S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 7507                                                  A. 9507
 
                       S E N A T E - A S S E M B L Y
 
                             January 18, 2018
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when printed to be committed to the Committee on Finance
 
 IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
   article seven of the Constitution -- read once  and  referred  to  the
   Committee on Ways and Means

 AN  ACT  to  amend  the public health law, in relation to establishing a
   temporary workgroup on capital rate methodology for  capital  expendi-
   tures  to  hospitals  and residential nursing facilities; and to amend
   the social services law, in relation to standard coverage for physical
   therapy services under medical assistance for needy  persons  programs
   (Part  A);  to amend the public health law, in relation to payments to
   residential health care facilities; to amend the social  services  law
   and  the  public  health  law,  in relation to assisted living program
   providers licensed in the state; to amend the social services law,  in
   relation to payments for certain medical assistance provided to eligi-
   ble persons participating in the New York traumatic brain injury waiv-
   er  program;  and  to  repeal certain provisions of section 366 of the
   social services law relating to furnishing  medical  assistance  (Part
   B);  to  amend  the  social services law and the public health law, in
   relation to health homes and  penalties  for  managed  care  providers
   (Part  C); to amend the social services law and the public health law,
   in relation to drug coverage,  updating  the  professional  dispensing
   fee,  copayments, pharmacist physician collaboration and comprehensive
   medication management; and to repeal certain provisions of the  social
   services  law  relating thereto (Part D); to amend the social services
   law, in relation to reimbursement of transportation costs,  reimburse-
   ment of emergency transportation services and supplemental transporta-
   tion  payments;  and repealing certain provisions of such law relating
   thereto (Part E); providing for not-for-profit and tax  exempt  corpo-
   rations'  Medicaid  capitation  rates  (Part  F);  to amend the public
   health law, in relation to authorizing  certain  retail  practices  to
   offer  health  services  (Part  G);  to  amend  the  education law, in
   relation to the practice of  nursing  by  certified  registered  nurse
   anesthetists (Part H); to amend the social services law and the public
   health  law,  in  relation  to managed care organizations (Part I); to
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12671-01-8

 S. 7507                             2                            A. 9507
 
   amend the state finance law, in relation to the false claims act (Part
   J); authorizing the department of health  to  require  certain  health
   care providers to report on costs incurred; and to amend chapter 59 of
   the  laws of 2011 amending the public health law and other laws relat-
   ing to known and projected department of health  state  fund  medicaid
   expenditures,  in  relation to extending the medicaid global cap (Part
   K); to amend the social services law and the  public  health  law,  in
   relation  to  the  child  health  insurance program (Part L); to amend
   chapter 266 of the laws of 1986, amending the civil practice  law  and
   rules  and other laws relating to malpractice and professional medical
   conduct, in relation to apportioning premium for certain policies;  to
   amend part J of chapter 63 of the laws of 2001 amending chapter 266 of
   the  laws of 1986, amending the civil practice law and rules and other
   laws relating to malpractice and professional medical conduct,  relat-
   ing  to  the  effectiveness  of certain provisions of such chapter, in
   relation to  extending  certain  provisions  concerning  the  hospital
   excess  liability  pool; and to amend part H of chapter 57 of the laws
   of 2017, amending the New York Health Care  Reform  Act  of  1996  and
   other  laws relating to extending certain provisions relating thereto,
   in relation to extending provisions relating to excess coverage  (Part
   M);  to amend part C of chapter 57 of the laws of 2006, establishing a
   cost of living adjustment for designated human services,  in  relation
   to the determination thereof; and to repeal certain provisions thereof
   relating to eligible programs (Part N); to amend the public health law
   and  the  insurance law, in relation to the early intervention program
   for infants and toddlers with disabilities and  their  families  (Part
   O); to amend the public health law, in relation to the empire clinical
   research  investigator  program and hospital resident hour audits; and
   to repeal certain provisions of the public health law relating thereto
   (Part P); to amend the public health law, in relation  to  the  health
   care  facility  transformation  program  (Part Q); to amend the public
   health law, the executive law, and the real property law, in  relation
   to lead abatement and enforcement (Part R); to amend the public health
   law  and  the social services law, in relation to the establishment of
   community paramedicine collaboratives (Subpart A); to amend the public
   health law and the mental  hygiene  law,  in  relation  to  integrated
   services  (Subpart B); and to amend the public health law, in relation
   to the definitions of telehealth provider, originating site and remote
   patient monitoring (Subpart C)(Part S); to amend  chapter  59  of  the
   laws of 2016, amending the social services law and other laws relating
   to  authorizing  the  commissioner of health to apply federally estab-
   lished consumer price index penalties for generic drugs, and authoriz-
   ing the commissioner of health to impose  penalties  on  managed  care
   plans  for  reporting late or incorrect encounter data, in relation to
   the effectiveness of certain provisions  of  such  chapter;  to  amend
   chapter  58  of the laws of 2007, amending the social services law and
   other laws relating to adjustments of rates, in relation to the effec-
   tiveness of certain provisions of such chapter; to amend chapter 54 of
   the laws of 2016, amending part C of chapter 58 of the laws  of  2005,
   authorizing  reimbursements  for  expenditures made by or on behalf of
   social services districts for medical assistance for needy persons and
   administration thereof, in relation to the effectiveness  thereof;  to
   amend  chapter  906  of the laws of 1984, amending the social services
   law relating to expanding medical assistance eligibility and the scope
   of  services  available  to  certain  persons  with  disabilities,  in
   relation  to the effectiveness thereof; and to amend chapter 56 of the

 S. 7507                             3                            A. 9507
 
   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 payments (Part T); to amend part
   NN  of  chapter 58 of the laws of 2015 amending the mental hygiene law
   relating to clarifying the  authority  of  the  commissioners  in  the
   department  of  mental  hygiene  to  design and implement time-limited
   demonstration programs, in relation to the effectiveness thereof (Part
   U); to amend chapter 62 of the  laws  of  2003,  amending  the  mental
   hygiene law and the state finance law relating to the community mental
   health  support  and workforce reinvestment program, the membership of
   subcommittees for mental health of community services boards  and  the
   duties  of such subcommittees and creating the community mental health
   and workforce reinvestment account,  in  relation  to  extending  such
   provisions  relating thereto (Part V); to amend the criminal procedure
   law, in relation to amending the definition  of  appropriate  institu-
   tion;  and providing for the repeal of such provisions upon expiration
   thereof (Part W); to amend 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  X);  to  amend  the  education  law, in
   relation  to  persons  practicing  in  certain  licensed  programs  or
   services  who  are  exempt from practice requirements of professionals
   licensed by the department of education; to amend chapter 420  of  the
   laws of 2002, amending the education law relating to the profession of
   social  work,  in  relation  to  extending  the  expiration of certain
   provisions thereof; to amend chapter 676 of the laws of 2002, amending
   the education law relating to the practice of psychology, in  relation
   to  extending the expiration of certain provisions; and to amend chap-
   ter 130 of the laws of 2010, amending the education law and other laws
   relating to the registration of  entities  providing  certain  profes-
   sional  services  and licensure of certain professions, in relation to
   extending certain provisions thereof (Part Y);  to  amend  the  social
   services  law,  in relation to adding demonstration waivers to waivers
   allowable for home and community-based services; to amend  the  social
   services law, in relation to adding successor federal waivers to waiv-
   ers granted under subsection (c) of section 1915 of the federal social
   security  law,  in relation to nursing facility services; to amend the
   social services law, in relation to waivers for high quality and inte-
   grated care; to amend part C of chapter 58 of the laws of 2007, amend-
   ing 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 fiscal year,  in  relation  to
   the  effectiveness  thereof;  to  amend  the  mental  hygiene  law, in
   relation to adding new and successor federal  waivers  to  waivers  in
   relation  to  home  and  community-based  services; to amend part A of
   chapter 56 of the laws of 2013, 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
   2013-2014  state  fiscal  year,  in  relation  to the effectiveness of
   certain provisions  thereof;  to  amend  the  public  health  law,  in
   relation to expansion of comprehensive health services 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 communi-
   ties, in relation to extending provisions thereof; to amend the public

 S. 7507                             4                            A. 9507
 
   health law, in relation to managed long term care  plans,  health  and
   long  term  care  services  and  developmental  disability  individual
   support and care coordination organizations; to amend chapter  165  of
   the laws of 1991, amending the public health law and other laws relat-
   ing  to  establishing  payments for medical assistance, in relation to
   extending the provisions thereof; to amend the mental hygiene law,  in
   relation  to reimbursement rates; and to amend chapter 710 of the laws
   of 1988, amending the social services law and the education law relat-
   ing to medical assistance eligibility of certain persons and providing
   for managed  medical  care  demonstration  programs,  in  relation  to
   extending  the  provisions  thereof  (Part  Z); and to amend part C of
   chapter 57 of the laws of 2006, relating to  establishing  a  cost  of
   living  adjustment for designated human services programs, in relation
   to the inclusion and development of certain cost of living adjustments
   (Part AA)
 
   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 2018-2019
 state fiscal year. Each component is  wholly  contained  within  a  Part
 identified as Parts A through AA. 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. The public health law is amended by adding  a  new  section
 2827 to read as follows:
   §  2827.  TEMPORARY  WORKGROUP  ON CAPITAL RATE METHODOLOGY.   (A) THE
 COMMISSIONER SHALL CONVENE A TEMPORARY WORKGROUP COMPRISED OF  REPRESEN-
 TATIVES  OF  HOSPITALS  AND  RESIDENTIAL  NURSING FACILITIES, AS WELL AS
 REPRESENTATIVES FROM THE  DEPARTMENT,  TO  DEVELOP  RECOMMENDATIONS  FOR
 STREAMLINING  THE  CAPITAL  REIMBURSEMENT  METHODOLOGY  TO ACHIEVE A ONE
 PERCENT REDUCTION IN CAPITAL EXPENDITURES TO HOSPITALS  AND  RESIDENTIAL
 NURSING  FACILITIES, INCLUDING ASSOCIATED SPECIALTY AND ADULT DAY HEALTH
 CARE UNITS. PENDING THE DEVELOPMENT OF THE  WORKGROUP'S  RECOMMENDATIONS
 AND  THE  IMPLEMENTATION  OF  ANY  SUCH  RECOMMENDATIONS ACCEPTED BY THE
 COMMISSIONER, THE COMMISSIONER SHALL BE AUTHORIZED TO REDUCE THE OVERALL
 AMOUNT OF CAPITAL REIMBURSEMENT AS NECESSARY TO ACHIEVE  A  ONE  PERCENT
 REDUCTION  IN  CAPITAL EXPENDITURES BEGINNING WITH STATE FISCAL YEAR TWO
 THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN.
   (B) THE COMMISSIONER MAY  PROMULGATE  REGULATIONS  TO  EFFECTUATE  THE
 PROVISIONS OF THIS SECTION.
   §  2.  Subdivision  5-d of section 2807-k of the public health law, as
 amended by section 1 of part E of chapter 57 of the  laws  of  2015,  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

 S. 7507                             5                            A. 9507
 
 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 [eigh-
 teen]  NINETEEN,  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  [eighteen] NINETEEN calendar
 years shall be in accord with the following:
   (A) one hundred thirty-nine  million  four  hundred  thousand  dollars
 shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
 payments to major public general hospitals; and
   (B)  nine hundred ninety-four million nine hundred thousand dollars as
 Medicaid DSH payments to eligible general hospitals,  other  than  major
 public general hospitals.
   (iii)(A)  Such  regulations  shall establish transition adjustments to
 the distributions made pursuant to clauses (A) and (B)  of  subparagraph
 (ii)  of this paragraph such that no facility experiences a reduction in
 indigent care pool payments pursuant to this subdivision that is greater
 than the percentages, as specified in clause (C) of this subparagraph as
 compared to the average distribution that each  such  facility  received
 for  the three calendar years prior to two thousand thirteen pursuant to
 this section and section twenty-eight hundred seven-w of this article.
   (B) Such regulations shall also  establish  adjustments  limiting  the
 increases  in  indigent  care  pool  payments  experienced by facilities
 pursuant to this subdivision by an amount that will be, as determined by
 the commissioner and in conjunction with such other funding  as  may  be
 available  for  this  purpose, sufficient to ensure full funding for the
 transition adjustment payments authorized by clause (A) of this subpara-
 graph.
   (C) No facility shall experience a reduction  in  indigent  care  pool
 payments pursuant to this subdivision that: for the calendar year begin-
 ning  January first, two thousand thirteen, is greater than two and one-
 half percent; for the calendar year beginning January first,  two  thou-
 sand  fourteen, is greater than five percent; and, for the calendar year
 beginning on January first, two thousand  fifteen[,];  is  greater  than
 seven and one-half percent, and for the calendar year beginning on Janu-
 ary  first,  two  thousand sixteen, is greater than ten percent; and for
 the calendar year beginning on January first, two thousand seventeen, is

 S. 7507                             6                            A. 9507
 
 greater than twelve and one-half percent;  and  for  the  calendar  year
 beginning  on  January  first,  two  thousand  eighteen, is greater than
 fifteen percent; AND FOR THE CALENDAR YEAR BEGINNING ON  JANUARY  FIRST,
 TWO THOUSAND NINETEEN, IS GREATER THAN SEVENTEEN AND ONE-HALF PERCENT.
   (iv) Such regulations shall reserve one percent of the funds available
 for  distribution  in the two thousand fourteen and two thousand fifteen
 calendar years, and for calendar  years  thereafter,  pursuant  to  this
 subdivision,  subdivision  fourteen-f  of  section  twenty-eight hundred
 seven-c of this article, and sections two hundred eleven and two hundred
 twelve of chapter four hundred seventy-four  of  the  laws  of  nineteen
 hundred  ninety-six,  in  a  "financial  assistance compliance pool" and
 shall establish methodologies for the distribution of such pool funds to
 facilities based on their level of  compliance,  as  determined  by  the
 commissioner, with the provisions of subdivision nine-a of this section.
   (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.
   § 3. Subdivision 14-a of section 2807 of the  public  health  law,  as
 added  by  section  11  of  part B of chapter 57 of the laws of 2015, is
 amended to read as follows:
   14-a. (A) Notwithstanding any provision of law to  the  contrary,  and
 subject  to federal financial participation, the commissioner is author-
 ized to establish, pursuant to regulations, a statewide general hospital
 quality pool for the purpose of incentivizing and  facilitating  quality
 improvements in general hospitals.
   (B) SUCH REGULATIONS SHALL INCLUDE PROVISIONS:
   (I)  TO  CREATE A PERFORMANCE TARGET TO REDUCE POTENTIALLY PREVENTABLE
 EMERGENCY DEPARTMENT VISITS;
   (II) TO REDUCE OR ELIMINATE THE PAYMENT OF THE RATES, PUBLISHED BY THE
 DEPARTMENT ON THE HOSPITAL INPATIENT PUBLICATION SCHEDULES AND  HOSPITAL
 AMBULATORY  PATIENT  GROUP  SCHEDULES,  WHICH ARE PAID BY CONTRACTORS TO
 HOSPITALS, BASED ON THE QUALITY AND  SAFETY  SCORES  OF  A  HOSPITAL  AS
 DETERMINED BY THE DEPARTMENT; AND
   (III)  TO  FACILITATE  NECESSARY QUALITY IMPROVEMENTS IN HOSPITALS, AS
 DETERMINED BY THE COMMISSIONER.
   (C) Awards from such pool shall be subject to approval by the director
 of budget. If federal financial participation is unavailable,  then  the
 non-federal  share  of  awards  made pursuant to this subdivision may be
 made as state grants.
   [(a)] (D) 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.
   [(b)] (E) 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 commit-
 tee, the assembly ways and means committee, and the senate and  assembly
 health  committees  with  regard to the intent to distribute such funds.

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 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.
   (F) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW OR REGULATION TO
 THE  CONTRARY,  THE  HOSPITAL  QUALITY  POOL  SHALL ALLOCATE TEN MILLION
 DOLLARS ANNUALLY TO EXPAND PREVENTATIVE SERVICES AS THE COMMISSIONER MAY
 DETERMINE IN REGULATION. SUCH PREVENTATIVE SERVICES MAY INCLUDE BUT  NOT
 BE  LIMITED  TO MENTAL HEALTH COUNSELING PROVIDED BY A LICENSED CLINICAL
 SOCIAL WORKER OR A LICENSED  MASTER  SOCIAL  WORKER,  PHYSICAL  THERAPY,
 DIABETES PREVENTION, OR TREATMENT BY AN APPLIED BEHAVIOR ANALYST.
   §  4. Subparagraph (ii) of paragraph (f) of subdivision 2-a of section
 2807 of the public health law, as amended by section 43  of  part  B  of
 chapter 58 of the laws of 2010, is amended to read as follows:
   (ii)  notwithstanding the provisions of paragraphs (a) and (b) of this
 subdivision, for periods on and after January first, two thousand  nine,
 the  following  services provided by general hospital outpatient depart-
 ments and diagnostic and treatment  centers  shall  be  reimbursed  with
 rates  of payment based entirely upon the ambulatory patient group meth-
 odology as described in paragraph (e)  of  this  subdivision,  provided,
 however,  that  the  commissioner may utilize existing payment methodol-
 ogies or may promulgate  regulations  establishing  alternative  payment
 methodologies for one or more of the services specified in this subpara-
 graph,  effective  for  periods  on  and after March first, two thousand
 nine:
   (A) services provided in accordance with the provisions of  paragraphs
 (q)  and (r) of subdivision two of section three hundred sixty-five-a of
 the social services law; and
   (B) all services, but only with regard to additional payment  amounts,
 as  determined  in accordance with regulations issued in accordance with
 paragraph (e) of this subdivision, for the provision  of  such  services
 during times outside the facility's normal hours of operation, as deter-
 mined in accordance with criteria set forth in such regulations; and
   (C)  individual  psychotherapy  services  provided  by licensed social
 workers, in accordance with licensing criteria set forth  in  applicable
 regulations[,  to  persons  under  the  age of twenty-one and to persons
 requiring such services as a result of or related to pregnancy or giving
 birth]; and
   (D) individual psychotherapy  services  provided  by  licensed  social
 workers,  in  accordance with licensing criteria set forth in applicable
 regulations, at diagnostic and treatment centers that  provided,  billed
 for,  and received payment for these services between January first, two
 thousand seven and December thirty-first, two thousand seven;
   (E) services provided to pregnant women pursuant to paragraph  (s)  of
 subdivision  two  of  section  three  hundred sixty-five-a of the social
 services law and, for periods on and after January first,  two  thousand
 ten,  all  other  services  provided  pursuant to such paragraph (s) and
 services provided pursuant  to  paragraph  (t)  of  subdivision  two  of
 section three hundred sixty-five-a of the social services law;
   (F)  wheelchair  evaluation services and eyeglass dispensing services;
 and

 S. 7507                             8                            A. 9507
 
   (G) immunization services, effective  for  services  rendered  on  and
 after June tenth, two thousand nine.
   §  5.  Paragraph  (h)  of subdivision 2 of section 365-a of the social
 services law, as amended by chapter 220 of the laws of 2011, is  amended
 to read as follows:
   (h)  speech therapy, and when provided at the direction of a physician
 or nurse practitioner, physical therapy including related rehabilitative
 services and occupational therapy; provided, however, that speech thera-
 py[, physical therapy] and occupational therapy [each] shall be  limited
 to coverage of twenty visits per year; PHYSICAL THERAPY SHALL BE LIMITED
 TO COVERAGE OF FORTY VISITS PER YEAR; such limitation shall not apply to
 persons  with  developmental  disabilities or, notwithstanding any other
 provision of law to the contrary, to persons with traumatic brain  inju-
 ry;
   § 6. This act shall take effect immediately.
 
                                  PART B
 
   Section 1. Subdivision 2-c of section 2808 of the public health law is
 amended by adding a new paragraph (g) to read as follows:
   (G)  THE  COMMISSIONER  SHALL REDUCE MEDICAID REVENUE TO A RESIDENTIAL
 HEALTH CARE FACILITY IN A PAYMENT YEAR BY TWO PERCENT IF IN EACH OF  THE
 TWO  MOST  RECENT  PAYMENT  YEARS  FOR WHICH NEW YORK STATE NURSING HOME
 QUALITY INITIATIVE DATA IS AVAILABLE, THE FACILITY  WAS  RANKED  IN  THE
 LOWEST  TWO  QUINTILES  OF  FACILITIES BASED ON ITS NURSING HOME QUALITY
 INITIATIVE PERFORMANCE, AND WAS RANKED IN THE  LOWEST  QUINTILE  IN  THE
 MOST  RECENT PAYMENT YEAR. THE COMMISSIONER MAY WAIVE THE APPLICATION OF
 THIS PARAGRAPH TO A FACILITY IF THE  COMMISSIONER  DETERMINES  THAT  THE
 FACILITY IS IN EXTREME FINANCIAL DISTRESS.
   §  2.  Subdivision  3  of  section 461-l of the social services law is
 amended by adding four new paragraphs (k), (l), (m) and (n) to  read  as
 follows:
   (K)(I)  EXISTING  ASSISTED  LIVING  PROGRAM  PROVIDERS  LICENSED ON OR
 BEFORE APRIL FIRST, TWO THOUSAND EIGHTEEN MAY APPLY  TO  THE  DEPARTMENT
 FOR UP TO NINE ADDITIONAL ASSISTED LIVING PROGRAM BEDS, BY A DEADLINE TO
 BE DETERMINED BY THE DEPARTMENT. THE DEPARTMENT MAY UTILIZE AN EXPEDITED
 REVIEW PROCESS TO ALLOW ELIGIBLE APPLICANTS IN GOOD STANDING THE ABILITY
 TO BE LICENSED FOR THE ADDITIONAL BEDS WITHIN NINETY DAYS OF THE DEPART-
 MENT'S  RECEIPT  OF  A SATISFACTORY APPLICATION. ELIGIBLE APPLICANTS ARE
 THOSE THAT: DO NOT REQUIRE MAJOR RENOVATION OR CONSTRUCTION; SERVE  ONLY
 PUBLIC PAY INDIVIDUALS; AND ARE IN SUBSTANTIAL COMPLIANCE WITH APPROPRI-
 ATE STATE AND LOCAL REQUIREMENTS AS DETERMINED BY THE DEPARTMENT.
   (II)  EXISTING ASSISTED LIVING PROGRAM PROVIDERS LICENSED ON OR BEFORE
 APRIL FIRST, TWO THOUSAND TWENTY MAY SUBMIT ADDITIONAL APPLICATIONS  FOR
 UP  TO  NINE  ADDITIONAL ASSISTED LIVING PROGRAM BEDS ON JUNE THIRTIETH,
 TWO THOUSAND TWENTY, AND BY A DEADLINE TO BE DETERMINED BY  THE  DEPART-
 MENT.  EVERY  TWO  YEARS  THEREAFTER,  EXISTING PROVIDERS LICENSED ON OR
 BEFORE APRIL FIRST OF SUCH YEAR MAY SUBMIT  SUCH  APPLICATIONS  ON  JUNE
 THIRTIETH  OF  SUCH  YEAR,  AND  BY  A  DEADLINE TO BE DETERMINED BY THE
 DEPARTMENT. THE NUMBER OF ADDITIONAL ASSISTED LIVING PROGRAM BEDS  SHALL
 BE BASED ON THE TOTAL NUMBER OF PREVIOUSLY AWARDED BEDS EITHER WITHDRAWN
 BY THE APPLICANT OR DENIED BY THE DEPARTMENT.
   (L)  THE  COMMISSIONER  OF  HEALTH  IS AUTHORIZED TO SOLICIT AND AWARD
 APPLICATIONS FOR UP TO A TOTAL  OF  FIVE  HUNDRED  NEW  ASSISTED  LIVING
 PROGRAM  BEDS IN THOSE COUNTIES WHERE THERE IS ONE OR NO ASSISTED LIVING

 S. 7507                             9                            A. 9507
 
 PROGRAM PROVIDERS, PURSUANT TO CRITERIA TO BE DETERMINED BY THE  COMMIS-
 SIONER.
   (M)  THE  COMMISSIONER  OF  HEALTH  IS AUTHORIZED TO SOLICIT AND AWARD
 APPLICATIONS FOR UP TO FIVE HUNDRED NEW ASSISTED LIVING PROGRAM BEDS  IN
 COUNTIES  WHERE  UTILIZATION  OF  EXISTING  ASSISTED LIVING PROGRAM BEDS
 EXCEEDS EIGHTY-FIVE PERCENT. ALL APPLICANTS SHALL  COMPLY  WITH  FEDERAL
 HOME  AND  COMMUNITY-BASED SETTINGS REQUIREMENTS, AS SET FORTH IN 42 CFR
 PART 441 SUBPART G. TO BE ELIGIBLE FOR AN AWARD, AN APPLICANT MUST AGREE
 TO:
   (I) SERVE ONLY PUBLIC PAY INDIVIDUALS;
   (II) DEVELOP AND EXECUTE COLLABORATIVE AGREEMENTS  WITHIN  TWENTY-FOUR
 MONTHS  OF  AN  APPLICATION  BEING MADE TO THE DEPARTMENT, IN ACCORDANCE
 WITH GUIDANCE TO BE PUBLISHED BY THE DEPARTMENT, BETWEEN AT LEAST ONE OF
 EACH OF THE FOLLOWING ENTITIES: AN ADULT CARE  FACILITY;  A  RESIDENTIAL
 HEALTH CARE FACILITY; AND A GENERAL HOSPITAL;
   (III)  ENTER  INTO  AN AGREEMENT WITH AN EXISTING MANAGED CARE ENTITY;
 AND
   (IV) PARTICIPATE IN VALUE BASED PAYMENT MODELS, WHERE SUCH MODELS  ARE
 AVAILABLE FOR PARTICIPATION.
   (N)  THE  COMMISSIONER  OF HEALTH IS AUTHORIZED TO CREATE A PROGRAM TO
 SUBSIDIZE THE COST OF ASSISTED LIVING FOR THOSE INDIVIDUALS LIVING  WITH
 ALZHEIMER'S  DISEASE  AND  DEMENTIA  WHO  ARE  NOT  ELIGIBLE FOR MEDICAL
 ASSISTANCE PURSUANT TO TITLE ELEVEN OF ARTICLE FIVE OF THIS CHAPTER. THE
 PROGRAM SHALL AUTHORIZE  UP  TO  TWO  HUNDRED  VOUCHERS  TO  INDIVIDUALS
 THROUGH AN APPLICATION PROCESS AND PAY FOR UP TO SEVENTY-FIVE PERCENT OF
 THE  AVERAGE PRIVATE PAY RATE IN THE RESPECTIVE REGION. THE COMMISSIONER
 MAY PROPOSE RULES AND REGULATIONS TO EFFECTUATE THIS PROVISION.
   § 3. Subparagraph (i) of paragraph (b) of  subdivision  7  of  section
 4403-f of the public health law, as amended by section 41-b of part H of
 chapter 59 of the laws of 2011, is amended to read as follows:
   (i) The commissioner shall, to the extent necessary, submit the appro-
 priate waivers, including, but not limited to, those authorized pursuant
 to  sections  eleven hundred fifteen and nineteen hundred fifteen of the
 federal social security act, or  successor  provisions,  and  any  other
 waivers  necessary  to achieve the purposes of high quality, integrated,
 and cost effective care and integrated  financial  eligibility  policies
 under  the  medical assistance program or pursuant to title XVIII of the
 federal social security act. In addition, the commissioner is authorized
 to submit the appropriate waivers, including but not  limited  to  those
 authorized  pursuant  to  sections  eleven  hundred fifteen and nineteen
 hundred  fifteen  of  the  federal  social  security  act  or  successor
 provisions, and any other waivers necessary to require on or after April
 first,  two thousand twelve, medical assistance recipients who are twen-
 ty-one years of age or older and who require community-based  long  term
 care  services,  as  specified  by  the  commissioner, for more than one
 hundred and twenty days, to receive such services through  an  available
 plan  certified  pursuant  to  this  section or other program model that
 meets guidelines specified by the commissioner that support coordination
 and integration of services. Such guidelines shall address the  require-
 ments  of  paragraphs (a), (b), (c), (d), (e), (f), (g), (h), and (i) of
 subdivision three of this section as well as payment methods that ensure
 provider accountability for cost effective quality outcomes. Such  other
 program  models  may  include  long  term home health care programs that
 comply with such guidelines. Copies of such original waiver applications
 and amendments thereto shall be provided to the  chairs  of  the  senate
 finance  committee, the assembly ways and means committee and the senate

 S. 7507                            10                            A. 9507
 
 and assembly health committees simultaneously with their  submission  to
 the federal government.
   ON  OR  AFTER  OCTOBER  FIRST, TWO THOUSAND EIGHTEEN, THE COMMISSIONER
 MAY, THROUGH SUCH AN APPROVED WAIVER, LIMIT ENROLLMENT IN A PLAN  CERTI-
 FIED  UNDER  THIS  SECTION TO INDIVIDUALS WHO ACHIEVE A SCORE OF NINE OR
 ABOVE WHEN ASSESSED USING THE UNIFORM ASSESSMENT  SYSTEM  FOR  NEW  YORK
 ASSESSMENT  TOOL AND WHO REQUIRE COMMUNITY-BASED LONG TERM CARE SERVICES
 FOR A CONTINUOUS PERIOD OF MORE THAN ONE HUNDRED TWENTY  DAYS  FROM  THE
 DATE  OF  ENROLLMENT  AND  FROM  THE DATES WHEN CONTINUING ENROLLMENT IS
 REAUTHORIZED; HOWEVER,  MEDICAL  ASSISTANCE  RECIPIENTS  ENROLLED  IN  A
 MANAGED  LONG TERM CARE PLAN ON OCTOBER FIRST, TWO THOUSAND EIGHTEEN MAY
 CONTINUE TO BE ELIGIBLE FOR SUCH  PLANS,  IRRESPECTIVE  OF  WHETHER  THE
 ENROLLEE MEETS THESE LEVEL OF CARE REQUIREMENTS, PROVIDED THAT ONCE SUCH
 RECIPIENTS  ARE  DISENROLLED FROM THEIR MANAGED LONG TERM CARE PLAN, ANY
 APPLICABLE LEVEL OF CARE REQUIREMENTS WOULD APPLY TO FUTURE  ELIGIBILITY
 DETERMINATIONS.
   §  4. Subparagraphs (vii) and (viii) of paragraph (b) of subdivision 7
 of section 4403-f of the public health law are redesignated as  subpara-
 graphs  (viii) and (ix) and a new subparagraph (vii) is added to read as
 follows:
   (VII) IF ANOTHER MANAGED LONG TERM  CARE  PLAN  CERTIFIED  UNDER  THIS
 SECTION  IS  AVAILABLE, MEDICAL ASSISTANCE RECIPIENTS REQUIRED TO ENROLL
 IN SUCH PLANS PURSUANT TO THIS SECTION MAY CHANGE  PLANS  WITHOUT  CAUSE
 WITHIN  THIRTY  DAYS OF NOTIFICATION OF ENROLLMENT OR THE EFFECTIVE DATE
 OF ENROLLMENT INTO A PLAN, WHICHEVER IS LATER, BY MAKING  A  REQUEST  OF
 THE  LOCAL  SOCIAL SERVICES DISTRICT OR ENTITY DESIGNATED BY THE DEPART-
 MENT, EXCEPT THAT SUCH PERIOD SHALL BE FORTY-FIVE  DAYS  FOR  RECIPIENTS
 WHO HAVE BEEN ASSIGNED TO A PROVIDER BY THE COMMISSIONER. HOWEVER, AFTER
 SUCH THIRTY OR FORTY-FIVE DAY PERIOD, WHICHEVER IS APPLICABLE, A RECIPI-
 ENT  MAY  BE  PROHIBITED  FROM  CHANGING PLANS MORE FREQUENTLY THAN ONCE
 EVERY TWELVE MONTHS, AS PERMITTED BY FEDERAL LAW, EXCEPT FOR GOOD  CAUSE
 AS DETERMINED BY THE COMMISSIONER.
   §  5. Clauses 11 and 12 of subparagraph (v) of paragraph (b) of subdi-
 vision 7 of section 4403-f of the  public  health  law,  as  amended  by
 section  48  of part A of chapter 56 of the laws of 2013, are amended to
 read as follows:
   (11) a person who is eligible for medical assistance pursuant to para-
 graph (b) of subdivision four of section three hundred sixty-six of  the
 social services law; [and]
   (12) Native Americans; AND
   (13)  A  PERSON  WHO  IS  PERMANENTLY  PLACED  IN A NURSING HOME FOR A
 CONSECUTIVE PERIOD OF SIX MONTHS OR MORE.
   § 6. Paragraph (a) of subdivision 3  of  section  366  of  the  social
 services  law  is  REPEALED  and a new paragraph (a) is added to read as
 follows:
   (A) MEDICAL ASSISTANCE SHALL BE FURNISHED WITHOUT CONSIDERATION OF THE
 INCOME AND RESOURCES OF AN APPLICANT'S LEGALLY RESPONSIBLE  RELATIVE  IF
 THE  APPLICANT'S  ELIGIBILITY  WOULD NORMALLY BE DETERMINED BY COMPARING
 THE AMOUNT OF  AVAILABLE  INCOME  AND/OR  RESOURCES  OF  THE  APPLICANT,
 INCLUDING AMOUNTS DEEMED AVAILABLE TO THE APPLICANT FROM LEGALLY RESPON-
 SIBLE RELATIVES, TO AN APPLICABLE ELIGIBILITY STANDARD, AND:
   (1)  (I)  THE  LEGALLY  RESPONSIBLE RELATIVE IS A COMMUNITY SPOUSE, AS
 DEFINED IN SECTION THREE HUNDRED SIXTY-SIX-C OF THIS TITLE;
   (II) SUCH RELATIVE IS REFUSING  TO  MAKE  HIS  OR  HER  INCOME  AND/OR
 RESOURCES  AVAILABLE  TO  MEET  THE  COST  OF  NECESSARY  MEDICAL  CARE,
 SERVICES, AND SUPPLIES; AND

 S. 7507                            11                            A. 9507
 
   (III) THE APPLICANT EXECUTES AN ASSIGNMENT OF SUPPORT FROM THE  COMMU-
 NITY SPOUSE IN FAVOR OF THE SOCIAL SERVICES DISTRICT AND THE DEPARTMENT,
 UNLESS  THE  APPLICANT IS UNABLE TO EXECUTE SUCH ASSIGNMENT DUE TO PHYS-
 ICAL OR MENTAL IMPAIRMENT OR TO DENY ASSISTANCE WOULD  CREATE  AN  UNDUE
 HARDSHIP, AS DEFINED BY THE COMMISSIONER; OR
   (2)  THE  LEGALLY  RESPONSIBLE RELATIVE IS ABSENT FROM THE APPLICANT'S
 HOUSEHOLD, AND FAILS OR  REFUSES  TO  MAKE  HIS  OR  HER  INCOME  AND/OR
 RESOURCES  AVAILABLE  TO  MEET  THE  COST  OF  NECESSARY  MEDICAL  CARE,
 SERVICES, AND SUPPLIES.
   IN SUCH CASES, HOWEVER, THE FURNISHING OF SUCH ASSISTANCE SHALL CREATE
 AN IMPLIED CONTRACT WITH SUCH RELATIVE, AND  THE  COST  THEREOF  MAY  BE
 RECOVERED  FROM  SUCH  RELATIVE  IN ACCORDANCE WITH TITLE SIX OF ARTICLE
 THREE OF THIS CHAPTER AND OTHER APPLICABLE PROVISIONS OF LAW.
   § 7. Subparagraph (i) of paragraph (d) of  subdivision  2  of  section
 366-c  of  the social services law is amended by adding a new clause (C)
 to read as follows:
   (C) ON AND AFTER JULY FIRST, TWO THOUSAND EIGHTEEN, TWENTY-FOUR  THOU-
 SAND  ONE  HUNDRED  EIGHTY  DOLLARS  OR  SUCH  GREATER  AMOUNT AS MAY BE
 REQUIRED UNDER FEDERAL LAW;
   § 8. Subdivision 1 of section 367-a of  the  social  services  law  is
 amended by adding a new paragraph (h) to read as follows:
   (H)  AMOUNTS  PAYABLE  UNDER  THIS TITLE FOR MEDICAL ASSISTANCE IN THE
 FORM OF FREESTANDING CLINIC SERVICES PURSUANT TO ARTICLE TWENTY-EIGHT OF
 THE PUBLIC HEALTH LAW PROVIDED TO ELIGIBLE PERSONS PARTICIPATING IN  THE
 NEW  YORK  TRAUMATIC  BRAIN INJURY WAIVER PROGRAM WHO ARE ALSO BENEFICI-
 ARIES UNDER PART B OF TITLE XVIII OF THE FEDERAL SOCIAL SECURITY ACT  OR
 WHO  ARE QUALIFIED MEDICARE BENEFICIARIES UNDER PART B OF TITLE XVIII OF
 SUCH ACT SHALL NOT BE LESS THAN THE APPROVED MEDICAL ASSISTANCE  PAYMENT
 LEVEL LESS THE AMOUNT PAYABLE UNDER PART B.
   §  9.  The  commissioner  of  health shall conduct a study of home and
 community based services available to recipients of the Medicaid program
 in rural areas of the state. Such study shall include a review and anal-
 ysis of factors affecting such availability, including but  not  limited
 to  transportation  costs, costs of direct care personnel including home
 health aides, personal care attendants and other direct service  person-
 nel,  opportunities  for telehealth services, and technological advances
 to improve efficiencies. Consistent with the results of the  study,  the
 commissioner of health is authorized to provide a targeted Medicaid rate
 enhancement to fee-for-service personal care rates and rates under Medi-
 caid  waiver  programs such as the nursing home transition and diversion
 waiver and the traumatic brain injury program waiver,  in  an  aggregate
 amount  of three million dollars minus the cost of conducting the study;
 provided further, that nothing in this section shall be deemed to affect
 payment for the costs  of  the  study  and  any  related  Medicaid  rate
 enhancement if federal participation is not available for such costs.
   §  10. This act shall take effect immediately; provided, however, that
 the amendments made to paragraph (b) of subdivision 7 of section  4403-f
 of  the  public health law made by sections three, four and five of this
 act shall not affect the expiration of such paragraph pursuant to subdi-
 vision (i) of section 111 of part H of chapter 59 of the laws  of  2011,
 as  amended, and shall be deemed to expire therewith; provided, further,
 that the amendments to paragraph (b) of subdivision 7 of section  4403-f
 of  the  public health law made by sections three, four and five of this
 act shall not affect the repeal of such section pursuant to chapter  659
 of the laws of 1997, as amended, and shall be deemed repealed therewith;

 S. 7507                            12                            A. 9507
 
 provided,  further,  that  section four of this act shall take effect on
 October 1, 2018.
 
                                  PART C
 
   Section  1. Subdivision 2 of section 365-l of the social services law,
 as amended by section 1 of part S of chapter 57 of the laws of 2017,  is
 amended to read as follows:
   2.  In  addition to payments made for health home services pursuant to
 subdivision one of this section, the commissioner is authorized  to  pay
 additional  amounts:  (A) to providers of health home services that meet
 process or outcome standards specified by the commissioner; AND  (B)  TO
 MEDICAID  MANAGED  CARE ENROLLEES WHO ARE MEMBERS OF HEALTH HOMES IN THE
 FORM OF INCENTIVE PAYMENTS TO REWARD SUCH ENROLLEES FOR PARTICIPATING IN
 WELLNESS ACTIVITIES AND FOR AVOIDING  UNNECESSARY  HOSPITALIZATIONS  AND
 UNNECESSARY  UTILIZATION OF HOSPITAL EMERGENCY DEPARTMENT SERVICES. Such
 additional amounts may be paid with state funds only if  federal  finan-
 cial participation for such payments is unavailable.
   §  2.  Section 365-l of the social services law is amended by adding a
 new subdivision 2-d to read as follows:
   2-D. THE COMMISSIONER SHALL ESTABLISH TARGETS FOR HEALTH HOME  PARTIC-
 IPATION  BY  ENROLLEES  OF  SPECIAL  NEEDS MANAGED CARE PLANS DESIGNATED
 PURSUANT TO SUBDIVISION FOUR OF SECTION THREE  HUNDRED  SIXTY-FIVE-M  OF
 THIS  TITLE  AND  BY  HIGH-RISK ENROLLEES OF OTHER MEDICAID MANAGED CARE
 PLANS OPERATING PURSUANT TO SECTION THREE HUNDRED SIXTY-FOUR-J  OF  THIS
 TITLE,  AND  SHALL REQUIRE THE MANAGED CARE PROVIDERS TO WORK COLLABORA-
 TIVELY WITH HEALTH HOMES TO ACHIEVE SUCH TARGETS. THE  COMMISSIONER  MAY
 ASSESS  PENALTIES  UNDER THIS SUBDIVISION AGAINST MANAGED CARE PROVIDERS
 THAT FAIL TO MEET THE PARTICIPATION TARGETS ESTABLISHED PURSUANT TO THIS
 SUBDIVISION, EXCEPT THAT MANAGED CARE PROVIDERS SHALL NOT  BE  PENALIZED
 FOR  THE FAILURE OF A HEALTH HOME TO WORK COLLABORATIVELY TOWARD MEETING
 THE PARTICIPATION TARGETS.
   § 3. Subdivision 6 of section  2899  of  the  public  health  law,  as
 amended  by  chapter  471  of  the  laws  of 2016, is amended to read as
 follows:
   6. "Provider" shall mean (A)  any  residential  health  care  facility
 licensed  under  article  twenty-eight of this chapter; or any certified
 home health agency, licensed home care services agency or long term home
 health care program certified under article thirty-six of this  chapter;
 any hospice program certified pursuant to article forty of this chapter;
 or  any  adult  home,  enriched  housing program or residence for adults
 licensed under article seven of the social services law; OR (B) A HEALTH
 HOME, OR ANY SUBCONTRACTOR OF SUCH HEALTH HOME, WHO CONTRACTS WITH OR IS
 APPROVED OR OTHERWISE AUTHORIZED BY THE  DEPARTMENT  TO  PROVIDE  HEALTH
 HOME  SERVICES TO ALL THOSE ENROLLED PURSUANT TO A DIAGNOSIS OF A DEVEL-
 OPMENTAL DISABILITY AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03
 OF THE MENTAL HYGIENE LAW AND ENROLLEES WHO ARE UNDER  TWENTY-ONE  YEARS
 OF  AGE  UNDER SECTION THREE HUNDRED SIXTY-FIVE-L OF THE SOCIAL SERVICES
 LAW, OR ANY ENTITY THAT PROVIDES HOME AND COMMUNITY  BASED  SERVICES  TO
 ENROLLEES  WHO  ARE  UNDER TWENTY-ONE YEARS OF AGE UNDER A DEMONSTRATION
 PROGRAM PURSUANT TO SECTION ELEVEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL
 SECURITY ACT.
   § 4. Paragraph (b) of subdivision 9 of section 2899-a  of  the  public
 health  law,  as added by chapter 331 of the laws of 2006, is amended to
 read as follows:

 S. 7507                            13                            A. 9507
 
   (b) Residential health care facilities licensed  pursuant  to  article
 twenty-eight of this chapter and certified home health care agencies and
 long-term  home  health  care programs certified or approved pursuant to
 article thirty-six of this chapter OR A HEALTH HOME, OR ANY  SUBCONTRAC-
 TOR  OF SUCH HEALTH HOME, WHO CONTRACTS WITH OR IS APPROVED OR OTHERWISE
 AUTHORIZED BY THE DEPARTMENT TO PROVIDE  HEALTH  HOME  SERVICES  TO  ALL
 THOSE  ENROLLED PURSUANT TO A DIAGNOSIS OF A DEVELOPMENTAL DISABILITY AS
 DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL  HYGIENE
 LAW  AND  ENROLLEES  WHO ARE UNDER TWENTY-ONE YEARS OF AGE UNDER SECTION
 THREE HUNDRED SIXTY-FIVE-L OF THE SOCIAL SERVICES  LAW,  OR  ANY  ENTITY
 THAT  PROVIDES  HOME  AND  COMMUNITY BASED SERVICES TO ENROLLEES WHO ARE
 UNDER TWENTY-ONE YEARS OF AGE UNDER A DEMONSTRATION PROGRAM PURSUANT  TO
 SECTION  ELEVEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT, may,
 subject to the availability of federal financial participation, claim as
 reimbursable costs under the medical assistance program, costs  reflect-
 ing  the  fee  established  pursuant  to law by the division of criminal
 justice services for processing a criminal  history  information  check,
 the  fee  imposed  by the federal bureau of investigation for a national
 criminal history check, and costs associated with obtaining the  finger-
 prints, provided, however, that for the purposes of determining rates of
 payment pursuant to article twenty-eight of this chapter for residential
 health  care  facilities,  such  reimbursable  fees  and  costs shall be
 reflected as timely as practicable in such rates within  the  applicable
 rate period.
   §  5.  Subdivision  10  of section 2899-a of the public health law, as
 amended by chapter 206 of the laws  of  2017,  is  amended  to  read  as
 follows:
   10.  Notwithstanding  subdivision  eleven  of  section  eight  hundred
 forty-five-b of the executive  law,  a  certified  home  health  agency,
 licensed home care services agency or long term home health care program
 certified, licensed or approved under article thirty-six of this chapter
 or  a  home  care services agency exempt from certification or licensure
 under article thirty-six of this chapter, a hospice program under  arti-
 cle forty of this chapter, or an adult home, enriched housing program or
 residence for adults licensed under article seven of the social services
 law,  OR  A  HEALTH  HOME, OR ANY SUBCONTRACTOR OF SUCH HEALTH HOME, WHO
 CONTRACTS WITH OR IS APPROVED OR OTHERWISE AUTHORIZED BY THE  DEPARTMENT
 TO  PROVIDE HEALTH HOME SERVICES TO ALL ENROLLEES ENROLLED PURSUANT TO A
 DIAGNOSIS OF A DEVELOPMENTAL DISABILITY AS DEFINED IN SUBDIVISION  TWEN-
 TY-TWO  OF  SECTION 1.03 OF THE MENTAL HYGIENE LAW AND ENROLLEES WHO ARE
 UNDER TWENTY-ONE YEARS OF AGE UNDER SECTION THREE  HUNDRED  SIXTY-FIVE-L
 OF  THE SOCIAL SERVICES LAW, OR ANY ENTITY THAT PROVIDES HOME AND COMMU-
 NITY BASED SERVICES TO ENROLLEES WHO ARE UNDER TWENTY-ONE YEARS  OF  AGE
 UNDER A DEMONSTRATION PROGRAM PURSUANT TO SECTION ELEVEN HUNDRED FIFTEEN
 OF THE FEDERAL SOCIAL SECURITY ACT may temporarily approve a prospective
 employee while the results of the criminal history information check and
 the  determination  are  pending,  upon  the condition that the provider
 conducts appropriate direct observation and evaluation of the  temporary
 employee,  while he or she is temporarily employed, and the care recipi-
 ent. The results of such observations shall be documented in the  tempo-
 rary  employee's personnel file and shall be maintained. For purposes of
 providing  such  appropriate  direct  observation  and  evaluation,  the
 provider  shall  utilize  an individual employed by such provider with a
 minimum of  one  year's  experience  working  in  an  agency  certified,
 licensed  or  approved  under  article  thirty-six of this chapter or an
 adult home, enriched housing program or residence  for  adults  licensed

 S. 7507                            14                            A. 9507
 
 under  article  seven  of the social services law, A HEALTH HOME, OR ANY
 SUBCONTRACTOR OF SUCH HEALTH HOME, WHO CONTRACTS WITH OR IS APPROVED  OR
 OTHERWISE  AUTHORIZED  BY THE DEPARTMENT TO PROVIDE HEALTH HOME SERVICES
 TO  THOSE ENROLLED PURSUANT TO A DIAGNOSIS OF A DEVELOPMENTAL DISABILITY
 AS DEFINED IN SUBDIVISION TWENTY-TWO  OF  SECTION  1.03  OF  THE  MENTAL
 HYGIENE  LAW  AND  ENROLLEES WHO ARE UNDER TWENTY-ONE YEARS OF AGE UNDER
 SECTION THREE HUNDRED SIXTY-FIVE-L OF THE SOCIAL SERVICES  LAW,  OR  ANY
 ENTITY  THAT PROVIDES HOME AND COMMUNITY BASED SERVICES TO ENROLLEES WHO
 ARE UNDER TWENTY-ONE YEARS OF AGE UNDER A DEMONSTRATION PROGRAM PURSUANT
 TO SECTION ELEVEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT. If
 the temporary employee is working under contract with  another  provider
 certified,  licensed  or approved under article thirty-six of this chap-
 ter, such contract provider's appropriate direct observation and  evalu-
 ation  of the temporary employee, shall be considered sufficient for the
 purposes of complying with this subdivision.
   § 6. Subdivision 3 of section 424-a of the  social  services  law,  as
 amended  by  section  3  of part Q of chapter 56 of the laws of 2017, is
 amended to read as follows:
   3. For purposes of this section,  the  term  "provider"  or  "provider
 agency"  shall  mean:  an  authorized agency; the office of children and
 family services; juvenile detention facilities subject  to  the  certif-
 ication  of  the office of children and family services; programs estab-
 lished pursuant to article nineteen-H of the executive law; non-residen-
 tial or residential programs or facilities licensed or operated  by  the
 office  of  mental  health  or  the office for people with developmental
 disabilities except family care homes; licensed child day care  centers,
 including  head  start  programs which are funded pursuant to title V of
 the federal economic opportunity act of nineteen hundred sixty-four,  as
 amended;  early  intervention  service  established  pursuant to section
 twenty-five hundred forty of the public health law;  preschool  services
 established  pursuant to section forty-four hundred ten of the education
 law; school-age child care programs; special  act  school  districts  as
 enumerated  in  chapter  five  hundred sixty-six of the laws of nineteen
 hundred sixty-seven, as amended; programs and facilities licensed by the
 office of alcoholism and substance abuse services;  residential  schools
 which  are operated, supervised or approved by the education department;
 HEALTH HOMES, OR ANY SUBCONTRACT OR OF SUCH HEALTH HOMES, WHO  CONTRACTS
 WITH  OR IS APPROVED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT OF HEALTH
 TO PROVIDE HEALTH HOME SERVICES TO ALL  THOSE  ENROLLED  PURSUANT  TO  A
 DIAGNOSIS  OF A DEVELOPMENTAL DISABILITY AS DEFINED IN SUBDIVISION TWEN-
 TY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE LAW AND ENROLLEES  WHO  ARE
 UNDER  TWENTY-ONE  YEARS OF AGE UNDER SECTION THREE HUNDRED SIXTY-FIVE-L
 OF THIS CHAPTER, OR ANY ENTITY THAT PROVIDES HOME  AND  COMMUNITY  BASED
 SERVICES  TO  ENROLLEES  WHO  ARE  UNDER TWENTY-ONE YEARS OF AGE UNDER A
 DEMONSTRATION PROGRAM PURSUANT TO SECTION ELEVEN HUNDRED FIFTEEN OF  THE
 FEDERAL  SOCIAL  SECURITY  ACT;  publicly-funded  emergency shelters for
 families with children, provided, however, for purposes of this section,
 when the provider or provider  agency  is  a  publicly-funded  emergency
 shelter  for families with children, then all references in this section
 to the "potential for regular and substantial contact  with  individuals
 who  are  cared  for by the agency" shall mean the potential for regular
 and substantial contact with children who are served  by  such  shelter;
 and  any  other  facility  or provider agency, as defined in subdivision
 four of section four hundred eighty-eight of this chapter, in regard  to
 the  employment  of staff, or use of providers of goods and services and
 staff of such providers, consultants, interns and volunteers.

 S. 7507                            15                            A. 9507
 
   § 7. Paragraph (a) of subdivision 1  of  section  413  of  the  social
 services  law,  as  amended  by section 2 of part Q of chapter 56 of the
 laws of 2017, is amended to read as follows:
   (a)  The  following  persons  and  officials are required to report or
 cause a report to be made in accordance with this title when  they  have
 reasonable  cause  to  suspect  that a child coming before them in their
 professional or official capacity is an abused or maltreated  child,  or
 when  they have reasonable cause to suspect that a child is an abused or
 maltreated child where the parent, guardian, custodian or  other  person
 legally  responsible  for  such child comes before them in their profes-
 sional or official capacity and states from  personal  knowledge  facts,
 conditions or circumstances which, if correct, would render the child an
 abused  or maltreated child: any physician; registered physician assist-
 ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 psychologist; registered nurse; social worker; emergency medical techni-
 cian; licensed creative arts therapist;  licensed  marriage  and  family
 therapist;  licensed  mental  health  counselor; licensed psychoanalyst;
 licensed behavior analyst; certified behavior analyst assistant;  hospi-
 tal  personnel  engaged in the admission, examination, care or treatment
 of persons; a Christian Science  practitioner;  school  official,  which
 includes  but  is not limited to school teacher, school guidance counse-
 lor, school psychologist, school social  worker,  school  nurse,  school
 administrator  or  other school personnel required to hold a teaching or
 administrative license or certificate;  full  or  part-time  compensated
 school employee required to hold a temporary coaching license or profes-
 sional coaching certificate; social services worker; employee of a publ-
 icly-funded  emergency shelter for families with children; director of a
 children's overnight camp, summer day camp or traveling summer day camp,
 as such camps are defined in section thirteen hundred ninety-two of  the
 public health law; day care center worker; school-age child care worker;
 provider  of family or group family day care; employee or volunteer in a
 residential care facility for children that is  licensed,  certified  or
 operated  by  the  office  of children and family services; or any other
 child care or foster care worker; mental health professional;  substance
 abuse  counselor;  alcoholism counselor; all persons credentialed by the
 office of alcoholism and substance abuse services; EMPLOYEES OF A HEALTH
 HOME OR HEALTH HOME CARE MANAGEMENT AGENCY  CONTRACTING  WITH  A  HEALTH
 HOME  AS  DESIGNATED  BY  THE  DEPARTMENT OF HEALTH AND AUTHORIZED UNDER
 SECTION THREE HUNDRED SIXTY-FIVE-L OF THIS CHAPTER OR SUCH EMPLOYEES WHO
 PROVIDE HOME AND COMMUNITY BASED SERVICES UNDER A DEMONSTRATION  PROGRAM
 PURSUANT TO SECTION ELEVEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL SECURI-
 TY  ACT;  peace  officer; police officer; district attorney or assistant
 district attorney; investigator employed in the  office  of  a  district
 attorney; or other law enforcement official.
   §  8.  Section 364-j of the social services law is amended by adding a
 new subdivision 34 to read as follows:
   34. (A) THE COMMISSIONER MAY, IN HIS OR HER DISCRETION,  APPLY  PENAL-
 TIES  TO MANAGED CARE PROVIDERS THAT DO NOT SUBMIT A PERFORMING PROVIDER
 SYSTEM PARTNERSHIP PLAN BY JULY FIRST, TWO THOUSAND EIGHTEEN, IN ACCORD-
 ANCE WITH ANY SUBMISSION GUIDELINES ISSUED BY THE DEPARTMENT PRIOR THER-
 ETO. FOR PURPOSES OF THIS SUBDIVISION, "PERFORMING PROVIDER SYSTEM PART-
 NERSHIP PLAN" SHALL MEAN A PLAN SUBMITTED BY SUCH MANAGED CARE PROVIDERS
 TO THE DEPARTMENT THAT INCLUDES BOTH SHORT AND LONG TERM APPROACHES  FOR
 EFFECTIVE  COLLABORATION WITH EACH PERFORMING PROVIDER SYSTEM WITHIN ITS
 SERVICE AREA.

 S. 7507                            16                            A. 9507
 
   (B) SUCH PENALTIES SHALL BE AS FOLLOWS:  FOR  MANAGED  CARE  PROVIDERS
 THAT  DO  NOT  SUBMIT  A  PERFORMING PROVIDER SYSTEM PARTNERSHIP PLAN IN
 ACCORDANCE WITH THIS SUBDIVISION, MEDICAID PREMIUMS SHALL BE REDUCED  BY
 EIGHTY-FIVE ONE-HUNDREDTHS OF ONE PERCENT FOR THE RATE PERIOD FROM APRIL
 FIRST,  TWO  THOUSAND  EIGHTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND
 NINETEEN.
   § 9. This act shall take effect immediately; provided,  however,  that
 the  amendments  made  to  subdivision  6  of section 2899 of the public
 health law made by section three of this act shall take  effect  on  the
 same date and in the same manner as section 8 of chapter 471 of the laws
 of 2016, as amended, takes effect and shall not affect the expiration of
 such  subdivision  and  shall  be  deemed  expired  therewith;  provided
 further, however, that the amendments  made  to  section  364-j  of  the
 social  services  law made by section eight of this act shall not affect
 the repeal of such section and shall be deemed repealed therewith.
 
                                  PART D
 
   Section 1.  Paragraph (d) of subdivision 9 of  section  367-a  of  the
 social  services law, as amended by section 7 of part D of chapter 57 of
 the laws of 2017, is amended to read as follows:
   (d) In addition to the amounts paid pursuant to paragraph (b) of  this
 subdivision, the department shall pay a professional pharmacy dispensing
 fee  for each such drug dispensed in the amount of ten dollars AND EIGHT
 CENTS per prescription or written order  of  a  practitioner;  provided,
 however  that  this  professional dispensing fee will not apply to drugs
 that are available without a prescription as required by section  sixty-
 eight hundred ten of the education law but do not meet the definition of
 a  covered outpatient drug pursuant to Section 1927K of the Social Secu-
 rity Act.
   § 2.  Paragraph (a) of subdivision 4 of section 365-a  of  the  social
 services  law, as amended by chapter 493 of the laws of 2010, is amended
 to read as follows:
   (a) drugs which may be dispensed without a prescription as required by
 section sixty-eight hundred ten of the education law; provided, however,
 that the state commissioner of health may by regulation specify  certain
 of  such  drugs which may be reimbursed as an item of medical assistance
 in accordance with the price schedule established by such  commissioner.
 Notwithstanding any other provision of law, [additions] MODIFICATIONS to
 the  list  of  drugs  reimbursable  under this paragraph may be filed as
 regulations by the commissioner  of  health  without  prior  notice  and
 comment;
   §  3.  Paragraph  (c)  of subdivision 6 of section 367-a of the social
 services law is amended by adding a new  subparagraph  (v)  to  read  as
 follows:
   (V) NOTWITHSTANDING ANY OTHER PROVISION OF THIS PARAGRAPH, CO-PAYMENTS
 CHARGED  FOR  DRUGS  DISPENSED  WITHOUT  A  PRESCRIPTION  AS REQUIRED BY
 SECTION SIXTY-EIGHT HUNDRED TEN OF THE EDUCATION LAW BUT WHICH ARE REIM-
 BURSED AS AN ITEM OF MEDICAL ASSISTANCE PURSUANT  TO  PARAGRAPH  (A)  OF
 SUBDIVISION  FOUR  OF  SECTION  THREE HUNDRED SIXTY-FIVE-A OF THIS TITLE
 SHALL BE ONE DOLLAR.
   § 4.  Paragraph (b) of subdivision 3 of  section  273  of  the  public
 health  law,  as added by section 10 of part C of chapter 58 of the laws
 of 2005, is amended to read as follows:
   (b) In the event that the patient does not meet the criteria in  para-
 graph  (a)  of  this  subdivision, the prescriber may provide additional

 S. 7507                            17                            A. 9507
 
 information to the program to justify the use  of  a  prescription  drug
 that  is  not  on  the  preferred drug list. The program shall provide a
 reasonable opportunity for a prescriber to reasonably present his or her
 justification  of  prior authorization. [If, after consultation with the
 program, the prescriber, in his or her reasonable professional judgment,
 determines that the use of a  prescription  drug  that  is  not  on  the
 preferred  drug  list is warranted, the prescriber's determination shall
 be final.] THE PROGRAM WILL CONSIDER THE ADDITIONAL INFORMATION AND  THE
 JUSTIFICATION  PRESENTED  TO DETERMINE WHETHER THE USE OF A PRESCRIPTION
 DRUG THAT IS NOT ON THE PREFERRED DRUG LIST IS WARRANTED.
   § 5. Subdivisions 25 and 25-a of section 364-j of the social  services
 law are REPEALED.
   § 6. The public health law is amended by adding a new section 280-c to
 read as follows:
   §  280-C.  COMPREHENSIVE  MEDICATION  MANAGEMENT.  1. DEFINITIONS. FOR
 PURPOSES OF THIS SECTION:
   (A) QUALIFIED PHARMACIST. THE TERM "QUALIFIED PHARMACIST" SHALL MEAN A
 PHARMACIST WHO MAINTAINS A  CURRENT  UNRESTRICTED  LICENSE  PURSUANT  TO
 ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW, WHO HAS A MINIMUM
 OF  TWO  YEARS  OF EXPERIENCE IN PATIENT CARE AS A PRACTICING PHARMACIST
 WITHIN THE LAST FIVE YEARS, AND WHO HAS DEMONSTRATED COMPETENCY  IN  THE
 MEDICATION  MANAGEMENT  OF  PATIENTS WITH A CHRONIC DISEASE OR DISEASES,
 INCLUDING BUT NOT LIMITED TO, THE COMPLETION OF  ONE  OR  MORE  PROGRAMS
 WHICH  ARE  ACCREDITED  BY THE ACCREDITATION COUNCIL FOR PHARMACY EDUCA-
 TION, RECOGNIZED BY THE  EDUCATION  DEPARTMENT  AND  ACCEPTABLE  TO  THE
 PATIENT'S  TREATING PHYSICIAN.
   (B) COMPREHENSIVE MEDICATION MANAGEMENT. THE TERM "COMPREHENSIVE MEDI-
 CATION MANAGEMENT" SHALL MEAN A PROGRAM CONDUCTED BY A QUALIFIED PHARMA-
 CIST  THAT  ENSURES  A  PATIENT'S  MEDICATIONS,  WHETHER PRESCRIPTION OR
 NONPRESCRIPTION, ARE INDIVIDUALLY ASSESSED TO DETERMINE THAT EACH  MEDI-
 CATION  IS APPROPRIATE FOR THE PATIENT, EFFECTIVE FOR THE MEDICAL CONDI-
 TION, SAFE GIVEN COMORBIDITIES AND OTHER MEDICATIONS  BEING  TAKEN,  AND
 ABLE  TO  BE  TAKEN BY THE PATIENT AS INTENDED. COMPREHENSIVE MEDICATION
 MANAGEMENT CONDUCTED BY A QUALIFIED PHARMACIST SHALL INCLUDE SHARING  OF
 APPLICABLE  PATIENT  CLINICAL INFORMATION WITH THE TREATING PHYSICIAN AS
 SPECIFIED IN THE COMPREHENSIVE MEDICATION MANAGEMENT PROTOCOL.
   (C) COMPREHENSIVE MEDICATION MANAGEMENT PROTOCOL. THE TERM "COMPREHEN-
 SIVE MEDICATION MANAGEMENT PROTOCOL" MEANS A WRITTEN  DOCUMENT  PURSUANT
 TO  AND  CONSISTENT  WITH ANY APPLICABLE STATE AND FEDERAL REQUIREMENTS,
 THAT IS ENTERED INTO VOLUNTARILY BY EITHER A PHYSICIAN LICENSED PURSUANT
 TO ARTICLE ONE HUNDRED  THIRTY-ONE OF THE EDUCATION LAW OR A NURSE PRAC-
 TITIONER CERTIFIED PURSUANT TO SECTION SIXTY-NINE  HUNDRED  TEN  OF  THE
 EDUCATION  LAW,  AND  A  QUALIFIED  PHARMACIST WHICH ADDRESSES A CHRONIC
 DISEASE OR DISEASES AS DETERMINED BY THE  TREATING  PHYSICIAN  OR  NURSE
 PRACTITIONER  AND  THAT DESCRIBES THE NATURE AND SCOPE OF THE COMPREHEN-
 SIVE MEDICATION MANAGEMENT SERVICES TO BE  PERFORMED  BY  THE  QUALIFIED
 PHARMACIST,  IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.  COMPRE-
 HENSIVE  MEDICATION MANAGEMENT PROTOCOLS BETWEEN LICENSED PHYSICIANS  OR
 NURSE PRACTITIONERS AND QUALIFIED PHARMACISTS SHALL BE MADE AVAILABLE TO
 THE    DEPARTMENT FOR REVIEW AND TO ENSURE COMPLIANCE WITH THIS ARTICLE,
 UPON REQUEST.
   2. AUTHORIZATION  TO  ESTABLISH  COMPREHENSIVE  MEDICATION  MANAGEMENT
 PROTOCOLS.  A PHYSICIAN LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-
 ONE OF THE EDUCATION LAW OR A NURSE PRACTITIONER CERTIFIED  PURSUANT  TO
 SECTION  SIXTY-NINE HUNDRED TEN OF THE EDUCATION LAW SHALL BE AUTHORIZED
 TO VOLUNTARILY ESTABLISH A COMPREHENSIVE MEDICATION MANAGEMENT  PROTOCOL

 S. 7507                            18                            A. 9507
 
 WITH  A QUALIFIED PHARMACIST TO PROVIDE COMPREHENSIVE MEDICATION MANAGE-
 MENT SERVICES FOR A PATIENT WHO HAS NOT MET CLINICAL GOALS  OF  THERAPY,
 IS AT RISK FOR HOSPITALIZATION, OR FOR WHOM THE PHYSICIAN OR NURSE PRAC-
 TITIONER  DEEMS  IT  IS  NECESSARY  TO  RECEIVE COMPREHENSIVE MEDICATION
 MANAGEMENT SERVICES. PARTICIPATION BY THE PATIENT IN COMPREHENSIVE MEDI-
 CATION MANAGEMENT SERVICES SHALL BE VOLUNTARY.
   3. SCOPE OF COMPREHENSIVE MEDICATION MANAGEMENT PROTOCOLS. (A) UNDER A
 COMPREHENSIVE MEDICATION MANAGEMENT  PROTOCOL,  A  QUALIFIED  PHARMACIST
 SHALL BE PERMITTED TO:
   (I)  ADJUST  OR MANAGE A DRUG REGIMEN FOR THE PATIENT, PURSUANT TO THE
 PATIENT SPECIFIC ORDER OR PROTOCOL ESTABLISHED BY THE PATIENT'S TREATING
 PHYSICIAN OR  NURSE  PRACTITIONER,  WHICH  MAY  INCLUDE  ADJUSTING  DRUG
 STRENGTH,  FREQUENCY  OF  ADMINISTRATION  OR  ROUTE  OF  ADMINISTRATION.
 ADJUSTING THE DRUG REGIMEN SHALL NOT INCLUDE SUBSTITUTING OR SELECTING A
 DIFFERENT DRUG WHICH DIFFERS  FROM  THAT  INITIALLY  PRESCRIBED  BY  THE
 PATIENT'S  TREATING  PHYSICIAN OR NURSE PRACTITIONER UNLESS SUCH SUBSTI-
 TUTION IS EXPRESSLY AUTHORIZED IN THE WRITTEN ORDER OR  PROTOCOL.    THE
 QUALIFIED  PHARMACIST  SHALL  BE REQUIRED TO IMMEDIATELY DOCUMENT IN THE
 PATIENT'S MEDICAL RECORD CHANGES MADE TO THE DRUG THERAPY. THE PATIENT'S
 TREATING PHYSICIAN  OR  NURSE  PRACTITIONER  MAY  PROHIBIT,  BY  WRITTEN
 INSTRUCTION,  ANY  ADJUSTMENT OR CHANGE IN THE PATIENT'S DRUG REGIMEN BY
 THE QUALIFIED PHARMACIST;
   (II) EVALUATE AND ONLY IF SPECIFICALLY AUTHORIZED BY THE PROTOCOL, AND
 ONLY TO THE EXTENT NECESSARY TO DISCHARGE THE RESPONSIBILITY  SET  FORTH
 IN  THIS  SECTION, ORDER OR PERFORM ROUTINE PATIENT MONITORING FUNCTIONS
 OR DISEASE STATE LABORATORY TESTS RELATED TO THE DRUG THERAPY COMPREHEN-
 SIVE MEDICATION MANAGEMENT FOR THE SPECIFIC CHRONIC DISEASE OR  DISEASES
 SPECIFIED  WITHIN  THE  WRITTEN  AGREEMENT  OR  COMPREHENSIVE MEDICATION
 MANAGEMENT PROTOCOL;
   (III) ONLY IF SPECIFICALLY AUTHORIZED BY THE WRITTEN ORDER OR PROTOCOL
 AND ONLY TO THE EXTENT NECESSARY TO DISCHARGE THE  RESPONSIBILITIES  SET
 FORTH IN THIS SECTION, ORDER OR PERFORM ROUTINE PATIENT MONITORING FUNC-
 TIONS  AS MAY BE NECESSARY IN THE DRUG THERAPY MANAGEMENT, INCLUDING THE
 COLLECTING AND REVIEWING OF PATIENT HISTORIES, AND ORDERING OR  CHECKING
 PATIENT  VITAL  SIGNS,  INCLUDING  PULSE,  TEMPERATURE,  BLOOD PRESSURE,
 WEIGHT AND RESPIRATION; AND
   (IV) ACCESS THE COMPLETE PATIENT  MEDICAL  RECORD  MAINTAINED  BY  THE
 TREATING PHYSICIAN OR NURSE PRACTITIONER WITH WHOM THE QUALIFIED PHARMA-
 CIST  HAS  THE  COMPREHENSIVE  MEDICATION  MANAGEMENT PROTOCOL AND SHALL
 DOCUMENT ANY ADJUSTMENTS MADE PURSUANT TO THE PROTOCOL IN THE  PATIENT'S
 MEDICAL  RECORD  AND  SHALL  NOTIFY  THE PATIENT'S TREATING PHYSICIAN OR
 NURSE PRACTITIONER OF ANY ADJUSTMENTS IN A TIMELY MANNER  ELECTRONICALLY
 OR BY OTHER MEANS.
   (B) UNDER NO CIRCUMSTANCES SHALL THE QUALIFIED PHARMACIST BE PERMITTED
 TO  DELEGATE  COMPREHENSIVE  MEDICATION MANAGEMENT SERVICES TO ANY OTHER
 LICENSED PHARMACIST OR OTHER PHARMACY PERSONNEL.
   4. MEDICATION ADJUSTMENTS. ANY  MEDICATION  ADJUSTMENTS  MADE  BY  THE
 QUALIFIED PHARMACIST PURSUANT TO THE COMPREHENSIVE MEDICATION MANAGEMENT
 PROTOCOL,  INCLUDING ADJUSTMENTS IN DRUG STRENGTH, FREQUENCY OR ROUTE OF
 ADMINISTRATION, OR INITIATION OF A DRUG WHICH DIFFERS FROM THAT INITIAL-
 LY PRESCRIBED AND AS DOCUMENTED IN THE PATIENT MEDICAL RECORD, SHALL  BE
 DEEMED  AN  ORAL  PRESCRIPTION  AUTHORIZED  BY AN AGENT OF THE PATIENT'S
 TREATING PHYSICIAN OR NURSE PRACTITIONER AND SHALL BE DISPENSED CONSIST-
 ENT WITH SECTION SIXTY-EIGHT HUNDRED TEN OF THE EDUCATION LAW.  FOR  THE
 PURPOSES  OF  THIS  SECTION,  A PHARMACIST WHO IS NOT AN EMPLOYEE OF THE

 S. 7507                            19                            A. 9507
 
 PHYSICIAN OR NURSE PRACTITIONER MAY BE AUTHORIZED TO SERVE AS  AN  AGENT
 OF THE PHYSICIAN OR NURSE PRACTITIONER.
   5.  REFERRALS.  A  PHYSICIAN  LICENSED PURSUANT TO ARTICLE ONE HUNDRED
 THIRTY-ONE OF THE EDUCATION LAW OR A NURSE PRACTITIONER CERTIFIED PURSU-
 ANT TO SECTION SIXTY-NINE HUNDRED TEN OF  THE  EDUCATION  LAW,  WHO  HAS
 RESPONSIBILITY  FOR  THE  TREATMENT  AND CARE OF A PATIENT FOR A CHRONIC
 DISEASE OR DISEASES AS DETERMINED BY THE PHYSICIAN OR NURSE PRACTITIONER
 MAY REFER THE PATIENT TO A QUALIFIED PHARMACIST FOR COMPREHENSIVE  MEDI-
 CATION  MANAGEMENT  SERVICES,  PURSUANT  TO THE COMPREHENSIVE MEDICATION
 MANAGEMENT PROTOCOL THAT THE PHYSICIAN OR NURSE PRACTITIONER HAS  ESTAB-
 LISHED  WITH  THE  QUALIFIED  PHARMACIST.  THE  PROTOCOL AGREEMENT SHALL
 AUTHORIZE THE PHARMACIST TO SERVE AS AN AGENT OF THE PHYSICIAN OR  NURSE
 PRACTITIONER  AS  DEFINED  BY THE PROTOCOL. SUCH REFERRAL SHALL BE DOCU-
 MENTED IN THE PATIENT'S MEDICAL RECORD.
   6. PATIENT PARTICIPATION. PARTICIPATION  IN  COMPREHENSIVE  MEDICATION
 MANAGEMENT SERVICES SHALL BE VOLUNTARY, AND NO PATIENT, PHYSICIAN, NURSE
 PRACTITIONER  OR PHARMACIST SHALL BE REQUIRED TO PARTICIPATE. THE REFER-
 RAL OF A PATIENT FOR COMPREHENSIVE MEDICATION  MANAGEMENT  SERVICES  AND
 THE  PATIENT'S  RIGHT TO CHOOSE NOT TO PARTICIPATE SHALL BE DISCLOSED TO
 THE PATIENT. COMPREHENSIVE MEDICATION MANAGEMENT SERVICES SHALL  NOT  BE
 UTILIZED  UNLESS  THE PATIENT OR THE PATIENT'S AUTHORIZED REPRESENTATIVE
 CONSENTS, IN WRITING, TO SUCH SERVICES. SUCH CONSENT SHALL BE  NOTED  IN
 THE PATIENT'S MEDICAL RECORD. IF THE PATIENT OR THE PATIENT'S AUTHORIZED
 REPRESENTATIVE  WHO  CONSENTED CHOOSES TO  NO LONGER PARTICIPATE IN SUCH
 SERVICES, AT ANY TIME, THE SERVICES SHALL BE DISCONTINUED AND  IT  SHALL
 BE NOTED IN THE PATIENT'S MEDICAL RECORD.
   §  7.  Subdivision  4  of  section 365-a of the social services law is
 amended by adding a new paragraph (h) to read as follows:
   (H) OPIOIDS PRESCRIBED TO A PATIENT INITIATING OR BEING MAINTAINED  ON
 OPIOID  TREATMENT  FOR  PAIN  WHICH HAS LASTED MORE THAN THREE MONTHS OR
 PAST THE TIME OF  NORMAL  TISSUE  HEALING,  UNLESS  THE  MEDICAL  RECORD
 CONTAINS  A WRITTEN TREATMENT PLAN THAT INCLUDES: GOALS FOR PAIN MANAGE-
 MENT AND FUNCTIONAL  IMPROVEMENT  BASED  ON  DIAGNOSIS;  INFORMATION  ON
 WHETHER  NON-OPIOID  THERAPIES  HAVE  BEEN  TRIED  AND  OPTIMIZED OR ARE
 CONTRAINDICATED; A STATEMENT THAT THE PRESCRIBER HAS  EXPLAINED  TO  THE
 PATIENT THE RISKS OF AND ALTERNATIVES TO OPIOID TREATMENT; AN EVALUATION
 OF  THE  PATIENT  FOR  RISK  FACTORS  OF  HARM AND MISUSE OF OPIOIDS; AN
 ASSESSMENT OF THE PATIENT'S ADHERENCE TO TREATMENT WITH RESPECT TO OTHER
 CONDITIONS TREATED BY THE SAME PROVIDER; THE SIGNATURE  OF  THE  PATIENT
 AND/OR AN ATTESTATION BY THE PRESCRIBER THAT THE PATIENT VERBALLY AGREED
 TO THE TREATMENT PLAN; AND ANY OTHER INFORMATION REQUIRED BY THE DEPART-
 MENT.   SUCH TREATMENT PLAN SHALL BE UPDATED TWICE WITHIN THE YEAR IMME-
 DIATELY FOLLOWING ITS INITIATION AND ANNUALLY THEREAFTER.  THE  REQUIRE-
 MENTS  OF THIS PARAGRAPH SHALL NOT APPLY IN THE CASE OF PATIENTS WHO ARE
 BEING TREATED FOR CANCER THAT IS NOT IN REMISSION, WHO ARE IN HOSPICE OR
 OTHER END-OF-LIFE CARE, OR WHOSE PAIN IS BEING TREATED AS PART OF PALLI-
 ATIVE CARE PRACTICES.
   § 8. Subdivision 2 of section 280 of the public health law, as amended
 by section 1 of part D of chapter 57 of the laws of 2017, is amended  to
 read as follows:
   2.  The  commissioner  shall  establish  a  year to year department of
 health state-funds Medicaid drug spending growth target as follows:
   (a) for state fiscal year two thousand seventeen--two  thousand  eigh-
 teen,  be  limited to the ten-year rolling average of the medical compo-
 nent of the consumer price index plus five percent and minus a  pharmacy
 savings target of fifty-five million dollars; [and]

 S. 7507                            20                            A. 9507
 
   (b)  for  state  fiscal year two thousand eighteen--two thousand nine-
 teen, be limited to the ten-year rolling average of the  medical  compo-
 nent  of the consumer price index plus four percent and minus a pharmacy
 savings target of eighty-five million dollars[.]; AND
   (C)  FOR STATE FISCAL YEAR TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY,
 BE LIMITED TO THE TEN-YEAR ROLLING AVERAGE OF THE MEDICAL  COMPONENT  OF
 THE  CONSUMER PRICE INDEX PLUS FOUR PERCENT AND MINUS A PHARMACY SAVINGS
 TARGET OF EIGHTY-FIVE MILLION DOLLARS.
   § 9. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2018; provided,
 however,  that sections two and three of this act shall take effect July
 1, 2018; and provided further, however, that the amendments to paragraph
 (d) of subdivision 9 and paragraph (c) of  subdivision  6    of  section
 367-a of the social services law made by sections one and three, respec-
 tively,  of  this  act shall not affect the expiration or repeal of such
 provisions and shall expire or be deemed repealed therewith.
 
                                  PART E
 
   Section 1. Subdivision 4 of section 365-h of the social services  law,
 as  separately  amended by section 50 of part B and section 24 of part D
 of chapter 57 of the laws of 2015, is amended to read as follows:
   4. The commissioner of health is authorized to  assume  responsibility
 from  a  local social services official for the provision and reimburse-
 ment of transportation costs under this  section.  If  the  commissioner
 elects  to assume such responsibility, the commissioner shall notify the
 local social services official in writing as to the election,  the  date
 upon  which  the  election shall be effective and such information as to
 transition of responsibilities as the commissioner  deems  prudent.  The
 commissioner  is authorized to contract with a transportation manager or
 managers to manage transportation services in any local social  services
 district,  other  than  transportation services provided or arranged for
 enrollees of [managed  long  term  care  plans  issued  certificates  of
 authority  under section forty-four hundred three-f of the public health
 law] A PROGRAM DESIGNATED AS A PROGRAM OF  ALL-INCLUSIVE  CARE  FOR  THE
 ELDERLY  (PACE)  AS AUTHORIZED BY FEDERAL PUBLIC LAW 1053-33, SUBTITLE 1
 OF TITLE IV OF THE BALANCED BUDGET ACT  OF  1997.    Any  transportation
 manager  or  managers selected by the commissioner to manage transporta-
 tion services shall have proven experience in  coordinating  transporta-
 tion  services  in a geographic and demographic area similar to the area
 in New York state within which the contractor would manage the provision
 of services under this section. Such a contract or contracts may include
 responsibility for: review, approval and  processing  of  transportation
 orders;  management  of the appropriate level of transportation based on
 documented patient medical need; and  development  of  new  technologies
 leading to efficient transportation services. If the commissioner elects
 to assume such responsibility from a local social services district, the
 commissioner  shall examine and, if appropriate, adopt quality assurance
 measures that may include, but are not limited  to,  global  positioning
 tracking  system  reporting  requirements and service verification mech-
 anisms. Any and all  reimbursement  rates  developed  by  transportation
 managers  under  this  subdivision  shall  be  subject to the review and
 approval of the commissioner.
   § 2. The opening paragraph of  subdivision  1  and  subdivision  3  of
 section  367-s  of  the social services law, as amended by section 53 of

 S. 7507                            21                            A. 9507
 
 part B of chapter 57 of the  laws  of  2015,  are  amended  to  read  as
 follows:
   Notwithstanding  any  provision of law to the contrary, a supplemental
 medical assistance payment shall be made on an annual basis to providers
 of emergency medical transportation services in an aggregate amount  not
 to exceed four million dollars for two thousand six, six million dollars
 for  two thousand seven, six million dollars for two thousand eight, six
 million dollars for the period May first, two thousand fourteen  through
 March thirty-first, two thousand fifteen, and six million dollars [annu-
 ally  beginning with] ON AN ANNUAL BASIS FOR the period April first, two
 thousand fifteen through  March  thirty-first,  two  thousand  [sixteen]
 EIGHTEEN pursuant to the following methodology:
   3. If all necessary approvals under federal law and regulation are not
 obtained  to  receive  federal  financial  participation in the payments
 authorized by this section, payments under this section shall be made in
 an aggregate amount not to exceed two million dollars for  two  thousand
 six, three million dollars for two thousand seven, three million dollars
 for  two thousand eight, three million dollars for the period May first,
 two thousand fourteen through March thirty-first, two thousand  fifteen,
 and  three  million dollars [annually beginning with] ON AN ANNUAL BASIS
 FOR the period April first, two thousand fifteen through  March  thirty-
 first,  two  thousand [sixteen] EIGHTEEN.   In such case, the multiplier
 set forth in paragraph (b) of subdivision one of this section  shall  be
 deemed  to be two million dollars or three million dollars as applicable
 to the annual period.
   § 3. Subdivision 5 of section 365-h of  the  social  services  law  is
 REPEALED.
   §  4.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2018; provided,
 however, that section one of this act shall take effect October 1, 2018;
 provided, further that the amendments to subdivision 4 of section  365-h
 of  the  social  services  law made by section one of this act shall not
 affect the repeal of  such  section  and  shall  expire  and  be  deemed
 repealed therewith.
 
                                  PART F
 
   Section  1. Notwithstanding any inconsistent provision of law, rule or
 regulation to the contrary, if a Medicaid managed care plan  or  managed
 long  term  care  plan  that  has been issued a certificate of authority
 pursuant to article 44 of the public health law and that  satisfies  the
 definition  of corporation in subparagraph 5 of paragraph (a) of section
 102 of the not-for-profit corporation law or  is  exempt  from  taxation
 under  section 501 of the Internal Revenue Code of 1986 has an aggregate
 accumulated contingent reserve, across all  of  its  Medicaid  lines  of
 business,  in  an  amount  that  exceeds  the minimum contingent reserve
 amount required by regulations of the department of health, the  commis-
 sioner  of health shall be authorized to make prospective adjustments to
 the Medicaid capitation rates of such plan and shall apply any  relevant
 criteria  as  determined necessary in his or her discretion, in order to
 achieve a reduction in Medicaid reimbursement to the plan equal  to  the
 amount of the excess, or such lesser amount as determined by the commis-
 sioner of health.
   § 2. This act shall take effect April 1, 2018.
 
                                  PART G

 S. 7507                            22                            A. 9507
 
   Section  1.  The  public health law is amended by adding a new article
 29-J to read as follows:
                               ARTICLE 29-J
                HEALTH SERVICES OFFERED BY RETAIL PRACTICES
 SECTION 2999-HH. DEFINITIONS.
         2999-II. RETAIL PRACTICE SPONSORS.
         2999-JJ. RETAIL PRACTICES.
         2999-KK. ACCREDITATION.
         2999-LL. OTHER LAWS.
   § 2999-HH. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
   1. "REPORTABLE EVENT" SHALL MEAN:
   (A)  THE  TRANSFER  OF AN INDIVIDUAL WHO VISITS A RETAIL PRACTICE TO A
 HOSPITAL OR EMERGENCY DEPARTMENT DURING SUCH VISIT; OR
   (B) THE DEATH OF AN INDIVIDUAL WHO VISITS  A  RETAIL  PRACTICE  DURING
 SUCH VISIT.
   2.  "COLLABORATIVE  RELATIONSHIP"  SHALL MEAN AN ARRANGEMENT BETWEEN A
 RETAIL PRACTICE AND ONE OR MORE OF THE FOLLOWING ENTITIES LOCATED WITHIN
 THE SAME GEOGRAPHIC REGION AS THE RETAIL PRACTICE, DESIGNED  TO  FACILI-
 TATE  DEVELOPMENT  AND  IMPLEMENTATION  OF  STRATEGIES  THAT SUPPORT THE
 PROVISION OF COORDINATED  CARE  WITHIN  THE  POPULATION  SERVED  BY  THE
 PARTIES TO SUCH RELATIONSHIP:
   (A) A HOSPITAL LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAP-
 TER;
   (B) A PHYSICIAN PRACTICE;
   (C)  AN  ACCOUNTABLE  CARE  ORGANIZATION CERTIFIED PURSUANT TO ARTICLE
 TWENTY-NINE-E OF THIS CHAPTER; OR
   (D) A PERFORMING PROVIDER SYSTEM  UNDER  THE  DELIVERY  SYSTEM  REFORM
 INCENTIVE PAYMENT PROGRAM.
   3.  "RETAIL  HEALTH  SERVICES"  SHALL  MEAN  THE  SERVICES OFFERED AND
 PROVIDED BY A RETAIL PRACTICE.
   (A) RETAIL HEALTH SERVICES SHALL INCLUDE:
   (I) THE PROVISION OF TREATMENT AND  SERVICES  TO  PATIENTS  FOR  MINOR
 ACUTE EPISODIC ILLNESSES OR CONDITIONS;
   (II)  EPISODIC PREVENTIVE AND WELLNESS TREATMENTS AND SERVICES SUCH AS
 IMMUNIZATIONS, EXCEPT AS OTHERWISE SPECIFIED IN PARAGRAPH  (C)  OF  THIS
 SUBDIVISION;
   (III) TREATMENT AND SERVICES FOR MINOR TRAUMAS THAT ARE NOT REASONABLY
 LIKELY  TO  BE  LIFE  THREATENING OR POTENTIALLY DISABLING IF AMBULATORY
 CARE WITHIN THE CAPACITY OF THE RETAIL PRACTICE IS PROVIDED;
   (IV) ADMINISTRATION OF AN OPIOID ANTAGONIST IN THE EVENT OF  AN  EMER-
 GENCY; AND
   (V) LIMITED SCREENING AND REFERRAL FOR BEHAVIORAL HEALTH CONDITIONS.
   (B)  RETAIL HEALTH SERVICES MAY INCLUDE LABORATORY TESTS AT THE OPTION
 OF THE RETAIL PRACTICE, PROVIDED THAT:
   (I) SUCH TESTS ARE ADMINISTERED SOLELY AS AN ADJUNCT TO  TREATMENT  OF
 PATIENTS  VISITING THE RETAIL PRACTICE, WITH ALL SPECIMENS COLLECTED AND
 TESTING PERFORMED ON-SITE;
   (II) SUCH TESTS ARE "WAIVED TESTS", MEANING A CLINICAL LABORATORY TEST
 THAT HAS BEEN DESIGNATED AS A WAIVED TEST OR  IS  OTHERWISE  SUBJECT  TO
 CERTIFICATE  OF  WAIVER  REQUIREMENTS  PURSUANT  TO THE FEDERAL CLINICAL
 LABORATORY IMPROVEMENT ACT OF NINETEEN HUNDRED EIGHTY-EIGHT, AS AMENDED;
 AND
   (III) THE RETAIL PRACTICE OBTAINS APPROVAL FROM THE DEPARTMENT  PURSU-
 ANT TO SECTION FIVE HUNDRED SEVENTY-NINE OF THIS CHAPTER.
   (C) RETAIL HEALTH SERVICES SHALL NOT INCLUDE:

 S. 7507                            23                            A. 9507
 
   (I)  THE PERFORMANCE OF PROCEDURES INVOLVING THE PROVISION OF SEDATION
 OR ANESTHESIA;
   (II)  THE  PROVISION OF SERVICES TO PATIENTS TWENTY-FOUR MONTHS OF AGE
 OR YOUNGER;
   (III) THE PROVISION OF IMMUNIZATIONS TO PATIENTS  BETWEEN  TWENTY-FOUR
 MONTHS  AND  EIGHTEEN  YEARS  OF  AGE,  OTHER THAN IMMUNIZATIONS AGAINST
 INFLUENZA;
   (IV) SERVICES PROVIDED BY PHARMACISTS PURSUANT TO ARTICLE ONE  HUNDRED
 THIRTY-SEVEN OF THE EDUCATION LAW;
   (V)  HEALTH  SERVICES PROVIDED ON-SITE BY AN EMPLOYER TO ITS EMPLOYEES
 IN A RETAIL BUSINESS OPERATION;
   (V) HEALTH SERVICES PROVIDED ON A TIME-LIMITED BASIS SUCH AS FLU CLIN-
 ICS OR HEALTH FAIRS; OR
   (VI) EDUCATIONAL COURSES OFFERED  TO  INDIVIDUALS  ON  HEALTH  TOPICS,
 INCLUDING INSTRUCTION IN SELF-MANAGEMENT OF MEDICAL CONDITIONS.
   4. "RETAIL PRACTICE" SHALL MEAN AN ENTITY WHICH:
   (A) IS LOCATED WITHIN THE SPACE OF A RETAIL BUSINESS OPERATION OPEN TO
 THE  GENERAL  PUBLIC,  SUCH  THAT CUSTOMER ACCESS TO THE RETAIL PRACTICE
 LOCATION IS AVAILABLE WITHIN THE MAIN PREMISES OF THE RETAIL OPERATION;
   (B) PROVIDES RETAIL HEALTH SERVICES, AS DEFINED IN  SUBDIVISION  THREE
 OF THIS SECTION;
   (C)  IS  ESTABLISHED  AND  OVERSEEN  BY  A RETAIL PRACTICE SPONSOR, AS
 DEFINED IN SUBDIVISION FIVE OF THIS SECTION;
   (D) IS STAFFED AT ALL TIMES BY, AT A  MINIMUM,  ONE  OR  MORE  OF  THE
 FOLLOWING:    A PHYSICIAN LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIR-
 TY-ONE OF THE EDUCATION LAW, A PHYSICIAN ASSISTANT LICENSED PURSUANT  TO
 ARTICLE  ONE  HUNDRED  THIRTY-ONE-A OF THE EDUCATION LAW, AND/OR A NURSE
 PRACTITIONER LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-NINE OF THE
 EDUCATION LAW; PROVIDED THAT NO  MORE  THAN  FOUR  PHYSICIAN  ASSISTANTS
 EMPLOYED  BY  A  RETAIL PRACTICE SPONSOR SHALL BE SUPERVISED BY A SINGLE
 PHYSICIAN; AND
   (E) IS ACCREDITED AS SET FORTH IN SECTION TWENTY-NINE HUNDRED  NINETY-
 NINE-KK OF THIS ARTICLE.
   5.  "RETAIL  PRACTICE  SPONSOR"  SHALL MEAN AN ENTITY FORMED UNDER THE
 LAWS OF THE STATE OF NEW YORK, WHICH MAY INCLUDE STOCKHOLDERS OR MEMBERS
 WHICH ARE NOT NATURAL PERSONS, AND WHICH OPERATES  ONE  OR  MORE  RETAIL
 PRACTICES.   RETAIL PRACTICE SPONSORS MAY INCLUDE BUSINESS CORPORATIONS,
 AND GENERAL HOSPITALS,  NURSING  HOMES,  AND  DIAGNOSTIC  AND  TREATMENT
 CENTERS LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
   § 2999-II. RETAIL PRACTICE SPONSORS. 1. NOTWITHSTANDING ANY LAW TO THE
 CONTRARY, A RETAIL PRACTICE SPONSOR MAY OPERATE ONE OR MORE RETAIL PRAC-
 TICES TO PROVIDE RETAIL HEALTH SERVICES IN ACCORDANCE WITH THIS ARTICLE.
   2. A RETAIL PRACTICE SPONSOR SHALL:
   (A)  EMPLOY OR OTHERWISE RETAIN THE SERVICES OF A MEDICAL DIRECTOR WHO
 IS LICENSED AND CURRENTLY REGISTERED TO PRACTICE MEDICINE IN  THE  STATE
 OF NEW YORK TO OVERSEE THE DEVELOPMENT OF AND ADHERENCE TO MEDICAL POLI-
 CIES  AND PROCEDURES USED IN THE RETAIL PRACTICES OPERATED BY THE RETAIL
 PRACTICE SPONSOR;
   (B) ESTABLISH AND MAINTAIN POLICIES AND  PROCEDURES  REQUIRING  RETAIL
 PRACTICES  TO  COMPLY WITH THE PROVISIONS OF SECTION TWENTY-NINE HUNDRED
 NINETY-NINE-JJ OF THIS ARTICLE;
   (C) NOTIFY THE DEPARTMENT WHEN IT IS PREPARED TO COMMENCE OPERATION OF
 A RETAIL PRACTICE BY:
   (I) IDENTIFYING THE CORPORATE NAME OF  THE  RETAIL  PRACTICE  SPONSOR,
 PROVIDING  DOCUMENTATION OF ITS ORGANIZATION UNDER THE LAWS OF THE STATE

 S. 7507                            24                            A. 9507
 
 OF NEW YORK, AND IDENTIFYING THE INDIVIDUAL WHO WILL SERVE AS THE  POINT
 OF CONTACT BETWEEN THE RETAIL PRACTICE SPONSOR AND THE DEPARTMENT;
   (II)  IDENTIFYING THE LOCATION OF THE RETAIL PRACTICE, THE SERVICES TO
 BE OFFERED BY THE RETAIL PRACTICE, THE NAME OF THE  INDIVIDUAL  EMPLOYED
 WITH THE OVERALL RESPONSIBILITY FOR THE ON-SITE MANAGEMENT OF THE RETAIL
 PRACTICE, AND THE STAFFING PLAN FOR THE RETAIL PRACTICE;
   (III)  IDENTIFYING  THE  ENTITIES  WITH WHICH THE RETAIL PRACTICE WILL
 COLLABORATE PURSUANT TO SUBDIVISION TWO OF SECTION  TWENTY-NINE  HUNDRED
 NINETY-NINE-HH OF THIS ARTICLE; AND
   (IV)  IDENTIFYING  THE  DATE  ON  WHICH IT ANTICIPATES THAT THE RETAIL
 PRACTICE WILL BE OPEN FOR BUSINESS;
   (D) PROMPTLY UPDATE THE DEPARTMENT AS TO ANY CHANGES IN  THE  INFORMA-
 TION REQUIRED UNDER SUBDIVISION THREE OF THIS SECTION; AND
   (E)  PROVIDE  INFORMATION  TO  THE  DEPARTMENT AT A FREQUENCY AND IN A
 MANNER DETERMINED BY THE DEPARTMENT, WHICH AT A MINIMUM SHALL INCLUDE AN
 ANNUAL REPORT THAT PROVIDES DATA, FOR EACH RETAIL PRACTICE  OPERATED  BY
 THE RETAIL PRACTICE, ON:
   (I) THE NUMBER OF VISITS THAT OCCURRED DURING THE TIMEFRAME IDENTIFIED
 BY THE DEPARTMENT;
   (II) THE SERVICES PROVIDED TO PATIENTS;
   (III) THE SOURCE OF PAYMENT FOR SERVICES PROVIDED;
   (IV) THE NUMBER OF REFERRALS TO PRIMARY CARE PRACTITIONERS MADE; AND
   (V) THE NUMBER OF REPORTABLE EVENTS THAT OCCURRED.
   3.  (A)  IN  DISCHARGING THE DUTIES OF THEIR RESPECTIVE POSITIONS, THE
 BOARD OF DIRECTORS, COMMITTEES OF THE BOARD,  AND  INDIVIDUAL  DIRECTORS
 AND  OFFICERS  OF  A RETAIL PRACTICE SPONSOR THAT OPERATES THREE OR MORE
 RETAIL PRACTICES SHALL CONSIDER THE EFFECTS OF ANY ACTION UPON:
   (I) THE ABILITY OF THE BUSINESS CORPORATION TO ACCOMPLISH ITS PURPOSE;
   (II) THE SHAREHOLDERS OF THE BUSINESS CORPORATION;
   (III) THE INTERESTS OF PATIENTS OF THE RETAIL PRACTICES;
   (IV) COMMUNITY AND SOCIETAL CONSIDERATIONS,  INCLUDING  THOSE  OF  THE
 COMMUNITIES IN WHICH RETAIL PRACTICES ARE LOCATED.
   (B)  THE CONSIDERATION OF INTERESTS AND FACTORS IN THE MANNER REQUIRED
 IN PARAGRAPH (A) OF THIS SUBDIVISION:
   (I) SHALL NOT CONSTITUTE A VIOLATION  OF  THE  PROVISIONS  OF  SECTION
 SEVEN  HUNDRED FIFTEEN OR SEVEN HUNDRED SEVENTEEN OF THE BUSINESS CORPO-
 RATION LAW; AND
   (II) IS IN ADDITION TO THE ABILITY OF DIRECTORS TO CONSIDER  INTERESTS
 AND  FACTORS AS PROVIDED IN SECTION SEVEN HUNDRED SEVENTEEN OF THE BUSI-
 NESS CORPORATION LAW.
   (C) A RETAIL PRACTICE SPONSOR THAT OPERATES THREE OR MORE RETAIL PRAC-
 TICES SHALL PUBLISH ON A PUBLICLY AVAILABLE WEBSITE A DESCRIPTION OF HOW
 ITS OPERATION OF EXISTING AND PLANNED RETAIL PRACTICES:
   (I) WILL IMPROVE ACCESS TO SERVICES IN THE COMMUNITIES WHERE THEY  ARE
 LOCATED;
   (II)  SUPPORTS  A COMMITMENT TO OFFER ASSISTANCE TO INDIVIDUALS WHO DO
 NOT HAVE HEALTH CARE COVERAGE;
   (III) SUPPORTS AN OVERALL COMMITMENT BY THE RETAIL PRACTICE SPONSOR TO
 OPERATE SOME OF ITS RETAIL PRACTICES IN MEDICALLY UNDERSERVED  AREAS  OF
 THE STATE AS DEFINED BY THE COMMISSIONER; AND
   (IV) WILL OTHERWISE BENEFIT THE COMMUNITIES WHERE THEY ARE LOCATED.
   §  2999-JJ.  RETAIL  PRACTICES. 1. RETAIL HEALTH SERVICES SHALL NOT BE
 PROVIDED IN A RETAIL BUSINESS OPERATION OPEN TO  THE  PUBLIC  EXCEPT  IN
 ACCORDANCE WITH THIS ARTICLE.
   2. NOTWITHSTANDING ANY LAW TO THE CONTRARY, A RETAIL PRACTICE SHALL:
   (A) PROVIDE RETAIL HEALTH SERVICES AND ONLY RETAIL HEALTH SERVICES;

 S. 7507                            25                            A. 9507
 
   (B) PROVIDE TREATMENT WITHOUT DISCRIMINATION AS TO SOURCE OF PAYMENT;
   (C)  MAINTAIN  A  POLICY  OFFERING  A  SLIDING  SCALE  FOR PAYMENT FOR
 PATIENTS WHO DO NOT HAVE HEALTH CARE COVERAGE AND PUBLISH SUCH POLICY ON
 A PUBLICLY AVAILABLE WEBSITE;
   (D) PROVIDE TO PATIENTS WHO INDICATE THAT THEY DO NOT HAVE HEALTH CARE
 COVERAGE INFORMATION ON THE STATE HEALTH BENEFIT EXCHANGE, INCLUDING THE
 WEBSITE ADDRESS FOR THE EXCHANGE AND CONTACT INFORMATION FOR LOCAL NAVI-
 GATORS OFFERING IN-PERSON ENROLLMENT ASSISTANCE;
   (E) ACCEPT WALK-IN PATIENTS WITHOUT PREVIOUSLY SCHEDULED APPOINTMENTS;
   (F) OFFER BUSINESS HOURS FOR A MINIMUM OF TWELVE HOURS PER DAY AND SIX
 DAYS PER WEEK OR, IF THE RETAIL BUSINESS IN WHICH THE RETAIL PRACTICE IS
 LOCATED IS OPEN FOR LESS THAN TWELVE HOURS PER  DAY  AND  SIX  DAYS  PER
 WEEK,  THEN  THE  RETAIL PRACTICE SHALL OFFER THE SAME BUSINESS HOURS AS
 THE RETAIL BUSINESS;
   (G) PUBLISH A LIST OF THE  RETAIL  HEALTH  SERVICES  IT  OFFERS  ON  A
 PUBLICLY AVAILABLE WEBSITE TOGETHER WITH THE PRICES OF SUCH SERVICES;
   (H)  POST  SIGNS  IN A CONSPICUOUS LOCATION IN LARGE TYPE STATING THAT
 PRESCRIPTIONS AND  OVER-THE-COUNTER  SUPPLIES  MAY  BE  PURCHASED  BY  A
 PATIENT FROM ANY BUSINESS AND DO NOT NEED TO BE PURCHASED ON-SITE;
   (I) ENTER INTO AND MAINTAIN AT LEAST ONE COLLABORATIVE RELATIONSHIP AS
 DEFINED IN SUBDIVISION TWO OF SECTION TWENTY-NINE HUNDRED NINETY-NINE-HH
 OF THIS ARTICLE;
   (J)  INQUIRE  OF  EACH  PATIENT  WHETHER  HE OR SHE HAS A PRIMARY CARE
 PROVIDER;
   (K) MAINTAIN AND REGULARLY UPDATE A LIST OF LOCAL PRIMARY CARE PROVID-
 ERS AND PROVIDE SUCH LIST TO EACH PATIENT WHO INDICATES THAT HE  OR  SHE
 DOES NOT HAVE A PRIMARY CARE PROVIDER;
   (L)  REFER  PATIENTS  TO  THEIR PRIMARY CARE PROVIDERS OR OTHER HEALTH
 CARE PROVIDERS AS APPROPRIATE;
   (M) TRANSMIT,  BY  ELECTRONIC  MEANS  WHENEVER  POSSIBLE,  RECORDS  OF
 SERVICES  TO  PATIENTS'  PRIMARY  CARE PROVIDERS AND MAINTAIN RECORDS OF
 SERVICES FOR A MINIMUM OF SIX YEARS;
   (N) EXECUTE PARTICIPATION AGREEMENTS WITH HEALTH INFORMATION ORGANIZA-
 TIONS, ALSO KNOWN AS QUALIFIED ENTITIES, PURSUANT TO  WHICH  THE  RETAIL
 PRACTICE  SHALL AGREE TO PARTICIPATE IN THE STATEWIDE HEALTH INFORMATION
 NETWORK FOR NEW YORK (SHIN-NY);
   (O) ATTAIN AND MAINTAIN ACCREDITATION PURSUANT TO SECTION  TWENTY-NINE
 HUNDRED NINETY-NINE-KK OF THIS SECTION; AND
   (P)  REPORT  REPORTABLE  EVENTS TO THE ACCREDITING ENTITY WITHIN THREE
 BUSINESS DAYS OF THE OCCURRENCE OF SUCH REPORTABLE EVENT.
   3. ENTITIES MEETING THE DEFINITION OF A RETAIL PRACTICE AS  SET  FORTH
 IN  THIS  ARTICLE AND PROVIDING SERVICES ON OR BEFORE THE EFFECTIVE DATE
 OF THIS ARTICLE SHALL HAVE ONE HUNDRED TWENTY DAYS AFTER SUCH  EFFECTIVE
 DATE TO NOTIFY THE DEPARTMENT OF COMPLIANCE THEREWITH.
   §  2999-KK. ACCREDITATION.   1. A RETAIL PRACTICE SHALL BE REQUIRED TO
 ATTAIN AND MAINTAIN ACCREDITATION BY A NATIONALLY RECOGNIZED ACCREDITING
 ENTITY AS DETERMINED BY THE DEPARTMENT.
   2. THE ACCREDITING ENTITY SHALL BE REQUIRED TO NOTIFY  THE  DEPARTMENT
 PROMPTLY IF A RETAIL PRACTICE LOSES ITS ACCREDITATION.
   3.  THE  ACCREDITING  ENTITY  SHALL  BE REQUIRED TO REPORT DATA ON ALL
 RETAIL PRACTICES ACCREDITED BY SUCH ENTITY TO THE COMMISSIONER.
   § 2999-LL. OTHER LAWS.  1. NOTHING IN THIS ARTICLE SHALL BE DEEMED  TO
 ALTER  THE  SCOPE  OF PRACTICE OF ANY PRACTITIONER LICENSED OR CERTIFIED
 UNDER TITLE EIGHT OF THE EDUCATION LAW.
   2. NOTHING IN THIS ARTICLE SHALL BE DEEMED TO MITIGATE  THE  RESPONSI-
 BILITY  OF ANY INDIVIDUAL PRACTITIONER LICENSED OR CERTIFIED UNDER TITLE

 S. 7507                            26                            A. 9507
 
 EIGHT OF THE EDUCATION LAW FROM ACCOUNTABILITY FOR HIS  OR  HER  ACTIONS
 UNDER APPLICABLE PROVISIONS OF LAW.
   3.  A  RETAIL  PRACTICE SHALL BE DEEMED TO BE A "HEALTH CARE PROVIDER"
 FOR THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF THIS CHAPTER.
   4. A PRESCRIBER PRACTICING IN A RETAIL PRACTICE SHALL NOT BE DEEMED TO
 BE IN THE EMPLOY OF A PHARMACY OR PRACTICING IN A HOSPITAL FOR  PURPOSES
 OF SUBDIVISION TWO OF SECTION SIXTY-EIGHT HUNDRED SEVEN OF THE EDUCATION
 LAW.
   § 2. This act shall take effect immediately.
 
                                  PART H

   Section  1.  Section  6902 of the education law is amended by adding a
 new subdivision 4 to read as follows:
   4. (A) THE PRACTICE OF REGISTERED PROFESSIONAL NURSING BY A  CERTIFIED
 REGISTERED NURSE ANESTHETIST, CERTIFIED UNDER SECTION SIXTY-NINE HUNDRED
 TWELVE OF THIS ARTICLE MAY INCLUDE THE PRACTICE OF NURSE ANESTHESIA.
   (I)  SUBJECT  TO  THE PROVISIONS OF PARAGRAPH (E) OF THIS SUBDIVISION,
 NURSE ANESTHESIA INCLUDES: THE ADMINISTRATION OF  ANESTHESIA  AND  ANES-
 THESIA  RELATED CARE TO PATIENTS; PRE-ANESTHESIA EVALUATION AND PREPARA-
 TION; ANESTHETIC INDUCTION, MAINTENANCE AND EMERGENCE;  POST  ANESTHESIA
 CARE;  PERIANESTHESIA  NURSING  AND CLINICAL SUPPORT FUNCTIONS; AND PAIN
 MANAGEMENT.
   (II) NURSE  ANESTHESIA  MUST  BE  PROVIDED  IN  COLLABORATION  WITH  A
 LICENSED  PHYSICIAN  QUALIFIED  TO  DETERMINE  THE  NEED  FOR ANESTHESIA
 SERVICES, PROVIDED SUCH SERVICES ARE  PERFORMED  IN  ACCORDANCE  WITH  A
 WRITTEN  PRACTICE  AGREEMENT AND WRITTEN PRACTICE PROTOCOLS AS SET FORTH
 IN PARAGRAPH (B)  OF  THIS  SUBDIVISION  OR  PURSUANT  TO  COLLABORATIVE
 RELATIONSHIPS  AS SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION, WHICH-
 EVER IS APPLICABLE.
   (III) PRESCRIPTIONS FOR DRUGS, DEVICES, AND ANESTHETIC  AGENTS,  ANES-
 THESIA  RELATED  AGENTS,  AND  PAIN MANAGEMENT AGENTS MAY BE ISSUED BY A
 CERTIFIED REGISTERED NURSE ANESTHETIST, IN ACCORDANCE WITH  THE  WRITTEN
 PRACTICE AGREEMENT AND WRITTEN PRACTICE PROTOCOLS DESCRIBED IN PARAGRAPH
 (B)  OF  THIS  SUBDIVISION IF APPLICABLE. THE CERTIFIED REGISTERED NURSE
 ANESTHETIST SHALL OBTAIN A CERTIFICATE FROM THE DEPARTMENT UPON SUCCESS-
 FULLY COMPLETING A PROGRAM INCLUDING AN APPROPRIATE PHARMACOLOGY  COMPO-
 NENT,  OR  ITS  EQUIVALENT,  AS  ESTABLISHED BY THE COMMISSIONER'S REGU-
 LATIONS, PRIOR TO PRESCRIBING UNDER THIS SUBPARAGRAPH.  THE  CERTIFICATE
 ISSUED  UNDER  SECTION  SIXTY-NINE  HUNDRED TWELVE OF THIS ARTICLE SHALL
 STATE WHETHER THE CERTIFIED REGISTERED NURSE ANESTHETIST HAS SUCCESSFUL-
 LY COMPLETED SUCH A PROGRAM OR EQUIVALENT AND IS AUTHORIZED TO PRESCRIBE
 UNDER THIS SUBDIVISION.
   (B) A CERTIFIED REGISTERED NURSE ANESTHETIST CERTIFIED  UNDER  SECTION
 SIXTY-NINE  HUNDRED TWELVE OF THIS ARTICLE AND PRACTICING FOR THIRTY-SIX
 HUNDRED HOURS OR LESS SHALL DO SO IN ACCORDANCE WITH A WRITTEN  PRACTICE
 AGREEMENT  AND  WRITTEN  PRACTICE  PROTOCOLS  AGREED  UPON BY A LICENSED
 PHYSICIAN QUALIFIED BY EDUCATION AND EXPERIENCE TO  DETERMINE  THE  NEED
 FOR ANESTHESIA.
   (I)  THE  WRITTEN PRACTICE AGREEMENT SHALL INCLUDE EXPLICIT PROVISIONS
 FOR THE RESOLUTION OF ANY DISAGREEMENT BETWEEN THE COLLABORATING  PHYSI-
 CIAN  AND  THE CERTIFIED REGISTERED NURSE ANESTHETIST REGARDING A MATTER
 OF ANESTHESIA OR PAIN MANAGEMENT TREATMENT THAT IS WITHIN THE  SCOPE  OF
 PRACTICE  OF  BOTH.  TO  THE  EXTENT  THE PRACTICE AGREEMENT DOES NOT SO
 PROVIDE, THEN THE COLLABORATING PHYSICIAN'S TREATMENT SHALL PREVAIL.

