The New York State Senate

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

    S. 2007                                                  A. 3007

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

                            January 23, 2017
                               ___________

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 insurance law and the public health law, in relation
  to  the early intervention program for infants and toddlers with disa-
  bilities and their families (Part A); to amend the public health  law,
  in  relation  to  the  general public health work program (Part B); to
  amend the social services law, in relation to requiring monthly premi-
  um payments for the Essential Plan  (Part  C);  to  amend  the  public
  health  law,  in relation to high cost drugs; to amend the tax law, in
  relation to surcharges on high priced drugs; to amend the tax law,  in
  relation  to  secrecy  provisions;  to amend the state finance law, in
  relation to the high priced drug  reimbursement  fund;  to  amend  the
  social services law, in relation to the drug utilization review board;
  to  amend  the social services law, in relation to Medicaid reimburse-
  ment of covered outpatient drugs; to authorize  the  suspension  of  a
  provider's   Medicaid  enrollment  for  inappropriate  prescribing  of
  opioids; to amend the social services law, in relation to  refills  of
  controlled  substances;  to amend the public health law and the social
  services law, in relation to eliminating prescriber prevails with  the
  exception  of  mental  health  medications; to amend the public health
  law, in relation to authorizing for comprehensive  medication  manage-
  ment  by pharmacists; to amend the social services law, in relation to
  reducing Medicaid coverage and increasing copayments for non-prescrip-
  tion drugs, to aligning pharmacy copayment requirements  with  federal
  regulations,  and  to  adjusting  consumer  price  index penalties for
  generic drugs; and to repeal subdivision 25-a of section 364-j of  the
  social  services  law,  relating  to the coverage of certain medically
  necessary prescription drugs by managed care providers  (Part  D);  to
  amend  the public health law, in relation to restricting enrollment in
  the medicaid managed long term care program to individuals who require
  a nursing home level of care and  to  eliminate  payments  to  nursing
  homes for bed hold days; to amend the social services law, in relation

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12571-01-7

S. 2007                             2                            A. 3007

  to  conforming  with federal law with regard to spousal contributions;
  to amend the social services law,  in  relation  to  hospice  services
  covered  under  title XVIII of the federal social security act; and to
  repeal  subdivision 25 of section 2808 of the public health law relat-
  ing to reserved bed days (Part E); to amend the social  services  law,
  in  relation  to carving out transportation from the managed long term
  care benefit; to repeal subdivision 5 of section 365-h of  the  social
  services  law,  relating to rural transit assistance payments to coun-
  ties; and to repeal section 367-s of the social services law, relating
  to emergency medical transportation services (Part F); to amend part H
  of chapter 59 of the laws of 2011, amending the public health law  and
  other  laws relating to known and projected department of health state
  fund medicaid expenditures, in  relation  to  extending  the  Medicaid
  global cap; to create an avenue for contract staff and student assist-
  ants in the department of health's office of health insurance programs
  to  qualify  for  open competitive positions and to establish a health
  care service career internship program; and to amend 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 assist-
  ance for needy persons and the administration thereof, in relation  to
  an  administrative cap on such program (Part G); to amend the New York
  Health Care Reform Act of  1996,  in  relation  to  extending  certain
  provisions  relating thereto; to amend the New York Health Care Reform
  Act of 2000, in relation to extending the effectiveness of  provisions
  thereof;  to  amend the public health law, in relation to the distrib-
  ution of pool allocations and graduate medical education; to amend the
  public health law, in relation to health care initiative pool distrib-
  utions; to amend the social services law,  in  relation  to  extending
  payment  provisions  for  general  hospitals;  and to amend the public
  health law, in relation to the assessments on covered lives (Part  H);
  to  amend  chapter 884 of the laws of 1990, amending the public health
  law relating to authorizing bad debt and charity care  allowances  for
  certified home health agencies, in relation to the effectiveness ther-
  eof;  to  amend  chapter  60  of  the laws of 2014 amending the social
  services law relating to eliminating  prescriber  prevails  for  brand
  name  drugs with generic equivalents, in relation to the effectiveness
  thereof; to amend the public health law, in relation to extending  the
  nursing  home  cash  assessment;  to  amend chapter 474 of the laws of
  1996, amending the education law and other laws relating to rates  for
  residential  health  care facilities, in relation to the effectiveness
  thereof; to amend chapter 58 of the laws of 2007, amending the  social
  services  law and other laws relating to enacting the major components
  of legislation necessary to implement the health  and  mental  hygiene
  budget  for  the  2007-2008 state fiscal year, in relation to delay of
  certain administrative cost; to amend chapter 81 of the laws of  1995,
  amending  the  public  health  law  and other laws relating to medical
  reimbursement and welfare reform, in  relation  to  the  effectiveness
  thereof; to amend chapter 109 of the laws of 2010, amending the social
  services  law  relating  to  transportation  costs, in relation to the
  effectiveness thereof; to amend chapter 56 of the laws of 2013  amend-
  ing chapter 59 of the laws of 2011, amending the public health law and
  other laws relating to general hospital reimbursement for annual rates
  relating to the cap on local Medicaid expenditures, in relation to the
  effectiveness  thereof; to amend chapter 2 of the laws of 1998, amend-
  ing the public health law and other laws  relating  to  expanding  the
  child health insurance plan, in relation to the effectiveness thereof;

S. 2007                             3                            A. 3007

  to  amend chapter 19 of the laws of 1998, amending the social services
  law relating to limiting the method of payment for prescription  drugs
  under the medical assistance program, in relation to the effectiveness
  thereof;  to  amend  the  public health law, in relation to continuing
  nursing home upper payment limit payments; to amend chapter 904 of the
  laws of 1984, amending the public health law and the  social  services
  law relating to encouraging comprehensive health services, in relation
  to the effectiveness thereof; to amend chapter 62 of the laws of 2003,
  amending  the  public  health  law relating to allowing for the use of
  funds of the office of professional medical conduct for activities  of
  the patient health information and quality improvement act of 2000, in
  relation  to  extending the provisions thereof; to amend chapter 59 of
  the laws of 2011, amending the  public  health  law  relating  to  the
  statewide  health  information  network  of New York and the statewide
  planning and  research  cooperative  system  and  general  powers  and
  duties, in relation to the effectiveness thereof; and to amend chapter
  58 of the laws of 2008, amending the elder law and other laws relating
  to reimbursement to participating provider pharmacies and prescription
  drug  coverage,  in  relation  to  extending the expiration of certain
  provisions thereof (Part I); to amend the insurance law,  in  relation
  to pharmacy benefit managers (Part J); to amend the public health law,
  in  relation  to the health care facility transformation program (Part
  K); to amend the public health law,  in  relation  to  establishing  a
  health  care  regulation  modernization  team within the department of
  health (Part L); to amend the public health law, in relation to creat-
  ing the "Emerging Contaminant Monitoring Act" (Part M); to  amend  the
  public  health  law,  the  real  property  law,  and the environmental
  conservation law, in relation to creating the "residential well  test-
  ing act" (Part N); to amend the criminal procedure law, in relation to
  authorizing  restorations  to  competency within correctional facility
  based residential settings; and  providing  for  the  repeal  of  such
  provisions  upon  expiration  thereof (Part O); to amend chapter 56 of
  the laws of 2013 amending chapter 59 of the laws of 2011 amending  the
  public  health  law  and  other  laws  relating  to  general  hospital
  reimbursement for annual rates relating to the cap on  local  Medicaid
  expenditures, in relation to extending government rates for behavioral
  services  and  adding  a value based payment requirement; and to amend
  chapter 111 of the  laws  of  2010  relating  to  increasing  Medicaid
  payments to providers through managed care organizations and providing
  equivalent  fees  through  an ambulatory patient group methodology, in
  relation to extending government rates  for  behavioral  services  and
  adding  a value based payment requirement (Part P); and to amend chap-
  ter 57 of the laws of 2006, relating to establishing a cost of  living
  adjustment  for  designated  human  services  programs, in relation to
  forgoing such adjustment during the 2017-2018 state  fiscal  year  and
  the effectiveness thereof (Part Q)

  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 2017-2018
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through Q. The effective date for each  particular
provision contained within such Part is set forth in the last section of

S. 2007                             4                            A. 3007

such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found. Section three of  this  act  sets  forth  the
general effective date of this act.

                                 PART A

  Section  1.  Paragraph  2  of  subsection (d) of section 3224-a of the
insurance law, as amended by section 57-b of part A of chapter 56 of the
laws of 2013, is amended to read as follows:
  (2) "health care provider" shall mean an entity licensed or  certified
pursuant  to  article  twenty-eight,  thirty-six  or forty of the public
health law, a facility licensed pursuant to article nineteen or  thirty-
one  of  the  mental  hygiene law, a fiscal intermediary operating under
section three hundred sixty five-f of the social services law, AN  INDI-
VIDUAL  OR AGENCY APPROVED BY THE DEPARTMENT OF HEALTH PURSUANT TO TITLE
TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH  LAW,  a  health  care
professional  licensed,  registered or certified pursuant to title eight
of  the  education  law,  a  dispenser  or  provider  of  pharmaceutical
products,  services  or  durable  medical equipment, or a representative
designated by such entity or person.
  § 2. 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.
  (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.  WHEN SUCH POLICY OF  ACCI-
DENT AND HEALTH INSURANCE, INCLUDING A CONTRACT ISSUED PURSUANT TO ARTI-
CLE  FORTY-THREE  OF  THIS  CHAPTER, PROVIDES COVERAGE FOR SERVICES THAT
CONSTITUTES EARLY INTERVENTION SERVICES AS SET FORTH IN PARAGRAPH (H) OF
SUBDIVISION SEVEN OF SECTION TWENTY FIVE-HUNDRED FORTY-ONE OF THE PUBLIC
HEALTH LAW OR EARLY INTERVENTION EVALUATION SERVICES  AS  SET  FORTH  IN
SUBDIVISION  NINE OF SECTION TWENTY-FIVE HUNDRED FORTY-ONE OF THE PUBLIC
HEALTH LAW, OR PROVIDES COVERAGE FOR AUTISM SPECTRUM  DISORDER  PURSUANT
TO PARAGRAPH TWENTY-FIVE OF SUBSECTION (I) OF SECTION THIRTY-TWO HUNDRED
SIXTEEN,  PARAGRAPH  SEVENTEEN  OF  SUBSECTION (L) OF SECTION THIRTY-TWO
HUNDRED TWENTY-ONE, OR SUBSECTION (EE) OF  SECTION  FORTY-THREE  HUNDRED
THREE  OF  THIS  CHAPTER, THE INSURER SHALL PAY FOR SUCH SERVICES TO THE
EXTENT THAT THE SERVICES ARE A COVERED BENEFIT  UNDER  THE  POLICY.  ANY
DOCUMENTATION  OBTAINED  PURSUANT  TO  CLAUSE  (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 SUFFICIENT TO
MEET  PRECERTIFICATION,  PREAUTHORIZATION   AND/OR   MEDICAL   NECESSITY
REQUIREMENTS IMPOSED UNDER SUCH POLICY OF ACCIDENT AND HEALTH INSURANCE,
INCLUDING  A  CONTRACT  ISSUED  PURSUANT  TO ARTICLE FORTY-THREE OF THIS

S. 2007                             5                            A. 3007

CHAPTER. Visit limitations 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) A POLICY OF ACCIDENT AND HEALTH INSURANCE,  INCLUDING  A  CONTRACT
ISSUED  PURSUANT  TO ARTICLE FORTY-THREE OF THIS CHAPTER, SHALL NOT DENY
COVERAGE BASED UPON THE FOLLOWING:
  (I) THE LOCATION WHERE SERVICES ARE PROVIDED; OR
  (II) THE DURATION OF THE CHILD'S CONDITION  AND/OR  THAT  THE  CHILD'S
CONDITION  IS  NOT AMENDABLE TO SIGNIFICANT IMPROVEMENT WITHIN A CERTAIN
PERIOD OF TIME AS SPECIFIED IN THE POLICY.
  (D) 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]
AN INSURER SHALL, WITHIN FIFTEEN BUSINESS DAYS OF RECEIPT OF A NOTICE OF
RIGHT OF SUBROGATION, NOTIFY THE PROVIDER, IN A FORMAT DETERMINED BY THE
DEPARTMENT OF HEALTH, THROUGH  THE  DEPARTMENT  OF  HEALTH'S  DESIGNATED
FISCAL AGENT, WHETHER THE POLICY IS FULLY INSURED OR WHETHER THE INSURER
IS ACTING AS A THIRD PARTY ADMINISTRATOR.
  (E)  UPON  RECEIPT OF WRITTEN REQUEST AND NOTICE FROM THE MUNICIPALITY
AND SERVICE COORDINATOR THE insurer shall  provide  [the]  SUCH  munici-
pality  and  service coordinator with information on the extent of bene-
fits available to the covered person under such policy, INCLUDING WHETH-
ER THE POLICY IS FULLY INSURED OR WHETHER THE INSURER  IS  ACTING  AS  A
THIRD  PARTY ADMINISTRATOR, within fifteen days of the insurer's receipt
of written request and notice  authorizing  such  release.  The  service
coordinator  shall  provide  such  information to the rendering provider
assigned to provide services to the child.
  [(d)] (F) 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
chapter,  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.
  § 3. Subdivision 3 of section 2543 of the public health law, as  added
by section 2 of part B3 of chapter 62 of the laws of 2003, is amended to
read as follows:
  3.  [The]  IN A FORMAT PRESCRIBED BY THE DEPARTMENT, THE parent of the
eligible child  shall  provide  and  the  early  intervention  official,
SERVICE  COORDINATOR, AND PROVIDER shall collect such information and or
documentation as is necessary and sufficient to determine  the  eligible
child's  third  party  payor coverage and to seek payment from all third
party payors including the medical assistance program and other  govern-
mental agency payors.
  §  4.  Subdivision  3-a  of  section 2557 of the public health law, as
added by section 3 of part L1 of chapter 63 of  the  laws  of  2003,  is
amended to read as follows:
  3-a.  Each  municipality  may perform an audit, which may include site
visitation, of evaluators and providers  of  such  services  within  its

S. 2007                             6                            A. 3007

municipality in accordance with standards established by the commission-
er.  The  municipality shall submit the results of any such audit to the
commissioner for review and, if  warranted,  adjustments  in  state  aid
reimbursement pursuant to subdivision three of this section[, as well as
for]. THE RESULTS SHALL ALSO INCLUDE ANY recovery by the municipality of
its share of any disallowances identified in such audit.
  §  5.  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.
  (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] OR  RECOMMENDATION,  SIGNED
BY  THE  CHILD'S PRIMARY HEALTH CARE PROVIDER, FOR THE MEDICAL NECESSITY
OF EARLY INTERVENTION EVALUATION SERVICES TO DETERMINE PROGRAM ELIGIBIL-
ITY OR 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 THE CHILD'S primary [care] HEALTH CARE
provider  [as  documentation,  for eligible children, of] ON the medical
necessity of early intervention services INCLUDED IN THE  INDIVIDUALIZED
FAMILY SERVICES PLAN;
  (C) WRITTEN CONSENT TO CONTACT THE CHILD'S PRIMARY HEALTH CARE PROVID-
ER FOR PURPOSES OF OBTAINING A SIGNED WRITTEN ORDER, REFERRAL, OR RECOM-
MENDATION  AS  DOCUMENTATION  FOR  THE MEDICAL NECESSITY OF EARLY INTER-
VENTION EVALUATION SERVICES TO DETERMINE PROGRAM  ELIGIBILITY  OR  EARLY
INTERVENTION SERVICES; OR
  (D) WRITTEN CONSENT TO CONTACT THE CHILD'S PRIMARY HEALTH CARE PROVID-
ER  FOR  PURPOSES  OF  OBTAINING  A  SIGNED DOCUMENTATION OF THE MEDICAL
NECESSITY OF EARLY INTERVENTION SERVICES CONTAINED WITHIN  THE  INDIVID-
UALIZED  FAMILY SERVICE PLAN AGREED UPON PURSUANT TO SECTION TWENTY-FIVE
HUNDRED FORTY-FIVE OF THIS TITLE.
  (iii) providers shall utilize the department's fiscal agent  and  data
system  for claiming payment for evaluations and services rendered under
the early intervention program.
  (IV) IN ACCORDANCE WITH CRITERIA ESTABLISHED BY THE DEPARTMENT,  WHICH
MAY  INCLUDE,  BUT NOT BE LIMITED TO, MEDICAL NECESSITY, COORDINATION OF
BENEFITS, OR UTILIZATION REVIEW, FOR PURSUIT OF APPEALS BY A PROVIDER TO
AN INSURER WHEN A CLAIM HAS BEEN DENIED BY SUCH INSURER, THE  DEPARTMENT
OR  THE  DEPARTMENT'S  FISCAL  AGENT  MAY  REQUEST THE PROVIDER APPEAL A
DENIAL FOR PAYMENT BY A THIRD PARTY PAYOR PRIOR TO CLAIMING  PAYMENT  TO

S. 2007                             7                            A. 3007

THE  MUNICIPALITY  FOR  THE SERVICES PROVIDED IN ACCORDANCE WITH SECTION
TWENTY-FIVE HUNDRED FIFTY-SEVEN OF THIS  TITLE.    PROVIDERS  SHALL  NOT
DISCONTINUE  OR  DELAY  SERVICES TO ELIGIBLE CHILDREN PENDING PAYMENT OF
THE CLAIM OR DETERMINATIONS OF ANY APPEAL DENIALS.
  §  6.  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 CLAUSE (II) OF PARAGRAPH (A)  OF  THIS  SUBDIVISION
AND  shall  submit notice to the insurer or plan administrator of his or
her exercise of such right of subrogation upon the provider's assignment
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.
  § 7. This act shall take effect immediately and  shall  be  deemed  to
have  been  in full force and effect on or after April 1, 2017; provided
however, that the amendments to section 3224-a of the insurance  law  as
made  by section one of this act and the amendments to section 3235-a of
the insurance law as made by section two of this act shall apply only to
policies and contracts issued, renewed, modified, altered or amended  on
or after such date.

                                 PART B

  Section  1.  Subdivision 2 of section 605 of the public health law, as
amended by section 20 of part E of chapter 56 of the laws  of  2013,  is
amended to read as follows:
  2.  State  aid  reimbursement for public health services provided by a
municipality under this title, shall be  made  if  the  municipality  is
providing  some  or all of the core public health services identified in
section six hundred two of this title, pursuant to an approved  applica-
tion  for  state  aid,  at a rate of no less than thirty-six per centum,
EXCEPT FOR A CITY WITH A POPULATION OF  ONE  MILLION  OR  MORE  PERSONS,
WHICH  SHALL RECEIVE NO LESS THAN TWENTY-NINE PER CENTUM, of the differ-
ence between the amount of  moneys  expended  by  the  municipality  for
public health services required by section six hundred two of this title
during  the fiscal year and the base grant provided pursuant to subdivi-
sion one of this section. No such reimbursement shall  be  provided  for
services that are not eligible for state aid pursuant to this article.
  § 2. Subdivision 1 of section 616 of the public health law, as amended
by section 27 of part E of chapter 56 of the laws of 2013, is amended to
read as follows:
  1.  The  total  amount  of state aid provided pursuant to this article
shall be limited to the amount of the annual appropriation made  by  the
legislature.  In no event, however, shall such state aid be less than an
amount to provide the full base grant  and,  as  otherwise  provided  by
[paragraph  (a)  of] subdivision two of section six hundred five of this
article, at least thirty-six per centum, EXCEPT FOR A CITY WITH A  POPU-
LATION  OF ONE MILLION OR MORE PERSONS, WHICH SHALL RECEIVE NO LESS THAN
TWENTY-NINE PER CENTUM, of the difference between the amount  of  moneys

S. 2007                             8                            A. 3007

expended  by the municipality for eligible public health services pursu-
ant to an approved application for state aid during the fiscal year  and
the  base  grant  provided  pursuant  to  subdivision one of section six
hundred five of this article.
  § 3. This act shall take effect July 1, 2017.

                                 PART C

  Section 1. Subdivision 5 of section 369-gg of the social services law,
as  added  by section 51 of part C of chapter 60 of the laws of 2014, is
amended to read as follows:
  5. Premiums and cost sharing. (a) Subject  to  federal  approval,  the
commissioner  shall  establish  premium  payments enrollees shall pay to
approved organizations for coverage of health care services pursuant  to
this  title. Such premium payments shall be established in the following
manner:
  (i) up to twenty dollars monthly for an individual  with  a  household
income above one hundred and [fifty] THIRTY-EIGHT percent of the federal
poverty  line but at or below two hundred percent of the federal poverty
line defined and annually revised by the  United  States  department  of
health and human services for a household of the same size; BEGINNING IN
TWO  THOUSAND  EIGHTEEN  AND  ANNUALLY  THEREAFTER, SUCH AMOUNT SHALL BE
INCREASED BASED ON THE PERCENTAGE INCREASE IN THE MEDICAL CONSUMER PRICE
INDEX, ROUNDED UP TO THE NEAREST DOLLAR; and
  (ii) no payment is required for individuals with a household income at
or below one hundred and [fifty] THIRTY-EIGHT  percent  of  the  federal
poverty  line  defined and annually revised by the United States depart-
ment of health and human services for a household of the same size.
  (b) The commissioner shall  establish  cost  sharing  obligations  for
enrollees, subject to federal approval.
  §  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2018.

                                 PART D

  Section 1.  The public health law is amended by adding a  new  section
280 to read as follows:
  §  280.  HIGH  COST  DRUGS.  1.  LEGISLATIVE  PURPOSE. THERE IS HEREBY
DECLARED TO BE A SIGNIFICANT PUBLIC INTEREST IN THE TRANSPARENCY OF  THE
COSTS  AND  PRICES  OF  DRUGS,  AND IN BEING ABLE TO REVIEW THE ECONOMIC
VALUE OF CERTAIN DRUGS TO THE PUBLIC. THIS WOULD BENEFIT THE CITIZENS OF
THE STATE WHO HAVE A MEDICAL NEED FOR SUCH DRUGS AND WHOSE  TAX  DOLLARS
CONTRIBUTE  TO  MAKING  SUCH DRUGS AVAILABLE TO THE RECIPIENTS OF PUBLIC
HEALTH INSURANCE PROGRAMS. IT IS THEREFORE INTENDED THAT THE  DEPARTMENT
COLLECT  INFORMATION  RELATED  TO  DRUG  COSTS  AND PRICES, AND WITH THE
ASSISTANCE OF THE DRUG UTILIZATION REVIEW BOARD ESTABLISHED  BY  SECTION
THREE  HUNDRED  SIXTY-NINE-BB  OF THE SOCIAL SERVICES LAW, IDENTIFY HIGH
PRICED DRUGS FOR WHICH A PER-UNIT BENCHMARK  PRICE  CAN  BE  DETERMINED.
SUCH  DRUGS  WILL BE SUBJECT TO THE REBATE PROVISIONS OF SUBDIVISION SIX
OF THIS SECTION IF THE DRUGS ARE PAID FOR BY THE MEDICAID  PROGRAM,  AND
TO  A SURCHARGE IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE TWENTY-C OF
THE TAX LAW.
  2. HIGH PRICED DRUGS. (A) THE DEPARTMENT  MAY  IDENTIFY,  FOR  REVIEW,
DRUGS WHICH:
  (I)  WHEN  FIRST INTRODUCED ON THE MARKET, ARE PROHIBITIVELY EXPENSIVE
FOR PATIENTS WHO COULD BENEFIT FROM THE DRUG; OR

S. 2007                             9                            A. 3007

  (II) SUDDENLY OR OVER A RELATIVELY BRIEF PERIOD OF TIME  EXPERIENCE  A
LARGE PRICE INCREASE AND SUCH INCREASE IS NOT EXPLAINED BY A SIGNIFICANT
INCREASE IN INGREDIENT COSTS OR BY SOME OTHER RELEVANT FACTOR; OR
  (III) ARE PRICED DISPROPORTIONALLY GIVEN THAT THEY OFFER LIMITED THER-
APEUTIC BENEFITS.
  (B) DRUGS IDENTIFIED BY THE DEPARTMENT FOR REVIEW MAY INCLUDE:
  (I) BRAND NAME OR GENERIC DRUGS;
  (II)  DRUGS PRODUCED BY MULTIPLE MANUFACTURERS OR BY A SINGLE MANUFAC-
TURER;
  (III) DRUGS REIMBURSED BY COMMERCIAL AND/OR PUBLIC PAYERS; AND
  (IV) PRESCRIPTION AND NON-PRESCRIPTION DRUGS.
  3. REPORTING REQUIREMENTS. (A) DRUG MANUFACTURERS  SHALL  PROVIDE  THE
DEPARTMENT,  UPON  REQUEST,  THE  FOLLOWING  INFORMATION WITH RESPECT TO
DRUGS IDENTIFIED BY THE DEPARTMENT FOR REVIEW:
  (I) THE ACTUAL COST OF DEVELOPING, MANUFACTURING, PRODUCING (INCLUDING
THE COST PER DOSE OF PRODUCTION), AND DISTRIBUTING THE DRUG;
  (II) RESEARCH AND DEVELOPMENT COSTS OF THE DRUG, INCLUDING PAYMENTS TO
PREDECESSOR  ENTITIES  CONDUCTING  RESEARCH  AND  DEVELOPMENT,  SUCH  AS
BIOTECHNOLOGY  COMPANIES,  UNIVERSITIES AND MEDICAL SCHOOLS, AND PRIVATE
RESEARCH INSTITUTIONS;
  (III) ADMINISTRATIVE, MARKETING, AND ADVERTISING COSTS FOR  THE  DRUG,
APPORTIONED  BY  MARKETING  ACTIVITIES  THAT  ARE DIRECTED TO CONSUMERS,
MARKETING ACTIVITIES THAT ARE DIRECTED TO  PRESCRIBERS,  AND  THE  TOTAL
COST  OF  ALL  MARKETING  AND  ADVERTISING THAT IS DIRECTED PRIMARILY TO
CONSUMERS AND PRESCRIBERS IN NEW YORK,  INCLUDING  BUT  NOT  LIMITED  TO
PRESCRIBER DETAILING, COPAYMENT DISCOUNT PROGRAMS, AND DIRECT-TO-CONSUM-
ER MARKETING;
  (IV) THE EXTENT OF UTILIZATION OF THE DRUG;
  (V)  PRICES  FOR  THE  DRUG THAT ARE CHARGED TO PURCHASERS OUTSIDE THE
UNITED STATES;
  (VI) PRICES CHARGED TO TYPICAL PURCHASERS IN THE STATE, INCLUDING  BUT
NOT  LIMITED  TO  PHARMACIES,  PHARMACY CHAINS, PHARMACY WHOLESALERS, OR
OTHER DIRECT PURCHASERS;
  (VII) THE AVERAGE REBATES AND DISCOUNTS PROVIDED PER PAYER TYPE; AND
  (VIII) THE AVERAGE PROFIT MARGIN OF EACH DRUG OVER THE PRIOR FIVE-YEAR
PERIOD AND THE PROJECTED PROFIT MARGIN ANTICIPATED FOR SUCH DRUG.
  (B) THE DEPARTMENT SHALL DEVELOP A STANDARD REPORTING FORM THAT SATIS-
FIES THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION.
  (C) ALL INFORMATION DISCLOSED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION SHALL BE CONSIDERED CONFIDENTIAL AND SHALL NOT  BE  DISCLOSED  BY
THE  DEPARTMENT  IN  A  FORM  THAT IDENTIFIES A SPECIFIC MANUFACTURER OR
PRICES CHARGED FOR DRUGS BY SUCH MANUFACTURER, EXCEPT AS THE COMMISSION-
ER DETERMINES IS NECESSARY TO CARRY OUT THIS SECTION, OR  TO  ALLOW  THE
DEPARTMENT,  THE ATTORNEY GENERAL, THE STATE COMPTROLLER, OR THE CENTERS
FOR MEDICARE AND MEDICAID SERVICES TO PERFORM AUDITS  OR  INVESTIGATIONS
AUTHORIZED BY LAW.
  4.  REVIEW OF DRUG COST AND PRICING. THE DEPARTMENT MAY REFER COST AND
PRICING INFORMATION COLLECTED PURSUANT  TO  SUBDIVISION  THREE  OF  THIS
SECTION WITH RESPECT TO A PARTICULAR DRUG TO THE DRUG UTILIZATION REVIEW
BOARD, AND REQUEST THE BOARD TO RECOMMEND A VALUE-BASED, PER-UNIT BENCH-
MARK PRICE FOR THE DRUG, TAKING INTO CONSIDERATION SUCH COST AND PRICING
INFORMATION AS WELL AS OTHER FACTORS, INCLUDING BUT NOT LIMITED TO:
  (A) THE SERIOUSNESS AND PREVALENCE OF THE DISEASE OR CONDITION THAT IS
TREATED BY THE DRUG;
  (B) THE EXTENT OF UTILIZATION OF THE DRUG;

S. 2007                            10                            A. 3007

  (C) THE EFFECTIVENESS OF THE DRUG IN TREATING THE CONDITIONS FOR WHICH
IT IS PRESCRIBED;
  (D) THE LIKELIHOOD THAT USE OF THE DRUG WILL REDUCE THE NEED FOR OTHER
MEDICAL CARE, INCLUDING HOSPITALIZATION;
  (E) THE AVERAGE WHOLESALE PRICE AND RETAIL PRICE OF THE DRUG;
  (F)  THE NUMBER OF PHARMACEUTICAL MANUFACTURERS THAT PRODUCE THE DRUG;
AND
  (G) WHETHER THERE ARE PHARMACEUTICAL EQUIVALENTS TO THE DRUG.
  5. DESIGNATION OF HIGH PRICED DRUGS. IF THE PRICE AT WHICH A  DRUG  IS
BEING  SOLD  BY  A MANUFACTURER EXCEEDS THE BENCHMARK PRICE FOR THE DRUG
DETERMINED BY THE DEPARTMENT PURSUANT TO THIS SECTION, THE  COMMISSIONER
SHALL  DESIGNATE  SUCH  DRUG  A HIGH PRICED DRUG. THE COMMISSIONER SHALL
PUBLISH ON THE DEPARTMENT WEBSITE A LIST OF  DRUGS  DESIGNATED  AS  HIGH
PRICED  DRUGS PURSUANT TO THIS SUBDIVISION, ALONG WITH THE DATE ON WHICH
EACH DRUG FIRST APPEARED ON SUCH LIST AND THE BENCHMARK PRICE  FOR  SUCH
DRUG DETERMINED BY THE DEPARTMENT.
  6.  REBATES.  (A)  THE COMMISSIONER MAY REQUIRE A DRUG MANUFACTURER TO
PROVIDE REBATES TO THE DEPARTMENT FOR A DRUG DETERMINED  TO  BE  A  HIGH
PRICED  DRUG PURSUANT TO SUBDIVISION FOUR OF THIS SECTION WHEN SUCH DRUG
IS PAID FOR UNDER THE MEDICAID PROGRAM. IN DETERMINING THE AMOUNT OF ANY
SUCH REBATE, THE COMMISSIONER MAY CONSIDER INFORMATION PROVIDED  BY  THE
DRUG  MANUFACTURER  WITH RESPECT TO SURCHARGES PAID BY THE MANUFACTURER,
OR DECREASES IN THE PRICE OF THE DRUG AS A RESULT OF SURCHARGES PAID  BY
OTHERS, PURSUANT TO ARTICLE TWENTY-C OF THE TAX LAW.
  (B)  REBATES  REQUIRED  BY  THIS  SECTION  SHALL BE IN ADDITION TO ANY
REBATES PAYABLE TO THE DEPARTMENT PURSUANT TO  ANY  OTHER  PROVISION  OF
FEDERAL  OR  STATE  LAW.   THE ADDITIONAL REBATES AUTHORIZED PURSUANT TO
THIS SUBPARAGRAPH SHALL APPLY TO DRUGS DISPENSED TO ENROLLEES OF MANAGED
CARE PROVIDERS PURSUANT TO SECTION THREE  HUNDRED  SIXTY-FOUR-J  OF  THE
SOCIAL  SERVICES  LAW  AND TO DRUGS DISPENSED TO MEDICAID RECIPIENTS WHO
ARE NOT ENROLLEES OF SUCH PROVIDERS.
  § 2. The tax law is amended by adding a new article 20-C  to  read  as
follows:
                               ARTICLE 20-C
                     SURCHARGE ON HIGH PRICED DRUGS
SECTION 492. DEFINITIONS.
        493. IMPOSITION OF SURCHARGE.
        494. RETURNS TO BE SECRET.
  §  492.  DEFINITIONS.  1. THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS WHEN USED IN THIS SECTION.
  (A) "HIGH PRICED DRUG" SHALL MEAN A  DRUG  DETERMINED  TO  BE  A  HIGH
PRICED  DRUG PURSUANT TO SECTION TWO HUNDRED EIGHTY OF THE PUBLIC HEALTH
LAW, BUT NOT UNTIL THE FIFTEENTH  DAY  AFTER  THE  DAY  THE  DRUG  FIRST
APPEARED  ON  A LIST OF SUCH DRUGS TO BE MAINTAINED BY THE STATE DEPART-
MENT OF HEALTH ON ITS WEBSITE PURSUANT TO SUBDIVISION SEVEN  OF  SECTION
FOUR HUNDRED NINETY-THREE OF THIS ARTICLE.
  (B)  "GROSS RECEIPT" SHALL MEAN THE AMOUNT RECEIVED IN OR BY REASON OF
ANY SALE OF A HIGH PRICED DRUG, CONDITIONAL OR OTHERWISE, OR  IN  OR  BY
REASON  OF  THE  FURNISHING  OF  SUCH HIGH PRICED DRUG. GROSS RECEIPT IS
EXPRESSED IN MONEY, WHETHER PAID IN CASH, CREDIT OR PROPERTY OF ANY KIND
OR NATURE, AND SHALL BE DETERMINED WITHOUT ANY  DEDUCTION  THEREFROM  ON
ACCOUNT  OF THE COST OF THE SERVICE SOLD OR THE COST OF MATERIALS, LABOR
OR SERVICES USED OR OTHER COSTS, INTEREST OR DISCOUNT PAID, OR ANY OTHER
EXPENSES WHATSOEVER. "AMOUNT RECEIVED" FOR THE PURPOSE OF THE DEFINITION
OF GROSS RECEIPT, AS USED THROUGHOUT  THIS  ARTICLE,  MEANS  THE  AMOUNT
CHARGED FOR THE SALE OR PROVISION OF A HIGH PRICED DRUG.

S. 2007                            11                            A. 3007

  (C)  "ESTABLISHMENT" SHALL MEAN ANY PERSON, FIRM, CORPORATION OR ASSO-
CIATION REQUIRED TO BE REGISTERED WITH THE EDUCATION DEPARTMENT PURSUANT
TO SECTION SIX THOUSAND EIGHT HUNDRED  EIGHT  OR  SECTION  SIX  THOUSAND
EIGHT  HUNDRED EIGHT-B OF THE EDUCATION LAW AND ANY PERSON, FIRM, CORPO-
RATION  OR  ASSOCIATION THAT WOULD BE REQUIRED TO BE REGISTERED WITH THE
EDUCATION DEPARTMENT PURSUANT TO  SECTION  SIX  THOUSAND  EIGHT  HUNDRED
EIGHT-B OF THE EDUCATION LAW BUT FOR THE EXCEPTION IN SUBDIVISION TWO OF
SUCH SECTION.
  (D) "EXCESS CHARGE AMOUNT OF THE GROSS RECEIPT" SHALL MEAN THE DIFFER-
ENCE  BETWEEN  THE  PRICE  CHARGED BY AN ESTABLISHMENT FOR A HIGH PRICED
DRUG AND THE BENCHMARK PRICE FOR SUCH DRUG AS DETERMINED BY THE  DEPART-
MENT  OF  HEALTH  PURSUANT  TO  SECTION TWO HUNDRED EIGHTY OF THE PUBLIC
HEALTH LAW.
  (E) "INVOICE" SHALL MEAN THE INVOICE, SALES SLIP, MEMORANDUM OF  SALE,
OR OTHER DOCUMENT EVIDENCING A SALE OF A HIGH PRICED DRUG.
  § 493. IMPOSITION OF SURCHARGE. 1. THERE IS HEREBY IMPOSED A SURCHARGE
ON  THE EXCESS CHARGE AMOUNT OF THE GROSS RECEIPT FROM THE FIRST SALE IN
THE STATE OF A HIGH PRICED DRUG BY AN ESTABLISHMENT AT THE RATE OF SIXTY
PERCENT. THE SURCHARGE IMPOSED BY THIS ARTICLE SHALL BE CHARGED  AGAINST
AND BE PAID BY THE ESTABLISHMENT MAKING SUCH FIRST SALE AND SHALL NOT BE
ADDED  AS  A  SEPARATE  CHARGE  OR LINE ITEM ON ANY INVOICE GIVEN TO THE
CUSTOMER OR OTHERWISE PASSED DOWN TO THE CUSTOMER.  HOWEVER,  AN  ESTAB-
LISHMENT  LIABLE FOR THE SURCHARGE IMPOSED BY THIS ARTICLE SHALL CLEARLY
NOTE ON THE INVOICE FOR THE FIRST SALE OF SUCH HIGH PRICED DRUG  IN  THE
STATE  ITS  LIABILITY  FOR  THE  SURCHARGE  IMPOSED BY THIS ARTICLE WITH
REGARD TO SUCH SALE, ALONG WITH ITS NAME, ADDRESS,  AND  TAXPAYER  IDEN-
TIFICATION NUMBER. ANY SALE OF A HIGH PRICED DRUG IN THIS STATE SHALL BE
PRESUMED TO BE THE FIRST SALE OF SUCH DRUG IN THE STATE UNLESS THE SELL-
ER WITH REGARD TO SUCH SALE CAN PROVE THAT THE SURCHARGE IMPOSED BY THIS
ARTICLE  IS DUE FROM ANOTHER ESTABLISHMENT IN THE CHAIN OF TITLE OF SUCH
DRUG, WHICH BURDEN CAN BE SATISFIED, AMONG OTHER WAYS, BY  PRODUCING  AN
INVOICE FROM THE ESTABLISHMENT OWING SUCH SURCHARGE IN WHICH SUCH ESTAB-
LISHMENT HAS NOTED ITS LIABILITY FOR SUCH SURCHARGE.
  2.  EVERY ESTABLISHMENT LIABLE FOR THE SURCHARGE IMPOSED BY THIS ARTI-
CLE SHALL, ON OR BEFORE THE TWENTIETH DATE OF EACH MONTH, FILE WITH  THE
COMMISSIONER  A  RETURN,  ON FORMS TO BE PRESCRIBED BY THE COMMISSIONER,
SHOWING THE TOTAL EXCESS CHARGE AMOUNT OF ITS  GROSS  RECEIPT  FROM  THE
FIRST SALE IN THE STATE OF HIGH PRICED DRUGS DURING THE PRECEDING CALEN-
DAR  MONTH  AND  THE AMOUNT OF SURCHARGE DUE THEREON. SUCH RETURNS SHALL
CONTAIN SUCH FURTHER INFORMATION AS THE COMMISSIONER MAY REQUIRE.  EVERY
ESTABLISHMENT REQUIRED TO FILE A RETURN UNDER THIS SECTION SHALL, AT THE
TIME OF FILING SUCH RETURN, PAY TO THE COMMISSIONER THE TOTAL AMOUNT  OF
SURCHARGE  DUE  ON  SUCH FIRST SALES OF HIGH PRICED DRUGS FOR THE PERIOD
COVERED BY SUCH RETURN. IF A RETURN IS NOT FILED WHEN DUE, THE SURCHARGE
SHALL BE DUE ON THE DAY ON WHICH THE RETURN IS REQUIRED TO BE FILED.
  3. ESTABLISHMENTS MAKING SALES OF HIGH  PRICED  DRUGS  IN  THIS  STATE
SHALL  MAINTAIN  ALL  INVOICES  PERTAINING TO SUCH SALES FOR THREE YEARS
AFTER SUCH SALES  UNLESS  THE  COMMISSIONER  PROVIDES  FOR  A  DIFFERENT
RETENTION  PERIOD BY RULE OR REGULATION. THE ESTABLISHMENT SHALL PRODUCE
SUCH RECORDS UPON DEMAND BY THE DEPARTMENT.
  4. WHENEVER THE COMMISSIONER SHALL DETERMINE THAT ANY MONEYS  RECEIVED
UNDER  THE  PROVISIONS  OF THIS ARTICLE WERE PAID IN ERROR, HE MAY CAUSE
THE SAME TO BE REFUNDED, WITH INTEREST, IN ACCORDANCE  WITH  SUCH  RULES
AND  REGULATIONS  AS  HE  OR  SHE MAY PRESCRIBE, EXCEPT THAT NO INTEREST
SHALL BE ALLOWED OR PAID IF THE AMOUNT THEREOF WOULD BE  LESS  THAN  ONE
DOLLAR.  SUCH  INTEREST  SHALL  BE  AT  THE  OVERPAYMENT RATE SET BY THE

S. 2007                            12                            A. 3007

COMMISSIONER PURSUANT TO SUBDIVISION TWENTY-SIXTH OF SECTION ONE HUNDRED
SEVENTY-ONE OF THIS CHAPTER, OR IF NO RATE IS SET, AT THE  RATE  OF  SIX
PERCENT PER ANNUM, FROM THE DATE WHEN THE SURCHARGE, PENALTY OR INTEREST
TO BE REFUNDED WAS PAID TO A DATE PRECEDING THE DATE OF THE REFUND CHECK
BY  NOT MORE THAN THIRTY DAYS.  PROVIDED, HOWEVER, THAT FOR THE PURPOSES
OF THIS SUBDIVISION, ANY SURCHARGE PAID BEFORE THE LAST  DAY  PRESCRIBED
FOR ITS PAYMENT SHALL BE DEEMED TO HAVE BEEN PAID ON SUCH LAST DAY. SUCH
MONEYS  RECEIVED  UNDER  THE PROVISIONS OF THIS ARTICLE THAT THE COMMIS-
SIONER SHALL DETERMINE WERE PAID IN ERROR, MAY BE REFUNDED OUT OF  FUNDS
IN  THE  CUSTODY  OF  THE  COMPTROLLER  TO THE CREDIT OF SUCH SURCHARGES
PROVIDED AN APPLICATION THEREFOR IS FILED WITH THE  COMMISSIONER  WITHIN
TWO YEARS FROM THE TIME THE ERRONEOUS PAYMENT WAS MADE.
  5.  THE PROVISIONS OF ARTICLE TWENTY-SEVEN OF THIS CHAPTER SHALL APPLY
TO THE SURCHARGE IMPOSED BY THIS ARTICLE IN THE SAME MANNER AND WITH THE
SAME FORCE AND EFFECT AS IF THE LANGUAGE OF SUCH ARTICLE HAD BEEN INCOR-
PORATED IN FULL INTO THIS SECTION AND  HAD  EXPRESSLY  REFERRED  TO  THE
SURCHARGE  IMPOSED  BY  THIS  ARTICLE,  EXCEPT  TO  THE  EXTENT THAT ANY
PROVISION OF SUCH ARTICLE IS EITHER INCONSISTENT  WITH  A  PROVISION  OF
THIS ARTICLE OR IS NOT RELEVANT TO THIS ARTICLE.
  6. (A) THE SURCHARGES, INTEREST, AND PENALTIES IMPOSED BY THIS ARTICLE
AND  COLLECTED  OR RECEIVED BY THE COMMISSIONER SHALL BE DEPOSITED DAILY
WITH SUCH RESPONSIBLE BANKS, BANKING HOUSES OR TRUST COMPANIES,  AS  MAY
BE DESIGNATED BY THE SUPERINTENDENT OF FINANCIAL SERVICES, TO THE CREDIT
OF  THE  HIGH  PRICED  DRUG  REIMBURSEMENT  FUND ESTABLISHED PURSUANT TO
SECTION EIGHTY-NINE-J OF THE STATE FINANCE LAW. AN ACCOUNT MAY BE ESTAB-
LISHED IN ONE OR MORE OF SUCH DEPOSITORIES. SUCH DEPOSITS WILL  BE  KEPT
SEPARATE  AND APART FROM ALL OTHER MONEY IN THE POSSESSION OF THE SUPER-
INTENDENT  OF  FINANCIAL  SERVICES.  THE  SUPERINTENDENT  OF   FINANCIAL
SERVICES  SHALL REQUIRE ADEQUATE SECURITY FROM ALL SUCH DEPOSITORIES. OF
THE TOTAL REVENUE COLLECTED OR RECEIVED UNDER THIS ARTICLE,  THE  SUPER-
INTENDENT  OF FINANCIAL SERVICES SHALL RETAIN SUCH AMOUNT AS THE COMMIS-
SIONER MAY DETERMINE TO BE NECESSARY FOR REFUNDS UNDER THIS ARTICLE. THE
COMMISSIONER IS AUTHORIZED AND DIRECTED TO DEDUCT FROM  THE  AMOUNTS  IT
RECEIVES  UNDER  THIS  ARTICLE,  BEFORE  DEPOSIT INTO THE TRUST ACCOUNTS
DESIGNATED BY THE SUPERINTENDENT OF  FINANCIAL  SERVICES,  A  REASONABLE
AMOUNT  NECESSARY TO EFFECTUATE REFUNDS OF APPROPRIATIONS OF THE DEPART-
MENT TO REIMBURSE THE DEPARTMENT FOR THE COSTS INCURRED  TO  ADMINISTER,
COLLECT AND DISTRIBUTE THE SURCHARGES IMPOSED BY THIS ARTICLE.
  (B)  ON  OR BEFORE THE TWELFTH AND TWENTY-SIXTH DAY OF EACH SUCCEEDING
MONTH, AFTER RESERVING SUCH AMOUNT FOR SUCH REFUNDS AND  DEDUCTING  SUCH
AMOUNTS  FOR  SUCH  COSTS,  AS  PROVIDED  FOR  IN  PARAGRAPH (A) OF THIS
SUBSECTION, THE COMMISSIONER SHALL  CERTIFY  TO  THE  SUPERINTENDENT  OF
FINANCIAL  SERVICES  THE  AMOUNT  OF ALL REVENUES SO RECEIVED DURING THE
PRIOR MONTH AS A RESULT OF THE SURCHARGES,  INTEREST  AND  PENALTIES  SO
IMPOSED.  THE  AMOUNT OF REVENUES SO CERTIFIED SHALL BE PAID OVER BY THE
FIFTEENTH AND THE FINAL BUSINESS DAY OF EACH SUCCEEDING MONTH FROM  SUCH
ACCOUNT  INTO THE HIGH PRICED DRUG REIMBURSEMENT FUND ESTABLISHED PURSU-
ANT TO SECTION EIGHTY-NINE-J OF THE STATE FINANCE LAW.
  7. THE STATE DEPARTMENT OF HEALTH SHALL MAINTAIN AND  PUBLISH  ON  ITS
WEBSITE  A  LIST  OF  DRUGS  DETERMINED, PURSUANT TO SECTION TWO HUNDRED
EIGHTY OF THE PUBLIC HEALTH LAW, TO BE HIGH PRICED DRUGS, ALONG WITH THE
DATE ON WHICH EACH DRUG FIRST APPEARED ON THAT LIST  AND  THE  BENCHMARK
PRICE FOR SUCH DRUG DETERMINED PURSUANT TO SECTION TWO HUNDRED EIGHTY OF
THE  PUBLIC  HEALTH  LAW  BY  THE DEPARTMENT OF HEALTH.   PROMPTLY AFTER
INCLUDING A HIGH PRICED DRUG ON  SUCH  LIST,  THE  STATE  DEPARTMENT  OF

