any legal, statutory or regulatory, and funding barri-
ers. 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 transporta-
tion 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 INCLUDING MEDICAL ASSISTANCE. The
written notification required by this section shall inform such person
of a right to an expedited hearing when emergency needs assistance or
care is denied. A public assistance applicant who has been denied emer-
gency needs assistance or care must be given reason for such denial in a
written determination which sets forth the basis for such denial.
S 36. Section 364-i of the social services law is amended by adding a
new subdivision 1-a to read as follows:
1-A. (A) AN INDIVIDUAL, UPON APPLICATION FOR MEDICAL ASSISTANCE, SHALL
BE PRESUMPTIVELY ELIGIBLE FOR IMMEDIATE TEMPORARY 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, FROM
THE DATE OF APPLICATION, PROVIDED THAT:
(I) SUCH INDIVIDUAL SUBMITS: (A) AN APPLICATION FOR MEDICAL ASSIST-
ANCE, AND (B) A PHYSICIAN'S ORDER THAT (I) RECOMMENDS THE NUMBER OF
HOURS OF PERSONAL CARE OR CONSUMER DIRECTED PERSONAL ASSISTANCE SERVICES
TO BE AUTHORIZED AS IMMEDIATE TEMPORARY PERSONAL CARE SERVICES; (II)
DOCUMENTS THAT SUCH INDIVIDUAL NEEDS ASSISTANCE IN THE HOME WITH ONE OR
MORE OF TOILETING, TRANSFERRING FROM BED TO CHAIR OR WHEELCHAIR, TURNING
OR POSITIONING IN BED, WALKING, OR FEEDING; AND (III) DOCUMENTS THAT IT
IS REASONABLY EXPECTED THAT THE INDIVIDUAL'S HEALTH AND SAFETY CAN BE
MAINTAINED IN THE HOME; AND
(II) IT REASONABLY APPEARS THAT THE APPLICANT IS OTHERWISE ELIGIBLE TO
RECEIVE MEDICAL ASSISTANCE.
(B) MEDICAL ASSISTANCE UNDER THIS SUBDIVISION SHALL BE AVAILABLE TO
MEET THE IMMEDIATE NEEDS OF THE INDIVIDUAL PRIOR TO AND AFTER A DETERMI-
NATION THAT SUCH INDIVIDUAL MEETS THE ELIGIBILITY REQUIREMENTS OF THIS
TITLE AND UNTIL SUCH INDIVIDUAL EITHER (I) HAS BEEN DETERMINED TO BE
FINANCIALLY OR OTHERWISE INELIGIBLE FOR MEDICAL ASSISTANCE OR FOR
MEDICAL SERVICES OR SUPPLIES, OR (II) COMMENCES RECEIVING APPROPRIATE
COMMUNITY BASED LONG-TERM CARE SERVICES UNDER THE MEDICAL ASSISTANCE
PROGRAM.
S 36-a. Subdivision 7 of section 364-i of the social services law is
REPEALED.
A. 6007 26
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 supportive housing, wage supports for
home and personal care workers, transportation supports, and the transi-
tion of behavioral health services to managed care. The department of
health shall, after consultation with stakeholders, relevant state agen-
cies, the division of budget and the Olmstead cabinet, submit a report
to the temporary president of the senate, and the speaker of the assem-
bly, the chair of the senate finance committee, the chair of the assem-
bly ways and means committee, and the chairs of the senate and assembly
health committees, setting forth the plan to allocate such investments,
and no expenditures may be made from these funds until the plan has been
approved by the temporary president of the senate and the speaker of the
assembly. 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. FOR PERIODS ON OR AFTER APRIL FIRST, TWO THOUSAND FIFTEEN, THE
COMMISSIONER SHALL AUTHORIZE AN ENERGY EFFICIENCY AND/OR DISASTER
PREPAREDNESS STUDY FOR RESIDENTIAL HEALTH CARE FACILITIES.
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 UNDER SUBDIVISION NINE OF SECTION FORTY-FOUR
HUNDRED SIX-C OF THIS ARTICLE.
A. 6007 27
S 40-b. Section 4406-c of the public health law is amended by adding a
new subdivision 9 to read as follows:
9. (A) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, ANY CONTRAC-
TOR ADMINISTRATIVE SERVICE AGREEMENT BY A HEALTH CARE PLAN WITH CERTI-
FIED HOME HEALTH AGENCIES, LONG TERM HOME HEALTH CARE PROGRAMS, LICENSED
HOME CARE SERVICES AGENCIES, OR FISCAL INTERMEDIARIES IN THE CONSUMER
DIRECTED PERSONAL ASSISTANCE PROGRAM SHALL ENSURE THAT RESOURCES MADE
AVAILABLE BY A HEALTH CARE PLAN UNDER SUCH CONTRACTS OR AGREEMENTS WILL
SUPPORT THE RETENTION OF A QUALIFIED WORKFORCE CAPABLE OF PROVIDING
QUALITY CARE.
(B) SUCH CONTRACTS SHALL REQUIRE THAT RATES SHALL: (I) IN THE CASE OF
CERTIFIED HOME HEALTH AGENCIES, LONG TERM HOME HEALTH CARE PROGRAMS,
LICENSED HOME CARE SERVICES AGENCIES LICENSED OR CERTIFIED UNDER ARTICLE
THIRTY-SIX OF THIS CHAPTER, SUFFICIENTLY SUPPORT HOME CARE WORKER WAGE
PARITY COMPENSATION AS REQUIRED UNDER SECTION THIRTY-SIX HUNDRED FOUR-
TEEN-C OF THIS CHAPTER; RECRUITMENT, TRAINING AND RETENTION OF DIRECT
CARE PERSONNEL, INCLUDING WAGE, SALARY AND A SUPPLEMENTAL-BENEFIT RATE,
WHICH MAY BE PROVIDED IN ANY COMBINATION OF CASH OR BENEFITS, IN BOTH
WAGE PARITY AND NON-WAGE PARITY REGIONS, THE COSTS FOR WHICH SHALL BE
DEMONSTRATED BY SUCH AGENCIES, AND THE PROVISION OF PAYMENTS TO SUCH
AGENCIES AND PROGRAMS UNDER PARAGRAPH (BB) OF SUBDIVISION ONE OF SECTION
TWENTY-EIGHT HUNDRED SEVEN-V OF THIS CHAPTER, SUBDIVISIONS EIGHT, NINE
AND TEN OF SECTION THIRTY-SIX HUNDRED FOURTEEN OF THIS CHAPTER AND
SECTION THREE HUNDRED SIXTY-SEVEN-Q OF THE SOCIAL SERVICES LAW; ALL AS
APPLICABLE; AND
(II) IN THE CASE OF THE CONSUMER DIRECTED PERSONAL ASSISTANCE PROGRAM,
SUPPORT FISCAL INTERMEDIARIES TO COMPENSATE CONSUMER DIRECTED PERSONAL
ASSISTANTS UNDER THE PROGRAM INCLUDING WAGE, SALARY AND A SUPPLEMENTAL
BENEFIT RATE, WHICH MAY BE PROVIDED IN ANY COMBINATION OF CASH OR BENE-
FITS. NOTHING CONTAINED IN THIS SUBDIVISION SHALL SUPERSEDE OR DIMINISH
THE TERMS OF A COLLECTIVE BARGAINING AGREEMENT.
(C) WHERE A HEALTH CARE PLAN IS NOT IN COMPLIANCE WITH THIS SUBDIVI-
SION, THE HEALTH CARE PLAN MAY BE SUBJECT TO ANY SANCTIONS OR PENALTIES
PERMITTED BY FEDERAL OR STATE LAWS AND REGULATIONS, INCLUDING REVOCATION
OF THE HEALTH CARE PLAN'S AGREEMENT TO PARTICIPATE IN THE MEDICAL
ASSISTANCE PROGRAM. FOR THOSE PATIENTS AFFECTED BY A HEALTH CARE PLAN'S
NONCOMPLIANCE WITH THIS SUBDIVISION, THE COMMISSIONER SHALL ENSURE THAT
SUCH PATIENTS WILL BE IMMEDIATELY COVERED BY ANOTHER MANAGED HEALTH CARE
PLAN OR FEE FOR SERVICE. THIS PARAGRAPH SHALL NOT PRECLUDE ANY OTHER
RIGHT OR REMEDY AVAILABLE TO ANY OTHER PARTY.
(D) A HEALTH CARE PLAN THAT CONTRACTS WITH CERTIFIED HOME HEALTH AGEN-
CIES, LONG TERM HOME HEALTH CARE PROGRAMS, LICENSED HOME CARE SERVICES
AGENCIES, OR FISCAL INTERMEDIARIES IN THE CONSUMER DIRECTED PERSONAL
ASSISTANCE PROGRAM SHALL ANNUALLY SUBMIT WRITTEN CERTIFICATION TO THE
DEPARTMENT THAT IT IS IN COMPLIANCE WITH THIS SUBDIVISION AND THAT EACH
SUCH HOME CARE PROVIDER OR FISCAL INTERMEDIARY WITH WHICH IT CONTRACTS
IS IN COMPLIANCE WITH THIS SUBDIVISION. THE HEALTH CARE PLAN SHALL ANNU-
ALLY OBTAIN AND SUBMIT TO THE DEPARTMENT WRITTEN CERTIFICATION FROM SUCH
HOME CARE PROVIDER OR FISCAL INTERMEDIARY AND ANY OF ITS LABOR SUBCON-
TRACTORS WHICH ATTESTS THAT THE ENTITY AND THE SUBCONTRACTOR IS IN
COMPLIANCE WITH THIS SUBDIVISION. ALL SUCH WRITTEN CERTIFICATIONS SHALL
BE ON FORMS PREPARED BY THE DEPARTMENT. THE HEALTH CARE PLAN SHALL
OBTAIN INFORMATION FROM THE HOME CARE PROVIDER OR FISCAL INTERMEDIARY
AND THEIR LABOR SUBCONTRACTORS NECESSARY TO VERIFY COMPLIANCE WITH THIS
SUBDIVISION. SUCH INFORMATION SHALL BE RETAINED BY THE HEALTH CARE PLAN
A. 6007 28
FOR NOT LESS THAN THREE YEARS, AND MADE AVAILABLE TO THE DEPARTMENT UPON
REQUEST.
(E) A FAILURE BY A HOME CARE PROVIDER OR FISCAL INTERMEDIARY TO COMPLY
WITH THIS SUBDIVISION OR WITH REGULATIONS THEREUNDER, WHERE THE HEALTH
PLAN CONTRACT IS DETERMINED TO BE IN COMPLIANCE WITH THIS SUBDIVISION,
SHALL SUBJECT THE NON-COMPLIANT EMPLOYER OR CONTRACTOR TO THE SANCTIONS
AND ENFORCEMENT PROCESSES SET FORTH IN THE LABOR LAW OR PENALTIES AVAIL-
ABLE UNDER THIS ARTICLE OR SECTION THREE HUNDRED SIXTY-THREE-D OF THE
SOCIAL SERVICES LAW.
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 UNDER SUBDIVISION NINE
OF SECTION FORTY-FOUR HUNDRED SIX-C OF THE PUBLIC HEALTH LAW.
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. Intentionally omitted.
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
A. 6007 29
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:
(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. HEALTH TECHNOLOGY ASSESSMENT COMMITTEE. 1. THE DEPARTMENT OF
HEALTH SHALL CONVENE A HEALTH TECHNOLOGY ASSESSMENT COMMITTEE. THE
COMMITTEE SHALL, AT THE REQUEST OF THE COMMISSIONER OF HEALTH, PROVIDE
ADVICE AND MAKE RECOMMENDATIONS REGARDING COVERAGE OF HEALTH TECHNOLOGY
FOR PURPOSES OF THE MEDICAL ASSISTANCE PROGRAM. THE COMMISSIONER OF
HEALTH SHALL CONSULT SUCH COMMITTEE PRIOR TO ANY DETERMINATION TO
EXCLUDE FROM COVERAGE ANY HEALTH TECHNOLOGY FROM THE MEDICAL ASSISTANCE
A. 6007 30
PROGRAM. FOR PURPOSES OF THIS SECTION, "HEALTH TECHNOLOGY" MEANS MEDICAL
DEVICES AND SURGICAL PROCEDURES USED IN THE PREVENTION, DIAGNOSIS AND
TREATMENT OF DISEASE AND OTHER MEDICAL CONDITIONS. THIS SECTION DOES
NOT GRANT THE COMMISSIONER OF HEALTH ANY AUTHORITY TO EXCLUDE ANY
MEDICAL TECHNOLOGY FROM THE MEDICAL ASSISTANCE PROGRAM OTHER THAN
AUTHORITY THE COMMISSIONER OF HEALTH MIGHT HAVE UNDER OTHER LAW.
2. (A) THE HEALTH TECHNOLOGY ASSESSMENT COMMITTEE SHALL CONSIST OF
THIRTEEN MEMBERS, WHO SHALL BE APPOINTED BY THE COMMISSIONER OF HEALTH
AND WHO SHALL SERVE THREE YEAR TERMS; EXCEPT THAT FOR THE INITIAL
APPOINTMENTS TO THE COMMITTEE, FIVE MEMBERS SHALL SERVE ONE YEAR TERMS,
FIVE MEMBERS SHALL SERVE TWO YEAR TERMS, AND THREE MEMBERS SHALL SERVE
THREE YEAR TERMS. COMMITTEE MEMBERS MAY BE REAPPOINTED UPON THE
COMPLETION OF THEIR TERMS. WITH THE EXCEPTION OF THE CHAIRPERSON, NO
MEMBER OF THE COMMITTEE SHALL BE AN EMPLOYEE OF THE STATE OR ANY POLI-
TICAL SUBDIVISION OF THE STATE, OTHER THAN FOR HIS OR HER MEMBERSHIP ON
THE COMMITTEE, EXCEPT FOR EMPLOYEES OF HEALTH CARE FACILITIES OR UNIVER-
SITIES OPERATED BY THE STATE, A PUBLIC BENEFIT CORPORATION, THE STATE
UNIVERSITY OF NEW YORK OR MUNICIPALITIES.
(B) THE MEMBERSHIP OF SUCH COMMITTEE SHALL BE AS FOLLOWS:
(I) SIX PERSONS LICENSED AND ACTIVELY ENGAGED IN THE PRACTICE OF MEDI-
CINE 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 WHO IS A REPRESENTATIVE OF A HEALTH TECHNOLOGY OR
MEDICAL DEVICE ORGANIZATION WITH A REGIONAL, STATEWIDE OR NATIONAL
CONSTITUENCY AND WHO IS A HEALTH CARE PROFESSIONAL LICENSED UNDER TITLE
EIGHT OF THE EDUCATION LAW;
(IV) ONE PERSON WITH EXPERTISE IN HEALTH TECHNOLOGY ASSESSMENT WHO IS
A HEALTH CARE PROFESSIONAL LICENSED UNDER TITLE EIGHT OF THE EDUCATION
LAW;
(V) 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; AND
(VI) A MEMBER OF THE DEPARTMENT OF HEALTH WHO SHALL ACT AS CHAIRPERSON
AS DESIGNATED BY THE COMMISSIONER OF HEALTH.