 S. 7507                            27                            A. 9507
 
   (II) EACH PRACTICE AGREEMENT SHALL PROVIDE FOR PATIENT RECORDS  REVIEW
 BY  THE COLLABORATING PHYSICIAN IN A TIMELY FASHION BUT IN NO EVENT LESS
 OFTEN THAN EVERY THREE MONTHS.  THE NAMES OF  THE  CERTIFIED  REGISTERED
 NURSE ANESTHETIST AND THE COLLABORATING PHYSICIAN SHALL BE CLEARLY POST-
 ED  IN  THE  PRACTICE SETTING OF THE CERTIFIED REGISTERED NURSE ANESTHE-
 TIST.
   (III) THE PRACTICE PROTOCOL SHALL REFLECT CURRENT ACCEPTED MEDICAL AND
 NURSING PRACTICE.   THE PROTOCOLS SHALL BE  FILED  WITH  THE  DEPARTMENT
 WITHIN  NINETY  DAYS  OF  THE  COMMENCEMENT  OF  THE PRACTICE AND MAY BE
 UPDATED PERIODICALLY. THE COMMISSIONER SHALL MAKE REGULATIONS ESTABLISH-
 ING THE PROCEDURE FOR THE REVIEW OF PROTOCOLS AND THE DISPOSITION OF ANY
 ISSUES ARISING FROM SUCH REVIEW.
   (C) A CERTIFIED REGISTERED NURSE ANESTHETIST CERTIFIED  UNDER  SECTION
 SIXTY-NINE  HUNDRED  TWELVE OF THIS ARTICLE AND PRACTICING FOR MORE THAN
 THIRTY-SIX HUNDRED HOURS SHALL HAVE COLLABORATIVE RELATIONSHIPS WITH ONE
 OR MORE LICENSED PHYSICIANS QUALIFIED TO DETERMINE THE  NEED  FOR  ANES-
 THESIA  SERVICES  OR  A HOSPITAL, LICENSED UNDER ARTICLE TWENTY-EIGHT OF
 THE PUBLIC HEALTH LAW, THAT PROVIDES SERVICES  THROUGH  LICENSED  PHYSI-
 CIANS QUALIFIED TO DETERMINE THE NEED FOR ANESTHESIA SERVICES AND HAVING
 PRIVILEGES AT SUCH INSTITUTION.
   (I)  FOR  PURPOSES  OF  THIS  PARAGRAPH, "COLLABORATIVE RELATIONSHIPS"
 SHALL MEAN THAT THE CERTIFIED REGISTERED NURSE ANESTHETIST SHALL  COMMU-
 NICATE,  WHETHER  IN  PERSON, BY TELEPHONE OR THROUGH WRITTEN (INCLUDING
 ELECTRONIC) MEANS, WITH A LICENSED PHYSICIAN QUALIFIED TO DETERMINE  THE
 NEED  FOR ANESTHESIA SERVICES OR, IN THE CASE OF A HOSPITAL, COMMUNICATE
 WITH A LICENSED PHYSICIAN QUALIFIED TO DETERMINE THE NEED FOR ANESTHESIA
 SERVICES AND HAVING PRIVILEGES AT SUCH HOSPITAL,  FOR  THE  PURPOSES  OF
 EXCHANGING  INFORMATION,  AS  NEEDED,  IN ORDER TO PROVIDE COMPREHENSIVE
 PATIENT CARE AND TO MAKE REFERRALS AS NECESSARY.
   (II) AS EVIDENCE THAT THE CERTIFIED REGISTERED NURSE ANESTHETIST MAIN-
 TAINS  COLLABORATIVE  RELATIONSHIPS,  THE  CERTIFIED  REGISTERED   NURSE
 ANESTHETIST  SHALL  COMPLETE AND MAINTAIN A FORM, CREATED BY THE DEPART-
 MENT, TO WHICH THE CERTIFIED REGISTERED NURSE ANESTHETIST SHALL  ATTEST,
 THAT  DESCRIBES  SUCH  COLLABORATIVE RELATIONSHIPS. SUCH FORM SHALL ALSO
 REFLECT THE CERTIFIED  REGISTERED  NURSE  ANESTHETIST'S  ACKNOWLEDGEMENT
 THAT  IF  REASONABLE  EFFORTS TO RESOLVE ANY DISPUTE THAT MAY ARISE WITH
 THE COLLABORATING PHYSICIAN OR, IN THE CASE OF A  COLLABORATION  WITH  A
 HOSPITAL,  WITH A LICENSED PHYSICIAN QUALIFIED TO DETERMINE THE NEED FOR
 ANESTHESIA SERVICES AND HAVING PRIVILEGES  AT  SUCH  HOSPITAL,  ABOUT  A
 PATIENT'S  CARE  ARE NOT SUCCESSFUL, THE RECOMMENDATION OF THE PHYSICIAN
 SHALL PREVAIL. SUCH FORM SHALL BE UPDATED AS NEEDED AND MAY  BE  SUBJECT
 TO  REVIEW BY THE DEPARTMENT. THE CERTIFIED REGISTERED NURSE ANESTHETIST
 SHALL MAINTAIN DOCUMENTATION THAT SUPPORTS SUCH COLLABORATIVE  RELATION-
 SHIPS.
   (D)  NOTHING  IN THIS SUBDIVISION SHALL BE DEEMED TO LIMIT OR DIMINISH
 THE PRACTICE OF THE PROFESSION OF NURSING AS A  REGISTERED  PROFESSIONAL
 NURSE  UNDER  THIS ARTICLE OR ANY OTHER LAW, RULE, REGULATION OR CERTIF-
 ICATION, NOR TO DENY ANY REGISTERED PROFESSIONAL NURSE THE RIGHT  TO  DO
 ANY  ACT  OR  ENGAGE  IN  ANY PRACTICE AUTHORIZED BY THIS ARTICLE OR ANY
 OTHER LAW, RULE, REGULATION OR CERTIFICATION.
   (E)(I) ANESTHESIA SERVICES MAY BE  PROVIDED  BY  CERTIFIED  REGISTERED
 NURSE ANESTHETISTS ONLY IN THE FOLLOWING SETTINGS:
   (A)  GENERAL  HOSPITALS, HOSPITAL OUTPATIENT SURGICAL DEPARTMENTS, AND
 DIAGNOSTIC AND TREATMENT CENTERS LICENSED BY THE  DEPARTMENT  OF  HEALTH
 PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW AND AUTHORIZED

 S. 7507                            28                            A. 9507
 
 TO   PROVIDE  SEDATION,  ANESTHESIA  SERVICES,  AND/OR  PAIN  MANAGEMENT
 SERVICES IN CONNECTION WITH SUCH LICENSURE;
   (B)  PRACTICES  WHERE  OFFICE-BASED SURGERY, AS DEFINED BY SECTION TWO
 HUNDRED-THIRTY-D OF THE PUBLIC HEALTH  LAW,  IS  PERFORMED  AND/OR  PAIN
 MANAGEMENT SERVICES ARE PROVIDED; AND
   (C)  DENTISTS'  AND PERIODONTISTS' OFFICES WHERE SEDATION AND/OR ANES-
 THESIA SERVICES ARE PROVIDED.
   (II) ANESTHESIA SERVICES OFFERED IN SUCH SETTINGS, INCLUDING  SERVICES
 PROVIDED  BY  CERTIFIED REGISTERED NURSE ANESTHETISTS, SHALL BE DIRECTED
 BY A PHYSICIAN, DENTIST, OR PERIODONTIST, AS APPLICABLE, WHO IS  RESPON-
 SIBLE FOR THE CLINICAL ASPECTS OF ALL ANESTHESIA SERVICES OFFERED BY THE
 PROVIDER AND IS QUALIFIED TO DETERMINE THE NEED FOR AND ADMINISTER ANES-
 THESIA. SUCH PHYSICIAN SHALL HAVE THE DISCRETION TO ESTABLISH PARAMETERS
 FOR  SUPERVISION  OF CERTIFIED REGISTERED NURSE ANESTHETISTS WHERE HE OR
 SHE MAKES A REASONABLE DETERMINATION THAT THE CIRCUMSTANCES OF A PARTIC-
 ULAR CASE OR TYPE OF CASES, ALTHOUGH WITHIN THE SCOPE OF PRACTICE  OF  A
 CERTIFIED  REGISTERED NURSE ANESTHETIST AS SET FORTH IN PARAGRAPH (A) OF
 THIS SUBDIVISION, ARE OF SUCH COMPLEXITY THAT THEY SHOULD  BE  CONDUCTED
 UNDER  SUPERVISION. IN SUCH CASES, SUCH SUPERVISION SHALL BE PROVIDED BY
 AN ANESTHESIOLOGIST WHO IS IMMEDIATELY AVAILABLE AS  NEEDED  OR  BY  THE
 OPERATING  PHYSICIAN  WHO  IS  QUALIFIED TO DETERMINE THE NEED FOR ANES-
 THESIA SERVICES AND SUPERVISE THE ADMINISTRATION OF ANESTHESIA.
   § 2. The education law is amended by adding a new section 6912 to read
 as follows:
   § 6912. CERTIFICATES FOR NURSE ANESTHESIA PRACTICE.   1. FOR  ISSUANCE
 OF A CERTIFICATE TO PRACTICE AS A CERTIFIED REGISTERED NURSE ANESTHETIST
 UNDER  SUBDIVISION  FOUR OF SECTION SIXTY-NINE HUNDRED TWO OF THIS ARTI-
 CLE, THE APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   (B) LICENSE: BE LICENSED AS A REGISTERED  PROFESSIONAL  NURSE  IN  THE
 STATE;
   (C)  EDUCATION: (I) HAVE SATISFACTORILY COMPLETED EDUCATIONAL PREPARA-
 TION FOR PROVISION OF THESE SERVICES IN  A  PROGRAM  REGISTERED  BY  THE
 DEPARTMENT  OR  IN A PROGRAM ACCREDITED BY A NATIONAL BODY RECOGNIZED BY
 THE DEPARTMENT OR DETERMINED BY THE DEPARTMENT TO BE THE EQUIVALENT; AND
 (II) SUBMIT EVIDENCE OF CURRENT CERTIFICATION OR  RECERTIFICATION  BY  A
 NATIONAL CERTIFYING BODY, RECOGNIZED BY THE DEPARTMENT;
   (D)  FEES: PAY A FEE TO THE DEPARTMENT OF FIFTY DOLLARS FOR AN INITIAL
 CERTIFICATE AUTHORIZING NURSE ANESTHESIA PRACTICE AND A TRIENNIAL REGIS-
 TRATION FEE OF THIRTY DOLLARS; AND
   (E) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
 TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND  THE
 DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
 THE  DEPARTMENT,  IN  CONSULTATION  WITH THE DEPARTMENT OF HEALTH, AS IS
 NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
 ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO,  THE  LOCATION
 AND  TYPE  OF SETTING WHEREIN THE CERTIFIED REGISTERED NURSE ANESTHETIST
 PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE
 DEPARTMENT OF HEALTH, DEEMS  RELEVANT.  THE  DEPARTMENT  OF  HEALTH,  IN
 CONSULTATION  WITH  THE  DEPARTMENT,  SHALL  MAKE SUCH DATA AVAILABLE IN
 AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY  ACCESSIBLE  WEBSITE.  ADDI-
 TIONALLY,  IN  CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPART-
 MENT, IN CONSULTATION WITH  THE  DEPARTMENT  OF  HEALTH,  SHALL  PROVIDE
 INFORMATION  ON  REGISTERING  IN  THE DONATE LIFE REGISTRY FOR ORGAN AND
 TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY.

 S. 7507                            29                            A. 9507
 
   AFTER A CERTIFIED REGISTERED NURSE ANESTHETIST'S INITIAL REGISTRATION,
 REGISTRATION UNDER THIS SECTION SHALL BE COTERMINOUS WITH THE  CERTIFIED
 REGISTERED NURSE ANESTHETIST'S REGISTRATION AS A PROFESSIONAL NURSE.
   2.  ONLY  A  PERSON  CERTIFIED  UNDER THIS SECTION SHALL USE THE TITLE
 "CERTIFIED REGISTERED NURSE ANESTHETIST," EXCEPT AS SET FORTH IN  SUBDI-
 VISION THREE OF THIS SECTION.
   3.  NOTHING  IN THIS SECTION SHALL BE DEEMED FROM PREVENTING ANY OTHER
 PROFESSIONAL LICENSED OR CERTIFIED UNDER  THIS  CHAPTER  OR  THE  PUBLIC
 HEALTH  LAW  FROM CARRYING OUT ANY RESPONSIBILITIES ESTABLISHED BY RELE-
 VANT SECTIONS OF SUCH CHAPTERS.
   4. AN INDIVIDUAL WHO MEETS THE REQUIREMENTS  FOR  CERTIFICATION  AS  A
 CERTIFIED  REGISTERED  NURSE ANESTHETIST AND WHO HAS BEEN PERFORMING THE
 DUTIES OF A CERTIFIED REGISTERED NURSE ANESTHETIST FOR TWO OF  THE  FIVE
 YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE MAY BE CERTIFIED WITH-
 OUT  MEETING  ADDITIONAL  REQUIREMENTS,  PROVIDED  THAT  SUCH INDIVIDUAL
 SUBMITS AN APPLICATION, INCLUDING AN ATTESTATION  FROM  THE  APPLICANT'S
 SUPERVISING  PHYSICIAN  AS TO THE APPLICANT'S EXPERIENCE AND COMPETENCE,
 TO THE DEPARTMENT WITHIN  TWO  YEARS  OF  THE  EFFECTIVE  DATE  OF  THIS
 SECTION.  SUCH  INDIVIDUAL MAY USE THE TITLE "CERTIFIED REGISTERED NURSE
 ANESTHETIST" IN CONNECTION WITH THAT PRACTICE WHILE SUCH APPLICATION  IS
 PENDING.
   5.  (A)  A REGISTERED PROFESSIONAL NURSE LICENSED UNDER SECTION SIXTY-
 NINE HUNDRED FIVE OF THIS ARTICLE WHO  HAS  SATISFACTORILY  COMPLETED  A
 PROGRAM  OF  EDUCATIONAL  PREPARATION  AS PROVIDED IN SUBDIVISION ONE OF
 THIS SECTION MAY, FOR A PERIOD NOT TO EXCEED  TWENTY-FOUR  MONTHS  IMME-
 DIATELY  FOLLOWING  THE COMPLETION OF SUCH EDUCATIONAL PROGRAM, PRACTICE
 NURSE ANESTHESIA UNDER SUBDIVISION FOUR OF  SECTION  SIXTY-NINE  HUNDRED
 TWO  OF  THIS ARTICLE AS A GRADUATE NURSE ANESTHETIST IN THE SAME MANNER
 AS A CERTIFIED REGISTERED NURSE ANESTHETIST UNDER THAT SUBDIVISION.
   (B) A REGISTERED PROFESSIONAL NURSE LICENSED UNDER SECTION  SIXTY-NINE
 HUNDRED FIVE OF THIS ARTICLE WHO IS DULY ENROLLED IN A PROGRAM OF EDUCA-
 TIONAL  PREPARATION  MAY  PRACTICE  NURSE  ANESTHESIA AS A STUDENT NURSE
 ANESTHETIST UNDER THE SUPERVISION OF AN ANESTHESIOLOGIST OR A  CERTIFIED
 REGISTERED NURSE ANESTHETIST, WHO IS IMMEDIATELY AVAILABLE AS NEEDED.
   § 3. This act shall take effect immediately.
 
                                  PART I

   Section  1.  Section  364-j  of  the social services law is amended by
 adding a new subdivision 34 to read as follows:
   34. MONIES PAID BY THE DEPARTMENT TO MANAGED  CARE  ORGANIZATIONS  ARE
 PUBLIC  FUNDS  AND RETAIN THEIR STATUS AS PUBLIC FUNDS REGARDLESS OF ANY
 PAYMENTS MADE BY THE MANAGED  CARE  ORGANIZATION  TO  SUBCONTRACTORS  OR
 PROVIDERS.
   §  2.  Section 364-j of the social services law is amended by adding a
 new subdivision 35 to read as follows:
   35. RECOVERY OF OVERPAYMENTS FROM NETWORK  PROVIDERS.  (A)  WHERE  THE
 MEDICAID  INSPECTOR  GENERAL,  DURING THE COURSE OF AN AUDIT OR INVESTI-
 GATION, IDENTIFIES  IMPROPER  MEDICAL  ASSISTANCE  PAYMENTS  MADE  BY  A
 MANAGED  CARE  ORGANIZATION  TO  ITS  SUBCONTRACTOR OR SUBCONTRACTORS OR
 PROVIDER OR PROVIDERS, THE STATE SHALL HAVE THE  RIGHT  TO  RECOVER  THE
 IMPROPER  PAYMENT  FROM THE SUBCONTRACTOR OR SUBCONTRACTORS, PROVIDER OR
 PROVIDERS, OR THE MANAGED CARE ORGANIZATION.
   (B) WHERE THE STATE IS UNSUCCESSFUL IN RECOVERING THE IMPROPER PAYMENT
 FROM THE SUBCONTRACTOR OR SUBCONTRACTORS OR PROVIDER OR  PROVIDERS,  THE
 MEDICAID  INSPECTOR GENERAL MAY REQUIRE THE MANAGED CARE ORGANIZATION TO

 S. 7507                            30                            A. 9507
 
 RECOVER THE IMPROPER MEDICAL ASSISTANCE PAYMENTS IDENTIFIED IN PARAGRAPH
 (A) OF THIS SUBDIVISION.  THE MANAGED CARE ORGANIZATION SHALL  REMIT  TO
 THE  STATE  THE  FULL AMOUNT OF THE IDENTIFIED IMPROPER PAYMENT NO LATER
 THAN SIX MONTHS AFTER RECEIVING NOTICE OF THE OVERPAYMENT.
   (C)  THE  MANAGED  CARE  ORGANIZATION  MAY CHARGE ITS SUBCONTRACTOR OR
 SUBCONTRACTORS OR PROVIDER OR PROVIDERS A COLLECTION FEE TO ACCOUNT  FOR
 THE  REASONABLE  COSTS  INCURRED  BY  THE  MANAGED  CARE ORGANIZATION TO
 COLLECT THE DEBT. ANY COLLECTION  FEE  IMPOSED  SHALL  NOT  EXCEED  FIVE
 PERCENT OF THE TOTAL AMOUNT OWED.
   §  3.  Section 364-j of the social services law is amended by adding a
 new subdivision 36 to read as follows:
   36. REPORTING ACTS OF FRAUD. (A) ALL MANAGED CARE ORGANIZATIONS  SHALL
 PROMPTLY REFER TO THE OFFICE OF THE MEDICAID INSPECTOR GENERAL ALL CASES
 OF POTENTIAL FRAUD, WASTE, OR ABUSE.
   (B)  ANY  MANAGED CARE ORGANIZATION MAKING A COMPLAINT OR FURNISHING A
 REPORT, REFERRAL, INFORMATION OR RECORDS IN GOOD FAITH PURSUANT TO  THIS
 SECTION  SHALL BE IMMUNE FROM CIVIL LIABILITY FOR MAKING SUCH COMPLAINT,
 REFERRAL, OR REPORT TO THE OFFICE OF THE MEDICAID INSPECTOR GENERAL.
   (C) A MANAGED CARE ORGANIZATION THAT WILLFULLY FAILS TO PROMPTLY  MAKE
 A  REFERRAL TO THE MEDICAID INSPECTOR GENERAL WHEN THERE IS ACTUAL KNOW-
 LEDGE THAT AN ACT OF FRAUD IS BEING OR HAS BEEN COMMITTED MAY  BE  FINED
 IN  AN AMOUNT NOT EXCEEDING ONE HUNDRED THOUSAND DOLLARS FOR EACH DETER-
 MINATION.
   § 4. The public health law is amended by adding a new  section  37  to
 read as follows:
   §  37.  VIOLATIONS  OF MEDICAL ASSISTANCE PROGRAM LAWS, REGULATIONS OR
 DIRECTIVES; FINES. 1. (A) ANY INDIVIDUAL OR ENTITY PARTICIPATING IN  THE
 MEDICAL  ASSISTANCE  PROGRAM  THAT  FAILS TO COMPLY WITH OR VIOLATES ANY
 STATUTE, RULE,  REGULATION,  OR  DIRECTIVE  OF  THE  MEDICAL  ASSISTANCE
 PROGRAM,  MAY  BE FINED IN AN AMOUNT NOT EXCEEDING THE SUM OF FIVE THOU-
 SAND DOLLARS FOR EACH VIOLATION.
   (B) EVERY FAILURE TO COMPLY WITH OR VIOLATION OF  ANY  STATUTE,  RULE,
 REGULATION,  OR  DIRECTIVE  OF THE MEDICAL ASSISTANCE PROGRAM SHALL BE A
 SEPARATE  AND  DISTINCT  OFFENSE  AND,  IN  THE  CASE  OF  A  CONTINUING
 VIOLATION,  EVERY  DAY'S  CONTINUANCE  THEREOF  SHALL  BE A SEPARATE AND
 DISTINCT OFFENSE.
   2. (A) ANY ENTITY AUTHORIZED TO OPERATE UNDER  ARTICLE  FORTY-FOUR  OF
 THIS  CHAPTER OR ARTICLE FORTY-THREE OF THE INSURANCE LAW, INCLUDING ANY
 SUBCONTRACTOR OR PROVIDER THEREOF,  AND  PARTICIPATING  IN  THE  MEDICAL
 ASSISTANCE  PROGRAM  THAT  FAILS TO COMPLY WITH OR VIOLATES ANY STATUTE,
 RULE, REGULATION, OR DIRECTIVE OF THE MEDICAL ASSISTANCE PROGRAM, OR ANY
 TERM OF ITS CONTRACT WITH THE DEPARTMENT, MAY BE FINED IN AN AMOUNT  NOT
 EXCEEDING THE SUM OF FIVE THOUSAND DOLLARS FOR EACH VIOLATION.
   (B)  EVERY  FAILURE  TO COMPLY WITH OR VIOLATION OF ANY STATUTE, RULE,
 REGULATION, OR DIRECTIVE OF THE MEDICAL ASSISTANCE PROGRAM, OR  TERM  OF
 THE  ENTITY'S  CONTRACT  WITH  THE  DEPARTMENT  SHALL  BE A SEPARATE AND
 DISTINCT OFFENSE AND, IN THE CASE OF A CONTINUING VIOLATION, EVERY DAY'S
 CONTINUANCE THEREOF SHALL BE A SEPARATE AND DISTINCT OFFENSE.
   3. ANY ENTITY PARTICIPATING IN  THE  MEDICAL  ASSISTANCE  PROGRAM  AND
 AUTHORIZED  TO OPERATE UNDER ARTICLE FORTY-FOUR OF THIS CHAPTER OR ARTI-
 CLE FORTY-THREE OF THE INSURANCE LAW THAT SUBMITS A COST REPORT  TO  THE
 MEDICAL  ASSISTANCE PROGRAM THAT CONTAINS DATA WHICH IS INTENTIONALLY OR
 SYSTEMATICALLY INACCURATE OR IMPROPER, MAY BE FINED  IN  AN  AMOUNT  NOT
 EXCEEDING ONE HUNDRED THOUSAND DOLLARS FOR EACH DETERMINATION.
   4.  ANY  ENTITY AUTHORIZED TO OPERATE UNDER ARTICLE FORTY-FOUR OF THIS
 CHAPTER OR ARTICLE FORTY-THREE OF THE INSURANCE LAW,  AND  PARTICIPATING

 S. 7507                            31                            A. 9507
 
 IN  THE  MEDICAL ASSISTANCE PROGRAM THAT INTENTIONALLY OR SYSTEMATICALLY
 SUBMITS INACCURATE ENCOUNTER DATA TO THE STATE MAY BE FINED IN AN AMOUNT
 NOT EXCEEDING ONE HUNDRED THOUSAND DOLLARS FOR EACH DETERMINATION.
   5.  THE  MEDICAID  INSPECTOR  GENERAL  SHALL, IN CONSULTATION WITH THE
 COMMISSIONER, CONSIDER THE FOLLOWING PRIOR TO ASSESSING A  FINE  AGAINST
 AN  INDIVIDUAL  OR  ENTITY UNDER THIS SECTION AND HAVE THE DISCRETION TO
 REDUCE OR ELIMINATE A FINE UNDER THIS SECTION:
   (A) THE EFFECT, IF ANY, ON THE QUALITY OF MEDICAL CARE PROVIDED TO  OR
 ARRANGED FOR RECIPIENTS OF MEDICAL ASSISTANCE AS A RESULT OF THE ACTS OF
 THE INDIVIDUAL OR ENTITY;
   (B) THE AMOUNT OF DAMAGES TO THE PROGRAM;
   (C)  THE  DEGREE OF CULPABILITY OF THE INDIVIDUAL OR ENTITY IN COMMIT-
 TING THE PROSCRIBED ACTIONS AND ANY MITIGATING CIRCUMSTANCES;
   (D) ANY PRIOR VIOLATIONS COMMITTED BY THE INDIVIDUAL OR ENTITY  RELAT-
 ING  TO  THE  MEDICAL  ASSISTANCE  PROGRAM, MEDICARE OR ANY OTHER SOCIAL
 SERVICES PROGRAMS WHICH RESULTED IN EITHER  CRIMINAL  OR  ADMINISTRATIVE
 SANCTION, PENALTY, OR FINE;
   (E)  THE DEGREE TO WHICH FACTORS GIVING RISE TO THE PROSCRIBED ACTIONS
 WERE OUT OF THE CONTROL OF THE INDIVIDUAL OR ENTITY;
   (F) THE NUMBER AND NATURE OF THE VIOLATIONS OR OTHER RELATED OFFENSES;
   (G) ANY OTHER FACTS RELATING TO THE  NATURE  AND  SERIOUSNESS  OF  THE
 VIOLATIONS INCLUDING ANY EXCULPATORY FACTS; AND/OR
   (H) ANY OTHER RELEVANT FACTORS.
   6.  THE  MEDICAID  INSPECTOR  GENERAL  SHALL, IN CONSULTATION WITH THE
 COMMISSIONER, PROMULGATE REGULATIONS ENUMERATING THOSE VIOLATIONS  WHICH
 MAY  RESULT  IN  A  FINE  PURSUANT  TO  SUBDIVISIONS ONE AND TWO OF THIS
 SECTION, THE AMOUNTS OF ANY FINES  WHICH  MAY  BE  ASSESSED  UNDER  THIS
 SECTION,  AND  THE  APPEAL  RIGHTS  AFFORDED  TO INDIVIDUALS OR ENTITIES
 SUBJECT TO A FINE.
   § 5. Paragraph (d) of subdivision 32 of section 364-j  of  the  social
 services law, as added by section 15 of part B of chapter 59 of the laws
 of 2016, is amended to read as follows:
   (d) (I) Penalties under this subdivision may be applied to any and all
 circumstances  described  in paragraph (b) of this subdivision until the
 managed care organization complies with the requirements for  submission
 of  encounter data. (II) No penalties for late, incomplete or inaccurate
 encounter data shall be assessed against managed care  organizations  in
 addition  to  those provided for in this subdivision, PROVIDED, HOWEVER,
 THAT NOTHING IN THIS PARAGRAPH SHALL PROHIBIT THE IMPOSITION  OF  PENAL-
 TIES, IN CASES OF FRAUD OR ABUSE, OTHERWISE AUTHORIZED BY LAW.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that  the  amendments  to  section
 364-j  of  the  social services law made by sections one, two, three and
 five of this act shall not affect the repeal of such section  and  shall
 be deemed repealed therewith.
 
                                  PART J
 
   Section  1. Paragraph (h) of subdivision 1 of section 189 of the state
 finance law, as amended by section 8 of part A of chapter 56 of the laws
 of 2013, is amended to read as follows:
   (h) knowingly conceals or knowingly and improperly avoids or decreases
 an obligation to pay or transmit money or property to  the  state  or  a
 local  government,  or  conspires to do the same; shall be liable to the
 state or a local government, as applicable, for a civil penalty  of  not
 less  than  six  thousand  dollars  and  not  more  than twelve thousand

 S. 7507                            32                            A. 9507
 
 dollars, AS ADJUSTED TO BE EQUAL TO THE CIVIL PENALTY ALLOWED UNDER  THE
 FEDERAL  FALSE  CLAIMS ACT, 31 U.S.C. SEC. 3729, ET SEQ., AS AMENDED, AS
 ADJUSTED FOR INFLATION BY THE FEDERAL CIVIL PENALTIES INFLATION  ADJUST-
 MENT ACT OF 1990, AS AMENDED (28 U.S.C. 2461 NOTE; PUB. L. NO. 101-410),
 plus  three  times  the  amount  of all damages, including consequential
 damages, which the state or local government sustains because of the act
 of that person.
   § 2. This act shall take effect immediately.
 
                                  PART K
 
   Section 1.  Notwithstanding any contrary provision of law, the depart-
 ment of health is authorized to require any Medicaid-enrolled  provider,
 and any health care provider that is part of a network of providers of a
 managed  care  organization  operating  pursuant to section 364-j of the
 social services law or section 4403-f  of  the  public  health  law,  to
 report  on  costs  incurred  by  the  provider  in rendering health care
 services to Medicaid beneficiaries. The department of health may specify
 the frequency and format of such reports, determine the type and  amount
 of information to be submitted, and require the submission of supporting
 documentation.  In the case of a provider in a managed care network, the
 department of health may require the managed care organization to obtain
 the required information from the network  provider  on  behalf  of  the
 department.
   §  2.  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  1  of part G of chapter 57 of the laws of 2017, is
 amended to read as follows:
   1. For state fiscal  years  2011-12  through  [2018-19]  2019-20,  the
 director  of the budget, in consultation with the commissioner of health
 referenced as "commissioner" for purposes of this section, shall  assess
 on a monthly basis, as reflected in monthly reports pursuant to subdivi-
 sion five of this section known and projected department of health state
 funds  medicaid  expenditures  by  category of service and by geographic
 regions, as defined by the commissioner, and  if  the  director  of  the
 budget  determines that such expenditures are expected to cause medicaid
 disbursements for such period to  exceed  the  projected  department  of
 health  medicaid  state funds disbursements in the enacted budget finan-
 cial plan pursuant to subdivision 3 of section 23 of the  state  finance
 law,  the  commissioner  of health, in consultation with the director of
 the budget, shall develop a medicaid savings allocation  plan  to  limit
 such  spending  to  the  aggregate  limit level specified in the enacted
 budget financial  plan,  provided,  however,  such  projections  may  be
 adjusted by the director of the budget to account for any changes in the
 New  York state federal medical assistance percentage amount established
 pursuant to the federal social security act, changes in provider  reven-
 ues,  reductions  to  local  social services district medical assistance
 administration, minimum wage increases, and beginning April 1, 2012  the
 operational costs of the New York state medical indemnity fund and state
 costs  or  savings  from the basic health plan.  Such projections may be
 adjusted by the director of the budget to account for increased or expe-
 dited department of health state funds medicaid expenditures as a result
 of a natural or other type of disaster, including a governmental  decla-
 ration of emergency.
   § 3. This act shall take effect immediately.

 S. 7507                            33                            A. 9507
 
                                  PART L
 
   Section 1. Subdivision 7 of section 369 of the social services law, as
 amended  by  section  7  of part F of chapter 56 of the laws of 2012, is
 amended to read as follows:
   7. Notwithstanding any provision of law to the contrary,  the  depart-
 ment  shall, when it determines necessary program features are in place,
 assume sole responsibility for  commencing  actions  or  proceedings  in
 accordance  with  the  provisions  of this section, sections one hundred
 one, one hundred four, one hundred four-b, paragraph (a) of  subdivision
 three  of section three hundred sixty-six, subparagraph one of paragraph
 (h) of subdivision four of section three hundred  sixty-six,  and  para-
 graph  (b)  of subdivision two of section three hundred sixty-seven-a of
 this chapter, to recover the cost of medical assistance furnished pursu-
 ant to this title and title eleven-D of this article. The department  is
 authorized  to  contract with an entity that shall conduct activities on
 behalf of the department pursuant to this subdivision, AND MAY  CONTRACT
 WITH  AN  ENTITY  TO  CONDUCT  SIMILAR ACTIVITIES ON BEHALF OF THE CHILD
 HEALTH INSURANCE PROGRAM ESTABLISHED PURSUANT TO TITLE ONE-A OF  ARTICLE
 TWENTY-FIVE  OF  THE  PUBLIC  HEALTH  LAW  TO THE EXTENT ALLOWED BY LAW.
 Prior to assuming such responsibility from a social  services  district,
 the  department  of  health  shall,  in  consultation with the district,
 define the scope of the  services  the  district  will  be  required  to
 perform  on behalf of the department of health pursuant to this subdivi-
 sion.
   § 2. Section 2511 of the public health law is amended by adding a  new
 subdivision 22 to read as follows:
   22.  NOTWITHSTANDING  THE  PROVISIONS OF THIS SECTION, SECTION TWENTY-
 FIVE HUNDRED TEN OF THIS TITLE, AND ANY OTHER INCONSISTENT PROVISION  OF
 LAW,  IN  THE EVENT FEDERAL FUNDING PURSUANT TO TITLE XXI OF THE FEDERAL
 SOCIAL SECURITY ACT IS REDUCED OR ELIMINATED ON AND AFTER OCTOBER FIRST,
 TWO THOUSAND SEVENTEEN:
   (A) THE DIRECTOR OF THE DIVISION OF THE BUDGET, IN  CONSULTATION  WITH
 THE  COMMISSIONER, SHALL IDENTIFY THE AMOUNT OF SUCH REDUCTION OR ELIMI-
 NATION AND NOTIFY THE TEMPORARY PRESIDENT OF THE SENATE AND THE  SPEAKER
 OF THE ASSEMBLY IN WRITING THAT THE FEDERAL ACTIONS WILL REDUCE OR ELIM-
 INATE EXPECTED FUNDING TO NEW YORK STATE BY SUCH AMOUNT.
   (B)  THE  DIRECTOR OF THE DIVISION OF THE BUDGET, IN CONSULTATION WITH
 THE COMMISSIONER, SHALL DETERMINE IF PROGRAMMATIC CHANGES ARE  NECESSARY
 TO CONTINUE COVERING ELIGIBLE CHILDREN WITHIN STATE-ONLY FUNDING LEVELS,
 IDENTIFY AVAILABLE RESOURCES OR ACTIONS, IDENTIFY SPECIFIC CHANGES NEED-
 ED  TO  ALIGN  THE  PROGRAM WITH CURRENT FUNDING LEVELS, AND ESTABLISH A
 PLAN FOR IMPLEMENTING SUCH CHANGES WHICH  MAY  INCLUDE  EMERGENCY  REGU-
 LATIONS PROMULGATED BY THE COMMISSIONER. SUCH PLAN SHALL BE SUBMITTED TO
 THE LEGISLATURE PRIOR TO ITS IMPLEMENTATION.
   § 3. This act shall take effect immediately.

                                  PART M
 
   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 15 of part H of chapter 57 of the laws  of  2017,  is
 amended to read as follows:
   (a)  The  superintendent of financial services and the commissioner of
 health or their designee shall, from funds  available  in  the  hospital

 S. 7507                            34                            A. 9507
 
 excess liability pool created pursuant to subdivision 5 of this section,
 purchase  a policy or policies for excess insurance coverage, as author-
 ized by paragraph 1 of subsection (e) of section 5502 of  the  insurance
 law; or from an insurer, other than an insurer described in section 5502
 of the insurance law, duly authorized to write such coverage and actual-
 ly  writing  medical  malpractice  insurance  in  this  state;  or shall
 purchase equivalent excess coverage in a form previously approved by the
 superintendent of financial services for purposes  of  providing  equiv-
 alent  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, between  July
 1,  2014  and  June  30,  2015,  between July 1, 2015 and June 30, 2016,
 between July 1, 2016 and June 30, 2017, [and] between July 1,  2017  and
 June  30,  2018, AND BETWEEN JULY 1, 2018 AND JUNE 30, 2019 or reimburse
 the hospital where the hospital purchases equivalent excess coverage  as
 defined  in subparagraph (i) of paragraph (a) of subdivision 1-a of this
 section for medical or dental malpractice occurrences  between  July  1,
 1987  and June 30, 1988, between July 1, 1988 and June 30, 1989, between
 July 1, 1989 and June 30, 1990, between July 1, 1990 and June 30,  1991,
 between  July  1,  1991 and June 30, 1992, between July 1, 1992 and June
 30, 1993, between July 1, 1993 and June 30, 1994, between July  1,  1994
 and  June 30, 1995, between July 1, 1995 and June 30, 1996, between July
 1, 1996 and June 30, 1997, between July  1,  1997  and  June  30,  1998,
 between  July  1,  1998 and June 30, 1999, between July 1, 1999 and June
 30, 2000, between July 1, 2000 and June 30, 2001, between July  1,  2001
 and  June 30, 2002, between July 1, 2002 and June 30, 2003, between July
 1, 2003 and June 30, 2004, between July  1,  2004  and  June  30,  2005,
 between  July  1,  2005 and June 30, 2006, between July 1, 2006 and June
 30, 2007, between July 1, 2007 and June 30, 2008, between July  1,  2008
 and  June 30, 2009, between July 1, 2009 and June 30, 2010, between July
 1, 2010 and June 30, 2011, between July  1,  2011  and  June  30,  2012,
 between  July  1,  2012 and June 30, 2013, between July 1, 2013 and June
 30, 2014, between July 1, 2014 and June 30, 2015, between July  1,  2015
 and June 30, 2016, between July 1, 2016 and June 30, 2017, [and] between
 July  1,  2017  and June 30, 2018, AND BETWEEN JULY 1, 2018 AND JUNE 30,
 2019 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 individ-

 S. 7507                            35                            A. 9507
 
 ual  policy,  from an insurer licensed in this state of primary malprac-
 tice insurance coverage in amounts of no less  than  one  million  three
 hundred  thousand  dollars  for  each  claimant  and  three million nine
 hundred  thousand dollars for all claimants under that policy during the
 period of such excess coverage for such occurrences or  be  endorsed  as
 additional insureds under a hospital professional liability policy which
 is  offered  through  a  voluntary  attending  physician  ("channeling")
 program previously permitted by the superintendent of financial services
 during the period of such excess coverage for such  occurrences.  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 malpractice  insur-
 ance  coverage  provided  pursuant to this act, exceeds the rate of nine
 percent per annum, then the required level of primary malpractice insur-
 ance coverage in excess of one million dollars for each  claimant  shall
 be  in  an  amount  of  not less than the dollar amount of such coverage
 available at nine percent per annum; the required level of such coverage
 for all claimants under that policy shall be in an amount not less  than
 three  times the dollar amount of coverage for each claimant; and excess
 coverage, when combined with such primary malpractice  insurance  cover-
 age, shall increase the aggregate level for each claimant by one million
 dollars  and  three  million  dollars  for  all  claimants; and provided
 further, that, with respect to policies of primary  medical  malpractice
 coverage  that  include  occurrences  between April 1, 2002 and June 30,
 2002, such requirement that coverage be in  amounts  no  less  than  one
 million  three  hundred  thousand  dollars  for  each claimant and three
 million nine hundred thousand dollars for all claimants for such  occur-
 rences shall be effective April 1, 2002.
   §  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 16
 of part H of chapter 57 of the laws of  2017,  is  amended  to  read  as
 follows:
   (3)(a)  The  superintendent  of 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

 S. 7507                            36                            A. 9507
 
 1,  2011  and June 30, 2012, between July 1, 2012 and June 30, 2013, and
 between July 1, 2013 and June 30, 2014, between July 1,  2014  and  June
 30,  2015,  between  July 1, 2015 and June 30, 2016, and between July 1,
 2016  and  June  30, 2017, [and] between July 1, 2017 and June 30, 2018,
 AND BETWEEN JULY 1, 2018 AND JUNE 30, 2019  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 deter-
 mination and certification as necessary.
   (b)  The  superintendent  of  financial  services  shall determine and
 certify to each general hospital and to the commissioner of  health  the
 cost  of  excess malpractice insurance or equivalent excess coverage for
 medical 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,
 between July 1, 2014 and June 30, 2015, between July 1,  2015  and  June
 30,  2016,  [and]  between July 1, 2016 and June 30, 2017, [and] between
 July 1, 2017 and June 30, 2018, AND BETWEEN JULY 1, 2018  AND  JUNE  30,
 2019  allocable  to  each  general  hospital  for physicians or dentists
 certified as eligible for purchase of  a  policy  for  excess  insurance
 coverage  or  equivalent  excess  coverage  by  such general hospital in
 accordance with subdivision 2 of this section, and may amend such deter-
 mination and certification as necessary. The superintendent of 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

 S. 7507                            37                            A. 9507
 
 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,  to  the  period July 1, 2014 and June 30, 2015, to the
 period July 1, 2015 and June 30, 2016, and between July 1, 2016 and June
 30, 2017, and to the period July 1, 2017 [and] TO June 30, 2018, AND  TO
 THE PERIOD JULY 1, 2018 TO JUNE 30, 2019.
   § 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 17 of part H of chapter 57 of the
 laws of 2017, 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, during the period July 1, 2014  to
 June  30,  2015,  during the period July 1, 2015 [and] TO June 30, 2016,
 during the period July 1, 2016 [and] TO June 30, 2017, [and] during  the
 period  July  1, 2017 [and] TO June 30, 2018, AND DURING THE PERIOD JULY
 1, 2018 TO JUNE 30, 2019 allocated or  reallocated  in  accordance  with
 paragraph  (a)  of  subdivision  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  cover-
 age is purchased for such period shall be responsible for payment to the
 provider  of  excess insurance coverage or equivalent excess coverage of
 an allocable share of such insufficiency, based  on  the  ratio  of  the
 total  cost  of such coverage for such physician to the sum of the total
 cost of such coverage for all physicians applied to such insufficiency.
   (b) Each provider of excess insurance coverage  or  equivalent  excess
 coverage  covering the period July 1, 1992 to June 30, 1993, or covering
 the period July 1, 1993 to June 30, 1994, or covering the period July 1,
 1994 to June 30, 1995, or covering the period July 1, 1995 to  June  30,

 S. 7507                            38                            A. 9507
 
 1996,  or covering the period July 1, 1996 to June 30, 1997, or covering
 the period July 1, 1997 to June 30, 1998, or covering the period July 1,
 1998 to June 30, 1999, or covering the period July 1, 1999 to  June  30,
 2000,  or covering the period July 1, 2000 to June 30, 2001, or covering
 the period July 1, 2001 to October 29,  2001,  or  covering  the  period
 April  1,  2002 to June 30, 2002, or covering the period July 1, 2002 to
 June 30, 2003, or covering the period July 1, 2003 to June 30, 2004,  or
 covering the period July 1, 2004 to June 30, 2005, or covering the peri-
 od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
 June  30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
 covering the period July 1, 2008 to June 30, 2009, or covering the peri-
 od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
 June 30, 2011, or covering the period July 1, 2011 to June 30, 2012,  or
 covering the period July 1, 2012 to June 30, 2013, or covering the peri-
 od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
 June  30, 2015, or covering the period July 1, 2015 to June 30, 2016, or
 covering the period July 1, 2016 to June 30, 2017, or covering the peri-
 od July 1, 2017 to June 30, 2018, OR COVERING THE PERIOD JULY 1, 2018 TO
 JUNE 30, 2019 shall notify a  covered  physician  or  dentist  by  mail,
 mailed to the address shown on the last application for excess insurance
 coverage  or  equivalent  excess  coverage,  of  the  amount due to such
 provider from such physician or dentist for such coverage period  deter-
 mined  in accordance with paragraph (a) of this subdivision. Such amount
 shall be due from such physician or dentist to such provider  of  excess
 insurance  coverage  or  equivalent excess coverage in a time and manner
 determined by the superintendent of 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, or  covering
 the period July 1, 2016 to June 30, 2017, or covering the period July 1,
 2017  to  June 30, 2018, OR COVERING THE PERIOD JULY 1, 2018 TO JUNE 30,
 2019 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 financial  services  pursuant  to
 paragraph  (b)  of this subdivision, excess insurance coverage or equiv-
 alent excess coverage purchased for such physician or dentist in accord-
 ance with this section for such coverage period shall be  cancelled  and

 S. 7507                            39                            A. 9507
 
 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 financial services  and  the
 commissioner  of  health or their designee of each physician 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 cover-
 ing 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 peri-
 od 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 peri-
 od 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 peri-
 od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
 June  30, 2016, or covering the period July 1, 2016 to June 30, 2017, or
 covering the period July 1, 2017 to June 30, 2018, OR COVERING THE PERI-
 OD JULY 1, 2018 TO JUNE 30, 2019 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, to the period July 1, 2016 to June 30, 2017, and
 to the period July 1, 2017 to June 30, 2018, AND TO THE PERIOD  JULY  1,
 2018  TO  JUNE 30, 2019 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

 S. 7507                            40                            A. 9507

 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, and covering the  period  July  1,
 2016  to June 30, 2017, and covering the period July 1, 2017 to June 30,
 2018, AND COVERING THE PERIOD JULY 1, 2018 TO JUNE 30, 2019 for a physi-
 cian or dentist where  such  excess  insurance  coverage  or  equivalent
 excess  coverage  is  cancelled in accordance with paragraph (c) of this
 subdivision.
   § 4. Section 40 of chapter 266 of the laws of 1986, amending the civil
 practice law and rules  and  other  laws  relating  to  malpractice  and
 professional  medical  conduct,  as  amended  by section 18 of part H of
 chapter 57 of the laws of 2017, is amended to read as follows:
   § 40. The superintendent of 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,
 [2018] 2019; 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 establish segregated
 accounts for premiums, payments, reserves and investment income  attrib-
 utable to such premium periods and shall require periodic reports by the
 insurers  regarding  claims and expenses attributable to such periods to
 monitor whether such accounts will be sufficient to meet incurred claims
 and expenses. On or after July 1, 1989, the superintendent shall  impose
 a  surcharge  on  premiums  to  satisfy  a  projected deficiency that is
 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,  [2018]
 2019, at which time and thereafter such surcharge shall not exceed twen-
 ty-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,  [2018]
 2019  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

 S. 7507                            41                            A. 9507
 
 promulgated by the superintendent.  Surcharges collected from physicians
 and  surgeons  who  were not insured during such policy periods shall be
 apportioned among all insurers in proportion to the premium  written  by
 each  insurer  during such policy periods; if a physician or surgeon was
 insured by an insurer subject to rates established by the superintendent
 during such policy periods, and  at  any  time  thereafter  a  hospital,
 health  maintenance organization, employer or institution is responsible
 for responding in damages for liability arising out of such  physician's
 or  surgeon's  practice  of medicine, such responsible entity shall also
 remit to such prior insurer the equivalent amount  that  would  then  be
 collected  as  a  surcharge if the physician or surgeon had continued to
 remain insured by such prior insurer. In  the  event  any  insurer  that
 provided  coverage  during  such  policy  periods is in liquidation, the
 property/casualty insurance security fund shall receive the  portion  of
 surcharges to which the insurer in liquidation would have been entitled.
 The surcharges authorized herein shall be deemed to be income earned for
 the  purposes of section 2303 of the insurance law.  The superintendent,
 in establishing adequate rates and in determining  any  projected  defi-
 ciency  pursuant  to  the requirements of this section and the insurance
 law, shall give substantial weight, determined  in  his  discretion  and
 judgment,  to  the  prospective  anticipated  effect  of any regulations
 promulgated and laws enacted and the  public  benefit  of    stabilizing
 malpractice rates and minimizing rate level fluctuation during the peri-
 od  of  time  necessary for the development of more reliable statistical
 experience as to the efficacy of such  laws  and  regulations  affecting
 medical, dental or podiatric malpractice enacted or promulgated in 1985,
 1986,  by this act and at any other time.  Notwithstanding any provision
 of the insurance law, rates already established and to be established by
 the superintendent pursuant to this section are deemed adequate if  such
 rates  would be adequate when taken together with the maximum authorized
 annual surcharges to be imposed for a reasonable period of time  whether
 or  not  any  such  annual surcharge has been actually imposed as of the
 establishment of such rates.
   § 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, relating to the  effec-
 tiveness of certain provisions of such chapter, as amended by section 19
 of  part  H  of  chapter  57 of the laws of 2017, are amended to read as
 follows:
   § 5. The superintendent of 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, June 15, 2015, June 15, 2016, June 15, 2017, [and]
 June 15, 2018, AND JUNE 15, 2019 the amount of funds  available  in  the
 hospital  excess liability pool, created pursuant to section 18 of chap-
 ter 266 of the laws of 1986, and whether such funds are  sufficient  for
 purposes  of  purchasing  excess insurance coverage for eligible partic-
 ipating 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,

 S. 7507                            42                            A. 9507
 
 2014,  or  July  1,  2014  to June 30, 2015, or July 1, 2015 to June 30,
 2016, or July 1, 2016 to June 30, 2017, or [to] July 1, 2017 to June 30,
 2018, OR JULY 1, 2018 TO JUNE 30, 2019 as applicable.
   (a)  This section shall be effective only upon a determination, pursu-
 ant to section five of this act,  by  the  superintendent  of  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  liabil-
 ity  pool,  created pursuant to section 18 of chapter 266 of the laws of
 1986, is insufficient for purposes of purchasing excess insurance cover-
 age 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, or July 1, 2016 to June 30, 2017, or July  1,  2017  to  June  30,
 2018, OR JULY 1, 2018 TO JUNE 30, 2019 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  financial  services  for  the purchase of excess liability insurance
 coverage for eligible participating  physicians  and  dentists  for  the
 policy  year  July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30,
 2003, or July 1, 2003 to June 30, 2004, or July  1,  2004  to  June  30,
 2005,  or  July  1,  2005  to June 30, 2006, or July 1, 2006 to June 30,
 2007, as applicable, and the cost of administering the  hospital  excess
 liability pool for such applicable policy year,  pursuant to the program
 established  in  chapter  266  of the laws of 1986, as amended, no later
 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,  June  15,
 2015,  June  15,  2016, June 15, 2017, [and] June 15, 2018, AND JUNE 15,
 2019 as applicable.
   § 6. Section 20 of part H of chapter 57 of the laws of 2017,  amending
 the  New  York Health Care Reform Act of 1996 and other laws relating to
 extending certain provisions thereto, is amended to read as follows:
   § 20. Notwithstanding any law, rule or  regulation  to  the  contrary,
 only  physicians  or dentists who were eligible, and for whom the super-
 intendent of financial services and the commissioner of health, or their
 designee, purchased, with funds available in the hospital excess liabil-
 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 [seventeen] EIGHTEEN, shall be eligible to apply  for  such
 coverage  for the coverage period beginning the first of July, two thou-
 sand [seventeen] EIGHTEEN; 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 [seventeen] EIGHTEEN exceeds the total number of
 physicians or dentists certified as eligible  for  the  coverage  period
 beginning the first of July, two thousand [seventeen] EIGHTEEN, then the
 general hospitals may certify additional eligible physicians or dentists
 in  a  number equal to such general hospital's proportional share of the

 S. 7507                            43                            A. 9507
 
 total number of physicians or  dentists  for  whom  excess  coverage  or
 equivalent  excess  coverage  was  purchased with funds available in the
 hospital excess liability pool as of the thirtieth of June, two thousand
 [seventeen] EIGHTEEN, 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 [seventeen] EIGHTEEN and the  number
 of  such  eligible  physicians  or  dentists who have applied for excess
 coverage or equivalent excess coverage for the coverage period beginning
 the first of July, two thousand [seventeen] EIGHTEEN.
   § 7. This act shall take effect immediately.
 
                                  PART N
 
   Section 1. The opening paragraph of subdivision 1 of section 1 of part
 C of chapter 57 of the laws of  2006,  establishing  a  cost  of  living
 adjustment for designated human services, is amended to read as follows:
   Subject  to  available appropriations, the commissioners of the office
 of mental health, office of mental retardation and  developmental  disa-
 bilities, office of alcoholism and substance abuse services, [department
 of  health,] office of children and family services and the state office
 for the aging shall  establish  an  annual  cost  of  living  adjustment
 (COLA), subject to the approval of the director of the budget, effective
 April  first of each state fiscal year, provided, however, that in state
 fiscal year 2006-07, the cost of living  adjustment  will  be  effective
 October  first,  to  project  for the effects of inflation, for rates of
 payments, contracts or any other form of reimbursement for the  programs
 listed  in  paragraphs  (i),  (ii), (iii), (iv)[,] AND (v) [and (vi)] of
 subdivision four of this section. The  COLA  shall  be  applied  to  the
 appropriate portion of reimbursable costs or contract amounts.
   § 2. Paragraph (iv) of subdivision 4 of section 1 of part C of chapter
 57  of  the  laws  of 2006, establishing a cost of living adjustment for
 designated human services, is REPEALED and paragraphs (v) and  (vi)  are
 renumbered paragraphs (iv) and (v).
   § 3. This act shall take effect immediately.
 
                                  PART O
 
   Section  1. Subdivisions 9 and 10 of section 2541 of the public health
 law, as added by chapter 428 of the laws of 1992, are amended to read as
 follows:
   9. "Evaluation"  means  a  multidisciplinary  professional,  objective
 [assessment]  EXAMINATION conducted by appropriately qualified personnel
 and conducted pursuant to section twenty-five hundred forty-four of this
 title to determine a child's eligibility under this title.
   10. "Evaluator" means a [team of two or  more  professionals  approved
 pursuant to section twenty-five hundred fifty-one of this title] PROVID-
 ER APPROVED BY THE DEPARTMENT to conduct screenings and evaluations.
   §  2. Section 2541 of the public health law is amended by adding three
 new subdivisions 12-a, 14-a and 15-a to read as follows:
   12-A. "MULTIDISCIPLINARY" MEANS THE INVOLVEMENT OF TWO OR  MORE  SEPA-
 RATE  DISCIPLINES  OR PROFESSIONS, WHICH MAY MEAN THE INVOLVEMENT OF ONE
 INDIVIDUAL WHO MEETS THE DEFINITION OF QUALIFIED PERSONNEL AS DEFINED IN
 SUBDIVISION FIFTEEN OF THIS SECTION AND WHO IS QUALIFIED, IN  ACCORDANCE
 WITH  STATE  LICENSURE,  CERTIFICATION OR OTHER COMPARABLE STANDARDS, TO
 EVALUATE ALL FIVE DEVELOPMENTAL DOMAINS.

 S. 7507                            44                            A. 9507
 
   14-A. A "PARTIAL EVALUATION" SHALL MEAN  AN  EVALUATION  IN  A  SINGLE
 DEVELOPMENTAL AREA FOR PURPOSES OF DETERMINING ELIGIBILITY, AND MAY ALSO
 MEAN  AN  EXAMINATION OF THE CHILD TO DETERMINE THE NEED FOR A MODIFICA-
 TION TO THE CHILD'S INDIVIDUALIZED FAMILY SERVICE PLAN.
   15-A. "SCREENING" MEANS THE PROCEDURES USED BY QUALIFIED PERSONNEL, AS
 DEFINED  IN  SUBDIVISION FIFTEEN OF THIS SECTION, TO DETERMINE WHETHER A
 CHILD IS SUSPECTED OF HAVING A DISABILITY AND IN NEED  OF  EARLY  INTER-
 VENTION SERVICES, AND SHALL INCLUDE, WHERE AVAILABLE AND APPROPRIATE FOR
 THE  CHILD,  THE  ADMINISTRATION OF A STANDARDIZED INSTRUMENT OR INSTRU-
 MENTS APPROVED BY THE DEPARTMENT, IN ACCORDANCE WITH  SUBDIVISION  THREE
 OF SECTION TWENTY-FIVE HUNDRED FORTY-FOUR OF THIS TITLE.
   §  3.  Subdivision  3  of  section  2542  of the public health law, as
 amended by chapter 231 of the laws  of  1993,  is  amended  to  read  as
 follows:
   3.  [The] (A) UNLESS AN INFANT OR TODDLER HAS ALREADY BEEN REFERRED TO
 THE EARLY INTERVENTION PROGRAM OR  THE  HEALTH  OFFICER  OF  THE  PUBLIC
 HEALTH DISTRICT IN WHICH THE INFANT OR TODDLER RESIDES, AS DESIGNATED BY
 THE MUNICIPALITY, THE following persons and entities, within two working
 days of identifying an infant or toddler suspected of having a disabili-
 ty or at risk of having a disability, shall refer such infant or toddler
 to  the early intervention official or the health officer [of the public
 health district in which the infant or toddler resides, as designated by
 the municipality], AS APPLICABLE, but in no event over the objection  of
 the parent made in accordance with procedures established by the depart-
 ment  for  use  by  such primary referral sources[, unless the child has
 already been referred]:   hospitals, child health  care  providers,  day
 care  programs,  local school districts, public health facilities, early
 childhood direction centers and such other  social  service  and  health
 care  agencies  and providers as the commissioner shall specify in regu-
 lation; provided, however, that the department  shall  establish  proce-
 dures,  including regulations if required, to ensure that primary refer-
 ral sources adequately inform the parent or  guardian  about  the  early
 intervention  program, including through brochures and written materials
 created or approved by the department.
   (B) THE PRIMARY REFERRAL SOURCES IDENTIFIED IN PARAGRAPH (A)  OF  THIS
 SUBDIVISION  SHALL,  WITH PARENTAL CONSENT, COMPLETE AND TRANSMIT AT THE
 TIME OF REFERRAL, A REFERRAL FORM  DEVELOPED  BY  THE  DEPARTMENT  WHICH
 CONTAINS   INFORMATION  SUFFICIENT  TO  DOCUMENT  THE  PRIMARY  REFERRAL
 SOURCE'S CONCERN OR BASIS FOR SUSPECTING THE CHILD HAS A  DISABILITY  OR
 IS  AT  RISK OF HAVING A DISABILITY, AND WHERE APPLICABLE, SPECIFIES THE
 CHILD'S DIAGNOSED CONDITION THAT ESTABLISHES THE CHILD'S ELIGIBILITY FOR
 THE EARLY INTERVENTION PROGRAM. THE PRIMARY REFERRAL SOURCE SHALL INFORM
 THE PARENT OF A CHILD WITH A DIAGNOSED CONDITION THAT HAS A HIGH  PROBA-
 BILITY OF RESULTING IN DEVELOPMENTAL DELAY, THAT (I) ELIGIBILITY FOR THE
 PROGRAM  MAY  BE ESTABLISHED BY MEDICAL OR OTHER RECORDS AND (II) OF THE
 IMPORTANCE OF PROVIDING CONSENT FOR THE PRIMARY REFERRAL SOURCE TO TRAN-
 SMIT RECORDS OR REPORTS NECESSARY TO  SUPPORT  THE  DIAGNOSIS,  OR,  FOR
 PARENTS  OR GUARDIANS OF CHILDREN WHO DO NOT HAVE A DIAGNOSED CONDITION,
 RECORDS OR REPORTS THAT WOULD ASSIST IN DETERMINING ELIGIBILITY FOR  THE
 PROGRAM.
   § 4. Section 2544 of the public health law, as added by chapter 428 of
 the  laws  of 1992, paragraph (c) of subdivision 2 as added by section 1
 of part A of chapter 56 of the laws of 2012 and subdivision 11 as  added
 by section 3 of part B3 of chapter 62 of the laws of 2003, is amended to
 read as follows:

 S. 7507                            45                            A. 9507
 
   §  2544.  Screening  and  evaluations.  1. Each child thought to be an
 eligible child  is  entitled  to  [a  multidisciplinary]  AN  evaluation
 CONDUCTED  IN  ACCORDANCE  WITH THIS SECTION, and the early intervention
 official shall ensure such evaluation, with parental consent.
   2.  (a)  [The] SUBJECT TO THE PROVISIONS OF THIS TITLE, THE parent may
 select an evaluator from the list of approved evaluators as described in
 section twenty-five hundred forty-two  of  this  title  to  conduct  the
 APPLICABLE  SCREENING AND/OR evaluation IN ACCORDANCE WITH THIS SECTION.
 The parent or evaluator shall immediately notify the early  intervention
 official  of  such selection. THE EVALUATOR SHALL REVIEW THE INFORMATION
 AND DOCUMENTATION PROVIDED WITH THE REFERRAL TO DETERMINE THE  APPROPRI-
 ATE  SCREENING  OR  EVALUATION PROCESS TO FOLLOW IN ACCORDANCE WITH THIS
 SECTION. The evaluator may begin the SCREENING OR evaluation  no  sooner
 than  four  working  days  after  such  notification,  unless  otherwise
 approved by the initial service coordinator.
   (b) [the evaluator shall designate  an  individual  as  the  principal
 contact  for  the  multidisciplinary  team] INITIAL SERVICE COORDINATORS
 SHALL INFORM THE PARENT OF THE APPLICABLE SCREENING OR EVALUATION PROCE-
 DURES THAT MAY BE PERFORMED. FOR A CHILD REFERRED TO  THE  EARLY  INTER-
 VENTION  OFFICIAL  WHO HAS A DIAGNOSED PHYSICAL OR MENTAL CONDITION THAT
 HAS A HIGH PROBABILITY OF RESULTING IN DEVELOPMENTAL DELAY, THE  INITIAL
 SERVICE  COORDINATOR  SHALL INFORM THE PARENT THAT THE EVALUATION OF THE
 CHILD SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROCEDURES SET FORTH  IN
 SUBDIVISION FIVE OF THIS SECTION.
   (c)  If,  in  consultation with the evaluator, the service coordinator
 identifies a child that is potentially eligible for programs or services
 offered by or under the auspices of the office for people with  develop-
 mental disabilities, the service coordinator shall, with parent consent,
 notify  the  office for people with developmental disabilities' regional
 developmental disabilities services office of the potential  eligibility
 of such child for said programs or services.
   3.  [(a)  To  determine eligibility, an evaluator shall, with parental
 consent, either (i) screen a child to determine what type of evaluation,
 if any, is warranted, or (ii) provide a multidisciplinary evaluation. In
 making the determination whether to provide an evaluation, the evaluator
 may rely on a recommendation from a physician or other qualified  person
 as designated by the commissioner.
   (b)]  SCREENINGS  FOR  CHILDREN  REFERRED  TO  THE  EARLY INTERVENTION
 PROGRAM TO DETERMINE WHETHER THEY ARE SUSPECTED OF HAVING A  DISABILITY.
 (A)  FOR  A CHILD REFERRED TO THE EARLY INTERVENTION PROGRAM, THE EVALU-
 ATOR SHALL FIRST  PERFORM  A  SCREENING  OF  THE  CHILD,  WITH  PARENTAL
 CONSENT,  TO  DETERMINE WHETHER THE CHILD IS SUSPECTED OF HAVING A DISA-
 BILITY.
   (B) THE EVALUATOR SHALL UTILIZE A STANDARDIZED INSTRUMENT  OR  INSTRU-
 MENTS APPROVED BY THE DEPARTMENT TO CONDUCT THE SCREENING. IF THE EVALU-
 ATOR  DOES NOT UTILIZE A STANDARDIZED INSTRUMENT OR INSTRUMENTS APPROVED
 BY THE DEPARTMENT FOR THE SCREENING, THE  EVALUATOR  SHALL  DOCUMENT  IN
 WRITING  WHY SUCH STANDARDIZED INSTRUMENT OR INSTRUMENTS ARE UNAVAILABLE
 OR INAPPROPRIATE FOR THE CHILD.
   (C) THE EVALUATOR SHALL EXPLAIN THE RESULTS OF THE  SCREENING  TO  THE
 PARENT AND SHALL FULLY DOCUMENT THE RESULTS IN WRITING.
   (D) If, based upon the screening, a child is [believed to be eligible,
 or if otherwise elected by the parent] SUSPECTED OF HAVING A DISABILITY,
 the  child  shall,  with  [the  consent  of  a parent] PARENTAL CONSENT,
 receive  [a  multidisciplinary  evaluation.  All  evaluations  shall  be
 conducted  in  accordance with] AN EVALUATION TO BE CONDUCTED IN ACCORD-

 S. 7507                            46                            A. 9507
 
 ANCE WITH THE PROCEDURES SET FORTH IN SUBDIVISION FOUR OF THIS  SECTION,
 the coordinated standards and procedures, and [with] regulations promul-
 gated by the commissioner.
   (E) IF, BASED UPON THE SCREENING, A CHILD IS NOT SUSPECTED OF HAVING A
 DISABILITY, AN EVALUATION SHALL NOT BE PROVIDED, UNLESS REQUESTED BY THE
 PARENT.  THE  EARLY  INTERVENTION OFFICIAL SHALL PROVIDE THE PARENT WITH
 WRITTEN NOTICE OF THE SCREENING RESULTS, WHICH SHALL INCLUDE INFORMATION
 ON THE PARENT'S RIGHT TO REQUEST AN EVALUATION.
   (F) A SCREENING SHALL NOT BE PROVIDED TO CHILDREN WHO ARE REFERRED  TO
 THE  EARLY  INTERVENTION PROGRAM WHO HAVE A DIAGNOSED PHYSICAL OR MENTAL
 CONDITION WITH A HIGH PROBABILITY OF RESULTING  IN  DEVELOPMENTAL  DELAY
 THAT  ESTABLISHES  ELIGIBILITY  FOR THE PROGRAM OR FOR CHILDREN WHO HAVE
 PREVIOUSLY RECEIVED AN EVALUATION UNDER THE EARLY INTERVENTION PROGRAM.
   4. The evaluation of [each] A child shall:
   (a) INCLUDE THE ADMINISTRATION OF AN EVALUATION INSTRUMENT OR  INSTRU-
 MENTS  APPROVED  BY THE DEPARTMENT. IF THE EVALUATOR DOES NOT UTILIZE AN
 INSTRUMENT OR INSTRUMENTS APPROVED BY THE  DEPARTMENT  AS  PART  OF  THE
 EVALUATION  OF  THE  CHILD,  THE EVALUATOR SHALL DOCUMENT IN WRITING WHY
 SUCH INSTRUMENT OR INSTRUMENTS ARE NOT APPROPRIATE OR AVAILABLE FOR  THE
 CHILD;
   (B)  be  conducted by personnel trained to utilize appropriate methods
 and procedures;
   [(b)] (C) be based on informed clinical opinion;
   [(c)] (D) be made without regard to the availability  of  services  in
 the municipality or who might provide such services; [and
   (d)] (E) with parental consent, include the following:
   (i)  a  review  of  pertinent  records  related to the child's current
 health status and medical history; AND
   (ii) an evaluation of the child's level of functioning in each of  the
 developmental  areas  set forth in paragraph (c) of subdivision seven of
 section twenty-five hundred forty-one  of  this  title[;]  TO  DETERMINE
 WHETHER  THE CHILD HAS A DISABILITY AS DEFINED IN THIS TITLE THAT ESTAB-
 LISHES THE CHILD'S ELIGIBILITY FOR THE PROGRAM; AND
   (F) IF THE CHILD HAS BEEN DETERMINED ELIGIBLE BY THE  EVALUATOR  AFTER
 CONDUCTING  THE  PROCEDURES  SET  FORTH IN PARAGRAPHS (A) THROUGH (E) OF
 THIS SUBDIVISION, THE EVALUATION SHALL ALSO INCLUDE:
   [(iii)] (I) an assessment [of the unique needs of the child  in  terms
 of]  FOR  THE  PURPOSES  OF IDENTIFYING THE CHILD'S UNIQUE STRENGTHS AND
 NEEDS IN each of the developmental areas [set forth in paragraph (c)  of
 subdivision  seven  of  section  twenty-five  hundred  forty-one of this
 title, including the  identification  of]  AND  THE  EARLY  INTERVENTION
 services appropriate to meet those needs;
   [(iv)] (II) A FAMILY-DIRECTED ASSESSMENT, IF CONSENTED TO BY THE FAMI-
 LY,  IN  ORDER  TO  IDENTIFY  THE  FAMILY'S  RESOURCES,  PRIORITIES, AND
 CONCERNS AND THE SUPPORTS NECESSARY TO ENHANCE THE FAMILY'S CAPACITY  TO
 MEET  THE  DEVELOPMENTAL NEEDS OF THE CHILD. THE FAMILY ASSESSMENT SHALL
 BE VOLUNTARY ON THE PART OF EACH  FAMILY  MEMBER  PARTICIPATING  IN  THE
 ASSESSMENT;
   (III)  an  [evaluation]  ASSESSMENT of the transportation needs of the
 child, if any; and
   [(v)] (IV) such other matters as the  commissioner  may  prescribe  in
 regulation.
   5. EVALUATIONS FOR CHILDREN WHO ARE REFERRED TO THE EARLY INTERVENTION
 OFFICIAL  WITH  DIAGNOSED PHYSICAL OR MENTAL CONDITIONS THAT HAVE A HIGH
 PROBABILITY OF RESULTING IN DEVELOPMENTAL DELAY. (A) IF A  CHILD  HAS  A
 DIAGNOSED  PHYSICAL  OR  MENTAL CONDITION THAT HAS A HIGH PROBABILITY OF

 S. 7507                            47                            A. 9507
 
 RESULTING IN DEVELOPMENTAL DELAY, THE CHILD'S MEDICAL OR  OTHER  RECORDS
 SHALL  BE USED, WHEN AVAILABLE, TO ESTABLISH THE CHILD'S ELIGIBILITY FOR
 THE PROGRAM.
   (B)  THE EVALUATOR SHALL, UPON REVIEW OF THE REFERRAL FORM PROVIDED IN
 ACCORDANCE WITH SECTION TWENTY-FIVE HUNDRED FORTY-TWO OF THIS  TITLE  OR
 ANY MEDICAL OR OTHER RECORDS, OR AT THE TIME OF INITIAL CONTACT WITH THE
 CHILD'S  FAMILY,  DETERMINE  WHETHER THE CHILD HAS A DIAGNOSED CONDITION
 THAT ESTABLISHES THE CHILD'S ELIGIBILITY FOR THE PROGRAM. IF THE  EVALU-
 ATOR HAS REASON TO BELIEVE, AFTER SPEAKING WITH THE CHILD'S FAMILY, THAT
 THE  CHILD  MAY  HAVE A DIAGNOSED CONDITION THAT ESTABLISHES THE CHILD'S
 ELIGIBILITY BUT THE EVALUATOR HAS NOT  BEEN  PROVIDED  WITH  MEDICAL  OR
 OTHER  DOCUMENTATION  OF  SUCH  DIAGNOSIS,  THE  EVALUATOR  SHALL,  WITH
 PARENTAL CONSENT, OBTAIN SUCH DOCUMENTATION, WHEN  AVAILABLE,  PRIOR  TO
 PROCEEDING WITH THE EVALUATION OF THE CHILD.
   (C)  THE  EVALUATOR SHALL REVIEW ALL RECORDS RECEIVED TO DOCUMENT THAT
 THE CHILD'S DIAGNOSIS AS SET  FORTH  IN  SUCH  RECORDS  ESTABLISHES  THE
 CHILD'S ELIGIBILITY FOR THE EARLY INTERVENTION PROGRAM.
   (D)  NOTWITHSTANDING  SUBDIVISION FOUR OF THIS SECTION, IF THE CHILD'S
 ELIGIBILITY FOR THE EARLY INTERVENTION PROGRAM IS ESTABLISHED IN ACCORD-
 ANCE WITH THIS SUBDIVISION,  THE  EVALUATION  OF  THE  CHILD  SHALL  (I)
 CONSIST  OF A REVIEW OF THE RESULTS OF THE MEDICAL OR OTHER RECORDS THAT
 ESTABLISHED THE CHILD'S ELIGIBILITY, AND ANY OTHER PERTINENT EVALUATIONS
 OR RECORDS AVAILABLE AND (II) COMPLY WITH THE PROCEDURES  SET  FORTH  IN
 PARAGRAPH (F) OF SUBDIVISION FOUR OF THIS SECTION. THE EVALUATION PROCE-
 DURES  SET  FORTH  IN  PARAGRAPHS (A) THROUGH (E) OF SUBDIVISION FOUR OF
 THIS SECTION SHALL NOT BE REQUIRED OR CONDUCTED.
   6. An evaluation shall not include a reference to any specific provid-
 er of early intervention services.
   [6.] 7. Nothing in this  section  shall  restrict  an  evaluator  from
 utilizing, in addition to findings from his or her personal examination,
 other examinations, evaluations or assessments conducted for such child,
 including those conducted prior to the evaluation under this section, if
 such  examinations,  evaluations  or assessments are consistent with the
 coordinated standards and procedures.
   [7.] 8. Following completion of the evaluation,  the  evaluator  shall
 provide  the  parent and service coordinator with a copy of a summary of
 the full evaluation. To the extent practicable,  the  summary  shall  be
 provided  in  the  native  language  of  the parent. Upon request of the
 parent, early intervention official or service coordinator,  the  evalu-
 ator  shall  provide a copy of the full evaluation to such parent, early
 intervention official or service coordinator.
   [8.] 9. A parent who disagrees with the results of an  evaluation  may
 obtain  an additional evaluation or partial evaluation at public expense
 to the extent authorized by federal law or regulation.
   [9.] 10. Upon receipt of the results of an evaluation, a service coor-
 dinator may, with parental consent, require additional diagnostic infor-
 mation regarding the condition of the  child,  provided,  however,  that
 such  evaluation or assessment is not unnecessarily duplicative or inva-
 sive to the child, and provided further, that:
   (a) where the evaluation has established the child's eligibility, such
 additional diagnostic information shall be used solely to provide  addi-
 tional  information  to the parent and service coordinator regarding the
 child's need for services and cannot be a basis for  refuting  eligibil-
 ity;
   (b)  the service coordinator provides the parent with a written expla-
 nation of the basis for requiring additional diagnostic information;

 S. 7507                            48                            A. 9507
 
   (c) the additional diagnostic procedures are  at  no  expense  to  the
 parent; and
   (d)  the  evaluation  is completed and a meeting to develop an IFSP is
 held within the time prescribed in subdivision one  of  section  twenty-
 five hundred forty-five of this title.
   [10.] 11. (a) If the screening indicates that the infant or toddler is
 not  an  eligible child and the parent elects not to have an evaluation,
 or if the evaluation indicates that the infant  or  toddler  is  not  an
 eligible child, the service coordinator shall inform the parent of other
 programs or services that may benefit such child, and the child's family
 and,  with  parental  consent,  refer  such  child  to  such programs or
 services.
   (b) A parent may appeal a determination that  a  child  is  ineligible
 pursuant  to the provisions of section twenty-five hundred forty-nine of
 this title, provided, however, that  a  parent  may  not  initiate  such
 appeal  until  all  evaluations are completed.  IN ADDITION, FOR A CHILD
 REFERRED TO THE EARLY INTERVENTION OFFICIAL WHO HAS A DIAGNOSED PHYSICAL
 OR MENTAL CONDITION THAT ESTABLISHES THE  CHILD'S  ELIGIBILITY  FOR  THE
 PROGRAM  IN ACCORDANCE WITH SUBDIVISION FIVE OF THIS SECTION, THE PARENT
 MAY APPEAL THE DENIAL OF A REQUEST TO HAVE  THE  EVALUATOR  CONDUCT  THE
 EVALUATION  PROCEDURES SET FORTH IN PARAGRAPHS (A) THROUGH (E) OF SUBDI-
 VISION FOUR OF THIS SECTION, PROVIDED, HOWEVER, THAT THE PARENT MAY  NOT
 INITIATE  THE  APPEAL  UNTIL THE EVALUATION CONDUCTED IN ACCORDANCE WITH
 SUBDIVISION FIVE OF THIS SECTION IS COMPLETED.
   [11.] 12. Notwithstanding any other provision of law to the  contrary,
 where  a  request has been made to review an IFSP prior to the six-month
 interval provided in subdivision seven of  section  twenty-five  hundred
 forty-five  of  this title for purposes of increasing frequency or dura-
 tion of an approved service, including service coordination,  the  early
 intervention  official  may  require an additional evaluation or partial
 evaluation at public expense by an approved  evaluator  other  than  the
 current provider of service, with parent consent.
   §  5.  Section  3235-a  of the insurance law, as added by section 3 of
 part C of chapter 1 of the laws of 2002, subsection (c)  as  amended  by
 section  17  of  part A of chapter 56 of the laws of 2012, is amended to
 read as follows:
   § 3235-a. Payment for early intervention services. (a)  No  policy  of
 accident  and  health  insurance, including contracts issued pursuant to
 article forty-three of this chapter, shall exclude coverage  for  other-
 wise  covered  services solely on the basis that the services constitute
 early intervention program services under title two-A of  article  twen-
 ty-five  of  the  public  health  law;  PROVIDED,  HOWEVER, THE INSURER,
 INCLUDING A HEALTH MAINTENANCE  ORGANIZATION  ISSUED  A  CERTIFICATE  OF
 AUTHORITY UNDER ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW AND A CORPO-
 RATION ORGANIZED UNDER ARTICLE FORTY-THREE OF THIS CHAPTER SHALL PAY FOR
 SUCH  SERVICES  TO  THE  EXTENT  THAT THE SERVICES ARE A COVERED BENEFIT
 UNDER THE POLICY.
   (b) Where a policy of  accident  and  health  insurance,  including  a
 contract  issued  pursuant  to  article  forty-three  of  this  chapter,
 provides coverage for an early intervention program service, such cover-
 age shall not be applied against any maximum annual or lifetime monetary
 limits set forth in such policy or contract.  ANY DOCUMENTATION OBTAINED
 PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION  THREE  OF
 SECTION  TWENTY-FIVE  HUNDRED  FIFTY-NINE  OF  THE PUBLIC HEALTH LAW AND
 SUBMITTED TO THE INSURER SHALL  BE  CONSIDERED  AS  PART  OF  PRECERTIF-
 ICATION,  PREAUTHORIZATION AND/OR MEDICAL NECESSITY REVIEW IMPOSED UNDER

 S. 7507                            49                            A. 9507
 
 SUCH POLICY OF ACCIDENT  AND  HEALTH  INSURANCE,  INCLUDING  A  CONTRACT
 ISSUED  PURSUANT  TO  ARTICLE FORTY-THREE OF THIS CHAPTER. Visit limita-
 tions and other terms and conditions of  the  policy  will  continue  to
 apply to early intervention services. However, any visits used for early
 intervention  program  services  shall  not  reduce the number of visits
 otherwise available under the policy or contract for such services.
   (c) Any right of subrogation  to  benefits  which  a  municipality  or
 provider  is  entitled  in  accordance with paragraph (d) of subdivision
 three of section twenty-five hundred fifty-nine of the public health law
 shall be valid and enforceable to  the  extent  benefits  are  available
 under any accident and health insurance policy. The right of subrogation
 does  not  attach to insurance benefits paid or provided under any acci-
 dent and health insurance policy prior to  receipt  by  the  insurer  of
 written  notice  from  the municipality or provider, as applicable.  The
 insurer shall provide [the] SUCH municipality  and  service  coordinator
 with  information  on  the  extent  of benefits available to the covered
 person under such policy within fifteen days of the insurer's receipt of
 written request and notice authorizing such release. The service coordi-
 nator shall provide such information to the rendering provider  assigned
 to provide services to the child.
   (d)  No  insurer, including a health maintenance organization issued a
 certificate of authority under article forty-four of the  public  health
 law  and a corporation organized under article forty-three of this chap-
 ter, shall refuse to issue an accident and health  insurance  policy  or
 contract  or  refuse to renew an accident and health insurance policy or
 contract solely because the applicant or insured is  receiving  services
 under the early intervention program.
   §  6.  Paragraph  (a)  of  subdivision 3 of section 2559 of the public
 health law, as amended by section 11 of part A of chapter 56 of the laws
 of 2012, is amended to read as follows:
   (a) Providers of evaluations and early intervention services,  herein-
 after  collectively  referred  to  in  this subdivision as "provider" or
 "providers", shall in the first  instance  and  where  applicable,  seek
 payment  from  all  third  party  payors including governmental agencies
 prior to claiming payment from  a  given  municipality  for  evaluations
 conducted  under the program and for services rendered to eligible chil-
 dren, provided that, the obligation to seek payment shall not apply to a
 payment from a third party payor who is  not  prohibited  from  applying
 such  payment,  and  will  apply  such payment, to an annual or lifetime
 limit specified in the insured's policy.  IF SUCH A CLAIM IS DENIED BY A
 THIRD PARTY PAYOR, THE PROVIDER SHALL REQUEST AN APPEAL OF SUCH  DENIAL,
 IN  A  MANNER  PRESCRIBED  BY THE DEPARTMENT, IN ACCORDANCE WITH ARTICLE
 FORTY-NINE OF THIS CHAPTER AND ARTICLE FORTY-NINE OF THE INSURANCE  LAW,
 AND  SHALL  RECEIVE A DETERMINATION OF SUCH APPEAL PRIOR TO SUBMITTING A
 CLAIM FOR PAYMENT FROM ANOTHER THIRD PARTY PAYOR  OR  FROM  THE  MUNICI-
 PALITY.  A  PROVIDER SHALL NOT DELAY OR DISCONTINUE SERVICES TO ELIGIBLE
 CHILDREN PENDING PAYMENT OF THE CLAIM OR PENDING A DETERMINATION OF  ANY
 DENIAL FOR PAYMENT THAT HAS BEEN APPEALED.
   (i)  [Parents]  IN  A FORM PRESCRIBED BY THE DEPARTMENT, PARENTS shall
 provide the municipality [and], service coordinator AND PROVIDER  infor-
 mation on any insurance policy, plan or contract under which an eligible
 child has coverage.
   (ii)  [Parents]  IN A TIMELINE AND FORMAT AS PRESCRIBED BY THE DEPART-
 MENT, THE MUNICIPALITY SHALL REQUEST FROM THE  PARENT,  AND  THE  PARENT
 shall  provide the municipality [and the service coordinator], WHO SHALL
 PROVIDE SUCH DOCUMENTATION TO  THE  SERVICE  COORDINATOR  AND  PROVIDER,

 S. 7507                            50                            A. 9507
 
 with:  (A)  a  written  ORDER, referral [from a primary care provider as
 documentation, for eligible children, of] OR RECOMMENDATION, SIGNED BY A
 PHYSICIAN, PHYSICIAN ASSISTANT OR NURSE PRACTITIONER,  FOR  THE  MEDICAL
 NECESSITY OF EARLY INTERVENTION EVALUATION SERVICES TO DETERMINE PROGRAM
 ELIGIBILITY FOR EARLY INTERVENTION SERVICES;
   (B) A COPY OF AN INDIVIDUALIZED FAMILY SERVICE PLAN AGREED UPON PURSU-
 ANT  TO  SECTION  TWENTY-FIVE  HUNDRED  FORTY-FIVE  OF  THIS  TITLE THAT
 CONTAINS DOCUMENTATION, SIGNED BY A PHYSICIAN,  PHYSICIAN  ASSISTANT  OR
 NURSE  PRACTITIONER  ON  the  medical  necessity  of  early intervention
 services INCLUDED IN THE INDIVIDUALIZED FAMILY SERVICE PLAN;
   (C) WRITTEN  CONSENT  TO  CONTACT  THE  CHILD'S  PHYSICIAN,  PHYSICIAN
 ASSISTANT OR NURSE PRACTITIONER FOR PURPOSES OF OBTAINING A SIGNED WRIT-
 TEN  ORDER, REFERRAL, OR RECOMMENDATION AS DOCUMENTATION FOR THE MEDICAL
 NECESSITY OF EARLY INTERVENTION EVALUATION SERVICES TO DETERMINE PROGRAM
 ELIGIBILITY FOR EARLY INTERVENTION SERVICES; OR
   (D) WRITTEN  CONSENT  TO  CONTACT  THE  CHILD'S  PHYSICIAN,  PHYSICIAN
 ASSISTANT  OR  NURSE  PRACTITIONER  FOR  PURPOSES  OF  OBTAINING  SIGNED
 DOCUMENTATION OF THE MEDICAL NECESSITY OF  EARLY  INTERVENTION  SERVICES
 CONTAINED  WITHIN  THE  INDIVIDUALIZED  FAMILY  SERVICE PLAN AGREED UPON
 PURSUANT TO SECTION TWENTY-FIVE HUNDRED FORTY-FIVE OF THIS TITLE.
   (iii) [providers] PROVIDERS  shall  utilize  the  department's  fiscal
 agent and data system for claiming payment AND FOR REQUESTING APPEALS OF
 CLAIMS  DENIED  BY  THIRD  PARTY  PAYORS,  for  evaluations and services
 rendered under the early intervention program.
   § 7. Paragraph (d) of subdivision 3 of  section  2559  of  the  public
 health law, as amended by section 11 of part A of chapter 56 of the laws
 of 2012, is amended to read as follows:
   (d) A municipality, or its designee, and a provider shall be subrogat-
 ed,  to the extent of the expenditures by such municipality or for early
 intervention services furnished to persons eligible for  benefits  under
 this  title,  to  any rights such person may have or be entitled to from
 third party reimbursement. The provider SHALL SUBMIT  ANY  DOCUMENTATION
 OBTAINED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION AND shall submit notice to the insurer or plan administrator of his
 or her exercise of such right of subrogation upon the provider's assign-
 ment as the early intervention service provider for the child. The right
 of  subrogation  does  not attach to benefits paid or provided under any
 health insurance policy or health benefits  plan  prior  to  receipt  of
 written  notice  of the exercise of subrogation rights by the insurer or
 plan administrator providing such benefits.
   § 8. Subdivision 7 of section  4900  of  the  public  health  law,  as
 amended  by  chapter  558  of  the  laws  of 1999, is amended to read as
 follows:
   7. "Health care provider" means a health care professional or a facil-
 ity licensed pursuant to articles twenty-eight,  thirty-six,  forty-four
 or  forty-seven  of  this  chapter [or], a facility licensed pursuant to
 article nineteen, twenty-three, thirty-one or thirty-two of  the  mental
 hygiene  law,  QUALIFIED  PERSONNEL  PURSUANT  TO TITLE TWO-A OF ARTICLE
 TWENTY-FIVE OF THIS CHAPTER OR AN AGENCY AS DEFINED BY THE DEPARTMENT OF
 HEALTH IN REGULATIONS PROMULGATED PURSUANT TO  TITLE  TWO-A  OF  ARTICLE
 TWENTY-FIVE OF THIS CHAPTER.
   §  9. Subdivision 1 of section 4904 of the public health law, as added
 by chapter 705 of the laws of 1996, is amended to read as follows:
   1. An enrollee, the enrollee's designee and, in connection with retro-
 spective adverse determinations OR ADVERSE DETERMINATIONS  FOR  SERVICES
 RENDERED  IN ACCORDANCE TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THIS CHAP-

 S. 7507                            51                            A. 9507
 
 TER, an enrollee's health care provider, may appeal an adverse  determi-
 nation rendered by a utilization review agent.
   §  10.  The  opening paragraph of subdivision 2 of section 4910 of the
 public health law, as amended by chapter 237 of the  laws  of  2009,  is
 amended to read as follows:
   An  enrollee,  the enrollee's designee and, in connection with concur-
 rent and retrospective adverse determinations OR ADVERSE  DETERMINATIONS
 FOR  SERVICES RENDERED IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-
 FIVE OF THIS CHAPTER, an enrollee's health care provider, shall have the
 right to request an external appeal when:
   § 11. Paragraph (a) of subdivision 4 of section  4914  of  the  public
 health law, as amended by chapter 237 of the laws of 2009, is amended to
 read as follows:
   (a)  Except as provided in paragraphs (b) and (c) of this subdivision,
 payment for  an  external  appeal,  INCLUDING  AN  APPEAL  FOR  SERVICES
 RENDERED  IN  ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THIS
 CHAPTER, shall be the responsibility of the health care plan. The health
 care plan shall make payment to the external appeal agent within  forty-
 five  days  from  the  date  the appeal determination is received by the
 health care plan, and the health care plan shall  be  obligated  to  pay
 such amount together with interest thereon calculated at a rate which is
 the  greater of the rate set by the commissioner of taxation and finance
 for corporate taxes pursuant to  paragraph  one  of  subsection  (e)  of
 section  one  thousand  ninety-six  of the tax law or twelve percent per
 annum, to be computed from the date the bill was required to be paid, in
 the event that payment is not made within such forty-five days.
   § 12. Subsection (g) of section 4900 of the insurance law, as  amended
 by chapter 558 of the laws of 1999, is amended to read as follows:
   (g)  "Health  care  provider"  means  a  health care professional or a
 facility licensed pursuant to article twenty-eight,  thirty-six,  forty-
 four  or  forty-seven of the public health law [or], a facility licensed
 pursuant to article nineteen, twenty-three, thirty-one or thirty-two  of
 the  mental  hygiene law, QUALIFIED PERSONNEL PURSUANT TO TITLE TWO-A OF
 ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW, OR AN AGENCY AS DEFINED BY
 THE DEPARTMENT OF HEALTH IN REGULATIONS PROMULGATED  PURSUANT  TO  TITLE
 TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW.
   § 13. Subsection (a) of section 4904 of the insurance law, as added by
 chapter 705 of the laws of 1996, is amended to read as follows:
   (a)  An insured, the insured's designee and, in connection with retro-
 spective adverse determinations OR ADVERSE DETERMINATIONS  FOR  SERVICES
 RENDERED  IN  ACCORDANCE  WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THE
 PUBLIC HEALTH LAW, an insured's health  care  provider,  may  appeal  an
 adverse determination rendered by a utilization review agent.
   §  14.  The opening paragraph of subsection (b) of section 4910 of the
 insurance law, as amended by chapter 237 of the laws of 2009, is amended
 to read as follows:
   An insured, the insured's designee and, in connection with  concurrent
 and  retrospective  adverse determinations OR ADVERSE DETERMINATIONS FOR
 SERVICES RENDERED IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE  TWENTY-FIVE
 OF  THE PUBLIC HEALTH LAW, an insured's health care provider, shall have
 the right to request an external appeal when:
   § 15. Paragraph 1 of subsection (d) of section 4914 of  the  insurance
 law,  as  amended by chapter 237 of the laws of 2009, is amended to read
 as follows:
   (1) Except as provided in paragraphs two and three of this subsection,
 payment for  an  external  appeal,  INCLUDING  AN  APPEAL  FOR  SERVICES

 S. 7507                            52                            A. 9507
 
 RENDERED  IN  ACCORDANCE  WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THE
 PUBLIC HEALTH LAW, shall be the responsibility of the health care  plan.
 The  health  care  plan  shall make payment to the external appeal agent
 within  forty-five  days,  from  the  date  the  appeal determination is
 received by the health care plan, and the  health  care  plan  shall  be
 obligated  to  pay such amount together with interest thereon calculated
 at a rate which is the greater of the rate set by  the  commissioner  of
 taxation  and  finance  for corporate taxes pursuant to paragraph one of
 subsection (e) of section one thousand ninety-six  of  the  tax  law  or
 twelve  percent  per  annum,  to  be computed from the date the bill was
 required to be paid, in the event that payment is not made  within  such
 forty-five days.
   §  16.  Paragraph  1 of subsection (c) of section 109 of the insurance
 law, as amended by section 55 of part A of chapter 62  of  the  laws  of
 2011, is amended to read as follows:
   (1)  If  the  superintendent  finds  after notice and hearing that any
 [authorized] insurer, representative of the insurer,  [licensed]  insur-
 ance  agent,  [licensed]  insurance  broker, [licensed] adjuster, or any
 other person or entity [licensed, certified, registered,  or  authorized
 pursuant]  SUBJECT to this chapter, has wilfully violated the provisions
 of this chapter or  any  regulation  promulgated  thereunder,  then  the
 superintendent  may  order  the person or entity to pay to the people of
 this state a penalty in a sum not exceeding  THE  GREATER  OF:  (I)  one
 thousand  dollars  for each offense; OR (II) WHERE THE VIOLATION RELATES
 TO EITHER THE FAILURE TO PAY A CLAIM OR MAKING A FALSE STATEMENT TO  THE
 SUPERINTENDENT  OR  THE  DEPARTMENT,  THE  GREATER  OF  (A) TEN THOUSAND
 DOLLARS FOR EACH OFFENSE, OR (B) A MULTIPLE OF TWO TIMES  THE  AGGREGATE
 DAMAGES  ATTRIBUTABLE  TO  THE VIOLATION, OR (C) A MULTIPLE OF TWO TIMES
 THE AGGREGATE ECONOMIC GAIN ATTRIBUTABLE TO THE VIOLATION.
   § 17. Upon enactment of the amendments to paragraph (a) of subdivision
 3 of section 2559 of the public health law made by section six  of  this
 act,  providers  of  early  intervention  services  shall  receive a two
 percent increase  in  rates  of  reimbursement  for  early  intervention
 services provided that for payments made for early intervention services
 to  persons  eligible for medical assistance pursuant to title eleven of
 article five of the social services law, the two percent increase  shall
 be subject to the availability of federal financial participation.
   §  18.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on or after April 1,  2018;  provided
 that  the  amendments  to  section  3235-a  of the insurance law made by
 section five of this act shall apply  only  to  policies  and  contracts
 issued, renewed, modified, altered or amended on or after such date.
 
                                  PART P
 
   Section  1.  The opening paragraph of paragraph (b) of subdivision 5-a
 of section 2807-m of the public health law, as amended by section  6  of
 part H of chapter 57 of the laws of 2017, is amended to read as follows:
   Nine  million  one  hundred  twenty  thousand dollars annually for the
 period January first, two thousand nine through  December  thirty-first,
 two  thousand  ten,  and two million two hundred eighty thousand dollars
 for the period January first, two thousand eleven, through  March  thir-
 ty-first,  two thousand eleven, nine million one hundred twenty thousand
 dollars each state fiscal year for the period April first, two  thousand
 eleven  through  March  thirty-first, two thousand fourteen, up to eight
 million six hundred twelve thousand dollars each state fiscal  year  for

 S. 7507                            53                            A. 9507
 
 the  period  April  first,  two  thousand fourteen through March thirty-
 first, two thousand seventeen, and  up  to  eight  million  six  hundred
 twelve  thousand  dollars  each  state  fiscal year for the period April
 first,  two  thousand seventeen through March thirty-first, two thousand
 [twenty] EIGHTEEN, shall be set aside and reserved by  the  commissioner
 from  the regional pools established pursuant to subdivision two of this
 section to be allocated regionally  with  two-thirds  of  the  available
 funding  going  to  New York city and one-third of the available funding
 going to the rest of the state and shall be available  for  distribution
 as follows:
   §  2. Subparagraph (xiii) of paragraph (a) of subdivision 7 of section
 2807-s of the public health law, as amended by section 4 of  part  H  of
 chapter 57 of the laws of 2017, is amended to read as follows:
   (xiii)  twenty-three million eight hundred thirty-six thousand dollars
 each state fiscal year for the period April first, two  thousand  twelve
 through  March  thirty-first, TWO THOUSAND EIGHTEEN, AND FIFTEEN MILLION
 TWO HUNDRED TWENTY-FOUR THOUSAND DOLLARS FOR EACH STATE FISCAL YEAR  FOR
 THE  PERIOD  APRIL  FIRST,  TWO  THOUSAND EIGHTEEN THROUGH MARCH THIRTY-
 FIRST, two thousand twenty;
   § 3. Subdivision 9 of  section  2803  of  the  public  health  law  is
 REPEALED.
   §  4.  This act shall take effect immediately; provided, however, that
 the amendments to subparagraph (xiii) of paragraph (a) of subdivision  7
 of  section  2807-s of the public health law made by section two of this
 act shall not affect the expiration of such section and shall be  deemed
 to expire therewith.
 
                                  PART Q
 
   Section  1.  The  public health law is amended by adding a new section
 2825-f to read as follows:
   § 2825-F. HEALTH CARE FACILITY TRANSFORMATION PROGRAM:  STATEWIDE III.
 1. A STATEWIDE HEALTH CARE FACILITY  TRANSFORMATION  PROGRAM  IS  HEREBY
 ESTABLISHED  UNDER  THE JOINT ADMINISTRATION OF THE COMMISSIONER AND THE
 PRESIDENT OF THE DORMITORY AUTHORITY OF THE STATE OF NEW  YORK  FOR  THE
 PURPOSE  OF STRENGTHENING AND PROTECTING CONTINUED ACCESS TO HEALTH CARE
 SERVICES IN COMMUNITIES. THE PROGRAM SHALL PROVIDE FUNDING IN SUPPORT OF
 CAPITAL PROJECTS, DEBT RETIREMENT, WORKING CAPITAL OR OTHER  NON-CAPITAL
 PROJECTS  THAT  FACILITATE HEALTH CARE TRANSFORMATION ACTIVITIES INCLUD-
 ING, BUT NOT LIMITED TO, MERGER,  CONSOLIDATION,  ACQUISITION  OR  OTHER
 ACTIVITIES  INTENDED  TO:  (A) CREATE FINANCIALLY SUSTAINABLE SYSTEMS OF
 CARE; (B) PRESERVE OR EXPAND ESSENTIAL HEALTH CARE SERVICES; (C) MODERN-
 IZE OBSOLETE FACILITY PHYSICAL PLANTS  AND  INFRASTRUCTURE;  (D)  FOSTER
 PARTICIPATION  IN  VALUE  BASED PAYMENTS ARRANGEMENTS INCLUDING, BUT NOT
 LIMITED TO, CONTRACTS WITH  MANAGED  CARE  PLANS  AND  ACCOUNTABLE  CARE
 ORGANIZATIONS;  (E) FOR RESIDENTIAL HEALTH CARE FACILITIES, INCREASE THE
 QUALITY OF RESIDENT CARE OR EXPERIENCE; OR (F) IMPROVE  HEALTH  INFORMA-
 TION  TECHNOLOGY INFRASTRUCTURE, INCLUDING TELEHEALTH, TO STRENGTHEN THE
 ACUTE, POST-ACUTE AND LONG-TERM CARE  CONTINUUM.  GRANTS  SHALL  NOT  BE
 AVAILABLE  TO  SUPPORT  GENERAL  OPERATING EXPENSES. THE ISSUANCE OF ANY
 BONDS OR NOTES HEREUNDER SHALL BE SUBJECT  TO  SECTION  SIXTEEN  HUNDRED
 EIGHTY-R  OF THE PUBLIC AUTHORITIES LAW AND THE APPROVAL OF THE DIRECTOR
 OF THE DIVISION OF THE BUDGET, AND ANY PROJECTS FUNDED THROUGH THE ISSU-
 ANCE OF BONDS OR NOTES HEREUNDER SHALL BE APPROVED BY THE NEW YORK STATE
 PUBLIC AUTHORITIES CONTROL BOARD, AS REQUIRED UNDER SECTION FIFTY-ONE OF
 THE PUBLIC AUTHORITIES LAW.

 S. 7507                            54                            A. 9507
 
   2. THE COMMISSIONER AND THE PRESIDENT OF THE DORMITORY AUTHORITY SHALL
 ENTER INTO AN AGREEMENT, SUBJECT TO APPROVAL  BY  THE  DIRECTOR  OF  THE
 BUDGET,  AND  SUBJECT  TO SECTION SIXTEEN HUNDRED EIGHTY-R OF THE PUBLIC
 AUTHORITIES LAW, FOR THE PURPOSES OF AWARDING, DISTRIBUTING, AND  ADMIN-
 ISTERING  THE  FUNDS MADE AVAILABLE PURSUANT TO THIS SECTION. SUCH FUNDS
 MAY BE DISTRIBUTED BY THE COMMISSIONER FOR GRANTS TO GENERAL  HOSPITALS,
 RESIDENTIAL HEALTH CARE FACILITIES, DIAGNOSTIC AND TREATMENT CENTERS AND
 CLINICS LICENSED PURSUANT TO THIS CHAPTER OR THE MENTAL HYGIENE LAW, AND
 COMMUNITY-BASED HEALTH CARE PROVIDERS AS DEFINED IN SUBDIVISION THREE OF
 THIS  SECTION  FOR  GRANTS  IN SUPPORT OF THE PURPOSES SET FORTH IN THIS
 SECTION. A COPY OF SUCH AGREEMENT, AND ANY AMENDMENTS THERETO, SHALL  BE
 PROVIDED  TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE
 ASSEMBLY WAYS AND MEANS COMMITTEE, AND THE DIRECTOR OF THE  DIVISION  OF
 THE  BUDGET  NO LATER THAN THIRTY DAYS PRIOR TO THE RELEASE OF A REQUEST
 FOR APPLICATIONS FOR FUNDING UNDER THIS PROGRAM.  PROJECTS  AWARDED,  IN
 WHOLE  OR  PART,  UNDER  SECTIONS TWENTY-EIGHT HUNDRED TWENTY-FIVE-A AND
 TWENTY-EIGHT HUNDRED TWENTY-FIVE-B OF THIS ARTICLE SHALL NOT BE ELIGIBLE
 FOR GRANTS OR AWARDS MADE AVAILABLE UNDER THIS SECTION.
   3. NOTWITHSTANDING  SECTION  ONE  HUNDRED  SIXTY-THREE  OF  THE  STATE
 FINANCE  LAW OR ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY, UP TO
 FOUR HUNDRED AND TWENTY-FIVE MILLION DOLLARS OF THE  FUNDS  APPROPRIATED
 FOR  THIS  PROGRAM SHALL BE AWARDED WITHOUT A COMPETITIVE BID OR REQUEST
 FOR PROPOSAL PROCESS FOR GRANTS  TO  HEALTH  CARE  PROVIDERS  (HEREAFTER
 "APPLICANTS").  PROVIDED,  HOWEVER, THAT A MINIMUM OF: (A) SIXTY MILLION
 DOLLARS OF TOTAL AWARDED FUNDS SHALL BE MADE TO  COMMUNITY-BASED  HEALTH
 CARE PROVIDERS, WHICH FOR PURPOSES OF THIS SECTION SHALL BE DEFINED AS A
 DIAGNOSTIC AND TREATMENT CENTER LICENSED OR GRANTED AN OPERATING CERTIF-
 ICATE  UNDER THIS ARTICLE; A MENTAL HEALTH CLINIC LICENSED OR GRANTED AN
 OPERATING CERTIFICATE UNDER ARTICLE THIRTY-ONE  OF  THE  MENTAL  HYGIENE
 LAW;  A  SUBSTANCE  USE DISORDER TREATMENT CLINIC LICENSED OR GRANTED AN
 OPERATING CERTIFICATE UNDER ARTICLE THIRTY-TWO  OF  THE  MENTAL  HYGIENE
 LAW; A PRIMARY CARE PROVIDER; A HOME CARE PROVIDER CERTIFIED OR LICENSED
 PURSUANT  TO  ARTICLE  THIRTY-SIX OF THIS CHAPTER; OR AN ASSISTED LIVING
 PROGRAM APPROVED BY  THE  DEPARTMENT  PURSUANT  TO  SUBDIVISION  ONE  OF
 SECTION  FOUR  HUNDRED  SIXTY  ONE-1 OF THE SOCIAL SERVICES LAW; AND (B)
 FORTY-FIVE MILLION DOLLARS OF THE TOTAL AWARDED FUNDS SHALL BE  MADE  TO
 RESIDENTIAL HEALTH CARE FACILITIES.
   4. NOTWITHSTANDING ANY INCONSISTENT SUBDIVISION OF THIS SECTION OR ANY
 OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY, THE COMMISSIONER, WITH THE
 APPROVAL OF THE DIRECTOR OF THE BUDGET, MAY EXPEND UP TO TWENTY  MILLION
 DOLLARS  OF  THE  FUNDS APPROPRIATED FOR THIS PROGRAM AND DESIGNATED FOR
 COMMUNITY-BASED HEALTH CARE PROVIDERS PURSUANT TO SUBDIVISION  THREE  OF
 THIS  SECTION  FOR  AWARDS MADE PURSUANT TO PARAGRAPH (L) OF SUBDIVISION
 THREE OF SECTION FOUR HUNDRED SIXTY-ONE-L OF THE SOCIAL SERVICES LAW.
   5. IN DETERMINING AWARDS FOR ELIGIBLE APPLICANTS UNDER  THIS  SECTION,
 THE COMMISSIONER SHALL CONSIDER CRITERIA INCLUDING, BUT NOT LIMITED TO:
   (A)  THE  EXTENT  TO WHICH THE PROPOSED PROJECT WILL CONTRIBUTE TO THE
 INTEGRATION OF HEALTH CARE SERVICES OR THE LONG TERM  SUSTAINABILITY  OF
 THE APPLICANT OR PRESERVATION OF ESSENTIAL HEALTH SERVICES IN THE COMMU-
 NITY OR COMMUNITIES SERVED BY THE APPLICANT;
   (B)  THE  EXTENT  TO  WHICH THE PROPOSED PROJECT OR PURPOSE IS ALIGNED
 WITH DELIVERY SYSTEM REFORM INCENTIVE PAYMENT  ("DSRIP")  PROGRAM  GOALS
 AND OBJECTIVES;
   (C) THE GEOGRAPHIC DISTRIBUTION OF FUNDS;
   (D)  THE  RELATIONSHIP  BETWEEN  THE  PROPOSED  PROJECT AND IDENTIFIED
 COMMUNITY NEED;

 S. 7507                            55                            A. 9507
 
   (E) THE EXTENT TO  WHICH  THE  APPLICANT  HAS  ACCESS  TO  ALTERNATIVE
 FINANCING;
   (F)  THE EXTENT TO WHICH THE PROPOSED PROJECT FURTHERS THE DEVELOPMENT
 OF PRIMARY CARE AND OTHER OUTPATIENT SERVICES;
   (G) THE EXTENT TO WHICH THE PROPOSED PROJECT BENEFITS MEDICAID  ENROL-
 LEES AND UNINSURED INDIVIDUALS;
   (H)  THE  EXTENT  TO  WHICH  THE  APPLICANT  HAS ENGAGED THE COMMUNITY
 AFFECTED BY THE PROPOSED PROJECT  AND  THE  MANNER  IN  WHICH  COMMUNITY
 ENGAGEMENT HAS SHAPED SUCH PROJECT; AND
   (I)  THE EXTENT TO WHICH THE PROPOSED PROJECT ADDRESSES POTENTIAL RISK
 TO PATIENT SAFETY AND WELFARE.
   6. DISBURSEMENT OF AWARDS MADE  PURSUANT  TO  THIS  SECTION  SHALL  BE
 CONDITIONED  ON  THE  AWARDEE  ACHIEVING CERTAIN PROCESS AND PERFORMANCE
 METRICS AND MILESTONES AS DETERMINED  IN  THE  SOLE  DISCRETION  OF  THE
 COMMISSIONER.  SUCH METRICS AND MILESTONES SHALL BE STRUCTURED TO ENSURE
 THAT  THE  GOALS OF THE PROJECT ARE ACHIEVED, AND SUCH METRICS AND MILE-
 STONES SHALL BE INCLUDED  IN  GRANT  DISBURSEMENT  AGREEMENTS  OR  OTHER
 CONTRACTUAL DOCUMENTS AS REQUIRED BY THE COMMISSIONER.
   7.  THE  DEPARTMENT SHALL PROVIDE A REPORT ON A QUARTERLY BASIS TO THE
 CHAIRS OF THE SENATE FINANCE, ASSEMBLY WAYS AND MEANS,  AND  SENATE  AND
 ASSEMBLY HEALTH COMMITTEES, UNTIL SUCH TIME AS THE DEPARTMENT DETERMINES
 THAT  THE  PROJECTS  THAT  RECEIVE  FUNDING PURSUANT TO THIS SECTION ARE
 SUBSTANTIALLY COMPLETE. SUCH REPORTS SHALL BE SUBMITTED  NO  LATER  THAN
 SIXTY  DAYS  AFTER THE CLOSE OF THE QUARTER, AND SHALL INCLUDE, FOR EACH
 AWARD, THE NAME OF THE  APPLICANT,  A  DESCRIPTION  OF  THE  PROJECT  OR
 PURPOSE,  THE  AMOUNT  OF  THE  AWARD,  DISBURSEMENT DATE, AND STATUS OF
 ACHIEVEMENT OF PROCESS AND PERFORMANCE METRICS AND  MILESTONES  PURSUANT
 TO SUBDIVISION SIX OF THIS SECTION.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2018.
 
                                  PART R
 
   Section 1. Section 1373 of the public health law is amended by  adding
 two new subdivisions 1-a and 1-b to read as follows:
   1-A.  EVERY  MUNICIPALITY  THAT ADMINISTERS THE NEW YORK STATE UNIFORM
 FIRE PREVENTION AND BUILDING CODE, AND THAT CONTAINS AN AREA  DESIGNATED
 AS  HIGH  RISK  BY  THE COMMISSIONER PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION, SHALL SUBMIT TO THE DEPARTMENT  AGGREGATE  REPORTS  SUMMARIZING
 THE OUTCOMES OF INSPECTIONS AND REMEDIATION CONDUCTED PURSUANT TO SUBDI-
 VISION  SEVEN  OF SECTION THREE HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW,
 IN A FORMAT TO BE DETERMINED BY THE COMMISSIONER  IN  CONSULTATION  WITH
 THE SECRETARY OF STATE.
   1-B. THE COMMISSIONER SHALL HAVE THE AUTHORITY TO MONITOR EACH MUNICI-
 PALITY'S  COMPLIANCE  WITH  SUBDIVISION  SEVEN  OF SECTION THREE HUNDRED
 EIGHTY-ONE  OF  THE  EXECUTIVE  LAW,  INCLUDING  AUTHORITY  TO   PERFORM
 INSPECTIONS  OF RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES AND TO ENSURE
 IMPLEMENTATION OF LEAD REMEDIATION MEASURES.
   § 2. Section 378 of the executive law  is  amended  by  adding  a  new
 subdivision 17 to read as follows:
   17. FOR ANY AREA DESIGNATED AS HIGH RISK BY THE COMMISSIONER OF HEALTH
 PURSUANT TO SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED SEVENTY-THREE OF
 THE PUBLIC HEALTH LAW:
   A.  A  PRESUMPTION THAT ALL PAINT ON ANY RESIDENTIAL BUILDING ON WHICH
 THE ORIGINAL CONSTRUCTION WAS COMPLETED PRIOR TO JANUARY FIRST, NINETEEN
 HUNDRED SEVENTY-EIGHT, AND THE EXTERIOR OF ANY NONRESIDENTIAL  STRUCTURE

 S. 7507                            56                            A. 9507
 
 ON WHICH THE ORIGINAL CONSTRUCTION WAS COMPLETED PRIOR TO JANUARY FIRST,
 NINETEEN HUNDRED SEVENTY-EIGHT, IS LEAD-BASED.
   B.  A  REQUIREMENT  THAT  THE INTERIOR AND EXTERIOR OF ANY RESIDENTIAL
 BUILDING ON WHICH THE ORIGINAL CONSTRUCTION WAS COMPLETED PRIOR TO JANU-
 ARY FIRST, NINETEEN HUNDRED  SEVENTY-EIGHT,  AND  THE  EXTERIOR  OF  ANY
 NONRESIDENTIAL   STRUCTURE   ON  WHICH  THE  ORIGINAL  CONSTRUCTION  WAS
 COMPLETED PRIOR TO JANUARY FIRST,  NINETEEN  HUNDRED  SEVENTY-EIGHT,  BE
 MAINTAINED  IN  A  CONDITION SUCH THAT THE PAINT THEREON DOES NOT BECOME
 DETERIORATED PAINT, UNLESS THE DETERIORATED PAINT  SURFACES  COMPRISE  A
 MINIMAL SURFACE AREA.
   §  3.  Section  381  of  the  executive law is amended by adding a new
 subdivision 7 to read as follows:
   7. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  THE  SECRETARY  SHALL
 PROMULGATE  RULES  AND  REGULATIONS  WITH RESPECT TO AREAS DESIGNATED AS
 HIGH RISK BY THE COMMISSIONER OF HEALTH PURSUANT TO SUBDIVISION  ONE  OF
 SECTION THIRTEEN HUNDRED SEVENTY-THREE OF THE PUBLIC HEALTH LAW:
   A.  REQUIRING THAT LOCAL CODE ENFORCEMENT OFFICERS CONDUCT INSPECTIONS
 OF RESIDENTIAL RENTAL  PROPERTY  PERIODICALLY  AND  AT  SPECIFIED  TIMES
 INCLUDING,  BUT  NOT LIMITED TO, AS PART OF AN APPLICATION FOR A CERTIF-
 ICATE OF OCCUPANCY, A RENEWAL OF A CERTIFICATE OF  OCCUPANCY,  OR  BASED
 UPON  THE  FILING  OF  A  COMPLAINT. SUCH INSPECTIONS SHALL INCLUDE AT A
 MINIMUM A VISUAL ASSESSMENT FOR DETERIORATED PAINT AND BARE SOIL PRESENT
 WITHIN THE DRIPLINE OF THE BUILDING.
   B. ESTABLISHING REMEDIES FOR VIOLATIONS  OF  UNIFORM  CODE  PROVISIONS
 ADOPTED  PURSUANT  TO  SUBDIVISION  SEVENTEEN  OF  SECTION THREE HUNDRED
 SEVENTY-EIGHT OF THIS ARTICLE, WHICH SHALL INCLUDE AS APPROPRIATE:
   (I) CERTIFICATION BY A LEAD-BASED PAINT  INSPECTOR  OR  RISK  ASSESSOR
 THAT  THE  PROPERTY  HAS  BEEN  DETERMINED  THROUGH  A  LEAD-BASED PAINT
 INSPECTION CONDUCTED IN ACCORDANCE WITH APPROPRIATE FEDERAL  REGULATIONS
 NOT TO CONTAIN LEAD-BASED PAINT.
   (II)  CERTIFICATION  BY  A LEAD-BASED PAINT INSPECTOR OR RISK ASSESSOR
 THAT ALL CITED VIOLATIONS HAVE BEEN ABATED, OR INTERIM  CONTROLS  IMPLE-
 MENTED,  AND  CLEARANCE HAS BEEN ACHIEVED IN ACCORDANCE WITH THE UNIFORM
 CODE.
   (III) WHERE EXTERIOR DETERIORATED PAINT VIOLATIONS, INCLUDING  DETERI-
 ORATED  PAINT  VIOLATIONS  ON AN OPEN PORCH, AND/OR BARE SOIL VIOLATIONS
 ARE CITED, OR WHERE INTERIOR DETERIORATED PAINT VIOLATIONS ARE CITED  IN
 A  COMMON AREA, CLEARANCE MAY BE ESTABLISHED THROUGH A VISUAL ASSESSMENT
 BY A LOCAL CODE ENFORCEMENT OFFICER AFTER REDUCTION MEASURES  HAVE  BEEN
 IMPLEMENTED.
   C. ESTABLISHING STANDARDS FOR A CLEARANCE EXAMINATION AND REPORT.
   §  4. Paragraphs b and c of subdivision 1 of section 223-b of the real
 property law, as amended by chapter 584 of the laws of 1991, is  amended
 to read as follows:
   b.  Actions  taken  in  good  faith, by or in behalf of the tenant, to
 secure or enforce any rights under the lease or rental agreement,  under
 section  two  hundred  thirty-five-b of this chapter, or under any other
 law of the state of New York, or of its governmental subdivisions, or of
 the United States which has as its objective the regulation of  premises
 used  for  dwelling  purposes  or  which pertains to the offense of rent
 gouging in the third, second or first degree; [or]
   c. The tenant's participation in the activities of a  tenant's  organ-
 ization; OR
   D.  THE  TENANT'S  REPORTING OF A SUSPECTED LEAD-BASED PAINT HAZARD TO
 THE OWNER OR TO ANY STATE OR LOCAL AGENCY.

 S. 7507                            57                            A. 9507
 
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART S
 
   Section  1.  This Part enacts into law major components of legislation
 which are necessary to effectuate recommendations made as  part  of  the
 Regulatory  Modernization  Initiative  undertaken  by  the Department of
 Health. Each component is wholly contained within a  Subpart  identified
 as  Subparts  A  through  C.  The  effective  date  for  each particular
 provision contained within such Subpart is set forth in the last section
 of such Subpart.  Any  provision  in  any  section  contained  within  a
 Subpart,  including  the  effective  date  of the Subpart, 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 corre-
 sponding section of the Subpart in which it is found. Section  three  of
 this Part sets forth the general effective date of this Part.
 
                                 SUBPART A
 
   Section  1.  The  public health law is amended by adding a new section
 2805-z to read as follows:
   § 2805-Z. COMMUNITY PARAMEDICINE COLLABORATIVES. 1.  FOR  PURPOSES  OF
 THIS SECTION:
   (A)  A "COMMUNITY PARAMEDICINE COLLABORATIVE" SHALL MEAN AN INITIATIVE
 COMPRISED OF THE PARTICIPANTS SET  FORTH  IN  SUBDIVISION  TWO  OF  THIS
 SECTION  AND  ORGANIZED TO CARRY OUT A COMMUNITY PARAMEDICINE PROGRAM AS
 DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION.
   (B) A "COMMUNITY PARAMEDICINE PROGRAM" SHALL MEAN  A  PROGRAM  CARRIED
 OUT BY A COMMUNITY PARAMEDICINE COLLABORATIVE FOR THE PURPOSE OF ACHIEV-
 ING  OBJECTIVES IDENTIFIED BY THE COLLABORATIVE, PURSUANT TO WHICH INDI-
 VIDUALS WHO ARE CERTIFIED UNDER REGULATIONS ISSUED PURSUANT  TO  SECTION
 THREE  THOUSAND TWO OF THIS CHAPTER SHALL PERFORM COMMUNITY PARAMEDICINE
 SERVICES IN  RESIDENTIAL  SETTINGS  OTHER  THAN  THE  INITIAL  EMERGENCY
 MEDICAL  CARE  AND  TRANSPORTATION OF SICK AND INJURED PERSONS, PROVIDED
 THAT SUCH INDIVIDUALS ARE:
   (I) CERTIFIED PURSUANT TO ARTICLE THIRTY OF THIS CHAPTER;
   (II) EMPLOYEES OR VOLUNTEERS OF AN EMERGENCY MEDICAL SERVICES PROVIDER
 THAT PARTICIPATES IN THE COLLABORATIVE;
   (III) PROVIDING SERVICES THAT ARE WITHIN THEIR EDUCATION OR  TRAINING;
 AND
   (IV)  WORKING  UNDER MEDICAL CONTROL AS DEFINED BY SUBDIVISION FIFTEEN
 OF SECTION THREE THOUSAND ONE OF THIS TITLE.
   (C) "COMMUNITY PARAMEDICINE SERVICES" SHALL MEAN SERVICES PROVIDED  IN
 RESIDENTIAL  SETTINGS BY INDIVIDUALS WHO ARE CERTIFIED UNDER REGULATIONS
 ISSUED PURSUANT TO SECTION  THREE  THOUSAND  TWO  OF  THIS  CHAPTER  AND
 EMPLOYEES OR VOLUNTEERS OF AN EMERGENCY MEDICAL SERVICES PROVIDER, OTHER
 THAN  THE  INITIAL EMERGENCY MEDICAL CARE AND TRANSPORTATION OF SICK AND
 INJURED PERSONS.
   (D) AN "EMERGENCY MEDICAL SERVICES PROVIDER" SHALL MEAN  AN  AMBULANCE
 SERVICE  OR  AN  ADVANCED  LIFE  SUPPORT  FIRST RESPONSE SERVICE THAT IS
 CERTIFIED UNDER ARTICLE THIRTY OF THIS CHAPTER TO PROVIDE  AMBULANCE  OR
 ADVANCED LIFE SUPPORT FIRST RESPONSE SERVICES AND STAFFED BY INDIVIDUALS
 WHO  ARE  CERTIFIED  UNDER  REGULATIONS ISSUED PURSUANT TO SECTION THREE
 THOUSAND TWO OF THIS CHAPTER TO PROVIDE BASIC OR ADVANCED LIFE SUPPORT.