S. 2007                            13                            A. 3007

HEALTH  SHALL  NOTIFY  THE  MANUFACTURER OF SUCH DRUG AND THE DEPARTMENT
THAT THE DRUG HAS BEEN DETERMINED TO BE A HIGH PRICED DRUG.
  8.  THE  STATE  DEPARTMENT  OF  EDUCATION  AND THE STATE DEPARTMENT OF
HEALTH  SHALL  COOPERATE  WITH  THE  DEPARTMENT  IN  ADMINISTERING  THIS
SURCHARGE,  INCLUDING  SHARING WITH THE DEPARTMENT PERTINENT INFORMATION
ABOUT ESTABLISHMENTS UPON THE REQUEST OF THE COMMISSIONER.
  9. THE COMMISSIONER MAY MAKE,  ADOPT  AND  AMEND  RULES,  REGULATIONS,
PROCEDURES  AND  FORMS  NECESSARY  FOR THE PROPER ADMINISTRATION OF THIS
ARTICLE.
  § 494. RETURNS TO BE SECRET. 1. EXCEPT IN ACCORDANCE WITH PROPER JUDI-
CIAL ORDER OR AS IN THIS SECTION OR OTHERWISE PROVIDED BY LAW, IT  SHALL
BE UNLAWFUL FOR THE COMMISSIONER, ANY OFFICER OR EMPLOYEE OF THE DEPART-
MENT, OR ANY OFFICER OR PERSON WHO, PURSUANT TO THIS SECTION, IS PERMIT-
TED  TO INSPECT ANY RETURN OR REPORT OR TO WHOM A COPY, AN ABSTRACT OR A
PORTION OF ANY RETURN OR REPORT IS FURNISHED, OR TO WHOM ANY INFORMATION
CONTAINED IN ANY RETURN OR REPORT IS FURNISHED, OR ANY PERSON ENGAGED OR
RETAINED BY SUCH DEPARTMENT ON AN  INDEPENDENT  CONTRACT  BASIS  OR  ANY
PERSON  WHO  IN  ANY  MANNER  MAY ACQUIRE KNOWLEDGE OF THE CONTENTS OF A
RETURN OR REPORT FILED PURSUANT TO THIS ARTICLE TO DIVULGE OR MAKE KNOWN
IN ANY MANNER THE CONTENTS OR ANY  OTHER  INFORMATION  RELATING  TO  THE
BUSINESS  OF AN ESTABLISHMENT CONTAINED IN ANY RETURN OR REPORT REQUIRED
UNDER THIS ARTICLE. THE  OFFICERS  CHARGED  WITH  THE  CUSTODY  OF  SUCH
RETURNS  OR  REPORTS  SHALL  NOT  BE  REQUIRED TO PRODUCE ANY OF THEM OR
EVIDENCE OF ANYTHING CONTAINED IN THEM IN ANY ACTION  OR  PROCEEDING  IN
ANY  COURT,  EXCEPT  ON  BEHALF  OF  THE  STATE, THE STATE DEPARTMENT OF
HEALTH, THE STATE DEPARTMENT OF EDUCATION  OR  THE  COMMISSIONER  IN  AN
ACTION  OR  PROCEEDING UNDER THE PROVISIONS OF THIS CHAPTER OR ON BEHALF
OF THE STATE OR THE COMMISSIONER  IN  ANY  OTHER  ACTION  OR  PROCEEDING
INVOLVING  THE  COLLECTION  OF A TAX DUE UNDER THIS CHAPTER TO WHICH THE
STATE OR THE COMMISSIONER IS A PARTY OR A CLAIMANT OR ON BEHALF  OF  ANY
PARTY  TO ANY ACTION OR PROCEEDING UNDER THE PROVISIONS OF THIS ARTICLE,
WHEN THE RETURNS OR THE REPORTS OR THE FACTS SHOWN THEREBY ARE  DIRECTLY
INVOLVED  IN  SUCH  ACTION  OR PROCEEDING, OR IN AN ACTION OR PROCEEDING
RELATING TO THE REGULATION OR SURCHARGE OF HIGH PRICED DRUGS  ON  BEHALF
OF  OFFICERS TO WHOM INFORMATION SHALL HAVE BEEN SUPPLIED AS PROVIDED IN
SUBSECTION TWO OF THIS SECTION, IN ANY OF WHICH  EVENTS  THE  COURT  MAY
REQUIRE  THE  PRODUCTION  OF,  AND MAY ADMIT IN EVIDENCE SO MUCH OF SAID
RETURNS OR REPORTS OR OF THE FACTS SHOWN THEREBY AS ARE PERTINENT TO THE
ACTION OR PROCEEDING AND NO MORE. NOTHING HEREIN SHALL BE  CONSTRUED  TO
PROHIBIT  THE  COMMISSIONER, IN HIS OR HER DISCRETION, FROM ALLOWING THE
INSPECTION OR DELIVERY OF A CERTIFIED COPY OF ANY RETURN OR REPORT FILED
UNDER THIS ARTICLE OR OF ANY INFORMATION CONTAINED IN ANY SUCH RETURN OR
REPORT BY OR TO A DULY AUTHORIZED  OFFICER  OR  EMPLOYEE  OF  THE  STATE
DEPARTMENT  OF  HEALTH OR THE STATE DEPARTMENT OF EDUCATION; OR BY OR TO
THE ATTORNEY GENERAL OR OTHER LEGAL REPRESENTATIVES OF THE STATE WHEN AN
ACTION SHALL HAVE BEEN RECOMMENDED OR COMMENCED PURSUANT TO THIS CHAPTER
IN WHICH SUCH RETURNS OR REPORTS OR THE FACTS SHOWN THEREBY ARE DIRECTLY
INVOLVED; OR THE INSPECTION OF THE RETURNS  OR  REPORTS  REQUIRED  UNDER
THIS  ARTICLE  BY THE COMPTROLLER OR DULY DESIGNATED OFFICER OR EMPLOYEE
OF THE STATE DEPARTMENT OF AUDIT AND CONTROL, FOR PURPOSES OF THE  AUDIT
OF  A  REFUND  OF ANY SURCHARGE PAID BY AN ESTABLISHMENT OR OTHER PERSON
UNDER THIS ARTICLE; NOR TO PROHIBIT THE DELIVERY TO AN ESTABLISHMENT, OR
A DULY AUTHORIZED REPRESENTATIVE OF SUCH ESTABLISHMENT, A CERTIFIED COPY
OF ANY RETURN OR REPORT FILED BY SUCH  ESTABLISHMENT  PURSUANT  TO  THIS
ARTICLE,  NOR TO PROHIBIT THE PUBLICATION OF STATISTICS SO CLASSIFIED AS

S. 2007                            14                            A. 3007

TO PREVENT THE IDENTIFICATION OF PARTICULAR RETURNS OR REPORTS  AND  THE
ITEMS THEREOF.
  2.  THE  COMMISSIONER,  IN  HIS OR HER DISCRETION AND PURSUANT TO SUCH
RULES AND REGULATIONS AS HE OR SHE MAY ADOPT, MAY PERMIT THE COMMISSION-
ER OF INTERNAL REVENUE OF THE UNITED STATES, OR THE APPROPRIATE OFFICERS
OF ANY OTHER STATE WHICH REGULATES OR SURCHARGES HIGH PRICED  DRUGS,  OR
THE  DULY AUTHORIZED REPRESENTATIVES OF SUCH COMMISSIONER OR OF ANY SUCH
OFFICERS, TO INSPECT RETURNS OR REPORTS MADE PURSUANT TO  THIS  ARTICLE,
OR  MAY  FURNISH TO SUCH COMMISSIONER OR OTHER OFFICERS, OR DULY AUTHOR-
IZED REPRESENTATIVES, A COPY OF ANY SUCH RETURN OR REPORT OR AN ABSTRACT
OF THE INFORMATION THEREIN CONTAINED, OR ANY  PORTION  THEREOF,  OR  MAY
SUPPLY  SUCH  COMMISSIONER  OR ANY SUCH OFFICERS OR SUCH REPRESENTATIVES
WITH INFORMATION RELATING TO THE BUSINESS  OF  AN  ESTABLISHMENT  MAKING
RETURNS  OR  REPORTS  HEREUNDER.  THE  COMMISSIONER MAY REFUSE TO SUPPLY
INFORMATION PURSUANT TO THIS SUBSECTION TO THE COMMISSIONER OF  INTERNAL
REVENUE  OF  THE  UNITED STATES OR TO THE OFFICERS OF ANY OTHER STATE IF
THE STATUTES OF THE UNITED STATES, OR OF THE STATE REPRESENTED  BY  SUCH
OFFICERS,  DO  NOT GRANT SUBSTANTIALLY SIMILAR PRIVILEGES TO THE COMMIS-
SIONER, BUT SUCH REFUSAL SHALL NOT BE MANDATORY. INFORMATION  SHALL  NOT
BE SUPPLIED TO THE COMMISSIONER OF INTERNAL REVENUE OF THE UNITED STATES
OR  THE  APPROPRIATE  OFFICERS  OF  ANY  OTHER  STATE WHICH REGULATES OR
SURCHARGES HIGH PRICED DRUGS, OR THE DULY AUTHORIZED REPRESENTATIVES  OF
SUCH  COMMISSIONER OR OF ANY OF SUCH OFFICERS, UNLESS SUCH COMMISSIONER,
OFFICER OR OTHER REPRESENTATIVES SHALL AGREE  NOT  TO  DIVULGE  OR  MAKE
KNOWN  IN  ANY MANNER THE INFORMATION SO SUPPLIED, BUT SUCH OFFICERS MAY
TRANSMIT SUCH INFORMATION TO THEIR EMPLOYEES  OR  LEGAL  REPRESENTATIVES
WHEN NECESSARY, WHO IN TURN SHALL BE SUBJECT TO THE SAME RESTRICTIONS AS
THOSE  HEREBY IMPOSED UPON SUCH COMMISSIONER, OFFICER OR OTHER REPRESEN-
TATIVES.
  3. (A) ANY OFFICER OR EMPLOYEE OF THE STATE WHO WILLFULLY VIOLATES THE
PROVISIONS OF SUBSECTION ONE OR TWO OF THIS SECTION SHALL  BE  DISMISSED
FROM  OFFICE AND BE INCAPABLE OF HOLDING ANY PUBLIC OFFICE IN THIS STATE
FOR A PERIOD OF FIVE YEARS THEREAFTER.
  (B) CROSS-REFERENCE: FOR CRIMINAL PENALTIES, SEE ARTICLE  THIRTY-SEVEN
OF THIS CHAPTER.
  §  3.  Section 1825 of the tax law, as amended by section 89 of part A
of chapter 59 of the laws of 2014, is amended to read as follows:
  § 1825. Violation of secrecy provisions of the  tax  law.--Any  person
who  violates  the  provisions of subdivision (b) of section twenty-one,
subdivision one of section two hundred two, subdivision eight of section
two hundred eleven, subdivision (a) of section three  hundred  fourteen,
subdivision  one  or  two  of section four hundred thirty-seven, section
four hundred eighty-seven, SECTION FOUR HUNDRED NINETY-FOUR, subdivision
one or two of section five hundred fourteen, subsection (e)  of  section
six  hundred  ninety-seven, subsection (a) of section nine hundred nine-
ty-four, subdivision (a) of section eleven  hundred  forty-six,  section
twelve hundred eighty-seven, subdivision (a) of section fourteen hundred
eighteen,  subdivision (a) of section fifteen hundred eighteen, subdivi-
sion (a) of section fifteen hundred  fifty-five  of  this  chapter,  and
subdivision  (e)  of  section  11-1797 of the administrative code of the
city of New York shall be guilty of a misdemeanor.
  § 4.  The state finance law is amended by adding a new section 89-j to
read as follows:
  § 89-J. HIGH PRICED DRUG REIMBURSEMENT  FUND.    1.  THERE  IS  HEREBY
ESTABLISHED  IN  THE  SOLE  CUSTODY  OF  THE SUPERINTENDENT OF FINANCIAL

S. 2007                            15                            A. 3007

SERVICES AN AGENCY FUND, TO BE KNOWN AS THE "HIGH PRICED DRUG REIMBURSE-
MENT FUND."
  2.  SUCH  FUND SHALL CONSIST OF REVENUES DERIVED FROM THE SURCHARGE ON
HIGH PRICED DRUGS IMPOSED BY ARTICLE TWENTY-C OF THE  TAX  LAW  AND  ALL
OTHER  MONEYS  CREDITED  OR  TRANSFERRED  THERETO FROM ANY OTHER FUND OR
SOURCE PURSUANT TO LAW.
  3. ALL MONEYS RETAINED IN SUCH FUND SHALL BE HELD ON BEHALF OF  HEALTH
INSURERS  AND  THE NEW YORK MEDICAID PROGRAM, AND PAID OUT BY THE SUPER-
INTENDENT OF FINANCIAL SERVICES TO HEALTH  INSURERS  AND  THE  NEW  YORK
MEDICAID  PROGRAM  IN  PROPORTION  TO  HEALTH INSURERS' AND THE NEW YORK
MEDICAID PROGRAM'S RESPECTIVE COSTS ATTRIBUTABLE TO EACH  PHARMACEUTICAL
PRODUCT  FOR  WHICH  THE  SURCHARGE ON HIGH PRICE DRUGS WAS IMPOSED. THE
SUPERINTENDENT OF FINANCIAL  SERVICES  SHALL  ESTABLISH  REGULATIONS  TO
APPORTION  SUCH REVENUES DERIVED TO REFLECT HEALTH INSURERS' AND THE NEW
YORK MEDICAID PROGRAM'S RESPECTIVE COSTS FOR SUCH DRUGS.
  4. ALL MONEYS DISTRIBUTED FROM THE HIGH PRICED DRUG REIMBURSEMENT FUND
TO A HEALTH INSURER SHALL BE, AT THE DISCRETION OF THE SUPERINTENDENT OF
FINANCIAL SERVICES, EITHER (1) CREDITED TO THE PREMIUMS CHARGED BY  SUCH
HEALTH INSURER FOR THE NEXT POLICY PERIOD OR (2) CREDITED TO POLICYHOLD-
ERS PURSUANT TO PROCEDURES THAT THE SUPERINTENDENT OF FINANCIAL SERVICES
SHALL ESTABLISH BY REGULATIONS.
  5.  FOR  PURPOSES  OF THIS SECTION: (A) "HEALTH INSURER" SHALL MEAN AN
INSURANCE COMPANY AUTHORIZED IN THIS STATE TO WRITE ACCIDENT AND  HEALTH
INSURANCE,  A  COMPANY  ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THE
INSURANCE LAW, A MUNICIPAL COOPERATIVE HEALTH BENEFIT  PLAN  ESTABLISHED
PURSUANT  TO  ARTICLE FORTY-SEVEN OF THE INSURANCE LAW, A HEALTH MAINTE-
NANCE ORGANIZATION CERTIFIED  PURSUANT  TO  ARTICLE  FORTY-FOUR  OF  THE
PUBLIC HEALTH LAW, AN INSTITUTION OF HIGHER EDUCATION CERTIFIED PURSUANT
TO  SECTION  ONE  THOUSAND ONE HUNDRED TWENTY-FOUR OF THE INSURANCE LAW,
THE NEW YORK STATE HEALTH INSURANCE PLAN ESTABLISHED UNDER ARTICLE ELEV-
EN OF THE CIVIL SERVICE LAW, OR AN EMPLOYER  WITH  AN  EMPLOYEE  BENEFIT
PLAN,  AS DEFINED BY THE FEDERAL EMPLOYEE RETIREMENT INCOME SECURITY ACT
OF 1974, PROVIDED THAT THE EMPLOYER VOLUNTARILY ELECTS;
  (B) "NEW YORK MEDICAID PROGRAM"  SHALL  MEAN  THE  MEDICAL  ASSISTANCE
PROGRAM  FOR NEEDY PERSONS ESTABLISHED PURSUANT TO TITLE ELEVEN OF ARTI-
CLE FIVE OF THE SOCIAL SERVICES LAW.
  6. THE SUPERINTENDENT OF FINANCIAL SERVICES MAY ISSUE SUCH  RULES  AND
REGULATIONS  AS HE OR SHE SHALL DEEM NECESSARY TO IMPLEMENT THIS SECTION
AND ADMINISTER THE HIGH PRICED DRUG REIMBURSEMENT FUND.
  7. THE FUNDS SO  RECEIVED  AND  DEPOSITED  IN  THE  HIGH  PRICED  DRUG
REIMBURSEMENT FUND SHALL NOT BE DEEMED TO BE STATE FUNDS.
  8.  MONEYS DISTRIBUTED FROM THE FUND SHALL NOT BE SUBJECT TO APPROPRI-
ATION.
  9. NO AMOUNTS MAY BE PAID OUT OF THIS FUND PRIOR TO APRIL  FIRST,  TWO
THOUSAND EIGHTEEN.
  §  5. Subdivision 1 and paragraph (f) of subdivision 2 of section 369-
bb of the social services law, subdivision 1 as  amended  and  paragraph
(f)  of  subdivision 2 as added by section 20 of part A of chapter 56 of
the laws of 2013, are amended and two new paragraphs  (g)  and  (h)  are
added to subdivision 2 to read as follows:
  1.  A  [nineteen-member]  TWENTY-THREE  MEMBER drug utilization review
board is hereby created in the department. The board is responsible  for
the  establishment  and implementation of medical standards and criteria
for the retrospective and prospective DUR program.
  (f)(I) The commissioner shall designate a person from  the  department
to serve as chairperson of the board.

S. 2007                            16                            A. 3007

  (II) TWO PERSONS WHO ARE HEALTH CARE ECONOMISTS.
  (G) ONE PERSON WHO IS AN ACTUARY.
  (H) ONE PERSON REPRESENTING THE DEPARTMENT OF FINANCIAL SERVICES.
  § 6. Paragraphs (g), (h) and (i) of subdivision 8 of section 369-bb of
the social services law are relettered paragraphs (h), (i) and (j) and a
new paragraph (g) is added to read as follows:
  (G)  THE REVIEW OF THE DRUG COST AND PRICING OF SPECIFIC DRUGS SUBMIT-
TED TO THE BOARD PURSUANT TO SECTION TWO HUNDRED EIGHTY  OF  THE  PUBLIC
HEALTH  LAW, AND THE FORMULATION OF RECOMMENDATIONS AS TO A VALUE-BASED,
PER-UNIT  BENCHMARK  PRICE  FOR  SUCH  DRUGS,  IN  ACCORDANCE  WITH  THE
PROVISIONS OF SUCH SECTION.
  § 7. The opening paragraph and subparagraphs (i) and (ii) of paragraph
(b)  and  paragraph  (d) of subdivision 9 of section 367-a of the social
services law, the opening paragraph and  paragraph  (d)  as  amended  by
chapter  19 of the laws of 1998, subparagraphs (i) and (ii) of paragraph
(b) as amended by section 2 of part C of chapter 60 of the laws of 2014,
subparagraph (i) of paragraph (d) as amended by section 10-a of  part  H
of chapter 59 of the laws of 2011 and subparagraph (ii) of paragraph (d)
as  amended  by  section 48 of part C of chapter 58 of the laws of 2009,
are amended to read as follows:
  Notwithstanding any inconsistent provision of law or regulation to the
contrary,  for  those  drugs  which  may  not  be  dispensed  without  a
prescription  as  required  by  section  sixty-eight  hundred ten of the
education law and for which payment is authorized pursuant to  paragraph
(g)  of  subdivision  two  of section three hundred sixty-five-a of this
title, AND FOR THOSE DRUGS THAT ARE AVAILABLE WITHOUT A PRESCRIPTION  AS
REQUIRED BY SECTION SIXTY-EIGHT HUNDRED TEN OF THE EDUCATION LAW BUT ARE
REIMBURSED  AS  ITEMS OF MEDICAL ASSISTANCE PURSUANT TO PARAGRAPH (A) OF
SUBDIVISION FOUR OF SECTION THREE HUNDRED SIXTY-FIVE-A  OF  THIS  TITLE,
payments under this title shall be made at the following amounts:
  (i)  [if the drug dispensed is a multiple source prescription drug for
which an upper limit has been set by the federal  centers  for  medicare
and medicaid services, the lower of: (A) an amount equal to the specific
upper  limit  set  by  such  federal  agency  for  the  multiple  source
prescription drug; (B) the estimated acquisition cost of  such  drug  to
pharmacies  which,  for  purposes  of  this subparagraph, shall mean the
average wholesale price of a prescription drug based on the package size
dispensed from, as reported by the  prescription  drug  pricing  service
used  by the department, less twenty-five percent thereof; (C) the maxi-
mum acquisition cost, if any, established pursuant to paragraph  (e)  of
this  subdivision,  provided that the methodology used by the department
to establish a maximum acquisition cost shall not include average acqui-
sition cost as determined by department surveys; or (D)  the  dispensing
pharmacy's usual and customary price charged to the general public; and]
IF  THE DRUG DISPENSED IS A GENERIC PRESCRIPTION DRUG, OR IS A DRUG THAT
IS AVAILABLE WITHOUT A PRESCRIPTION AS REQUIRED BY  SECTION  SIXTY-EIGHT
HUNDRED TEN OF THE EDUCATION LAW BUT IS REIMBURSED AS AN ITEM OF MEDICAL
ASSISTANCE  PURSUANT  TO  PARAGRAPH  (A)  OF SUBDIVISION FOUR OF SECTION
THREE HUNDRED SIXTY-FIVE-A OF THIS TITLE, THE LOWER OF:  (A)  AN  AMOUNT
EQUAL  TO  THE NATIONAL AVERAGE DRUG ACQUISITION COST SET BY THE FEDERAL
CENTERS FOR MEDICARE AND MEDICAID SERVICES FOR THE DRUG, IF ANY,  OR  IF
SUCH AMOUNT IF NOT AVAILABLE, THE WHOLESALE ACQUISITION COST OF THE DRUG
BASED   ON   THE  PACKAGE  SIZE  DISPENSED  FROM,  AS  REPORTED  BY  THE
PRESCRIPTION DRUG PRICING SERVICE USED BY THE DEPARTMENT, LESS SEVENTEEN
AND ONE-HALF PERCENT THEREOF; (B)  THE  FEDERAL  UPPER  LIMIT,  IF  ANY,
ESTABLISHED  BY  THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES;

S. 2007                            17                            A. 3007

(C) THE STATE MAXIMUM ACQUISITION COST, IF ANY, ESTABLISHED PURSUANT  TO
PARAGRAPH  (E)  OF  THIS  SUBDIVISION;  OR (D) THE DISPENSING PHARMACY'S
USUAL AND CUSTOMARY PRICE CHARGED TO THE GENERAL PUBLIC;
  (ii) if the drug dispensed is [a multiple source prescription drug or]
a  brand-name  prescription  drug [for which no specific upper limit has
been set by such federal agency], the lower of [the  estimated  acquisi-
tion  cost of such drug to pharmacies or the dispensing pharmacy's usual
and customary price charged to the general public. For sole and multiple
source brand name drugs, estimated acquisition cost  means  the  average
wholesale  price  of  a  prescription  drug  based upon the package size
dispensed from, as reported by the  prescription  drug  pricing  service
used  by the department, less seventeen percent thereof or the wholesale
acquisition  cost  of  a  prescription  drug  based  upon  package  size
dispensed  from,  as  reported  by the prescription drug pricing service
used by the department, minus  zero  and  forty-one  hundredths  percent
thereof,  and  updated  monthly  by  the department. For multiple source
generic drugs, estimated acquisition cost means the lower of the average
wholesale price of  a  prescription  drug  based  on  the  package  size
dispensed  from,  as  reported  by the prescription drug pricing service
used by the department, less twenty-five percent thereof, or the maximum
acquisition cost, if any, established pursuant to paragraph (e) of  this
subdivision,  provided  that  the  methodology used by the department to
establish a maximum acquisition cost shall not include average  acquisi-
tion cost as determined by department surveys.]:
  (A)  AN AMOUNT EQUAL TO THE NATIONAL AVERAGE DRUG ACQUISITION COST SET
BY THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES FOR THE  DRUG,
IF  ANY,  OR  IF SUCH AMOUNT IS NOT AVAILABLE, THE WHOLESALE ACQUISITION
COST OF THE DRUG BASED ON THE PACKAGE SIZE DISPENSED FROM,  AS  REPORTED
BY  THE  PRESCRIPTION  DRUG PRICING SERVICE USED BY THE DEPARTMENT, LESS
THREE AND THREE-TENTHS PERCENT THEREOF; OR (B) THE DISPENSING PHARMACY'S
USUAL AND CUSTOMARY PRICE CHARGED TO THE GENERAL PUBLIC; AND
  (d) In addition to the amounts paid pursuant to paragraph (b) of  this
subdivision  [to  pharmacies  for those drugs which may not be dispensed
without a prescription, as required by section sixty-eight  hundred  ten
of  the  education  law  and for which payment is authorized pursuant to
paragraph (g) of subdivision two of section three  hundred  sixty-five-a
of  this  title],  the  department  shall  pay  a  PROFESSIONAL pharmacy
dispensing fee for  each  such  [prescription]  drug  dispensed[,  which
dispensing fee shall not be less than the following amounts:
  (i)  for prescription drugs categorized as generic by the prescription
drug pricing service used by the department,  three  dollars  and  fifty
cents per prescription; and
  (ii)  for  prescription  drugs  categorized as brand-name prescription
drugs by the prescription drug pricing service used by  the  department,
three  dollars and fifty cents per prescription, provided, however, that
for brand name prescription drugs reimbursed  pursuant  to  subparagraph
(ii)  of  paragraph  (a-1)  of subdivision four of section three hundred
sixty-five-a of this title, the dispensing fee shall be four dollars and
fifty  cents  per  prescription]  IN  THE  AMOUNT  OF  TEN  DOLLARS  PER
PRESCRIPTION  OR WRITTEN ORDER OF A PRACTITIONER; PROVIDED, HOWEVER THAT
THIS PROFESSIONAL DISPENSING FEE WILL NOT APPLY TO DRUGS THAT ARE AVAIL-
ABLE 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 SECURITY ACT.
  § 8. It shall be an unacceptable  practice  in  the  Medicaid  program
established pursuant to title 11 of article 5 of the social services law

S. 2007                            18                            A. 3007

for  a provider to prescribe opioids in violation of the requirements of
paragraph (g-1) of subdivision 2  of  section  365-a  of  such  law,  in
violation  of  any  other  applicable  law  limiting  or restricting the
prescribing of opioids, and/or contrary to recommendations issued by the
drug  utilization  review  board  established  by  section 369-bb of the
social services law, and such practice may result in the provider  being
excluded from participation in the Medicaid program.
  §  9.  Paragraph (g-1) of subdivision 2 of section 365-a of the social
services law, as amended by section 5 of part C of  chapter  60  of  the
laws of 2014, is amended to read as follows:
  (g-1)  drugs provided on an in-patient basis, those drugs contained on
the list established by regulation of the commissioner of health  pursu-
ant  to  subdivision four of this section, and those drugs which may not
be dispensed without a prescription as required by  section  sixty-eight
hundred  ten  of  the education law and which the commissioner of health
shall determine to be reimbursable based upon such factors as the avail-
ability of such drugs or alternatives at low  cost  if  purchased  by  a
medicaid  recipient,  or the essential nature of such drugs as described
by such commissioner in regulations, provided, however, that such drugs,
exclusive of long-term maintenance drugs, shall be dispensed in  quanti-
ties no greater than a thirty day supply or one hundred doses, whichever
is  greater; provided further that the commissioner of health is author-
ized to require prior authorization for any  refill  of  a  prescription
when  more  than  a  ten  day  supply of the previously dispensed amount
should remain were the product used as normally  indicated,  OR  IN  THE
CASE  OF  A  CONTROLLED  SUBSTANCE,  AS  DEFINED IN SECTION THIRTY-THREE
HUNDRED TWO OF THE PUBLIC HEALTH LAW, WHEN MORE THAN A SEVEN DAY  SUPPLY
OF  THE  PREVIOUSLY DISPENSED AMOUNT SHOULD REMAIN WERE THE PRODUCT USED
AS NORMALLY INDICATED; provided further that the commissioner of  health
is  authorized to require prior authorization of prescriptions of opioid
analgesics in excess of four prescriptions in  a  thirty-day  period  in
accordance  with  section two hundred seventy-three of the public health
law; medical assistance shall not include any  drug  provided  on  other
than  an in-patient basis for which a recipient is charged or a claim is
made in the case of a prescription drug, in excess of the maximum  reim-
bursable  amounts to be established by department regulations in accord-
ance with standards established by the secretary of  the  United  States
department  of  health and human services, or, in the case of a drug not
requiring a prescription, in excess of the maximum  reimbursable  amount
established  by  the commissioner of health pursuant to paragraph (a) of
subdivision four of this section;
  § 10. 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 SHALL 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. IN THE CASE OF

S. 2007                            19                            A. 3007

ATYPICAL ANTIPSYCHOTICS AND ANTIDEPRESSANTS, IF, AFTER CONSULTATION WITH
THE PROGRAM, THE PRESCRIBER, IN HIS OR HER REASONABLE PROFESSIONAL JUDG-
MENT, 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.
  § 11. Subdivision 25 of section 364-j of the social services  law,  as
added  by  section  55  of  part D of chapter 56 of the laws of 2012, is
amended to read as follows:
  25. [Effective January first, two thousand thirteen,  notwithstanding]
NOTWITHSTANDING  any  provision  of  law  to  the contrary, managed care
providers shall cover medically  necessary  prescription  drugs  in  the
atypical  antipsychotic  AND ANTIDEPRESSANT therapeutic [class] CLASSES,
including non-formulary drugs, upon  demonstration  by  the  prescriber,
after consulting with the managed care provider, that such drugs, in the
prescriber's  reasonable  professional judgment, are medically necessary
and warranted.
  § 12. Subdivision 25-a of section 364-j of the social services law  is
REPEALED.
  §  13.  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" MEANS A PHARMACIST WHO MAINTAINS A CURRENT
UNRESTRICTED LICENSE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE
EDUCATION LAW AND WHO HAS COMPLETED ONE OR MORE PROGRAMS, ACCREDITED  BY
THE  ACCREDITATION  COUNCIL  FOR  PHARMACY EDUCATION, FOR THE MEDICATION
MANAGEMENT OF A CHRONIC DISEASE OR DISEASES;
  (B) "COMPREHENSIVE MEDICATION MANAGEMENT" MEANS A PROGRAM THAT ENSURES
A PATIENT'S MEDICATIONS, WHETHER PRESCRIPTION  OR  NONPRESCRIPTION,  ARE
INDIVIDUALLY  ASSESSED  TO DETERMINE THAT EACH MEDICATION IS APPROPRIATE
FOR THE PATIENT, EFFECTIVE FOR THE MEDICAL CONDITION, SAFE GIVEN  COMOR-
BIDITIES  AND OTHER MEDICATIONS BEING TAKEN, AND ABLE TO BE TAKEN BY THE
PATIENT AS INTENDED;
  (C) "COMPREHENSIVE MEDICATION MANAGEMENT  PROTOCOL"  MEANS  A  WRITTEN
DOCUMENT PURSUANT TO AND CONSISTENT WITH ANY APPLICABLE STATE AND FEDER-
AL  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 PRACTITIONER CERTIFIED PURSUANT TO SECTION SIXTY-NINE HUNDRED
TEN OF THE EDUCATION LAW, AND A QUALIFIED PHARMACIST WHICH  ADDRESSES  A
CHRONIC  DISEASE  OR DISEASES AND THAT DESCRIBES THE NATURE AND SCOPE OF
THE COMPREHENSIVE MEDICATION MANAGEMENT SERVICES TO BE PERFORMED BY  THE
QUALIFIED PHARMACIST, IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION;
COMPREHENSIVE  MEDICATION  MANAGEMENT  PROTOCOLS  BETWEEN  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.  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.

S. 2007                            20                            A. 3007

  3. UNDER A COMPREHENSIVE MEDICATION MANAGEMENT PROTOCOL,  A  QUALIFIED
PHARMACIST SHALL BE PERMITTED TO:
  (A)  ADJUST OR MANAGE A DRUG REGIMEN OF THE PATIENT, WHICH MAY INCLUDE
ADJUSTING DRUG STRENGTH, FREQUENCY OF ADMINISTRATION OR ROUTE OF  ADMIN-
ISTRATION,  DISCONTINUANCE  OF  THERAPY  OR  INITIATION  OF A DRUG WHICH
DIFFERS FROM THAT INITIALLY PRESCRIBED BY  THE  PATIENT'S  PHYSICIAN  OR
NURSE PRACTITIONER;
  (B)  EVALUATE  AND  ONLY TO THE NEXT 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 COMPREHENSIVE MEDICATION MANAGEMENT FOR THE SPECIFIC CHRONIC  DISEASE
OR  DISEASES,  SPECIFIED  WITHIN THE COMPREHENSIVE MEDICATION MANAGEMENT
PROTOCOL;
  (C) ACCESS THE COMPLETE  PATIENT  MEDICAL  RECORD  MAINTAINED  BY  THE
PHYSICIAN  OR  NURSE PRACTITIONER WITH WHOM HE OR SHE HAS THE COMPREHEN-
SIVE 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 IN A TIME-
LY MANNER ELECTRONICALLY OR BY  OTHER  MEANS.  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. ANY MEDICATION ADJUSTMENTS MADE BY THE QUALIFIED PHARMACIST  PURSU-
ANT  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 INITIALLY 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 CONSISTENT WITH SECTION
SIXTY-EIGHT HUNDRED TEN OF THE EDUCATION LAW.
  5. 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, WHO HAS RESPONSIBILITY  FOR
THE  TREATMENT  AND  CARE OF A PATIENT FOR A CHRONIC DISEASE OR DISEASES
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. SUCH REFERRAL SHALL BE DOCUMENTED
IN THE PATIENT'S MEDICAL RECORD. PARTICIPATION BY THE PATIENT IN COMPRE-
HENSIVE MEDICATION MANAGEMENT SERVICES SHALL BE VOLUNTARY.
  § 14. 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;
  §  15.  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:

S. 2007                            21                            A. 3007

  (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.
  § 16. Subparagraph (iii) of paragraph (c) of subdivision 6 of  section
367-a  of  the social services law, as amended by section 9 of part C of
chapter 60 of the laws of 2014, is amended to read as follows:
  (iii) Notwithstanding any other provision of this  paragraph,  co-pay-
ments  charged for each generic prescription drug dispensed shall be one
dollar and for each brand name  prescription  drug  dispensed  shall  be
[three dollars] TWO DOLLARS AND FIFTY CENTS; provided, however, that the
co-payments  charged  for  [each  brand  name  prescription  drug on the
preferred drug list established pursuant to section two  hundred  seven-
ty-two of the public health law or, for managed care providers operating
pursuant  to  section three hundred sixty-four-j of this title, for each
brand name prescription drug on a managed care provider's formulary that
such provider has designated as a preferred drug,  and  the  co-payments
charged  for]  each  brand name prescription drug reimbursed pursuant to
subparagraph (ii) of paragraph (a-1)  of  subdivision  four  of  section
three hundred sixty-five-a of this title shall be one dollar.
  §  17.  Subparagraphs  1  and  5  of paragraph (f) of subdivision 7 of
section 367-a of the social services law, as added by section 11 of part
B of chapter 59 of the laws of 2016, are amended to read as follows:
  (1) The department may  require  manufacturers  of  drugs  other  than
single  source  drugs and innovator multiple source drugs, as such terms
are defined in 42 U.S.C. § 1396r-8(k), to provide rebates to the depart-
ment for any drug that has increased more than three hundred percent  of
its  state  maximum  acquisition  cost  (SMAC)[, on or after] DURING THE
PERIOD April 1, 2016 THROUGH MARCH 31, 2017, OR THAT HAS INCREASED  MORE
THAN  SEVENTY-FIVE  PERCENT  OF  ITS  SMAC ON OR AFTER APRIL 1, 2017, in
comparison to its SMAC at any time during the course  of  the  preceding
twelve  months.  The  required  rebate shall be limited to the amount by
which the current SMAC for the drug exceeds [three hundred percent]  THE
APPLICABLE  PERCENTAGE  of the SMAC for the same drug at any time during
the course of the preceding twelve months.  Such  rebates  shall  be  in
addition  to any rebates payable to the department pursuant to any other
provision of federal or state  law.  Nothing  herein  shall  affect  the
department's obligation to reimburse for covered outpatient drugs pursu-
ant to paragraph (d) of this subdivision.
  (5)  Beginning in two thousand seventeen, the department shall provide
an annual report to the legislature no later than February first setting
forth:
  (i) The number of drugs that exceeded the ceiling price established in
this paragraph during the preceding year in comparison to the number  of
drugs  that  experienced at least a three hundred percent price increase
during two thousand fourteen and two thousand fifteen,  OR  AT  LEAST  A
SEVENTY-FIVE  PERCENT PRICE INCREASE DURING TWO THOUSAND FIFTEEN AND TWO
THOUSAND SIXTEEN;
  (ii) The average percent amount above the ceiling price of drugs  that
exceeded  the  ceiling  price in the preceding year in comparison to the
number of drugs that  experienced  a  price  increase  more  than  three
hundred  percent  during two thousand fourteen and two thousand fifteen,
OR AT LEAST A SEVENTY-FIVE PERCENT PRICE INCREASE  DURING  TWO  THOUSAND
FIFTEEN AND TWO THOUSAND SIXTEEN;

S. 2007                            22                            A. 3007

  (iii)  The  number of generic drugs available to enrollees in Medicaid
fee for service or Medicaid managed care,  by  fiscal  quarter,  in  the
preceding  year in comparison to the drugs available, by fiscal quarter,
during two thousand fourteen [and], two thousand fifteen, AND TWO  THOU-
SAND SIXTEEN; and
  (iv)  The  total drug spend on generic drugs for the preceding year in
comparison to the total drug spend on generic drugs during two  thousand
fourteen [and], two thousand fifteen, AND TWO THOUSAND SIXTEEN.
  §  18.   Severability. If any clause, sentence, paragraph, or subdivi-
sion of this section shall be adjudged by any court of competent  juris-
diction to be invalid, such judgment shall not affect, impair, or inval-
idate  the  remainder thereof, but shall be confined in its operation to
the clause, sentence, paragraph, or subdivision directly involved in the
controversy in which such judgment shall have been rendered. It is here-
by declared to be the intent of the legislature that this section  would
have  been enacted even if such invalid provisions had not been included
herein.
  § 19. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2017; provided,
however,  that  sections nine, fourteen, fifteen, sixteen, and seventeen
of this act shall take effect July 1, 2017; provided, further, that  the
amendments  to  section 364-j of the social services law made by section
eleven of this act shall not affect the repeal of such section and shall
be deemed repealed therewith; provided, further, that the amendments  to
paragraph  (c)  of subdivision 6 of section 367-a of the social services
law made by sections fifteen and sixteen of this act  shall  not  affect
the  repeal  of  such  paragraph and shall be deemed repealed therewith;
provided, further, that the amendments to paragraph (f) of subdivision 7
of section 367-a of the social services law made by section seventeen of
this act shall not affect the repeal of  such  paragraph  and  shall  be
deemed repealed therewith; and provided, further, that the amendments to
subdivision  9  of  section  367-a  of  the  social services law made by
section seven of this act shall not affect the expiration of such subdi-
vision and shall be deemed to expire therewith.

                                 PART E

  Section 1. 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 A CONTINUOUS PERIOD
OF more than one hundred and twenty days FROM  DATE  OF  ENROLLMENT,  to

S. 2007                            23                            A. 3007

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,
PROVIDED,  HOWEVER,  THAT ON OR AFTER OCTOBER FIRST, TWO THOUSAND SEVEN-
TEEN, THE COMMISSIONER MAY, THROUGH SUCH  AN  APPROVED  WAIVER,  FURTHER
LIMIT  ELIGIBILITY  TO AVAILABLE PLANS TO ENROLLEES THAT REQUIRE NURSING
FACILITY LEVEL OF CARE. NOTWITHSTANDING THE FOREGOING,  MEDICAL  ASSIST-
ANCE  RECIPIENTS  ENROLLED  IN  A MANAGED LONG TERM CARE PLAN ON OCTOBER
FIRST, TWO THOUSAND SEVENTEEN MAY  CONTINUE  TO  BE  ELIGIBLE  FOR  SUCH
PLANS, IRRESPECTIVE OF WHETHER THE ENROLLEE MEETS ANY APPLICABLE NURSING
FACILITY  LEVEL  OF CARE REQUIREMENTS, PROVIDED, HOWEVER, THAT ONCE SUCH
RECIPIENTS ARE DISENROLLED FROM THEIR MANAGED LONG TERM CARE  PLAN,  ANY
APPLICABLE  NURSING  FACILITY  LEVEL OF CARE REQUIREMENTS WOULD APPLY TO
FUTURE ELIGIBILITY DETERMINATIONS.   Such guidelines shall  address  the
requirements  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 appli-
cations 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.  Subdivision  25  of  section  2808  of the public health law is
REPEALED.
  § 3. Paragraph (b) of subdivision 5 of section 2801-e  of  the  public
health law, as amended by chapter 257 of the laws of 2005, is amended to
read as follows:
  (b) Notwithstanding any inconsistent provision of law or regulation to
the contrary, for purposes of determining medical assistance payments by
government  agencies  for  residential  health  care  facility  services
provided pursuant to title eleven of article five of the social services
law for facilities that have temporarily decertified beds:
  (i) the facility's capital cost reimbursement  shall  be  adjusted  to
appropriately  take  into  account the new bed capacity of the facility;
AND
  (ii) the facility's peer group assignment for indirect cost reimburse-
ment shall be based on its total certified beds less the number of  beds
that have been temporarily decertified[; and
  (iii)  the facility's vacancy rate shall be calculated on the basis of
its total certified beds less the number of beds that have  been  tempo-
rarily  decertified for purposes of determining eligibility for payments
for reserved bed days for residents of residential health  care  facili-
ties,  provided,  however,  that such payments for reserved bed days for
facilities that have temporarily decertified beds shall be in an  amount
that  is  fifty  percent  of the otherwise applicable payment amount for
such beds].
  § 4. Subdivision 2-c of section 2808  of  the  public  health  law  is
amended by adding a new paragraph (f) to read as follows:
  (F) THE COMMISSIONER SHALL ESTABLISH A PROSPECTIVE PER DIEM ADJUSTMENT
FOR  ALL  NURSING  HOMES,  OTHER  THAN  NURSING HOMES PROVIDING SERVICES
PRIMARILY TO CHILDREN UNDER  THE  AGE  OF  TWENTY-ONE,  BEGINNING  APRIL
FIRST,  TWO  THOUSAND  SEVENTEEN  AND EACH YEAR THEREAFTER SUFFICIENT TO
ACHIEVE EIGHTEEN MILLION DOLLARS IN SAVINGS IN EACH STATE FISCAL YEAR.

S. 2007                            24                            A. 3007

  § 5. Paragraph (a) of subdivision 3  of  section  366  of  the  social
services  law, as amended by chapter 110 of the laws of 1971, is amended
to read as follows:
  (a)  Medical  assistance  shall  be  furnished  to applicants in cases
where, although such applicant has a responsible  relative  with  suffi-
cient  income  and resources to provide medical assistance as determined
by the regulations of the department, the income and  resources  of  the
responsible  relative are not available to such applicant because of the
absence of such relative [or] AND the refusal or failure of such  ABSENT
relative  to  provide the necessary care and assistance.  In such cases,
however, the furnishing of  such  assistance  shall  create  an  implied
contract  with such relative, and the cost thereof may be recovered from
such relative in accordance with title six  of  article  three  OF  THIS
CHAPTER and other applicable provisions of law.
  §  6.  Paragraph  (m)  of subdivision 2 of section 365-a of the social
services law, as amended by chapter 725 of the laws of 1989, is  amended
to read as follows:
  (m) hospice services provided by a hospice certified pursuant to arti-
cle forty of the public health law, to the extent that federal financial
participation  is  available  AND  THAT  SUCH SERVICES ARE COVERED UNDER
TITLE XVIII OF THE FEDERAL SOCIAL  SECURITY  ACT,  and,  notwithstanding
federal  financial  participation,  COVERAGE  UNDER  TITLE  XVIII OF THE
FEDERAL SOCIAL SECURITY ACT, and any provision of law or  regulation  to
the  contrary,  for  hospice  services  provided pursuant to the hospice
supplemental financial assistance program for persons with special needs
as provided for in article forty of the public health law.
  § 7. This act shall take effect immediately and  shall  be  deemed  to
have  been in full force and effect on and after April 1, 2017; provided
however, that the amendments to section 4403-f of the public health  law
made  by  section  one  of  this  act shall take effect October 1, 2017;
provided further, that the amendments to paragraph  (m)  of  subdivision
two  of  section 365-a of the social services law made by section six of
this act shall take effect June 1, 2017;  provided,  further,  that  the
amendments  to  subparagraph  (i)  of  paragraph (b) of subdivision 7 of
section 4403-f of the public health law made by section one of this  act
shall not affect the repeal of such section and shall be deemed repealed
therewith;  and  provided,  further, that the amendments to subparagraph
(i) of paragraph (b) of subdivision 7 of section 4403-f  of  the  public
health  law made by section one of this act shall not affect the expira-
tion of such paragraph and shall be deemed to expire therewith.

                                 PART F

  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

S. 2007                            25                            A. 3007

enrollees of managed long term care plans issued certificates of author-
ity under section forty-four hundred three-f of the public health  law].
Any  transportation  manager or managers selected by the commissioner to
manage  transportation  services shall have proven experience in coordi-
nating transportation services in  a  geographic  and  demographic  area
similar  to the area in New York state within which the contractor would
manage the provision of services under this section. Such a contract  or
contracts  may include responsibility for: review, approval and process-
ing of transportation orders; management of  the  appropriate  level  of
transportation based on documented patient medical need; and development
of new technologies leading to efficient transportation services. If the
commissioner  elects  to  assume such responsibility from a local social
services district, the commissioner shall examine and,  if  appropriate,
adopt  quality  assurance measures that may include, but are not limited
to,  global  positioning  tracking  system  reporting  requirements  and
service  verification mechanisms. Any and all reimbursement rates devel-
oped by transportation managers under this subdivision shall be  subject
to the review and approval of the commissioner.
  §  2.  Subdivision  5  of  section 365-h of the social services law is
REPEALED.
  § 3. Section 367-s of the social services law, as amended  by  section
43-a of part C of chapter 109 of the laws of 2006, 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, 2017;  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  take  effect
October 1, 2017; provided, further, that the amendments to 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 be  deemed  repealed  there-
with.

