S T A T E   O F   N E W   Y O R K
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                                  7354

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2015
                               ___________

Introduced by M. of A. PICHARDO -- read once and referred to the Commit-
  tee on Health

AN  ACT to amend the public health law, in relation to managed long term
  care plans not being controlled or owned by for-profit health  mainte-
  nance organizations or insurers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 1 of  section  4403-f  of  the
public  health  law,  as  added  by  chapter 659 of the laws of 1997, is
amended to read as follows:
  (b) "Eligible applicant" means an entity controlled or wholly owned by
one or more of the following: a hospital as defined in  subdivision  one
of  section twenty-eight hundred one of this chapter; a home care agency
licensed or certified pursuant to article thirty-six  of  this  chapter;
[an] A NOT-FOR-PROFIT entity that has received a certificate of authori-
ty  pursuant  to  sections  forty-four hundred three, forty-four hundred
three-a or AN INTEGRATED DELIVERY SYSTEM THAT HAS RECEIVED A CERTIFICATE
OF AUTHORITY PURSUANT TO SECTION  forty-four  hundred  eight-a  of  this
article  (as  added  by  chapter  six hundred thirty-nine of the laws of
nineteen hundred ninety-six), or  a  NOT-FOR-PROFIT  health  maintenance
organization  authorized under article forty-three of the insurance law;
or a not-for-profit organization which has a  history  of  providing  or
coordinating  health  care  services  and long term care services to the
elderly and  disabled;  PROVIDED,  HOWEVER,  THAT  AN  ENTITY  OWNED  OR
CONTROLLED  BY  AN  ENTITY  THAT HAS RECEIVED A CERTIFICATE OF AUTHORITY
PURSUANT TO SECTION  FORTY-FOUR  HUNDRED  THREE  OR  FORTY-FOUR  HUNDRED
THREE-A  OF  THIS  ARTICLE  AND  HAS RECEIVED A CERTIFICATE OF AUTHORITY
UNDER THIS SECTION PRIOR TO THE EFFECTIVE DATE OF  THE  CHAPTER  OF  THE
LAWS  OF  TWO  THOUSAND  FIFTEEN  WHICH  AMENDED THIS PARAGRAPH SHALL BE
DEEMED TO BE AN ELIGIBLE APPLICANT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02424-01-5

              

A. 7354                             2

  S 2. This act shall take effect immediately; provided,  however,  that
the  amendments  to  section  4403-f  of  the  public health law made by
section one of this act shall not affect the repeal of such section  and
shall be deemed repealed therewith.