 S. 7507                            58                            A. 9507

   2. (A) AT A MINIMUM,  A  COMMUNITY  PARAMEDICINE  COLLABORATIVE  SHALL
 INCLUDE  THE  PARTICIPATION OF AT LEAST ONE HOSPITAL LICENSED UNDER THIS
 ARTICLE, AT LEAST ONE PHYSICIAN WHO MAY BUT  NEED  NOT  BE  EMPLOYED  OR
 OTHERWISE  AFFILIATED  WITH  A HOSPITAL PARTICIPATING IN SUCH COLLABORA-
 TIVE,  AT  LEAST  ONE  EMERGENCY  MEDICAL  SERVICES PROVIDER AND, IF THE
 COMMUNITY PARAMEDICINE SERVICES ARE TO BE PROVIDED IN  A  PRIVATE  RESI-
 DENCE,  AT  LEAST  ONE  HOME  CARE SERVICES AGENCY LICENSED OR CERTIFIED
 UNDER ARTICLE THIRTY-SIX OF THIS CHAPTER.
   (B) WHERE THE COLLABORATIVE'S OBJECTIVES INCLUDE A  FOCUS  ON  SERVING
 INDIVIDUALS  WITH  BEHAVIORAL  HEALTH CONDITIONS AND/OR INDIVIDUALS WITH
 DEVELOPMENTAL DISABILITIES, THE COLLABORATIVE SHALL INCLUDE THE  PARTIC-
 IPATION  OF  PROVIDERS OPERATED, LICENSED, OR CERTIFIED BY THE OFFICE OF
 MENTAL HEALTH, THE OFFICE OF ALCOHOLISM AND  SUBSTANCE  ABUSE  SERVICES,
 AND/OR  THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, AS APPRO-
 PRIATE.
   (C) SUCH COLLABORATIVE MAY ALSO INCLUDE ADDITIONAL  PARTICIPANTS  SUCH
 AS PAYORS AND LOCAL HEALTH DEPARTMENTS.
   3.  A  COMMUNITY  PARAMEDICINE COLLABORATIVE MAY ESTABLISH A COMMUNITY
 PARAMEDICINE PROGRAM TO PROVIDE COMMUNITY PARAMEDICINE SERVICES TO INDI-
 VIDUALS LIVING IN RESIDENTIAL SETTINGS  FOR  THE  PURPOSE  OF  ACHIEVING
 OBJECTIVES  IDENTIFIED BY THE COLLABORATIVE SUCH AS: PREVENTING EMERGEN-
 CIES, AVOIDABLE EMERGENCY ROOM VISITS, AVOIDABLE MEDICAL TRANSPORT,  AND
 POTENTIALLY  AVOIDABLE  HOSPITAL  ADMISSIONS AND READMISSIONS; IMPROVING
 OUTCOMES FOLLOWING DISCHARGE FROM A GENERAL HOSPITAL OR OTHER  INPATIENT
 ADMISSION;  AND/OR  PROMOTING  SELF-MANAGEMENT  OF  HEALTH OR BEHAVIORAL
 HEALTH CARE CONDITIONS.
   4. A COMMUNITY PARAMEDICINE COLLABORATIVE SHALL BE REQUIRED TO PROVIDE
 OR ARRANGE FOR APPROPRIATE ORIENTATION AND TRAINING  FOR  STAFF  PARTIC-
 IPATING IN THE COMMUNITY PARAMEDICINE PROGRAM. IN ALL CASES, SUCH ORIEN-
 TATION  AND  TRAINING SHALL ADDRESS THE ASSESSMENT OF THE NEEDS OF INDI-
 VIDUALS  WITH  BEHAVIORAL  HEALTH  CONDITIONS   AND   INDIVIDUALS   WITH
 DEVELOPMENTAL DISABILITIES.
   5. AN EMERGENCY MEDICAL SERVICES PROVIDER PARTICIPATING IN A COMMUNITY
 PARAMEDICINE  COLLABORATIVE  SHALL:  (A)  ENSURE  THAT  THE PROVISION OF
 COMMUNITY PARAMEDICINE SERVICES OCCURS  WITHIN  THE  PROVIDER'S  PRIMARY
 OPERATING  TERRITORY PURSUANT TO ARTICLE THIRTY OF THIS CHAPTER; AND (B)
 MAKE REASONABLE EFFORTS TO ENSURE THAT IT HAS SUFFICIENTLY  STAFFED  THE
 PROVISION  OF  INITIAL EMERGENCY MEDICAL CARE AND TRANSPORTATION OF SICK
 AND INJURED PERSONS BEFORE MAKING STAFF AVAILABLE TO  PROVIDE  COMMUNITY
 PARAMEDICINE SERVICES.
   6.  (A)  NO COMMUNITY PARAMEDICINE COLLABORATIVE SHALL BEGIN PROVIDING
 SERVICES UNDER A COMMUNITY PARAMEDICINE PROGRAM UNTIL  IT  HAS  NOTIFIED
 THE DEPARTMENT OF THE INITIATION OF SUCH COLLABORATIVE BY:
   (I) IDENTIFYING THE PARTICIPANTS OF THE COLLABORATIVE AND THE INDIVID-
 UAL WHO WILL SERVE AS THE POINT OF CONTACT;
   (II)  DESCRIBING  THE  GOALS  OF  THE  COLLABORATIVE IN CARRYING OUT A
 COMMUNITY PARAMEDICINE PROGRAM;
   (III) DESCRIBING THE POPULATION TO BE SERVED BY THE COMMUNITY PARAMED-
 ICINE PROGRAM AND THE GEOGRAPHIC AREA IN WHICH THE PROGRAM WILL FOCUS;
   (IV) IDENTIFYING THE SERVICES TO BE OFFERED UNDER THE COMMUNITY PARAM-
 EDICINE PROGRAM AND THE COLLABORATIVE  PARTICIPANTS  THAT  WILL  PROVIDE
 SUCH SERVICES;
   (V)  DESCRIBING  THE  COLLABORATIVE'S  PLAN  TO  ASSURE, TO THE EXTENT
 POSSIBLE, THAT CARE PROVIDED UNDER THE COMMUNITY PARAMEDICINE PROGRAM IS
 COORDINATED WITH OTHER PROVIDERS OF THE INDIVIDUALS SERVED;

 S. 7507                            59                            A. 9507
 
   (VI) DESCRIBING THE QUALITY ASSURANCE AND IMPROVEMENT PROCEDURES  THAT
 WILL BE USED BY THE COLLABORATIVE IN CARRYING OUT THE COMMUNITY PARAMED-
 ICINE PROGRAM; AND
   (VII) IDENTIFYING THE DATE OF THE ANTICIPATED START OF ACTIVITIES.
   (B) A COMMUNITY PARAMEDICINE COLLABORATIVE SHALL:
   (I)  PROMPTLY  UPDATE THE DEPARTMENT AS TO ANY CHANGES IN THE INFORMA-
 TION REQUIRED UNDER PARAGRAPH (A) OF THIS SUBDIVISION; AND
   (II) PROVIDE INFORMATION TO THE DEPARTMENT ABOUT  THE  COLLABORATIVE'S
 ACTIVITIES AND OUTCOMES AT A FREQUENCY AND IN A MANNER DETERMINED BY THE
 DEPARTMENT, WHICH AT A MINIMUM SHALL INCLUDE AN ANNUAL REPORT.
   7. NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT THE PERFORMANCE
 OF  ANY  TASKS  OR  RESPONSIBILITIES BY ANY PERSON LICENSED OR CERTIFIED
 UNDER THIS CHAPTER OR UNDER TITLE VIII OF THE EDUCATION LAW  OR  BY  ANY
 ENTITY  LICENSED  OR  CERTIFIED  UNDER  THIS ARTICLE OR UNDER THE MENTAL
 HYGIENE LAW, PROVIDED  SUCH  TASKS  OR  RESPONSIBILITIES  ARE  PERMITTED
 PURSUANT TO SUCH STATUTORY PROVISIONS.
   §  2.  Subdivision  15  of  section  3001 of the public health law, as
 amended by chapter 445 of the laws  of  1993,  is  amended  to  read  as
 follows:
   15.  "Medical  control"  means: (a) advice and direction provided by a
 physician or under the direction  of  a  physician  to  certified  first
 responders,  emergency medical technicians or advanced emergency medical
 technicians who are providing medical care at the scene of an  emergency
 or  en  route  to  a  health  care  facility; [and] (b) indirect medical
 control including the written policies, procedures,  and  protocols  for
 prehospital  emergency  medical care and transportation developed by the
 state emergency medical advisory committee, approved by the state  emer-
 gency  medical services council and the commissioner, and implemented by
 regional medical advisory committees; AND (C) IN A  COMMUNITY  PARAMEDI-
 CINE  PROGRAM  ESTABLISHED  BY  A  COMMUNITY  PARAMEDICINE COLLABORATIVE
 PURSUANT TO SECTION TWENTY-EIGHT HUNDRED FIVE-Z OF THIS CHAPTER,  ADVICE
 AND DIRECTION PROVIDED AND POLICIES, PROCEDURES, AND PROTOCOLS ISSUED BY
 A  PHYSICIAN WITHIN THE COLLABORATIVE WHO IS RESPONSIBLE FOR THE OVERALL
 CLINICAL SUPERVISION OF THE COMMUNITY PARAMEDICINE PROGRAM.
   § 3. The public health law is amended by adding a new  section  3001-a
 to read as follows:
   §  3001-A. COMMUNITY PARAMEDICINE SERVICES. NOTWITHSTANDING ANY INCON-
 SISTENT PROVISION OF THIS ARTICLE, AN INDIVIDUAL WHO IS CERTIFIED  UNDER
 REGULATIONS  ISSUED PURSUANT TO SECTION THREE THOUSAND TWO OF THIS ARTI-
 CLE TO PROVIDE BASIC OR ADVANCED LIFE SUPPORT MAY, IN THE COURSE OF  HIS
 OR  HER  WORK  AS AN EMPLOYEE OR VOLUNTEER OF AN AMBULANCE SERVICE OR AN
 ADVANCED LIFE SUPPORT FIRST RESPONSE SERVICE CERTIFIED UNDER THIS  ARTI-
 CLE,  ALSO  PARTICIPATE AS AN EMPLOYEE OR VOLUNTEER OF SUCH SERVICE IN A
 COMMUNITY PARAMEDICINE PROGRAM ESTABLISHED BY A  COMMUNITY  PARAMEDICINE
 COLLABORATIVE  PURSUANT  TO  SECTION TWENTY-EIGHT HUNDRED FIVE-Z OF THIS
 CHAPTER.
   § 4. Subdivision 2 of section 365-a of  the  social  services  law  is
 amended by adding a new paragraph (ff) to read as follows:
   (FF)  SUBJECT  TO THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION,
 COMMUNITY PARAMEDICINE SERVICES PROVIDED IN ACCORDANCE WITH THE REQUIRE-
 MENTS OF SECTION TWENTY-EIGHT HUNDRED FIVE-Z OF THE PUBLIC HEALTH LAW.
   § 5. This act shall take effect immediately.
 
                                 SUBPART B

 S. 7507                            60                            A. 9507
 
   Section 1. Subdivision 1 of section 2801 of the public health law,  as
 amended  by  chapter  397  of  the  laws  of 2016, is amended to read as
 follows:
   1.  "Hospital"  means a facility or institution engaged principally in
 providing services by or under the supervision of a physician or, in the
 case of a dental clinic or dental dispensary, of a dentist, or,  in  the
 case  of  a  midwifery  birth  center, of a midwife, for the prevention,
 diagnosis or treatment of human  disease,  pain,  injury,  deformity  or
 physical  condition,  including, but not limited to, a general hospital,
 public health center, diagnostic center, treatment center, dental  clin-
 ic,  dental dispensary, rehabilitation center other than a facility used
 solely for vocational rehabilitation, nursing home, tuberculosis  hospi-
 tal,  chronic  disease  hospital,  maternity  hospital,  midwifery birth
 center,  lying-in-asylum,  out-patient  department,  out-patient  lodge,
 dispensary  and  a laboratory or central service facility serving one or
 more such institutions, but the  term  hospital  shall  not  include  an
 institution, sanitarium or other facility engaged principally in provid-
 ing  services for the prevention, diagnosis or treatment of mental disa-
 bility and which is subject to the powers  of  visitation,  examination,
 inspection  and investigation of the department of mental hygiene except
 for those distinct parts of  such  a  facility  which  provide  hospital
 service. The provisions of this article shall not apply to a facility or
 institution  engaged  principally  in providing services by or under the
 supervision of the bona fide members and adherents of a recognized reli-
 gious organization whose teachings include reliance on  spiritual  means
 through prayer alone for healing in the practice of the religion of such
 organization  and  where  services are provided in accordance with those
 teachings. NO PROVISION OF THIS ARTICLE OR ANY OTHER  PROVISION  OF  LAW
 SHALL  BE  CONSTRUED  TO:  (A)  LIMIT  THE  VOLUME  OF  MENTAL HEALTH OR
 SUBSTANCE USE DISORDER SERVICES THAT CAN BE PROVIDED BY  A  PROVIDER  OF
 PRIMARY  CARE  SERVICES  LICENSED  UNDER  THIS ARTICLE AND AUTHORIZED TO
 PROVIDE INTEGRATED SERVICES IN ACCORDANCE WITH REGULATIONS ISSUED BY THE
 COMMISSIONER IN CONSULTATION WITH THE  COMMISSIONER  OF  THE  OFFICE  OF
 MENTAL  HEALTH  AND  THE  COMMISSIONER  OF  THE OFFICE OF ALCOHOLISM AND
 SUBSTANCE ABUSE  SERVICES,  INCLUDING  REGULATIONS  ISSUED  PURSUANT  TO
 SUBDIVISION  SEVEN  OF  SECTION THREE HUNDRED SIXTY-FIVE-L OF THE SOCIAL
 SERVICES LAW OR PART L OF CHAPTER FIFTY-SIX OF THE LAWS OF TWO  THOUSAND
 TWELVE;  (B)  REQUIRE A PROVIDER LICENSED PURSUANT TO ARTICLE THIRTY-ONE
 OF THE MENTAL HYGIENE LAW OR CERTIFIED PURSUANT TO ARTICLE THIRTY-TWO OF
 THE MENTAL HYGIENE LAW TO  OBTAIN  AN  OPERATING  CERTIFICATE  FROM  THE
 DEPARTMENT  IF  SUCH  PROVIDER HAS BEEN AUTHORIZED TO PROVIDE INTEGRATED
 SERVICES IN ACCORDANCE WITH REGULATIONS ISSUED BY  THE  COMMISSIONER  IN
 CONSULTATION  WITH  THE  COMMISSIONER OF THE OFFICE OF MENTAL HEALTH AND
 THE COMMISSIONER  OF  THE  OFFICE  OF  ALCOHOLISM  AND  SUBSTANCE  ABUSE
 SERVICES,  INCLUDING REGULATIONS ISSUED PURSUANT TO SUBDIVISION SEVEN OF
 SECTION THREE HUNDRED SIXTY-FIVE-L OF THE SOCIAL SERVICES LAW OR PART  L
 OF CHAPTER FIFTY-SIX OF THE LAWS OF TWO THOUSAND TWELVE.
   §  2.  Section  31.02 of the mental hygiene law is amended by adding a
 new subdivision (f) to read as follows:
   (F) NO PROVISION OF THIS ARTICLE OR ANY OTHER PROVISION OF  LAW  SHALL
 BE  CONSTRUED TO REQUIRE A PROVIDER LICENSED PURSUANT TO ARTICLE TWENTY-
 EIGHT OF THE PUBLIC HEALTH LAW OR CERTIFIED PURSUANT TO ARTICLE  THIRTY-
 TWO  OF  THIS CHAPTER TO OBTAIN AN OPERATING CERTIFICATE FROM THE OFFICE
 OF MENTAL HEALTH IF SUCH PROVIDER HAS BEEN AUTHORIZED TO  PROVIDE  INTE-
 GRATED SERVICES IN ACCORDANCE WITH REGULATIONS ISSUED BY THE COMMISSION-
 ER  OF THE OFFICE OF MENTAL HEALTH IN CONSULTATION WITH THE COMMISSIONER

 S. 7507                            61                            A. 9507

 OF THE DEPARTMENT OF HEALTH AND THE COMMISSIONER OF THE OFFICE OF  ALCO-
 HOLISM AND SUBSTANCE ABUSE SERVICES, INCLUDING REGULATIONS ISSUED PURSU-
 ANT  TO  SUBDIVISION  SEVEN OF SECTION THREE HUNDRED SIXTY-FIVE-L OF THE
 SOCIAL  SERVICES  LAW  OR PART L OF CHAPTER FIFTY-SIX OF THE LAWS OF TWO
 THOUSAND TWELVE.
   § 3. Subdivision (b) of section 32.05 of the mental  hygiene  law,  as
 amended  by  chapter  204  of  the  laws  of 2007, is amended to read as
 follows:
   (b) (I) Methadone, or such other controlled  substance  designated  by
 the  commissioner of health as appropriate for such use, may be adminis-
 tered to an addict, as defined in section thirty-three  hundred  two  of
 the  public  health  law, by individual physicians, groups of physicians
 and public or private medical facilities certified pursuant  to  article
 twenty-eight or thirty-three of the public health law as part of a chem-
 ical  dependence  program which has been issued an operating certificate
 by the commissioner pursuant to subdivision (b) of section 32.09 of this
 article, provided, however, that such administration  must  be  done  in
 accordance  with  all applicable federal and state laws and regulations.
 Individual physicians or groups of physicians who have obtained authori-
 zation from  the  federal  government  to  administer  buprenorphine  to
 addicts  may  do  so without obtaining an operating certificate from the
 commissioner. (II) NO PROVISION OF THIS ARTICLE OR ANY  OTHER  PROVISION
 OF  LAW  SHALL  BE  CONSTRUED TO REQUIRE A PROVIDER LICENSED PURSUANT TO
 ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW OR ARTICLE  THIRTY-ONE  OF
 THIS CHAPTER TO OBTAIN AN OPERATING CERTIFICATE FROM THE OFFICE OF ALCO-
 HOLISM AND SUBSTANCE ABUSE SERVICES IF SUCH PROVIDER HAS BEEN AUTHORIZED
 TO  PROVIDE INTEGRATED SERVICES IN ACCORDANCE WITH REGULATIONS ISSUED BY
 THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES IN CONSULTA-
 TION WITH THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND  THE  COMMIS-
 SIONER  OF  THE  OFFICE  OF  MENTAL HEALTH, INCLUDING REGULATIONS ISSUED
 PURSUANT TO SUBDIVISION SEVEN OF SECTION THREE HUNDRED  SIXTY-FIVE-L  OF
 THE  SOCIAL  SERVICES  LAW OR PART L OF CHAPTER FIFTY-SIX OF THE LAWS OF
 TWO THOUSAND TWELVE.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that the commissioner  of
 the  department  of  health,  the  commissioner  of the office of mental
 health, and the commissioner of the office of alcoholism  and  substance
 abuse  services are authorized to issue any rule or regulation necessary
 for the implementation of this act on or before its effective date.
 
                                 SUBPART C
 
   Section 1. Paragraphs (s) and (t) of subdivision 2 of section  2999-cc
 of the public health law, as amended by chapter 454 of the laws of 2015,
 are amended and a new paragraph (u) is added to read as follows:
   (s) a hospice as defined in article forty of this chapter; [and]
   (t)  CREDENTIALED  ALCOHOLISM  AND  SUBSTANCE ABUSE COUNSELORS CREDEN-
 TIALED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES OR BY  A
 CREDENTIALING  ENTITY  APPROVED BY SUCH OFFICE PURSUANT TO SECTION 19.07
 OF THE MENTAL HYGIENE LAW;
   (U) PROVIDERS AUTHORIZED TO PROVIDE SERVICES AND SERVICE  COORDINATION
 UNDER  THE EARLY INTERVENTION PROGRAM PURSUANT TO ARTICLE TWENTY-FIVE OF
 THIS CHAPTER; AND
   (V) any other provider as determined by the commissioner  pursuant  to
 regulation OR, IN CONSULTATION WITH THE COMMISSIONER, BY THE COMMISSION-
 ER  OF  THE  OFFICE  OF MENTAL HEALTH, THE COMMISSIONER OF THE OFFICE OF

 S. 7507                            62                            A. 9507
 
 ALCOHOLISM AND SUBSTANCE ABUSE SERVICES,  OR  THE  COMMISSIONER  OF  THE
 OFFICE   FOR   PEOPLE   WITH   DEVELOPMENTAL  DISABILITIES  PURSUANT  TO
 REGULATION.
   §  2.  Subdivision  3  of section 2999-cc of the public health law, as
 separately amended by chapters 238 and 285  of  the  laws  of  2017,  is
 amended to read as follows:
   3.  "Originating  site"  means a site at which a patient is located at
 the time health care services are delivered to him or her  by  means  of
 telehealth.  Originating  sites  shall  be  limited  to  (A)  facilities
 licensed under articles twenty-eight and forty of this  chapter[,];  (B)
 facilities  as  defined in subdivision six of section 1.03 of the mental
 hygiene law[,]; (C) private physician's  or  dentist's  offices  located
 within  the  state  of  New York[,]; (D) any type of adult care facility
 licensed under title two of article seven of the social services law[,];
 (E) public, private and charter elementary and secondary schools, school
 age child care programs, and child day care centers within the state  of
 New  York;  and[,  when  a  patient is receiving health care services by
 means of remote patient monitoring,] (F) the patient's  place  of  resi-
 dence  located  within the state of New York or other temporary location
 located within or outside the state of New York; SUBJECT  TO  REGULATION
 ISSUED  BY  THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, THE COMMIS-
 SIONER OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, AND THE
 COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
   § 3. Subdivision 7 of section 2999-cc of the  public  health  law,  as
 added by chapter 6 of the laws of 2015, is amended to read as follows:
   7.  "Remote  patient monitoring" means the use of synchronous or asyn-
 chronous  electronic  information  and  communication  technologies   to
 collect  personal  health information and medical data from a patient at
 an originating site that is transmitted to a telehealth  provider  at  a
 distant  site  for use in the treatment and management of medical condi-
 tions that require frequent monitoring.  SUCH TECHNOLOGIES  MAY  INCLUDE
 ADDITIONAL  INTERACTION  TRIGGERED  BY  PREVIOUS  TRANSMISSIONS, SUCH AS
 INTERACTIVE QUERIES CONDUCTED THROUGH COMMUNICATION TECHNOLOGIES  OR  BY
 TELEPHONE. Such conditions shall include, but not be limited to, conges-
 tive  heart  failure,  diabetes,  chronic obstructive pulmonary disease,
 wound care, polypharmacy, mental or behavioral problems,  and  technolo-
 gy-dependent  care  such  as  continuous  oxygen, ventilator care, total
 parenteral nutrition or enteral  feeding.    Remote  patient  monitoring
 shall be ordered by a physician licensed pursuant to article one hundred
 thirty-one  of the education law, a nurse practitioner licensed pursuant
 to article one hundred thirty-nine of the education law,  or  a  midwife
 licensed  pursuant  to  article  one hundred forty of the education law,
 with which the patient has a substantial and ongoing relationship.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law;  provided,  however,  that the commissioner of the
 department of health, the commissioner of the office of  mental  health,
 the  commissioner  of  the  office  of  alcoholism  and  substance abuse
 services, and the commissioner of the office for  people  with  develop-
 mental  disabilities  are  authorized  to  issue  any rule or regulation
 necessary for the implementation of this act on or before its  effective
 date.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or subpart 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

 S. 7507                            63                            A. 9507
 
 or  subpart  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.
   §  3.  This act shall take effect immediately; provided, however, that
 the applicable effective date of Subparts A through C of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART T
 
   Section  1.   Subdivision (a) of section 31 of part B of chapter 59 of
 the laws of 2016, amending the social services law relating to authoriz-
 ing the commissioner of health to apply federally  established  consumer
 price index penalties for generic drugs, and authorizing the commission-
 er  of  health  to  impose penalties on managed care plans for reporting
 late or incorrect encounter data, is amended to read as follows:
   (a) section eleven of this act shall expire  and  be  deemed  repealed
 March 31, [2018] 2023;
   § 2. Subdivision 6-a of section 93 of part C of chapter 58 of the laws
 of  2007,  amending  the  social services law and other laws relating to
 adjustments of rates, as amended by section 20 of part B of  chapter  56
 of the laws of 2013, is amended to read as follows:
   6-a.  section  fifty-seven  of  this  act  shall  expire and be deemed
 repealed on [December 31, 2018] MARCH 31, 2023; provided that the amend-
 ments made by such section to subdivision 4  of  section  366-c  of  the
 social  services law shall apply with respect to determining initial and
 continuing eligibility for medical assistance, including  the  continued
 eligibility  of  recipients  originally determined eligible prior to the
 effective date of this act, and provided further  that  such  amendments
 shall  not apply to any person or group of persons if it is subsequently
 determined by the Centers for Medicare and Medicaid  services  or  by  a
 court  of  competent  jurisdiction  that medical assistance with federal
 financial participation is available for the costs of services  provided
 to  such  person  or  persons  under  the provisions of subdivision 4 of
 section 366-c of the social services law in effect immediately prior  to
 the effective date of this act.
   §  3. Section 2 of part II of chapter 54 of the laws of 2016, amending
 part C of chapter 58 of the laws of 2005 authorizing reimbursements  for
 expenditures  made  by  or  on  behalf  of social services districts for
 medical assistance for needy  persons  and  administration  thereof,  is
 amended to read as follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed [two years after it shall have become a law]  MARCH  31,
 2023.
   § 4. Section 3 of chapter 906 of the laws of 1984, amending the social
 services  law  relating  to expanding medical assistance eligibility and
 the scope of services available to certain persons with disabilities, as
 amended by section 25-a of part B of chapter 56 of the laws of 2013,  is
 amended to read as follows:
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall be of no  further  force  and  effect  after
 [December 31, 2018] MARCH 31, 2023, at which time the provisions of this
 act shall be deemed to be repealed.
   § 5. Section 4-a of part A of chapter 56 of the laws of 2013, amending
 chapter  59 of the laws of 2011 amending the public health law and other
 laws relating to general hospital reimbursement for annual rates  relat-

 S. 7507                            64                            A. 9507
 
 ing  to  the cap on local Medicaid expenditures, as amended by section 9
 of part I of chapter 57 of the laws of  2017,  is  amended  to  read  as
 follows:
   §  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, [2019] 2017 through March 31, 2019, for inpa-
 tient and outpatient services provided by general hospitals,  for  inpa-
 tient services and adult day health care outpatient services provided by
 residential  health care facilities pursuant to article 28 of the public
 health law, except for residential health care facilities  or  units  of
 such  facilities  providing services primarily to children under twenty-
 one years of age, for home health care  services  provided  pursuant  to
 article  36  of the public health law by certified home health agencies,
 long term home health care programs and AIDS home care programs, and for
 personal care services provided pursuant to section 365-a of the  social
 services  law,  the  commissioner  of health shall apply no greater than
 zero trend factors attributable to the 2017,  2018,  AND  2019  calendar
 [year]  YEARS  in  accordance  with  paragraph  (c) of subdivision 10 of
 section 2807-c of the public health law, provided, however, that such no
 greater than zero trend factors attributable to  such  2017,  2018,  AND
 2019  calendar  [year]  YEARS  shall also be applied to rates of payment
 provided on and after January 1, [2019] 2017 through March 31, 2019  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 pursu-
 ant to a rate-setting exemption issued by the commissioner of health  to
 such local social services districts in accordance with applicable regu-
 lations[,]; and provided further, however, that for rates of payment for
 assisted living program services provided on and after January 1, [2019]
 2017  through  March  31,  2019,  such trend factors attributable to the
 2017, 2018, AND 2019 calendar [year] YEARS shall be  established  at  no
 greater than zero percent.
   § 6. This act shall take effect immediately.
 
                                  PART U
 
   Section  1.  Section  2  of part NN of chapter 58 of the laws of 2015,
 amending the mental hygiene law relating to clarifying the authority  of
 the  commissioners  in  the  department  of mental hygiene to design and
 implement time-limited demonstration programs, is  amended  to  read  as
 follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed March 31, [2018] 2021.
   § 2. This act shall take effect immediately.
 
                                  PART V

   Section 1. Section 7 of part R2 of chapter 62 of  the  laws  of  2003,
 amending  the  mental  hygiene law and the state finance law relating to
 the community mental health support and workforce reinvestment  program,
 the  membership of subcommittees for mental health of community services
 boards and the duties of such subcommittees and creating  the  community
 mental  health and workforce reinvestment account, as amended by section

 S. 7507                            65                            A. 9507
 
 3 of part G of chapter 60 of the laws of 2014, is  amended  to  read  as
 follows:
   § 7. This act shall take effect immediately and shall expire March 31,
 [2018]  2021  when  upon  such  date the provisions of this act shall be
 deemed repealed.
   § 2. This act shall take effect immediately.

                                  PART W
 
   Section 1. Subdivision 9 of section 730.10 of the  criminal  procedure
 law,  as added by section 1 of part Q of chapter 56 of the laws of 2012,
 is amended to read as follows:
   9. "Appropriate institution" means: (a) a  hospital  operated  by  the
 office of mental health or a developmental center operated by the office
 for people with developmental disabilities; [or] (b) a hospital licensed
 by  the  department of health which operates a psychiatric unit licensed
 by the office of  mental  health,  as  determined  by  the  commissioner
 provided,  however,  that  any such hospital that is not operated by the
 state shall qualify as an "appropriate institution" only pursuant to the
 terms of an agreement between the commissioner and the hospital ; OR (C)
 A MENTAL HEALTH UNIT OPERATING WITHIN A CORRECTIONAL FACILITY  OR  LOCAL
 CORRECTIONAL  FACILITY;  PROVIDED  HOWEVER,  THAT ANY SUCH MENTAL HEALTH
 UNIT OPERATING WITHIN A LOCAL CORRECTIONAL FACILITY SHALL QUALIFY AS  AN
 "APPROPRIATE  INSTITUTION"  ONLY  PURSUANT  TO THE TERMS OF AN AGREEMENT
 BETWEEN  THE  COMMISSIONER  OF  MENTAL  HEALTH,  DIRECTOR  OF  COMMUNITY
 SERVICES  AND  THE  SHERIFF  FOR  THE  RESPECTIVE LOCALITY, AND ANY SUCH
 MENTAL HEALTH UNIT OPERATING WITHIN A CORRECTIONAL FACILITY SHALL QUALI-
 FY AS AN "APPROPRIATE INSTITUTION" ONLY PURSUANT  TO  THE  TERMS  OF  AN
 AGREEMENT BETWEEN THE COMMISSIONER OF MENTAL HEALTH AND THE COMMISSIONER
 OF  CORRECTIONS AND COMMUNITY SUPERVISION. Nothing in this article shall
 be construed as requiring a hospital,  CORRECTIONAL  FACILITY  OR  LOCAL
 CORRECTIONAL  FACILITY  to consent to providing care and treatment to an
 incapacitated person at such hospital, CORRECTIONAL  FACILITY  OR  LOCAL
 CORRECTIONAL  FACILITY.  IN  A  CITY  WITH A POPULATION OF MORE THAN ONE
 MILLION, ANY SUCH UNIT SHALL BE LIMITED TO TWENTY-FIVE BEDS. THE COMMIS-
 SIONER OF MENTAL HEALTH SHALL PROMULGATE REGULATIONS  FOR  DEMONSTRATION
 PROGRAMS  TO  IMPLEMENT  RESTORATION TO COMPETENCY WITHIN A CORRECTIONAL
 FACILITY OR LOCAL CORRECTIONAL FACILITY.  SUBJECT  TO  ANNUAL  APPROPRI-
 ATION,  THE  COMMISSIONER  OF  MENTAL HEALTH MAY, AT SUCH COMMISSIONER'S
 DISCRETION, MAKE FUNDS AVAILABLE FOR STATE AID GRANTS TO ANY COUNTY THAT
 DEVELOPS AND OPERATES A MENTAL HEALTH UNIT WITHIN A  LOCAL  CORRECTIONAL
 FACILITY  PURSUANT  TO  THIS  SECTION.  NOTHING IN THIS ARTICLE SHALL BE
 CONSTRUED AS  REQUIRING  A  HOSPITAL,  CORRECTIONAL  FACILITY  OR  LOCAL
 CORRECTIONAL  FACILITY  TO CONSENT TO PROVIDING CARE AND TREATMENT TO AN
 INCAPACITATED PERSON AT SUCH HOSPITAL, CORRECTIONAL  FACILITY  OR  LOCAL
 CORRECTIONAL FACILITY.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2018; provided,
 however, this act shall expire and be deemed repealed March 31, 2023.
 
                                  PART X
 
   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

 S. 7507                            66                            A. 9507
 
 section  1  of  part LL of chapter 58 of the laws of 2015, is amended to
 read as follows:
   §  3.  This act shall take effect immediately; and shall expire and be
 deemed repealed June 30, [2018] 2021.
   § 2. This act shall take effect immediately.
 
                                  PART Y
 
   Section 1. Subdivision 10 of section 7605 of  the  education  law,  as
 added  by  section  4  of  part AA of chapter 57 of the laws of 2013, is
 amended and a new subdivision 12 is added to read as follows:
   10. (A) A person without a license from: performing  assessments  such
 as  basic  information  collection,  gathering  of demographic data, and
 informal observations, screening and referral used for general eligibil-
 ity for a program or service and determining the functional status of an
 individual for the purpose of determining need for  services  [unrelated
 to  a  behavioral  health  diagnosis or treatment plan.   Such licensure
 shall not be required to create, develop or  implement  a  service  plan
 unrelated  to  a  behavioral  health diagnosis or treatment plan]; COUN-
 SELING INDIVIDUALS REGARDING THE APPROPRIATENESS OF  BENEFITS  THEY  ARE
 ELIGIBLE FOR; PROVIDING GENERAL COUNSELING THAT IS NOT PSYCHOTHERAPY AND
 ASSISTING  INDIVIDUALS OR GROUPS WITH DIFFICULT DAY TO DAY PROBLEMS SUCH
 AS FINDING EMPLOYMENT, LOCATING SOURCES OF  ASSISTANCE,  AND  ORGANIZING
 COMMUNITY GROUPS TO WORK ON A SPECIFIC PROBLEM; PROVIDING PEER SERVICES;
 OR  TO  SELECT  FOR  SUITABILITY  AND  PROVIDE SUBSTANCE ABUSE TREATMENT
 SERVICES OR GROUP RE-ENTRY SERVICES TO INCARCERATED INDIVIDUALS IN STATE
 CORRECTIONAL FACILITIES.
   (B) A PERSON WITHOUT A LICENSE FROM CREATING, DEVELOPING OR IMPLEMENT-
 ING A SERVICE PLAN OR RECOVERY PLAN THAT  IS  NOT  A  BEHAVIORAL  HEALTH
 DIAGNOSIS  OR  TREATMENT  PLAN.  Such  service  OR  RECOVERY plans shall
 include, but are not limited to, COORDINATING, EVALUATING OR DETERMINING
 THE NEED FOR, OR THE PROVISION OF THE FOLLOWING SERVICES:  job  training
 and  employability[,];  housing[,];  HOMELESS  SERVICES AND SHELTERS FOR
 HOMELESS INDIVIDUALS AND FAMILIES; REFUGEE SERVICES; RESIDENTIAL, DAY OR
 COMMUNITY HABILITATION SERVICES; general public assistance[,];  in  home
 services and supports or home-delivered meals[, investigations conducted
 or  assessments  made  by]; RECOVERY SUPPORTS; adult or child protective
 services INCLUDING INVESTIGATIONS; DETENTION AS DEFINED IN SECTION  FIVE
 HUNDRED  TWO  OF  THE EXECUTIVE LAW; PREVENTION AND RESIDENTIAL SERVICES
 FOR VICTIMS OF DOMESTIC VIOLENCE;  SERVICES  FOR  RUNAWAY  AND  HOMELESS
 YOUTH; FOSTER CARE, ADOPTION, PREVENTIVE SERVICES OR SERVICES IN ACCORD-
 ANCE  WITH AN APPROVED PLAN PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE
 SOCIAL SERVICES LAW, INCLUDING, adoption AND  FOSTER  home  studies  and
 assessments,  family  service  plans, transition plans [and], permanency
 planning activities, AND CASE PLANNING OR CASE MANAGEMENT AS SUCH  TERMS
 ARE  DEFINED  IN PART FOUR HUNDRED TWENTY-EIGHT OF TITLE EIGHTEEN OF THE
 NEW YORK CODES, RULES AND REGULATIONS; RESIDENTIAL REHABILITATION;  HOME
 AND   COMMUNITY  BASED  SERVICES;  AND  de-escalation  techniques,  peer
 services or skill development. [A license under this article  shall  not
 be required for persons to participate]
   (C)(I)  A PERSON WITHOUT A LICENSE FROM PARTICIPATING as a member of a
 multi-disciplinary team to DEVELOP OR  implement  a  [behavioral  health
 services  or]  treatment  plan; provided [however,] that such team shall
 include one or more professionals licensed under this article  or  arti-
 cles  one  hundred  thirty-one,  ONE  HUNDRED  THIRTY-NINE,  one hundred
 fifty-four or one hundred sixty-three of this chapter WHO MUST  DIRECTLY

 S. 7507                            67                            A. 9507
 
 OBSERVE  EACH  PATIENT EITHER IN PERSON OR BY ELECTRONIC MEANS, PRIOR TO
 THE RENDERING OF A DIAGNOSIS; and provided, further, that the activities
 performed by members of the team shall be consistent with the  scope  of
 practice for each team member licensed or authorized under title VIII of
 this  chapter, and those who are not so authorized may not INDEPENDENTLY
 engage in the following restricted practices, BUT  MAY  ASSIST  LICENSED
 PROFESSIONALS  OR MULTI-DISCIPLINARY TEAM MEMBERS WITH: the diagnosis of
 mental, emotional, behavioral, addictive and developmental disorders and
 disabilities;  patient  assessment  and  evaluating;  the  provision  of
 psychotherapeutic  treatment;  the  provision  of  treatment  other than
 psychotherapeutic treatment; [and/or] OR the development and implementa-
 tion of assessment-based treatment plans as defined in section  seventy-
 seven hundred one of this [chapter] TITLE.
   (II) AS USED IN THIS SUBDIVISION, A TREATMENT PLAN SHALL BE LIMITED TO
 PLANS  FOR  TREATMENT  WITHIN  THE  FOLLOWING  SETTINGS:   FACILITIES OR
 PROGRAMS OPERATING PURSUANT TO ARTICLE NINETEEN-G OF THE  EXECUTIVE  LAW
 OR PURSUANT TO ARTICLES SEVEN, SIXTEEN, THIRTY-ONE AND THIRTY-TWO OF THE
 MENTAL HYGIENE LAW.
   (III) AS USED IN THIS SUBDIVISION, THE TERM "ASSIST" SHALL INCLUDE THE
 PROVISION  OF  SERVICES  WITHIN  THE  PRACTICE  OF PSYCHOLOGY, UNDER THE
 SUPERVISION OF A PERSON LICENSED UNDER THIS ARTICLE.
   (D) Provided, further, that  nothing  in  this  subdivision  shall  be
 construed as requiring a license for any particular activity or function
 based  solely on the fact that the activity or function is not listed in
 this subdivision.
   12. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  NOTH-
 ING  IN  THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT OR LIMIT THE ACTIV-
 ITIES OR SERVICES  PROVIDED  BY  ANY  PERSON  WHO  IS  EMPLOYED  OR  WHO
 COMMENCES  EMPLOYMENT IN A PROGRAM OR SERVICE OPERATED, REGULATED, FUND-
 ED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES, THE DEPARTMENT OF  CORRECTIONS  AND  COMMUNITY
 SUPERVISION,  THE  OFFICE  OF  TEMPORARY  AND DISABILITY ASSISTANCE, THE
 STATE OFFICE FOR THE AGING AND THE  DEPARTMENT  OF  HEALTH  OR  A  LOCAL
 GOVERNMENTAL UNIT AS THAT TERM IS DEFINED IN SECTION 41.03 OF THE MENTAL
 HYGIENE  LAW  OR A SOCIAL SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-
 ONE OF THE SOCIAL SERVICES LAW ON OR BEFORE  JULY  FIRST,  TWO  THOUSAND
 TWENTY.  PROVIDED,  HOWEVER, THAT ANY PERSON WHO COMMENCES EMPLOYMENT IN
 SUCH PROGRAM OR SERVICE  AFTER  JULY  FIRST,  TWO  THOUSAND  TWENTY  AND
 PERFORMS SERVICES THAT ARE RESTRICTED UNDER THIS ARTICLE SHALL BE APPRO-
 PRIATELY LICENSED OR AUTHORIZED UNDER THIS ARTICLE.
   §  2.  Paragraph (f) of subdivision 1 of section 7702 of the education
 law, as amended by chapter 230 of the laws of 2004, is amended and a new
 paragraph (m) is added to read as follows:
   (f) [Assist] GENERAL COUNSELING THAT IS NOT PSYCHOTHERAPY, AND ASSIST-
 ING individuals or groups with difficult day to  day  problems  such  as
 finding  employment,  locating  sources  of  assistance,  and organizing
 community groups to work on a specific problem.
   (M) PROVIDE PEER SERVICES.
   § 3. Subdivision 7 of section 7706 of the education law, as  added  by
 section 5 of part AA of chapter 57 of the laws of 2013, is amended and a
 new subdivision 8 is added to read as follows:
   7. (A) Prevent a person without a license from: performing assessments
 such as basic information collection, gathering of demographic data, and
 informal observations, screening and referral used for general eligibil-
 ity for a program or service and determining the functional status of an
 individual  for  the purpose of determining need for services [unrelated

 S. 7507                            68                            A. 9507

 to a behavioral health diagnosis or treatment plan. Such licensure shall
 not be required to create, develop or implement a service plan unrelated
 to a behavioral health diagnosis or treatment plan]; COUNSELING INDIVID-
 UALS  REGARDING  THE  APPROPRIATENESS OF BENEFITS THEY ARE ELIGIBLE FOR;
 PROVIDING GENERAL COUNSELING THAT IS  NOT  PSYCHOTHERAPY  AND  ASSISTING
 INDIVIDUALS OR GROUPS WITH DIFFICULT DAY TO DAY PROBLEMS SUCH AS FINDING
 EMPLOYMENT,  LOCATING  SOURCES  OF  ASSISTANCE, AND ORGANIZING COMMUNITY
 GROUPS TO WORK ON A SPECIFIC PROBLEM; PROVIDING  PEER  SERVICES;  OR  TO
 SELECT FOR SUITABILITY AND PROVIDE SUBSTANCE ABUSE TREATMENT SERVICES OR
 GROUP RE-ENTRY SERVICES TO INCARCERATED INDIVIDUALS IN STATE CORRECTION-
 AL FACILITIES.
   (B)  PREVENT  A  PERSON WITHOUT A LICENSE FROM CREATING, DEVELOPING OR
 IMPLEMENTING A SERVICE PLAN OR RECOVERY PLAN THAT IS  NOT  A  BEHAVIORAL
 HEALTH DIAGNOSIS OR TREATMENT PLAN. Such service OR RECOVERY plans shall
 include, but are not limited to, COORDINATING, EVALUATING OR DETERMINING
 THE  NEED  FOR, OR THE PROVISION OF THE FOLLOWING SERVICES: job training
 and employability[,]; housing[,]; HOMELESS  SERVICES  AND  SHELTERS  FOR
 HOMELESS INDIVIDUALS AND FAMILIES; REFUGEE SERVICES; RESIDENTIAL, DAY OR
 COMMUNITY  HABILITATION  SERVICES; general public assistance[,]; in home
 services and supports or home-delivered meals[, investigations conducted
 or assessments made by]; RECOVERY SUPPORTS; adult  or  child  protective
 services  INCLUDING INVESTIGATIONS; DETENTION AS DEFINED IN SECTION FIVE
 HUNDRED TWO OF THE EXECUTIVE LAW; PREVENTION  AND  RESIDENTIAL  SERVICES
 FOR  VICTIMS  OF  DOMESTIC  VIOLENCE;  SERVICES FOR RUNAWAY AND HOMELESS
 YOUTH; FOSTER CARE, ADOPTION, PREVENTIVE SERVICES OR SERVICES IN ACCORD-
 ANCE WITH AN APPROVED PLAN PURSUANT TO SECTION FOUR HUNDRED FOUR OF  THE
 SOCIAL  SERVICES  LAW,  INCLUDING,  adoption AND FOSTER home studies and
 assessments, family service plans, transition  plans  [and],  permanency
 planning  activities, AND CASE PLANNING OR CASE MANAGEMENT AS SUCH TERMS
 ARE DEFINED IN PART FOUR HUNDRED TWENTY-EIGHT OF TITLE EIGHTEEN  OF  THE
 NEW  YORK CODES, RULES AND REGULATIONS; RESIDENTIAL REHABILITATION; HOME
 AND  COMMUNITY  BASED  SERVICES;  AND  de-escalation  techniques,   peer
 services  or  skill development. [A license under this article shall not
 be required for persons to participate]
   (C)(I) PREVENT A PERSON WITHOUT A  LICENSE  FROM  PARTICIPATING  as  a
 member  of  a  multi-disciplinary team to DEVELOP OR implement a [behav-
 ioral health services or] treatment plan; provided [however,] that  such
 team shall include one or more professionals licensed under this article
 or articles one hundred thirty-one, ONE HUNDRED THIRTY-NINE, one hundred
 fifty-three or one hundred sixty-three of this chapter WHO MUST DIRECTLY
 OBSERVE  EACH  PATIENT EITHER IN PERSON OR BY ELECTRONIC MEANS, PRIOR TO
 THE RENDERING OF A DIAGNOSIS; and provided, further, that the activities
 performed by members of the team shall be consistent with the  scope  of
 practice for each team member licensed or authorized under title VIII of
 this  chapter, and those who are not so authorized may not INDEPENDENTLY
 engage in the following restricted practices, BUT  MAY  ASSIST  LICENSED
 PROFESSIONALS OR MULTI-DISCIPLINARY TEAM MEMBERS WITH:  the diagnosis of
 mental, emotional, behavioral, addictive and developmental disorders and
 disabilities;  patient  assessment  and  evaluating;  the  provision  of
 psychotherapeutic treatment;  the  provision  of  treatment  other  than
 psychotherapeutic treatment; [and/or] OR the development and implementa-
 tion  of assessment-based treatment plans as defined in section seventy-
 seven hundred one of this article.
   (II) AS USED IN THIS SUBDIVISION, A TREATMENT PLAN SHALL BE LIMITED TO
 PLANS  FOR  TREATMENT  WITHIN  THE  FOLLOWING  SETTINGS:  FACILITIES  OR
 PROGRAMS  OPERATING  PURSUANT TO ARTICLE NINETEEN-G OF THE EXECUTIVE LAW

 S. 7507                            69                            A. 9507
 
 OR PURSUANT TO ARTICLES SEVEN, SIXTEEN, THIRTY-ONE AND THIRTY-TWO OF THE
 MENTAL HYGIENE LAW.
   (III) AS USED IN THIS SUBDIVISION, THE TERM "ASSIST" SHALL INCLUDE THE
 PROVISION OF SERVICES WITHIN THE PRACTICE OF MASTER SOCIAL WORK OR CLIN-
 ICAL  SOCIAL WORK, UNDER THE SUPERVISION OF A PERSON LICENSED UNDER THIS
 ARTICLE.
   (D) Provided, further, that  nothing  in  this  subdivision  shall  be
 construed as requiring a license for any particular activity or function
 based  solely on the fact that the activity or function is not listed in
 this subdivision.
   8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NOTHING
 IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT OR LIMIT  THE  ACTIVITIES
 OR  SERVICES  PROVIDED  BY  ANY  PERSON WHO IS EMPLOYED OR WHO COMMENCES
 EMPLOYMENT IN A PROGRAM  OR  SERVICE  OPERATED,  REGULATED,  FUNDED,  OR
 APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHILDREN AND
 FAMILY  SERVICES,  THE  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPER-
 VISION, THE OFFICE OF TEMPORARY AND  DISABILITY  ASSISTANCE,  THE  STATE
 OFFICE  FOR  THE  AGING  AND THE DEPARTMENT OF HEALTH OR A LOCAL GOVERN-
 MENTAL UNIT AS THAT TERM IS DEFINED  IN  SECTION  41.03  OF  THE  MENTAL
 HYGIENE  LAW  OR A SOCIAL SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-
 ONE OF THE SOCIAL SERVICES LAW ON OR BEFORE  JULY  FIRST,  TWO  THOUSAND
 TWENTY.  PROVIDED  HOWEVER,  THAT ANY PERSON WHO COMMENCES EMPLOYMENT IN
 SUCH PROGRAM OR SERVICE  AFTER  JULY  FIRST,  TWO  THOUSAND  TWENTY  AND
 PERFORMS SERVICES THAT ARE RESTRICTED UNDER THIS ARTICLE SHALL BE APPRO-
 PRIATELY LICENSED OR AUTHORIZED UNDER THIS ARTICLE.
   §  4.  Subdivision 8 of section 8410 of the education law, as added by
 section 6 of part AA of chapter 57 of the laws of 2013, is amended and a
 new subdivision 9 is added to read as follows:
   8. (A) Prevent a person without a license from: performing assessments
 such as basic information collection, gathering of demographic data, and
 informal observations, screening and referral used for general eligibil-
 ity for a program or service and determining the functional status of an
 individual for the purpose of determining need for  services  [unrelated
 to  a  behavioral  health  diagnosis or treatment plan.   Such licensure
 shall not be required to create, develop or  implement  a  service  plan
 unrelated  to  a  behavioral  health diagnosis or treatment plan]; COUN-
 SELING INDIVIDUALS REGARDING THE APPROPRIATENESS OF  BENEFITS  THEY  ARE
 ELIGIBLE FOR; PROVIDING GENERAL COUNSELING THAT IS NOT PSYCHOTHERAPY AND
 ASSISTING  INDIVIDUALS OR GROUPS WITH DIFFICULT DAY TO DAY PROBLEMS SUCH
 AS FINDING EMPLOYMENT, LOCATING SOURCES OF  ASSISTANCE,  AND  ORGANIZING
 COMMUNITY GROUPS TO WORK ON A SPECIFIC PROBLEM; PROVIDING PEER SERVICES;
 OR  TO  SELECT  FOR  SUITABILITY  AND  PROVIDE SUBSTANCE ABUSE TREATMENT
 SERVICES OR GROUP RE-ENTRY SERVICES TO INCARCERATED INDIVIDUALS IN STATE
 CORRECTIONAL FACILITIES.
   (B) PREVENT A PERSON WITHOUT A LICENSE FROM  CREATING,  DEVELOPING  OR
 IMPLEMENTING  A  SERVICE  PLAN OR RECOVERY PLAN THAT IS NOT A BEHAVIORAL
 HEALTH DIAGNOSIS OR TREATMENT PLAN. Such service OR RECOVERY plans shall
 include, but are not limited to, COORDINATING, EVALUATING OR DETERMINING
 THE NEED FOR, OR THE PROVISION OF THE FOLLOWING SERVICES:  job  training
 and  employability[,];  housing[,];  HOMELESS  SERVICES AND SHELTERS FOR
 HOMELESS INDIVIDUALS AND FAMILIES; REFUGEE SERVICES; RESIDENTIAL, DAY OR
 COMMUNITY HABILITATION SERVICES; general public assistance[,];  in  home
 services and supports or home-delivered meals[, investigations conducted
 or  assessments  made  by]; RECOVERY SUPPORTS; adult or child protective
 services INCLUDING INVESTIGATIONS; DETENTION AS DEFINED IN SECTION  FIVE
 HUNDRED  TWO  OF  THE EXECUTIVE LAW; PREVENTION AND RESIDENTIAL SERVICES

 S. 7507                            70                            A. 9507
 
 FOR VICTIMS OF DOMESTIC VIOLENCE;  SERVICES  FOR  RUNAWAY  AND  HOMELESS
 YOUTH; FOSTER CARE, ADOPTION, PREVENTIVE SERVICES OR SERVICES IN ACCORD-
 ANCE  WITH AN APPROVED PLAN PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE
 SOCIAL  SERVICES  LAW,  INCLUDING,  adoption AND FOSTER home studies and
 assessments, family service plans, transition  plans  [and],  permanency
 planning  activities, AND CASE PLANNING OR CASE MANAGEMENT AS SUCH TERMS
 ARE DEFINED IN PART FOUR HUNDRED TWENTY-EIGHT OF TITLE EIGHTEEN  OF  THE
 NEW  YORK CODES, RULES AND REGULATIONS; RESIDENTIAL REHABILITATION; HOME
 AND  COMMUNITY  BASED  SERVICES;  AND  de-escalation  techniques,   peer
 services  or  skill development. [A license under this article shall not
 be required for persons to participate]
   (C)(I) PREVENT A PERSON WITHOUT A  LICENSE  FROM  PARTICIPATING  as  a
 member  of  a  multi-disciplinary team to DEVELOP OR implement a [behav-
 ioral health services or] treatment plan; provided [however,] that  such
 team shall include one or more professionals licensed under this article
 or articles one hundred thirty-one, ONE HUNDRED THIRTY-NINE, one hundred
 fifty-three  or one hundred fifty-four of this chapter WHO MUST DIRECTLY
 OBSERVE EACH PATIENT EITHER IN PERSON OR BY ELECTRONIC MEANS,  PRIOR  TO
 THE RENDERING OF A DIAGNOSIS; and provided, further, that the activities
 performed  by  members of the team shall be consistent with the scope of
 practice for each team member licensed or authorized under title VIII of
 this chapter, and those who are not so authorized may not  INDEPENDENTLY
 engage  in  the  following restricted practices, BUT MAY ASSIST LICENSED
 PROFESSIONALS OR MULTIDISCIPLINARY TEAM MEMBERS WITH: the  diagnosis  of
 mental, emotional, behavioral, addictive and developmental disorders and
 disabilities;  patient  assessment  and  evaluating;  the  provision  of
 psychotherapeutic treatment;  the  provision  of  treatment  other  than
 psychotherapeutic treatment; [and/or] OR the development and implementa-
 tion  of assessment-based treatment plans as defined in section seventy-
 seven hundred one of this chapter.
   (II) AS USED IN THIS SUBDIVISION, A TREATMENT PLAN SHALL BE LIMITED TO
 PLANS  FOR  TREATMENT  WITHIN  THE  FOLLOWING  SETTINGS:  FACILITIES  OR
 PROGRAMS  OPERATING  PURSUANT TO ARTICLE NINETEEN-G OF THE EXECUTIVE LAW
 OR PURSUANT TO ARTICLES SEVEN, SIXTEEN, THIRTY-ONE AND THIRTY-TWO OF THE
 MENTAL HYGIENE LAW.
   (III) AS USED IN THIS SUBDIVISION, THE TERM "ASSIST" SHALL INCLUDE THE
 PROVISION OF SERVICES WITHIN THE PRACTICE OF MENTAL  HEALTH  COUNSELING,
 MARRIAGE  AND  FAMILY  THERAPY, CREATIVE ARTS THERAPY OR PSYCHOANALYSIS,
 UNDER THE SUPERVISION OF A PERSON LICENSED UNDER THIS ARTICLE.
   (D) Provided, further, that  nothing  in  this  subdivision  shall  be
 construed as requiring a license for any particular activity or function
 based  solely on the fact that the activity or function is not listed in
 this subdivision.
   9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NOTHING
 IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT OR LIMIT  THE  ACTIVITIES
 OR  SERVICES  PROVIDED  BY  ANY  PERSON WHO IS EMPLOYED OR WHO COMMENCES
 EMPLOYMENT IN A PROGRAM  OR  SERVICE  OPERATED,  REGULATED,  FUNDED,  OR
 APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHILDREN AND
 FAMILY  SERVICES,  THE  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPER-
 VISION, THE OFFICE OF TEMPORARY AND  DISABILITY  ASSISTANCE,  THE  STATE
 OFFICE  FOR  THE  AGING  AND THE DEPARTMENT OF HEALTH OR A LOCAL GOVERN-
 MENTAL UNIT AS THAT TERM IS DEFINED  IN  SECTION  41.03  OF  THE  MENTAL
 HYGIENE  LAW  OR A SOCIAL SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-
 ONE OF THE SOCIAL SERVICES LAW ON OR BEFORE  JULY  FIRST,  TWO  THOUSAND
 TWENTY.  PROVIDED  HOWEVER,  THAT ANY PERSON WHO COMMENCES EMPLOYMENT IN
 SUCH PROGRAM OR SERVICE  AFTER  JULY  FIRST,  TWO  THOUSAND  TWENTY  AND

 S. 7507                            71                            A. 9507
 
 PERFORMS SERVICES THAT ARE RESTRICTED UNDER THIS ARTICLE SHALL BE APPRO-
 PRIATELY LICENSED OR AUTHORIZED UNDER THIS ARTICLE.
   § 5. Not later than July 1, 2019 the department of mental hygiene, the
 office  of  children  and  family  services, the office of temporary and
 disability assistance,  the  department  of  corrections  and  community
 supervision, the state office for the aging, or the department of health
 (hereinafter  referred  to  as "agencies") shall individually or collec-
 tively consult with the state education department (hereinafter referred
 to as "department") to develop formal  guidance  for  service  providers
 authorized  to  operate  under  the  respective agencies to identify the
 tasks and functions performed by each agency's  service  provider  work-
 force  categorized as tasks and functions restricted to licensed person-
 nel including tasks and functions that do not require  a  license  under
 articles  153,  154  and  163  of  the education law. Subsequent to such
 consultation, and not later than December 31, 2019, the department shall
 issue guidance to each such agency with respect to each agency's service
 provider workforce. Each agency may issue additional guidance from  time
 to  time,  subject to consultation with the department.  Notwithstanding
 any provision of law to the contrary, no person shall be held liable for
 unauthorized practice of a profession subject to licensure  under  arti-
 cles  153,  154  and  163  of  the  education law if such person acts in
 accordance with such agency  guidance  until  July  1,  2020,  to  allow
 further  consultation  on  guidance  as necessary. Upon issuance by such
 state agency of guidance, the department shall have 180  days  from  the
 date  of the issuance of such guidance to issue a statement of disagree-
 ment with the agency's guidance. If the department has issued  a  state-
 ment  of disagreement, the department and state agency shall engage in a
 collaborative process to gather input from stakeholders to  resolve  the
 issues.
   § 6. Programs and services operated, regulated, funded, or approved by
 the  department  of  mental  hygiene,  the office of children and family
 services, the department of corrections and community  supervision,  the
 office  of temporary and disability assistance, the state office for the
 aging and the department of health or a local governmental unit  as  the
 term  is  defined in section 41.03 of the mental hygiene law or a social
 services district as defined in section 61 of the  social  services  law
 shall  not be required to receive a waiver pursuant to section 6503-a of
 the education law and, further, such programs and services shall also be
 considered to be approved settings for the receipt of supervised experi-
 ence for the professions governed by articles 153, 154 and  163  of  the
 education law.
   §  7.  Subdivision  a  of section 9 of chapter 420 of the laws of 2002
 amending the education law relating to the profession of social work, as
 amended by section 1 of part J of chapter 59 of the  laws  of  2016,  is
 amended to read as follows:
   a.  Nothing  in  this  act  shall  prohibit or limit the activities or
 services on the part of any person in the employ of a program or service
 operated, regulated, funded, or approved by  the  department  of  mental
 hygiene,  the  office  of  children  and  family services, the office of
 temporary and disability assistance, the department of  corrections  and
 community supervision, the state office for the aging, the department of
 health,  or a local governmental unit as that term is defined in article
 41 of the mental hygiene law or a social services district as defined in
 section 61 of the social services law, provided, however,  this  section
 shall  not authorize the use of any title authorized pursuant to article

 S. 7507                            72                            A. 9507
 
 154 of the education law, except  that  this  section  shall  be  deemed
 repealed on July 1, [2018] 2020.
   § 8. Subdivision a of section 17-a of chapter 676 of the laws of 2002,
 amending  the  education  law relating to the practice of psychology, as
 amended by section 2 of part J of chapter 59 of the  laws  of  2016,  is
 amended to read as follows:
   a.  In  relation to activities and services provided under article 153
 of the education law, nothing in this act shall prohibit or  limit  such
 activities  or  services  on  the  part of any person in the employ of a
 program or service operated,  regulated,  funded,  or  approved  by  the
 department  of  mental  hygiene  or  the  office  of children and family
 services, or a local governmental unit as that term is defined in  arti-
 cle  41  of  the  mental  hygiene  law  or a social services district as
 defined in section 61 of the social services law.  In relation to activ-
 ities and services provided under article  163  of  the  education  law,
 nothing  in this act shall prohibit or limit such activities or services
 on the part of any person in the employ of a program  or  service  oper-
 ated,  regulated,  funded,  or  approved  by  the  department  of mental
 hygiene, the office of children and family services, the  department  of
 corrections and community supervision, the office of temporary and disa-
 bility  assistance, the state office for the aging and the department of
 health or a local governmental unit as that term is defined  in  article
 41 of the mental hygiene law or a social services district as defined in
 section  61 of the social services law, pursuant to authority granted by
 law. This section shall not authorize the use of  any  title  authorized
 pursuant to article 153 or 163 of the education law by any such employed
 person,  except  as  otherwise  provided  by such articles respectively.
 This section shall be deemed repealed July 1, [2018] 2020.
   § 9. Section 16 of chapter 130 of  the  laws  of  2010,  amending  the
 education  law  and  other laws relating to the registration of entities
 providing certain professional services and  the  licensure  of  certain
 professions, as amended by section 3 of part J of chapter 59 of the laws
 of 2016, is amended to read as follows:
   §  16.  This act shall take effect immediately; provided that sections
 thirteen, fourteen and fifteen of this act shall take effect immediately
 and shall be deemed to have been in full force and effect on  and  after
 June  1, 2010 and such sections shall be deemed repealed July 1, [2018]
 2020; provided further that the amendments to section 9 of  chapter  420
 of  the  laws of 2002 amending the education law relating to the profes-
 sion of social work made by section thirteen of this act shall repeal on
 the same date as such section repeals; provided further that the  amend-
 ments  to  section  17-a of chapter 676 of the laws of 2002 amending the
 education law relating to the practice of  psychology  made  by  section
 fourteen  of  this  act  shall  repeal  on the same date as such section
 repeals.
   § 10. This act shall take effect immediately.
 
                                  PART Z
 
   Section 1. Subparagraph (vii) of  paragraph  e  of  subdivision  3  of
 section  364-j  of  the social services law, as amended by section 38 of
 part A of chapter 56 of the laws of 2013, is amended to read as follows:
   (vii) a  person  with  a  developmental  or  physical  disability  who
 receives  home  and  community-based  services  or care-at-home services
 through A DEMONSTRATION WAIVER UNDER SECTION ELEVEN HUNDRED  FIFTEEN  OF
 THE FEDERAL SOCIAL SECURITY ACT, existing waivers under section nineteen

 S. 7507                            73                            A. 9507
 
 hundred fifteen (c) of the federal social security act, or who has char-
 acteristics and needs similar to such persons;
   § 2. Clause (x) of subparagraph 1 of paragraph (e) of subdivision 5 of
 section 366 of the social services law, as added by section 26-a of part
 C of chapter 109 of the laws of 2006, is amended to read as follows:
   (x)  "nursing facility services" means nursing care and health related
 services provided in a nursing facility; a level of care provided  in  a
 hospital  which is equivalent to the care which is provided in a nursing
 facility; and care, services or supplies provided pursuant to  a  waiver
 granted pursuant to subsection (c) of section 1915 of the federal social
 security act OR SUCCESSOR FEDERAL WAIVER.
   § 3. Section 366 of the social services law is amended by adding a new
 subdivision 7-c to read as follows:
   7-C.  THE COMMISSIONER OF HEALTH IN CONSULTATION WITH THE COMMISSIONER
 OF DEVELOPMENTAL DISABILITIES IS AUTHORIZED TO  SUBMIT  THE  APPROPRIATE
 WAIVERS,  INCLUDING,  BUT  NOT  LIMITED TO, THOSE AUTHORIZED PURSUANT TO
 SECTION ELEVEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL  SECURITY  ACT,  IN
 ORDER  TO  ACHIEVE  THE PURPOSES OF HIGH-QUALITY AND INTEGRATED CARE AND
 SERVICES FOR A POPULATION OF PERSONS WITH DEVELOPMENTAL DISABILITIES, AS
 SUCH TERM IS DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE LAW.
   § 4. Subdivision 6-a of section 93 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 20 of part B of chapter 56 of the laws  of  2013,  is
 amended to read as follows:
   6-a.  section  fifty-seven  of  this  act  shall  expire and be deemed
 repealed on December 31, [2018] 2024; provided that the amendments  made
 by such section to subdivision 4 of section 366-c of the social services
 law  shall  apply  with  respect  to  determining initial and continuing
 eligibility for medical assistance, including the continued  eligibility
 of recipients originally determined eligible prior to the effective date
 of  this  act, and provided further that such amendments shall not apply
 to any person or group of persons if it is  subsequently  determined  by
 the  Centers  for Medicare and Medicaid services or by a court of compe-
 tent jurisdiction that medical assistance with federal financial partic-
 ipation is available for the costs of services provided to  such  person
 or persons under the provisions of subdivision 4 of section 366-c of the
 social services law in effect immediately prior to the effective date of
 this act.
   §  5.  Paragraph  (a)  of subdivision 2 of section 366-c of the social
 services law, as amended by section 68 of part A of chapter  56  of  the
 laws of 2013, is amended to read as follows:
   (a)  For  purposes  of this section an "institutionalized spouse" is a
 person (i) who is in a  medical  institution  or  nursing  facility  and
 expected  to  remain in such facility or institution for at least thirty
 consecutive days; or (ii) who is receiving care, services  and  supplies
 pursuant  to  a  waiver  pursuant  to subsection (c) of section nineteen
 hundred fifteen of the federal social security act, OR SUCCESSOR TO SUCH
 WAIVER, or is receiving care, services and supplies in a  managed  long-
 term  care plan pursuant to section eleven hundred fifteen of the social
 security act; and (iii) who is married to a  person  who  is  not  in  a
 medical  institution  or  nursing  facility  or  is not receiving waiver
 services described in subparagraph (ii)  of  this  paragraph;  provided,
 however,  that  medical  assistance  shall be furnished pursuant to this
 paragraph only if, for so long as, and to the extent that federal finan-

 S. 7507                            74                            A. 9507
 
 cial participation is available therefor.   The commissioner  of  health
 shall  make  any amendments to the state plan for medical assistance, or
 apply for any waiver or approval under the federal social  security  act
 that are necessary to carry out the provisions of this paragraph.
   §  6.  The  closing paragraph of subdivision 4 of section 366-c of the
 social services law, as amended by section 42 of part D of chapter 58 of
 the laws of 2009, is amended to read as follows:
 provided, however, that, to the extent  required  by  federal  law,  the
 terms  of  this subdivision shall not apply to persons who are receiving
 care, services and supplies pursuant  to  the  following  waivers  under
 section 1915(c) of the federal social security act: the nursing facility
 transition and diversion waiver authorized pursuant to subdivision six-a
 of  section  three  hundred sixty-six of this title; the traumatic brain
 injury waiver authorized pursuant to section twenty-seven hundred  forty
 of  the public health law, the long term home health care program waiver
 authorized pursuant to  section  three  hundred  sixty-seven-c  of  this
 title, and the home and community based services waiver for persons with
 developmental disabilities, OR SUCCESSOR TO SUCH WAIVER, administered by
 the  office  [of  mental  retardation and] FOR PEOPLE WITH developmental
 disabilities pursuant to an agreement with the federal centers for medi-
 care and Medicaid services.
   § 7. Paragraph 4 of subdivision (a) of section  16.03  of  the  mental
 hygiene  law, as added by section 6 of part MM of chapter 58 of the laws
 of 2015, is amended to read as follows:
   (4) The provision of home and community based services approved  under
 a  waiver  program authorized pursuant to SECTION ELEVEN HUNDRED FIFTEEN
 OF THE FEDERAL SOCIAL SECURITY ACT OR 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, provided that an operating certificate issued pursuant  to
 this  paragraph  shall  only  authorize  services in a home or community
 setting.
   § 8. Paragraph 2 of subdivision (a) of section  16.11  of  the  mental
 hygiene law, as added by section 10 of part MM of chapter 58 of the laws
 of 2015, is amended to read as follows:
   (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,  OR
 OTHER  SUCCESSOR  MEDICAID  WAIVER PROGRAM, and applicable federal regu-
 lation, subdivisions seven and seven-a of section three  hundred  sixty-
 six  of the social services law and rules and regulations adopted by the
 commissioner.
   § 9. Subdivision (b) of section 80.03 of the mental  hygiene  law,  as
 amended  by  chapter  37  of  the  laws  of  2011, is amended to read as
 follows:
   (b) "A patient in need of surrogate decision-making" means  a  patient
 as  defined  in subdivision twenty-three of section 1.03 of this chapter
 who is: a resident of a mental hygiene facility including a resident  of
 housing  programs funded by an office of the department or whose federal
 funding application was approved by an office of the department  or  for
 whom  such  facility  maintains  legal  admission  status  therefor; or,
 receiving home and community-based  services  for  persons  with  mental
 disabilities  provided  pursuant  to section 1915 OR 1115 of the federal
 social security act; or receiving individualized support  services;  or,
 case management or service coordination funded, approved, or provided by

 S. 7507                            75                            A. 9507
 
 the  office  for  people  with developmental disabilities; and, for whom
 major medical treatment is proposed, and who is determined by the surro-
 gate decision-making committee to lack the  ability  to  consent  to  or
 refuse  such  treatment,  but  shall  not include minors with parents or
 persons with legal guardians, committees or conservators who are legally
 authorized, available and willing to make such  health  care  decisions.
 Once a person is eligible for surrogate decision-making, such person may
 continue  to  receive  surrogate  decision-making  as authorized by this
 section regardless of a change in residential status.
   § 10. Subdivision 1-a of section 84 of part A of  chapter  56  of  the
 laws  of  2013, 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 2013-2014 state fiscal
 year, is amended to read as follows:
   [1-a. sections seventy-three through  eighty-a  shall  expire  and  be
 deemed repealed September 30, 2019]
   §  11.  Paragraph (a-1) of subdivision 8 of section 4403 of the public
 health law, as amended by chapter 474 of the laws of 2015, is amended to
 read as follows:
   (a-1) If the commissioner and  the  commissioner  of  the  office  for
 people  with developmental disabilities determine that such organization
 lacks the experience required in paragraph (a) of this subdivision,  the
 organization  shall  have  an  affiliation arrangement with an entity or
 entities that are CONTROLLED BY non-profit ORGANIZATIONS with experience
 serving persons with  developmental  disabilities,  AS  DEMONSTRATED  BY
 CRITERIA  TO  BE  DETERMINED BY THE COMMISSIONER AND THE COMMISSIONER OF
 THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, WITH SUCH  CRITE-
 RIA  including,  but  not  limited  to, residential, day, and employment
 services such that  the  affiliated  entity  will  coordinate  and  plan
 services  operated,  certified,  funded,  authorized  or approved by the
 office for people with developmental disabilities or  will  oversee  and
 approve such coordination and planning;
   §  12.  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 20 of part D of chapter 57
 of the laws of 2015, is amended to read as follows:
   § 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, [2019] 2024  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.
   § 13. Paragraph (a-1) of subdivision  12  of  section  4403-f  of  the
 public  health  law,  as  amended by chapter 474 of the laws of 2015, is
 amended to read as follows:
   (a-1) If the commissioner and  the  commissioner  of  the  office  for
 people  with  developmental  disabilities determine that such plan lacks
 the experience required in paragraph (a) of this subdivision,  the  plan
 shall  have  an  affiliation arrangement with an entity or entities that

 S. 7507                            76                            A. 9507
 
 are CONTROLLED  BY  non-profit  ORGANIZATIONS  with  experience  serving
 persons  with developmental disabilities, AS DEMONSTRATED BY CRITERIA TO
 BE DETERMINED BY THE COMMISSIONER AND THE COMMISSIONER OF THE OFFICE FOR
 PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES, WITH SUCH CRITERIA including,
 but not limited to, residential, day and employment services, such  that
 the affiliated entity will coordinate and plan services operated, certi-
 fied,  funded,  authorized  or  approved  by  the office for people with
 developmental disabilities or will oversee and approve such coordination
 and planning;
   § 14. Paragraph (d) of subdivision 1 of section 4403-g of  the  public
 health  law,  as added by section 73 of part A of chapter 56 of the laws
 of 2013, is amended to read as follows:
   (d) "Health and long term care services"  means  COMPREHENSIVE  HEALTH
 services  AND  OTHER  SERVICES AS DETERMINED BY THE COMMISSIONER AND THE
 COMMISSIONER OF THE OFFICE FOR PEOPLE WITH  DEVELOPMENTAL  DISABILITIES,
 whether  provided by state-operated programs or not-for-profit entities,
 including, but not limited to, habilitation services, home and  communi-
 ty-based  and  institution-based  long term care services, and ancillary
 services, that shall include medical supplies  and  nutritional  supple-
 ments,  that are necessary to meet the needs of persons whom the plan is
 authorized to enroll[, and may include primary care and  acute  care  if
 the  DISCO is authorized to provide or arrange for such services].  Each
 person enrolled in a DISCO shall  receive  health  and  long  term  care
 services  designed  to  achieve person-centered outcomes, to enable that
 person to live in  the  most  integrated  setting  appropriate  to  that
 person's  needs,  and to enable that person to interact with nondisabled
 persons to the fullest extent possible in social,  workplace  and  other
 community  settings, provided that all such services are consistent with
 such person's wishes to the extent that such wishes  are  known  and  in
 accordance with such person's needs.
   §  15.  Paragraph (b) of subdivision 3 of section 4403-g of the public
 health law, as added by section 73 of part A of chapter 56 of  the  laws
 of 2013, is amended to read as follows:
   (b)  A  description of the services to be covered by such DISCO, WHICH
 MUST INCLUDE ALL HEALTH AND LONG TERM CARE SERVICES, AS DEFINED IN PARA-
 GRAPH (D) OF SUBDIVISION ONE OF THIS  SECTION,  AND  OTHER  SERVICES  AS
 DETERMINED  BY  THE  COMMISSIONER AND THE COMMISSIONER OF THE OFFICE FOR
 PEOPLE WITH DEVELOPMENTAL DISABILITIES;
   § 16. Paragraph (j) of subdivision 4 of section 4403-g of  the  public
 health  law,  as added by section 73 of part A of chapter 56 of the laws
 of 2013, is amended to read as follows:
   (j) Readiness and capability [to arrange and manage covered  services]
 OF ORGANIZING, MARKETING, MANAGING, PROMOTING AND OPERATING A HEALTH AND
 LONG  TERM  CARE  SERVICES PLAN, OR HAS AN AFFILIATION AGREEMENT WITH AN
 ENTITY THAT HAS SUCH READINESS AND CAPABILITY;
   § 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  17  of
 part D of chapter 57 of the laws of 2015, 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, [2019] 2024 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. 7507                            77                            A. 9507
 
   § 18. Subdivision (c) of section 13.40 of the mental hygiene  law,  as
 added  by  section  72-b of part A of chapter 56 of the laws of 2013, is
 amended to read as follows:
   (c)  No  person  with  a  developmental disability who is receiving or
 applying for medical assistance and who is  receiving,  or  eligible  to
 receive, services operated, funded, certified, authorized or approved by
 the office, shall be required to enroll in a DISCO, HMO or MLTC in order
 to  receive such services until program features and reimbursement rates
 are approved by the commissioner and the  commissioner  of  health,  and
 until  such  commissioners  determine  that a sufficient number of plans
 that are authorized to coordinate care for individuals pursuant to  this
 section  or  that  are  authorized  to operate and to exclusively enroll
 persons with developmental disabilities pursuant to subdivision  twenty-
 seven  of  section three hundred sixty-four-j of the social services law
 are operating in such person's county of residence to meet the needs  of
 persons with developmental disabilities, and that such entities meet the
 standards  of  this  section. No person shall be required to enroll in a
 DISCO, HMO or MLTC in order to receive services operated, funded, certi-
 fied, authorized or approved by the office until there are at least  two
 entities  operating  under this section in such person's county of resi-
 dence, unless federal approval is secured  to  require  enrollment  when
 there are less than two such entities operating in such county. NOTWITH-
 STANDING THE FOREGOING OR ANY OTHER LAW TO THE CONTRARY, ANY HEALTH CARE
 PROVIDER: (I) ENROLLED IN THE MEDICAID PROGRAM AND (II) RENDERING HOSPI-
 TAL  SERVICES,  AS  SUCH TERM IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED
 ONE OF THE PUBLIC HEALTH LAW, TO  AN  INDIVIDUAL  WITH  A  DEVELOPMENTAL
 DISABILITY  WHO IS ENROLLED IN A DISCO, HMO OR MLTC, OR A PREPAID HEALTH
 SERVICES PLAN OPERATING PURSUANT TO SECTION FORTY-FOUR  HUNDRED  THREE-A
 OF  THE  PUBLIC HEALTH LAW, INCLUDING, BUT NOT LIMITED TO, AN INDIVIDUAL
 WHO IS ENROLLED IN A PLAN AUTHORIZED BY  SECTION  THREE  HUNDRED  SIXTY-
 FOUR-J  OR  THE  SOCIAL SERVICES LAW, SHALL ACCEPT AS FULL REIMBURSEMENT
 THE NEGOTIATED RATE OR, IN THE EVENT THAT THERE IS NO  NEGOTIATED  RATE,
 THE  RATE  OF PAYMENT THAT THE APPLICABLE GOVERNMENT AGENCY WOULD OTHER-
 WISE PAY FOR SUCH RENDERED HOSPITAL SERVICES.
   § 19. Section 11 of chapter 710 of the  laws  of  1988,  amending  the
 social services law and the education law relating to medical assistance
 eligibility  of  certain  persons and providing for managed medical care
 demonstration programs, as amended by section 1 of part F of chapter  73
 of the laws of 2016, is amended to read as follows:
   §  11.  This  act  shall  take  effect  immediately;  except  that the
 provisions of sections one, two, three, four, eight and ten of this  act
 shall take effect on the ninetieth day after it shall have become a law;
 and  except  that the provisions of sections five, six and seven of this
 act shall take effect January 1, 1989; and except that  effective  imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary  for  the implementation of this act on its effective date are
 authorized and directed to be made  and  completed  on  or  before  such
 effective  date; provided, however, that the provisions of section 364-j
 of the social services law, as added by section one of  this  act  shall
 expire  and  be  deemed repealed on and after March 31, [2019] 2024, the
 provisions of section 364-k of the social  services  law,  as  added  by
 section  two  of  this act, except subdivision 10 of such section, shall
 expire and be deemed repealed on and after  January  1,  1994,  and  the
 provisions  of  subdivision  10  of section 364-k of the social services
 law, as added by section two of this act, shall  expire  and  be  deemed
 repealed on January 1, 1995.

 S. 7507                            78                            A. 9507
 
   §  20. This act shall take effect immediately; provided, however, that
 the amendments to subparagraph (vii) of paragraph e of subdivision 3  of
 section 364-j of the social services law made by section one of this act
 shall not affect the repeal of such section and shall be deemed repealed
 therewith; provided further, however, that the amendments to subdivision
 4  of  section  366-c  of the social services law made by section six of
 this act shall not affect the expiration of such subdivision  and  shall
 be  deemed  to  expire  therewith;  provided  further, however, that the
 amendments to paragraph (a-1) of subdivision 12 of section 4403-f of the
 public health law made by section thirteen of this act shall not  affect
 the repeal of such section and shall be deemed to be repealed therewith.
 
                                  PART AA
 
   Section  1. Subdivisions 3-b and 3-c of section 1 of part C of chapter
 57 of the laws of 2006,  relating  to  establishing  a  cost  of  living
 adjustment for designated human services programs, as amended by section
 1  of  part  Q of chapter 57 of the laws of 2017, are amended to read as
 follows:
   3-b. Notwithstanding any  inconsistent  provision  of  law,  beginning
 April  1, 2009 and ending March 31, 2016 and beginning April 1, 2017 and
 ending March 31, [2018] 2019, the commissioners shall not include a COLA
 for the purpose of establishing rates  of  payments,  contracts  or  any
 other  form  of  reimbursement,  provided  that the commissioners of the
 office for people with developmental disabilities, the office of  mental
 health,  and the office of alcoholism and substance abuse services shall
 not include a COLA beginning April 1, 2017 and ending March 31, 2019.
   3-c. Notwithstanding any  inconsistent  provision  of  law,  beginning
 April 1, [2018] 2019 and ending March 31, [2021] 2022, the commissioners
 shall develop the COLA under this section using the actual U.S. consumer
 price  index  for  all  urban  consumers (CPI-U) published by the United
 States department of labor, bureau of labor statistics  for  the  twelve
 month  period  ending  in  July  of  the budget year prior to such state
 fiscal  year,  for  the  purpose  of  establishing  rates  of  payments,
 contracts or any other form of reimbursement.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2018; provided,
 however, that the amendments to section 1 of part C of chapter 57 of the
 laws of 2006 made by section one of this act shall not affect the repeal
 of such section and shall be deemed repealed therewith.
   § 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.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through AA of this act shall be
 as specifically set forth in the last section of such Parts.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 7507--A                                            A. 9507--A
 
                       S E N A T E - A S S E M B L Y
 
                             January 18, 2018
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when  printed to be committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
   article  seven  of  the  Constitution -- read once and referred to the
   Committee on Ways and Means --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the public health law, in relation to establishing a
   temporary workgroup on capital rate methodology for  capital  expendi-
   tures  to  hospitals  and residential nursing facilities; and to amend
   the social services law, in relation to standard coverage for physical
   therapy services under medical assistance for needy  persons  programs
   (Part  A);  to amend the public health law, in relation to payments to
   residential health care facilities; to amend the social  services  law
   and  the  public  health  law,  in relation to assisted living program
   providers licensed in the state; to amend the social services law,  in
   relation to payments for certain medical assistance provided to eligi-
   ble persons participating in the New York traumatic brain injury waiv-
   er  program;  and  to  repeal certain provisions of section 366 of the
   social services law relating to furnishing  medical  assistance  (Part
   B);  to  amend  the  social services law and the public health law, in
   relation to health homes and  penalties  for  managed  care  providers
   (Part  C); to amend the social services law and the public health law,
   in relation to drug coverage,  updating  the  professional  dispensing
   fee,  copayments, pharmacist physician collaboration and comprehensive
   medication management; and to repeal certain provisions of the  social
   services  law  relating thereto (Part D); to amend the social services
   law, in relation to reimbursement of transportation costs,  reimburse-
   ment of emergency transportation services and supplemental transporta-
   tion  payments;  and repealing certain provisions of such law relating
   thereto (Part E); providing for not-for-profit and tax  exempt  corpo-
   rations'  Medicaid  capitation  rates  (Part  F);  to amend the public
   health law, in relation to authorizing  certain  retail  practices  to
   offer  health  services  (Part  G);  to  amend  the  education law, in
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12671-02-8

 S. 7507--A                          2                         A. 9507--A
 
   relation to the practice of  nursing  by  certified  registered  nurse
   anesthetists (Part H); to amend the social services law and the public
   health  law,  in  relation  to managed care organizations (Part I); to
   amend the state finance law, in relation to the false claims act (Part
   J);  authorizing  the  department  of health to require certain health
   care providers to report on costs incurred; and to amend chapter 59 of
   the laws of 2011 amending the public health law and other laws  relat-
   ing  to  known  and projected department of health state fund medicaid
   expenditures, in relation to extending the medicaid global  cap  (Part
   K);  to  amend  the  social services law and the public health law, in
   relation to the child health insurance  program  (Part  L);  to  amend
   chapter  266  of the laws of 1986, amending the civil practice law and
   rules and other laws relating to malpractice and professional  medical
   conduct,  in relation to apportioning premium for certain policies; to
   amend part J of chapter 63 of the laws of 2001 amending chapter 266 of
   the laws of 1986, amending the civil practice law and rules and  other
   laws  relating to malpractice and professional medical conduct, relat-
   ing to the effectiveness of certain provisions  of  such  chapter,  in
   relation  to  extending  certain  provisions  concerning  the hospital
   excess liability pool; and to amend part H of chapter 57 of  the  laws
   of  2017,  amending  the  New  York Health Care Reform Act of 1996 and
   other laws relating to extending certain provisions relating  thereto,
   in  relation to extending provisions relating to excess coverage (Part
   M); to amend part C of chapter 57 of the laws of 2006, establishing  a
   cost  of  living adjustment for designated human services, in relation
   to the determination thereof; and to repeal certain provisions thereof
   relating to eligible programs (Part N); to amend the public health law
   and the insurance law, in relation to the early  intervention  program
   for  infants  and  toddlers with disabilities and their families (Part
   O); to amend the public health law, in relation to the empire clinical
   research investigator program and hospital resident hour  audits;  and
   to repeal certain provisions of the public health law relating thereto
   (Part  P);  to  amend the public health law, in relation to the health
   care facility transformation program (Part Q);  to  amend  the  public
   health  law, the executive law, and the real property law, in relation
   to areas at a high risk for lead paint (Part R); to amend  the  public
   health  law and the social services law, in relation to the establish-
   ment of community paramedicine collaboratives (Subpart  A);  to  amend
   the public health law and the mental hygiene law, in relation to inte-
   grated  services  (Subpart  B); and to amend the public health law, in
   relation to the definitions of telehealth provider,  originating  site
   and remote patient monitoring (Subpart C)(Part S); to amend chapter 59
   of  the  laws of 2016, amending the social services law and other laws
   relating to authorizing the commissioner of health to apply  federally
   established  consumer  price  index  penalties  for generic drugs, and
   authorizing the commissioner of health to impose penalties on  managed
   care plans for reporting late or incorrect encounter data, in relation
   to  the  effectiveness of certain provisions of such chapter; to amend
   chapter 58 of the laws of 2007, amending the social services  law  and
   other laws relating to adjustments of rates, in relation to the effec-
   tiveness of certain provisions of such chapter; to amend chapter 54 of
   the  laws  of 2016, amending part C of chapter 58 of the laws of 2005,
   authorizing reimbursements for expenditures made by or  on  behalf  of
   social services districts for medical assistance for needy persons and
   administration  thereof,  in relation to the effectiveness thereof; to
   amend chapter 906 of the laws of 1984, amending  the  social  services

 S. 7507--A                          3                         A. 9507--A
 
   law relating to expanding medical assistance eligibility and the scope
   of  services  available  to  certain  persons  with  disabilities,  in
   relation to the effectiveness thereof; and to amend chapter 56 of  the
   laws  of  2013,  amending  chapter 59 of the laws of 2011 amending the
   public  health  law  and  other  laws  relating  to  general  hospital
   reimbursement  for  annual rates relating to the cap on local Medicaid
   expenditures, in relation to rates of payments (Part T); to amend part
   NN of chapter 58 of the laws of 2015 amending the mental  hygiene  law
   relating  to  clarifying  the  authority  of  the commissioners in the
   department of mental hygiene  to  design  and  implement  time-limited
   demonstration programs, in relation to the effectiveness thereof (Part
   U);  to  amend  chapter  62  of  the laws of 2003, amending the mental
   hygiene law and the state finance law relating to the community mental
   health support and workforce reinvestment program, the  membership  of
   subcommittees  for  mental health of community services boards and the
   duties of such subcommittees and creating the community mental  health
   and  workforce  reinvestment  account,  in  relation to extending such
   provisions relating thereto (Part V); to amend the criminal  procedure
   law,  in  relation  to amending the definition of appropriate institu-
   tion; and providing for the repeal of such provisions upon  expiration
   thereof  (Part  W);  to amend 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  X);  to  amend  the  education  law,  in
   relation  to  persons  practicing  in  certain  licensed  programs  or
   services who are exempt from practice  requirements  of  professionals
   licensed  by  the department of education; to amend chapter 420 of the
   laws of 2002, amending the education law relating to the profession of
   social work, in  relation  to  extending  the  expiration  of  certain
   provisions thereof; to amend chapter 676 of the laws of 2002, amending
   the  education law relating to the practice of psychology, in relation
   to extending the expiration of certain provisions; and to amend  chap-
   ter 130 of the laws of 2010, amending the education law and other laws
   relating  to  the  registration  of entities providing certain profes-
   sional services and licensure of certain professions, in  relation  to
   extending  certain  provisions  thereof  (Part Y); to amend the social
   services law, in relation to adding demonstration waivers  to  waivers
   allowable  for  home and community-based services; to amend the social
   services law, in relation to adding successor federal waivers to waiv-
   ers granted under subsection (c) of section 1915 of the federal social
   security law, in relation to nursing facility services; to  amend  the
   social services law, in relation to waivers for high quality and inte-
   grated  care;  to  amend the mental hygiene law, in relation to adding
   new and successor federal waivers to waivers in relation to  home  and
   community-based services; to amend part A of chapter 56 of the laws of
   2013,  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 2013-2014 state fiscal
   year, in relation to the effectiveness of certain provisions  thereof;
   to amend the public health law, in relation to expansion of comprehen-
   sive  health services 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 extending
   provisions thereof; to amend the public health  law,  in  relation  to
   managed  long  term care plans, health and long term care services and

 S. 7507--A                          4                         A. 9507--A
 
   developmental disability  individual  support  and  care  coordination
   organizations;  to amend chapter 165 of the laws of 1991, amending the
   public health law and other laws relating to establishing payments for
   medical  assistance,  in relation to extending the provisions thereof;
   to amend the mental hygiene law, in relation to  reimbursement  rates;
   and  to  amend  chapter  710  of the laws of 1988, amending the social
   services law and the education  law  relating  to  medical  assistance
   eligibility  of certain persons and providing for managed medical care
   demonstration programs, in relation to extending the provisions there-
   of (Part Z); to amend part C of chapter 57 of the laws of 2006, relat-
   ing to establishing a cost of living adjustment for  designated  human
   services  programs,  in  relation  to the inclusion and development of
   certain cost of living adjustments (Part  AA);  to  amend  the  public
   health  law  and  the  penal law, in relation to expanding the list of
   controlled substances (Part BB); to amend the education  law  and  the
   public  health  law, in relation to inquiries or complaints of profes-
   sional misconduct (Part CC);  and  to  amend  the  education  law,  in
   relation  to authorizing a licensed pharmacist to administer influenza
   vaccine to children between two and eighteen years of age pursuant  to
   a  non-patient  specific  regimen; to amend chapter 563 of the laws of
   2008, amending the education law and the public health law relating to
   immunizing agents to be administered  to  adults  by  pharmacists,  in
   relation  to  making the provisions permanent; to amend chapter 116 of
   the laws of 2012, amending the education law relating to authorizing a
   licensed pharmacist and certified  nurse  practitioner  to  administer
   certain  immunizing  agents,  in relation to making certain provisions
   permanent; and to amend chapter 21 of the laws of 2011,  amending  the
   education  law relating to authorizing pharmacists to perform collabo-
   rative drug therapy management with physicians in certain settings, in
   relation to making certain provisions permanent (Part DD)
 
   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 2018-2019
 state fiscal year. Each component is  wholly  contained  within  a  Part
 identified as Parts A through DD. 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. The public health law is amended by adding  a  new  section
 2827 to read as follows:
   §  2827.  TEMPORARY  WORKGROUP  ON CAPITAL RATE METHODOLOGY.   (A) THE
 COMMISSIONER SHALL CONVENE A TEMPORARY WORKGROUP COMPRISED OF  REPRESEN-
 TATIVES  OF  HOSPITALS  AND  RESIDENTIAL  NURSING FACILITIES, AS WELL AS
 REPRESENTATIVES FROM THE  DEPARTMENT,  TO  DEVELOP  RECOMMENDATIONS  FOR
 STREAMLINING  THE  CAPITAL  REIMBURSEMENT  METHODOLOGY  TO ACHIEVE A ONE

 S. 7507--A                          5                         A. 9507--A
 
 PERCENT REDUCTION IN CAPITAL EXPENDITURES TO HOSPITALS  AND  RESIDENTIAL
 NURSING  FACILITIES, INCLUDING ASSOCIATED SPECIALTY AND ADULT DAY HEALTH
 CARE UNITS. PENDING THE DEVELOPMENT OF THE  WORKGROUP'S  RECOMMENDATIONS
 AND  THE  IMPLEMENTATION  OF  ANY  SUCH  RECOMMENDATIONS ACCEPTED BY THE
 COMMISSIONER, THE COMMISSIONER SHALL BE AUTHORIZED TO REDUCE THE OVERALL
 AMOUNT OF CAPITAL REIMBURSEMENT AS NECESSARY TO ACHIEVE  A  ONE  PERCENT
 REDUCTION  IN  CAPITAL EXPENDITURES BEGINNING WITH STATE FISCAL YEAR TWO
 THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN.
   (B) THE COMMISSIONER MAY  PROMULGATE  REGULATIONS  TO  EFFECTUATE  THE
 PROVISIONS OF THIS SECTION.
   §  2.  Subdivision  5-d of section 2807-k of the public health law, as
 amended by section 1 of part E of chapter 57 of the  laws  of  2015,  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 [eigh-
 teen] NINETEEN, 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  [eighteen]  NINETEEN  calendar
 years shall be in accord with the following:
   (A)  one  hundred  thirty-nine  million  four hundred thousand dollars
 shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
 payments to major public general hospitals; and
   (B) nine hundred ninety-four million nine hundred thousand dollars  as
 Medicaid  DSH  payments  to eligible general hospitals, other than major
 public general hospitals.
   (iii)(A) Such regulations shall establish  transition  adjustments  to
 the  distributions  made pursuant to clauses (A) and (B) of subparagraph
 (ii) of this paragraph such that no facility experiences a reduction  in
 indigent care pool payments pursuant to this subdivision that is greater
 than the percentages, as specified in clause (C) of this subparagraph as
 compared  to  the  average distribution that each such facility received
 for the three calendar years prior to two thousand thirteen pursuant  to
 this section and section twenty-eight hundred seven-w of this article.

 S. 7507--A                          6                         A. 9507--A
 
   (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 Janu-
 ary  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; AND FOR THE CALENDAR YEAR BEGINNING ON  JANUARY  FIRST,
 TWO THOUSAND NINETEEN, IS GREATER THAN SEVENTEEN AND ONE-HALF PERCENT.
   (iv) Such regulations shall reserve one percent of the funds available
 for  distribution  in the two thousand fourteen and two thousand fifteen
 calendar years, and for calendar  years  thereafter,  pursuant  to  this
 subdivision,  subdivision  fourteen-f  of  section  twenty-eight hundred
 seven-c of this article, and sections two hundred eleven and two hundred
 twelve of chapter four hundred seventy-four  of  the  laws  of  nineteen
 hundred  ninety-six,  in  a  "financial  assistance compliance pool" and
 shall establish methodologies for the distribution of such pool funds to
 facilities based on their level of  compliance,  as  determined  by  the
 commissioner, with the provisions of subdivision nine-a of this section.
   (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.
   § 3. Subdivision 14-a of section 2807 of the  public  health  law,  as
 added  by  section  11  of  part B of chapter 57 of the laws of 2015, is
 amended to read as follows:
   14-a. (A) Notwithstanding any provision of law to  the  contrary,  and
 subject  to federal financial participation, the commissioner is author-
 ized to establish, pursuant to regulations, a statewide general hospital
 quality pool for the purpose of incentivizing and  facilitating  quality
 improvements in general hospitals.
   (B) SUCH REGULATIONS SHALL INCLUDE PROVISIONS:
   (I)  TO  CREATE A PERFORMANCE TARGET TO REDUCE POTENTIALLY PREVENTABLE
 EMERGENCY DEPARTMENT VISITS;
   (II) TO REDUCE OR ELIMINATE THE PAYMENT OF THE RATES, PUBLISHED BY THE
 DEPARTMENT ON THE HOSPITAL INPATIENT PUBLICATION SCHEDULES AND  HOSPITAL
 AMBULATORY  PATIENT  GROUP  SCHEDULES,  WHICH ARE PAID BY CONTRACTORS TO
 HOSPITALS, BASED ON THE QUALITY AND  SAFETY  SCORES  OF  A  HOSPITAL  AS
 DETERMINED BY THE DEPARTMENT; AND
   (III)  TO  FACILITATE  NECESSARY QUALITY IMPROVEMENTS IN HOSPITALS, AS
 DETERMINED BY THE COMMISSIONER.

 S. 7507--A                          7                         A. 9507--A
 
   (C) Awards from such pool shall be subject to approval by the director
 of budget. If federal financial participation is unavailable,  then  the
 non-federal  share  of  awards  made pursuant to this subdivision may be
 made as state grants.
   [(a)]  (D)  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.
   [(b)] (E) 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 commit-
 tee,  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.
   (F) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW OR REGULATION TO
 THE CONTRARY, THE HOSPITAL  QUALITY  POOL  SHALL  ALLOCATE  TEN  MILLION
 DOLLARS ANNUALLY TO EXPAND PREVENTATIVE SERVICES AS THE COMMISSIONER MAY
 DETERMINE  IN REGULATION. SUCH PREVENTATIVE SERVICES MAY INCLUDE BUT NOT
 BE LIMITED TO MENTAL HEALTH COUNSELING PROVIDED BY A  LICENSED  CLINICAL
 SOCIAL  WORKER  OR  A  LICENSED  MASTER SOCIAL WORKER, PHYSICAL THERAPY,
 DIABETES PREVENTION, OR TREATMENT BY AN APPLIED BEHAVIOR ANALYST.
   § 4. Subparagraph (ii) of paragraph (f) of subdivision 2-a of  section
 2807  of  the  public  health law, as amended by section 43 of part B of
 chapter 58 of the laws of 2010, is amended to read as follows:
   (ii) notwithstanding the provisions of paragraphs (a) and (b) of  this
 subdivision,  for periods on and after January first, two thousand nine,
 the following services provided by general hospital  outpatient  depart-
 ments  and  diagnostic  and  treatment  centers shall be reimbursed with
 rates of payment based entirely upon the ambulatory patient group  meth-
 odology  as  described  in  paragraph (e) of this subdivision, provided,
 however, that the commissioner may utilize  existing  payment  methodol-
 ogies  or  may  promulgate  regulations establishing alternative payment
 methodologies for one or more of the services specified in this subpara-
 graph, effective for periods on and  after  March  first,  two  thousand
 nine:
   (A)  services provided in accordance with the provisions of paragraphs
 (q) and (r) of subdivision two of section three hundred sixty-five-a  of
 the social services law; and
   (B)  all services, but only with regard to additional payment amounts,
 as determined in accordance with regulations issued in  accordance  with
 paragraph  (e)  of  this subdivision, for the provision of such services
 during times outside the facility's normal hours of operation, as deter-
 mined in accordance with criteria set forth in such regulations; and
   (C) individual psychotherapy  services  provided  by  licensed  social
 workers,  in  accordance with licensing criteria set forth in applicable
 regulations[, to persons under the age  of  twenty-one  and  to  persons

 S. 7507--A                          8                         A. 9507--A

 requiring such services as a result of or related to pregnancy or giving
 birth]; and
   (D)  individual  psychotherapy  services  provided  by licensed social
 workers, in accordance with licensing criteria set forth  in  applicable
 regulations,  at  diagnostic and treatment centers that provided, billed
 for, and received payment for these services between January first,  two
 thousand seven and December thirty-first, two thousand seven;
   (E)  services  provided to pregnant women pursuant to paragraph (s) of
 subdivision two of section three  hundred  sixty-five-a  of  the  social
 services  law  and, for periods on and after January first, two thousand
 ten, all other services provided pursuant  to  such  paragraph  (s)  and
 services  provided  pursuant  to  paragraph  (t)  of  subdivision two of
 section three hundred sixty-five-a of the social services law;
   (F) wheelchair evaluation services and eyeglass  dispensing  services;
 and
   (G)  immunization  services,  effective  for  services rendered on and
 after June tenth, two thousand nine.
   § 5. Paragraph (h) of subdivision 2 of section  365-a  of  the  social
 services  law, as amended by chapter 220 of the laws of 2011, is amended
 to read as follows:
   (h) speech therapy, and when provided at the direction of a  physician
 or nurse practitioner, physical therapy including related rehabilitative
 services and occupational therapy; provided, however, that speech thera-
 py[,  physical therapy] and occupational therapy [each] shall be limited
 to coverage of twenty visits per year; PHYSICAL THERAPY SHALL BE LIMITED
 TO COVERAGE OF FORTY VISITS PER YEAR; such limitation shall not apply to
 persons with developmental disabilities or,  notwithstanding  any  other
 provision  of law to the contrary, to persons with traumatic brain inju-
 ry;
   § 6. This act shall take effect immediately.
 
                                  PART B
 
   Section 1. Subdivision 2-c of section 2808 of the public health law is
 amended by adding a new paragraph (g) to read as follows:
   (G) THE COMMISSIONER SHALL REDUCE MEDICAID REVENUE  TO  A  RESIDENTIAL
 HEALTH  CARE FACILITY IN A PAYMENT YEAR BY TWO PERCENT IF IN EACH OF THE
 TWO MOST RECENT PAYMENT YEARS FOR WHICH  NEW  YORK  STATE  NURSING  HOME
 QUALITY  INITIATIVE  DATA  IS  AVAILABLE, THE FACILITY WAS RANKED IN THE
 LOWEST TWO QUINTILES OF FACILITIES BASED ON  ITS  NURSING  HOME  QUALITY
 INITIATIVE  PERFORMANCE,  AND  WAS  RANKED IN THE LOWEST QUINTILE IN THE
 MOST RECENT PAYMENT YEAR. THE COMMISSIONER MAY WAIVE THE APPLICATION  OF
 THIS  PARAGRAPH  TO  A  FACILITY IF THE COMMISSIONER DETERMINES THAT THE
 FACILITY IS IN EXTREME FINANCIAL DISTRESS.
   § 2. Subdivision 3 of section 461-l of  the  social  services  law  is
 amended  by  adding four new paragraphs (k), (l), (m) and (n) to read as
 follows:
   (K)(I) EXISTING ASSISTED  LIVING  PROGRAM  PROVIDERS  LICENSED  ON  OR
 BEFORE  APRIL  FIRST,  TWO THOUSAND EIGHTEEN MAY APPLY TO THE DEPARTMENT
 FOR UP TO NINE ADDITIONAL ASSISTED LIVING PROGRAM BEDS, BY A DEADLINE TO
 BE DETERMINED BY THE DEPARTMENT. THE DEPARTMENT MAY UTILIZE AN EXPEDITED
 REVIEW PROCESS TO ALLOW ELIGIBLE APPLICANTS IN GOOD STANDING THE ABILITY
 TO BE LICENSED FOR THE ADDITIONAL BEDS WITHIN NINETY DAYS OF THE DEPART-
 MENT'S RECEIPT OF A SATISFACTORY APPLICATION.  ELIGIBLE  APPLICANTS  ARE
 THOSE  THAT: DO NOT REQUIRE MAJOR RENOVATION OR CONSTRUCTION; SERVE ONLY

 S. 7507--A                          9                         A. 9507--A
 
 PUBLIC PAY INDIVIDUALS; AND ARE IN SUBSTANTIAL COMPLIANCE WITH APPROPRI-
 ATE STATE AND LOCAL REQUIREMENTS AS DETERMINED BY THE DEPARTMENT.
   (II)  EXISTING ASSISTED LIVING PROGRAM PROVIDERS LICENSED ON OR BEFORE
 APRIL FIRST, TWO THOUSAND TWENTY MAY SUBMIT ADDITIONAL APPLICATIONS  FOR
 UP  TO  NINE  ADDITIONAL ASSISTED LIVING PROGRAM BEDS ON JUNE THIRTIETH,
 TWO THOUSAND TWENTY, AND BY A DEADLINE TO BE DETERMINED BY  THE  DEPART-
 MENT.  EVERY  TWO  YEARS  THEREAFTER,  EXISTING PROVIDERS LICENSED ON OR
 BEFORE APRIL FIRST OF SUCH YEAR MAY SUBMIT  SUCH  APPLICATIONS  ON  JUNE
 THIRTIETH  OF  SUCH  YEAR,  AND  BY  A  DEADLINE TO BE DETERMINED BY THE
 DEPARTMENT. THE NUMBER OF ADDITIONAL ASSISTED LIVING PROGRAM BEDS  SHALL
 BE BASED ON THE TOTAL NUMBER OF PREVIOUSLY AWARDED BEDS EITHER WITHDRAWN
 BY THE APPLICANT OR DENIED BY THE DEPARTMENT.
   (L)  THE  COMMISSIONER  OF  HEALTH  IS AUTHORIZED TO SOLICIT AND AWARD
 APPLICATIONS FOR UP TO A TOTAL  OF  FIVE  HUNDRED  NEW  ASSISTED  LIVING
 PROGRAM  BEDS IN THOSE COUNTIES WHERE THERE IS ONE OR NO ASSISTED LIVING
 PROGRAM PROVIDERS, PURSUANT TO CRITERIA TO BE DETERMINED BY THE  COMMIS-
 SIONER.
   (M)  THE  COMMISSIONER  OF  HEALTH  IS AUTHORIZED TO SOLICIT AND AWARD
 APPLICATIONS FOR UP TO FIVE HUNDRED NEW ASSISTED LIVING PROGRAM BEDS  IN
 COUNTIES  WHERE  UTILIZATION  OF  EXISTING  ASSISTED LIVING PROGRAM BEDS
 EXCEEDS EIGHTY-FIVE PERCENT. ALL APPLICANTS SHALL  COMPLY  WITH  FEDERAL
 HOME  AND  COMMUNITY-BASED SETTINGS REQUIREMENTS, AS SET FORTH IN 42 CFR
 PART 441 SUBPART G. TO BE ELIGIBLE FOR AN AWARD, AN APPLICANT MUST AGREE
 TO:
   (I) SERVE ONLY PUBLIC PAY INDIVIDUALS;
   (II) DEVELOP AND EXECUTE COLLABORATIVE AGREEMENTS  WITHIN  TWENTY-FOUR
 MONTHS  OF  AN  APPLICATION  BEING MADE TO THE DEPARTMENT, IN ACCORDANCE
 WITH GUIDANCE TO BE PUBLISHED BY THE DEPARTMENT, BETWEEN AT LEAST ONE OF
 EACH OF THE FOLLOWING ENTITIES: AN ADULT CARE  FACILITY;  A  RESIDENTIAL
 HEALTH CARE FACILITY; AND A GENERAL HOSPITAL;
   (III)  ENTER  INTO  AN AGREEMENT WITH AN EXISTING MANAGED CARE ENTITY;
 AND
   (IV) PARTICIPATE IN VALUE BASED PAYMENT MODELS, WHERE SUCH MODELS  ARE
 AVAILABLE FOR PARTICIPATION.
   (N)  THE  COMMISSIONER  OF HEALTH IS AUTHORIZED TO CREATE A PROGRAM TO
 SUBSIDIZE THE COST OF ASSISTED LIVING FOR THOSE INDIVIDUALS LIVING  WITH
 ALZHEIMER'S  DISEASE  AND  DEMENTIA  WHO  ARE  NOT  ELIGIBLE FOR MEDICAL
 ASSISTANCE PURSUANT TO TITLE ELEVEN OF ARTICLE FIVE OF THIS CHAPTER. THE
 PROGRAM SHALL AUTHORIZE  UP  TO  TWO  HUNDRED  VOUCHERS  TO  INDIVIDUALS
 THROUGH AN APPLICATION PROCESS AND PAY FOR UP TO SEVENTY-FIVE PERCENT OF
 THE  AVERAGE PRIVATE PAY RATE IN THE RESPECTIVE REGION. THE COMMISSIONER
 MAY PROPOSE RULES AND REGULATIONS TO EFFECTUATE THIS PROVISION.
   § 3. Subparagraph (i) of paragraph (b) of  subdivision  7  of  section
 4403-f of the public health law, as amended by section 41-b of part H of
 chapter 59 of the laws of 2011, is amended to read as follows:
   (i) The commissioner shall, to the extent necessary, submit the appro-
 priate waivers, including, but not limited to, those authorized pursuant
 to  sections  eleven hundred fifteen and nineteen hundred fifteen of the
 federal social security act, or  successor  provisions,  and  any  other
 waivers  necessary  to achieve the purposes of high quality, integrated,
 and cost effective care and integrated  financial  eligibility  policies
 under  the  medical assistance program or pursuant to title XVIII of the
 federal social security act. In addition, the commissioner is authorized
 to submit the appropriate waivers, including but not  limited  to  those
 authorized  pursuant  to  sections  eleven  hundred fifteen and nineteen
 hundred  fifteen  of  the  federal  social  security  act  or  successor

 S. 7507--A                         10                         A. 9507--A
 
 provisions, and any other waivers necessary to require on or after April
 first,  two thousand twelve, medical assistance recipients who are twen-
 ty-one years of age or older and who require community-based  long  term
 care  services,  as  specified  by  the  commissioner, for more than one
 hundred and twenty days, to receive such services through  an  available
 plan  certified  pursuant  to  this  section or other program model that
 meets guidelines specified by the commissioner that support coordination
 and integration of services. Such guidelines shall address the  require-
 ments  of  paragraphs (a), (b), (c), (d), (e), (f), (g), (h), and (i) of
 subdivision three of this section as well as payment methods that ensure
 provider accountability for cost effective quality outcomes. Such  other
 program  models  may  include  long  term home health care programs that
 comply with such guidelines. Copies of such original waiver applications
 and amendments thereto shall be provided to the  chairs  of  the  senate
 finance  committee, the assembly ways and means committee and the senate
 and assembly health committees simultaneously with their  submission  to
 the federal government.
   ON  OR  AFTER  OCTOBER  FIRST, TWO THOUSAND EIGHTEEN, THE COMMISSIONER
 MAY, THROUGH SUCH AN APPROVED WAIVER, LIMIT ENROLLMENT IN A PLAN  CERTI-
 FIED  UNDER  THIS  SECTION TO INDIVIDUALS WHO ACHIEVE A SCORE OF NINE OR
 ABOVE WHEN ASSESSED USING THE UNIFORM ASSESSMENT  SYSTEM  FOR  NEW  YORK
 ASSESSMENT  TOOL AND WHO REQUIRE COMMUNITY-BASED LONG TERM CARE SERVICES
 FOR A CONTINUOUS PERIOD OF MORE THAN ONE HUNDRED TWENTY  DAYS  FROM  THE
 DATE  OF  ENROLLMENT  AND  FROM  THE DATES WHEN CONTINUING ENROLLMENT IS
 REAUTHORIZED; HOWEVER,  MEDICAL  ASSISTANCE  RECIPIENTS  ENROLLED  IN  A
 MANAGED  LONG TERM CARE PLAN ON OCTOBER FIRST, TWO THOUSAND EIGHTEEN MAY
 CONTINUE TO BE ELIGIBLE FOR SUCH  PLANS,  IRRESPECTIVE  OF  WHETHER  THE
 ENROLLEE MEETS THESE LEVEL OF CARE REQUIREMENTS, PROVIDED THAT ONCE SUCH
 RECIPIENTS  ARE  DISENROLLED FROM THEIR MANAGED LONG TERM CARE PLAN, ANY
 APPLICABLE LEVEL OF CARE REQUIREMENTS WOULD APPLY TO FUTURE  ELIGIBILITY
 DETERMINATIONS.
   §  4. Subparagraphs (vii) and (viii) of paragraph (b) of subdivision 7
 of section 4403-f of the public health law are redesignated as  subpara-
 graphs  (viii) and (ix) and a new subparagraph (vii) is added to read as
 follows:
   (VII) IF ANOTHER MANAGED LONG TERM  CARE  PLAN  CERTIFIED  UNDER  THIS
 SECTION  IS  AVAILABLE, MEDICAL ASSISTANCE RECIPIENTS REQUIRED TO ENROLL
 IN SUCH PLANS PURSUANT TO THIS SECTION MAY CHANGE  PLANS  WITHOUT  CAUSE
 WITHIN  THIRTY  DAYS OF NOTIFICATION OF ENROLLMENT OR THE EFFECTIVE DATE
 OF ENROLLMENT INTO A PLAN, WHICHEVER IS LATER, BY MAKING  A  REQUEST  OF
 THE  LOCAL  SOCIAL SERVICES DISTRICT OR ENTITY DESIGNATED BY THE DEPART-
 MENT, EXCEPT THAT SUCH PERIOD SHALL BE FORTY-FIVE  DAYS  FOR  RECIPIENTS
 WHO HAVE BEEN ASSIGNED TO A PROVIDER BY THE COMMISSIONER. HOWEVER, AFTER
 SUCH THIRTY OR FORTY-FIVE DAY PERIOD, WHICHEVER IS APPLICABLE, A RECIPI-
 ENT  MAY  BE  PROHIBITED  FROM  CHANGING PLANS MORE FREQUENTLY THAN ONCE
 EVERY TWELVE MONTHS, AS PERMITTED BY FEDERAL LAW, EXCEPT FOR GOOD  CAUSE
 AS DETERMINED BY THE COMMISSIONER.
   §  5. Clauses 11 and 12 of subparagraph (v) of paragraph (b) of subdi-
 vision 7 of section 4403-f of the  public  health  law,  as  amended  by
 section  48  of part A of chapter 56 of the laws of 2013, are amended to
 read as follows:
   (11) a person who is eligible for medical assistance pursuant to para-
 graph (b) of subdivision four of section three hundred sixty-six of  the
 social services law; [and]
   (12) Native Americans; AND

 S. 7507--A                         11                         A. 9507--A
 
   (13)  A  PERSON  WHO  IS  PERMANENTLY  PLACED  IN A NURSING HOME FOR A
 CONSECUTIVE PERIOD OF SIX MONTHS OR MORE.
   §  6.  Paragraph  (a)  of  subdivision  3 of section 366 of the social
 services law is REPEALED and a new paragraph (a) is  added  to  read  as
 follows:
   (A) MEDICAL ASSISTANCE SHALL BE FURNISHED WITHOUT CONSIDERATION OF THE
 INCOME  AND  RESOURCES OF AN APPLICANT'S LEGALLY RESPONSIBLE RELATIVE IF
 THE APPLICANT'S ELIGIBILITY WOULD NORMALLY BE  DETERMINED  BY  COMPARING
 THE  AMOUNT  OF  AVAILABLE  INCOME  AND/OR  RESOURCES  OF THE APPLICANT,
 INCLUDING AMOUNTS DEEMED AVAILABLE TO THE APPLICANT FROM LEGALLY RESPON-
 SIBLE RELATIVES, TO AN APPLICABLE ELIGIBILITY STANDARD, AND:
   (1) (I) THE LEGALLY RESPONSIBLE RELATIVE IS  A  COMMUNITY  SPOUSE,  AS
 DEFINED IN SECTION THREE HUNDRED SIXTY-SIX-C OF THIS TITLE;
   (II)  SUCH  RELATIVE  IS  REFUSING  TO  MAKE  HIS OR HER INCOME AND/OR
 RESOURCES  AVAILABLE  TO  MEET  THE  COST  OF  NECESSARY  MEDICAL  CARE,
 SERVICES, AND SUPPLIES; AND
   (III)  THE APPLICANT EXECUTES AN ASSIGNMENT OF SUPPORT FROM THE COMMU-
 NITY SPOUSE IN FAVOR OF THE SOCIAL SERVICES DISTRICT AND THE DEPARTMENT,
 UNLESS THE APPLICANT IS UNABLE TO EXECUTE SUCH ASSIGNMENT DUE  TO  PHYS-
 ICAL  OR  MENTAL  IMPAIRMENT OR TO DENY ASSISTANCE WOULD CREATE AN UNDUE
 HARDSHIP, AS DEFINED BY THE COMMISSIONER; OR
   (2) THE LEGALLY RESPONSIBLE RELATIVE IS ABSENT  FROM  THE  APPLICANT'S
 HOUSEHOLD,  AND  FAILS  OR  REFUSES  TO  MAKE  HIS  OR HER INCOME AND/OR
 RESOURCES  AVAILABLE  TO  MEET  THE  COST  OF  NECESSARY  MEDICAL  CARE,
 SERVICES, AND SUPPLIES.
   IN SUCH CASES, HOWEVER, THE FURNISHING OF SUCH ASSISTANCE SHALL CREATE
 AN  IMPLIED  CONTRACT  WITH  SUCH  RELATIVE, AND THE COST THEREOF MAY BE
 RECOVERED FROM SUCH RELATIVE IN ACCORDANCE WITH  TITLE  SIX  OF  ARTICLE
 THREE OF THIS CHAPTER AND OTHER APPLICABLE PROVISIONS OF LAW.
   §  7.  Subparagraph  (i)  of paragraph (d) of subdivision 2 of section
 366-c of the social services law is amended by adding a new  clause  (C)
 to read as follows:
   (C)  ON AND AFTER JULY FIRST, TWO THOUSAND EIGHTEEN, TWENTY-FOUR THOU-
 SAND ONE HUNDRED EIGHTY  DOLLARS  OR  SUCH  GREATER  AMOUNT  AS  MAY  BE
 REQUIRED UNDER FEDERAL LAW;
   §  8.  Subdivision  1  of  section 367-a of the social services law is
 amended by adding a new paragraph (h) to read as follows:
   (H) AMOUNTS PAYABLE UNDER THIS TITLE FOR  MEDICAL  ASSISTANCE  IN  THE
 FORM OF FREESTANDING CLINIC SERVICES PURSUANT TO ARTICLE TWENTY-EIGHT OF
 THE  PUBLIC HEALTH LAW PROVIDED TO ELIGIBLE PERSONS PARTICIPATING IN THE
 NEW YORK TRAUMATIC BRAIN INJURY WAIVER PROGRAM WHO  ARE  ALSO  BENEFICI-
 ARIES  UNDER PART B OF TITLE XVIII OF THE FEDERAL SOCIAL SECURITY ACT OR
 WHO ARE QUALIFIED MEDICARE BENEFICIARIES UNDER PART B OF TITLE XVIII  OF
 SUCH  ACT SHALL NOT BE LESS THAN THE APPROVED MEDICAL ASSISTANCE PAYMENT
 LEVEL LESS THE AMOUNT PAYABLE UNDER PART B.
   § 9. The commissioner of health shall conduct  a  study  of  home  and
 community based services available to recipients of the Medicaid program
 in rural areas of the state. Such study shall include a review and anal-
 ysis  of  factors affecting such availability, including but not limited
 to transportation costs, costs of direct care personnel  including  home
 health  aides, personal care attendants and other direct service person-
 nel, opportunities for telehealth services, and  technological  advances
 to  improve  efficiencies. Consistent with the results of the study, the
 commissioner of health is authorized to provide a targeted Medicaid rate
 enhancement to fee-for-service personal care rates and rates under Medi-
 caid waiver programs such as the nursing home transition  and  diversion

 S. 7507--A                         12                         A. 9507--A
 
 waiver  and  the  traumatic brain injury program waiver, in an aggregate
 amount of three million dollars minus the cost of conducting the  study;
 provided further, that nothing in this section shall be deemed to affect
 payment  for  the  costs  of  the  study  and  any related Medicaid rate
 enhancement if federal participation is not available for such costs.
   § 10. This act shall take effect immediately; provided, however,  that
 the  amendments made to paragraph (b) of subdivision 7 of section 4403-f
 of the public health law made by sections three, four and five  of  this
 act shall not affect the expiration of such paragraph pursuant to subdi-
 vision  (i)  of section 111 of part H of chapter 59 of the laws of 2011,
 as amended, and shall be deemed to expire therewith; provided,  further,
 that  the amendments to paragraph (b) of subdivision 7 of section 4403-f
 of the public health law made by sections three, four and five  of  this
 act  shall not affect the repeal of such section pursuant to chapter 659
 of the laws of 1997, as amended, and shall be deemed repealed therewith;
 provided, further, that section four of this act shall  take  effect  on
 October 1, 2018.
 