                                 PART G

  Section 1.  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  expendi-
tures,  as  separately amended by section 1 of part JJ of chapter 54 and
section 18 of part B of chapter 59 of the laws of 2016,  is  amended  to
read as follows:
  1.  For  state  fiscal  years  2011-12  through [2017-18] 2018-19, 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

S. 2007                            26                            A. 3007

pursuant to the federal social security act, CHANGES TO THE AVAILABILITY
OF  FEDERAL  FINANCIAL PARTICIPATION IN MEDICAID EXPENDITURES, OR CHANGE
IN FEDERAL MEDICAID ELIGIBILITY CRITERIA, changes in provider  revenues,
reductions to local social services district medical assistance adminis-
tration,  minimum wage increases, and beginning April 1, 2012 the opera-
tional 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.
  §  2.  Notwithstanding sections 61, 63, 70, 78, 79, 81 and 81-a of the
civil service law or any provisions to the  contrary  contained  in  any
general, special, or local laws:
  1.  staff contracted by the office of health insurance programs within
the department of health to assist with health insurance program  initi-
atives,  including  under  a  contract  authorized  by subdivision 29 of
section 364-j of the social services law, who meet the open  competitive
qualifications for positions established to perform these functions will
be  eligible for appointment to appropriate positions, designated by the
office of health insurance programs in the department, that are  classi-
fied to perform such functions without further examination or qualifica-
tion; and, upon such appointment and satisfactory completion of a proba-
tionary  period,  will  have  all  the  rights  and  privileges  of  the
jurisdictional classification to which such positions are  allocated  in
the classified service of the state;
  2.  student assistants working in the department of health's office of
health insurance  programs  through  the  department  of  civil  service
student  assistant  classification  who meet the open competitive quali-
fications for traineeship classifications  in  titles  approved  by  the
department  of  civil  service  will be eligible for appointment to such
appropriate traineeship positions, designated by the  office  of  health
insurance programs in the department of health, without further examina-
tion  or  qualification;  and,  upon  such  appointment and satisfactory
completion of a probationary period, will have all the rights and privi-
leges of the jurisdictional classification  to  which  such  traineeship
positions are allocated in the classified service of the state; and
  3.  within  90 days of the effective date of this section, the depart-
ment of civil service, in consultation with the  department  of  health,
shall  establish  a  health care service career internship program. This
program will be designed to prepare individuals with master's degrees in
public administration or a related  health  care  field  for  management
positions  within  the department of health's office of health insurance
programs.  The program will offer career tracks in the health  insurance
program  management  areas of budget and finance, long term care, health
homes, outpatient patient care, and health care public policy. During  a
two-year  internship,  interns  will  serve in a variety of professional
positions within the department of health's office of  health  insurance
programs  and  be provided specialized training, rotational assignments,
and mentoring. After satisfactory completion of the internship,  interns
will  advance  to a permanent competitive class grade 18 position in the
various titles utilized within the  department  of  health's  office  of
health  insurance programs for health insurance program management with-
out further examination or qualification; and, upon such appointment and
satisfactory completion of a probationary  period,  will  have  all  the

S. 2007                            27                            A. 3007

rights and privileges of the jurisdictional classification to which such
positions are allocated in the classified service of the state.
  §  3. Section 4-a of part C of chapter 58 of the laws of 2005, author-
izing reimbursements for expenditures made by or  on  behalf  of  social
services  districts  for  medical  assistance  for needy persons and the
administration thereof, is amended by adding a new  subdivision  (e)  to
read as follows:
  (E)  BEGINNING  WITH  STATE  FISCAL YEAR 2017-18, THE AMOUNT DUE TO BE
REIMBURSED UNDER SUBDIVISION (A) OF THIS SECTION TO  A  SOCIAL  SERVICES
DISTRICT  WHICH  INCLUDES  A  CITY  WITH  A POPULATION OF MORE THAN FIVE
MILLION SHALL BE REDUCED ANNUALLY BY 50 MILLION DOLLARS UNLESS:
  (I) BY JUNE 30, 2017, SUCH DISTRICT HAS A  SHARED  SAVINGS  ALLOCATION
PLAN  APPROVED  BY THE COMMISSIONER OF HEALTH TO INCREASE BY 100 MILLION
DOLLARS THE CURRENT ANNUAL DOLLAR AMOUNT OF THE CITY'S FINALLY SUBMITTED
AND PAYABLE MEDICAID CLAIMS FOR PRESCHOOL AND SCHOOL  SUPPORTIVE  HEALTH
SERVICES ELIGIBLE FOR FEDERAL FINANCIAL PARTICIPATION; THE DEPARTMENT OF
HEALTH  WILL PROVIDE TECHNICAL ASSISTANCE AS NEEDED TO ASSIST THE SOCIAL
SERVICES DISTRICT IN IMPLEMENTING THE PLAN, WHICH MUST DETAIL:  HOW  THE
CITY  WILL IDENTIFY PRESCHOOL AND SCHOOL-AGED CHILDREN WHO ARE RECEIVING
PRESCHOOL AND SCHOOL SUPPORTIVE HEALTH SERVICES REIMBURSABLE  UNDER  THE
CURRENT MEDICAID STATE PLAN AND SUBMIT CLAIMS FOR REIMBURSEMENT; AND HOW
THE  PLAN  WILL  GENERATE  FIFTY MILLION DOLLARS IN STATE SAVINGS TO THE
MEDICAID PROGRAM.  SUCH PLAN MAY BE REVISED, SUBJECT TO THE  REVIEW  AND
APPROVAL  OF  THE  COMMISSIONER  OF HEALTH, AS NECESSARY TO MAINTAIN THE
INCREASED LEVEL OF CLAIMING AND TO GENERATE THE REQUIRED MEDICAID  STATE
SAVINGS IN SUBSEQUENT FISCAL YEARS; AND
  (II)  ON  OCTOBER 1, 2017 AND ANNUALLY THEREAFTER, THE COMMISSIONER OF
HEALTH DETERMINES THAT ONGOING  ACTIVITIES  UNDER  THE  APPROVED  SHARED
SAVINGS  ALLOCATION  PLAN  APPROVED PURSUANT TO SUBPARAGRAPH (I) OF THIS
PARAGRAPH ARE LIKELY TO ACHIEVE THE TARGETED DOLLAR  AMOUNT  OF  PAYABLE
MEDICAID  CLAIMS FOR PRESCHOOL AND SCHOOL SUPPORTIVE HEALTH SERVICES FOR
THE APPLICABLE FISCAL YEAR; THE SOCIAL SERVICES DISTRICT AND CITY  SHALL
PROVIDE SUCH INFORMATION AND DOCUMENTATION AS THE COMMISSIONER OF HEALTH
MAY REQUIRE IN ORDER TO MAKE SUCH DETERMINATION.
  (III)  THE NON-FEDERAL SHARE OF THE COSTS OF SERVICES FOR WHICH CLAIMS
ARE SUBMITTED AS A RESULT OF THE IMPLEMENTATION OF  THE  SHARED  SAVINGS
ALLOCATION  PLAN  ESTABLISHED  PURSUANT  TO  THIS PARAGRAPH SHALL BE THE
RESPONSIBILITY OF THE SOCIAL SERVICES DISTRICT.
  (IV) ANY REDUCTION IN THE AMOUNT DUE TO BE REIMBURSED  UNDER  SUBDIVI-
SION  (A)  OF THIS SECTION AS A RESULT OF THE OPERATION OF THIS SUBDIVI-
SION SHALL BE IN ADDITION TO ANY REDUCTION IMPOSED PURSUANT TO  SUBDIVI-
SION  (C) OF THIS SECTION OR AUTHORIZED PURSUANT TO ANY OTHER APPLICABLE
LAW.
  § 4. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2017.

                                 PART H

  Section  1. Subdivision 5 of section 168 of chapter 639 of the laws of
1996, constituting the New York Health  Care  Reform  Act  of  1996,  as
amended  by  section  1  of part B of chapter 60 of the laws of 2014, is
amended to read as follows:
  5. sections 2807-c, 2807-j, 2807-s and 2807-t  of  the  public  health
law,  as  amended  or as added by this act, shall expire on December 31,
[2017] 2020, and shall be thereafter effective only in  respect  to  any
act  done  on or before such date or action or proceeding arising out of

S. 2007                            28                            A. 3007

such act including continued collections of funds from  assessments  and
allowances  and  surcharges  established  pursuant  to  sections 2807-c,
2807-j, 2807-s and 2807-t of the public health law,  and  administration
and  distributions  of funds from pools established pursuant to sections
2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s and 2807-t of the  public
health  law  related  to  patient  services provided before December 31,
[2017] 2020, and continued expenditure of funds authorized for  programs
and grants until the exhaustion of funds therefor;
  §  2.  Subdivision  1 of section 138 of chapter 1 of the laws of 1999,
constituting the New York Health Care Reform Act of 2000, as amended  by
section  2  of  part  B of chapter 60 of the laws of 2014, is amended to
read as follows:
  1. sections 2807-c, 2807-j, 2807-s, and 2807-t of  the  public  health
law,  as  amended by this act, shall expire on December 31, [2017] 2020,
and shall be thereafter effective only in respect to any act done before
such date or action or proceeding arising  out  of  such  act  including
continued  collections  of  funds  from  assessments  and allowances and
surcharges established pursuant to sections 2807-c, 2807-j,  2807-s  and
2807-t of the public health law, and administration and distributions of
funds  from  pools  established  pursuant  to  sections  2807-c, 2807-j,
2807-k, 2807-l, 2807-m, 2807-s, 2807-t, 2807-v and 2807-w of the  public
health law, as amended or added by this act, related to patient services
provided  before  December 31, [2017] 2020, and continued expenditure of
funds authorized for programs and grants until the exhaustion  of  funds
therefor;
  §  3.  Subparagraph  (xv) of paragraph (a) of subdivision 6 of section
2807-s of the public health law, as amended by section 3 of  part  B  of
chapter 60 of the laws of 2014, is amended to read as follows:
  (xv) A gross annual statewide amount for the period January first, two
thousand fifteen through December thirty-first, two thousand [seventeen]
TWENTY, shall be one billion forty-five million dollars.
  §  4. Subparagraph (xiii) of paragraph (a) of subdivision 7 of section
2807-s of the public health law, as amended by section 4 of  part  B  of
chapter 60 of the laws of 2014, 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 [seventeen] TWENTY;
  §  5.  Subparagraphs (iv) and (v) of paragraph (a) of subdivision 9 of
section 2807-j of the public health law, as amended by section 5 of part
B of chapter 60 of the laws of 2014, are amended to read as follows:
  (iv) seven hundred sixty-five million dollars annually  of  the  funds
accumulated for the periods January first, two thousand through December
thirty-first, two thousand [sixteen] NINETEEN, and
  (v)  one hundred ninety-one million two hundred fifty thousand dollars
of the funds accumulated for the  period  January  first,  two  thousand
[seventeen]  TWENTY through March thirty-first, two thousand [seventeen]
TWENTY.
  § 6. Subdivisions 5-a and 7 of section 2807-m  of  the  public  health
law,  as  amended  by  section  9 of part B of chapter 60 of the laws of
2014, subparagraphs (iv), (v) and (vi) of paragraph (d)  of  subdivision
5-a  as  added by section 4 of part W of chapter 57 of the laws of 2015,
are amended to read as follows:
  5-a. Graduate medical education  innovations  pool.  (a)  Supplemental
distributions.  (i)  Thirty-one  million  dollars for the period January
first, two thousand eight through December  thirty-first,  two  thousand
eight,  shall  be  set  aside  and reserved by the commissioner from the

S. 2007                            29                            A. 3007

regional pools established pursuant to subdivision two of  this  section
and shall be available for distributions pursuant to subdivision five of
this  section  and in accordance with section 86-1.89 of title 10 of the
codes,  rules  and  regulations of the state of New York as in effect on
January first, two thousand eight; provided, however,  for  purposes  of
funding  the  empire  clinical research investigation program (ECRIP) in
accordance with paragraph eight of subdivision (e) and paragraph two  of
subdivision  (f)  of section 86-1.89 of title 10 of the codes, rules and
regulations of the state of New York, distributions shall be made  using
two  regions  defined as New York city and the rest of the state and the
dollar amount set forth in subparagraph (i) of paragraph two of subdivi-
sion (f) of section 86-1.89 of title 10 of the codes,  rules  and  regu-
lations  of the state of New York shall be increased from sixty thousand
dollars to seventy-five thousand dollars.
  (ii) For periods on  and  after  January  first,  two  thousand  nine,
supplemental  distributions pursuant to subdivision five of this section
and in accordance with section 86-1.89 of title 10 of the  codes,  rules
and regulations of the state of New York shall no longer be made and the
provisions  of section 86-1.89 of title 10 of the codes, rules and regu-
lations of the state of New York shall be null and void.
  (b)  Empire  clinical  research  investigator  program  (ECRIP).  Nine
million  one  hundred  twenty  thousand  dollars annually for the period
January first, two thousand  nine  through  December  thirty-first,  two
thousand  ten,  and  two million two hundred eighty thousand dollars for
the period January first, two thousand  eleven,  through  March  thirty-
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, [and] 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 WITHIN AMOUNTS APPROPRIATED FOR EACH
STATE FISCAL YEAR FOR PERIODS ON AND AFTER  APRIL  FIRST,  TWO  THOUSAND
SEVENTEEN,  shall be set aside and reserved by the commissioner from the
regional pools established pursuant to subdivision two of  this  section
to  be  allocated  regionally  with  two-thirds of the available funding
going to New York city and one-third of the available funding  going  to
the  rest  of  the  state  and  shall  be  available for distribution as
follows:
  Distributions shall first be made to consortia  and  teaching  general
hospitals  for the empire clinical research investigator program (ECRIP)
to help secure federal funding for biomedical research,  train  clinical
researchers,  recruit national leaders as faculty to act as mentors, and
train residents and fellows  in  biomedical  research  skills  based  on
hospital-specific  data  submitted  to the commissioner by consortia and
teaching general hospitals in accordance with clause (G) of this subpar-
agraph. Such distributions shall be made in accordance with the  follow-
ing methodology:
  (A)  The  greatest  number  of clinical research positions for which a
consortium or teaching general hospital may be funded pursuant  to  this
subparagraph  shall  be  one  percent  of  the total number of residents
training at the consortium or teaching general hospital on  July  first,
two  thousand  eight  for  the  period  January first, two thousand nine
through December thirty-first, two thousand nine rounded up to the near-
est one position.
  (B) Distributions made to a consortium or  teaching  general  hospital
shall  equal  the product of the total number of clinical research posi-

S. 2007                            30                            A. 3007

tions submitted  by  a  consortium  or  teaching  general  hospital  and
accepted  by the commissioner as meeting the criteria set forth in para-
graph (b) of subdivision one of this section, subject to  the  reduction
calculation  set  forth  in  clause  (C) of this subparagraph, times one
hundred ten thousand dollars.
  (C) If the dollar amount for the total  number  of  clinical  research
positions  in  the  region  calculated  pursuant  to  clause (B) of this
subparagraph exceeds the total amount appropriated for purposes of  this
paragraph,  including clinical research positions that continue from and
were funded in prior distribution periods, the commissioner shall elimi-
nate one-half of the  clinical  research  positions  submitted  by  each
consortium  or teaching general hospital rounded down to the nearest one
position. Such reduction shall be repeated until the dollar  amount  for
the  total  number of clinical research positions in the region does not
exceed the total amount appropriated for purposes of this paragraph.  If
the  repeated  reduction  of the total number of clinical research posi-
tions in the region by one-half does not render a total  funding  amount
that  is equal to or less than the total amount reserved for that region
within the appropriation, the funding for each clinical  research  posi-
tion  in  that  region  shall  be reduced proportionally in one thousand
dollar increments until the total dollar amount for the total number  of
clinical  research  positions  in  that region does not exceed the total
amount reserved for that region within the appropriation. Any  reduction
in  funding will be effective for the duration of the award. No clinical
research positions that continue from and were funded in prior  distrib-
ution periods shall be eliminated or reduced by such methodology.
  (D)  Each  consortium  or  teaching general hospital shall receive its
annual distribution amount in accordance with the following:
  (I) Each consortium or teaching general hospital with a one-year ECRIP
award  shall  receive  its  annual  distribution  amount  in  full  upon
completion of the requirements set forth in items (I) and (II) of clause
(G)  of  this subparagraph. The requirements set forth in items (IV) and
(V) of clause (G) of this subparagraph must be completed by the  consor-
tium  or teaching general hospital in order for the consortium or teach-
ing general hospital to be eligible to apply for ECRIP  funding  in  any
subsequent funding cycle.
  (II)  Each  consortium  or  teaching  general hospital with a two-year
ECRIP award shall receive its first annual distribution amount  in  full
upon  completion  of the requirements set forth in items (I) and (II) of
clause (G) of this subparagraph. Each  consortium  or  teaching  general
hospital will receive its second annual distribution amount in full upon
completion  of the requirements set forth in item (III) of clause (G) of
this subparagraph. The requirements set forth in items (IV) and  (V)  of
clause  (G)  of this subparagraph must be completed by the consortium or
teaching general hospital in order for the consortium or teaching gener-
al hospital to be eligible to apply for ECRIP funding in any  subsequent
funding cycle.
  (E)  Each  consortium  or teaching general hospital receiving distrib-
utions pursuant to this subparagraph shall reserve seventy-five thousand
dollars to primarily fund salary and fringe  benefits  of  the  clinical
research  position  with  the remainder going to fund the development of
faculty who are involved in biomedical research, training  and  clinical
care.
  (F)  Undistributed  or  returned  funds  available  to  fund  clinical
research positions pursuant to this paragraph for a distribution  period

S. 2007                            31                            A. 3007

shall  be  available to fund clinical research positions in a subsequent
distribution period.
  (G) In order to be eligible for distributions pursuant to this subpar-
agraph,  each  consortium and teaching general hospital shall provide to
the commissioner by July first of each distribution period, the  follow-
ing  data  and  information  on a hospital-specific basis. Such data and
information shall be certified as to accuracy and  completeness  by  the
chief executive officer, chief financial officer or chair of the consor-
tium  governing body of each consortium or teaching general hospital and
shall be maintained by each consortium and teaching general hospital for
five years from the date of submission:
  (I) For each clinical research  position,  information  on  the  type,
scope,  training  objectives,  institutional  support, clinical research
experience of the sponsor-mentor, plans for submitting research outcomes
to peer reviewed journals and at scientific meetings, including a  meet-
ing  sponsored by the department, the name of a principal contact person
responsible for tracking the career development of researchers placed in
clinical research positions, as defined in paragraph (c) of  subdivision
one of this section, and who is authorized to certify to the commission-
er  that  all  the requirements of the clinical research training objec-
tives set forth in this subparagraph shall be  met.  Such  certification
shall be provided by July first of each distribution period;
  (II)  For  each  clinical  research position, information on the name,
citizenship status, medical education and training, and medical  license
number  of  the researcher, if applicable, shall be provided by December
thirty-first of the calendar year following the distribution period;
  (III) Information on the status of the clinical research plan,  accom-
plishments, changes in research activities, progress, and performance of
the  researcher  shall  be  provided  upon completion of one-half of the
award term;
  (IV) A final report detailing training  experiences,  accomplishments,
activities  and  performance of the clinical researcher, and data, meth-
ods, results and  analyses  of  the  clinical  research  plan  shall  be
provided three months after the clinical research position ends; and
  (V)  Tracking  information  concerning past researchers, including but
not limited to (A) background information, (B) employment  history,  (C)
research  status,  (D) current research activities, (E) publications and
presentations, (F) research  support,  and  (G)  any  other  information
necessary to track the researcher; and
  (VI)  Any  other  data  or information required by the commissioner to
implement this subparagraph.
  (H) Notwithstanding any inconsistent provision  of  this  subdivision,
for periods on and after April first, two thousand thirteen, ECRIP grant
awards shall be made in accordance with rules and regulations promulgat-
ed by the commissioner. Such regulations shall, at a minimum:
  (1)  provide  that ECRIP grant awards shall be made with the objective
of securing federal funding for biomedical research,  training  clinical
researchers,  recruiting  national leaders as faculty to act as mentors,
and training residents and fellows in biomedical research skills;
  (2) provide that ECRIP grant applicants may include  interdisciplinary
research teams comprised of teaching general hospitals acting in collab-
oration  with  entities  including  but  not limited to medical centers,
hospitals, universities and local health departments;
  (3) provide that applications for ECRIP grant awards shall be based on
such information requested by the commissioner, which shall include  but
not be limited to hospital-specific data;

S. 2007                            32                            A. 3007

  (4)  establish  the  qualifications  for investigators and other staff
required for grant projects eligible for ECRIP grant awards; and
  (5)  establish a methodology for the distribution of funds under ECRIP
grant awards.
  (c) Ambulatory care  training.  Four  million  nine  hundred  thousand
dollars  for the period January first, two thousand eight through Decem-
ber thirty-first, two thousand eight, four million nine hundred thousand
dollars for the period January first, two thousand nine through December
thirty-first, two thousand nine,  four  million  nine  hundred  thousand
dollars  for the period January first, two thousand ten through December
thirty-first, two thousand ten,  one  million  two  hundred  twenty-five
thousand  dollars  for  the  period  January  first, two thousand eleven
through March thirty-first, two  thousand  eleven,  four  million  three
hundred  thousand  dollars  each  state fiscal year for the period April
first, two thousand eleven  through  March  thirty-first,  two  thousand
fourteen,  [and]  up  to  four million sixty thousand dollars each state
fiscal year for the period April first, two  thousand  fourteen  through
March thirty-first, two thousand seventeen, AND WITHIN AMOUNTS APPROPRI-
ATED  FOR  EACH  STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST,
TWO THOUSAND SEVENTEEN, shall be set aside and reserved by  the  commis-
sioner  from  the regional pools established pursuant to subdivision two
of this section and shall be available for distributions  to  sponsoring
institutions  to  be  directed  to  support clinical training of medical
students  and  residents  in  free-standing  ambulatory  care  settings,
including  community  health centers and private practices. Such funding
shall be allocated regionally with two-thirds of the  available  funding
going  to  New York city and one-third of the available funding going to
the rest of the state and shall  be  distributed  to  sponsoring  insti-
tutions  in each region pursuant to a request for application or request
for proposal process with preference being given  to  sponsoring  insti-
tutions  which provide training in sites located in underserved rural or
inner-city areas and those that include medical students in such  train-
ing.
  (d)  Physician  loan repayment program. One million nine hundred sixty
thousand dollars for  the  period  January  first,  two  thousand  eight
through  December  thirty-first,  two  thousand  eight, one million nine
hundred sixty thousand dollars for the period January first,  two  thou-
sand  nine through December thirty-first, two thousand nine, one million
nine hundred sixty thousand dollars for the period  January  first,  two
thousand  ten  through  December  thirty-first,  two  thousand ten, four
hundred ninety thousand dollars for the period January first, two  thou-
sand eleven through March thirty-first, two thousand eleven, one million
seven  hundred  thousand  dollars  each state fiscal year for the period
April first, two thousand eleven through March thirty-first,  two  thou-
sand  fourteen,  [and]  up  to  one  million seven hundred five thousand
dollars each state fiscal year for the period April first, two  thousand
fourteen  through March thirty-first, two thousand seventeen, AND WITHIN
AMOUNTS APPROPRIATED FOR EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER
APRIL FIRST, TWO THOUSAND SEVENTEEN, shall be set aside and reserved  by
the  commissioner from the regional pools established pursuant to subdi-
vision two of this section and shall be available for purposes of physi-
cian loan repayment in accordance with subdivision ten of this  section.
Notwithstanding  any  contrary  provision  of this section, sections one
hundred twelve and one hundred sixty-three of the state finance law,  or
any  other  contrary  provision  of law, such funding shall be allocated
regionally with one-third of available funds going to New York city  and

S. 2007                            33                            A. 3007

two-thirds  of  available funds going to the rest of the state and shall
be distributed in a manner to be determined by the commissioner  without
a competitive bid or request for proposal process as follows:
  (i) Funding shall first be awarded to repay loans of up to twenty-five
physicians  who  train  in  primary care or specialty tracks in teaching
general hospitals, and who enter and remain in primary care or specialty
practices in underserved communities, as determined by the commissioner.
  (ii) After distributions in accordance with subparagraph (i)  of  this
paragraph, all remaining funds shall be awarded to repay loans of physi-
cians  who  enter  and  remain in primary care or specialty practices in
underserved communities, as determined by  the  commissioner,  including
but  not  limited  to  physicians working in general hospitals, or other
health care facilities.
  (iii) In no case shall less than fifty percent of the funds  available
pursuant  to  this  paragraph be distributed in accordance with subpara-
graphs (i) and (ii) of this paragraph to physicians identified by gener-
al hospitals.
  (iv) In addition to the funds allocated under this paragraph, for  the
period April first, two thousand fifteen through March thirty-first, two
thousand  sixteen,  two  million  dollars  shall  be  available  for the
purposes described in subdivision ten of this section;
  (v) In addition to the funds allocated under this paragraph,  for  the
period April first, two thousand sixteen through March thirty-first, two
thousand  seventeen,  two  million  dollars  shall  be available for the
purposes described in subdivision ten of this section;
  (vi) Notwithstanding any provision of law to the contrary, and subject
to the extension of the Health Care Reform Act of 1996, sufficient funds
shall be available for the purposes described in subdivision ten of this
section in amounts necessary to fund the remaining year commitments  for
awards made pursuant to subparagraphs (iv) and (v) of this paragraph.
  (e)  Physician  practice  support.  Four million nine hundred thousand
dollars for the period January first, two thousand eight through  Decem-
ber thirty-first, two thousand eight, four million nine hundred thousand
dollars annually for the period January first, two thousand nine through
December  thirty-first,  two thousand ten, one million two hundred twen-
ty-five thousand dollars for the  period  January  first,  two  thousand
eleven  through  March  thirty-first,  two thousand eleven, four million
three hundred thousand dollars each state fiscal  year  for  the  period
April  first,  two thousand eleven through March thirty-first, two thou-
sand fourteen, [and] up to four million  three  hundred  sixty  thousand
dollars  each state fiscal year for the period April first, two thousand
fourteen through March thirty-first, two thousand seventeen, AND  WITHIN
AMOUNTS APPROPRIATED FOR EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER
APRIL  FIRST, TWO THOUSAND SEVENTEEN, shall be set aside and reserved by
the commissioner from the regional pools established pursuant to  subdi-
vision two of this section and shall be available for purposes of physi-
cian  practice  support.  Notwithstanding any contrary provision of this
section, sections one hundred twelve and one hundred sixty-three of  the
state  finance law, or any other contrary provision of law, such funding
shall be allocated regionally with one-third of available funds going to
New York city and two-thirds of available funds going to the rest of the
state and shall be distributed in a  manner  to  be  determined  by  the
commissioner  without  a competitive bid or request for proposal process
as follows:
  (i) Preference in funding shall first be accorded to teaching  general
hospitals  for  up  to  twenty-five awards, to support costs incurred by

S. 2007                            34                            A. 3007

physicians trained in primary or specialty tracks who thereafter  estab-
lish  or join practices in underserved communities, as determined by the
commissioner.
  (ii)  After  distributions in accordance with subparagraph (i) of this
paragraph, all remaining funds shall be awarded to physicians to support
the cost of establishing or joining practices  in  underserved  communi-
ties,  as  determined  by  the  commissioner, and to hospitals and other
health care providers to recruit new physicians to provide  services  in
underserved communities, as determined by the commissioner.
  (iii)  In no case shall less than fifty percent of the funds available
pursuant to this  paragraph  be  distributed  to  general  hospitals  in
accordance with subparagraphs (i) and (ii) of this paragraph.
  (e-1) Work group. For funding available pursuant to paragraphs (d) and
(e) of this subdivision:
  (i)  The  department  shall  appoint a work group from recommendations
made by associations  representing  physicians,  general  hospitals  and
other  health care facilities to develop a streamlined application proc-
ess by June first, two thousand twelve.
  (ii) Subject to available funding, applications shall be accepted on a
continuous basis. The department shall provide technical  assistance  to
applicants  to facilitate their completion of applications. An applicant
shall be notified in writing  by  the  department  within  ten  days  of
receipt  of an application as to whether the application is complete and
if the application is incomplete, what information is  outstanding.  The
department  shall act on an application within thirty days of receipt of
a complete application.
  (f) Study on physician workforce. Five hundred ninety thousand dollars
annually for the period January first, two thousand eight through Decem-
ber thirty-first, two thousand ten,  one  hundred  forty-eight  thousand
dollars  for the period January first, two thousand eleven through March
thirty-first, two thousand eleven, five hundred sixteen thousand dollars
each state fiscal year for the period April first, two  thousand  eleven
through  March  thirty-first,  two  thousand  fourteen, [and] up to four
hundred eighty-seven thousand dollars each state  fiscal  year  for  the
period  April  first,  two thousand fourteen through March thirty-first,
two thousand seventeen, AND WITHIN AMOUNTS APPROPRIATED FOR  EACH  STATE
FISCAL  YEAR  FOR  PERIODS  ON  AND  AFTER  APRIL  FIRST,  TWO  THOUSAND
SEVENTEEN, shall be set aside and reserved by the commissioner from  the
regional  pools  established pursuant to subdivision two of this section
and shall be available to fund a study of physician workforce needs  and
solutions  including,  but  not  limited  to,  an  analysis of residency
programs and projected physician  workforce  and  community  needs.  The
commissioner  shall enter into agreements with one or more organizations
to conduct such study based on a request for proposal process.
  (g) Diversity in medicine/post-baccalaureate program.  Notwithstanding
any  inconsistent provision of section one hundred twelve or one hundred
sixty-three of the state finance law or any other law, one million  nine
hundred  sixty  thousand  dollars annually for the period January first,
two thousand eight through December thirty-first, two thousand ten, four
hundred ninety thousand dollars for the period January first, two  thou-
sand eleven through March thirty-first, two thousand eleven, one million
seven  hundred  thousand  dollars  each state fiscal year for the period
April first, two thousand eleven through March thirty-first,  two  thou-
sand fourteen, [and] up to one million six hundred five thousand dollars
each state fiscal year for the period April first, two thousand fourteen
through  March  thirty-first, two thousand seventeen, AND WITHIN AMOUNTS

S. 2007                            35                            A. 3007

APPROPRIATED FOR EACH STATE FISCAL YEAR FOR PERIODS ON AND  AFTER  APRIL
FIRST,  TWO  THOUSAND  SEVENTEEN, shall be set aside and reserved by the
commissioner from the regional pools established pursuant to subdivision
two  of  this  section  and  shall be available for distributions to the
Associated Medical Schools of New York to  fund  its  diversity  program
including  existing and new post-baccalaureate programs for minority and
economically disadvantaged students and encourage participation from all
medical schools in New York. The associated medical schools of New  York
shall report to the commissioner on an annual basis regarding the use of
funds  for  such  purpose  in  such  form and manner as specified by the
commissioner.
  (h) In the event there are undistributed  funds  within  amounts  made
available for distributions pursuant to this subdivision, such funds may
be  reallocated  and  distributed  in current or subsequent distribution
periods in a manner determined by the commissioner for any  purpose  set
forth in this subdivision.
  7.  Notwithstanding  any inconsistent provision of section one hundred
twelve or one hundred sixty-three of the state finance law or any  other
law,  up  to one million dollars for the period January first, two thou-
sand through  December  thirty-first,  two  thousand,  one  million  six
hundred  thousand  dollars  annually  for the periods January first, two
thousand one through December  thirty-first,  two  thousand  eight,  one
million  five  hundred thousand dollars annually for the periods January
first, two thousand nine through  December  thirty-first,  two  thousand
ten,  three hundred seventy-five thousand dollars for the period January
first, two thousand eleven  through  March  thirty-first,  two  thousand
eleven,  one  million  three  hundred twenty thousand dollars each state
fiscal year for the period April  first,  two  thousand  eleven  through
March  thirty-first,  two  thousand  fourteen,  [and]  up to two million
seventy-seven thousand dollars each state fiscal  year  for  the  period
April first, two thousand fourteen through March thirty-first, two thou-
sand  seventeen,  AND  WITHIN AMOUNTS APPROPRIATED FOR EACH STATE FISCAL
YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND SEVENTEEN, shall
be set aside and reserved by the commissioner from  the  regional  pools
established  pursuant  to  subdivision  two of this section and shall be
available for distributions to the New York state area health  education
center  program for the purpose of expanding community-based training of
medical students. In addition, one  million  dollars  annually  for  the
period  January first, two thousand eight through December thirty-first,
two thousand ten, two hundred fifty  thousand  dollars  for  the  period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven, and eight hundred eighty thousand dollars each state fiscal
year for the period April first, two thousand eleven through March thir-
ty-first,  two thousand fourteen, shall be set aside and reserved by the
commissioner from the regional pools established pursuant to subdivision
two of this section and shall be available for distributions to the  New
York state area health education center program for the purpose of post-
secondary training of health care professionals who will achieve specif-
ic  program  outcomes  within  the  New York state area health education
center program.  The New York state area health education center program
shall report to the commissioner on an annual basis regarding the use of
funds for each purpose in such form  and  manner  as  specified  by  the
commissioner.
  §  7.  Paragraph  (a) of subdivision 12 of section 367-b of the social
services law, as amended by section 10 of part B of chapter  60  of  the
laws of 2014, is amended to read as follows:

S. 2007                            36                            A. 3007

  (a) For the purpose of regulating cash flow for general hospitals, the
department  shall develop and implement a payment methodology to provide
for timely payments for inpatient hospital services  eligible  for  case
based  payments per discharge based on diagnosis-related groups provided
during  the  period January first, nineteen hundred eighty-eight through
March thirty-first two thousand [seventeen] TWENTY,  by  such  hospitals
which elect to participate in the system.
  §  8.  Subdivision  6  of  section 2807-t of the public health law, as
amended by section 15 of part B of chapter 60 of the laws  of  2014,  is
amended to read as follows:
  6. Prospective adjustments. (a) The commissioner shall annually recon-
cile  the  sum  of  the  actual payments made to the commissioner or the
commissioner's designee for each region pursuant to section twenty-eight
hundred seven-s of this article and pursuant to  this  section  for  the
prior  year  with  the regional allocation of the gross annual statewide
amount specified in subdivision  six  of  section  twenty-eight  hundred
seven-s  of this article for such prior year. The difference between the
actual amount raised for a region and the  regional  allocation  of  the
specified  gross annual amount for such prior year shall be applied as a
prospective adjustment to the regional allocation of the specified gross
annual payment amount for such region for the year  next  following  the
calculation  of  the  reconciliation. The authorized dollar value of the
adjustments shall be the same as if calculated retrospectively.
  (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
sion,  for  covered  lives  assessment rate periods on and after January
first, two thousand fifteen through December thirty-first, two  thousand
[seventeen]  TWENTY, for amounts collected in the aggregate in excess of
one billion forty-five million dollars on an annual  basis,  prospective
adjustments  shall be suspended if the annual reconciliation calculation
from the prior year would otherwise result in a decrease to the regional
allocation of the specified gross annual payment amount for that region,
provided, however, that such suspension shall be lifted upon a  determi-
nation  by  the  commissioner,  in consultation with the director of the
budget, that sixty-five million dollars in aggregate collections  on  an
annual basis over and above one billion forty-five million dollars on an
annual  basis  have  been reserved and set aside for deposit in the HCRA
resources fund. Any amounts collected in the aggregate at or  below  one
billion  forty-five million dollars on an annual basis, shall be subject
to regional adjustments reconciling any decreases or  increases  to  the
regional  allocation  in  accordance with paragraph (a) of this subdivi-
sion.
  § 9. This act shall take effect immediately; provided, however, that:
  (a) the amendments made to sections 2807-s and 2807-j  of  the  public
health  law  made by sections three, four and five of this act shall not
affect the expiration of such sections and shall expire therewith; and
  (b) the amendments to subdivision 6 of section 2807-t  of  the  public
health  law made by section eight of this act shall not affect the expi-
ration of such section and shall be deemed to expire therewith.

                                 PART I

  Section 1. Section 11 of chapter 884 of the laws of 1990, amending the
public health law relating to authorizing  bad  debt  and  charity  care
allowances  for  certified home health agencies, as amended by section 1
of part D of chapter 57 of the laws of  2015,  is  amended  to  read  as
follows:

S. 2007                            37                            A. 3007

  § 11. This act shall take effect immediately and:
  (a) sections one and three shall expire on December 31, 1996,
  (b)  sections  four  through ten shall expire on June 30, [2017] 2020,
and
  (c) provided that the amendment to section 2807-b of the public health
law by section two of this act shall not affect the expiration  of  such
section  2807-b  as  otherwise  provided  by  law and shall be deemed to
expire therewith.
  § 2. Subdivision 4-a of section 71 of part C of chapter 60 of the laws
of 2014 amending the social services law relating to  eliminating  pres-
criber prevails for brand name drugs with generic equivalent, as amended
by  section 6 of part D of chapter 59 of the laws of 2016, is amended to
read as follows:
  4-a. section twenty-two of this act shall take effect April  1,  2014,
and shall be deemed expired January 1, [2018] 2020;
  §  3.  Subparagraph  (vi) of paragraph (b) of subdivision 2 of section
2807-d of the public health law, as amended by section 3 of  part  D  of
chapter 57 of the laws of 2015, is amended to read as follows:
  (vi)  Notwithstanding  any contrary provision of this paragraph or any
other provision of law or regulation to the  contrary,  for  residential
health care facilities the assessment shall be six percent of each resi-
dential  health care facility's gross receipts received from all patient
care services and other operating income on a cash basis for the  period
April  first,  two thousand two through March thirty-first, two thousand
three for hospital  or  health-related  services,  including  adult  day
services;  provided,  however,  that residential health care facilities'
gross receipts attributable to payments received pursuant to title XVIII
of the federal social security act (medicare) shall be excluded from the
assessment; provided, however, that for all such gross receipts received
on or after April first, two thousand three through March  thirty-first,
two  thousand  five,  such assessment shall be five percent, and further
provided that for all such gross receipts received  on  or  after  April
first,  two thousand five through March thirty-first, two thousand nine,
and on or after April first, two thousand  nine  through  March  thirty-
first,  two  thousand  eleven  such assessment shall be six percent, and
further provided that for all such gross receipts received on  or  after
April  first,  two thousand eleven through March thirty-first, two thou-
sand thirteen such assessment shall be six percent, and further provided
that for all such gross receipts received on or after April  first,  two
thousand  thirteen through March thirty-first, two thousand fifteen such
assessment shall be six percent, and further provided that for all  such
gross  receipts  received  on or after April first, two thousand fifteen
through March thirty-first, two thousand seventeen such assessment shall
be six percent, AND FURTHER PROVIDED THAT FOR ALL  SUCH  GROSS  RECEIPTS
RECEIVED  ON  OR AFTER APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY SUCH ASSESSMENT SHALL BE SIX PERCENT.
  § 4. Subdivision 1 of section 194 of chapter 474 of the laws of  1996,
amending the education law and other laws relating to rates for residen-
tial  health care facilities, as amended by section 5 of part D of chap-
ter 57 of the laws of 2015, is amended to read as follows:
  1. Notwithstanding any inconsistent provision of  law  or  regulation,
the  trend  factors  used to project reimbursable operating costs to the
rate period for purposes of determining rates  of  payment  pursuant  to
article  28 of the public health law for residential health care facili-
ties for reimbursement of inpatient services provided to patients eligi-
ble for payments made by state governmental agencies on and after  April

S. 2007                            38                            A. 3007

1,  1996  through March 31, 1999 and for payments made on and after July
1, 1999 through March 31, 2000 and on and after April  1,  2000  through
March 31, 2003 and on and after April 1, 2003 through March 31, 2007 and
on and after April 1, 2007 through March 31, 2009 and on and after April
1,  2009  through  March 31, 2011 and on and after April 1, 2011 through
March 31, 2013 and on and after April 1, 2013 through  March  31,  2015,
and  on and after April 1, 2015 through March 31, 2017, AND ON AND AFTER
APRIL 1, 2017 THROUGH MARCH 31,  2020  shall  reflect  no  trend  factor
projections  or  adjustments for the period April 1, 1996, through March
31, 1997.
  § 5. Subdivision 1 of section 89-a of part C of chapter 58 of the laws
of 2007, amending the social services law and  other  laws  relating  to
enacting  the major components of legislation necessary to implement the
health and mental hygiene budget for the 2007-2008 state fiscal year, as
amended by section 6 of part D of chapter 57 of the  laws  of  2015,  is
amended to read as follows:
  1.  Notwithstanding  paragraph (c) of subdivision 10 of section 2807-c
of the public health law and section 21 of chapter  1  of  the  laws  of
1999,  as  amended, and any other inconsistent provision of law or regu-
lation to the contrary,  in  determining  rates  of  payments  by  state
governmental agencies effective for services provided beginning April 1,
2006,  through  March  31,  2009, and on and after April 1, 2009 through
March 31, 2011, and on and after April 1, 2011 through March  31,  2013,
and  on and after April 1, 2013 through March 31, 2015, and on and after
April 1, 2015 through March 31, 2017, AND ON AND  AFTER  APRIL  1,  2017
THROUGH MARCH 31, 2020 for inpatient and outpatient services provided by
general  hospitals  and  for inpatient services and outpatient adult day
health care services provided  by  residential  health  care  facilities
pursuant  to  article  28  of the public health law, the commissioner of
health shall apply a trend factor  projection  of  two  and  twenty-five
hundredths  percent  attributable  to the period January 1, 2006 through
December 31, 2006, and on and after January 1, 2007, provided,  however,
that  on  reconciliation  of such trend factor for the period January 1,
2006 through December 31, 2006 pursuant to paragraph (c) of  subdivision
10  of  section 2807-c of the public health law, such trend factor shall
be the final US Consumer Price Index (CPI) for all urban  consumers,  as
published by the US Department of Labor, Bureau of Labor Statistics less
twenty-five hundredths of a percentage point.
  § 6. Subdivision 5-a of section 246 of chapter 81 of the laws of 1995,
amending  the  public  health  law  and  other  laws relating to medical
reimbursement and welfare reform, as amended by section 11 of part D  of
chapter 57 of the laws of 2015, is amended to read as follows:
  5-a.  Section sixty-four-a of this act shall be deemed to have been in
full force and effect on and after April 1, 1995 through March 31,  1999
and  on  and  after July 1, 1999 through March 31, 2000 and on and after
April 1, 2000 through March 31, 2003 and on  and  after  April  1,  2003
through March 31, 2007, and on and after April 1, 2007 through March 31,
2009,  and on and after April 1, 2009 through March 31, 2011, and on and
after April 1, 2011 through March 31, 2013, and on and  after  April  1,
2013  through  March  31,  2015,  and on and after April 1, 2015 through
March 31, 2017 AND ON AND AFTER APRIL 1, 2017 THROUGH MARCH 31, 2020;
  § 7. Section 64-b of chapter 81 of the  laws  of  1995,  amending  the
public  health  law and other laws relating to medical reimbursement and
welfare reform, as amended by section 12 of part D of chapter 57 of  the
laws of 2015, is amended to read as follows:

S. 2007                            39                            A. 3007

  §  64-b.  Notwithstanding  any  inconsistent  provision  of  law,  the
provisions of subdivision 7 of section 3614 of the public health law, as
amended, shall remain and be in full force and effect on April  1,  1995
through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
and after April 1, 2000 through March 31, 2003 and on and after April 1,
2003  through  March  31,  2007,  and on and after April 1, 2007 through
March 31, 2009, and on and after April 1, 2009 through March  31,  2011,
and  on and after April 1, 2011 through March 31, 2013, and on and after
April 1, 2013 through March 31, 2015, and on and  after  April  1,  2015
through  March 31, 2017 AND ON AND AFTER APRIL 1, 2017 THROUGH MARCH 31,
2020.
  § 8. Subdivision (a) of section 40 of part B of  chapter  109  of  the
laws  of  2010, amending the social services law relating to transporta-
tion costs, as amended by section 23 of part D of chapter 57 of the laws
of 2015, is amended to read as follows:
  (a) sections two, three, three-a, three-b, three-c,  three-d,  three-e
and  twenty-one  of  this  act  shall take effect July 1, 2010; sections
fifteen, sixteen, seventeen, eighteen and nineteen  of  this  act  shall
take effect January 1, 2011; and provided further that section twenty of
this  act  shall  be deemed repealed [six] NINE years after the date the
contract entered into pursuant to section 365-h of the  social  services
law,  as  amended  by  section twenty of this act, is executed; provided
that the commissioner of health shall notify the legislative bill draft-
ing commission upon the execution of the contract entered into  pursuant
to section 367-h of the social services law in order that the commission
may  maintain an accurate and timely effective data base of the official
text of the laws of the state of New York in furtherance of effectuating
the provisions of section 44 of the legislative law and section 70-b  of
the public officers law;
  §  9. 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  29
of  part  D  of  chapter  57  of the laws of 2015, 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, [2017] 2020 through March 31, [2017]  2020,  for
inpatient  and  outpatient  services  provided by general hospitals, for
inpatient  services  and  adult  day  health  care  outpatient  services
provided by residential health care facilities pursuant to article 28 of
the  public health law, except for residential health care facilities or
units of such facilities providing services primarily to children  under
twenty-one years of age, for home health care services provided pursuant
to  article  36  of the public health law by certified home health agen-
cies, long term home health care programs and AIDS home  care  programs,
and for personal care services provided pursuant to section 365-a of the
social  services  law, the commissioner of health shall apply no greater
than zero trend factors attributable to the [2017] 2020 calendar year in
accordance with paragraph (c) of subdivision 10 of section 2807-c of the
public health law, provided, however, that such  no  greater  than  zero
trend  factors attributable to such [2017] 2020 calendar year shall also
be applied to rates of payment provided on and after January  1,  [2017]
2020  through  March 31, [2017] 2020 for personal care services provided

S. 2007                            40                            A. 3007

in those local social services districts, including New York city, whose
rates of payment for such services are established by such local  social
services  districts  pursuant  to a rate-setting exemption issued by the
commissioner  of  health  to  such  local  social  services districts in
accordance with applicable regulations, and provided  further,  however,
that  for rates of payment for assisted living program services provided
on and after January 1, [2017] 2020 through March 31, [2017] 2020,  such
trend  factors  attributable  to  the [2017] 2020 calendar year shall be
established at no greater than zero percent.
  § 10. Subdivisions 3 and 5 of section 47 of chapter 2 of the  laws  of
1998,  amending the public health law and other laws relating to expand-
ing the child health insurance plan, as amended by section 61 of part  C
of chapter 60 of the laws of 2014, are amended to read as follows:
  3.  section  six  of  this  act  shall  take  effect  January 1, 1999;
provided, however, that subparagraph (iii) of paragraph (c) of  subdivi-
sion  9  of section 2510 of the public health law, as added by this act,
shall expire on July 1, [2017] 2020;
  5. section twelve of this act  shall  take  effect  January  1,  1999;
provided,  however,  paragraphs  (g) and (h) of subdivision 2 of section
2511 of the public health law, as added by such section, shall expire on
July 1, [2017] 2020;
  § 11. Section 4 of chapter 19 of the laws of 1998, amending the social
services law relating to limiting the method of payment for prescription
drugs under the medical assistance program, as amended by section 65  of
part C of chapter 60 of the laws of 2014, is amended to read as follows:
  §  4. This act shall take effect 120 days after it shall have become a
law and shall expire and be deemed repealed March 31, [2017] 2020.
  § 12. Paragraph (e-1) of subdivision 12 of section 2808 of the  public
health law, as amended by section 66 of part C of chapter 60 of the laws
of 2014, is amended to read as follows:
  (e-1) Notwithstanding any inconsistent provision of law or regulation,
the  commissioner  shall  provide,  in  addition to payments established
pursuant to this article prior to application  of  this  section,  addi-
tional  payments  under the medical assistance program pursuant to title
eleven of article five of the social services law for non-state operated
public residential health care facilities, including public  residential
health  care  facilities  located in the county of Nassau, the county of
Westchester and the county of Erie,  but  excluding  public  residential
health  care  facilities  operated by a town or city within a county, in
aggregate annual amounts of up to one hundred fifty million  dollars  in
additional payments for the state fiscal year beginning April first, two
thousand  six  and  for the state fiscal year beginning April first, two
thousand seven and for the state fiscal year beginning April first,  two
thousand eight and of up to three hundred million dollars in such aggre-
gate  annual  additional  payments  for  the state fiscal year beginning
April first, two thousand nine, and for the state fiscal year  beginning
April  first,  two  thousand ten and for the state fiscal year beginning
April first, two thousand eleven, and for the state fiscal years  begin-
ning  April  first,  two  thousand  twelve and April first, two thousand
thirteen, and of up to five hundred million dollars  in  such  aggregate
annual  additional  payments  for the state fiscal years beginning April
first, two thousand fourteen, April  first,  two  thousand  fifteen  and
April  first,  two  thousand  sixteen  AND OF UP TO FIVE HUNDRED MILLION
DOLLARS IN SUCH AGGREGATE  ANNUAL  ADDITIONAL  PAYMENTS  FOR  THE  STATE
FISCAL YEARS BEGINNING APRIL FIRST, TWO THOUSAND SEVENTEEN, APRIL FIRST,
TWO  THOUSAND  EIGHTEEN,  AND  APRIL  FIRST,  TWO THOUSAND NINETEEN. The

S. 2007                            41                            A. 3007

amount allocated to each eligible public residential health care facili-
ty for this period shall be computed in accordance with  the  provisions
of  paragraph  (f)  of this subdivision, provided, however, that patient
days  shall  be utilized for such computation reflecting actual reported
data for two thousand three and each representative succeeding  year  as
applicable,  and  provided  further, however, that, in consultation with
impacted providers, of the funds allocated for distribution in the state
fiscal year beginning April first, two thousand thirteen, up to  thirty-
two  million dollars may be allocated in accordance with paragraph (f-1)
of this subdivision.
  § 13. Section 18 of chapter 904 of the  laws  of  1984,  amending  the
public  health  law  and the social services law relating to encouraging
comprehensive health services, as amended by section 67-c of part  C  of
chapter 60 of the laws of 2014, is amended to read as follows:
  §  18.  This  act  shall take effect immediately, except that sections
six, nine, ten and eleven of this act shall take effect on the  sixtieth
day  after  it  shall  have become a law, [sections two, three, four and
nine of this act shall expire and be of no further force or effect on or
after March 31, 2017,] section two of this  act  shall  take  effect  on
April  1,  1985  or  seventy-five  days  following the submission of the
report required by section one of this  act,  whichever  is  later,  and
sections  eleven  and  thirteen  of  this  act shall expire and be of no
further force or effect on or after March 31, 1988.
  § 14. Section 4 of part X2 of chapter 62 of the laws of 2003, amending
the public health law relating to allowing for the use of funds  of  the
office  of  professional  medical  conduct for activities of the patient
health information and quality improvement act of 2000,  as  amended  by
section  4-b  of part A of chapter 57 of the laws of 2015, is amended to
read as follows:
  § 4. This  act  shall  take  effect  immediately;  provided  that  the
provisions  of  section  one of this act shall be deemed to have been in
full force and effect on and after April 1, 2003, and shall expire March
31, [2017] 2020 when upon such date the provisions of such section shall
be deemed repealed.
  § 15.  Subdivision (o) of section 111 of part H of chapter 59  of  the
laws  of  2011, amending the public health law relating to the statewide
health information network of New York and the  statewide  planning  and
research cooperative system and general powers and duties, as amended by
section  28  of  part D of chapter 57 of the laws of 2015, is amended to
read as follows:
  (o) sections thirty-eight and thirty-eight-a of this act shall  expire
and be deemed repealed March 31, [2017] 2020;
  § 16. Section 32 of part A of chapter 58 of the laws of 2008, amending
the  elder law and other laws relating to reimbursement to participating
provider pharmacies  and  prescription  drug  coverage,  as  amended  by
section  13  of  part A of chapter 57 of the laws of 2015, is amended to
read as follows:
  § 32. This act shall take effect immediately and shall  be  deemed  to
have  been in full force and effect on and after April 1, 2008; provided
however, that sections one, six-a, nineteen,  twenty,  twenty-four,  and
twenty-five of this act shall take effect July 1, 2008; provided however
that  sections  sixteen, seventeen and eighteen of this act shall expire
April 1, [2017] 2020; provided, however, that  the  amendments  made  by
section  twenty-eight  of this act shall take effect on the same date as
section 1 of chapter 281 of the laws  of  2007  takes  effect;  provided
further,  that  sections twenty-nine, thirty, and thirty-one of this act

S. 2007                            42                            A. 3007

shall take effect October 1, 2008; provided further, that section  twen-
ty-seven  of  this  act  shall take effect January 1, 2009; and provided
further, that section twenty-seven of  this  act  shall  expire  and  be
deemed  repealed  March 31, [2017] 2020; and provided, further, however,
that the amendments to subdivision 1 of section 241 of the education law
made by section twenty-nine of this act shall not affect the  expiration
of such subdivision and shall be deemed to expire therewith and provided
that  the  amendments  to  section  272 of the public health law made by
section thirty of this act shall not affect the repeal of  such  section
and shall be deemed repealed therewith.
  §  17.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2017.