3. THE HEALTH TECHNOLOGY ASSESSMENT COMMITTEE SHALL BE A PUBLIC BODY
UNDER ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW AND SUBJECT TO ARTICLE
SIX OF THE PUBLIC OFFICERS LAW. THE DEPARTMENT OF HEALTH SHALL PROVIDE
INTERNET ACCESS TO ALL MEETINGS OF SUCH COMMITTEE THROUGH THE DEPARTMENT
OF HEALTH'S WEBSITE.
4. THE MEMBERS OF THE HEALTH TECHNOLOGY ASSESSMENT COMMITTEE SHALL
RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE REIMBURSED FOR
EXPENSES ACTUALLY AND NECESSARILY INCURRED IN THE PERFORMANCE OF THEIR
DUTIES. COMMITTEE MEMBERS SHALL BE DEEMED TO BE EMPLOYEES OF THE DEPART-
MENT OF HEALTH FOR PURPOSES OF SECTION SEVENTEEN OF THE PUBLIC OFFICERS
LAW, AND SHALL NOT PARTICIPATE IN ANY MATTER FOR WHICH A CONFLICT OF
INTEREST EXISTS.
5. THE HEALTH TECHNOLOGY ASSESSMENT COMMITTEE SHALL, AT THE REQUEST OF
THE COMMISSIONER OF HEALTH, CONSIDER ANY MATTER RELATING TO HEALTH TECH-
NOLOGY ASSESSMENT. THE COMMISSIONER OF HEALTH SHALL PROVIDE THIRTY DAYS
PUBLIC NOTICE ON THE DEPARTMENT OF HEALTH'S WEBSITE PRIOR TO ANY MEETING
OF THE COMMITTEE TO DEVELOP RECOMMENDATIONS CONCERNING HEALTH TECHNOLOGY
COVERAGE DETERMINATIONS. SUCH NOTICE SHALL INCLUDE A DESCRIPTION OF THE
PROPOSED HEALTH TECHNOLOGY TO BE REVIEWED, THE CONDITIONS OR DISEASES
IMPACTED BY THE HEALTH TECHNOLOGY, AND THE PROPOSALS TO BE CONSIDERED BY
A. 6007 31
THE COMMITTEE. THE COMMITTEE SHALL ALLOW INTERESTED PARTIES A REASON-
ABLE OPPORTUNITY TO MAKE AN ORAL PRESENTATION TO THE COMMITTEE RELATED
TO THE HEALTH TECHNOLOGY TO BE REVIEWED AND TO SUBMIT WRITTEN INFORMA-
TION. THE COMMITTEE SHALL CONSIDER ANY INFORMATION PROVIDED BY ANY
INTERESTED PARTY, INCLUDING, BUT NOT LIMITED TO, HEALTH CARE PROVIDERS,
HEALTH CARE FACILITIES, PATIENTS, CONSUMERS AND MANUFACTURERS.
6. THE COMMISSIONER OF HEALTH SHALL PROVIDE NOTICE OF ANY COVERAGE
RECOMMENDATIONS DEVELOPED BY THE COMMITTEE BY MAKING SUCH INFORMATION
AVAILABLE ON THE DEPARTMENT OF HEALTH'S WEBSITE. SUCH PUBLIC NOTICE
SHALL INCLUDE: A SUMMARY OF THE DELIBERATIONS OF THE COMMITTEE; A SUMMA-
RY OF THE POSITIONS OF THOSE MAKING PUBLIC COMMENTS AT MEETINGS OF THE
COMMITTEE; THE RESPONSE OF THE COMMITTEE TO THOSE COMMENTS, IF ANY; THE
CLINICAL EVIDENCE UPON WHICH THE COMMITTEE BASES ITS RECOMMENDATION; AND
THE FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE.
7. THE COMMISSIONER OF HEALTH SHALL PROVIDE PUBLIC NOTICE ON THE
DEPARTMENT OF HEALTH'S WEBSITE OF HIS OR HER FINAL DETERMINATION,
INCLUDING: THE NATURE OF THE DETERMINATION; AN ANALYSIS OF THE IMPACT OF
THE COMMISSIONER OF HEALTH'S DETERMINATION ON STATE PUBLIC HEALTH PLAN
POPULATIONS AND PROVIDERS; AND THE PROJECTED FISCAL IMPACT TO THE STATE
PUBLIC HEALTH PLAN PROGRAMS OF THE COMMISSIONER OF HEALTH'S DETERMI-
NATION. THE COMMISSIONER OF HEALTH'S FINAL DETERMINATION SHALL NOT OCCUR
PRIOR TO THE THIRTIETH DAY FROM THE POSTING OF THE COMMITTEE'S RECOMMEN-
DATIONS AND FINDINGS ON THE DEPARTMENT OF HEALTH'S WEBSITE.
8. THE RECOMMENDATIONS OF THE HEALTH TECHNOLOGY ASSESSMENT COMMITTEE,
MADE PURSUANT TO THIS SECTION, SHALL BE BASED ON CLINICAL EFFECTIVENESS
AND SAFETY. THE COMMITTEE SHALL TRIENNIALLY REVIEW PREVIOUS RECOMMENDA-
TIONS OF THE COMMITTEE AND PERMIT ORAL PRESENTATIONS AND THE SUBMISSION
OF NEW EVIDENCE AT SUCH TRIENNIAL REVIEW. SUCH REVIEW SHALL OCCUR PURSU-
ANT TO THE PROCEDURE ESTABLISHED IN SUBDIVISIONS FIVE AND SIX OF THIS
SECTION. THE COMMISSIONER OF HEALTH MAY ALTER OR REVOKE HIS OR HER FINAL
DETERMINATION AFTER SUCH TRIENNIAL REVIEW PURSUANT TO THE PROCEDURE
ESTABLISHED IN SUBDIVISION SEVEN OF THIS SECTION.
9. THE DEPARTMENT OF HEALTH SHALL PROVIDE ADMINISTRATIVE SUPPORT TO
THE COMMITTEE.
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
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.
A. 6007 32
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, and
section thirty-eight of this act shall expire and be deemed repealed
March 31, 2018 provided that:
1. section thirteen of this act shall take effect June 1, 2015;
2. sections thirty-one and thirty-two of this act shall take effect
July 1, 2015;
3. the amendments made to section 2807-s of the public health law made
by sections twenty-three-a and twenty-three-b of this act shall not
affect the expiration of such section and shall be deemed to expire
therewith.
4. 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;
5. 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;
6. the amendments to section 364-j of the social services law made by
sections six-a, thirty-a, thirty-b, thirty-c and forty-c of this act
shall not affect the repeal of such section and shall be deemed to be
repealed therewith;
6-a. the amendments to subdivision eight of section forty-four hundred
three-f of the public health law made by section forty-a of this act
shall not affect the repeal of such section and shall be deemed repealed
therewith;
7. 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;
8. 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;
9. the commissioner of health and the superintendent of the department
of financial services and any appropriate council may take steps neces-
sary to implement this act prior to its effective date;
10. 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
11. 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:
A. 6007 33
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.
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
A. 6007 34
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 ESTABLISHING SUCH
FEES. SUCH AMBULATORY BEHAVIORAL HEALTH FEES TO PROVIDERS AVAILABLE
UNDER THIS SECTION SHALL BE FOR ALL RATE PERIODS ON AND AFTER THE EFFEC-
TIVE DATE OF THIS CHAPTER THROUGH DECEMBER 31, 2017, 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. 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-
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 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
A. 6007 35
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 ESTABLISHING SUCH
FEES. SUCH AMBULATORY BEHAVIORAL HEALTH FEES TO PROVIDERS AVAILABLE
UNDER THIS SECTION SHALL BE FOR ALL RATE PERIODS ON AND AFTER THE EFFEC-
TIVE DATE OF THIS CHAPTER THROUGH DECEMBER 31, 2017, 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. 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,
A. 6007 36
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 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:
A. 6007 37
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] 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,
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
A. 6007 38
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
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
A. 6007 39
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:
(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.
A. 6007 40
(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 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,
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
A. 6007 41
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.
(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
A. 6007 42
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
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
A. 6007 43
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.
(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
A. 6007 44
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, 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];
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:
A. 6007 45
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 1, 2015 THROUGH MARCH 31, 2017 the reimbursable base
year administrative and general costs of a provider of services shall
not exceed the statewide average of total reimbursable base year admin-
istrative 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] 2017 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)
A. 6007 46
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] 2020;
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] 2020 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
A. 6007 47
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] SEVENTEEN, 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] FIVE 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. Intentionally omitted.
S 25. Section 5 of chapter 21 of the laws of 2011, amending the educa-
tion law relating to authorizing pharmacists to perform collaborative
A. 6007 48
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
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
REPEALED.
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-FIVE 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] 2020;
S 29. Section 4-a of part A of chapter 56 of the laws of 2013, amend-
ing chapter 59 of the laws of 2011 amending the public health law and
other laws relating to general hospital reimbursement for annual rates,
relating to the cap on local Medicaid expenditures, is amended to read
as follows:
S 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] 2016 through March 31, [2015] 2016, 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 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] 2016 calendar year in
accordance with paragraph (c) of subdivision 10 of section 2807-c of the
A. 6007 49
public health law, provided, however, that such no greater than zero
trend factors attributable to such [2015] 2016 calendar year shall also
be applied to rates of payment provided on and after January 1, [2015]
2016 through March 31, [2015] 2016 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] 2016 through March 31, [2015] 2016, such
trend factors attributable to the [2015] 2016 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. the amendments to the opening paragraph of subdivision 7 of section
3614 of the public health law made by section fourteen of this act shall
not affect the expiration of such paragraph and shall be deemed to
expire therewith;
1-a. 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
authorities 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;
A. 6007 50
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
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
A. 6007 51
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.
(D) NO LATER THAN THE FIRST OF JULY, TWO THOUSAND FIFTEEN, THE COMMIS-
SIONER SHALL RECONVENE THE MEDICAL REDESIGN TEAM TECHNICAL ASSISTANCE
TEAM ON INDIGENT CARE REFORM FORMED AS A RESULT OF RECOMMENDATION THREE
OF THE MEDICAID REDESIGN TEAM PAYMENT REFORM AND QUALITY MEASUREMENT
WORK GROUP, IN ORDER TO DEVELOP RECOMMENDATIONS TO, IN THE EVENT OF
AGGREGATE REDUCTIONS IN FEDERAL MEDICAID DSH FUNDING, ADJUST, THE AGGRE-
GATE LEVEL OF PAYMENTS MADE PURSUANT TO CLAUSES (A) AND (B) OF SUBPARA-
GRAPH (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 IN THE CALEN-
DAR YEAR FOLLOWING THE YEAR IN WHICH SUCH REDUCTIONS IN MEDICAID DSH
TAKE EFFECT. SUCH RECOMMENDATIONS SHALL SEEK TO TARGET, TO THE EXTENT
PRACTICABLE, THE REMAINING FEDERAL MEDICAID DSH FUNDS TO SUPPORT FACILI-
TIES THAT PROVIDE A DISPROPORTIONATE SHARE OF UNCOMPENSATED CARE TO THE
UNINSURED, UNDERINSURED AND MEDICAID POPULATIONS. NO LATER THAN THE
FIRST OF DECEMBER, TWO THOUSAND FIFTEEN, THE TECHNICAL ASSISTANCE TEAM
SHALL PROVIDE ITS RECOMMENDATIONS TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT 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,
INCLUDING ANY ANALYSIS OF FACILITY IMPACTS BY REGION AND SPONSORSHIP AS
WELL AS ANY ADDITIONAL INFORMATION IT DEEMS APPROPRIATE.
(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.
A. 6007 52
(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.
(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 THAT SHALL
ALLOCATE A GREATER PROPORTION OF THE PAYMENTS TO THOSE HOSPITALS PROVID-
ING A DISPROPORTIONATE SHARE OF UNCOMPENSATED CARE TO THE UNINSURED,
UNDERINSURED AND MEDICAID POPULATIONS.
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.
A. 6007 53
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
Intentionally Omitted
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
A. 6007 54
(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
A. 6007 55
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-
A. 6007 56
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.
(H) NO HEALTH INSURER WRITING POLICIES IN THE INDIVIDUAL, GROUP, AND
LARGE GROUP MARKETS, AS LIMITED BY SUBDIVISION (A) OF THIS SECTION,
SHALL ISSUE A POLICY FOR A POLICYHOLDER REQUIRING THE PAYMENT OF THE
ASSESSMENT FOR THE OPERATING EXPENSES OF THE NEW YORK HEALTH BENEFIT
EXCHANGE BY ANY POLICYHOLDER OR MEMBER IN ADDITION TO THE REGULAR PREMI-
UM OR CONSIDERATION CHARGED THEREFORE; NOR SHALL ANY SUCH COMPANY HAVE
POWER TO LEVY OR COLLECT FUNDS FOR THE NEW YORK HEALTH BENEFIT EXCHANGE
ASSESSMENT FROM SUCH POLICYHOLDERS OR MEMBERS. THE NEW YORK HEALTH BENE-
FIT EXCHANGE ASSESSMENT SHALL BE CONSIDERED A COST OF OPERATION FOR SUCH
HEALTH INSURERS AND THE HEALTH INSURER SHALL NOT CHARGE ANY ADDITIONAL
FEE NOR INCREASE THE PREMIUM OF A POLICYHOLDER OR MEMBER AS A RESULT OF
THE NEW YORK HEALTH BENEFIT EXCHANGE ASSESSMENT. WHEN APPROVING HEALTH
INSURANCE PREMIUM INCREASES PROPOSED BY SUCH ACCIDENT AND HEALTH INSUR-
ERS THE SUPERINTENDENT SHALL ENSURE THAT NO PORTION OF SUCH PROPOSED
PREMIUM INCREASE IS BASED UPON THE COST TO THE INSURER OF PAYING THE NEW
YORK HEALTH BENEFIT EXCHANGE ASSESSMENT ESTABLISHED BY THIS SECTION.
S 2. Paragraphs (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
A. 6007 57
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
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. Intentionally omitted.
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.