                                  PART C
 
   Section  1. Subdivision 2 of section 365-l of the social services law,
 as amended by section 1 of part S of chapter 57 of the laws of 2017,  is
 amended to read as follows:
   2.  In  addition to payments made for health home services pursuant to
 subdivision one of this section, the commissioner is authorized  to  pay
 additional  amounts:  (A) to providers of health home services that meet
 process or outcome standards specified by the commissioner; AND  (B)  TO
 MEDICAID  MANAGED  CARE ENROLLEES WHO ARE MEMBERS OF HEALTH HOMES IN THE
 FORM OF INCENTIVE PAYMENTS TO REWARD SUCH ENROLLEES FOR PARTICIPATING IN
 WELLNESS ACTIVITIES AND FOR AVOIDING  UNNECESSARY  HOSPITALIZATIONS  AND
 UNNECESSARY  UTILIZATION OF HOSPITAL EMERGENCY DEPARTMENT SERVICES. Such
 additional amounts may be paid with state funds only if  federal  finan-
 cial participation for such payments is unavailable.
   §  2.  Section 365-l of the social services law is amended by adding a
 new subdivision 2-d to read as follows:
   2-D. THE COMMISSIONER SHALL ESTABLISH TARGETS FOR HEALTH HOME  PARTIC-
 IPATION  BY  ENROLLEES  OF  SPECIAL  NEEDS MANAGED CARE PLANS DESIGNATED
 PURSUANT TO SUBDIVISION FOUR OF SECTION THREE  HUNDRED  SIXTY-FIVE-M  OF
 THIS  TITLE  AND  BY  HIGH-RISK ENROLLEES OF OTHER MEDICAID MANAGED CARE
 PLANS OPERATING PURSUANT TO SECTION THREE HUNDRED SIXTY-FOUR-J  OF  THIS
 TITLE,  AND  SHALL REQUIRE THE MANAGED CARE PROVIDERS TO WORK COLLABORA-
 TIVELY WITH HEALTH HOMES TO ACHIEVE SUCH TARGETS. THE  COMMISSIONER  MAY
 ASSESS  PENALTIES  UNDER THIS SUBDIVISION AGAINST MANAGED CARE PROVIDERS
 THAT FAIL TO MEET THE PARTICIPATION TARGETS ESTABLISHED PURSUANT TO THIS
 SUBDIVISION, EXCEPT THAT MANAGED CARE PROVIDERS SHALL NOT  BE  PENALIZED
 FOR  THE FAILURE OF A HEALTH HOME TO WORK COLLABORATIVELY TOWARD MEETING
 THE PARTICIPATION TARGETS.
   § 3. Subdivision 6 of section  2899  of  the  public  health  law,  as
 amended  by  chapter  471  of  the  laws  of 2016, is amended to read as
 follows:
   6. "Provider" shall mean (A)  any  residential  health  care  facility
 licensed  under  article  twenty-eight of this chapter; or any certified
 home health agency, licensed home care services agency or long term home
 health care program certified under article thirty-six of this  chapter;
 any hospice program certified pursuant to article forty of this chapter;
 or  any  adult  home,  enriched  housing program or residence for adults

 S. 7507--A                         13                         A. 9507--A

 licensed under article seven of the social services law; OR (B) A HEALTH
 HOME, OR ANY SUBCONTRACTOR OF SUCH HEALTH HOME, WHO CONTRACTS WITH OR IS
 APPROVED OR OTHERWISE AUTHORIZED BY THE  DEPARTMENT  TO  PROVIDE  HEALTH
 HOME  SERVICES TO ALL THOSE ENROLLED PURSUANT TO A DIAGNOSIS OF A DEVEL-
 OPMENTAL DISABILITY AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03
 OF THE MENTAL HYGIENE LAW AND ENROLLEES WHO ARE UNDER  TWENTY-ONE  YEARS
 OF  AGE  UNDER SECTION THREE HUNDRED SIXTY-FIVE-L OF THE SOCIAL SERVICES
 LAW, OR ANY ENTITY THAT PROVIDES HOME AND COMMUNITY  BASED  SERVICES  TO
 ENROLLEES  WHO  ARE  UNDER TWENTY-ONE YEARS OF AGE UNDER A DEMONSTRATION
 PROGRAM PURSUANT TO SECTION ELEVEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL
 SECURITY ACT.
   § 4. Paragraph (b) of subdivision 9 of section 2899-a  of  the  public
 health  law,  as added by chapter 331 of the laws of 2006, is amended to
 read as follows:
   (b) Residential health care facilities licensed  pursuant  to  article
 twenty-eight of this chapter and certified home health care agencies and
 long-term  home  health  care programs certified or approved pursuant to
 article thirty-six of this chapter OR A HEALTH HOME, OR ANY  SUBCONTRAC-
 TOR  OF SUCH HEALTH HOME, WHO CONTRACTS WITH OR IS APPROVED OR OTHERWISE
 AUTHORIZED BY THE DEPARTMENT TO PROVIDE  HEALTH  HOME  SERVICES  TO  ALL
 THOSE  ENROLLED PURSUANT TO A DIAGNOSIS OF A DEVELOPMENTAL DISABILITY AS
 DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL  HYGIENE
 LAW  AND  ENROLLEES  WHO ARE UNDER TWENTY-ONE YEARS OF AGE UNDER SECTION
 THREE HUNDRED SIXTY-FIVE-L OF THE SOCIAL SERVICES  LAW,  OR  ANY  ENTITY
 THAT  PROVIDES  HOME  AND  COMMUNITY BASED SERVICES TO ENROLLEES WHO ARE
 UNDER TWENTY-ONE YEARS OF AGE UNDER A DEMONSTRATION PROGRAM PURSUANT  TO
 SECTION  ELEVEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT, may,
 subject to the availability of federal financial participation, claim as
 reimbursable costs under the medical assistance program, costs  reflect-
 ing  the  fee  established  pursuant  to law by the division of criminal
 justice services for processing a criminal  history  information  check,
 the  fee  imposed  by the federal bureau of investigation for a national
 criminal history check, and costs associated with obtaining the  finger-
 prints, provided, however, that for the purposes of determining rates of
 payment pursuant to article twenty-eight of this chapter for residential
 health  care  facilities,  such  reimbursable  fees  and  costs shall be
 reflected as timely as practicable in such rates within  the  applicable
 rate period.
   §  5.  Subdivision  10  of section 2899-a of the public health law, as
 amended by chapter 206 of the laws  of  2017,  is  amended  to  read  as
 follows:
   10.  Notwithstanding  subdivision  eleven  of  section  eight  hundred
 forty-five-b of the executive  law,  a  certified  home  health  agency,
 licensed home care services agency or long term home health care program
 certified, licensed or approved under article thirty-six of this chapter
 or  a  home  care services agency exempt from certification or licensure
 under article thirty-six of this chapter, a hospice program under  arti-
 cle forty of this chapter, or an adult home, enriched housing program or
 residence for adults licensed under article seven of the social services
 law,  OR  A  HEALTH  HOME, OR ANY SUBCONTRACTOR OF SUCH HEALTH HOME, WHO
 CONTRACTS WITH OR IS APPROVED OR OTHERWISE AUTHORIZED BY THE  DEPARTMENT
 TO  PROVIDE HEALTH HOME SERVICES TO ALL ENROLLEES ENROLLED PURSUANT TO A
 DIAGNOSIS OF A DEVELOPMENTAL DISABILITY AS DEFINED IN SUBDIVISION  TWEN-
 TY-TWO  OF  SECTION 1.03 OF THE MENTAL HYGIENE LAW AND ENROLLEES WHO ARE
 UNDER TWENTY-ONE YEARS OF AGE UNDER SECTION THREE  HUNDRED  SIXTY-FIVE-L
 OF  THE SOCIAL SERVICES LAW, OR ANY ENTITY THAT PROVIDES HOME AND COMMU-

 S. 7507--A                         14                         A. 9507--A
 
 NITY BASED SERVICES TO ENROLLEES WHO ARE UNDER TWENTY-ONE YEARS  OF  AGE
 UNDER A DEMONSTRATION PROGRAM PURSUANT TO SECTION ELEVEN HUNDRED FIFTEEN
 OF THE FEDERAL SOCIAL SECURITY ACT may temporarily approve a prospective
 employee while the results of the criminal history information check and
 the  determination  are  pending,  upon  the condition that the provider
 conducts appropriate direct observation and evaluation of the  temporary
 employee,  while he or she is temporarily employed, and the care recipi-
 ent. The results of such observations shall be documented in the  tempo-
 rary  employee's personnel file and shall be maintained. For purposes of
 providing  such  appropriate  direct  observation  and  evaluation,  the
 provider  shall  utilize  an individual employed by such provider with a
 minimum of  one  year's  experience  working  in  an  agency  certified,
 licensed  or  approved  under  article  thirty-six of this chapter or an
 adult home, enriched housing program or residence  for  adults  licensed
 under  article  seven  of the social services law, A HEALTH HOME, OR ANY
 SUBCONTRACTOR OF SUCH HEALTH HOME, WHO CONTRACTS WITH OR IS APPROVED  OR
 OTHERWISE  AUTHORIZED  BY THE DEPARTMENT TO PROVIDE HEALTH HOME SERVICES
 TO THOSE ENROLLED PURSUANT TO A DIAGNOSIS OF A DEVELOPMENTAL  DISABILITY
 AS  DEFINED  IN  SUBDIVISION  TWENTY-TWO  OF  SECTION 1.03 OF THE MENTAL
 HYGIENE LAW AND ENROLLEES WHO ARE UNDER TWENTY-ONE YEARS  OF  AGE  UNDER
 SECTION  THREE  HUNDRED  SIXTY-FIVE-L OF THE SOCIAL SERVICES LAW, OR ANY
 ENTITY THAT PROVIDES HOME AND COMMUNITY BASED SERVICES TO ENROLLEES  WHO
 ARE UNDER TWENTY-ONE YEARS OF AGE UNDER A DEMONSTRATION PROGRAM PURSUANT
 TO SECTION ELEVEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT. If
 the  temporary  employee is working under contract with another provider
 certified, licensed or approved under article thirty-six of  this  chap-
 ter,  such contract provider's appropriate direct observation and evalu-
 ation of the temporary employee, shall be considered sufficient for  the
 purposes of complying with this subdivision.
   §  6.  Subdivision  3  of section 424-a of the social services law, as
 amended by section 3 of part Q of chapter 56 of the  laws  of  2017,  is
 amended to read as follows:
   3.  For  purposes  of  this  section, the term "provider" or "provider
 agency" shall mean: an authorized agency; the  office  of  children  and
 family  services;  juvenile  detention facilities subject to the certif-
 ication of the office of children and family services;  programs  estab-
 lished pursuant to article nineteen-H of the executive law; non-residen-
 tial  or  residential programs or facilities licensed or operated by the
 office of mental health or the  office  for  people  with  developmental
 disabilities  except family care homes; licensed child day care centers,
 including head start programs which are funded pursuant to  title  V  of
 the  federal economic opportunity act of nineteen hundred sixty-four, as
 amended; early intervention  service  established  pursuant  to  section
 twenty-five  hundred  forty of the public health law; preschool services
 established pursuant to section forty-four hundred ten of the  education
 law;  school-age  child  care  programs; special act school districts as
 enumerated in chapter five hundred sixty-six of  the  laws  of  nineteen
 hundred sixty-seven, as amended; programs and facilities licensed by the
 office  of  alcoholism and substance abuse services; residential schools
 which are operated, supervised or approved by the education  department;
 HEALTH  HOMES, OR ANY SUBCONTRACT OR OF SUCH HEALTH HOMES, WHO CONTRACTS
 WITH OR IS APPROVED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT OF  HEALTH
 TO  PROVIDE  HEALTH  HOME  SERVICES  TO ALL THOSE ENROLLED PURSUANT TO A
 DIAGNOSIS OF A DEVELOPMENTAL DISABILITY AS DEFINED IN SUBDIVISION  TWEN-
 TY-TWO  OF  SECTION 1.03 OF THE MENTAL HYGIENE LAW AND ENROLLEES WHO ARE
 UNDER TWENTY-ONE YEARS OF AGE UNDER SECTION THREE  HUNDRED  SIXTY-FIVE-L

 S. 7507--A                         15                         A. 9507--A
 
 OF  THIS  CHAPTER,  OR ANY ENTITY THAT PROVIDES HOME AND COMMUNITY BASED
 SERVICES TO ENROLLEES WHO ARE UNDER TWENTY-ONE  YEARS  OF  AGE  UNDER  A
 DEMONSTRATION  PROGRAM PURSUANT TO SECTION ELEVEN HUNDRED FIFTEEN OF THE
 FEDERAL  SOCIAL  SECURITY  ACT;  publicly-funded  emergency shelters for
 families with children, provided, however, for purposes of this section,
 when the provider or provider  agency  is  a  publicly-funded  emergency
 shelter  for families with children, then all references in this section
 to the "potential for regular and substantial contact  with  individuals
 who  are  cared  for by the agency" shall mean the potential for regular
 and substantial contact with children who are served  by  such  shelter;
 and  any  other  facility  or provider agency, as defined in subdivision
 four of section four hundred eighty-eight of this chapter, in regard  to
 the  employment  of staff, or use of providers of goods and services and
 staff of such providers, consultants, interns and volunteers.
   § 7. Paragraph (a) of subdivision 1  of  section  413  of  the  social
 services  law,  as  amended  by section 2 of part Q of chapter 56 of the
 laws of 2017, is amended to read as follows:
   (a) The following persons and officials  are  required  to  report  or
 cause  a  report to be made in accordance with this title when they have
 reasonable cause to suspect that a child coming  before  them  in  their
 professional  or  official capacity is an abused or maltreated child, or
 when they have reasonable cause to suspect that a child is an abused  or
 maltreated  child  where the parent, guardian, custodian or other person
 legally responsible for such child comes before them  in  their  profes-
 sional  or  official  capacity and states from personal knowledge facts,
 conditions or circumstances which, if correct, would render the child an
 abused or maltreated child: any physician; registered physician  assist-
 ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 psychologist; registered nurse; social worker; emergency medical techni-
 cian;  licensed  creative  arts  therapist; licensed marriage and family
 therapist; licensed mental  health  counselor;  licensed  psychoanalyst;
 licensed  behavior analyst; certified behavior analyst assistant; hospi-
 tal personnel engaged in the admission, examination, care  or  treatment
 of  persons;  a  Christian  Science practitioner; school official, which
 includes but is not limited to school teacher, school  guidance  counse-
 lor,  school  psychologist,  school  social worker, school nurse, school
 administrator or other school personnel required to hold a  teaching  or
 administrative  license  or  certificate;  full or part-time compensated
 school employee required to hold a temporary coaching license or profes-
 sional coaching certificate; social services worker; employee of a publ-
 icly-funded emergency shelter for families with children; director of  a
 children's overnight camp, summer day camp or traveling summer day camp,
 as  such camps are defined in section thirteen hundred ninety-two of the
 public health law; day care center worker; school-age child care worker;
 provider of family or group family day care; employee or volunteer in  a
 residential  care  facility  for children that is licensed, certified or
 operated by the office of children and family  services;  or  any  other
 child  care or foster care worker; mental health professional; substance
 abuse counselor; alcoholism counselor; all persons credentialed  by  the
 office of alcoholism and substance abuse services; EMPLOYEES OF A HEALTH
 HOME  OR  HEALTH  HOME  CARE MANAGEMENT AGENCY CONTRACTING WITH A HEALTH
 HOME AS DESIGNATED BY THE DEPARTMENT  OF  HEALTH  AND  AUTHORIZED  UNDER
 SECTION THREE HUNDRED SIXTY-FIVE-L OF THIS CHAPTER OR SUCH EMPLOYEES WHO
 PROVIDE  HOME AND COMMUNITY BASED SERVICES UNDER A DEMONSTRATION PROGRAM
 PURSUANT TO SECTION ELEVEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL SECURI-

 S. 7507--A                         16                         A. 9507--A
 
 TY ACT; peace officer; police officer; district  attorney  or  assistant
 district  attorney;  investigator  employed  in the office of a district
 attorney; or other law enforcement official.
   §  8.  Section 364-j of the social services law is amended by adding a
 new subdivision 34 to read as follows:
   34. (A) THE COMMISSIONER MAY, IN HIS OR HER DISCRETION,  APPLY  PENAL-
 TIES  TO MANAGED CARE PROVIDERS THAT DO NOT SUBMIT A PERFORMING PROVIDER
 SYSTEM PARTNERSHIP PLAN BY JULY FIRST, TWO THOUSAND EIGHTEEN, IN ACCORD-
 ANCE WITH ANY SUBMISSION GUIDELINES ISSUED BY THE DEPARTMENT PRIOR THER-
 ETO. FOR PURPOSES OF THIS SUBDIVISION, "PERFORMING PROVIDER SYSTEM PART-
 NERSHIP PLAN" SHALL MEAN A PLAN SUBMITTED BY SUCH MANAGED CARE PROVIDERS
 TO THE DEPARTMENT THAT INCLUDES BOTH SHORT AND LONG TERM APPROACHES  FOR
 EFFECTIVE  COLLABORATION WITH EACH PERFORMING PROVIDER SYSTEM WITHIN ITS
 SERVICE AREA.
   (B) SUCH PENALTIES SHALL BE AS FOLLOWS:  FOR  MANAGED  CARE  PROVIDERS
 THAT  DO  NOT  SUBMIT  A  PERFORMING PROVIDER SYSTEM PARTNERSHIP PLAN IN
 ACCORDANCE WITH THIS SUBDIVISION, MEDICAID PREMIUMS SHALL BE REDUCED  BY
 EIGHTY-FIVE ONE-HUNDREDTHS OF ONE PERCENT FOR THE RATE PERIOD FROM APRIL
 FIRST,  TWO  THOUSAND  EIGHTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND
 NINETEEN.
   § 9. This act shall take effect immediately; provided,  however,  that
 the  amendments  made  to  subdivision  6  of section 2899 of the public
 health law made by section three of this act shall take  effect  on  the
 same date and in the same manner as section 8 of chapter 471 of the laws
 of 2016, as amended, takes effect and shall not affect the expiration of
 such  subdivision  and  shall  be  deemed  expired  therewith;  provided
 further, however, that the amendments  made  to  section  364-j  of  the
 social  services  law made by section eight of this act shall not affect
 the repeal of such section and shall be deemed repealed therewith.
 
                                  PART D
 
   Section 1.  Paragraph (d) of subdivision 9 of  section  367-a  of  the
 social  services law, as amended by section 7 of part D of chapter 57 of
 the laws of 2017, is amended to read as follows:
   (d) In addition to the amounts paid pursuant to paragraph (b) of  this
 subdivision, the department shall pay a professional pharmacy dispensing
 fee  for each such drug dispensed in the amount of ten dollars AND EIGHT
 CENTS per prescription or written order  of  a  practitioner;  provided,
 however  that  this  professional dispensing fee will not apply to drugs
 that are available without a prescription as required by section  sixty-
 eight hundred ten of the education law but do not meet the definition of
 a  covered outpatient drug pursuant to Section 1927K of the Social Secu-
 rity Act.
   § 2.  Paragraph (a) of subdivision 4 of section 365-a  of  the  social
 services  law, as amended by chapter 493 of the laws of 2010, is amended
 to read as follows:
   (a) drugs which may be dispensed without a prescription as required by
 section sixty-eight hundred ten of the education law; provided, however,
 that the state commissioner of health may by regulation specify  certain
 of  such  drugs which may be reimbursed as an item of medical assistance
 in accordance with the price schedule established by such  commissioner.
 Notwithstanding any other provision of law, [additions] MODIFICATIONS to
 the  list  of  drugs  reimbursable  under this paragraph may be filed as
 regulations by the commissioner  of  health  without  prior  notice  and
 comment;

 S. 7507--A                         17                         A. 9507--A
 
   §  3.  Paragraph  (c)  of subdivision 6 of section 367-a of the social
 services law is amended by adding a new  subparagraph  (v)  to  read  as
 follows:
   (V) NOTWITHSTANDING ANY OTHER PROVISION OF THIS PARAGRAPH, CO-PAYMENTS
 CHARGED  FOR  DRUGS  DISPENSED  WITHOUT  A  PRESCRIPTION  AS REQUIRED BY
 SECTION SIXTY-EIGHT HUNDRED TEN OF THE EDUCATION LAW BUT WHICH ARE REIM-
 BURSED AS AN ITEM OF MEDICAL ASSISTANCE PURSUANT  TO  PARAGRAPH  (A)  OF
 SUBDIVISION  FOUR  OF  SECTION  THREE HUNDRED SIXTY-FIVE-A OF THIS TITLE
 SHALL BE ONE DOLLAR.
   § 4.  Paragraph (b) of subdivision 3 of  section  273  of  the  public
 health  law,  as added by section 10 of part C of chapter 58 of the laws
 of 2005, is amended to read as follows:
   (b) In the event that the patient does not meet the criteria in  para-
 graph  (a)  of  this  subdivision, the prescriber may provide additional
 information to the program to justify the use  of  a  prescription  drug
 that  is  not  on  the  preferred drug list. The program shall provide a
 reasonable opportunity for a prescriber to reasonably present his or her
 justification of prior authorization. [If, after consultation  with  the
 program, the prescriber, in his or her reasonable professional judgment,
 determines  that  the  use  of  a  prescription  drug that is not on the
 preferred drug list is warranted, the prescriber's  determination  shall
 be  final.] THE PROGRAM WILL CONSIDER THE ADDITIONAL INFORMATION AND THE
 JUSTIFICATION PRESENTED TO DETERMINE WHETHER THE USE OF  A  PRESCRIPTION
 DRUG THAT IS NOT ON THE PREFERRED DRUG LIST IS WARRANTED.
   §  5. Subdivisions 25 and 25-a of section 364-j of the social services
 law are REPEALED.
   § 6. The public health law is amended by adding a new section 280-c to
 read as follows:
   § 280-C. COMPREHENSIVE  MEDICATION  MANAGEMENT.  1.  DEFINITIONS.  FOR
 PURPOSES OF THIS SECTION:
   (A) QUALIFIED PHARMACIST. THE TERM "QUALIFIED PHARMACIST" SHALL MEAN A
 PHARMACIST  WHO  MAINTAINS  A  CURRENT  UNRESTRICTED LICENSE PURSUANT TO
 ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW, WHO HAS A MINIMUM
 OF TWO YEARS OF EXPERIENCE IN PATIENT CARE AS  A  PRACTICING  PHARMACIST
 WITHIN  THE  LAST FIVE YEARS, AND WHO HAS DEMONSTRATED COMPETENCY IN THE
 MEDICATION MANAGEMENT OF PATIENTS WITH A CHRONIC  DISEASE  OR  DISEASES,
 INCLUDING  BUT  NOT  LIMITED  TO, THE COMPLETION OF ONE OR MORE PROGRAMS
 WHICH ARE ACCREDITED BY THE ACCREDITATION COUNCIL  FOR  PHARMACY  EDUCA-
 TION,  RECOGNIZED  BY  THE  EDUCATION  DEPARTMENT  AND ACCEPTABLE TO THE
 PATIENT'S  TREATING PHYSICIAN.
   (B) COMPREHENSIVE MEDICATION MANAGEMENT. THE TERM "COMPREHENSIVE MEDI-
 CATION MANAGEMENT" SHALL MEAN A PROGRAM CONDUCTED BY A QUALIFIED PHARMA-
 CIST THAT ENSURES  A  PATIENT'S  MEDICATIONS,  WHETHER  PRESCRIPTION  OR
 NONPRESCRIPTION,  ARE INDIVIDUALLY ASSESSED TO DETERMINE THAT EACH MEDI-
 CATION IS APPROPRIATE FOR THE PATIENT, EFFECTIVE FOR THE MEDICAL  CONDI-
 TION,  SAFE  GIVEN  COMORBIDITIES AND OTHER MEDICATIONS BEING TAKEN, AND
 ABLE TO BE TAKEN BY THE PATIENT AS  INTENDED.  COMPREHENSIVE  MEDICATION
 MANAGEMENT  CONDUCTED BY A QUALIFIED PHARMACIST SHALL INCLUDE SHARING OF
 APPLICABLE PATIENT CLINICAL INFORMATION WITH THE TREATING  PHYSICIAN  AS
 SPECIFIED IN THE COMPREHENSIVE MEDICATION MANAGEMENT PROTOCOL.
   (C) COMPREHENSIVE MEDICATION MANAGEMENT PROTOCOL. THE TERM "COMPREHEN-
 SIVE  MEDICATION  MANAGEMENT PROTOCOL" MEANS A WRITTEN DOCUMENT PURSUANT
 TO AND CONSISTENT WITH ANY APPLICABLE STATE  AND  FEDERAL  REQUIREMENTS,
 THAT IS ENTERED INTO VOLUNTARILY BY EITHER A PHYSICIAN LICENSED PURSUANT
 TO ARTICLE ONE HUNDRED  THIRTY-ONE OF THE EDUCATION LAW OR A NURSE PRAC-
 TITIONER  CERTIFIED  PURSUANT  TO  SECTION SIXTY-NINE HUNDRED TEN OF THE

 S. 7507--A                         18                         A. 9507--A
 
 EDUCATION LAW, AND A QUALIFIED  PHARMACIST  WHICH  ADDRESSES  A  CHRONIC
 DISEASE  OR  DISEASES  AS  DETERMINED BY THE TREATING PHYSICIAN OR NURSE
 PRACTITIONER AND THAT DESCRIBES THE NATURE AND SCOPE OF  THE  COMPREHEN-
 SIVE  MEDICATION  MANAGEMENT  SERVICES  TO BE PERFORMED BY THE QUALIFIED
 PHARMACIST, IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.   COMPRE-
 HENSIVE   MEDICATION MANAGEMENT PROTOCOLS BETWEEN LICENSED PHYSICIANS OR
 NURSE PRACTITIONERS AND QUALIFIED PHARMACISTS SHALL BE MADE AVAILABLE TO
 THE  DEPARTMENT FOR REVIEW AND TO ENSURE COMPLIANCE WITH  THIS  ARTICLE,
 UPON REQUEST.
   2.  AUTHORIZATION  TO  ESTABLISH  COMPREHENSIVE  MEDICATION MANAGEMENT
 PROTOCOLS. A PHYSICIAN LICENSED PURSUANT TO ARTICLE ONE HUNDRED  THIRTY-
 ONE  OF  THE EDUCATION LAW OR A NURSE PRACTITIONER CERTIFIED PURSUANT TO
 SECTION SIXTY-NINE HUNDRED TEN OF THE EDUCATION LAW SHALL BE  AUTHORIZED
 TO  VOLUNTARILY ESTABLISH A COMPREHENSIVE MEDICATION MANAGEMENT PROTOCOL
 WITH A QUALIFIED PHARMACIST TO PROVIDE COMPREHENSIVE MEDICATION  MANAGE-
 MENT  SERVICES  FOR A PATIENT WHO HAS NOT MET CLINICAL GOALS OF THERAPY,
 IS AT RISK FOR HOSPITALIZATION, OR FOR WHOM THE PHYSICIAN OR NURSE PRAC-
 TITIONER DEEMS IT  IS  NECESSARY  TO  RECEIVE  COMPREHENSIVE  MEDICATION
 MANAGEMENT SERVICES. PARTICIPATION BY THE PATIENT IN COMPREHENSIVE MEDI-
 CATION MANAGEMENT SERVICES SHALL BE VOLUNTARY.
   3. SCOPE OF COMPREHENSIVE MEDICATION MANAGEMENT PROTOCOLS. (A) UNDER A
 COMPREHENSIVE  MEDICATION  MANAGEMENT  PROTOCOL,  A QUALIFIED PHARMACIST
 SHALL BE PERMITTED TO:
   (I) ADJUST OR MANAGE A DRUG REGIMEN FOR THE PATIENT, PURSUANT  TO  THE
 PATIENT SPECIFIC ORDER OR PROTOCOL ESTABLISHED BY THE PATIENT'S TREATING
 PHYSICIAN  OR  NURSE  PRACTITIONER,  WHICH  MAY  INCLUDE  ADJUSTING DRUG
 STRENGTH,  FREQUENCY  OF  ADMINISTRATION  OR  ROUTE  OF  ADMINISTRATION.
 ADJUSTING THE DRUG REGIMEN SHALL NOT INCLUDE SUBSTITUTING OR SELECTING A
 DIFFERENT  DRUG  WHICH  DIFFERS  FROM  THAT  INITIALLY PRESCRIBED BY THE
 PATIENT'S TREATING PHYSICIAN OR NURSE PRACTITIONER UNLESS  SUCH  SUBSTI-
 TUTION  IS  EXPRESSLY  AUTHORIZED IN THE WRITTEN ORDER OR PROTOCOL.  THE
 QUALIFIED PHARMACIST SHALL BE REQUIRED TO IMMEDIATELY  DOCUMENT  IN  THE
 PATIENT'S MEDICAL RECORD CHANGES MADE TO THE DRUG THERAPY. THE PATIENT'S
 TREATING  PHYSICIAN  OR  NURSE  PRACTITIONER  MAY  PROHIBIT,  BY WRITTEN
 INSTRUCTION, ANY ADJUSTMENT OR CHANGE IN THE PATIENT'S DRUG  REGIMEN  BY
 THE QUALIFIED PHARMACIST;
   (II) EVALUATE AND ONLY IF SPECIFICALLY AUTHORIZED BY THE PROTOCOL, AND
 ONLY  TO  THE EXTENT NECESSARY TO DISCHARGE THE RESPONSIBILITY SET FORTH
 IN THIS SECTION, ORDER OR PERFORM ROUTINE PATIENT  MONITORING  FUNCTIONS
 OR DISEASE STATE LABORATORY TESTS RELATED TO THE DRUG THERAPY COMPREHEN-
 SIVE  MEDICATION MANAGEMENT FOR THE SPECIFIC CHRONIC DISEASE OR DISEASES
 SPECIFIED WITHIN  THE  WRITTEN  AGREEMENT  OR  COMPREHENSIVE  MEDICATION
 MANAGEMENT PROTOCOL;
   (III) ONLY IF SPECIFICALLY AUTHORIZED BY THE WRITTEN ORDER OR PROTOCOL
 AND  ONLY  TO THE EXTENT NECESSARY TO DISCHARGE THE RESPONSIBILITIES SET
 FORTH IN THIS SECTION, ORDER OR PERFORM ROUTINE PATIENT MONITORING FUNC-
 TIONS AS MAY BE NECESSARY IN THE DRUG THERAPY MANAGEMENT, INCLUDING  THE
 COLLECTING  AND REVIEWING OF PATIENT HISTORIES, AND ORDERING OR CHECKING
 PATIENT VITAL  SIGNS,  INCLUDING  PULSE,  TEMPERATURE,  BLOOD  PRESSURE,
 WEIGHT AND RESPIRATION; AND
   (IV)  ACCESS  THE  COMPLETE  PATIENT  MEDICAL RECORD MAINTAINED BY THE
 TREATING PHYSICIAN OR NURSE PRACTITIONER WITH WHOM THE QUALIFIED PHARMA-
 CIST HAS THE COMPREHENSIVE  MEDICATION  MANAGEMENT  PROTOCOL  AND  SHALL
 DOCUMENT  ANY ADJUSTMENTS MADE PURSUANT TO THE PROTOCOL IN THE PATIENT'S
 MEDICAL RECORD AND SHALL NOTIFY  THE  PATIENT'S  TREATING  PHYSICIAN  OR

 S. 7507--A                         19                         A. 9507--A
 
 NURSE  PRACTITIONER OF ANY ADJUSTMENTS IN A TIMELY MANNER ELECTRONICALLY
 OR BY OTHER MEANS.
   (B) UNDER NO CIRCUMSTANCES SHALL THE QUALIFIED PHARMACIST BE PERMITTED
 TO  DELEGATE  COMPREHENSIVE  MEDICATION MANAGEMENT SERVICES TO ANY OTHER
 LICENSED PHARMACIST OR OTHER PHARMACY PERSONNEL.
   4. MEDICATION ADJUSTMENTS. ANY  MEDICATION  ADJUSTMENTS  MADE  BY  THE
 QUALIFIED PHARMACIST PURSUANT TO THE COMPREHENSIVE MEDICATION MANAGEMENT
 PROTOCOL,  INCLUDING ADJUSTMENTS IN DRUG STRENGTH, FREQUENCY OR ROUTE OF
 ADMINISTRATION, OR INITIATION OF A DRUG WHICH DIFFERS FROM THAT INITIAL-
 LY PRESCRIBED AND AS DOCUMENTED IN THE PATIENT MEDICAL RECORD, SHALL  BE
 DEEMED  AN  ORAL  PRESCRIPTION  AUTHORIZED  BY AN AGENT OF THE PATIENT'S
 TREATING PHYSICIAN OR NURSE PRACTITIONER AND SHALL BE DISPENSED CONSIST-
 ENT WITH SECTION SIXTY-EIGHT HUNDRED TEN OF THE EDUCATION LAW.  FOR  THE
 PURPOSES  OF  THIS  SECTION,  A PHARMACIST WHO IS NOT AN EMPLOYEE OF THE
 PHYSICIAN OR NURSE PRACTITIONER MAY BE AUTHORIZED TO SERVE AS  AN  AGENT
 OF THE PHYSICIAN OR NURSE PRACTITIONER.
   5.  REFERRALS.  A  PHYSICIAN  LICENSED PURSUANT TO ARTICLE ONE HUNDRED
 THIRTY-ONE OF THE EDUCATION LAW OR A NURSE PRACTITIONER CERTIFIED PURSU-
 ANT TO SECTION SIXTY-NINE HUNDRED TEN OF  THE  EDUCATION  LAW,  WHO  HAS
 RESPONSIBILITY  FOR  THE  TREATMENT  AND CARE OF A PATIENT FOR A CHRONIC
 DISEASE OR DISEASES AS DETERMINED BY THE PHYSICIAN OR NURSE PRACTITIONER
 MAY REFER THE PATIENT TO A QUALIFIED PHARMACIST FOR COMPREHENSIVE  MEDI-
 CATION  MANAGEMENT  SERVICES,  PURSUANT  TO THE COMPREHENSIVE MEDICATION
 MANAGEMENT PROTOCOL THAT THE PHYSICIAN OR NURSE PRACTITIONER HAS  ESTAB-
 LISHED  WITH  THE  QUALIFIED  PHARMACIST.  THE  PROTOCOL AGREEMENT SHALL
 AUTHORIZE THE PHARMACIST TO SERVE AS AN AGENT OF THE PHYSICIAN OR  NURSE
 PRACTITIONER  AS  DEFINED  BY THE PROTOCOL. SUCH REFERRAL SHALL BE DOCU-
 MENTED IN THE PATIENT'S MEDICAL RECORD.
   6. PATIENT PARTICIPATION. PARTICIPATION  IN  COMPREHENSIVE  MEDICATION
 MANAGEMENT SERVICES SHALL BE VOLUNTARY, AND NO PATIENT, PHYSICIAN, NURSE
 PRACTITIONER  OR PHARMACIST SHALL BE REQUIRED TO PARTICIPATE. THE REFER-
 RAL OF A PATIENT FOR COMPREHENSIVE MEDICATION  MANAGEMENT  SERVICES  AND
 THE  PATIENT'S  RIGHT TO CHOOSE NOT TO PARTICIPATE SHALL BE DISCLOSED TO
 THE PATIENT. COMPREHENSIVE MEDICATION MANAGEMENT SERVICES SHALL  NOT  BE
 UTILIZED  UNLESS  THE PATIENT OR THE PATIENT'S AUTHORIZED REPRESENTATIVE
 CONSENTS, IN WRITING, TO SUCH SERVICES. SUCH CONSENT SHALL BE  NOTED  IN
 THE PATIENT'S MEDICAL RECORD. IF THE PATIENT OR THE PATIENT'S AUTHORIZED
 REPRESENTATIVE  WHO  CONSENTED CHOOSES TO  NO LONGER PARTICIPATE IN SUCH
 SERVICES, AT ANY TIME, THE SERVICES SHALL BE DISCONTINUED AND  IT  SHALL
 BE NOTED IN THE PATIENT'S MEDICAL RECORD.
   §  7.  Subdivision  4  of  section 365-a of the social services law is
 amended by adding a new paragraph (h) to read as follows:
   (H) OPIOIDS PRESCRIBED TO A PATIENT INITIATING OR BEING MAINTAINED  ON
 OPIOID  TREATMENT  FOR  PAIN  WHICH HAS LASTED MORE THAN THREE MONTHS OR
 PAST THE TIME OF  NORMAL  TISSUE  HEALING,  UNLESS  THE  MEDICAL  RECORD
 CONTAINS  A WRITTEN TREATMENT PLAN THAT INCLUDES: GOALS FOR PAIN MANAGE-
 MENT AND FUNCTIONAL  IMPROVEMENT  BASED  ON  DIAGNOSIS;  INFORMATION  ON
 WHETHER  NON-OPIOID  THERAPIES  HAVE  BEEN  TRIED  AND  OPTIMIZED OR ARE
 CONTRAINDICATED; A STATEMENT THAT THE PRESCRIBER HAS  EXPLAINED  TO  THE
 PATIENT THE RISKS OF AND ALTERNATIVES TO OPIOID TREATMENT; AN EVALUATION
 OF  THE  PATIENT  FOR  RISK  FACTORS  OF  HARM AND MISUSE OF OPIOIDS; AN
 ASSESSMENT OF THE PATIENT'S ADHERENCE TO TREATMENT WITH RESPECT TO OTHER
 CONDITIONS TREATED BY THE SAME PROVIDER; THE SIGNATURE  OF  THE  PATIENT
 AND/OR AN ATTESTATION BY THE PRESCRIBER THAT THE PATIENT VERBALLY AGREED
 TO THE TREATMENT PLAN; AND ANY OTHER INFORMATION REQUIRED BY THE DEPART-
 MENT.   SUCH TREATMENT PLAN SHALL BE UPDATED TWICE WITHIN THE YEAR IMME-

 S. 7507--A                         20                         A. 9507--A
 
 DIATELY FOLLOWING ITS INITIATION AND ANNUALLY THEREAFTER.  THE  REQUIRE-
 MENTS  OF THIS PARAGRAPH SHALL NOT APPLY IN THE CASE OF PATIENTS WHO ARE
 BEING TREATED FOR CANCER THAT IS NOT IN REMISSION, WHO ARE IN HOSPICE OR
 OTHER END-OF-LIFE CARE, OR WHOSE PAIN IS BEING TREATED AS PART OF PALLI-
 ATIVE CARE PRACTICES.
   § 8. Subdivision 2 of section 280 of the public health law, as amended
 by  section 1 of part D of chapter 57 of the laws of 2017, is amended to
 read as follows:
   2. The commissioner shall establish  a  year  to  year  department  of
 health state-funds Medicaid drug spending growth target as follows:
   (a)  for  state fiscal year two thousand seventeen--two thousand eigh-
 teen, be limited to the ten-year rolling average of the  medical  compo-
 nent  of the consumer price index plus five percent and minus a pharmacy
 savings target of fifty-five million dollars; [and]
   (b) for state fiscal year two thousand  eighteen--two  thousand  nine-
 teen,  be  limited to the ten-year rolling average of the medical compo-
 nent of the consumer price index plus four percent and minus a  pharmacy
 savings target of eighty-five million dollars[.]; AND
   (C)  FOR STATE FISCAL YEAR TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY,
 BE LIMITED TO THE TEN-YEAR ROLLING AVERAGE OF THE MEDICAL  COMPONENT  OF
 THE  CONSUMER PRICE INDEX PLUS FOUR PERCENT AND MINUS A PHARMACY SAVINGS
 TARGET OF EIGHTY-FIVE MILLION DOLLARS.
   § 9. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2018; provided,
 however,  that sections two and three of this act shall take effect July
 1, 2018; and provided further, however, that the amendments to paragraph
 (d) of subdivision 9 and paragraph (c) of  subdivision  6    of  section
 367-a of the social services law made by sections one and three, respec-
 tively,  of  this  act shall not affect the expiration or repeal of such
 provisions and shall expire or be deemed repealed therewith.
 
                                  PART E

   Section 1. Subdivision 4 of section 365-h of the social services  law,
 as  separately  amended by section 50 of part B and section 24 of part D
 of chapter 57 of the laws of 2015, is amended to read as follows:
   4. The commissioner of health is authorized to  assume  responsibility
 from  a  local social services official for the provision and reimburse-
 ment of transportation costs under this  section.  If  the  commissioner
 elects  to assume such responsibility, the commissioner shall notify the
 local social services official in writing as to the election,  the  date
 upon  which  the  election shall be effective and such information as to
 transition of responsibilities as the commissioner  deems  prudent.  The
 commissioner  is authorized to contract with a transportation manager or
 managers to manage transportation services in any local social  services
 district,  other  than  transportation services provided or arranged for
 enrollees of [managed  long  term  care  plans  issued  certificates  of
 authority  under section forty-four hundred three-f of the public health
 law] A PROGRAM DESIGNATED AS A PROGRAM OF  ALL-INCLUSIVE  CARE  FOR  THE
 ELDERLY (PACE) AS AUTHORIZED BY FEDERAL PUBLIC LAW 105-33, SUBTITLE I OF
 TITLE IV OF THE BALANCED BUDGET ACT OF 1997.  Any transportation manager
 or  managers  selected  by  the  commissioner  to  manage transportation
 services shall have proven  experience  in  coordinating  transportation
 services in a geographic and demographic area similar to the area in New
 York  state  within  which  the contractor would manage the provision of
 services under this section. Such a contract or  contracts  may  include

 S. 7507--A                         21                         A. 9507--A
 
 responsibility  for:  review,  approval and processing of transportation
 orders; management of the appropriate level of transportation  based  on
 documented  patient  medical  need;  and development of new technologies
 leading to efficient transportation services. If the commissioner elects
 to assume such responsibility from a local social services district, the
 commissioner  shall examine and, if appropriate, adopt quality assurance
 measures that may include, but are not limited  to,  global  positioning
 tracking  system  reporting  requirements and service verification mech-
 anisms. Any and all  reimbursement  rates  developed  by  transportation
 managers  under  this  subdivision  shall  be  subject to the review and
 approval of the commissioner.
   § 2. The opening paragraph of  subdivision  1  and  subdivision  3  of
 section  367-s  of  the social services law, as amended by section 53 of
 part B of chapter 57 of the  laws  of  2015,  are  amended  to  read  as
 follows:
   Notwithstanding  any  provision of law to the contrary, a supplemental
 medical assistance payment shall be made on an annual basis to providers
 of emergency medical transportation services in an aggregate amount  not
 to exceed four million dollars for two thousand six, six million dollars
 for  two thousand seven, six million dollars for two thousand eight, six
 million dollars for the period May first, two thousand fourteen  through
 March thirty-first, two thousand fifteen, and six million dollars [annu-
 ally  beginning with] ON AN ANNUAL BASIS FOR the period April first, two
 thousand fifteen through  March  thirty-first,  two  thousand  [sixteen]
 EIGHTEEN pursuant to the following methodology:
   3. If all necessary approvals under federal law and regulation are not
 obtained  to  receive  federal  financial  participation in the payments
 authorized by this section, payments under this section shall be made in
 an aggregate amount not to exceed two million dollars for  two  thousand
 six, three million dollars for two thousand seven, three million dollars
 for  two thousand eight, three million dollars for the period May first,
 two thousand fourteen through March thirty-first, two thousand  fifteen,
 and  three  million dollars [annually beginning with] ON AN ANNUAL BASIS
 FOR the period April first, two thousand fifteen through  March  thirty-
 first,  two  thousand [sixteen] EIGHTEEN.   In such case, the multiplier
 set forth in paragraph (b) of subdivision one of this section  shall  be
 deemed  to be two million dollars or three million dollars as applicable
 to the annual period.
   § 3. Subdivision 5 of section 365-h of  the  social  services  law  is
 REPEALED.
   §  4.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2018; provided,
 however, that section one of this act shall take effect October 1, 2018;
 provided, further that the amendments to subdivision 4 of section  365-h
 of  the  social  services  law made by section one of this act shall not
 affect the repeal of  such  section  and  shall  expire  and  be  deemed
 repealed therewith.
 
                                  PART F

   Section  1. Notwithstanding any inconsistent provision of law, rule or
 regulation to the contrary, if a Medicaid managed care plan  or  managed
 long  term  care  plan  that  has been issued a certificate of authority
 pursuant to article 44 of the public health law and that  satisfies  the
 definition  of corporation in subparagraph 5 of paragraph (a) of section
 102 of the not-for-profit corporation law or  is  exempt  from  taxation

 S. 7507--A                         22                         A. 9507--A
 
 under  section 501 of the Internal Revenue Code of 1986 has an aggregate
 accumulated contingent reserve, across all  of  its  Medicaid  lines  of
 business,  in  an  amount  that  exceeds  the minimum contingent reserve
 amount  required by regulations of the department of health, the commis-
 sioner of health shall be authorized to make prospective adjustments  to
 the  Medicaid capitation rates of such plan and shall apply any relevant
 criteria as determined necessary in his or her discretion, in  order  to
 achieve  a  reduction in Medicaid reimbursement to the plan equal to the
 amount of the excess, or such lesser amount as determined by the commis-
 sioner of health.
   § 2. This act shall take effect April 1, 2018.
 
                                  PART G
 
   Section 1. The public health law is amended by adding  a  new  article
 29-J to read as follows:
                               ARTICLE 29-J
                HEALTH SERVICES OFFERED BY RETAIL PRACTICES
 SECTION 2999-HH. DEFINITIONS.
         2999-II. RETAIL PRACTICE SPONSORS.
         2999-JJ. RETAIL PRACTICES.
         2999-KK. ACCREDITATION.
         2999-LL. OTHER LAWS.
   § 2999-HH. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
   1. "REPORTABLE EVENT" SHALL MEAN:
   (A)  THE  TRANSFER  OF AN INDIVIDUAL WHO VISITS A RETAIL PRACTICE TO A
 HOSPITAL OR EMERGENCY DEPARTMENT DURING SUCH VISIT; OR
   (B) THE DEATH OF AN INDIVIDUAL WHO VISITS  A  RETAIL  PRACTICE  DURING
 SUCH VISIT.
   2.  "COLLABORATIVE  RELATIONSHIP"  SHALL MEAN AN ARRANGEMENT BETWEEN A
 RETAIL PRACTICE AND ONE OR MORE OF THE FOLLOWING ENTITIES LOCATED WITHIN
 THE SAME GEOGRAPHIC REGION AS THE RETAIL PRACTICE, DESIGNED  TO  FACILI-
 TATE  DEVELOPMENT  AND  IMPLEMENTATION  OF  STRATEGIES  THAT SUPPORT THE
 PROVISION OF COORDINATED  CARE  WITHIN  THE  POPULATION  SERVED  BY  THE
 PARTIES TO SUCH RELATIONSHIP:
   (A) A HOSPITAL LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAP-
 TER;
   (B) A PHYSICIAN PRACTICE;
   (C)  AN  ACCOUNTABLE  CARE  ORGANIZATION CERTIFIED PURSUANT TO ARTICLE
 TWENTY-NINE-E OF THIS CHAPTER; OR
   (D) A PERFORMING PROVIDER SYSTEM  UNDER  THE  DELIVERY  SYSTEM  REFORM
 INCENTIVE PAYMENT PROGRAM.
   3.  "RETAIL  HEALTH  SERVICES"  SHALL  MEAN  THE  SERVICES OFFERED AND
 PROVIDED BY A RETAIL PRACTICE.
   (A) RETAIL HEALTH SERVICES SHALL INCLUDE:
   (I) THE PROVISION OF TREATMENT AND  SERVICES  TO  PATIENTS  FOR  MINOR
 ACUTE EPISODIC ILLNESSES OR CONDITIONS;
   (II)  EPISODIC PREVENTIVE AND WELLNESS TREATMENTS AND SERVICES SUCH AS
 IMMUNIZATIONS, EXCEPT AS OTHERWISE SPECIFIED IN PARAGRAPH  (C)  OF  THIS
 SUBDIVISION;
   (III) TREATMENT AND SERVICES FOR MINOR TRAUMAS THAT ARE NOT REASONABLY
 LIKELY  TO  BE  LIFE  THREATENING OR POTENTIALLY DISABLING IF AMBULATORY
 CARE WITHIN THE CAPACITY OF THE RETAIL PRACTICE IS PROVIDED;
   (IV) ADMINISTRATION OF AN OPIOID ANTAGONIST IN THE EVENT OF  AN  EMER-
 GENCY; AND
   (V) LIMITED SCREENING AND REFERRAL FOR BEHAVIORAL HEALTH CONDITIONS.

 S. 7507--A                         23                         A. 9507--A
 
   (B)  RETAIL HEALTH SERVICES MAY INCLUDE LABORATORY TESTS AT THE OPTION
 OF THE RETAIL PRACTICE, PROVIDED THAT:
   (I)  SUCH  TESTS ARE ADMINISTERED SOLELY AS AN ADJUNCT TO TREATMENT OF
 PATIENTS VISITING THE RETAIL PRACTICE, WITH ALL SPECIMENS COLLECTED  AND
 TESTING PERFORMED ON-SITE;
   (II) SUCH TESTS ARE "WAIVED TESTS", MEANING A CLINICAL LABORATORY TEST
 THAT  HAS  BEEN  DESIGNATED  AS A WAIVED TEST OR IS OTHERWISE SUBJECT TO
 CERTIFICATE OF WAIVER REQUIREMENTS  PURSUANT  TO  THE  FEDERAL  CLINICAL
 LABORATORY IMPROVEMENT ACT OF NINETEEN HUNDRED EIGHTY-EIGHT, AS AMENDED;
 AND
   (III)  THE RETAIL PRACTICE OBTAINS APPROVAL FROM THE DEPARTMENT PURSU-
 ANT TO SECTION FIVE HUNDRED SEVENTY-NINE OF THIS CHAPTER.
   (C) RETAIL HEALTH SERVICES SHALL NOT INCLUDE:
   (I) THE PERFORMANCE OF PROCEDURES INVOLVING THE PROVISION OF  SEDATION
 OR ANESTHESIA;
   (II)  THE  PROVISION OF SERVICES TO PATIENTS TWENTY-FOUR MONTHS OF AGE
 OR YOUNGER;
   (III) THE PROVISION OF IMMUNIZATIONS TO PATIENTS  BETWEEN  TWENTY-FOUR
 MONTHS  AND  EIGHTEEN  YEARS  OF  AGE,  OTHER THAN IMMUNIZATIONS AGAINST
 INFLUENZA;
   (IV) SERVICES PROVIDED BY PHARMACISTS PURSUANT TO ARTICLE ONE  HUNDRED
 THIRTY-SEVEN OF THE EDUCATION LAW;
   (V)  HEALTH  SERVICES PROVIDED ON-SITE BY AN EMPLOYER TO ITS EMPLOYEES
 IN A RETAIL BUSINESS OPERATION;
   (V) HEALTH SERVICES PROVIDED ON A TIME-LIMITED BASIS SUCH AS FLU CLIN-
 ICS OR HEALTH FAIRS; OR
   (VI) EDUCATIONAL COURSES OFFERED  TO  INDIVIDUALS  ON  HEALTH  TOPICS,
 INCLUDING INSTRUCTION IN SELF-MANAGEMENT OF MEDICAL CONDITIONS.
   4. "RETAIL PRACTICE" SHALL MEAN AN ENTITY WHICH:
   (A) IS LOCATED WITHIN THE SPACE OF A RETAIL BUSINESS OPERATION OPEN TO
 THE  GENERAL  PUBLIC,  SUCH  THAT CUSTOMER ACCESS TO THE RETAIL PRACTICE
 LOCATION IS AVAILABLE WITHIN THE MAIN PREMISES OF THE RETAIL OPERATION;
   (B) PROVIDES RETAIL HEALTH SERVICES, AS DEFINED IN  SUBDIVISION  THREE
 OF THIS SECTION;
   (C)  IS  ESTABLISHED  AND  OVERSEEN  BY  A RETAIL PRACTICE SPONSOR, AS
 DEFINED IN SUBDIVISION FIVE OF THIS SECTION;
   (D) IS STAFFED AT ALL TIMES BY, AT A  MINIMUM,  ONE  OR  MORE  OF  THE
 FOLLOWING:    A PHYSICIAN LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIR-
 TY-ONE OF THE EDUCATION LAW, A PHYSICIAN ASSISTANT LICENSED PURSUANT  TO
 ARTICLE  ONE  HUNDRED  THIRTY-ONE-A OF THE EDUCATION LAW, AND/OR A NURSE
 PRACTITIONER LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-NINE OF THE
 EDUCATION LAW; PROVIDED THAT NO  MORE  THAN  FOUR  PHYSICIAN  ASSISTANTS
 EMPLOYED  BY  A  RETAIL PRACTICE SPONSOR SHALL BE SUPERVISED BY A SINGLE
 PHYSICIAN; AND
   (E) IS ACCREDITED AS SET FORTH IN SECTION TWENTY-NINE HUNDRED  NINETY-
 NINE-KK OF THIS ARTICLE.
   5.  "RETAIL  PRACTICE  SPONSOR"  SHALL MEAN AN ENTITY FORMED UNDER THE
 LAWS OF THE STATE OF NEW YORK, WHICH MAY INCLUDE STOCKHOLDERS OR MEMBERS
 WHICH ARE NOT NATURAL PERSONS, AND WHICH OPERATES  ONE  OR  MORE  RETAIL
 PRACTICES.   RETAIL PRACTICE SPONSORS MAY INCLUDE BUSINESS CORPORATIONS,
 AND GENERAL HOSPITALS,  NURSING  HOMES,  AND  DIAGNOSTIC  AND  TREATMENT
 CENTERS LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
   § 2999-II. RETAIL PRACTICE SPONSORS. 1. NOTWITHSTANDING ANY LAW TO THE
 CONTRARY, A RETAIL PRACTICE SPONSOR MAY OPERATE ONE OR MORE RETAIL PRAC-
 TICES TO PROVIDE RETAIL HEALTH SERVICES IN ACCORDANCE WITH THIS ARTICLE.
   2. A RETAIL PRACTICE SPONSOR SHALL:

 S. 7507--A                         24                         A. 9507--A
 
   (A)  EMPLOY OR OTHERWISE RETAIN THE SERVICES OF A MEDICAL DIRECTOR WHO
 IS LICENSED AND CURRENTLY REGISTERED TO PRACTICE MEDICINE IN  THE  STATE
 OF NEW YORK TO OVERSEE THE DEVELOPMENT OF AND ADHERENCE TO MEDICAL POLI-
 CIES  AND PROCEDURES USED IN THE RETAIL PRACTICES OPERATED BY THE RETAIL
 PRACTICE SPONSOR;
   (B)  ESTABLISH  AND  MAINTAIN POLICIES AND PROCEDURES REQUIRING RETAIL
 PRACTICES TO COMPLY WITH THE PROVISIONS OF SECTION  TWENTY-NINE  HUNDRED
 NINETY-NINE-JJ OF THIS ARTICLE;
   (C) NOTIFY THE DEPARTMENT WHEN IT IS PREPARED TO COMMENCE OPERATION OF
 A RETAIL PRACTICE BY:
   (I)  IDENTIFYING  THE  CORPORATE  NAME OF THE RETAIL PRACTICE SPONSOR,
 PROVIDING DOCUMENTATION OF ITS ORGANIZATION UNDER THE LAWS OF THE  STATE
 OF  NEW YORK, AND IDENTIFYING THE INDIVIDUAL WHO WILL SERVE AS THE POINT
 OF CONTACT BETWEEN THE RETAIL PRACTICE SPONSOR AND THE DEPARTMENT;
   (II) IDENTIFYING THE LOCATION OF THE RETAIL PRACTICE, THE SERVICES  TO
 BE  OFFERED  BY THE RETAIL PRACTICE, THE NAME OF THE INDIVIDUAL EMPLOYED
 WITH THE OVERALL RESPONSIBILITY FOR THE ON-SITE MANAGEMENT OF THE RETAIL
 PRACTICE, AND THE STAFFING PLAN FOR THE RETAIL PRACTICE;
   (III) IDENTIFYING THE ENTITIES WITH WHICH  THE  RETAIL  PRACTICE  WILL
 COLLABORATE  PURSUANT  TO SUBDIVISION TWO OF SECTION TWENTY-NINE HUNDRED
 NINETY-NINE-HH OF THIS ARTICLE; AND
   (IV) IDENTIFYING THE DATE ON WHICH  IT  ANTICIPATES  THAT  THE  RETAIL
 PRACTICE WILL BE OPEN FOR BUSINESS;
   (D)  PROMPTLY  UPDATE THE DEPARTMENT AS TO ANY CHANGES IN THE INFORMA-
 TION REQUIRED UNDER SUBDIVISION THREE OF THIS SECTION; AND
   (E) PROVIDE INFORMATION TO THE DEPARTMENT AT  A  FREQUENCY  AND  IN  A
 MANNER DETERMINED BY THE DEPARTMENT, WHICH AT A MINIMUM SHALL INCLUDE AN
 ANNUAL  REPORT  THAT PROVIDES DATA, FOR EACH RETAIL PRACTICE OPERATED BY
 THE RETAIL PRACTICE, ON:
   (I) THE NUMBER OF VISITS THAT OCCURRED DURING THE TIMEFRAME IDENTIFIED
 BY THE DEPARTMENT;
   (II) THE SERVICES PROVIDED TO PATIENTS;
   (III) THE SOURCE OF PAYMENT FOR SERVICES PROVIDED;
   (IV) THE NUMBER OF REFERRALS TO PRIMARY CARE PRACTITIONERS MADE; AND
   (V) THE NUMBER OF REPORTABLE EVENTS THAT OCCURRED.
   3. (A) IN DISCHARGING THE DUTIES OF THEIR  RESPECTIVE  POSITIONS,  THE
 BOARD  OF  DIRECTORS,  COMMITTEES OF THE BOARD, AND INDIVIDUAL DIRECTORS
 AND OFFICERS OF A RETAIL PRACTICE SPONSOR THAT OPERATES  THREE  OR  MORE
 RETAIL PRACTICES SHALL CONSIDER THE EFFECTS OF ANY ACTION UPON:
   (I) THE ABILITY OF THE BUSINESS CORPORATION TO ACCOMPLISH ITS PURPOSE;
   (II) THE SHAREHOLDERS OF THE BUSINESS CORPORATION;
   (III) THE INTERESTS OF PATIENTS OF THE RETAIL PRACTICES;
   (IV)  COMMUNITY  AND  SOCIETAL  CONSIDERATIONS, INCLUDING THOSE OF THE
 COMMUNITIES IN WHICH RETAIL PRACTICES ARE LOCATED.
   (B) THE CONSIDERATION OF INTERESTS AND FACTORS IN THE MANNER  REQUIRED
 IN PARAGRAPH (A) OF THIS SUBDIVISION:
   (I)  SHALL  NOT  CONSTITUTE  A  VIOLATION OF THE PROVISIONS OF SECTION
 SEVEN HUNDRED FIFTEEN OR SEVEN HUNDRED SEVENTEEN OF THE BUSINESS  CORPO-
 RATION LAW; AND
   (II)  IS IN ADDITION TO THE ABILITY OF DIRECTORS TO CONSIDER INTERESTS
 AND FACTORS AS PROVIDED IN SECTION SEVEN HUNDRED SEVENTEEN OF THE  BUSI-
 NESS CORPORATION LAW.
   (C) A RETAIL PRACTICE SPONSOR THAT OPERATES THREE OR MORE RETAIL PRAC-
 TICES SHALL PUBLISH ON A PUBLICLY AVAILABLE WEBSITE A DESCRIPTION OF HOW
 ITS OPERATION OF EXISTING AND PLANNED RETAIL PRACTICES:

 S. 7507--A                         25                         A. 9507--A
 
   (I)  WILL IMPROVE ACCESS TO SERVICES IN THE COMMUNITIES WHERE THEY ARE
 LOCATED;
   (II)  SUPPORTS  A COMMITMENT TO OFFER ASSISTANCE TO INDIVIDUALS WHO DO
 NOT HAVE HEALTH CARE COVERAGE;
   (III) SUPPORTS AN OVERALL COMMITMENT BY THE RETAIL PRACTICE SPONSOR TO
 OPERATE SOME OF ITS RETAIL PRACTICES IN MEDICALLY UNDERSERVED  AREAS  OF
 THE STATE AS DEFINED BY THE COMMISSIONER; AND
   (IV) WILL OTHERWISE BENEFIT THE COMMUNITIES WHERE THEY ARE LOCATED.
   §  2999-JJ.  RETAIL  PRACTICES. 1. RETAIL HEALTH SERVICES SHALL NOT BE
 PROVIDED IN A RETAIL BUSINESS OPERATION OPEN TO  THE  PUBLIC  EXCEPT  IN
 ACCORDANCE WITH THIS ARTICLE.
   2. NOTWITHSTANDING ANY LAW TO THE CONTRARY, A RETAIL PRACTICE SHALL:
   (A) PROVIDE RETAIL HEALTH SERVICES AND ONLY RETAIL HEALTH SERVICES;
   (B) PROVIDE TREATMENT WITHOUT DISCRIMINATION AS TO SOURCE OF PAYMENT;
   (C)  MAINTAIN  A  POLICY  OFFERING  A  SLIDING  SCALE  FOR PAYMENT FOR
 PATIENTS WHO DO NOT HAVE HEALTH CARE COVERAGE AND PUBLISH SUCH POLICY ON
 A PUBLICLY AVAILABLE WEBSITE;
   (D) PROVIDE TO PATIENTS WHO INDICATE THAT THEY DO NOT HAVE HEALTH CARE
 COVERAGE INFORMATION ON THE STATE HEALTH BENEFIT EXCHANGE, INCLUDING THE
 WEBSITE ADDRESS FOR THE EXCHANGE AND CONTACT INFORMATION FOR LOCAL NAVI-
 GATORS OFFERING IN-PERSON ENROLLMENT ASSISTANCE;
   (E) ACCEPT WALK-IN PATIENTS WITHOUT PREVIOUSLY SCHEDULED APPOINTMENTS;
   (F) OFFER BUSINESS HOURS FOR A MINIMUM OF TWELVE HOURS PER DAY AND SIX
 DAYS PER WEEK OR, IF THE RETAIL BUSINESS IN WHICH THE RETAIL PRACTICE IS
 LOCATED IS OPEN FOR LESS THAN TWELVE HOURS PER  DAY  AND  SIX  DAYS  PER
 WEEK,  THEN  THE  RETAIL PRACTICE SHALL OFFER THE SAME BUSINESS HOURS AS
 THE RETAIL BUSINESS;
   (G) PUBLISH A LIST OF THE  RETAIL  HEALTH  SERVICES  IT  OFFERS  ON  A
 PUBLICLY AVAILABLE WEBSITE TOGETHER WITH THE PRICES OF SUCH SERVICES;
   (H)  POST  SIGNS  IN A CONSPICUOUS LOCATION IN LARGE TYPE STATING THAT
 PRESCRIPTIONS AND  OVER-THE-COUNTER  SUPPLIES  MAY  BE  PURCHASED  BY  A
 PATIENT FROM ANY BUSINESS AND DO NOT NEED TO BE PURCHASED ON-SITE;
   (I) ENTER INTO AND MAINTAIN AT LEAST ONE COLLABORATIVE RELATIONSHIP AS
 DEFINED IN SUBDIVISION TWO OF SECTION TWENTY-NINE HUNDRED NINETY-NINE-HH
 OF THIS ARTICLE;
   (J)  INQUIRE  OF  EACH  PATIENT  WHETHER  HE OR SHE HAS A PRIMARY CARE
 PROVIDER;
   (K) MAINTAIN AND REGULARLY UPDATE A LIST OF LOCAL PRIMARY CARE PROVID-
 ERS AND PROVIDE SUCH LIST TO EACH PATIENT WHO INDICATES THAT HE  OR  SHE
 DOES NOT HAVE A PRIMARY CARE PROVIDER;
   (L)  REFER  PATIENTS  TO  THEIR PRIMARY CARE PROVIDERS OR OTHER HEALTH
 CARE PROVIDERS AS APPROPRIATE;
   (M) TRANSMIT,  BY  ELECTRONIC  MEANS  WHENEVER  POSSIBLE,  RECORDS  OF
 SERVICES  TO  PATIENTS'  PRIMARY  CARE PROVIDERS AND MAINTAIN RECORDS OF
 SERVICES FOR A MINIMUM OF SIX YEARS;
   (N) EXECUTE PARTICIPATION AGREEMENTS WITH HEALTH INFORMATION ORGANIZA-
 TIONS, ALSO KNOWN AS QUALIFIED ENTITIES, PURSUANT TO  WHICH  THE  RETAIL
 PRACTICE  SHALL AGREE TO PARTICIPATE IN THE STATEWIDE HEALTH INFORMATION
 NETWORK FOR NEW YORK (SHIN-NY);
   (O) ATTAIN AND MAINTAIN ACCREDITATION PURSUANT TO SECTION  TWENTY-NINE
 HUNDRED NINETY-NINE-KK OF THIS SECTION; AND
   (P)  REPORT  REPORTABLE  EVENTS TO THE ACCREDITING ENTITY WITHIN THREE
 BUSINESS DAYS OF THE OCCURRENCE OF SUCH REPORTABLE EVENT.
   3. ENTITIES MEETING THE DEFINITION OF A RETAIL PRACTICE AS  SET  FORTH
 IN  THIS  ARTICLE AND PROVIDING SERVICES ON OR BEFORE THE EFFECTIVE DATE

 S. 7507--A                         26                         A. 9507--A
 
 OF THIS ARTICLE SHALL HAVE ONE HUNDRED TWENTY DAYS AFTER SUCH  EFFECTIVE
 DATE TO NOTIFY THE DEPARTMENT OF COMPLIANCE THEREWITH.
   §  2999-KK. ACCREDITATION.   1. A RETAIL PRACTICE SHALL BE REQUIRED TO
 ATTAIN AND MAINTAIN ACCREDITATION BY A NATIONALLY RECOGNIZED ACCREDITING
 ENTITY AS DETERMINED BY THE DEPARTMENT.
   2. THE ACCREDITING ENTITY SHALL BE REQUIRED TO NOTIFY  THE  DEPARTMENT
 PROMPTLY IF A RETAIL PRACTICE LOSES ITS ACCREDITATION.
   3.  THE  ACCREDITING  ENTITY  SHALL  BE REQUIRED TO REPORT DATA ON ALL
 RETAIL PRACTICES ACCREDITED BY SUCH ENTITY TO THE COMMISSIONER.
   § 2999-LL. OTHER LAWS.  1. NOTHING IN THIS ARTICLE SHALL BE DEEMED  TO
 ALTER  THE  SCOPE  OF PRACTICE OF ANY PRACTITIONER LICENSED OR CERTIFIED
 UNDER TITLE EIGHT OF THE EDUCATION LAW.
   2. NOTHING IN THIS ARTICLE SHALL BE DEEMED TO MITIGATE  THE  RESPONSI-
 BILITY  OF ANY INDIVIDUAL PRACTITIONER LICENSED OR CERTIFIED UNDER TITLE
 EIGHT OF THE EDUCATION LAW FROM ACCOUNTABILITY FOR HIS  OR  HER  ACTIONS
 UNDER APPLICABLE PROVISIONS OF LAW.
   3.  A  RETAIL  PRACTICE SHALL BE DEEMED TO BE A "HEALTH CARE PROVIDER"
 FOR THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF THIS CHAPTER.
   4. A PRESCRIBER PRACTICING IN A RETAIL PRACTICE SHALL NOT BE DEEMED TO
 BE IN THE EMPLOY OF A PHARMACY OR PRACTICING IN A HOSPITAL FOR  PURPOSES
 OF SUBDIVISION TWO OF SECTION SIXTY-EIGHT HUNDRED SEVEN OF THE EDUCATION
 LAW.
   § 2. This act shall take effect immediately.
 
                                  PART H
 
   Section  1.  Section  6902 of the education law is amended by adding a
 new subdivision 4 to read as follows:
   4. (A) THE PRACTICE OF REGISTERED PROFESSIONAL NURSING BY A  CERTIFIED
 REGISTERED NURSE ANESTHETIST, CERTIFIED UNDER SECTION SIXTY-NINE HUNDRED
 TWELVE OF THIS ARTICLE MAY INCLUDE THE PRACTICE OF NURSE ANESTHESIA.
   (I)  SUBJECT  TO  THE PROVISIONS OF PARAGRAPH (E) OF THIS SUBDIVISION,
 NURSE ANESTHESIA INCLUDES: THE ADMINISTRATION OF  ANESTHESIA  AND  ANES-
 THESIA  RELATED CARE TO PATIENTS; PRE-ANESTHESIA EVALUATION AND PREPARA-
 TION; ANESTHETIC INDUCTION, MAINTENANCE AND EMERGENCE;  POST  ANESTHESIA
 CARE;  PERIANESTHESIA  NURSING  AND CLINICAL SUPPORT FUNCTIONS; AND PAIN
 MANAGEMENT.
   (II) NURSE  ANESTHESIA  MUST  BE  PROVIDED  IN  COLLABORATION  WITH  A
 LICENSED  PHYSICIAN  QUALIFIED  TO  DETERMINE  THE  NEED  FOR ANESTHESIA
 SERVICES, PROVIDED SUCH SERVICES ARE  PERFORMED  IN  ACCORDANCE  WITH  A
 WRITTEN  PRACTICE  AGREEMENT AND WRITTEN PRACTICE PROTOCOLS AS SET FORTH
 IN PARAGRAPH (B)  OF  THIS  SUBDIVISION  OR  PURSUANT  TO  COLLABORATIVE
 RELATIONSHIPS  AS SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION, WHICH-
 EVER IS APPLICABLE.
   (III) PRESCRIPTIONS FOR DRUGS, DEVICES, AND ANESTHETIC  AGENTS,  ANES-
 THESIA  RELATED  AGENTS,  AND  PAIN MANAGEMENT AGENTS MAY BE ISSUED BY A
 CERTIFIED REGISTERED NURSE ANESTHETIST, IN ACCORDANCE WITH  THE  WRITTEN
 PRACTICE AGREEMENT AND WRITTEN PRACTICE PROTOCOLS DESCRIBED IN PARAGRAPH
 (B)  OF  THIS  SUBDIVISION IF APPLICABLE. THE CERTIFIED REGISTERED NURSE
 ANESTHETIST SHALL OBTAIN A CERTIFICATE FROM THE DEPARTMENT UPON SUCCESS-
 FULLY COMPLETING A PROGRAM INCLUDING AN APPROPRIATE PHARMACOLOGY  COMPO-
 NENT,  OR  ITS  EQUIVALENT,  AS  ESTABLISHED BY THE COMMISSIONER'S REGU-
 LATIONS, PRIOR TO PRESCRIBING UNDER THIS SUBPARAGRAPH.  THE  CERTIFICATE
 ISSUED  UNDER  SECTION  SIXTY-NINE  HUNDRED TWELVE OF THIS ARTICLE SHALL
 STATE WHETHER THE CERTIFIED REGISTERED NURSE ANESTHETIST HAS SUCCESSFUL-

 S. 7507--A                         27                         A. 9507--A
 
 LY COMPLETED SUCH A PROGRAM OR EQUIVALENT AND IS AUTHORIZED TO PRESCRIBE
 UNDER THIS SUBDIVISION.
   (B)  A  CERTIFIED REGISTERED NURSE ANESTHETIST CERTIFIED UNDER SECTION
 SIXTY-NINE HUNDRED TWELVE OF THIS ARTICLE AND PRACTICING FOR  THIRTY-SIX
 HUNDRED  HOURS OR LESS SHALL DO SO IN ACCORDANCE WITH A WRITTEN PRACTICE
 AGREEMENT AND WRITTEN PRACTICE  PROTOCOLS  AGREED  UPON  BY  A  LICENSED
 PHYSICIAN  QUALIFIED  BY  EDUCATION AND EXPERIENCE TO DETERMINE THE NEED
 FOR ANESTHESIA.
   (I) THE WRITTEN PRACTICE AGREEMENT SHALL INCLUDE  EXPLICIT  PROVISIONS
 FOR  THE RESOLUTION OF ANY DISAGREEMENT BETWEEN THE COLLABORATING PHYSI-
 CIAN AND THE CERTIFIED REGISTERED NURSE ANESTHETIST REGARDING  A  MATTER
 OF  ANESTHESIA  OR PAIN MANAGEMENT TREATMENT THAT IS WITHIN THE SCOPE OF
 PRACTICE OF BOTH. TO THE EXTENT  THE  PRACTICE  AGREEMENT  DOES  NOT  SO
 PROVIDE, THEN THE COLLABORATING PHYSICIAN'S TREATMENT SHALL PREVAIL.
   (II)  EACH PRACTICE AGREEMENT SHALL PROVIDE FOR PATIENT RECORDS REVIEW
 BY THE COLLABORATING PHYSICIAN IN A TIMELY FASHION BUT IN NO EVENT  LESS
 OFTEN  THAN  EVERY THREE MONTHS.   THE NAMES OF THE CERTIFIED REGISTERED
 NURSE ANESTHETIST AND THE COLLABORATING PHYSICIAN SHALL BE CLEARLY POST-
 ED IN THE PRACTICE SETTING OF THE CERTIFIED  REGISTERED  NURSE  ANESTHE-
 TIST.
   (III) THE PRACTICE PROTOCOL SHALL REFLECT CURRENT ACCEPTED MEDICAL AND
 NURSING  PRACTICE.    THE  PROTOCOLS  SHALL BE FILED WITH THE DEPARTMENT
 WITHIN NINETY DAYS OF THE  COMMENCEMENT  OF  THE  PRACTICE  AND  MAY  BE
 UPDATED PERIODICALLY. THE COMMISSIONER SHALL MAKE REGULATIONS ESTABLISH-
 ING THE PROCEDURE FOR THE REVIEW OF PROTOCOLS AND THE DISPOSITION OF ANY
 ISSUES ARISING FROM SUCH REVIEW.
   (C)  A  CERTIFIED REGISTERED NURSE ANESTHETIST CERTIFIED UNDER SECTION
 SIXTY-NINE HUNDRED TWELVE OF THIS ARTICLE AND PRACTICING FOR  MORE  THAN
 THIRTY-SIX HUNDRED HOURS SHALL HAVE COLLABORATIVE RELATIONSHIPS WITH ONE
 OR  MORE  LICENSED  PHYSICIANS QUALIFIED TO DETERMINE THE NEED FOR ANES-
 THESIA SERVICES OR A HOSPITAL, LICENSED UNDER  ARTICLE  TWENTY-EIGHT  OF
 THE  PUBLIC  HEALTH  LAW, THAT PROVIDES SERVICES THROUGH LICENSED PHYSI-
 CIANS QUALIFIED TO DETERMINE THE NEED FOR ANESTHESIA SERVICES AND HAVING
 PRIVILEGES AT SUCH INSTITUTION.
   (I) FOR PURPOSES  OF  THIS  PARAGRAPH,  "COLLABORATIVE  RELATIONSHIPS"
 SHALL  MEAN THAT THE CERTIFIED REGISTERED NURSE ANESTHETIST SHALL COMMU-
 NICATE, WHETHER IN PERSON, BY TELEPHONE OR  THROUGH  WRITTEN  (INCLUDING
 ELECTRONIC)  MEANS, WITH A LICENSED PHYSICIAN QUALIFIED TO DETERMINE THE
 NEED FOR ANESTHESIA SERVICES OR, IN THE CASE OF A HOSPITAL,  COMMUNICATE
 WITH A LICENSED PHYSICIAN QUALIFIED TO DETERMINE THE NEED FOR ANESTHESIA
 SERVICES  AND  HAVING  PRIVILEGES  AT SUCH HOSPITAL, FOR THE PURPOSES OF
 EXCHANGING INFORMATION, AS NEEDED, IN  ORDER  TO  PROVIDE  COMPREHENSIVE
 PATIENT CARE AND TO MAKE REFERRALS AS NECESSARY.
   (II) AS EVIDENCE THAT THE CERTIFIED REGISTERED NURSE ANESTHETIST MAIN-
 TAINS   COLLABORATIVE  RELATIONSHIPS,  THE  CERTIFIED  REGISTERED  NURSE
 ANESTHETIST SHALL COMPLETE AND MAINTAIN A FORM, CREATED BY  THE  DEPART-
 MENT,  TO WHICH THE CERTIFIED REGISTERED NURSE ANESTHETIST SHALL ATTEST,
 THAT DESCRIBES SUCH COLLABORATIVE RELATIONSHIPS. SUCH  FORM  SHALL  ALSO
 REFLECT  THE  CERTIFIED  REGISTERED  NURSE ANESTHETIST'S ACKNOWLEDGEMENT
 THAT IF REASONABLE EFFORTS TO RESOLVE ANY DISPUTE THAT  MAY  ARISE  WITH
 THE  COLLABORATING  PHYSICIAN  OR, IN THE CASE OF A COLLABORATION WITH A
 HOSPITAL, WITH A LICENSED PHYSICIAN QUALIFIED TO DETERMINE THE NEED  FOR
 ANESTHESIA  SERVICES  AND  HAVING  PRIVILEGES  AT SUCH HOSPITAL, ABOUT A
 PATIENT'S CARE ARE NOT SUCCESSFUL, THE RECOMMENDATION OF  THE  PHYSICIAN
 SHALL  PREVAIL.  SUCH FORM SHALL BE UPDATED AS NEEDED AND MAY BE SUBJECT
 TO REVIEW BY THE DEPARTMENT. THE CERTIFIED REGISTERED NURSE  ANESTHETIST

 S. 7507--A                         28                         A. 9507--A
 
 SHALL  MAINTAIN DOCUMENTATION THAT SUPPORTS SUCH COLLABORATIVE RELATION-
 SHIPS.
   (D)  NOTHING  IN THIS SUBDIVISION SHALL BE DEEMED TO LIMIT OR DIMINISH
 THE PRACTICE OF THE PROFESSION OF NURSING AS A  REGISTERED  PROFESSIONAL
 NURSE  UNDER  THIS ARTICLE OR ANY OTHER LAW, RULE, REGULATION OR CERTIF-
 ICATION, NOR TO DENY ANY REGISTERED PROFESSIONAL NURSE THE RIGHT  TO  DO
 ANY  ACT  OR  ENGAGE  IN  ANY PRACTICE AUTHORIZED BY THIS ARTICLE OR ANY
 OTHER LAW, RULE, REGULATION OR CERTIFICATION.
   (E)(I) ANESTHESIA SERVICES MAY BE  PROVIDED  BY  CERTIFIED  REGISTERED
 NURSE ANESTHETISTS ONLY IN THE FOLLOWING SETTINGS:
   (A)  GENERAL  HOSPITALS, HOSPITAL OUTPATIENT SURGICAL DEPARTMENTS, AND
 DIAGNOSTIC AND TREATMENT CENTERS LICENSED BY THE  DEPARTMENT  OF  HEALTH
 PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW AND AUTHORIZED
 TO   PROVIDE  SEDATION,  ANESTHESIA  SERVICES,  AND/OR  PAIN  MANAGEMENT
 SERVICES IN CONNECTION WITH SUCH LICENSURE;
   (B) PRACTICES WHERE OFFICE-BASED SURGERY, AS DEFINED  BY  SECTION  TWO
 HUNDRED-THIRTY-D  OF  THE  PUBLIC  HEALTH  LAW, IS PERFORMED AND/OR PAIN
 MANAGEMENT SERVICES ARE PROVIDED; AND
   (C) DENTISTS' AND PERIODONTISTS' OFFICES WHERE SEDATION  AND/OR  ANES-
 THESIA SERVICES ARE PROVIDED.
   (II)  ANESTHESIA SERVICES OFFERED IN SUCH SETTINGS, INCLUDING SERVICES
 PROVIDED BY CERTIFIED REGISTERED NURSE ANESTHETISTS, SHALL  BE  DIRECTED
 BY  A PHYSICIAN, DENTIST, OR PERIODONTIST, AS APPLICABLE, WHO IS RESPON-
 SIBLE FOR THE CLINICAL ASPECTS OF ALL ANESTHESIA SERVICES OFFERED BY THE
 PROVIDER AND IS QUALIFIED TO DETERMINE THE NEED FOR AND ADMINISTER ANES-
 THESIA. SUCH PHYSICIAN SHALL HAVE THE DISCRETION TO ESTABLISH PARAMETERS
 FOR SUPERVISION OF CERTIFIED REGISTERED NURSE ANESTHETISTS WHERE  HE  OR
 SHE MAKES A REASONABLE DETERMINATION THAT THE CIRCUMSTANCES OF A PARTIC-
 ULAR  CASE  OR TYPE OF CASES, ALTHOUGH WITHIN THE SCOPE OF PRACTICE OF A
 CERTIFIED REGISTERED NURSE ANESTHETIST AS SET FORTH IN PARAGRAPH (A)  OF
 THIS  SUBDIVISION,  ARE OF SUCH COMPLEXITY THAT THEY SHOULD BE CONDUCTED
 UNDER SUPERVISION. IN SUCH CASES, SUCH SUPERVISION SHALL BE PROVIDED  BY
 AN  ANESTHESIOLOGIST  WHO  IS  IMMEDIATELY AVAILABLE AS NEEDED OR BY THE
 OPERATING PHYSICIAN WHO IS QUALIFIED TO DETERMINE  THE  NEED  FOR  ANES-
 THESIA SERVICES AND SUPERVISE THE ADMINISTRATION OF ANESTHESIA.
   § 2. The education law is amended by adding a new section 6912 to read
 as follows:
   §  6912.  CERTIFICATES FOR NURSE ANESTHESIA PRACTICE.  1. FOR ISSUANCE
 OF A CERTIFICATE TO PRACTICE AS A CERTIFIED REGISTERED NURSE ANESTHETIST
 UNDER SUBDIVISION FOUR OF SECTION SIXTY-NINE HUNDRED TWO OF  THIS  ARTI-
 CLE, THE APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   (B)  LICENSE:  BE  LICENSED  AS A REGISTERED PROFESSIONAL NURSE IN THE
 STATE;
   (C) EDUCATION: (I) HAVE SATISFACTORILY COMPLETED EDUCATIONAL  PREPARA-
 TION  FOR  PROVISION  OF  THESE  SERVICES IN A PROGRAM REGISTERED BY THE
 DEPARTMENT OR IN A PROGRAM ACCREDITED BY A NATIONAL BODY  RECOGNIZED  BY
 THE DEPARTMENT OR DETERMINED BY THE DEPARTMENT TO BE THE EQUIVALENT; AND
 (II)  SUBMIT  EVIDENCE  OF CURRENT CERTIFICATION OR RECERTIFICATION BY A
 NATIONAL CERTIFYING BODY, RECOGNIZED BY THE DEPARTMENT;
   (D) FEES: PAY A FEE TO THE DEPARTMENT OF FIFTY DOLLARS FOR AN  INITIAL
 CERTIFICATE AUTHORIZING NURSE ANESTHESIA PRACTICE AND A TRIENNIAL REGIS-
 TRATION FEE OF THIRTY DOLLARS; AND
   (E) INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
 TION  OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND THE
 DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY

 S. 7507--A                         29                         A. 9507--A
 
 THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT  OF  HEALTH,  AS  IS
 NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
 ED  SERVICES  IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION
 AND  TYPE  OF SETTING WHEREIN THE CERTIFIED REGISTERED NURSE ANESTHETIST
 PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE
 DEPARTMENT OF HEALTH, DEEMS  RELEVANT.  THE  DEPARTMENT  OF  HEALTH,  IN
 CONSULTATION  WITH  THE  DEPARTMENT,  SHALL  MAKE SUCH DATA AVAILABLE IN
 AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY  ACCESSIBLE  WEBSITE.  ADDI-
 TIONALLY,  IN  CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPART-
 MENT, IN CONSULTATION WITH  THE  DEPARTMENT  OF  HEALTH,  SHALL  PROVIDE
 INFORMATION  ON  REGISTERING  IN  THE DONATE LIFE REGISTRY FOR ORGAN AND
 TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY.
   AFTER A CERTIFIED REGISTERED NURSE ANESTHETIST'S INITIAL REGISTRATION,
 REGISTRATION UNDER THIS SECTION SHALL BE COTERMINOUS WITH THE  CERTIFIED
 REGISTERED NURSE ANESTHETIST'S REGISTRATION AS A PROFESSIONAL NURSE.
   2.  ONLY  A  PERSON  CERTIFIED  UNDER THIS SECTION SHALL USE THE TITLE
 "CERTIFIED REGISTERED NURSE ANESTHETIST," EXCEPT AS SET FORTH IN  SUBDI-
 VISION THREE OF THIS SECTION.
   3.  NOTHING  IN THIS SECTION SHALL BE DEEMED FROM PREVENTING ANY OTHER
 PROFESSIONAL LICENSED OR CERTIFIED UNDER  THIS  CHAPTER  OR  THE  PUBLIC
 HEALTH  LAW  FROM CARRYING OUT ANY RESPONSIBILITIES ESTABLISHED BY RELE-
 VANT SECTIONS OF SUCH CHAPTERS.
   4. AN INDIVIDUAL WHO MEETS THE REQUIREMENTS  FOR  CERTIFICATION  AS  A
 CERTIFIED  REGISTERED  NURSE ANESTHETIST AND WHO HAS BEEN PERFORMING THE
 DUTIES OF A CERTIFIED REGISTERED NURSE ANESTHETIST FOR TWO OF  THE  FIVE
 YEARS PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE MAY BE CERTIFIED WITH-
 OUT  MEETING  ADDITIONAL  REQUIREMENTS,  PROVIDED  THAT  SUCH INDIVIDUAL
 SUBMITS AN APPLICATION, INCLUDING AN ATTESTATION  FROM  THE  APPLICANT'S
 SUPERVISING  PHYSICIAN  AS TO THE APPLICANT'S EXPERIENCE AND COMPETENCE,
 TO THE DEPARTMENT WITHIN  TWO  YEARS  OF  THE  EFFECTIVE  DATE  OF  THIS
 SECTION.  SUCH  INDIVIDUAL MAY USE THE TITLE "CERTIFIED REGISTERED NURSE
 ANESTHETIST" IN CONNECTION WITH THAT PRACTICE WHILE SUCH APPLICATION  IS
 PENDING.
   5.  (A)  A REGISTERED PROFESSIONAL NURSE LICENSED UNDER SECTION SIXTY-
 NINE HUNDRED FIVE OF THIS ARTICLE WHO  HAS  SATISFACTORILY  COMPLETED  A
 PROGRAM  OF  EDUCATIONAL  PREPARATION  AS PROVIDED IN SUBDIVISION ONE OF
 THIS SECTION MAY, FOR A PERIOD NOT TO EXCEED  TWENTY-FOUR  MONTHS  IMME-
 DIATELY  FOLLOWING  THE COMPLETION OF SUCH EDUCATIONAL PROGRAM, PRACTICE
 NURSE ANESTHESIA UNDER SUBDIVISION FOUR OF  SECTION  SIXTY-NINE  HUNDRED
 TWO  OF  THIS ARTICLE AS A GRADUATE NURSE ANESTHETIST IN THE SAME MANNER
 AS A CERTIFIED REGISTERED NURSE ANESTHETIST UNDER THAT SUBDIVISION.
   (B) A REGISTERED PROFESSIONAL NURSE LICENSED UNDER SECTION  SIXTY-NINE
 HUNDRED FIVE OF THIS ARTICLE WHO IS DULY ENROLLED IN A PROGRAM OF EDUCA-
 TIONAL  PREPARATION  MAY  PRACTICE  NURSE  ANESTHESIA AS A STUDENT NURSE
 ANESTHETIST UNDER THE SUPERVISION OF AN ANESTHESIOLOGIST OR A  CERTIFIED
 REGISTERED NURSE ANESTHETIST, WHO IS IMMEDIATELY AVAILABLE AS NEEDED.
   § 3. This act shall take effect immediately.
 
                                  PART I
 
   Section  1.  Section  364-j  of  the social services law is amended by
 adding a new subdivision 34 to read as follows:
   34. MONIES PAID BY THE DEPARTMENT TO MANAGED  CARE  ORGANIZATIONS  ARE
 PUBLIC  FUNDS  AND RETAIN THEIR STATUS AS PUBLIC FUNDS REGARDLESS OF ANY
 PAYMENTS MADE BY THE MANAGED  CARE  ORGANIZATION  TO  SUBCONTRACTORS  OR
 PROVIDERS.

 S. 7507--A                         30                         A. 9507--A
 
   §  2.  Section 364-j of the social services law is amended by adding a
 new subdivision 35 to read as follows:
   35.  RECOVERY  OF  OVERPAYMENTS  FROM NETWORK PROVIDERS. (A) WHERE THE
 MEDICAID INSPECTOR GENERAL, DURING THE COURSE OF AN  AUDIT  OR  INVESTI-
 GATION,  IDENTIFIES  IMPROPER  MEDICAL  ASSISTANCE  PAYMENTS  MADE  BY A
 MANAGED CARE ORGANIZATION TO  ITS  SUBCONTRACTOR  OR  SUBCONTRACTORS  OR
 PROVIDER  OR  PROVIDERS,  THE  STATE SHALL HAVE THE RIGHT TO RECOVER THE
 IMPROPER PAYMENT FROM THE SUBCONTRACTOR OR SUBCONTRACTORS,  PROVIDER  OR
 PROVIDERS, OR THE MANAGED CARE ORGANIZATION.
   (B) WHERE THE STATE IS UNSUCCESSFUL IN RECOVERING THE IMPROPER PAYMENT
 FROM  THE  SUBCONTRACTOR OR SUBCONTRACTORS OR PROVIDER OR PROVIDERS, THE
 MEDICAID INSPECTOR GENERAL MAY REQUIRE THE MANAGED CARE ORGANIZATION  TO
 RECOVER THE IMPROPER MEDICAL ASSISTANCE PAYMENTS IDENTIFIED IN PARAGRAPH
 (A)  OF  THIS SUBDIVISION.  THE MANAGED CARE ORGANIZATION SHALL REMIT TO
 THE STATE THE FULL AMOUNT OF THE IDENTIFIED IMPROPER  PAYMENT  NO  LATER
 THAN SIX MONTHS AFTER RECEIVING NOTICE OF THE OVERPAYMENT.
   (C)  THE  MANAGED  CARE  ORGANIZATION  MAY CHARGE ITS SUBCONTRACTOR OR
 SUBCONTRACTORS OR PROVIDER OR PROVIDERS A COLLECTION FEE TO ACCOUNT  FOR
 THE  REASONABLE  COSTS  INCURRED  BY  THE  MANAGED  CARE ORGANIZATION TO
 COLLECT THE DEBT. ANY COLLECTION  FEE  IMPOSED  SHALL  NOT  EXCEED  FIVE
 PERCENT OF THE TOTAL AMOUNT OWED.
   §  3.  Section 364-j of the social services law is amended by adding a
 new subdivision 36 to read as follows:
   36. REPORTING ACTS OF FRAUD. (A) ALL MANAGED CARE ORGANIZATIONS  SHALL
 PROMPTLY REFER TO THE OFFICE OF THE MEDICAID INSPECTOR GENERAL ALL CASES
 OF POTENTIAL FRAUD, WASTE, OR ABUSE.
   (B)  ANY  MANAGED CARE ORGANIZATION MAKING A COMPLAINT OR FURNISHING A
 REPORT, REFERRAL, INFORMATION OR RECORDS IN GOOD FAITH PURSUANT TO  THIS
 SECTION  SHALL BE IMMUNE FROM CIVIL LIABILITY FOR MAKING SUCH COMPLAINT,
 REFERRAL, OR REPORT TO THE OFFICE OF THE MEDICAID INSPECTOR GENERAL.
   (C) A MANAGED CARE ORGANIZATION THAT WILLFULLY FAILS TO PROMPTLY  MAKE
 A  REFERRAL TO THE MEDICAID INSPECTOR GENERAL WHEN THERE IS ACTUAL KNOW-
 LEDGE THAT AN ACT OF FRAUD IS BEING OR HAS BEEN COMMITTED MAY  BE  FINED
 IN  AN AMOUNT NOT EXCEEDING ONE HUNDRED THOUSAND DOLLARS FOR EACH DETER-
 MINATION.
   § 4. The public health law is amended by adding a new  section  37  to
 read as follows:
   §  37.  VIOLATIONS  OF MEDICAL ASSISTANCE PROGRAM LAWS, REGULATIONS OR
 DIRECTIVES; FINES. 1. (A) ANY INDIVIDUAL OR ENTITY PARTICIPATING IN  THE
 MEDICAL  ASSISTANCE  PROGRAM  THAT  FAILS TO COMPLY WITH OR VIOLATES ANY
 STATUTE, RULE,  REGULATION,  OR  DIRECTIVE  OF  THE  MEDICAL  ASSISTANCE
 PROGRAM,  MAY  BE FINED IN AN AMOUNT NOT EXCEEDING THE SUM OF FIVE THOU-
 SAND DOLLARS FOR EACH VIOLATION.
   (B) EVERY FAILURE TO COMPLY WITH OR VIOLATION OF  ANY  STATUTE,  RULE,
 REGULATION,  OR  DIRECTIVE  OF THE MEDICAL ASSISTANCE PROGRAM SHALL BE A
 SEPARATE  AND  DISTINCT  OFFENSE  AND,  IN  THE  CASE  OF  A  CONTINUING
 VIOLATION,  EVERY  DAY'S  CONTINUANCE  THEREOF  SHALL  BE A SEPARATE AND
 DISTINCT OFFENSE.
   2. (A) ANY ENTITY AUTHORIZED TO OPERATE UNDER  ARTICLE  FORTY-FOUR  OF
 THIS  CHAPTER OR ARTICLE FORTY-THREE OF THE INSURANCE LAW, INCLUDING ANY
 SUBCONTRACTOR OR PROVIDER THEREOF,  AND  PARTICIPATING  IN  THE  MEDICAL
 ASSISTANCE  PROGRAM  THAT  FAILS TO COMPLY WITH OR VIOLATES ANY STATUTE,
 RULE, REGULATION, OR DIRECTIVE OF THE MEDICAL ASSISTANCE PROGRAM, OR ANY
 TERM OF ITS CONTRACT WITH THE DEPARTMENT, MAY BE FINED IN AN AMOUNT  NOT
 EXCEEDING THE SUM OF FIVE THOUSAND DOLLARS FOR EACH VIOLATION.

 S. 7507--A                         31                         A. 9507--A
 
   (B)  EVERY  FAILURE  TO COMPLY WITH OR VIOLATION OF ANY STATUTE, RULE,
 REGULATION, OR DIRECTIVE OF THE MEDICAL ASSISTANCE PROGRAM, OR  TERM  OF
 THE  ENTITY'S  CONTRACT  WITH  THE  DEPARTMENT  SHALL  BE A SEPARATE AND
 DISTINCT OFFENSE AND, IN THE CASE OF A CONTINUING VIOLATION, EVERY DAY'S
 CONTINUANCE THEREOF SHALL BE A SEPARATE AND DISTINCT OFFENSE.
   3.  ANY  ENTITY  PARTICIPATING  IN  THE MEDICAL ASSISTANCE PROGRAM AND
 AUTHORIZED TO OPERATE UNDER ARTICLE FORTY-FOUR OF THIS CHAPTER OR  ARTI-
 CLE  FORTY-THREE  OF THE INSURANCE LAW THAT SUBMITS A COST REPORT TO THE
 MEDICAL ASSISTANCE PROGRAM THAT CONTAINS DATA WHICH IS INTENTIONALLY  OR
 SYSTEMATICALLY  INACCURATE  OR  IMPROPER,  MAY BE FINED IN AN AMOUNT NOT
 EXCEEDING ONE HUNDRED THOUSAND DOLLARS FOR EACH DETERMINATION.
   4. ANY ENTITY AUTHORIZED TO OPERATE UNDER ARTICLE FORTY-FOUR  OF  THIS
 CHAPTER  OR  ARTICLE FORTY-THREE OF THE INSURANCE LAW, AND PARTICIPATING
 IN THE MEDICAL ASSISTANCE PROGRAM THAT INTENTIONALLY  OR  SYSTEMATICALLY
 SUBMITS INACCURATE ENCOUNTER DATA TO THE STATE MAY BE FINED IN AN AMOUNT
 NOT EXCEEDING ONE HUNDRED THOUSAND DOLLARS FOR EACH DETERMINATION.
   5.  THE  MEDICAID  INSPECTOR  GENERAL  SHALL, IN CONSULTATION WITH THE
 COMMISSIONER, CONSIDER THE FOLLOWING PRIOR TO ASSESSING A  FINE  AGAINST
 AN  INDIVIDUAL  OR  ENTITY UNDER THIS SECTION AND HAVE THE DISCRETION TO
 REDUCE OR ELIMINATE A FINE UNDER THIS SECTION:
   (A) THE EFFECT, IF ANY, ON THE QUALITY OF MEDICAL CARE PROVIDED TO  OR
 ARRANGED FOR RECIPIENTS OF MEDICAL ASSISTANCE AS A RESULT OF THE ACTS OF
 THE INDIVIDUAL OR ENTITY;
   (B) THE AMOUNT OF DAMAGES TO THE PROGRAM;
   (C)  THE  DEGREE OF CULPABILITY OF THE INDIVIDUAL OR ENTITY IN COMMIT-
 TING THE PROSCRIBED ACTIONS AND ANY MITIGATING CIRCUMSTANCES;
   (D) ANY PRIOR VIOLATIONS COMMITTED BY THE INDIVIDUAL OR ENTITY  RELAT-
 ING  TO  THE  MEDICAL  ASSISTANCE  PROGRAM, MEDICARE OR ANY OTHER SOCIAL
 SERVICES PROGRAMS WHICH RESULTED IN EITHER  CRIMINAL  OR  ADMINISTRATIVE
 SANCTION, PENALTY, OR FINE;
   (E)  THE DEGREE TO WHICH FACTORS GIVING RISE TO THE PROSCRIBED ACTIONS
 WERE OUT OF THE CONTROL OF THE INDIVIDUAL OR ENTITY;
   (F) THE NUMBER AND NATURE OF THE VIOLATIONS OR OTHER RELATED OFFENSES;
   (G) ANY OTHER FACTS RELATING TO THE  NATURE  AND  SERIOUSNESS  OF  THE
 VIOLATIONS INCLUDING ANY EXCULPATORY FACTS; AND/OR
   (H) ANY OTHER RELEVANT FACTORS.
   6.  THE  MEDICAID  INSPECTOR  GENERAL  SHALL, IN CONSULTATION WITH THE
 COMMISSIONER, PROMULGATE REGULATIONS ENUMERATING THOSE VIOLATIONS  WHICH
 MAY  RESULT  IN  A  FINE  PURSUANT  TO  SUBDIVISIONS ONE AND TWO OF THIS
 SECTION, THE AMOUNTS OF ANY FINES  WHICH  MAY  BE  ASSESSED  UNDER  THIS
 SECTION,  AND  THE  APPEAL  RIGHTS  AFFORDED  TO INDIVIDUALS OR ENTITIES
 SUBJECT TO A FINE.
   § 5. Paragraph (d) of subdivision 32 of section 364-j  of  the  social
 services law, as added by section 15 of part B of chapter 59 of the laws
 of 2016, is amended to read as follows:
   (d) (I) Penalties under this subdivision may be applied to any and all
 circumstances  described  in paragraph (b) of this subdivision until the
 managed care organization complies with the requirements for  submission
 of  encounter data. (II) No penalties for late, incomplete or inaccurate
 encounter data shall be assessed against managed care  organizations  in
 addition  to  those provided for in this subdivision, PROVIDED, HOWEVER,
 THAT NOTHING IN THIS PARAGRAPH SHALL PROHIBIT THE IMPOSITION  OF  PENAL-
 TIES, IN CASES OF FRAUD OR ABUSE, OTHERWISE AUTHORIZED BY LAW.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that  the  amendments  to  section
 364-j  of  the  social services law made by sections one, two, three and

 S. 7507--A                         32                         A. 9507--A
 
 five of this act shall not affect the repeal of such section  and  shall
 be deemed repealed therewith.
 
                                  PART J
 
   Section  1. Paragraph (h) of subdivision 1 of section 189 of the state
 finance law, as amended by section 8 of part A of chapter 56 of the laws
 of 2013, is amended to read as follows:
   (h) knowingly conceals or knowingly and improperly avoids or decreases
 an obligation to pay or transmit money or property to  the  state  or  a
 local  government,  or  conspires to do the same; shall be liable to the
 state or a local government, as applicable, for a civil penalty  of  not
 less  than  six  thousand  dollars  and  not  more  than twelve thousand
 dollars, AS ADJUSTED TO BE EQUAL TO THE CIVIL PENALTY ALLOWED UNDER  THE
 FEDERAL  FALSE  CLAIMS ACT, 31 U.S.C. SEC. 3729, ET SEQ., AS AMENDED, AS
 ADJUSTED FOR INFLATION BY THE FEDERAL CIVIL PENALTIES INFLATION  ADJUST-
 MENT ACT OF 1990, AS AMENDED (28 U.S.C. 2461 NOTE; PUB. L. NO. 101-410),
 plus  three  times  the  amount  of all damages, including consequential
 damages, which the state or local government sustains because of the act
 of that person.
   § 2. This act shall take effect immediately.
 
                                  PART K
 
   Section 1.  Notwithstanding any contrary provision of law, the depart-
 ment of health is authorized to require any Medicaid-enrolled  provider,
 and any health care provider that is part of a network of providers of a
 managed  care  organization  operating  pursuant to section 364-j of the
 social services law or section 4403-f  of  the  public  health  law,  to
 report  on  costs  incurred  by  the  provider  in rendering health care
 services to Medicaid beneficiaries. The department of health may specify
 the frequency and format of such reports, determine the type and  amount
 of information to be submitted, and require the submission of supporting
 documentation.  In the case of a provider in a managed care network, the
 department of health may require the managed care organization to obtain
 the required information from the network  provider  on  behalf  of  the
 department.
   §  2.  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  1  of part G of chapter 57 of the laws of 2017, is
 amended to read as follows:
   1. For state fiscal  years  2011-12  through  [2018-19]  2019-20,  the
 director  of the budget, in consultation with the commissioner of health
 referenced as "commissioner" for purposes of this section, shall  assess
 on a monthly basis, as reflected in monthly reports pursuant to subdivi-
 sion five of this section known and projected department of health state
 funds  medicaid  expenditures  by  category of service and by geographic
 regions, as defined by the commissioner, and  if  the  director  of  the
 budget  determines that such expenditures are expected to cause medicaid
 disbursements for such period to  exceed  the  projected  department  of
 health  medicaid  state funds disbursements in the enacted budget finan-
 cial plan pursuant to subdivision 3 of section 23 of the  state  finance
 law,  the  commissioner  of health, in consultation with the director of
 the budget, shall develop a medicaid savings allocation  plan  to  limit
 such  spending  to  the  aggregate  limit level specified in the enacted

 S. 7507--A                         33                         A. 9507--A
 
 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,  minimum wage increases, and beginning April 1, 2012 the
 operational costs of the New York state medical indemnity fund and state
 costs or savings from the basic health plan.   Such projections  may  be
 adjusted by the director of the budget to account for increased or expe-
 dited department of health state funds medicaid expenditures as a result
 of  a natural or other type of disaster, including a governmental decla-
 ration of emergency.
   § 3. This act shall take effect immediately.
 
                                  PART L

   Section 1. Subdivision 7 of section 369 of the social services law, as
 amended by section 7 of part F of chapter 56 of the  laws  of  2012,  is
 amended to read as follows:
   7.  Notwithstanding  any provision of law to the contrary, the depart-
 ment shall, when it determines necessary program features are in  place,
 assume  sole  responsibility  for  commencing  actions or proceedings in
 accordance with the provisions of this  section,  sections  one  hundred
 one,  one hundred four, one hundred four-b, paragraph (a) of subdivision
 three of section three hundred sixty-six, subparagraph one of  paragraph
 (h)  of  subdivision  four of section three hundred sixty-six, and para-
 graph (b) of subdivision two of section three hundred  sixty-seven-a  of
 this chapter, to recover the cost of medical assistance furnished pursu-
 ant  to this title and title eleven-D of this article. The department is
 authorized to contract with an entity that shall conduct  activities  on
 behalf  of the department pursuant to this subdivision, AND MAY CONTRACT
 WITH AN ENTITY TO CONDUCT SIMILAR ACTIVITIES  ON  BEHALF  OF  THE  CHILD
 HEALTH  INSURANCE PROGRAM ESTABLISHED PURSUANT TO TITLE ONE-A OF ARTICLE
 TWENTY-FIVE OF THE PUBLIC HEALTH LAW  TO  THE  EXTENT  ALLOWED  BY  LAW.
 Prior  to  assuming such responsibility from a social services district,
 the department of health  shall,  in  consultation  with  the  district,
 define  the  scope  of  the  services  the  district will be required to
 perform on behalf of the department of health pursuant to this  subdivi-
 sion.
   §  2. Section 2511 of the public health law is amended by adding a new
 subdivision 22 to read as follows:
   22. NOTWITHSTANDING THE PROVISIONS OF THIS  SECTION,  SECTION  TWENTY-
 FIVE  HUNDRED TEN OF THIS TITLE, AND ANY OTHER INCONSISTENT PROVISION OF
 LAW, IN THE EVENT FEDERAL FUNDING PURSUANT TO TITLE XXI OF  THE  FEDERAL
 SOCIAL SECURITY ACT IS REDUCED OR ELIMINATED ON AND AFTER OCTOBER FIRST,
 TWO THOUSAND SEVENTEEN:
   (A)  THE  DIRECTOR OF THE DIVISION OF THE BUDGET, IN CONSULTATION WITH
 THE COMMISSIONER, SHALL IDENTIFY THE AMOUNT OF SUCH REDUCTION OR  ELIMI-
 NATION  AND NOTIFY THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER
 OF THE ASSEMBLY IN WRITING THAT THE FEDERAL ACTIONS WILL REDUCE OR ELIM-
 INATE EXPECTED FUNDING TO NEW YORK STATE BY SUCH AMOUNT.
   (B) THE DIRECTOR OF THE DIVISION OF THE BUDGET, IN  CONSULTATION  WITH
 THE  COMMISSIONER, SHALL DETERMINE IF PROGRAMMATIC CHANGES ARE NECESSARY
 TO CONTINUE COVERING ELIGIBLE CHILDREN WITHIN STATE-ONLY FUNDING LEVELS,
 IDENTIFY AVAILABLE RESOURCES OR ACTIONS, IDENTIFY SPECIFIC CHANGES NEED-
 ED TO ALIGN THE PROGRAM WITH CURRENT FUNDING  LEVELS,  AND  ESTABLISH  A

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 PLAN  FOR  IMPLEMENTING  SUCH  CHANGES WHICH MAY INCLUDE EMERGENCY REGU-
 LATIONS PROMULGATED BY THE COMMISSIONER. SUCH PLAN SHALL BE SUBMITTED TO
 THE LEGISLATURE PRIOR TO ITS IMPLEMENTATION.
   § 3. This act shall take effect immediately.
 