                                 PART J

  Section 1. The insurance law is amended by adding a new article 29  to
read as follows:
                               ARTICLE 29
                        PHARMACY BENEFIT MANAGERS
SECTION 2901. DEFINITIONS.
        2902. ACTING WITHOUT A REGISTRATION.
        2903. REGISTRATION REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS.
        2904. REPORTING REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS.
        2905. ACTING WITHOUT A LICENSE.
        2906. LICENSING OF A PHARMACY BENEFIT MANAGER.
        2907. REVOCATION OR SUSPENSION OF A REGISTRATION OR LICENSE OF A
                PHARMACY BENEFIT MANAGER.
        2908. PENALTIES FOR VIOLATIONS.
        2909. STAY OR SUSPENSION OF SUPERINTENDENT'S DETERMINATION.
        2910. REVOKED REGISTRATIONS.
        2911. CHANGE OF ADDRESS.
        2912. ASSESSMENT.
        2913. APPLICABILITY OF OTHER LAWS.
  § 2901. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
  (A)  "CONTROLLING  PERSON"  IS ANY PERSON OR OTHER ENTITY WHO OR WHICH
DIRECTLY OR INDIRECTLY HAS THE POWER TO DIRECT OR CAUSE TO  BE  DIRECTED
THE MANAGEMENT, CONTROL OR ACTIVITIES OF A PHARMACY BENEFIT MANAGER.
  (B)  "HEALTH  INSURER"  MEANS  AN INSURANCE COMPANY AUTHORIZED IN THIS
STATE TO WRITE ACCIDENT AND HEALTH INSURANCE, A COMPANY ORGANIZED PURSU-
ANT TO ARTICLE FORTY-THREE OF  THIS  CHAPTER,  A  MUNICIPAL  COOPERATIVE
HEALTH  BENEFIT PLAN ESTABLISHED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS
CHAPTER, A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE
FORTY-FOUR OF THE PUBLIC HEALTH LAW, AN INSTITUTION OF HIGHER  EDUCATION
CERTIFIED  PURSUANT  TO  SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF
THIS CHAPTER, OR THE NEW YORK STATE HEALTH  INSURANCE  PLAN  ESTABLISHED
UNDER ARTICLE ELEVEN OF THE CIVIL SERVICE LAW.
  (C)  "PHARMACY  BENEFIT MANAGEMENT SERVICES" MEANS DIRECTLY OR THROUGH
AN INTERMEDIARY, MANAGING THE PRESCRIPTION DRUG COVERAGE PROVIDED  BY  A
HEALTH  INSURER  UNDER A POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS
STATE OR AN EMPLOYER THAT HAS ITS PRINCIPAL PLACE OF  BUSINESS  IN  THIS
STATE,  INCLUDING  THE PROCESSING AND PAYMENT OF CLAIMS FOR PRESCRIPTION
DRUGS, THE PERFORMANCE OF DRUG UTILIZATION  REVIEW,  THE  PROCESSING  OF
DRUG PRIOR AUTHORIZATION REQUESTS, THE ADJUDICATION OF APPEALS OR GRIEV-
ANCES  RELATED  TO  PRESCRIPTION DRUG COVERAGE, CONTRACTING WITH NETWORK
PHARMACIES, AND CONTROLLING THE COST OF COVERED PRESCRIPTION DRUGS.  THE
TERM  "PHARMACY  BENEFIT MANAGEMENT SERVICES" SHALL NOT INCLUDE SERVICES

S. 2007                            43                            A. 3007

PROVIDED TO A PLAN SUBJECT TO SECTION THREE HUNDRED SIXTY-FOUR-J OF  THE
SOCIAL SERVICES LAW.
  (D)  "PHARMACY  BENEFIT  MANAGER"  MEANS  A PERSON, FIRM, ASSOCIATION,
CORPORATION OR OTHER ENTITY THAT, PURSUANT TO A CONTRACT WITH  A  HEALTH
INSURER  OR AN EMPLOYER THAT HAS ITS PRINCIPAL PLACE OF BUSINESS IN THIS
STATE AND ESTABLISHES OR MAINTAINS AN EMPLOYEE BENEFIT PLAN, AS  DEFINED
BY THE FEDERAL EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, PROVIDES
PHARMACY  BENEFIT  MANAGEMENT  SERVICES,  EXCEPT  THAT  TERM  SHALL  NOT
INCLUDE:
  (1) AN OFFICER OR EMPLOYEE OF A REGISTERED OR LICENSED PHARMACY  BENE-
FIT MANAGER;
  (2) A HEALTH INSURER, OR ANY MANAGER THEREOF, INDIVIDUAL OR CORPORATE,
OR ANY OFFICER, DIRECTOR OR REGULAR SALARIED EMPLOYEE THEREOF, PROVIDING
PHARMACY  BENEFIT  MANAGEMENT SERVICES UNDER A POLICY OR CONTRACT ISSUED
BY THE HEALTH INSURER; OR
  (3) AN EMPLOYER OR ITS EMPLOYEES WITH RESPECT TO THE EMPLOYEE  BENEFIT
PLAN,  AS DEFINED BY THE FEDERAL EMPLOYEE RETIREMENT INCOME SECURITY ACT
OF 1974, ESTABLISHED OR MAINTAINED BY THE EMPLOYER.
  (E) "PRINCIPAL PLACE OF BUSINESS" MEANS THE STATE OR COUNTRY WHERE  AN
EMPLOYER  MAINTAINS ITS HEADQUARTERS AND WHERE THE EMPLOYER'S HIGH-LEVEL
OFFICERS  DIRECT,  CONTROL,  AND  COORDINATE  THE  BUSINESS  ACTIVITIES;
PROVIDED,  HOWEVER,  THAT  IF THE EMPLOYER'S HIGH-LEVEL OFFICERS DIRECT,
CONTROL, AND COORDINATE THE BUSINESS ACTIVITIES IN MORE THAN  ONE  STATE
OR  COUNTRY,  THEN  THE  STATE  OR  COUNTRY WHERE THE GREATEST NUMBER OF
EMPLOYEES ARE LOCATED.
  § 2902. ACTING WITHOUT A REGISTRATION.  (A) NO PERSON,  FIRM,  ASSOCI-
ATION, CORPORATION OR OTHER ENTITY MAY ACT AS A PHARMACY BENEFITS MANAG-
ER  PRIOR TO JANUARY FIRST, TWO THOUSAND NINETEEN WITHOUT HAVING A VALID
REGISTRATION AS A PHARMACY BENEFIT MANAGER FILED WITH THE SUPERINTENDENT
IN ACCORDANCE WITH THIS ARTICLE AND ANY REGULATIONS  PROMULGATED  THERE-
UNDER.
  (B)  PRIOR  TO JANUARY FIRST, TWO THOUSAND NINETEEN, NO HEALTH INSURER
MAY PAY ANY FEE OR OTHER COMPENSATION TO ANY PERSON, FIRM,  ASSOCIATION,
CORPORATION  OR  OTHER ENTITY FOR PERFORMING PHARMACY BENEFIT MANAGEMENT
SERVICES UNLESS THE PERSON,  FIRM,  ASSOCIATION,  CORPORATION  OR  OTHER
ENTITY  IS  REGISTERED  AS A PHARMACY BENEFIT MANAGER IN ACCORDANCE WITH
THIS ARTICLE.
  (C) ANY PERSON, FIRM, ASSOCIATION, CORPORATION OR  OTHER  ENTITY  THAT
VIOLATES  THIS  SECTION SHALL, IN ADDITION TO ANY OTHER PENALTY PROVIDED
BY LAW, BE SUBJECT TO A PENALTY OF THE  GREATER  OF:  (1)  ONE  THOUSAND
DOLLARS  FOR  THE  FIRST VIOLATION AND TWO THOUSAND FIVE HUNDRED DOLLARS
FOR EACH SUBSEQUENT VIOLATION;  OR  (2)  THE  AGGREGATE  GROSS  RECEIPTS
ATTRIBUTABLE TO ALL VIOLATIONS.
  §  2903. REGISTRATION REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS.  (A)
EVERY PHARMACY BENEFIT MANAGER THAT PERFORMS PHARMACY BENEFIT MANAGEMENT
SERVICES PRIOR TO JANUARY FIRST, TWO THOUSAND  NINETEEN  SHALL  REGISTER
WITH  THE  SUPERINTENDENT  IN A MANNER ACCEPTABLE TO THE SUPERINTENDENT,
AND SHALL PAY A FEE OF ONE THOUSAND DOLLARS FOR EACH YEAR OR FRACTION OF
A YEAR IN WHICH THE REGISTRATION SHALL BE VALID. EVERY REGISTRATION WILL
EXPIRE ON DECEMBER THIRTY-FIRST, TWO  THOUSAND  EIGHTEEN  REGARDLESS  OF
WHEN REGISTRATION WAS FIRST MADE.
  (B)  EVERY  PHARMACY  BENEFIT  MANAGER  THAT PERFORMS PHARMACY BENEFIT
MANAGEMENT SERVICES AT ANY TIME  BETWEEN  JANUARY  FIRST,  TWO  THOUSAND
SEVENTEEN  AND JUNE FIRST, TWO THOUSAND SEVENTEEN, SHALL MAKE THE REGIS-
TRATION AND FEE PAYMENT REQUIRED BY SUBSECTION (A) OF THIS SECTION ON OR
BEFORE JUNE FIRST, TWO THOUSAND SEVENTEEN.

S. 2007                            44                            A. 3007

  (C) EVERY PHARMACY BENEFIT MANAGER NOT SUBJECT TO  SUBSECTION  (B)  OF
THIS  SECTION  SHALL  MAKE  THE REGISTRATION AND FEE PAYMENT REQUIRED BY
SUBSECTION (A) OF THIS SECTION  PRIOR  TO  PERFORMING  PHARMACY  BENEFIT
MANAGEMENT SERVICES.
  (D)  EACH  PHARMACY  BENEFIT  MANAGER SHALL RENEW ITS REGISTRATION AND
MAKE THE REQUIRED FEE PAYMENT BY FEBRUARY FIRST, TWO  THOUSAND  EIGHTEEN
FOR THE TWO THOUSAND EIGHTEEN CALENDAR YEAR.
  §  2904. REPORTING REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS.  (A)(1)
ON OR BEFORE JULY FIRST OF EACH YEAR, BEGINNING IN TWO  THOUSAND  SEVEN-
TEEN, EVERY PHARMACY BENEFIT MANAGER SHALL REPORT TO THE SUPERINTENDENT,
IN A STATEMENT SUBSCRIBED AND AFFIRMED AS TRUE UNDER PENALTIES OF PERJU-
RY,  THE  INFORMATION REQUESTED BY THE SUPERINTENDENT.  SUCH INFORMATION
MAY INCLUDE, WITHOUT LIMITATION, DISCLOSURE OF ANY  FINANCIAL  INCENTIVE
OR  BENEFIT  FOR  PROMOTING THE USE OF CERTAIN DRUGS AND OTHER FINANCIAL
ARRANGEMENTS  AFFECTING  HEALTH  INSURERS  OR  THEIR  POLICYHOLDERS   OR
INSUREDS.
  (2) THE SUPERINTENDENT ALSO MAY ADDRESS TO ANY PHARMACY BENEFIT MANAG-
ER  OR ITS OFFICERS ANY INQUIRY IN RELATION TO ITS PROVISION OF PHARMACY
BENEFIT MANAGEMENT SERVICES OR ANY  MATTER  CONNECTED  THEREWITH.  EVERY
PHARMACY  BENEFIT  MANAGER OR PERSON SO ADDRESSED SHALL REPLY IN WRITING
TO SUCH INQUIRY PROMPTLY AND TRUTHFULLY, AND SUCH  REPLY  SHALL  BE,  IF
REQUIRED  BY  THE  SUPERINTENDENT,  SUBSCRIBED BY SUCH INDIVIDUAL, OR BY
SUCH OFFICER OR OFFICERS OF THE PHARMACY BENEFIT MANAGER, AS THE  SUPER-
INTENDENT SHALL DESIGNATE, AND AFFIRMED BY THEM AS TRUE UNDER THE PENAL-
TIES OF PERJURY.
  (3)  IN ADDITION TO THE OTHER REPORTS REQUIRED BY THIS SUBSECTION, THE
SUPERINTENDENT ALSO MAY REQUIRE THE FILING OF QUARTERLY OR OTHER  STATE-
MENTS, WHICH SHALL BE IN SUCH FORM AND SHALL CONTAIN SUCH MATTERS AS THE
SUPERINTENDENT SHALL PRESCRIBE.
  (B)  IN  THE  EVENT  ANY  PHARMACY  BENEFIT MANAGER OR PERSON DOES NOT
SUBMIT THE REPORT REQUIRED BY PARAGRAPH ONE OR THREE OF  SUBSECTION  (A)
OF  THIS SECTION OR DOES NOT PROVIDE A GOOD FAITH RESPONSE TO AN INQUIRY
FROM THE SUPERINTENDENT PURSUANT TO PARAGRAPH TWO OF SUBSECTION  (A)  OF
THIS SECTION WITHIN A TIME PERIOD SPECIFIED BY THE SUPERINTENDENT OF NOT
LESS  THAN  FIFTEEN  BUSINESS  DAYS, THE SUPERINTENDENT IS AUTHORIZED TO
LEVY A CIVIL PENALTY, AFTER NOTICE AND HEARING,  AGAINST  SUCH  PHARMACY
BENEFIT MANAGER OR PERSON NOT TO EXCEED FIVE HUNDRED DOLLARS PER DAY FOR
EACH  DAY BEYOND THE DATE THE REPORT IS DUE OR THE DATE SPECIFIED BY THE
SUPERINTENDENT FOR RESPONSE TO THE INQUIRY.
  (C) ALL INFORMATION DISCLOSED BY A PHARMACY BENEFIT MANAGER  SHALL  BE
DEEMED CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE UNLESS THE SUPERINTEN-
DENT  DETERMINES  THAT  SUCH DISCLOSURE IS IN THE PUBLIC INTEREST, OR IS
NECESSARY TO CARRY OUT THIS  CHAPTER  OR  TO  ALLOW  THE  DEPARTMENT  TO
PERFORM EXAMINATIONS OR INVESTIGATIONS AUTHORIZED BY LAW.
  §  2905.  ACTING WITHOUT A LICENSE.  (A) NO PERSON, FIRM, ASSOCIATION,
CORPORATION OR OTHER ENTITY MAY ACT AS A PHARMACY BENEFIT MANAGER ON  OR
AFTER  JANUARY  FIRST, TWO THOUSAND NINETEEN WITHOUT HAVING AUTHORITY TO
DO SO BY VIRTUE OF A LICENSE ISSUED IN FORCE PURSUANT TO THE  PROVISIONS
OF THIS CHAPTER.
  (B)  NO  HEALTH  INSURER  MAY PAY ANY FEE OR OTHER COMPENSATION TO ANY
PERSON, FIRM, ASSOCIATION, CORPORATION OR OTHER  ENTITY  FOR  PERFORMING
PHARMACY  BENEFIT  MANAGEMENT  SERVICES UNLESS THE PERSON, FIRM, ASSOCI-
ATION, CORPORATION OR OTHER ENTITY IS LICENSED  AS  A  PHARMACY  BENEFIT
MANAGER IN ACCORDANCE WITH THIS ARTICLE.
  (C)  ANY  PERSON,  FIRM, ASSOCIATION, CORPORATION OR OTHER ENTITY THAT
VIOLATES THIS SECTION SHALL, IN ADDITION TO ANY OTHER  PENALTY  PROVIDED

S. 2007                            45                            A. 3007

BY  LAW,  BE  SUBJECT  TO  A PENALTY OF THE GREATER OF: (1) ONE THOUSAND
DOLLARS FOR THE FIRST VIOLATION AND TWO THOUSAND  FIVE  HUNDRED  DOLLARS
FOR  EACH  SUBSEQUENT  VIOLATION;  OR  (2)  THE AGGREGATE GROSS RECEIPTS
ATTRIBUTABLE TO ALL VIOLATIONS.
  §  2906. LICENSING OF A PHARMACY BENEFIT MANAGER.  (A) THE SUPERINTEN-
DENT MAY ISSUE A PHARMACY BENEFIT MANAGER'S LICENSE TO ANY PERSON, FIRM,
ASSOCIATION OR CORPORATION WHO OR THAT HAS COMPLIED  WITH  THE  REQUIRE-
MENTS  OF  THIS CHAPTER, INCLUDING REGULATIONS PROMULGATED BY THE SUPER-
INTENDENT. THE SUPERINTENDENT  MAY  ESTABLISH,  BY  REGULATION,  MINIMUM
STANDARDS FOR THE ISSUANCE OF A LICENSE TO A PHARMACY BENEFIT MANAGER.
  (B) THE SUPERINTENDENT MAY ESTABLISH, BY REGULATION, MINIMUM STANDARDS
FOR  THE  DELIVERY  OF PHARMACY BENEFIT MANAGEMENT SERVICES. THE MINIMUM
STANDARDS ESTABLISHED UNDER THIS SUBSECTION MAY ADDRESS:
  (1) THE ELIMINATION OF CONFLICTS OF INTEREST BETWEEN PHARMACY  BENEFIT
MANAGERS  AND  HEALTH  INSURERS OR EMPLOYEE BENEFIT PLANS, AS DEFINED BY
THE FEDERAL EMPLOYEE RETIREMENT INCOME SECURITY ACT OF  1974,  FOR  WHOM
THEY PERFORM PHARMACY BENEFIT MANAGEMENT SERVICES;
  (2)  THE  ELIMINATION  OF  DECEPTIVE  PRACTICES IN CONNECTION WITH THE
PERFORMANCE OF PHARMACY BENEFIT MANAGEMENT SERVICES;
  (3) THE ELIMINATION OF ANTI-COMPETITIVE PRACTICES IN  CONNECTION  WITH
THE PERFORMANCE OF PHARMACY BENEFIT MANAGEMENT SERVICES; AND
  (4)  THE ELIMINATION OF UNFAIR CLAIMS PRACTICES IN CONNECTION WITH THE
PERFORMANCE OF PHARMACY BENEFIT MANAGEMENT SERVICES.
  (C)(1) ANY SUCH LICENSE ISSUED TO A FIRM OR ASSOCIATION SHALL  AUTHOR-
IZE  ALL  OF  THE  MEMBERS OF THE FIRM OR ASSOCIATION AND ANY DESIGNATED
EMPLOYEES TO ACT AS PHARMACY BENEFIT MANAGERS UNDER THE LICENSE, AND ALL
SUCH PERSONS SHALL BE NAMED IN THE APPLICATION AND SUPPLEMENTS THERETO.
  (2) ANY SUCH LICENSE ISSUED TO A CORPORATION SHALL  AUTHORIZE  ALL  OF
THE  OFFICERS  AND ANY DESIGNATED EMPLOYEES AND DIRECTORS THEREOF TO ACT
AS PHARMACY BENEFIT MANAGERS ON BEHALF OF SUCH CORPORATION, AND ALL SUCH
PERSONS SHALL BE NAMED IN THE APPLICATION AND SUPPLEMENTS THERETO.
  (3) FOR EACH BUSINESS ENTITY, THE OFFICER OR OFFICERS AND DIRECTOR  OR
DIRECTORS  NAMED  IN THE APPLICATION SHALL BE DESIGNATED RESPONSIBLE FOR
THE BUSINESS ENTITY'S COMPLIANCE WITH  THE  INSURANCE  LAWS,  RULES  AND
REGULATIONS OF THIS STATE.
  (D)(1)  BEFORE A PHARMACY BENEFIT MANAGER'S LICENSE SHALL BE ISSUED OR
RENEWED, THE PROSPECTIVE LICENSEE SHALL PROPERLY FILE IN THE  OFFICE  OF
THE  SUPERINTENDENT A WRITTEN APPLICATION THEREFOR IN SUCH FORM OR FORMS
AND SUPPLEMENTS THERETO AS THE SUPERINTENDENT PRESCRIBES, AND PAY A  FEE
OF  ONE  THOUSAND DOLLARS FOR EACH YEAR OR FRACTION OF A YEAR IN WHICH A
LICENSE SHALL BE VALID.
  (2) EVERY PHARMACY BENEFIT MANAGER'S  LICENSE  ISSUED  TO  A  BUSINESS
ENTITY  PURSUANT  TO  THIS  SECTION SHALL EXPIRE ON THE THIRTIETH DAY OF
NOVEMBER OF EVEN-NUMBERED YEARS. EVERY LICENSE ISSUED PURSUANT  TO  THIS
SECTION  TO  AN  INDIVIDUAL  PHARMACY BENEFIT MANAGER WHO WAS BORN IN AN
ODD-NUMBERED YEAR, SHALL EXPIRE ON THE  INDIVIDUAL'S  BIRTHDAY  IN  EACH
ODD-NUMBERED  YEAR.  EVERY LICENSE ISSUED PURSUANT TO THIS SECTION TO AN
INDIVIDUAL PHARMACY BENEFIT MANAGER WHO WAS  BORN  IN  AN  EVEN-NUMBERED
YEAR,  SHALL  EXPIRE  ON THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED
YEAR. EVERY LICENSE ISSUED PURSUANT TO THIS SECTION MAY BE  RENEWED  FOR
THE  ENSUING PERIOD OF TWENTY-FOUR MONTHS UPON THE FILING OF AN APPLICA-
TION IN CONFORMITY WITH THIS SUBSECTION.
  (E)(1) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE  BEEN  FILED
WITH  THE SUPERINTENDENT BEFORE OCTOBER FIRST OF THE YEAR OF EXPIRATION,
THEN THE LICENSE SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL  FORCE  AND
EFFECT  EITHER  UNTIL  THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL

S. 2007                            46                            A. 3007

LICENSE APPLIED FOR OR UNTIL FIVE DAYS AFTER  THE  SUPERINTENDENT  SHALL
HAVE  REFUSED  TO  ISSUE  SUCH  RENEWAL LICENSE AND GIVEN NOTICE OF SUCH
REFUSAL TO THE APPLICANT.
  (2) BEFORE REFUSING TO RENEW ANY LICENSE PURSUANT TO THIS SECTION, THE
SUPERINTENDENT SHALL NOTIFY THE APPLICANT OF THE SUPERINTENDENT'S INTEN-
TION SO TO DO AND SHALL GIVE SUCH APPLICANT A HEARING.
  (F)  THE  SUPERINTENDENT MAY REFUSE TO ISSUE A PHARMACY BENEFIT MANAG-
ER'S LICENSE IF, IN THE SUPERINTENDENT'S JUDGMENT, THE APPLICANT OR  ANY
MEMBER,  PRINCIPAL,  OFFICER OR DIRECTOR OF THE APPLICANT, IS NOT TRUST-
WORTHY AND COMPETENT TO ACT AS OR IN CONNECTION WITH A PHARMACY  BENEFIT
MANAGER,  OR THAT ANY OF THE FOREGOING HAS GIVEN CAUSE FOR REVOCATION OR
SUSPENSION OF SUCH LICENSE, OR HAS FAILED TO COMPLY WITH  ANY  PREREQUI-
SITE FOR THE ISSUANCE OF SUCH LICENSE.
  (G)  LICENSEES  UNDER  THIS SECTION SHALL BE SUBJECT TO EXAMINATION BY
THE SUPERINTENDENT AS OFTEN AS THE SUPERINTENDENT MAY DEEM IT EXPEDIENT.
THE SUPERINTENDENT MAY PROMULGATE REGULATIONS ESTABLISHING  METHODS  AND
PROCEDURES  FOR  FACILITATING AND VERIFYING COMPLIANCE WITH THE REQUIRE-
MENTS OF THIS SECTION AND SUCH OTHER REGULATIONS AS NECESSARY.
  (H) THE  SUPERINTENDENT  MAY  ISSUE  A  REPLACEMENT  FOR  A  CURRENTLY
IN-FORCE LICENSE THAT HAS BEEN LOST OR DESTROYED. BEFORE THE REPLACEMENT
LICENSE  SHALL  BE  ISSUED,  THERE SHALL BE ON FILE IN THE OFFICE OF THE
SUPERINTENDENT  A  WRITTEN  APPLICATION  FOR  THE  REPLACEMENT  LICENSE,
AFFIRMING  UNDER  PENALTY  OF PERJURY THAT THE ORIGINAL LICENSE HAS BEEN
LOST OR DESTROYED, TOGETHER WITH A FEE OF ONE HUNDRED DOLLARS.
  § 2907. REVOCATION OR SUSPENSION OF A REGISTRATION  OR  LICENSE  OF  A
PHARMACY  BENEFIT MANAGER.   (A) THE SUPERINTENDENT MAY REFUSE TO RENEW,
REVOKE, OR MAY SUSPEND FOR A PERIOD THE  SUPERINTENDENT  DETERMINES  THE
REGISTRATION OR LICENSE OF ANY PHARMACY BENEFIT MANAGER IF, AFTER NOTICE
AND HEARING, THE SUPERINTENDENT DETERMINES THAT THE REGISTRANT OR LICEN-
SEE  OR  ANY MEMBER, PRINCIPAL, OFFICER, DIRECTOR, OR CONTROLLING PERSON
OF THE REGISTRANT OR LICENSEE, HAS:
  (1) VIOLATED ANY INSURANCE LAWS, OR VIOLATED ANY REGULATION,  SUBPOENA
OR  ORDER  OF THE SUPERINTENDENT OR OF ANOTHER STATE'S INSURANCE COMMIS-
SIONER, OR HAS VIOLATED ANY LAW IN THE COURSE OF HIS OR HER DEALINGS  IN
SUCH CAPACITY;
  (2)  PROVIDED  MATERIALLY INCORRECT, MATERIALLY MISLEADING, MATERIALLY
INCOMPLETE OR MATERIALLY  UNTRUE  INFORMATION  IN  THE  REGISTRATION  OR
LICENSE APPLICATION;
  (3)  OBTAINED OR ATTEMPTED TO OBTAIN A REGISTRATION OR LICENSE THROUGH
MISREPRESENTATION OR FRAUD;
  (4)(A) USED FRAUDULENT, COERCIVE OR DISHONEST PRACTICES;
  (B) DEMONSTRATED INCOMPETENCE;
  (C) DEMONSTRATED UNTRUSTWORTHINESS; OR
  (D) DEMONSTRATED FINANCIAL IRRESPONSIBILITY IN THE CONDUCT OF BUSINESS
IN THIS STATE OR ELSEWHERE;
  (5) IMPROPERLY WITHHELD, MISAPPROPRIATED OR CONVERTED  ANY  MONIES  OR
PROPERTIES  RECEIVED  IN  THE  COURSE OF BUSINESS IN THIS STATE OR ELSE-
WHERE;
  (6) INTENTIONALLY MISREPRESENTED THE TERMS OF AN  ACTUAL  OR  PROPOSED
INSURANCE CONTRACT;
  (7) HAS BEEN CONVICTED OF A FELONY;
  (8)  ADMITTED  OR  BEEN  FOUND  TO HAVE COMMITTED ANY INSURANCE UNFAIR
TRADE PRACTICE OR FRAUD;
  (9) HAD A PHARMACY BENEFIT MANAGER REGISTRATION  OR  LICENSE,  OR  ITS
EQUIVALENT,  DENIED,  SUSPENDED OR REVOKED IN ANY OTHER STATE, PROVINCE,
DISTRICT OR TERRITORY;

S. 2007                            47                            A. 3007

  (10) FAILED TO PAY STATE INCOME TAX OR COMPLY WITH ANY  ADMINISTRATIVE
OR COURT ORDER DIRECTING PAYMENT OF STATE INCOME TAX; OR
  (11)  CEASED  TO  MEET  THE REQUIREMENTS FOR REGISTRATION OR LICENSURE
UNDER THIS ARTICLE.
  (B) BEFORE REVOKING OR SUSPENDING THE REGISTRATION OR LICENSE  OF  ANY
PHARMACY BENEFIT MANAGER PURSUANT TO THE PROVISIONS OF THIS ARTICLE, THE
SUPERINTENDENT  SHALL  GIVE  NOTICE TO THE REGISTRANT OR LICENSEE AND TO
EVERY SUB-LICENSEE AND SHALL HOLD, OR CAUSE TO BE HELD,  A  HEARING  NOT
LESS THAN TEN DAYS AFTER THE GIVING OF SUCH NOTICE.
  (C)  IF  A  REGISTRATION OR LICENSE PURSUANT TO THE PROVISIONS OF THIS
ARTICLE IS REVOKED OR SUSPENDED BY THE SUPERINTENDENT, THEN  THE  SUPER-
INTENDENT SHALL FORTHWITH GIVE NOTICE TO THE REGISTRANT OR LICENSEE.
  (D) THE REVOCATION OR SUSPENSION OF ANY REGISTRATION OR LICENSE PURSU-
ANT  TO  THE  PROVISIONS  OF THIS ARTICLE SHALL TERMINATE FORTHWITH SUCH
REGISTRATION OR LICENSE AND THE AUTHORITY  CONFERRED  THEREBY  UPON  ALL
SUB-LICENSEES.
  (E)(1) NO INDIVIDUAL, CORPORATION, FIRM OR ASSOCIATION WHOSE REGISTRA-
TION  OR LICENSE AS A PHARMACY BENEFIT MANAGER SUBJECT TO SUBSECTION (A)
OF THIS SECTION HAS BEEN REVOKED, AND NO FIRM OR  ASSOCIATION  OF  WHICH
SUCH INDIVIDUAL IS A MEMBER, AND NO CORPORATION OF WHICH SUCH INDIVIDUAL
IS  AN  OFFICER OR DIRECTOR, AND NO CONTROLLING PERSON OF THE REGISTRANT
OR LICENSEE SHALL BE ENTITLED TO  OBTAIN  ANY  REGISTRATION  OR  LICENSE
UNDER THE PROVISIONS OF THIS CHAPTER FOR A PERIOD OF ONE YEAR AFTER SUCH
REVOCATION,  OR, IF SUCH REVOCATION BE JUDICIALLY REVIEWED, FOR ONE YEAR
AFTER THE FINAL DETERMINATION THEREOF AFFIRMING THE ACTION OF THE SUPER-
INTENDENT IN REVOKING SUCH LICENSE.
  (2) IF ANY SUCH REGISTRATION OR LICENSE HELD BY A FIRM, ASSOCIATION OR
CORPORATION BE REVOKED, NO MEMBER OF SUCH FIRM  OR  ASSOCIATION  AND  NO
OFFICER OR DIRECTOR OF SUCH CORPORATION OR ANY CONTROLLING PERSON OF THE
REGISTRANT  OR  LICENSEE SHALL BE ENTITLED TO OBTAIN ANY REGISTRATION OR
LICENSE, OR TO BE NAMED AS A SUB-LICENSEE IN  ANY  SUCH  LICENSE,  UNDER
THIS  CHAPTER  FOR  THE  SAME  PERIOD OF TIME, UNLESS THE SUPERINTENDENT
DETERMINES, AFTER NOTICE AND  HEARING,  THAT  SUCH  MEMBER,  OFFICER  OR
DIRECTOR  WAS  NOT PERSONALLY AT FAULT IN THE MATTER ON ACCOUNT OF WHICH
SUCH REGISTRATION OR LICENSE WAS REVOKED.
  (F) IF ANY REGISTERED OR LICENSED  PHARMACY  BENEFIT  MANAGER  OR  ANY
PERSON AGGRIEVED SHALL FILE WITH THE SUPERINTENDENT A VERIFIED COMPLAINT
SETTING FORTH FACTS TENDING TO SHOW SUFFICIENT GROUND FOR THE REVOCATION
OR SUSPENSION OF ANY PHARMACY BENEFIT MANAGER'S REGISTRATION OR LICENSE,
THEN  THE  SUPERINTENDENT  SHALL,  AFTER NOTICE AND A HEARING, DETERMINE
WHETHER SUCH REGISTRATION OR LICENSE SHALL BE SUSPENDED OR REVOKED.
  (G) THE SUPERINTENDENT SHALL  RETAIN  THE  AUTHORITY  TO  ENFORCE  THE
PROVISIONS  OF AND IMPOSE ANY PENALTY OR REMEDY AUTHORIZED BY THIS CHAP-
TER AGAINST ANY PERSON OR ENTITY  WHO  IS  UNDER  INVESTIGATION  FOR  OR
CHARGED  WITH A VIOLATION OF THIS CHAPTER, EVEN IF THE PERSON'S OR ENTI-
TY'S REGISTRATION OR LICENSE HAS BEEN SURRENDERED, OR HAS EXPIRED OR HAS
LAPSED BY OPERATION OF LAW.
  (H) A REGISTRANT OR LICENSEE SUBJECT TO THIS ARTICLE SHALL  REPORT  TO
THE  SUPERINTENDENT  ANY  ADMINISTRATIVE ACTION TAKEN AGAINST THE REGIS-
TRANT OR LICENSEE IN ANOTHER JURISDICTION  OR  BY  ANOTHER  GOVERNMENTAL
AGENCY  IN THIS STATE WITHIN THIRTY DAYS OF THE FINAL DISPOSITION OF THE
MATTER.  THIS REPORT SHALL INCLUDE A COPY OF THE ORDER, CONSENT TO ORDER
OR OTHER RELEVANT LEGAL DOCUMENTS.
  (I) WITHIN THIRTY DAYS OF THE INITIAL PRETRIAL HEARING DATE, A  REGIS-
TRANT  OR  LICENSEE  SUBJECT  TO THIS ARTICLE SHALL REPORT TO THE SUPER-
INTENDENT ANY CRIMINAL PROSECUTION OF THE REGISTRANT OR  LICENSEE  TAKEN

S. 2007                            48                            A. 3007

IN  ANY  JURISDICTION.  THE  REPORT  SHALL INCLUDE A COPY OF THE INITIAL
COMPLAINT FILED, THE ORDER RESULTING FROM  THE  HEARING  AND  ANY  OTHER
RELEVANT LEGAL DOCUMENTS.
  §  2908. PENALTIES FOR VIOLATIONS.  (A) THE SUPERINTENDENT, IN LIEU OF
REVOKING OR SUSPENDING THE REGISTRATION OR LICENSE OF  A  REGISTRANT  OR
LICENSEE  IN  ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, MAY IN ANY
ONE PROCEEDING BY ORDER, REQUIRE THE REGISTRANT OR LICENSEE  TO  PAY  TO
THE  PEOPLE  OF  THIS STATE A PENALTY IN A SUM NOT EXCEEDING THE GREATER
OF: (1) ONE THOUSAND DOLLARS FOR EACH OFFENSE, NOT EXCEEDING TWENTY-FIVE
HUNDRED DOLLARS IN THE AGGREGATE FOR ALL OFFENSES; OR (2) THE  AGGREGATE
GROSS RECEIPTS ATTRIBUTABLE TO ALL OFFENSES.
  (B)  UPON  THE  FAILURE  OF  SUCH  A REGISTRANT OR LICENSEE TO PAY THE
PENALTY ORDERED PURSUANT TO SUBSECTION (A) OF THIS SECTION WITHIN TWENTY
DAYS AFTER THE MAILING OF THE ORDER, POSTAGE  PREPAID,  REGISTERED,  AND
ADDRESSED  TO  THE  LAST KNOWN PLACE OF BUSINESS OF THE LICENSEE, UNLESS
THE ORDER IS STAYED BY AN ORDER OF A COURT  OF  COMPETENT  JURISDICTION,
THE  SUPERINTENDENT MAY REVOKE THE REGISTRATION OR LICENSE OF THE REGIS-
TRANT OR LICENSEE OR MAY SUSPEND THE SAME FOR SUCH PERIOD AS THE  SUPER-
INTENDENT DETERMINES.
  §  2909.  STAY  OR  SUSPENSION OF SUPERINTENDENT'S DETERMINATION.  THE
COMMENCEMENT OF A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT  OF  THE  CIVIL
PRACTICE  LAW  AND  RULES, TO REVIEW THE ACTION OF THE SUPERINTENDENT IN
SUSPENDING OR REVOKING OR REFUSING TO RENEW ANY CERTIFICATE  UNDER  THIS
ARTICLE,  SHALL  STAY  SUCH ACTION OF THE SUPERINTENDENT FOR A PERIOD OF
THIRTY DAYS. SUCH STAY SHALL NOT BE EXTENDED FOR A LONGER PERIOD  UNLESS
THE  COURT  SHALL  DETERMINE,  AFTER  A PRELIMINARY HEARING OF WHICH THE
SUPERINTENDENT IS NOTIFIED FORTY-EIGHT HOURS IN ADVANCE, THAT A STAY  OF
THE  SUPERINTENDENT'S ACTION, PENDING THE FINAL DETERMINATION OR FURTHER
ORDER OF THE COURT, WILL NOT UNDULY INJURE THE INTERESTS OF  THE  PEOPLE
OF THE STATE.
  §  2910.  REVOKED REGISTRATIONS.  (A)(1) NO PERSON, FIRM, ASSOCIATION,
CORPORATION OR OTHER ENTITY SUBJECT TO THE PROVISIONS  OF  THIS  ARTICLE
WHOSE  REGISTRATION  OR  LICENSE UNDER THIS ARTICLE HAS BEEN REVOKED, OR
WHOSE REGISTRATION OR LICENSE TO ENGAGE  IN  THE  BUSINESS  OF  PHARMACY
BENEFIT  MANAGEMENT  IN ANY CAPACITY HAS BEEN REVOKED BY ANY OTHER STATE
OR TERRITORY OF THE UNITED STATES, SHALL BECOME EMPLOYED OR APPOINTED BY
A PHARMACY BENEFIT MANAGER AS AN OFFICER, DIRECTOR, MANAGER, CONTROLLING
PERSON OR FOR OTHER SERVICES, WITHOUT THE PRIOR WRITTEN APPROVAL OF  THE
SUPERINTENDENT, UNLESS SUCH SERVICES ARE FOR MAINTENANCE OR ARE CLERICAL
OR MINISTERIAL IN NATURE.
  (2)  NO PERSON, FIRM, ASSOCIATION, CORPORATION OR OTHER ENTITY SUBJECT
TO THE PROVISIONS OF THIS ARTICLE SHALL KNOWINGLY EMPLOY OR APPOINT  ANY
PERSON OR ENTITY WHOSE REGISTRATION OR LICENSE ISSUED UNDER THIS ARTICLE
HAS  BEEN  REVOKED,  OR  WHOSE  REGISTRATION OR LICENSE TO ENGAGE IN THE
BUSINESS OF PHARMACY BENEFIT MANAGEMENT IN ANY CAPACITY HAS BEEN REVOKED
BY ANY OTHER STATE OR TERRITORY OF THE UNITED  STATES,  AS  AN  OFFICER,
DIRECTOR, MANAGER, CONTROLLING PERSON OR FOR OTHER SERVICES, WITHOUT THE
PRIOR  WRITTEN  APPROVAL OF THE SUPERINTENDENT, UNLESS SUCH SERVICES ARE
FOR MAINTENANCE OR ARE CLERICAL OR MINISTERIAL IN NATURE.
  (3) NO CORPORATION OR PARTNERSHIP SUBJECT TO THE  PROVISIONS  OF  THIS
ARTICLE  SHALL KNOWINGLY PERMIT ANY PERSON WHOSE REGISTRATION OR LICENSE
ISSUED UNDER THIS ARTICLE HAS BEEN REVOKED,  OR  WHOSE  REGISTRATION  OR
LICENSE  TO ENGAGE IN THE BUSINESS OF PHARMACY BENEFIT MANAGEMENT IN ANY
CAPACITY HAS BEEN REVOKED BY ANY OTHER STATE, OR TERRITORY OF THE UNITED
STATES, TO BE A SHAREHOLDER OR HAVE AN INTEREST IN SUCH  CORPORATION  OR
PARTNERSHIP,  NOR  SHALL ANY SUCH PERSON BECOME A SHAREHOLDER OR PARTNER

S. 2007                            49                            A. 3007

IN SUCH CORPORATION OR PARTNERSHIP, WITHOUT THE PRIOR  WRITTEN  APPROVAL
OF THE SUPERINTENDENT.
  (B)  THE  SUPERINTENDENT  MAY  APPROVE  THE EMPLOYMENT, APPOINTMENT OR
PARTICIPATION OF ANY SUCH PERSON WHOSE REGISTRATION OR LICENSE HAS  BEEN
REVOKED:
  (1)  IF THE SUPERINTENDENT DETERMINES THAT THE DUTIES AND RESPONSIBIL-
ITIES OF SUCH PERSON ARE SUBJECT TO  APPROPRIATE  SUPERVISION  AND  THAT
SUCH  DUTIES  AND  RESPONSIBILITIES WILL NOT HAVE AN ADVERSE EFFECT UPON
THE PUBLIC, OTHER REGISTRANTS OR LICENSEES, OR THE REGISTRANT OR  LICEN-
SEE PROPOSING EMPLOYMENT OR APPOINTMENT OF SUCH PERSON; OR
  (2)  IF  SUCH  PERSON  HAS  FILED AN APPLICATION FOR REREGISTRATION OR
RELICENSING PURSUANT TO THIS ARTICLE AND THE APPLICATION FOR REREGISTRA-
TION OR RELICENSING HAS NOT BEEN APPROVED OR DENIED WITHIN  ONE  HUNDRED
TWENTY  DAYS  FOLLOWING  THE  FILING  THEREOF, UNLESS THE SUPERINTENDENT
DETERMINES WITHIN THE SAID TIME THAT EMPLOYMENT OR APPOINTMENT  OF  SUCH
PERSON  BY A REGISTRANT OR LICENSEE IN THE CONDUCT OF A PHARMACY BENEFIT
MANAGEMENT BUSINESS WOULD NOT BE IN THE PUBLIC INTEREST.
  (C) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE OWNERSHIP OF
SHARES OF ANY CORPORATION REGISTERED OR LICENSED PURSUANT TO THIS  ARTI-
CLE  IF  THE  SHARES OF SUCH CORPORATION ARE PUBLICLY HELD AND TRADED IN
THE OVER-THE-COUNTER MARKET OR UPON ANY NATIONAL OR REGIONAL  SECURITIES
EXCHANGE.
  §  2911. CHANGE OF ADDRESS.  A REGISTRANT OR LICENSEE UNDER THIS ARTI-
CLE SHALL INFORM THE SUPERINTENDENT BY A MEANS ACCEPTABLE TO THE  SUPER-
INTENDENT OF A CHANGE OF ADDRESS WITHIN THIRTY DAYS OF THE CHANGE.
  §  2912. ASSESSMENT.   PHARMACY BENEFIT MANAGERS THAT FILE A REGISTRA-
TION WITH THE DEPARTMENT OR ARE LICENSED  BY  THE  DEPARTMENT  SHALL  BE
ASSESSED BY THE SUPERINTENDENT FOR THE OPERATING EXPENSES OF THE DEPART-
MENT  THAT  ARE  SOLELY ATTRIBUTABLE TO REGULATING SUCH PHARMACY BENEFIT
MANAGERS IN SUCH PROPORTIONS AS THE SUPERINTENDENT SHALL DEEM  JUST  AND
REASONABLE.
  §  2913. APPLICABILITY OF OTHER LAWS. NOTHING IN THIS ARTICLE SHALL BE
CONSTRUED TO EXEMPT A PHARMACY BENEFIT MANAGER FROM COMPLYING  WITH  THE
PROVISIONS  OF  ARTICLES  TWENTY-ONE  AND FORTY-NINE OF THIS CHAPTER AND
ARTICLE FORTY-NINE OF THE PUBLIC HEALTH LAW OR ANY  OTHER  PROVISION  OF
THIS CHAPTER OR THE FINANCIAL SERVICES LAW.
  §  2.  Subsection (b) of section 2402 of the insurance law, as amended
by section 71 of part A of chapter 62 of the laws of 2011, is amended to
read as follows:
  (b) "Defined violation" means the commission by a  person  of  an  act
prohibited  by:  subsection (a) of section one thousand one hundred two,
section one thousand two hundred  fourteen,  one  thousand  two  hundred
seventeen,  one  thousand two hundred twenty, one thousand three hundred
thirteen, subparagraph (B) of paragraph two of subsection (i) of section
one thousand three hundred twenty-two, subparagraph (B) of paragraph two
of subsection (i) of section one thousand three hundred twenty-four, two
thousand one hundred two, two thousand one hundred seventeen, two  thou-
sand  one  hundred  twenty-two,  two  thousand one hundred twenty-three,
subsection (p) of section two thousand three hundred  thirteen,  section
two  thousand  three hundred twenty-four, two thousand five hundred two,
two thousand five hundred three, two thousand  five  hundred  four,  two
thousand six hundred one, two thousand six hundred two, two thousand six
hundred  three,  two thousand six hundred four, two thousand six hundred
six, two thousand seven hundred three, TWO THOUSAND  NINE  HUNDRED  TWO,
TWO  THOUSAND  NINE HUNDRED FIVE, three thousand one hundred nine, three
thousand two hundred twenty-four-a, three thousand four hundred  twenty-

S. 2007                            50                            A. 3007

nine,  three  thousand  four  hundred  thirty-three,  paragraph seven of
subsection (e) of section three thousand four hundred  twenty-six,  four
thousand two hundred twenty-four, four thousand two hundred twenty-five,
four thousand two hundred twenty-six, seven thousand eight hundred nine,
seven  thousand  eight hundred ten, seven thousand eight hundred eleven,
seven thousand eight hundred  thirteen,  seven  thousand  eight  hundred
fourteen  and  seven  thousand eight hundred fifteen of this chapter; or
section 135.60, 135.65,  175.05,  175.45,  or  190.20,  or  article  one
hundred five of the penal law.
  § 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  superintendent  of  financial  services  may repeal, amend, or
promulgate any rules and regulations necessary for the implementation of
the provisions of this act on its effective date.