A. 6007 58
(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 SHALL 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;
A. 6007 59
(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 civil practice law and rules is amended by adding a new
section 4519-a to read as follows:
S 4519-A. POSSESSION OF CONDOMS; RECEIPT INTO EVIDENCE. POSSESSION OF
A CONDOM MAY NOT BE RECEIVED IN EVIDENCE IN ANY TRIAL, HEARING OR
PROCEEDING PURSUANT TO SUBDIVISION ONE OF SECTION TWELVE AND ARTICLE TEN
OF THE MULTIPLE DWELLING LAW, SECTIONS TWELVE-A AND TWENTY-THREE HUNDRED
TWENTY OF THE PUBLIC HEALTH LAW, SECTION TWO HUNDRED THIRTY-ONE OF THE
REAL PROPERTY LAW OR SUBDIVISION FIVE OF SECTION SEVEN HUNDRED ELEVEN
AND SECTION SEVEN HUNDRED FIFTEEN OF THE REAL PROPERTY ACTIONS AND
PROCEEDINGS LAW AS EVIDENCE OF PROSTITUTION, PATRONIZING A PROSTITUTE,
PROMOTING PROSTITUTION, PERMITTING PROSTITUTION, MAINTAINING A PREMISES
FOR PROSTITUTION, LEWDNESS OR ASSIGNATION, OR MAINTAINING A BAWDY HOUSE.
S 2-a. 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 ANY OFFENSE, OR AN ATTEMPT TO COMMIT ANY OFFENSE, DEFINED IN
ARTICLE TWO HUNDRED THIRTY 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 2-b. Section 841 of the executive law is amended by adding a new
subdivision 7-b to read as follows:
7-B. TAKE SUCH STEPS AS MAY BE NECESSARY TO ENSURE THAT ALL POLICE
OFFICERS AND PEACE OFFICERS CERTIFIED PURSUANT TO SUBDIVISION THREE OF
THIS SECTION RECEIVE APPROPRIATE INSTRUCTION REGARDING THE EVIDENTIARY
PROHIBITION SET FORTH IN SECTION 60.47 OF THE CRIMINAL PROCEDURE LAW
RELATING TO THE INTRODUCTION OF CONDOMS INTO EVIDENCE IN CERTAIN CRIMI-
NAL PROSECUTIONS;
S 3. The opening paragraph of section 220.03 of the penal law, as
amended by chapter 154 of the laws of 2011, is amended to read as
follows:
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
A. 6007 60
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]; 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] THIS ARTICLE, for either another person or him
or herself because such person is experiencing a drug or alcohol over-
dose or other life threatening medical emergency as defined in paragraph
(a) of subdivision three of section 220.78 of [the penal law] THIS ARTI-
CLE.
S 4. Section 220.45 of the penal law is REPEALED.
S 5. 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:
2. (A) "Drug-related paraphernalia" consists of the following objects
used for the following purposes:
[(a)] (I) Kits, used or designed for the purpose of planting, propa-
gating, cultivating, growing or harvesting of any species of plant which
is a controlled substance or from which a controlled substance can be
derived;
[(b)] (II) Kits, used or designed for the purpose of manufacturing,
compounding, converting, producing, or preparing controlled substances;
[(c)] (III) Isomerization devices, used or designed for the purpose of
increasing the potency of any species of plant which is a controlled
substance;
[(d)] (IV) Scales and balances, used or designed for the purpose of
weighing or measuring controlled substances;
[(e)] (V) Diluents and adulterants, including but not limited to
quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or
designed for the purpose of cutting controlled substances;
[(f)] (VI) Separation gins, used or designed for the purpose of remov-
ing twigs and seeds in order to clean or refine marihuana;
[(g) Hypodermic syringes, needles and other objects, used or designed
for the purpose of parenterally injecting controlled substances into the
human body;
(h)] AND
(VII) Objects, used or designed for the purpose of ingesting, inhal-
ing, or otherwise introducing marihuana, cocaine, hashish, or hashish
oil into the human body.
(B) "DRUG-RELATED PARAPHERNALIA" SHALL NOT INCLUDE HYPODERMIC NEEDLES,
HYPODERMIC SYRINGES AND OTHER OBJECTS USED FOR THE PURPOSE OF PARENTER-
ALLY INJECTING CONTROLLED SUBSTANCES INTO THE HUMAN BODY.
S 6. Section 3381 of the public health law, as amended by section 9-a
of part B of chapter 58 of the laws of 2007, subdivisions 1, 2 and 3 as
amended by chapter 178 of the laws of 2010, is amended to read as
follows:
S 3381. Sale and possession of hypodermic syringes and hypodermic
needles. 1. It shall be unlawful for any person to sell or furnish to
another person or persons, a hypodermic syringe or hypodermic needle
except:
(a) pursuant to a prescription of a practitioner, which for the
purposes of this section shall include a patient specific prescription
form as provided for in the education law; or
A. 6007 61
(b) to persons who have been authorized by the commissioner to obtain
and possess such instruments; or
(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] FOUR of this section[.] ; OR
(D) UNDER SUBDIVISION THREE OF THIS SECTION.
2. [It shall be unlawful for any person to obtain or possess a hypo-
dermic syringe or hypodermic needle unless such possession has been
authorized by the commissioner or is pursuant to a prescription, or is
pursuant to subdivision five of this section.
3.] Any person selling or furnishing a hypodermic syringe or hypoderm-
ic needle pursuant to a prescription shall record upon the prescription,
his or her signature or electronic signature, and the date of the sale
or furnishing of the hypodermic syringe or hypodermic needle. Such
prescription shall be retained on file for a period of five years and be
readily accessible for inspection by any public officer or employee
engaged in the enforcement of this section. Such prescription may be
refilled not more than the number of times specifically authorized by
the prescriber upon the prescription, provided however no such authori-
zation shall be effective for a period greater than two years from the
date the prescription is signed.
[4] 3. The commissioner shall, subject to subdivision [five] FOUR of
this section, designate persons, or by regulation, classes of persons
who may obtain hypodermic syringes and hypodermic needles without
prescription and the manner in which such transactions may take place
and the records thereof which shall be maintained.
[5] 4. (a) A person eighteen years of age or older may obtain and
possess a hypodermic syringe or hypodermic needle pursuant to paragraph
(c) of subdivision one of this section.
(b) Subject to regulations of the commissioner, a pharmacy licensed
under article one hundred thirty-seven of the education law, a 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 prac-
tice, may obtain and possess hypodermic needles or syringes for the
purpose of selling or furnishing them pursuant to paragraph (c) of
subdivision one of this section or for the purpose of disposing of
them[, provided that such pharmacy, health care facility or health care
practitioner has registered with the department].
(c) Sale or furnishing of hypodermic syringes or hypodermic needles to
direct consumers pursuant to this subdivision by a pharmacy, health care
facility, or health care practitioner shall be accompanied by a safety
insert. Such safety insert shall be developed or approved by the commis-
sioner and shall include, but not be limited to, (i) information on the
proper use of hypodermic syringes and hypodermic needles; (ii) the risk
of blood borne diseases that may result from the use of hypodermic
syringes and hypodermic needles; (iii) methods for preventing the trans-
mission or contraction of blood borne diseases; (iv) proper hypodermic
syringe and hypodermic needle disposal practices; (v) information on the
dangers of injection drug use, and how to access drug treatment; (vi) a
A. 6007 62
toll-free phone number for information on the human immunodeficiency
virus; and (vii) information on the safe disposal of hypodermic syringes
and hypodermic needles including the relevant provisions of the environ-
mental conservation law relating to the unlawful release of regulated
medical waste. The safety insert shall be attached to or included in the
hypodermic syringe and hypodermic needle packaging, or shall be given to
the purchaser at the point of sale or furnishing in brochure form.
(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.
(e) The commissioner shall promulgate rules and regulations necessary
to implement the provisions of this subdivision which shall include: (I)
STANDARDS FOR ADVERTISING TO THE PUBLIC THE AVAILABILITY FOR RETAIL SALE
OR FURNISHING OF HYPODERMIC SYRINGES OR NEEDLES; AND (II) a requirement
that such pharmacies, health care facilities and health care practition-
ers cooperate in a safe disposal of used hypodermic needles or syringes.
(f) The commissioner may, upon the finding of a violation of this
section, suspend for a determinate period of time the sale or furnishing
of syringes by a specific entity.
[6] 5. The provisions of this section shall not apply to farmers
engaged in livestock production or to those persons supplying farmers
engaged in livestock production, provided that:
(a) Hypodermic syringes and needles shall be stored in a secure,
locked storage container.
(b) At any time the department may request a document outlining:
(i) the number of hypodermic needles and syringes purchased over the
past calendar year;
(ii) a record of all hypodermic needles used over the past calendar
year; and
(iii) a record of all hypodermic needles and syringes destroyed over
the past calendar year.
(c) Hypodermic needles and syringes shall be destroyed in a manner
consistent with the provisions set forth in section thirty-three hundred
eighty-one-a of this article.
S 7. Intentionally omitted.
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 renumbered subparagraph (vi) and a new
subparagraph (v) is added to read as follows:
(V) ADVANCED TASKS PROVIDED BY AN ADVANCED HOME HEALTH AIDE IN ACCORD-
ANCE WITH REGULATIONS DEVELOPED BY THE COMMISSIONER, IN CONSULTATION
WITH THE COMMISSIONER OF HEALTH WHICH, AT A MINIMUM, SHALL: (1) SPECIFY
THE ADVANCED TASKS THAT MAY BE PERFORMED BY ADVANCED HOME HEALTH AIDES
PURSUANT TO THIS SUBPARAGRAPH, WHICH SHALL INCLUDE THE ADMINISTRATION OF
MEDICATIONS WHICH ARE ROUTINE AND PREFILLED OR OTHERWISE PACKAGED IN A
MANNER THAT PROMOTES RELATIVE EASE OF ADMINISTRATION, PROVIDED THAT
ADMINISTRATION OF MEDICATIONS BY INJECTION OTHER THAN INSULIN FOR
A. 6007 63
DIABETES CARE, STERILE PROCEDURES, AND CENTRAL LINE MAINTENANCE SHALL BE
PROHIBITED, AND PROVIDED FURTHER THAT A SYSTEM SHALL BE ESTABLISHED THAT
ADDRESSES DRUG DIVERSION; (2) SPECIFY THAT PARTICIPATION IN THIS PROGRAM
SHALL BE VOLUNTARY AND SUCH ADVANCED TASKS PROVIDED BY AN ADVANCED HOME
HEALTH AIDE SHALL BE AT THE OPTION OF THE INDIVIDUAL; (3) PROVIDE THAT
ADVANCED TASKS PERFORMED BY ADVANCED HOME HEALTH AIDES MAY BE PERFORMED
ONLY 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 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 INITIAL AND THEREAFTER REGULAR AND ONGOING ASSESSMENT OF
THE INDIVIDUAL'S NEEDS; PROVIDED THAT THE REGISTERED PROFESSIONAL NURSE
RESPONSIBLE FOR SUPERVISING SUCH ADVANCED TASKS SHALL VISIT INDIVIDUALS
RECEIVING ACUTE SERVICES NO LESS THAN ONCE PER MONTH AND INDIVIDUALS
RECEIVING MAINTENANCE CARE NO LESS THAN ONCE EVERY SIX MONTHS AND
PROVIDED FURTHER THAT A REGISTERED PROFESSIONAL NURSE SHALL BE AVAILABLE
BY TELEPHONE TO THE ADVANCED HOME HEALTH AIDE TWENTY-FOUR HOURS A DAY,
SEVEN DAYS A WEEK; THE COMMISSIONER OF HEALTH SHALL, IN CONSULTATION
WITH THE COMMISSIONER, DETERMINE APPROPRIATE STAFFING RATIOS TO ENSURE
ADEQUATE NURSING SUPERVISION THAT SHALL NOT EXCEED ONE FULL TIME EQUIV-
ALENT OF A REGISTERED PROFESSIONAL NURSE TO FIFTY INDIVIDUALS RECEIVING
SERVICES; (4) ESTABLISH A PROCESS BY WHICH A REGISTERED PROFESSIONAL
NURSE MAY DELEGATE ADVANCED TASKS TO AN ADVANCED HOME HEALTH AIDE
PROVIDED THAT SUCH PROCESS SHALL INCLUDE, BUT NOT BE LIMITED TO (A)
ALLOWING DELEGATION OF ADVANCED TASKS TO AN ADVANCED HOME HEALTH AIDE
ONLY WHERE SUCH ADVANCED HOME HEALTH AIDE HAS DEMONSTRATED TO THE SATIS-
FACTION OF THE SUPERVISING REGISTERED PROFESSIONAL NURSE COMPETENCY IN
EVERY ADVANCED TASK THAT SUCH ADVANCED HOME HEALTH AIDE IS AUTHORIZED TO
PERFORM, (B) AUTHORIZING THE SUPERVISING REGISTERED PROFESSIONAL NURSE
TO REVOKE ANY DELEGATED ADVANCED TASK FROM AN ADVANCED HOME HEALTH AIDE
FOR ANY REASON, AND (C) AUTHORIZING MULTIPLE REGISTERED PROFESSIONAL
NURSES TO JOINTLY AGREE TO DELEGATE ADVANCED TASKS TO AN ADVANCED HOME
HEALTH AIDE, PROVIDED FURTHER THAT ONLY ONE REGISTERED PROFESSIONAL
NURSE SHALL BE REQUIRED TO DETERMINE THE ADVANCED HOME HEALTH AIDE HAS
DEMONSTRATED COMPETENCY IN THE ADVANCED TASK TO BE PERFORMED; (5)
PROVIDE THAT ADVANCED TASKS MAY BE PERFORMED ONLY IN ACCORDANCE WITH AND
PURSUANT TO AN AUTHORIZED PRACTITIONER'S ORDERED CARE; (6) PROVIDE THAT
ONLY A HOME HEALTH AIDE WHO HAS AT LEAST ONE YEAR OF EXPERIENCE AS A
CERTIFIED HOME HEALTH AIDE, HAS COMPLETED THE REQUISITE TRAINING AND
DEMONSTRATED COMPETENCIES OF AN ADVANCED HOME HEALTH AIDE AS DETERMINED
BY THE COMMISSIONER OF HEALTH, HAS SUCCESSFULLY COMPLETED COMPETENCY
EXAMINATIONS SATISFACTORY TO AND DEVELOPED OR APPROVED BY THE COMMIS-
SIONER OF HEALTH AND MEETS OTHER APPROPRIATE QUALIFICATIONS AS DETER-
MINED BY THE COMMISSIONER OF HEALTH MAY PERFORM ADVANCED TASKS AS AN
ADVANCED HOME HEALTH AIDE; (7) 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 EXAM-
INATIONS AND WHO MEETS OTHER REQUIREMENTS AS SET FORTH IN REGULATIONS
A. 6007 64
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; (8) ESTABLISH MINIMUM STAN-
DARDS OF TRAINING FOR THE PERFORMANCE OF ADVANCED TASKS BY ADVANCED HOME
HEALTH AIDES, INCLUDING (A) DIDACTIC TRAINING, (B) CLINICAL TRAINING,
AND (C) A SUPERVISED CLINICAL PRACTICUM WITH STANDARDS SET FORTH BY THE
COMMISSIONER OF HEALTH; (9) 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; (10)
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; (11) PROVIDE THAT AN ADVANCED HOME
HEALTH AIDE IS NOT REQUIRED NOR PERMITTED TO ASSESS THE MEDICATION OR
MEDICAL NEEDS OF AN INDIVIDUAL; (12) PROVIDE THAT AN ADVANCED HOME
HEALTH AIDE SHALL NOT BE AUTHORIZED TO PERFORM ANY ADVANCED TASKS OR
ACTIVITIES PURSUANT TO THIS SUBPARAGRAPH THAT ARE OUTSIDE THE SCOPE OF
PRACTICE OF A LICENSED PRACTICAL NURSE OR ANY ADVANCED TASKS THAT HAVE
NOT BEEN APPROPRIATELY DELEGATED BY THE SUPERVISING REGISTERED PROFES-
SIONAL NURSE; (13) PROVIDE THAT AN ADVANCED HOME HEALTH AIDE SHALL DOCU-
MENT MEDICATION ADMINISTRATION TO EACH INDIVIDUAL THROUGH THE USE OF A
MEDICATION ADMINISTRATION RECORD; (14) PROVIDE THAT THE SUPERVISING
REGISTERED PROFESSIONAL NURSE SHALL RETAIN THE DISCRETION TO DECIDE
WHETHER TO ASSIGN ADVANCED TASKS TO ADVANCED HOME HEALTH AIDES UNDER
THIS PROGRAM AND THE ADVANCED HOME HEALTH AIDE SHALL RETAIN THE
DISCRETION TO REFUSE A DELEGATED ADVANCED TASK AND SHALL NOT BE SUBJECT
TO COERCION OR THE THREAT OF RETALIATION; (15) NOTWITHSTANDING ANY
PROVISIONS OF SECTIONS SEVEN HUNDRED FORTY AND SEVEN HUNDRED FORTY-ONE
OF THE LABOR LAW TO THE CONTRARY, THE PROTECTIONS PROVIDED IN SUCH
SECTIONS SHALL APPLY TO INDIVIDUALS PROVIDING SUPERVISION OR ADVANCED
TASKS PURSUANT TO THIS SUBPARAGRAPH; AND (16) PROVIDE THAT NO ADVANCED
TASKS, OTHER THAN ADMINISTRATION OF MEDICATION, MAY BE PERFORMED PRIOR
TO JANUARY FIRST, TWO THOUSAND SEVENTEEN; PROVIDED THAT IN DEVELOPING
SUCH REGULATIONS, THE COMMISSIONER SHALL TAKE INTO ACCOUNT THE RECOMMEN-
DATIONS OF A WORKGROUP OF STAKEHOLDERS CONVENED BY THE COMMISSIONER OF
HEALTH IN CONSULTATION WITH THE COMMISSIONER FOR THE PURPOSE OF PROVID-
ING GUIDANCE ON THE FOREGOING; OR
S 2. Section 206 of the public health law is amended by adding a new
subdivision 29 to read as follows:
29. THE COMMISSIONER SHALL NOTIFY THE COMMISSIONER OF EDUCATION IN
ANY INSTANCE IN WHICH A REGISTERED PROFESSIONAL NURSE ENGAGES IN IMPROP-
ER BEHAVIOR WHILE SUPERVISING AN ADVANCED HOME HEALTH AIDE PURSUANT TO
SUBPARAGRAPH (V) OF PARAGRAPH A OF SUBDIVISION ONE OF SECTION SIXTY-NINE
HUNDRED EIGHT OF THE EDUCATION LAW.