                                  PART M

   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 15 of part H of chapter 57 of the laws  of  2017,  is
 amended to read as follows:
   (a)  The  superintendent of 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 coverage, as author-
 ized by paragraph 1 of subsection (e) of section 5502 of  the  insurance
 law; or from an insurer, other than an insurer described in section 5502
 of the insurance law, duly authorized to write such coverage and actual-
 ly  writing  medical  malpractice  insurance  in  this  state;  or shall
 purchase equivalent excess coverage in a form previously approved by the
 superintendent of financial services for purposes  of  providing  equiv-
 alent  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, between  July
 1,  2014  and  June  30,  2015,  between July 1, 2015 and June 30, 2016,
 between July 1, 2016 and June 30, 2017, [and] between July 1,  2017  and
 June  30,  2018, AND BETWEEN JULY 1, 2018 AND JUNE 30, 2019 or reimburse
 the hospital where the hospital purchases equivalent excess coverage  as
 defined  in subparagraph (i) of paragraph (a) of subdivision 1-a of this
 section for medical or dental malpractice occurrences  between  July  1,
 1987  and June 30, 1988, between July 1, 1988 and June 30, 1989, between
 July 1, 1989 and June 30, 1990, between July 1, 1990 and June 30,  1991,
 between  July  1,  1991 and June 30, 1992, between July 1, 1992 and June
 30, 1993, between July 1, 1993 and June 30, 1994, between July  1,  1994
 and  June 30, 1995, between July 1, 1995 and June 30, 1996, between July
 1, 1996 and June 30, 1997, between July  1,  1997  and  June  30,  1998,
 between  July  1,  1998 and June 30, 1999, between July 1, 1999 and June
 30, 2000, between July 1, 2000 and June 30, 2001, between July  1,  2001
 and  June 30, 2002, between July 1, 2002 and June 30, 2003, between July
 1, 2003 and June 30, 2004, between July  1,  2004  and  June  30,  2005,

 S. 7507--A                         35                         A. 9507--A
 
 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,  between July 1, 2014 and June 30, 2015, between July 1, 2015
 and June 30, 2016, between July 1, 2016 and June 30, 2017, [and] between
 July 1, 2017 and June 30, 2018, AND BETWEEN JULY 1, 2018  AND  JUNE  30,
 2019  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 individ-
 ual policy, from an insurer licensed in this state of  primary  malprac-
 tice  insurance  coverage  in  amounts of no less than one million three
 hundred thousand dollars  for  each  claimant  and  three  million  nine
 hundred  thousand dollars for all claimants under that policy during the
 period of such excess coverage for such occurrences or  be  endorsed  as
 additional insureds under a hospital professional liability policy which
 is  offered  through  a  voluntary  attending  physician  ("channeling")
 program previously permitted by the superintendent of financial services
 during the period of such excess coverage for such  occurrences.  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 malpractice  insur-
 ance  coverage  provided  pursuant to this act, exceeds the rate of nine
 percent per annum, then the required level of primary malpractice insur-
 ance coverage in excess of one million dollars for each  claimant  shall
 be  in  an  amount  of  not less than the dollar amount of such coverage
 available at nine percent per annum; the required level of such coverage
 for all claimants under that policy shall be in an amount not less  than
 three  times the dollar amount of coverage for each claimant; and excess
 coverage, when combined with such primary malpractice  insurance  cover-
 age, shall increase the aggregate level for each claimant by one million
 dollars  and  three  million  dollars  for  all  claimants; and provided
 further, that, with respect to policies of primary  medical  malpractice
 coverage  that  include  occurrences  between April 1, 2002 and June 30,
 2002, such requirement that coverage be in  amounts  no  less  than  one
 million  three  hundred  thousand  dollars  for  each claimant and three
 million nine hundred thousand dollars for all claimants for such  occur-
 rences shall be effective April 1, 2002.
   §  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 16
 of part H of chapter 57 of the laws of  2017,  is  amended  to  read  as
 follows:
   (3)(a)  The  superintendent  of 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

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 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, between July 1, 2014 and June
 30, 2015, between July 1, 2015 and June 30, 2016, and  between  July  1,
 2016  and  June  30, 2017, [and] between July 1, 2017 and June 30, 2018,
 AND BETWEEN JULY 1, 2018 AND JUNE 30, 2019  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 deter-
 mination and certification as necessary.
   (b)  The  superintendent  of  financial  services  shall determine and
 certify to each general hospital and to the commissioner of  health  the
 cost  of  excess malpractice insurance or equivalent excess coverage for
 medical 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,
 between July 1, 2014 and June 30, 2015, between July 1,  2015  and  June
 30,  2016,  [and]  between July 1, 2016 and June 30, 2017, [and] between
 July 1, 2017 and June 30, 2018, AND BETWEEN JULY 1, 2018  AND  JUNE  30,
 2019  allocable  to  each  general  hospital  for physicians or dentists
 certified as eligible for purchase of  a  policy  for  excess  insurance
 coverage  or  equivalent  excess  coverage  by  such general hospital in
 accordance with subdivision 2 of this section, and may amend such deter-
 mination and certification as necessary. The superintendent of 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

 S. 7507--A                         37                         A. 9507--A
 
 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,  to  the  period July 1, 2014 and June 30, 2015, to the
 period July 1, 2015 and June 30, 2016, and between July 1, 2016 and June
 30, 2017, and to the period July 1, 2017 [and] TO June 30, 2018, AND  TO
 THE PERIOD JULY 1, 2018 TO JUNE 30, 2019.
   § 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 17 of part H of chapter 57 of the
 laws of 2017, 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, during the period July 1, 2014  to
 June  30,  2015,  during the period July 1, 2015 [and] TO June 30, 2016,
 during the period July 1, 2016 [and] TO June 30, 2017, [and] during  the

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 period  July  1, 2017 [and] TO June 30, 2018, AND DURING THE PERIOD JULY
 1, 2018 TO JUNE 30, 2019 allocated or  reallocated  in  accordance  with
 paragraph  (a)  of  subdivision  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 cover-
 age is purchased for such period shall be responsible for payment to the
 provider of excess insurance coverage or equivalent excess  coverage  of
 an  allocable  share  of  such  insufficiency, based on the ratio of the
 total cost of such coverage for such physician to the sum of  the  total
 cost of such coverage for all physicians applied to such insufficiency.
   (b)  Each  provider  of excess insurance coverage or equivalent excess
 coverage covering the period July 1, 1992 to June 30, 1993, or  covering
 the period July 1, 1993 to June 30, 1994, or covering the period July 1,
 1994  to  June 30, 1995, or covering the period July 1, 1995 to June 30,
 1996, or covering the period July 1, 1996 to June 30, 1997, or  covering
 the period July 1, 1997 to June 30, 1998, or covering the period July 1,
 1998  to  June 30, 1999, or covering the period July 1, 1999 to June 30,
 2000, or covering the period July 1, 2000 to June 30, 2001, or  covering
 the  period  July  1,  2001  to October 29, 2001, or covering the period
 April 1, 2002 to June 30, 2002, or covering the period July 1,  2002  to
 June  30, 2003, or covering the period July 1, 2003 to June 30, 2004, or
 covering the period July 1, 2004 to June 30, 2005, or covering the peri-
 od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
 June 30, 2007, or covering the period July 1, 2007 to June 30, 2008,  or
 covering the period July 1, 2008 to June 30, 2009, or covering the peri-
 od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
 June  30, 2011, or covering the period July 1, 2011 to June 30, 2012, or
 covering the period July 1, 2012 to June 30, 2013, or covering the peri-
 od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
 June 30, 2015, or covering the period July 1, 2015 to June 30, 2016,  or
 covering the period July 1, 2016 to June 30, 2017, or covering the peri-
 od July 1, 2017 to June 30, 2018, OR COVERING THE PERIOD JULY 1, 2018 TO
 JUNE  30,  2019  shall  notify  a  covered physician or dentist by mail,
 mailed to the address shown on the last application for excess insurance
 coverage or equivalent excess  coverage,  of  the  amount  due  to  such
 provider  from such physician or dentist for such coverage period deter-
 mined in accordance with paragraph (a) of this subdivision. Such  amount
 shall  be  due from such physician or dentist to such provider of excess
 insurance coverage or equivalent excess coverage in a  time  and  manner
 determined by the superintendent of 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,

 S. 7507--A                         39                         A. 9507--A
 
 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, or  covering
 the period July 1, 2016 to June 30, 2017, or covering the period July 1,
 2017  to  June 30, 2018, OR COVERING THE PERIOD JULY 1, 2018 TO JUNE 30,
 2019 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 financial  services  pursuant  to
 paragraph  (b)  of this subdivision, excess insurance coverage or equiv-
 alent excess coverage purchased for such physician or dentist in accord-
 ance 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 financial services  and  the
 commissioner  of  health or their designee of each physician 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 cover-
 ing 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 peri-
 od 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 peri-
 od 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 peri-
 od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
 June  30, 2016, or covering the period July 1, 2016 to June 30, 2017, or
 covering the period July 1, 2017 to June 30, 2018, OR COVERING THE PERI-
 OD JULY 1, 2018 TO JUNE 30, 2019 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

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 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, to the period July 1, 2016 to June 30, 2017,  and
 to  the  period July 1, 2017 to June 30, 2018, AND TO THE PERIOD JULY 1,
 2018 TO JUNE 30, 2019 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, and covering the period July 1,
 2016 to June 30, 2017, and covering the period July 1, 2017 to June  30,
 2018, AND COVERING THE PERIOD JULY 1, 2018 TO JUNE 30, 2019 for a physi-
 cian  or  dentist  where  such  excess  insurance coverage or equivalent
 excess coverage is cancelled in accordance with paragraph  (c)  of  this
 subdivision.
   § 4. Section 40 of chapter 266 of the laws of 1986, amending the civil
 practice  law  and  rules  and  other  laws  relating to malpractice and
 professional medical conduct, as amended by section  18  of  part  H  of
 chapter 57 of the laws of 2017, is amended to read as follows:
   §  40.  The superintendent of 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,
 [2018] 2019; 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  establish  segregated
 accounts  for premiums, payments, reserves and investment income attrib-
 utable to such premium periods and shall require periodic reports by the
 insurers regarding claims and expenses attributable to such  periods  to
 monitor whether such accounts will be sufficient to meet incurred claims
 and  expenses. On or after July 1, 1989, the superintendent shall impose
 a surcharge on premiums  to  satisfy  a  projected  deficiency  that  is
 attributable  to the premium levels established pursuant to this section

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 for such periods; provided, however, that such  annual  surcharge  shall
 not  exceed  eight  percent of the established rate until July 1, [2018]
 2019, at which time and thereafter such surcharge shall not exceed twen-
 ty-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,  [2018]
 2019  policy  periods;  in  the  event  and to the extent physicians and
 surgeons were insured by another insurer during such periods, all  or  a
 pro  rata  share of the surcharge, as the case may be, shall be remitted
 to such other insurer in accordance with rules  and  regulations  to  be
 promulgated by the superintendent.  Surcharges collected from physicians
 and  surgeons  who  were not insured during such policy periods shall be
 apportioned among all insurers in proportion to the premium  written  by
 each  insurer  during such policy periods; if a physician or surgeon was
 insured by an insurer subject to rates established by the superintendent
 during such policy periods, and  at  any  time  thereafter  a  hospital,
 health  maintenance organization, employer or institution is responsible
 for responding in damages for liability arising out of such  physician's
 or  surgeon's  practice  of medicine, such responsible entity shall also
 remit to such prior insurer the equivalent amount  that  would  then  be
 collected  as  a  surcharge if the physician or surgeon had continued to
 remain insured by such prior insurer. In  the  event  any  insurer  that
 provided  coverage  during  such  policy  periods is in liquidation, the
 property/casualty insurance security fund shall receive the  portion  of
 surcharges to which the insurer in liquidation would have been entitled.
 The surcharges authorized herein shall be deemed to be income earned for
 the  purposes of section 2303 of the insurance law.  The superintendent,
 in establishing adequate rates and in determining  any  projected  defi-
 ciency  pursuant  to  the requirements of this section and the insurance
 law, shall give substantial weight, determined  in  his  discretion  and
 judgment,  to  the  prospective  anticipated  effect  of any regulations
 promulgated and laws enacted and the  public  benefit  of    stabilizing
 malpractice rates and minimizing rate level fluctuation during the peri-
 od  of  time  necessary for the development of more reliable statistical
 experience as to the efficacy of such  laws  and  regulations  affecting
 medical, dental or podiatric malpractice enacted or promulgated in 1985,
 1986,  by this act and at any other time.  Notwithstanding any provision
 of the insurance law, rates already established and to be established by
 the superintendent pursuant to this section are deemed adequate if  such
 rates  would be adequate when taken together with the maximum authorized
 annual surcharges to be imposed for a reasonable period of time  whether
 or  not  any  such  annual surcharge has been actually imposed as of the
 establishment of such rates.
   § 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, relating to the  effec-
 tiveness of certain provisions of such chapter, as amended by section 19
 of  part  H  of  chapter  57 of the laws of 2017, are amended to read as
 follows:
   § 5. The superintendent of financial services and the commissioner  of
 health shall determine, no later than June 15, 2002, June 15, 2003, June

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 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, June 15, 2015, June 15, 2016, June 15, 2017, [and]
 June  15,  2018,  AND JUNE 15, 2019 the amount of funds available in the
 hospital excess liability pool, created pursuant to section 18 of  chap-
 ter  266  of the laws of 1986, and whether such funds are sufficient for
 purposes of purchasing excess insurance coverage  for  eligible  partic-
 ipating  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, or July 1, 2016 to June 30, 2017, or [to] July 1, 2017 to June 30,
 2018, OR JULY 1, 2018 TO JUNE 30, 2019 as applicable.
   (a)  This section shall be effective only upon a determination, pursu-
 ant to section five of this act,  by  the  superintendent  of  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  liabil-
 ity  pool,  created pursuant to section 18 of chapter 266 of the laws of
 1986, is insufficient for purposes of purchasing excess insurance cover-
 age 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, or July 1, 2016 to June 30, 2017, or July  1,  2017  to  June  30,
 2018, OR JULY 1, 2018 TO JUNE 30, 2019 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  financial  services  for  the purchase of excess liability insurance
 coverage for eligible participating  physicians  and  dentists  for  the
 policy  year  July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30,
 2003, or July 1, 2003 to June 30, 2004, or July  1,  2004  to  June  30,
 2005,  or  July  1,  2005  to June 30, 2006, or July 1, 2006 to June 30,
 2007, as applicable, and the cost of administering the  hospital  excess
 liability pool for such applicable policy year,  pursuant to the program
 established  in  chapter  266  of the laws of 1986, as amended, no later
 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,  June  15,
 2015,  June  15,  2016, June 15, 2017, [and] June 15, 2018, AND JUNE 15,
 2019 as applicable.
   § 6. Section 20 of part H of chapter 57 of the laws of 2017,  amending
 the  New  York Health Care Reform Act of 1996 and other laws relating to
 extending certain provisions thereto, is amended to read as follows:
   § 20. Notwithstanding any law, rule or  regulation  to  the  contrary,
 only  physicians  or dentists who were eligible, and for whom the super-

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 intendent 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 [seventeen] EIGHTEEN, shall be eligible to apply  for  such
 coverage  for the coverage period beginning the first of July, two thou-
 sand [seventeen] EIGHTEEN; 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 [seventeen] EIGHTEEN exceeds the total number of
 physicians or dentists certified as eligible  for  the  coverage  period
 beginning the first of July, two thousand [seventeen] EIGHTEEN, 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 thirtieth of June, two thousand
 [seventeen] EIGHTEEN, 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 [seventeen] EIGHTEEN and the number
 of such eligible physicians or dentists  who  have  applied  for  excess
 coverage or equivalent excess coverage for the coverage period beginning
 the first of July, two thousand [seventeen] EIGHTEEN.
   § 7. This act shall take effect immediately.
 
                                  PART N
 
   Section 1. The opening paragraph of subdivision 1 of section 1 of part
 C  of  chapter  57  of  the  laws of 2006, establishing a cost of living
 adjustment for designated human services, is amended to read as follows:
   Subject to available appropriations, the commissioners of  the  office
 of  mental  health, office of mental retardation and developmental disa-
 bilities, office of alcoholism and substance abuse services, [department
 of health,] office of children and family services and the state  office
 for  the  aging  shall  establish  an  annual  cost of living adjustment
 (COLA), subject to the approval of the director of the budget, effective
 April first of each state fiscal year, provided, however, that in  state
 fiscal  year  2006-07,  the  cost of living adjustment will be effective
 October first, to project for the effects of  inflation,  for  rates  of
 payments,  contracts or any other form of reimbursement for the programs
 listed in paragraphs (i), (ii), (iii), (iv)[,] AND  (v)  [and  (vi)]  of
 subdivision  four  of  this  section.  The  COLA shall be applied to the
 appropriate portion of reimbursable costs or contract amounts.
   § 2. Paragraph (iv) of subdivision 4 of section 1 of part C of chapter
 57 of the laws of 2006, establishing a cost  of  living  adjustment  for
 designated  human  services, is REPEALED and paragraphs (v) and (vi) are
 renumbered paragraphs (iv) and (v).
   § 3. This act shall take effect immediately.
 
                                  PART O
 
   Section 1. Subdivisions 9 and 10 of section 2541 of the public  health
 law, as added by chapter 428 of the laws of 1992, are amended to read as
 follows:

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   9.  "Evaluation"  means  a  multidisciplinary  professional, objective
 [assessment] EXAMINATION conducted by appropriately qualified  personnel
 and conducted pursuant to section twenty-five hundred forty-four of this
 title to determine a child's eligibility under this title.
   10.  "Evaluator"  means  a [team of two or more professionals approved
 pursuant to section twenty-five hundred fifty-one of this title] PROVID-
 ER APPROVED BY THE DEPARTMENT to conduct screenings and evaluations.
   § 2. Section 2541 of the public health law is amended by adding  three
 new subdivisions 12-a, 14-a and 15-a to read as follows:
   12-A.  "MULTIDISCIPLINARY"  MEANS THE INVOLVEMENT OF TWO OR MORE SEPA-
 RATE DISCIPLINES OR PROFESSIONS, WHICH MAY MEAN THE INVOLVEMENT  OF  ONE
 INDIVIDUAL WHO MEETS THE DEFINITION OF QUALIFIED PERSONNEL AS DEFINED IN
 SUBDIVISION  FIFTEEN OF THIS SECTION AND WHO IS QUALIFIED, IN ACCORDANCE
 WITH STATE LICENSURE, CERTIFICATION OR OTHER  COMPARABLE  STANDARDS,  TO
 EVALUATE ALL FIVE DEVELOPMENTAL DOMAINS.
   14-A.  A  "PARTIAL  EVALUATION"  SHALL  MEAN AN EVALUATION IN A SINGLE
 DEVELOPMENTAL AREA FOR PURPOSES OF DETERMINING ELIGIBILITY, AND MAY ALSO
 MEAN AN EXAMINATION OF THE CHILD TO DETERMINE THE NEED FOR  A  MODIFICA-
 TION TO THE CHILD'S INDIVIDUALIZED FAMILY SERVICE PLAN.
   15-A. "SCREENING" MEANS THE PROCEDURES USED BY QUALIFIED PERSONNEL, AS
 DEFINED  IN  SUBDIVISION FIFTEEN OF THIS SECTION, TO DETERMINE WHETHER A
 CHILD IS SUSPECTED OF HAVING A DISABILITY AND IN NEED  OF  EARLY  INTER-
 VENTION SERVICES, AND SHALL INCLUDE, WHERE AVAILABLE AND APPROPRIATE FOR
 THE  CHILD,  THE  ADMINISTRATION OF A STANDARDIZED INSTRUMENT OR INSTRU-
 MENTS APPROVED BY THE DEPARTMENT, IN ACCORDANCE WITH  SUBDIVISION  THREE
 OF SECTION TWENTY-FIVE HUNDRED FORTY-FOUR OF THIS TITLE.
   §  3.  Subdivision  3  of  section  2542  of the public health law, as
 amended by chapter 231 of the laws  of  1993,  is  amended  to  read  as
 follows:
   3.  [The] (A) UNLESS AN INFANT OR TODDLER HAS ALREADY BEEN REFERRED TO
 THE EARLY INTERVENTION PROGRAM OR  THE  HEALTH  OFFICER  OF  THE  PUBLIC
 HEALTH DISTRICT IN WHICH THE INFANT OR TODDLER RESIDES, AS DESIGNATED BY
 THE MUNICIPALITY, THE following persons and entities, within two working
 days of identifying an infant or toddler suspected of having a disabili-
 ty or at risk of having a disability, shall refer such infant or toddler
 to  the early intervention official or the health officer [of the public
 health district in which the infant or toddler resides, as designated by
 the municipality], AS APPLICABLE, but in no event over the objection  of
 the parent made in accordance with procedures established by the depart-
 ment  for  use  by  such primary referral sources[, unless the child has
 already been referred]:   hospitals, child health  care  providers,  day
 care  programs,  local school districts, public health facilities, early
 childhood direction centers and such other  social  service  and  health
 care  agencies  and providers as the commissioner shall specify in regu-
 lation; provided, however, that the department  shall  establish  proce-
 dures,  including regulations if required, to ensure that primary refer-
 ral sources adequately inform the parent or  guardian  about  the  early
 intervention  program, including through brochures and written materials
 created or approved by the department.
   (B) THE PRIMARY REFERRAL SOURCES IDENTIFIED IN PARAGRAPH (A)  OF  THIS
 SUBDIVISION  SHALL,  WITH PARENTAL CONSENT, COMPLETE AND TRANSMIT AT THE
 TIME OF REFERRAL, A REFERRAL FORM  DEVELOPED  BY  THE  DEPARTMENT  WHICH
 CONTAINS   INFORMATION  SUFFICIENT  TO  DOCUMENT  THE  PRIMARY  REFERRAL
 SOURCE'S CONCERN OR BASIS FOR SUSPECTING THE CHILD HAS A  DISABILITY  OR
 IS  AT  RISK OF HAVING A DISABILITY, AND WHERE APPLICABLE, SPECIFIES THE
 CHILD'S DIAGNOSED CONDITION THAT ESTABLISHES THE CHILD'S ELIGIBILITY FOR

 S. 7507--A                         45                         A. 9507--A
 
 THE EARLY INTERVENTION PROGRAM. THE PRIMARY REFERRAL SOURCE SHALL INFORM
 THE PARENT OF A CHILD WITH A DIAGNOSED CONDITION THAT HAS A HIGH  PROBA-
 BILITY OF RESULTING IN DEVELOPMENTAL DELAY, THAT (I) ELIGIBILITY FOR THE
 PROGRAM  MAY  BE ESTABLISHED BY MEDICAL OR OTHER RECORDS AND (II) OF THE
 IMPORTANCE OF PROVIDING CONSENT FOR THE PRIMARY REFERRAL SOURCE TO TRAN-
 SMIT RECORDS OR REPORTS NECESSARY TO  SUPPORT  THE  DIAGNOSIS,  OR,  FOR
 PARENTS  OR GUARDIANS OF CHILDREN WHO DO NOT HAVE A DIAGNOSED CONDITION,
 RECORDS OR REPORTS THAT WOULD ASSIST IN DETERMINING ELIGIBILITY FOR  THE
 PROGRAM.
   § 4. Section 2544 of the public health law, as added by chapter 428 of
 the  laws  of 1992, paragraph (c) of subdivision 2 as added by section 1
 of part A of chapter 56 of the laws of 2012 and subdivision 11 as  added
 by section 3 of part B3 of chapter 62 of the laws of 2003, is amended to
 read as follows:
   §  2544.  Screening  and  evaluations.  1. Each child thought to be an
 eligible child  is  entitled  to  [a  multidisciplinary]  AN  evaluation
 CONDUCTED  IN  ACCORDANCE  WITH THIS SECTION, and the early intervention
 official shall ensure such evaluation, with parental consent.
   2. (a) [The] SUBJECT TO THE PROVISIONS OF THIS TITLE, THE  parent  may
 select an evaluator from the list of approved evaluators as described in
 section  twenty-five  hundred  forty-two  of  this  title to conduct the
 APPLICABLE SCREENING AND/OR evaluation IN ACCORDANCE WITH THIS  SECTION.
 The  parent or evaluator shall immediately notify the early intervention
 official of such selection. THE EVALUATOR SHALL REVIEW  THE  INFORMATION
 AND  DOCUMENTATION PROVIDED WITH THE REFERRAL TO DETERMINE THE APPROPRI-
 ATE SCREENING OR EVALUATION PROCESS TO FOLLOW IN  ACCORDANCE  WITH  THIS
 SECTION.  The  evaluator may begin the SCREENING OR evaluation no sooner
 than  four  working  days  after  such  notification,  unless  otherwise
 approved by the initial service coordinator.
   (b)  [the  evaluator  shall  designate  an individual as the principal
 contact for the multidisciplinary  team]  INITIAL  SERVICE  COORDINATORS
 SHALL INFORM THE PARENT OF THE APPLICABLE SCREENING OR EVALUATION PROCE-
 DURES  THAT  MAY  BE PERFORMED. FOR A CHILD REFERRED TO THE EARLY INTER-
 VENTION OFFICIAL WHO HAS A DIAGNOSED PHYSICAL OR MENTAL  CONDITION  THAT
 HAS  A HIGH PROBABILITY OF RESULTING IN DEVELOPMENTAL DELAY, THE INITIAL
 SERVICE COORDINATOR SHALL INFORM THE PARENT THAT THE EVALUATION  OF  THE
 CHILD  SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN
 SUBDIVISION FIVE OF THIS SECTION.
   (c) If, in consultation with the evaluator,  the  service  coordinator
 identifies a child that is potentially eligible for programs or services
 offered  by or under the auspices of the office for people with develop-
 mental disabilities, the service coordinator shall, with parent consent,
 notify the office for people with developmental  disabilities'  regional
 developmental  disabilities services office of the potential eligibility
 of such child for said programs or services.
   3. [(a) To determine eligibility, an evaluator  shall,  with  parental
 consent, either (i) screen a child to determine what type of evaluation,
 if any, is warranted, or (ii) provide a multidisciplinary evaluation. In
 making the determination whether to provide an evaluation, the evaluator
 may  rely on a recommendation from a physician or other qualified person
 as designated by the commissioner.
   (b)] SCREENINGS  FOR  CHILDREN  REFERRED  TO  THE  EARLY  INTERVENTION
 PROGRAM  TO DETERMINE WHETHER THEY ARE SUSPECTED OF HAVING A DISABILITY.
 (A) FOR A CHILD REFERRED TO THE EARLY INTERVENTION PROGRAM,  THE  EVALU-
 ATOR  SHALL  FIRST  PERFORM  A  SCREENING  OF  THE  CHILD, WITH PARENTAL

 S. 7507--A                         46                         A. 9507--A
 
 CONSENT, TO DETERMINE WHETHER THE CHILD IS SUSPECTED OF HAVING  A  DISA-
 BILITY.
   (B)  THE  EVALUATOR SHALL UTILIZE A STANDARDIZED INSTRUMENT OR INSTRU-
 MENTS APPROVED BY THE DEPARTMENT TO CONDUCT THE SCREENING. IF THE EVALU-
 ATOR DOES NOT UTILIZE A STANDARDIZED INSTRUMENT OR INSTRUMENTS  APPROVED
 BY  THE  DEPARTMENT  FOR  THE SCREENING, THE EVALUATOR SHALL DOCUMENT IN
 WRITING WHY SUCH STANDARDIZED INSTRUMENT OR INSTRUMENTS ARE  UNAVAILABLE
 OR INAPPROPRIATE FOR THE CHILD.
   (C)  THE  EVALUATOR  SHALL EXPLAIN THE RESULTS OF THE SCREENING TO THE
 PARENT AND SHALL FULLY DOCUMENT THE RESULTS IN WRITING.
   (D) If, based upon the screening, a child is [believed to be eligible,
 or if otherwise elected by the parent] SUSPECTED OF HAVING A DISABILITY,
 the child shall, with  [the  consent  of  a  parent]  PARENTAL  CONSENT,
 receive  [a  multidisciplinary  evaluation.  All  evaluations  shall  be
 conducted in accordance with] AN EVALUATION TO BE CONDUCTED  IN  ACCORD-
 ANCE  WITH THE PROCEDURES SET FORTH IN SUBDIVISION FOUR OF THIS SECTION,
 the coordinated standards and procedures, and [with] regulations promul-
 gated by the commissioner.
   (E) IF, BASED UPON THE SCREENING, A CHILD IS NOT SUSPECTED OF HAVING A
 DISABILITY, AN EVALUATION SHALL NOT BE PROVIDED, UNLESS REQUESTED BY THE
 PARENT. THE EARLY INTERVENTION OFFICIAL SHALL PROVIDE  THE  PARENT  WITH
 WRITTEN NOTICE OF THE SCREENING RESULTS, WHICH SHALL INCLUDE INFORMATION
 ON THE PARENT'S RIGHT TO REQUEST AN EVALUATION.
   (F)  A SCREENING SHALL NOT BE PROVIDED TO CHILDREN WHO ARE REFERRED TO
 THE EARLY INTERVENTION PROGRAM WHO HAVE A DIAGNOSED PHYSICAL  OR  MENTAL
 CONDITION  WITH  A  HIGH PROBABILITY OF RESULTING IN DEVELOPMENTAL DELAY
 THAT ESTABLISHES ELIGIBILITY FOR THE PROGRAM OR FOR  CHILDREN  WHO  HAVE
 PREVIOUSLY RECEIVED AN EVALUATION UNDER THE EARLY INTERVENTION PROGRAM.
   4. The evaluation of [each] A child shall:
   (a)  INCLUDE THE ADMINISTRATION OF AN EVALUATION INSTRUMENT OR INSTRU-
 MENTS APPROVED BY THE DEPARTMENT. IF THE EVALUATOR DOES NOT  UTILIZE  AN
 INSTRUMENT  OR  INSTRUMENTS  APPROVED  BY  THE DEPARTMENT AS PART OF THE
 EVALUATION OF THE CHILD, THE EVALUATOR SHALL  DOCUMENT  IN  WRITING  WHY
 SUCH  INSTRUMENT OR INSTRUMENTS ARE NOT APPROPRIATE OR AVAILABLE FOR THE
 CHILD;
   (B) be conducted by personnel trained to utilize  appropriate  methods
 and procedures;
   [(b)] (C) be based on informed clinical opinion;
   [(c)]  (D)  be  made without regard to the availability of services in
 the municipality or who might provide such services; [and
   (d)] (E) with parental consent, include the following:
   (i) a review of pertinent  records  related  to  the  child's  current
 health status and medical history; AND
   (ii)  an evaluation of the child's level of functioning in each of the
 developmental areas set forth in paragraph (c) of subdivision  seven  of
 section  twenty-five  hundred  forty-one  of  this title[;] TO DETERMINE
 WHETHER THE CHILD HAS A DISABILITY AS DEFINED IN THIS TITLE THAT  ESTAB-
 LISHES THE CHILD'S ELIGIBILITY FOR THE PROGRAM; AND
   (F)  IF  THE CHILD HAS BEEN DETERMINED ELIGIBLE BY THE EVALUATOR AFTER
 CONDUCTING THE PROCEDURES SET FORTH IN PARAGRAPHS  (A)  THROUGH  (E)  OF
 THIS SUBDIVISION, THE EVALUATION SHALL ALSO INCLUDE:
   [(iii)]  (I)  an assessment [of the unique needs of the child in terms
 of] FOR THE PURPOSES OF IDENTIFYING THE  CHILD'S  UNIQUE  STRENGTHS  AND
 NEEDS  IN each of the developmental areas [set forth in paragraph (c) of
 subdivision seven of  section  twenty-five  hundred  forty-one  of  this

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 title,  including  the  identification  of]  AND  THE EARLY INTERVENTION
 services appropriate to meet those needs;
   [(iv)] (II) A FAMILY-DIRECTED ASSESSMENT, IF CONSENTED TO BY THE FAMI-
 LY,  IN  ORDER  TO  IDENTIFY  THE  FAMILY'S  RESOURCES,  PRIORITIES, AND
 CONCERNS AND THE SUPPORTS NECESSARY TO ENHANCE THE FAMILY'S CAPACITY  TO
 MEET  THE  DEVELOPMENTAL NEEDS OF THE CHILD. THE FAMILY ASSESSMENT SHALL
 BE VOLUNTARY ON THE PART OF EACH  FAMILY  MEMBER  PARTICIPATING  IN  THE
 ASSESSMENT;
   (III)  an  [evaluation]  ASSESSMENT of the transportation needs of the
 child, if any; and
   [(v)] (IV) such other matters as the  commissioner  may  prescribe  in
 regulation.
   5. EVALUATIONS FOR CHILDREN WHO ARE REFERRED TO THE EARLY INTERVENTION
 OFFICIAL  WITH  DIAGNOSED PHYSICAL OR MENTAL CONDITIONS THAT HAVE A HIGH
 PROBABILITY OF RESULTING IN DEVELOPMENTAL DELAY. (A) IF A  CHILD  HAS  A
 DIAGNOSED  PHYSICAL  OR  MENTAL CONDITION THAT HAS A HIGH PROBABILITY OF
 RESULTING IN DEVELOPMENTAL DELAY, THE CHILD'S MEDICAL OR  OTHER  RECORDS
 SHALL  BE USED, WHEN AVAILABLE, TO ESTABLISH THE CHILD'S ELIGIBILITY FOR
 THE PROGRAM.
   (B) THE EVALUATOR SHALL, UPON REVIEW OF THE REFERRAL FORM PROVIDED  IN
 ACCORDANCE  WITH  SECTION TWENTY-FIVE HUNDRED FORTY-TWO OF THIS TITLE OR
 ANY MEDICAL OR OTHER RECORDS, OR AT THE TIME OF INITIAL CONTACT WITH THE
 CHILD'S FAMILY, DETERMINE WHETHER THE CHILD HAS  A  DIAGNOSED  CONDITION
 THAT  ESTABLISHES THE CHILD'S ELIGIBILITY FOR THE PROGRAM. IF THE EVALU-
 ATOR HAS REASON TO BELIEVE, AFTER SPEAKING WITH THE CHILD'S FAMILY, THAT
 THE CHILD MAY HAVE A DIAGNOSED CONDITION THAT  ESTABLISHES  THE  CHILD'S
 ELIGIBILITY  BUT  THE  EVALUATOR  HAS  NOT BEEN PROVIDED WITH MEDICAL OR
 OTHER  DOCUMENTATION  OF  SUCH  DIAGNOSIS,  THE  EVALUATOR  SHALL,  WITH
 PARENTAL  CONSENT,  OBTAIN  SUCH DOCUMENTATION, WHEN AVAILABLE, PRIOR TO
 PROCEEDING WITH THE EVALUATION OF THE CHILD.
   (C) THE EVALUATOR SHALL REVIEW ALL RECORDS RECEIVED TO  DOCUMENT  THAT
 THE  CHILD'S  DIAGNOSIS  AS  SET  FORTH  IN SUCH RECORDS ESTABLISHES THE
 CHILD'S ELIGIBILITY FOR THE EARLY INTERVENTION PROGRAM.
   (D) NOTWITHSTANDING SUBDIVISION FOUR OF THIS SECTION, IF  THE  CHILD'S
 ELIGIBILITY FOR THE EARLY INTERVENTION PROGRAM IS ESTABLISHED IN ACCORD-
 ANCE  WITH  THIS  SUBDIVISION,  THE  EVALUATION  OF  THE CHILD SHALL (I)
 CONSIST OF A REVIEW OF THE RESULTS OF THE MEDICAL OR OTHER RECORDS  THAT
 ESTABLISHED THE CHILD'S ELIGIBILITY, AND ANY OTHER PERTINENT EVALUATIONS
 OR  RECORDS  AVAILABLE  AND (II) COMPLY WITH THE PROCEDURES SET FORTH IN
 PARAGRAPH (F) OF SUBDIVISION FOUR OF THIS SECTION. THE EVALUATION PROCE-
 DURES SET FORTH IN PARAGRAPHS (A) THROUGH (E)  OF  SUBDIVISION  FOUR  OF
 THIS SECTION SHALL NOT BE REQUIRED OR CONDUCTED.
   6. An evaluation shall not include a reference to any specific provid-
 er of early intervention services.
   [6.]  7.  Nothing  in  this  section  shall restrict an evaluator from
 utilizing, in addition to findings from his or her personal examination,
 other examinations, evaluations or assessments conducted for such child,
 including those conducted prior to the evaluation under this section, if
 such examinations, evaluations or assessments are  consistent  with  the
 coordinated standards and procedures.
   [7.]  8.  Following  completion of the evaluation, the evaluator shall
 provide the parent and service coordinator with a copy of a  summary  of
 the  full  evaluation.  To  the extent practicable, the summary shall be
 provided in the native language of  the  parent.  Upon  request  of  the
 parent,  early  intervention official or service coordinator, the evalu-

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 ator shall provide a copy of the full evaluation to such  parent,  early
 intervention official or service coordinator.
   [8.]  9.  A parent who disagrees with the results of an evaluation may
 obtain an additional evaluation or partial evaluation at public  expense
 to the extent authorized by federal law or regulation.
   [9.] 10. Upon receipt of the results of an evaluation, a service coor-
 dinator may, with parental consent, require additional diagnostic infor-
 mation  regarding  the  condition  of the child, provided, however, that
 such evaluation or assessment is not unnecessarily duplicative or  inva-
 sive to the child, and provided further, that:
   (a) where the evaluation has established the child's eligibility, such
 additional  diagnostic information shall be used solely to provide addi-
 tional information to the parent and service coordinator  regarding  the
 child's  need  for services and cannot be a basis for refuting eligibil-
 ity;
   (b) the service coordinator provides the parent with a written  expla-
 nation of the basis for requiring additional diagnostic information;
   (c)  the  additional  diagnostic  procedures  are at no expense to the
 parent; and
   (d) the evaluation is completed and a meeting to develop  an  IFSP  is
 held  within  the  time prescribed in subdivision one of section twenty-
 five hundred forty-five of this title.
   [10.] 11. (a) If the screening indicates that the infant or toddler is
 not an eligible child and the parent elects not to have  an  evaluation,
 or  if  the  evaluation  indicates  that the infant or toddler is not an
 eligible child, the service coordinator shall inform the parent of other
 programs or services that may benefit such child, and the child's family
 and, with parental  consent,  refer  such  child  to  such  programs  or
 services.
   (b)  A  parent  may  appeal a determination that a child is ineligible
 pursuant to the provisions of section twenty-five hundred forty-nine  of
 this  title,  provided,  however,  that  a  parent may not initiate such
 appeal until all evaluations are completed.   IN ADDITION, FOR  A  CHILD
 REFERRED TO THE EARLY INTERVENTION OFFICIAL WHO HAS A DIAGNOSED PHYSICAL
 OR  MENTAL  CONDITION  THAT  ESTABLISHES THE CHILD'S ELIGIBILITY FOR THE
 PROGRAM IN ACCORDANCE WITH SUBDIVISION FIVE OF THIS SECTION, THE  PARENT
 MAY  APPEAL  THE  DENIAL  OF A REQUEST TO HAVE THE EVALUATOR CONDUCT THE
 EVALUATION PROCEDURES SET FORTH IN PARAGRAPHS (A) THROUGH (E) OF  SUBDI-
 VISION  FOUR OF THIS SECTION, PROVIDED, HOWEVER, THAT THE PARENT MAY NOT
 INITIATE THE APPEAL UNTIL THE EVALUATION CONDUCTED  IN  ACCORDANCE  WITH
 SUBDIVISION FIVE OF THIS SECTION IS COMPLETED.
   [11.]  12. Notwithstanding any other provision of law to the contrary,
 where a request has been made to review an IFSP prior to  the  six-month
 interval  provided  in  subdivision seven of section twenty-five hundred
 forty-five of this title for purposes of increasing frequency  or  dura-
 tion  of  an approved service, including service coordination, the early
 intervention official may require an additional  evaluation  or  partial
 evaluation  at  public  expense  by an approved evaluator other than the
 current provider of service, with parent consent.
   § 5. Section 3235-a of the insurance law, as added  by  section  3  of
 part  C  of  chapter 1 of the laws of 2002, subsection (c) as amended by
 section 17 of part A of chapter 56 of the laws of 2012,  is  amended  to
 read as follows:
   §  3235-a.  Payment  for early intervention services. (a) No policy of
 accident and health insurance, including contracts  issued  pursuant  to
 article  forty-three  of this chapter, shall exclude coverage for other-

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 wise covered services solely on the basis that the  services  constitute
 early  intervention  program services under title two-A of article twen-
 ty-five of the  public  health  law;  PROVIDED,  HOWEVER,  THE  INSURER,
 INCLUDING  A  HEALTH  MAINTENANCE  ORGANIZATION  ISSUED A CERTIFICATE OF
 AUTHORITY UNDER ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW AND A CORPO-
 RATION ORGANIZED UNDER ARTICLE FORTY-THREE OF THIS CHAPTER SHALL PAY FOR
 SUCH SERVICES TO THE EXTENT THAT THE  SERVICES  ARE  A  COVERED  BENEFIT
 UNDER THE POLICY.
   (b)  Where  a  policy  of  accident  and health insurance, including a
 contract  issued  pursuant  to  article  forty-three  of  this  chapter,
 provides coverage for an early intervention program service, such cover-
 age shall not be applied against any maximum annual or lifetime monetary
 limits set forth in such policy or contract.  ANY DOCUMENTATION OBTAINED
 PURSUANT  TO  SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION THREE OF
 SECTION TWENTY-FIVE HUNDRED FIFTY-NINE OF  THE  PUBLIC  HEALTH  LAW  AND
 SUBMITTED  TO  THE  INSURER  SHALL  BE  CONSIDERED AS PART OF PRECERTIF-
 ICATION, PREAUTHORIZATION AND/OR MEDICAL NECESSITY REVIEW IMPOSED  UNDER
 SUCH  POLICY  OF  ACCIDENT  AND  HEALTH  INSURANCE, INCLUDING A CONTRACT
 ISSUED PURSUANT TO ARTICLE FORTY-THREE OF THIS  CHAPTER.  Visit  limita-
 tions  and  other  terms  and  conditions of the policy will continue to
 apply to early intervention services. However, any visits used for early
 intervention program services shall not  reduce  the  number  of  visits
 otherwise available under the policy or contract for such services.
   (c)  Any  right  of  subrogation  to  benefits which a municipality or
 provider is entitled in accordance with  paragraph  (d)  of  subdivision
 three of section twenty-five hundred fifty-nine of the public health law
 shall  be  valid  and  enforceable  to the extent benefits are available
 under any accident and health insurance policy. The right of subrogation
 does not attach to insurance benefits paid or provided under  any  acci-
 dent  and  health  insurance  policy  prior to receipt by the insurer of
 written notice from the municipality or provider, as  applicable.    The
 insurer  shall  provide  [the] SUCH municipality and service coordinator
 with information on the extent of  benefits  available  to  the  covered
 person under such policy within fifteen days of the insurer's receipt of
 written request and notice authorizing such release. The service coordi-
 nator  shall provide such information to the rendering provider assigned
 to provide services to the child.
   (d) No insurer, including a health maintenance organization  issued  a
 certificate  of  authority under article forty-four of the public health
 law and a corporation organized under article forty-three of this  chap-
 ter,  shall  refuse  to issue an accident and health insurance policy or
 contract or refuse to renew an accident and health insurance  policy  or
 contract  solely  because the applicant or insured is receiving services
 under the early intervention program.
   § 6. Paragraph (a) of subdivision 3 of  section  2559  of  the  public
 health law, as amended by section 11 of part A of chapter 56 of the laws
 of 2012, is amended to read as follows:
   (a)  Providers of evaluations and early intervention services, herein-
 after collectively referred to in  this  subdivision  as  "provider"  or
 "providers",  shall  in  the  first  instance and where applicable, seek
 payment from all third  party  payors  including  governmental  agencies
 prior  to  claiming  payment  from  a given municipality for evaluations
 conducted under the program and for services rendered to eligible  chil-
 dren, provided that, the obligation to seek payment shall not apply to a
 payment  from  a  third  party payor who is not prohibited from applying
 such payment, and will apply such payment,  to  an  annual  or  lifetime

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 limit specified in the insured's policy.  IF SUCH A CLAIM IS DENIED BY A
 THIRD  PARTY PAYOR, THE PROVIDER SHALL REQUEST AN APPEAL OF SUCH DENIAL,
 IN A MANNER PRESCRIBED BY THE DEPARTMENT,  IN  ACCORDANCE  WITH  ARTICLE
 FORTY-NINE  OF THIS CHAPTER AND ARTICLE FORTY-NINE OF THE INSURANCE LAW,
 AND SHALL RECEIVE A DETERMINATION OF SUCH APPEAL PRIOR TO  SUBMITTING  A
 CLAIM  FOR  PAYMENT  FROM  ANOTHER THIRD PARTY PAYOR OR FROM THE MUNICI-
 PALITY. A PROVIDER SHALL NOT DELAY OR DISCONTINUE SERVICES  TO  ELIGIBLE
 CHILDREN  PENDING PAYMENT OF THE CLAIM OR PENDING A DETERMINATION OF ANY
 DENIAL FOR PAYMENT THAT HAS BEEN APPEALED.
   (i) [Parents] IN A FORM PRESCRIBED BY THE  DEPARTMENT,  PARENTS  shall
 provide  the municipality [and], service coordinator AND PROVIDER infor-
 mation on any insurance policy, plan or contract under which an eligible
 child has coverage.
   (ii) [Parents] IN A TIMELINE AND FORMAT AS PRESCRIBED BY  THE  DEPART-
 MENT,  THE  MUNICIPALITY  SHALL  REQUEST FROM THE PARENT, AND THE PARENT
 shall provide the municipality [and the service coordinator], WHO  SHALL
 PROVIDE  SUCH  DOCUMENTATION  TO  THE  SERVICE COORDINATOR AND PROVIDER,
 with: (A) a written ORDER, referral [from a  primary  care  provider  as
 documentation, for eligible children, of] OR RECOMMENDATION, SIGNED BY A
 PHYSICIAN,  PHYSICIAN  ASSISTANT  OR NURSE PRACTITIONER, FOR THE MEDICAL
 NECESSITY OF EARLY INTERVENTION EVALUATION SERVICES TO DETERMINE PROGRAM
 ELIGIBILITY FOR EARLY INTERVENTION SERVICES;
   (B) A COPY OF AN INDIVIDUALIZED FAMILY SERVICE PLAN AGREED UPON PURSU-
 ANT TO  SECTION  TWENTY-FIVE  HUNDRED  FORTY-FIVE  OF  THIS  TITLE  THAT
 CONTAINS  DOCUMENTATION,  SIGNED  BY A PHYSICIAN, PHYSICIAN ASSISTANT OR
 NURSE PRACTITIONER  ON  the  medical  necessity  of  early  intervention
 services INCLUDED IN THE INDIVIDUALIZED FAMILY SERVICE PLAN;
   (C)  WRITTEN  CONSENT  TO  CONTACT  THE  CHILD'S  PHYSICIAN, PHYSICIAN
 ASSISTANT OR NURSE PRACTITIONER FOR PURPOSES OF OBTAINING A SIGNED WRIT-
 TEN ORDER, REFERRAL, OR RECOMMENDATION AS DOCUMENTATION FOR THE  MEDICAL
 NECESSITY OF EARLY INTERVENTION EVALUATION SERVICES TO DETERMINE PROGRAM
 ELIGIBILITY FOR EARLY INTERVENTION SERVICES; OR
   (D)  WRITTEN  CONSENT  TO  CONTACT  THE  CHILD'S  PHYSICIAN, PHYSICIAN
 ASSISTANT  OR  NURSE  PRACTITIONER  FOR  PURPOSES  OF  OBTAINING  SIGNED
 DOCUMENTATION  OF  THE  MEDICAL NECESSITY OF EARLY INTERVENTION SERVICES
 CONTAINED WITHIN THE INDIVIDUALIZED  FAMILY  SERVICE  PLAN  AGREED  UPON
 PURSUANT TO SECTION TWENTY-FIVE HUNDRED FORTY-FIVE OF THIS TITLE.
   (iii)  [providers]  PROVIDERS  shall  utilize  the department's fiscal
 agent and data system for claiming payment AND FOR REQUESTING APPEALS OF
 CLAIMS DENIED BY  THIRD  PARTY  PAYORS,  for  evaluations  and  services
 rendered under the early intervention program.
   §  7.  Paragraph  (d)  of  subdivision 3 of section 2559 of the public
 health law, as amended by section 11 of part A of chapter 56 of the laws
 of 2012, is amended to read as follows:
   (d) A municipality, or its designee, and a provider shall be subrogat-
 ed, to the extent of the expenditures by such municipality or for  early
 intervention  services  furnished to persons eligible for benefits under
 this title, to any rights such person may have or be  entitled  to  from
 third  party  reimbursement. The provider SHALL SUBMIT ANY DOCUMENTATION
 OBTAINED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION AND shall submit notice to the insurer or plan administrator of his
 or her exercise of such right of subrogation upon the provider's assign-
 ment as the early intervention service provider for the child. The right
 of subrogation does not attach to benefits paid or  provided  under  any
 health  insurance  policy  or  health  benefits plan prior to receipt of

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 written notice of the exercise of subrogation rights by the  insurer  or
 plan administrator providing such benefits.
   §  8.  Subdivision  7  of  section  4900  of the public health law, as
 amended by chapter 558 of the laws  of  1999,  is  amended  to  read  as
 follows:
   7. "Health care provider" means a health care professional or a facil-
 ity  licensed  pursuant to articles twenty-eight, thirty-six, forty-four
 or forty-seven of this chapter [or], a  facility  licensed  pursuant  to
 article  nineteen,  twenty-three, thirty-one or thirty-two of the mental
 hygiene law, QUALIFIED PERSONNEL PURSUANT  TO  TITLE  TWO-A  OF  ARTICLE
 TWENTY-FIVE OF THIS CHAPTER OR AN AGENCY AS DEFINED BY THE DEPARTMENT OF
 HEALTH  IN  REGULATIONS  PROMULGATED  PURSUANT TO TITLE TWO-A OF ARTICLE
 TWENTY-FIVE OF THIS CHAPTER.
   § 9. Subdivision 1 of section 4904 of the public health law, as  added
 by chapter 705 of the laws of 1996, is amended to read as follows:
   1. An enrollee, the enrollee's designee and, in connection with retro-
 spective  adverse  determinations OR ADVERSE DETERMINATIONS FOR SERVICES
 RENDERED IN ACCORDANCE TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THIS  CHAP-
 TER,  an enrollee's health care provider, may appeal an adverse determi-
 nation rendered by a utilization review agent.
   § 10. The opening paragraph of subdivision 2 of section  4910  of  the
 public  health  law,  as  amended by chapter 237 of the laws of 2009, is
 amended to read as follows:
   An enrollee, the enrollee's designee and, in connection  with  concur-
 rent  and retrospective adverse determinations OR ADVERSE DETERMINATIONS
 FOR SERVICES RENDERED IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE  TWENTY-
 FIVE OF THIS CHAPTER, an enrollee's health care provider, shall have the
 right to request an external appeal when:
   §  11.  Paragraph  (a)  of subdivision 4 of section 4914 of the public
 health law, as amended by chapter 237 of the laws of 2009, is amended to
 read as follows:
   (a) Except as provided in paragraphs (b) and (c) of this  subdivision,
 payment  for  an  external  appeal,  INCLUDING  AN  APPEAL  FOR SERVICES
 RENDERED IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE  OF  THIS
 CHAPTER, shall be the responsibility of the health care plan. The health
 care  plan shall make payment to the external appeal agent within forty-
 five days from the date the appeal  determination  is  received  by  the
 health  care  plan,  and  the health care plan shall be obligated to pay
 such amount together with interest thereon calculated at a rate which is
 the greater of the rate set by the commissioner of taxation and  finance
 for  corporate  taxes  pursuant  to  paragraph  one of subsection (e) of
 section one thousand ninety-six of the tax law  or  twelve  percent  per
 annum, to be computed from the date the bill was required to be paid, in
 the event that payment is not made within such forty-five days.
   §  12. Subsection (g) of section 4900 of the insurance law, as amended
 by chapter 558 of the laws of 1999, is amended to read as follows:
   (g) "Health care provider" means  a  health  care  professional  or  a
 facility  licensed  pursuant to article twenty-eight, thirty-six, forty-
 four or forty-seven of the public health law [or], a  facility  licensed
 pursuant  to article nineteen, twenty-three, thirty-one or thirty-two of
 the mental hygiene law, QUALIFIED PERSONNEL PURSUANT TO TITLE  TWO-A  OF
 ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW, OR AN AGENCY AS DEFINED BY
 THE  DEPARTMENT  OF  HEALTH IN REGULATIONS PROMULGATED PURSUANT TO TITLE
 TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW.
   § 13. Subsection (a) of section 4904 of the insurance law, as added by
 chapter 705 of the laws of 1996, is amended to read as follows:

 S. 7507--A                         52                         A. 9507--A
 
   (a) An insured, the insured's designee and, in connection with  retro-
 spective  adverse  determinations OR ADVERSE DETERMINATIONS FOR SERVICES
 RENDERED IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE  TWENTY-FIVE  OF  THE
 PUBLIC  HEALTH  LAW,  an  insured's  health care provider, may appeal an
 adverse determination rendered by a utilization review agent.
   §  14.  The opening paragraph of subsection (b) of section 4910 of the
 insurance law, as amended by chapter 237 of the laws of 2009, is amended
 to read as follows:
   An insured, the insured's designee and, in connection with  concurrent
 and  retrospective  adverse determinations OR ADVERSE DETERMINATIONS FOR
 SERVICES RENDERED IN ACCORDANCE WITH TITLE TWO-A OF ARTICLE  TWENTY-FIVE
 OF  THE PUBLIC HEALTH LAW, an insured's health care provider, shall have
 the right to request an external appeal when:
   § 15. Paragraph 1 of subsection (d) of section 4914 of  the  insurance
 law,  as  amended by chapter 237 of the laws of 2009, is amended to read
 as follows:
   (1) Except as provided in paragraphs two and three of this subsection,
 payment for  an  external  appeal,  INCLUDING  AN  APPEAL  FOR  SERVICES
 RENDERED  IN  ACCORDANCE  WITH TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THE
 PUBLIC HEALTH LAW, shall be the responsibility of the health care  plan.
 The  health  care  plan  shall make payment to the external appeal agent
 within forty-five days,  from  the  date  the  appeal  determination  is
 received  by  the  health  care  plan, and the health care plan shall be
 obligated to pay such amount together with interest  thereon  calculated
 at  a  rate  which is the greater of the rate set by the commissioner of
 taxation and finance for corporate taxes pursuant to  paragraph  one  of
 subsection  (e)  of  section  one  thousand ninety-six of the tax law or
 twelve percent per annum, to be computed from  the  date  the  bill  was
 required  to  be paid, in the event that payment is not made within such
 forty-five days.
   § 16. Paragraph 1 of subsection (c) of section 109  of  the  insurance
 law,  as  amended  by  section 55 of part A of chapter 62 of the laws of
 2011, is amended to read as follows:
   (1) If the superintendent finds after  notice  and  hearing  that  any
 [authorized]  insurer,  representative of the insurer, [licensed] insur-
 ance agent, [licensed] insurance broker,  [licensed]  adjuster,  or  any
 other  person  or entity [licensed, certified, registered, or authorized
 pursuant] SUBJECT to this chapter, has wilfully violated the  provisions
 of  this  chapter  or  any  regulation  promulgated thereunder, then the
 superintendent may order the person or entity to pay to  the  people  of
 this  state  a  penalty  in  a sum not exceeding THE GREATER OF: (I) one
 thousand dollars for each offense; OR (II) WHERE THE  VIOLATION  RELATES
 TO  EITHER THE FAILURE TO PAY A CLAIM OR MAKING A FALSE STATEMENT TO THE
 SUPERINTENDENT OR THE  DEPARTMENT,  THE  GREATER  OF  (A)  TEN  THOUSAND
 DOLLARS  FOR  EACH OFFENSE, OR (B) A MULTIPLE OF TWO TIMES THE AGGREGATE
 DAMAGES ATTRIBUTABLE TO THE VIOLATION, OR (C) A MULTIPLE  OF  TWO  TIMES
 THE AGGREGATE ECONOMIC GAIN ATTRIBUTABLE TO THE VIOLATION.
   § 17. Upon enactment of the amendments to paragraph (a) of subdivision
 3  of  section 2559 of the public health law made by section six of this
 act, providers of  early  intervention  services  shall  receive  a  two
 percent  increase  in  rates  of  reimbursement  for  early intervention
 services provided that for payments made for early intervention services
 to persons eligible for medical assistance pursuant to title  eleven  of
 article  five of the social services law, the two percent increase shall
 be subject to the availability of federal financial participation.

 S. 7507--A                         53                         A. 9507--A
 
   § 18. This act shall take effect immediately and shall  be  deemed  to
 have  been  in full force and effect on or after April 1, 2018; provided
 that the amendments to section 3235-a  of  the  insurance  law  made  by
 section  five  of  this  act  shall apply only to policies and contracts
 issued, renewed, modified, altered or amended on or after such date.
 
                                  PART P

   Section  1.  The opening paragraph of paragraph (b) of subdivision 5-a
 of section 2807-m of the public health law, as amended by section  6  of
 part H of chapter 57 of the laws of 2017, is amended to read as follows:
   Nine  million  one  hundred  twenty  thousand dollars annually for the
 period January first, two thousand nine through  December  thirty-first,
 two  thousand  ten,  and two million two hundred eighty thousand dollars
 for the period January first, two thousand eleven, through  March  thir-
 ty-first,  two thousand eleven, nine million one hundred twenty thousand
 dollars each state fiscal year for the period April first, two  thousand
 eleven  through  March  thirty-first, two thousand fourteen, up to eight
 million six hundred twelve thousand dollars each state fiscal  year  for
 the  period  April  first,  two  thousand fourteen through March thirty-
 first, two thousand seventeen, and  up  to  eight  million  six  hundred
 twelve  thousand  dollars  each  state  fiscal year for the period April
 first, two thousand seventeen through March thirty-first,  two  thousand
 [twenty]  EIGHTEEN,  shall be set aside and reserved by the commissioner
 from the regional pools established pursuant to subdivision two of  this
 section  to  be  allocated  regionally  with two-thirds of the available
 funding going to New York city and one-third of  the  available  funding
 going  to  the rest of the state and shall be available for distribution
 as follows:
   § 2. Subparagraph (xiii) of paragraph (a) of subdivision 7 of  section
 2807-s  of  the  public health law, as amended by section 4 of part H of
 chapter 57 of the laws of 2017, is amended to read as follows:
   (xiii) twenty-three million eight hundred thirty-six thousand  dollars
 each  state  fiscal year for the period April first, two thousand twelve
 through March thirty-first, TWO THOUSAND EIGHTEEN, AND  FIFTEEN  MILLION
 TWO  HUNDRED TWENTY-FOUR THOUSAND DOLLARS FOR EACH STATE FISCAL YEAR FOR
 THE PERIOD APRIL FIRST, TWO  THOUSAND  EIGHTEEN  THROUGH  MARCH  THIRTY-
 FIRST, two thousand twenty;
   §  3.  Subdivision  9  of  section  2803  of  the public health law is
 REPEALED.
   § 4. This act shall take effect immediately; provided,  however,  that
 the  amendments to subparagraph (xiii) of paragraph (a) of subdivision 7
 of section 2807-s of the public health law made by section two  of  this
 act  shall not affect the expiration of such section and shall be deemed
 to expire therewith.

                                  PART Q
 
   Section 1. The public health law is amended by adding  a  new  section
 2825-f to read as follows:
   § 2825-F. HEALTH CARE FACILITY TRANSFORMATION PROGRAM:  STATEWIDE III.
 1.  A  STATEWIDE  HEALTH  CARE FACILITY TRANSFORMATION PROGRAM IS HEREBY
 ESTABLISHED UNDER THE JOINT ADMINISTRATION OF THE COMMISSIONER  AND  THE
 PRESIDENT  OF  THE  DORMITORY AUTHORITY OF THE STATE OF NEW YORK FOR THE
 PURPOSE OF STRENGTHENING AND PROTECTING CONTINUED ACCESS TO HEALTH  CARE
 SERVICES IN COMMUNITIES. THE PROGRAM SHALL PROVIDE FUNDING IN SUPPORT OF

 S. 7507--A                         54                         A. 9507--A
 
 CAPITAL  PROJECTS, DEBT RETIREMENT, WORKING CAPITAL OR OTHER NON-CAPITAL
 PROJECTS THAT FACILITATE HEALTH CARE TRANSFORMATION  ACTIVITIES  INCLUD-
 ING,  BUT  NOT  LIMITED  TO, MERGER, CONSOLIDATION, ACQUISITION OR OTHER
 ACTIVITIES  INTENDED  TO:  (A) CREATE FINANCIALLY SUSTAINABLE SYSTEMS OF
 CARE; (B) PRESERVE OR EXPAND ESSENTIAL HEALTH CARE SERVICES; (C) MODERN-
 IZE OBSOLETE FACILITY PHYSICAL PLANTS  AND  INFRASTRUCTURE;  (D)  FOSTER
 PARTICIPATION  IN  VALUE  BASED PAYMENTS ARRANGEMENTS INCLUDING, BUT NOT
 LIMITED TO, CONTRACTS WITH  MANAGED  CARE  PLANS  AND  ACCOUNTABLE  CARE
 ORGANIZATIONS;  (E) FOR RESIDENTIAL HEALTH CARE FACILITIES, INCREASE THE
 QUALITY OF RESIDENT CARE OR EXPERIENCE; OR (F) IMPROVE  HEALTH  INFORMA-
 TION  TECHNOLOGY INFRASTRUCTURE, INCLUDING TELEHEALTH, TO STRENGTHEN THE
 ACUTE, POST-ACUTE AND LONG-TERM CARE  CONTINUUM.  GRANTS  SHALL  NOT  BE
 AVAILABLE  TO  SUPPORT  GENERAL  OPERATING EXPENSES. THE ISSUANCE OF ANY
 BONDS OR NOTES HEREUNDER SHALL BE SUBJECT  TO  SECTION  SIXTEEN  HUNDRED
 EIGHTY-R  OF THE PUBLIC AUTHORITIES LAW AND THE APPROVAL OF THE DIRECTOR
 OF THE DIVISION OF THE BUDGET, AND ANY PROJECTS FUNDED THROUGH THE ISSU-
 ANCE OF BONDS OR NOTES HEREUNDER SHALL BE APPROVED BY THE NEW YORK STATE
 PUBLIC AUTHORITIES CONTROL BOARD, AS REQUIRED UNDER SECTION FIFTY-ONE OF
 THE PUBLIC AUTHORITIES LAW.
   2. THE COMMISSIONER AND THE PRESIDENT OF THE DORMITORY AUTHORITY SHALL
 ENTER INTO AN AGREEMENT, SUBJECT TO APPROVAL  BY  THE  DIRECTOR  OF  THE
 BUDGET,  AND  SUBJECT  TO SECTION SIXTEEN HUNDRED EIGHTY-R OF THE PUBLIC
 AUTHORITIES LAW, FOR THE PURPOSES OF AWARDING, DISTRIBUTING, AND  ADMIN-
 ISTERING  THE  FUNDS MADE AVAILABLE PURSUANT TO THIS SECTION. SUCH FUNDS
 MAY BE DISTRIBUTED BY THE COMMISSIONER FOR GRANTS TO GENERAL  HOSPITALS,
 RESIDENTIAL HEALTH CARE FACILITIES, DIAGNOSTIC AND TREATMENT CENTERS AND
 CLINICS LICENSED PURSUANT TO THIS CHAPTER OR THE MENTAL HYGIENE LAW, AND
 COMMUNITY-BASED HEALTH CARE PROVIDERS AS DEFINED IN SUBDIVISION THREE OF
 THIS  SECTION  FOR  GRANTS  IN SUPPORT OF THE PURPOSES SET FORTH IN THIS
 SECTION. A COPY OF SUCH AGREEMENT, AND ANY AMENDMENTS THERETO, SHALL  BE
 PROVIDED  TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE
 ASSEMBLY WAYS AND MEANS COMMITTEE, AND THE DIRECTOR OF THE  DIVISION  OF
 THE  BUDGET  NO LATER THAN THIRTY DAYS PRIOR TO THE RELEASE OF A REQUEST
 FOR APPLICATIONS FOR FUNDING UNDER THIS PROGRAM.  PROJECTS  AWARDED,  IN
 WHOLE  OR  PART,  UNDER  SECTIONS TWENTY-EIGHT HUNDRED TWENTY-FIVE-A AND
 TWENTY-EIGHT HUNDRED TWENTY-FIVE-B OF THIS ARTICLE SHALL NOT BE ELIGIBLE
 FOR GRANTS OR AWARDS MADE AVAILABLE UNDER THIS SECTION.
   3. NOTWITHSTANDING  SECTION  ONE  HUNDRED  SIXTY-THREE  OF  THE  STATE
 FINANCE  LAW OR ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY, UP TO
 FOUR HUNDRED AND TWENTY-FIVE MILLION DOLLARS OF THE  FUNDS  APPROPRIATED
 FOR  THIS  PROGRAM SHALL BE AWARDED WITHOUT A COMPETITIVE BID OR REQUEST
 FOR PROPOSAL PROCESS FOR GRANTS  TO  HEALTH  CARE  PROVIDERS  (HEREAFTER
 "APPLICANTS").  PROVIDED,  HOWEVER, THAT A MINIMUM OF: (A) SIXTY MILLION
 DOLLARS OF TOTAL AWARDED FUNDS SHALL BE MADE TO  COMMUNITY-BASED  HEALTH
 CARE PROVIDERS, WHICH FOR PURPOSES OF THIS SECTION SHALL BE DEFINED AS A
 DIAGNOSTIC AND TREATMENT CENTER LICENSED OR GRANTED AN OPERATING CERTIF-
 ICATE  UNDER THIS ARTICLE; A MENTAL HEALTH CLINIC LICENSED OR GRANTED AN
 OPERATING CERTIFICATE UNDER ARTICLE THIRTY-ONE  OF  THE  MENTAL  HYGIENE
 LAW;  A  SUBSTANCE  USE DISORDER TREATMENT CLINIC LICENSED OR GRANTED AN
 OPERATING CERTIFICATE UNDER ARTICLE THIRTY-TWO  OF  THE  MENTAL  HYGIENE
 LAW; A PRIMARY CARE PROVIDER; A HOME CARE PROVIDER CERTIFIED OR LICENSED
 PURSUANT  TO  ARTICLE  THIRTY-SIX OF THIS CHAPTER; OR AN ASSISTED LIVING
 PROGRAM APPROVED BY  THE  DEPARTMENT  PURSUANT  TO  SUBDIVISION  ONE  OF
 SECTION  FOUR  HUNDRED  SIXTY  ONE-1 OF THE SOCIAL SERVICES LAW; AND (B)
 FORTY-FIVE MILLION DOLLARS OF THE TOTAL AWARDED FUNDS SHALL BE  MADE  TO
 RESIDENTIAL HEALTH CARE FACILITIES.

 S. 7507--A                         55                         A. 9507--A
 
   4. NOTWITHSTANDING ANY INCONSISTENT SUBDIVISION OF THIS SECTION OR ANY
 OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY, THE COMMISSIONER, WITH THE
 APPROVAL OF THE DIRECTOR OF THE BUDGET, MAY EXPEND UP TO TWENTY  MILLION
 DOLLARS  OF  THE  FUNDS APPROPRIATED FOR THIS PROGRAM AND DESIGNATED FOR
 COMMUNITY-BASED  HEALTH  CARE PROVIDERS PURSUANT TO SUBDIVISION THREE OF
 THIS SECTION FOR AWARDS MADE PURSUANT TO PARAGRAPH  (L)  OF  SUBDIVISION
 THREE OF SECTION FOUR HUNDRED SIXTY-ONE-L OF THE SOCIAL SERVICES LAW.
   5.  IN  DETERMINING AWARDS FOR ELIGIBLE APPLICANTS UNDER THIS SECTION,
 THE COMMISSIONER SHALL CONSIDER CRITERIA INCLUDING, BUT NOT LIMITED TO:
   (A) THE EXTENT TO WHICH THE PROPOSED PROJECT WILL  CONTRIBUTE  TO  THE
 INTEGRATION  OF  HEALTH CARE SERVICES OR THE LONG TERM SUSTAINABILITY OF
 THE APPLICANT OR PRESERVATION OF ESSENTIAL HEALTH SERVICES IN THE COMMU-
 NITY OR COMMUNITIES SERVED BY THE APPLICANT;
   (B) THE EXTENT TO WHICH THE PROPOSED PROJECT  OR  PURPOSE  IS  ALIGNED
 WITH  DELIVERY  SYSTEM  REFORM INCENTIVE PAYMENT ("DSRIP") PROGRAM GOALS
 AND OBJECTIVES;
   (C) THE GEOGRAPHIC DISTRIBUTION OF FUNDS;
   (D) THE RELATIONSHIP  BETWEEN  THE  PROPOSED  PROJECT  AND  IDENTIFIED
 COMMUNITY NEED;
   (E)  THE  EXTENT  TO  WHICH  THE  APPLICANT  HAS ACCESS TO ALTERNATIVE
 FINANCING;
   (F) THE EXTENT TO WHICH THE PROPOSED PROJECT FURTHERS THE  DEVELOPMENT
 OF PRIMARY CARE AND OTHER OUTPATIENT SERVICES;
   (G)  THE EXTENT TO WHICH THE PROPOSED PROJECT BENEFITS MEDICAID ENROL-
 LEES AND UNINSURED INDIVIDUALS;
   (H) THE EXTENT TO  WHICH  THE  APPLICANT  HAS  ENGAGED  THE  COMMUNITY
 AFFECTED  BY  THE  PROPOSED  PROJECT  AND  THE MANNER IN WHICH COMMUNITY
 ENGAGEMENT HAS SHAPED SUCH PROJECT; AND
   (I) THE EXTENT TO WHICH THE PROPOSED PROJECT ADDRESSES POTENTIAL  RISK
 TO PATIENT SAFETY AND WELFARE.
   6.  DISBURSEMENT  OF  AWARDS  MADE  PURSUANT  TO THIS SECTION SHALL BE
 CONDITIONED ON THE AWARDEE ACHIEVING  CERTAIN  PROCESS  AND  PERFORMANCE
 METRICS  AND  MILESTONES  AS  DETERMINED  IN  THE SOLE DISCRETION OF THE
 COMMISSIONER.  SUCH METRICS AND MILESTONES SHALL BE STRUCTURED TO ENSURE
 THAT THE GOALS OF THE PROJECT ARE ACHIEVED, AND SUCH METRICS  AND  MILE-
 STONES  SHALL  BE  INCLUDED  IN  GRANT  DISBURSEMENT AGREEMENTS OR OTHER
 CONTRACTUAL DOCUMENTS AS REQUIRED BY THE COMMISSIONER.
   7. THE DEPARTMENT SHALL PROVIDE A REPORT ON A QUARTERLY BASIS  TO  THE
 CHAIRS  OF  THE  SENATE FINANCE, ASSEMBLY WAYS AND MEANS, AND SENATE AND
 ASSEMBLY HEALTH COMMITTEES, UNTIL SUCH TIME AS THE DEPARTMENT DETERMINES
 THAT THE PROJECTS THAT RECEIVE FUNDING  PURSUANT  TO  THIS  SECTION  ARE
 SUBSTANTIALLY  COMPLETE.  SUCH  REPORTS SHALL BE SUBMITTED NO LATER THAN
 SIXTY DAYS AFTER THE CLOSE OF THE QUARTER, AND SHALL INCLUDE,  FOR  EACH
 AWARD,  THE  NAME  OF  THE  APPLICANT,  A  DESCRIPTION OF THE PROJECT OR
 PURPOSE, THE AMOUNT OF THE  AWARD,  DISBURSEMENT  DATE,  AND  STATUS  OF
 ACHIEVEMENT  OF  PROCESS AND PERFORMANCE METRICS AND MILESTONES PURSUANT
 TO SUBDIVISION SIX OF THIS SECTION.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2018.
 
                                  PART R
 
   Section  1. Section 1373 of the public health law is amended by adding
 three new subdivisions 1-a, 1-b and 1-c to read as follows:
   1-A. EVERY GOVERNMENTAL UNIT OR AGENCY THAT IS CHARGED WITH OR  OTHER-
 WISE  ACCOUNTABLE  OR  RESPONSIBLE FOR ADMINISTRATION AND ENFORCEMENT OF

 S. 7507--A                         56                         A. 9507--A
 
 THE NEW YORK STATE UNIFORM FIRE PREVENTION AND  BUILDING  CODE,  OR  ANY
 OTHER  APPLICABLE BUILDING AND FIRE PREVENTION CODE, WITH RESPECT TO ANY
 RESIDENTIAL OR NON-RESIDENTIAL BUILDING THAT IS LOCATED WITHIN  AN  AREA
 DESIGNATED  AS HIGH RISK BY THE COMMISSIONER PURSUANT TO SUBDIVISION ONE
 OF THIS SECTION, SHALL SUBMIT TO THE DEPARTMENT AGGREGATE REPORTS SUMMA-
 RIZING THE OUTCOMES OF INSPECTIONS AND REMEDIATION CONDUCTED PURSUANT TO
 REGULATIONS ADOPTED BY THE SECRETARY OF STATE  PURSUANT  TO  SUBDIVISION
 SEVEN  OF  SECTION  THREE  HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW, IN A
 FORMAT TO BE DETERMINED BY THE COMMISSIONER  IN  CONSULTATION  WITH  THE
 SECRETARY OF STATE.
   1-B.  (A)  THE  COMMISSIONER AND THE SECRETARY OF STATE SHALL HAVE THE
 POWER TO DETERMINE, INDIVIDUALLY OR JOINTLY, IN SUCH MANNER AS HE,  SHE,
 OR  THEY  DEEM APPROPRIATE, THE STATUS OF COMPLIANCE BY ANY GOVERNMENTAL
 UNIT OR AGENCY REFERRED TO IN SUBDIVISION ONE-A OF THIS SECTION, INCLUD-
 ING BUT NOT LIMITED TO ANY CITY WITH A POPULATION OF OVER  ONE  MILLION,
 WITH SUBDIVISION SEVEN OF SECTION THREE HUNDRED EIGHTY-ONE OF THE EXECU-
 TIVE  LAW  AND  THE RULES AND REGULATIONS PROMULGATED THEREUNDER. IF THE
 COMMISSIONER OR THE SECRETARY OF STATE, INDIVIDUALLY OR JOINTLY,  DETER-
 MINE THAT ANY SUCH GOVERNMENTAL UNIT OR AGENCY IS NOT IN COMPLIANCE WITH
 SUBDIVISION  SEVEN  OF SECTION THREE HUNDRED EIGHTY-ONE OF THE EXECUTIVE
 LAW OR ANY REGULATIONS PROMULGATED THEREUNDER, THE COMMISSIONER MAY TAKE
 ANY OF THE FOLLOWING ACTIONS, EITHER INDIVIDUALLY OR IN  COMBINATION  IN
 ANY SEQUENCE:
   (I)  REFER,  OR REQUEST THE SECRETARY OF STATE TO REFER, THE MATTER TO
 THE ATTORNEY GENERAL TO INSTITUTE IN THE NAME OF THE COMMISSIONER OR THE
 SECRETARY OF STATE AN ACTION OR PROCEEDING SEEKING APPROPRIATE LEGAL  OR
 EQUITABLE  RELIEF TO REQUIRE SUCH GOVERNMENT UNIT OR AGENCY, INCLUDING A
 CITY WITH A POPULATION OVER ONE MILLION, TO COMPLY WITH SUCH  RULES  AND
 REGULATIONS;
   (II)  REQUIRE THE GOVERNMENTAL UNIT OR AGENCY IN VIOLATION OF SUBDIVI-
 SION SEVEN OF SECTION THREE HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW,  TO
 CREATE  A  CORRECTIVE ACTION PLAN, IN CONSULTATION WITH THE LOCAL HEALTH
 DEPARTMENT, WHICH SHALL REQUIRE THE GOVERNMENT UNIT OR  AGENCY  TO  COME
 INTO  COMPLIANCE WITH SUBDIVISION SEVEN OF SECTION THREE HUNDRED EIGHTY-
 ONE OF THE EXECUTIVE LAW AND TO DISCONTINUE ANY PAINT  CONDITION  CONDU-
 CIVE  TO  LEAD  POISONING IN ANY RESIDENTIAL OR NON-RESIDENTIAL BUILDING
 LOCATED WITHIN SUCH GOVERNMENT UNIT OR AGENCY'S JURISDICTION;
   (III) INVESTIGATE AND EXAMINE THE ACTIONS OF THE GOVERNMENTAL UNIT  OR
 AGENCY IN VIOLATION OF SUBDIVISION SEVEN OF SECTION THREE HUNDRED EIGHT-
 Y-ONE  OF  THE EXECUTIVE LAW OR OF THE RULES AND REGULATIONS PROMULGATED
 THEREUNDER, AND DECLARE THAT SUCH GOVERNMENTAL UNIT OR AGENCY  IS  MAIN-
 TAINING A PUBLIC NUISANCE AND:
   (A) REQUIRE THE JURISDICTIONAL LOCAL HEALTH DEPARTMENT TO INVESTIGATE,
 IDENTIFY, AND ORDER THE DISCONTINUANCE OF A PAINT CONDITION CONDUCIVE TO
 LEAD  POISONING  IN  ANY RESIDENTIAL OR NON-RESIDENTIAL BUILDING LOCATED
 WITHIN THE GOVERNMENTAL UNIT OR AGENCY  SUBJECT  TO  THE  COMMISSIONER'S
 DECLARATION OF A PUBLIC NUISANCE; OR
   (B)  INVESTIGATE,  IDENTIFY  AND  ORDER, THE DISCONTINUANCE OF A PAINT
 CONDITION CONDUCIVE TO LEAD POISONING IN ANY RESIDENTIAL OR NON-RESIDEN-
 TIAL BUILDING LOCATED WITHIN THE GOVERNMENTAL UNIT OR AGENCY SUBJECT  TO
 THE COMMISSIONER'S DECLARATION OF A PUBLIC NUISANCE.
   (B)  THE EXPENSE OF AN INVESTIGATION PURSUANT TO PARAGRAPH (A) OF THIS
 SUBDIVISION, AND THE DISCONTINUANCE OF ANY PAINT CONDITIONS CONDUCIVE TO
 LEAD POISONING IDENTIFIED DURING SUCH INVESTIGATION, SHALL  BE  PAID  BY
 THE  GOVERNMENTAL  UNIT OR AGENCY DETERMINED BY THE COMMISSIONER TO HAVE
 MAINTAINED A PUBLIC NUISANCE PURSUANT TO THIS SUBDIVISION.

 S. 7507--A                         57                         A. 9507--A
 
   1-C. ALL PAINT ON ANY RESIDENTIAL BUILDING WHICH IS LOCATED IN AN AREA
 DESIGNATED AS HIGH RISK BY THE COMMISSIONER PURSUANT TO SUBDIVISION  ONE
 OF  THIS  SECTION  AND  ON WHICH THE ORIGINAL CONSTRUCTION WAS COMPLETED
 PRIOR TO JANUARY FIRST, NINETEEN HUNDRED SEVENTY-EIGHT, AND ALL PAINT ON
 THE EXTERIOR OF ANY NON-RESIDENTIAL BUILDING WHICH IS LOCATED IN AN AREA
 DESIGNATED  AS HIGH RISK BY THE COMMISSIONER PURSUANT TO SUBDIVISION ONE
 OF THIS SECTION AND ON WHICH THE  ORIGINAL  CONSTRUCTION  WAS  COMPLETED
 PRIOR  TO  JANUARY  FIRST,  NINETEEN  HUNDRED  SEVENTY-EIGHT,  SHALL  BE
 PRESUMED TO BE LEAD-BASED. THIS PRESUMPTION MAY BE OVERCOME BY A CERTIF-
 ICATION BY A LEAD-BASED PAINT INSPECTOR OR RISK ASSESSOR THAT THE  PROP-
 ERTY HAS BEEN DETERMINED THROUGH A LEAD-BASED PAINT INSPECTION CONDUCTED
 IN  ACCORDANCE WITH APPROPRIATE FEDERAL REGULATIONS NOT TO CONTAIN LEAD-
 BASED PAINT, OR BY SUCH OTHER MEANS AS MAY BE PRESCRIBED  BY  THE  RULES
 AND  REGULATIONS ADOPTED BY THE SECRETARY OF STATE PURSUANT TO PARAGRAPH
 C OF SUBDIVISION SEVEN OF SECTION THREE HUNDRED EIGHTY-ONE OF THE EXECU-
 TIVE LAW.
   § 2. Section 378 of the executive law  is  amended  by  adding  a  new
 subdivision 17 to read as follows:
   17. FOR ANY AREA DESIGNATED AS HIGH RISK BY THE COMMISSIONER OF HEALTH
 PURSUANT TO SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED SEVENTY-THREE OF
 THE  PUBLIC  HEALTH LAW, A REQUIREMENT THAT THE INTERIOR AND EXTERIOR OF
 ANY RESIDENTIAL BUILDING THAT  IS  PRESUMED  TO  HAVE  LEAD-BASED  PAINT
 PURSUANT  TO SUBDIVISION ONE-C OF SECTION THIRTEEN HUNDRED SEVENTY-THREE
 OF THE PUBLIC HEALTH LAW, AND THE EXTERIOR OF ANY NON-RESIDENTIAL BUILD-
 ING THAT IS PRESUMED TO HAVE LEAD-BASED PAINT  PURSUANT  TO  SUBDIVISION
 ONE-C  OF  SECTION  THIRTEEN  HUNDRED SEVENTY-THREE OF THE PUBLIC HEALTH
 LAW, BE MAINTAINED IN A CONDITION SUCH THAT THE PAINT THEREON  DOES  NOT
 BECOME  DETERIORATED  PAINT,  UNLESS  THE  DETERIORATED  PAINT  SURFACES
 COMPRISE A MINIMAL SURFACE AREA. IN A CITY WITH A POPULATION OF OVER ONE
 MILLION, SUCH CITY'S LOCAL BUILDING  AND  FIRE  PREVENTION  CODES  SHALL
 INCLUDE  PROVISIONS  AT  LEAST  AS  STRINGENT  AS THE PROVISIONS OF THIS
 SUBDIVISION.
   § 3. Section 381 of the executive law  is  amended  by  adding  a  new
 subdivision 7 to read as follows:
   7.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, THE SECRETARY, IN
 CONSULTATION WITH THE COMMISSIONER OF HEALTH, SHALL PROMULGATE RULES AND
 REGULATIONS WITH RESPECT TO GOVERNMENTAL UNITS  AND  AGENCIES  THAT  ARE
 CHARGED  WITH OR OTHERWISE ACCOUNTABLE OR RESPONSIBLE FOR ADMINISTRATION
 AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM CODE, OR ANY OTHER  APPLI-
 CABLE BUILDING AND FIRE PREVENTION CODE, WITH RESPECT TO ANY RESIDENTIAL
 OR  NON-RESIDENTIAL  BUILDING LOCATED IN AN AREA DESIGNATED AS HIGH RISK
 BY THE COMMISSIONER OF HEALTH PURSUANT TO  SUBDIVISION  ONE  OF  SECTION
 THIRTEEN HUNDRED SEVENTY-THREE OF THE PUBLIC HEALTH LAW:
   A. REQUIRING THAT SUCH GOVERNMENTAL UNIT OR AGENCY CONDUCT INSPECTIONS
 OF ALL RESIDENTIAL RENTAL BUILDINGS IN SUCH HIGH RISK AREAS PERIODICALLY
 AND  AT  SPECIFIED  TIMES  INCLUDING,  BUT NOT LIMITED TO, AS PART OF AN
 APPLICATION FOR A CERTIFICATE OF OCCUPANCY, A RENEWAL OF  A  CERTIFICATE
 OF  OCCUPANCY, OR BASED UPON THE FILING OF A COMPLAINT. SUCH INSPECTIONS
 SHALL INCLUDE AT A MINIMUM A VISUAL ASSESSMENT  FOR  DETERIORATED  PAINT
 AND BARE SOIL PRESENT WITHIN THE DRIPLINE OF THE BUILDING.
   B. ESTABLISHING REMEDIAL ACTIONS THAT SUCH GOVERNMENTAL UNIT OR AGENCY
 MAY REQUIRE THE OWNER OR OTHER PERSON RESPONSIBLE FOR MAINTENANCE OF THE
 SUBJECT  PROPERTY  TO  TAKE  TO ADDRESS VIOLATIONS OF THE NEW YORK STATE
 UNIFORM  CODE  PROVISIONS,  AND  OTHER  APPLICABLE  BUILDING  AND   FIRE
 PREVENTION CODE PROVISIONS, ADOPTED PURSUANT TO SUBDIVISION SEVENTEEN OF

 S. 7507--A                         58                         A. 9507--A
 
 SECTION THREE HUNDRED SEVENTY-EIGHT OF THIS ARTICLE, WHICH SHALL INCLUDE
 AS APPROPRIATE:
   (I)  OBTAINING  CERTIFICATION  BY A LEAD-BASED PAINT INSPECTOR OR RISK
 ASSESSOR THAT THE PROPERTY HAS  BEEN  DETERMINED  THROUGH  A  LEAD-BASED
 PAINT  INSPECTION CONDUCTED IN ACCORDANCE WITH APPROPRIATE FEDERAL REGU-
 LATIONS NOT TO CONTAIN LEAD-BASED PAINT.
   (II) OBTAINING CERTIFICATION BY A LEAD-BASED PAINT INSPECTOR  OR  RISK
 ASSESSOR THAT ALL CITED VIOLATIONS HAVE BEEN ABATED, OR INTERIM CONTROLS
 IMPLEMENTED,  AND CLEARANCE HAS BEEN ACHIEVED IN ACCORDANCE WITH THE NEW
 YORK STATE UNIFORM CODE OR OTHER APPLICABLE BUILDING AND FIRE PREVENTION
 CODES.
   (III) WHERE EXTERIOR DETERIORATED PAINT VIOLATIONS, INCLUDING  DETERI-
 ORATED  PAINT  VIOLATIONS  ON AN OPEN PORCH, AND/OR BARE SOIL VIOLATIONS
 ARE CITED, OR WHERE INTERIOR DETERIORATED PAINT VIOLATIONS ARE CITED  IN
 A  COMMON AREA, CLEARANCE MAY BE ESTABLISHED THROUGH A VISUAL ASSESSMENT
 BY A LOCAL CODE ENFORCEMENT OFFICER AFTER REDUCTION MEASURES  HAVE  BEEN
 IMPLEMENTED.
   C.  ESTABLISHING  STANDARDS FOR A CLEARANCE EXAMINATION AND REPORT AND
 FOR CERTIFICATIONS OR  OTHER  DOCUMENTATION  REQUIRED  TO  OVERCOME  THE
 PRESUMPTION  CREATED  BY  SUBDIVISION  ONE-C OF SECTION THIRTEEN HUNDRED
 SEVENTY-THREE OF THE PUBLIC HEALTH LAW.
   NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE RULES AND  REGULATIONS
 PROMULGATED  PURSUANT  TO  THIS  SUBDIVISION  SHALL, WITH RESPECT TO ALL
 GOVERNMENTAL UNITS AND AGENCIES OTHER THAN CITIES WITH A  POPULATION  OF
 OVER  ONE  MILLION,  BE  CONSIDERED  TO BE PART OF THE MINIMUM STANDARDS
 ADOPTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION; PROVIDED,  HOWEVER,
 THAT  THE CLOSING PARAGRAPH OF SUBDIVISION ONE OF THIS SECTION SHALL NOT
 APPLY TO INSPECTIONS REQUIRED BY THE RULES AND  REGULATIONS  PROMULGATED
 PURSUANT TO THIS SUBDIVISION. ANY GOVERNMENTAL UNIT OR AGENCY OTHER THAN
 A  CITY  WITH A POPULATION OF OVER ONE MILLION THAT FAILS TO COMPLY WITH
 THE RULES AND REGULATIONS PROMULGATED PURSUANT TO THIS SUBDIVISION SHALL
 BE SUBJECT TO  THE  ACTIONS  AUTHORIZED  BY  SUBDIVISION  FOUR  OF  THIS
 SECTION. ANY GOVERNMENTAL UNIT OR AGENCY, INCLUDING BUT NOT LIMITED TO A
 CITY  WITH  A  POPULATION OF OVER ONE MILLION, THAT FAILS TO COMPLY WITH
 SUCH RULES AND REGULATIONS SHALL ALSO BE SUBJECT TO THE ACTIONS  AUTHOR-
 IZED  BY  SUBDIVISION ONE-B OF SECTION THIRTEEN HUNDRED SEVENTY-THREE OF
 THE PUBLIC HEALTH LAW.
   § 4. Paragraphs b and c of subdivision 1 of section 223-b of the  real
 property law, as amended by chapter 584 of the laws of 1991, are amended
 and a new paragraph d is added to read as follows:
   b.  Actions  taken  in  good  faith, by or in behalf of the tenant, to
 secure or enforce any rights under the lease or rental agreement,  under
 section  two  hundred  thirty-five-b of this [chapter] ARTICLE, or under
 any other law of the state of New York, or of its governmental  subdivi-
 sions, or of the United States which has as its objective the regulation
 of  premises used for dwelling purposes or which pertains to the offense
 of rent gouging in the third, second or first degree; [or]
   c. The tenant's participation in the activities of a  tenant's  organ-
 ization[.]; OR
   D.  THE  TENANT'S  REPORTING OF A SUSPECTED LEAD-BASED PAINT HAZARD TO
 THE OWNER OR TO ANY STATE OR LOCAL AGENCY.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided that any rules, regulations,  local
 laws, or ordinances necessary to implement the provisions of this act on
 its  effective date are authorized to be made, adopted, or enacted on or
 before such effective date.

 S. 7507--A                         59                         A. 9507--A
 
                                  PART S
 
   Section  1.  This Part enacts into law major components of legislation
 which are necessary to effectuate recommendations made as  part  of  the
 Regulatory  Modernization  Initiative  undertaken  by  the Department of
 Health. Each component is wholly contained within a  Subpart  identified
 as  Subparts  A  through  C.  The  effective  date  for  each particular
 provision contained within such Subpart is set forth in the last section
 of such Subpart.  Any  provision  in  any  section  contained  within  a
 Subpart,  including  the  effective  date  of the Subpart, 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 corre-
 sponding section of the Subpart in which it is found. Section  three  of
 this Part sets forth the general effective date of this Part.
 
                                 SUBPART A
 
   Section  1.  The  public health law is amended by adding a new section
 2805-z to read as follows:
   § 2805-Z. COMMUNITY PARAMEDICINE COLLABORATIVES. 1.  FOR  PURPOSES  OF
 THIS SECTION:
   (A)  A "COMMUNITY PARAMEDICINE COLLABORATIVE" SHALL MEAN AN INITIATIVE
 COMPRISED OF THE PARTICIPANTS SET  FORTH  IN  SUBDIVISION  TWO  OF  THIS
 SECTION  AND  ORGANIZED TO CARRY OUT A COMMUNITY PARAMEDICINE PROGRAM AS
 DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION.
   (B) A "COMMUNITY PARAMEDICINE PROGRAM" SHALL MEAN  A  PROGRAM  CARRIED
 OUT BY A COMMUNITY PARAMEDICINE COLLABORATIVE FOR THE PURPOSE OF ACHIEV-
 ING  OBJECTIVES IDENTIFIED BY THE COLLABORATIVE, PURSUANT TO WHICH INDI-
 VIDUALS WHO ARE CERTIFIED UNDER REGULATIONS ISSUED PURSUANT  TO  SECTION
 THREE  THOUSAND TWO OF THIS CHAPTER SHALL PERFORM COMMUNITY PARAMEDICINE
 SERVICES IN  RESIDENTIAL  SETTINGS  OTHER  THAN  THE  INITIAL  EMERGENCY
 MEDICAL  CARE  AND  TRANSPORTATION OF SICK AND INJURED PERSONS, PROVIDED
 THAT SUCH INDIVIDUALS ARE:
   (I) CERTIFIED PURSUANT TO ARTICLE THIRTY OF THIS CHAPTER;
   (II) EMPLOYEES OR VOLUNTEERS OF AN EMERGENCY MEDICAL SERVICES PROVIDER
 THAT PARTICIPATES IN THE COLLABORATIVE;
   (III) PROVIDING SERVICES THAT ARE WITHIN THEIR EDUCATION OR  TRAINING;
 AND
   (IV)  WORKING  UNDER MEDICAL CONTROL AS DEFINED BY SUBDIVISION FIFTEEN
 OF SECTION THREE THOUSAND ONE OF THIS TITLE.
   (C) "COMMUNITY PARAMEDICINE SERVICES" SHALL MEAN SERVICES PROVIDED  IN
 RESIDENTIAL  SETTINGS BY INDIVIDUALS WHO ARE CERTIFIED UNDER REGULATIONS
 ISSUED PURSUANT TO SECTION  THREE  THOUSAND  TWO  OF  THIS  CHAPTER  AND
 EMPLOYEES OR VOLUNTEERS OF AN EMERGENCY MEDICAL SERVICES PROVIDER, OTHER
 THAN  THE  INITIAL EMERGENCY MEDICAL CARE AND TRANSPORTATION OF SICK AND
 INJURED PERSONS.
   (D) AN "EMERGENCY MEDICAL SERVICES PROVIDER" SHALL MEAN  AN  AMBULANCE
 SERVICE  OR  AN  ADVANCED  LIFE  SUPPORT  FIRST RESPONSE SERVICE THAT IS
 CERTIFIED UNDER ARTICLE THIRTY OF THIS CHAPTER TO PROVIDE  AMBULANCE  OR
 ADVANCED LIFE SUPPORT FIRST RESPONSE SERVICES AND STAFFED BY INDIVIDUALS
 WHO  ARE  CERTIFIED  UNDER  REGULATIONS ISSUED PURSUANT TO SECTION THREE
 THOUSAND TWO OF THIS CHAPTER TO PROVIDE BASIC OR ADVANCED LIFE SUPPORT.
   2. (A) AT A MINIMUM,  A  COMMUNITY  PARAMEDICINE  COLLABORATIVE  SHALL
 INCLUDE  THE  PARTICIPATION OF AT LEAST ONE HOSPITAL LICENSED UNDER THIS
 ARTICLE, AT LEAST ONE PHYSICIAN WHO MAY BUT  NEED  NOT  BE  EMPLOYED  OR
 OTHERWISE  AFFILIATED  WITH  A HOSPITAL PARTICIPATING IN SUCH COLLABORA-

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 TIVE, AT LEAST ONE EMERGENCY  MEDICAL  SERVICES  PROVIDER  AND,  IF  THE
 COMMUNITY  PARAMEDICINE  SERVICES  ARE TO BE PROVIDED IN A PRIVATE RESI-
 DENCE, AT LEAST ONE HOME CARE  SERVICES  AGENCY  LICENSED  OR  CERTIFIED
 UNDER ARTICLE THIRTY-SIX OF THIS CHAPTER.
   (B)  WHERE  THE  COLLABORATIVE'S OBJECTIVES INCLUDE A FOCUS ON SERVING
 INDIVIDUALS WITH BEHAVIORAL HEALTH CONDITIONS  AND/OR  INDIVIDUALS  WITH
 DEVELOPMENTAL  DISABILITIES, THE COLLABORATIVE SHALL INCLUDE THE PARTIC-
 IPATION OF PROVIDERS OPERATED, LICENSED, OR CERTIFIED BY THE  OFFICE  OF
 MENTAL  HEALTH,  THE  OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES,
 AND/OR THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, AS  APPRO-
 PRIATE.
   (C)  SUCH  COLLABORATIVE MAY ALSO INCLUDE ADDITIONAL PARTICIPANTS SUCH
 AS PAYORS AND LOCAL HEALTH DEPARTMENTS.
   3. A COMMUNITY PARAMEDICINE COLLABORATIVE MAY  ESTABLISH  A  COMMUNITY
 PARAMEDICINE PROGRAM TO PROVIDE COMMUNITY PARAMEDICINE SERVICES TO INDI-
 VIDUALS  LIVING  IN  RESIDENTIAL  SETTINGS  FOR THE PURPOSE OF ACHIEVING
 OBJECTIVES IDENTIFIED BY THE COLLABORATIVE SUCH AS: PREVENTING  EMERGEN-
 CIES,  AVOIDABLE EMERGENCY ROOM VISITS, AVOIDABLE MEDICAL TRANSPORT, AND
 POTENTIALLY AVOIDABLE HOSPITAL ADMISSIONS  AND  READMISSIONS;  IMPROVING
 OUTCOMES  FOLLOWING DISCHARGE FROM A GENERAL HOSPITAL OR OTHER INPATIENT
 ADMISSION; AND/OR PROMOTING  SELF-MANAGEMENT  OF  HEALTH  OR  BEHAVIORAL
 HEALTH CARE CONDITIONS.
   4. A COMMUNITY PARAMEDICINE COLLABORATIVE SHALL BE REQUIRED TO PROVIDE
 OR  ARRANGE  FOR  APPROPRIATE ORIENTATION AND TRAINING FOR STAFF PARTIC-
 IPATING IN THE COMMUNITY PARAMEDICINE PROGRAM. IN ALL CASES, SUCH ORIEN-
 TATION AND TRAINING SHALL ADDRESS THE ASSESSMENT OF THE NEEDS  OF  INDI-
 VIDUALS   WITH   BEHAVIORAL   HEALTH  CONDITIONS  AND  INDIVIDUALS  WITH
 DEVELOPMENTAL DISABILITIES.
   5. AN EMERGENCY MEDICAL SERVICES PROVIDER PARTICIPATING IN A COMMUNITY
 PARAMEDICINE COLLABORATIVE SHALL:  (A)  ENSURE  THAT  THE  PROVISION  OF
 COMMUNITY  PARAMEDICINE  SERVICES  OCCURS  WITHIN THE PROVIDER'S PRIMARY
 OPERATING TERRITORY PURSUANT TO ARTICLE THIRTY OF THIS CHAPTER; AND  (B)
 MAKE  REASONABLE  EFFORTS TO ENSURE THAT IT HAS SUFFICIENTLY STAFFED THE
 PROVISION OF INITIAL EMERGENCY MEDICAL CARE AND TRANSPORTATION  OF  SICK
 AND  INJURED  PERSONS BEFORE MAKING STAFF AVAILABLE TO PROVIDE COMMUNITY
 PARAMEDICINE SERVICES.
   6. (A) NO COMMUNITY PARAMEDICINE COLLABORATIVE SHALL  BEGIN  PROVIDING
 SERVICES  UNDER  A  COMMUNITY PARAMEDICINE PROGRAM UNTIL IT HAS NOTIFIED
 THE DEPARTMENT OF THE INITIATION OF SUCH COLLABORATIVE BY:
   (I) IDENTIFYING THE PARTICIPANTS OF THE COLLABORATIVE AND THE INDIVID-
 UAL WHO WILL SERVE AS THE POINT OF CONTACT;
   (II) DESCRIBING THE GOALS OF  THE  COLLABORATIVE  IN  CARRYING  OUT  A
 COMMUNITY PARAMEDICINE PROGRAM;
   (III) DESCRIBING THE POPULATION TO BE SERVED BY THE COMMUNITY PARAMED-
 ICINE PROGRAM AND THE GEOGRAPHIC AREA IN WHICH THE PROGRAM WILL FOCUS;
   (IV) IDENTIFYING THE SERVICES TO BE OFFERED UNDER THE COMMUNITY PARAM-
 EDICINE  PROGRAM  AND  THE  COLLABORATIVE PARTICIPANTS THAT WILL PROVIDE
 SUCH SERVICES;
   (V) DESCRIBING THE COLLABORATIVE'S  PLAN  TO  ASSURE,  TO  THE  EXTENT
 POSSIBLE, THAT CARE PROVIDED UNDER THE COMMUNITY PARAMEDICINE PROGRAM IS
 COORDINATED WITH OTHER PROVIDERS OF THE INDIVIDUALS SERVED;
   (VI)  DESCRIBING THE QUALITY ASSURANCE AND IMPROVEMENT PROCEDURES THAT
 WILL BE USED BY THE COLLABORATIVE IN CARRYING OUT THE COMMUNITY PARAMED-
 ICINE PROGRAM; AND
   (VII) IDENTIFYING THE DATE OF THE ANTICIPATED START OF ACTIVITIES.
   (B) A COMMUNITY PARAMEDICINE COLLABORATIVE SHALL:

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   (I) PROMPTLY UPDATE THE DEPARTMENT AS TO ANY CHANGES IN  THE  INFORMA-
 TION REQUIRED UNDER PARAGRAPH (A) OF THIS SUBDIVISION; AND
   (II)  PROVIDE  INFORMATION TO THE DEPARTMENT ABOUT THE COLLABORATIVE'S
 ACTIVITIES AND OUTCOMES AT A FREQUENCY AND IN A MANNER DETERMINED BY THE
 DEPARTMENT, WHICH AT A MINIMUM SHALL INCLUDE AN ANNUAL REPORT.
   7. NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT THE PERFORMANCE
 OF ANY TASKS OR RESPONSIBILITIES BY ANY  PERSON  LICENSED  OR  CERTIFIED
 UNDER  THIS  CHAPTER  OR UNDER TITLE VIII OF THE EDUCATION LAW OR BY ANY
 ENTITY LICENSED OR CERTIFIED UNDER THIS  ARTICLE  OR  UNDER  THE  MENTAL
 HYGIENE  LAW,  PROVIDED  SUCH  TASKS  OR  RESPONSIBILITIES ARE PERMITTED
 PURSUANT TO SUCH STATUTORY PROVISIONS.
   § 2. Subdivision 15 of section 3001  of  the  public  health  law,  as
 amended  by  chapter  445  of  the  laws  of 1993, is amended to read as
 follows:
   15. "Medical control" means: (a) advice and direction  provided  by  a
 physician  or  under  the  direction  of  a physician to certified first
 responders, emergency medical technicians or advanced emergency  medical
 technicians  who are providing medical care at the scene of an emergency
 or en route to a  health  care  facility;  [and]  (b)  indirect  medical
 control  including  the  written policies, procedures, and protocols for
 prehospital emergency medical care and transportation developed  by  the
 state  emergency medical advisory committee, approved by the state emer-
 gency medical services council and the commissioner, and implemented  by
 regional  medical  advisory committees; AND (C) IN A COMMUNITY PARAMEDI-
 CINE PROGRAM  ESTABLISHED  BY  A  COMMUNITY  PARAMEDICINE  COLLABORATIVE
 PURSUANT  TO SECTION TWENTY-EIGHT HUNDRED FIVE-Z OF THIS CHAPTER, ADVICE
 AND DIRECTION PROVIDED AND POLICIES, PROCEDURES, AND PROTOCOLS ISSUED BY
 A PHYSICIAN WITHIN THE COLLABORATIVE WHO IS RESPONSIBLE FOR THE  OVERALL
 CLINICAL SUPERVISION OF THE COMMUNITY PARAMEDICINE PROGRAM.
   §  3.  The public health law is amended by adding a new section 3001-a
 to read as follows:
   § 3001-A. COMMUNITY PARAMEDICINE SERVICES. NOTWITHSTANDING ANY  INCON-
 SISTENT  PROVISION OF THIS ARTICLE, AN INDIVIDUAL WHO IS CERTIFIED UNDER
 REGULATIONS ISSUED PURSUANT TO SECTION THREE THOUSAND TWO OF THIS  ARTI-
 CLE  TO PROVIDE BASIC OR ADVANCED LIFE SUPPORT MAY, IN THE COURSE OF HIS
 OR HER WORK AS AN EMPLOYEE OR VOLUNTEER OF AN AMBULANCE  SERVICE  OR  AN
 ADVANCED  LIFE SUPPORT FIRST RESPONSE SERVICE CERTIFIED UNDER THIS ARTI-
 CLE, ALSO PARTICIPATE AS AN EMPLOYEE OR VOLUNTEER OF SUCH SERVICE  IN  A
 COMMUNITY  PARAMEDICINE  PROGRAM ESTABLISHED BY A COMMUNITY PARAMEDICINE
 COLLABORATIVE PURSUANT TO SECTION TWENTY-EIGHT HUNDRED  FIVE-Z  OF  THIS
 CHAPTER.
   §  4.  Subdivision  2  of  section 365-a of the social services law is
 amended by adding a new paragraph (ff) to read as follows:
   (FF) SUBJECT TO THE AVAILABILITY OF FEDERAL  FINANCIAL  PARTICIPATION,
 COMMUNITY PARAMEDICINE SERVICES PROVIDED IN ACCORDANCE WITH THE REQUIRE-
 MENTS OF SECTION TWENTY-EIGHT HUNDRED FIVE-Z OF THE PUBLIC HEALTH LAW.
   § 5. This act shall take effect immediately.
 
                                 SUBPART B

   Section  1. Subdivision 1 of section 2801 of the public health law, as
 amended by chapter 397 of the laws  of  2016,  is  amended  to  read  as
 follows:
   1.  "Hospital"  means a facility or institution engaged principally in
 providing services by or under the supervision of a physician or, in the
 case of a dental clinic or dental dispensary, of a dentist, or,  in  the

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 case  of  a  midwifery  birth  center, of a midwife, for the prevention,
 diagnosis or treatment of human  disease,  pain,  injury,  deformity  or
 physical  condition,  including, but not limited to, a general hospital,
 public  health center, diagnostic center, treatment center, dental clin-
 ic, dental dispensary, rehabilitation center other than a facility  used
 solely  for vocational rehabilitation, nursing home, tuberculosis hospi-
 tal, chronic  disease  hospital,  maternity  hospital,  midwifery  birth
 center,  lying-in-asylum,  out-patient  department,  out-patient  lodge,
 dispensary and a laboratory or central service facility serving  one  or
 more  such  institutions,  but  the  term  hospital shall not include an
 institution, sanitarium or other facility engaged principally in provid-
 ing services for the prevention, diagnosis or treatment of mental  disa-
 bility  and  which  is subject to the powers of visitation, examination,
 inspection and investigation of the department of mental hygiene  except
 for  those  distinct  parts  of  such  a facility which provide hospital
 service. The provisions of this article shall not apply to a facility or
 institution engaged principally in providing services by  or  under  the
 supervision of the bona fide members and adherents of a recognized reli-
 gious  organization  whose teachings include reliance on spiritual means
 through prayer alone for healing in the practice of the religion of such
 organization and where services are provided in  accordance  with  those
 teachings.  NO  PROVISION  OF THIS ARTICLE OR ANY OTHER PROVISION OF LAW
 SHALL BE CONSTRUED  TO:  (A)  LIMIT  THE  VOLUME  OF  MENTAL  HEALTH  OR
 SUBSTANCE  USE  DISORDER  SERVICES THAT CAN BE PROVIDED BY A PROVIDER OF
 PRIMARY CARE SERVICES LICENSED UNDER  THIS  ARTICLE  AND  AUTHORIZED  TO
 PROVIDE INTEGRATED SERVICES IN ACCORDANCE WITH REGULATIONS ISSUED BY THE
 COMMISSIONER  IN  CONSULTATION  WITH  THE  COMMISSIONER OF THE OFFICE OF
 MENTAL HEALTH AND THE COMMISSIONER  OF  THE  OFFICE  OF  ALCOHOLISM  AND
 SUBSTANCE  ABUSE  SERVICES,  INCLUDING  REGULATIONS  ISSUED  PURSUANT TO
 SUBDIVISION SEVEN OF SECTION THREE HUNDRED SIXTY-FIVE-L  OF  THE  SOCIAL
 SERVICES  LAW OR PART L OF CHAPTER FIFTY-SIX OF THE LAWS OF TWO THOUSAND
 TWELVE; (B) REQUIRE A PROVIDER LICENSED PURSUANT TO  ARTICLE  THIRTY-ONE
 OF THE MENTAL HYGIENE LAW OR CERTIFIED PURSUANT TO ARTICLE THIRTY-TWO OF
 THE  MENTAL  HYGIENE  LAW  TO  OBTAIN  AN OPERATING CERTIFICATE FROM THE
 DEPARTMENT IF SUCH PROVIDER HAS BEEN AUTHORIZED  TO  PROVIDE  INTEGRATED
 SERVICES  IN  ACCORDANCE  WITH REGULATIONS ISSUED BY THE COMMISSIONER IN
 CONSULTATION WITH THE COMMISSIONER OF THE OFFICE OF  MENTAL  HEALTH  AND
 THE  COMMISSIONER  OF  THE  OFFICE  OF  ALCOHOLISM  AND  SUBSTANCE ABUSE
 SERVICES, INCLUDING REGULATIONS ISSUED PURSUANT TO SUBDIVISION SEVEN  OF
 SECTION  THREE HUNDRED SIXTY-FIVE-L OF THE SOCIAL SERVICES LAW OR PART L
 OF CHAPTER FIFTY-SIX OF THE LAWS OF TWO THOUSAND TWELVE.
   § 2. Section 31.02 of the mental hygiene law is amended  by  adding  a
 new subdivision (f) to read as follows:
   (F)  NO  PROVISION OF THIS ARTICLE OR ANY OTHER PROVISION OF LAW SHALL
 BE CONSTRUED TO REQUIRE A PROVIDER LICENSED PURSUANT TO ARTICLE  TWENTY-
 EIGHT  OF THE PUBLIC HEALTH LAW OR CERTIFIED PURSUANT TO ARTICLE THIRTY-
 TWO OF THIS CHAPTER TO OBTAIN AN OPERATING CERTIFICATE FROM  THE  OFFICE
 OF  MENTAL  HEALTH IF SUCH PROVIDER HAS BEEN AUTHORIZED TO PROVIDE INTE-
 GRATED SERVICES IN ACCORDANCE WITH REGULATIONS ISSUED BY THE COMMISSION-
 ER OF THE OFFICE OF MENTAL HEALTH IN CONSULTATION WITH THE  COMMISSIONER
 OF  THE DEPARTMENT OF HEALTH AND THE COMMISSIONER OF THE OFFICE OF ALCO-
 HOLISM AND SUBSTANCE ABUSE SERVICES, INCLUDING REGULATIONS ISSUED PURSU-
 ANT TO SUBDIVISION SEVEN OF SECTION THREE HUNDRED  SIXTY-FIVE-L  OF  THE
 SOCIAL  SERVICES  LAW  OR PART L OF CHAPTER FIFTY-SIX OF THE LAWS OF TWO
 THOUSAND TWELVE.

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   § 3. Subdivision (b) of section 32.05 of the mental  hygiene  law,  as
 amended  by  chapter  204  of  the  laws  of 2007, is amended to read as
 follows:
   (b)  (I)  Methadone,  or such other controlled substance designated by
 the commissioner of health as appropriate for such use, may be  adminis-
 tered  to  an  addict, as defined in section thirty-three hundred two of
 the public health law, by individual physicians,  groups  of  physicians
 and  public  or private medical facilities certified pursuant to article
 twenty-eight or thirty-three of the public health law as part of a chem-
 ical dependence program which has been issued an  operating  certificate
 by the commissioner pursuant to subdivision (b) of section 32.09 of this
 article,  provided,  however,  that  such administration must be done in
 accordance with all applicable federal and state laws  and  regulations.
 Individual physicians or groups of physicians who have obtained authori-
 zation  from  the  federal  government  to  administer  buprenorphine to
 addicts may do so without obtaining an operating  certificate  from  the
 commissioner.  (II)  NO PROVISION OF THIS ARTICLE OR ANY OTHER PROVISION
 OF LAW SHALL BE CONSTRUED TO REQUIRE A  PROVIDER  LICENSED  PURSUANT  TO
 ARTICLE  TWENTY-EIGHT  OF THE PUBLIC HEALTH LAW OR ARTICLE THIRTY-ONE OF
 THIS CHAPTER TO OBTAIN AN OPERATING CERTIFICATE FROM THE OFFICE OF ALCO-
 HOLISM AND SUBSTANCE ABUSE SERVICES IF SUCH PROVIDER HAS BEEN AUTHORIZED
 TO PROVIDE INTEGRATED SERVICES IN ACCORDANCE WITH REGULATIONS ISSUED  BY
 THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES IN CONSULTA-
 TION  WITH  THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND THE COMMIS-
 SIONER OF THE OFFICE OF  MENTAL  HEALTH,  INCLUDING  REGULATIONS  ISSUED
 PURSUANT  TO  SUBDIVISION SEVEN OF SECTION THREE HUNDRED SIXTY-FIVE-L OF
 THE SOCIAL SERVICES LAW OR PART L OF CHAPTER FIFTY-SIX OF  THE  LAWS  OF
 TWO THOUSAND TWELVE.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law; provided, however, that the commissioner of
 the department of health, the  commissioner  of  the  office  of  mental
 health,  and  the commissioner of the office of alcoholism and substance
 abuse services are authorized to issue any rule or regulation  necessary
 for the implementation of this act on or before its effective date.
 
                                 SUBPART C
 
   Section  1. Paragraphs (s) and (t) of subdivision 2 of section 2999-cc
 of the public health law, as amended by chapter 454 of the laws of 2015,
 are amended and a new paragraph (u) is added to read as follows:
   (s) a hospice as defined in article forty of this chapter; [and]
   (t) CREDENTIALED ALCOHOLISM AND  SUBSTANCE  ABUSE  COUNSELORS  CREDEN-
 TIALED  BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES OR BY A
 CREDENTIALING ENTITY APPROVED BY SUCH OFFICE PURSUANT TO  SECTION  19.07
 OF THE MENTAL HYGIENE LAW;
   (U)  PROVIDERS AUTHORIZED TO PROVIDE SERVICES AND SERVICE COORDINATION
 UNDER THE EARLY INTERVENTION PROGRAM PURSUANT TO ARTICLE TWENTY-FIVE  OF
 THIS CHAPTER; AND
   (V)  any  other provider as determined by the commissioner pursuant to
 regulation OR, IN CONSULTATION WITH THE COMMISSIONER, BY THE COMMISSION-
 ER OF THE OFFICE OF MENTAL HEALTH, THE COMMISSIONER  OF  THE  OFFICE  OF
 ALCOHOLISM  AND  SUBSTANCE  ABUSE  SERVICES,  OR THE COMMISSIONER OF THE
 OFFICE  FOR  PEOPLE  WITH   DEVELOPMENTAL   DISABILITIES   PURSUANT   TO
 REGULATION.

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   §  2.  Subdivision  3  of section 2999-cc of the public health law, as
 separately amended by chapters 238 and 285  of  the  laws  of  2017,  is
 amended to read as follows:
   3.  "Originating  site"  means a site at which a patient is located at
 the time health care services are delivered to him or her  by  means  of
 telehealth.  Originating  sites  shall  be  limited  to  (A)  facilities
 licensed under articles twenty-eight and forty of this  chapter[,];  (B)
 facilities  as  defined in subdivision six of section 1.03 of the mental
 hygiene law[,]; (C) private physician's  or  dentist's  offices  located
 within  the  state  of  New York[,]; (D) any type of adult care facility
 licensed under title two of article seven of the social services law[,];
 (E) public, private and charter elementary and secondary schools, school
 age child care programs, and child day care centers within the state  of
 New  York;  and[,  when  a  patient is receiving health care services by
 means of remote patient monitoring,] (F) the patient's  place  of  resi-
 dence  located  within the state of New York or other temporary location
 located within or outside the state of New York; SUBJECT  TO  REGULATION
 ISSUED  BY  THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, THE COMMIS-
 SIONER OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, AND THE
 COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
   § 3. Subdivision 7 of section 2999-cc of the  public  health  law,  as
 added by chapter 6 of the laws of 2015, is amended to read as follows:
   7.  "Remote  patient monitoring" means the use of synchronous or asyn-
 chronous  electronic  information  and  communication  technologies   to
 collect  personal  health information and medical data from a patient at
 an originating site that is transmitted to a telehealth  provider  at  a
 distant  site  for use in the treatment and management of medical condi-
 tions that require frequent monitoring.  SUCH TECHNOLOGIES  MAY  INCLUDE
 ADDITIONAL  INTERACTION  TRIGGERED  BY  PREVIOUS  TRANSMISSIONS, SUCH AS
 INTERACTIVE QUERIES CONDUCTED THROUGH COMMUNICATION TECHNOLOGIES  OR  BY
 TELEPHONE. Such conditions shall include, but not be limited to, conges-
 tive  heart  failure,  diabetes,  chronic obstructive pulmonary disease,
 wound care, polypharmacy, mental or behavioral problems,  and  technolo-
 gy-dependent  care  such  as  continuous  oxygen, ventilator care, total
 parenteral nutrition or enteral  feeding.    Remote  patient  monitoring
 shall be ordered by a physician licensed pursuant to article one hundred
 thirty-one  of the education law, a nurse practitioner licensed pursuant
 to article one hundred thirty-nine of the education law,  or  a  midwife
 licensed  pursuant  to  article  one hundred forty of the education law,
 with which the patient has a substantial and ongoing relationship.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law;  provided,  however,  that the commissioner of the
 department of health, the commissioner of the office of  mental  health,
 the  commissioner  of  the  office  of  alcoholism  and  substance abuse
 services, and the commissioner of the office for  people  with  develop-
 mental  disabilities  are  authorized  to  issue  any rule or regulation
 necessary for the implementation of this act on or before its  effective
 date.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or subpart 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  subpart  thereof  directly involved in the controversy in which such
 judgment shall have been rendered. It  is  hereby  declared  to  be  the

 S. 7507--A                         65                         A. 9507--A
 
 intent  of the legislature that this act would have been enacted even if
 such invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately; provided, however, that
 the applicable effective date of Subparts A through C of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART T
 
   Section  1.   Subdivision (a) of section 31 of part B of chapter 59 of
 the laws of 2016, amending the social services law relating to authoriz-
 ing the commissioner of health to apply federally  established  consumer
 price index penalties for generic drugs, and authorizing the commission-
 er  of  health  to  impose penalties on managed care plans for reporting
 late or incorrect encounter data, is amended to read as follows:
   (a) section eleven of this act shall expire  and  be  deemed  repealed
 March 31, [2018] 2023;
   § 2. Subdivision 6-a of section 93 of part C of chapter 58 of the laws
 of  2007,  amending  the  social services law and other laws relating to
 adjustments of rates, as amended by section 20 of part B of  chapter  56
 of the laws of 2013, is amended to read as follows:
   6-a.  section  fifty-seven  of  this  act  shall  expire and be deemed
 repealed on [December 31, 2018] MARCH 31, 2023; provided that the amend-
 ments made by such section to subdivision 4  of  section  366-c  of  the
 social  services law shall apply with respect to determining initial and
 continuing eligibility for medical assistance, including  the  continued
 eligibility  of  recipients  originally determined eligible prior to the
 effective date of this act, and provided further  that  such  amendments
 shall  not apply to any person or group of persons if it is subsequently
 determined by the Centers for Medicare and Medicaid  services  or  by  a
 court  of  competent  jurisdiction  that medical assistance with federal
 financial participation is available for the costs of services  provided
 to  such  person  or  persons  under  the provisions of subdivision 4 of
 section 366-c of the social services law in effect immediately prior  to
 the effective date of this act.
   §  3. Section 2 of part II of chapter 54 of the laws of 2016, amending
 part C of chapter 58 of the laws of 2005 authorizing reimbursements  for
 expenditures  made  by  or  on  behalf  of social services districts for
 medical assistance for needy  persons  and  administration  thereof,  is
 amended to read as follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed [two years after it shall have become a law]  MARCH  31,
 2023.
   § 4. Section 3 of chapter 906 of the laws of 1984, amending the social
 services  law  relating  to expanding medical assistance eligibility and
 the scope of services available to certain persons with disabilities, as
 amended by section 25-a of part B of chapter 56 of the laws of 2013,  is
 amended to read as follows:
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall be of no  further  force  and  effect  after
 [December 31, 2018] MARCH 31, 2023, at which time the provisions of this
 act shall be deemed to be repealed.
   § 5. Section 4-a of part A of chapter 56 of the laws of 2013, amending
 chapter  59 of the laws of 2011 amending the public health law and other
 laws relating to general hospital reimbursement for annual rates  relat-
 ing  to  the cap on local Medicaid expenditures, as amended by section 9

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 of part I of chapter 57 of the laws of  2017,  is  amended  to  read  as
 follows:
   §  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, [2019] 2017 through March 31, 2019, for inpa-
 tient and outpatient services provided by general hospitals,  for  inpa-
 tient services and adult day health care outpatient services provided by
 residential  health care facilities pursuant to article 28 of the public
 health law, except for residential health care facilities  or  units  of
 such  facilities  providing services primarily to children under twenty-
 one years of age, for home health care  services  provided  pursuant  to
 article  36  of the public health law by certified home health agencies,
 long term home health care programs and AIDS home care programs, and for
 personal care services provided pursuant to section 365-a of the  social
 services  law,  the  commissioner  of health shall apply no greater than
 zero trend factors attributable to the 2017,  2018,  AND  2019  calendar
 [year]  YEARS  in  accordance  with  paragraph  (c) of subdivision 10 of
 section 2807-c of the public health law, provided, however, that such no
 greater than zero trend factors attributable to  such  2017,  2018,  AND
 2019  calendar  [year]  YEARS  shall also be applied to rates of payment
 provided on and after January 1, [2019] 2017 through March 31, 2019  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 pursu-
 ant to a rate-setting exemption issued by the commissioner of health  to
 such local social services districts in accordance with applicable regu-
 lations[,]; and provided further, however, that for rates of payment for
 assisted living program services provided on and after January 1, [2019]
 2017  through  March  31,  2019,  such trend factors attributable to the
 2017, 2018, AND 2019 calendar [year] YEARS shall be  established  at  no
 greater than zero percent.
   § 6. This act shall take effect immediately.
 