                                 PART K

  Section 1. The public health law is amended by adding  a  new  section
2825-e to read as follows:
  §  2825-E.  HEALTH CARE FACILITY TRANSFORMATION PROGRAM: STATEWIDE II.
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 CREATE FINANCIALLY SUSTAINABLE SYSTEMS OF CARE OR
PRESERVE  OR  EXPAND ESSENTIAL HEALTH CARE SERVICES. 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 CAPITAL 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 WORKS OR PURPOSES THAT SUPPORT 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.    PRIORITY SHALL BE GIVEN TO PROJECTS NOT FUNDED UNDER SECTION
TWENTY-EIGHT HUNDRED TWENTY-FIVE-D OF THIS ARTICLE. PROJECTS AWARDED, IN
WHOLE OR PART, UNDER SECTIONS  TWENTY-EIGHT  HUNDRED  TWENTY-FIVE-A  AND

S. 2007                            51                            A. 3007

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 MILLION DOLLARS OF THE FUNDS APPROPRIATED FOR THIS PROGRAM
SHALL BE AWARDED WITHOUT A COMPETITIVE BID OR REQUEST FOR PROPOSAL PROC-
ESS FOR  GRANTS  TO  HEALTH  CARE  PROVIDERS  (HEREAFTER  "APPLICANTS").
PROVIDED,  HOWEVER,  THAT  A  MINIMUM OF THIRTY 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 CERTIFICATE UNDER THIS
ARTICLE; A MENTAL HEALTH CLINIC LICENSED OR GRANTED AN OPERATING CERTIF-
ICATE UNDER ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW; AN ALCOHOL AND
SUBSTANCE ABUSE  TREATMENT  CLINIC  LICENSED  OR  GRANTED  AN  OPERATING
CERTIFICATE UNDER ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW; A PRIMA-
RY  CARE PROVIDER OR A HOME CARE PROVIDER CERTIFIED OR LICENSED PURSUANT
TO ARTICLE THIRTY-SIX OF THIS  CHAPTER.  ELIGIBLE  APPLICANTS  SHALL  BE
THOSE  DEEMED BY THE COMMISSIONER TO BE A PROVIDER THAT FULFILLS OR WILL
FULFILL A HEALTH CARE NEED FOR  ACUTE  INPATIENT,  OUTPATIENT,  PRIMARY,
HOME CARE OR RESIDENTIAL HEALTH CARE SERVICES IN A COMMUNITY.
  4. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION OR ANY INCONSISTENT
PROVISION  OF  LAW TO THE CONTRARY, AND UPON APPROVAL OF THE DIRECTOR OF
THE BUDGET, THE COMMISSIONER MAY AWARD ALL OR A  PORTION  OF  THE  FUNDS
MADE  AVAILABLE  PURSUANT  TO THIS SECTION FOR UNFUNDED PROJECT APPLICA-
TIONS SUBMITTED IN RESPONSE  TO  THE  REQUEST  FOR  APPLICATIONS  NUMBER
1607010255  ISSUED  BY  THE  DEPARTMENT  ON JULY TWENTIETH, TWO THOUSAND
SIXTEEN PURSUANT TO SECTION TWENTY-EIGHT HUNDRED TWENTY-FIVE-D  OF  THIS
ARTICLE,  PROVIDED  HOWEVER  THAT THE PROVISIONS OF SUBDIVISION THREE OF
THIS SECTION SHALL APPLY. THE COMMISSIONER SHALL NOTIFY THE CHAIR OF THE
SENATE FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY  WAYS  AND  MEANS
COMMITTEE  NO LATER THAN THIRTY DAYS PRIOR TO AWARDING FUNDS PURSUANT TO
THIS SUBDIVISION.
  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) CONSIDERATION OF 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 THAT 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.

S. 2007                            52                            A. 3007

  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 HEALTH
AND ASSEMBLY HEALTH COMMITTEES. 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 FIVE 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, 2017.

                                 PART L

  Section  1.  The  public health law is amended by adding a new article
29-H to read as follows:
                              ARTICLE 29-H
                  HEALTH CARE REGULATION MODERNIZATION
SECTION 2999-EE. HEALTH CARE REGULATION MODERNIZATION TEAM.
  § 2999-EE. HEALTH CARE REGULATION MODERNIZATION TEAM. 1. A HEALTH CARE
REGULATION MODERNIZATION TEAM IS HEREBY CREATED  WITHIN  THE  DEPARTMENT
FOR  THE  PURPOSE OF PROVIDING GUIDANCE FOR, AND ADVICE TO, THE GOVERNOR
TOWARD A FUNDAMENTAL RESTRUCTURING OF THE STATUTES, POLICIES  AND  REGU-
LATIONS  THAT  GOVERN THE LICENSURE AND OVERSIGHT OF HEALTH CARE FACILI-
TIES AND HOME CARE TO BETTER ALIGN WITH RECENT AND  ONGOING  CHANGES  IN
THE  HEALTH  CARE DELIVERY SYSTEM THAT ARE DESIGNED TO INCREASE QUALITY,
REDUCE COSTS AND IMPROVE HEALTH OUTCOMES.
  2. DEFINITIONS. FOR THE PURPOSE OF THIS ARTICLE,  UNLESS  THE  CONTEXT
CLEARLY REQUIRES OTHERWISE:
  (A)  "STATE  AGENCY"  OR "AGENCY" SHALL MEAN ANY STATE AGENCY, DEPART-
MENT, OFFICE, BOARD, BUREAU, DIVISION, COMMITTEE, COUNCIL OR OFFICE.
  (B) "PUBLIC AUTHORITY" OR "AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR
PUBLIC BENEFIT CORPORATION CREATED BY OR EXISTING  UNDER  ANY  NEW  YORK
STATE LAW, WITH ONE OR MORE OF ITS MEMBERS APPOINTED BY THE GOVERNOR, OR
WHO  SERVE  AS  MEMBERS  BY VIRTUE OF HOLDING A CIVIL OFFICE OF NEW YORK
STATE, OTHER THAN AN INTERSTATE OR  INTERNATIONAL  AUTHORITY  OR  PUBLIC
BENEFIT  CORPORATION,  AND  INCLUDING  ANY  SUBSIDIARIES  OF SUCH PUBLIC
AUTHORITY OR PUBLIC BENEFIT CORPORATION.
  (C) "STATE OFFICER OR  EMPLOYEE"  SHALL  HAVE  THE  MEANING  GIVEN  IN
SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW.
  (D) "PUBLIC HEALTH AND HEALTH PLANNING COUNCIL" SHALL HAVE THE MEANING
GIVEN IN SECTION TWO HUNDRED TWENTY OF THIS CHAPTER.
  3.  (A) THE GOVERNOR SHALL APPOINT UP TO TWENTY-FIVE VOTING MEMBERS OF
THE HEALTH CARE REGULATION MODERNIZATION TEAM. THE MEMBERS OF THE HEALTH
CARE REGULATION MODERNIZATION TEAM  SHALL  INCLUDE:  STATE  OFFICERS  OR
EMPLOYEES  WITH RELEVANT EXPERTISE; THE CHAIR AND CO-CHAIR OF THE PUBLIC
HEALTH AND HEALTH PLANNING COUNCIL; TWO MEMBERS OF THE  NEW  YORK  STATE
ASSEMBLY,  ONE RECOMMENDED BY THE SPEAKER OF THE ASSEMBLY AND ONE RECOM-
MENDED BY THE MINORITY LEADER OF THE ASSEMBLY, OR THEIR REPRESENTATIVES;
TWO MEMBERS OF THE NEW YORK STATE SENATE, ONE RECOMMENDED BY THE  TEMPO-

S. 2007                            53                            A. 3007

RARY  PRESIDENT OF THE SENATE AND ONE RECOMMENDED BY THE MINORITY LEADER
OF THE SENATE, OR THEIR REPRESENTATIVES; AND STAKEHOLDERS WITH EXPERTISE
IN AREAS, INCLUDING BUT NOT LIMITED TO: INPATIENT AND OUTPATIENT  HEALTH
CARE DELIVERY; BEHAVIORAL HEALTH CARE DELIVERY; HOME HEALTH CARE; COMMU-
NITY  BASED ORGANIZATIONS; HEALTH CARE INSURANCE; HEALTH CARE WORKFORCE;
HEALTH CARE FACILITY DESIGN AND CONSTRUCTION; CONSUMER RIGHTS; AND OTHER
RELEVANT AREAS.
  (B) VACANCIES SHALL BE FILLED BY THE GOVERNOR, AND  THE  GOVERNOR  MAY
APPOINT  ADDITIONAL  VOTING  AND  NON-VOTING  MEMBERS TO THE HEALTH CARE
REGULATION MODERNIZATION TEAM AS NECESSARY.
  (C) MEMBERS OF THE TEAM SHALL SERVE AT THE PLEASURE OF THE GOVERNOR.
  (D) THE GOVERNOR SHALL DESIGNATE A CHAIR OR CO-CHAIRS FROM  AMONG  THE
MEMBERS OF THE HEALTH CARE REGULATION MODERNIZATION TEAM.
  (E)  THE GOVERNOR SHALL APPOINT A STATE OFFICER OR EMPLOYEE WITH RELE-
VANT EXPERIENCE AS EXECUTIVE DIRECTOR  OF  THE  HEALTH  CARE  REGULATION
MODERNIZATION TEAM.
  (F)  A  MAJORITY  OF  THE  TOTAL MEMBERS OF THE HEALTH CARE REGULATION
MODERNIZATION TEAM WHO HAVE BEEN APPOINTED SHALL  CONSTITUTE  A  QUORUM,
AND ALL RECOMMENDATIONS OF THE HEALTH CARE REGULATION MODERNIZATION TEAM
SHALL REQUIRE APPROVAL OF A MAJORITY OF ITS TOTAL MEMBERS.
  (G)  THE  HEALTH  CARE  REGULATION MODERNIZATION TEAM SHALL ATTEMPT TO
ENGAGE AND SOLICIT THE INPUT OF A BROAD AND  DIVERSE  RANGE  OF  GROUPS,
ORGANIZATIONS AND INDIVIDUALS.
  4.  EVERY  AGENCY  OR  AUTHORITY  OF  NEW YORK STATE SHALL PROVIDE THE
HEALTH CARE REGULATION MODERNIZATION TEAM WITH  ASSISTANCE  AND  COOPER-
ATION  WHICH  MAY  BE  NECESSARY OR DESIRABLE TO FULFILL THE PURPOSES OF
THIS ARTICLE, INCLUDING THE USE OF  NEW  YORK  STATE  FACILITIES.  STAFF
SUPPORT NECESSARY FOR THE CONDUCT OF THE WORK OF THE HEALTH CARE MODERN-
IZATION  TEAM  MAY  BE FURNISHED BY AGENCIES AND AUTHORITIES, SUBJECT TO
THE APPROVAL OF THE BOARDS OF DIRECTORS OF SUCH AUTHORITIES.
  5. THE HEALTH CARE REGULATION MODERNIZATION TEAM SHALL DELIBERATE  AND
ENGAGE HEALTH CARE INDUSTRY STAKEHOLDERS FOR THE PURPOSE OF CONDUCTING A
COMPREHENSIVE  REVIEW  OF  AND MAKING RECOMMENDATIONS TO ADDRESS MATTERS
THAT MAY INCLUDE, BUT ARE NOT LIMITED TO:
  (A) STREAMLINING STATE AGENCY CERTIFICATE OF NEED AND OTHER  LICENSURE
OR  CONSTRUCTION APPROVAL PROCESSES TO SUPPORT SYSTEM-LEVEL PLANNING AND
RESTRUCTURING  ACTIVITIES,  INCLUDING  REVIEWING  THE  APPLICABILITY  OF
CURRENT  HEALTH  CARE  SERVICE  AND  FACILITY  NEED METHODOLOGIES IN THE
CONTEXT OF ONGOING CHANGES IN THE HEALTH CARE SYSTEM DELIVERY SYSTEM;
  (B) IDENTIFYING, STREAMLINING, AND ALIGNING STATUTES, REGULATIONS  AND
POLICES  WHERE  THERE  IS  DUPLICATION  AND INCONSISTENCY IN FEDERAL AND
STATE STANDARDS FOR PHYSICAL ENVIRONMENT, QUALITY OF  CARE,  INFORMATION
TECHNOLOGY, REPORTING, SURVEILLANCE, AND LICENSURE;
  (C)  CREATING  MORE  FLEXIBLE RULES ON LICENSING AND SCOPE OF PRACTICE
FOR CLINICIANS AND CAREGIVERS, WHICH  SHALL  BE  CONSIDERED  IN  COLLAB-
ORATION  WITH  THE  WORKFORCE  WORKGROUP  CONVENED  BY THE DEPARTMENT IN
RELATION TO THE STATE HEALTH INNOVATION PLAN  AND  THE  DELIVERY  SYSTEM
REFORM INCENTIVE PAYMENT PROGRAM;
  (D) STREAMLINING AND SIMPLIFYING THE PROVISION OF PRIMARY CARE, MENTAL
HEALTH  AND  SUBSTANCE  USE  DISORDER  SERVICES  IN AN INTEGRATED CLINIC
SETTING;
  (E) INTEGRATING, STANDARDIZING AND  INCREASING  FLEXIBILITY  OF  STATE
AGENCY REGULATIONS GOVERNING THE DELIVERY OF AND REIMBURSEMENT FOR TELE-
HEALTH PROGRAMS;
  (F) ALLOWING MORE FLEXIBLE USE OF OBSERVATION BEDS, AMBULATORY SURGERY
CENTERS,  DIAGNOSTIC  AND  TREATMENT  CENTERS,  NURSING  HOMES, ASSISTED

S. 2007                            54                            A. 3007

LIVING, HOME HEALTH CARE, OFF CAMPUS  EMERGENCY  DEPARTMENTS,  COMMUNITY
PARAMEDICINE AND OTHER MODELS OF DELIVERING HEALTH CARE SERVICES;
  (G)  MODERNIZING  THE LICENSING AND REGULATION OF SERVICES PROVIDED IN
THE HOME, INCLUDING HOME CARE, CARE MANAGEMENT  AND  OTHER  SERVICES  TO
BETTER SUPPORT THE ADOPTION OF NEW MODELS OF CARE;
  (H)  ALIGNING  CARE  MODELS  AROUND  HOME AND COMMUNITY BASED SERVICES
CONSISTENT WITH THE REPORT ISSUED BY THE OLMSTEAD DEVELOPMENT AND IMPLE-
MENTATION CABINET;
  (I) EXPLORING CIRCUMSTANCES WHERE  STATEWIDE  REGULATORY  REQUIREMENTS
MAY  NOT  BE  APPROPRIATE  FOR  REGIONS  OR COMMUNITIES CHARACTERIZED BY
ISOLATION, POVERTY, OR OTHER FACTORS IMPACTING ACCESS;
  (J) CALIBRATING FACILITY AND HOME CARE INSPECTIONS AND  THE  SCOPE  OF
CERTIFICATE OF NEED REVIEWS BASED ON PROVIDER PERFORMANCE ON QUALITY AND
OTHER OUTCOME METRICS;
  (K)  INCREASING  THE  OPPORTUNITIES  FOR PUBLIC NOTIFICATION, CONSUMER
EDUCATION AND COMMUNITY  ENGAGEMENT  PRIOR  TO  MAJOR  COMMUNITY  HEALTH
SYSTEM CHANGES;
  (L)  EVALUATING  WHERE  CHANGES  IN STATUTE, REGULATION AND POLICY CAN
SUPPORT TIMELY AND EFFECTIVE EMERGENCY MEDICAL SERVICES AND PRE-HOSPITAL
CARE THROUGHOUT THE STATE; AND
  (M) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE PERMANENT CHANG-
ES IN STATUTE OR REGULATION MAY NOT YET BE APPROPRIATE, AUTHORIZING  THE
COMMISSIONER, THE COMMISSIONER OF MENTAL HEALTH, AND THE COMMISSIONER OF
THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES TO IMPLEMENT TIME-
LIMITED  DEMONSTRATION  PROGRAMS TO TEST AND EVALUATE NEW AND INNOVATIVE
PROCEDURES AND PROCESSES FOR ORGANIZING, FINANCING AND DELIVERING HEALTH
CARE SERVICES THAT ARE NOT PERMISSIBLE UNDER CURRENT  STATUTE  OR  REGU-
LATION, PROVIDED THAT NO SUCH DEMONSTRATION PROGRAM SHALL BE IMPLEMENTED
WITHOUT PRIOR PUBLIC NOTICE AND A THIRTY DAY PERIOD OF COMMENT.
  6.  AT THE DIRECTION OF THE HEALTH CARE REGULATION MODERNIZATION TEAM,
THE EXECUTIVE DIRECTOR SHALL NOTIFY STAKEHOLDERS OF THE PURPOSES OF  THE
HEALTH  CARE REGULATION MODERNIZATION TEAM, THE OPPORTUNITIES FOR STAKE-
HOLDER PARTICIPATION AND THE MEANS AND SCHEDULE FOR SUCH  PARTICIPATION.
MEETINGS  WITH  STAKEHOLDERS  SHALL  BE  HELD  IN VARIOUS REGIONS OF THE
STATE. PARTICIPATING STAKEHOLDERS MAY BE ASSIGNED  TO  SPECIFIC  WORKING
GROUPS, CONSISTENT WITH THEIR AREAS OF EXPERTISE AND INTEREST.
  7.  THE  HEALTH  CARE REGULATION MODERNIZATION TEAM SHALL COMMENCE ITS
WORK NO LATER THAN JULY FIRST, TWO THOUSAND SEVENTEEN AND SHALL SUBMIT A
REPORT TO THE GOVERNOR OF ITS FINDINGS AND RECOMMENDATIONS NO LATER THAN
DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN. A  COPY  OF  SUCH  REPORT
SHALL  BE  PROVIDED  TO THE CHAIR OF THE SENATE HEALTH COMMITTEE AND THE
CHAIR OF THE ASSEMBLY HEALTH COMMITTEE.
  8. NO LATER THAN JANUARY  THIRTY-FIRST,  TWO  THOUSAND  EIGHTEEN,  THE
COMMISSIONER  SHALL  RECOMMEND  TO  THE GOVERNOR WHETHER THE HEALTH CARE
REGULATION MODERNIZATION TEAM SHOULD CONTINUE OR  TERMINATE  ITS  DUTIES
AND RESPONSIBILITIES PURSUANT TO THIS ARTICLE.
  §  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2017.

                                 PART M

  Section 1. This act shall be known and may be cited as  the  "Emerging
Contaminant Monitoring Act."
  §  2. The public health law is amended by adding a new section 1112 to
read as follows:

S. 2007                            55                            A. 3007

  § 1112. EMERGING CONTAMINANT MONITORING. 1. INDUSTRY AND MODERN  TECH-
NOLOGY  HAVE CREATED THOUSANDS OF NEW CHEMICALS THAT WOULD NOT OTHERWISE
EXIST IN NATURE. ALTHOUGH SOME OF THESE CHEMICALS HAVE PROVEN  BENEFITS,
THE  EFFECT  OF  MANY  SUCH  CHEMICALS ON HUMAN HEALTH IS UNKNOWN OR NOT
FULLY UNDERSTOOD. FURTHERMORE, WITH THE ADVANCE OF SCIENCE AND TECHNOLO-
GY,  PUBLIC HEALTH SCIENTISTS AND EXPERTS ARE ABLE TO IDENTIFY NATURALLY
OCCURRING CONTAMINANTS THAT POSE PREVIOUSLY  UNKNOWN  HAZARDS  TO  HUMAN
HEALTH.  WHERE THESE CHEMICALS OR CONTAMINANTS, COLLECTIVELY REFERRED TO
AS "EMERGING CONTAMINANTS," ENTER  DRINKING  WATER  SUPPLIES,  THEY  CAN
PRESENT  UNKNOWN  BUT  POTENTIALLY  SERIOUS RISKS TO PUBLIC HEALTH.  NEW
YORKERS SERVED BY PUBLIC WATER SUPPLIES HAVE  THE  RIGHT  TO  KNOW  WHEN
POTENTIALLY  HAZARDOUS  SUBSTANCES  CONTAMINATE THEIR DRINKING WATER AND
THE DEPARTMENT MUST BE EQUIPPED TO MONITOR AND PROTECT THE  PUBLIC  FROM
THESE EMERGING CONTAMINANTS.
  2.  A.  "EMERGING  CONTAMINANTS"  SHALL  MEAN  ANY PHYSICAL, CHEMICAL,
MICROBIOLOGICAL OR RADIOLOGICAL SUBSTANCE LISTED AS AN EMERGING  CONTAM-
INANT PURSUANT TO  SUBDIVISION THREE OF THIS SECTION.
  B.  "NOTIFICATION  LEVEL" MEANS THE CONCENTRATION LEVEL OF AN EMERGING
CONTAMINANT IN DRINKING WATER  THAT  THE  COMMISSIONER  HAS  DETERMINED,
BASED  ON AVAILABLE SCIENTIFIC INFORMATION, WARRANTS PUBLIC NOTIFICATION
PURSUANT TO THIS SECTION.
  C. "COVERED PUBLIC WATER SYSTEM" SHALL MEAN A  COMMUNITY  OR  NONTRAN-
SIENT NONCOMMUNITY WATER SYSTEM, AS DEFINED IN THE STATE SANITARY CODE.
  3.  THE COMMISSIONER SHALL PROMULGATE REGULATIONS THAT LIST SUBSTANCES
IDENTIFIED AS EMERGING CONTAMINANTS THAT MEET THE FOLLOWING CRITERIA:
  A. ARE NOT SUBJECT TO  ANY  OTHER  SUBSTANCE-SPECIFIC  DRINKING  WATER
REGULATION  OF  THE  DEPARTMENT  THAT  ESTABLISHES A MAXIMUM CONTAMINANT
LEVEL OR OTHER THRESHOLD CONCENTRATION;
  B. ARE KNOWN OR ANTICIPATED TO OCCUR IN PUBLIC WATER SYSTEMS; AND
  C. BECAUSE OF THEIR QUANTITY, CONCENTRATION, OR PHYSICAL, CHEMICAL  OR
INFECTIOUS  CHARACTERISTICS,  MAY  CAUSE  PHYSICAL INJURY OR ILLNESS, OR
OTHERWISE POSE A POTENTIAL HAZARD TO HUMAN HEALTH WHEN PRESENT IN DRINK-
ING WATER.
  4. EVERY COVERED PUBLIC WATER SYSTEM SHALL TEST DRINKING WATER FOR THE
PRESENCE OF EMERGING CONTAMINANTS IN THE STATE AND UNREGULATED  CONTAMI-
NENTS  MONITORED  UNDER  THE  FEDERAL SAFE DRINKING WATER ACT AS AMENDED
FROM TIME TO TIME, AT LEAST ONCE EVERY THREE YEARS AS DETERMINED BY  THE
DEPARTMENT.
  5.  EVERY  TEST  CONDUCTED  IN  ACCORDANCE  WITH THIS SECTION SHALL BE
CONDUCTED BY A  LABORATORY  CERTIFIED  BY  THE  DEPARTMENT  PURSUANT  TO
SECTION FIVE HUNDRED TWO OF THIS CHAPTER. LABORATORIES SHALL SUBMIT SUCH
RESULTS TO THE DEPARTMENT ELECTRONICALLY IN THE MANNER PRESCRIBED PURSU-
ANT TO SECTION FIVE HUNDRED TWO OF THIS CHAPTER.
  6.  THE COMMISSIONER MAY PROMULGATE REGULATIONS ESTABLISHING NOTIFICA-
TION LEVELS FOR ANY EMERGING CONTAMINANT LISTED PURSUANT TO  SUBDIVISION
THREE OF THIS SECTION.
  7.  THE  COMMISSIONER MAY, BY DECLARATION, ADD ANY PHYSICAL, CHEMICAL,
MICROBIOLOGICAL OR  RADIOLOGICAL  SUBSTANCE  TO  THE  LIST  OF  EMERGING
CONTAMINANTS  ESTABLISHED PURSUANT TO SUBDIVISION THREE OF THIS SECTION,
OR ESTABLISH A NOTIFICATION LEVEL FOR SUCH SUBSTANCE, IF THE COMMISSION-
ER DETERMINES THAT SUCH SUBSTANCE POSES OR HAS THE POTENTIAL TO  POSE  A
HAZARD TO HUMAN HEALTH WHEN PRESENT IN DRINKING WATER, PROVIDED THAT THE
COMMISSIONER MUST PROMULGATE REGULATIONS ADDING THE NEW EMERGING CONTAM-
INANT  OR  ESTABLISHING  SUCH NOTIFICATION LEVEL WITHIN ONE YEAR OF SUCH
DECLARATION.

S. 2007                            56                            A. 3007

  8. WHENEVER A COVERED PUBLIC WATER SYSTEM DETERMINES OR IS ADVISED  BY
THE  STATE THAT ONE OR MORE EMERGING CONTAMINANTS IS PRESENT IN DRINKING
WATER AT CONCENTRATIONS ABOVE A NOTIFICATION LEVEL ESTABLISHED  PURSUANT
TO THIS SECTION:
  A.  THE  COVERED  PUBLIC  WATER  SYSTEM SHALL NOTIFY THE STATE AND ALL
OWNERS OF REAL PROPERTY SERVED BY THE COVERED PUBLIC WATER SYSTEM  IN  A
TIME AND MANNER TO BE PRESCRIBED BY THE DEPARTMENT; AND
  B.  THE  COMMISSIONER MAY REQUIRE THAT THE COVERED PUBLIC WATER SYSTEM
TAKE SUCH ACTIONS AS MAY BE APPROPRIATE TO REDUCE EXPOSURE  TO  EMERGING
CONTAMINANTS.
  9.  ANY OWNER OF REAL PROPERTY, INCLUDING ANY OWNER'S AGENT, TO WHOM A
COVERED PUBLIC WATER SYSTEM HAS PROVIDED NOTIFICATION OF THE  EXCEEDANCE
OF  A NOTIFICATION LEVEL ESTABLISHED PURSUANT TO SUBDIVISION SIX OF THIS
SECTION, SHALL TAKE ALL REASONABLE AND NECESSARY STEPS TO PROVIDE, WITH-
IN TEN DAYS, ANY TENANTS WITH COPIES OF THE NOTIFICATION PROVIDED BY THE
COVERED PUBLIC WATER SYSTEM.
  10. THE COMMISSIONER MAY PROMULGATE REGULATIONS PURSUANT TO WHICH  THE
DEPARTMENT  MAY  PROVIDE  FINANCIAL  ASSISTANCE  FOR COMPLIANCE WITH THE
TESTING REQUIREMENTS OF THIS SECTION, TO ANY COVERED PUBLIC WATER SYSTEM
UPON A SHOWING THAT THE COSTS ASSOCIATED WITH TESTING DRINKING WATER  IN
COMPLIANCE  WITH  THIS  SECTION  WOULD  IMPOSE AN UNREASONABLE FINANCIAL
HARDSHIP.
  § 3. Section 502 of the public health law is amended by adding  a  new
subdivision 10 to read as follows:
  10.  THE  DEPARTMENT MAY REQUIRE AN ENVIRONMENTAL LABORATORY TO REPORT
LABORATORY TEST RESULTS TO THE DEPARTMENT, OR  TO  ANY  FULL-TIME  CITY,
COUNTY   OR  PART-COUNTY  HEALTH  DEPARTMENT  IN  AN  ELECTRONIC  MANNER
PRESCRIBED BY THE DEPARTMENT.
  § 4. This act shall take effect immediately.

                                 PART N

  Section 1. This act shall be known and may be cited as  the  "residen-
tial well testing act".
  §  2. The public health law is amended by adding a new section 1111 to
read as follows:
  § 1111. TESTING OF INDIVIDUAL ONSITE WATER SUPPLY SYSTEMS.  1. A.  THE
COMMISSIONER SHALL PROMULGATE REGULATIONS ESTABLISHING STANDARDS FOR THE
TESTING  OF  NEW  OR EXISTING INDIVIDUAL ONSITE WATER SUPPLY SYSTEMS FOR
CHARACTERISTICS AND CONTAMINANTS, INCLUDING LISTING THE  CHARACTERISTICS
AND CONTAMINANTS THAT EACH INDIVIDUAL ONSITE WATER SUPPLY SHALL BE TEST-
ED  FOR.  SUCH REGULATIONS MAY REQUIRE ADDITIONAL TESTING, LIMIT TESTING
OR EXCLUDE FROM TESTING A CHARACTERISTIC OR  CONTAMINANT  ON  A  COUNTY,
REGIONAL OR LOCAL BASIS IF THE COMMISSIONER DETERMINES THAT SUCH CHARAC-
TERISTIC OR CONTAMINANT IS SIGNIFICANT OR NOT SIGNIFICANT IN THAT AREA.
  B.  THE  COMMISSIONER  MAY,  BY DECLARATION, ADD ANY CHARACTERISTIC OR
CONTAMINANT TO THE LIST PROMULGATED PURSUANT  TO  PARAGRAPH  A  OF  THIS
SUBDIVISION, PROVIDED THAT THE COMMISSIONER SHALL PROMULGATE REGULATIONS
ADDING SUCH CHARACTERISTIC OR CONTAMINANT WITHIN ONE YEAR OF SUCH DECLA-
RATION.
  2.  A.  ANY  REAL ESTATE PURCHASE CONTRACT FOR THE SALE OF RESIDENTIAL
REAL PROPERTY, AS DEFINED IN SECTION FOUR HUNDRED SIXTY-ONE OF THE  REAL
PROPERTY  LAW,  WHICH  IS  SERVED  BY  AN INDIVIDUAL ONSITE WATER SUPPLY
SYSTEM, SHALL INCLUDE A PROVISION REQUIRING, PRIOR TO AND AS A CONDITION
OF SALE, THE TESTING OF SUCH INDIVIDUAL ONSITE WATER SUPPLY SYSTEM IN  A
MANNER  THAT  MEETS OR EXCEEDS THE STANDARDS PRESCRIBED PURSUANT TO THIS

S. 2007                            57                            A. 3007

SECTION. THIS SECTION SHALL  NOT  APPLY  TO  PUBLIC  WATER  SYSTEMS,  AS
DEFINED IN REGULATIONS PROMULGATED BY THE DEPARTMENT.
  B.  WITHIN  ONE  YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, AND AT
LEAST ONCE EVERY FIVE YEARS THEREAFTER, THE LESSOR  OF  ANY  RESIDENTIAL
REAL  PROPERTY  WHICH  IS  SERVED  BY  AN INDIVIDUAL ONSITE WATER SUPPLY
SYSTEM SHALL TEST SUCH WATER SUPPLY IN ACCORDANCE WITH THIS SECTION  FOR
AT  LEAST THE CHARACTERISTICS AND CONTAMINANTS REQUIRED PURSUANT TO THIS
SECTION.   WITHIN THIRTY  DAYS  AFTER  THE  RECEIPT  OF  VALIDATED  TEST
RESULTS, THE LESSOR SHALL PROVIDE A WRITTEN COPY THEREOF TO EACH CURRENT
TENANT OF A RENTAL UNIT ON THE PROPERTY. THE LESSOR SHALL ALSO PROVIDE A
WRITTEN  COPY OF THE MOST RECENT VALIDATED TEST RESULTS TO A PROSPECTIVE
TENANT PRIOR TO THE SIGNING OF THE LEASE  OR  OTHER  AGREEMENT  FOR  THE
RENTAL  OF  A  RESIDENTIAL  UNIT ON THE PROPERTY OR TO ANY FORMER TENANT
UPON REQUEST. THE DEPARTMENT OR THE DEPARTMENT'S DESIGNEE SHALL HAVE THE
AUTHORITY TO REQUEST AND RECEIVE SUCH TEST RESULTS FROM THE LESSOR.
  3. EVERY TEST CONDUCTED IN  ACCORDANCE  WITH  THIS  SECTION  SHALL  BE
CONDUCTED  BY  A  LABORATORY  CERTIFIED  BY  THE  DEPARTMENT PURSUANT TO
SECTION FIVE HUNDRED TWO OF THIS CHAPTER. ANY TEST RESULTS  PROVIDED  BY
THE  LABORATORY,  PURSUANT  TO  THIS  SECTION, SHALL INCLUDE THE MAXIMUM
CONTAMINANT LEVELS OR OTHER ESTABLISHED VALUES, IF  ANY,  PRESCRIBED  BY
THE  DEPARTMENT FOR EACH CHARACTERISTIC OR CONTAMINANT TESTED. LABORATO-
RIES SHALL SUBMIT SUCH RESULTS TO THE DEPARTMENT ELECTRONICALLY  IN  THE
MANNER PRESCRIBED PURSUANT TO SECTION FIVE HUNDRED TWO OF THIS CHAPTER.
  4.  THE  COMMISSIONER MAY PROMULGATE REGULATIONS PURSUANT TO WHICH THE
DEPARTMENT MAY PROVIDE FINANCIAL ASSISTANCE  TO  OWNERS  OF  RESIDENTIAL
PROPERTY  SERVED  BY  AN  INDIVIDUAL  ONSITE WATER SUPPLY SYSTEM, UPON A
SHOWING THAT THE COSTS ASSOCIATED WITH TESTING DRINKING WATER IN COMPLI-
ANCE WITH THIS SECTION WOULD IMPOSE AN UNREASONABLE FINANCIAL HARDSHIP.
  5. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT OR LIMIT THE TEST-
ING OF INDIVIDUAL ONSITE WATER SUPPLY  SYSTEMS  PURSUANT  TO  ANY  OTHER
STATUTORY OR REGULATORY AUTHORITY.
  §  3.  Section 502 of the public health law is amended by adding a new
subdivision 10 to read as follows:
  10. THE DEPARTMENT MAY REQUIRE AN ENVIRONMENTAL LABORATORY  TO  REPORT
LABORATORY  TEST  RESULTS  TO  THE DEPARTMENT, OR TO ANY FULL-TIME CITY,
COUNTY  OR  PART-COUNTY  HEALTH  DEPARTMENT  IN  AN  ELECTRONIC   MANNER
PRESCRIBED BY THE DEPARTMENT.
  §  4.  The real property law is amended by adding a new section 468 to
read as follows:
  § 468. INDIVIDUAL ONSITE WATER SUPPLY TESTING REQUIREMENTS.  1.  EVERY
REAL ESTATE PURCHASE CONTRACT FOR THE SALE OF RESIDENTIAL REAL PROPERTY,
WHICH  IS  SERVED  BY  AN  INDIVIDUAL  ONSITE WATER SUPPLY SYSTEM, SHALL
INCLUDE A PROVISION REQUIRING AS A CONDITION OF  SALE,  THE  TESTING  OF
SUCH  WATER  SUPPLY  FOR  AT  LEAST THE STANDARDS PRESCRIBED PURSUANT TO
SECTION ELEVEN HUNDRED ELEVEN OF THE PUBLIC  HEALTH  LAW.  THIS  SECTION
SHALL  NOT APPLY TO PROPERTY THAT IS SERVED BY A PUBLIC WATER SYSTEM, AS
DEFINED IN REGULATIONS PROMULGATED BY THE COMMISSIONER.
  2. CLOSING OF TITLE ON THE SALE OF SUCH REAL PROPERTY SHALL NOT  OCCUR
UNLESS  BOTH  THE BUYER AND THE SELLER HAVE RECEIVED AND REVIEWED A COPY
OF THE WATER TEST RESULTS. AT CLOSING, THE BUYER AND SELLER  BOTH  SHALL
CERTIFY  IN  WRITING THAT THEY HAVE RECEIVED AND REVIEWED THE WATER TEST
RESULTS.
  3. THE REQUIREMENTS OF THIS SECTION MAY NOT BE WAIVED.
  § 5.  Subdivision 3 of section 15-1525 of the environmental  conserva-
tion law, as amended by section 2 of part F of chapter 59 of the laws of
2006, is amended to read as follows:

S. 2007                            58                            A. 3007

  3.  The  certificate  of  registration  shall require that, before the
commencement of drilling of any well or wells, the  water  well  driller
shall  file  a  preliminary  notice  with  the department; it shall also
provide that upon the completion of the drilling of any  water  well  or
water  wells,  a  completion report be filed with the department, giving
the log of the well, the size and depth thereof,  the  capacity  of  the
pump or pumps attached or to be attached thereto, THE LABORATORY RESULTS
OF  THE  WATER  SAMPLE  TESTED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
ELEVEN OF THE PUBLIC HEALTH LAW, and such other  information  pertaining
to  the  withdrawal  of  water and operation of such water well or water
wells as the department by its rules and regulations  may  require.  The
water well driller shall provide a copy of such completion report to the
water well owner AND THE DEPARTMENT OF HEALTH AND DEPARTMENT OF ENVIRON-
MENTAL  CONSERVATION. The number of the certificate of registration must
be displayed on the well  drilling  machinery  of  the  registrant.  The
certificate  of  registration shall also contain a notice to the certif-
icate holder that the business activities authorized by such certificate
are subject to the provisions of article  thirty-six-A  of  the  general
business  law. The fee for such certificate of registration shall be ten
dollars  annually.  The  commissioner  shall  promulgate  a  water  well
completion  report  form which shall be utilized by all water well dril-
lers in satisfying the  requirements  of  this  section  and  any  other
provision of state or local law which requires the submission of a water
well completion report or water well log.
  § 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the commissioner of health and commissioner of environmental conser-
vation  shall  be  authorized  to promulgate any and all rules and regu-
lations necessary to  implement  the  provisions  of  this  act  on  its
effective date.

                                 PART O

  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  THE  DEPARTMENT 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

S. 2007                            59                            A. 3007

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 COMMISSIONER 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
APPROPRIATION, THE COMMISSIONER OF MENTAL HEALTH MAY, AT THE COMMISSION-
ER'S DISCRETION, MAKE FUNDS AVAILABLE FOR STATE AID GRANTS TO ANY COUNTY
THAT  DEVELOPS  AND OPERATES A MENTAL HEALTH UNIT WITHIN A LOCAL CORREC-
TIONAL 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, 2017; provided,
however,  that  this  act  shall expire and be deemed repealed March 31,
2022.