S 3. 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)
OF PARAGRAPH A OF SUBDIVISION ONE OF SECTION SIXTY-NINE HUNDRED EIGHT OF
THE EDUCATION LAW AND REGULATIONS ISSUED BY THE COMMISSIONER OF EDUCA-
TION RELATING THERETO. THE COMMISSIONER SHALL PROMULGATE REGULATIONS
REGARDING SUCH AIDES, WHICH SHALL INCLUDE TRAINING, DEMONSTRATED COMPE-
TENCIES, COMPETENCY EXAMINATIONS, AND OTHER APPROPRIATE QUALIFICATIONS,
AS WELL AS A PROCESS FOR THE LIMITATION OR REVOCATION OF THE ADVANCED
A. 6007 65
HOME HEALTH AIDE'S AUTHORIZATION TO PERFORM ADVANCED TASKS IN APPROPRI-
ATE CASES.
S 4. 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 SIXTY-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 5. 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
take into consideration the recommendations of the workgroup of stake-
holders 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 encom-
passing the following matters:
(a) the advanced tasks that appropriately could be performed by
advanced home health aides with appropriate training and supervision;
(b) the types of medications that advanced home health aides should be
authorized to administer, including whether controlled substances should
be authorized;
(c) qualifications that must be satisfied by advanced home health
aides to perform such advanced tasks, including those related to experi-
ence, 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.
On or before July 1, 2015, the commissioner of health shall, in
consultation with the commissioner of education, issue a report to the
governor and the chairs of the senate and assembly health and higher
education committees setting forth the recommendations of the workgroup.
S 6. On or before January 1, 2019, the commissioner of health shall,
in consultation with the commissioner of education, issue a report on
the implementation of advanced home health aides in the state. Such
report shall include the number of advanced home health aides authorized
pursuant to this act; the types of advanced tasks that advanced home
health aides are performing; the number of individuals who were moved
out of institutionalized settings as a direct result of this act; the
extent to which advanced home health aides contributed to the improve-
ment of quality care of these individuals; the number of adverse
outcomes, including medication errors, that were reported to the depart-
ment of health; any reports of or issues with drug diversion; and the
number of advanced home health aides who had their authorization limited
or revoked. Such report shall provide recommendations to the governor
and the chairs of the senate and assembly health and higher education
committees regarding the extension and/or alteration of these provisions
and make any other recommendations related to the implementation of
advanced home health aides pursuant to this act.
A. 6007 66
S 7. This act shall take effect immediately; provided that:
a. section one of this act shall take effect January 1, 2016. Effec-
tive immediately, the commissioner of education is authorized to adopt
or amend regulations necessary to implement the provisions of section
one of this act on or before such effective date; provided, further,
that no advanced tasks shall be performed pursuant to 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, until such regu-
lations are adopted and except in conformance with such regulations; and
b. this act shall expire and be deemed repealed June 30, 2019.
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:
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-
A. 6007 67
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
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
A. 6007 68
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
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-
A. 6007 69
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
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
A. 6007 70
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
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
A. 6007 71
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 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
A. 6007 72
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 6-a. The public health law is amended by adding a new section 2827
to read as follows:
S 2827. REDUCTION OF HOURS OR CLOSURE OF A HOSPITAL-SPONSORED OFF-CAM-
PUS EMERGENCY DEPARTMENT. A FULL CERTIFICATE OF NEED (CON) REVIEW IS
REQUIRED FOR HOSPITAL-SPONSORED OFF-CAMPUS EMERGENCY DEPARTMENT
REDUCTION OF HOURS OR CLOSURE. 1. NO LATER THAN SIX MONTHS FROM RECEIV-
ING A PROPOSAL FROM A GENERAL HOSPITAL FOR THE REDUCTION OF HOURS OR
CLOSURE OF AN EMERGENCY DEPARTMENT OF SUCH GENERAL HOSPITAL, THE COMMIS-
SIONER SHALL INITIATE A FULL CON REVIEW FOR THE PURPOSE OF UNDERSTANDING
THE IMPACT OF THE REDUCTION OF HOURS OR GENERAL HOSPITAL'S EMERGENCY
DEPARTMENT CLOSURE ON ACCESS TO HEALTH CARE SERVICES OF MEMBERS OF THE
SURROUNDING COMMUNITY, INCLUDING BUT NOT LIMITED TO, RECIPIENTS OF
MEDICAL ASSISTANCE FOR NEEDY PERSONS, THE UNINSURED, AND UNDERSERVED
POPULATIONS.
2. ANY HOSPITAL-SPONSORED OFF-CAMPUS EMERGENCY DEPARTMENT REDUCTION OF
HOURS OR CLOSURE PENDING BEFORE THE DEPARTMENT OF HEALTH SHALL BE
DELAYED AND SUBJECT TO THE PROVISIONS OF SUBDIVISION ONE OF THIS
SECTION.
3. THIS SECTION SHALL ONLY APPLY TO HOSPITAL-SPONSORED OFF-CAMPUS
EMERGENCY DEPARTMENTS LOCATED IN TOWNS WITH A POPULATION GREATER THAN
TWELVE THOUSAND SIX HUNDRED AND LESS THAN TWELVE THOUSAND SEVEN HUNDRED
ACCORDING TO THE 2010 U.S. DECENNIAL CENSUS.
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
SEVENTY-TWO HOURS OF OFFICE-BASED SURGERY OR OFFICE-BASED ANESTHESIA;
(iii) unscheduled hospital admission OR ASSIGNMENT TO OBSERVATION
SERVICES, within seventy-two hours of the office-based surgery OR
OFFICE-BASED ANESTHESIA, 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
A. 6007 73
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.
(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
HEALTH CARE PROFESSIONAL ACTING WITHIN THE SCOPE OF PRACTICE OF HIS OR
HER LICENSE OR CERTIFICATION UNDER TITLE EIGHT OF THE EDUCATION LAW IN A
LOCATION OTHER THAN A HOSPITAL, AS SUCH TERM IS DEFINED IN ARTICLE TWEN-
TY-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
A. 6007 74
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 THE SUBSE-
QUENT 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 CERTIF-
ICATION BY AN APPROPRIATE CERTIFYING ORGANIZATION, HOSPITAL PRIVILEGING
OR OTHER EQUIVALENT METHODS TO DETERMINE COMPETENCY OF PRACTITIONERS TO
PERFORM OFFICE-BASED SURGERY AND OFFICE-BASED ANESTHESIA, CARRY OUT
SURVEYS OR COMPLAINT/INCIDENT INVESTIGATIONS UPON DEPARTMENT REQUEST AND
SHALL report, at a minimum, [aggregate data on adverse events] FINDINGS
OF SURVEYS AND COMPLAINT/INCIDENT INVESTIGATIONS, AND DATA for all
office-based surgical AND OFFICE-BASED ANESTHESIA practices accredited
by the accrediting agencies to the department. The department may
disclose reports of aggregate data to the public.
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.
A. 6007 75
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.
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
A. 6007 76
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. Office of community living feasibility study. (a) There is hereby
created an advisory committee to conduct an office of community living
feasibility study. Such committee shall consist of: the director of the
state office for the aging, who will also chair the committee; the
commissioner of the department of health; the director of the office for
people with developmental disabilities; the commissioner of the depart-
ment of housing and community renewal; the commissioner of the office of
temporary and disability assistance; the commissioner of the department
of transportation; the commissioner of the office of mental health; the
commissioner of the office of alcoholism and substance abuse services;
the director of the division of veterans' affairs; one representative
who is an advocate for older adults; one representative who is an advo-
cate for persons with mental illness; one representative who is an advo-
cate for persons with a substance use disorder; and one representative
who is an advocate for persons with disabilities. The director of the
office for the aging may also consult with any other agency that the
director determines should be consulted.
(b) The office of community living feasibility study shall focus on
several areas including, but not 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; reviewing the available services across all agencies to iden-
tify the adequacy of existing services to seniors, persons with disabil-
ities, and persons with behavioral health disorders; investigating over-
lap between agencies and gaps in available services; determining the
efficacy of current programs and service delivery methods; evaluating
methods for service delivery improvements; analyzing the fiscal impact
of creating such an office on services, individuals, and providers; and
exploring what impacts such an office might have on supporting older
adults, persons with disabilities, and persons with behavioral health
disorders currently living in the community, or who could be living in
the community. The advisory committee shall also examine recent federal
initiatives to create an administration 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.
(c) In order to ensure meaningful public input and comment for the
office of community living feasibility study, there shall be a series of
public meetings held across the state, organized to ensure that stake-
A. 6007 77
holders in all regions of the state are afforded an opportunity to
comment.
S 3. Office of community living feasibility study report. The advisory
committee shall submit to the governor, and to the temporary president
of the senate and the speaker of the assembly a preliminary report by
September 30, 2015. This preliminary report shall explain data
collection efforts, illustrate public comment received and state any
preliminary findings. The advisory committee shall submit a final report
to the governor, the temporary president of the senate, and the speaker
of the assembly by December 31, 2015 that outlines the results and find-
ings associated with the aforementioned collection of data and solicita-
tion of feedback.
S 4. This act shall take effect immediately.
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, 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
determination 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.
A. 6007 78
S 2. The commissioner of mental health, in consultation with the
commissioner of education, 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 and annually thereafter,
on the number of children hospitalized in hospitals operated by the
officer of mental health who received educational services from school
districts and boards of cooperative educational services pursuant to the
provisions of this act in the most recent school year and the projected
number to be served in the subsequent school year, the services provided
to these children, and the actual or projected cost of such services.
Such report shall also provide detailed proposals regarding whether
additional actions should be taken to ensure that children hospitalized
in hospitals operated by the office of mental health continue to receive
education programming and services as required by state and federal 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 the amendments to subparagraph 9 of paragraph h of subdi-
vision 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.