                                  PART U
 
   Section  1.  Section  2  of part NN of chapter 58 of the laws of 2015,
 amending the mental hygiene law relating to clarifying the authority  of
 the  commissioners  in  the  department  of mental hygiene to design and
 implement time-limited demonstration programs, is  amended  to  read  as
 follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed March 31, [2018] 2021.
   § 2. This act shall take effect immediately.
 
                                  PART V
 
   Section 1. Section 7 of part R2 of chapter 62 of  the  laws  of  2003,
 amending  the  mental  hygiene law and the state finance law relating to
 the community mental health support and workforce reinvestment  program,
 the  membership of subcommittees for mental health of community services
 boards and the duties of such subcommittees and creating  the  community
 mental  health and workforce reinvestment account, as amended by section
 3 of part G of chapter 60 of the laws of 2014, is  amended  to  read  as
 follows:

 S. 7507--A                         67                         A. 9507--A
 
   § 7. This act shall take effect immediately and shall expire March 31,
 [2018]  2021  when  upon  such  date the provisions of this act shall be
 deemed repealed.
   § 2. This act shall take effect immediately.
 
                                  PART W
 
   Section  1.  Subdivision 9 of section 730.10 of the criminal procedure
 law, as added by section 1 of part Q of chapter 56 of the laws of  2012,
 is amended to read as follows:
   9.  "Appropriate  institution"  means:  (a) a hospital operated by the
 office of mental health or a developmental center operated by the office
 for people with developmental disabilities; [or] (b) a hospital licensed
 by the department of health which operates a psychiatric  unit  licensed
 by  the  office  of  mental  health,  as  determined by the commissioner
 provided, however, that any such hospital that is not  operated  by  the
 state shall qualify as an "appropriate institution" only pursuant to the
 terms of an agreement between the commissioner and the hospital ; OR (C)
 A  MENTAL  HEALTH UNIT OPERATING WITHIN A CORRECTIONAL FACILITY OR LOCAL
 CORRECTIONAL FACILITY; PROVIDED HOWEVER, THAT  ANY  SUCH  MENTAL  HEALTH
 UNIT  OPERATING WITHIN A LOCAL CORRECTIONAL FACILITY SHALL QUALIFY AS AN
 "APPROPRIATE INSTITUTION" ONLY PURSUANT TO THE  TERMS  OF  AN  AGREEMENT
 BETWEEN  THE  COMMISSIONER  OF  MENTAL  HEALTH,  DIRECTOR  OF  COMMUNITY
 SERVICES AND THE SHERIFF FOR  THE  RESPECTIVE  LOCALITY,  AND  ANY  SUCH
 MENTAL HEALTH UNIT OPERATING WITHIN A CORRECTIONAL FACILITY SHALL QUALI-
 FY  AS  AN  "APPROPRIATE  INSTITUTION"  ONLY PURSUANT TO THE TERMS OF AN
 AGREEMENT BETWEEN THE COMMISSIONER OF MENTAL HEALTH AND THE COMMISSIONER
 OF CORRECTIONS AND COMMUNITY SUPERVISION. Nothing in this article  shall
 be  construed  as  requiring  a hospital, CORRECTIONAL FACILITY OR LOCAL
 CORRECTIONAL FACILITY to consent to providing care and treatment  to  an
 incapacitated  person  at  such hospital, CORRECTIONAL FACILITY OR LOCAL
 CORRECTIONAL FACILITY. IN A CITY WITH A  POPULATION  OF  MORE  THAN  ONE
 MILLION, ANY SUCH UNIT SHALL BE LIMITED TO TWENTY-FIVE BEDS. THE COMMIS-
 SIONER  OF  MENTAL HEALTH SHALL PROMULGATE REGULATIONS FOR DEMONSTRATION
 PROGRAMS TO IMPLEMENT RESTORATION TO COMPETENCY  WITHIN  A  CORRECTIONAL
 FACILITY  OR  LOCAL  CORRECTIONAL  FACILITY. SUBJECT TO ANNUAL APPROPRI-
 ATION, THE COMMISSIONER OF MENTAL HEALTH  MAY,  AT  SUCH  COMMISSIONER'S
 DISCRETION, MAKE FUNDS AVAILABLE FOR STATE AID GRANTS TO ANY COUNTY THAT
 DEVELOPS  AND  OPERATES A MENTAL HEALTH UNIT WITHIN A LOCAL CORRECTIONAL
 FACILITY PURSUANT TO THIS SECTION. NOTHING  IN  THIS  ARTICLE  SHALL  BE
 CONSTRUED  AS  REQUIRING  A  HOSPITAL,  CORRECTIONAL  FACILITY  OR LOCAL
 CORRECTIONAL FACILITY TO CONSENT TO PROVIDING CARE AND TREATMENT  TO  AN
 INCAPACITATED  PERSON  AT  SUCH HOSPITAL, CORRECTIONAL FACILITY OR LOCAL
 CORRECTIONAL FACILITY.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2018; provided,
 however, this act shall expire and be deemed repealed March 31, 2023.

                                  PART X
 
   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 LL of chapter 58 of the laws of 2015,  is  amended  to
 read as follows:

 S. 7507--A                         68                         A. 9507--A
 
   §  3.  This act shall take effect immediately; and shall expire and be
 deemed repealed June 30, [2018] 2021.
   § 2. This act shall take effect immediately.
 
                                  PART Y
 
   Section  1.  Subdivision  10  of section 7605 of the education law, as
 added by section 4 of part AA of chapter 57 of  the  laws  of  2013,  is
 amended and a new subdivision 12 is added to read as follows:
   10.  (A)  A person without a license from: performing assessments such
 as basic information collection,  gathering  of  demographic  data,  and
 informal observations, screening and referral used for general eligibil-
 ity for a program or service and determining the functional status of an
 individual  for  the purpose of determining need for services [unrelated
 to a behavioral health diagnosis or  treatment  plan.    Such  licensure
 shall  not  be  required  to create, develop or implement a service plan
 unrelated to a behavioral health diagnosis  or  treatment  plan];  COUN-
 SELING  INDIVIDUALS  REGARDING  THE APPROPRIATENESS OF BENEFITS THEY ARE
 ELIGIBLE FOR; PROVIDING GENERAL COUNSELING THAT IS NOT PSYCHOTHERAPY AND
 ASSISTING INDIVIDUALS OR GROUPS WITH DIFFICULT DAY TO DAY PROBLEMS  SUCH
 AS  FINDING  EMPLOYMENT,  LOCATING SOURCES OF ASSISTANCE, AND ORGANIZING
 COMMUNITY GROUPS TO WORK ON A SPECIFIC PROBLEM; PROVIDING PEER SERVICES;
 OR TO SELECT FOR  SUITABILITY  AND  PROVIDE  SUBSTANCE  ABUSE  TREATMENT
 SERVICES OR GROUP RE-ENTRY SERVICES TO INCARCERATED INDIVIDUALS IN STATE
 CORRECTIONAL FACILITIES.
   (B) A PERSON WITHOUT A LICENSE FROM CREATING, DEVELOPING OR IMPLEMENT-
 ING  A  SERVICE  PLAN  OR  RECOVERY PLAN THAT IS NOT A BEHAVIORAL HEALTH
 DIAGNOSIS OR TREATMENT  PLAN.  Such  service  OR  RECOVERY  plans  shall
 include, but are not limited to, COORDINATING, EVALUATING OR DETERMINING
 THE  NEED  FOR, OR THE PROVISION OF THE FOLLOWING SERVICES: job training
 and employability[,]; housing[,]; HOMELESS  SERVICES  AND  SHELTERS  FOR
 HOMELESS INDIVIDUALS AND FAMILIES; REFUGEE SERVICES; RESIDENTIAL, DAY OR
 COMMUNITY  HABILITATION  SERVICES; general public assistance[,]; in home
 services and supports or home-delivered meals[, investigations conducted
 or assessments made by]; RECOVERY SUPPORTS; adult  or  child  protective
 services  INCLUDING INVESTIGATIONS; DETENTION AS DEFINED IN SECTION FIVE
 HUNDRED TWO OF THE EXECUTIVE LAW; PREVENTION  AND  RESIDENTIAL  SERVICES
 FOR  VICTIMS  OF  DOMESTIC  VIOLENCE;  SERVICES FOR RUNAWAY AND HOMELESS
 YOUTH; FOSTER CARE, ADOPTION, PREVENTIVE SERVICES OR SERVICES IN ACCORD-
 ANCE WITH AN APPROVED PLAN PURSUANT TO SECTION FOUR HUNDRED FOUR OF  THE
 SOCIAL  SERVICES  LAW,  INCLUDING,  adoption AND FOSTER home studies and
 assessments, family service plans, transition  plans  [and],  permanency
 planning  activities, AND CASE PLANNING OR CASE MANAGEMENT AS SUCH TERMS
 ARE DEFINED IN PART FOUR HUNDRED TWENTY-EIGHT OF TITLE EIGHTEEN  OF  THE
 NEW  YORK CODES, RULES AND REGULATIONS; RESIDENTIAL REHABILITATION; HOME
 AND  COMMUNITY  BASED  SERVICES;  AND  de-escalation  techniques,   peer
 services  or  skill development. [A license under this article shall not
 be required for persons to participate]
   (C)(I) A PERSON WITHOUT A LICENSE FROM PARTICIPATING as a member of  a
 multi-disciplinary  team  to  DEVELOP  OR implement a [behavioral health
 services or] treatment plan; provided [however,] that  such  team  shall
 include  one  or more professionals licensed under this article or arti-
 cles one  hundred  thirty-one,  ONE  HUNDRED  THIRTY-NINE,  one  hundred
 fifty-four  or one hundred sixty-three of this chapter WHO MUST DIRECTLY
 OBSERVE EACH PATIENT EITHER IN PERSON OR BY ELECTRONIC MEANS,  PRIOR  TO
 THE RENDERING OF A DIAGNOSIS; and provided, further, that the activities

 S. 7507--A                         69                         A. 9507--A

 performed  by  members of the team shall be consistent with the scope of
 practice for each team member licensed or authorized under title VIII of
 this chapter, and those who are not so authorized may not  INDEPENDENTLY
 engage  in  the  following restricted practices, BUT MAY ASSIST LICENSED
 PROFESSIONALS OR MULTI-DISCIPLINARY TEAM MEMBERS WITH: the diagnosis  of
 mental, emotional, behavioral, addictive and developmental disorders and
 disabilities;  patient  assessment  and  evaluating;  the  provision  of
 psychotherapeutic treatment;  the  provision  of  treatment  other  than
 psychotherapeutic treatment; [and/or] OR the development and implementa-
 tion  of assessment-based treatment plans as defined in section seventy-
 seven hundred one of this [chapter] TITLE.
   (II) AS USED IN THIS SUBDIVISION, A TREATMENT PLAN SHALL BE LIMITED TO
 PLANS FOR TREATMENT  WITHIN  THE  FOLLOWING  SETTINGS:    FACILITIES  OR
 PROGRAMS  OPERATING  PURSUANT TO ARTICLE NINETEEN-G OF THE EXECUTIVE LAW
 OR PURSUANT TO ARTICLES SEVEN, SIXTEEN, THIRTY-ONE AND THIRTY-TWO OF THE
 MENTAL HYGIENE LAW.
   (III) AS USED IN THIS SUBDIVISION, THE TERM "ASSIST" SHALL INCLUDE THE
 PROVISION OF SERVICES WITHIN  THE  PRACTICE  OF  PSYCHOLOGY,  UNDER  THE
 SUPERVISION OF A PERSON LICENSED UNDER THIS ARTICLE.
   (D)  Provided,  further,  that  nothing  in  this subdivision shall be
 construed as requiring a license for any particular activity or function
 based solely on the fact that the activity or function is not listed  in
 this subdivision.
   12.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NOTH-
 ING IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT OR LIMIT  THE  ACTIV-
 ITIES  OR  SERVICES  PROVIDED  BY  ANY  PERSON  WHO  IS  EMPLOYED OR WHO
 COMMENCES EMPLOYMENT IN A PROGRAM OR SERVICE OPERATED, REGULATED,  FUND-
 ED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHIL-
 DREN  AND  FAMILY  SERVICES, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY
 SUPERVISION, THE OFFICE OF  TEMPORARY  AND  DISABILITY  ASSISTANCE,  THE
 STATE  OFFICE  FOR  THE  AGING  AND  THE DEPARTMENT OF HEALTH OR A LOCAL
 GOVERNMENTAL UNIT AS THAT TERM IS DEFINED IN SECTION 41.03 OF THE MENTAL
 HYGIENE LAW OR A SOCIAL SERVICES DISTRICT AS DEFINED IN  SECTION  SIXTY-
 ONE  OF  THE  SOCIAL  SERVICES LAW ON OR BEFORE JULY FIRST, TWO THOUSAND
 TWENTY. PROVIDED, HOWEVER, THAT ANY PERSON WHO COMMENCES  EMPLOYMENT  IN
 SUCH  PROGRAM  OR  SERVICE  AFTER  JULY  FIRST,  TWO THOUSAND TWENTY AND
 PERFORMS SERVICES THAT ARE RESTRICTED UNDER THIS ARTICLE SHALL BE APPRO-
 PRIATELY LICENSED OR AUTHORIZED UNDER THIS ARTICLE.
   § 2. Paragraph (f) of subdivision 1 of section 7702 of  the  education
 law, as amended by chapter 230 of the laws of 2004, is amended and a new
 paragraph (m) is added to read as follows:
   (f) [Assist] GENERAL COUNSELING THAT IS NOT PSYCHOTHERAPY, AND ASSIST-
 ING  individuals  or  groups  with difficult day to day problems such as
 finding employment,  locating  sources  of  assistance,  and  organizing
 community groups to work on a specific problem.
   (M) PROVIDE PEER SERVICES.
   §  3.  Subdivision 7 of section 7706 of the education law, as added by
 section 5 of part AA of chapter 57 of the laws of 2013, is amended and a
 new subdivision 8 is added to read as follows:
   7. (A) Prevent a person without a license from: performing assessments
 such as basic information collection, gathering of demographic data, and
 informal observations, screening and referral used for general eligibil-
 ity for a program or service and determining the functional status of an
 individual for the purpose of determining need for  services  [unrelated
 to a behavioral health diagnosis or treatment plan. Such licensure shall
 not be required to create, develop or implement a service plan unrelated

 S. 7507--A                         70                         A. 9507--A

 to a behavioral health diagnosis or treatment plan]; COUNSELING INDIVID-
 UALS  REGARDING  THE  APPROPRIATENESS OF BENEFITS THEY ARE ELIGIBLE FOR;
 PROVIDING GENERAL COUNSELING THAT IS  NOT  PSYCHOTHERAPY  AND  ASSISTING
 INDIVIDUALS OR GROUPS WITH DIFFICULT DAY TO DAY PROBLEMS SUCH AS FINDING
 EMPLOYMENT,  LOCATING  SOURCES  OF  ASSISTANCE, AND ORGANIZING COMMUNITY
 GROUPS TO WORK ON A SPECIFIC PROBLEM; PROVIDING  PEER  SERVICES;  OR  TO
 SELECT FOR SUITABILITY AND PROVIDE SUBSTANCE ABUSE TREATMENT SERVICES OR
 GROUP RE-ENTRY SERVICES TO INCARCERATED INDIVIDUALS IN STATE CORRECTION-
 AL FACILITIES.
   (B)  PREVENT  A  PERSON WITHOUT A LICENSE FROM CREATING, DEVELOPING OR
 IMPLEMENTING A SERVICE PLAN OR RECOVERY PLAN THAT IS  NOT  A  BEHAVIORAL
 HEALTH DIAGNOSIS OR TREATMENT PLAN. Such service OR RECOVERY plans shall
 include, but are not limited to, COORDINATING, EVALUATING OR DETERMINING
 THE  NEED  FOR, OR THE PROVISION OF THE FOLLOWING SERVICES: job training
 and employability[,]; housing[,]; HOMELESS  SERVICES  AND  SHELTERS  FOR
 HOMELESS INDIVIDUALS AND FAMILIES; REFUGEE SERVICES; RESIDENTIAL, DAY OR
 COMMUNITY  HABILITATION  SERVICES; general public assistance[,]; in home
 services and supports or home-delivered meals[, investigations conducted
 or assessments made by]; RECOVERY SUPPORTS; adult  or  child  protective
 services  INCLUDING INVESTIGATIONS; DETENTION AS DEFINED IN SECTION FIVE
 HUNDRED TWO OF THE EXECUTIVE LAW; PREVENTION  AND  RESIDENTIAL  SERVICES
 FOR  VICTIMS  OF  DOMESTIC  VIOLENCE;  SERVICES FOR RUNAWAY AND HOMELESS
 YOUTH; FOSTER CARE, ADOPTION, PREVENTIVE SERVICES OR SERVICES IN ACCORD-
 ANCE WITH AN APPROVED PLAN PURSUANT TO SECTION FOUR HUNDRED FOUR OF  THE
 SOCIAL  SERVICES  LAW,  INCLUDING,  adoption AND FOSTER home studies and
 assessments, family service plans, transition  plans  [and],  permanency
 planning  activities, AND CASE PLANNING OR CASE MANAGEMENT AS SUCH TERMS
 ARE DEFINED IN PART FOUR HUNDRED TWENTY-EIGHT OF TITLE EIGHTEEN  OF  THE
 NEW  YORK CODES, RULES AND REGULATIONS; RESIDENTIAL REHABILITATION; HOME
 AND  COMMUNITY  BASED  SERVICES;  AND  de-escalation  techniques,   peer
 services  or  skill development. [A license under this article shall not
 be required for persons to participate]
   (C)(I) PREVENT A PERSON WITHOUT A  LICENSE  FROM  PARTICIPATING  as  a
 member  of  a  multi-disciplinary team to DEVELOP OR implement a [behav-
 ioral health services or] treatment plan; provided [however,] that  such
 team shall include one or more professionals licensed under this article
 or articles one hundred thirty-one, ONE HUNDRED THIRTY-NINE, one hundred
 fifty-three or one hundred sixty-three of this chapter WHO MUST DIRECTLY
 OBSERVE  EACH  PATIENT EITHER IN PERSON OR BY ELECTRONIC MEANS, PRIOR TO
 THE RENDERING OF A DIAGNOSIS; and provided, further, that the activities
 performed by members of the team shall be consistent with the  scope  of
 practice for each team member licensed or authorized under title VIII of
 this  chapter, and those who are not so authorized may not INDEPENDENTLY
 engage in the following restricted practices, BUT  MAY  ASSIST  LICENSED
 PROFESSIONALS OR MULTI-DISCIPLINARY TEAM MEMBERS WITH:  the diagnosis of
 mental, emotional, behavioral, addictive and developmental disorders and
 disabilities;  patient  assessment  and  evaluating;  the  provision  of
 psychotherapeutic treatment;  the  provision  of  treatment  other  than
 psychotherapeutic treatment; [and/or] OR the development and implementa-
 tion  of assessment-based treatment plans as defined in section seventy-
 seven hundred one of this article.
   (II) AS USED IN THIS SUBDIVISION, A TREATMENT PLAN SHALL BE LIMITED TO
 PLANS  FOR  TREATMENT  WITHIN  THE  FOLLOWING  SETTINGS:  FACILITIES  OR
 PROGRAMS  OPERATING  PURSUANT TO ARTICLE NINETEEN-G OF THE EXECUTIVE LAW
 OR PURSUANT TO ARTICLES SEVEN, SIXTEEN, THIRTY-ONE AND THIRTY-TWO OF THE
 MENTAL HYGIENE LAW.

 S. 7507--A                         71                         A. 9507--A
 
   (III) AS USED IN THIS SUBDIVISION, THE TERM "ASSIST" SHALL INCLUDE THE
 PROVISION OF SERVICES WITHIN THE PRACTICE OF MASTER SOCIAL WORK OR CLIN-
 ICAL SOCIAL WORK, UNDER THE SUPERVISION OF A PERSON LICENSED UNDER  THIS
 ARTICLE.
   (D)  Provided,  further,  that  nothing  in  this subdivision shall be
 construed as requiring a license for any particular activity or function
 based solely on the fact that the activity or function is not listed  in
 this subdivision.
   8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NOTHING
 IN  THIS  ARTICLE SHALL BE CONSTRUED TO PROHIBIT OR LIMIT THE ACTIVITIES
 OR SERVICES PROVIDED BY ANY PERSON WHO  IS  EMPLOYED  OR  WHO  COMMENCES
 EMPLOYMENT  IN  A  PROGRAM  OR  SERVICE  OPERATED, REGULATED, FUNDED, OR
 APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHILDREN AND
 FAMILY SERVICES, THE DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPER-
 VISION,  THE  OFFICE  OF  TEMPORARY AND DISABILITY ASSISTANCE, THE STATE
 OFFICE FOR THE AGING AND THE DEPARTMENT OF HEALTH  OR  A  LOCAL  GOVERN-
 MENTAL  UNIT  AS  THAT  TERM  IS  DEFINED IN SECTION 41.03 OF THE MENTAL
 HYGIENE LAW OR A SOCIAL SERVICES DISTRICT AS DEFINED IN  SECTION  SIXTY-
 ONE  OF  THE  SOCIAL  SERVICES LAW ON OR BEFORE JULY FIRST, TWO THOUSAND
 TWENTY. PROVIDED HOWEVER, THAT ANY PERSON WHO  COMMENCES  EMPLOYMENT  IN
 SUCH  PROGRAM  OR  SERVICE  AFTER  JULY  FIRST,  TWO THOUSAND TWENTY AND
 PERFORMS SERVICES THAT ARE RESTRICTED UNDER THIS ARTICLE SHALL BE APPRO-
 PRIATELY LICENSED OR AUTHORIZED UNDER THIS ARTICLE.
   § 4. Subdivision 8 of section 8410 of the education law, as  added  by
 section 6 of part AA of chapter 57 of the laws of 2013, is amended and a
 new subdivision 9 is added to read as follows:
   8. (A) Prevent a person without a license from: performing assessments
 such as basic information collection, gathering of demographic data, and
 informal observations, screening and referral used for general eligibil-
 ity for a program or service and determining the functional status of an
 individual  for  the purpose of determining need for services [unrelated
 to a behavioral health diagnosis or  treatment  plan.    Such  licensure
 shall  not  be  required  to create, develop or implement a service plan
 unrelated to a behavioral health diagnosis  or  treatment  plan];  COUN-
 SELING  INDIVIDUALS  REGARDING  THE APPROPRIATENESS OF BENEFITS THEY ARE
 ELIGIBLE FOR; PROVIDING GENERAL COUNSELING THAT IS NOT PSYCHOTHERAPY AND
 ASSISTING INDIVIDUALS OR GROUPS WITH DIFFICULT DAY TO DAY PROBLEMS  SUCH
 AS  FINDING  EMPLOYMENT,  LOCATING SOURCES OF ASSISTANCE, AND ORGANIZING
 COMMUNITY GROUPS TO WORK ON A SPECIFIC PROBLEM; PROVIDING PEER SERVICES;
 OR TO SELECT FOR  SUITABILITY  AND  PROVIDE  SUBSTANCE  ABUSE  TREATMENT
 SERVICES OR GROUP RE-ENTRY SERVICES TO INCARCERATED INDIVIDUALS IN STATE
 CORRECTIONAL FACILITIES.
   (B)  PREVENT  A  PERSON WITHOUT A LICENSE FROM CREATING, DEVELOPING OR
 IMPLEMENTING A SERVICE PLAN OR RECOVERY PLAN THAT IS  NOT  A  BEHAVIORAL
 HEALTH DIAGNOSIS OR TREATMENT PLAN. Such service OR RECOVERY plans shall
 include, but are not limited to, COORDINATING, EVALUATING OR DETERMINING
 THE  NEED  FOR, OR THE PROVISION OF THE FOLLOWING SERVICES: job training
 and employability[,]; housing[,]; HOMELESS  SERVICES  AND  SHELTERS  FOR
 HOMELESS INDIVIDUALS AND FAMILIES; REFUGEE SERVICES; RESIDENTIAL, DAY OR
 COMMUNITY  HABILITATION  SERVICES; general public assistance[,]; in home
 services and supports or home-delivered meals[, investigations conducted
 or assessments made by]; RECOVERY SUPPORTS; adult  or  child  protective
 services  INCLUDING INVESTIGATIONS; DETENTION AS DEFINED IN SECTION FIVE
 HUNDRED TWO OF THE EXECUTIVE LAW; PREVENTION  AND  RESIDENTIAL  SERVICES
 FOR  VICTIMS  OF  DOMESTIC  VIOLENCE;  SERVICES FOR RUNAWAY AND HOMELESS
 YOUTH; FOSTER CARE, ADOPTION, PREVENTIVE SERVICES OR SERVICES IN ACCORD-

 S. 7507--A                         72                         A. 9507--A
 
 ANCE WITH AN APPROVED PLAN PURSUANT TO SECTION FOUR HUNDRED FOUR OF  THE
 SOCIAL  SERVICES  LAW,  INCLUDING,  adoption AND FOSTER home studies and
 assessments, family service plans, transition  plans  [and],  permanency
 planning  activities, AND CASE PLANNING OR CASE MANAGEMENT AS SUCH TERMS
 ARE DEFINED IN PART FOUR HUNDRED TWENTY-EIGHT OF TITLE EIGHTEEN  OF  THE
 NEW  YORK CODES, RULES AND REGULATIONS; RESIDENTIAL REHABILITATION; HOME
 AND  COMMUNITY  BASED  SERVICES;  AND  de-escalation  techniques,   peer
 services  or  skill development. [A license under this article shall not
 be required for persons to participate]
   (C)(I) PREVENT A PERSON WITHOUT A  LICENSE  FROM  PARTICIPATING  as  a
 member  of  a  multi-disciplinary team to DEVELOP OR implement a [behav-
 ioral health services or] treatment plan; provided [however,] that  such
 team shall include one or more professionals licensed under this article
 or articles one hundred thirty-one, ONE HUNDRED THIRTY-NINE, one hundred
 fifty-three  or one hundred fifty-four of this chapter WHO MUST DIRECTLY
 OBSERVE EACH PATIENT EITHER IN PERSON OR BY ELECTRONIC MEANS,  PRIOR  TO
 THE RENDERING OF A DIAGNOSIS; and provided, further, that the activities
 performed  by  members of the team shall be consistent with the scope of
 practice for each team member licensed or authorized under title VIII of
 this chapter, and those who are not so authorized may not  INDEPENDENTLY
 engage  in  the  following restricted practices, BUT MAY ASSIST LICENSED
 PROFESSIONALS OR MULTIDISCIPLINARY TEAM MEMBERS WITH: the  diagnosis  of
 mental, emotional, behavioral, addictive and developmental disorders and
 disabilities;  patient  assessment  and  evaluating;  the  provision  of
 psychotherapeutic treatment;  the  provision  of  treatment  other  than
 psychotherapeutic treatment; [and/or] OR the development and implementa-
 tion  of assessment-based treatment plans as defined in section seventy-
 seven hundred one of this chapter.
   (II) AS USED IN THIS SUBDIVISION, A TREATMENT PLAN SHALL BE LIMITED TO
 PLANS  FOR  TREATMENT  WITHIN  THE  FOLLOWING  SETTINGS:  FACILITIES  OR
 PROGRAMS  OPERATING  PURSUANT TO ARTICLE NINETEEN-G OF THE EXECUTIVE LAW
 OR PURSUANT TO ARTICLES SEVEN, SIXTEEN, THIRTY-ONE AND THIRTY-TWO OF THE
 MENTAL HYGIENE LAW.
   (III) AS USED IN THIS SUBDIVISION, THE TERM "ASSIST" SHALL INCLUDE THE
 PROVISION OF SERVICES WITHIN THE PRACTICE OF MENTAL  HEALTH  COUNSELING,
 MARRIAGE  AND  FAMILY  THERAPY, CREATIVE ARTS THERAPY OR PSYCHOANALYSIS,
 UNDER THE SUPERVISION OF A PERSON LICENSED UNDER THIS ARTICLE.
   (D) Provided, further, that  nothing  in  this  subdivision  shall  be
 construed as requiring a license for any particular activity or function
 based  solely on the fact that the activity or function is not listed in
 this subdivision.
   9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NOTHING
 IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT OR LIMIT  THE  ACTIVITIES
 OR  SERVICES  PROVIDED  BY  ANY  PERSON WHO IS EMPLOYED OR WHO COMMENCES
 EMPLOYMENT IN A PROGRAM  OR  SERVICE  OPERATED,  REGULATED,  FUNDED,  OR
 APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF CHILDREN AND
 FAMILY  SERVICES,  THE  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPER-
 VISION, THE OFFICE OF TEMPORARY AND  DISABILITY  ASSISTANCE,  THE  STATE
 OFFICE  FOR  THE  AGING  AND THE DEPARTMENT OF HEALTH OR A LOCAL GOVERN-
 MENTAL UNIT AS THAT TERM IS DEFINED  IN  SECTION  41.03  OF  THE  MENTAL
 HYGIENE  LAW  OR A SOCIAL SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-
 ONE OF THE SOCIAL SERVICES LAW ON OR BEFORE  JULY  FIRST,  TWO  THOUSAND
 TWENTY.  PROVIDED  HOWEVER,  THAT ANY PERSON WHO COMMENCES EMPLOYMENT IN
 SUCH PROGRAM OR SERVICE  AFTER  JULY  FIRST,  TWO  THOUSAND  TWENTY  AND
 PERFORMS SERVICES THAT ARE RESTRICTED UNDER THIS ARTICLE SHALL BE APPRO-
 PRIATELY LICENSED OR AUTHORIZED UNDER THIS ARTICLE.

 S. 7507--A                         73                         A. 9507--A
 
   § 5. Not later than July 1, 2019 the department of mental hygiene, the
 office  of  children  and  family  services, the office of temporary and
 disability assistance,  the  department  of  corrections  and  community
 supervision, the state office for the aging, or the department of health
 (hereinafter  referred  to  as "agencies") shall individually or collec-
 tively consult with the state education department (hereinafter referred
 to as "department") to develop formal  guidance  for  service  providers
 authorized  to  operate  under  the  respective agencies to identify the
 tasks and functions performed by each agency's  service  provider  work-
 force  categorized as tasks and functions restricted to licensed person-
 nel including tasks and functions that do not require  a  license  under
 articles  153,  154  and  163  of  the education law. Subsequent to such
 consultation, and not later than December 31, 2019, the department shall
 issue guidance to each such agency with respect to each agency's service
 provider workforce. Each agency may issue additional guidance from  time
 to  time,  subject to consultation with the department.  Notwithstanding
 any provision of law to the contrary, no person shall be held liable for
 unauthorized practice of a profession subject to licensure  under  arti-
 cles  153,  154  and  163  of  the  education law if such person acts in
 accordance with such agency  guidance  until  July  1,  2020,  to  allow
 further  consultation  on  guidance  as necessary. Upon issuance by such
 state agency of guidance, the department shall have 180  days  from  the
 date  of the issuance of such guidance to issue a statement of disagree-
 ment with the agency's guidance. If the department has issued  a  state-
 ment  of disagreement, the department and state agency shall engage in a
 collaborative process to gather input from stakeholders to  resolve  the
 issues.
   § 6. Programs and services operated, regulated, funded, or approved by
 the  department  of  mental  hygiene,  the office of children and family
 services, the department of corrections and community  supervision,  the
 office  of temporary and disability assistance, the state office for the
 aging and the department of health or a local governmental unit  as  the
 term  is  defined in section 41.03 of the mental hygiene law or a social
 services district as defined in section 61 of the  social  services  law
 shall  not be required to receive a waiver pursuant to section 6503-a of
 the education law and, further, such programs and services shall also be
 considered to be approved settings for the receipt of supervised experi-
 ence for the professions governed by articles 153, 154 and  163  of  the
 education law.
   §  7.  Subdivision  a  of section 9 of chapter 420 of the laws of 2002
 amending the education law relating to the profession of social work, as
 amended by section 1 of part J of chapter 59 of the  laws  of  2016,  is
 amended to read as follows:
   a.  Nothing  in  this  act  shall  prohibit or limit the activities or
 services on the part of any person in the employ of a program or service
 operated, regulated, funded, or approved by  the  department  of  mental
 hygiene,  the  office  of  children  and  family services, the office of
 temporary and disability assistance, the department of  corrections  and
 community supervision, the state office for the aging, the department of
 health,  or a local governmental unit as that term is defined in article
 41 of the mental hygiene law or a social services district as defined in
 section 61 of the social services law, provided, however,  this  section
 shall  not authorize the use of any title authorized pursuant to article
 154 of the education law, except  that  this  section  shall  be  deemed
 repealed on July 1, [2018] 2020.

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   § 8. Subdivision a of section 17-a of chapter 676 of the laws of 2002,
 amending  the  education  law relating to the practice of psychology, as
 amended by section 2 of part J of chapter 59 of the  laws  of  2016,  is
 amended to read as follows:
   a.  In  relation to activities and services provided under article 153
 of the education law, nothing in this act shall prohibit or  limit  such
 activities  or  services  on  the  part of any person in the employ of a
 program or service operated,  regulated,  funded,  or  approved  by  the
 department  of  mental  hygiene  or  the  office  of children and family
 services, or a local governmental unit as that term is defined in  arti-
 cle  41  of  the  mental  hygiene  law  or a social services district as
 defined in section 61 of the social services law.  In relation to activ-
 ities and services provided under article  163  of  the  education  law,
 nothing  in this act shall prohibit or limit such activities or services
 on the part of any person in the employ of a program  or  service  oper-
 ated,  regulated,  funded,  or  approved  by  the  department  of mental
 hygiene, the office of children and family services, the  department  of
 corrections and community supervision, the office of temporary and disa-
 bility  assistance, the state office for the aging and the department of
 health or a local governmental unit as that term is defined  in  article
 41 of the mental hygiene law or a social services district as defined in
 section  61 of the social services law, pursuant to authority granted by
 law. This section shall not authorize the use of  any  title  authorized
 pursuant to article 153 or 163 of the education law by any such employed
 person,  except  as  otherwise  provided  by such articles respectively.
 This section shall be deemed repealed July 1, [2018] 2020.
   § 9. Section 16 of chapter 130 of  the  laws  of  2010,  amending  the
 education  law  and  other laws relating to the registration of entities
 providing certain professional services and  the  licensure  of  certain
 professions, as amended by section 3 of part J of chapter 59 of the laws
 of 2016, is amended to read as follows:
   §  16.  This act shall take effect immediately; provided that sections
 thirteen, fourteen and fifteen of this act shall take effect immediately
 and shall be deemed to have been in full force and effect on  and  after
 June  1, 2010 and such sections shall be deemed repealed July 1, [2018]
 2020; provided further that the amendments to section 9 of  chapter  420
 of  the  laws of 2002 amending the education law relating to the profes-
 sion of social work made by section thirteen of this act shall repeal on
 the same date as such section repeals; provided further that the  amend-
 ments  to  section  17-a of chapter 676 of the laws of 2002 amending the
 education law relating to the practice of  psychology  made  by  section
 fourteen  of  this  act  shall  repeal  on the same date as such section
 repeals.
   § 10. This act shall take effect immediately.
 
                                  PART Z
 
   Section 1. Subparagraph (vii) of  paragraph  e  of  subdivision  3  of
 section  364-j  of  the social services law, as amended by section 38 of
 part A of chapter 56 of the laws of 2013, is amended to read as follows:
   (vii) a  person  with  a  developmental  or  physical  disability  who
 receives  home  and  community-based  services  or care-at-home services
 through A DEMONSTRATION WAIVER UNDER SECTION ELEVEN HUNDRED  FIFTEEN  OF
 THE FEDERAL SOCIAL SECURITY ACT, existing waivers under section nineteen
 hundred fifteen (c) of the federal social security act, or who has char-
 acteristics and needs similar to such persons;

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   § 2. Clause (x) of subparagraph 1 of paragraph (e) of subdivision 5 of
 section 366 of the social services law, as added by section 26-a of part
 C of chapter 109 of the laws of 2006, is amended to read as follows:
   (x)  "nursing facility services" means nursing care and health related
 services provided in a nursing facility; a level of care provided  in  a
 hospital  which is equivalent to the care which is provided in a nursing
 facility; and care, services or supplies provided pursuant to  a  waiver
 granted pursuant to subsection (c) of section 1915 of the federal social
 security act OR SUCCESSOR FEDERAL WAIVER.
   § 3. Section 366 of the social services law is amended by adding a new
 subdivision 7-c to read as follows:
   7-C.  THE COMMISSIONER OF HEALTH IN CONSULTATION WITH THE COMMISSIONER
 OF DEVELOPMENTAL DISABILITIES IS AUTHORIZED TO  SUBMIT  THE  APPROPRIATE
 WAIVERS,  INCLUDING,  BUT  NOT  LIMITED TO, THOSE AUTHORIZED PURSUANT TO
 SECTION ELEVEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL  SECURITY  ACT,  IN
 ORDER  TO  ACHIEVE  THE PURPOSES OF HIGH-QUALITY AND INTEGRATED CARE AND
 SERVICES FOR A POPULATION OF PERSONS WITH DEVELOPMENTAL DISABILITIES, AS
 SUCH TERM IS DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE LAW.
   § 4. Paragraph (a) of subdivision 2 of section  366-c  of  the  social
 services  law,  as  amended by section 68 of part A of chapter 56 of the
 laws of 2013, is amended to read as follows:
   (a) For purposes of this section an "institutionalized  spouse"  is  a
 person  (i)  who  is  in  a  medical institution or nursing facility and
 expected to remain in such facility or institution for at  least  thirty
 consecutive  days;  or (ii) who is receiving care, services and supplies
 pursuant to a waiver pursuant to  subsection  (c)  of  section  nineteen
 hundred fifteen of the federal social security act, OR SUCCESSOR TO SUCH
 WAIVER,  or  is receiving care, services and supplies in a managed long-
 term care plan pursuant to section eleven hundred fifteen of the  social
 security  act;  and  (iii)  who  is  married to a person who is not in a
 medical institution or nursing  facility  or  is  not  receiving  waiver
 services  described  in  subparagraph  (ii) of this paragraph; provided,
 however, that medical assistance shall be  furnished  pursuant  to  this
 paragraph only if, for so long as, and to the extent that federal finan-
 cial  participation  is available therefor.   The commissioner of health
 shall make any amendments to the state plan for medical  assistance,  or
 apply  for  any waiver or approval under the federal social security act
 that are necessary to carry out the provisions of this paragraph.
   § 5. The closing paragraph of subdivision 4 of section  366-c  of  the
 social services law, as amended by section 42 of part D of chapter 58 of
 the laws of 2009, is amended to read as follows:
 provided,  however,  that,  to  the  extent required by federal law, the
 terms of this subdivision shall not apply to persons who  are  receiving
 care,  services  and  supplies  pursuant  to the following waivers under
 section 1915(c) of the federal social security act: the nursing facility
 transition and diversion waiver authorized pursuant to subdivision six-a
 of section three hundred sixty-six of this title;  the  traumatic  brain
 injury  waiver authorized pursuant to section twenty-seven hundred forty
 of the public health law, the long term home health care program  waiver
 authorized  pursuant  to  section  three  hundred  sixty-seven-c of this
 title, and the home and community based services waiver for persons with
 developmental disabilities, OR SUCCESSOR TO SUCH WAIVER, administered by
 the office [of mental retardation and]  FOR  PEOPLE  WITH  developmental
 disabilities pursuant to an agreement with the federal centers for medi-
 care and Medicaid services.

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   §  6.  Paragraph  4  of subdivision (a) of section 16.03 of the mental
 hygiene law, as added by section 6 of part MM of chapter 58 of the  laws
 of 2015, is amended to read as follows:
   (4)  The provision of home and community based services approved under
 a waiver program authorized pursuant to SECTION ELEVEN  HUNDRED  FIFTEEN
 OF  THE  FEDERAL SOCIAL SECURITY ACT OR 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, provided that an operating certificate issued pursuant to
 this paragraph shall only authorize services  in  a  home  or  community
 setting.
   §  7.  Paragraph  2  of subdivision (a) of section 16.11 of the mental
 hygiene law, as added by section 10 of part MM of chapter 58 of the laws
 of 2015, is amended to read as follows:
   (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, OR
 OTHER SUCCESSOR MEDICAID WAIVER PROGRAM, and  applicable  federal  regu-
 lation,  subdivisions  seven and seven-a of section three hundred sixty-
 six of the social services law and rules and regulations adopted by  the
 commissioner.
   §  8.  Subdivision  (b) of section 80.03 of the mental hygiene law, as
 amended by chapter 37 of the  laws  of  2011,  is  amended  to  read  as
 follows:
   (b)  "A  patient in need of surrogate decision-making" means a patient
 as defined in subdivision twenty-three of section 1.03 of  this  chapter
 who  is: a resident of a mental hygiene facility including a resident of
 housing programs funded by an office of the department or whose  federal
 funding  application  was approved by an office of the department or for
 whom such  facility  maintains  legal  admission  status  therefor;  or,
 receiving  home  and  community-based  services  for persons with mental
 disabilities provided pursuant to section 1915 OR 1115  of  the  federal
 social  security  act; or receiving individualized support services; or,
 case management or service coordination funded, approved, or provided by
 the office for people with developmental  disabilities;  and,  for  whom
 major medical treatment is proposed, and who is determined by the surro-
 gate  decision-making  committee  to  lack  the ability to consent to or
 refuse such treatment, but shall not  include  minors  with  parents  or
 persons with legal guardians, committees or conservators who are legally
 authorized,  available  and  willing to make such health care decisions.
 Once a person is eligible for surrogate decision-making, such person may
 continue to receive surrogate  decision-making  as  authorized  by  this
 section regardless of a change in residential status.
   § 9. Subdivision 1-a of section 84 of part A of chapter 56 of the laws
 of  2013,  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 2013-2014 state fiscal year, is
 amended to read as follows:
   [1-a.  sections  seventy-three  through  eighty-a  shall expire and be
 deemed repealed September 30, 2019]
   § 10. Paragraph (a-1) of subdivision 8 of section 4403 of  the  public
 health law, as amended by chapter 474 of the laws of 2015, is amended to
 read as follows:
   (a-1)  If  the  commissioner  and  the  commissioner of the office for
 people with developmental disabilities determine that such  organization

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 lacks  the experience required in paragraph (a) of this subdivision, the
 organization shall have an affiliation arrangement  with  an  entity  or
 entities that are CONTROLLED BY non-profit ORGANIZATIONS with experience
 serving  persons  with  developmental  disabilities,  AS DEMONSTRATED BY
 CRITERIA TO BE DETERMINED BY THE COMMISSIONER AND  THE  COMMISSIONER  OF
 THE  OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, WITH SUCH CRITE-
 RIA including, but not limited  to,  residential,  day,  and  employment
 services  such  that  the  affiliated  entity  will  coordinate and plan
 services operated, certified, funded,  authorized  or  approved  by  the
 office  for  people  with developmental disabilities or will oversee and
 approve such coordination and planning;
   § 11. 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 20 of part D of chapter 57
 of the laws of 2015, is amended to read as follows:
   §  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, [2019] 2024 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.
   §  12.  Paragraph  (a-1)  of  subdivision  12 of section 4403-f of the
 public health law, as amended by chapter 474 of the  laws  of  2015,  is
 amended to read as follows:
   (a-1)  If  the  commissioner  and  the  commissioner of the office for
 people with developmental disabilities determine that  such  plan  lacks
 the  experience  required in paragraph (a) of this subdivision, the plan
 shall have an affiliation arrangement with an entity  or  entities  that
 are  CONTROLLED  BY  non-profit  ORGANIZATIONS  with  experience serving
 persons with developmental disabilities, AS DEMONSTRATED BY CRITERIA  TO
 BE DETERMINED BY THE COMMISSIONER AND THE COMMISSIONER OF THE OFFICE FOR
 PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES, WITH SUCH CRITERIA including,
 but not limited to, residential, day and employment services, such  that
 the affiliated entity will coordinate and plan services operated, certi-
 fied,  funded,  authorized  or  approved  by  the office for people with
 developmental disabilities or will oversee and approve such coordination
 and planning;
   § 13. Paragraph (d) of subdivision 1 of section 4403-g of  the  public
 health  law,  as added by section 73 of part A of chapter 56 of the laws
 of 2013, is amended to read as follows:
   (d) "Health and long term care services"  means  COMPREHENSIVE  HEALTH
 services  AND  OTHER  SERVICES AS DETERMINED BY THE COMMISSIONER AND THE
 COMMISSIONER OF THE OFFICE FOR PEOPLE WITH  DEVELOPMENTAL  DISABILITIES,
 whether  provided by state-operated programs or not-for-profit entities,
 including, but not limited to, habilitation services, home and  communi-
 ty-based  and  institution-based  long term care services, and ancillary
 services, that shall include medical supplies  and  nutritional  supple-
 ments,  that are necessary to meet the needs of persons whom the plan is
 authorized to enroll[, and may include primary care and  acute  care  if

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 the  DISCO is authorized to provide or arrange for such services].  Each
 person enrolled in a DISCO shall  receive  health  and  long  term  care
 services  designed  to  achieve person-centered outcomes, to enable that
 person  to  live  in  the  most  integrated  setting appropriate to that
 person's needs, and to enable that person to interact  with  nondisabled
 persons  to  the  fullest extent possible in social, workplace and other
 community settings, provided that all such services are consistent  with
 such  person's  wishes  to  the extent that such wishes are known and in
 accordance with such person's needs.
   § 14. Paragraph (b) of subdivision 3 of section 4403-g of  the  public
 health  law,  as added by section 73 of part A of chapter 56 of the laws
 of 2013, is amended to read as follows:
   (b) A description of the services to be covered by such  DISCO,  WHICH
 MUST INCLUDE ALL HEALTH AND LONG TERM CARE SERVICES, AS DEFINED IN PARA-
 GRAPH  (D)  OF  SUBDIVISION  ONE  OF THIS SECTION, AND OTHER SERVICES AS
 DETERMINED BY THE COMMISSIONER AND THE COMMISSIONER OF  THE  OFFICE  FOR
 PEOPLE WITH DEVELOPMENTAL DISABILITIES;
   §  15.  Paragraph (j) of subdivision 4 of section 4403-g of the public
 health law, as added by section 73 of part A of chapter 56 of  the  laws
 of 2013, is amended to read as follows:
   (j)  Readiness and capability [to arrange and manage covered services]
 OF ORGANIZING, MARKETING, MANAGING, PROMOTING AND OPERATING A HEALTH AND
 LONG TERM CARE SERVICES PLAN, OR HAS AN AFFILIATION  AGREEMENT  WITH  AN
 ENTITY THAT HAS SUCH READINESS AND CAPABILITY;
   §  16.  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 17 of
 part D of chapter 57 of the laws of 2015, 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, [2019] 2024 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;
   §  17.  Subdivision (c) of section 13.40 of the mental hygiene law, as
 added by section 72-b of part A of chapter 56 of the laws  of  2013,  is
 amended to read as follows:
   (c)  No  person  with  a  developmental disability who is receiving or
 applying for medical assistance and who is  receiving,  or  eligible  to
 receive, services operated, funded, certified, authorized or approved by
 the office, shall be required to enroll in a DISCO, HMO or MLTC in order
 to  receive such services until program features and reimbursement rates
 are approved by the commissioner and the  commissioner  of  health,  and
 until  such  commissioners  determine  that a sufficient number of plans
 that are authorized to coordinate care for individuals pursuant to  this
 section  or  that  are  authorized  to operate and to exclusively enroll
 persons with developmental disabilities pursuant to subdivision  twenty-
 seven  of  section three hundred sixty-four-j of the social services law
 are operating in such person's county of residence to meet the needs  of
 persons with developmental disabilities, and that such entities meet the
 standards  of  this  section. No person shall be required to enroll in a
 DISCO, HMO or MLTC in order to receive services operated, funded, certi-
 fied, authorized or approved by the office until there are at least  two
 entities  operating  under this section in such person's county of resi-
 dence, unless federal approval is secured  to  require  enrollment  when

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 there are less than two such entities operating in such county. NOTWITH-
 STANDING THE FOREGOING OR ANY OTHER LAW TO THE CONTRARY, ANY HEALTH CARE
 PROVIDER: (I) ENROLLED IN THE MEDICAID PROGRAM AND (II) RENDERING HOSPI-
 TAL  SERVICES,  AS  SUCH TERM IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED
 ONE OF THE PUBLIC HEALTH LAW, TO  AN  INDIVIDUAL  WITH  A  DEVELOPMENTAL
 DISABILITY  WHO IS ENROLLED IN A DISCO, HMO OR MLTC, OR A PREPAID HEALTH
 SERVICES PLAN OPERATING PURSUANT TO SECTION FORTY-FOUR  HUNDRED  THREE-A
 OF  THE  PUBLIC HEALTH LAW, INCLUDING, BUT NOT LIMITED TO, AN INDIVIDUAL
 WHO IS ENROLLED IN A PLAN AUTHORIZED BY  SECTION  THREE  HUNDRED  SIXTY-
 FOUR-J  OR  THE  SOCIAL SERVICES LAW, SHALL ACCEPT AS FULL REIMBURSEMENT
 THE NEGOTIATED RATE OR, IN THE EVENT THAT THERE IS NO  NEGOTIATED  RATE,
 THE  RATE  OF PAYMENT THAT THE APPLICABLE GOVERNMENT AGENCY WOULD OTHER-
 WISE PAY FOR SUCH RENDERED HOSPITAL SERVICES.
   § 18. Section 11 of chapter 710 of the  laws  of  1988,  amending  the
 social services law and the education law relating to medical assistance
 eligibility  of  certain  persons and providing for managed medical care
 demonstration programs, as amended by section 1 of part F of chapter  73
 of the laws of 2016, is amended to read as follows:
   §  11.  This  act  shall  take  effect  immediately;  except  that the
 provisions of sections one, two, three, four, eight and ten of this  act
 shall take effect on the ninetieth day after it shall have become a law;
 and  except  that the provisions of sections five, six and seven of this
 act shall take effect January 1, 1989; and except that  effective  imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary  for  the implementation of this act on its effective date are
 authorized and directed to be made  and  completed  on  or  before  such
 effective  date; provided, however, that the provisions of section 364-j
 of the social services law, as added by section one of  this  act  shall
 expire  and  be  deemed repealed on and after March 31, [2019] 2024, the
 provisions of section 364-k of the social  services  law,  as  added  by
 section  two  of  this act, except subdivision 10 of such section, shall
 expire and be deemed repealed on and after  January  1,  1994,  and  the
 provisions  of  subdivision  10  of section 364-k of the social services
 law, as added by section two of this act, shall  expire  and  be  deemed
 repealed on January 1, 1995.
   §  19. This act shall take effect immediately; provided, however, that
 the amendments to subparagraph (vii) of paragraph e of subdivision 3  of
 section 364-j of the social services law made by section one of this act
 shall not affect the repeal of such section and shall be deemed repealed
 therewith; provided further, however, that the amendments to subdivision
 4  of  section  366-c of the social services law made by section five of
 this act shall not affect the expiration of such subdivision  and  shall
 be  deemed  to  expire  therewith;  provided  further, however, that the
 amendments to paragraph (a-1) of subdivision 12 of section 4403-f of the
 public health law made by section twelve of this act  shall  not  affect
 the repeal of such section and shall be deemed to be repealed therewith.
 
                                  PART AA
 
   Section  1. Subdivisions 3-b and 3-c of section 1 of part C of chapter
 57 of the laws of 2006,  relating  to  establishing  a  cost  of  living
 adjustment for designated human services programs, as amended by section
 1  of  part  Q of chapter 57 of the laws of 2017, are amended to read as
 follows:
   3-b. Notwithstanding any  inconsistent  provision  of  law,  beginning
 April  1, 2009 and ending March 31, 2016 and beginning April 1, 2017 and

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 ending March 31, [2018] 2019, the commissioners shall not include a COLA
 for the purpose of establishing rates  of  payments,  contracts  or  any
 other  form  of  reimbursement,  provided  that the commissioners of the
 office  for people with developmental disabilities, the office of mental
 health, and the office of alcoholism and substance abuse services  shall
 not include a COLA beginning April 1, 2017 and ending March 31, 2019.
   3-c.  Notwithstanding  any  inconsistent  provision  of law, beginning
 April 1, [2018] 2019 and ending March 31, [2021] 2022, the commissioners
 shall develop the COLA under this section using the actual U.S. consumer
 price index for all urban consumers  (CPI-U)  published  by  the  United
 States  department  of  labor, bureau of labor statistics for the twelve
 month period ending in July of the  budget  year  prior  to  such  state
 fiscal  year,  for  the  purpose  of  establishing  rates  of  payments,
 contracts or any other form of reimbursement.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2018; provided,
 however, that the amendments to section 1 of part C of chapter 57 of the
 laws of 2006 made by section one of this act shall not affect the repeal
 of such section and shall be deemed repealed therewith.

                                  PART BB
 
   Section  1. Section 3302 of the public health law is amended by adding
 a new subdivision 44 to read as follows:
   44. "CONTROLLED SUBSTANCE ANALOG" MEANS
   (A) A CAPSULE, LIQUID, PILL, POWDER, PRODUCT, SPRAY, TABLET  OR  OTHER
 SUBSTANCE, HOWEVER CONSTITUTED:
   (I) THE CHEMICAL STRUCTURE OF WHICH IS DERIVATIVE OF, OR SUBSTANTIALLY
 SIMILAR TO, THE CHEMICAL STRUCTURE OF A CONTROLLED SUBSTANCE; OR
   (II)  WHICH  HAS  A STIMULANT, DEPRESSANT, OR HALLUCINOGENIC EFFECT ON
 THE CENTRAL NERVOUS SYSTEM THAT IS SUBSTANTIALLY SIMILAR TO  OR  GREATER
 THAN  THE STIMULANT, DEPRESSANT, OR HALLUCINOGENIC EFFECT ON THE CENTRAL
 NERVOUS SYSTEM OF A CONTROLLED SUBSTANCE; OR
   (III) WITH RESPECT TO A PARTICULAR PERSON, WHICH SUCH  PERSON  REPRES-
 ENTS  OR  INTENDS  TO  HAVE THE STIMULANT, DEPRESSANT, OR HALLUCINOGENIC
 EFFECT ON THE CENTRAL NERVOUS SYSTEM OF A CONTROLLED SUBSTANCE.
   (B) "CONTROLLED SUBSTANCE ANALOG" DOES NOT INCLUDE:
   (I) A CONTROLLED SUBSTANCE;
   (II) ANY SUBSTANCE FOR WHICH THERE IS AN APPROVED  NEW  DRUG  APPLICA-
 TION;
   (III)  WITH  RESPECT  TO  A  PARTICULAR  PERSON,  ANY SUBSTANCE, IF AN
 EXEMPTION IS IN EFFECT FOR INVESTIGATIONAL USE, FOR THAT  PERSON,  UNDER
 21  USCA  § 355, TO THE EXTENT THE CONDUCT WITH RESPECT TO THE SUBSTANCE
 IS PURSUANT TO SUCH EXEMPTION; OR
   (IV)  ANY  COMPOUND,  MIXTURE,  OR  PREPARATION  THAT   CONTAINS   ANY
 CONTROLLED  SUBSTANCE  OR  CONTROLLED  SUBSTANCE  ANALOG THAT IS NOT FOR
 ADMINISTRATION TO A HUMAN BEING OR ANIMAL, AND THAT IS PACKAGED IN  SUCH
 A  FORM OR CONCENTRATION, OR WITH ADULTERANTS OR DENATURANTS, SO THAT AS
 PACKAGED IT DOES NOT PRESENT ANY SIGNIFICANT POTENTIAL FOR ABUSE.
   (C) CONTROLLED SUBSTANCE ANALOG TREATED AS A SCHEDULE I  SUBSTANCE.  A
 CONTROLLED SUBSTANCE ANALOG MUST BE TREATED, FOR THE PURPOSES OF ANY NEW
 YORK  STATE STATUTE OR REGULATION, AS A SUBSTANCE INCLUDED IN SCHEDULE I
 OF SECTION THIRTY-THREE HUNDRED SIX OF THIS ARTICLE.
   § 2. Subdivision (a) of schedule I  of  section  3306  of  the  public
 health  law,  as added by chapter 664 of the laws of 1985, is amended to
 read as follows:

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   (a) Schedule I shall consist of the drugs  and  other  substances,  by
 whatever  official  name,  common or usual name, chemical name, or brand
 name designated,  listed  in  this  section,  AND  CONTROLLED  SUBSTANCE
 ANALOGS  AS  DEFINED  BY  SUBDIVISION FORTY-FOUR OF SECTION THIRTY-THREE
 HUNDRED TWO OF THIS ARTICLE.
   §  3.  Subdivision 5 of section 220.00 of the penal law, as amended by
 chapter 537 of the laws of 1998, is amended to read as follows:
   5. "Controlled substance" means any substance listed  in  schedule  I,
 II,  III,  IV  or  V  of  section thirty-three hundred six of the public
 health law other than marihuana, but including concentrated cannabis  as
 defined  in  paragraph  (a)  of subdivision four of section thirty-three
 hundred two of such law, AND INCLUDING CONTROLLED SUBSTANCE  ANALOGS  AS
 DEFINED IN SUBDIVISION FORTY-FOUR OF SECTION THIRTY-THREE HUNDRED TWO OF
 SUCH LAW.
   §  4.  Subdivision  (b)  of  schedule  I of section 3306 of the public
 health law is amended by adding nineteen new paragraphs 56, 57, 58,  59,
 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73 and 74 to read as
 follows:
   (56) 3,4-DICHLORO-N-{(1-DIMETHYLAMINO)     CYCLOHEXYLMETHYL}BENZAMIDE.
 SOME TRADE OR OTHER NAMES: AH-7921.
   (57) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLACETAMIDE  (ACETYL   FENTA-
 NYL).
   (58) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLBUTYRAMIDE  (BUTYRYL FENTA-
 NYL).
   (59) N-{1-{2-HYDROXY-2-(THIOPHEN-2-YL)ETHYL}PIPERIDIN-4-YL}-N-PHENYL-
 PROPIONAMIDE (BETA-HYDROXYTHIOFENTANYL).
   (60) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLFURAN-2-CARBOXAMIDE  (FURA-
 NYL FENTANYL).
   (61) U-47700(3,4-DICHLORO-N-{2-(DIMETHYLAMINIO)CYCLOHEXYL}-N-  METHYL-
 BENZAMIDE).
   (62) N-PHENYL-N-{1-(2-PHENYLETHYL)PIPERIDIN-4-YL}PROP-2-ENAMIDE (ACRYL
 FENTANYL   OR   ACRYLOYLFANTANYL).   SOME   TRADE   OR   OTHER    NAMES:
 N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLACRYLAMIDE;      N-PHENYL-N-{1-(2-
 PHENYLETHYL)-4-PIPERIDINYL}-2-PROPENAMIDE.
   (63) N-(4-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ISOBUTYRAMIDE.
 OTHER NAMES: 4-FLUOROISOBUTYRYL FENTANYL,  PARA-FLUOROISOBUTYRYL  FENTA-
 NYL).
   (64) N-(2-FLUOROPHENYL)-N-(1-PHENELTHYLPIPERIDIN-4-YL)PROPIONAMIDE(ORT-
 HO-FLUOROFENTANYL OR 2-FLUOROFENTANYL).
   (65) N-(1-PHENELTHYLPIPERIDIN-4-YL)-N-PHENYLTETRAHYDROFURAN-2-CARBOXAMI-
 DE(TETRAHYDROFURANYL FENTANYL).
   (66) 2-METHOXY-N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLACETAMIDE(METHOXY-
 ACETYL FENTANYL).
   (67) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLCYCLOPROPANECARBOXAMIDE.
 SOME TRADE OR OTHER NAMES: CYCLOPROPYL FENTANYL.
   (68) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLPENTAMIDE.  SOME  TRADE  OR
 OTHER NAMES: VALERYL FENTANYL.
   (69) N-(4-FLUROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)BUTYRAMIDE.   SOME
 TRADE OR OTHER NAMES: PARA-FLUOROBUTYRYL FENTANYL.
   (70) N-(4-METHOXYPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)BUTYRAMIDE. SOME
 TRADE OR OTHER NAMES: PARA-METHOXYBUTYRYL FENTANYL.
   (71) N-(4-CHLOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ISOBUTYRAMIDE.
 SOME TRADE OR OTHER NAMES: PARA-CHLORISOBUTYRYL FENTANYL.
   (72) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLISOBUTYRAMIDE.  SOME  TRADE
 OR OTHER NAMES: ISOBUTYRYL FENTANYL.

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   (73) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLCYCLOPENTANECARBOXAMIDE.
 SOME TRADE OR OTHER NAMES: CYCLOPENTYL FENTANYL.
   (74) N-(2-FLUROPHENYL)-2-METHOXY-N-(1-PHENETHYLPIPERIDIN-4-YL)ACETAMIDE.
 SOME TRADE OR OTHER NAMES: OCFENTANIL.
   §  5.  Subdivision  (d)  of  schedule  I of section 3306 of the public
 health law is amended by adding thirty-six new paragraphs  36,  37,  38,
 39,  40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56,
 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70 and 71 to read as
 follows:
   (36) 5-METHOXY-N,N-DIMETHYLTRYPTAMINE.
   (37) ALPHA-METHYLTRYPTAMINE. SOME TRADE OR OTHER NAMES: AMT.
   (38) 5-METHOXY-N,N-DIISOPROPYLTRYPTAMINE. SOME TRADE OR  OTHER  NAMES:
 5-MEO-DIPT.
   (39) 5-(1.1-DIMETHYLHEPTYL)-2-{(1R,3S)-3-HYDROXYCYCLOHEXYL}-PHENO1.
 SOME TRADE OR OTHER NAMES: CP-47,497.
   (40) 5-(1,1-DIMETHYLOCTYL)-2-{(1R,3S)-3-HYDROXYCYCLOHEXYL}-PHENOL.
 SOME TRADE OR OTHER NAMES: CANNABICYCLOHEXANOL OR CP-47,497 C8-HOMOLOG.
   (41) 1-PENTYL-3-(1-NAPHTHOYL)INDOLE.   SOME   TRADE  OF  OTHER  NAMES:
 JWH-018 AND AM678.
   (42) 1-BUTYL-3-(1-NAPHTHOYL)INDOLE.  SOME  TRADE   OF   OTHER   NAMES:
 JWH-073.
   (43) 1-HEXYL-3-(1-NAPHTHOYL)INDOLE.   SOME   TRADE   OF  OTHER  NAMES:
 JWH-019.
   (44) 1-{2-(4-MORPHOLINYL)ETHYL}-3-(1-NAPHTHOYL)INDOLE. SOME  TRADE  OR
 OTHER NAMES: JWH-200.
   (45) 1-PENTYL-3-(2-METHOXYPHENYLACETYL)INDOLE.  SOME  TRADE  OR  OTHER
 NAMES: JWH-250.
   (46) 1-PENTYL-3-{1-(4-METHOXYNAPHTHOYL)}INDOLE. SOME  TRADE  OR  OTHER
 NAMES: JWH-081.
   (47) 1-PENTYL-3-(4-METHYL-1-NAPHTHOYL)INDOLE.   SOME  TRADE  OR  OTHER
 NAMES: JWH-122.
   (48) 1-PENTYL-3-(4-CHLORO-1-NAPHTHOYL)INDOLE.  SOME  TRADE  OR   OTHER
 NAMES: JWH-398.
   (49) 1-(5-FLUOROPENTYL)-3-(1-NAPHTHOYL)INDOLE.  SOME  TRADE  OR  OTHER
 NAMES: AM2201.
   (50) 1-(5-FLUOROPENTYL)-3-(2-IODOBENZOYL)INDOLE. SOME TRADE  OR  OTHER
 NAMES: AM694.
   (51) 1-PENTYL-3-{(4-METHOXY)-BENZOYL}INDOLE.  SOME  TRADE  OR OR OTHER
 NAMES: SR-19 AND RCS-4.
   (52) 1-CYCLOHEXYLETHYL-3-(2-METHOXYPHENYLACETYL)INDOLE. SOME TRADE  OR
 OTHER NAMES: SR-18 AND RCS-8.
   (53) 1-PENTYL-3-(2-CHLOROPHENYLACETYL)  INDOLE.  SOME  TRADE  OR OTHER
 NAMES:  JWH-203.
   (54) (1-PENTYL-1H-INDOL-3-YL)(2,2,3,3-TETRAMETHYLCYCLOPROPYL)   METHA-
 NONE.  SOME TRADE OR OTHER NAMES: UR-144.
   (55) {1-(5-FLUORO-PENTYL)-1H-INDOL-3-YL}(2,2,3,3-TETRAMETHYLCYCLOPROP-
 YL) METHANONE. SOME TRADE NAMES OR OTHER NAMES: 5-FLUORO-UR-144, XLR11.
   (56) N-(1-ADAMANTYL)-1-PENTYL-1H-INDAZOLE-3-CARBOXAMIDE. SOME TRADE OR
 OTHER NAMES: APINACA, AKB48.
   (57) QUINOLIN-8-YL  1-PENTYL-1H-INDOLE-3-CARBOXYLATE.  SOME  TRADE  OR
 OTHER NAMES: PB-22; QUPIC.
   (58) QUINOLIN-8-YL  1-(5-FLUOROPENTYL)-1H-INDOLE-3-CARBOXYLATE.   SOME
 TRADE OR OTHER NAMES: 5-FLUORO-PB-22; 5F-PB-22.
   (59) N-(1-AMINO-3-METHYL-1-OXOBUTAN-2-YL)-1-(4-FLUOROBENZYL)-1H-INDAZO-
 LE-3-CARBOXAMIDE. SOME TRADE OR OTHER NAMES: AB-FUBINACA.

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   (60) N-(1-AMINO-3,3-DIMETHYL-1-OXOBUTAN-2-YL)-1-PENTYL-1H-
 INDAZOLE-3-CARBOXAMIDE. SOME TRADE OR OTHER NAMES: ADB-PINACA.
   (61) N-(1-AMINO-3-METHYL-1-OXOBUTAN-2-YL)-1-(CYCLOHEXYLMETHYL)-1H-
 INDAZOLE-3-CARBOXAMIDE. SOME TRADE OR OTHER NAMES: AB-CHMINACA.
   (62) N-(1-AMINO-3-METHYL-1-OXOBUTAN-2-YL)-1-PENTYL-1H-INDAZOLE- 3-CAR-
 BOXAMIDE. SOME TRADE OR OTHER NAMES: AB-PINACA.
   (63) {1-(5-FLUOROPENTYL)-1H-INDAZOL-3-YL}(NAPHTHALEN-1-Y1)METHANONE.
 SOME TRADE OR OTHER NAMES: THJ-2201.
   (64) N-(1-AMINO-3,3-DIMETHYL-1-OXOBUTAN-2-Y1)-1-(CYCLOHEXYLMETHYL)-1H-
 INDAZOLE-3-CARBOXAMIDE.  SOME  TRADE  OR  OTHER  NAMES:    MAB-CHMINACA;
 ADB-CHMINACA.
   (65) METHYL 2-(1-(5-FLUOROPENTYL)-1H-INDAZOLE-3-CARBOXAMIDO)-3,  3-DI-
 METHYLBUTANOATE. SOME TRADE OR OTHER NAMES: 5F-ADB; 5F-MDMB-PINACA.
   (66) METHYL 2-(1-(5-FLUOROPENTYL)-1H-INDAZOLE-3- CARBOXAMIDO-3-METHYL-
 BUTANOATE. SOME TRADE OR OTHER NAMES: 5F-AMB.
   (67) N-(ADAMANTAN-1-YL)-1-(5-FLUOROPENTYL)-1H-INDAZOLE-3-CARBOXAMIDE.
 SOME TRADE OR OTHER NAMES: 5F-APINACA, 5F-AKB48.
   (68) N-(1-AMINO-3,3-DIMETHYL-1-OXOBUTAN-2-YL)-1-(4-FLUOROBENZYL)-1H-IN-
 DAZOLE-3-CARBOXAMIDE.  SOME TRADE OR OTHER NAMES: ADB-FUBINACA.
   (69) METHYL 2-(1-CYCLOHEXLMETHYL)-1H-INDOLE-3-CARBOXAMIDO)-3,3-DIMETH-
 YLBUTANOATE. SOME TRADE OR OTHER NAMES: MDMB-CHMICA, MMB-CHMINACA.
   (70) METHYL 2-(1-(4-FLUOROBENZYL)-1H-INDAZOLE-3-CARBOXAMIDO)-3,3-DIMET-
 HYLBUTANOATE. SOME TRADE OR OTHER NAMES: MDMB-FUBINACA.
   (71) METHYL-2(1-(4-FLUROBENZYL)-1H-INDAZOLE-3-CARBOXAMIDO)-3-METHYLBUT-
 ANOATE. SOME TRADE OR OTHER NAMES: FUB-AMB, MMB-FUBINACA, AMB-FUBINACA.
   §  6. Section 3308 of the public health law is amended by adding a new
 subdivision 7 to read as follows:
   7. THE COMMISSIONER MAY, BY  REGULATION,  CLASSIFY  AS  A  SCHEDULE  I
 CONTROLLED  SUBSTANCE  IN SECTION THIRTY-THREE HUNDRED SIX OF THIS TITLE
 ANY SUBSTANCE LISTED AS AN OPIATE, A HALLUCINOGENIC SUBSTANCE, A  CANNA-
 BIMIMETIC  AGENT  OR  A  FENTANYL-RELATED SUBSTANCE IN SCHEDULE I OF THE
 FEDERAL SCHEDULES OF CONTROLLED SUBSTANCES IN 21  USC  §812  OR  21  CFR
 §1308.11(B), (D), (G), (H) OR (I).
   §  7.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART CC

   Section 1. Subdivision 28 of section 6530 of  the  education  law,  as
 added by chapter 606 of the laws of 1991, is amended to read as follows:
   28.  Failing  to  respond within [thirty] TEN days to written communi-
 cations from the department of health and to make available any relevant
 records with respect to an inquiry or  complaint  about  the  licensee's
 professional  misconduct. The period of [thirty] TEN days shall commence
 on the date when such communication  was  delivered  personally  to  the
 licensee.  If the communication is sent from the department of health by
 registered or certified mail, with  return  receipt  requested,  to  the
 address  appearing  in the last registration, the period of [thirty] TEN
 days shall commence on the date of delivery to the  licensee,  as  indi-
 cated by the return receipt;
   § 2. Subdivision 4 of section 206 of the public health law, as amended
 by chapter 602 of the laws of 2007, is amended to read as follows:
   4. The commissioner may:
   (a)  issue  subpoenas,  compel  the attendance of witnesses and compel
 them to testify in any matter or proceeding before  him,  and  may  also

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 require  a  witness  to  attend  and give testimony in a county where he
 resides or has a place of business without the payment of any fees;
   (b)  REQUIRE, IN WRITING, THE PRODUCTION OF ANY AND ALL RELEVANT DOCU-
 MENTS IN THE POSSESSION OR CONTROL OF AN INDIVIDUAL OR ENTITY SUBJECT TO
 AN INVESTIGATION OR INQUIRY UNDER THIS CHAPTER. UNLESS A SHORTER  PERIOD
 IS  SPECIFIED  IN  SUCH  WRITING,  AS  DETERMINED  FOR GOOD CAUSE BY THE
 COMMISSIONER, THE REQUIRED DOCUMENTS SHALL BE PRODUCED NO LATER THAN TEN
 DAYS AFTER THE DELIVERY OF THE WRITING. FAILURE BY THE SUBJECT  INDIVID-
 UAL OR ENTITY TO PRODUCE TO THE DEPARTMENT THE REQUIRED DOCUMENTS WITHIN
 THE  TEN DAY OR OTHERWISE SPECIFIED PERIOD SHALL BE A VIOLATION OR FAIL-
 URE WITHIN THE MEANING OF PARAGRAPH (D) OF THIS SUBDIVISION. EACH  ADDI-
 TIONAL DAY OF NON-PRODUCTION SHALL BE A SEPARATE VIOLATION OR FAILURE;
   (C)  annul  or  modify  an order, regulation, by-law or ordinance of a
 local board of health concerning a matter which in his judgment  affects
 the  public  health  beyond the territory over which such local board of
 health has jurisdiction;
   [(c)] (D) assess any penalty prescribed for a violation of or a  fail-
 ure  to  comply  with  any  term  or provision of this chapter or of any
 lawful notice, order or regulation pursuant thereto, not  exceeding  two
 thousand  dollars for every such violation or failure, which penalty may
 be assessed after a hearing or an opportunity to be heard;
   [(d)] (E) assess civil penalties against a public water  system  which
 provides  water  to  the  public  for human consumption through pipes or
 other constructed conveyances, as further defined in the state  sanitary
 code  or,  in  the  case  of  mass  gatherings,  the person who holds or
 promotes the mass gathering as defined in subdivision  five  of  section
 two  hundred twenty-five of this article not to exceed twenty-five thou-
 sand dollars per day, for each violation of or failure  to  comply  with
 any term or provision of the state sanitary code as it relates to public
 water  systems  that serve a population of five thousand or more persons
 or any mass gatherings, which penalty may be assessed after a hearing or
 an opportunity to be heard[.]; AND
   (F) SEEK TO OBTAIN A WARRANT BASED ON PROBABLE CAUSE FROM  A  JUDICIAL
 OFFICER  AUTHORIZED  TO  ISSUE  A  WARRANT.  SUCH WARRANT AUTHORIZES THE
 COMMISSIONER AND ANY PERSON AUTHORIZED BY HIM TO HAVE THE  AUTHORITY  TO
 SEARCH  ALL GROUNDS, ERECTIONS, VEHICLES, STRUCTURES, APARTMENTS, BUILD-
 INGS, PLACES AND THE CONTENTS THEREIN AND TO SEIZE ANY  BOOKS,  RECORDS,
 PAPERS,  DOCUMENTS,  COMPUTERS,  ELECTRONIC  DEVICES  AND OTHER PHYSICAL
 OBJECTS.
   § 3. Paragraph (b) of subdivision 12 of  section  230  of  the  public
 health law, as amended by chapter 599 of the laws of 1996, is amended to
 read as follows:
   (b)  When  a licensee has pleaded or been found guilty or convicted of
 committing an act constituting a felony under  New  York  state  law  or
 federal  law,  or  the  law  of another jurisdiction which, if committed
 within this state, would have constituted a felony under New York  state
 law,  OR WHEN A LICENSEE HAS BEEN CHARGED WITH COMMITTING AN ACT CONSTI-
 TUTING A FELONY UNDER NEW YORK STATE OR FEDERAL LAW OR THE LAW OF ANOTH-
 ER JURISDICTION, WHERE THE LICENSEE'S ALLEGED CONDUCT MAY PRESENT A RISK
 TO PATIENTS OR TO THE PUBLIC, WHICH, IF  COMMITTED  WITHIN  THIS  STATE,
 WOULD  HAVE  CONSTITUTED  A FELONY UNDER NEW YORK STATE LAW, or when the
 duly authorized professional disciplinary agency of another jurisdiction
 has made a finding substantially equivalent to a finding that the  prac-
 tice  of  medicine  by  the licensee in that jurisdiction constitutes an
 imminent danger to the health of its people, or when a licensee has been
 disciplined by a duly authorized  professional  disciplinary  agency  of

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 another  jurisdiction  for  acts  which if committed in this state would
 have constituted the basis for summary action by the commissioner pursu-
 ant to paragraph (a) of this  subdivision,  the  commissioner,  after  a
 recommendation by a committee of professional conduct of the state board
 for  professional  medical  conduct,  may order the licensee, by written
 notice, to discontinue or refrain from practicing medicine in  whole  or
 in  part  or  to  take certain actions authorized pursuant to this title
 immediately. The order of  the  commissioner  shall  constitute  summary
 action against the licensee and become public upon issuance. The summary
 suspension  shall remain in effect until the final conclusion of a hear-
 ing which shall commence within ninety days of the date  of  service  of
 the  commissioner's  order, end within ninety days thereafter and other-
 wise be held in accordance  with  paragraph  (a)  of  this  subdivision,
 provided,  however,  that  when the commissioner's order is based upon a
 finding substantially equivalent to a finding that the practice of medi-
 cine by the licensee in another  jurisdiction  constitutes  an  imminent
 danger  to  the  health of its people, the hearing shall commence within
 thirty days after the disciplinary proceedings in that jurisdiction  are
 finally  concluded.  IF,  AT  ANY  TIME, THE FELONY CHARGE IS DISMISSED,
 WITHDRAWN OR REDUCED TO A NON-FELONY CHARGE, THE COMMISSIONER'S  SUMMARY
 ORDER SHALL TERMINATE.
   § 4. This act shall take effect immediately.
 
                                  PART DD
 
   Section  1. Subdivisions 2 and 4 of section 6801 of the education law,
 as amended by chapter 46 of the laws of 2015, are  amended  to  read  as
 follows:
   2.  A  licensed  pharmacist may execute a non-patient specific regimen
 prescribed or ordered by a physician licensed in  this  state  or  nurse
 practitioner  certified in this state, pursuant to rules and regulations
 promulgated by the commissioner. When a licensed pharmacist  administers
 an immunizing agent, he or she shall:
   (a)  report  such administration by electronic transmission or [fasci-
 mile] FACSIMILE to the patient's attending primary health  care  practi-
 tioner  or  practitioners,  if any, and, to the extent practicable, make
 himself or herself available to discuss the outcome  of  such  immuniza-
 tion, including any adverse reactions, with the attending primary health
 care  practitioner,  or  to  the  statewide immunization registry or the
 citywide immunization registry, as established pursuant to section twen-
 ty-one hundred sixty-eight of the public health law; and
   (b) provide information to  the  patient  OR,  WHERE  APPLICABLE,  THE
 PERSON  LEGALLY RESPONSIBLE FOR THE PATIENT, on the importance of having
 a primary health care practitioner, developed  by  the  commissioner  of
 health; and
   (c)  report  such administration, absent of any individually identifi-
 able health information,  to  the  department  of  health  in  a  manner
 required by the commissioner of health[.]; AND
   (d)  prior  to  administering the immunization, inform the patient OR,
 WHERE APPLICABLE, THE PERSON LEGALLY RESPONSIBLE FOR THE PATIENT, of the
 total cost of the immunization or immunizations, subtracting any  health
 insurance  subsidization, if applicable. In the case the immunization is
 not covered, the pharmacist must inform the patient OR,  WHERE  APPLICA-
 BLE,  THE PERSON LEGALLY RESPONSIBLE FOR THE PATIENT, of the possibility
 that the immunization may be covered when administered by a primary care
 physician or practitioner; and

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   (e) administer the immunization or immunizations according to the most
 current recommendations by the advisory committee for immunization prac-
 tices (ACIP), provided however, that a  pharmacist  may  administer  any
 immunization  authorized  under this section when specified by a patient
 specific order.
   4.  When  administering  an  immunization  in a pharmacy, the licensed
 pharmacist shall provide an area for the immunization that provides  for
 a patient's privacy. The privacy area should include:
   A.  a  clearly  visible posting of the most current "Recommended Adult
 Immunization Schedule" published by the advisory committee for immuniza-
 tion practices (ACIP); AND
   (B) EDUCATION MATERIALS ON  INFLUENZA  VACCINATIONS  FOR  CHILDREN  AS
 DETERMINED BY THE COMMISSIONER AND THE COMMISSIONER OF HEALTH.
   §  2.  Subdivision 22 of section 6802 of the education law, as amended
 by chapter 46 of the laws of 2015, is amended to read as follows:
   22. "Administer", for the purpose of section sixty-eight  hundred  one
 of this article, means:
   A. the direct application of an immunizing agent to adults, whether by
 injection,  ingestion,  INHALATION  or  any  other  means, pursuant to a
 patient specific order or non-patient  specific  regimen  prescribed  or
 ordered  by a physician or certified nurse practitioner, who has a prac-
 tice site in the county or adjoining county in which the immunization is
 administered, for  immunizations  to  prevent  influenza,  pneumococcal,
 acute  herpes  zoster,  meningococcal,  tetanus, diphtheria or pertussis
 disease and medications required for emergency treatment of anaphylaxis.
 If the commissioner of health determines that there is  an  outbreak  of
 disease, or that there is the imminent threat of an outbreak of disease,
 then the commissioner of health may issue a non-patient specific regimen
 applicable statewide.
   B.  THE  DIRECT APPLICATION OF AN IMMUNIZING AGENT TO CHILDREN BETWEEN
 THE AGES OF TWO AND EIGHTEEN YEARS OF AGE, WHETHER BY INJECTION,  INGES-
 TION,  INHALATION  OR  ANY  OTHER  MEANS, PURSUANT TO A PATIENT SPECIFIC
 ORDER OR NON-PATIENT SPECIFIC REGIMEN PRESCRIBED OR ORDERED BY A  PHYSI-
 CIAN  OR  CERTIFIED  NURSE  PRACTITIONER, WHO HAS A PRACTICE SITE IN THE
 COUNTY OR ADJOINING COUNTY IN WHICH THE  IMMUNIZATION  IS  ADMINISTERED,
 FOR IMMUNIZATION TO PREVENT INFLUENZA AND MEDICATIONS REQUIRED FOR EMER-
 GENCY  TREATMENT OF ANAPHYLAXIS RESULTING FROM SUCH IMMUNIZATION. IF THE
 COMMISSIONER OF HEALTH DETERMINES THAT THERE IS AN OUTBREAK OF  INFLUEN-
 ZA,  OR  THAT  THERE IS THE IMMINENT THREAT OF AN OUTBREAK OF INFLUENZA,
 THEN THE COMMISSIONER OF HEALTH MAY ISSUE A NON-PATIENT SPECIFIC REGIMEN
 APPLICABLE STATEWIDE.
   § 3. Section 8 of chapter 563 of the laws of 2008, amending the educa-
 tion law and the public health law relating to immunizing agents  to  be
 administered  to  adults by pharmacists, as amended by chapter 46 of the
 laws of 2015, is amended to read as follows:
   § 8. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law  [and  shall  expire and be deemed repealed July 1,
 2019].
   § 4. Section 5 of chapter 116 of the laws of 2012, amending the educa-
 tion law relating to authorizing a  licensed  pharmacist  and  certified
 nurse  practitioner  to administer certain immunizing agents, as amended
 by chapter 46 of the laws of 2015, is amended to read as follows:
   § 5.  This act shall take effect on the ninetieth day after  it  shall
 have  become  a  law  [and],  PROVIDED,  HOWEVER, THAT THE PROVISIONS OF
 SECTIONS ONE, TWO AND FOUR OF  THIS  ACT  shall  expire  and  be  deemed
 repealed July 1, 2019 provided, that:

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   (a)  the  amendments to subdivision 7 of section 6527 of the education
 law made by section one of this act shall not affect the repeal of  such
 subdivision and shall be deemed to be repealed therewith;
   (b)  the  amendments to subdivision 7 of section 6909 of the education
 law, made by section two of this act shall not affect the repeal of such
 subdivision and shall be deemed to be repealed therewith;
   (c) the amendments to subdivision 22 of section 6802 of the  education
 law  made  by  section  three of this act shall not affect the repeal of
 such subdivision and shall be deemed to be repealed therewith; and
   (d) the amendments to section  6801  of  the  education  law  made  by
 section four of this act shall not affect the expiration of such section
 and shall be deemed to expire therewith.
   §  5. Section 5 of chapter 21 of the laws of 2011, amending the educa-
 tion law relating to authorizing pharmacists  to  perform  collaborative
 drug  therapy management with physicians in certain settings, as amended
 by chapter 238 of the laws of 2015, is amended to read as follows:
   § 5. This act shall take effect on the one hundred twentieth day after
 it shall have become a law [and], PROVIDED, HOWEVER, THAT THE PROVISIONS
 OF SECTIONS TWO, THREE, AND FOUR OF THIS ACT shall expire 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 subdivi-
 sion 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 are authorized and directed to be made
 and completed on or before such effective date.
   § 6. This act shall take effect immediately.
   § 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.
   § 3. This act shall take effect immediately  provided,  however,  that
 the applicable effective date of Parts A through DD of this act shall be
 as specifically set forth in the last section of such Parts.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9507--B
 
                           I N  A S S E M B L Y
 
                             January 18, 2018
                                ___________
 
 A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
   the Constitution -- read once and referred to the  Committee  on  Ways
   and  Means -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- again reported from  said
   committee  with amendments, ordered reprinted as amended and recommit-
   ted to said committee

 AN ACT to amend the public health law, in relation to  distributing  the
   general  hospital  indigent  care pool; establishing a temporary work-
   group on the general hospital indigent care pool methodology; to amend
   the social services law, in relation to standard coverage for physical
   therapy services under medical assistance for needy persons  programs;
   and  directing  the  commissioner  of health to conduct a study on the
   feasibility of creating a burn center in Kings County  Medical  Center
   in  collaboration  with  SUNY  Downstate  Medical  Center's University
   Hospital of Brooklyn (Part A); to amend  the  public  health  law,  in
   relation  to  payments to residential health care facilities; to amend
   the social services law and the public  health  law,  in  relation  to
   assisted  living program providers licensed in the state; to amend the
   social services law, in  relation  to  payments  for  certain  medical
   assistance  provided to eligible persons participating in the New York
   traumatic brain injury waiver program and long term care plans; and to
   amend the public health law, in relation to  community  based  service
   providers,  home  health care and medical assistance payments for care
   in hospice residences (Part B); to amend the social services  law,  in
   relation  to  health  homes  and  penalties for managed care providers
   (Part C); to amend the social services law and the public health  law,
   in  relation  to  drug  coverage, updating the professional dispensing
   fee, and in relation to extending the preferred drug program to  medi-
   caid  managed  care providers and offering the program to other health
   plans; and to repeal certain provisions of  the  social  services  law
   relating  thereto  (Part  D);  to  amend  the  social services law, in
   relation to reimbursement of transportation  costs  (Part  E);  inten-
   tionally  omitted  (Part  F);  intentionally  omitted (Part G); inten-
   tionally omitted (Part H); to amend the social services  law  and  the
   public health law, in relation to managed care  providers (Part I); to
   amend the state finance law, in relation to the false claims act (Part
   J);  to  amend  the  public health law and the social services law, in
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12671-03-8

 A. 9507--B                          2
 
   relation to authorizing the department of health  to  require  certain
   health  care providers to report on costs incurred; and to amend chap-
   ter 59 of the laws of 2011 amending the public health  law  and  other
   laws  relating  to known and projected department of health state fund
   medicaid expenditures, in relation to extending  the  medicaid  global
   cap  (Part K); intentionally omitted (Part L); to amend chapter 266 of
   the laws of 1986, amending the civil practice law and rules and  other
   laws  relating  to  malpractice  and  professional medical conduct, in
   relation to apportioning premium for certain policies; 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, relating  to  the
   effectiveness  of  certain  provisions of such chapter, in relation to
   extending certain provisions concerning the hospital excess  liability
   pool;  and to amend part H of chapter 57 of the laws of 2017, amending
   the New York Health Care Reform Act of 1996 and other laws relating to
   extending certain provisions relating thereto, in relation to  extend-
   ing  provisions  relating  to  excess coverage (Part M); intentionally
   omitted (Part N); to amend the public health law, in relation to fund-
   ing early intervention services; and to repeal certain  provisions  of
   the public health law and the insurance law relating thereto (Part O);
   to  amend  the  public  health law, in relation to the empire clinical
   research investigator program and hospital resident hour audits  (Part
   P);  to  amend  the  public health law, in relation to the health care
   facility transformation program (Part Q); intentionally omitted  (Part
   R);  Intentionally omitted (Subpart A); to amend the public health law
   and the  mental  hygiene  law,  in  relation  to  integrated  services
   (Subpart  B);  and  to  amend  the social services law, in relation to
   telehealth under medical assistance; and to repeal article 29-G of the
   public health law relating to telehealth delivery of services (Subpart
   C)(Part S); to amend chapter 59 of the  laws  of  2016,  amending  the
   social services law and other laws relating to authorizing the commis-
   sioner  of  health to apply federally established consumer price index
   penalties for generic  drugs,  and  authorizing  the  commissioner  of
   health to impose penalties on managed care plans for reporting late or
   incorrect  encounter data, in relation to the effectiveness of certain
   provisions of such chapter; to amend chapter 58 of the laws  of  2007,
   amending  the  social  services law and other laws relating to adjust-
   ments of rates, in relation to the effectiveness of certain provisions
   of such chapter; to amend chapter 54 of the  laws  of  2016,  amending
   part  C  of chapter 58 of the laws of 2005, authorizing reimbursements
   for expenditures made by or on behalf of social services districts for
   medical assistance for needy persons and administration thereof relat-
   ing to authorizing the commissioner of health to establish a statewide
   Medicaid integrity and  efficiency  initiative,  in  relation  to  the
   effectiveness  thereof;  to  amend  chapter  906  of the laws of 1984,
   amending the social services law relating to expanding medical assist-
   ance eligibility and  the  scope  of  services  available  to  certain
   persons  with  disabilities, in relation to the effectiveness thereof;
   and to amend the social services law, in relation to agreements relat-
   ing to pharmaceutical utilization (Part T); to amend part NN of  chap-
   ter 58 of the laws of 2015 amending the mental hygiene law relating to
   clarifying  the  authority  of  the commissioners in the department of
   mental hygiene to  design  and  implement  time-limited  demonstration
   programs,  in relation to the effectiveness thereof (Part U); to amend
   chapter 62 of the laws of 2003, amending the mental  hygiene  law  and

 A. 9507--B                          3
 
   the  state finance law relating to the community mental health support
   and workforce reinvestment program, the  membership  of  subcommittees
   for  mental health of community services boards and the duties of such
   subcommittees  and  creating the community mental health and workforce
   reinvestment account, in relation to extending such provisions  relat-
   ing thereto (Part V); intentionally omitted (Part W); to amend 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  X);
   to  amend  the  education  law,  in  relation to persons practicing in
   certain licensed programs or services who  are  exempt  from  practice
   requirements of professionals licensed by the department of education;
   to  amend  chapter 420 of the laws of 2002, amending the education law
   relating to the profession of social work, in  relation  to  extending
   the  expiration of certain provisions thereof; to amend chapter 676 of
   the laws of 2002, amending the education law relating to the  practice
   of  psychology,  in  relation  to  extending the expiration of certain
   provisions; and to amend chapter 130 of the laws of 2010, amending the
   education law and other laws relating to the registration of  entities
   providing  certain  professional  services  and  licensure  of certain
   professions, in relation to extending certain provisions thereof (Part
   Y); to amend the social services law, in  relation  to  adding  demon-
   stration  waivers  to  waivers  allowable for home and community-based
   services; to amend the social services  law,  in  relation  to  adding
   successor  federal  waivers to waivers granted under subsection (c) of
   section 1915 of the federal social security law, in relation to  nurs-
   ing  facility  services; to amend the social services law, in relation
   to waivers for high quality and integrated care; to amend  the  mental
   hygiene  law,  in relation to adding new and successor federal waivers
   to waivers in relation to home and community-based services; to  amend
   part A of chapter 56 of the laws of 2013, amending the social services
   law and other laws relating to enacting the major components of legis-
   lation necessary to implement the health and mental hygiene budget for
   the  2013-2014  state fiscal year, in relation to the effectiveness of
   certain provisions  thereof;  to  amend  the  public  health  law,  in
   relation to expansion of comprehensive health services 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 communi-
   ties, in relation to extending provisions thereof; to amend the public
   health law, in relation to managed long term care  plans,  health  and
   long  term  care  services  and  developmental  disability  individual
   support and care coordination organizations; to amend chapter  165  of
   the laws of 1991, amending the public health law and other laws relat-
   ing  to  establishing  payments for medical assistance, in relation to
   extending the provisions thereof; to amend the mental hygiene law,  in
   relation  to reimbursement rates; and to amend chapter 710 of the laws
   of 1988, amending the social services law and the education law relat-
   ing to medical assistance eligibility of certain persons and providing
   for managed  medical  care  demonstration  programs,  in  relation  to
   extending  the provisions thereof (Part Z); to amend part C of chapter
   57 of the laws of 2006, relating to  establishing  a  cost  of  living
   adjustment  for designated human services programs, in relation to the
   inclusion and development of certain cost of living adjustments  (Part
   AA); to amend the public health law, in relation to expanding the list
   of controlled substances (Part BB); to amend the public health law, in

 A. 9507--B                          4
 
   relation  to  summary action for professional misconduct (Part CC); to
   amend the education law, in relation to authorizing a licensed pharma-
   cist to administer influenza vaccine to children between two and eigh-
   teen years of age pursuant to a non-patient specific regimen; to amend
   the  public  health  law,  in  relation to reporting immunizations; to
   amend chapter 563 of the laws of 2008, amending the education law  and
   the public health law relating to immunizing agents to be administered
   to  adults by pharmacists, in relation to making the provisions perma-
   nent; to amend chapter 116 of the laws of 2012, amending the education
   law relating to authorizing a licensed pharmacist and certified  nurse
   practitioner  to  administer certain immunizing agents, in relation to
   extending the effectiveness thereof; and to amend chapter  21  of  the
   laws of 2011, amending the education law relating to authorizing phar-
   macists  to  perform collaborative drug therapy management with physi-
   cians in certain settings, in relation to making technical corrections
   (Part DD); to amend the mental hygiene law, in relation to state-oper-
   ated individualized residential alternatives; and to amend part  Q  of
   chapter 59 of the laws of 2016, amending the mental hygiene law relat-
   ing  to  the  closure  or  transfer of a state-operated individualized
   residential alternative, in  relation  to  the  effectiveness  thereof
   (Part  EE);  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  demonstration  project,  in
   relation  to  the effectiveness thereof (Part FF); to amend the insur-
   ance law, in relation to the purchase of prescription drugs (Part GG);
   to amend the mental hygiene  law,  in  relation  to  establishing  the
   office  of  the  independent behavioral health ombudsman (Part HH); to
   amend the public health law and the state finance law, in relation  to
   disposition  of  charitable  assets  and  establishing  a  health care
   stabilization account (Part II); and in relation to  the  availability
   of  federal  financial  participation  and  payments  made  to certain
   managed care providers; and to repeal section 3-d of part B of chapter
   58 of the laws of 2010, amending chapter 474  of  the  laws  of  1996,
   amending  the education law and other laws relating to rates for resi-
   dential health care facilities, in relation to reimbursement (Part JJ)
 
   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 2018-2019
 state fiscal year. Each component is  wholly  contained  within  a  Part
 identified as Parts A through JJ. 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.

 A. 9507--B                          5
 
   § 2. Subdivision 5-d of section 2807-k of the public  health  law,  as
 amended  by  section  1  of part E of chapter 57 of the laws of 2015, 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 [eigh-
 teen] NINETEEN, 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  [eighteen]  NINETEEN  calendar
 years shall be in accord with the following:
   (A)  one  hundred  thirty-nine  million  four hundred thousand dollars
 shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
 payments to major public general hospitals; and
   (B) nine hundred ninety-four million nine hundred thousand dollars  as
 Medicaid  DSH  payments  to eligible general hospitals, other than major
 public general hospitals.
   (iii)(A) Such regulations shall establish  transition  adjustments  to
 the  distributions  made pursuant to clauses (A) and (B) of subparagraph
 (ii) of this paragraph such that no facility experiences a reduction  in
 indigent care pool payments pursuant to this subdivision that is greater
 than the percentages, as specified in clause (C) of this subparagraph as
 compared  to  the  average distribution that each such facility received
 for the three calendar years prior to two thousand thirteen pursuant  to
 this section and section twenty-eight hundred seven-w of this article.
   (B)  Such  regulations  shall  also establish adjustments limiting the
 increases in indigent  care  pool  payments  experienced  by  facilities
 pursuant to this subdivision by an amount that will be, as determined by
 the  commissioner  and  in conjunction with such other funding as may be
 available for this purpose, sufficient to ensure full  funding  for  the
 transition adjustment payments authorized by clause (A) of this subpara-
 graph.
   (C)  No  facility  shall  experience a reduction in indigent care pool
 payments pursuant to this subdivision that: for the calendar year begin-
 ning January first, two thousand thirteen, is greater than two and  one-
 half  percent;  for the calendar year beginning January first, two thou-

 A. 9507--B                          6

 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 Janu-
 ary  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; AND FOR THE CALENDAR YEAR BEGINNING ON  JANUARY  FIRST,
 TWO THOUSAND NINETEEN, IS GREATER THAN SEVENTEEN AND ONE-HALF PERCENT.
   (iv) Such regulations shall reserve one percent of the funds available
 for  distribution  in the two thousand fourteen and two thousand fifteen
 calendar years, and for calendar  years  thereafter,  pursuant  to  this
 subdivision,  subdivision  fourteen-f  of  section  twenty-eight hundred
 seven-c of this article, and sections two hundred eleven and two hundred
 twelve of chapter four hundred seventy-four  of  the  laws  of  nineteen
 hundred  ninety-six,  in  a  "financial  assistance compliance pool" and
 shall establish methodologies for the distribution of such pool funds to
 facilities based on their level of  compliance,  as  determined  by  the
 commissioner, with the provisions of subdivision nine-a of this section.
   (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.
   § 2-a.  Temporary workgroup on the general hospital indigent care pool
 methodology. No later  than  June  first,  two  thousand  eighteen,  the
 commissioner  of  health  shall convene a temporary workgroup to develop
 recommendations for modifying the distribution methodology of the  indi-
 gent  care  pool  to  target  payments  to  facilities  that  provide  a
 disproportionate share of uncompensated care to uninsured,  underinsured
 and medicaid populations; to develop recommendations for modifying indi-
 gent  care distributions in the event of aggregate reductions in federal
 Medicaid disproportionate share hospital funding; to evaluate the finan-
 cial impacts of recent modifications to  the  indigent  care  pool  made
 pursuant  to  subdivision  five-d of section 2807-k of the public health
 law; and to evaluate the effectiveness of  financial  aid  policies  and
 procedures  as  mandated  by subdivision nine-a of section 2807-k of the
 public health law.   The  workgroup  shall  include  representatives  of
 providers  that  provide  such  care, consumer advocates, members of the
 legislature, health care workers, the department of  health,  and  other
 appropriate  stakeholders.  No  later  than December first, two thousand
 eighteen, the workgroup shall report on its findings and recommendations
 to the governor, the temporary president of the senate, and the  speaker
 of  the  assembly,  including any analysis of facility impacts by region
 and sponsorship as well as any additional information it deems appropri-
 ate.
   § 3. Notwithstanding any inconsistent provision of law  or  regulation
 to  the  contrary,  the  medical  assistance  program shall allocate ten
 million dollars annually to expand preventative services as the  commis-
 sioner of health may determine in regulation. Such preventative services
 may include but not be limited to mental health counseling provided by a
 licensed  clinical  social  worker  or  a licensed master social worker,

 A. 9507--B                          7
 
 physical therapy, diabetes prevention, or treatment by an applied behav-
 ior analyst.
   §  4. Subparagraph (ii) of paragraph (f) of subdivision 2-a of section
 2807 of the public health law, as amended by section 43  of  part  B  of
 chapter 58 of the laws of 2010, is amended to read as follows:
   (ii)  notwithstanding the provisions of paragraphs (a) and (b) of this
 subdivision, for periods on and after January first, two thousand  nine,
 the  following  services provided by general hospital outpatient depart-
 ments and diagnostic and treatment  centers  shall  be  reimbursed  with
 rates  of payment based entirely upon the ambulatory patient group meth-
 odology as described in paragraph (e)  of  this  subdivision,  provided,
 however,  that  the  commissioner may utilize existing payment methodol-
 ogies or may promulgate  regulations  establishing  alternative  payment
 methodologies for one or more of the services specified in this subpara-
 graph,  effective  for  periods  on  and after March first, two thousand
 nine:
   (A) services provided in accordance with the provisions of  paragraphs
 (q)  and (r) of subdivision two of section three hundred sixty-five-a of
 the social services law; and
   (B) all services, but only with regard to additional payment  amounts,
 as  determined  in accordance with regulations issued in accordance with
 paragraph (e) of this subdivision, for the provision  of  such  services
 during times outside the facility's normal hours of operation, as deter-
 mined in accordance with criteria set forth in such regulations; and
   (C)  individual  psychotherapy  services  provided  by licensed social
 workers, in accordance with licensing criteria set forth  in  applicable
 regulations[,  to  persons  under  the  age of twenty-one and to persons
 requiring such services as a result of or related to pregnancy or giving
 birth]; and
   (D) individual psychotherapy  services  provided  by  licensed  social
 workers,  in  accordance with licensing criteria set forth in applicable
 regulations, at diagnostic and treatment centers that  provided,  billed
 for,  and received payment for these services between January first, two
 thousand seven and December thirty-first, two thousand seven;
   (E) services provided to pregnant women pursuant to paragraph  (s)  of
 subdivision  two  of  section  three  hundred sixty-five-a of the social
 services law and, for periods on and after January first,  two  thousand
 ten,  all  other  services  provided  pursuant to such paragraph (s) and
 services provided pursuant  to  paragraph  (t)  of  subdivision  two  of
 section three hundred sixty-five-a of the social services law;
   (F)  wheelchair  evaluation services and eyeglass dispensing services;
 and
   (G) immunization services, effective  for  services  rendered  on  and
 after June tenth, two thousand nine.
   §  5.  Paragraph  (h)  of subdivision 2 of section 365-a of the social
 services law, as amended by chapter 220 of the laws of 2011, is  amended
 to read as follows:
   (h)  speech therapy, and when provided at the direction of a physician
 or nurse practitioner, physical therapy including related rehabilitative
 services and occupational therapy; provided, however, that speech thera-
 py[, physical therapy] and occupational therapy [each] shall be  limited
 to coverage of [twenty] FORTY visits per year; PHYSICAL THERAPY SHALL BE
 LIMITED  TO COVERAGE OF FORTY VISITS PER YEAR; such limitation shall not
 apply to persons with developmental disabilities or, notwithstanding any
 other provision of law to the contrary, to persons with traumatic  brain
 injury;

 A. 9507--B                          8
 
   §  5-a.  The commissioner of health is directed to conduct a study and
 do research as to the feasibility of creating a  burn  center  in  Kings
 County  Medical  Center  in  collaboration  with  SUNY Downstate Medical
 Center's University Hospital of Brooklyn.
   The study shall be conducted in accordance with rules, regulations and
 standards  determined  by  the  commissioner  of health. The study shall
 concentrate on provisions of optimal care to burn patients for the  time
 of  injury through rehabilitation with the goal of establishing a frame-
 work for the establishment of an accredited burn unit that provides high
 quality patient care while  meeting  the  standards  for  organizational
 structure,  personnel  qualifications,  facilities resources and medical
 care services pursuant to the  Guidelines  for  the  Operation  of  Burn
 Centers of the American Burn Association.
   The  commissioner  of  health  shall report his or her findings to the
 governor, the speaker of the assembly, the minority leader of the assem-
 bly, the temporary president of the senate and the  minority  leader  of
 the  senate  on  or  before  one  year from the date this act shall take
 effect.
   § 6. This act shall take effect immediately.
 
                                  PART B
 
   Section 1. Subdivision 2-c of section 2808 of the public health law is
 amended by adding a new paragraph (g) to read as follows:
   (G) THE COMMISSIONER SHALL REDUCE MEDICAID REVENUE  TO  A  RESIDENTIAL
 HEALTH  CARE FACILITY IN A PAYMENT YEAR BY TWO PERCENT IF IN EACH OF THE
 TWO MOST RECENT PAYMENT YEARS FOR WHICH  NEW  YORK  STATE  NURSING  HOME
 QUALITY  INITIATIVE  DATA  IS  AVAILABLE, THE FACILITY WAS RANKED IN THE
 LOWEST TWO QUINTILES OF FACILITIES BASED ON  ITS  NURSING  HOME  QUALITY
 INITIATIVE  PERFORMANCE,  AND  WAS  RANKED IN THE LOWEST QUINTILE IN THE
 MOST RECENT PAYMENT YEAR. THE COMMISSIONER SHALL WAIVE  THE  APPLICATION
 OF  THIS PARAGRAPH TO A FACILITY IF THE COMMISSIONER DETERMINES THAT THE
 FACILITY IS IN FINANCIAL DISTRESS.
   § 2. Subdivision 3 of section 461-l of  the  social  services  law  is
 amended by adding five new paragraphs (k), (l), (m), (n) and (o) to read
 as follows:
   (K)(I)  EXISTING  ASSISTED  LIVING  PROGRAM  PROVIDERS  LICENSED ON OR
 BEFORE APRIL FIRST, TWO THOUSAND EIGHTEEN MAY APPLY  TO  THE  DEPARTMENT
 FOR UP TO NINE ADDITIONAL ASSISTED LIVING PROGRAM BEDS, BY A DEADLINE TO
 BE DETERMINED BY THE DEPARTMENT. THE DEPARTMENT MAY UTILIZE AN EXPEDITED
 REVIEW PROCESS TO ALLOW ELIGIBLE APPLICANTS IN GOOD STANDING THE ABILITY
 TO BE LICENSED FOR THE ADDITIONAL BEDS WITHIN NINETY DAYS OF THE DEPART-
 MENT'S  RECEIPT  OF  A SATISFACTORY APPLICATION. ELIGIBLE APPLICANTS ARE
 THOSE THAT: DO NOT REQUIRE MAJOR RENOVATION OR CONSTRUCTION; SERVE  ONLY
 PUBLIC PAY INDIVIDUALS; AND ARE IN SUBSTANTIAL COMPLIANCE WITH APPROPRI-
 ATE STATE AND LOCAL REQUIREMENTS AS DETERMINED BY THE DEPARTMENT.
   (II)  EXISTING ASSISTED LIVING PROGRAM PROVIDERS LICENSED ON OR BEFORE
 APRIL FIRST, TWO THOUSAND TWENTY MAY SUBMIT ADDITIONAL APPLICATIONS  FOR
 UP  TO  NINE ADDITIONAL ASSISTED LIVING PROGRAM BEDS BY A DEADLINE TO BE
 DETERMINED BY THE  DEPARTMENT.  EVERY  TWO  YEARS  THEREAFTER,  EXISTING
 PROVIDERS LICENSED ON OR BEFORE APRIL FIRST OF SUCH YEAR MAY SUBMIT SUCH
 APPLICATIONS  ON  JUNE  THIRTIETH  OF SUCH YEAR, AND BY A DEADLINE TO BE
 DETERMINED BY THE DEPARTMENT. THE NUMBER OF ADDITIONAL  ASSISTED  LIVING
 PROGRAM  BEDS  SHALL  BE BASED ON THE TOTAL NUMBER OF PREVIOUSLY AWARDED
 BEDS EITHER WITHDRAWN BY THE APPLICANT OR DENIED BY THE DEPARTMENT.