                                 PART P

  Section 1. Section 48-a of part A of chapter 56 of the  laws  of  2013
amending  chapter  59 of the laws of 2011 amending the public health law
and other laws relating to general  hospital  reimbursement  for  annual
rates  relating to the cap on local Medicaid expenditures, as amended by
section 29 part B of chapter 59 of the laws of 2016, is amended to  read
as follows:
  §  48-a. 1. Notwithstanding any contrary provision of law, the commis-
sioners of the office of alcoholism and substance abuse services and the
office of mental health are authorized, subject to the approval  of  the
director  of the budget, to transfer to the commissioner of health state
funds to be utilized as the state share for the  purpose  of  increasing
payments  under  the  medicaid  program  to  managed  care organizations
licensed under article 44 of the public health law or under  article  43
of the insurance law. Such managed care organizations shall utilize such
funds  for  the  purpose  of  reimbursing providers licensed pursuant to
article 28 of the public health law or article 31 or 32  of  the  mental
hygiene  law for ambulatory behavioral health services, as determined by
the commissioner of health, in consultation  with  the  commissioner  of
alcoholism  and  substance  abuse  services  and the commissioner of the
office of mental health, provided to medicaid [eligible] ENROLLED outpa-
tients AND FOR ALL OTHER BEHAVIORAL  HEALTH  SERVICES  EXCEPT  INPATIENT
INCLUDED  IN  NEW  YORK STATE'S MEDICAID REDESIGN WAIVER APPROVED BY THE
CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS).    Such  reimbursement
shall  be  in the form of fees for such services which are equivalent to
the payments established for such services under the ambulatory  patient
group  (APG)  rate-setting  methodology as utilized by the department of
health, the office of alcoholism and substance abuse  services,  or  the
office of mental health for rate-setting purposes OR ANY SUCH OTHER FEES
PURSUANT  TO THE MEDICAID STATE PLAN OR OTHERWISE APPROVED BY CMS IN THE
MEDICAID REDESIGN WAIVER; provided, however, that the increase  to  such
fees that shall result from the provisions of this section shall not, in
the  aggregate  and  as  determined  by  the  commissioner of health, in
consultation with the commissioner of  alcoholism  and  substance  abuse
services and the commissioner of the office of mental health, be greater
than  the  increased funds made available pursuant to this section.  The

S. 2007                            60                            A. 3007

increase of such ambulatory behavioral health fees to  providers  avail-
able  under  this section shall be for all rate periods on and after the
effective date of section [1] 29 of part [C] B of chapter [57] 59 of the
laws  of  [2015]  2016 through March 31, [2018] 2020 for patients in the
city of New York, for all rate periods on and after the  effective  date
of section [1] 29 of part [C] B of chapter [57] 59 of the laws of [2015]
2016  through  [June  30,  2018] MARCH 31, 2020 for patients outside the
city of New York, and for all rate periods on and  after  the  effective
date  of  such  chapter  through  [June 30, 2018] MARCH 31, 2020 for all
services provided to persons under  the  age  of  twenty-one;  provided,
however, [eligible providers may work with managed care plans to achieve
quality  and  efficiency  objectives  and  engage in shared savings] THE
COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE COMMISSIONER  OF  ALCO-
HOLISM  AND  SUBSTANCE  ABUSE  SERVICES  AND  THE COMMISSIONER OF MENTAL
HEALTH, MAY REQUIRE, AS A  CONDITION  OF  APPROVAL  OF  SUCH  AMBULATORY
BEHAVIORAL  HEALTH  FEES,  THAT  AGGREGATE  MANAGED CARE EXPENDITURES TO
ELIGIBLE PROVIDERS MEET THE FOLLOWING VALUE BASED  PAYMENT  METRICS  FOR
THE  FOLLOWING  PERIODS:  (I)  FOR THE PERIOD FROM APRIL 1, 2017 THROUGH
MARCH 31, 2018, AT LEAST TEN PERCENT OF SUCH MANAGED  CARE  EXPENDITURES
ARE  PAID  THROUGH  LEVEL  ONE VALUE BASED PAYMENT ARRANGEMENTS, AS SUCH
LEVEL IS DEFINED IN THE DEPARTMENT OF HEALTH'S VALUE BASED PAYMENT ROAD-
MAP (II) FOR THE PERIOD APRIL 1, 2018 THROUGH MARCH 31, 2019,  AT  LEAST
FIFTY  PERCENT  OF SUCH MANAGED CARE EXPENDITURES ARE PAID THROUGH LEVEL
ONE VALUE BASED  PAYMENT  ARRANGEMENTS  AND  FIFTEEN  PERCENT  ARE  PAID
THROUGH  LEVEL  TWO VALUE BASED PAYMENT ARRANGEMENTS, AS SUCH LEVELS ARE
DEFINED IN THE DEPARTMENT OF HEALTH'S VALUE BASED  PAYMENT  ROADMAP  AND
(III)  FOR  THE  PERIOD  APRIL  1, 2019 THROUGH MARCH 31, 2020, AT LEAST
EIGHTY PERCENT OF SUCH MANAGED CARE EXPENDITURES ARE PAID THROUGH  LEVEL
ONE  VALUE  BASED  PAYMENT ARRANGEMENTS AND THIRTY-FIVE PERCENT ARE PAID
THROUGH LEVEL TWO VALUE BASED PAYMENT ARRANGEMENTS, AS SUCH  LEVELS  ARE
DEFINED  IN  THE DEPARTMENT OF HEALTH'S VALUE BASED PAYMENT ROADMAP. THE
COMMISSIONER OF HEALTH MAY, IN CONSULTATION  WITH  THE  COMMISSIONER  OF
ALCOHOLISM  AND  SUBSTANCE  ABUSE  SERVICES  AND THE COMMISSIONER OF THE
OFFICE OF MENTAL HEALTH, WAIVE SUCH CONDITIONS IF A SUFFICIENT NUMBER OF
PROVIDERS, AS DETERMINED BY THE COMMISSIONER, SUFFER A  FINANCIAL  HARD-
SHIP AS A CONSEQUENCE OF SUCH VALUE BASED PAYMENT ARRANGEMENTS, OR IF HE
OR  SHE  SHALL  DETERMINE  THAT  SUCH  VALUE  BASED PAYMENT ARRANGEMENTS
SIGNIFICANTLY THREATEN  INDIVIDUALS'  ACCESS  TO  AMBULATORY  BEHAVIORAL
HEALTH  SERVICES.  SUCH  WAIVER MAY BE APPLIED ON A PROVIDER SPECIFIC OR
INDUSTRY WIDE BASIS.   Nothing in this section  shall  prohibit  managed
care  organizations  and  providers from negotiating different rates and
methods of payment during such periods described above, subject  to  the
approval  of  the  department  of health. The department of health shall
consult with the office of alcoholism and substance abuse  services  and
the  office  of  mental  health  in determining whether such alternative
rates shall be approved. The commissioner of health may, in consultation
with the commissioner of alcoholism and substance abuse services and the
commissioner of the office of  mental  health,  promulgate  regulations,
including  emergency regulations promulgated prior to October 1, 2015 to
establish rates for ambulatory behavioral health services, as are neces-
sary to implement the provisions  of  this  section.  Rates  promulgated
under  this  section  shall  be  included  in  the report required under
section 45-c of part A of this chapter.
  2. Notwithstanding any contrary provision of law,  the  fees  paid  by
managed  care  organizations  licensed  under  article  44 of the public
health law or under article  43  of  the  insurance  law,  to  providers

S. 2007                            61                            A. 3007

licensed  pursuant  to article 28 of the public health law or article 31
or 32 of the  mental  hygiene  law,  for  ambulatory  behavioral  health
services  provided  to  patients  enrolled in the child health insurance
program  pursuant to title one-A of article 25 of the public health law,
shall be in the form of fees for such services which are  equivalent  to
the  payments established for such services under the ambulatory patient
group (APG) rate-setting methodology OR ANY SUCH OTHER FEES  ESTABLISHED
PURSUANT  TO  THE  MEDICAID STATE PLAN. The commissioner of health shall
consult with the commissioner of alcoholism and substance abuse services
and the commissioner of the office of mental health in determining  such
services  and  establishing such fees. Such ambulatory behavioral health
fees to providers available under this section shall  be  for  all  rate
periods  on  and  after the effective date of this chapter through [June
30, 2018] MARCH 31, 2020, provided, however, that managed care organiza-
tions and providers may negotiate different rates and methods of payment
during such periods described above, subject  to  the  approval  of  the
department  of health.   The department of health shall consult with the
office of alcoholism and substance abuse  services  and  the  office  of
mental  health  in  determining  whether such alternative rates shall be
approved.  The report required under section 16-a of part C  of  chapter
60  of  the  laws  of 2014 shall also include the population of patients
enrolled in the child health insurance program pursuant to  title  one-A
of article 25 of the public health law in its examination on the transi-
tion of behavioral health services into managed care.
  §  2.  Section 1 of part H of chapter 111 of the laws of 2010 relating
to increasing Medicaid payments to providers through managed care organ-
izations and providing equivalent fees  through  an  ambulatory  patient
group  methodology,  as amended by section 30 of part B of chapter 59 of
the laws of 2016, is amended to read as follows:
  Section 1. a.   Notwithstanding any contrary  provision  of  law,  the
commissioners  of  mental  health  and  alcoholism  and  substance abuse
services are authorized, subject to the approval of the director of  the
budget,  to  transfer  to  the  commissioner of health state funds to be
utilized as the state share for the purpose of increasing payments under
the medicaid program to managed care organizations licensed under  arti-
cle  44  of  the  public health law or under article 43 of the insurance
law. Such managed care organizations shall utilize such  funds  for  the
purpose  of reimbursing providers licensed pursuant to article 28 of the
public health law, or pursuant to article 31 or article 32 of the mental
hygiene law for ambulatory behavioral health services, as determined  by
the  commissioner  of  health  in  consultation with the commissioner of
mental  health  and  commissioner  of  alcoholism  and  substance  abuse
services,  provided  to medicaid [eligible] ENROLLED outpatients AND FOR
ALL OTHER BEHAVIORAL HEALTH SERVICES EXCEPT INPATIENT  INCLUDED  IN  NEW
YORK  STATE'S MEDICAID REDESIGN WAIVER APPROVED BY THE CENTERS FOR MEDI-
CARE AND MEDICAID SERVICES (CMS).  Such reimbursement shall  be  in  the
form  of  fees  for  such  services which are equivalent to the payments
established for such services under the ambulatory patient  group  (APG)
rate-setting  methodology  as utilized by the department of health or by
the office of mental health or office of alcoholism and substance  abuse
services  for  rate-setting  purposes OR ANY SUCH OTHER FEES PURSUANT TO
THE MEDICAID STATE PLAN OR OTHERWISE APPROVED BY  CMS  IN  THE  MEDICAID
REDESIGN  WAIVER; provided, however, that the increase to such fees that
shall result from the provisions of  this  section  shall  not,  in  the
aggregate  and  as determined by the commissioner of health in consulta-
tion  with  the  commissioners  of  mental  health  and  alcoholism  and

S. 2007                            62                            A. 3007

substance  abuse  services,  be  greater  than  the increased funds made
available pursuant to this section.  The  increase  of  such  behavioral
health  fees  to providers available under this section shall be for all
rate  periods  on and after the effective date of section [2] 30 of part
[C] B of chapter [57] 59 of the laws of [2015] 2016  through  March  31,
[2018]  2020  for patients in the city of New York, for all rate periods
on and after the effective date of section [2] 30 of part [C] B of chap-
ter [57] 59 of the laws of [2015] 2016 through [June 30, 2018] MARCH 31,
2020 for patients outside the city of New York, and for all rate periods
on and after the effective date of section [2] 30 of part [C] B of chap-
ter [57] 59 of the laws of [2015] 2016 through [June 30, 2018] MARCH 31,
2020 for all services provided to persons under the age  of  twenty-one;
provided,  however, [eligible providers may work with managed care plans
to achieve quality  and  efficiency  objectives  and  engage  in  shared
savings]  THE  COMMISSIONER  OF HEALTH, IN CONSULTATION WITH THE COMMIS-
SIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND  THE  COMMISSIONER
OF  MENTAL HEALTH, MAY REQUIRE, AS A CONDITION OF APPROVAL OF SUCH AMBU-
LATORY BEHAVIORAL HEALTH FEES, THAT AGGREGATE MANAGED CARE  EXPENDITURES
TO ELIGIBLE PROVIDERS MEET THE FOLLOWING VALUE BASED PAYMENT METRICS FOR
THE  FOLLOWING  PERIODS:  (I)  FOR THE PERIOD FROM APRIL 1, 2017 THROUGH
MARCH 31, 2018, AT LEAST TEN PERCENT OF SUCH MANAGED  CARE  EXPENDITURES
ARE  PAID  THROUGH  LEVEL  ONE VALUE BASED PAYMENT ARRANGEMENTS, AS SUCH
LEVEL IS DEFINED IN THE DEPARTMENT OF HEALTH'S VALUE BASED PAYMENT ROAD-
MAP (II) FOR THE PERIOD APRIL 1, 2018 THROUGH MARCH 31, 2019,  AT  LEAST
FIFTY  PERCENT  OF SUCH MANAGED CARE EXPENDITURES ARE PAID THROUGH LEVEL
ONE VALUE BASED  PAYMENT  ARRANGEMENTS  AND  FIFTEEN  PERCENT  ARE  PAID
THROUGH  LEVEL  TWO VALUE BASED PAYMENT ARRANGEMENTS, AS SUCH LEVELS ARE
DEFINED IN THE DEPARTMENT OF HEALTH'S VALUE BASED  PAYMENT  ROADMAP  AND
(III)  FOR  THE  PERIOD  APRIL  1, 2019 THROUGH MARCH 31, 2020, AT LEAST
EIGHTY PERCENT OF SUCH MANAGED CARE EXPENDITURES ARE PAID THROUGH  LEVEL
ONE  VALUE  BASED  PAYMENT ARRANGEMENTS AND THIRTY-FIVE PERCENT ARE PAID
THROUGH LEVEL TWO VALUE BASED PAYMENT ARRANGEMENTS, AS SUCH  LEVELS  ARE
DEFINED  IN  THE DEPARTMENT OF HEALTH'S VALUE BASED PAYMENT ROADMAP. THE
COMMISSIONER OF HEALTH MAY, IN CONSULTATION  WITH  THE  COMMISSIONER  OF
ALCOHOLISM  AND  SUBSTANCE  ABUSE  SERVICES  AND THE COMMISSIONER OF THE
OFFICE OF MENTAL HEALTH, WAIVE SUCH CONDITIONS IF A SUFFICIENT NUMBER OF
PROVIDERS, AS DETERMINED BY THE COMMISSIONER, SUFFER A  FINANCIAL  HARD-
SHIP AS A CONSEQUENCE OF SUCH VALUE BASED PAYMENT ARRANGEMENTS, OR IF HE
OR  SHE  SHALL  DETERMINE  THAT  SUCH  VALUE  BASED PAYMENT ARRANGEMENTS
SIGNIFICANTLY THREATEN  INDIVIDUALS'  ACCESS  TO  AMBULATORY  BEHAVIORAL
HEALTH  SERVICES.   SUCH WAIVER MAY BE APPLIED ON A PROVIDER SPECIFIC OR
INDUSTRY WIDE BASIS. Nothing in this section shall prohibit managed care
organizations and providers from negotiating different rates and methods
of payment during such periods described, subject to the approval of the
department of health. The department of health shall  consult  with  the
office  of  alcoholism  and  substance  abuse services and the office of
mental health in determining whether such  alternative  rates  shall  be
approved.  The  commissioner  of  health  may,  in consultation with the
commissioners of  mental  health  and  alcoholism  and  substance  abuse
services,   promulgate   regulations,  including  emergency  regulations
promulgated prior to October 1, 2013 that establish rates for behavioral
health services, as are necessary to implement the  provisions  of  this
section.  Rates  promulgated under this section shall be included in the
report required under section 45-c of part A of chapter 56 of  the  laws
of 2013.

S. 2007                            63                            A. 3007

  b.  Notwithstanding  any  contrary  provision of law, the fees paid by
managed care organizations licensed  under  article  44  of  the  public
health  law  or  under  article  43  of  the insurance law, to providers
licensed pursuant to article 28 of the public health law or  article  31
or  32  of  the  mental  hygiene  law,  for ambulatory behavioral health
services provided to patients enrolled in  the  child  health  insurance
program  pursuant to title one-A of article 25 of the public health law,
shall be in the form of fees for such services which are  equivalent  to
the  payments established for such services under the ambulatory patient
group (APG) rate-setting methodology. The commissioner of  health  shall
consult with the commissioner of alcoholism and substance abuse services
and  the commissioner of the office of mental health in determining such
services and establishing such fees. Such ambulatory  behavioral  health
fees  to  providers  available  under this section shall be for all rate
periods on and after the effective date of this  chapter  through  [June
30, 2018] MARCH 31, 2020, provided, however, that managed care organiza-
tions and providers may negotiate different rates and methods of payment
during  such  periods  described  above,  subject to the approval of the
department of health. The department of health shall  consult  with  the
office  of  alcoholism  and  substance  abuse services and the office of
mental health in determining whether such  alternative  rates  shall  be
approved.    The report required under section 16-a of part C of chapter
60 of the laws of 2014 shall also include  the  population  of  patients
enrolled  in  the child health insurance program pursuant to title one-A
of article 25 of the public health law in its examination on the transi-
tion of behavioral health services into managed care.
  § 3. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2017; provided,
however,  that the amendments to section 48-a of part A of chapter 56 of
the laws of 2013 made by section one of this act shall  not  affect  the
repeal  of such section and shall be deemed repealed therewith; provided
further, that the amendments to section 1 of part H of  chapter  111  of
the  laws  of  2010 made by section two of this act shall not affect the
expiration of such section and shall be deemed to expire therewith.

                                 PART Q

  Section 1. Subdivisions 3-b and 3-c of section 1 and section 4 of part
C of chapter 57 of the laws of 2006, relating to establishing a cost  of
living  adjustment for designated human services programs, as amended by
section 1 of part I of chapter 60 of the laws of 2014,  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, the commissioners shall not include a COLA for
the purpose of establishing rates of payments, contracts  or  any  other
form of reimbursement.
  3-c.  Notwithstanding  any  inconsistent  provision  of law, beginning
April 1, [2016] 2018 and ending March 31, [2019] 2021, the commissioners
shall develop the COLA under this section using the actual U.S. consumer
price index for all urban consumers  (CPI-U)  published  by  the  United
States  department  of  labor, bureau of labor statistics for the twelve
month period ending in July of the  budget  year  prior  to  such  state
fiscal  year,  for  the  purpose  of  establishing  rates  of  payments,
contracts or any other form of reimbursement.

S. 2007                            64                            A. 3007

  § 4. This act shall take effect immediately and  shall  be  deemed  to
have  been in full force and effect on and after April 1, 2006; provided
section one of this act shall expire and be  deemed  repealed  April  1,
[2019]  2021; provided, further, that sections two and three of this act
shall expire and be deemed repealed December 31, 2009.
  §  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2017; provided,
however, that the amendments to 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, made
by section one of this act, shall not affect the repeal of such subdivi-
sions 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 Q 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
________________________________________________________________________

                                 2007--A

                            I N  S E N A T E

                            January 23, 2017
                               ___________

A  BUDGET  BILL,  submitted by the Governor pursuant to article 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

AN  ACT  intentionally omitted (Part A); intentionally omitted (Part B);
  to amend the social services law, in  relation  to  requiring  monthly
  premium  payments  for the Essential Plan; to amend the insurance law,
  in relation to the definition of small group; to amend  the  insurance
  law,  in  relation  to adjusting claims on behalf of municipal cooper-
  ative health benefit plans; and to repeal section 7 of chapter  12  of
  the laws of 2016 relating to directing the superintendent of financial
  services  to contract with an independent entity to conduct an assess-
  ment regarding the impact of the prohibition on the sale of stop loss,
  catastrophic and reinsurance coverage to the small group market relat-
  ing thereto (Part C); to amend the public health law, in  relation  to
  management  of  the  cost  of  prescription drugs; to amend the social
  services law, in relation to Medicaid reimbursement of covered  outpa-
  tient  drugs;  to amend the public health law and the general business
  law, in relation to price gouging on prescription drugs; to  authorize
  the  suspension  of a provider's Medicaid enrollment for inappropriate
  prescribing of opioids; to amend the social services law, in  relation
  to refills of controlled substances; to amend the social services law,
  in  relation  to aligning pharmacy copayment requirements with federal
  regulations, and to  adjusting  consumer  price  index  penalties  for
  generic  drugs;  to amend the public health law, in relation to estab-
  lishing a Medicaid drug rebate remittance program; and  directing  the
  department  of  health  to  make biannual assessments of non-preferred
  drugs (Part D); to amend the  social  services  law,  in  relation  to
  hospice services covered under title XVIII of the federal social secu-
  rity act; to amend the public health law, in relation to defining home
  care  aide;  to  amend  the social services law, in relation to fiscal
  intermediary  certification  under  the  consumer  directed   personal
  assistance program; to amend part H of chapter 59 of the laws of 2011,
  amending  the  public  health  law  and other laws relating to general
  hospital inpatient reimbursement for  annual  rates,  in  relation  to
  state  funding  for  nursing homes; to amend the public health law, in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12571-03-7

S. 2007--A                          2

  relation to the distribution of moneys received by managed  long  term
  care  programs  from  the  state  for  medicaid patients; to amend the
  social services  law,  in  relation  to  authorizing  assisted  living
  program beds for any applicant that can satisfactorily demonstrate the
  public  need  for  such  beds;  to  amend  the social services law, in
  relation to the provision of services  to  certain  persons  suffering
  from traumatic brain injuries or qualifying for nursing home diversion
  and  transition  services; to amend the public health law, in relation
  to adequate reimbursement for managed care plan and home care  agency-
  delivered  services;  to amend the social services law, in relation to
  enhancing rate adequacy for medicaid managed  care  and  managed  long
  term  care  plans; in relation to a study and report by the department
  of health on the need for and feasibility of repatriation of  complex-
  needs  patients  placed  in  out-of-state  facilities;  and  to repeal
  certain provisions of the social services law relating  thereto  (Part
  E);  to  amend  the  social  services  law, in relation to carving out
  transportation from the managed long term care benefit; and to  repeal
  subdivision 5 of section 365-h of the social services law, relating to
  rural  transit assistance payments to counties (Part F); to amend part
  H of chapter 59 of the laws of 2011, amending the  public  health  law
  and  other  laws  relating to known and projected department of health
  state fund medicaid expenditures, in relation to requiring the savings
  allocation plan to be approved by the legislature; to amend section 91
  of part H of chapter 59 of the  laws  of  2011,  amending  the  public
  health  law  and  other  laws  relating  to general hospital inpatient
  reimbursement for annual rates,  in  relation  to  the  department  of
  health state funds Medicaid spending; to amend 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 the administration thereof, in relation to an admin-
  istrative  cap on such program; to preclude the commissioner of health
  from reducing  emergency  room  payments;  and  to  amend  the  social
  services  law, in relation to rates paid to managed care organizations
  (Part G); to amend the New York Health Care Reform  Act  of  1996,  in
  relation  to  extending  certain provisions relating thereto; to amend
  the New York Health Care Reform Act of 2000, in relation to  extending
  the  effectiveness  of  provisions thereof; to amend the public health
  law, in relation to the distribution of pool allocations and  graduate
  medical  education;  to  amend  the  public health law, in relation to
  health  care  initiative  pool  distributions;  to  amend  the  social
  services  law, in relation to extending payment provisions for general
  hospitals; to amend the public health law, in relation to the  assess-
  ments  on  covered  lives;  to  amend  chapter 600 of the laws of 1986
  amending the public health law relating to the  development  of  pilot
  reimbursement  programs  for  ambulatory care services, in relation to
  the effectiveness thereof; to amend chapter 520 of the  laws  of  1978
  relating  to  providing  for  a  comprehensive  survey  of health care
  financing, education and illness prevention and creating councils  for
  the  conduct  thereof,  in  relation  to the effectiveness thereof; to
  amend the public health law and the social services law,  in  relation
  to  rates  of payment for personal care services workers; and to amend
  the public health law, in relation to the comprehensive diagnostic and
  treatment centers indigent care program; to amend chapter  62  of  the
  laws of 2003 amending the general business law and other laws relating
  to  enacting  major components necessary to implement the state fiscal
  plan for the 2003-04 state fiscal year, in relation to the deposit  of

S. 2007--A                          3

  certain  funds;  to amend the public health law, in relation to health
  care initiative pool distributions; 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; and to amend part  J  of
  chapter  63  of  the  laws of 2001 amending chapter 266 of the laws of
  1986, amending the civil practice law and rules and other laws  relat-
  ing  to  malpractice  and professional medical conduct, in relation to
  extending certain provisions concerning the hospital excess  liability
  pool  (Part H); to amend chapter 884 of the laws of 1990, amending the
  public health law relating to authorizing bad debt  and  charity  care
  allowances  for  certified  home  health  agencies, in relation to the
  effectiveness thereof; to amend chapter 60 of the laws of 2014  amend-
  ing  the  social  services  law  relating  to  eliminating  prescriber
  prevails for brand name drugs with generic equivalents, in relation to
  the effectiveness thereof; to amend the public health law, in relation
  to extending the nursing home cash assessment; to amend chapter 474 of
  the laws of 1996, amending the education law and other  laws  relating
  to  rates  for  residential health care facilities, in relation to the
  effectiveness thereof; to amend 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 state fiscal year, in relation
  to delay of certain administrative cost; to amend chapter  81  of  the
  laws  of  1995, amending the public health law and other laws relating
  to medical reimbursement and welfare reform, in relation to the effec-
  tiveness thereof; to amend chapter 109 of the laws of  2010,  amending
  the  social services law relating to transportation costs, in relation
  to the effectiveness thereof; to amend chapter 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 the effectiveness thereof; to amend chapter 2 of the  laws
  of  1998,  amending  the  public health law and other laws relating to
  expanding the child health insurance plan, in relation to  the  effec-
  tiveness  thereof;  to  amend chapter 19 of the laws of 1998, amending
  the social services law relating to limiting the method of payment for
  prescription drugs under the medical assistance program,  in  relation
  to  the  effectiveness  thereof;  to  amend  the public health law, in
  relation to continuing nursing home upper payment limit  payments;  to
  amend  chapter 904 of the laws of 1984, amending the public health law
  and the social services  law  relating  to  encouraging  comprehensive
  health  services,  in  relation to the effectiveness thereof; to amend
  chapter 62 of the laws of 2003, amending the public health law  relat-
  ing  to  allowing  for  the use of funds of the office of professional
  medical conduct for activities of the patient health  information  and
  quality  improvement  act  of  2000,  in  relation  to  extending  the
  provisions thereof; to amend chapter 59 of the laws of 2011,  amending
  the  public  health  law  relating to the statewide health information
  network of New York and the statewide planning  and  research  cooper-
  ative  system and general powers and duties, in relation to the effec-
  tiveness thereof; and to amend chapter 58 of the laws of 2008,  amend-
  ing  the  elder  law  and  other  laws  relating  to  reimbursement to
  participating provider pharmacies and prescription drug  coverage,  in
  relation  to  extending  the  expiration of certain provisions thereof
  (Part I); to amend the general obligations law, in relation to pharma-

S. 2007--A                          4

  cy benefit managers; and to amend the public health law and the insur-
  ance law, in relation to contracts between pharmacy  benefit  managers
  and health insurers to protect consumers (Part J); intentionally omit-
  ted  (Part  K);  to amend the public health law, in relation to estab-
  lishing a health care regulation modernization team within the depart-
  ment of health (Part L); to amend the public health law,  in  relation
  to  creating  the  "Emerging  Contaminant Monitoring Act" (Part M); to
  amend the public health law, in relation  to  creating  the  "drinking
  water  quality institute" (Part N); intentionally omitted (Part O); to
  amend chapter 56 of the laws of 2013 amending chapter 59 of  the  laws
  of  2011  amending  the  public  health law and other laws relating to
  general hospital reimbursement for annual rates relating to the cap on
  local Medicaid expenditures, in relation to extending government rates
  for behavioral services and adding a value based payment  requirement;
  and  to  amend  chapter 111 of the laws of 2010 relating to increasing
  Medicaid payments to providers through managed care organizations  and
  providing  equivalent fees through an ambulatory patient group method-
  ology, in  relation  to  extending  government  rates  for  behavioral
  services  and  adding  a  value based payment requirement (Part P); to
  amend chapter 57 of the laws of 2006, relating to establishing a  cost
  of  living  adjustment  for  designated  human  services  programs, in
  relation to forgoing such adjustment during the 2017-2018 state fiscal
  year and the effectiveness thereof  (Part  Q);  to  amend  the  mental
  hygiene  law,  in  relation  to prohibiting the collocation of certain
  facilities (Part R); to require the commissioner  of  the  office  for
  people  with  developmental  disabilities to establish the care demon-
  stration program; and providing for the repeal of such provisions upon
  expiration thereof (Part S); to  amend  the  public  health  law,  the
  general business law, the administrative code of the city of New York,
  and  the  education law, in relation to tobacco products, herbal ciga-
  rettes, and vapor products (Part T); to amend the social services law,
  in relation to investigating  reports  of  suspected  elder  abuse  or
  maltreatment;  to  amend the elder law, in relation to an economically
  sustainable transportation demonstration program;  and  to  amend  the
  elder  law,  in  relation  to creating a statewide central register of
  elder abuse and maltreatment reports (Part U);  to  amend  the  social
  services law, in relation to requiring medical assistance coverage for
  the  cost  of donor breast milk in certain circumstances; to amend the
  public health law, in relation to payments to rural  hospitals  desig-
  nated  as  critical access hospitals; to amend chapter 474 of the laws
  of 1996, amending the education law and other laws relating  to  rates
  for  residential  healthcare  facilities, in relation to directing the
  department  of  health  to  make  additional  payments  for  inpatient
  services  to  certain  public  general  hospitals; to amend the public
  health law, in relation to additional premium assistance  for  persons
  with acquired immune deficiency syndrome; to amend the social services
  law,  in  relation to school-based health centers; to amend the social
  services law, in relation to health  homes,  in  relation  to  certain
  not-for-profit  residential  health  care  facilities in the county of
  Monroe; and to amend the social services law, in relation  to  medical
  assistance  for  infertility  services  (Part  V); to amend the public
  health law, in relation to submission of information to the department
  of health for physician profiles; to amend the public health law,  the
  tax  law and the social services law, in relation to support of living
  organ donation; to amend the public health law, in relation to  creat-
  ing the lupus research enhancement program; to amend the state finance

S. 2007--A                          5

  law,  in  relation to creating the lupus research enhancement fund; to
  amend the public health law, in relation to authorizing  collaborative
  programs  for  community  paramedicine  services; and and to amend the
  public  health law, in relation to maintenance of effort (Part W); and
  to enact the "clean water bond act  of  2017";  to  amend  the  public
  health  law, the environmental conservation law, the state finance law
  and the public authorities law, in relation to the  implementation  of
  the  "clean  water act of 2017"; to enact the "New York state regional
  water infrastructure improvement act of 2017"; establishing a  concen-
  trated  animal  feeding  operations assistance program; to establish a
  septic system rebate program; to  establish  an  online  tracking  and
  mapping system for New York water; and to repeal certain provisions of
  the  environmental conservation law and the state finance law relating
  thereto (Part X)

  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 2017-2018
state fiscal year. Each component is  wholly  contained  within  a  Part
identified  as Parts A through X. 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

                          Intentionally Omitted

                                 PART B

                          Intentionally Omitted

                                 PART C

  Section 1. Subdivision 5 of section 369-gg of the social services law,
as  added  by section 51 of part C of chapter 60 of the laws of 2014, is
amended to read as follows:
  5. Premiums and cost sharing. (a) Subject  to  federal  approval,  the
commissioner  shall  establish  premium  payments enrollees shall pay to
approved organizations for coverage of health care services pursuant  to
this  title. Such premium payments shall be established in the following
manner:
  (i) up to twenty dollars monthly for an individual  with  a  household
income above one hundred and [fifty] THIRTY-EIGHT percent of the federal
poverty  line but at or below two hundred percent of the federal poverty
line defined and annually revised by the  United  States  department  of
health and human services for a household of the same size; BEGINNING IN

S. 2007--A                          6

TWO  THOUSAND  EIGHTEEN  AND  ANNUALLY  THEREAFTER, SUCH AMOUNT SHALL BE
INCREASED BASED ON THE PERCENTAGE INCREASE IN THE MEDICAL CONSUMER PRICE
INDEX, ROUNDED UP TO THE NEAREST DOLLAR; and
  (ii) no payment is required for individuals with a household income at
or  below  one  hundred  and [fifty] THIRTY-EIGHT percent of the federal
poverty line defined and annually revised by the United  States  depart-
ment of health and human services for a household of the same size.
  (b)  The  commissioner  shall  establish  cost sharing obligations for
enrollees, subject to federal approval.
  § 2. Paragraph 1 of subsection (a) of section 3231  of  the  insurance
law,  as  amended  by  section 69 of part D of chapter 56 of the laws of
2013, is amended to read as follows:
  (1) No individual health insurance policy and no group  health  insur-
ance  policy  covering between one and fifty employees or members of the
group [or between one and one hundred employees or members of the  group
for  policies  issued or renewed on or after January first, two thousand
sixteen] exclusive of spouses and dependents, hereinafter referred to as
a small group, providing hospital  and/or  medical  benefits,  including
medicare  supplemental  insurance,  shall be issued in this state unless
such policy is community rated and, notwithstanding any other provisions
of law, the underwriting of such policy involves no more than the  impo-
sition  of a pre-existing condition limitation if otherwise permitted by
this article.
  § 3. Paragraph 3 of subsection (a) of section 3231  of  the  insurance
law,  as  amended  by  section 69 of part D of chapter 56 of the laws of
2013, is amended to read as follows:
  (3) Once accepted for coverage, an individual or small group cannot be
terminated by the insurer due to claims experience.   Termination of  an
individual  or  small  group  shall  be based only on one or more of the
reasons set forth in  subsection  (g)  of  section  three  thousand  two
hundred  sixteen or subsection (p) of section three thousand two hundred
twenty-one of this article.  Group  hospital  and/or  medical  coverage,
including  medicare  supplemental insurance, obtained through an out-of-
state trust covering a group of fifty or fewer  employees,  [or  between
one and one hundred employees for policies issued or renewed on or after
January  first,  two thousand sixteen,] or participating persons who are
residents of this state must be community rated regardless of the  situs
of  delivery of the policy. Notwithstanding any other provisions of law,
the underwriting of such policy may involve no more than the  imposition
of a pre-existing condition limitation if permitted by this article, and
once  accepted  for  coverage,  an  individual  or small group cannot be
terminated due to claims experience. Termination  of  an  individual  or
small  group shall be based only on one or more of the reasons set forth
in subsection (p) of section three thousand two  hundred  twenty-one  of
this article.
  §  4.  Paragraph  1 of subsection (h) of section 3231 of the insurance
law, as amended by chapter 12 of the laws of 2016, is amended to read as
follows:
  (1) Notwithstanding any other provision of this chapter,  no  insurer,
subsidiary  of  an  insurer,  or  controlled person of a holding company
system may act as an administrator or claims paying agent, as opposed to
an insurer, on behalf of small groups which, if  they  purchased  insur-
ance,  would  be  subject  to  this section. No insurer may provide stop
loss, catastrophic or reinsurance coverage to  small  groups  which,  if
they  purchased  insurance, would be subject to this section. [Provided,
however, the provisions of this paragraph shall not apply  to:  (A)  the

S. 2007--A                          7

renewal of stop loss, catastrophic or reinsurance coverage issued and in
effect  on  January first, two thousand fifteen to small groups covering
between fifty-one and one hundred employees or members of the group; and
(B)  the issuance between January first, two thousand sixteen and Decem-
ber thirty-first, two thousand sixteen, of stop  loss,  catastrophic  or
reinsurance coverage, and any renewal thereof, to a small group covering
between  fifty-one  and  one  hundred employees or members of the group,
provided that such group had  stop  loss,  catastrophic  or  reinsurance
coverage issued and in effect on January first, two thousand fifteen.]
  §  5.  Paragraph  1 of subsection (a) of section 4317 of the insurance
law, as amended by section 72 of part D of chapter 56  of  the  laws  of
2013, is amended to read as follows:
  (1) No individual health insurance contract and no group health insur-
ance contract covering between one and fifty employees or members of the
group, [or between one and one hundred employees or members of the group
for  policies  issued or renewed on or after January first, two thousand
sixteen] exclusive of spouses and dependents,  including  contracts  for
which the premiums are paid by a remitting agent for a group, hereinaft-
er referred to as a small group, providing hospital and/or medical bene-
fits, including Medicare supplemental insurance, shall be issued in this
state  unless  such contract is community rated and, notwithstanding any
other provisions of law, the underwriting of such contract  involves  no
more  than  the  imposition  of  a  pre-existing condition limitation if
otherwise permitted by this article.
  § 6. Paragraph 1 of subsection (e) of section 4317  of  the  insurance
law, as amended by chapter 12 of the laws of 2016, is amended to read as
follows:
  (1)  Notwithstanding  any other provision of this chapter, no insurer,
subsidiary of an insurer, or controlled  person  of  a  holding  company
system may act as an administrator or claims paying agent, as opposed to
an  insurer,  on  behalf of small groups which, if they purchased insur-
ance, would be subject to this section.  No  insurer  may  provide  stop
loss,  catastrophic  or  reinsurance  coverage to small groups which, if
they purchased insurance, would be subject to this  section.  [Provided,
however,  the  provisions  of this paragraph shall not apply to: (A) the
renewal of stop loss, catastrophic or reinsurance coverage issued and in
effect on January first, two thousand fifteen to small  groups  covering
between fifty-one and one hundred employees or members of the group; and
(B) the issuance between January first, two thousand sixteen, and Decem-
ber  thirty-first,  two  thousand sixteen, of stop loss, catastrophic or
reinsurance coverage, and any renewal thereof, to a small group covering
between fifty-one and one hundred employees or  members  of  the  group,
provided  that  such  group  had  stop loss, catastrophic or reinsurance
coverage issued and in effect on January first, two thousand fifteen.]
  § 7. Paragraph 1 of subsection (g) of section 3231  of  the  insurance
law, as amended by chapter 12 of the laws of 2016, is amended to read as
follows:
  (1)  [(A)] This section shall also apply to policies issued to a group
defined in subsection (c) of section four thousand two  hundred  thirty-
five  of  this  chapter,  including but not limited to an association or
trust of employers, if the group includes one or more  member  employers
or  other member groups having [one hundred] FIFTY or fewer employees or
members exclusive of spouses and dependents.  For  a  policy  issued  or
renewed  on  or after January first, two thousand fourteen, if the group
includes one or more member small group employers eligible for  coverage
subject  to this section, then such member employers shall be classified

S. 2007--A                          8

as small groups for rating purposes and the remaining members  shall  be
rated  consistent  with  the  rating  rules applicable to such remaining
members pursuant to paragraph two of this subsection. [(B)  Subparagraph
A  of  this  paragraph shall not apply to either the renewal of a policy
issued to a group or the issuance, between January first,  two  thousand
sixteen  and  December  thirty-first, two thousand sixteen, of a policy,
and any renewal thereof, to a group, provided that the  following  three
requirements are met: (I) the group had been issued a policy that was in
effect  on  July  first, two thousand fifteen; (II) the group had member
employers, who, on or after  July  first,  two  thousand  fifteen,  have
between  fifty-one  and  one hundred employees, exclusive of spouses and
dependents; and (III) the group is either: (i) comprised entirely of one
or more municipal corporations or districts (as such terms  are  defined
in section one hundred nineteen-n of the general municipal law); or (ii)
comprised entirely of nonpublic schools providing education in any grade
from pre-kindergarten through twelfth grade.]
  §  8.  Paragraph  1 of subsection (d) of section 4317 of the insurance
law, as amended by chapter 12 of the laws of 2016, is amended to read as
follows:
  (1) [(A)] This section shall also apply to  a  contract  issued  to  a
group  defined  in  subsection  (c) of section four thousand two hundred
thirty-five of this chapter, including but not limited to an association
or trust of employers, if the group includes one or more member  employ-
ers or other member groups having [one hundred] FIFTY or fewer employees
or members exclusive of spouses and dependents. For a contract issued or
renewed  on  or after January first, two thousand fourteen, if the group
includes one or more member small group employers eligible for  coverage
subject  to this section, then such member employers shall be classified
as small groups for rating purposes and the remaining members  shall  be
rated  consistent  with  the  rating  rules applicable to such remaining
members pursuant to paragraph two of this subsection. [(B)  Subparagraph
A  of this paragraph shall not apply to either the renewal of a contract
issued to a group or the issuance, between January first,  two  thousand
sixteen  and December thirty-first, two thousand sixteen, of a contract,
and any renewal thereof, to a group, provided that the  following  three
requirements  are met: (I) the group had been issued a contract that was
in effect on July first, two thousand fifteen; (II) the group had member
employers, who, on or after  July  first,  two  thousand  fifteen,  have
between  fifty-one  and  one hundred employees, exclusive of spouses and
dependents; and (III) the group is either: (i) comprised entirely of one
or more municipal corporations or districts (as such terms  are  defined
in section one hundred nineteen-n of the general municipal law); or (ii)
comprised entirely of nonpublic schools providing education in any grade
from pre-kindergarten through twelfth grade.]
  § 9. Section 7 of chapter 12 of the laws of 2016 relating to directing
the superintendent of financial services to contract with an independent
entity  to conduct an assessment regarding the impact of the prohibition
on the sale of stop loss, catastrophic and reinsurance coverage  to  the
small group market, is REPEALED.
  § 10. Item (i) of subparagraph (C) of paragraph 2 of subsection (c) of
section 4304 of the insurance law, as amended by chapter 388 of the laws
of 2014, is amended to read as follows:
  (i)  Discontinuance  of  a  class of contract upon not less than [five
months'] NINETY DAYS' prior written notice. In exercising the option  to
discontinue  coverage  pursuant  to  this item, the corporation must act
uniformly without regard to any health status-related factor of enrolled

S. 2007--A                          9

individuals or individuals who may become eligible for such coverage and
must offer to subscribers or group remitting agents, as may be appropri-
ate, the option to purchase all other individual health insurance cover-
age  currently  being  offered  by the corporation to applicants in that
market. Provided, however, the  superintendent  may,  after  giving  due
consideration to the public interest, approve a request made by a corpo-
ration  for  the  corporation  to  satisfy the requirements of this item
through the offering of contracts at each level of coverage  as  defined
in section 1302(d) of the affordable care act, 42 U.S.C. § 18022(d) that
contains  the  benefits  described in paragraph one of subsection (b) of
section four thousand three hundred twenty-eight of this [chapter] ARTI-
CLE by another corporation, insurer or health  maintenance  organization
within  the  corporation's  same  holding  company system, as defined in
article fifteen of this chapter.
  § 11. Subparagraph (B) of paragraph 1 of  subsection  (g)  of  section
2101  of  the  insurance  law,  as amended by chapter 301 of the laws of
2008, is amended to read as follows:
  (B) any officer, director or regular salaried employee of  an  insurer
authorized  to  write  accident  and  health  insurance,  a  corporation
licensed under article forty-three of  this  chapter  (collectively,  as
used  in  this  paragraph,  a  "health insurer") or a health maintenance
organization, or any manager thereof, individual or corporate, when  the
claim to be adjusted is issued or administered by another health insurer
or  health  maintenance  organization  within  the  same holding company
system as the health insurer or health maintenance organization  adjust-
ing the claim OR IS ADJUSTED ON BEHALF OF A MUNICIPAL COOPERATIVE HEALTH
BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER;
  §  12.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2017; provided,
however that section one of this act shall be deemed  to  have  been  in
full  force  and  effect on and after January 1, 2018; provided, however
that the amendments to paragraph 1 of subsection (g) and paragraph 1  of
subsection  (h)  of  section 3231, and paragraph 1 of subsection (d) and
paragraph 1 of subsection (e) of section 4317 of the insurance law  made
by  sections  seven,  four, eight and six of this act respectively shall
not affect the expiration and reversion of  such  paragraphs  and  shall
expire and be deemed repealed therewith.

                                 PART D

  Section 1. Intentionally omitted.
  § 1-a. The public health law is amended by adding a new section 280 to
read as follows:
  §  280.  HIGH COST DRUGS. 1. THE LEGISLATURE HEREBY FINDS AND DECLARES
THAT THERE IS A SIGNIFICANT PUBLIC INTEREST FOR THE STATE TO MANAGE  THE
COST OF DRUGS IN A MANNER THAT IMPROVES HEALTHCARE OUTCOMES FOR PATIENTS
WITHOUT  RESTRICTING  ACCESS  OR  STIFLING INNOVATION.   IT IS THEREFORE
INTENDED THAT THE DEPARTMENT BE PERMITTED  TO  LIMIT  UNJUSTIFIABLE  AND
SUDDEN  PRICE  INCREASES  ON:    (A)  EXISTING  DRUGS THROUGH PREVIOUSLY
ENACTED PROVISIONS OF LAW; (B) OFFSET THE COST OF SIMILAR  INCREASES  ON
EXISTING  BRAND  DRUGS  THROUGH  FEDERALLY  ENACTED REGULATIONS; AND (C)
IMPOSE AN OVERALL LIMIT ON THE AMOUNT THE STATE  SPENDS  ON  DRUGS  THAT
FAIL  TO  GENERATE  CORRESPONDING  HEALTHCARE OFFSETS OR SAVINGS FOR THE
TAXPAYER.
  2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF STATE  LAW,  RULE  OR
REGULATION  TO  THE  CONTRARY,  SUBJECT TO FEDERAL APPROVAL, THE YEAR TO

S. 2007--A                         10

YEAR RATE OF GROWTH OF DEPARTMENT OF HEALTH STATE  FUNDS  MEDICAID  DRUG
SPENDING SHALL NOT EXCEED FIVE PERCENT PLUS THE TEN YEAR ROLLING AVERAGE
OF THE MEDICAL COMPONENT OF THE CONSUMER PRICE INDEX AS PUBLISHED BY THE
UNITED  STATES  DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS, FOR THE
PRECEDING TEN YEAR OR MORE THAN DOUBLE THE ANNUAL TOTAL MEDICAID GROWTH,
WHICHEVER IS GREATER.
  (A) FOR THE PURPOSES OF THIS SECTION, THE  MEDICAID  DRUG  EXPENDITURE
SHALL  MEAN  THE  TOTAL AMOUNT OF STATE FUNDS EXPENDED FOR DRUGS IN BOTH
THE MEDICAID FEE-FOR-SERVICE AND MEDICAID MANAGED CARE PROGRAMS.
  (B) DRUG EXPENDITURES SHALL BE A SEPARATELY ACCOUNTED COMPONENT WITHIN
THE MEDICAID GLOBAL CAP, AS DEFINED IN SECTION NINETY-ONE OF PART  H  OF
CHAPTER FIFTY-NINE OF THE LAWS OF TWO THOUSAND ELEVEN.
  (C)  THE  DEPARTMENT  IN CONJUNCTION WITH THE DIVISION OF BUDGET SHALL
MAINTAIN AN ACCOUNTING OF THE TOTAL AMOUNT EXPENDED FOR  EACH  DRUG  AND
ITS  PERCENTAGE  OF  THE TOTAL DRUG EXPENDITURE FOR ALL DRUGS COVERED IN
THE MEDICAID PROGRAM.
  (D) THE DEPARTMENT AND DIVISION OF BUDGET SHALL CONDUCT AN  AUDIT  AND
ACCOUNTING  OF  THE  MEDICAID  DRUG EXPENDITURE ON A BASIS NECESSARY FOR
MANAGEMENT OF THE DRUG EXPENDITURE COMPONENT.
  (E) IF ON THE BASIS OF THE AUDIT AND ACCOUNTING REQUIREMENTS  OF  THIS
SECTION, A DRUG OR DRUGS ARE DETERMINED TO CAUSE THE TOTAL MEDICAID DRUG
EXPENDITURE  TO  EXCEED  THE  ANNUAL  GROWTH LIMITATION OF THIS SECTION,
WITHOUT CORRESPONDING HEALTH CARE OFFSETS OR SAVINGS, THE DEPARTMENT MAY
IMPOSE A SUPPLEMENTAL REBATE IN PROPORTION TO THE AMOUNT THE DRUG CAUSES
THE TOTAL MEDICAID DRUG EXPENDITURE TO EXCEED THE ANNUAL GROWTH LIMIT.
  (F) SUPPLEMENTAL REBATE RECEIVED BY THE STATE UNDER THIS SECTION  THAT
ARE  A  RESULT  OF DRUG UTILIZATION IN THE MEDICAID MANAGED CARE PROGRAM
SHALL BE CREDITED TO THE MEDICAID MANAGED CARE ORGANIZATION  IN  PROPOR-
TION TO THE ORGANIZATION'S CORRESPONDING DRUG UTILIZATION.
  3.  ANNUAL  DRUG EXPENDITURE GROWTH SHALL BE EQUAL TO THE TOTAL AMOUNT
EXPENDED ON DRUGS IN BOTH MEDICAID FEE-FOR-SERVICE AND MEDICAID  MANAGED
CARE  LESS  CORRESPONDING  MANUFACTURER REBATES AND CORRESPONDING HEALTH
CARE OFFSETS AND SAVINGS. THE FOLLOWING SHALL NOT BE  ACCOUNTED  TOWARDS
THE EXPENDITURE GROWTH LIMITATION OF SUBDIVISION TWO OF THIS SECTION:
  (A)  THE  AMOUNT  A  DRUG  REDUCES MEDICAID COSTS THROUGH AVOIDANCE OF
ALTERNATIVE PHARMACEUTICAL AND CLINICAL  TREATMENTS  COVERED  UNDER  THE
MEDICAID PROGRAM IN PROPORTION OF THE DRUG'S ATTRIBUTION OF SUCH PHARMA-
CEUTICAL AND CLINICAL OFFSETS OR SAVINGS.
  (B)  THE  AMOUNT  EXPENDED  ON  DRUGS  FOR  THE  TREATMENT OF EMERGING
DISEASES OR CONDITIONS AS DETERMINED BY THE COMMISSIONER.
  (C) THE AMOUNT EXPENDED ON DRUGS FOR THE TREATMENT  OF  OUTBREAKS  AND
EPIDEMICS AS DETERMINED BY THE COMMISSIONER.
  (D)  THE AMOUNT EXPENDED ON ANY DRUG OR CLASSES OF DRUGS DETERMINED BY
THE DRUG UTILIZATION REVIEW BOARD TO BE APPROPRIATELY PRICED IN  CONSID-
ERATION OF THE INVESTMENT NECESSARY FOR RESEARCH, DEVELOPMENT, AND REGU-
LATORY APPROVAL AND THE POPULATION THE DRUG SERVES.
  (E) THE AMOUNT EXPENDED ON ANY DRUG THAT THE DEPARTMENT HAS DETERMINED
NOT  TO  INCLUDE  IN  THE MEDICAID DRUG EXPENDITURE GROWTH LIMITATION IN
CONSIDERATION OF A SUPPLEMENTAL REBATE  OFFERED  TO  THE  STATE  BY  THE
MANUFACTURER.
  4. THE STATE SHALL USE AN INDEPENDENT ACTUARY TO DETERMINE:
  (A)  THE  AMOUNT  EXPENDED  ON  EACH  DRUG  AVAILABLE  IN THE MEDICAID
PROGRAM.
  (B) THE TOTAL AMOUNT EXPENDED ON ALL DRUGS IN THE MEDICAID PROGRAM.