PART Q
Intentionally Omitted
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:
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
A. 6007 79
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, CERTIFIED OR APPROVED BY THE
OFFICE FOR PEOPLE WITH 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 PERSON CENTERED 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 PERSON CENTERED PLAN OF
CARE FOR EACH PERSON ENROLLED IN THE WAIVER. SUCH PERSON CENTERED 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 1-a. Subparagraph (v) of paragraph a of subdivision 1 of section
6908 of the education law, as amended by section 1 of part A of chapter
58 of the laws of 2014, is amended to read as follows:
(v) tasks provided by a direct support staff in programs certified or
approved by the office for people with developmental disabilities AND
HOLDING AN OPERATING CERTIFICATE PURSUANT TO PARAGRAPH 4 OF SUBDIVISION
(A) OF SECTION 16.03 OF THE MENTAL HYGIENE LAW, when performed under the
supervision of a registered professional nurse and pursuant to a memo-
A. 6007 80
randum of understanding between the office for people with developmental
disabilities and the department, in accordance with and pursuant to an
authorized practitioner's ordered care, provided that: (1) a registered
professional nurse determines, in his or her professional judgment,
which tasks are to be performed based upon the complexity of the tasks,
the skill and experience of the direct support staff, and the health
status of the individual being cared for; (2) only a direct support
staff who has completed training as required by the commissioner of the
office for people with developmental disabilities may perform tasks
pursuant to this subparagraph; (3) appropriate protocols shall be estab-
lished to ensure safe administration of medications; (4) a direct
support staff shall not assess the medication needs of an individual;
(5) adequate nursing supervision is provided, including training and
periodic inspection of performance of the tasks. The amount and type of
nursing supervision shall be determined by the registered professional
nurse responsible for supervising such task based upon the complexity of
the tasks, the skill and experience of the direct support staff, and the
health status of the individual being cared for; (6) a direct support
staff shall not be authorized to perform any tasks or activities pursu-
ant to this subparagraph that are outside the scope of practice of a
licensed practical nurse; (7) a direct support staff shall not represent
himself or herself, or accept employment, as a person licensed to prac-
tice nursing under the provisions of this article; (8) direct support
staff providing medication administration, tube feeding, or diabetic
care shall be separately certified, and shall be recertified on an annu-
al basis; (9) the registered professional nurse shall ensure that there
is a consumer specific medication sheet for each medication that is
administered; and (10) appropriate staffing ratios shall be determined
by the office for people with developmental disabilities and the depart-
ment to ensure adequate nursing supervision. No direct support staff
shall perform tasks under this subparagraph until the office for people
with developmental disabilities and the department have entered into a
memorandum of understanding to effectuate the provisions of this subpar-
agraph. The office for people with developmental disabilities shall
complete a criminal background check pursuant to section 16.33 of the
mental hygiene law and an agency background check pursuant to section
16.34 of the mental hygiene law on the direct support staff prior to the
commencement of any provision of service provided under this subpara-
graph if such direct support staff is a new hire. Individuals providing
supervision or direct support tasks pursuant to this subparagraph shall
have protection pursuant to sections seven hundred forty and seven
hundred forty-one of the labor law, where applicable;
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
A. 6007 81
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 PARAGRAPH FOUR OF SUBDIVISION
(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
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)] ONE or [(2)] TWO 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:
A. 6007 82
(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) ANY PROVIDER OF SERVICES THAT HOLDS AN OPERATING CERTIFICATE
PURSUANT TO PARAGRAPH FOUR OF SUBDIVISION (A) OF SECTION 16.03 OF THE
MENTAL HYGIENE LAW, SHALL BE AUTHORIZED TO EMPLOY PERSONS LICENSED TO
PRACTICE NURSING PURSUANT TO ARTICLE ONE HUNDRED THIRTY-NINE OF THE
EDUCATION LAW AND EXEMPT INDIVIDUALS AUTHORIZED TO PERFORM TASKS PURSU-
ANT TO SUBPARAGRAPH (V) OF PARAGRAPH A OF SUBDIVISION ONE OF SECTION
SIXTY-NINE HUNDRED EIGHT OF THE EDUCATION LAW.
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 PROVIDER OF SERVICES AS DESCRIBED IN PARA-
GRAPH FOUR OF SUBDIVISION A OF SECTION 16.03 OF THIS ARTICLE. Applica-
tions 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-
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
A. 6007 83
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 8-a. Subdivision (c) of section 16.05 of the mental hygiene law is
amended by adding a new paragraph 6-a to read as follows:
(6-A) IN THE CASE OF A PROVIDER OF SERVICES SEEKING TO PROVIDE NURSING
TASKS BY NON-LICENSED PERSONS AUTHORIZED TO PROVIDE SUCH TASKS PURSUANT
TO SUBPARAGRAPH (V) OF PARAGRAPH A OF SUBDIVISION ONE OF SECTION SIXTY-
NINE HUNDRED EIGHT OF THE EDUCATION LAW, SUCH PROVIDER SHALL AFFIRM THAT
IT WILL PROVIDE SERVICES AND TASKS IN A SAFE AND COMPETENT MANNER AND
WILL FULLY COMPLY WITH THE REQUIREMENTS OF SUCH SUBPARAGRAPH AND ANY
MEMORANDUM OF UNDERSTANDING BETWEEN THE OFFICE FOR PEOPLE WITH DEVELOP-
MENTAL DISABILITIES AND THE STATE EDUCATION DEPARTMENT PURSUANT TO SUCH
SUBPARAGRAPH. NO OPERATING CERTIFICATE SUBJECT TO THIS PARAGRAPH SHALL
BE GRANTED WITHOUT SUCH AFFIRMATION.
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:
A. 6007 84
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 REVIEW OF SUCH FACILITIES AND PROVIDERS IN IMPLE-
MENTING 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 PERIODIC VISITATION AND REVIEW OF EACH
FACILITY. REVIEWS SHALL BE MADE AS FREQUENTLY AS THE COMMISSIONER MAY
DEEM NECESSARY BUT IN ANY EVENT SUCH INSPECTIONS SHALL BE MADE ON AT
LEAST TWO OCCASIONS DURING EACH CALENDAR YEAR WHICH SHALL BE WITHOUT
PRIOR NOTICE, PROVIDED, HOWEVER, THAT WHERE, IN THE DISCRETION OF THE
COMMISSIONER, AN OPERATING CERTIFICATE HAS BEEN ISSUED TO A PROGRAM WITH
A HISTORY OF COMPLIANCE AND A RECORD OF PROVIDING A HIGH QUALITY OF
CARE, THE PERIODIC INSPECTION AND VISITATION REQUIRED BY THIS SUBDIVI-
SION SHALL BE MADE AT LEAST ONCE DURING EACH CALENDAR YEAR PROVIDED SUCH
VISIT 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. PERIODIC REVIEW OF SUCH PROVIDERS
OF SERVICES SHALL BE MADE AS FREQUENTLY AS THE COMMISSIONER MAY DEEM
NECESSARY BUT IN ANY EVENT SUCH REVIEWS SHALL BE MADE ON AT LEAST TWO
OCCASIONS DURING EACH CALENDAR YEAR, PROVIDED, HOWEVER, THAT WHERE, IN
THE DISCRETION OF THE COMMISSIONER, AN OPERATING CERTIFICATE HAS BEEN
ISSUED TO A PROVIDER OF SERVICE WITH A HISTORY OF COMPLIANCE AND A
RECORD OF PROVIDING A HIGH QUALITY OF CARE, THE PERIODIC REVIEW REQUIRED
BY THIS SUBDIVISION SHALL BE MADE AT LEAST ONCE DURING EACH CALENDAR
YEAR.
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 SERVICES, person or entity which
holds an operating certificate issued by the office, into the operation
of any facility, SERVICES 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] A REVIEW or investigation, the
commissioner or his OR HER authorized representative shall have the
power to [inspect] REVIEW 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] REVIEW or investigation under this
chapter, the commissioner or his OR HER authorized representative is
empowered to subpoena witnesses, compel their attendance, administer
A. 6007 85
oaths to witnesses, examine witnesses under oath, and require the
production of any books or papers deemed relevant to the investigation,
[inspection] REVIEW, 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] REVIEW or investigation pursuant to this article to cooper-
ate 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] REVIEW
or investigation.
S 12. Section 16.17 of the mental hygiene law, as added by chapter 786
of the laws of 1983, subdivision (a), subparagraph b of paragraph 1 and
paragraph 2 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-
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
A. 6007 86
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
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 SERVICES, 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 SERVICES 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.
A. 6007 87
(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.
(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 SERVICES 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 SERVICES, solely because of the conviction, whether in the
A. 6007 88
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
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.
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:
A. 6007 89
(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 14-a. Section 366 of the social services law is amended by adding a
new subdivision 7-b to read as follows:
7-B. SERVICES AND NEEDS ASSESSMENT. ON OR BEFORE JANUARY FIRST, TWO
THOUSAND SIXTEEN, THE ASSESSMENT COMPLETED PURSUANT TO SUBDIVISION
SEVEN-A OF THIS SECTION SHALL BE COMPLETED BY A SCIENTIFICALLY VALID AND
RELIABLE ASSESSMENT TOOL. SUCH TOOL MUST MEET INTER-RATER RELIABILITY
STANDARDS ESTABLISHED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
BILITIES IN CONJUNCTION WITH STAKEHOLDER INPUT. THE ASSESSMENT SHALL
ALSO INCLUDE AN EVALUATION OF THE INDIVIDUAL'S HOME ENVIRONMENT, INCLUD-
ING BUT NOT LIMITED TO, THE ABILITY OF FAMILY AND/OR CAREGIVERS TO
PROVIDE SUPPORTS OUTSIDE OF THOSE WITHIN THE WAIVER, INCLUDING BUT NOT
LIMITED TO, ACTIVITIES OF DAILY LIVING.
S 15. This act shall take effect immediately.
PART T
Intentionally Omitted
PART U
Intentionally Omitted
PART V
Section 1. Section 19.09 of the mental hygiene law is amended by
adding a new subdivision (j) to read as follows:
(J) THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE GAMING
COMMISSION, IS AUTHORIZED AND DIRECTED TO COMMISSION A STATEWIDE EVALU-
ATION REGARDING THE EXTENT OF LEGAL AND ILLEGAL GAMBLING BY NEW YORK
STATE RESIDENTS, INCLUDING, BUT NOT LIMITED TO THE LOTTERY, HORSE
RACING, NATIVE AMERICAN CASINOS, INTERNET GAMBLING, SPORTS BETTING, AND
POKER. SUCH EVALUATION SHALL BE DELIVERED TO THE GOVERNOR AND LEGISLA-
TURE NO LATER THAN DECEMBER FIRST, TWO THOUSAND SEVENTEEN. THE EVALU-
ATION SHALL BE PREPARED IN CONSULTATION WITH PERTINENT STAKEHOLDERS,
INCLUDING BUT NOT LIMITED TO, VOLUNTARY AGENCIES, LOCAL GOVERNMENTAL
UNITS, INDIVIDUALS WITH PROFESSIONAL RESEARCH EXPERIENCE AND EXPERTISE
IN THE APPROPRIATE FIELDS, AND ANY OTHER PERTINENT STAKEHOLDERS DEEMED
NECESSARY BY THE COMMISSIONER AND NEW YORK STATE GAMING COMMISSION TO
EFFECTUATE THE PURPOSE OF THIS SUBDIVISION.
A. 6007 90
(1) SUCH EVALUATION SHALL INCLUDE:
(A) THE PERCENTAGE OF NEW YORK RESIDENTS PARTICIPATING IN EACH GAMBL-
ING ACTIVITY BY:
(I) AGE;
(II) RACE;
(III) INCOME;
(IV) EDUCATION;
(V) SEX; AND
(VI) ANY OTHER DEMOGRAPHIC THAT WOULD BE RELEVANT TO THE EVALUATION;
AND
(B) AN ESTIMATE OF THE AMOUNT OF MONEY BEING WAGERED AND LOST BY NEW
YORK RESIDENTS IN EACH GAMBLING ACTIVITY.
(2) SUCH EVALUATION SHALL PROVIDE A CRITICAL ANALYSIS OF THE RELATION-
SHIPS BETWEEN PROBLEM GAMBLING AND BANKRUPTCY, DOMESTIC VIOLENCE,
SUICIDE, CRIME, AND ANY OTHER SOCIAL PROBLEM THAT IS RELEVANT TO THE
EVALUATION.
S 2. This act shall take effect immediately.
PART W
Section 1. Section 19.09 of the mental hygiene law is amended by
adding two new subdivisions (j) and (k) to read as follows:
(J) THE COMMISSIONER SHALL CREATE EDUCATIONAL MATERIALS REGARDING
COMPULSIVE GAMBLING FOR THE PURPOSE OF EDUCATING INDIVIDUALS THAT VOLUN-
TARILY PLACE THEMSELVES ON A SELF EXCLUSION LIST OF AN ASSOCIATION OR
CORPORATION LICENSED OR ENFRANCHISED BY THE NEW YORK STATE GAMING
COMMISSION PURSUANT TO SECTION ONE HUNDRED ELEVEN OF THE RACING,
PARI-MUTUEL WAGERING AND BREEDING LAW IMMEDIATELY UPON PLACEMENT ON SUCH
LIST. THE EDUCATIONAL MATERIALS SHALL BE MADE AVAILABLE ON THE WEBSITE
OF THE OFFICE AND SHALL INCLUDE BUT NOT BE LIMITED TO RESOURCES TO
TREATMENT.
(K) THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE GAMING
COMMISSION SHALL ESTABLISH A PROBLEM GAMBLING EDUCATION PROGRAM TO BE
COMPLETED BY ALL INDIVIDUALS THAT HAVE PLACED THEMSELVES ON A SELF
EXCLUSION LIST PURSUANT TO SECTION ONE HUNDRED ELEVEN OF THE RACING,
PARI-MUTUEL WAGERING AND BREEDING LAW, WHOM SUBSEQUENTLY REQUEST REMOVAL
FROM SUCH EXCLUSION LIST. THIS EDUCATION PROGRAM SHALL BE MADE AVAILABLE
ON THE WEBSITES OF BOTH THE OFFICE AND THE NEW YORK STATE GAMING COMMIS-
SION AND SHALL INCLUDE BUT NOT BE LIMITED TO RESOURCES TO TREATMENT.
S 2. Paragraphs (a) and (c) of subdivision 2 of section 111 of the
racing, pari-mutuel wagering and breeding law, as added by section 1 of
part A of chapter 60 of the laws of 2012, are amended to read as
follows:
(a) The commission shall promulgate rules and regulations pursuant to
which people may: voluntarily exclude themselves from entering the prem-
ises of an association or corporation licensed or enfranchised by the
commission pursuant to this chapter; RECEIVE THE REQUIRED EDUCATIONAL
MATERIALS PURSUANT TO SUBDIVISION (J) OF SECTION 19.09 OF THE MENTAL
HYGIENE LAW; AND, UPON REQUEST TO BE REMOVED FROM THE SELF EXCLUSION
LIST, COMPLETE THE PROBLEM GAMBLING EDUCATION PROGRAM PURSUANT TO SUBDI-
VISION (K) OF SECTION 19.09 OF THE MENTAL HYGIENE LAW.
(c) No voluntary order or request to exclude persons from entering the
premises of any such association, corporation, or facility may be
rescinded, canceled, or declared null and void until [seven days after a
request] SUCH INDIVIDUAL WHO IS SELF EXCLUDED COMPLETES IN PAPER OR
ELECTRONIC FORMAT, AN EDUCATIONAL PROGRAM APPROVED BY THE OFFICE PURSU-
A. 6007 91
ANT TO THE PROVISIONS OF SUBDIVISION (K) OF SECTION 19.09 OF THE MENTAL
HYGIENE LAW AND PROOF OF COMPLETION has been received by such associ-
ation, corporation, or facility to cancel such order or request.
S 3. This act shall take effect on the sixtieth day after it shall
have become a law.
PART X
Section 1. Section 4 of chapter 495 of the laws of 2004, amending the
insurance law and the public health law relating to the New York state
health insurance continuation assistance demonstration project, as
amended by section 1 of part GG of chapter 57 of the laws of 2014, is
amended to read as follows:
S 4. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that this act shall remain in
effect until July 1, [2015] 2016 when upon such date the provisions of
this act shall expire and be deemed repealed; provided, further, that a
displaced worker shall be eligible for continuation assistance retroac-
tive to July 1, 2004.
S 2. This act shall take effect immediately.