 A. 9507--B                          9
 
   (L) THE COMMISSIONER OF HEALTH IS  AUTHORIZED  TO  SOLICIT  AND  AWARD
 APPLICATIONS  FOR  UP  TO  A  TOTAL  OF FIVE HUNDRED NEW ASSISTED LIVING
 PROGRAM BEDS IN THOSE COUNTIES WHERE THERE IS ONE OR NO ASSISTED  LIVING
 PROGRAM  PROVIDERS, PURSUANT TO CRITERIA TO BE DETERMINED BY THE COMMIS-
 SIONER.
   (M)  THE  COMMISSIONER  OF  HEALTH  IS AUTHORIZED TO SOLICIT AND AWARD
 APPLICATIONS FOR UP TO FIVE HUNDRED NEW ASSISTED LIVING PROGRAM BEDS  IN
 COUNTIES  WHERE  UTILIZATION  OF  EXISTING  ASSISTED LIVING PROGRAM BEDS
 EXCEEDS EIGHTY-FIVE PERCENT. ALL APPLICANTS SHALL  COMPLY  WITH  FEDERAL
 HOME  AND  COMMUNITY-BASED SETTINGS REQUIREMENTS, AS SET FORTH IN 42 CFR
 PART 441 SUBPART G. TO BE ELIGIBLE FOR AN AWARD, AN APPLICANT MUST AGREE
 TO:
   (I) SERVE ONLY PUBLIC PAY INDIVIDUALS;
   (II) DEVELOP AND EXECUTE COLLABORATIVE AGREEMENTS  WITHIN  TWENTY-FOUR
 MONTHS  OF  AN  APPLICATION  BEING MADE TO THE DEPARTMENT, IN ACCORDANCE
 WITH GUIDANCE TO BE PUBLISHED BY THE DEPARTMENT, BETWEEN AT LEAST ONE OF
 EACH OF THE FOLLOWING ENTITIES: AN ADULT CARE  FACILITY;  A  RESIDENTIAL
 HEALTH CARE FACILITY; AND A GENERAL HOSPITAL;
   (III)  ENTER  INTO  AN AGREEMENT WITH AN EXISTING MANAGED CARE ENTITY;
 AND
   (IV) PARTICIPATE IN VALUE BASED PAYMENT MODELS, WHERE SUCH MODELS  ARE
 AVAILABLE FOR PARTICIPATION.
   (N)  THE  COMMISSIONER  OF HEALTH IS AUTHORIZED TO CREATE A PROGRAM TO
 SUBSIDIZE THE COST OF ASSISTED LIVING FOR THOSE INDIVIDUALS LIVING  WITH
 ALZHEIMER'S  DISEASE  AND  DEMENTIA  WHO  ARE  NOT  ELIGIBLE FOR MEDICAL
 ASSISTANCE PURSUANT TO TITLE ELEVEN OF ARTICLE FIVE OF THIS CHAPTER. THE
 PROGRAM SHALL AUTHORIZE  UP  TO  TWO  HUNDRED  VOUCHERS  TO  INDIVIDUALS
 THROUGH AN APPLICATION PROCESS AND PAY FOR UP TO SEVENTY-FIVE PERCENT OF
 THE  AVERAGE PRIVATE PAY RATE IN THE RESPECTIVE REGION. THE COMMISSIONER
 MAY PROPOSE RULES AND REGULATIONS TO EFFECTUATE THIS PROVISION.
   (O) FOR PERIODS ON AND AFTER APRIL FIRST,  TWO  THOUSAND  TWENTY,  THE
 COMMISSIONER  OF  HEALTH  IS AUTHORIZED TO ISSUE ASSISTED LIVING PROGRAM
 BEDS FOR ANY ELIGIBLE APPLICANT, OTHER THAN AN  APPLICANT  THAT  APPLIED
 UNDER  SUBPARAGRAPH  (II)  OF  PARAGRAPH  (K)  OF THIS SUBDIVISION, THAT
 SATISFACTORILY DEMONSTRATES THE PUBLIC NEED FOR SUCH BEDS IN THE AREA TO
 BE SERVED AND MEETS ALL OTHER APPLICABLE REQUIREMENTS OF  THIS  SECTION.
 DEMONSTRATED  PUBLIC  NEED  SHALL  BE DETERMINED ON A CASE BY CASE BASIS
 WHENEVER THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL IS SATISFIED THAT
 PUBLIC NEED EXISTS  AT  THE  TIME  AND  PLACE  AND  UNDER  CIRCUMSTANCES
 PROPOSED  BY  THE  APPLICANT;  PROVIDED, HOWEVER, THE PRIOR BED AUTHORI-
 ZATIONS IN PARAGRAPHS (H), (I), (J) AND (K) OF  THIS  SUBDIVISION  SHALL
 CONTINUE IN FULL FORCE AND EFFECT.
   §  3.  Subparagraph  (i)  of paragraph (b) of subdivision 7 of section
 4403-f of the public health law, as amended by section 41-b of part H of
 chapter 59 of the laws of 2011, is amended to read as follows:
   (i) (1) The commissioner shall, to the extent  necessary,  submit  the
 appropriate  waivers,  including,  but  not limited to, those authorized
 pursuant to sections eleven hundred fifteen and nineteen hundred fifteen
 of the federal social security act, or  successor  provisions,  and  any
 other  waivers  necessary to achieve the purposes of high quality, inte-
 grated, and cost effective care  and  integrated  financial  eligibility
 policies under the medical assistance program or pursuant to title XVIII
 of  the  federal  social  security act. In addition, the commissioner is
 authorized to submit the appropriate waivers, including but not  limited
 to  those  authorized  pursuant  to  sections eleven hundred fifteen and
 nineteen hundred fifteen of the federal social security act or successor

 A. 9507--B                         10
 
 provisions, and any other waivers necessary to require on or after April
 first, two thousand twelve, medical assistance recipients who are  twen-
 ty-one  years  of age or older and who require community-based long term
 care  services,  as  specified  by  the  commissioner, for more than one
 hundred and twenty days, to receive such services through  an  available
 plan  certified  pursuant  to  this  section or other program model that
 meets guidelines specified by the commissioner that support coordination
 and integration of services. Such guidelines shall address the  require-
 ments  of  paragraphs (a), (b), (c), (d), (e), (f), (g), (h), and (i) of
 subdivision three of this section as well as payment methods that ensure
 provider accountability for cost effective quality outcomes. Such  other
 program  models  may  include  long  term home health care programs that
 comply with such guidelines. Copies of such original waiver applications
 and amendments thereto shall be provided to the  chairs  of  the  senate
 finance  committee, the assembly ways and means committee and the senate
 and assembly health committees simultaneously with their  submission  to
 the federal government.
   (2) ON OR AFTER OCTOBER FIRST, TWO THOUSAND EIGHTEEN, THE COMMISSIONER
 MAY,  THROUGH SUCH AN APPROVED WAIVER, LIMIT ENROLLMENT IN A PLAN CERTI-
 FIED UNDER THIS SECTION TO INDIVIDUALS WHO REQUIRE COMMUNITY-BASED  LONG
 TERM  CARE  SERVICES  FOR  A  CONTINUOUS PERIOD OF MORE THAN ONE HUNDRED
 TWENTY DAYS FROM THE DATE OF ENROLLMENT AND FROM THE DATES WHEN CONTINU-
 ING ENROLLMENT IS REAUTHORIZED; HOWEVER, MEDICAL  ASSISTANCE  RECIPIENTS
 ENROLLED IN A MANAGED LONG TERM CARE PLAN ON OCTOBER FIRST, TWO THOUSAND
 EIGHTEEN  MAY  CONTINUE  TO  BE ELIGIBLE FOR SUCH PLANS, IRRESPECTIVE OF
 WHETHER THE ENROLLEE MEETS THE LEVEL OF CARE REQUIREMENTS, PROVIDED THAT
 ONCE SUCH RECIPIENTS ARE DISENROLLED FROM THEIR MANAGED LONG  TERM  CARE
 PLAN, THE REQUIREMENTS OF THIS PARAGRAPH WOULD APPLY TO FUTURE ELIGIBIL-
 ITY DETERMINATIONS.
   §  4. Subparagraphs (vii) and (viii) of paragraph (b) of subdivision 7
 of section 4403-f of the public health law are relettered  subparagraphs
 (viii)  and  (ix)  and  a  new  subparagraph  (vii)  is added to read as
 follows:
   (VII) IF ANOTHER MANAGED LONG TERM  CARE  PLAN  CERTIFIED  UNDER  THIS
 SECTION  IS  AVAILABLE, MEDICAL ASSISTANCE RECIPIENTS REQUIRED TO ENROLL
 IN SUCH PLANS PURSUANT TO THIS  SECTION  OR  RECIPIENTS  WHO  HAVE  BEEN
 ASSIGNED  TO  A  PROVIDER  BY  THE COMMISSIONER MAY CHANGE PLANS WITHOUT
 CAUSE WITHIN NINETY DAYS OF NOTIFICATION OF ENROLLMENT OR THE  EFFECTIVE
 DATE  OF ENROLLMENT INTO A PLAN, WHICHEVER IS LATER, BY MAKING A REQUEST
 OF THE LOCAL SOCIAL  SERVICES  DISTRICT  OR  ENTITY  DESIGNATED  BY  THE
 DEPARTMENT.  HOWEVER,  AFTER  SUCH NINETY DAY PERIOD, A RECIPIENT MAY BE
 PROHIBITED FROM CHANGING PLANS MORE  FREQUENTLY  THAN  ONCE  WITHIN  THE
 ENSUING  ENROLLMENT PERIOD, AS PERMITTED BY FEDERAL LAW, EXCEPT FOR GOOD
 CAUSE AS DETERMINED BY THE COMMISSIONER.
   § 5. Clauses 11 and 12 of subparagraph (v) of paragraph (b) of  subdi-
 vision  7  of  section  4403-f  of  the public health law, as amended by
 section 48 of part A of chapter 56 of the laws of 2013, are  amended  to
 read as follows:
   (11) a person who is eligible for medical assistance pursuant to para-
 graph  (b) of subdivision four of section three hundred sixty-six of the
 social services law; [and]
   (12) Native Americans; AND
   (13) A PERSON WHO IS PERMANENTLY PLACED IN A  NURSING  HOME;  PROVIDED
 HOWEVER,  THAT  A  PERSON  WHO WAS ENROLLED IN A PLAN UNDER THIS SECTION
 AND, WHILE ENROLLED, WAS TRANSFERRED TO A NURSING  HOME  FROM  COMMUNITY
 BASED CARE, SHALL REMAIN ENROLLED UNDER THIS SECTION FOR THREE MONTHS AT

 A. 9507--B                         11
 
 WHICH TIME SUCH PERSON SHALL BE DEEMED SUSPENDED FROM ENROLLMENT BY SUCH
 PLAN  FOR  AN ADDITIONAL SIX MONTH PERIOD, SO THAT THE PERSON MAY RETURN
 TO COMMUNITY BASED CARE WITHOUT REQUIRING  REENROLLMENT  IN  SUCH  PLAN.
 PLANS  SHALL  BE REIMBURSED ON A PRORATED BASIS WHEN REINSTATING ENROLL-
 MENT UNDER THIS CLAUSE.
   § 6. Intentionally Omitted.
   § 7. Intentionally Omitted.
   § 8. Subdivision 1 of section 367-a of  the  social  services  law  is
 amended by adding a new paragraph (h) to read as follows:
   (H)  AMOUNTS  PAYABLE  UNDER  THIS TITLE FOR MEDICAL ASSISTANCE IN THE
 FORM OF FREESTANDING CLINIC SERVICES PURSUANT TO ARTICLE TWENTY-EIGHT OF
 THE PUBLIC HEALTH LAW PROVIDED TO ELIGIBLE PERSONS PARTICIPATING IN  THE
 NEW  YORK  TRAUMATIC  BRAIN INJURY WAIVER PROGRAM WHO ARE ALSO BENEFICI-
 ARIES UNDER PART B OF TITLE XVIII OF THE FEDERAL SOCIAL SECURITY ACT  OR
 WHO  ARE QUALIFIED MEDICARE BENEFICIARIES UNDER PART B OF TITLE XVIII OF
 SUCH ACT SHALL NOT BE LESS THAN THE APPROVED MEDICAL ASSISTANCE  PAYMENT
 LEVEL LESS THE AMOUNT PAYABLE UNDER PART B.
   § 8-a. Paragraph (d-2) of subdivision 3 of section 364-j of the social
 services  law,  as  added by section 20-a of part B of chapter 59 of the
 laws of 2016, is amended to read as follows:
   (d-2) Services provided  pursuant  to  waivers,  granted  pursuant  to
 subsection  (c)  of  section 1915 of the federal social security act, to
 persons suffering from traumatic brain injuries or qualifying for  nurs-
 ing  home  diversion  and  transition services, shall not be provided to
 medical assistance recipients through managed  care  programs  until  at
 least January first, two thousand [eighteen] TWENTY-TWO.
   §  8-b.  Paragraph  (d)  of  subdivision  one of section 3614-c of the
 public health law, as amended by section 5 of part S of  chapter  57  of
 the laws of 2017, is amended to read as follows:
   (d)  "Home  care  aide"  means a home health aide, personal care aide,
 home attendant, personal assistant performing consumer directed personal
 assistance services pursuant to section three  hundred  sixty-five-f  of
 the  social  services  law, A PERSON DELIVERING CARE UNDER THE TRAUMATIC
 BRAIN INJURY PROGRAM PURSUANT TO SECTION TWENTY-SEVEN HUNDRED  FORTY  OF
 THIS  CHAPTER,  or  other  licensed  or  unlicensed person whose primary
 responsibility includes the provision of in-home assistance with  activ-
 ities  of  daily  living,  instrumental  activities  of  daily living or
 health-related tasks; provided, however, that home care  aide  does  not
 include  any  individual  (i) working on a casual basis, or (ii) (except
 for a person employed under the consumer  directed  personal  assistance
 program  under section three hundred sixty-five-f of the social services
 law) who is a relative through blood, marriage or adoption of:  (1)  the
 employer;  or (2) the person for whom the worker is delivering services,
 under a program funded  or  administered  by  federal,  state  or  local
 government.
   §  9.  The  commissioner  of  health shall conduct a study of home and
 community based services available to recipients of the Medicaid program
 in rural areas of the state. Such study shall include a review and anal-
 ysis of factors affecting such availability, including but  not  limited
 to  transportation  costs, costs of direct care personnel including home
 health aides, personal care attendants and other direct service  person-
 nel,  opportunities  for telehealth services, and technological advances
 to improve efficiencies. Consistent with the results of the  study,  the
 commissioner of health is authorized to provide a targeted Medicaid rate
 enhancement to fee-for-service personal care rates and rates under Medi-
 caid  waiver  programs such as the nursing home transition and diversion

 A. 9507--B                         12
 
 waiver and the traumatic brain injury program waiver,  in  an  aggregate
 amount  of three million dollars minus the cost of conducting the study;
 provided further, that nothing in this section shall be deemed to affect
 payment  for  the  costs  of  the  study  and  any related Medicaid rate
 enhancement if federal participation is not available for such costs.
   § 10. Paragraphs (c) and (c) of subdivision 18 of section 364-j of the
 social services law, as added by sections 40-c and 55 of part B of chap-
 ter 57 of the laws of 2015, are amended to read as follows:
   (c) (I) In setting such reimbursement  methodologies,  the  department
 shall consider costs borne by the managed care program to ensure actuar-
 ially  sound and adequate rates of payment to ensure quality of care FOR
 ITS ENROLLEES AND SHALL REFLECT THE REASONABLE COSTS ASSOCIATED WITH ALL
 APPLICABLE FEDERAL AND STATE LAWS AND REGULATIONS,  INCLUDING,  BUT  NOT
 LIMITED TO, THOSE RELATING TO WAGES, LABOR, AND ACTUARIAL SOUNDNESS.
   [(c)]  (II)  The  department [of health] shall require the independent
 actuary selected pursuant  to  paragraph  (b)  of  this  subdivision  to
 provide  a  complete  actuarial  memorandum,  along  with  all actuarial
 assumptions made and all other data, materials and methodologies used in
 the development of rates, to managed care providers thirty days prior to
 submission of such rates  to  the  centers  for  medicare  and  medicaid
 services  for  approval.  Managed  care providers may request additional
 review of the actuarial soundness of the  rate  setting  process  and/or
 methodology.
   (III) IN FULFILLING THE REQUIREMENTS OF THIS PARAGRAPH, IN RELATION TO
 A LONG TERM CARE PLAN OPERATING UNDER SECTION FORTY-FOUR HUNDRED THREE-F
 OF  THE  PUBLIC HEALTH LAW, THE DEPARTMENT SHALL ESTABLISH SEPARATE RATE
 CELLS TO REFLECT THE COSTS OF CARE  FOR  SPECIFIC  HIGH-NEED  ENROLLEES.
 THE  COMMISSIONER  SHALL MAKE ANY NECESSARY AMENDMENTS TO THE STATE PLAN
 FOR MEDICAL ASSISTANCE UNDER SECTION THREE HUNDRED SIXTY-THREE-A OF THIS
 TITLE, AND SUBMIT ANY APPLICATIONS FOR WAIVERS  OF  THE  FEDERAL  SOCIAL
 SECURITY  ACT,  AS  MAY BE NECESSARY TO ENSURE FEDERAL FINANCIAL PARTIC-
 IPATION. THE HIGH-NEED RATE CELLS ESTABLISHED IN  ACCORDANCE  WITH  THIS
 SUBPARAGRAPH SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
   (A)  INDIVIDUALS  WHO ARE EITHER ALREADY RESIDING IN A SKILLED NURSING
 FACILITY OR ARE PLACED IN A SKILLED NURSING FACILITY;
   (B) INDIVIDUALS ENROLLED WITH A MANAGED CARE PROVIDER, WHO  REMAIN  IN
 THE  COMMUNITY  AND  WHO DAILY RECEIVE LIVE-IN TWENTY-FOUR HOUR PERSONAL
 CARE OR HOME HEALTH SERVICES OR TWELVE HOURS OR MORE OF  PERSONAL  CARE,
 HOME HEALTH SERVICES OR HOME AND COMMUNITY SUPPORT SERVICES;
   (C)  SUCH OTHER INDIVIDUALS WHO, BASED ON THE ASSESSMENT OF THEIR CARE
 NEEDS, THEIR DIAGNOSIS OR OTHER FACTORS, ARE DETERMINED TO PRESENT ESPE-
 CIALLY HIGH NEEDS RELATED TO FACTORS THAT WOULD INFLUENCE  THE  DELIVERY
 INCLUDING BUT NOT LIMITED TO HOME LOCATION, OR THEIR USE OF SERVICES, AS
 MAY BE IDENTIFIED BY THE DEPARTMENT.
   §  11.  Section 4403-f of the public health law is amended by adding a
 new subdivision 15 to read as follows:
   15. IF THE DEPARTMENT PLACES A NUMERICAL LIMIT ON THE NUMBER OF COMMU-
 NITY BASED SERVICE PROVIDERS LICENSED UNDER ARTICLE THIRTY-SIX  OF  THIS
 CHAPTER  WITH  WHICH  A  PLAN  MAY  CONTRACT,  IT  SHALL DO SO ONLY WITH
 APPROVAL BY THE PUBLIC HEALTH AND HEALTH  PLANNING  COUNCIL,  CONSISTENT
 WITH STANDARDS ADOPTED BY THE COUNCIL TO ASSURE NETWORK ADEQUACY INCLUD-
 ING  BUT  NOT LIMITED TO:   ADEQUATE AND APPROPRIATE CARE FOR THE ENROL-
 LEES; LANGUAGE  AND  CULTURAL  COMPETENCE;  GEOGRAPHICAL  COVERAGE;  AND
 SPECIAL NEEDS SERVICES.

 A. 9507--B                         13
 
   §  12.  Section 224-b of the public health law, as added by section 50
 of part A of chapter 58 of the laws of  2010,  is  amended  to  read  as
 follows:
   § 224-b. Public health and health planning council; powers and duties;
 health  care  facilities, home care agencies and hospices. 1. The public
 health and health planning council shall have such powers and duties  as
 are  set  forth in this chapter, including the consideration of applica-
 tions for the establishment and construction of health care  facilities,
 home  care  agencies  and hospices licensed under articles twenty-eight,
 thirty-six or forty of this chapter. In  carrying  out  its  powers  and
 duties,  the  council  shall take into account the impact of its actions
 and recommendations on the quality, accessibility, efficiency and  cost-
 effectiveness  of  health  care  throughout the state. The council shall
 undertake a comprehensive review of regulations and  council  procedures
 governing the establishment and construction of such health care facili-
 ties,  home  care  agencies and hospices and shall submit to the commis-
 sioner any recommendations for the revisions of such regulations.   Such
 review  shall be conducted every five years, and the first set of recom-
 mendations shall be submitted to the commissioner on or before  December
 first, two thousand sixteen.
   2.  FOR  THE  PERIOD  BEGINNING APRIL FIRST, TWO THOUSAND EIGHTEEN AND
 ENDING MARCH THIRTY-FIRST, TWO THOUSAND NINETEEN, THE COUNCIL SHALL  NOT
 APPROVE  APPLICATIONS  FOR NEW LICENSED HOME CARE SERVICE AGENCIES UNDER
 ARTICLE THIRTY-SIX OF THIS CHAPTER UNLESS THE PURPOSE OF THE LICENSE  IS
 TO  CONSOLIDATE EXISTING LICENSEES, OR OVERCOME LACK OF NETWORK ADEQUACY
 OF A MANAGED LONG  TERM  CARE  PLAN  UNDER  SECTION  FORTY-FOUR  HUNDRED
 THREE-F  OF  THIS  CHAPTER  OR  A LACK OF ADEQUATE AND APPROPRIATE CARE,
 LANGUAGE AND CULTURAL COMPETENCE, GEOGRAPHICAL COVERAGE OR SPECIAL NEEDS
 SERVICES.
   3. THE COUNCIL SHALL REVIEW  AND  REVISE  (A)  STANDARDS  RELATING  TO
 ADEQUATE   AND  APPROPRIATE  CARE,  LANGUAGE  AND  CULTURAL  COMPETENCE,
 GEOGRAPHICAL COVERAGE AND SPECIAL NEEDS SERVICES, AND (B) NEEDS  METHOD-
 OLOGY  RELATING  TO  THE  APPROVAL, CLOSURE OR CONSOLIDATION OF LICENSED
 HOME CARE SERVICE AGENCIES TO ASSURE A STATEWIDE SYSTEM THAT  IS  FINAN-
 CIALLY VIABLE. SUCH REVIEW SHALL BE COMPLETED BY MARCH THIRTY-FIRST, TWO
 THOUSAND NINETEEN.
   §  13.  Subdivisions 4 and 6 of section 3605 of the public health law,
 subdivision 4 as amended by section 62 of part A of chapter  58  of  the
 laws of 2010, subdivision 6 as added by chapter 959 of the laws of 1984,
 are amended to read as follows:
   4.  The public health and health planning council shall not approve an
 application for licensure unless it is satisfied as to  (A)  THE  PUBLIC
 NEED  FOR  THE EXISTENCE OF THE LICENSED HOME HEALTH CARE SERVICE AGENCY
 AT THE TIME AND PLACE AND UNDER  THE  CIRCUMSTANCES  PROPOSED;  (B)  the
 character,  competence  and standing in the community of the applicant's
 incorporators, directors, sponsors, stockholders or operators;  AND  (C)
 SUCH OTHER MATTERS AS IT SHALL DEEM PERTINENT.
   6. Neither [public need,] tax status nor profit-making status shall be
 criteria for licensure.
   § 14. Section 4012 of the public health law is amended by adding a new
 subdivision 5 to read as follows:
   5.  (A)  MEDICAID PAYMENTS TO HOSPICE RESIDENCES SHALL BE IN AN AMOUNT
 EQUAL TO NINETY-FOUR PERCENT OF THE WEIGHTED AVERAGE MEDICAL  ASSISTANCE
 FEE  FOR  SERVICE  RATE REIMBURSED TO RESIDENTIAL HEALTH CARE FACILITIES
 LOCATED IN THE MANAGED LONG TERM CARE REGION THAT THE HOSPICE  RESIDENCE
 IS  LOCATED.  SUCH AVERAGE MEDICAL ASSISTANCE RATE SHALL BE INCLUSIVE OF

 A. 9507--B                         14
 
 SPECIALTY UNITS, THE ROOM AND BOARD FURNISHED BY THE HOSPICE  RESIDENCE,
 CASH  RECEIPTS  ASSESSMENTS  AND  THE CASE MIX OF THE RESIDENTIAL HEALTH
 CARE FACILITIES LOCATED IN THE MANAGED LONG TERM CARE REGION  THAT  SUCH
 HOSPICE  IS  LOCATED. SUCH AVERAGE MEDICAL ASSISTANCE RATE SHALL ALSO BE
 INCLUSIVE OF AN EFFICIENCY FACTOR OF 1.1  MULTIPLIED  BY  SUCH  WEIGHTED
 AVERAGE RATE; RECRUITMENT AND RETENTION MONIES; AND ANY ADJUSTMENTS MADE
 FOR  MINIMUM  WAGE,  AS  SUCH ADJUSTMENTS ARE APPLIED TO THE RESIDENTIAL
 HEALTH CARE FACILITIES LOCATED IN THE MANAGED LONG TERM CARE  REGION  IN
 WHICH THE HOSPICE RESIDENCE IS LOCATED.
   (B)  UNDER  NO  CIRCUMSTANCES  SHALL THE RATES ESTABLISHED PURSUANT TO
 THIS SUBDIVISION BE LESS THAN THE RATES ESTABLISHED  FOR  HOSPICE  RESI-
 DENCES  IN  EFFECT ON THE EFFECTIVE DATE OF THIS SUBDIVISION AND MANAGED
 CARE ORGANIZATIONS SHALL REIMBURSE HOSPICE RESIDENCES  THE  RATE  ESTAB-
 LISHED  PURSUANT TO THIS SUBDIVISION FOR A PERIOD OF AT LEAST FIVE YEARS
 FROM THE DATE HOSPICE RESIDENTS ARE TRANSITIONED TO MANAGED  CARE.  SUCH
 REIMBURSEMENT SHALL BE KNOWN AS THE HOSPICE RESIDENCE BENCHMARK RATE.
   §  15. This act shall take effect immediately; provided, however, that
 the amendments made to paragraph (b) of subdivision 7 of section  4403-f
 of  the  public health law made by sections three, four and five of this
 act shall not affect the expiration of such paragraph pursuant to subdi-
 vision (i) of section 111 of part H of chapter 59 of the laws  of  2011,
 as  amended, and shall be deemed to expire therewith; provided, further,
 that the amendments to section 4403-f of the public health law  made  by
 sections  three,  four, five and eleven of this act shall not affect the
 repeal of such section pursuant to chapter 659 of the laws of  1997,  as
 amended, and shall be deemed repealed therewith; provided, further, that
 section four of this act shall take effect on October 1, 2018; provided,
 further,  that  the  amendments  to paragraph (d-2) of subdivision 3 and
 paragraphs (c) and (c) of subdivision 18 of section 364-j of the  social
 services  law  as  amended by sections eight-a and ten of this act shall
 not affect the repeal of such section pursuant to  chapter  710  of  the
 laws of 1988, as amended, and shall be deemed to repeal therewith.
 
                                  PART C
 
   Section  1. Subdivision 2 of section 365-l of the social services law,
 as amended by section 1 of part S of chapter 57 of the laws of 2017,  is
 amended to read as follows:
   2.  In  addition to payments made for health home services pursuant to
 subdivision one of this section, the commissioner is authorized  to  pay
 additional  amounts:  (A) to providers of health home services that meet
 process or outcome standards specified by the commissioner; AND  (B)  TO
 MEDICAID  MANAGED  CARE ENROLLEES WHO ARE MEMBERS OF HEALTH HOMES IN THE
 FORM OF INCENTIVE PAYMENTS TO REWARD SUCH ENROLLEES FOR PARTICIPATING IN
 WELLNESS ACTIVITIES AND ACTIVITIES OR BEHAVIOR THAT HAVE LED TO  OR  MAY
 LEAD  TO  A  REDUCTION  IN  UNNECESSARY HOSPITALIZATIONS AND UNNECESSARY
 UTILIZATION OF HOSPITAL EMERGENCY DEPARTMENT SERVICES. PROVIDED,  HOWEV-
 ER,  THAT  SUCH  INCENTIVE  PAYMENTS  SHALL  NOT,  IN ANY WAY, PROHIBIT,
 DISCOURAGE, OR OTHERWISE PENALIZE  AN  ENROLLEE  WHO  UTILIZES  HOSPITAL
 SERVICES,  INCLUDING  EMERGENCY SERVICES. Such additional amounts may be
 paid with state funds only if federal financial participation  for  such
 payments is unavailable.
   §  2.  Section 365-l of the social services law is amended by adding a
 new subdivision 2-d to read as follows:
   2-D. THE COMMISSIONER SHALL ESTABLISH TARGETS FOR HEALTH HOME  PARTIC-
 IPATION  BY  ENROLLEES  OF  SPECIAL  NEEDS MANAGED CARE PLANS DESIGNATED

 A. 9507--B                         15

 PURSUANT TO SUBDIVISION FOUR OF SECTION THREE  HUNDRED  SIXTY-FIVE-M  OF
 THIS  TITLE  AND  BY  HIGH-RISK ENROLLEES OF OTHER MEDICAID MANAGED CARE
 PLANS OPERATING PURSUANT TO SECTION THREE HUNDRED SIXTY-FOUR-J  OF  THIS
 TITLE,  AND  SHALL REQUIRE THE MANAGED CARE PROVIDERS TO WORK COLLABORA-
 TIVELY WITH HEALTH HOMES TO ACHIEVE SUCH TARGETS. THE  COMMISSIONER  MAY
 ASSESS  PENALTIES  UNDER THIS SUBDIVISION AGAINST MANAGED CARE PROVIDERS
 THAT FAIL TO MEET THE PARTICIPATION TARGETS ESTABLISHED PURSUANT TO THIS
 SUBDIVISION, EXCEPT THAT MANAGED CARE PROVIDERS SHALL NOT  BE  PENALIZED
 FOR  THE FAILURE OF A HEALTH HOME TO WORK COLLABORATIVELY TOWARD MEETING
 THE PARTICIPATION TARGETS.
   § 3. Intentionally omitted.
   § 4. Intentionally omitted.
   § 5. Intentionally omitted.
   § 6. Intentionally omitted.
   § 7. Paragraph (a) of subdivision 1  of  section  413  of  the  social
 services  law,  as  amended  by section 2 of part Q of chapter 56 of the
 laws of 2017, is amended to read as follows:
   (a) The following persons and officials  are  required  to  report  or
 cause  a  report to be made in accordance with this title when they have
 reasonable cause to suspect that a child coming  before  them  in  their
 professional  or  official capacity is an abused or maltreated child, or
 when they have reasonable cause to suspect that a child is an abused  or
 maltreated  child  where the parent, guardian, custodian or other person
 legally responsible for such child comes before them  in  their  profes-
 sional  or  official  capacity and states from personal knowledge facts,
 conditions or circumstances which, if correct, would render the child an
 abused or maltreated child: any physician; registered physician  assist-
 ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 psychologist; registered nurse; social worker; emergency medical techni-
 cian;  licensed  creative  arts  therapist; licensed marriage and family
 therapist; licensed mental  health  counselor;  licensed  psychoanalyst;
 licensed  behavior analyst; certified behavior analyst assistant; hospi-
 tal personnel engaged in the admission, examination, care  or  treatment
 of  persons;  a  Christian  Science practitioner; school official, which
 includes but is not limited to school teacher, school  guidance  counse-
 lor,  school  psychologist,  school  social worker, school nurse, school
 administrator or other school personnel required to hold a  teaching  or
 administrative  license  or  certificate;  full or part-time compensated
 school employee required to hold a temporary coaching license or profes-
 sional coaching certificate; social services worker; employee of a publ-
 icly-funded emergency shelter for families with children; director of  a
 children's overnight camp, summer day camp or traveling summer day camp,
 as  such camps are defined in section thirteen hundred ninety-two of the
 public health law; day care center worker; school-age child care worker;
 provider of family or group family day care; employee or volunteer in  a
 residential  care  facility  for children that is licensed, certified or
 operated by the office of children and family  services;  or  any  other
 child  care or foster care worker; mental health professional; substance
 abuse counselor; alcoholism counselor; all persons credentialed  by  the
 office  of  alcoholism  and substance abuse services; EMPLOYEES, WHO ARE
 EXPECTED TO HAVE REGULAR AND SUBSTANTIAL CONTACT  WITH  CHILDREN,  OF  A
 HEALTH  HOME  OR  HEALTH  HOME CARE MANAGEMENT AGENCY CONTRACTING WITH A
 HEALTH HOME AS DESIGNATED BY THE DEPARTMENT  OF  HEALTH  AND  AUTHORIZED
 UNDER SECTION THREE HUNDRED SIXTY-FIVE-L OF THIS CHAPTER OR SUCH EMPLOY-
 EES  WHO PROVIDE HOME AND COMMUNITY BASED SERVICES UNDER A DEMONSTRATION

 A. 9507--B                         16
 
 PROGRAM PURSUANT TO SECTION ELEVEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL
 SECURITY ACT WHO ARE EXPECTED TO HAVE REGULAR  AND  SUBSTANTIAL  CONTACT
 WITH  CHILDREN;  peace  officer;  police  officer;  district attorney or
 assistant  district  attorney;  investigator employed in the office of a
 district attorney; or other law enforcement official.
   § 8. Section 364-j of the social services law is amended by  adding  a
 new subdivision 34 to read as follows:
   34.  THE  COMMISSIONER  MAY, IN HIS OR HER DISCRETION, REQUIRE MANAGED
 CARE PROVIDERS TO SUBMIT A PERFORMING PROVIDER SYSTEM  PARTNERSHIP  PLAN
 BY  JULY FIRST, TWO THOUSAND EIGHTEEN, IN ACCORDANCE WITH ANY SUBMISSION
 GUIDELINES ISSUED BY THE DEPARTMENT PRIOR THERETO. FOR PURPOSES OF  THIS
 SUBDIVISION,  "PERFORMING PROVIDER SYSTEM PARTNERSHIP PLAN" SHALL MEAN A
 PLAN SUBMITTED BY SUCH MANAGED CARE PROVIDERS  TO  THE  DEPARTMENT  THAT
 INCLUDES BOTH SHORT AND LONG TERM APPROACHES FOR EFFECTIVE COLLABORATION
 WITH  EACH PERFORMING PROVIDER SYSTEM WITHIN ITS SERVICE AREA. A MANAGED
 CARE PROVIDER SHALL NOT BE PENALIZED FOR FAILURE TO SUBMIT SUCH PLAN  IF
 IT  HAS  MADE A GOOD FAITH ATTEMPT TO PARTNER WITH A PERFORMING PROVIDER
 SYSTEM.
   § 9. This act shall take effect immediately; provided,  however,  that
 the  amendments made to section 364-j of the social services law made by
 section eight of this act shall not affect the repeal  of  such  section
 and shall be deemed repealed therewith.
 
                                  PART D
 
   Section  1.    Paragraph  (d) of subdivision 9 of section 367-a of the
 social services law, as amended by section 7 of part D of chapter 57  of
 the laws of 2017, is amended to read as follows:
   (d)  In addition to the amounts paid pursuant to paragraph (b) of this
 subdivision, the department shall pay a professional pharmacy dispensing
 fee for each such drug dispensed in the amount of ten dollars AND  EIGHT
 CENTS  per  prescription  or  written order of a practitioner; provided,
 however that this professional dispensing fee will not  apply  to  drugs
 that  are available without a prescription as required by section sixty-
 eight hundred ten of the education law but do not meet the definition of
 a covered outpatient drug pursuant to Section 1927K of the Social  Secu-
 rity Act.
   § 2. Intentionally omitted.
   § 3. Intentionally omitted.
   § 4. Intentionally omitted.
   § 5. Intentionally omitted.
   § 6. Intentionally omitted.
   §  7. Section 3331 of the public health law is amended by adding a new
 subdivision 8 to read as follows:
   8. NO OPIOIDS SHALL BE PRESCRIBED TO A  PATIENT  INITIATING  OR  BEING
 MAINTAINED ON OPIOID TREATMENT FOR PAIN WHICH HAS LASTED MORE THAN THREE
 MONTHS  OR  PAST  THE  TIME OF NORMAL TISSUE HEALING, UNLESS THE MEDICAL
 RECORD CONTAINS A WRITTEN TREATMENT PLAN THAT FOLLOWS GENERALLY ACCEPTED
 NATIONAL PROFESSIONAL OR GOVERNMENTAL GUIDELINES.   THE REQUIREMENTS  OF
 THIS  PARAGRAPH  SHALL  NOT  APPLY IN THE CASE OF PATIENTS WHO ARE BEING
 TREATED FOR CANCER THAT IS NOT IN REMISSION, WHO ARE IN HOSPICE OR OTHER
 END-OF-LIFE CARE, OR WHOSE PAIN IS BEING TREATED AS PART  OF  PALLIATIVE
 CARE PRACTICES.
   § 8. Subdivision 2 of section 280 of the public health law, as amended
 by  section 1 of part D of chapter 57 of the laws of 2017, is amended to
 read as follows:

 A. 9507--B                         17
 
   2. The commissioner shall establish  a  year  to  year  department  of
 health state-funds Medicaid drug spending growth target as follows:
   (a)  for  state fiscal year two thousand seventeen--two thousand eigh-
 teen, be limited to the ten-year rolling average of the  medical  compo-
 nent  of the consumer price index plus five percent and minus a pharmacy
 savings target of fifty-five million dollars; [and]
   (b) for state fiscal year two thousand  eighteen--two  thousand  nine-
 teen,  be  limited to the ten-year rolling average of the medical compo-
 nent of the consumer price index plus four percent and minus a  pharmacy
 savings target of eighty-five million dollars[.]; AND
   (C)  FOR STATE FISCAL YEAR TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY,
 BE LIMITED TO THE TEN-YEAR ROLLING AVERAGE OF THE MEDICAL  COMPONENT  OF
 THE  CONSUMER PRICE INDEX PLUS FOUR PERCENT AND MINUS A PHARMACY SAVINGS
 TARGET OF EIGHTY-FIVE MILLION DOLLARS.
   § 9. The social services law is amended by adding a new section  365-i
 to read as follows:
   §  365-I.  PRESCRIPTION  DRUGS  IN MEDICAID MANAGED CARE PROGRAMS.  1.
 DEFINITIONS. (A) THE DEFINITIONS OF TERMS IN SECTION TWO HUNDRED SEVENTY
 OF THE PUBLIC HEALTH LAW SHALL APPLY TO THIS SECTION.
   (B) AS USED IN THIS  SECTION,  UNLESS  THE  CONTEXT  CLEARLY  REQUIRES
 OTHERWISE:
   (I)  "MANAGED  CARE  PROVIDER"  MEANS  A  MANAGED  CARE PROVIDER UNDER
 SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS ARTICLE, A MANAGED LONG  TERM
 CARE  PLAN UNDER SECTION FORTY-FOUR HUNDRED THREE-F OF THE PUBLIC HEALTH
 LAW, OR ANY OTHER ENTITY THAT PROVIDES OR ARRANGES FOR THE PROVISION  OF
 MEDICAL  ASSISTANCE  SERVICES  AND  SUPPLIES TO PARTICIPANTS DIRECTLY OR
 INDIRECTLY (INCLUDING BY REFERRAL), INCLUDING CASE MANAGEMENT, INCLUDING
 THE MANAGED CARE PROVIDER'S AUTHORIZED AGENTS.
   (II) "PARTICIPANT" MEANS A MEDICAL ASSISTANCE RECIPIENT WHO  RECEIVES,
 IS  REQUIRED  TO RECEIVE OR ELECTS TO RECEIVE HIS OR HER MEDICAL ASSIST-
 ANCE SERVICES FROM A MANAGED CARE PROVIDER.
   2. PROVIDING AND PAYMENT FOR PRESCRIPTION DRUGS FOR  MEDICAID  MANAGED
 CARE  PROVIDER  PARTICIPANTS. PRESCRIPTION DRUGS ELIGIBLE FOR REIMBURSE-
 MENT UNDER THIS ARTICLE PRESCRIBED IN RELATION TO A SERVICE PROVIDED  BY
 A  MANAGED  CARE  PROVIDER  SHALL  BE  PROVIDED  AND  PAID FOR UNDER THE
 PREFERRED DRUG PROGRAM AND THE CLINICAL DRUG REVIEW PROGRAM UNDER  TITLE
 ONE OF ARTICLE TWO-A OF THE PUBLIC HEALTH LAW. THE MANAGED CARE PROVIDER
 SHALL  ACCOUNT  TO  AND REIMBURSE THE DEPARTMENT FOR THE NET COST TO THE
 DEPARTMENT FOR PRESCRIPTION DRUGS PROVIDED TO THE MANAGED  CARE  PROVID-
 ER'S  PARTICIPANTS.  PAYMENT FOR PRESCRIPTION DRUGS SHALL BE INCLUDED IN
 THE CAPITATION PAYMENTS TO THE MANAGED CARE  PROVIDER  FOR  SERVICES  OR
 SUPPLIES PROVIDED TO A MANAGED CARE PROVIDER'S PARTICIPANTS.
   §  10. Section 270 of the public health law is amended by adding a new
 subdivision 15 to read as follows:
   15. "THIRD-PARTY HEALTH CARE PAYER"  HAS  ITS  ORDINARY  MEANINGS  AND
 INCLUDES  AN  ENTITY  SUCH  AS A FISCAL ADMINISTRATOR, OR ADMINISTRATIVE
 SERVICES PROVIDER THAT PARTICIPATES IN THE ADMINISTRATION  OF  A  THIRD-
 PARTY HEALTH CARE PAYER SYSTEM.
   §  11.  The public health law is amended by adding a new section 274-a
 to read as follows:
   § 274-A. USE OF  PREFERRED  DRUG  PROGRAM  AND  CLINICAL  DRUG  REVIEW
 PROGRAM.  THE  COMMISSIONER  SHALL  CONTRACT WITH ANY THIRD-PARTY HEALTH
 CARE PAYER THAT SO CHOOSES, TO USE THE PREFERRED DRUG  PROGRAM  AND  THE
 CLINICAL  DRUG  REVIEW PROGRAM TO PROVIDE AND PAY FOR PRESCRIPTION DRUGS
 FOR THE THIRD-PARTY HEALTH CARE PAYER'S  ENROLLEES.  TO  CONTRACT  UNDER
 THIS  SECTION,  THE THIRD-PARTY HEALTH CARE PAYER SHALL PROVIDE COVERAGE

 A. 9507--B                         18
 
 FOR PRESCRIPTION DRUGS AUTHORIZED  UNDER  THIS  TITLE.  THE  THIRD-PARTY
 HEALTH  CARE PAYER SHALL ACCOUNT TO AND REIMBURSE THE DEPARTMENT FOR THE
 NET COST TO THE DEPARTMENT FOR PRESCRIPTION DRUGS PROVIDED TO THE THIRD-
 PARTY  HEALTH  CARE  PAYER'S ENROLLEES. THE CONTRACT SHALL INCLUDE TERMS
 REQUIRED BY THE COMMISSIONER.
   § 12. Intentionally omitted.
   § 13. Subdivisions 25 and 25-a of section 364-j of the social services
 law are REPEALED.
   § 14. This act shall take effect immediately and shall  be  deemed  to
 have been in full force and effect on and after April 1, 2018; provided,
 however,  that  the  amendments  to  paragraph  (d)  of subdivision 9 of
 section 367-a of the social services law made by section one of this act
 shall not affect the expiration of such  subdivision  and  shall  expire
 therewith.
 
                                  PART E
 
   Section  1. Subdivision 4 of section 365-h of the social services law,
 as separately amended by section 50 of part B and section 24 of  part  D
 of chapter 57 of the laws of 2015, is amended to read as follows:
   4.  The  commissioner of health is authorized to assume responsibility
 from a local social services official for the provision  and  reimburse-
 ment  of  transportation  costs  under this section. If the commissioner
 elects to assume such responsibility, the commissioner shall notify  the
 local  social  services official in writing as to the election, the date
 upon which the election shall be effective and such  information  as  to
 transition  of  responsibilities  as the commissioner deems prudent. The
 commissioner is authorized to contract with a transportation manager  or
 managers  to manage transportation services in any local social services
 district, other than transportation services provided  or  arranged  for
 enrollees of managed long term care plans issued certificates of author-
 ity  under  section forty-four hundred three-f of the public health law;
 ADULT DAY HEALTH CARE PROGRAMS LOCATED AT A LICENSED RESIDENTIAL  HEALTH
 CARE  FACILITY  AS  DEFINED  BY  SECTION TWENTY-EIGHT HUNDRED ONE OF THE
 PUBLIC HEALTH LAW OR AN APPROVED EXTENSION SITE THEREOF; AND  A  PROGRAM
 DESIGNATED  AS A PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE) AS
 AUTHORIZED BY FEDERAL PUBLIC LAW 105-33, SUBTITLE I OF TITLE IV  OF  THE
 BALANCED  BUDGET  ACT  OF 1997.   Any transportation manager or managers
 selected by the commissioner to  manage  transportation  services  shall
 have  proven  experience  in  coordinating  transportation services in a
 geographic and demographic area similar to the area in  New  York  state
 within which the contractor would manage the provision of services under
 this  section.  Such  a contract or contracts may include responsibility
 for: review, approval and processing of transportation  orders;  manage-
 ment  of  the  appropriate  level  of transportation based on documented
 patient medical need; and development of  new  technologies  leading  to
 efficient  transportation services. If the commissioner elects to assume
 such responsibility from a local social services district,  the  commis-
 sioner  shall examine and, if appropriate, adopt quality assurance meas-
 ures that may include, but are not limited to, global positioning track-
 ing system reporting requirements and service  verification  mechanisms.
 Any  and  all  reimbursement  rates developed by transportation managers
 under this subdivision shall be subject to the review  and  approval  of
 the commissioner.
   § 2. Intentionally omitted.
   § 3. Intentionally omitted.

 A. 9507--B                         19
 
   §  4.  This  act shall take effect October 1, 2018; provided, however,
 that the amendments to subdivision 4 of  section  365-h  of  the  social
 services law made by section one of this act shall not affect the repeal
 of such section and shall expire and be deemed repealed therewith.
 
                                  PART F

                           Intentionally Omitted
 
                                  PART G
 
                           Intentionally Omitted
 
                                  PART H
 
                           Intentionally Omitted
 
                                  PART I
 
   Section  1.  Section  364-j  of  the social services law is amended by
 adding a new subdivision 34 to read as follows:
   34. MONIES PAID BY THE DEPARTMENT TO MANAGED CARE PROVIDERS ARE PUBLIC
 FUNDS AND RETAIN THEIR STATUS AS PUBLIC FUNDS REGARDLESS OF ANY PAYMENTS
 MADE BY THE MANAGED CARE PROVIDER  TO  SUBCONTRACTORS,  MEDICAL  SERVICE
 PROVIDERS, OR OTHER ENTITIES.
   §  2.  Section 364-j of the social services law is amended by adding a
 new subdivision 35 to read as follows:
   35. RECOVERY OF OVERPAYMENTS FROM NETWORK  PROVIDERS.  (A)  WHERE  THE
 MEDICAID  INSPECTOR  GENERAL,  DURING THE COURSE OF AN AUDIT OR INVESTI-
 GATION, IDENTIFIES  IMPROPER  MEDICAL  ASSISTANCE  PAYMENTS  MADE  BY  A
 MANAGED CARE PROVIDER TO ITS SUBCONTRACTOR OR SUBCONTRACTORS OR PROVIDER
 OR  PROVIDERS,  THE  STATE  SHALL HAVE THE RIGHT TO RECOVER THE IMPROPER
 PAYMENT FROM THE SUBCONTRACTOR OR SUBCONTRACTORS, PROVIDER OR PROVIDERS,
 OR THE MANAGED CARE PROVIDER.
   (B) WHERE THE STATE IS UNSUCCESSFUL IN RECOVERING THE IMPROPER PAYMENT
 FROM THE SUBCONTRACTOR OR SUBCONTRACTORS OR PROVIDER OR  PROVIDERS,  THE
 MEDICAID  INSPECTOR GENERAL MAY REQUIRE THE MANAGED CARE ORGANIZATION TO
 RECOVER THE IMPROPER MEDICAL ASSISTANCE PAYMENTS IDENTIFIED IN PARAGRAPH
 (A) OF THIS SUBDIVISION.  THE MANAGED CARE ORGANIZATION SHALL  REMIT  TO
 THE  STATE  THE  FULL AMOUNT OF THE IDENTIFIED IMPROPER PAYMENT NO LATER
 THAN SIX MONTHS AFTER RECEIVING NOTICE OF THE OVERPAYMENT.
   (C) THE MANAGED CARE ORGANIZATION  MAY  CHARGE  ITS  SUBCONTRACTOR  OR
 SUBCONTRACTORS  OR PROVIDER OR PROVIDERS A COLLECTION FEE TO ACCOUNT FOR
 THE REASONABLE COSTS  INCURRED  BY  THE  MANAGED  CARE  ORGANIZATION  TO
 COLLECT  THE  DEBT.  ANY  COLLECTION  FEE  IMPOSED SHALL NOT EXCEED FIVE
 PERCENT OF THE TOTAL AMOUNT OWED.
   § 3. Section 364-j of the social services law is amended by  adding  a
 new subdivision 36 to read as follows:
   36.  REPORTING  ACTS  OF  FRAUD. (A) ALL MANAGED CARE PROVIDERS SHALL,
 WITHOUT UNDUE DELAY, REFER TO  THE  OFFICE  OF  THE  MEDICAID  INSPECTOR
 GENERAL  ANY  CASE  REASONABLY BELIEVED TO BE POTENTIAL FRAUD, WASTE, OR
 ABUSE.
   (B) ANY MANAGED CARE PROVIDER  MAKING  A  COMPLAINT  OR  FURNISHING  A
 REPORT,  REFERRAL, INFORMATION OR RECORDS PURSUANT TO THIS SECTION SHALL
 BE IMMUNE FROM CIVIL LIABILITY FOR MAKING SUCH COMPLAINT,  REFERRAL,  OR

 A. 9507--B                         20
 
 REPORT  WHEN SUCH COMPLAINT, REFERRAL, OR REPORT WAS REASONABLE AND MADE
 IN GOOD FAITH.
   (C) A MANAGED CARE PROVIDER THAT WILLFULLY FAILS TO MAKE A REFERRAL TO
 THE  MEDICAID INSPECTOR GENERAL IN ACCORDANCE WITH PARAGRAPH (A) OF THIS
 SUBDIVISION WHEN THERE IS ACTUAL KNOWLEDGE THAT AN ACT OF FRAUD IS BEING
 OR HAS BEEN COMMITTED MAY BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT NOT
 EXCEEDING ONE HUNDRED THOUSAND DOLLARS.
   § 4. The public health law is amended by adding a new  section  37  to
 read as follows:
   §  37.  VIOLATIONS  OF MEDICAL ASSISTANCE PROGRAM LAWS, REGULATIONS OR
 DIRECTIVES; PENALTIES. 1. (A) ANY PROVIDER OR  ENTITY  PARTICIPATING  IN
 THE  MEDICAL  ASSISTANCE  PROGRAM  THAT  WILLFULLY VIOLATES ANY STATUTE,
 RULE, OR REGULATION OF THE MEDICAL ASSISTANCE PROGRAM, MAY BE SUBJECT TO
 A CIVIL PENALTY IN AN AMOUNT NOT EXCEEDING  THE  SUM  OF  FIVE  THOUSAND
 DOLLARS.
   (B) EVERY VIOLATION OF ANY STATUTE, RULE, OR REGULATION OF THE MEDICAL
 ASSISTANCE PROGRAM SHALL BE A SEPARATE AND DISTINCT FAILURE OR VIOLATION
 AND,  IN  THE  CASE  OF  A CONTINUING VIOLATION, EVERY DAY'S CONTINUANCE
 THEREOF SHALL BE A SEPARATE AND DISTINCT OFFENSE.
   2. (A) ANY ENTITY AUTHORIZED TO OPERATE UNDER  ARTICLE  FORTY-FOUR  OF
 THIS  CHAPTER OR ARTICLE FORTY-THREE OF THE INSURANCE LAW, INCLUDING ANY
 SUBCONTRACTOR OR PROVIDER THEREOF,  AND  PARTICIPATING  IN  THE  MEDICAL
 ASSISTANCE  PROGRAM  THAT WILLFULLY FAILS TO COMPLY WITH OR VIOLATES ANY
 STATUTE, RULE, OR REGULATION OF THE MEDICAL ASSISTANCE PROGRAM,  OR  ANY
 TERM  OF  ITS  CONTRACT  WITH  THE DEPARTMENT, MAY BE SUBJECT TO A CIVIL
 PENALTY IN AN AMOUNT NOT EXCEEDING THE SUM OF FIVE THOUSAND DOLLARS.
   (B) EVERY FAILURE TO COMPLY WITH OR VIOLATION OF  ANY  STATUTE,  RULE,
 REGULATION,  OR  DIRECTIVE OF THE MEDICAL ASSISTANCE PROGRAM, OR TERM OF
 THE ENTITY'S CONTRACT WITH  THE  DEPARTMENT  SHALL  BE  A  SEPARATE  AND
 DISTINCT  FAILURE  OR  VIOLATION  AND,  IN  THE  CASE  OF  A  CONTINUING
 VIOLATION, EVERY DAY'S CONTINUANCE  THEREOF  SHALL  BE  A  SEPARATE  AND
 DISTINCT OFFENSE.
   3.  ANY  ENTITY  PARTICIPATING  IN  THE MEDICAL ASSISTANCE PROGRAM AND
 AUTHORIZED TO OPERATE UNDER ARTICLE FORTY-FOUR OF THIS CHAPTER OR  ARTI-
 CLE  FORTY-THREE  OF THE INSURANCE LAW THAT SUBMITS A COST REPORT TO THE
 MEDICAL ASSISTANCE PROGRAM THAT CONTAINS  DATA  WHICH  IS  INTENTIONALLY
 INACCURATE, MAY BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT NOT EXCEEDING
 ONE HUNDRED THOUSAND DOLLARS.
   4.  ANY  ENTITY AUTHORIZED TO OPERATE UNDER ARTICLE FORTY-FOUR OF THIS
 CHAPTER OR ARTICLE FORTY-THREE OF THE INSURANCE LAW,  AND  PARTICIPATING
 IN  THE MEDICAL ASSISTANCE PROGRAM THAT INTENTIONALLY SUBMITS INACCURATE
 ENCOUNTER DATA TO THE STATE MAY BE SUBJECT TO  A  CIVIL  PENALTY  IN  AN
 AMOUNT NOT EXCEEDING ONE HUNDRED THOUSAND DOLLARS.
   5.  THE MEDICAID INSPECTOR GENERAL SHALL HAVE THE DISCRETION TO REDUCE
 OR ELIMINATE A CIVIL PENALTY UNDER  THIS  SECTION  AND  ALSO  SHALL,  IN
 CONSULTATION  WITH  THE  COMMISSIONER,  CONSIDER  THE FOLLOWING PRIOR TO
 ASSESSING A CIVIL PENALTY  AGAINST  A  PROVIDER  OR  ENTITY  UNDER  THIS
 SECTION  AND  NOTE  IN  ITS WRITTEN DETERMINATION ANY SUCH CIRCUMSTANCES
 CONSIDERED:
   (A) THE EFFECT, IF ANY, ON THE QUALITY OF MEDICAL CARE PROVIDED TO  OR
 ARRANGED FOR RECIPIENTS OF MEDICAL ASSISTANCE AS A RESULT OF THE ACTS OF
 THE PROVIDER OR ENTITY;
   (B) THE AMOUNT OF MONETARY LOSS TO THE PROGRAM;
   (C)  ANY PRIOR VIOLATIONS COMMITTED BY THE PROVIDER OR ENTITY RELATING
 TO THE MEDICAL ASSISTANCE PROGRAM OR MEDICARE WHICH RESULTED  IN  EITHER
 CRIMINAL OR ADMINISTRATIVE SANCTION, PENALTY, OR FINE;

 A. 9507--B                         21
 
   (D)  THE DEGREE TO WHICH FACTORS GIVING RISE TO THE PROSCRIBED ACTIONS
 WERE IN THE CONTROL OR OUT OF THE CONTROL OF  THE  PROVIDER  OR  ENTITY;
 AND/OR
   (E)  ANY  OTHER  FACTS  RELATING  TO THE NATURE AND SERIOUSNESS OF THE
 VIOLATIONS INCLUDING ANY EXCULPATORY OR MITIGATING INFORMATION.
   6. THE MEDICAID INSPECTOR GENERAL  SHALL,  IN  CONSULTATION  WITH  THE
 COMMISSIONER,  PROMULGATE REGULATIONS ENUMERATING THOSE VIOLATIONS WHICH
 MAY RESULT IN A CIVIL PENALTY PURSUANT TO SUBDIVISIONS ONE  AND  TWO  OF
 THIS  SECTION AND THE RANGE AND THE AMOUNTS OF ANY CIVIL PENALTIES WHICH
 MAY BE ASSESSED UNDER THIS SECTION,  THE  HEARING  PROCESS  BY  WHICH  A
 PENALTY  MAY  BE ASSESSED, AND THE APPEAL RIGHTS AFFORDED TO INDIVIDUALS
 OR ENTITIES SUBJECT TO A FINE. THE REGULATIONS  PROMULGATED  UNDER  THIS
 SUBDIVISION  SHALL  BE  NO  LESS  PROTECTIVE OF DUE PROCESS THAN SECTION
 TWELVE-A OF THE THIS ARTICLE.
   § 5. Paragraph (d) of subdivision 32 of section 364-j  of  the  social
 services law, as added by section 15 of part B of chapter 59 of the laws
 of 2016, is amended to read as follows:
   (d) (I) Penalties under this subdivision may be applied to any and all
 circumstances  described  in paragraph (b) of this subdivision until the
 managed care [organization] PROVIDER complies with the requirements  for
 submission  of encounter data. (II) No penalties for late, incomplete or
 inaccurate encounter data shall be assessed against managed care [organ-
 izations] PROVIDERS in addition to those provided for in  this  subdivi-
 sion,  PROVIDED,  HOWEVER, THAT NOTHING IN THIS PARAGRAPH SHALL PROHIBIT
 THE IMPOSITION OF PENALTIES, IN  CASES  OF  FRAUD  OR  ABUSE,  OTHERWISE
 AUTHORIZED BY LAW.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that  the  amendments  to  section
 364-j  of  the  social services law made by sections one, two, three and
 five of this act shall not affect the repeal of such section  and  shall
 be deemed repealed therewith.
 
                                  PART J
 
   Section  1. Paragraph (h) of subdivision 1 of section 189 of the state
 finance law, as amended by section 8 of part A of chapter 56 of the laws
 of 2013, is amended to read as follows:
   (h) knowingly conceals or knowingly and improperly avoids or decreases
 an obligation to pay or transmit money or property to  the  state  or  a
 local  government,  or  conspires to do the same; shall be liable to the
 state or a local government, as applicable, for a civil penalty  of  not
 less  than  six  thousand  dollars  and  not  more  than twelve thousand
 dollars, AS ADJUSTED TO BE EQUAL TO THE CIVIL PENALTY ALLOWED UNDER  THE
 FEDERAL  FALSE  CLAIMS ACT, 31 U.S.C. SEC. 3729, ET SEQ., AS AMENDED, AS
 ADJUSTED FOR INFLATION BY THE FEDERAL CIVIL PENALTIES INFLATION  ADJUST-
 MENT ACT OF 1990, AS AMENDED (28 U.S.C. 2461 NOTE; PUB. L. NO. 101-410),
 plus  three  times  the  amount  of all damages, including consequential
 damages, which the state or local government sustains because of the act
 of that person.
   § 2. This act shall take effect immediately.
 
                                  PART K

   Section 1.  Section 3612 of the public health law is amended by adding
 a new subdivision 8 to read as follows:

 A. 9507--B                         22
 
   8. (A) THE COMMISSIONER MAY REQUIRE A CERTIFIED HOME HEALTH AGENCY  OR
 LICENSED  HOME  CARE  SERVICES AGENCY TO REPORT ON THE COSTS INCURRED BY
 THE CERTIFIED HOME HEALTH AGENCY OR LICENSED HOME CARE  SERVICES  AGENCY
 IN RENDERING HEALTH CARE SERVICES TO MEDICAID BENEFICIARIES. THE DEPART-
 MENT  OF  HEALTH  MAY  SPECIFY THE FREQUENCY AND FORMAT OF SUCH REPORTS,
 DETERMINE THE TYPE AND  AMOUNT  OF  INFORMATION  TO  BE  SUBMITTED,  AND
 REQUIRE  THE  SUBMISSION OF SUPPORTING DOCUMENTATION, PROVIDED, HOWEVER,
 THAT THE DEPARTMENT SHALL PROVIDE NO LESS  THAN  NINETY  CALENDAR  DAYS'
 NOTICE BEFORE SUCH REPORTS ARE DUE.
   (B)  IF  THE DEPARTMENT DETERMINES THAT THE COST REPORT SUBMITTED BY A
 PROVIDER IS INACCURATE OR INCOMPLETE, THE DEPARTMENT  SHALL  NOTIFY  THE
 PROVIDER  IN  WRITING AND ADVISE THE PROVIDER OF THE CORRECTION OR ADDI-
 TIONAL INFORMATION THAT THE PROVIDER  MUST  SUBMIT.  THE  PROVIDER  MUST
 SUBMIT  THE  CORRECTED  OR ADDITIONAL INFORMATION WITHIN THIRTY CALENDAR
 DAYS FROM THE DATE THE PROVIDER RECEIVES THE NOTICE.
   (C) THE DEPARTMENT SHALL GRANT A PROVIDER AN ADDITIONAL THIRTY  CALEN-
 DAR  DAYS  TO  SUBMIT  THE ORIGINAL, CORRECTED OR ADDITIONAL COST REPORT
 WHEN THE PROVIDER, PRIOR TO THE DATE THE REPORT IS DUE, SUBMITS A  WRIT-
 TEN  REQUEST  TO  THE DEPARTMENT FOR AN EXTENSION AND ESTABLISHES TO THE
 DEPARTMENT'S SATISFACTION THAT THE PROVIDER CANNOT SUBMIT THE REPORT  BY
 THE DATE DUE FOR REASONS BEYOND THE PROVIDER'S CONTROL.
   (D)  ALL REPORTS SHALL BE CERTIFIED BY THE OWNER, ADMINISTRATOR, CHIEF
 EXECUTIVE OFFICER, OR PUBLIC OFFICIAL RESPONSIBLE FOR THE  OPERATION  OF
 THE  PROVIDER.  THE COST REPORT FORM SHALL INCLUDE A CERTIFICATION FORM,
 WHICH SHALL SPECIFY WHO MUST CERTIFY THE REPORT.
   § 1-a. Subdivision 4-a of section 365-f of the social services law  is
 amended by adding a new paragraph (i) to read as follows:
   (I)  (I)  THE COMMISSIONER MAY REQUIRE A FISCAL INTERMEDIARY TO REPORT
 ON THE DIRECT CARE  AND  ADMINISTRATIVE  COSTS  OF  PERSONAL  ASSISTANCE
 SERVICES AS ACCOUNTED FOR BY THE FISCAL INTERMEDIARY. THE DEPARTMENT MAY
 SPECIFY THE FREQUENCY AND FORMAT OF SUCH REPORTS, DETERMINE THE TYPE AND
 AMOUNT  OF  INFORMATION  TO  BE SUBMITTED, AND REQUIRE THE SUBMISSION OF
 SUPPORTING DOCUMENTATION, PROVIDED, HOWEVER, THAT THE  DEPARTMENT  SHALL
 PROVIDE  NO  LESS  THAN NINETY CALENDAR DAYS' NOTICE BEFORE SUCH REPORTS
 ARE DUE.
   (II) IF THE DEPARTMENT DETERMINES THAT THE COST REPORT SUBMITTED BY  A
 PROVIDER  IS  INACCURATE  OR INCOMPLETE, THE DEPARTMENT SHALL NOTIFY THE
 PROVIDER IN WRITING AND ADVISE THE PROVIDER OF THE CORRECTION  OR  ADDI-
 TIONAL  INFORMATION  THAT  THE  PROVIDER  MUST SUBMIT. THE PROVIDER MUST
 SUBMIT THE CORRECTED OR ADDITIONAL INFORMATION  WITHIN  THIRTY  CALENDAR
 DAYS FROM THE DATE THE PROVIDER RECEIVES THE NOTICE.
   (III)  THE  DEPARTMENT  SHALL  GRANT  A  PROVIDER AN ADDITIONAL THIRTY
 CALENDAR DAYS TO SUBMIT  THE  ORIGINAL,  CORRECTED  OR  ADDITIONAL  COST
 REPORT WHEN THE PROVIDER, PRIOR TO THE DATE THE REPORT IS DUE, SUBMITS A
 WRITTEN  REQUEST  TO  THE DEPARTMENT FOR AN EXTENSION AND ESTABLISHES TO
 THE DEPARTMENT'S SATISFACTION THAT THE PROVIDER CANNOT SUBMIT THE REPORT
 BY THE DATE DUE FOR REASONS BEYOND THE PROVIDER'S CONTROL.
   (IV) ALL REPORTS SHALL BE CERTIFIED BY THE OWNER, ADMINISTRATOR, CHIEF
 EXECUTIVE OFFICER, OR PUBLIC OFFICIAL RESPONSIBLE FOR THE  OPERATION  OF
 THE  PROVIDER.  THE COST REPORT FORM SHALL INCLUDE A CERTIFICATION FORM,
 WHICH SHALL SPECIFY WHO MUST CERTIFY THE REPORT.
   § 2. 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 1 of part G of chapter 57 of the  laws  of  2017,  is
 amended to read as follows:

 A. 9507--B                         23
 
   1.  For  state  fiscal  years  2011-12  through [2018-19] 2019-20, the
 director of the budget, in consultation with the commissioner of  health
 referenced  as "commissioner" for purposes of this section, shall assess
 on a monthly basis, as reflected in monthly reports pursuant to subdivi-
 sion five of this section known and projected department of health state
 funds  medicaid  expenditures  by  category of service and by geographic
 regions, as defined by the commissioner, and  if  the  director  of  the
 budget  determines that such expenditures are expected to cause medicaid
 disbursements for such period to  exceed  the  projected  department  of
 health  medicaid  state funds disbursements in the enacted budget finan-
 cial plan pursuant to subdivision 3 of section 23 of the  state  finance
 law,  the  commissioner  of health, in consultation with the director of
 the budget, shall develop a medicaid savings allocation  plan  to  limit
 such  spending  to  the  aggregate  limit level specified in the enacted
 budget financial  plan,  provided,  however,  such  projections  may  be
 adjusted by the director of the budget to account for any changes in the
 New  York state federal medical assistance percentage amount established
 pursuant to the federal social security act, changes in provider  reven-
 ues,  reductions  to  local  social services district medical assistance
 administration, minimum wage increases, and beginning April 1, 2012  the
 operational costs of the New York state medical indemnity fund and state
 costs  or  savings  from the basic health plan.  Such projections may be
 adjusted by the director of the budget to account for increased or expe-
 dited department of health state funds medicaid expenditures as a result
 of a natural or other type of disaster, including a governmental  decla-
 ration of emergency.
   § 3. This act shall take effect immediately.
 
                                  PART L
 
                           Intentionally Omitted
 
                                  PART M
 
   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 15 of part H of chapter 57 of the laws  of  2017,  is
 amended to read as follows:
   (a)  The  superintendent of 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 coverage, as author-
 ized by paragraph 1 of subsection (e) of section 5502 of  the  insurance
 law; or from an insurer, other than an insurer described in section 5502
 of the insurance law, duly authorized to write such coverage and actual-
 ly  writing  medical  malpractice  insurance  in  this  state;  or shall
 purchase equivalent excess coverage in a form previously approved by the
 superintendent of financial services for purposes  of  providing  equiv-
 alent  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,

 A. 9507--B                         24
 
 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, between  July
 1,  2014  and  June  30,  2015,  between July 1, 2015 and June 30, 2016,
 between July 1, 2016 and June 30, 2017, [and] between July 1,  2017  and
 June  30,  2018, AND BETWEEN JULY 1, 2018 AND JUNE 30, 2019 or reimburse
 the hospital where the hospital purchases equivalent excess coverage  as
 defined  in subparagraph (i) of paragraph (a) of subdivision 1-a of this
 section for medical or dental malpractice occurrences  between  July  1,
 1987  and June 30, 1988, between July 1, 1988 and June 30, 1989, between
 July 1, 1989 and June 30, 1990, between July 1, 1990 and June 30,  1991,
 between  July  1,  1991 and June 30, 1992, between July 1, 1992 and June
 30, 1993, between July 1, 1993 and June 30, 1994, between July  1,  1994
 and  June 30, 1995, between July 1, 1995 and June 30, 1996, between July
 1, 1996 and June 30, 1997, between July  1,  1997  and  June  30,  1998,
 between  July  1,  1998 and June 30, 1999, between July 1, 1999 and June
 30, 2000, between July 1, 2000 and June 30, 2001, between July  1,  2001
 and  June 30, 2002, between July 1, 2002 and June 30, 2003, between July
 1, 2003 and June 30, 2004, between July  1,  2004  and  June  30,  2005,
 between  July  1,  2005 and June 30, 2006, between July 1, 2006 and June
 30, 2007, between July 1, 2007 and June 30, 2008, between July  1,  2008
 and  June 30, 2009, between July 1, 2009 and June 30, 2010, between July
 1, 2010 and June 30, 2011, between July  1,  2011  and  June  30,  2012,
 between  July  1,  2012 and June 30, 2013, between July 1, 2013 and June
 30, 2014, between July 1, 2014 and June 30, 2015, between July  1,  2015
 and June 30, 2016, between July 1, 2016 and June 30, 2017, [and] between
 July  1,  2017  and June 30, 2018, AND BETWEEN JULY 1, 2018 AND JUNE 30,
 2019 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 individ-
 ual  policy,  from an insurer licensed in this state of primary malprac-
 tice insurance coverage in amounts of no less  than  one  million  three
 hundred  thousand  dollars  for  each  claimant  and  three million nine
 hundred thousand dollars for all claimants under that policy during  the
 period  of  such  excess coverage for such occurrences or be endorsed as
 additional insureds under a hospital professional liability policy which
 is  offered  through  a  voluntary  attending  physician  ("channeling")
 program previously permitted by the superintendent of financial services
 during  the  period of such excess coverage for such occurrences. 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

 A. 9507--B                         25
 
 policies with respect to occurrences in each  of  such  years  provided,
 however, if the cost of primary malpractice insurance coverage in excess
 of  one million dollars, but below the excess medical malpractice insur-
 ance  coverage  provided  pursuant to this act, exceeds the rate of nine
 percent per annum, then the required level of primary malpractice insur-
 ance coverage in excess of one million dollars for each  claimant  shall
 be  in  an  amount  of  not less than the dollar amount of such coverage
 available at nine percent per annum; the required level of such coverage
 for all claimants under that policy shall be in an amount not less  than
 three  times the dollar amount of coverage for each claimant; and excess
 coverage, when combined with such primary malpractice  insurance  cover-
 age, shall increase the aggregate level for each claimant by one million
 dollars  and  three  million  dollars  for  all  claimants; and provided
 further, that, with respect to policies of primary  medical  malpractice
 coverage  that  include  occurrences  between April 1, 2002 and June 30,
 2002, such requirement that coverage be in  amounts  no  less  than  one
 million  three  hundred  thousand  dollars  for  each claimant and three
 million nine hundred thousand dollars for all claimants for such  occur-
 rences shall be effective April 1, 2002.
   §  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 16
 of part H of chapter 57 of the laws of  2017,  is  amended  to  read  as
 follows:
   (3)(a)  The  superintendent  of 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, between July 1,  2014  and  June
 30,  2015,  between  July 1, 2015 and June 30, 2016, and between July 1,
 2016 and June 30, 2017, [and] between July 1, 2017 and  June  30,  2018,
 AND  BETWEEN  JULY  1,  2018 AND JUNE 30, 2019 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 deter-
 mination and certification as necessary.
   (b) The superintendent  of  financial  services  shall  determine  and
 certify  to  each general hospital and to the commissioner of health the
 cost of excess malpractice insurance or equivalent excess  coverage  for
 medical  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

 A. 9507--B                         26
 
 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,
 between  July  1,  2014 and June 30, 2015, between July 1, 2015 and June
 30, 2016, [and] between July 1, 2016 and June 30,  2017,  [and]  between
 July  1,  2017  and June 30, 2018, AND BETWEEN JULY 1, 2018 AND JUNE 30,
 2019 allocable to each  general  hospital  for  physicians  or  dentists
 certified  as  eligible  for  purchase  of a policy for excess insurance
 coverage or equivalent excess  coverage  by  such  general  hospital  in
 accordance with subdivision 2 of this section, and may amend such deter-
 mination and certification as necessary. The superintendent of 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, to the period July 1, 2014 and  June  30,  2015,  to  the
 period July 1, 2015 and June 30, 2016, and between July 1, 2016 and June
 30,  2017, and to the period July 1, 2017 [and] TO June 30, 2018, AND TO
 THE PERIOD JULY 1, 2018 TO JUNE 30, 2019.
   § 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

 A. 9507--B                         27
 
 and  rules  and  other  laws  relating  to  malpractice and professional
 medical conduct, as amended by section 17 of part H of chapter 57 of the
 laws of 2017, 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, during the period July 1, 2014  to
 June  30,  2015,  during the period July 1, 2015 [and] TO June 30, 2016,
 during the period July 1, 2016 [and] TO June 30, 2017, [and] during  the
 period  July  1, 2017 [and] TO June 30, 2018, AND DURING THE PERIOD JULY
 1, 2018 TO JUNE 30, 2019 allocated or  reallocated  in  accordance  with
 paragraph  (a)  of  subdivision  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  cover-
 age is purchased for such period shall be responsible for payment to the
 provider  of  excess insurance coverage or equivalent excess coverage of
 an allocable share of such insufficiency, based  on  the  ratio  of  the
 total  cost  of such coverage for such physician to the sum of the total
 cost of such coverage for all physicians applied to such insufficiency.
   (b) Each provider of excess insurance coverage  or  equivalent  excess
 coverage  covering the period July 1, 1992 to June 30, 1993, or covering
 the period July 1, 1993 to June 30, 1994, or covering the period July 1,
 1994 to June 30, 1995, or covering the period July 1, 1995 to  June  30,
 1996,  or covering the period July 1, 1996 to June 30, 1997, or covering
 the period July 1, 1997 to June 30, 1998, or covering the period July 1,
 1998 to June 30, 1999, or covering the period July 1, 1999 to  June  30,
 2000,  or covering the period July 1, 2000 to June 30, 2001, or covering
 the period July 1, 2001 to October 29,  2001,  or  covering  the  period
 April  1,  2002 to June 30, 2002, or covering the period July 1, 2002 to
 June 30, 2003, or covering the period July 1, 2003 to June 30, 2004,  or
 covering the period July 1, 2004 to June 30, 2005, or covering the peri-
 od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
 June  30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
 covering the period July 1, 2008 to June 30, 2009, or covering the peri-
 od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
 June 30, 2011, or covering the period July 1, 2011 to June 30, 2012,  or
 covering the period July 1, 2012 to June 30, 2013, or covering the peri-
 od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to

 A. 9507--B                         28
 
 June  30, 2015, or covering the period July 1, 2015 to June 30, 2016, or
 covering the period July 1, 2016 to June 30, 2017, or covering the peri-
 od July 1, 2017 to June 30, 2018, OR COVERING THE PERIOD JULY 1, 2018 TO
 JUNE  30,  2019  shall  notify  a  covered physician or dentist by mail,
 mailed to the address shown on the last application for excess insurance
 coverage or equivalent excess  coverage,  of  the  amount  due  to  such
 provider  from such physician or dentist for such coverage period deter-
 mined in accordance with paragraph (a) of this subdivision. Such  amount
 shall  be  due from such physician or dentist to such provider of excess
 insurance coverage or equivalent excess coverage in a  time  and  manner
 determined by the superintendent of 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, or covering
 the period July 1, 2016 to June 30, 2017, or covering the period July 1,
 2017 to June 30, 2018, OR COVERING THE PERIOD JULY 1, 2018 TO  JUNE  30,
 2019  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 financial services pursuant to
 paragraph (b) of this subdivision, excess insurance coverage  or  equiv-
 alent excess coverage purchased for such physician or dentist in accord-
 ance  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 financial services and the
 commissioner of health or their designee of each physician  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 cover-

 A. 9507--B                         29
 
 ing  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 peri-
 od 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 peri-
 od 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 peri-
 od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
 June  30, 2016, or covering the period July 1, 2016 to June 30, 2017, or
 covering the period July 1, 2017 to June 30, 2018, OR COVERING THE PERI-
 OD JULY 1, 2018 TO JUNE 30, 2019 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, to the period July 1, 2016 to June 30, 2017, and
 to the period July 1, 2017 to June 30, 2018, AND TO THE PERIOD  JULY  1,
 2018  TO  JUNE 30, 2019 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

 A. 9507--B                         30
 
 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, and covering the period July 1,
 2016 to June 30, 2017, and covering the period July 1, 2017 to June  30,
 2018, AND COVERING THE PERIOD JULY 1, 2018 TO JUNE 30, 2019 for a physi-
 cian  or  dentist  where  such  excess  insurance coverage or equivalent
 excess coverage is cancelled in accordance with paragraph  (c)  of  this
 subdivision.
   § 4. Section 40 of chapter 266 of the laws of 1986, amending the civil
 practice  law  and  rules  and  other  laws  relating to malpractice and
 professional medical conduct, as amended by section  18  of  part  H  of
 chapter 57 of the laws of 2017, is amended to read as follows:
   §  40.  The superintendent of 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,
 [2018] 2019; 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  establish  segregated
 accounts  for premiums, payments, reserves and investment income attrib-
 utable to such premium periods and shall require periodic reports by the
 insurers regarding claims and expenses attributable to such  periods  to
 monitor whether such accounts will be sufficient to meet incurred claims
 and  expenses. On or after July 1, 1989, the superintendent shall impose
 a surcharge on premiums  to  satisfy  a  projected  deficiency  that  is
 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, [2018]
 2019, at which time and thereafter such surcharge shall not exceed twen-
 ty-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, [2018]
 2019 policy periods; in the event  and  to  the  extent  physicians  and
 surgeons  were  insured by another insurer during such periods, all or a
 pro rata share of the surcharge, as the case may be, shall  be  remitted
 to  such  other  insurer  in accordance with rules and regulations to be
 promulgated by the superintendent.  Surcharges collected from physicians
 and surgeons who were not insured during such policy  periods  shall  be
 apportioned  among  all insurers in proportion to the premium written by
 each insurer during such policy periods; if a physician or  surgeon  was
 insured by an insurer subject to rates established by the superintendent
 during  such  policy  periods,  and  at  any time thereafter a hospital,
 health maintenance organization, employer or institution is  responsible
 for  responding in damages for liability arising out of such physician's
 or surgeon's practice of medicine, such responsible  entity  shall  also
 remit  to  such  prior  insurer the equivalent amount that would then be
 collected as a surcharge if the physician or surgeon  had  continued  to
 remain  insured  by  such  prior  insurer. In the event any insurer that
 provided coverage during such policy  periods  is  in  liquidation,  the
 property/casualty  insurance  security fund shall receive the portion of
 surcharges to which the insurer in liquidation would have been entitled.

 A. 9507--B                         31
 
 The surcharges authorized herein shall be deemed to be income earned for
 the purposes of section 2303 of the insurance law.  The  superintendent,
 in  establishing  adequate  rates and in determining any projected defi-
 ciency  pursuant  to  the requirements of this section and the insurance
 law, shall give substantial weight, determined  in  his  discretion  and
 judgment,  to  the  prospective  anticipated  effect  of any regulations
 promulgated and laws enacted and the  public  benefit  of    stabilizing
 malpractice rates and minimizing rate level fluctuation during the peri-
 od  of  time  necessary for the development of more reliable statistical
 experience as to the efficacy of such  laws  and  regulations  affecting
 medical, dental or podiatric malpractice enacted or promulgated in 1985,
 1986,  by this act and at any other time.  Notwithstanding any provision
 of the insurance law, rates already established and to be established by
 the superintendent pursuant to this section are deemed adequate if  such
 rates  would be adequate when taken together with the maximum authorized
 annual surcharges to be imposed for a reasonable period of time  whether
 or  not  any  such  annual surcharge has been actually imposed as of the
 establishment of such rates.
   § 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, relating to the  effec-
 tiveness of certain provisions of such chapter, as amended by section 19
 of  part  H  of  chapter  57 of the laws of 2017, are amended to read as
 follows:
   § 5. The superintendent of 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, June 15, 2015, June 15, 2016, June 15, 2017, [and]
 June 15, 2018, AND JUNE 15, 2019 the amount of funds  available  in  the
 hospital  excess liability pool, created pursuant to section 18 of chap-
 ter 266 of the laws of 1986, and whether such funds are  sufficient  for
 purposes  of  purchasing  excess insurance coverage for eligible partic-
 ipating 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, or July 1, 2016 to June 30, 2017, or [to] July 1, 2017 to June 30,
 2018, OR JULY 1, 2018 TO JUNE 30, 2019 as applicable.
   (a) This section shall be effective only upon a determination,  pursu-
 ant  to  section  five  of  this act, by the superintendent of 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 liabil-
 ity pool, created pursuant to section 18 of chapter 266 of the  laws  of
 1986, is insufficient for purposes of purchasing excess insurance cover-
 age 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

 A. 9507--B                         32
 
 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, or July 1, 2016 to June 30, 2017, or July  1,  2017  to  June  30,
 2018, OR JULY 1, 2018 TO JUNE 30, 2019 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  financial  services  for  the purchase of excess liability insurance
 coverage for eligible participating  physicians  and  dentists  for  the
 policy  year  July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30,
 2003, or July 1, 2003 to June 30, 2004, or July  1,  2004  to  June  30,
 2005,  or  July  1,  2005  to June 30, 2006, or July 1, 2006 to June 30,
 2007, as applicable, and the cost of administering the  hospital  excess
 liability pool for such applicable policy year,  pursuant to the program
 established  in  chapter  266  of the laws of 1986, as amended, no later
 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,  June  15,
 2015,  June  15,  2016, June 15, 2017, [and] June 15, 2018, AND JUNE 15,
 2019 as applicable.
   § 6. Section 20 of part H of chapter 57 of the laws of 2017,  amending
 the  New  York Health Care Reform Act of 1996 and other laws relating to
 extending certain provisions thereto, is amended to read as follows:
   § 20. Notwithstanding any law, rule or  regulation  to  the  contrary,
 only  physicians  or dentists who were eligible, and for whom the super-
 intendent of financial services and the commissioner of health, or their
 designee, purchased, with funds available in the hospital excess liabil-
 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 [seventeen] EIGHTEEN, shall be eligible to apply  for  such
 coverage  for the coverage period beginning the first of July, two thou-
 sand [seventeen] EIGHTEEN; 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 [seventeen] EIGHTEEN exceeds the total number of
 physicians or dentists certified as eligible  for  the  coverage  period
 beginning the first of July, two thousand [seventeen] EIGHTEEN, 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 thirtieth of June, two thousand
 [seventeen] EIGHTEEN, 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 [seventeen] EIGHTEEN and the number
 of such eligible physicians or dentists  who  have  applied  for  excess
 coverage or equivalent excess coverage for the coverage period beginning
 the first of July, two thousand [seventeen] EIGHTEEN.
   § 7. This act shall take effect immediately.
 
                                  PART N
 
                           Intentionally Omitted

 A. 9507--B                         33
 
                                  PART O
 
   Section 1. Intentionally omitted.
   § 2. Intentionally omitted.
   § 3. Intentionally omitted.
   § 4. Intentionally omitted.
   § 5. Intentionally omitted.
   § 6. Intentionally omitted.
   § 7. Intentionally omitted.
   § 8. Intentionally omitted.
   § 9. Intentionally omitted.
   § 10. Intentionally omitted.
   § 11. Intentionally omitted.
   § 12. Intentionally omitted.
   § 13. Intentionally omitted.
   § 14. Intentionally omitted.
   § 15. Intentionally omitted.
   § 16. Intentionally omitted.
   §  17.  Providers  of  early intervention services shall receive a two
 percent increase  in  rates  of  reimbursement  for  early  intervention
 services provided that for payments made for early intervention services
 to  persons  eligible for medical assistance pursuant to title eleven of
 article five of the social services law, the two percent increase  shall
 be subject to the availability of federal financial participation.
   §  17-a.  The  public  health  law  is amended by adding a new section
 2807-o to read as follows:
   § 2807-O.  EARLY  INTERVENTION  SERVICES  POOL.  1.  DEFINITIONS.  THE
 FOLLOWING  WORDS  OR  PHRASES  AS  USED  IN  THIS SECTION SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "EARLY INTERVENTION SERVICES" SHALL MEAN SERVICES DELIVERED TO  AN
 ELIGIBLE  CHILD, PURSUANT TO AN INDIVIDUALIZED FAMILY SERVICE PLAN UNDER
 THE EARLY INTERVENTION PROGRAM.
   (B) "EARLY INTERVENTION PROGRAM" SHALL  MEAN  THE  EARLY  INTERVENTION
 PROGRAM  FOR TODDLERS WITH DISABILITIES AND THEIR FAMILIES AS CREATED BY
 TITLE TWO-A OF ARTICLE TWENTY-FIVE OF THIS CHAPTER.
   (C) "MUNICIPALITY" SHALL MEAN ANY COUNTY OUTSIDE OF THE  CITY  OF  NEW
 YORK OR THE CITY OF NEW YORK.
   2.  PAYMENTS  FOR  EARLY  INTERVENTION  SERVICES. (A) THE COMMISSIONER
 SHALL, FROM FUNDS ALLOCATED FOR SUCH  PURPOSE  UNDER  PARAGRAPH  (G)  OF
 SUBDIVISION SIX OF SECTION TWENTY-EIGHT HUNDRED SEVEN-S OF THIS ARTICLE,
 MAKE  PAYMENTS TO MUNICIPALITIES AND THE STATE FOR THE DELIVERY OF EARLY
 INTERVENTION SERVICES.
   (B) PAYMENTS UNDER THIS SUBDIVISION SHALL BE  MADE  TO  MUNICIPALITIES
 AND  THE  STATE  BY THE COMMISSIONER. EACH MUNICIPALITY AND THE STATE OF
 NEW YORK SHALL RECEIVE A SHARE OF SUCH PAYMENTS  EQUAL  TO  ITS  PROPOR-
 TIONATE  SHARE  OF THE TOTAL APPROVED STATEWIDE DOLLARS NOT REIMBURSABLE
 BY THE MEDICAL ASSISTANCE PROGRAM PAID  TO  PROVIDERS  OF  EARLY  INTER-
 VENTION  SERVICES  BY  THE  STATE AND MUNICIPALITIES ON ACCOUNT OF EARLY
 INTERVENTION SERVICES IN THE LAST COMPLETE STATE FISCAL YEAR  FOR  WHICH
 SUCH DATA IS AVAILABLE.
   §  17-b.  Subdivision  6 of section 2807-s of the public health law is
 amended by adding two new paragraphs (g) and (h) to read as follows:
   (G) A FURTHER GROSS STATEWIDE AMOUNT FOR THE  STATE  FISCAL  YEAR  TWO
 THOUSAND  NINETEEN  AND EACH STATE FISCAL YEAR THEREAFTER SHALL BE TWEN-
 TY-FIVE MILLION DOLLARS.

 A. 9507--B                         34
 
   (H) THE AMOUNT SPECIFIED IN PARAGRAPH (G) OF THIS SUBDIVISION SHALL BE
 ALLOCATED UNDER SECTION TWENTY-EIGHT HUNDRED  SEVEN-O  OF  THIS  ARTICLE
 AMONG THE MUNICIPALITIES AND THE STATE OF NEW YORK BASED ON EACH MUNICI-
 PALITY'S  SHARE  AND  THE  STATE'S  SHARE  OF EARLY INTERVENTION PROGRAM
 EXPENDITURES  NOT REIMBURSABLE BY THE MEDICAL ASSISTANCE PROGRAM FOR THE
 LATEST TWELVE MONTH PERIOD FOR WHICH SUCH DATA IS AVAILABLE.
   § 17-c. Subdivision 7 of section 2807-s of the public  health  law  is
 amended by adding a new paragraph (d) to read as follows:
   (D)  FUNDS  SHALL  BE ADDED TO THE FUNDS COLLECTED BY THE COMMISSIONER
 FOR DISTRIBUTION IN ACCORDANCE WITH SECTION TWENTY-EIGHT HUNDRED SEVEN-O
 OF THIS ARTICLE, IN THE FOLLOWING AMOUNT: FIFTEEN  MILLION  DOLLARS  FOR
 THE  PERIOD BEGINNING APRIL FIRST, TWO THOUSAND NINETEEN, AND CONTINUING
 EACH STATE FISCAL YEAR THEREAFTER.
   § 17-d. Subdivision 1 of section 2557 of the  public  health  law,  as
 amended  by  section  4  of  part C of chapter 1 of the laws of 2002, is
 amended to read as follows:
   1. The approved costs for an eligible child who receives an evaluation
 and early intervention services pursuant to this title shall be a charge
 upon the municipality wherein the eligible child resides or,  where  the
 services  are covered by the medical assistance program, upon the social
 services district of fiscal responsibility with respect to those  eligi-
 ble  children who are also eligible for medical assistance. All approved
 costs shall be paid in the first instance and at least quarterly by  the
 appropriate  governing body or officer of the municipality upon vouchers
 presented and audited in the same manner as the  case  of  other  claims
 against  the  municipality.  Notwithstanding  the insurance law or regu-
 lations thereunder relating to the permissible exclusion of payments for
 services under governmental programs, no such exclusion shall apply with
 respect to payments made pursuant to  this  title.  Notwithstanding  the
 insurance  law  or  any other law or agreement to the contrary, benefits
 under this title shall be considered secondary to [any plan of insurance
 or state government benefit] THE MEDICAL ASSISTANCE program under  which
 an  eligible  child  may  have  coverage. [Nothing in this section shall
 increase or enhance coverages provided for within an insurance  contract
 subject to the provisions of this title.]
   §  17-e.  Subdivision  2  of section 2557 of the public health law, as
 amended by section 9-a of part A of chapter 56 of the laws of  2012,  is
 amended to read as follows:
   2. The department shall reimburse the approved costs paid by a munici-
 pality  for the purposes of this title, other than those reimbursable by
 the medical assistance program [or by third party payors], in an  amount
 of fifty percent of the amount expended in accordance with the rules and
 regulations   of  the  commissioner;  provided,  however,  that  in  the
 discretion of the department and with the approval of  the  director  of
 the  division of the budget, the department may reimburse municipalities
 in an amount greater than fifty percent of  the  amount  expended.  Such
 state reimbursement to the municipality shall not be paid prior to April
 first  of  the  year in which the approved costs are paid by the munici-
 pality, provided, however that, subject to the approval of the  director
 of  the  budget,  the department may pay such state aid reimbursement to
 the municipality prior to such date.
   § 17-f. The section heading of section 2559 of the public health  law,
 as  added  by  chapter  428  of  the laws of 1992, is amended to read as
 follows:
   [Third  party  insurance  and  medical]  MEDICAL  assistance   program
 payments.

 A. 9507--B                         35
 
   §  17-g.  Subdivision  3  of section 2559 of the public health law, as
 added by chapter 428 of the laws of 1992, paragraphs (a), (c) and (d) as
 amended by section 11 of part A of chapter 56 of the laws  of  2012  and
 paragraph  (b) as further amended by section 104 of part A of chapter 62
 of the laws of 2011, is amended to read as follows:
   3.  (a)  [Providers  of  evaluations  and early intervention services,
 hereinafter collectively referred to in this subdivision  as  "provider"
 or  "providers",  shall in the first instance and where applicable, seek
 payment from all third  party  payors  including  governmental  agencies
 prior  to  claiming  payment  from  a given municipality for evaluations
 conducted under the program and for services rendered to eligible  chil-
 dren, provided that, the obligation to seek payment shall not apply to a
 payment  from  a  third  party payor who is not prohibited from applying
 such payment, and will apply such payment,  to  an  annual  or  lifetime
 limit specified in the insured's policy.
   (i)  Parents  shall  provide  the municipality and service coordinator
 information on any insurance policy, plan or  contract  under  which  an
 eligible child has coverage.
   (ii)] Parents shall provide the municipality and the service coordina-
 tor  with  a written referral from a primary care provider as documenta-
 tion, for eligible children, of the medical necessity  of  early  inter-
 vention services.
   [(iii)  providers] (B) PROVIDERS shall utilize the department's fiscal
 agent and data system for claiming payment for evaluations and  services
 rendered under the early intervention program.
   [(b) The commissioner, in consultation with the director of budget and
 the  superintendent  of financial services, shall promulgate regulations
 providing public reimbursement for deductibles and copayments which  are
 imposed  under  an insurance policy or health benefit plan to the extent
 that such deductibles and copayments  are  applicable  to  early  inter-
 vention services.
   (c)  Payments  made for early intervention services under an insurance
 policy or health benefit plan, including payments made  by  the  medical
 assistance  program  or  other governmental third party payor, which are
 provided as part of an IFSP  pursuant  to  section  twenty-five  hundred
 forty-five  of  this  title  shall not be applied by the insurer or plan
 administrator against any maximum lifetime or annual limits specified in
 the policy or health benefits plan, pursuant to section  eleven  of  the
 chapter  of  the  laws  of  nineteen hundred ninety-two which added this
 title.
   (d)] (C) A municipality, or its designee,  and  a  provider  shall  be
 subrogated,  to  the  extent of the expenditures by such municipality or
 for early intervention services furnished to persons eligible for  bene-
 fits under this title, to any rights such person may have or be entitled
 to  from [third party reimbursement] THE MEDICAL ASSISTANCE PROGRAM. The
 provider shall submit notice to the insurer or plan administrator of his
 or her exercise of such right of subrogation upon the provider's assign-
 ment as the early intervention service provider for the child. The right
 of subrogation does not attach to benefits paid or provided  [under  any
 health  insurance  policy  or  health benefits plan] prior to receipt of
 written notice of the exercise of subrogation rights [by the insurer  or
 plan  administrator providing such benefits]. NOTWITHSTANDING ANY INCON-
 SISTENT PROVISION OF THIS TITLE, EXCEPT AS PROVIDED FOR HEREIN, NO THIRD
 PARTY PAYOR OTHER THAN THE MEDICAL ASSISTANCE PROGRAM SHALL BE  REQUIRED
 TO REIMBURSE FOR EARLY INTERVENTION SERVICES PROVIDED UNDER THIS TITLE.

 A. 9507--B                         36
 
   §  17-h.  Subdivision  3  of  section 2543 of the public health law is
 REPEALED.
   § 17-i. Section 3235-a of the insurance law is REPEALED.
   §  17-j. Subparagraph (F) of paragraph 25 of subsection (i) of section
 3216 of the insurance law is REPEALED.
   § 17-k. Subparagraph (F) of paragraph 17 of subsection (1) of  section
 3221 of the insurance law is REPEALED.
   §  17-l.  Paragraph 6 of subsection (ee) of section 4303 of the insur-
 ance law is REPEALED.
   § 18. This act shall take effect immediately; provided, however,  that
 the  amendments  to  section  2807-s  of  the  public health law made by
 sections seventeen-b and seventeen-c of this act shall  not  affect  the
 expiration  of  such  section  and  shall be deemed to expire therewith.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized to be made and completed by the commissioner of
 health, on or before such effective date.
 
                                  PART P
 
   Section 1. The opening paragraph of paragraph (b) of  subdivision  5-a
 of  section  2807-m of the public health law, as amended by section 6 of
 part H of chapter 57 of the laws of 2017, is amended to read as follows:
   Nine million one hundred twenty  thousand  dollars  annually  for  the
 period  January  first, two thousand nine through December thirty-first,
 two thousand ten, and two million two hundred  eighty  thousand  dollars
 for  the  period January first, two thousand eleven, through March thir-
 ty-first, two thousand eleven, nine million one hundred twenty  thousand
 dollars  each state fiscal year for the period April first, two thousand
 eleven through March thirty-first, two thousand fourteen,  up  to  eight
 million  six  hundred twelve thousand dollars each state fiscal year for
 the period April first, two  thousand  fourteen  through  March  thirty-
 first,  two  thousand  seventeen,  and  up  to eight million six hundred
 twelve thousand dollars each state fiscal  year  for  the  period  April
 first,  two  thousand seventeen through March thirty-first, two thousand
 [twenty] EIGHTEEN, shall be set aside and reserved by  the  commissioner
 from  the regional pools established pursuant to subdivision two of this
 section to be allocated regionally  with  two-thirds  of  the  available
 funding  going  to  New York city and one-third of the available funding
 going to the rest of the state and shall be available  for  distribution
 as follows:
   §  2. Subparagraph (xiii) of paragraph (a) of subdivision 7 of section
 2807-s of the public health law, as amended by section 4 of  part  H  of
 chapter 57 of the laws of 2017, is amended to read as follows:
   (xiii)  twenty-three million eight hundred thirty-six thousand dollars
 each state fiscal year for the period April first, two  thousand  twelve
 through  March  thirty-first, TWO THOUSAND EIGHTEEN, AND FIFTEEN MILLION
 TWO HUNDRED TWENTY-FOUR THOUSAND DOLLARS FOR EACH STATE FISCAL YEAR  FOR
 THE  PERIOD  APRIL  FIRST,  TWO  THOUSAND EIGHTEEN THROUGH MARCH THIRTY-
 FIRST, two thousand twenty;
   § 3. Intentionally omitted.
   § 4. This act shall take effect immediately; provided,  however,  that
 the  amendments to subparagraph (xiii) of paragraph (a) of subdivision 7
 of section 2807-s of the public health law made by section two  of  this
 act  shall not affect the expiration of such section and shall be deemed
 to expire therewith.

 A. 9507--B                         37
 
                                  PART Q
 
   Section  1.  The  public health law is amended by adding a new section
 2825-f to read as follows:
   § 2825-F. HEALTH CARE FACILITY TRANSFORMATION PROGRAM:  STATEWIDE III.
 1. A STATEWIDE HEALTH CARE FACILITY  TRANSFORMATION  PROGRAM  IS  HEREBY
 ESTABLISHED  UNDER  THE JOINT ADMINISTRATION OF THE COMMISSIONER AND THE
 PRESIDENT OF THE DORMITORY AUTHORITY OF THE STATE OF NEW  YORK  FOR  THE
 PURPOSE  OF STRENGTHENING AND PROTECTING CONTINUED ACCESS TO HEALTH CARE
 SERVICES IN COMMUNITIES. THE PROGRAM SHALL PROVIDE FUNDING IN SUPPORT OF
 CAPITAL PROJECTS, DEBT RETIREMENT, WORKING CAPITAL OR OTHER  NON-CAPITAL
 PROJECTS  THAT  FACILITATE HEALTH CARE TRANSFORMATION ACTIVITIES INCLUD-
 ING, BUT NOT LIMITED TO, MERGER,  CONSOLIDATION,  ACQUISITION  OR  OTHER
 ACTIVITIES  INTENDED  TO:  (A) CREATE FINANCIALLY SUSTAINABLE SYSTEMS OF
 CARE; (B) PRESERVE OR EXPAND ESSENTIAL HEALTH CARE SERVICES; (C) MODERN-
 IZE OBSOLETE FACILITY PHYSICAL PLANTS  AND  INFRASTRUCTURE;  (D)  FOSTER
 PARTICIPATION  IN  VALUE  BASED PAYMENTS ARRANGEMENTS INCLUDING, BUT NOT
 LIMITED TO, CONTRACTS WITH  MANAGED  CARE  PLANS  AND  ACCOUNTABLE  CARE
 ORGANIZATIONS;  (E) FOR RESIDENTIAL HEALTH CARE FACILITIES, INCREASE THE
 QUALITY OF RESIDENT CARE OR EXPERIENCE; OR (F) IMPROVE  HEALTH  INFORMA-
 TION  TECHNOLOGY INFRASTRUCTURE, INCLUDING TELEHEALTH, TO STRENGTHEN THE
 ACUTE, POST-ACUTE, PRIMARY CARE, AND LONG-TERM  CARE  CONTINUUM.  GRANTS
 SHALL  NOT BE AVAILABLE TO SUPPORT GENERAL OPERATING EXPENSES. THE ISSU-
 ANCE OF ANY BONDS OR NOTES HEREUNDER SHALL BE SUBJECT TO SECTION SIXTEEN
 HUNDRED EIGHTY-R OF THE PUBLIC AUTHORITIES LAW AND THE APPROVAL  OF  THE
 DIRECTOR  OF THE DIVISION OF THE BUDGET, AND ANY PROJECTS FUNDED THROUGH
 THE ISSUANCE OF BONDS OR NOTES HEREUNDER SHALL BE APPROVED  BY  THE  NEW
 YORK  STATE  PUBLIC AUTHORITIES CONTROL BOARD, AS REQUIRED UNDER SECTION
 FIFTY-ONE OF THE PUBLIC AUTHORITIES LAW.
   2. THE COMMISSIONER AND THE PRESIDENT OF THE DORMITORY AUTHORITY SHALL
 ENTER INTO AN AGREEMENT, SUBJECT TO APPROVAL  BY  THE  DIRECTOR  OF  THE
 BUDGET,  AND  SUBJECT  TO SECTION SIXTEEN HUNDRED EIGHTY-R OF THE PUBLIC
 AUTHORITIES LAW, FOR THE PURPOSES OF AWARDING, DISTRIBUTING, AND  ADMIN-
 ISTERING  THE  FUNDS MADE AVAILABLE PURSUANT TO THIS SECTION. SUCH FUNDS
 MAY BE DISTRIBUTED BY THE COMMISSIONER FOR GRANTS TO GENERAL  HOSPITALS,
 RESIDENTIAL HEALTH CARE FACILITIES, DIAGNOSTIC AND TREATMENT CENTERS AND
 CLINICS LICENSED PURSUANT TO THIS CHAPTER OR THE MENTAL HYGIENE LAW, AND
 COMMUNITY-BASED HEALTH CARE PROVIDERS AS DEFINED IN SUBDIVISION THREE OF
 THIS  SECTION  FOR  GRANTS  IN SUPPORT OF THE PURPOSES SET FORTH IN THIS
 SECTION. A COPY OF SUCH AGREEMENT, AND ANY AMENDMENTS THERETO, SHALL  BE
 PROVIDED  TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE
 ASSEMBLY WAYS AND MEANS COMMITTEE, AND THE DIRECTOR OF THE  DIVISION  OF
 THE  BUDGET  NO LATER THAN THIRTY DAYS PRIOR TO THE RELEASE OF A REQUEST
 FOR APPLICATIONS FOR FUNDING UNDER THIS PROGRAM.  PROJECTS  AWARDED,  IN
 WHOLE  OR  PART,  UNDER  SECTIONS TWENTY-EIGHT HUNDRED TWENTY-FIVE-A AND
 TWENTY-EIGHT HUNDRED TWENTY-FIVE-B OF THIS ARTICLE SHALL NOT BE ELIGIBLE
 FOR GRANTS OR AWARDS MADE AVAILABLE UNDER THIS SECTION.
   3. NOTWITHSTANDING  SECTION  ONE  HUNDRED  SIXTY-THREE  OF  THE  STATE
 FINANCE  LAW OR ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY, UP TO
 FIVE HUNDRED AND TWENTY-FIVE MILLION DOLLARS OF THE  FUNDS  APPROPRIATED
 FOR  THIS  PROGRAM SHALL BE AWARDED WITHOUT A COMPETITIVE BID OR REQUEST
 FOR PROPOSAL PROCESS FOR GRANTS  TO  HEALTH  CARE  PROVIDERS  (HEREAFTER
 "APPLICANTS").  PROVIDED,  HOWEVER,  THAT A MINIMUM OF: (A) SEVENTY-FIVE
 MILLION DOLLARS OF TOTAL AWARDED FUNDS SHALL BE MADE TO  COMMUNITY-BASED
 HEALTH  CARE  PROVIDERS,  WHICH  FOR  PURPOSES  OF THIS SECTION SHALL BE
 DEFINED AS A DIAGNOSTIC AND TREATMENT  CENTER  LICENSED  OR  GRANTED  AN

 A. 9507--B                         38
 
 OPERATING  CERTIFICATE  UNDER  THIS  ARTICLE;  A  MENTAL  HEALTH  CLINIC
 LICENSED OR GRANTED AN OPERATING CERTIFICATE UNDER ARTICLE THIRTY-ONE OF
 THE MENTAL HYGIENE  LAW;  A  SUBSTANCE  USE  DISORDER  TREATMENT  CLINIC
 LICENSED OR GRANTED AN OPERATING CERTIFICATE UNDER ARTICLE THIRTY-TWO OF
 THE  MENTAL  HYGIENE  LAW; A PRIMARY CARE PROVIDER; A HOME CARE PROVIDER
 CERTIFIED OR LICENSED PURSUANT TO ARTICLE THIRTY-SIX OF THIS CHAPTER;  A
 FACILITY  GRANTED  AN OPERATING CERTIFICATE UNDER ARTICLE SIXTEEN OF THE
 MENTAL HYGIENE LAW; AND (B) FORTY-FIVE  MILLION  DOLLARS  OF  THE  TOTAL
 AWARDED FUNDS SHALL BE MADE TO RESIDENTIAL HEALTH CARE FACILITIES.
   4. NOTWITHSTANDING ANY INCONSISTENT SUBDIVISION OF THIS SECTION OR ANY
 OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY, THE COMMISSIONER, WITH THE
 APPROVAL OF THE DIRECTOR OF THE BUDGET, MAY EXPEND UP TO TWENTY  MILLION
 DOLLARS  OF  THE  FUNDS  APPROPRIATED  FOR  THIS PROGRAM FOR AWARDS MADE
 PURSUANT TO PARAGRAPHS (L) AND (M) OF SUBDIVISION THREE OF SECTION  FOUR
 HUNDRED SIXTY-ONE-L OF THE SOCIAL SERVICES LAW.
   5.  IN  DETERMINING AWARDS FOR ELIGIBLE APPLICANTS UNDER THIS SECTION,
 THE COMMISSIONER SHALL CONSIDER CRITERIA INCLUDING, BUT NOT LIMITED TO:
   (A) THE EXTENT TO WHICH THE PROPOSED PROJECT WILL  CONTRIBUTE  TO  THE
 INTEGRATION  OF  HEALTH CARE SERVICES OR THE LONG TERM SUSTAINABILITY OF
 THE APPLICANT OR PRESERVATION OF ESSENTIAL HEALTH SERVICES IN THE COMMU-
 NITY OR COMMUNITIES SERVED BY THE APPLICANT;
   (B) THE EXTENT TO WHICH THE PROPOSED PROJECT  OR  PURPOSE  IS  ALIGNED
 WITH  DELIVERY  SYSTEM  REFORM INCENTIVE PAYMENT ("DSRIP") PROGRAM GOALS
 AND OBJECTIVES;
   (C) THE GEOGRAPHIC DISTRIBUTION OF FUNDS;
   (D) THE RELATIONSHIP  BETWEEN  THE  PROPOSED  PROJECT  AND  IDENTIFIED
 COMMUNITY NEED;
   (E)  THE  EXTENT  TO  WHICH  THE  APPLICANT  HAS ACCESS TO ALTERNATIVE
 FINANCING;
   (F) THE EXTENT TO WHICH THE PROPOSED PROJECT FURTHERS THE  DEVELOPMENT
 OF PRIMARY CARE AND OTHER OUTPATIENT SERVICES;
   (G)  THE EXTENT TO WHICH THE PROPOSED PROJECT BENEFITS MEDICAID ENROL-
 LEES AND UNINSURED INDIVIDUALS;
   (H) THE EXTENT TO  WHICH  THE  APPLICANT  HAS  ENGAGED  THE  COMMUNITY
 AFFECTED  BY  THE  PROPOSED  PROJECT  AND  THE MANNER IN WHICH COMMUNITY
 ENGAGEMENT HAS SHAPED SUCH PROJECT; AND
   (I) THE EXTENT TO WHICH THE PROPOSED PROJECT ADDRESSES POTENTIAL  RISK
 TO PATIENT SAFETY AND WELFARE.
   6.  DISBURSEMENT  OF  AWARDS  MADE  PURSUANT  TO THIS SECTION SHALL BE
 CONDITIONED ON THE AWARDEE ACHIEVING  CERTAIN  PROCESS  AND  PERFORMANCE
 METRICS  AND  MILESTONES  AS  DETERMINED  IN  THE SOLE DISCRETION OF THE
 COMMISSIONER.  SUCH METRICS AND MILESTONES SHALL BE STRUCTURED TO ENSURE
 THAT THE GOALS OF THE PROJECT ARE ACHIEVED, AND SUCH METRICS  AND  MILE-
 STONES  SHALL  BE  INCLUDED  IN  GRANT  DISBURSEMENT AGREEMENTS OR OTHER
 CONTRACTUAL DOCUMENTS AS REQUIRED BY THE COMMISSIONER.
   7. THE DEPARTMENT SHALL PROVIDE A REPORT ON A QUARTERLY BASIS  TO  THE
 CHAIRS  OF  THE  SENATE FINANCE, ASSEMBLY WAYS AND MEANS, AND SENATE AND
 ASSEMBLY HEALTH COMMITTEES, UNTIL SUCH TIME AS THE DEPARTMENT DETERMINES
 THAT THE PROJECTS THAT RECEIVE FUNDING  PURSUANT  TO  THIS  SECTION  ARE
 SUBSTANTIALLY  COMPLETE.  SUCH  REPORTS SHALL BE SUBMITTED NO LATER THAN
 SIXTY DAYS AFTER THE CLOSE OF THE QUARTER, AND SHALL INCLUDE,  FOR  EACH
 AWARD,  THE  NAME  OF  THE  APPLICANT,  A  DESCRIPTION OF THE PROJECT OR
 PURPOSE, THE AMOUNT OF THE  AWARD,  DISBURSEMENT  DATE,  AND  STATUS  OF
 ACHIEVEMENT  OF  PROCESS AND PERFORMANCE METRICS AND MILESTONES PURSUANT
 TO SUBDIVISION SIX OF THIS SECTION.

 A. 9507--B                         39

   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2018.
 
                                  PART R
 
                           Intentionally Omitted
 
                                  PART S
 
   Section  1.  This Part enacts into law major components of legislation
 which are necessary to effectuate recommendations made as  part  of  the
 Regulatory  Modernization  Initiative  undertaken  by  the Department of
 Health. Each component is wholly contained within a  Subpart  identified
 as  Subparts  A  through  C.  The  effective  date  for  each particular
 provision contained within such Subpart is set forth in the last section
 of such Subpart.  Any  provision  in  any  section  contained  within  a
 Subpart,  including  the  effective  date  of the Subpart, 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 corre-
 sponding section of the Subpart in which it is found. Section  three  of
 this Part sets forth the general effective date of this Part.
 
                                 SUBPART A
 
 Section 1. Intentionally omitted.
 
                                 SUBPART B
 
   Section  1. Subdivision 1 of section 2801 of the public health law, as
 amended by chapter 397 of the laws  of  2016,  is  amended  to  read  as
 follows:
   1.  "Hospital"  means a facility or institution engaged principally in
 providing services by or under the supervision of a physician or, in the
 case of a dental clinic or dental dispensary, of a dentist, or,  in  the
 case  of  a  midwifery  birth  center, of a midwife, for the prevention,
 diagnosis or treatment of human  disease,  pain,  injury,  deformity  or
 physical  condition,  including, but not limited to, a general hospital,
 public health center, diagnostic center, treatment center, dental  clin-
 ic,  dental dispensary, rehabilitation center other than a facility used
 solely for vocational rehabilitation, nursing home, tuberculosis  hospi-
 tal,  chronic  disease  hospital,  maternity  hospital,  midwifery birth
 center,  lying-in-asylum,  out-patient  department,  out-patient  lodge,
 dispensary  and  a laboratory or central service facility serving one or
 more such institutions, but the  term  hospital  shall  not  include  an
 institution, sanitarium or other facility engaged principally in provid-
 ing  services for the prevention, diagnosis or treatment of mental disa-
 bility and which is subject to the powers  of  visitation,  examination,
 inspection  and investigation of the department of mental hygiene except
 for those distinct parts of  such  a  facility  which  provide  hospital
 service. The provisions of this article shall not apply to a facility or
 institution  engaged  principally  in providing services by or under the
 supervision of the bona fide members and adherents of a recognized reli-
 gious organization whose teachings include reliance on  spiritual  means
 through prayer alone for healing in the practice of the religion of such
 organization  and  where  services are provided in accordance with those
 teachings. NO PROVISION OF THIS ARTICLE OR ANY OTHER  PROVISION  OF  LAW

 A. 9507--B                         40
 
 SHALL  BE  CONSTRUED  TO:  (A)  LIMIT  THE  VOLUME  OF  MENTAL HEALTH OR
 SUBSTANCE USE DISORDER SERVICES THAT CAN BE PROVIDED BY  A  PROVIDER  OF
 PRIMARY  CARE  SERVICES  LICENSED  UNDER  THIS ARTICLE AND AUTHORIZED TO
 PROVIDE INTEGRATED SERVICES IN ACCORDANCE WITH REGULATIONS ISSUED BY THE
 COMMISSIONER  IN  CONSULTATION  WITH  THE  COMMISSIONER OF THE OFFICE OF
 MENTAL HEALTH AND THE COMMISSIONER  OF  THE  OFFICE  OF  ALCOHOLISM  AND
 SUBSTANCE  ABUSE  SERVICES,  INCLUDING  REGULATIONS  ISSUED  PURSUANT TO
 SUBDIVISION SEVEN OF SECTION THREE HUNDRED SIXTY-FIVE-L  OF  THE  SOCIAL
 SERVICES  LAW OR PART L OF CHAPTER FIFTY-SIX OF THE LAWS OF TWO THOUSAND
 TWELVE; (B) REQUIRE A PROVIDER LICENSED PURSUANT TO  ARTICLE  THIRTY-ONE
 OF THE MENTAL HYGIENE LAW OR CERTIFIED PURSUANT TO ARTICLE THIRTY-TWO OF
 THE  MENTAL  HYGIENE  LAW  TO  OBTAIN  AN OPERATING CERTIFICATE FROM THE
 DEPARTMENT IF SUCH PROVIDER HAS BEEN AUTHORIZED  TO  PROVIDE  INTEGRATED
 SERVICES  IN  ACCORDANCE  WITH REGULATIONS ISSUED BY THE COMMISSIONER IN
 CONSULTATION WITH THE COMMISSIONER OF THE OFFICE OF  MENTAL  HEALTH  AND
 THE  COMMISSIONER  OF  THE  OFFICE  OF  ALCOHOLISM  AND  SUBSTANCE ABUSE
 SERVICES, INCLUDING REGULATIONS ISSUED PURSUANT TO SUBDIVISION SEVEN  OF
 SECTION  THREE HUNDRED SIXTY-FIVE-L OF THE SOCIAL SERVICES LAW OR PART L
 OF CHAPTER FIFTY-SIX OF THE LAWS OF TWO THOUSAND TWELVE.
   § 2. Section 31.02 of the mental hygiene law is amended  by  adding  a
 new subdivision (f) to read as follows:
   (F)  NO  PROVISION OF THIS ARTICLE OR ANY OTHER PROVISION OF LAW SHALL
 BE CONSTRUED TO REQUIRE A PROVIDER LICENSED PURSUANT TO ARTICLE  TWENTY-
 EIGHT  OF THE PUBLIC HEALTH LAW OR CERTIFIED PURSUANT TO ARTICLE THIRTY-
 TWO OF THIS CHAPTER TO OBTAIN AN OPERATING CERTIFICATE FROM  THE  OFFICE
 OF  MENTAL  HEALTH IF SUCH PROVIDER HAS BEEN AUTHORIZED TO PROVIDE INTE-
 GRATED SERVICES IN ACCORDANCE WITH REGULATIONS ISSUED BY THE COMMISSION-
 ER OF THE OFFICE OF MENTAL HEALTH IN CONSULTATION WITH THE  COMMISSIONER
 OF  THE DEPARTMENT OF HEALTH AND THE COMMISSIONER OF THE OFFICE OF ALCO-
 HOLISM AND SUBSTANCE ABUSE SERVICES, INCLUDING REGULATIONS ISSUED PURSU-
 ANT TO SUBDIVISION SEVEN OF SECTION THREE HUNDRED  SIXTY-FIVE-L  OF  THE
 SOCIAL  SERVICES  LAW  OR PART L OF CHAPTER FIFTY-SIX OF THE LAWS OF TWO
 THOUSAND TWELVE.
   § 3. Subdivision (b) of section 32.05 of the mental  hygiene  law,  as
 amended  by  chapter  204  of  the  laws  of 2007, is amended to read as
 follows:
   (b) (I) Methadone, or such other controlled  substance  designated  by
 the  commissioner of health as appropriate for such use, may be adminis-
 tered to an addict, as defined in section thirty-three  hundred  two  of
 the  public  health  law, by individual physicians, groups of physicians
 and public or private medical facilities certified pursuant  to  article
 twenty-eight or thirty-three of the public health law as part of a chem-
 ical  dependence  program which has been issued an operating certificate
 by the commissioner pursuant to subdivision (b) of section 32.09 of this
 article, provided, however, that such administration  must  be  done  in
 accordance  with  all applicable federal and state laws and regulations.
 Individual physicians or groups of physicians who have obtained authori-
 zation from  the  federal  government  to  administer  buprenorphine  to
 addicts  may  do  so without obtaining an operating certificate from the
 commissioner. (II) NO PROVISION OF THIS ARTICLE OR ANY  OTHER  PROVISION
 OF  LAW  SHALL  BE  CONSTRUED TO REQUIRE A PROVIDER LICENSED PURSUANT TO
 ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW OR ARTICLE  THIRTY-ONE  OF
 THIS CHAPTER TO OBTAIN AN OPERATING CERTIFICATE FROM THE OFFICE OF ALCO-
 HOLISM AND SUBSTANCE ABUSE SERVICES IF SUCH PROVIDER HAS BEEN AUTHORIZED
 TO  PROVIDE INTEGRATED SERVICES IN ACCORDANCE WITH REGULATIONS ISSUED BY
 THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES IN CONSULTA-

 A. 9507--B                         41
 
 TION WITH THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND  THE  COMMIS-
 SIONER  OF  THE  OFFICE  OF  MENTAL HEALTH, INCLUDING REGULATIONS ISSUED
 PURSUANT TO SUBDIVISION SEVEN OF SECTION THREE HUNDRED  SIXTY-FIVE-L  OF
 THE  SOCIAL  SERVICES  LAW OR PART L OF CHAPTER FIFTY-SIX OF THE LAWS OF
 TWO THOUSAND TWELVE.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that the commissioner  of
 the  department  of  health,  the  commissioner  of the office of mental
 health, and the commissioner of the office of alcoholism  and  substance
 abuse  services are authorized to issue any rule or regulation necessary
 for the implementation of this act on or before its effective date.

                                 SUBPART C
 
   Section 1. Article 29-G of the public health law is REPEALED.
   § 2. The section heading and subdivision 2 of  section  367-u  of  the
 social  services  law,  the  section heading as added by section 63-c of
 part C of chapter 58 of the laws of 2007, subdivision 2  as  amended  by
 chapter 6 of the laws of 2015, are amended to read as follows:
   Payment for [home] telehealth services.
   2.  (A) Subject to federal financial participation and the approval of
 the director of the budget, [the commissioner shall not exclude from the
 payment of medical assistance funds the delivery of health care services
 through telehealth, as defined in subdivision four of section two  thou-
 sand  nine  hundred  ninety-nine-cc  of  the  public health law] MEDICAL
 ASSISTANCE SHALL NOT EXCLUDE FROM COVERAGE A SERVICE THAT  IS  OTHERWISE
 COVERED  UNDER  MEDICAL  ASSISTANCE BECAUSE THE SERVICE IS DELIVERED VIA
 TELEHEALTH. Such services shall meet the requirements  of  federal  law,
 rules  and  regulations for the provision of medical assistance pursuant
 to this title.
   (B) FOR PURPOSES OF THIS SUBDIVISION, "TELEHEALTH" MEANS  THE  USE  OF
 ELECTRONIC  INFORMATION  AND COMMUNICATION TECHNOLOGIES BY A HEALTH CARE
 PROVIDER TO DELIVER HEALTH CARE SERVICES TO  AN  INDIVIDUAL  WHILE  SUCH
 INDIVIDUAL  IS  LOCATED  AT A SITE THAT IS DIFFERENT FROM THE SITE WHERE
 THE HEALTH CARE PROVIDER IS LOCATED.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or subpart 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 subpart 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.
   §  3.  This act shall take effect immediately; provided, however, that
 the applicable effective date of Subparts A through C of this act  shall
 be as specifically set forth in the last section of such Subparts.

                                  PART T
 
   Section  1.   Subdivision (a) of section 31 of part B of chapter 59 of
 the laws of 2016, amending the social services law and other laws relat-
 ing to authorizing the commissioner of health to apply federally  estab-
 lished consumer price index penalties for generic drugs, and authorizing

 A. 9507--B                         42
 
 the commissioner of health to impose penalties on managed care plans for
 reporting  late  or  incorrect  encounter  data,  is  amended to read as
 follows:
   (a)  section  eleven  of  this act shall expire and be deemed repealed
 March 31, [2018] 2023;
   § 2. Subdivision 6-a of section 93 of part C of chapter 58 of the laws
 of 2007, amending the social services law and  other  laws  relating  to
 adjustments  of  rates, as amended by section 20 of part B of chapter 56
 of the laws of 2013, is amended to read as follows:
   6-a. section fifty-seven of  this  act  shall  expire  and  be  deemed
 repealed on [December 31, 2018] MARCH 31, 2023; provided that the amend-
 ments  made  by  such  section  to subdivision 4 of section 366-c of the
 social services law shall apply with respect to determining initial  and
 continuing  eligibility  for medical assistance, including the continued
 eligibility of recipients originally determined eligible  prior  to  the
 effective  date  of  this act, and provided further that such amendments
 shall not apply to any person or group of persons if it is  subsequently
 determined  by  the  Centers  for Medicare and Medicaid services or by a
 court of competent jurisdiction that  medical  assistance  with  federal
 financial  participation is available for the costs of services provided
 to such person or persons under  the  provisions  of  subdivision  4  of
 section  366-c of the social services law in effect immediately prior to
 the effective date of this act.
   § 3. Section 2 of part II of chapter 54 of the laws of 2016,  amending
 part  C of chapter 58 of the laws of 2005 authorizing reimbursements for
 expenditures made by or on  behalf  of  social  services  districts  for
 medical assistance for needy persons and administration thereof relating
 to authorizing the commissioner of health to establish a statewide Medi-
 caid integrity and efficiency initiative, is amended to read as follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed [two years after it shall have become a law]  MARCH  31,
 2023.
   § 4. Section 3 of chapter 906 of the laws of 1984, amending the social
 services  law  relating  to expanding medical assistance eligibility and
 the scope of services available to certain persons with disabilities, as
 amended by section 25-a of part B of chapter 56 of the laws of 2013,  is
 amended to read as follows:
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall be of no  further  force  and  effect  after
 [December 31, 2018] MARCH 31, 2023, at which time the provisions of this
 act shall be deemed to be repealed.
   § 5. Intentionally omitted.
   §  5-a.  Paragraph (e) of subdivision 7 of section 367-a of the social
 services law, as added by section 1 of part B of chapter 57 of the  laws
 of 2015, the opening paragraph as amended by section 12 and subparagraph
 (iv)  as  amended  by  section 13 of part B of chapter 59 of the laws of
 2016, is amended to read as follows:
   (e) During the period from April first, two thousand  fifteen  through
 March  thirty-first,  two  thousand [seventeen] TWENTY, the commissioner
 may, in lieu of a managed care provider, negotiate  directly  and  enter
 into  an  agreement with a pharmaceutical manufacturer for the provision
 of supplemental rebates relating to pharmaceutical utilization by enrol-
 lees of managed care providers pursuant to section three hundred  sixty-
 four-j of this title and may also negotiate directly and enter into such
 an  agreement  relating to pharmaceutical utilization by medical assist-
 ance recipients not so enrolled. Such rebates shall be limited  to  drug

 A. 9507--B                         43

 utilization  in  the  following classes: antiretrovirals approved by the
 FDA for the treatment of HIV/AIDS and hepatitis C agents for  which  the
 pharmaceutical  manufacturer  has  in effect a rebate agreement with the
 federal  secretary  of health and human services pursuant to 42 U.S.C. §
 1396r-8, and for which  the  state  has  established  standard  clinical
 criteria.  No  agreement  entered  into pursuant to this paragraph shall
 have an initial term or be extended beyond March thirty-first, two thou-
 sand twenty.
   (i) The manufacturer shall not pay supplemental rebates to  a  managed
 care provider, or any of a managed care provider's agents, including but
 not  limited to any pharmacy benefit manager on the two classes of drugs
 subject to this paragraph when  the  state  is  collecting  supplemental
 rebates  and  standard clinical criteria are imposed on the managed care
 provider.
   (ii) The commissioner shall establish adequate rates of  reimbursement
 which  shall take into account both the impact of the commissioner nego-
 tiating such rebates and any limitations imposed  on  the  managed  care
 provider's ability to establish clinical criteria relating to the utili-
 zation  of  such  drugs.  In  developing  the  managed  care  provider's
 reimbursement rate,  the  commissioner  shall  identify  the  amount  of
 reimbursement  for  such drugs as a separate and distinct component from
 the reimbursement otherwise made for prescription drugs as prescribed by
 this section.
   (iii) The commissioner shall submit a report to the  temporary  presi-
 dent  of the senate and the speaker of the assembly annually by December
 thirty-first. The report shall analyze the adequacy of rates to  managed
 care  providers  for drug expenditures related to the classes under this
 paragraph.
   (iv) Nothing in this paragraph shall be construed to require a pharma-
 ceutical manufacturer to enter into a supplemental rebate agreement with
 the commissioner relating to pharmaceutical utilization by enrollees  of
 managed care providers pursuant to section three hundred sixty-four-j of
 this  title or relating to pharmaceutical utilization by medical assist-
 ance recipients not so enrolled.
   (v) All clinical criteria, including requirements for prior  approval,
 and  all  utilization  review determinations established by the state as
 described in this paragraph for either of the drug  classes  subject  to
 this paragraph shall be developed using evidence-based and peer-reviewed
 clinical  review criteria in accordance with article two-A of the public
 health law, as applicable.
   (vi) All prior authorization  and  utilization  review  determinations
 related  to  the coverage of any drug subject to this paragraph shall be
 subject to article forty-nine of the public health  law,  section  three
 hundred sixty-four-j of this title, and article forty-nine of the insur-
 ance  law,  as  applicable. Nothing in this paragraph shall diminish any
 rights relating to access, prior authorization, or  appeal  relating  to
 any drug class or drug afforded to a recipient under any other provision
 of law.
   §  6.  This act shall take effect immediately; provided, however, that
 the amendments to paragraph (e) of subdivision 7 of section 367-a of the
 social services law made by section five-a of this act shall not  affect
 the repeal of such paragraph and shall be deemed repealed therewith.
 