S. 2007--A                         11

  (C) THE TOTAL AMOUNT OF ALL DRUG EXPENDITURES THAT ARE  EXCLUDED  FROM
THE  ANNUAL  GROWTH  LIMITATION  PURSUANT  TO  SUBDIVISION  TWO  OF THIS
SECTION.
  (D) THE PROPORTIONAL AMOUNT A DRUG CAUSES THE ANNUAL GROWTH LIMITATION
TO BE EXCEEDED.
  (E)  THE AMOUNT THE TOTAL EXPENDITURE FOR A DRUG RESULTS IN SAVINGS OR
OFFSET TO COSTS THAT WOULD HAVE OTHERWISE LIKELY OCCURRED IN  THE  STATE
MEDICAID  PROGRAM.  SAVINGS  AND  OFFSETS TO OTHER MEDICAID EXPENDITURES
SHALL BE DETERMINED BY CALCULATING:
  (I) THE TOTAL  STATE  MEDICAID  EXPENDITURE,  INCLUDING  CURRENT  DRUG
EXPENDITURE,  FOR  EACH  DISEASE,  MEDICAL CONDITION, AND OTHER AILMENTS
OCCURRING IN THE PRIOR FISCAL YEAR.
  (II) THE TOTAL STATE  MEDICAID  DRUG  EXPENDITURE  FOR  EACH  DISEASE,
MEDICAL  CONDITION,  AND  OTHER  AILMENTS  OCCURRING IN THE PRIOR FISCAL
YEAR.
  (III) THE TOTAL COST OF TREATMENT FOR EACH DISEASE, MEDICAL CONDITION,
OR OTHER AILMENT, ON A PER PATIENT BASIS, IN THE ABSENCE  OF  EACH  DRUG
SUBJECTED TO THE EXCESSIVE DRUG GROWTH SUPPLEMENTAL REBATE.
  (IV) THE COST OR SAVINGS OF TREATMENT FOR EACH DISEASE, MEDICAL CONDI-
TION, OR OTHER AILMENT, ON A PER PATIENT BASIS, AS A RESULT OF EACH DRUG
SUBJECTED TO THE EXCESSIVE DRUG GROWTH SUPPLEMENTAL REBATE.
  (F) THE AMOUNT OF THE SUPPLEMENTAL REBATE IMPOSED ON THE MANUFACTURER,
AS DETERMINED BY THE AMOUNT THE DRUG CAUSES THE ANNUAL GROWTH LIMITATION
TO  BE  EXCEEDED THAT DOES NOT RESULT IN SAVINGS OR OFFSET TO COSTS THAT
WOULD HAVE OTHERWISE OCCURRED IN THE STATE MEDICAID PROGRAM.
  5. THE DEPARTMENT SHALL NOTIFY THE MANUFACTURER WHEN A DRUG CAUSES THE
ANNUAL DRUG GROWTH LIMIT TO BE EXCEEDED AND THE  AMOUNT  OF  ANY  CORRE-
SPONDING  SUPPLEMENTAL  REBATE. THE MANUFACTURER SHALL HAVE THE RIGHT TO
REVIEW ANY DATA THE STATE IS RELYING UPON  IN  DETERMINING  THE  REBATE.
THE  MANUFACTURER SHALL HAVE THE RIGHT TO APPEAL TO THE DRUG UTILIZATION
REVIEW BOARD.
  6. THE DEPARTMENT SHALL CONSIDER ANY INFORMATION SUBMITTED BY  A  DRUG
MANUFACTURER REGARDING THE MANUFACTURING COSTS AND FISCAL SAVINGS AND/OR
OFFSETS  GENERATED  TO  THE  STATE  FOR A DRUG PRODUCT COVERED UNDER THE
STATE'S MEDICAID PROGRAM PRIOR  TO  MAKING  A  DETERMINATION  OF  ANNUAL
GROWTH  CALCULATION  OR  SUPPLEMENTAL  REBATE IMPOSITION. THE DEPARTMENT
SHALL MAKE SUCH MANUFACTURER INFORMATION AVAILABLE TO THE DRUG  UTILIZA-
TION REVIEW BOARD AND THE INDEPENDENT ACTUARY.
  7.  THE DEPARTMENT SHALL PROVIDE AN ANNUAL REPORT TO THE CHAIRS OF THE
ASSEMBLY AND  SENATE  HEALTH  COMMITTEES  REGARDING  THE  MEDICAID  DRUG
EXPENDITURE DETAILING:
  (A) THE ANNUAL GROWTH OF THE TOTAL MEDICAID DRUG EXPENDITURE.
  (B)  DRUGS  THAT  HAVE  CAUSED THE ANNUAL DRUG GROWTH LIMITATION TO BE
EXCEEDED.
  (C) DRUGS REQUIRING MANUFACTURERS  TO  PROVIDE  A  REBATE  UNDER  THIS
SECTION.
  (D)  DRUGS  THAT  WERE EXCLUDED FROM ANNUAL GROWTH CALCULATION AND THE
BASIS FOR EXCLUSION.
  (E) A SUMMARY OF ALL INFORMATION REQUIRED UNDER  SUBDIVISION  FOUR  OF
THIS SECTION.
  § 2. Intentionally omitted.
  §  2-a. The public health law is amended by adding a new section 278-a
to read as follows:
  § 278-A. LIMITATION ON EXCESSIVE PRICE INCREASES; PRESCRIPTION  DRUGS:
1.  IN THE EVENT A MANUFACTURER, AS DEFINED IN SUBDIVISION TWENTY-ONE OF
SECTION SIXTY-EIGHT HUNDRED TWO OF THE EDUCATION  LAW,  OF  A  BRAND  OR

S. 2007--A                         12

GENERIC DRUG, MADE AVAILABLE IN NEW YORK, INCREASES THE WHOLESALE ACQUI-
SITION  COST  (WAC)  OF A DRUG BY A PERCENT EQUAL TO OR GREATER THAN ONE
HUNDRED PERCENT AT ANY ONE TIME OR IN THE AGGREGATE IN ANY TWELVE  MONTH
PERIOD OR IF A MANUFACTURER OF A GENERIC DRUG WITH A FIFTY DOLLAR WHOLE-
SALE  ACQUISITION  COST  (WAC)  PRICE  FOR A THIRTY DAY SUPPLY INCREASES
THEIR SUPPLY BY ONE HUNDRED PERCENT OR MORE AT ANY ONE TIME  OR  IN  THE
AGGREGATE IN ANY TWELVE MONTH PERIOD:
  (A)  THE MANUFACTURER SHALL, NOT LESS THAN THIRTY DAYS PRIOR TO INSTI-
TUTING SUCH INCREASE, NOTIFY THE COMMISSIONER AND THE  DRUG  UTILIZATION
REVIEW  BOARD  ESTABLISHED  UNDER SECTION THREE HUNDRED SIXTY-NINE-BB OF
THE SOCIAL SERVICES LAW. NOTICE SHALL BE PROVIDED  ON  THE  FORM  ESTAB-
LISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION; AND
  (B)  THE  COMMISSIONER SHALL REQUIRE PRIOR AUTHORIZATION AND AUTHORIZE
MEDICAID MANAGED CARE PLANS TO REQUIRE PRIOR AUTHORIZATION FOR THE  DRUG
EFFECTIVE  AS  OF  THE DATE OF THE PRICE INCREASE AND CONTINUING UNTIL A
DETERMINATION IS MADE BY THE DRUG UTILIZATION REVIEW BOARD.
  2. THE COMMISSIONER, IN CONSULTATION WITH THE DRUG UTILIZATION  REVIEW
BOARD,  SHALL  PRODUCE  AND  MAKE  AVAILABLE  TO  MANUFACTURERS  A PRICE
INCREASE NOTIFICATION FORM THAT SHALL ELICIT:
  (A) THE MOST RECENT WHOLESALE ACQUISITION COST (WAC) OF THE DRUG PRIOR
TO AN INCREASE EQUAL TO OR GREATER THAN ONE HUNDRED PERCENT AT  ANY  ONE
TIME  OR  IN  THE AGGREGATE IN ANY TWELVE MONTH PERIOD IN EITHER PRICING
MEASURE. FOR THE PURPOSES OF THIS  SECTION  WHOLESALE  ACQUISITION  COST
(WAC) SHALL INCLUDE THE PRICES FOR EACH DOSAGE, SIZE OR CONCENTRATION OF
THE DRUG OFFERED OR SOLD BY THE MANUFACTURER;
  (B)  THE  WHOLESALE  ACQUISITION COST (WAC) OF THE DRUG WHEN EXCEEDING
THE ONE HUNDRED PERCENT THRESHOLD;
  (C) ANY MATERIAL CHANGE IN INGREDIENT,  PRODUCTION,  OR  MANUFACTURING
COSTS RESULTING IN THE PRICE INCREASE;
  (D) IN THE CASE OF A BRAND DRUG, THE EXPIRATION DATE OF THE PATENT;
  (E)  IN  THE CASE OF A GENERIC DRUG, WHETHER THE DRUG IS A SOLE SOURCE
DRUG; AND
  (F) ANY OTHER INFORMATION  THE  MANUFACTURER  DEEMS  RELEVANT  TO  THE
BOARD'S REVIEW.
  3. UPON RECEIPT OF A PRICE INCREASE NOTIFICATION FORM, THE DRUG UTILI-
ZATION  REVIEW BOARD SHALL REVIEW THE PRICE INCREASE AND MAKE A DETERMI-
NATION AS TO WHETHER THE PRICE INCREASE IS EXCESSIVE. IN MAKING A DETER-
MINATION THE BOARD SHALL CONSIDER:
  (A) THE WHOLESALE ACQUISITION COST (WAC) OF THE DRUG IN COMPARISON  TO
ANY GENERIC EQUIVALENT OR THERAPEUTICALLY EQUIVALENT DRUG;
  (B) THE FDA APPROVED OR COMPENDIUM SUPPORTED USE OF THE DRUG AND CRIT-
ICAL NEED TO THE PATIENT;
  (C)  ANY KNOWN MARKET FACTORS JUSTIFYING THE PRICE INCREASE, INCLUDING
BUT NOT LIMITED TO:
  (I) WHETHER THE DRUG HAS BEEN ABSENT FROM THE MARKET FOR ANY PERIOD OF
TIME; AND
  (II) CHANGES IN MANUFACTURING OR REGULATORY REQUIREMENTS OR COSTS.
  (D) ANY MATERIAL CHANGE IN THE PREVALENCE OR SEVERITY OF  THE  DISEASE
OR MEDICAL CONDITION OR CONDITIONS THAT THE DRUG IS APPROVED TO TREAT;
  (E)  IN  THE  CASE OF A BRAND DRUG, THE EXPIRATION DATE OF THE PATENT;
AND
  (F) IN THE CASE OF A GENERIC DRUG, WHETHER THE DRUG IS A  SOLE  SOURCE
DRUG.
  4. UPON A FINDING BY THE DRUG UTILIZATION REVIEW BOARD THAT A MANUFAC-
TURER  HAS  INSTITUTED  AN EXCESSIVE PRICE INCREASE, (A) THE BOARD SHALL
REQUIRE PRIOR AUTHORIZATION FOR THE DRUG AND AUTHORIZE MEDICAID  MANAGED

S. 2007--A                         13

CARE  PLANS  TO  REQUIRE  PRIOR AUTHORIZATION UNTIL THE BOARD DETERMINES
OTHERWISE; AND (B) THE BOARD MAY REFER THE MATTER TO THE ATTORNEY GENER-
AL WITH ANY INFORMATION NECESSARY FOR THE INVESTIGATION AND  PROSECUTION
OF  PRICE  GOUGING VIOLATIONS UNDER SECTION THREE HUNDRED NINETY-SIX-RRR
OF THE GENERAL BUSINESS LAW. IN THE EVENT THE BOARD DOES NOT  FIND  THAT
THE  MANUFACTURER  HAS ENGAGED IN AN EXCESSIVE PRICE INCREASE, THE BOARD
SHALL REMOVE THE REQUIREMENT FOR PRIOR AUTHORIZATION AND SUCH  AUTHORITY
GRANTED  TO MEDICAID MANAGED CARE PLANS TO INSTITUTE PRIOR AUTHORIZATION
UNDER THIS SECTION SHALL CEASE.
  § 2-b. The general business law is amended by  adding  a  new  section
396-rrr to read as follows:
  §  396-RRR. PRICE GOUGING; PRESCRIPTION DRUGS. 1. LEGISLATIVE FINDINGS
AND DECLARATION. THE  LEGISLATURE  HEREBY  FINDS  THAT  EXCESSIVE  PRICE
INCREASES  TO PRESCRIPTION DRUGS THAT LACK JUSTIFICATION BASED ON MARKET
FORCES CREATE A PUBLIC HEALTH RISK  TO  CONSUMERS  THAT  RELY  ON  THESE
PRESCRIPTION  DRUGS.  IN  ORDER TO PREVENT A MANUFACTURER, AS DEFINED IN
SUBDIVISION TWENTY-ONE OF SECTION SIXTY-EIGHT HUNDRED TWO OF THE  EDUCA-
TION  LAW,  FROM  TAKING UNFAIR ADVANTAGE OF CONSUMERS WHO RELY UPON AND
MAY LOSE ACCESS TO THE PRESCRIPTION DRUGS IF THE MEDICATION HAS A SUDDEN
AND EXCESSIVE PRICE INCREASE, THE LEGISLATURE DECLARES THAT  THE  PUBLIC
INTEREST  REQUIRES  THAT  SUCH CONDUCT BE PROHIBITED AND MADE SUBJECT TO
CIVIL PENALTIES.
  2. IN ORDER TO PREVENT A DRUG MANUFACTURER, AS DEFINED IN  SUBDIVISION
TWENTY-ONE OF SECTION SIXTY-EIGHT HUNDRED TWO OF THE EDUCATION LAW, FROM
IMPOSING UNCONSCIONABLY AND UNJUSTIFIABLY EXCESSIVE PRICE INCREASES, THE
ATTORNEY  GENERAL  MAY,  UPON  REFERRAL FROM THE DRUG UTILIZATION REVIEW
BOARD AS CODIFIED IN SECTION TWO HUNDRED SEVENTY-EIGHT-A OF  THE  PUBLIC
HEALTH  LAW, APPLY IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO
THE SUPREME COURT WITHIN THE JUDICIAL DISTRICT IN WHICH SUCH  VIOLATIONS
ARE  ALLEGED  TO  HAVE  OCCURRED,  ON  NOTICE OF FIVE DAYS, FOR AN ORDER
ENJOINING OR RESTRAINING COMMISSION OR CONTINUANCE OF THE ALLEGED UNLAW-
FUL ACTS. IN ANY SUCH PROCEEDING, THE COURT MAY IMPOSE A  CIVIL  PENALTY
IN  AN  AMOUNT  NOT  TO  EXCEED  TWENTY-FIVE THOUSAND DOLLARS AND, WHERE
APPROPRIATE, ORDER RESTITUTION TO AGGRIEVED CONSUMERS.
  3. WHETHER A PRICE IS UNCONSCIONABLY AND UNJUSTIFIABLY EXCESSIVE IS  A
QUESTION  OF  LAW  FOR  THE  COURT.  THE  COURT'S  DETERMINATION  THAT A
VIOLATION OF THIS SECTION HAS OCCURRED SHALL BE BASED UPON THE FOLLOWING
FACTORS:
  (A) THE INCREASE IN PRICE IS UNCONSCIONABLY EXTREME;
  (B) THE DRUG IS VITAL AND MEDICALLY NECESSARY TO  THE  HEALTH  OF  THE
CONSUMER;
  (C)  THE  DRUG IS A SOLE SOURCE DRUG WITHOUT A THERAPEUTIC EQUIVALENT;
AND
  (D) THE PRICE INCREASE WAS WITHIN THE CONTROL OF THE MANUFACTURER  AND
NOT  CAUSED  BY  COSTS  IMPOSED  ON OR FACTORS BEYOND THE CONTROL OF THE
MANUFACTURER.
  § 3. Intentionally omitted.
  § 4. Intentionally omitted.
  § 5. Intentionally omitted.
  § 6. Intentionally omitted.
  § 7. The opening paragraph and subparagraphs (i) and (ii) of paragraph
(b) and paragraph (d) of subdivision 9 of section 367-a  of  the  social
services  law,  the  opening  paragraph  and paragraph (d) as amended by
chapter 19 of the laws of 1998, subparagraphs (i) and (ii) of  paragraph
(b) as amended by section 2 of part C of chapter 60 of the laws of 2014,
subparagraph  (i)  of paragraph (d) as amended by section 10-a of part H

S. 2007--A                         14

of chapter 59 of the laws of 2011 and subparagraph (ii) of paragraph (d)
as amended by section 48 of part C of chapter 58 of the  laws  of  2009,
are amended to read as follows:
  Notwithstanding any inconsistent provision of law or regulation to the
contrary,  for  those  drugs  which  may  not  be  dispensed  without  a
prescription as required by  section  sixty-eight  hundred  ten  of  the
education  law and for which payment is authorized pursuant to paragraph
(g) of subdivision two of section three  hundred  sixty-five-a  of  this
title,  AND FOR THOSE DRUGS THAT ARE AVAILABLE WITHOUT A PRESCRIPTION AS
REQUIRED BY SECTION SIXTY-EIGHT HUNDRED TEN OF THE EDUCATION LAW BUT ARE
REIMBURSED AS ITEMS OF MEDICAL ASSISTANCE PURSUANT TO PARAGRAPH  (A)  OF
SUBDIVISION  FOUR  OF  SECTION THREE HUNDRED SIXTY-FIVE-A OF THIS TITLE,
payments under this title shall be made at the following amounts:
  (i) [if the drug dispensed is a multiple source prescription drug  for
which  an  upper  limit has been set by the federal centers for medicare
and medicaid services, the lower of: (A) an amount equal to the specific
upper  limit  set  by  such  federal  agency  for  the  multiple  source
prescription  drug;  (B)  the estimated acquisition cost of such drug to
pharmacies which, for purposes of  this  subparagraph,  shall  mean  the
average wholesale price of a prescription drug based on the package size
dispensed  from,  as  reported  by the prescription drug pricing service
used by the department, less twenty-five percent thereof; (C) the  maxi-
mum  acquisition  cost, if any, established pursuant to paragraph (e) of
this subdivision, provided that the methodology used by  the  department
to establish a maximum acquisition cost shall not include average acqui-
sition  cost  as determined by department surveys; or (D) the dispensing
pharmacy's usual and customary price charged to the general public; and]
IF THE DRUG DISPENSED IS A GENERIC PRESCRIPTION DRUG, OR IS A DRUG  THAT
IS  AVAILABLE  WITHOUT A PRESCRIPTION AS REQUIRED BY SECTION SIXTY-EIGHT
HUNDRED TEN OF THE EDUCATION LAW BUT IS REIMBURSED AS AN ITEM OF MEDICAL
ASSISTANCE PURSUANT TO PARAGRAPH (A)  OF  SUBDIVISION  FOUR  OF  SECTION
THREE  HUNDRED  SIXTY-FIVE-A  OF THIS TITLE, THE LOWER OF: (A) AN AMOUNT
EQUAL TO THE NATIONAL AVERAGE DRUG ACQUISITION COST SET BY  THE  FEDERAL
CENTERS  FOR  MEDICARE AND MEDICAID SERVICES FOR THE DRUG, IF ANY, OR IF
SUCH AMOUNT IF NOT AVAILABLE, THE WHOLESALE ACQUISITION COST OF THE DRUG
BASED  ON  THE  PACKAGE  SIZE  DISPENSED  FROM,  AS  REPORTED   BY   THE
PRESCRIPTION DRUG PRICING SERVICE USED BY THE DEPARTMENT; (B) THE FEDER-
AL  UPPER LIMIT, IF ANY, ESTABLISHED BY THE FEDERAL CENTERS FOR MEDICARE
AND MEDICAID SERVICES; (C) THE STATE MAXIMUM ACQUISITION COST,  IF  ANY,
ESTABLISHED  PURSUANT  TO  PARAGRAPH (E) OF THIS SUBDIVISION; OR (D) THE
DISPENSING PHARMACY'S USUAL AND CUSTOMARY PRICE CHARGED TO  THE  GENERAL
PUBLIC;
  (ii) if the drug dispensed is [a multiple source prescription drug or]
a  brand-name  prescription  drug [for which no specific upper limit has
been set by such federal agency], the lower of [the  estimated  acquisi-
tion  cost of such drug to pharmacies or the dispensing pharmacy's usual
and customary price charged to the general public. For sole and multiple
source brand name drugs, estimated acquisition cost  means  the  average
wholesale  price  of  a  prescription  drug  based upon the package size
dispensed from, as reported by the  prescription  drug  pricing  service
used  by the department, less seventeen percent thereof or the wholesale
acquisition  cost  of  a  prescription  drug  based  upon  package  size
dispensed  from,  as  reported  by the prescription drug pricing service
used by the department, minus  zero  and  forty-one  hundredths  percent
thereof,  and  updated  monthly  by  the department. For multiple source
generic drugs, estimated acquisition cost means the lower of the average

S. 2007--A                         15

wholesale price of  a  prescription  drug  based  on  the  package  size
dispensed  from,  as  reported  by the prescription drug pricing service
used by the department, less twenty-five percent thereof, or the maximum
acquisition  cost, if any, established pursuant to paragraph (e) of this
subdivision, provided that the methodology used  by  the  department  to
establish  a maximum acquisition cost shall not include average acquisi-
tion cost as determined by department surveys.]:
  (A) AN AMOUNT EQUAL TO THE NATIONAL AVERAGE DRUG ACQUISITION COST  SET
BY  THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES FOR THE DRUG,
IF ANY, OR IF SUCH AMOUNT IS NOT AVAILABLE,  THE  WHOLESALE  ACQUISITION
COST  OF  THE DRUG BASED ON THE PACKAGE SIZE DISPENSED FROM, AS REPORTED
BY THE PRESCRIPTION DRUG PRICING SERVICE USED BY THE DEPARTMENT; OR  (B)
THE  DISPENSING  PHARMACY'S  USUAL  AND  CUSTOMARY  PRICE CHARGED TO THE
GENERAL PUBLIC; AND
  (d) In addition to the amounts paid pursuant to paragraph (b) of  this
subdivision  [to  pharmacies  for those drugs which may not be dispensed
without a prescription, as required by section sixty-eight  hundred  ten
of  the  education  law  and for which payment is authorized pursuant to
paragraph (g) of subdivision two of section three  hundred  sixty-five-a
of  this  title],  the  department  shall  pay  a  PROFESSIONAL pharmacy
dispensing fee for  each  such  [prescription]  drug  dispensed[,  which
dispensing fee shall not be less than the following amounts:
  (i)  for prescription drugs categorized as generic by the prescription
drug pricing service used by the department,  three  dollars  and  fifty
cents per prescription; and
  (ii)  for  prescription  drugs  categorized as brand-name prescription
drugs by the prescription drug pricing service used by  the  department,
three  dollars and fifty cents per prescription, provided, however, that
for brand name prescription drugs reimbursed  pursuant  to  subparagraph
(ii)  of  paragraph  (a-1)  of subdivision four of section three hundred
sixty-five-a of this title, the dispensing fee shall be four dollars and
fifty cents per prescription]  IN  THE  AMOUNT  OF  TWELVE  DOLLARS  PER
PRESCRIPTION  OR WRITTEN ORDER OF A PRACTITIONER; PROVIDED, HOWEVER THAT
THIS PROFESSIONAL DISPENSING FEE WILL NOT APPLY TO DRUGS THAT ARE AVAIL-
ABLE 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 SECURITY ACT.
  § 8. It shall be an unacceptable  practice  in  the  Medicaid  program
established pursuant to title 11 of article 5 of the social services law
for  a provider to prescribe opioids in violation of the requirements of
paragraph (g-1) of subdivision 2  of  section  365-a  of  such  law,  in
violation  of  any  other  applicable  law  limiting  or restricting the
prescribing of opioids, and/or contrary to recommendations issued by the
drug utilization review board  established  by  section  369-bb  of  the
social  services law, and such practice may result in the provider being
excluded from participation in the Medicaid program.    Exclusion  of  a
provider  from  the  Medicaid  program  under this section may not occur
unless there has been an order issued pursuant to a proceeding initiated
under section twelve-a of the public health law.
  § 9. Paragraph (g-1) of subdivision 2 of section 365-a of  the  social
services  law,  as  amended  by section 5 of part C of chapter 60 of the
laws of 2014, is amended to read as follows:
  (g-1) drugs provided on an in-patient basis, those drugs contained  on
the  list established by regulation of the commissioner of health pursu-
ant to subdivision four of this section, and those drugs which  may  not
be  dispensed  without a prescription as required by section sixty-eight

S. 2007--A                         16

hundred ten of the education law and which the  commissioner  of  health
shall determine to be reimbursable based upon such factors as the avail-
ability  of  such  drugs  or  alternatives at low cost if purchased by a
medicaid  recipient,  or the essential nature of such drugs as described
by such commissioner in regulations, provided, however, that such drugs,
exclusive of long-term maintenance drugs, shall be dispensed in  quanti-
ties no greater than a thirty day supply or one hundred doses, whichever
is  greater; provided further that the commissioner of health is author-
ized to require prior authorization for any  refill  of  a  prescription
when  more  than  a  ten  day  supply of the previously dispensed amount
should remain were the product used as normally  indicated,  OR  IN  THE
CASE  OF  A  CONTROLLED  SUBSTANCE,  AS  DEFINED IN SECTION THIRTY-THREE
HUNDRED TWO OF THE PUBLIC HEALTH LAW, WHEN MORE THAN A SEVEN DAY  SUPPLY
OF  THE  PREVIOUSLY DISPENSED AMOUNT SHOULD REMAIN WERE THE PRODUCT USED
AS NORMALLY INDICATED; provided further that the commissioner of  health
is  authorized to require prior authorization of prescriptions of opioid
analgesics in excess of four prescriptions in  a  thirty-day  period  in
accordance  with  section two hundred seventy-three of the public health
law; medical assistance shall not include any  drug  provided  on  other
than  an in-patient basis for which a recipient is charged or a claim is
made in the case of a prescription drug, in excess of the maximum  reim-
bursable  amounts to be established by department regulations in accord-
ance with standards established by the secretary of  the  United  States
department  of  health and human services, or, in the case of a drug not
requiring a prescription, in excess of the maximum  reimbursable  amount
established  by  the commissioner of health pursuant to paragraph (a) of
subdivision four of this section;
  § 10. Intentionally omitted.
  § 11. Intentionally omitted.
  § 12. Intentionally omitted.
  § 13. Intentionally omitted.
  § 14. Intentionally omitted.
  § 15. Intentionally omitted.
  § 16. Subparagraph (iii) of paragraph (c) of subdivision 6 of  section
367-a  of  the social services law, as amended by section 9 of part C of
chapter 60 of the laws of 2014, is amended to read as follows:
  (iii) Notwithstanding any other provision of this  paragraph,  co-pay-
ments  charged for each generic prescription drug dispensed shall be one
dollar and for each brand name  prescription  drug  dispensed  shall  be
[three dollars] TWO DOLLARS AND FIFTY CENTS; provided, however, that the
co-payments  charged  for  [each  brand  name  prescription  drug on the
preferred drug list established pursuant to section two  hundred  seven-
ty-two of the public health law or, for managed care providers operating
pursuant  to  section three hundred sixty-four-j of this title, for each
brand name prescription drug on a managed care provider's formulary that
such provider has designated as a preferred drug,  and  the  co-payments
charged  for]  each  brand name prescription drug reimbursed pursuant to
subparagraph (ii) of paragraph (a-1)  of  subdivision  four  of  section
three hundred sixty-five-a of this title shall be one dollar.
  § 17. Intentionally omitted.
  §  18.  The public health law is amended by adding a new section 276-a
to read as follows:
  § 276-A. MEDICAID DRUG REBATE REMITTANCE PROGRAM.  1.  THE  DEPARTMENT
SHALL  ESTABLISH  A  MEDICAID  DRUG  REBATE  REMITTANCE  PROGRAM FOR THE
PURPOSE OF WORKING COLLABORATIVELY WITH A QUALIFIED THIRD PARTY  VENDOR,
SELECTED  IN  A  MANNER  TO  BE DETERMINED BY THE COMMISSIONER WITHOUT A

S. 2007--A                         17

COMPETITIVE BID OR REQUEST FOR PROPOSAL, TO VALIDATE THE EXISTING  MEDI-
CAID  DRUG  REBATE CLAIMS AND DETERMINE WHETHER THE DATA CONTAINS DUPLI-
CATE CLAIMS OR CLAIMS ON WHICH REBATES MAY ALREADY HAVE BEEN PAID ALL OR
IN  PART  TO  MEDICARE PART D PLANS OR SOME OTHER THIRD PARTIES, OR WERE
OTHERWISE SUBJECT TO A DISCOUNT PURSUANT TO SECTION 340B OF  THE  PUBLIC
HEALTH  SERVICE  ACT,  42  U.S.C.  §  256B, IN ORDER TO RECTIFY DISPUTED
CLAIMS AND REDUCE INVALID DISPUTES BEFORE THE  DEPARTMENT.  A  QUALIFIED
THIRD PARTY VENDOR MUST POSSESS AND MAINTAIN, AT THE TIME OF APPLICATION
TO  THE  DEPARTMENT: (A) SECURE DATA INFRASTRUCTURE TO HOUSE LARGE CLAIM
DATA SETS; (B) PROVEN EXPERIENCE IN THE COLLECTION  AND  STANDARDIZATION
OF  MULTIPLE  STATE  MEDICAID  DATA  SETS; (C) AN ESTABLISHED SECURE WEB
PORTAL FOR MANUFACTURERS TO  ACCESS  THE  MANUFACTURER'S  LABELER  CLAIM
LEVEL  DATA; AND (D) A ROBUST VALIDATION TOOL FOR MANUFACTURERS TO IDEN-
TIFY VALID DISPUTES.
  2. FOR THE PURPOSES OF THIS  PROGRAM,  THE  DEPARTMENT  SHALL  PROVIDE
UTILIZATION   INFORMATION  TYING  TO  INVOICES  SENT  TO  PHARMACEUTICAL
MANUFACTURERS, WHICH HAVE ENTERED  INTO  A  REBATE  AGREEMENT  WITH  THE
DEPARTMENT OR WITH THE FEDERAL SECRETARY OF HEALTH AND HUMAN SERVICES ON
BEHALF  OF THE DEPARTMENT UNDER SECTION 1927 OF THE FEDERAL SOCIAL SECU-
RITY ACT, AND TO THIRD PARTY DATA VENDORS, FOR THE PURPOSE OF VALIDATING
CLAIMS SUBMITTED UNDER SUCH REBATE AGREEMENT OR  PROGRAM  INCLUDING  BUT
NOT  LIMITED TO, THE PROGRAM FOR ELDERLY PHARMACEUTICAL INSURANCE COVER-
AGE, AND THE MEDICAID DRUG REBATE PROGRAM IN GENERAL FOR THE PERIOD FROM
JANUARY FIRST, TWO THOUSAND FOURTEEN THROUGH JUNE THIRTIETH,  TWO  THOU-
SAND  EIGHTEEN.  SUCH  UTILIZATION INFORMATION SHALL INCLUDE, BUT NOT BE
LIMITED TO: PRESCRIPTION NUMBERS, NATIONAL DRUG CODES, NUMBER  OF  UNITS
DISPENSED,  CLAIMS  PAID  DATE,  DATE  OF SERVICE, PRESCRIBING PHYSICIAN
STATE IDENTIFICATION NUMBER, AMOUNT BILLED FOR EACH PRESCRIPTION, AMOUNT
OF REIMBURSEMENT RECEIVED FOR EACH PRESCRIPTION (INCLUDING  ANY  ADJUST-
MENT CODES), DISPENSING PHARMACY'S STATE IDENTIFICATION NUMBER, DISPENS-
ING  FEE,  ANY  APPLICABLE THIRD-PARTY PAYMENTS, APPLICABLE CO-PAYMENTS,
REFILL CODE, INTERNAL CLAIM NUMBER OF  THE  PRESCRIPTION,  DAYS  SUPPLY,
J-CODE CLAIMS INCLUDING SINGLE SOURCE AND MULTISOURCE PHYSICIAN ADMINIS-
TERED  DRUGS,  NPI  NUMBERS, MCO PLAN IDENTIFIER, MCO PLAN NAME, AND THE
NAME, ADDRESS, CITY, STATE AND ZIP CODE OF THE PRESCRIBING  PRACTITIONER
AND  PHARMACY.  THE  PRESCRIPTION  DRUG UTILIZATION INFORMATION SHALL BE
PROVIDED TO THE THIRD PARTY DATA VENDOR AS SOON AS PRACTICABLE FOLLOWING
ESTABLISHMENT OF THIS PROGRAM. THERE SHALL BE NO COST TO THE  DEPARTMENT
FOR  SERVICES PERFORMED BY THE THIRD PARTY DATA VENDOR. ANY PRESCRIPTION
DRUG UTILIZATION DATA PROVIDED TO THE THIRD PARTY DATA VENDOR UNDER THIS
PROGRAM SHALL NOT BE SHARED WITH  OTHER  PARTIES,  EXCEPT  PARTICIPATING
DRUG  MANUFACTURERS  WHO  HAVE  ENTERED INTO A REBATE AGREEMENT WITH THE
DEPARTMENT OR WITH THE FEDERAL SECRETARY OF HEALTH AND HUMAN SERVICES ON
BEHALF OF THE DEPARTMENT UNDER SECTION 1927 OF THE FEDERAL SOCIAL  SECU-
RITY ACT. UTILIZATION DATA PROVIDED UNDER THIS SECTION SHALL BE USED FOR
THE  FOLLOWING  PURPOSE:  REBATE  VALIDATION SERVICES FOR THE BENEFIT OF
DRUG COMPANIES AND  STATE/FEDERAL  AGENCIES  INCLUDING  DRUG  USE  TREND
REVIEW.  INDIVIDUAL PATIENT IDENTIFYING INFORMATION SHALL BE KEPT CONFI-
DENTIAL BY ANY PERSON OR ENTITY TO WHOM OR TO WHICH IT IS PROVIDED UNDER
THIS SECTION. THE DISCLOSURE OF THE FOREGOING  DATA  BY  THE  DEPARTMENT
SHALL BE CONSIDERED, FOR PURPOSES OF SECTION THREE HUNDRED SIXTY-NINE OF
THE  SOCIAL  SERVICES  LAW,  TO  BE DIRECTLY CONNECTED WITH THE ADMINIS-
TRATION OF MEDICAL ASSISTANCE FOR NEEDY PERSONS.
  3. THE DEPARTMENT SHALL SELECT A QUALIFIED VENDOR NO LATER  THAN  JUNE
FIRST, TWO THOUSAND SEVENTEEN. THE DEPARTMENT SHALL SUBSEQUENTLY PROVIDE
A REPORT ON THE RESULTS OF THE PROGRAM, WITH INPUT FROM STAKEHOLDERS, TO

S. 2007--A                         18

THE  GOVERNOR,  THE  DIRECTOR OF THE DIVISION OF BUDGET, THE STATE COMP-
TROLLER AND THE LEGISLATURE ON  OR  BEFORE  DECEMBER  THIRTY-FIRST,  TWO
THOUSAND  EIGHTEEN.    THE  REPORT  SHALL  INCLUDE  FINDINGS  AS  TO THE
PROGRAM'S  CONTRIBUTION  TO  IMPROVING  THE ABILITY OF THE DEPARTMENT TO
VALIDATE DRUG REBATE CLAIMS AND RECTIFY DISPUTED CLAIMS.
  § 19. 1. Medicaid FFS, the department of health  shall  make  biannual
assessments of non-preferred drugs in the best clinical interests of New
York  Medicaid beneficiaries. The department of health shall include, at
the manufacturer's option, a non-preferred drug as a preferred drug when
at least thirty-five percent of  prescriptions  filled  in  that  drug's
class  in the previous two quarters were for a non-preferred drug on the
PDL, provided that the manufacturer  of  such  previously  non-preferred
drug  agrees  to  the  rebate  required under section 1927 of the Social
Security Act and an additional supplemental rebate.  The  department  of
health  and  the manufacturer may negotiate the alternative supplemental
rebate. The previously non-preferred drug  will  not  be  disadvantaged,
including but not limited to imposing prior authorization or utilization
management requirements, to the other preferred drugs in its class other
than what is required by the FDA-approved label.
  2.  The  department  of  health  shall provide an annual report to the
legislature that outlines, with respect to any drug class on the PDL  in
which  only  a single therapeutic pathway, which may involve one or more
drugs prescribed in combination for the same patient, is preferred,  the
financial  impact of the state's PDL decision, the clinical evidence the
state relied on in establishing preferences for the class, and the clin-
ical criteria that permit beneficiaries to access non-preferred drug  in
such a class.
  § 20. Severability. If any clause, sentence, paragraph, or subdivision
of this section 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, or subdivision 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 section  would  have  been
enacted even if such invalid provisions had not been included herein.
  §  21.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2017; provided,
however, that sections nine and sixteen of this act  shall  take  effect
July 1, 2017; provided, further, that the amendments to paragraph (c) of
subdivision  6  of  section  367-a  of  the  social services law made by
section sixteen of this act shall not affect the repeal  of  such  para-
graph  and  shall  be  deemed repealed therewith; and provided, further,
that the amendments to subdivision 9 of  section  367-a  of  the  social
services  law  made  by  section  seven of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith.

                                 PART E

  Section 1. Intentionally omitted.
  § 2. Intentionally omitted.
  § 3. Intentionally omitted.
  § 4. Intentionally omitted.
  § 5. Intentionally omitted.
  § 6. Paragraph (m) of subdivision 2 of section  365-a  of  the  social
services  law, as amended by chapter 725 of the laws of 1989, is amended
to read as follows:

S. 2007--A                         19

  (m) hospice services provided by a hospice certified pursuant to arti-
cle forty of the public health law, to the extent that federal financial
participation is available AND THAT  SUCH  SERVICES  ARE  COVERED  UNDER
TITLE  XVIII OF THE FEDERAL SOCIAL SECURITY ACT, TO THE EXTENT THAT SUCH
COVERAGE  DOES  NOT  RESULT  IN A RATE OR REIMBURSEMENT REDUCTION TO THE
HEALTH CARE PLAN OR PROVIDER,  and,  notwithstanding  federal  financial
participation, COVERAGE UNDER TITLE XVIII OF THE FEDERAL SOCIAL SECURITY
ACT  TO  THE  EXTENT  THAT  SUCH  COVERAGE  DOES NOT RESULT IN A RATE OR
REIMBURSEMENT REDUCTION TO THE HEALTH CARE PLAN  OR  PROVIDER,  and  any
provision  of  law  or  regulation to the contrary, for hospice services
provided pursuant  to  the  hospice  supplemental  financial  assistance
program  for persons with special needs as provided for in article forty
of the public health law.
  § 6-a. Paragraph (d) of subdivision 1 of section 3614-c of the  public
health  law, as amended by chapter 56 of the laws of 2016, is amended to
read as follows:
  (d) "Home care aide" means a home health  aide,  personal  care  aide,
home  attendant  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) 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].
  § 6-b. Section 365-f of the social services law is amended  by  adding
two new subdivisions 4-a and 4-b to read as follows:
  4-A.  FISCAL  INTERMEDIARY  SERVICES.  (A)  FOR  THE  PURPOSES OF THIS
SECTION:
  (I) "FISCAL INTERMEDIARY" MEANS AN ENTITY THAT PROVIDES FISCAL  INTER-
MEDIARY SERVICES AND HAS A CONTRACT FOR PROVIDING SUCH SERVICES WITH:
  (A) A LOCAL DEPARTMENT OF SOCIAL SERVICES;
  (B)  AN  ORGANIZATION  LICENSED UNDER ARTICLE FORTY-FOUR OF THE PUBLIC
HEALTH LAW; OR
  (C) AN ACCOUNTABLE CARE ORGANIZATION CERTIFIED UNDER  ARTICLE  TWENTY-
NINE-E  OF  THE  PUBLIC  HEALTH  LAW  OR  AN  INTEGRATED DELIVERY SYSTEM
COMPOSED PRIMARILY OF HEALTH CARE PROVIDERS RECOGNIZED BY THE DEPARTMENT
AS A PERFORMING PROVIDER SYSTEM UNDER THE DELIVERY SYSTEM REFORM  INCEN-
TIVE PAYMENT PROGRAM.
  (II)   FISCAL   INTERMEDIARY  SERVICES  SHALL  INCLUDE  THE  FOLLOWING
SERVICES, PERFORMED ON BEHALF OF THE CONSUMER TO FACILITATE HIS  OR  HER
ROLE AS THE EMPLOYER:
  (A) WAGE AND BENEFIT PROCESSING FOR CONSUMER DIRECTED PERSONAL ASSIST-
ANTS;
  (B) PROCESSING ALL INCOME TAX AND OTHER REQUIRED WAGE WITHHOLDINGS;
  (C)  COMPLYING WITH WORKERS' COMPENSATION, DISABILITY AND UNEMPLOYMENT
REQUIREMENTS;
  (D) MAINTAINING PERSONNEL RECORDS FOR EACH CONSUMER DIRECTED  PERSONAL
ASSISTANT,  INCLUDING  TIME  SHEETS  AND  OTHER DOCUMENTATION NEEDED FOR
WAGES AND BENEFIT PROCESSING AND A COPY  OF  THE  MEDICAL  DOCUMENTATION
REQUIRED PURSUANT TO REGULATIONS ESTABLISHED BY THE COMMISSIONER;
  (E) ENSURING THAT THE HEALTH STATUS OF EACH CONSUMER DIRECTED PERSONAL
ASSISTANT  IS ASSESSED PRIOR TO SERVICE DELIVERY PURSUANT TO REGULATIONS
ISSUED BY THE COMMISSIONER;
  (F) MAINTAINING  RECORDS  OF  AUTHORIZATIONS  OR  REAUTHORIZATIONS  OF
SERVICES;

S. 2007--A                         20

  (G) MONITORING THE CONSUMER'S OR, IF APPLICABLE, THE DESIGNATED REPRE-
SENTATIVE'S  CONTINUING  ABILITY  TO FULFILL THE CONSUMER'S RESPONSIBIL-
ITIES UNDER THE PROGRAM AND PROMPTLY NOTIFYING THE AUTHORIZING ENTITY OF
ANY CIRCUMSTANCE THAT MAY AFFECT THE CONSUMER'S OR, IF  APPLICABLE,  THE
DESIGNATED REPRESENTATIVE'S ABILITY TO FULFILL SUCH RESPONSIBILITIES;
  (H)  COMPLYING WITH REGULATIONS ESTABLISHED BY THE COMMISSIONER SPECI-
FYING THE RESPONSIBILITIES OF PROVIDERS PROVIDING  SERVICES  UNDER  THIS
TITLE; AND
  (I)  ENTERING  INTO  A DEPARTMENT APPROVED MEMORANDUM OF UNDERSTANDING
WITH THE CONSUMER THAT DESCRIBES  THE  PARTIES'  RESPONSIBILITIES  UNDER
THIS PROGRAM.
  (III) FISCAL INTERMEDIARIES ARE NOT RESPONSIBLE FOR, AND FISCAL INTER-
MEDIARY  SERVICES SHALL NOT INCLUDE, FULFILLMENT OF THE RESPONSIBILITIES
OF THE CONSUMER OR, IF APPLICABLE, THE CONSUMER'S  DESIGNATED  REPRESEN-
TATIVE  AS  ESTABLISHED  BY  THE  COMMISSIONER.  A FISCAL INTERMEDIARY'S
RESPONSIBILITIES SHALL NOT INCLUDE, AND A FISCAL INTERMEDIARY SHALL  NOT
ENGAGE  IN:  MANAGING THE PLAN OF CARE INCLUDING RECRUITING AND HIRING A
SUFFICIENT NUMBER OF INDIVIDUALS WHO MEET  THE  DEFINITION  OF  CONSUMER
DIRECTED  PERSONAL ASSISTANT, AS SUCH TERM IS DEFINED BY THE COMMISSION-
ER, TO PROVIDE AUTHORIZED SERVICES THAT ARE INCLUDED ON  THE  CONSUMER'S
PLAN  OF  CARE;  TRAINING,  SUPERVISING  AND  SCHEDULING  EACH  CONSUMER
DIRECTED PERSONAL ASSISTANT; TERMINATING THE CONSUMER DIRECTED  PERSONAL
ASSISTANT'S EMPLOYMENT; OR ASSURING THAT EACH CONSUMER DIRECTED PERSONAL
ASSISTANT  COMPETENTLY  AND  SAFELY PERFORMS THE PERSONAL CARE SERVICES,
HOME HEALTH AIDE SERVICES AND SKILLED NURSING TASKS THAT ARE INCLUDED ON
THE CONSUMER'S PLAN  OF  CARE.  A  FISCAL  INTERMEDIARY  SHALL  EXERCISE
REASONABLE  CARE IN PROPERLY CARRYING OUT ITS RESPONSIBILITIES UNDER THE
PROGRAM.
  (B) NO ENTITY SHALL PROVIDE,  DIRECTLY  OR  THROUGH  CONTRACT,  FISCAL
INTERMEDIARY  SERVICES  WITHOUT A CERTIFICATION AS A FISCAL INTERMEDIARY
ISSUED BY THE COMMISSIONER IN ACCORDANCE WITH THIS SUBDIVISION.
  (C) AN APPLICATION FOR CERTIFICATION AS A FISCAL INTERMEDIARY SHALL BE
FILED WITH THE COMMISSIONER, TOGETHER WITH SUCH OTHER FORMS AND INFORMA-
TION AS SHALL BE PRESCRIBED BY, OR ACCEPTABLE TO THE COMMISSIONER.  SUCH
INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I)  THE  NAME,  EMPLOYER IDENTIFICATION NUMBER, AND MEDICAID PROVIDER
IDENTIFICATION NUMBER OF  THE  ORGANIZATION,  INCLUDING  ANY  SUBSIDIARY
CORPORATIONS,  IF  APPLICABLE,  AND ANY NAME UNDER WHICH THE ENTITY DOES
BUSINESS;
  (II) ALL ADDRESSES AT WHICH THE ORGANIZATION OPERATES;
  (III) THE NAMES, TITLES AND CONTACT INFORMATION OF  ALL  OFFICERS  AND
DIRECTORS  IN  A  NOT-FOR-PROFIT  COMPANY  OR BUSINESS, OR MANAGERS IN A
LIMITED LIABILITY COMPANY, AS WELL AS THE NAME AND EMPLOYMENT HISTORY OF
THE INDIVIDUAL ULTIMATELY ACCOUNTABLE FOR OPERATION OF THE FISCAL INTER-
MEDIARY; AND FOR A NOT-FOR-PROFIT ENTITY, THE NUMBER OF  DIRECTOR  POSI-
TIONS SET BY THE COMPANY'S BY-LAWS, AND HOW MANY ARE CURRENTLY FILLED;
  (IV)  A  HISTORY  OF  THE  ORGANIZATION, ALONG WITH AN OVERVIEW OF THE
ORGANIZATION AND ALL SERVICES IT  OFFERS,  INCLUDING  ANY  RELATIONSHIPS
WITH  OUTSIDE  AGENCIES THAT MAY INFLUENCE IN ANY WAY THE ABILITY OF THE
ORGANIZATION TO PROVIDE FISCAL INTERMEDIARY SERVICES CONSISTENT WITH THE
MANNER DESCRIBED IN ITS APPLICATION;
  (V) ALL POLICIES AND PROCEDURES OF THE FISCAL INTERMEDIARY,  INCLUDING
ANY CONTRACTS OR OTHER DOCUMENTS USED IN COMMUNICATIONS WITH CONSUMERS;
  (VI)  PLANS  TO  SOLICIT  AND  CONSIDER INPUT FROM THE FISCAL INTERME-
DIARY'S CONSUMERS,  STAFF,  PERSONAL  ASSISTANTS  AND  OTHER  INTERESTED
PARTIES  WHICH  MAY BE CHARGED WITH ROLES INCLUDING, BUT NOT LIMITED TO,

S. 2007--A                         21

QUALITY ASSURANCE REVIEW, REFERRAL, PROGRAM MONITORING OR DEVELOPMENT OR
ESTABLISHING AND RESPONDING TO COMMUNITY NEEDS; SUCH INPUT MAY BE IN THE
FORM OF A BOARD OF DIRECTORS, COMMITTEE,  SURVEY,  OR  OTHER  MECHANISM,
PROVIDED  THAT  THE  MAJORITY  OF INPUT OBTAINED AS PART OF THIS PROCESS
MUST BE FROM INDIVIDUAL CONSUMERS AND CONSUMER ADVOCATES OF  THE  FISCAL
INTERMEDIARY;
  (VII)  THE  ORGANIZATION'S  PLAN TO ADDRESS THE NEEDS OF CONSUMERS AND
THEIR PERSONAL ASSISTANTS IN A TIMELY MANNER, REGARDLESS OF  WHERE  THEY
LIVE,  INCLUDING,  BUT  NOT  LIMITED TO, INPUT FROM CONSUMERS, OBTAINING
PHYSICALS AND OTHER HEALTH INFORMATION FROM PERSONAL ASSISTANTS, OBTAIN-
ING TIME RECORDS FOR PAYROLL, AND TIMELY PROCESSING OF PAYROLL; AND
  (VIII) A WRITTEN SWORN STATEMENT BY AN OFFICER OF THE ENTITY  DISCLOS-
ING   ANY   PENDING  LITIGATION,  UNSATISFIED  JUDGMENTS  OR  PENALTIES,
CONVICTIONS FOR FRAUD OR SANCTIONS IMPOSED BY GOVERNMENT AUTHORITIES.
  (D) THE ENTITY SHALL REASONABLY PROMPTLY NOTIFY THE DEPARTMENT OF  ANY
CHANGE  IN THE INFORMATION SUBMITTED TO THE DEPARTMENT FOR CERTIFICATION
UNDER THIS SUBDIVISION.
  (E) THE COMMISSIONER SHALL NOT  APPROVE  AN  APPLICATION  FOR  CERTIF-
ICATION  UNLESS  HE  OR SHE IS SATISFIED AS TO THE CHARACTER, COMPETENCE
AND STANDING IN THE COMMUNITY OF THE APPLICANT'S  INCORPORATORS,  DIREC-
TORS,  SPONSORS, STOCKHOLDERS OR OPERATORS AND FINDS THAT THE PERSONNEL,
RULES,  CONSUMER  CONTRACTS  OR  AGREEMENTS,  AND  FISCAL   INTERMEDIARY
SERVICES ARE FIT AND ADEQUATE, AND THAT THE FISCAL INTERMEDIARY SERVICES
WILL  BE  PROVIDED  IN  THE  MANNER REQUIRED BY THIS SUBDIVISION AND THE
RULES AND REGULATIONS HEREUNDER, IN A MANNER DETERMINED BY  THE  COMMIS-
SIONER.
  (F)  THE  COMMISSIONER  MAY  CONTRACT  WITH AN ENTITY WITH APPROPRIATE
KNOWLEDGE, EXPERTISE AND EXPERIENCE POSSESSING  EXTENSIVE  KNOWLEDGE  OF
CONSUMER  DIRECTED  PERSONAL ASSISTANCE FISCAL INTERMEDIARY SERVICES AND
WHICH HAS A HISTORY OF PROVIDING SIMILAR SERVICES IN RELATION TO A SELF-
DIRECTED PROGRAM TO DEVELOP AND TO ASSIST THE COMMISSIONER IN EVALUATING
APPLICANTS FOR CERTIFICATIONS OR READINESS REVIEWS TO BE A FISCAL INTER-
MEDIARY.
  (G) NEITHER PUBLIC NEED, TAX STATUS NOR PROFIT-MAKING STATUS SHALL  BE
A  CRITERION  FOR  CERTIFICATION  UNDER  THIS SUBDIVISION.   STATUS AS A
LICENSED HOME CARE SERVICES AGENCY OR OTHER HEALTH  PROVIDER  SHALL  NOT
POSITIVELY  OR  NEGATIVELY AFFECT AN APPLICATION FOR CERTIFICATION UNDER
THIS SUBDIVISION.    AN  ORGANIZATION  AUTHORIZED  PURSUANT  TO  ARTICLE
FORTY-FOUR OF THE PUBLIC HEALTH LAW SHALL NOT BE A FISCAL INTERMEDIARY.
  (H)  A CERTIFICATION UNDER THIS SUBDIVISION SHALL LAST FOR A PERIOD OF
FIVE YEARS. UPON APPLICATION FOR  A  RENEWAL,  THE  FISCAL  INTERMEDIARY
SHALL SUBMIT UP TO DATE INFORMATION TO THE COMMISSIONER.
  (I)  THE COMMISSIONER SHALL CHARGE APPLICANTS FOR THE CERTIFICATION AN
APPLICATION FEE OF ONE THOUSAND DOLLARS.
  4-B. PROCEEDINGS INVOLVING THE CERTIFICATION OF A FISCAL INTERMEDIARY.
(A) A CERTIFICATION OF A FISCAL INTERMEDIARY MAY BE REVOKED,  SUSPENDED,
LIMITED  OR  ANNULLED BY THE COMMISSIONER ON PROOF THAT IT HAS FAILED TO
COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION OR REGULATIONS PROMULGAT-
ED HEREUNDER.
  (B) NO  SUCH  CERTIFICATION  SHALL  BE  REVOKED,  SUSPENDED,  LIMITED,
ANNULLED  OR  DENIED  WITHOUT A HEARING. HOWEVER, A CERTIFICATION MAY BE
TEMPORARILY SUSPENDED OR LIMITED WITHOUT A HEARING FOR A PERIOD  NOT  IN
EXCESS  OF  THIRTY  DAYS  UPON WRITTEN NOTICE TO THE FISCAL INTERMEDIARY
FOLLOWING A FINDING BY THE DEPARTMENT THAT THE PUBLIC HEALTH  OR  SAFETY
IS  IN  IMMINENT  DANGER. SUCH PERIOD MAY BE RENEWED UPON WRITTEN NOTICE
AND A CONTINUED FINDING UNDER THIS PARAGRAPH.