PART Y
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 Z
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
A. 6007 92
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
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")
A. 6007 93
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
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.
A. 6007 94
(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
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.
A. 6007 95
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
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
A. 6007 96
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
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
A. 6007 97
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
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
A. 6007 98
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 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
A. 6007 99
enacted or promulgated in 1985, 1986, by this act and at any other time.
Notwithstanding any provision of the insurance law, rates already estab-
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
A. 6007 100
liability pool for such applicable policy year, pursuant to the program
established in chapter 266 of the laws of 1986, as amended, no later
than June 15, 2002, June 15, 2003, June 15, 2004, June 15, 2005, June
15, 2006, June 15, 2007, June 15, 2008, June 15, 2009, June 15, 2010,
June 15, 2011, June 15, 2012, June 15, 2013, 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.
PART AA
Section 1. Section 213 of the insurance law, as added by section 1 of
part L of chapter 57 of the laws of 2007, is amended to read as follows:
S 213. New York state health [care quality and cost containment]
INSURANCE MODERNIZATION AND QUALITY CARE commission. (a) There is hereby
established within the department a commission, to be known as the "New
York state health [care quality and cost containment] INSURANCE MODERN-
IZATION AND QUALITY CARE commission". The commission shall consist of
thirteen members appointed by the governor, one of whom shall be the
superintendent OR THEIR REPRESENTATIVE, one of whom shall be the commis-
sioner of health OR THEIR REPRESENTATIVE, ONE OF WHOM SHALL BE THE EXEC-
UTIVE DIRECTOR OF THE NEW YORK STATE HEALTH INSURANCE EXCHANGE OR THEIR
REPRESENTATIVE and six of whom shall be appointed on the recommendation
of the legislative leaders, two on the recommendation of the temporary
president of the senate, two on the recommendation of the speaker of the
assembly, one on the recommendation of the minority leader of the
senate, and one on the recommendation of the minority leader of the
assembly. All members shall serve at the pleasure of the governor, and
vacancies shall be appointed in the same manner as original appoint-
ments. Members of the commission shall serve without compensation, but
shall be reimbursed for reasonable travel expenses. [In making appoint-
ments to the commission, the governor shall ensure that the interests of
A. 6007 101
health care consumers, small businesses, the medical community and
health plans are represented on the commission.] THE GOVERNOR AND
APPOINTING MEMBERS OF THE LEGISLATURE SHALL ENSURE THAT THE COMMISSION
SHALL INCLUDE ONE REPRESENTATIVE AFFILIATED WITH EACH OF THE FOLLOWING
GROUPS: (I) THE MEDICAL SOCIETY OF THE STATE OF NEW YORK; (II) THE AFL-
CIO; (III) HEALTH CARE FOR ALL NEW YORK; (IV) THE NEW YORK HEALTH PLAN
ASSOCIATION; (V) THE CONSUMER'S UNION; AND (VI) THE AMERICAN ASSOCIATION
OF RETIRED PERSONS.
(b)(1) The purpose of the commission shall be to [analyze the impact
on health insurance costs and quality of proposed legislation which
would mandate that health benefits be offered or made available in indi-
vidual and group health insurance policies, contracts and comprehensive
health service plans, including legislation that affects the delivery of
health benefits or services or the reimbursement of health care provid-
ers] ESTABLISH THE PROCESS FOR EVALUATING PROPOSED HEALTH INSURANCE
MANDATES IN ORDER TO ENSURE THAT THE CITIZENS OF NEW YORK RECEIVE THE
MOST MODERN HEALTH CARE TECHNOLOGIES AND PRACTICES AVAILABLE ON AN ONGO-
ING BASIS.
(2) BY SEPTEMBER FIRST OF THE YEAR TWO THOUSAND FIFTEEN, THE COMMIS-
SION SHALL PRODUCE AN INITIAL REPORT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, AND TO THE SPEAKER OF THE ASSEMBLY TO DESCRIBE
THE PROCESS BY WHICH, IF AUTHORIZED IN STATUTE, NEW HEALTH INSURANCE
MANDATES WOULD BE FUNDED AND IMPLEMENTED AND TO ESTABLISH A PROCESS FOR
DETERMINING THE NET IMPACT OF ANY BENEFIT MANDATES ON PREMIUMS. AT A
MINIMUM, THE REPORT SHALL DESCRIBE THE METHOD BY WHICH, CONSISTENT WITH
THE FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT, INSURERS OR
POLICYHOLDERS ARE REIMBURSED FOR ANY PREMIUM INCREASES TRIGGERED BY SUCH
NEW HEALTH INSURANCE MANDATES, AND THE MEANS BY WHICH NEW YORK STATE MAY
FUND THESE NEW HEALTH INSURANCE MANDATES.
[(2)] (3) The governor, the chair of the senate insurance committee
[and] OR the chair of the assembly insurance committee may request in
writing that the commission evaluate THE COST AND MEANS OF IMPLEMENTING
a PARTICULAR proposed mandated benefit. Upon receiving such a request,
the commission [may, by a majority vote of its members,] SHALL undertake
an evaluation of such proposed mandated benefit.
[(3)] (4) In evaluating a proposed mandated benefit, the commission
shall:
(A) investigate the current practices of health plans with regard to
the proposed mandated benefit[, and, to the extent possible, self-funded
health benefit plans];
(B) investigate the potential premium impact of the proposed mandated
[benefits] BENEFIT on all segments of the insurance market[, as well as
the potential for avoided costs through early detection and treatment of
conditions, or more cost-effective delivery of medical services] AND
WHETHER THE MANDATE WOULD TRIGGER AN ASSUMPTION OF COSTS BY THE STATE AS
DESCRIBED IN SECTION 10104 (E) (1) OF THE FEDERAL AFFORDABLE CARE ACT;
(C) STATE WHETHER SUCH BENEFIT MAY BE IMPLEMENTED ACCORDING TO THE
PROCESS DEVELOPED PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (B) OF THIS
SECTION; and
[(C)] (D) analyze the most current medical literature regarding the
proposed mandated benefit to determine its impact on health care quali-
ty.
[(4)] (5) In evaluating a proposed mandated benefit, the commission
may hold one or more public hearings, and shall strive to obtain inde-
pendent and verifiable information from diverse sources within the
A. 6007 102
healthcare industry, medical community and among health care consumers
with regard to the proposed mandated benefit.
(c) [To assist the commission in its duties, and upon the direction of
the commission, the superintendent is authorized to enter into one or
more contracts with independent entities and organizations with demon-
strable expertise in health care quality, finance, utilization and actu-
arial services. For the purposes of this section, the superintendent
shall not enter into contracts with health plans, entities or organiza-
tions owned or controlled by health plans, or with significant business
relationships with health plans.
(d) Upon completion of its] WITHIN SIXTY DAYS OF A REQUEST FOR AN
evaluation of a proposed mandated benefit pursuant to this section, the
commission shall deliver a written [report of its findings] IMPLEMENTA-
TION PLAN to the chair of the assembly insurance committee and the chair
of the senate insurance committee.
S 2. This act shall take effect immediately.
PART BB
Section 1. Section 215-b of the elder law, as added by section 27 of
part A of chapter 58 of the laws of 2008, is amended to read as follows:
S 215-b. Enriched social adult day services [demonstration project].
1. Legislative intent. Social adult day services programs are resources
that can help communities maintain the independence of [elderly resi-
dents] FUNCTIONALLY IMPAIRED ADULTS. The level of services needed by
some [elderly persons] FUNCTIONALLY IMPAIRED ADULTS exceeds the level of
assistance currently available through social model adult day services
programs but is not at the level of support provided in an adult day
health care program. Social adult day services programs cannot enroll
new participants whose needs exceed the services that can be provided in
the current social adult day services programs. Additionally, these
programs must discharge current participants when their needs cannot be
met. Therefore, an enriched social adult day services project shall be
established as a demonstration project for the purposes of maintaining
[elderly persons] FUNCTIONALLY IMPAIRED ADULTS in the community by
deterring or delaying institutionalization.
2. Definitions. For purposes of this section, the following terms
shall have the following meanings:
(a) ["Elderly" or "elderly persons" shall mean persons who are sixty
years of age or older.
(b)] "Eligible participant" shall mean [elderly or elderly persons as
defined in this section,] INDIVIDUALS who are functionally impaired, as
defined in section two hundred fifteen of this title, and in need of
services that exceed the level of assistance currently available through
social adult day services programs but not at the level of support
provided by adult day health care programs.
[(c)] (B) "Eligible entity" shall mean any not-for-profit or govern-
ment entity, including the governing body or council of an Indian tribal
reservation, who has demonstrated to the office and the department of
health, based on criteria developed by the director and the commissioner
of health, that it can safely provide either directly or through a
contract with a licensed health care practitioner or licensed home care
provider as defined in section thirty-six hundred five of the public
health law, social adult day care services as defined in section two
hundred fifteen of this title, as well as additional allowable medical
A. 6007 103
services as developed by the director and the commissioner of health,
and optional services as defined in this section.
[(d) "Enriched social adult day services demonstration project" or
"project" shall mean programs eligible under this section that provide
all of the services currently required for social adult day services
programs under section two hundred fifteen of this title in addition to
enriched services, and may include optional services.
(e)] (C) "Enriched services" shall include the [provision of total
assistance with toileting, mobility, transferring and eating;] dispens-
ing of medications by a registered nurse; health education; counseling;
case management; restorative therapies lasting less than six months and
maintenance therapies. [Total assistance with toileting, mobility,
transferring and eating shall be provided under the supervision of a
licensed health care provider.] Restorative and maintenance therapies
shall be provided by an appropriately licensed health care provider.
[(f)] (D) "Optional services" shall mean other non-medical services
approved by the director designed to improve the quality of life of
eligible participants by extending their independence, avoiding unneces-
sary hospital and nursing home stays, and sustaining their informal
supports.
3. [Demonstration project. The director, in conjunction with the
commissioner of health, is authorized and directed to establish an
enriched social adult day services demonstration project for the
purposes of testing innovative ways that social adult day services
programs can successfully enable eligible participants to remain inde-
pendent in their communities by deterring or delaying institutionaliza-
tion through the use of enriched services.
4.] Duties of the director. (a) The director, in conjunction with the
commissioner of health, [may make up to twenty grants available on a
competitive basis to eligible entities under this section. Such grants
may be available for up to two hundred thousand dollars for each
enriched social adult day services demonstration project and shall be
for up to one hundred percent of allowable expenditures for approved
services and expenses under this section] SHALL DEVELOP AN APPLICATION
PROCESS WHEREBY ELIGIBLE ENTITIES MAY APPLY FOR APPROVAL TO OFFER
ENRICHED SERVICES, OPTIONAL SERVICES, OR BOTH. SUCH APPLICATION SHALL
INCLUDE, BUT NOT BE LIMITED TO:
(1) AN ESTIMATE OF THE NUMBER OF ELIGIBLE PARTICIPANTS TO WHOM THE
ELIGIBLE ENTITY COULD EFFECTIVELY PROVIDE THE SERVICES FOR WHICH THEY
ARE APPLYING TO OFFER PURSUANT TO THIS SECTION; AND
(2) A PLAN UNDER WHICH THE ELIGIBLE ENTITY WOULD OFFER THE SERVICES
FOR WHICH THEY ARE APPLYING PURSUANT TO THIS SECTION.
(b) In [making grants] CONSIDERING APPLICATIONS MADE PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION, the director, in conjunction with the
commissioner of health, may consider:
(1) [projects] ELIGIBLE ENTITIES that can effectively serve eligible
participants residing in rural, urban, or suburban settings;
(2) [projects] ELIGIBLE ENTITIES that effectively serve culturally
diverse populations;
(3) [projects] ELIGIBLE ENTITIES that demonstrate innovative use of
technology, coordination, partnerships, transportation or other services
to enable eligible participants to be effectively served; AND
(4) [the capacity of the eligible entity to identify eligible partic-
ipants for enriched adult day services demonstration projects; and
(5)] any other criteria determined to be appropriate.
A. 6007 104
[5.] 4. Evaluation. On or before January thirtieth, two thousand
[eleven] SIXTEEN, the director shall provide the governor, the speaker
of the assembly, the temporary president of the senate, and the chair-
persons of the assembly and senate aging and health committees with a
written evaluation of the program. The evaluation shall examine the
effectiveness of the project in forestalling institutional placement,
the costs of providing enriched services in a day care setting, partic-
ipant satisfaction and program quality, and identification of the
program design elements necessary for successful replication.
[6. Funds.] 5. GRANTS. (A) THE DIRECTOR, IN CONJUNCTION WITH THE
COMMISSIONER OF HEALTH, MAY, WITHIN AMOUNTS APPROPRIATED THEREFOR, MAKE
UP TO TWENTY GRANTS AVAILABLE ON A COMPETITIVE BASIS TO ELIGIBLE ENTI-
TIES UNDER THIS SECTION. SUCH GRANTS MAY BE AVAILABLE FOR UP TO TWO
HUNDRED THOUSAND DOLLARS FOR EACH ELIGIBLE ENTITY AND SHALL BE FOR ONE
HUNDRED PERCENT OF ALLOWABLE EXPENDITURES FOR APPROVED SERVICES AND
EXPENSES UNDER THIS SECTION.
(B) IN MAKING GRANTS, THE DIRECTOR, IN CONJUNCTION WITH THE COMMIS-
SIONER OF HEALTH, MAY CONSIDER THE CRITERIA ESTABLISHED UNDER SUBDIVI-
SION THREE OF THIS SECTION.
(C) Funds made available under this [section] SUBDIVISION shall
supplement and not supplant any federal, state, or local funds expended
by any entity, including a unit of general purpose local government or
not-for-profit, to provide services under this section. Funds under this
[section] SUBDIVISION cannot pay for individuals who are eligible under
title nineteen of the federal social security act.
S 2. Section 32 of part A of chapter 58 of the laws of 2008, amending
the elder law and other laws relating to reimbursement to particular
provider pharmacies and prescription drug coverage, as amended by
section 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;] and provided, further, however, that the amendments to
subdivision 1 of section 241 of the education law made by section twen-
ty-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 3. This act shall take effect immediately.