                                  PART U

 A. 9507--B                         44
 
   Section  1.  Section  2  of part NN of chapter 58 of the laws of 2015,
 amending the mental hygiene law relating to clarifying the authority  of
 the  commissioners  in  the  department  of mental hygiene to design and
 implement time-limited demonstration programs, is  amended  to  read  as
 follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed March 31, [2018] 2021.
   § 2. This act shall take effect immediately.
 
                                  PART V
 
   Section 1. Section 7 of part R2 of chapter 62 of  the  laws  of  2003,
 amending  the  mental  hygiene law and the state finance law relating to
 the community mental health support and workforce reinvestment  program,
 the  membership of subcommittees for mental health of community services
 boards and the duties of such subcommittees and creating  the  community
 mental  health and workforce reinvestment account, as amended by section
 3 of part G of chapter 60 of the laws of 2014, is  amended  to  read  as
 follows:
   § 7. This act shall take effect immediately and shall expire March 31,
 [2018]  2021  when  upon  such  date the provisions of this act shall be
 deemed repealed.
   § 2. This act shall take effect immediately.
 
                                  PART W
 
                           Intentionally Omitted
 
                                  PART X
 
   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 LL of chapter 58 of the laws of 2015, is amended to
 read as follows:
   § 3. This act shall take effect immediately; and shall expire  and  be
 deemed repealed June 30, [2018] 2021.
   § 2. This act shall take effect immediately.
 
                                  PART Y
 
   Section  1.  Subdivision  10  of section 7605 of the education law, as
 added by section 4 of part AA of chapter 57 of  the  laws  of  2013,  is
 amended and a new subdivision 12 is added to read as follows:
   10.  (A) A person without a license from: performing assessments [such
 as], INCLUDING BUT NOT LIMITED TO, basic information collection, gather-
 ing of demographic data, and informal observations, screening and refer-
 ral used for [general] eligibility for a program or service  and  deter-
 mining  the  functional  status  of  an  individual  for  the purpose of
 determining need for services [unrelated to a behavioral health  diagno-
 sis  or treatment plan.  Such licensure shall not be required to create,
 develop or implement a service plan unrelated  to  a  behavioral  health
 diagnosis  or  treatment  plan]; ADVISING INDIVIDUALS REGARDING BENEFITS
 THEY MAY BE ELIGIBLE FOR; PROVIDING  GENERAL  ADVICE  AND  GUIDANCE  AND
 ASSISTING  INDIVIDUALS OR GROUPS WITH DIFFICULT DAY TO DAY PROBLEMS SUCH

 A. 9507--B                         45

 AS FINDING EMPLOYMENT, LOCATING SOURCES OF  ASSISTANCE,  AND  ORGANIZING
 COMMUNITY GROUPS TO WORK ON A SPECIFIC PROBLEM; PROVIDING PEER SERVICES;
 OR  TO  PROVIDE  SUBSTANCE  USE  DISORDER TREATMENT SERVICES OR RE-ENTRY
 SERVICES  TO  INCARCERATED  INDIVIDUALS  IN STATE AND LOCAL CORRECTIONAL
 FACILITIES.
   (B) A PERSON WITHOUT A LICENSE FROM CREATING, DEVELOPING OR IMPLEMENT-
 ING A SERVICE PLAN OR RECOVERY PLAN THAT  IS  NOT  A  BEHAVIORAL  HEALTH
 DIAGNOSIS  OR  TREATMENT  PLAN.  Such  service  OR  RECOVERY plans shall
 include, but are not limited to, COORDINATING, EVALUATING OR DETERMINING
 THE NEED FOR, OR THE PROVISION OF THE FOLLOWING SERVICES:  job  training
 and  employability[,];  housing[,];  HOMELESS  SERVICES AND SHELTERS FOR
 HOMELESS INDIVIDUALS AND FAMILIES; REFUGEE SERVICES; RESIDENTIAL, DAY OR
 COMMUNITY HABILITATION SERVICES; general public assistance[,];  in  home
 services and supports or home-delivered meals[, investigations conducted
 or  assessments  made  by]; RECOVERY SUPPORTS; adult or child protective
 services INCLUDING INVESTIGATIONS; DETENTION AS DEFINED IN SECTION  FIVE
 HUNDRED  TWO  OF  THE EXECUTIVE LAW; PREVENTION AND RESIDENTIAL SERVICES
 FOR VICTIMS OF DOMESTIC VIOLENCE;  SERVICES  FOR  RUNAWAY  AND  HOMELESS
 YOUTH; FOSTER CARE, ADOPTION, PREVENTIVE SERVICES OR SERVICES IN ACCORD-
 ANCE  WITH AN APPROVED PLAN PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE
 SOCIAL SERVICES LAW, INCLUDING, adoption AND  FOSTER  home  studies  and
 assessments,  family  service  plans, transition plans [and], permanency
 planning activities, AND CASE PLANNING OR CASE MANAGEMENT AS SUCH  TERMS
 ARE  DEFINED  BY  REGULATIONS  BY  THE  OFFICE  OF  CHILDREN  AND FAMILY
 SERVICES; RESIDENTIAL REHABILITATION; HOME AND COMMUNITY BASED SERVICES;
 AND de-escalation techniques, peer services  or  skill  development.  [A
 license  under this article shall not be required for persons to partic-
 ipate]
   (C)(I) A PERSON WITHOUT A LICENSE FROM PARTICIPATING as a member of  a
 multi-disciplinary  team  to [implement] ASSIST IN THE DEVELOPMENT OF OR
 IMPLEMENTATION OF  a  behavioral  health  services  or  treatment  plan;
 provided  [however,]  that  such  team shall include one or more profes-
 sionals licensed under this article or articles one hundred  thirty-one,
 ONE  HUNDRED  THIRTY-NINE,  one hundred fifty-four or one hundred sixty-
 three of this chapter WHO MUST APPROVE  AND  OVERSEE  IMPLEMENTATION  OF
 SUCH TREATMENT PLAN AND WHO MUST DIRECTLY OBSERVE EACH PATIENT EITHER IN
 PERSON  OR  BY  ELECTRONIC MEANS, PRIOR TO THE RENDERING OF A DIAGNOSIS;
 and provided, further, that the activities performed by members  of  the
 team shall be consistent with the scope of practice for each team member
 licensed  or  authorized under title VIII of this chapter, and those who
 are not so authorized may not engage in the following  restricted  prac-
 tices:  the  diagnosis  of  mental, emotional, behavioral, addictive and
 developmental disorders and disabilities; patient assessment and  evalu-
 ating;  the  provision  of psychotherapeutic treatment; the provision of
 treatment other than psychotherapeutic treatment; [and/or] OR the devel-
 opment and implementation of assessment-based treatment plans as defined
 in section seventy-seven hundred one of this [chapter] TITLE.
   (II) FOR THE PURPOSES OF THIS SUBDIVISION "ASSIST" SHALL  INCLUDE  THE
 PROVISION  OF SERVICES IN ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS PARA-
 GRAPH THAT DO NOT REQUIRE CLINICAL ASSESSMENT,  EVALUATION,  INTERPRETA-
 TION  OR  OTHER  PROFESSIONAL  JUDGMENT OF A LICENSED PROFESSIONAL. SUCH
 SERVICES MAY INCLUDE, BUT NOT BE LIMITED TO:
   (1) HELPING AN INDIVIDUAL WITH THE COMPLETION OF  FORMS  OR  QUESTION-
 NAIRES;

 A. 9507--B                         46
 
   (2)  REVIEWING EXISTING CASE RECORDS AND COLLECTING GENERAL BACKGROUND
 INFORMATION ABOUT AN INDIVIDUAL  WHICH  MAY  BE  USED  BY  THE  LICENSED
 PROFESSIONAL OR MULTI-DISCIPLINARY TEAM;
   (3)  GATHERING  AND  REPORTING  INFORMATION  ABOUT PREVIOUS BEHAVIORAL
 HEALTH INTERVENTIONS, HOSPITALIZATIONS, DIAGNOSIS,  OR  PRIOR  TREATMENT
 FOR REVIEW BY THE LICENSED PROFESSIONAL AND MULTI-DISCIPLINARY TEAM;
   (4)  DISCUSSING  WITH  THE  INDIVIDUAL  HIS  OR  HER SITUATION, NEEDS,
 CONCERNS, AND THOUGHTS IN ORDER TO HELP IDENTIFY SERVICES  THAT  SUPPORT
 THE INDIVIDUAL'S GOALS, INDEPENDENCE, AND QUALITY OF LIFE;
   (5)  PROVIDING  ADVICE, INFORMATION, AND ASSISTANCE TO INDIVIDUALS AND
 FAMILY MEMBERS TO IDENTIFY NEEDS AND AVAILABLE RESOURCES IN THE COMMUNI-
 TY TO HELP MEET THE NEEDS OF THE INDIVIDUAL OR FAMILY MEMBER;
   (6) ENGAGING IN IMMEDIATE AND LONG TERM PROBLEM SOLVING,  ENGAGING  IN
 THE  DEVELOPMENT  OF  SOCIAL  SKILLS, OR PROVIDING GENERAL HELP IN AREAS
 INCLUDING, BUT NOT LIMITED TO, HOUSING, EMPLOYMENT, CHILD CARE,  PARENT-
 ING, COMMUNITY BASED SERVICES, AND FINANCES;
   (7) DISTRIBUTING PAPER COPIES OF SELF-ADMINISTERED TESTS FOR THE INDI-
 VIDUAL  TO  COMPLETE  WHEN SUCH TESTS DO NOT REQUIRE THE OBSERVATION AND
 JUDGMENT OF A LICENSED PROFESSIONAL;
   (8) MONITORING TREATMENT IN ACCORDANCE WITH  THE  TREATMENT  PLAN  AND
 PROVIDING VERBAL OR WRITTEN REPORTS TO THE MULTI-DISCIPLINARY TEAM;
   (9) IDENTIFYING GAPS IN SERVICES AND COORDINATING ACCESS TO OR ARRANG-
 ING  SERVICES  FOR  INDIVIDUALS  SUCH  AS  HOME  CARE,  COMMUNITY  BASED
 SERVICES, HOUSING, EMPLOYMENT, TRANSPORTATION,  CHILD  CARE,  VOCATIONAL
 TRAINING, OR HEALTH CARE;
   (10)  OFFERING  EDUCATION  PROGRAMS  THAT  PROVIDE  INFORMATION  ABOUT
 DISEASE IDENTIFICATION AND RECOMMENDED TREATMENTS THAT MAY BE  PROVIDED,
 AND HOW TO ACCESS SUCH TREATMENT;
   (11)  REPORTING  ON  BEHAVIOR,  ACTIONS, AND RESPONSES TO TREATMENT AS
 PART OF A MULTI-DISCIPLINARY TEAM;
   (12) USING DE-ESCALATION TECHNIQUES AS AUTHORIZED; AND
   (13) ADVOCATING WITH EDUCATIONAL, JUDICIAL OR OTHER SYSTEMS TO  ENSURE
 PROTECTION   OF  THE  INDIVIDUAL'S  RIGHTS  AND  ACCESS  TO  APPROPRIATE
 SERVICES.
   (D) Provided, further, that  nothing  in  this  subdivision  shall  be
 construed as requiring a license for any particular activity or function
 based  solely on the fact that the activity or function is not listed in
 this subdivision.
   12. ANY PERSON WHO IS EMPLOYED PRIOR TO JULY FIRST, TWO THOUSAND TWEN-
 TY IN A PROGRAM OR SERVICE OPERATED, REGULATED, FUNDED, OR  APPROVED  BY
 THE  DEPARTMENT  OF  MENTAL HYGIENE OR THE OFFICE OF CHILDREN AND FAMILY
 SERVICES, OR A LOCAL GOVERNMENT UNIT AS THAT TERM IS DEFINED IN  SECTION
 41.03 OF THE MENTAL HYGIENE LAW OR A SOCIAL SERVICES DISTRICT AS DEFINED
 IN SECTION SIXTY-ONE OF THE SOCIAL SERVICES LAW FROM PERFORMING SERVICES
 WITHIN  THE PRACTICE OF PSYCHOLOGY, AS DEFINED IN THIS ARTICLE, PROVIDED
 THAT SUCH PERSON MAINTAINS SUCH EMPLOYMENT WITH SUCH ENTITY  WITHIN  THE
 CONTEXT  OF SUCH EMPLOYMENT. ANY PERSON WHO COMMENCES EMPLOYMENT IN SUCH
 PROGRAM OR SERVICE AFTER JULY FIRST, TWO THOUSAND TWENTY SHALL BE APPRO-
 PRIATELY LICENSED UNDER THIS ARTICLE.
   § 2. Subdivision 1 of section 7701 of the education law, as amended by
 chapter 230 of the laws of 2004, is amended to read as follows:
   1. Practice of licensed master social work.
   (a) The practice of licensed master social work shall mean the profes-
 sional application of social work theory, principles, and the methods to
 prevent, assess, evaluate, formulate and  implement  a  plan  of  action
 based  on  client  needs and strengths, and intervene to address mental,

 A. 9507--B                         47
 
 social, emotional, behavioral, developmental, and  addictive  disorders,
 conditions  and disabilities, and of the psychosocial aspects of illness
 and injury experienced by individuals, couples, families, groups, commu-
 nities, organizations, and society.
   (b)  Licensed  master  social  workers engage in the administration of
 tests and measures of psychosocial functioning,  social  work  advocacy,
 case  management, counseling, consultation, research, administration and
 management, and teaching.
   (c) Licensed master social workers provide [all forms of]  ADMINISTRA-
 TIVE  supervision  [other  than]  BUT NOT supervision of the practice of
 licensed clinical social work as defined  in  subdivision  two  of  this
 section.
   (d)  Licensed  master social workers practice licensed clinical social
 work in facility settings or other supervised settings approved  by  the
 department under supervision in accordance with the commissioner's regu-
 lations.
   §  3.  Paragraph (f) of subdivision 1 of section 7702 of the education
 law, as amended by chapter 230 of the laws of 2004, is amended  and  two
 new paragraphs (m) and (n) are added to read as follows:
   (f) [Assist] GENERAL ADVICE AND GUIDANCE, AND ASSISTING individuals or
 groups  with  difficult  day to day problems such as finding employment,
 locating sources of assistance, and organizing community groups to  work
 on a specific problem.
   (M) PROVIDE PEER SERVICES.
   (N)  COLLECT  BASIC  INFORMATION,  GATHERING  OF DEMOGRAPHIC DATA, AND
 INFORMAL OBSERVATIONS, SCREENING AND REFERRAL USED FOR GENERAL ELIGIBIL-
 ITY FOR A PROGRAM OR SERVICE AND DETERMINING THE FUNCTIONAL STATUS OF AN
 INDIVIDUAL FOR THE PURPOSE OF DETERMINING THE NEED FOR SERVICES.
   § 4. Subdivision 7 of section 7706 of the education law, as  added  by
 section 5 of part AA of chapter 57 of the laws of 2013, is amended and a
 new subdivision 8 is added to read as follows:
   7. (A) Prevent a person without a license from: performing assessments
 [such  as],  INCLUDING BUT NOT LIMITED TO, basic information collection,
 gathering of demographic data, and informal observations, screening  and
 referral  used  for  [general]  eligibility for a program or service and
 determining the functional status of an individual for  the  purpose  of
 determining  need for services [unrelated to a behavioral health diagno-
 sis or treatment plan. Such licensure shall not be required  to  create,
 develop  or  implement  a  service plan unrelated to a behavioral health
 diagnosis or treatment plan]; ADVISING  INDIVIDUALS  REGARDING  BENEFITS
 THEY  MAY  BE  ELIGIBLE  FOR;  PROVIDING GENERAL ADVICE AND GUIDANCE AND
 ASSISTING INDIVIDUALS OR GROUPS WITH DIFFICULT DAY TO DAY PROBLEMS  SUCH
 AS  FINDING  EMPLOYMENT,  LOCATING SOURCES OF ASSISTANCE, AND ORGANIZING
 COMMUNITY GROUPS TO WORK ON A SPECIFIC PROBLEM; PROVIDING PEER SERVICES;
 OR TO PROVIDE SUBSTANCE USE  DISORDER  TREATMENT  SERVICES  OR  RE-ENTRY
 SERVICES  TO  INCARCERATED  INDIVIDUALS  IN STATE AND LOCAL CORRECTIONAL
 FACILITIES.
   (B) PREVENT A PERSON WITHOUT A LICENSE FROM  CREATING,  DEVELOPING  OR
 IMPLEMENTING  A  SERVICE  PLAN OR RECOVERY PLAN THAT IS NOT A BEHAVIORAL
 HEALTH DIAGNOSIS OR TREATMENT PLAN. Such service OR RECOVERY plans shall
 include, but are not limited to, COORDINATING, EVALUATING OR DETERMINING
 THE NEED FOR, OR THE PROVISION OF THE FOLLOWING SERVICES:  job  training
 and  employability[,];  housing[,];  HOMELESS  SERVICES AND SHELTERS FOR
 HOMELESS INDIVIDUALS AND FAMILIES; REFUGEE SERVICES; RESIDENTIAL, DAY OR
 COMMUNITY HABILITATION SERVICES; general public assistance[,];  in  home
 services and supports or home-delivered meals[, investigations conducted

 A. 9507--B                         48

 or  assessments  made  by]; RECOVERY SUPPORTS; adult or child protective
 services INCLUDING INVESTIGATIONS; DETENTION AS DEFINED IN SECTION  FIVE
 HUNDRED  TWO  OF  THE EXECUTIVE LAW; PREVENTION AND RESIDENTIAL SERVICES
 FOR  VICTIMS  OF  DOMESTIC  VIOLENCE;  SERVICES FOR RUNAWAY AND HOMELESS
 YOUTH; FOSTER CARE, ADOPTION, PREVENTIVE SERVICES OR SERVICES IN ACCORD-
 ANCE WITH AN APPROVED PLAN PURSUANT TO SECTION FOUR HUNDRED FOUR OF  THE
 SOCIAL  SERVICES  LAW,  INCLUDING,  adoption AND FOSTER home studies and
 assessments, family service plans, transition  plans  [and],  permanency
 planning  activities, AND CASE PLANNING OR CASE MANAGEMENT AS SUCH TERMS
 ARE DEFINED  BY  REGULATIONS  BY  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES; RESIDENTIAL REHABILITATION; HOME AND COMMUNITY BASED SERVICES;
 AND  de-escalation  techniques,  peer  services or skill development. [A
 license under this article shall not be required for persons to  partic-
 ipate]
   (C)(I)  PREVENT  A  PERSON  WITHOUT  A LICENSE FROM PARTICIPATING as a
 member of a multi-disciplinary team to [implement] ASSIST IN THE  DEVEL-
 OPMENT OF OR IMPLEMENTATION OF a behavioral health services or treatment
 plan;  provided  [however,]  that  such  team  shall include one or more
 professionals licensed under this article or articles one hundred  thir-
 ty-one,  ONE HUNDRED THIRTY-NINE, one hundred fifty-three or one hundred
 sixty-three of this chapter WHO MUST APPROVE AND OVERSEE  IMPLEMENTATION
 OF SUCH TREATMENT PLAN AND WHO MUST DIRECTLY OBSERVE EACH PATIENT EITHER
 IN PERSON OR BY ELECTRONIC MEANS, PRIOR TO THE RENDERING OF A DIAGNOSIS;
 and  provided,  further, that the activities performed by members of the
 team shall be consistent with the scope of practice for each team member
 licensed or authorized under title VIII of this chapter, and  those  who
 are  not  so authorized may not engage in the following restricted prac-
 tices:  the diagnosis of mental, emotional,  behavioral,  addictive  and
 developmental  disorders and disabilities; patient assessment and evalu-
 ating; the provision of psychotherapeutic treatment;  the  provision  of
 treatment other than psychotherapeutic treatment; [and/or] OR the devel-
 opment and implementation of assessment-based treatment plans as defined
 in section seventy-seven hundred one of this article.
   (II)  FOR  THE PURPOSES OF THIS SUBDIVISION "ASSIST" SHALL INCLUDE THE
 PROVISION OF SERVICES IN ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS  PARA-
 GRAPH  THAT  DO NOT REQUIRE CLINICAL ASSESSMENT, EVALUATION, INTERPRETA-
 TION OR OTHER PROFESSIONAL JUDGMENT OF  A  LICENSED  PROFESSIONAL.  SUCH
 SERVICES MAY INCLUDE, BUT NOT BE LIMITED TO:
   (1)  HELPING  AN  INDIVIDUAL WITH THE COMPLETION OF FORMS OR QUESTION-
 NAIRES;
   (2) REVIEWING EXISTING CASE RECORDS AND COLLECTING GENERAL  BACKGROUND
 INFORMATION  ABOUT  AN  INDIVIDUAL  WHICH  MAY  BE  USED BY THE LICENSED
 PROFESSIONAL OR MULTI-DISCIPLINARY TEAM;
   (3) GATHERING AND  REPORTING  INFORMATION  ABOUT  PREVIOUS  BEHAVIORAL
 HEALTH INTERVENTIONS, HOSPITALIZATIONS, DIAGNOSIS OR PRIOR TREATMENT FOR
 REVIEW BY THE LICENSED PROFESSIONAL AND MULTI-DISCIPLINARY TEAM;
   (4)  DISCUSSING  WITH  THE  INDIVIDUAL  HIS  OR  HER SITUATION, NEEDS,
 CONCERNS, AND THOUGHTS IN ORDER TO HELP IDENTIFY SERVICES  THAT  SUPPORT
 THE INDIVIDUAL'S GOALS, INDEPENDENCE, AND QUALITY OF LIFE;
   (5)  PROVIDING  ADVICE, INFORMATION, AND ASSISTANCE TO INDIVIDUALS AND
 FAMILY MEMBERS TO IDENTIFY NEEDS AND AVAILABLE RESOURCES IN THE COMMUNI-
 TY TO HELP MEET THE NEEDS OF THE INDIVIDUAL OR FAMILY MEMBER;
   (6) ENGAGING IN IMMEDIATE AND LONG TERM PROBLEM SOLVING,  ENGAGING  IN
 THE  DEVELOPMENT  OF  SOCIAL  SKILLS, OR PROVIDING GENERAL HELP IN AREAS
 INCLUDING BUT NOT LIMITED TO, HOUSING, EMPLOYMENT, CHILD  CARE,  PARENT-
 ING, COMMUNITY BASED SERVICES, AND FINANCES;

 A. 9507--B                         49

   (7) DISTRIBUTING PAPER COPIES OF SELF-ADMINISTERED TESTS FOR THE INDI-
 VIDUAL  TO  COMPLETE  WHEN SUCH TESTS DO NOT REQUIRE THE OBSERVATION AND
 JUDGMENT OF A LICENSED PROFESSIONAL;
   (8)  MONITORING  TREATMENT  IN  ACCORDANCE WITH THE TREATMENT PLAN AND
 PROVIDING VERBAL OR WRITTEN REPORTS TO THE MULTI-DISCIPLINARY TEAM;
   (9) IDENTIFYING GAPS IN SERVICES AND COORDINATING ACCESS TO OR ARRANG-
 ING  SERVICES  FOR  INDIVIDUALS  SUCH  AS  HOME  CARE,  COMMUNITY  BASED
 SERVICES,  HOUSING,  EMPLOYMENT,  TRANSPORTATION, CHILD CARE, VOCATIONAL
 TRAINING, OR HEALTH CARE;
   (10)  OFFERING  EDUCATION  PROGRAMS  THAT  PROVIDE  INFORMATION  ABOUT
 DISEASE  IDENTIFICATION AND RECOMMENDED TREATMENTS THAT MAY BE PROVIDED,
 AND HOW TO ACCESS SUCH TREATMENT;
   (11) REPORTING ON BEHAVIOR, ACTIONS, AND  RESPONSES  TO  TREATMENT  AS
 PART OF A MULTI-DISCIPLINARY TEAM;
   (12) USING DE-ESCALATION TECHNIQUES AS AUTHORIZED; AND
   (13)  ADVOCATING WITH EDUCATIONAL, JUDICIAL OR OTHER SYSTEMS TO ENSURE
 PROTECTION  OF  THE  INDIVIDUAL'S  RIGHTS  AND  ACCESS  TO   APPROPRIATE
 SERVICES.
   (D)  Provided,  further,  that  nothing  in  this subdivision shall be
 construed as requiring a license for any particular activity or function
 based solely on the fact that the activity or function is not listed  in
 this subdivision.
   8. ANY PERSON WHO IS EMPLOYED PRIOR TO JULY FIRST, TWO THOUSAND TWENTY
 IN  A PROGRAM OR SERVICE OPERATED, REGULATED, FUNDED, OR APPROVED BY THE
 DEPARTMENT  OF  MENTAL  HYGIENE,  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES,  THE  DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE
 OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, THE STATE OFFICE FOR  THE
 AGING  AND  THE  DEPARTMENT OF HEALTH OR A LOCAL GOVERNMENT UNIT AS THAT
 TERM IS DEFINED IN SECTION 41.03 OF THE MENTAL HYGIENE LAW OR  A  SOCIAL
 SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-ONE OF THE SOCIAL SERVICES
 LAW  FROM  PERFORMING  SERVICES  WITHIN  THE PRACTICE OF LICENSED MASTER
 SOCIAL WORK AND LICENSED CLINICAL SOCIAL WORK, AS DEFINED IN THIS  ARTI-
 CLE, PROVIDED THAT SUCH PERSON MAINTAINS SUCH EMPLOYMENT WITH SUCH ENTI-
 TY  WITHIN  THE  CONTEXT  OF  SUCH  EMPLOYMENT. ANY PERSON WHO COMMENCES
 EMPLOYMENT IN SUCH PROGRAM OR SERVICE AFTER  JULY  FIRST,  TWO  THOUSAND
 TWENTY SHALL BE APPROPRIATELY LICENSED UNDER THIS ARTICLE.
   §  5.  Subdivision 8 of section 8410 of the education law, as added by
 section 6 of part AA of chapter 57 of the laws of 2013, is amended and a
 new subdivision 9 is added to read as follows:
   8. (A) Prevent a person without a license from: performing assessments
 [such as], INCLUDING BUT NOT LIMITED TO, basic  information  collection,
 gathering  of demographic data, and informal observations, screening and
 referral used for [general] eligibility for a  program  or  service  and
 determining  the  functional  status of an individual for the purpose of
 determining need for services [unrelated to a behavioral health  diagno-
 sis  or treatment plan.  Such licensure shall not be required to create,
 develop or implement a service plan unrelated  to  a  behavioral  health
 diagnosis  or  treatment  plan]; ADVISING INDIVIDUALS REGARDING BENEFITS
 THEY MAY BE ELIGIBLE FOR; PROVIDING  GENERAL  ADVICE  AND  GUIDANCE  AND
 ASSISTING  INDIVIDUALS OR GROUPS WITH DIFFICULT DAY TO DAY PROBLEMS SUCH
 AS FINDING EMPLOYMENT, LOCATING SOURCES OF  ASSISTANCE,  AND  ORGANIZING
 COMMUNITY GROUPS TO WORK ON A SPECIFIC PROBLEM; PROVIDING PEER SERVICES;
 OR  TO  PROVIDE  SUBSTANCE  USE  DISORDER TREATMENT SERVICES OR RE-ENTRY
 SERVICES TO INCARCERATED INDIVIDUALS IN  STATE  AND  LOCAL  CORRECTIONAL
 FACILITIES.

 A. 9507--B                         50

   (B)  PREVENT  A  PERSON WITHOUT A LICENSE FROM CREATING, DEVELOPING OR
 IMPLEMENTING A SERVICE PLAN OR RECOVERY PLAN THAT IS  NOT  A  BEHAVIORAL
 HEALTH DIAGNOSIS OR TREATMENT PLAN. Such service OR RECOVERY plans shall
 include, but are not limited to, COORDINATING, EVALUATING OR DETERMINING
 THE  NEED  FOR, OR THE PROVISION OF THE FOLLOWING SERVICES: job training
 and employability[,]; housing[,]; HOMELESS  SERVICES  AND  SHELTERS  FOR
 HOMELESS INDIVIDUALS AND FAMILIES; REFUGEE SERVICES; RESIDENTIAL, DAY OR
 COMMUNITY  HABILITATION  SERVICES; general public assistance[,]; in home
 services and supports or home-delivered meals[, investigations conducted
 or assessments made by]; RECOVERY SUPPORTS; adult  or  child  protective
 services  INCLUDING INVESTIGATIONS; DETENTION AS DEFINED IN SECTION FIVE
 HUNDRED TWO OF THE EXECUTIVE LAW; PREVENTION  AND  RESIDENTIAL  SERVICES
 FOR  VICTIMS  OF  DOMESTIC  VIOLENCE;  SERVICES FOR RUNAWAY AND HOMELESS
 YOUTH; FOSTER CARE, ADOPTION, PREVENTIVE SERVICES OR SERVICES IN ACCORD-
 ANCE WITH AN APPROVED PLAN PURSUANT TO SECTION FOUR HUNDRED FOUR OF  THE
 SOCIAL  SERVICES  LAW,  INCLUDING,  adoption AND FOSTER home studies and
 assessments, family service plans, transition  plans  [and],  permanency
 planning  activities, AND CASE PLANNING OR CASE MANAGEMENT AS SUCH TERMS
 ARE DEFINED  BY  REGULATIONS  IN  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES; RESIDENTIAL REHABILITATION; HOME AND COMMUNITY BASED SERVICES;
 AND  de-escalation  techniques,  peer  services or skill development. [A
 license under this article shall not be required for persons to  partic-
 ipate]
   (C)(I)  PREVENT  A  PERSON  WITHOUT  A LICENSE FROM PARTICIPATING as a
 member of a multi-disciplinary team to [implement] ASSIST IN THE  DEVEL-
 OPMENT OF OR IMPLEMENTATION OF a behavioral health services or treatment
 plan;  provided  [however,]  that  such  team  shall include one or more
 professionals licensed under this article or articles one hundred  thir-
 ty-one,  ONE HUNDRED THIRTY-NINE, one hundred fifty-three or one hundred
 sixty-three of this chapter WHO MUST APPROVE AND OVERSEE  IMPLEMENTATION
 OF SUCH TREATMENT PLAN AND WHO MUST DIRECTLY OBSERVE EACH PATIENT EITHER
 IN PERSON OR BY ELECTRONIC MEANS, PRIOR TO THE RENDERING OF A DIAGNOSIS;
 and  provided,  further, that the activities performed by members of the
 team shall be consistent with the scope of practice for each team member
 licensed or authorized under title VIII of this chapter, and  those  who
 are  not  so authorized may not engage in the following restricted prac-
 tices:  the diagnosis of mental, emotional,  behavioral,  addictive  and
 developmental  disorders and disabilities; patient assessment and evalu-
 ating; the provision of psychotherapeutic treatment;  the  provision  of
 treatment other than psychotherapeutic treatment; [and/or] OR the devel-
 opment and implementation of assessment-based treatment plans as defined
 in section seventy-seven hundred one of this article.
   (II)  FOR  THE PURPOSES OF THIS SUBDIVISION "ASSIST" SHALL INCLUDE THE
 PROVISION OF SERVICES IN ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS  PARA-
 GRAPH  THAT  DO NOT REQUIRE CLINICAL ASSESSMENT, EVALUATION, INTERPRETA-
 TION OR OTHER PROFESSIONAL JUDGMENT OF  A  LICENSED  PROFESSIONAL.  SUCH
 SERVICES MAY INCLUDE, BUT NOT BE LIMITED TO:
   (1)  HELPING  AN  INDIVIDUAL WITH THE COMPLETION OF FORMS OR QUESTION-
 NAIRES;
   (2) REVIEWING EXISTING CASE RECORDS AND COLLECTING GENERAL  BACKGROUND
 INFORMATION  ABOUT  AN  INDIVIDUAL  WHICH  MAY  BE  USED BY THE LICENSED
 PROFESSIONAL OR MULTI-DISCIPLINARY TEAM;
   (3) GATHERING AND  REPORTING  INFORMATION  ABOUT  PREVIOUS  BEHAVIORAL
 HEALTH INTERVENTIONS, HOSPITALIZATIONS, DIAGNOSIS OR PRIOR TREATMENT FOR
 REVIEW BY THE LICENSED PROFESSIONAL AND MULTI-DISCIPLINARY TEAM;

 A. 9507--B                         51
 
   (4)  DISCUSSING  WITH  THE  INDIVIDUAL  HIS  OR  HER SITUATION, NEEDS,
 CONCERNS, AND THOUGHTS IN ORDER TO HELP IDENTIFY SERVICES  THAT  SUPPORT
 THE INDIVIDUAL'S GOALS, INDEPENDENCE, AND QUALITY OF LIFE;
   (5)  PROVIDING  ADVICE, INFORMATION, AND ASSISTANCE TO INDIVIDUALS AND
 FAMILY MEMBERS TO IDENTIFY NEEDS AND AVAILABLE RESOURCES IN THE COMMUNI-
 TY TO HELP MEET THE NEEDS OF THE INDIVIDUAL OR FAMILY MEMBER;
   (6) ENGAGING IN IMMEDIATE AND LONG TERM PROBLEM SOLVING,  ENGAGING  IN
 THE  DEVELOPMENT  OF  SOCIAL SKILLS, OR PROVIDING GENERAL HELP IN AREAS,
 INCLUDING BUT NOT LIMITED TO, HOUSING, EMPLOYMENT, CHILD  CARE,  PARENT-
 ING, COMMUNITY BASED SERVICES, AND FINANCES;
   (7) DISTRIBUTING PAPER COPIES OF SELF-ADMINISTERED TESTS FOR THE INDI-
 VIDUAL  TO  COMPLETE  WHEN SUCH TESTS DO NOT REQUIRE THE OBSERVATION AND
 JUDGMENT OF A LICENSED PROFESSIONAL;
   (8) MONITORING TREATMENT IN ACCORDANCE WITH  THE  TREATMENT  PLAN  AND
 PROVIDING VERBAL OR WRITTEN REPORTS TO THE MULTI-DISCIPLINARY TEAM;
   (9) IDENTIFYING GAPS IN SERVICES AND COORDINATING ACCESS TO OR ARRANG-
 ING  SERVICES  FOR  INDIVIDUALS  SUCH  AS  HOME  CARE,  COMMUNITY  BASED
 SERVICES, HOUSING, EMPLOYMENT, TRANSPORTATION,  CHILD  CARE,  VOCATIONAL
 TRAINING, OR HEALTH CARE;
   (10)  OFFERING  EDUCATION  PROGRAMS  THAT  PROVIDE  INFORMATION  ABOUT
 DISEASE IDENTIFICATION AND RECOMMENDED TREATMENTS THAT MAY BE  PROVIDED;
 AND HOW TO ACCESS SUCH TREATMENT;
   (11)  REPORTING  ON  BEHAVIOR,  ACTIONS, AND RESPONSES TO TREATMENT AS
 PART OF A MULTI-DISCIPLINARY TEAM;
   (12) USING DE-ESCALATION TECHNIQUES AS AUTHORIZED; AND
   (13) ADVOCATING WITH EDUCATIONAL, JUDICIAL OR OTHER SYSTEMS TO  ENSURE
 PROTECTION   OF  THE  INDIVIDUAL'S  RIGHTS  AND  ACCESS  TO  APPROPRIATE
 SERVICES.
   (D) Provided, further, that  nothing  in  this  subdivision  shall  be
 construed as requiring a license for any particular activity or function
 based  solely on the fact that the activity or function is not listed in
 this subdivision.
   8. ANY PERSON WHO IS EMPLOYED PRIOR TO JULY FIRST, TWO THOUSAND TWENTY
 IN A PROGRAM OR SERVICE OPERATED, REGULATED, FUNDED, OR APPROVED BY  THE
 DEPARTMENT  OF  MENTAL  HYGIENE,  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION,  THE
 OFFICE  OF TEMPORARY AND DISABILITY ASSISTANCE, THE STATE OFFICE FOR THE
 AGING AND THE DEPARTMENT OF HEALTH OR A LOCAL GOVERNMENT  UNIT  AS  THAT
 TERM  IS  DEFINED IN SECTION 41.03 OF THE MENTAL HYGIENE LAW OR A SOCIAL
 SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-ONE OF THE SOCIAL SERVICES
 LAW FROM PERFORMING SERVICES WITHIN  THE  PRACTICE  OF  LICENSED  MASTER
 SOCIAL  WORK AND LICENSED CLINICAL SOCIAL WORK, AS DEFINED IN THIS ARTI-
 CLE, PROVIDED THAT SUCH PERSON MAINTAINS SUCH EMPLOYMENT WITH SUCH ENTI-
 TY WITHIN THE CONTEXT OF  SUCH  EMPLOYMENT.  ANY  PERSON  WHO  COMMENCES
 EMPLOYMENT  IN  SUCH  PROGRAM  OR SERVICE AFTER JULY FIRST, TWO THOUSAND
 TWENTY SHALL BE APPROPRIATELY LICENSED UNDER THIS ARTICLE.
   § 5. Subdivision 8 of section 8410 of the education law, as  added  by
 section 6 of part AA of chapter 57 of the laws of 2013, is amended and a
 new subdivision 9 is added to read as follows:
   8. (A) Prevent a person without a license from: performing assessments
 such as basic information collection, gathering of demographic data, and
 informal observations, screening and referral used for general eligibil-
 ity for a program or service and determining the functional status of an
 individual  for  the purpose of determining need for services [unrelated
 to a behavioral health diagnosis or  treatment  plan.    Such  licensure
 shall  not  be  required  to create, develop or implement a service plan

 A. 9507--B                         52

 unrelated to a behavioral health diagnosis or treatment plan];  ADVISING
 INDIVIDUALS  REGARDING THE APPROPRIATENESS OF BENEFITS THEY ARE ELIGIBLE
 FOR; PROVIDING GENERAL ADVICE AND GUIDANCE AND ASSISTING INDIVIDUALS  OR
 GROUPS  WITH  DIFFICULT  DAY TO DAY PROBLEMS SUCH AS FINDING EMPLOYMENT,
 LOCATING SOURCES OF ASSISTANCE, AND ORGANIZING COMMUNITY GROUPS TO  WORK
 ON  A  SPECIFIC PROBLEM; PROVIDING PEER SERVICES; OR TO SELECT FOR SUIT-
 ABILITY AND PROVIDE SUBSTANCE ABUSE TREATMENT SERVICES OR GROUP RE-ENTRY
 SERVICES TO INCARCERATED INDIVIDUALS IN STATE CORRECTIONAL FACILITIES.
   (B) PREVENT A PERSON WITHOUT A LICENSE FROM  CREATING,  DEVELOPING  OR
 IMPLEMENTING  A  SERVICE  PLAN OR RECOVERY PLAN THAT IS NOT A BEHAVIORAL
 HEALTH DIAGNOSIS OR TREATMENT PLAN. Such service OR RECOVERY plans shall
 include, but are not limited to, COORDINATING, EVALUATING OR DETERMINING
 THE NEED FOR, OR THE PROVISION OF THE FOLLOWING SERVICES:  job  training
 and  employability[,];  housing[,];  HOMELESS  SERVICES AND SHELTERS FOR
 HOMELESS INDIVIDUALS AND FAMILIES; REFUGEE SERVICES; RESIDENTIAL, DAY OR
 COMMUNITY HABILITATION SERVICES; general public assistance[,];  in  home
 services and supports or home-delivered meals[, investigations conducted
 or  assessments  made  by]; RECOVERY SUPPORTS; adult or child protective
 services INCLUDING INVESTIGATIONS; DETENTION AS DEFINED IN SECTION  FIVE
 HUNDRED  TWO  OF  THE EXECUTIVE LAW; PREVENTION AND RESIDENTIAL SERVICES
 FOR VICTIMS OF DOMESTIC VIOLENCE;  SERVICES  FOR  RUNAWAY  AND  HOMELESS
 YOUTH; FOSTER CARE, ADOPTION, PREVENTIVE SERVICES OR SERVICES IN ACCORD-
 ANCE  WITH AN APPROVED PLAN PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE
 SOCIAL SERVICES LAW, INCLUDING, adoption AND  FOSTER  home  studies  and
 assessments,  family  service  plans, transition plans [and], permanency
 planning activities, AND CASE PLANNING OR CASE MANAGEMENT AS SUCH  TERMS
 ARE  DEFINED  IN PART FOUR HUNDRED TWENTY-EIGHT OF TITLE EIGHTEEN OF THE
 NEW YORK CODES, RULES AND REGULATIONS; RESIDENTIAL REHABILITATION;  HOME
 AND   COMMUNITY  BASED  SERVICES;  AND  de-escalation  techniques,  peer
 services or skill development. [A license under this article  shall  not
 be required for persons to participate]
   (C)(I)  PREVENT  A  PERSON  WITHOUT  A LICENSE FROM PARTICIPATING as a
 member of a multi-disciplinary team to [implement] ASSIST IN THE  DEVEL-
 OPMENT OF OR IMPLEMENTATION OF a behavioral health services or treatment
 plan;  provided  [however,]  that  such  team  shall include one or more
 professionals licensed under this article or articles one hundred  thir-
 ty-one,  ONE HUNDRED THIRTY-NINE, one hundred fifty-three or one hundred
 fifty-four of this chapter WHO MUST APPROVE AND  OVERSEE  IMPLEMENTATION
 OF SUCH TREATMENT PLAN AND WHO MUST DIRECTLY OBSERVE EACH PATIENT EITHER
 IN PERSON OR BY ELECTRONIC MEANS, PRIOR TO THE RENDERING OF A DIAGNOSIS;
 and  provided,  further, that the activities performed by members of the
 team shall be consistent with the scope of practice for each team member
 licensed or authorized under title VIII of this chapter, and  those  who
 are  not  so authorized may not engage in the following restricted prac-
 tices: the diagnosis of mental,  emotional,  behavioral,  addictive  and
 developmental  disorders and disabilities; patient assessment and evalu-
 ating; the provision of psychotherapeutic treatment;  the  provision  of
 treatment other than psychotherapeutic treatment; [and/or] OR the devel-
 opment and implementation of assessment-based treatment plans as defined
 in section seventy-seven hundred one of this chapter.
   (II)  FOR  THE PURPOSES OF THIS SUBDIVISION "ASSIST" SHALL INCLUDE THE
 PROVISION OF SERVICES THAT DO NOT REQUIRE ASSESSMENT, EVALUATION, INTER-
 PRETATION OR OTHER PROFESSIONAL JUDGMENT. SUCH SERVICES MAY INCLUDE:
   (1) HELPING A PATIENT WITH THE COMPLETION OF FORMS OR QUESTIONNAIRES;

 A. 9507--B                         53

   (2) REVIEWING EXISTING CASE RECORDS AND COLLECTING GENERAL  BACKGROUND
 INFORMATION  ABOUT  A  PATIENT WHICH MAY BE USED BY THE LICENSED PROFES-
 SIONAL OR MULTI-DISCIPLINARY TEAM TO PROVIDE APPROPRIATE SERVICES;
   (3)  GATHERING INFORMATION ABOUT PREVIOUS MENTAL HEALTH INTERVENTIONS,
 HOSPITALIZATIONS, EMERGENCY INTERVENTIONS AND OTHER FORMS  OF  TREATMENT
 FOR REVIEW BY THE LICENSED PROFESSIONAL;
   (4) DISCUSSING WITH THE PATIENT HIS OR HER SITUATION, NEEDS, CONCERNS,
 AND  THOUGHTS  IN  ORDER  TO  HELP  IDENTIFY  SERVICES  THAT SUPPORT THE
 PATIENT'S GOALS, INDEPENDENCE, AND QUALITY OF LIFE;
   (5) PROVIDING ADVICE, INFORMATION,  AND  ASSISTANCE  TO  PATIENTS  AND
 FAMILY MEMBERS TO IDENTIFY NEEDS AND AVAILABLE RESOURCES IN THE COMMUNI-
 TY TO HELP MEET THE NEEDS OF THE PATIENT OR FAMILY MEMBER;
   (6)  ENGAGING  IN IMMEDIATE AND LONG TERM PROBLEM SOLVING, ENGAGING IN
 THE DEVELOPMENT OF SOCIAL SKILLS, OR GIVING PRACTICAL HELP IN AREAS SUCH
 AS, BUT NOT LIMITED TO,  HOUSING,  EMPLOYMENT,  CHILD  CARE,  PARENTING,
 COMMUNITY BASED SERVICES, AND FINANCES;
   (7)  DISTRIBUTING  PAPER  COPIES  OF  SELF-ADMINISTERED  TESTS FOR THE
 PATIENT TO COMPLETE WHEN SUCH TESTS DO NOT REQUIRE THE  OBSERVATION  AND
 JUDGMENT OF A LICENSED PROFESSIONAL;
   (8)  MONITORING  TREATMENT  IN  ACCORDANCE WITH THE TREATMENT PLAN AND
 PROVIDING VERBAL OR WRITTEN REPORTS TO THE MULTI-DISCIPLINARY TEAM;
   (9) IDENTIFYING GAPS IN NECESSARY SERVICES AND COORDINATING ACCESS  TO
 OR  ARRANGING  SERVICES  FOR PATIENTS SUCH AS HOME CARE, COMMUNITY BASED
 SERVICES, HOUSING, EMPLOYMENT, TRANSPORTATION,  CHILD  CARE,  VOCATIONAL
 TRAINING, OR HEALTH CARE;
   (10)  OFFERING  EDUCATION  PROGRAMS  THAT  PROVIDE  INFORMATION  ABOUT
 DISEASE IDENTIFICATION AND RECOMMENDED TREATMENTS THAT MAY  BE  PROVIDED
 BY LICENSED PROFESSIONALS;
   (11)  REPORTING  OBSERVATIONS ABOUT BEHAVIOR, ACTION, AND RESPONSES TO
 TREATMENT AS PART OF A MULTI-DISCIPLINARY TEAM;
   (12)  USING  DE-ESCALATION  TECHNIQUES  TO  RESPOND  APPROPRIATELY  TO
 DANGEROUS  OR  THREATENING  BEHAVIORS  AND  INTERVENING AS AUTHORIZED TO
 ENSURE THE IMMEDIATE SAFETY OF THE PATIENT AND OTHERS; AND
   (13) ADVOCATING WITH EDUCATIONAL, JUDICIAL OR OTHER SYSTEMS TO  ENSURE
 PROTECTION   OF  THE  INDIVIDUAL'S  RIGHTS  AND  ACCESS  TO  APPROPRIATE
 SERVICES.
   (D) Provided, further, that  nothing  in  this  subdivision  shall  be
 construed as requiring a license for any particular activity or function
 based  solely on the fact that the activity or function is not listed in
 this subdivision.
   9. ANY PERSON WHO IS EMPLOYED PRIOR TO JULY FIRST, TWO THOUSAND TWENTY
 IN A PROGRAM OR SERVICE OPERATED, REGULATED, FUNDED, OR APPROVED BY  THE
 DEPARTMENT  OF  MENTAL  HYGIENE,  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION,  THE
 OFFICE  OF TEMPORARY AND DISABILITY ASSISTANCE, THE STATE OFFICE FOR THE
 AGING AND THE DEPARTMENT OF HEALTH OR A LOCAL GOVERNMENT  UNIT  AS  THAT
 TERM  IS  DEFINED IN SECTION 41.03 OF THE MENTAL HYGIENE LAW OR A SOCIAL
 SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-ONE OF THE SOCIAL SERVICES
 LAW FROM PERFORMING SERVICES WITHIN THE PRACTICE OF MENTAL HEALTH  COUN-
 SELING,  MARRIAGE AND FAMILY THERAPY, CREATIVE ARTS THERAPY, AND PSYCHO-
 ANALYSIS, AS DEFINED IN THIS ARTICLE, PROVIDED THAT  SUCH  PERSON  MAIN-
 TAINS  SUCH  EMPLOYMENT  WITH  SUCH  ENTITY  WITHIN  THE CONTEXT OF SUCH
 EMPLOYMENT.   ANY PERSON WHO COMMENCES EMPLOYMENT  IN  SUCH  PROGRAM  OR
 SERVICE  AFTER  JULY  FIRST,  TWO THOUSAND TWENTY SHALL BE APPROPRIATELY
 LICENSED UNDER THIS ARTICLE.

 A. 9507--B                         54

   § 6.  The state education department shall periodically develop formal
 guidance to identify the tasks  and  functions  restricted  to  licensed
 personnel under articles 153, 154 and 163 of the education law.
   §  7.  Subdivision  a  of section 9 of chapter 420 of the laws of 2002
 amending the education law relating to the profession of social work, as
 amended by section 1 of part J of chapter 59 of the  laws  of  2016,  is
 amended to read as follows:
   a.  Nothing  in  this  act  shall  prohibit or limit the activities or
 services on the part of any person in the employ of a program or service
 operated, regulated, funded, or approved by  the  department  of  mental
 hygiene,  the  office  of  children  and  family services, the office of
 temporary and disability assistance, the department of  corrections  and
 community supervision, the state office for the aging, the department of
 health,  or a local governmental unit as that term is defined in article
 41 of the mental hygiene law or a social services district as defined in
 section 61 of the social services law, provided, however,  this  section
 shall  not authorize the use of any title authorized pursuant to article
 154 of the education law, except  that  this  section  shall  be  deemed
 repealed on July 1, [2018] 2020.
   § 8. Subdivision a of section 17-a of chapter 676 of the laws of 2002,
 amending  the  education  law relating to the practice of psychology, as
 amended by section 2 of part J of chapter 59 of the  laws  of  2016,  is
 amended to read as follows:
   a.  In  relation to activities and services provided under article 153
 of the education law, nothing in this act shall prohibit or  limit  such
 activities  or  services  on  the  part of any person in the employ of a
 program or service operated,  regulated,  funded,  or  approved  by  the
 department  of  mental  hygiene  or  the  office  of children and family
 services, or a local governmental unit as that term is defined in  arti-
 cle  41  of  the  mental  hygiene  law  or a social services district as
 defined in section 61 of the social services law.  In relation to activ-
 ities and services provided under article  163  of  the  education  law,
 nothing  in this act shall prohibit or limit such activities or services
 on the part of any person in the employ of a program  or  service  oper-
 ated,  regulated,  funded,  or  approved  by  the  department  of mental
 hygiene, the office of children and family services, the  department  of
 corrections and community supervision, the office of temporary and disa-
 bility  assistance, the state office for the aging and the department of
 health or a local governmental unit as that term is defined  in  article
 41 of the mental hygiene law or a social services district as defined in
 section  61 of the social services law, pursuant to authority granted by
 law. This section shall not authorize the use of  any  title  authorized
 pursuant to article 153 or 163 of the education law by any such employed
 person,  except  as  otherwise  provided  by such articles respectively.
 This section shall be deemed repealed July 1, [2018] 2020.
   § 9. Section 16 of chapter 130 of  the  laws  of  2010,  amending  the
 education  law  and  other laws relating to the registration of entities
 providing certain professional services and  the  licensure  of  certain
 professions, as amended by section 3 of part J of chapter 59 of the laws
 of 2016, is amended to read as follows:
   §  16.  This act shall take effect immediately; provided that sections
 thirteen, fourteen and fifteen of this act shall take effect immediately
 and shall be deemed to have been in full force and effect on  and  after
 June  1, 2010 and such sections shall be deemed repealed July 1, [2018]
 2020; provided further that the amendments to section 9 of  chapter  420
 of  the  laws of 2002 amending the education law relating to the profes-

 A. 9507--B                         55
 
 sion of social work made by section thirteen of this act shall repeal on
 the same date as such section repeals; provided further that the  amend-
 ments  to  section  17-a of chapter 676 of the laws of 2002 amending the
 education  law  relating  to  the practice of psychology made by section
 fourteen of this act shall repeal on  the  same  date  as  such  section
 repeals.
   § 10. This act shall take effect immediately.
 
                                  PART Z
 
   Section  1.  Subparagraph  (vii)  of  paragraph  e of subdivision 3 of
 section 364-j of the social services law, as amended by  section  38  of
 part A of chapter 56 of the laws of 2013, is amended to read as follows:
   (vii)  a  person  with  a  developmental  or  physical  disability who
 receives home and  community-based  services  or  care-at-home  services
 through  A  DEMONSTRATION WAIVER UNDER SECTION ELEVEN HUNDRED FIFTEEN OF
 THE FEDERAL SOCIAL SECURITY ACT, existing waivers under section nineteen
 hundred fifteen (c) of the federal social security act, or who has char-
 acteristics and needs similar to such persons;
   § 2. Clause (x) of subparagraph 1 of paragraph (e) of subdivision 5 of
 section 366 of the social services law, as added by section 26-a of part
 C of chapter 109 of the laws of 2006, is amended to read as follows:
   (x) "nursing facility services" means nursing care and health  related
 services  provided  in a nursing facility; a level of care provided in a
 hospital which is equivalent to the care which is provided in a  nursing
 facility;  and  care, services or supplies provided pursuant to a waiver
 granted pursuant to subsection (c) of section 1915 of the federal social
 security act OR SUCCESSOR FEDERAL WAIVER.
   § 3. Section 366 of the social services law is amended by adding a new
 subdivision 7-c to read as follows:
   7-C. THE COMMISSIONER OF HEALTH IN CONSULTATION WITH THE  COMMISSIONER
 OF  DEVELOPMENTAL  DISABILITIES  IS AUTHORIZED TO SUBMIT THE APPROPRIATE
 WAIVERS, INCLUDING, BUT NOT LIMITED TO,  THOSE  AUTHORIZED  PURSUANT  TO
 SECTION  ELEVEN  HUNDRED  FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT, IN
 ORDER TO ACHIEVE THE PURPOSES OF HIGH-QUALITY AND  INTEGRATED  CARE  AND
 SERVICES FOR A POPULATION OF PERSONS WITH DEVELOPMENTAL DISABILITIES, AS
 SUCH  TERM  IS  DEFINED  IN SECTION 1.03 OF THE MENTAL HYGIENE LAW. SUCH
 WAIVER APPLICATIONS SHALL BE EXECUTED IN  ACCORDANCE  WITH  SUBDIVISIONS
 SEVEN, SEVEN-A AND SEVEN-B OF THIS SECTION.
   §  4.  Paragraph  (a)  of subdivision 2 of section 366-c of the social
 services law, as amended by section 68 of part A of chapter  56  of  the
 laws of 2013, is amended to read as follows:
   (a)  For  purposes  of this section an "institutionalized spouse" is a
 person (i) who is in a  medical  institution  or  nursing  facility  and
 expected  to  remain in such facility or institution for at least thirty
 consecutive days; or (ii) who is receiving care, services  and  supplies
 pursuant  to  a  waiver  pursuant  to subsection (c) of section nineteen
 hundred fifteen of the federal social security act, OR SUCCESSOR TO SUCH
 WAIVER, or is receiving care, services and supplies in a  managed  long-
 term  care plan pursuant to section eleven hundred fifteen of the social
 security act; and (iii) who is married to a  person  who  is  not  in  a
 medical  institution  or  nursing  facility  or  is not receiving waiver
 services described in subparagraph (ii)  of  this  paragraph;  provided,
 however,  that  medical  assistance  shall be furnished pursuant to this
 paragraph only if, for so long as, and to the extent that federal finan-
 cial participation is available therefor.   The commissioner  of  health

 A. 9507--B                         56
 
 shall  make  any amendments to the state plan for medical assistance, or
 apply for any waiver or approval under the federal social  security  act
 that are necessary to carry out the provisions of this paragraph.
   §  5.  The  closing paragraph of subdivision 4 of section 366-c of the
 social services law, as amended by section 42 of part D of chapter 58 of
 the laws of 2009, is amended to read as follows:
 provided, however, that, to the extent  required  by  federal  law,  the
 terms  of  this subdivision shall not apply to persons who are receiving
 care, services and supplies pursuant  to  the  following  waivers  under
 section 1915(c) of the federal social security act: the nursing facility
 transition and diversion waiver authorized pursuant to subdivision six-a
 of  section  three  hundred sixty-six of this title; the traumatic brain
 injury waiver authorized pursuant to section twenty-seven hundred  forty
 of  the public health law, the long term home health care program waiver
 authorized pursuant to  section  three  hundred  sixty-seven-c  of  this
 title, and the home and community based services waiver for persons with
 developmental disabilities, OR SUCCESSOR TO SUCH WAIVER, administered by
 the  office  [of  mental  retardation and] FOR PEOPLE WITH developmental
 disabilities pursuant to an agreement with the federal centers for medi-
 care and Medicaid services.
   § 6. Paragraph 4 of subdivision (a) of section  16.03  of  the  mental
 hygiene  law, as added by section 6 of part MM of chapter 58 of the laws
 of 2015, is amended to read as follows:
   (4) The provision of home and community based services approved  under
 a  waiver  program authorized pursuant to SECTION ELEVEN HUNDRED FIFTEEN
 OF THE FEDERAL SOCIAL SECURITY ACT OR 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, provided that an operating certificate issued pursuant  to
 this  paragraph  shall  only  authorize  services in a home or community
 setting.
   § 7. Paragraph 2 of subdivision (a) of section  16.11  of  the  mental
 hygiene law, as added by section 10 of part MM of chapter 58 of the laws
 of 2015, is amended to read as follows:
   (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,  OR
 OTHER  SUCCESSOR  MEDICAID  WAIVER PROGRAM, and applicable federal regu-
 lation, subdivisions seven and seven-a of section three  hundred  sixty-
 six  of the social services law and rules and regulations adopted by the
 commissioner.
   § 8. Subdivision (b) of section 80.03 of the mental  hygiene  law,  as
 amended  by  chapter  37  of  the  laws  of  2011, is amended to read as
 follows:
   (b) "A patient in need of surrogate decision-making" means  a  patient
 as  defined  in subdivision twenty-three of section 1.03 of this chapter
 who is: a resident of a mental hygiene facility including a resident  of
 housing  programs funded by an office of the department or whose federal
 funding application was approved by an office of the department  or  for
 whom  such  facility  maintains  legal  admission  status  therefor; or,
 receiving home and community-based  services  for  persons  with  mental
 disabilities  provided  pursuant  to section 1915 OR 1115 of the federal
 social security act; or receiving individualized support  services;  or,
 case management or service coordination funded, approved, or provided by
 the  office  for  people  with developmental disabilities; and, for whom

 A. 9507--B                         57
 
 major medical treatment is proposed, and who is determined by the surro-
 gate decision-making committee to lack the  ability  to  consent  to  or
 refuse  such  treatment,  but  shall  not include minors with parents or
 persons with legal guardians, committees or conservators who are legally
 authorized,  available  and  willing to make such health care decisions.
 Once a person is eligible for surrogate decision-making, such person may
 continue to receive surrogate  decision-making  as  authorized  by  this
 section regardless of a change in residential status.
   § 9. Subdivision 1-a of section 84 of part A of chapter 56 of the laws
 of  2013,  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 2013-2014 state fiscal year, is
 amended to read as follows:
   1-a.  sections  seventy-three  through  eighty-a  shall  expire and be
 deemed repealed September 30, [2019] 2024
   § 10. Paragraph (a-1) of subdivision 8 of section 4403 of  the  public
 health law, as amended by chapter 474 of the laws of 2015, is amended to
 read as follows:
   (a-1)  If  the  commissioner  and  the  commissioner of the office for
 people with developmental disabilities determine that such  organization
 lacks  the experience required in paragraph (a) of this subdivision, the
 organization shall have an affiliation arrangement  with  an  entity  or
 entities that are CONTROLLED BY non-profit ORGANIZATIONS with experience
 serving  persons  with  developmental  disabilities,  AS DEMONSTRATED BY
 CRITERIA TO BE DETERMINED BY THE COMMISSIONER AND  THE  COMMISSIONER  OF
 THE  OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, WITH SUCH CRITE-
 RIA including, but not limited  to,  residential,  day,  and  employment
 services  such  that  the  affiliated  entity  will  coordinate and plan
 services operated, certified, funded,  authorized  or  approved  by  the
 office  for  people  with developmental disabilities or will oversee and
 approve such coordination and planning;
   § 11. 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 20 of part D of chapter 57
 of the laws of 2015, is amended to read as follows:
   §  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, [2019] 2024 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.
   §  12.  Paragraph  (a-1)  of  subdivision  12 of section 4403-f of the
 public health law, as amended by chapter 474 of the  laws  of  2015,  is
 amended to read as follows:
   (a-1)  If  the  commissioner  and  the  commissioner of the office for
 people with developmental disabilities determine that  such  plan  lacks
 the  experience  required in paragraph (a) of this subdivision, the plan
 shall have an affiliation arrangement with an entity  or  entities  that
 are  non-profit ORGANIZATIONS OR ORGANIZATIONS WHOSE SHAREHOLDERS SOLELY

 A. 9507--B                         58
 
 CONSIST OF NON-PROFIT ORGANIZATIONS with experience serving persons with
 developmental disabilities, AS DEMONSTRATED BY CRITERIA TO BE DETERMINED
 BY THE COMMISSIONER AND THE COMMISSIONER OF THE OFFICE FOR  PEOPLE  WITH
 DEVELOPMENTAL DISABILITIES, WITH SUCH CRITERIA including, but not limit-
 ed  to,  residential,  day and employment services, such that the affil-
 iated entity will coordinate  and  plan  services  operated,  certified,
 funded,  authorized  or  approved by the office for people with develop-
 mental disabilities or will oversee and approve  such  coordination  and
 planning;
   §  13.  Paragraph (d) of subdivision 1 of section 4403-g of the public
 health law, as added by section 73 of part A of chapter 56 of  the  laws
 of 2013, is amended to read as follows:
   (d)  "Health  and  long term care services" means COMPREHENSIVE HEALTH
 services AND OTHER SERVICES AS DETERMINED BY THE  COMMISSIONER  AND  THE
 COMMISSIONER  OF  THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES,
 whether provided by state-operated programs or not-for-profit  entities,
 including,  but not limited to, habilitation services, home and communi-
 ty-based and institution-based long term care  services,  and  ancillary
 services,  that  shall  include medical supplies and nutritional supple-
 ments, that are necessary to meet the needs of persons whom the plan  is
 authorized  to  enroll[,  and may include primary care and acute care if
 the DISCO is authorized to provide or arrange for such services].   Each
 person  enrolled  in  a  DISCO  shall  receive health and long term care
 services designed to achieve person-centered outcomes,  to  enable  that
 person  to  live  in  the  most  integrated  setting appropriate to that
 person's needs, and to enable that person to interact  with  nondisabled
 persons  to  the  fullest extent possible in social, workplace and other
 community settings, provided that all such services are consistent  with
 such  person's  wishes  to  the extent that such wishes are known and in
 accordance with such person's needs.
   § 14. Paragraph (b) of subdivision 3 of section 4403-g of  the  public
 health  law,  as added by section 73 of part A of chapter 56 of the laws
 of 2013, is amended to read as follows:
   (b) A description of the services to be covered by such  DISCO,  WHICH
 MUST INCLUDE ALL HEALTH AND LONG TERM CARE SERVICES, AS DEFINED IN PARA-
 GRAPH  (D)  OF  SUBDIVISION  ONE  OF THIS SECTION, AND OTHER SERVICES AS
 DETERMINED BY THE COMMISSIONER AND THE COMMISSIONER OF  THE  OFFICE  FOR
 PEOPLE WITH DEVELOPMENTAL DISABILITIES;
   §  15.  Paragraph (j) of subdivision 4 of section 4403-g of the public
 health law, as added by section 73 of part A of chapter 56 of  the  laws
 of 2013, is amended to read as follows:
   (j)  Readiness and capability [to arrange and manage covered services]
 OF ORGANIZING, MARKETING, MANAGING, PROMOTING AND OPERATING A HEALTH AND
 LONG TERM CARE SERVICES PLAN, OR HAS AN AFFILIATION  AGREEMENT  WITH  AN
 ENTITY THAT HAS SUCH READINESS AND CAPABILITY;
   §  16.  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 17 of
 part D of chapter 57 of the laws of 2015, 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, [2019] 2024 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;

 A. 9507--B                         59
 
   §  17.  Subdivision (c) of section 13.40 of the mental hygiene law, as
 added by section 72-b of part A of chapter 56 of the laws  of  2013,  is
 amended to read as follows:
   (c)  No  person  with  a  developmental disability who is receiving or
 applying for medical assistance and who is  receiving,  or  eligible  to
 receive, services operated, funded, certified, authorized or approved by
 the office, shall be required to enroll in a DISCO, HMO or MLTC in order
 to  receive such services until program features and reimbursement rates
 are approved by the commissioner and the  commissioner  of  health,  and
 until  such  commissioners  determine  that a sufficient number of plans
 that are authorized to coordinate care for individuals pursuant to  this
 section  or  that  are  authorized  to operate and to exclusively enroll
 persons with developmental disabilities pursuant to subdivision  twenty-
 seven  of  section three hundred sixty-four-j of the social services law
 are operating in such person's county of residence to meet the needs  of
 persons with developmental disabilities, and that such entities meet the
 standards  of  this  section. No person shall be required to enroll in a
 DISCO, HMO or MLTC in order to receive services operated, funded, certi-
 fied, authorized or approved by the office until there are at least  two
 entities  operating  under this section in such person's county of resi-
 dence, unless federal approval is secured  to  require  enrollment  when
 there are less than two such entities operating in such county. NOTWITH-
 STANDING THE FOREGOING OR ANY OTHER LAW TO THE CONTRARY, ANY HEALTH CARE
 PROVIDER: (I) ENROLLED IN THE MEDICAID PROGRAM AND (II) RENDERING HOSPI-
 TAL  SERVICES,  AS  SUCH TERM IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED
 ONE OF THE PUBLIC HEALTH LAW, TO  AN  INDIVIDUAL  WITH  A  DEVELOPMENTAL
 DISABILITY  WHO IS ENROLLED IN A DISCO, HMO OR MLTC, OR A PREPAID HEALTH
 SERVICES PLAN OPERATING PURSUANT TO SECTION FORTY-FOUR  HUNDRED  THREE-A
 OF  THE  PUBLIC HEALTH LAW, INCLUDING, BUT NOT LIMITED TO, AN INDIVIDUAL
 WHO IS ENROLLED IN A PLAN AUTHORIZED BY  SECTION  THREE  HUNDRED  SIXTY-
 FOUR-J  OR  THE  SOCIAL SERVICES LAW, SHALL ACCEPT AS FULL REIMBURSEMENT
 THE NEGOTIATED RATE OR, IN THE EVENT THAT THERE IS NO  NEGOTIATED  RATE,
 THE  RATE  OF PAYMENT THAT THE APPLICABLE GOVERNMENT AGENCY WOULD OTHER-
 WISE PAY FOR SUCH RENDERED HOSPITAL SERVICES.
   § 18. Section 11 of chapter 710 of the  laws  of  1988,  amending  the
 social services law and the education law relating to medical assistance
 eligibility  of  certain  persons and providing for managed medical care
 demonstration programs, as amended by section 1 of part F of chapter  73
 of the laws of 2016, is amended to read as follows:
   §  11.  This  act  shall  take  effect  immediately;  except  that the
 provisions of sections one, two, three, four, eight and ten of this  act
 shall take effect on the ninetieth day after it shall have become a law;
 and  except  that the provisions of sections five, six and seven of this
 act shall take effect January 1, 1989; and except that  effective  imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary  for  the implementation of this act on its effective date are
 authorized and directed to be made  and  completed  on  or  before  such
 effective  date; provided, however, that the provisions of section 364-j
 of the social services law, as added by section one of  this  act  shall
 expire  and  be  deemed repealed on and after March 31, [2019] 2024, the
 provisions of section 364-k of the social  services  law,  as  added  by
 section  two  of  this act, except subdivision 10 of such section, shall
 expire and be deemed repealed on and after  January  1,  1994,  and  the
 provisions  of  subdivision  10  of section 364-k of the social services
 law, as added by section two of this act, shall  expire  and  be  deemed
 repealed on January 1, 1995.

 A. 9507--B                         60
 
   §  19. This act shall take effect immediately; provided, however, that
 the amendments to subparagraph (vii) of paragraph e of subdivision 3  of
 section 364-j of the social services law made by section one of this act
 shall not affect the repeal of such section and shall be deemed repealed
 therewith; provided further, however, that the amendments to subdivision
 4  of  section  366-c of the social services law made by section five of
 this act shall not affect the expiration of such subdivision  and  shall
 be  deemed  to  expire  therewith;  provided  further, however, that the
 amendments to paragraph (a-1) of subdivision 12 of section 4403-f of the
 public health law made by section twelve of this act  shall  not  affect
 the repeal of such section and shall be deemed to be repealed therewith.
 
                                  PART AA
 
   Section  1. Subdivisions 3-b and 3-c of section 1 of part C of chapter
 57 of the laws of 2006,  relating  to  establishing  a  cost  of  living
 adjustment for designated human services programs, as amended by section
 1  of  part  Q of chapter 57 of the laws of 2017, are amended to read as
 follows:
   3-b. Notwithstanding any  inconsistent  provision  of  law,  beginning
 April  1, 2009 and ending March 31, 2016 and beginning April 1, 2017 and
 ending March 31, [2018] 2019, the commissioners shall not include a COLA
 for the purpose of establishing rates  of  payments,  contracts  or  any
 other  form  of  reimbursement,  provided  that the commissioners of the
 office for people with developmental disabilities, the office of  mental
 health,  and the office of alcoholism and substance abuse services shall
 not include a COLA beginning April 1, 2017 and ending March 31, 2019.
   3-c. Notwithstanding any  inconsistent  provision  of  law,  beginning
 April 1, [2018] 2019 and ending March 31, [2021] 2022, the commissioners
 shall develop the COLA under this section using the actual U.S. consumer
 price  index  for  all  urban  consumers (CPI-U) published by the United
 States department of labor, bureau of labor statistics  for  the  twelve
 month  period  ending  in  July  of  the budget year prior to such state
 fiscal  year,  for  the  purpose  of  establishing  rates  of  payments,
 contracts or any other form of reimbursement.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2018; provided,
 however, that the amendments to section 1 of part C of chapter 57 of the
 laws of 2006 made by section one of this act shall not affect the repeal
 of such section and shall be deemed repealed therewith.
 
                                  PART BB
 
   Section 1. Intentionally omitted.
   § 2. Intentionally omitted.
   § 3. Intentionally omitted.
   § 4. Subdivision (b) of schedule I  of  section  3306  of  the  public
 health  law is amended by adding two new paragraphs 56 and 57 to read as
 follows:
   (56) 3,4-DICHLORO-N-{(1-DIMETHYLAMINO)     CYCLOHEXYLMETHYL}BENZAMIDE.
 SOME TRADE OR OTHER NAMES: AH-7921.
   (57) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLACETAMIDE   (ACETYL  FENTA-
 NYL).
   § 5. Subdivision (d) of schedule I  of  section  3306  of  the  public
 health  law  is  amended by adding three new paragraphs 36, 37 and 38 to
 read as follows:

 A. 9507--B                         61
 
   (36) 5-METHOXY-N,N-DIMETHYLTRYPTAMINE.
   (37) ALPHA-METHYLTRYPTAMINE. SOME TRADE OR OTHER NAMES: AMT.
   (38) 5-METHOXY-N,N-DIISOPROPYLTRYPTAMINE.  SOME  TRADE OR OTHER NAMES:
 5-MEO-DIPT.
   § 6. Intentionally omitted.
   § 7. Schedule I of section 3306 of the public health law is amended by
 adding two new subdivisions (g) and (h) to read as follows:
   (G) SYNTHETIC CANNABINOIDS. UNLESS  SPECIFICALLY  EXCEPTED  OR  UNLESS
 LISTED IN ANOTHER SCHEDULE, ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARA-
 TION, WHICH CONTAINS ANY QUANTITY OF THE FOLLOWING SYNTHETIC CANNABINOID
 SUBSTANCES,  OR  WHICH  CONTAINS ANY OF ITS SALTS, ISOMERS, AND SALTS OF
 ISOMERS WHENEVER THE EXISTENCE OF SUCH  SALTS,  ISOMERS,  AND  SALTS  OF
 ISOMERS  IS  POSSIBLE  WITHIN  THE  SPECIFIC  CHEMICAL  DESIGNATION (FOR
 PURPOSES OF THIS PARAGRAPH ONLY, THE TERM "ISOMER" INCLUDES THE OPTICAL,
 POSITION AND GEOMETRIC ISOMERS):
   (1) (1-PENTYL-1H-INDOL-3-YL)(2,2,3,3-TETRAMETHYLCYCLOPROPYL)    METHA-
 NONE.  SOME TRADE OR OTHER NAMES: UR-144.
   (2) {1-(5-FLURO-PENTYL)-1H-INDOL-3-YL}(2,2,3,3-TETRAMETHYLCYCLOPROPYL)
 METHANONE. SOME TRADE NAMES OR OTHER NAMES: 5-FLUORO-UR-144, XLR11.
   (3) N-(1-ADAMANTYL)-1-PENTYL-1H-INDAZOLE-3-CARBOXAMIDE.  SOME TRADE OR
 OTHER NAMES: APINACA, AKB48.
   (4) QUINOLIN-8-YL  1-PENTYL-1H-INDOLE-3-CARBOXYLATE.  SOME  TRADE   OR
 OTHER NAMES: PB-22; QUPIC.
   (5) QUINOLIN-8-YL   1-(5-FLUOROPENTYL)-1H-INDOLE-3-CARBOXYLATE.   SOME
 TRADE OR OTHER NAMES: 5-FLUORO-PB-22; 5F-PB-22.
   (6) N-(1-AMINO-3-METHYL-1-OXOBUTAN-2-YL)-1-(4-FLUOROBENZYL)-1H-INDAZO-
 LE-3-CARBOXAMIDE. SOME TRADE OR OTHER NAMES: AB-FUBINACA.
   (7) N-(1-AMINO-3,3-DIMETHYL-1-OXOBUTAN-2-YL)-1-PENTYL-1H-INDAZOLE-3-
 CARBOXAMIDE. SOME TRADE OR OTHER NAMES: ADB-PINACA.
   (8) N-(1-AMINO-3-METHYL-1-OXOBUTAN-2-YL)-1-(CYCLOHEXYLMETHYL)-1H-INDAZO-
 LE-3-CARBOXAMIDE. SOME TRADE OR OTHER NAMES: AB-CHMINACA.
   (9) N-(1-AMINO-3-METHYL-1-OXOBUTAN-2-YL)-1-PENTYL-1H-INDAZOLE-3-CARBOXA-
 MIDE.  SOME TRADE OR OTHER NAMES: AB-PINACA.
   (10) {1-(5-FLUOROPENTYL)-1H-INDAZOL-3-YL}(NAPHTHALEN-1-Y1)METHANONE.
 SOME TRADE OR OTHER NAMES: THJ-2201.
   (H) (1) CANNABIMIMETIC AGENTS. UNLESS SPECIFICALLY EXEMPTED OR  UNLESS
 LISTED IN ANOTHER SCHEDULE, ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARA-
 TION  THAT  IS  NOT APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION
 (FDA) WHICH CONTAINS ANY QUANTITY OF  CANNABIMIMETIC  AGENTS,  OR  WHICH
 CONTAINS  THEIR SALTS, ISOMERS, AND SALTS OF ISOMERS WHENEVER THE EXIST-
 ENCE OF SUCH SALTS, ISOMERS, AND SALTS OF ISOMERS IS POSSIBLE WITHIN THE
 SPECIFIC CHEMICAL DESIGNATION.
   (2) AS USED IN THIS  SUBDIVISION,  THE  TERM  "CANNABIMIMETIC  AGENTS"
 MEANS ANY SUBSTANCE THAT IS A CANNABINOID RECEPTOR TYPE 1 (CB1 RECEPTOR)
 AGONIST  AS DEMONSTRATED BY BINDING STUDIES AND FUNCTIONAL ASSAYS WITHIN
 ANY OF THE FOLLOWING STRUCTURAL CLASSES:
   (I) 2-(3-HYDROXYCYCLOHEXYL)PHENOL WITH SUBSTITUTION AT THE  5-POSITION
 OF  THE PHENOLIC RING BY ALKYL OR ALKENYL, WHETHER OR NOT SUBSTITUTED ON
 THE CYCLOHEXYL RING TO ANY EXTENT.
   (II) 3-(1-NAPHTHOYL)INDOLE OR 3-(1-NAPHTHYLMETHANE)INDOLE  BY  SUBSTI-
 TUTION  AT  THE NITROGEN ATOM OF THE INDOLE RING, WHETHER OR NOT FURTHER
 SUBSTITUTED ON THE INDOLE RING TO ANY EXTENT, WHETHER OR NOT SUBSTITUTED
 ON THE NAPHTHOYL OR NAPHTHYL RING TO ANY EXTENT.
   (III) 3-(1-NAPHTHOYL)PYRROLE BY SUBSTITUTION AT THE NITROGEN  ATOM  OF
 THE PYRROLE RING, WHETHER OR NOT FURTHER SUBSTITUTED IN THE PYRROLE RING

 A. 9507--B                         62
 
 TO  ANY  EXTENT, WHETHER OR NOT SUBSTITUTED ON THE NAPHTHOYL RING TO ANY
 EXTENT.
   (IV)  1-(1-NAPHTHYLMETHYLENE)INDENE  BY SUBSTITUTION OF THE 3-POSITION
 OF THE INDENE RING, WHETHER OR NOT FURTHER  SUBSTITUTED  IN  THE  INDENE
 RING  TO  ANY EXTENT, WHETHER OR NOT SUBSTITUTED ON THE NAPHTHYL RING TO
 ANY EXTENT.
   (V) 3-PHENYLACETYLINDOLE OR 3-BENZOYLINDOLE  BY  SUBSTITUTION  AT  THE
 NITROGEN  ATOM OF THE INDOLE RING, WHETHER OR NOT FURTHER SUBSTITUTED IN
 THE INDOLE RING TO ANY EXTENT, WHETHER OR NOT SUBSTITUTED ON THE  PHENYL
 RING TO ANY EXTENT.
   (3) SUCH TERM INCLUDES:
   (I)      5-(1,1-DIMETHYLHEPTYL)-2-{(1R,3S)-3-HYDROXYCYCLOHEXYL}-PHENOL
 (CP-47,497);
   (II)      5-(1,1-DIMETHYLOCTYL)-2-{(1R,3S)-3-HYDROXYCYCLOHEXYL}-PHENOL
 (CANNABICYCLOHEXANOL OR CP-47,497 C8-HOMOLOG);
   (III) 1-PENTYL-3-(1-NAPHTHOYL)INDOLE (JWH-018 AND AM678);
   (IV) 1-BUTYL-3-(1-NAPHTHOYL)INDOLE (JWH-073);
   (V) 1-HEXYL-3-(1-NAPHTHOYL)INDOLE (JWH-019);
   (VI) 1-{2-(4-MORPHOLINYL)ETHYL}-3-(1-NAPHTHOYL)INDOLE (JWH-200);
   (VII) 1-PENTYL-3-(2-METHOXYPHENYLACETYL)INDOLE (JWH-250);
   (VIII) 1-PENTYL-3-{1-(4-METHOXYNAPHTHOYL)}INDOLE (JWH-081);
   (IX) 1-PENTYL-3-(4-METHYL-1-NAPHTHOYL)INDOLE (JWH-122);
   (X) 1-PENTYL-3-(4-CHLORO-1-NAPHTHOYL)INDOLE (JWH-398);
   (XI) 1-(5-FLUOROPENTYL)-3-(1-NAPHTHOYL)INDOLE (AM2201);
   (XII) 1-(5-FLUOROPENTYL)-3-(2-IODOBENZOYL)INDOLE (AM694);
   (XIII) 1-PENTYL-3-{(4-METHOXY)-BENZOYL}INDOLE (SR-19 AND RCS-4);
   (XIV)   1-CYCLOHEXYLETHYL-3-(2-METHOXYPHENYLACETYL)INDOLE  (SR-18  AND
 RCS-8); AND
   (XV) 1-PENTYL-3-(2-CHLOROPHENYLACETYL)INDOLE (JWH-203).
   § 8. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
                                  PART CC
 
   Section 1. Intentionally omitted.
   § 2. Intentionally omitted.
   §  3.  Paragraph  (b)  of  subdivision 12 of section 230 of the public
 health law, as amended by chapter 599 of the laws of 1996, is amended to
 read as follows:
   (b) When a licensee has pleaded or been found guilty or  convicted  of
 committing  an  act  constituting  a  felony under New York state law or
 federal law, or the law of  another  jurisdiction  which,  if  committed
 within  this state, would have constituted a felony under New York state
 law, OR WHEN A LICENSEE HAS BEEN CHARGED WITH COMMITTING AN ACT  CONSTI-
 TUTING A FELONY UNDER NEW YORK STATE OR FEDERAL LAW OR THE LAW OF ANOTH-
 ER JURISDICTION, WHERE THE LICENSEE'S ALLEGED CONDUCT, WHICH, IF COMMIT-
 TED  WITHIN  THIS  STATE, WOULD HAVE CONSTITUTED A FELONY UNDER NEW YORK
 STATE LAW, AND IN THE  COMMISSIONER'S  OPINION  THE  LICENSEE'S  ALLEGED
 CONDUCT  CONSTITUTES  AN IMMINENT DANGER TO THE HEALTH OF THE PEOPLE, or
 when the duly authorized professional  disciplinary  agency  of  another
 jurisdiction  has  made  a finding substantially equivalent to a finding
 that the practice of medicine  by  the  licensee  in  that  jurisdiction
 constitutes  an  imminent  danger to the health of its people, or when a
 licensee has been disciplined by a duly authorized  professional  disci-
 plinary  agency  of  another jurisdiction for acts which if committed in
 this state would have constituted the basis for summary  action  by  the

 A. 9507--B                         63
 
 commissioner  pursuant to paragraph (a) of this subdivision, the commis-
 sioner, after a recommendation by a committee of professional conduct of
 the state board for professional medical conduct, may order  the  licen-
 see,  by written notice, to discontinue or refrain from practicing medi-
 cine in whole or in part or to take certain actions authorized  pursuant
 to  this  title immediately. The order of the commissioner shall consti-
 tute summary action against the licensee and become  public  upon  issu-
 ance.  The  summary  suspension  shall  remain in effect until the final
 conclusion of a hearing which shall commence within ninety days  of  the
 date  of  service  of  the  commissioner's order, end within ninety days
 thereafter and otherwise be held in accordance  with  paragraph  (a)  of
 this  subdivision, provided, however, that when the commissioner's order
 is based upon a finding substantially equivalent to a finding  that  the
 practice of medicine by the licensee in another jurisdiction constitutes
 an  imminent  danger  to  the  health  of  its people, the hearing shall
 commence within thirty days after the disciplinary proceedings  in  that
 jurisdiction  are  finally concluded. IF, AT ANY TIME, THE FELONY CHARGE
 IS DISMISSED, WITHDRAWN OR REDUCED TO A NON-FELONY CHARGE,  THE  COMMIS-
 SIONER'S SUMMARY ORDER SHALL TERMINATE.
   § 4. This act shall take effect immediately.
 
                                  PART DD
 
   Section  1. Subdivisions 2 and 4 of section 6801 of the education law,
 as amended by chapter 46 of the laws of 2015, are  amended  to  read  as
 follows:
   2.  A  licensed  pharmacist may execute a non-patient specific regimen
 prescribed or ordered by a physician licensed in  this  state  or  nurse
 practitioner  certified in this state, pursuant to rules and regulations
 promulgated by the commissioner. When a licensed pharmacist  administers
 an immunizing agent, he or she shall:
   (a)  report  such administration by electronic transmission or [fasci-
 mile] FACSIMILE to the patient's attending primary health  care  practi-
 tioner  or  practitioners,  if any, and, to the extent practicable, make
 himself or herself available to discuss the outcome  of  such  immuniza-
 tion, including any adverse reactions, with the attending primary health
 care  practitioner,  [or]  AND to the statewide immunization registry or
 the citywide immunization registry, as established pursuant  to  section
 twenty-one hundred sixty-eight of the public health law; and
   (b)  provide  information  to  the  patient  OR, WHERE APPLICABLE, THE
 PERSON LEGALLY RESPONSIBLE FOR THE PATIENT, on the importance of  having
 a  primary  health  care  practitioner, developed by the commissioner of
 health; and
   (c) report such administration, absent of any  individually  identifi-
 able  health  information,  to  the  department  of  health  in a manner
 required by the commissioner of health[.]; AND
   (d) prior to administering the immunization, inform  the  patient  OR,
 WHERE APPLICABLE, THE PERSON LEGALLY RESPONSIBLE FOR THE PATIENT, of the
 total  cost of the immunization or immunizations, subtracting any health
 insurance subsidization, if applicable. In the case the immunization  is
 not  covered,  the pharmacist must inform the patient OR, WHERE APPLICA-
 BLE, THE PERSON LEGALLY RESPONSIBLE FOR THE PATIENT, of the  possibility
 that the immunization may be covered when administered by a primary care
 physician or practitioner; and
   (e) administer the immunization or immunizations according to the most
 current recommendations by the advisory committee for immunization prac-

 A. 9507--B                         64
 
 tices  (ACIP),  provided  however,  that a pharmacist may administer any
 immunization authorized under this section when specified by  a  patient
 specific order.
   4.  When  administering  an  immunization  in a pharmacy, the licensed
 pharmacist shall provide an area for the immunization that provides  for
 a patient's privacy. The privacy area should include:
   A.  a  clearly  visible posting of the most current "Recommended Adult
 Immunization Schedule" published by the advisory committee for immuniza-
 tion practices (ACIP); AND
   (B) EDUCATION MATERIALS ON  INFLUENZA  VACCINATIONS  FOR  CHILDREN  AS
 DETERMINED BY THE COMMISSIONER AND THE COMMISSIONER OF HEALTH.
   §  2.  Subdivision 22 of section 6802 of the education law, as amended
 by chapter 46 of the laws of 2015, is amended to read as follows:
   22. "Administer", for the purpose of section sixty-eight  hundred  one
 of this article, means:
   A. the direct application of an immunizing agent to adults, whether by
 injection,  ingestion,  INHALATION  or  any  other  means, pursuant to a
 patient specific order or non-patient  specific  regimen  prescribed  or
 ordered  by a physician or certified nurse practitioner, who has a prac-
 tice site in the county or adjoining county in which the immunization is
 administered, for  immunizations  to  prevent  influenza,  pneumococcal,
 acute  herpes  zoster,  meningococcal,  tetanus, diphtheria or pertussis
 disease and medications required for emergency treatment of anaphylaxis.
 If the commissioner of health determines that there is  an  outbreak  of
 disease, or that there is the imminent threat of an outbreak of disease,
 then the commissioner of health may issue a non-patient specific regimen
 applicable statewide.
   B.  THE  DIRECT APPLICATION OF AN IMMUNIZING AGENT TO CHILDREN BETWEEN
 THE AGES OF TWO AND EIGHTEEN YEARS OF AGE, WHETHER BY INJECTION,  INGES-
 TION,  INHALATION  OR  ANY  OTHER  MEANS, PURSUANT TO A PATIENT SPECIFIC
 ORDER OR NON-PATIENT SPECIFIC REGIMEN PRESCRIBED OR ORDERED BY A  PHYSI-
 CIAN  OR  CERTIFIED  NURSE  PRACTITIONER, WHO HAS A PRACTICE SITE IN THE
 COUNTY OR ADJOINING COUNTY IN WHICH THE  IMMUNIZATION  IS  ADMINISTERED,
 FOR IMMUNIZATION TO PREVENT INFLUENZA AND MEDICATIONS REQUIRED FOR EMER-
 GENCY  TREATMENT OF ANAPHYLAXIS RESULTING FROM SUCH IMMUNIZATION. IF THE
 COMMISSIONER OF HEALTH DETERMINES THAT THERE IS AN OUTBREAK OF  INFLUEN-
 ZA,  OR  THAT  THERE IS THE IMMINENT THREAT OF AN OUTBREAK OF INFLUENZA,
 THEN THE COMMISSIONER OF HEALTH MAY ISSUE A NON-PATIENT SPECIFIC REGIMEN
 APPLICABLE STATEWIDE.
   § 2-a. Paragraph a of subdivision 3 of  section  2168  of  the  public
 health law, as amended by chapter 420 of the laws of 2014, is amended to
 read as follows:
   (a)  (I)  Any  health  care  provider who administers any vaccine to a
 person less than nineteen years of age or, on or after September  first,
 two  thousand  nine, conducts a blood lead analysis of a sample obtained
 from a person under eighteen years of age in accordance  with  paragraph
 (h)  of subdivision two of this section; and immunizations received by a
 person less than nineteen years of  age  in  the  past  if  not  already
 reported,  shall  report  all  such immunizations and the results of any
 blood lead analysis to the department in  a  format  prescribed  by  the
 commissioner  within  fourteen  days of administration of such immuniza-
 tions or of obtaining the results  of  any  such  blood  lead  analysis.
 Health  care  providers administering immunizations to persons less than
 nineteen years of age in the city of New York shall report, in a  format
 prescribed  by  the  city  of New York commissioner of health and mental
 hygiene, all such immunizations to the citywide  immunization  registry.

 A. 9507--B                         65
 
 Health  care  providers  who  conduct  a blood lead analysis on a person
 under eighteen years of age and who report the results of such  analysis
 to the city of New York commissioner of health and mental hygiene pursu-
 ant  to  New  York city reporting requirements shall be exempt from this
 requirement for reporting blood  lead  analysis  results  to  the  state
 commissioner  of  health;  provided,  however,  blood lead analysis data
 collected from physician office  laboratories  by  the  commissioner  of
 health and mental hygiene of the city of New York pursuant to the health
 code  of  the  city of New York shall be provided to the department in a
 format prescribed by the commissioner.
   (II) A PHARMACIST WHO ADMINISTERS A VACCINE  PURSUANT  TO  SUBDIVISION
 TWO OF SECTION SIXTY-EIGHT HUNDRED ONE OF THE EDUCATION LAW, TO A PERSON
 LESS  THAN NINETEEN YEARS OF AGE, SHALL REPORT ALL SUCH IMMUNIZATIONS TO
 THE DEPARTMENT IN A FORMAT PRESCRIBED BY THE COMMISSIONER  WITHIN  FOUR-
 TEEN  DAYS OF ADMINISTRATION OF SUCH IMMUNIZATIONS. PHARMACISTS ADMINIS-
 TERING IMMUNIZATIONS PURSUANT TO SUBDIVISION TWO OF SECTION  SIXTY-EIGHT
 HUNDRED  ONE OF THE EDUCATION LAW TO PERSONS LESS THAN NINETEEN YEARS OF
 AGE IN THE CITY OF NEW YORK SHALL REPORT, IN A FORMAT PRESCRIBED BY  THE
 CITY  OF  NEW  YORK  COMMISSIONER OF HEALTH AND MENTAL HYGIENE, ALL SUCH
 IMMUNIZATIONS TO THE CITYWIDE IMMUNIZATION REGISTRY.
   § 3. Section 8 of chapter 563 of the laws of 2008, amending the educa-
 tion law and the public health law relating to immunizing agents  to  be
 administered  to  adults by pharmacists, as amended by chapter 46 of the
 laws of 2015, is amended to read as follows:
   § 8. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law  and  shall  expire and be deemed repealed [July 1]
 DECEMBER 31, 2019.
   § 4. Section 5 of chapter 116 of the laws of 2012, amending the educa-
 tion law relating to authorizing a  licensed  pharmacist  and  certified
 nurse  practitioner  to administer certain immunizing agents, as amended
 by chapter 46 of the laws of 2015, is amended to read as follows:
   § 5.  This act shall take effect on the ninetieth day after  it  shall
 have  become  a  law  and  shall  expire and be deemed repealed [July 1]
 DECEMBER 31, 2019 provided, that:
   (a) the amendments to subdivision 7 of section 6527 of  the  education
 law  made by section one of this act shall not affect the repeal of such
 subdivision and shall be deemed to be repealed therewith;
   (b) the amendments to subdivision 7 of section 6909 of  the  education
 law, made by section two of this act shall not affect the repeal of such
 subdivision and shall be deemed to be repealed therewith;
   (c)  the amendments to subdivision 22 of section 6802 of the education
 law made by section three of this act shall not  affect  the  repeal  of
 such subdivision and shall be deemed to be repealed therewith; and
   (d)  the  amendments  to  section  6801  of  the education law made by
 section four of this act shall not affect the expiration of such section
 and shall be deemed to expire therewith.
   § 5. Section 5 of chapter 21 of the laws of 2011, amending the  educa-
 tion  law  relating  to authorizing pharmacists to perform collaborative
 drug therapy management with physicians in certain settings, as  amended
 by chapter 238 of the laws of 2015, is amended to read as follows:
   § 5. This act shall take effect on the one hundred twentieth day after
 it shall have become a law [and], PROVIDED, HOWEVER, THAT THE PROVISIONS
 OF  SECTIONS TWO, THREE, AND FOUR OF THIS ACT shall expire 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  subdivi-
 sion  1 of section 6801 of the education law made by section one of this

 A. 9507--B                         66
 
 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 are authorized and directed to be made
 and completed on or before such effective date.
   § 6. This act shall take effect  immediately;  provided,  however  the
 amendments  to  section 6801 of the education law made by section one of
 this act shall not affect the expiration of such section  and  shall  be
 deemed  to  expire  therewith; provided, further, that the amendments to
 subdivision 22 of section 6802 of the education law made by section  two
 of this act shall not affect the expiration of such section and shall be
 deemed to expire therewith.
 
                                  PART EE
 
   Section 1. Subdivision (d) of section 13.17 of the mental hygiene law,
 as  added  by  section 1 of part Q of chapter 59 of the laws of 2016, is
 amended to read as follows:
   (d) In the event of a closure or transfer of a state-operated individ-
 ualized residential alternative (IRA), the commissioner shall:
   1. provide appropriate and timely notification to the temporary presi-
 dent of the senate, and the speaker of the assembly, and to  appropriate
 representatives  of  impacted  labor organizations. Such notification to
 the representatives of impacted labor organizations  shall  be  made  as
 soon  as  practicable,  but no less than [forty-five] ONE HUNDRED EIGHTY
 days prior to COMMENCING such closure or transfer except in the case  of
 exigent  circumstances  impacting  the health, safety, or welfare of the
 residents of the IRA as determined by  the  office.  Provided,  however,
 that  nothing herein shall limit the ability of the office to effectuate
 such closure or transfer; and
   2. make reasonable efforts to confer with the affected  workforce  and
 any  other  party  he  or  she deems appropriate to inform such affected
 workforce, the residents of the IRA, and  their  family  members,  where
 appropriate, of the proposed closure or transfer plan.
   §  2.  Section 2 of part Q of chapter 59 of the laws of 2016, amending
 the mental hygiene law relating to the closure or transfer of  a  state-
 operated  individualized  residential alternative, is amended to read as
 follows:
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed March 31, [2018] 2022.
   §  3.  This act shall take effect immediately, provided, however, that
 the amendments to subdivision (d) of section 13.17 of the mental hygiene
 law made by section one of this act shall not affect the repeal of  such
 subdivision and shall be deemed repealed therewith.
 
                                  PART FF
 
   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 NN of chapter 58 of the laws  of  2017,  is
 amended to read as follows:
   §  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

 A. 9507--B                         67
 
 effect  until  July 1, [2018] 2019 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.
   § 2. This act shall take effect immediately.
 
                                  PART GG
 
   Section  1.  Paragraph  28  of  subsection  (i) of section 3216 of the
 insurance law, as amended by chapter 11 of the laws of 2012, is  amended
 to read as follows:
   (28) (A) DEFINITIONS. FOR THE PURPOSE OF THIS PARAGRAPH:
   (1) "SAME REIMBURSEMENT AMOUNT" SHALL MEAN THAT ANY COVERAGE DESCRIBED
 UNDER  SUBPARAGRAPH  (B) OF THIS PARAGRAPH SHALL PROVIDE THE SAME BENCH-
 MARK INDEX, INCLUDING THE SAME AVERAGE WHOLESALE PRICE,  MAXIMUM  ALLOW-
 ABLE  COST AND NATIONAL PRESCRIPTION DRUG CODES TO REIMBURSE ALL PHARMA-
 CIES PARTICIPATING IN THE INSURANCE  NETWORK  REGARDLESS  OF  WHETHER  A
 PHARMACY IS A MAIL ORDER PHARMACY OR A NON-MAIL ORDER PHARMACY.
   (2)  "MAIL  ORDER PHARMACY" MEANS A PHARMACY WHOSE PRIMARY BUSINESS IS
 TO  RECEIVE  PRESCRIPTIONS  BY  MAIL,  TELEFAX  OR  THROUGH   ELECTRONIC
 SUBMISSIONS  AND  TO  DISPENSE MEDICATION TO PATIENTS THROUGH THE USE OF
 THE UNITED STATES MAIL OR OTHER COMMON OR CONTRACT CARRIER SERVICES  AND
 PROVIDES ANY CONSULTATION WITH PATIENTS ELECTRONICALLY RATHER THAN FACE-
 TO-FACE.
   (B)  Any  policy  that  provides coverage for prescription drugs shall
 permit each insured  to  fill  any  covered  prescription  that  may  be
 obtained at a network participating mail order or other non-retail phar-
 macy, at the insured's option, at a network participating non-mail order
 retail  pharmacy  provided that the network participating non-mail order
 retail pharmacy agrees [in advance, through a contractual network agree-
 ment,] to the same reimbursement amount[, as well as the same applicable
 terms and conditions,] that the insurer has established for the  network
 participating  mail  order or other non-retail pharmacy. In such a case,
 the policy shall not impose a co-payment fee or other condition  on  any
 insured who elects to purchase prescription drugs from a network partic-
 ipating  non-mail  order  retail  pharmacy  which is not also imposed on
 insureds electing to purchase drugs from a  network  participating  mail
 order or other non-retail pharmacy.
   §  2.  Paragraph 18 of subsection (l) of section 3221 of the insurance
 law, as amended by chapter 11 of the laws of 2012, is amended to read as
 follows:
   (18) (A) DEFINITIONS. FOR THE PURPOSE OF THIS PARAGRAPH:
   (1) "SAME REIMBURSEMENT AMOUNT" SHALL MEAN THAT ANY COVERAGE DESCRIBED
 UNDER SUBPARAGRAPH (B) OF THIS PARAGRAPH SHALL PROVIDE THE  SAME  BENCH-
 MARK  INDEX,  INCLUDING THE SAME AVERAGE WHOLESALE PRICE, MAXIMUM ALLOW-
 ABLE COST AND NATIONAL PRESCRIPTION DRUG CODES TO REIMBURSE ALL  PHARMA-
 CIES  PARTICIPATING  IN  THE  INSURANCE  NETWORK REGARDLESS OF WHETHER A
 PHARMACY IS A MAIL ORDER PHARMACY OR A NON-MAIL ORDER PHARMACY.
   (2) "MAIL ORDER PHARMACY" MEANS A PHARMACY WHOSE PRIMARY  BUSINESS  IS
 TO   RECEIVE  PRESCRIPTIONS  BY  MAIL,  TELEFAX  OR  THROUGH  ELECTRONIC
 SUBMISSIONS AND TO DISPENSE MEDICATION TO PATIENTS THROUGH  THE  USE  OF
 THE  UNITED STATES MAIL OR OTHER COMMON OR CONTRACT CARRIER SERVICES AND
 PROVIDES ANY CONSULTATION WITH PATIENTS ELECTRONICALLY RATHER THAN FACE-
 TO-FACE.
   (B) Any insurer delivering a group or  blanket  policy  or  issuing  a
 group  or blanket policy for delivery in this state that provides cover-

 A. 9507--B                         68
 
 age for prescription drugs shall permit each insured to fill any covered
 prescription that may be obtained at a network participating mail  order
 or  other  non-retail  pharmacy,  at  the insured's option, at a network
 participating  non-mail  order retail pharmacy provided that the network
 participating non-mail order retail pharmacy agrees [in advance, through
 a contractual network agreement,] to the same reimbursement amount[,  as
 well  as the same applicable terms and conditions,] that the insurer has
 established for the network participating mail order or other non-retail
 pharmacy. In such a case, the policy shall not impose a  co-payment  fee
 or  other  condition  on any insured who elects to purchase drugs from a
 network participating non-mail order retail pharmacy which is  not  also
 imposed  on  insureds  electing to purchase drugs from a network partic-
 ipating mail order or other non-retail pharmacy; provided, however, that
 the provisions of this section  shall  not  supersede  the  terms  of  a
 collective  bargaining agreement or apply to a policy that is the result
 of a collective bargaining agreement between an employer  and  a  recog-
 nized or certified employee organization.
   §  3. Subsection (kk) of section 4303 of the insurance law, as amended
 by chapter 11 of the laws of 2012 and as relettered  by  section  55  of
 part D of chapter 56 of the laws of 2013, is amended to read as follows:
   (kk) (1) DEFINITIONS. FOR THE PURPOSE OF THIS SUBSECTION:
   (A) "SAME REIMBURSEMENT AMOUNT" SHALL MEAN THAT ANY COVERAGE DESCRIBED
 UNDER  PARAGRAPH TWO OF THIS SUBSECTION SHALL PROVIDE THE SAME BENCHMARK
 INDEX, INCLUDING THE SAME AVERAGE  WHOLESALE  PRICE,  MAXIMUM  ALLOWABLE
 COST  AND  NATIONAL  PRESCRIPTION DRUG CODES TO REIMBURSE ALL PHARMACIES
 PARTICIPATING IN THE HEALTH BENEFIT PLAN REGARDLESS OF WHETHER A PHARMA-
 CY IS A MAIL ORDER PHARMACY OR A NON-MAIL ORDER PHARMACY.
   (B) "MAIL ORDER PHARMACY" MEANS A PHARMACY WHOSE PRIMARY  BUSINESS  IS
 TO   RECEIVE  PRESCRIPTIONS  BY  MAIL,  TELEFAX  OR  THROUGH  ELECTRONIC
 SUBMISSIONS AND TO DISPENSE MEDICATION TO PATIENTS THROUGH  THE  USE  OF
 THE  UNITED STATES MAIL OR OTHER COMMON OR CONTRACT CARRIER SERVICES AND
 PROVIDES ANY CONSULTATION WITH PATIENTS ELECTRONICALLY RATHER THAN FACE-
 TO-FACE.
   (2) Any contract issued by a medical expense indemnity corporation,  a
 hospital  service  corporation  or  a  health  services corporation that
 provides coverage for  prescription  drugs  shall  permit  each  covered
 person  to  fill  any  covered  prescription  that  may be obtained at a
 network participating mail order or other non-retail  pharmacy,  at  the
 covered  person's  option,  at  a  network  participating non-mail order
 retail pharmacy provided that the network participating  non-mail  order
 retail pharmacy agrees [in advance, through a contractual network agree-
 ment,] to the same reimbursement amount[, as well as the same applicable
 terms  and  conditions,]  that  the  corporation has established for the
 network participating mail order or other non-retail pharmacy.  In  such
 a case, the contract shall not impose a copayment fee or other condition
 on  any  covered  person  who  elects  to  purchase drugs from a network
 participating non-mail order retail pharmacy which is not  also  imposed
 on covered persons electing to purchase drugs from a network participat-
 ing mail order or other non-retail pharmacy; provided, however, that the
 provisions of this section shall not supersede the terms of a collective
 bargaining  agreement  or  apply  to  a contract that is the result of a
 collective bargaining agreement between an employer and a recognized  or
 certified employee organization.
   § 4. This act shall take effect immediately.
 
                                  PART HH

 A. 9507--B                         69
 
   Section  1.  The mental hygiene law is amended by adding a new section
 33.27 to read as follows:
 § 33.27 INDEPENDENT BEHAVIORAL HEALTH OMBUDSMAN.
   (A)  THERE  IS HEREBY ESTABLISHED THE OFFICE OF THE INDEPENDENT BEHAV-
 IORAL HEALTH OMBUDSMAN UNDER THE PURVIEW OF THE OFFICE OF ALCOHOLISM AND
 SUBSTANCE ABUSE SERVICES AND THE OFFICE OF MENTAL HEALTH FOR THE PURPOSE
 OF ASSISTING INDIVIDUALS WITH A SUBSTANCE  USE  DISORDER  AND/OR  MENTAL
 ILLNESS IN ACCESSING APPROPRIATE BEHAVIORAL HEALTH SERVICES.
   (B)  THE BEHAVIORAL HEALTH OMBUDSMAN SHALL ASSIST: (I) INDIVIDUALS AND
 THEIR FAMILIES WITH FILING AND RESOLVING COMPLAINTS REGARDING  A  DENIAL
 OF  BENEFITS, CARE, COVERAGE OR AN ALLEGED VIOLATION OF STATE OR FEDERAL
 PARITY LAWS; (II) BOTH INSURED AND UNINSURED INDIVIDUALS AND THEIR FAMI-
 LIES WITH UNDERSTANDING THEIR RIGHTS TO COVERAGE  AND  NECESSARY  TREAT-
 MENT;  AND  (III)  TREATMENT PROVIDERS WITH IN-DEPTH TRAINING AND EDUCA-
 TIONAL MATERIALS ON HOW TO NAVIGATE INSURANCE COVERAGE AS WELL AS HOW TO
 ADDRESS BARRIERS TO CARE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART II
 
   Section 1. The public health law is amended by adding  a  new  section
 4410-a to read as follows:
   §  4410-A. DISPOSITION OF CHARITABLE ASSET. 1. THIS SECTION APPLIES TO
 ANY TRANSACTION WITH RESPECT TO A HEALTH  CARE  CORPORATION  SUBJECT  TO
 ARTICLE  THIRTY-TWO  OR FORTY-THREE OF THE INSURANCE LAW OR THIS ARTICLE
 INVOLVING:
   (A) ANY SALE, LEASE, TRANSFER,  EXCHANGE,  OPTION,  CONVEYANCE,  GIFT,
 JOINT VENTURE, MERGER, CONSOLIDATION OR DISPOSITION OF ALL OR A MATERIAL
 PORTION OF THE ASSETS OF THE HEALTH CARE CORPORATION;
   (B)  ANY TRANSFER OF CONTROL, RESPONSIBILITY OR GOVERNANCE OVER ALL OR
 SUBSTANTIALLY ALL OF THE ASSETS OF THE HEALTH CARE CORPORATION; OR
   (C) CONTINUATION OF THE CORPORATE EXISTENCE OF THE APPLICANT BY RECON-
 STITUTING THE CORPORATE FORM OF  THE  APPLICANT  FROM  A  NOT-FOR-PROFIT
 CORPORATION  TO  A  BUSINESS  CORPORATION  BY  THE  FILING OF A RESTATED
 CERTIFICATE OF INCORPORATION REGARDLESS OF WHETHER SUCH CHANGES OCCUR IN
 ONE TRANSACTION OR IN A SERIES OF TRANSACTIONS.
   2. ALL MONEY AND OTHER ASSETS RECEIVED BY OR ON BEHALF OF THE STATE OR
 ANY STATE GOVERNMENTAL ENTITY RELATED  TO  ANY  TRANSACTION  UNDER  THIS
 SECTION  SHALL BE IMMEDIATELY DEPOSITED IN THE HEALTH CARE STABILIZATION
 ACCOUNT UNDER SECTION NINETY-TWO-GG OF THE  STATE  FINANCE  LAW,  TO  BE
 SPENT,  USED OR DISPOSED OF ONLY UNDER LAW OR APPROPRIATION REFERRING TO
 THIS SECTION. THIS SUBDIVISION SHALL  NOT  PRECLUDE  INVESTMENT  OF  ANY
 MONEY  IN  THE  ACCOUNT  UNDER  THE STATE FINANCE LAW, PROVIDED THAT THE
 PROCEEDS OF SUCH INVESTMENT SHALL BE DEPOSITED IN THE ACCOUNT.
   3. IF ANY PROVISION OR APPLICATION  OF  THIS  SECTION  CONFLICTS  WITH
 SECTIONS FOUR THOUSAND THREE HUNDRED ONE OR SEVEN THOUSAND THREE HUNDRED
 SEVENTEEN  OF  THE INSURANCE LAW, THIS SECTION SHALL APPLY. THIS SECTION
 SHALL BE DEEMED TO COMPLY WITH SECTIONS FIVE HUNDRED TEN,  FIVE  HUNDRED
 ELEVEN AND FIVE HUNDRED ELEVEN-A OF THE NOT-FOR-PROFIT CORPORATION LAW.
   4.  FUNDS  OR ASSETS IN THE HEALTH CARE STABILIZATION ACCOUNT SHALL BE
 USED OR  DISPOSED  OF  FOR  HEALTH,  HEALTH  CARE  AND  HEALTH  COVERAGE
 PURPOSES,  SUBJECT  TO APPROPRIATION AND IN ACCORDANCE WITH A MEMORANDUM
 OF UNDERSTANDING SIGNED BY THE GOVERNOR, THE TEMPORARY PRESIDENT OF  THE
 SENATE  AND  THE  SPEAKER OF THE ASSEMBLY, OR THEIR DESIGNATED REPRESEN-
 TATIVES.

 A. 9507--B                         70
 
   5. IF ANY PROVISION  OF  THIS  SECTION,  OR  ANY  APPLICATION  OF  ANY
 PROVISION  OF  THIS  SECTION, IS HELD TO BE INVALID, OR TO VIOLATE OR BE
 INCONSISTENT WITH ANY FEDERAL LAW OR REGULATION, THAT SHALL  NOT  AFFECT
 THE VALIDITY OR EFFECTIVENESS OF ANY OTHER PROVISION OF THIS SECTION, OR
 OF  ANY OTHER APPLICATION OF ANY PROVISION OF THIS SECTION, WHICH CAN BE
 GIVEN EFFECT WITHOUT THAT PROVISION OR APPLICATION; AND TO THAT END, THE
 PROVISIONS AND APPLICATIONS OF THIS SECTION ARE SEVERABLE.
   § 2. The state finance law is amended by adding a new section 92-gg to
 read as follows:
   § 92-GG. HEALTH CARE STABILIZATION ACCOUNT. 1. THERE IS HEREBY  ESTAB-
 LISHED  IN  THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF
 TAXATION AND FINANCE A FUND TO BE KNOWN AS THE "HEALTH  CARE  STABILIZA-
 TION ACCOUNT."
   2.  THE  HEALTH CARE STABILIZATION ACCOUNT SHALL CONSIST OF ALL MONEYS
 AND ASSETS DEPOSITED TO SUCH FUND PURSUANT TO SECTION FORTY-FOUR HUNDRED
 TEN-A OF THE PUBLIC HEALTH LAW AND ANY OTHER MONIES CREDITED,  DEPOSITED
 OR TRANSFERRED THERETO.
   3. ALL MONEYS AND ASSETS IN SUCH FUND SHALL BE SUBJECT TO THE REQUIRE-
 MENT  OF  SECTION  FORTY-FOUR HUNDRED TEN-A OF THE PUBLIC HEALTH LAW AND
 SHALL ONLY BE USED OR DISPOSED OF FOR HEALTH,  HEALTH  CARE  AND  HEALTH
 COVERAGE  PURPOSES,  SUBJECT  TO  APPROPRIATION AND IN ACCORDANCE WITH A
 MEMORANDUM OF UNDERSTANDING SIGNED BY THE GOVERNOR, THE TEMPORARY PRESI-
 DENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, OR THEIR  DESIGNATED
 REPRESENTATIVES.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF LAW,
 FUNDS SHALL NOT BE TRANSFERRED FROM SUCH FUND WITHOUT THE  EXECUTION  OF
 SUCH MEMORANDUM OF UNDERSTANDING.
   § 3. This act shall take effect immediately.
 
                                  PART JJ
 
   Section  1.  Section  3-d of part B of chapter 58 of the laws of 2010,
 amending 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 reimbursement, is REPEALED.
   §  2.  1.  Notwithstanding any provision of law, rule or regulation to
 the contrary, and subject  to  the  availability  of  federal  financial
 participation,  for periods on and after April 1, 2010, payments made to
 managed care providers sponsored by or  otherwise  having  entered  into
 health  care services contract with a public benefit corporation located
 in a city of more than one million persons  which  provide  coverage  to
 Medicaid  patients  in  accordance  with  section  364-j  of  the social
 services law may, at the election of the social  services  district,  be
 increased  up  to  the  maximum  amount permitted under title XIX of the
 social security act for the benefit of such public benefit  corporation;
 provided,  however  that,  notwithstanding  the social services district
 Medicaid cap provisions of part C of chapter 58 of  the  laws  of  2005,
 such  social  services  district shall be responsible for payment of one
 hundred percent of the non-federal share of such increase, and  provided
 further,  however,  that  such payment increases shall not be applied to
 payments related to the Medicaid advantage program or  the  HIV  special
 needs plan. Social services district 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 Ameri-
 can Recovery 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

 A. 9507--B                         71
 
 purposes of such Act, the provisions of this section shall be  null  and
 void.
   2.  Notwithstanding any contrary provision of law, the social services
 district in which such public benefit corporation is  primarily  located
 shall  be  responsible  for  the  increase  to payments as determined in
 accordance with this section for services covered by such  managed  care
 provider  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 med