PART CC
Section 1. Section 13.17 of the mental hygiene law is amended by
adding a new subdivision (d) to read as follows:
A. 6007 105
(D) 1. THE COMMISSIONER SHALL ENSURE FOR CONTINUITY OF CARE FOR INDI-
VIDUALS WITH A DEVELOPMENTAL DISABILITY TRANSITIONING TO LESS RESTRIC-
TIVE SETTINGS PURSUANT TO ANY CLOSURE, CONSOLIDATION, MERGER OR ANY
OTHER ACTION THAT DIMINISHES CURRENT STATE OPERATED SERVICES. THE
COMMISSIONER SHALL ENSURE THAT INDIVIDUALS WITH A DEVELOPMENTAL DISABIL-
ITY SO AFFECTED ARE GIVEN THE OPTION OF TRANSITIONING TO STATE OPERATED
SERVICES WITHIN THE DEVELOPMENTALLY DISABLED SERVICE OFFICES REGION
WHERE THEY ARE CURRENTLY RECEIVING SERVICES. IF NO SUCH STATE SERVICE AS
REQUESTED BY THE INDIVIDUALS WITH A DEVELOPMENTAL DISABILITY OR THEIR
PARENT, GUARDIAN OR ADVOCATE ARE AVAILABLE THEN SUCH INDIVIDUAL SHALL
REMAIN IN THE FACILITY OR RESIDENCE UNTIL SAID SERVICES ARE AVAILABLE.
THE COMMISSIONER SHALL DOCUMENT EACH OFFER OF STATE OPERATED OPPORTU-
NITIES AND SHALL RETAIN A RECORD OF THE SERVICES OFFERED.
2. IN THE EVENT NO SERVICES DESIRED BY THE INDIVIDUALS THAT ARE DEVEL-
OPMENTALLY DISABLED ARE EITHER AVAILABLE OR EXIST WITHIN CURRENT STATE
OPERATED SERVICES, THE OFFICE SHALL RECORD THE NAME, PARENT, GUARDIAN OR
ADVOCATE AND SERVICES THEY ARE SEEKING. THE COMMISSIONER SHALL DEVELOP A
RECORD OF SERVICES FOR STATE OPERATED SUPPORTIVE PLACEMENT OPTIONS THAT
ARE NOT AVAILABLE WITH A PLAN TO ADDRESS THE UNMET NEEDS FOR THE FOLLOW-
ING FISCAL YEAR. SUCH COMMISSIONER SHALL SUBMIT THE PLAN TO THE TEMPO-
RARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY NO LATER
THAN DECEMBER THIRTY-FIRST OF EACH YEAR.
S 2. This act shall take effect immediately.
PART DD
Section 1. Subdivision 1 of section 364-i of the social services law,
as amended by chapter 693 of the laws of 1996, is amended to read as
follows:
1. (A) An individual, upon application for medical assistance, shall
be presumed eligible for such assistance for a period of sixty days from
the date of transfer from a general hospital, as defined in section
twenty-eight hundred one of the public health law to a certified home
health agency or long term home health care program, as defined in
section thirty-six hundred two of the public health law, or to a hospice
as defined in section four thousand two of the public health law, or to
a residential health care facility as defined in section twenty-eight
hundred one of the public health law, if the local department of social
services determines that the applicant meets each of the following
criteria: [(a)] (I) the applicant is receiving acute care in such hospi-
tal; [(b)] (II) a physician certifies that such applicant no longer
requires acute hospital care, but still requires medical care which can
be provided by a certified home health agency, long term home health
care program, hospice or residential health care facility; [(c)] (III)
the applicant or his representative states that the applicant does not
have insurance coverage for the required medical care and that such care
cannot be afforded; [(d)] (IV) it reasonably appears that the applicant
is otherwise eligible to receive medical assistance; [(e)] (V) it
reasonably appears that the amount expended by the state and the local
social services district for medical assistance in a certified home
health agency, long term home health care program, hospice or residen-
tial health care facility, during the period of presumed eligibility,
would be less than the amount the state and the local social services
district would expend for continued acute hospital care for such person;
and [(f)] (VI) such other determinative criteria as the commissioner OF
HEALTH shall provide by rule or regulation. If a person has been deter-
A. 6007 106
mined to be presumptively eligible for medical assistance, pursuant to
this subdivision, and is subsequently determined to be ineligible for
such assistance, the commissioner OF HEALTH, on behalf of the state and
the local social services district shall have the authority to recoup
from the individual the sums expended for such assistance during the
period of presumed eligibility.
(B) AN INDIVIDUAL, UPON APPLICATION FOR MEDICAL ASSISTANCE, SHALL BE
PRESUMED ELIGIBLE FOR SUCH ASSISTANCE FOR A PERIOD OF SIXTY DAYS FROM
THE DATE OF RELEASE FROM A STATE CORRECTIONAL FACILITY AS DEFINED IN
PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION TWO OF THE CORRECTION LAW
OR A LOCAL CORRECTIONAL FACILITY AS DEFINED IN PARAGRAPH (A) OF SUBDIVI-
SION SIXTEEN OF SECTION TWO OF THE CORRECTION LAW. IF A PERSON HAS BEEN
DETERMINED TO BE PRESUMPTIVELY ELIGIBLE FOR MEDICAL ASSISTANCE, PURSUANT
TO THIS SUBDIVISION, AND IS SUBSEQUENTLY DETERMINED TO BE INELIGIBLE FOR
SUCH ASSISTANCE, THE COMMISSIONER OF HEALTH, ON BEHALF OF THE STATE AND
THE LOCAL SOCIAL SERVICES DISTRICT SHALL HAVE THE AUTHORITY TO RECOUP
FROM THE INDIVIDUAL THE SUMS EXPENDED FOR SUCH ASSISTANCE DURING THE
PERIOD OF PRESUMED ELIGIBILITY.
S 2. Subdivision 1 of section 368-a of the social services law is
amended by adding a new paragraph (aa) to read as follows:
(AA) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, REIMBURSEMENT
BY THE STATE FOR PAYMENTS MADE, WHETHER BY THE DEPARTMENT OF HEALTH ON
BEHALF OF A LOCAL SOCIAL SERVICES DISTRICT PURSUANT TO SECTION THREE
HUNDRED SIXTY-SEVEN-B OF THIS TITLE OR BY A LOCAL SOCIAL SERVICES
DISTRICT DIRECTLY, FOR MEDICAL ASSISTANCE FURNISHED TO AN INDIVIDUAL
PRESUMED ELIGIBLE FOR MEDICAL ASSISTANCE UNDER PARAGRAPH (B) OF SUBDIVI-
SION ONE OF SECTION THREE HUNDRED SIXTY-FOUR-I OF THIS TITLE, DURING THE
PRESUMPTIVE ELIGIBILITY PERIOD, SHALL BE MADE FOR THE FULL AMOUNT
EXPENDED FOR SUCH ASSISTANCE, AFTER FIRST DEDUCTING THEREFROM ANY FEDER-
AL FUNDS PROPERLY RECEIVED OR TO BE RECEIVED ON ACCOUNT OF SUCH EXPENDI-
TURE.
S 3. This act shall take effect immediately.
PART EE
Section 1. The mental hygiene law is amended by adding a new section
7.46 to read as follows:
S 7.46 MENTAL HEALTH CRISIS INTERVENTION DEMONSTRATION PROGRAM.
(A) PROGRAM. (1) THE COMMISSIONER SHALL ESTABLISH A MENTAL HEALTH
CRISIS INTERVENTION DEMONSTRATION PROGRAM FOR THE PURPOSE OF ASSISTING
LAW ENFORCEMENT OFFICERS IN RESPONDING TO CRISIS SITUATIONS INVOLVING
PERSONS WITH MENTAL ILLNESS.
(2) THE COMMISSIONER SHALL ESTABLISH WITHIN THE OFFICE THE POSITION OF
MENTAL HEALTH CRISIS INTERVENTION TEAM TRAINING PROGRAM COORDINATOR WHO
WILL SERVE AT THE PLEASURE OF THE COMMISSIONER AND WHO SHALL WORK WITH
ANY LAW ENFORCEMENT AGENCY IN THE STATE THAT IS A PARTICIPANT IN THE
DEMONSTRATION PROGRAM ESTABLISHED PURSUANT TO THIS SECTION OR REQUESTS
ASSISTANCE TO COORDINATE THE PROVISION OF CRISIS INTERVENTION TEAM
TRAINING TO ITS FIRST RESPONDERS AS PART OF SPECIALIZED RESPONSE TEAM OR
AS PART OF THE TRAINING FOR FIRST RESPONDERS.
(3) THE CRISIS INTERVENTION TEAM TRAINING PROGRAM COORDINATOR SHALL:
(I) WORK WITH COMMUNITIES TO DEVELOP PARTNERSHIPS, COORDINATE ACTIV-
ITIES AND PROMOTE COOPERATION AND COLLABORATION BETWEEN THE OFFICE, LAW
ENFORCEMENT AGENCIES, COMMUNITY BASED MENTAL HEALTH TREATMENT PROVIDERS,
AND PEOPLE WITH PSYCHIATRIC OR OTHER DISABILITIES AND THEIR FAMILIES TO
PROVIDE CRISIS INTERVENTION TEAM TRAINING;
A. 6007 107
(II) PROVIDE SUPPORT, TRAINING AND COMMUNITY COORDINATION TO FACILI-
TATE RELATIONSHIPS AND COLLABORATIVE EFFORTS BETWEEN MENTAL HEALTH
SERVICE PROVIDERS IN THE COMMUNITY AND LAW ENFORCEMENT AGENCIES;
(III) PROVIDE ASSISTANCE AS DEEMED APPROPRIATE BY THE COMMISSIONER IN
ESTABLISHING AND IMPLEMENTING THE CRISIS INTERVENTION TEAMS UNDER THIS
PROGRAM; AND
(IV) SUBMIT A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE NOVEMBER FIFTEENTH
OF EACH YEAR THAT CONTAINS THE FOLLOWING:
(A) A REVIEW OF ALL LAW ENFORCEMENT AGENCIES THAT HAVE PROVIDED CRISIS
INTERVENTION TEAM TRAINING TO THEIR OFFICERS AND THE NUMBER OF OFFICERS
THAT HAVE COMPLETED THE TRAINING;
(B) A LIST OF COMMUNITIES IN THIS STATE THAT HAVE IMPLEMENTED THE
CRISIS INTERVENTION TEAM TRAINING PROGRAM THROUGH TRAINING AND COORDI-
NATION, INCLUDING THE LENGTH OF IMPLEMENTATION AND CURRENT STATUS OF THE
PROGRAM;
(C) THE NUMBER OF RESPONSES MADE BY EACH CRISIS INTERVENTION TEAM
INVOLVING AN INDIVIDUAL SUSPECTED OF EXPERIENCING A CRISIS RELATED TO A
MENTAL HEALTH DIAGNOSIS AND THE OUTCOME OF SUCH INTERACTION;
(D) AN ANALYSIS OF THE GOALS DESCRIBED UNDER PARAGRAPH TWO OF SUBDIVI-
SION (B) OF THIS SECTION AND ANY RECOMMENDATIONS ON HOW OUTCOMES MAY BE
IMPROVED;
(E) RECOMMENDATIONS FOR IMPROVEMENT IN THE COMMUNITY BASED PARTNER-
SHIPS THAT SUPPORT CRISIS INTERVENTION TEAM RESPONSES; AND
(F) RECOMMENDATIONS FOR IMPROVEMENT IN THE LAW ENFORCEMENT AND PUBLIC
SAFETY AGENCIES THAT PROVIDE CRISIS INTERVENTION TEAM RESPONSES.
(B) CRISIS INTERVENTION TEAMS. (1) THE COMMISSIONER IN CONSULTATION
WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL:
(I) ESTABLISH CRITERIA FOR THE DEVELOPMENT OF CRISIS INTERVENTION
TEAMS; AND
(II) ESTABLISH, AND IMPLEMENT ON AN ONGOING BASIS, A TRAINING PROGRAM
FOR ALL CURRENT AND NEW EMPLOYEES REGARDING THE POLICIES AND PROCEDURES
ESTABLISHED PURSUANT TO THIS SECTION.
(2) THE GOALS OF THE CRISIS INTERVENTION TEAM PROGRAM SHALL INCLUDE
BUT NOT BE LIMITED TO:
(I) PROVIDING IMMEDIATE RESPONSE BY SPECIFICALLY TRAINED LAW ENFORCE-
MENT OFFICERS;
(II) REDUCE THE LIKELIHOOD OF PHYSICAL CONFRONTATION;
(III) IDENTIFY UNDERSERVED POPULATIONS WITH MENTAL ILLNESS AND REFER
THEM TO APPROPRIATE CARE;
(IV) DECREASE THE USE OF ARREST AND DETENTION OF PERSONS EXPERIENCING
MENTAL HEALTH CRISES BY PROVIDING BETTER ACCESS TO TIMELY TREATMENT;
(V) PROVIDE THERAPEUTIC LOCATIONS OR PROTOCOL FOR OFFICERS TO BRING
INDIVIDUALS IN CRISIS FOR ASSESSMENT THAT IS NOT AN INPATIENT HOSPITAL
SETTING, LAW ENFORCEMENT OR JAIL FACILITY; AND
(VI) DECREASE INJURIES TO LAW ENFORCEMENT OFFICERS DURING CRISIS
EVENTS.
(3) OTHER STATE AGENCIES SHALL PROVIDE COOPERATION AND ASSISTANCE TO
THE PROGRAM TO ASSIST IN THE EFFECTIVE PERFORMANCE OF ITS DUTIES.
S 2. The mental hygiene law is amended by adding a new section 7.47 to
read as follows:
S 7.47 INPATIENT DIVERSION PROGRAM.
(A) A LOCAL GOVERNMENTAL UNIT MAY APPLY TO ESTABLISH OR SEEK APPROVAL
OF AN EXISTING INPATIENT DIVERSION PROGRAM, IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION.
A. 6007 108
(B) THE COMMISSIONER MAY APPROVE AN INPATIENT DIVERSION PROGRAM IF HE
OR SHE DETERMINES THAT:
(I) SUCH PROGRAM IS LOCATED IN A FACILITY CERTIFIED UNDER ARTICLE
THIRTY-ONE OF THIS CHAPTER, OR CO-LOCATED IN A HOSPITAL CERTIFIED UNDER
ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW;
(II) THE PRIMARY GOAL OF THE PROGRAM IS TO DIVERT INDIVIDUALS IN
MENTAL HEALTH CRISIS FROM INPATIENT HOSPITALIZATION;
(III) THE PROGRAM HAS A MULTIDISCIPLINARY TEAM EQUIPPED TO PROVIDE
APPROPRIATE SERVICES TO INDIVIDUALS IN MENTAL HEALTH CRISIS; AND
(IV) THE PROGRAM MEETS ANY OTHER REQUIREMENTS THE COMMISSIONER DEEMS
NECESSARY TO ENSURE THE DELIVERY OF APPROPRIATE SERVICES TO INDIVIDUALS
IN MENTAL HEALTH CRISIS.
(C) APPROVAL OF A PROGRAM UNDER THIS SECTION SHALL CONTINUE FOR A
PERIOD OF TWO YEARS, UNLESS THE COMMISSIONER SEEKS TO DISCONTINUE THE
APPROVAL OF A PROGRAM FOR GOOD CAUSE. THE LOCAL GOVERNMENTAL UNIT SHALL
HAVE NOTICE AND AN OPPORTUNITY TO BE HEARD ON SUCH DISCONTINUANCE. GOOD
CAUSE SHALL INCLUDE, BUT NOT BE LIMITED TO, THE INABILITY OF THE PROGRAM
TO CONTINUE TO CARE FOR PEOPLE IN MENTAL HEALTH CRISIS AS EVIDENCED BY
THE FAILURE TO MEET THE REQUIREMENTS IN SUBDIVISION (B) OF THIS SECTION.
(D) THE LOCAL GOVERNMENTAL UNIT SHALL REAPPLY FOR APPROVAL OF AN INPA-
TIENT DIVERSION PROGRAM EVERY TWO YEARS. SUCH APPLICATION SHALL CONTAIN
THE FOLLOWING INFORMATION:
(I) THE NUMBER OF INDIVIDUALS TREATED;
(II) THE NUMBER OF INDIVIDUALS DIVERTED FROM INPATIENT HOSPITALIZA-
TION;
(III) THE NUMBER OF INDIVIDUALS HOSPITALIZED;
(IV) THE NUMBER OF INDIVIDUALS LINKED TO SERVICES; AND
(V) ANY OTHER INFORMATION THE COMMISSIONER DEEMS NECESSARY TO EVALUATE
THE EFFECTIVENESS OF THE PROGRAM.
(E) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
OR LOCAL LAW, AN AMBULANCE SERVICE AS DEFINED BY SUBDIVISION TWO OF
SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW AND ANY MEMBER THER-
EOF WHO IS AN EMERGENCY MEDICAL TECHNICIAN OR AN ADVANCED EMERGENCY
MEDICAL TECHNICIAN TRANSPORTING A PERSON TO A HOSPITAL AS AUTHORIZED BY
THIS SECTION, ANY PEACE OFFICERS, WHEN ACTING PURSUANT TO THEIR SPECIAL
DUTIES, ANY POLICE OFFICERS, WHO ARE MEMBERS OF AN AUTHORIZED POLICE
DEPARTMENT OR FORCE OR OF A SHERIFF'S DEPARTMENT, AND ANY MEMBERS OF
MOBILE CRISIS OUTREACH TEAMS APPROVED BY THE COMMISSIONER PURSUANT TO
SECTION 9.58 OF THIS CHAPTER, WHO ARE TAKING INTO CUSTODY AND TRANSPORT-
ING A PERSON TO AN INPATIENT DIVERSION PROGRAM APPROVED UNDER THIS
SECTION, AND ANY EMPLOYEE OF A LICENSED COMPREHENSIVE PSYCHIATRIC EMER-
GENCY PROGRAM, SPECIALLY TRAINED IN ACCORDANCE WITH STANDARDS DEVELOPED
BY THE COMMISSIONER, WHO TRANSPORTS A PERSON TO A HOSPITAL, SHALL NOT BE
LIABLE FOR DAMAGES FOR INJURIES ALLEGED TO HAVE BEEN SUSTAINED BY SUCH
PERSON OR FOR THE DEATH OF SUCH PERSON ALLEGED TO HAVE OCCURRED BY
REASON OF AN ACT OR OMISSION PROVIDED THAT SUCH EMERGENCY MEDICAL TECH-
NICIAN, ADVANCED EMERGENCY MEDICAL TECHNICIAN, PEACE OFFICER, POLICE
OFFICER, MOBILE CRISIS OUTREACH TEAM MEMBER, OR SPECIALLY TRAINED
EMPLOYEE OF A LICENSED COMPREHENSIVE PSYCHIATRIC EMERGENCY PROGRAM ACTED
REASONABLY AND IN GOOD FAITH. NOTHING IN THIS SECTION SHALL BE DEEMED TO
RELIEVE OR ALTER THE LIABILITY OF ANY SUCH AMBULANCE SERVICE OR MEMBERS
THEREOF, PEACE OFFICERS, POLICE OFFICERS OR SPECIALLY TRAINED EMPLOYEES
OF A LICENSED COMPREHENSIVE PSYCHIATRIC EMERGENCY PROGRAM FOR DAMAGES OR
INJURIES OR DEATH ARISING OUT OF THE OPERATION OF MOTOR VEHICLES.
S 3. This act shall take effect immediately.
A. 6007 109
PART FF
Section 1. Section 13.15 of the mental hygiene law is amended by
adding a new subdivision (c) to read as follows:
(C) SUBJECT TO AVAILABLE APPROPRIATIONS THEREFOR, THE COMMISSIONER
SHALL CONDUCT A GEOGRAPHIC ANALYSIS OF SUPPORTS AND SERVICES IN COMMUNI-
TY SETTINGS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES. THIS ANALY-
SIS SHALL ALSO IDENTIFY GAPS BETWEEN REQUIRED SUPPORTS AND SERVICES BY
REGION OF THE STATE.
(1) IN ORDER TO PERFORM THE GEOGRAPHIC ANALYSIS OR TO GATHER DATA FOR
PURPOSES OF PERFORMING THE GEOGRAPHIC ANALYSIS, THE COMMISSIONER MAY
WORK IN COOPERATION AND AGREEMENT WITH OTHER OFFICES, DEPARTMENTS OR
AGENCIES OF THE STATE, LOCAL OR FEDERAL GOVERNMENT, OR OTHER ORGANIZA-
TIONS AND INDIVIDUALS, WHICH MAY INCLUDE PROVIDERS OF SERVICES FOR
PERSONS WITH DEVELOPMENTAL DISABILITIES, REPRESENTATIVES FROM EMPLOYEE
ORGANIZATIONS REPRESENTING DIRECT CARE WORKERS, CONSUMER REPRESENTATIVES
INCLUDING PERSONS WITH DEVELOPMENTAL DISABILITIES, OR THEIR PARENTS OR
GUARDIANS.
(2) SUCH ANALYSIS SHOULD INCLUDE BUT NOT BE LIMITED TO THE STATEWIDE
NUMBER OF INDIVIDUALS SEEKING SERVICES, INCLUDING THOSE AWAITING PLACE-
MENT AND SHALL BE ORGANIZED BY THE TOTAL NUMBER OF INDIVIDUALS WITHIN
EACH REGIONAL OFFICE'S SERVICE GEOGRAPHIC AREA WHO ARE AWAITING RESIDEN-
TIAL PLACEMENT, DAY SERVICE SUPPORT, HOME AND COMMUNITY-BASED WAIVER
SUPPORT, EMPLOYMENT SUPPORT, BEHAVIORAL HEALTH SERVICES AND SUPPORTS, OR
OTHER COMMUNITY-BASED SUPPORT. SUCH ANALYSIS INFORMATION SHOULD ALSO BE
CATEGORIZED BY THE AGE OF THE INDIVIDUAL AWAITING COMMUNITY SERVICES AND
SUPPORTS AND THE AGE OF THEIR CAREGIVER, IF ANY, AND INCLUDE WAITLIST
AND PLACEMENT INFORMATION SUCH AS:
(I) THE TYPE OF SUPPORTS AND SERVICES SUCH INDIVIDUALS ARE EXPECTED TO
REQUIRE DIVIDED INTO CERTIFIED OUT-OF-HOME, SUPERVISED, SUPPORTIVE
PLACEMENT NEEDS AND OTHER NON-PLACEMENT NEEDS AND THE NUMBER OF SUCH
PERSONS WHO ARE MEDICALLY FRAIL REQUIRING INTENSIVE MEDICAL CARE;
(II) NON-CERTIFIED RESIDENTIAL PLACEMENTS OUTSIDE THE PARENT'S OR
PARENTS' OR OTHER CAREGIVER'S HOME;
(III) THE NUMBER OF INDIVIDUALS EXPECTED TO REQUIRE HOME AND COMMUNITY
SERVICES WAIVER-FUNDED HABILITATION SERVICES AT HOME;
(IV) THE TOTAL NUMBER OF INDIVIDUALS, WHO HAVE BEEN IDENTIFIED AS IN
NEED OF SUPPORTS AND SERVICES WHO HAVE RECEIVED THESE SUPPORTS AND
SERVICES AND ANY GAP BETWEEN REQUIRED SUPPORTS AND SERVICES AND THE
SUPPORTS AND SERVICES PROVIDED;
(V) THE NUMBER OF EMERGENCY NEED RESIDENTIAL PLACEMENTS FOR THE PAST
YEAR AND OTHER SUPPORTS AND SERVICES PROVIDED ON AN EMERGENCY BASIS;
(VI) THE NUMBER OF INDIVIDUALS WHO ARE CURRENTLY RECEIVING SUPPORTS
AND SERVICES, INCLUDING RESIDENTIAL SERVICES, WHOSE CURRENT LIVING SITU-
ATION IS NOT ADEQUATE TO MEET THEIR NEEDS AND WHO ARE AWAITING AN ALTER-
NATIVE PLACEMENT OR ALTERNATIVE SUPPORT AND SERVICE DELIVERY OPTIONS;
(VII) PROJECTED FUNDING REQUIREMENTS FOR INDIVIDUALS IDENTIFIED AS IN
NEED OF SERVICES PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH;
(VIII) AN UPDATED FIVE YEAR PROJECTION OF INDIVIDUALS WHO WILL REQUIRE
ADDITIONAL IN-HOME SUPPORTS AND SERVICES AND/OR OUT-OF-HOME RESIDENTIAL
PLACEMENTS; AND
(IX) ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER.
(3) THE COMMISSIONER SHALL PREPARE ANNUALLY FOR THE GOVERNOR AND THE
LEGISLATURE A WRITTEN EVALUATION REPORT CONCERNING THE DELIVERY OF
SUPPORTS AND SERVICES IN THE COMMUNITY, INCLUDING THE AGGREGATE DATA
COLLECTED PURSUANT TO THIS SECTION. ON OR BEFORE DECEMBER FIRST EACH
A. 6007 110
YEAR, THE COMMISSIONER SHALL SUBMIT A COPY OF SUCH REPORT, AND SUCH
RECOMMENDATION AS HE OR SHE DEEMS APPROPRIATE, TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE
RESPECTIVE MINORITY LEADERS OF EACH SUCH HOUSE. THE FIRST SUCH REPORT
SHALL BE DUE BY NO LATER THAN MARCH FIRST, TWO THOUSAND SIXTEEN. THE
REPORT SHALL ALSO BE MADE AVAILABLE TO THE PUBLIC AND SHALL BE PUBLISHED
ON THE OFFICE'S WEBSITE IN AN APPROPRIATE LOCATION AT THE SAME TIME AS
ITS SUBMISSION TO STATE OFFICIALS.
S 2. This act shall take effect immediately.
PART GG
Section 1. The mental hygiene law is amended by adding a new section
13.42 to read as follows:
S 13.42 TRANSFORMATION WORKGROUP.
1. THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
BILITIES SHALL ESTABLISH A TRANSFORMATION WORKGROUP FOR THE PURPOSE OF
DEVELOPING A TRANSFORMATION PLAN WHICH WILL INCLUDE RECOMMENDATIONS AND
STRATEGIES FOR MAINTAINING THE FISCAL VIABILITY OF SERVICE AND SUPPORT
DELIVERY SYSTEM FOR PERSONS WITH DISABILITIES AND INCLUDE STRATEGIES
THAT WILL ENABLE THE OFFICE TO COMPLY WITH FEDERAL AND STATE SERVICE
DELIVERY REQUIREMENTS AND PROVIDE APPROPRIATE LEVELS OF CARE.
2. THE WORKGROUP SHALL BE COMPRISED OF THE COMMISSIONER OR HIS OR HER
DESIGNEE; ORGANIZATIONS OR ASSOCIATIONS WHICH REPRESENT THE INTERESTS OF
PERSONS WITH DISABILITIES, WHICH MAY INCLUDE PROVIDERS OF SERVICES,
CONSUMER REPRESENTATIVES, ADVOCACY GROUPS, PERSONS WITH DEVELOPMENTAL
DISABILITIES OR THEIR PARENTS OR GUARDIANS; AND AT THE DISCRETION OF THE
COMMISSIONER ANY OTHER INDIVIDUAL, ENTITY, OR STATE AGENCY ABLE TO
SUPPORT THE WORKGROUP IN COMPLETING ITS TASKS DESCRIBED UNDER THIS
SECTION.
3. WORKGROUP MEMBERS SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES
AS MEMBERS OF THE WORKGROUP, BUT MAY BE REIMBURSED FOR ACTUAL AND NECES-
SARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
4. TRANSFORMATION PLAN. THE WORKGROUP SHALL DEVELOP A TRANSFORMATION
PLAN AS WELL AS MAKE RECOMMENDATIONS FOR THE EXECUTION OF SUCH PLAN. THE
PLAN WILL INCLUDE BUT NOT BE LIMITED TO AN ANALYSIS OF THE FOLLOWING:
(A) IDENTIFYING THE NEED FOR HOUSING AND RESIDENTIAL OPPORTUNITIES FOR
PEOPLES WITH DISABILITIES, AND AN IDENTIFICATION OF ANY SHORTFALLS IN
SERVICES, SUPPORTS, OR OPPORTUNITIES;
(B) PROVIDING A TIMELINE FOR TRANSITIONING SHELTERED WORKSHOPS TO A
MORE INTEGRATED SETTING AND TRANSITIONING INDIVIDUALS, TO THE EXTENT
CONSISTENT WITH THEIR SERVICE PLAN, INTO INTEGRATED EMPLOYMENT;
(C) INCREASING INTEGRATED EMPLOYMENT OPPORTUNITIES AND ALTERNATIVES TO
INTEGRATED EMPLOYMENT FOR INDIVIDUALS WITH DISABILITIES WHO MAY NOT
BENEFIT FROM SUCH WORK ENVIRONMENT;
(D) IDENTIFYING A TIMELINE FOR IMPLEMENTING AN EVIDENCE BASED AND
EMPIRICALLY VALIDATED ASSESSMENT TOOL; AND
(E) FISCAL VIABILITY AND CLINICAL APPROPRIATENESS OF TRANSITIONING
OPWDD SERVICES AND SUPPORTS INTO A MANAGED CARE PAYMENT MODEL.
5. THE WORKGROUP SHALL PUBLISH AND SUBMIT A SEMI-ANNUAL REPORT TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE
ASSEMBLY BY DECEMBER FIRST, TWO THOUSAND FIFTEEN AND EVERY SIX MONTHS
THEREAFTER. THE OFFICE SHALL POST SUCH REPORT ON ITS OFFICIAL WEBSITE.
THE REPORT SHALL INCLUDE ALL RECOMMENDATIONS AND STRATEGIES DEVELOPED BY
THE WORKGROUP INCLUDING ANY POLICY, RULE, OR REGULATION CHANGE AND ESTI-
MATED DATES AND TIMEFRAME TO IMPLEMENT ANY RECOMMENDATION OR STRATEGY.
A. 6007 111
S 2. 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 GG of this act shall be
as specifically set forth in the last section of such Parts.
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.