S. 2007--A                         22

  (C) THE COMMISSIONER SHALL FIX A TIME AND PLACE  FOR  THE  HEARING.  A
COPY  OF  THE CHARGES, TOGETHER WITH THE NOTICE OF THE TIME AND PLACE OF
THE HEARING, SHALL BE SERVED IN PERSON OR MAILED BY REGISTERED OR CERTI-
FIED MAIL TO THE FISCAL INTERMEDIARY AT LEAST TWENTY-ONE DAYS BEFORE THE
DATE  FIXED FOR THE HEARING. THE FISCAL INTERMEDIARY SHALL FILE WITH THE
DEPARTMENT NOT LESS THAN EIGHT DAYS PRIOR  TO  THE  HEARING,  A  WRITTEN
ANSWER TO THE CHARGES.
  (D)  ALL  ORDERS  OR  DETERMINATIONS  UNDER  THIS SUBDIVISION SHALL BE
SUBJECT TO REVIEW AS PROVIDED IN  ARTICLE  SEVENTY-EIGHT  OF  THE  CIVIL
PRACTICE LAW AND RULES.
  §  6-c.  Subdivision  (a) of section 90 of part H of chapter 59 of the
laws of 2011, amending the public health law and other laws, relating to
general hospital inpatient reimbursement for annual rates, as amended by
section 38 of part C of chapter 60 of the laws of 2014,  is  amended  to
read as follows:
  (a)  (1)  Notwithstanding  any other provision of law to the contrary,
for the state fiscal years beginning April 1, 2011 and ending  on  March
31,  2014, all Medicaid payments made for services provided on and after
April 1, 2011, shall, except as hereinafter provided, be  subject  to  a
uniform  two  percent  reduction and such reduction shall be applied, to
the extent  practicable,  in  equal  amounts  during  the  fiscal  year,
provided,  however,  that an alternative method may be considered at the
discretion of the commissioner of health and the director of the  budget
based  upon consultation with the health care industry including but not
limited to, a uniform reduction in Medicaid rates of payments  or  other
reductions provided that any method selected achieves up to $345,000,000
in  Medicaid  state share savings in state fiscal year 2011-12 and up to
$357,000,000 annually in state fiscal years 2012-13 and  2013-14  except
as  hereinafter  provided,  for  services provided on and after April 1,
2011 through March 31, 2014. Any  alternative  methods  to  achieve  the
reduction must be provided in writing and shall be filed with the senate
finance  committee  and  the  assembly ways and means committee not less
than thirty days before the date on which implementation is expected  to
begin. Nothing in this section shall be deemed to prevent all or part of
such alternative reduction plan from taking effect retroactively, to the
extent  permitted  by  the  federal  centers  for  medicare and medicaid
services.
  (2) Alternative methods of cost containment as authorized  and  imple-
mented  pursuant  to paragraph one of this subdivision shall continue to
be applied and maintained for  periods  on  and  after  April  1,  2014,
provided, however, that the commissioner of health, in consultation with
the  director of the budget, is authorized to terminate such alternative
methods upon a finding that they are no  longer  necessary  to  maintain
essential cost savings.
  (3)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, FOR
THE STATE FISCAL YEARS BEGINNING APRIL 1, 2014, AND UNTIL SUCH  TIME  AS
THE  STATE RECEIVES APPROVAL OF ITS STATE PLAN AMENDMENT #15-0056 TO THE
TITLE XIX MEDICAID STATE PLAN FOR LONG TERM CARE, THE STATE  SHALL  FUND
NURSING HOMES THE MEDICAID STATE SHARE OF THE FEDERAL MEDICAL ASSISTANCE
PERCENTAGE.
  §  6-d.  Paragraph (b) of subdivision 10 of section 3614 of the public
health law, as amended by section 5 of part C of chapter 109 of the laws
of 2006, is amended and a new paragraph (e) is added to read as follows:
  (b) Programs which have their rates adjusted pursuant to this subdivi-
sion shall use such funds solely for the purposes of recruitment, train-
ing and retention of non-supervisory home care services workers or other

S. 2007--A                         23

personnel with direct patient care responsibility.  Such  purpose  shall
include  the recruitment, training and retention of non-supervisory home
care services workers or any worker with direct patient  care  responsi-
bility  employed  in licensed home care services agencies under contract
with such agencies. Such agencies are prohibited from  using  such  fund
for  any  other  purpose. For purposes of the long term home health care
program, such payment shall be treated as supplemental payments and  not
effect  any  current  cost  cap requirement. FOR PURPOSES OF THE MANAGED
LONG TERM CARE PROGRAM, PLANS  SHALL  DISTRIBUTE  SUCH  FUNDS  IN  THEIR
ENTIRETY  USING A REASONABLE METHODOLOGY. SUCH PAYMENTS SHALL BE SUPPLE-
MENTAL TO REIMBURSEMENT RATES, AND PLANS SHALL PROVIDE WRITTEN NOTIFICA-
TION TO EACH CONTRACTED AGENCY INDICATING THE AMOUNT OF FUNDS  DISBURSED
FOR THE PURPOSE OF RECRUITMENT, TRAINING AND RETENTION OF NON-SUPERVISO-
RY  HOME CARE SERVICES WORKERS OR ANY PERSONNEL WITH DIRECT PATIENT CARE
RESPONSIBILITY. Each such agency shall submit, at a time and in a manner
determined by the commissioner, a written certification  attesting  that
such  funds will be used solely for the purpose of recruitment, training
and retention of non-supervisory home health aides or any personnel with
direct patient care responsibility. WHEN SUBMITTING ATTESTATIONS TO  THE
DEPARTMENT,  MANAGED  LONG TERM CARE PLANS SHALL INCLUDE THE METHODOLOGY
UTILIZED IN THE DISBURSEMENT OF FUNDS. The commissioner is authorized to
audit each such agency or program to ensure compliance with the  written
certification  required  by  this subdivision and shall recoup any funds
determined to have been used for purposes  other  than  recruitment  and
retention  of  non-supervisory home health aides or other personnel with
direct patient care responsibility. Such recoupment shall be in addition
to any other penalties provided by law.
  (E) THE DEPARTMENT SHALL PROVIDE A REPORT TO THE CHAIRS OF THE  SENATE
FINANCE  COMMITTEE, ASSEMBLY WAYS AND MEANS COMMITTEE, AND SENATE HEALTH
AND ASSEMBLY HEALTH COMMITTEES.  SUCH REPORT SHALL BE  SUBMITTED  ON  OR
BEFORE  JANUARY  FIRST,  TWO  THOUSAND  EIGHTEEN  AND  SHALL INCLUDE THE
DISTRIBUTION OF MONIES BY PLAN AND PROVIDER OF THE FUNDS  SET  FORTH  IN
THIS SUBDIVISION.
  §  6-e.  Subdivision 3 of section 461-l of the social services law, as
added by chapter 165 of the laws of 1991, subparagraph  (iii)  of  para-
graph (a) as amended by chapter 438 of the laws of 1994, paragraphs (b),
(c), (e) and (f) as amended by section 82 of part A of chapter 58 of the
laws  of  2010,  paragraph  (d) as amended by chapter 591 of the laws of
1999, paragraph (g) as amended by chapter 397 of the laws of 2012, para-
graph (h) as added by section 20 of part B of chapter 58 of the laws  of
2007,  paragraph (i) as amended by section 67 of part C of chapter 60 of
the laws of 2014 and paragraph (j) as added by section 70 of part  A  of
chapter 56 of the laws of 2013, is amended to read as follows:
  3. Assisted living program approval. (a) An eligible applicant propos-
ing to operate an assisted living program OR INCREASE THE NUMBER OF BEDS
WITHIN  AN  EXISTING PROGRAM shall submit an application to the [depart-
ment. Upon receipt, the department shall transmit a copy of the applica-
tion and accompanying documents  to  the]  department  of  health.  Such
application  shall  be  in  a  format  and  a quantity determined by the
department OF HEALTH and shall include, but not be limited to:
  (i) a copy of or an application for an adult care  facility  operating
certificate;
  (ii)  a  copy  of  or  an  application for a home care services agency
license or a copy of a certificate for a certified home health agency or
authorization as a long term home health care program;

S. 2007--A                         24

  (iii) a copy of a proposed contract with a social services district or
in a social services district with a population of one million or  more,
a  copy  of a proposed contract with the social services district or the
department;
  (iv)  if  the applicant is not a long term home health care program or
certified home health agency, a copy of a proposed contract with a  long
term  home  health  care program or certified home health agency for the
provisions of services in accordance  with  article  thirty-six  of  the
public health law; and
  (v)  a  detailed description of the proposed program including budget,
staffing and services.
  (b) If the application for the proposed program includes  an  applica-
tion  for  licensure  as  a  home care service agency, the department of
health shall forward the application for the proposed program and accom-
panying documents to the public health and health planning  council  for
its  written approval in accordance with the provisions of section thir-
ty-six hundred five of the public health law.
  (c) An application for an assisted living program OR AN  EXPANSION  OF
AN  EXISTING  PROGRAM  shall  not be approved unless the commissioner is
satisfied as to:
  (i) the character, competence and standing in  the  community  of  the
operator of the adult care facility;
  (ii)  the  financial  responsibility of the operator of the adult care
facility;
  (iii) that the buildings, equipment,  staff,  standards  of  care  and
records  of  the  adult  care  facility  to be employed in the operation
comply with applicable law, rule and regulation;
  (iv) the commissioner of health is satisfied that  the  licensed  home
care  agency  has received the written approval of the public health and
health planning council as required by paragraph (b) of this subdivision
and the equipment, personnel, rules, standards of care,  and  home  care
services  provided  by  the licensed home care agency and certified home
health agency or long term home health care program are fit and adequate
and will be provided in the manner required by article thirty-six of the
public health law and the rules and regulations thereunder; and
  (v) [the commissioner and] the commissioner of health [are] IS  satis-
fied  as  to  the public need for the assisted living program BEDS BEING
PROPOSED AFTER GIVING CONSIDERATION TO  THE  RELATIVE  CONCENTRATION  OF
ASSISTED  LIVING PROGRAM BEDS IN EXISTENCE IN THE AREA TO BE SERVED, THE
NEED FOR ALTERNATIVE LEVELS OF CARE IN THE AREA SERVED,  THE  IMPACT  ON
OTHER  PROVIDERS OF CARE AND THE OVERALL AVAILABILITY OF ASSISTED LIVING
PROGRAM BEDS IN THE STATE.
  (d) The department OF HEALTH shall not approve an application  for  an
assisted  living  program OR AN EXPANSION OF AN EXISTING PROGRAM for any
eligible applicant who does not meet the requirements of  this  article,
including  but  not  limited to, an eligible applicant who is already or
within the past ten years has been an incorporator,  director,  sponsor,
principal  stockholder, member or owner of any adult care facility which
has been issued an operating certificate by the board or the department,
or of a halfway house, hostel or other residential facility or  institu-
tion  for  the care, custody or treatment of the mentally disabled which
is subject to approval by an office of the department of mental hygiene,
or of any residential health  care  facility  or  home  care  agency  as
defined in the public health law, unless [the department, in conjunction
with  the  department of health,] IT finds by substantial evidence as to
each such applicant that a substantially consistent high level  of  care

S. 2007--A                         25

has  been rendered in each such facility or institution under which such
person is or was affiliated. For the purposes of this  paragraph,  there
may  be a finding that a substantially consistent high level of care has
been  rendered  despite  a  record of violations of applicable rules and
regulations, if such violations (i) did not threaten to directly  affect
the  health, safety or welfare of any patient or resident, and (ii) were
promptly corrected and not recurrent.
  (e) [The commissioner  of  health  shall  provide  written  notice  of
approval or disapproval of portions of the proposed application concern-
ing  a  licensed  home care agency, certified home health agency or long
term home health care program, and, where applicable, of the approval or
disapproval of the public health and  health  planning  council  to  the
commissioner.]  If  an application receives all the necessary approvals,
the commissioner OF HEALTH shall notify the applicant  in  writing.  The
commissioner's  written approval shall constitute authorization to oper-
ate an assisted living program.
  (f) No assisted living program may be  operated  without  the  written
approval of [the department,] the department of health and, where appli-
cable, the public health and health planning council.
  (g)  Notwithstanding  any  other provision of law to the contrary, any
assisted living program having less  than  seventy-five  authorized  bed
slots,  located  in  a county with a population of more than one hundred
ten thousand and less than one hundred fifty thousand persons based upon
the decennial federal census for the year two thousand, and which at any
point in time is unable to accommodate  individuals  awaiting  placement
into  the  assisted  living program, shall be authorized to increase the
number of assisted living beds available for a specified period of  time
as  part  of  a  demonstration  program  by  up to thirty percent of its
approved bed level; provided, however, that such program shall otherwise
satisfy all other assisted living program requirements as set  forth  in
this section. In addition, any program which receives such authorization
and  which  at  any  point  on or after July first, two thousand five is
unable to accommodate individuals awaiting placement into  the  assisted
program,  shall be authorized to further increase the number of assisted
living beds available as part of this demonstration  program  by  up  to
twenty-five  percent  of  its  bed  level as of July first, two thousand
five; provided, however, that such program shall otherwise  satisfy  all
other assisted living program requirements as set forth in this section.
  (h)  The  commissioner  is authorized to add one thousand five hundred
assisted living program beds to the  gross  number  of  assisted  living
program  beds  having been determined to be available as of April first,
two thousand seven.
  (i) (a) The commissioner of health is authorized  to  add  up  to  six
thousand  assisted  living  program beds to the gross number of assisted
living program beds having been determined to be available as  of  April
first, two thousand nine. Nothing herein shall be interpreted as prohib-
iting  any  eligible  applicant  from  submitting an application for any
assisted living program bed so added. The commissioner of  health  shall
not  be required to review on a comparative basis applications submitted
for assisted living program beds made available  under  this  paragraph.
The  commissioner  of  health  shall  only authorize the addition of six
thousand beds pursuant to a seven year  plan  ending  prior  to  January
first, two thousand seventeen.
  (b)  The commissioner of health shall provide an annual written report
to the chair of the senate standing committee on health and the chair of
the assembly health committee no later than January first of each  year.

S. 2007--A                         26

Such report shall include, but not be limited to, the number of assisted
living  program  beds made available pursuant to this section by county,
the total number of assisted living program beds by county,  the  number
of vacant assisted living program beds by county, and any other informa-
tion deemed necessary and appropriate.
  (j)  The  commissioner of health is authorized to add up to four thou-
sand five hundred assisted living program beds to the  gross  number  of
assisted  living  program beds having been determined to be available as
of April first, two thousand twelve. Applicants eligible  to  submit  an
application  under this paragraph shall be limited to adult homes estab-
lished pursuant to section four  hundred  sixty-one-b  of  this  article
with,  as  of September first, two thousand twelve, a certified capacity
of eighty beds or more in which twenty-five percent or more of the resi-
dent population are persons with serious mental illness  as  defined  in
regulations  promulgated by the commissioner of health. The commissioner
of health shall not be required to review on a comparative basis  appli-
cations  submitted for assisted living program beds made available under
this paragraph.
  (K) BEGINNING ON APRIL FIRST, TWO THOUSAND SEVENTEEN, THE COMMISSIONER
OF HEALTH IS AUTHORIZED TO APPROVE ASSISTED LIVING PROGRAM BEDS FOR  ANY
ELIGIBLE  APPLICANT THAT SATISFACTORILY DEMONSTRATES THE PUBLIC NEED FOR
SUCH BEDS IN THE AREA TO  BE  SERVED  AND  MEETS  ALL  OTHER  APPLICABLE
REQUIREMENTS  OF  THIS SECTION. ASSISTED LIVING PROGRAM BED AVAILABILITY
DETERMINATIONS AND LIMITATIONS IN PLACE PRIOR TO APRIL FIRST, TWO  THOU-
SAND  SEVENTEEN  SHALL  NO  LONGER  BE  APPLICABLE,  AND ASSISTED LIVING
PROGRAM BEDS SHALL BE GENERALLY AVAILABLE TO  MEET  DEMONSTRATED  PUBLIC
NEED  ON  A  CASE  BY  CASE BASIS WHENEVER THE COMMISSIONER IS SATISFIED
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) AND (J) OF THIS SUBDIVISION SHALL CONTIN-
UE IN FULL FORCE AND EFFECT.
  § 6-f.   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] ESTABLISHED PURSUANT TO THIS
SECTION, AND SHALL CONTINUE TO  BE  PROVIDED  OUTSIDE  OF  MANAGED  CARE
PROGRAMS  AND IN ACCORDANCE WITH SUCH WAIVER PROGRAMS AS THEY EXISTED ON
JANUARY FIRST, TWO THOUSAND FIFTEEN; PROVIDED, FURTHER THAT THE  COMMIS-
SIONER OF HEALTH IS HEREBY DIRECTED TO TAKE ANY ACTION REQUIRED, INCLUD-
ING BUT NOT LIMITED TO FILING WAIVERS AND WAIVER EXTENSIONS AS NECESSARY
WITH THE FEDERAL GOVERNMENT, TO CONTINUE THE PROVISION OF SUCH SERVICES.
  §  6-g.  Subdivision  8 of section 4403-f of the public health law, as
amended by section 21 of part B of chapter 59 of the laws  of  2016,  is
amended as follows:
  8.  Payment  rates  for managed long term care plan enrollees eligible
for medical assistance. The commissioner shall establish  payment  rates
for  services  provided  to  enrollees  eligible  under title XIX of the
federal social security act. Such payment  rates  shall  be  subject  to
approval by the director of the division of the budget and shall reflect
savings to both state and local governments when compared to costs which
would  be incurred by such program if enrollees were to receive compara-

S. 2007--A                         27

ble health and long term care services on a fee-for-service basis in the
geographic region in which such services are proposed  to  be  provided.
IN  ADDITION,  THE COMMISSIONER SHALL BE AUTHORIZED TO APPLY A POSITIVE,
GEOGRAPHIC  ADJUSTMENT  TO  THE  RATES  FOR MANAGED LONG TERM CARE PLANS
SERVING EITHER RURAL OR OTHER REGIONS WHERE COSTS ARE INCREASED  DUE  TO
ELEMENTS OF GEOGRAPHY, REGIONAL RESOURCE LIMITATIONS, POPULATION DENSITY
AND/OR  OTHER REGIONAL FACTORS, AND WHERE SUCH RATE ADJUSTMENT IS NECES-
SARY IN ORDER TO ENSURE ADEQUATE SERVICE CAPACITY AND  QUALITY  CARE  IN
THE  REGION.  Payment  rates shall be risk-adjusted to take into account
the characteristics of enrollees, or proposed enrollees, including,  but
not  limited  to:    frailty,  disability  level,  health and functional
status, age, gender, the nature of services provided to such  enrollees,
and  other  factors as determined by the commissioner. The risk adjusted
premiums  may  also  be  combined  with  disincentives  or  requirements
designed to mitigate any incentives to obtain higher payment categories.
In  setting  such  payment  rates, the commissioner shall consider costs
borne by the managed care program PLANS AND SERVICE PROVIDERS to  ensure
actuarially  sound  and  adequate  rates of payment to ensure quality of
care shall comply with all applicable laws and  regulations,  state  and
federal,  including  regulations  as to actuarial soundness for medicaid
managed care.   TO ENSURE QUALITY  CARE,  THE  COMMISSIONER  SHALL  ALSO
CONSIDER  THE NEED FOR ANY NECESSARY POSITIVE ADJUSTMENTS IN THE PREMIUM
AND RATE CALCULATIONS BASED ON CRITICAL COSTS AND NEED NOT BE  REFLECTED
IN  THE  MANAGED  CARE PROGRAM HISTORICAL COST AND ENCOUNTER STATISTICAL
BASE, INCLUDING BUT NOT LIMITED TO COST AND NEED FOR DIRECT CARE PERSON-
NEL WAGES AND BENEFITS AND  RELATED  COST  TO  ENSURE  WORKFORCE/SERVICE
CAPACITY  TO  MEET COMMUNITY NEED, PROVIDER TECHNOLOGY CAPACITY, QUALITY
INNOVATION, ESSENTIAL DIRECT  CARE  STAFF  TRAINING,  ADDRESSING  PUBLIC
HEALTH PRIORITIES, AND OTHER SYSTEM INFRASTRUCTURE AND TRANSITION NEEDS.
IN SETTING ACTUARIALLY SOUND AND ADEQUATE PAYMENT RATES, THE COMMISSION-
ER SHALL FOLLOW THE ANALYSIS AND RECOMMENDATIONS OF AN INDEPENDENT ACTU-
ARY,  WHICH  SHALL  ALSO  PROVIDE  HIS OR HER CERTIFICATION AND ANALYSIS
DIRECTLY TO THE CHAIRS OF THE SENATE AND ASSEMBLY COMMITTEES ON  HEALTH,
THE  CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY
COMMITTEE ON WAYS AND MEANS.   THE  COMMISSIONER  SHALL  SUBMIT  TO  THE
DIRECTOR  OF THE BUDGET, RATES THAT ARE ACTUARIALLY SOUND TO COVER THESE
COSTS.
  § 6-h. Paragraph (c) of subdivision 18 of section 364-j of the  social
services  law,  as  added by section 40-c of part B of chapter 57 of the
laws of 2015 is REPEALED.
  § 6-i. Paragraph (c) of subdivision 18 of section 364-j of the  social
services law, as added by section 55 of part B of chapter 57 of the laws
of 2015, is 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  THAT
EACH  PLAN  RECEIVES  ACTUARIALLY SOUND AND ADEQUATE RATES OF PAYMENT TO
ENSURE QUALITY OF CARE FOR ITS ENROLLEES. 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 method-
ologies used in the development of  rates,  to  managed  care  providers
thirty  days  prior to submission of such rates to the centers for medi-
care and medicaid services for  approval.  Managed  care  providers  may
request additional review of the actuarial soundness of the rate setting
process and/or methodology.

S. 2007--A                         28

  (II)  IN FULFILLING THE REQUIREMENTS OF THIS PARAGRAPH, THE DEPARTMENT
OF HEALTH, IN CONSULTATION WITH THE INDEPENDENT  ACTUARY,  THE  AFFECTED
MANAGED  CARE  PROVIDERS AND OTHER INTERESTED PARTIES, SHALL DEVELOP AND
UTILIZE STATISTICALLY VALIDATED ASSESSMENT TOOLS TO DETERMINE  THE  CARE
NEEDS OF INDIVIDUALS ENROLLED IN MANAGED CARE PLANS, WHICH SHALL INVOLVE
CONSIDERATION  OF  VARIABLES INCLUDING, BUT NOT LIMITED TO, PHYSICAL AND
BEHAVIORAL FUNCTIONING, ACTIVITIES  OF  DAILY  LIVING  AND  INSTRUMENTAL
ACTIVITIES OF DAILY LIVING, AND PRIMARY OR SECONDARY DIAGNOSES OF COGNI-
TIVE IMPAIRMENT OR MENTAL ILLNESS.
  (III)  THE  DEPARTMENT  SHALL ESTABLISH SEPARATE RATE CELLS TO REFLECT
THE COSTS OF CARE FOR SPECIFIC HIGH-NEED AND/OR HIGH-COST  ENROLLEES  OF
MANAGED  CARE  PROVIDERS  OPERATING  ON  A  FULL CAPITATION BASIS AND IN
MANAGED LONG TERM CARE PLANS OPERATING IN ACCORDANCE WITH THE PROVISIONS
OF SECTION FORTY-FOUR HUNDRED THREE-F OF THE PUBLIC HEALTH LAW.  BY JUNE
THIRTIETH, TWO THOUSAND SEVENTEEN THE COMMISSIONER SHALL SUBMIT  TO  THE
CENTERS  FOR  MEDICARE  AND  MEDICAID SERVICES A STATE PLAN AMENDMENT OR
OTHER APPROPRIATE APPROVAL OF A CAPITATED RATE WHICH INCLUDES A SEPARATE
RATE CELL OR CELLS AND SHALL ALSO INCLUDE  POLICIES  AND  PROCEDURES  TO
ENSURE AMERICANS WITH DISABILITY ACT AND FEDERAL OLMSTEAD COMPLIANCE FOR
COVERING THE COST OF CARE FOR EACH OF THE FOLLOWING:
  (A)  INDIVIDUALS IN MANAGED CARE PROVIDERS OPERATING ON A FULL CAPITA-
TION BASIS AND INDIVIDUALS IN MANAGED LONG  TERM  CARE  PLANS  THAT  ARE
EITHER  ALREADY  RESIDING  IN  A SKILLED NURSING HOME OR ARE PLACED IN A
SKILLED NURSING HOME;
  (B) INDIVIDUALS IN MANAGED LONG TERM CARE PLANS,  WHO  REMAIN  IN  THE
COMMUNITY  AND  WHO  DAILY  RECEIVE  LIVE-IN  OR TWELVE HOURS OR MORE OF
PERSONAL CARE OR HOME HEALTH SERVICES;
  (C) INDIVIDUALS IN FULLY-CAPITATED PLANS WHO SATISFY THE CRITERIA  FOR
INCLUSION  IN A HEALTH AND RECOVERY PLAN FOR PERSONS WITH SERIOUS MENTAL
ILLNESS, BUT HAVE NOT BEEN ENROLLED IN SUCH A PLAN; AND
  (D) SUCH OTHER INDIVIDUALS WHO, BASED ON THE ASSESSMENT OF THEIR  CARE
NEEDS,  THEIR  DIAGNOSIS  OR  OTHER  FACTORS,  ARE DETERMINED TO PRESENT
UNIQUELY HIGH-NEEDS AND ARE LIKELY TO GENERATE HIGH  COSTS,  AS  MAY  BE
IDENTIFIED BY THE DEPARTMENT.
  (IV)  SHOULD THE COMMISSIONER NOT RECEIVE AUTHORIZATION BY THE CENTERS
FOR MEDICARE AND MEDICAID SERVICES TO IMPLEMENT A SEPARATE NURSING  HOME
FACILITY  RATE  CELL  OR CELLS UNDER CLAUSE (A) OF SUBPARAGRAPH (III) OF
THIS PARAGRAPH BY DECEMBER THIRTY-FIRST,  TWO  THOUSAND  SEVENTEEN,  THE
COMMISSIONER  SHALL  DIRECT  MANAGED  CARE  ORGANIZATIONS LICENSED UNDER
ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW, ARTICLE FORTY-THREE OF  THE
INSURANCE  LAW,  AND THIS SECTION, TO CONTINUE TO REIMBURSE NURSING HOME
FACILITIES FOR SERVICES PROVIDED TO PERSONS ELIGIBLE FOR MEDICAL ASSIST-
ANCE WHO ARE ENROLLED IN SUCH MANAGED CARE ORGANIZATIONS AT A  BENCHMARK
RATE  WHICH  IS  TO  BE  THE FEE-FOR-SERVICE RATE CALCULATED PURSUANT TO
SECTION TWENTY-EIGHT HUNDRED EIGHT OF THE PUBLIC HEALTH LAW PAID BY  THE
MEDICAID  PROGRAM  FOR  SUCH  SERVICES.  THE  COMMISSIONER SHALL FURTHER
INSURE THAT THE PREMIUM PAID TO  MANAGED  CARE  ORGANIZATIONS  FOR  SUCH
SERVICES IS COMMENSURATE WITH THE BENCHMARK RATE. THE BENCHMARK FEE-FOR-
SERVICE  RATE  SHALL  CONTINUE TO BE PAID BY SUCH MANAGED CARE ORGANIZA-
TIONS FOR ALL SERVICES PROVIDED BY RESIDENTIAL  HEALTH  CARE  FACILITIES
FROM  THE EFFECTIVE DATE OF THIS SUBPARAGRAPH AT LEAST UNTIL MARCH THIR-
TY-FIRST, TWO THOUSAND NINETEEN.
  § 6-j.  The department of health shall study and report to the  legis-
lature  by  June 1, 2017 on the need for and feasibility of repatriation
of complex-needs patients placed in out-of-state facilities  and  funded
through medical assistance.

S. 2007--A                         29

  § 7. This act shall take effect immediately; provided, however, that:
  a. section six of this act shall take effect June 1, 2017;
  b. section six-b of this act shall take effect on the first of January
after  it shall have become a law; provided that prior to that date, the
commissioner of health shall make regulations  and  take  other  actions
reasonably  necessary  to  implement  section  six-b of this act on that
date; and provided further that any entity operating as a fiscal  inter-
mediary  prior  to this act becoming a law may continue to do so for one
year after this act takes effect, and may continue to do so  after  that
time only upon obtaining certification under this act;
  c. the amendments to section 364-j of the social services law, made by
sections  six-f  and  six-i of this act, shall not affect the expiration
and repeal of such section, and shall  expire  and  be  deemed  repealed
therewith; and
  d.  the  amendments to section 4403-f of the public health law made by
section six-g of this act shall not affect the repeal  of  such  section
and shall be deemed repealed therewith.

                                 PART F

  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;
AND 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 ANY APPROVED EXTENSION SITE THEREOF. Any trans-
portation 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; management of the appropriate level of  transpor-
tation  based on documented patient medical need; and development of new
technologies  leading  to  efficient  transportation  services.  If  the
commissioner  elects  to  assume such responsibility from a local social
services district, the commissioner shall examine and,  if  appropriate,
adopt  quality  assurance measures that may include, but are not limited
to,  global  positioning  tracking  system  reporting  requirements  and
service  verification mechanisms. Any and all reimbursement rates devel-
oped by transportation managers under this subdivision shall be  subject
to the review and approval of the commissioner.
  §  2.  Subdivision  5  of  section 365-h of the social services law is
REPEALED.

S. 2007--A                         30

  § 3. Intentionally omitted.
  §  4.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2017; provided,
further, that the amendments to 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 be deemed repealed therewith.

                                 PART G

  Section 1.  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  expendi-
tures,  as  separately  amended by section 1 of part JJ of chapter 54 of
the laws of 2016 and section 18 of part B of chapter 59 of the  laws  of
2016, is amended to read as follows:
  1. For state fiscal years 2011-12 through 2017-18, 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 subdivision five of
this section known and projected department of health state funds  medi-
caid  expenditures  by category of service and by geographic regions, as
defined by the commissioner, and if the director of  the  budget  deter-
mines  that  such  expenditures are expected to cause medicaid disburse-
ments for such period to exceed the projected department of health medi-
caid state funds disbursements in  the  enacted  budget  financial  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 direc-
tor 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 revenues, reductions to
local  social services district medical assistance administration, mini-
mum 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 expedited  department
of  health state funds medicaid expenditures as a result of a natural or
other type of disaster, including a governmental declaration of emergen-
cy] SAVINGS ALLOCATION PLAN MUST BE APPROVED  BY  LEGISLATION  PRIOR  TO
IMPLEMENTATION.
  §  1-a. Section 91 of part H of chapter 59 of the laws of 2011, amend-
ing the public health law and other laws relating  to  general  hospital
inpatient  reimbursement  for  annual  rates, as amended by section 5 of
part F of chapter 56 of the laws of 2012 and subdivision 1 as amended by
section 2 of part A of chapter 56 of the laws of  2013,  is  amended  to
read as follows:
  § 91. 1. Notwithstanding any inconsistent provision of state law, rule
or  regulation to the contrary, subject to federal approval, the year to
year rate of growth of department of health state funds Medicaid MEDICAL
ASSISTANCE spending ON  PROGRAMS  THAT  (A)  RECEIVE  FEDERAL  FINANCIAL
PARTICIPATION; (B) ARE REQUIRED TO BE MADE BY THE STATE UNDER THE FEDER-
AL  MEDICAL  ASSISTANCE  PROGRAM  LAWS,  RULES  OR  REGULATIONS; (C) ARE
REQUIRED UNDER THE STATE'S MEDICAID STATE PLAN;  OR  (D)  ARE  OTHERWISE
ENUMERATED IN THIS SECTION shall not exceed the ten year rolling average

S. 2007--A                         31

of the medical component of the consumer price index as published by the
United  States  department of labor, bureau of labor statistics, for the
preceding ten years; provided,  however,  that  for  state  fiscal  year
2013-14 and for each fiscal year thereafter, the maximum allowable annu-
al  increase  in the amount of department of health state funds Medicaid
spending shall be calculated by multiplying  the  department  of  health
state funds Medicaid spending for the previous year, minus the amount of
any  department of health state operations spending included therein, by
such ten year rolling average.
  2. Except as provided in subdivision three of this section, for  state
fiscal  year  2013-14  and for each fiscal year thereafter, the spending
limit calculated pursuant to subdivision one of this  section  shall  be
increased  by an amount equal to the difference between the total social
services district medical assistance expenditure amounts calculated  for
such period in conformance with subdivisions (b), (c), (c-1), and (d) of
section  1  of  part  C  of chapter 58 of the laws of 2005 and the total
social services district medical expenditure  amounts  that  would  have
resulted  if the provisions of subdivision (c-1) of such section had not
been applied.
  3. With respect to a social services district that rescinds the  exer-
cise  of  the  option  provided  in  paragraph (i) of subdivision (b) of
section 2 of part C of chapter 58 of the laws of 2005, for state  fiscal
year  2013-14  and  for  each fiscal year thereafter, the spending limit
calculated pursuant to subdivision one of this section shall be  reduced
by  the  amount  of the medical assistance expenditure amount calculated
for such district for such period.
  4. THE YEAR TO YEAR RATE OF GROWTH SHALL BE REBASED  AS  OF  APRIL  1,
2017  IN  PROPORTION TO THE ELIMINATION OF FUNDS CURRENTLY CALCULATED IN
THE ANNUAL DEPARTMENT OF HEALTH STATE FUNDS MEDICAID  SPENDING  THAT  DO
NOT SATISFY SUBDIVISION ONE OF THIS SECTION.
  § 2. Intentionally omitted.
  §  3. Section 4-a of part C of chapter 58 of the laws of 2005, author-
izing reimbursements for expenditures made by or  on  behalf  of  social
services  districts  for  medical  assistance  for needy persons and the
administration thereof, is amended by adding a new  subdivision  (e)  to
read as follows:
  (E)  BEGINNING  WITH  STATE  FISCAL YEAR 2017-18, THE AMOUNT DUE TO BE
REIMBURSED UNDER SUBDIVISION (A) OF THIS SECTION TO  A  SOCIAL  SERVICES
DISTRICT  WHICH  INCLUDES  A  CITY  WITH  A POPULATION OF MORE THAN FIVE
MILLION SHALL BE REDUCED ANNUALLY BY 50 MILLION DOLLARS UNLESS:
  (I) BY JUNE 30, 2017, SUCH DISTRICT HAS A  SHARED  SAVINGS  ALLOCATION
PLAN  APPROVED  BY THE COMMISSIONER OF HEALTH TO INCREASE BY 100 MILLION
DOLLARS THE CURRENT ANNUAL DOLLAR AMOUNT OF THE CITY'S FINALLY SUBMITTED
AND PAYABLE MEDICAID CLAIMS FOR PRESCHOOL AND SCHOOL  SUPPORTIVE  HEALTH
SERVICES ELIGIBLE FOR FEDERAL FINANCIAL PARTICIPATION; THE DEPARTMENT OF
HEALTH  WILL PROVIDE TECHNICAL ASSISTANCE AS NEEDED TO ASSIST THE SOCIAL
SERVICES DISTRICT IN IMPLEMENTING THE PLAN, WHICH MUST DETAIL:  HOW  THE
CITY  WILL IDENTIFY PRESCHOOL AND SCHOOL-AGED CHILDREN WHO ARE RECEIVING
PRESCHOOL AND SCHOOL SUPPORTIVE HEALTH SERVICES REIMBURSABLE  UNDER  THE
CURRENT MEDICAID STATE PLAN AND SUBMIT CLAIMS FOR REIMBURSEMENT; AND HOW
THE  PLAN  WILL  GENERATE  FIFTY MILLION DOLLARS IN STATE SAVINGS TO THE
MEDICAID PROGRAM.  SUCH PLAN MAY BE REVISED, SUBJECT TO THE  REVIEW  AND
APPROVAL  OF  THE  COMMISSIONER  OF HEALTH, AS NECESSARY TO MAINTAIN THE
INCREASED LEVEL OF CLAIMING AND TO GENERATE THE REQUIRED MEDICAID  STATE
SAVINGS IN SUBSEQUENT FISCAL YEARS; AND

S. 2007--A                         32

  (II)  ON  OCTOBER 1, 2017 AND ANNUALLY THEREAFTER, THE COMMISSIONER OF
HEALTH DETERMINES THAT ONGOING  ACTIVITIES  UNDER  THE  APPROVED  SHARED
SAVINGS  ALLOCATION  PLAN  APPROVED PURSUANT TO SUBPARAGRAPH (I) OF THIS
PARAGRAPH ARE LIKELY TO ACHIEVE THE TARGETED DOLLAR  AMOUNT  OF  PAYABLE
MEDICAID  CLAIMS FOR PRESCHOOL AND SCHOOL SUPPORTIVE HEALTH SERVICES FOR
THE APPLICABLE FISCAL YEAR; THE SOCIAL SERVICES DISTRICT AND CITY  SHALL
PROVIDE SUCH INFORMATION AND DOCUMENTATION AS THE COMMISSIONER OF HEALTH
MAY REQUIRE IN ORDER TO MAKE SUCH DETERMINATION.
  (III)  THE NON-FEDERAL SHARE OF THE COSTS OF SERVICES FOR WHICH CLAIMS
ARE SUBMITTED AS A RESULT OF THE IMPLEMENTATION OF  THE  SHARED  SAVINGS
ALLOCATION  PLAN  ESTABLISHED  PURSUANT  TO  THIS PARAGRAPH SHALL BE THE
RESPONSIBILITY OF THE SOCIAL SERVICES DISTRICT.
  (IV) ANY REDUCTION IN THE AMOUNT DUE TO BE REIMBURSED  UNDER  SUBDIVI-
SION  (A)  OF THIS SECTION AS A RESULT OF THE OPERATION OF THIS SUBDIVI-
SION SHALL BE IN ADDITION TO ANY REDUCTION IMPOSED PURSUANT TO  SUBDIVI-
SION  (C) OF THIS SECTION OR AUTHORIZED PURSUANT TO ANY OTHER APPLICABLE
LAW.
  § 3-a. Notwithstanding any contrary provision of law, the commissioner
of health shall not take any action with the purpose of reducing payment
for general hospital emergency  services  visits  provided  to  patients
eligible for medical assistance pursuant to title 11 of article 5 of the
social  services  law, including such patients enrolled in organizations
operating in accordance with the provisions of article 44 of the  public
health  law or in health maintenance organizations organized and operat-
ing in accordance with article 43 of the insurance law.
  § 3-b. Section 364-j of the social services law is amended by adding a
new subdivision 33 to read as follows:
  33. RATES PAID  TO  MANAGED  CARE  ORGANIZATIONS  PARTICIPATING  IN  A
MANAGED CARE PROGRAM PURSUANT TO THIS SECTION MAY NOT BE REDUCED AS PART
OF ANY ADMINISTRATIVE ACTION IF:
  (A)  ANY  MANAGED  CARE ORGANIZATION PARTICIPATING IN THE SAME MANAGED
CARE PROGRAM HAS REPORTED ON THE FOURTH QUARTER OPERATING REPORTS OF THE
IMMEDIATELY PRECEDING CALENDAR YEAR THAT THE SUM OF THE REPORTED MEDICAL
EXPENSES AND ADMINISTRATIVE EXPENSES EXCEEDED RATES PAID TO THE  MANAGED
CARE ORGANIZATION FOR THE MANAGED CARE PROGRAM; OR
  (B)  ANY  MANAGED  CARE ORGANIZATION PARTICIPATING IN THE SAME MANAGED
CARE PROGRAM HAS REPORTED A MEDICAL LOSS RATIO EXCEEDING NINETY  PERCENT
IN THE PRECEDING CALENDAR YEAR; OR
  (C)  THE  REDUCTION IS APPLICABLE TO A RATE PERIOD THAT BEGAN PRIOR TO
THE DATE THAT THE RATES FOR THAT PERIOD HAVE BEEN IMPLEMENTED.
  FOR PURPOSES OF THIS  SUBDIVISION  "RATES"  SHALL  INCLUDE  THE  TOTAL
PAYMENTS  MADE  TO  PLANS  FOR PURPOSES OF DISTRIBUTIONS UNDER A QUALITY
POOL PROGRAM. WHILE THE AMOUNT PAID TO EACH PLAN MAY VARY  DEPENDING  ON
PLAN  PERFORMANCE  UNDER  THE  QUALITY PAYMENT METRICS, THE TOTAL AMOUNT
PAID TO ALL PLANS FOR QUALITY POOL PAYMENTS SHALL CONSTITUTE "RATES" AND
ARE SUBJECT TO THE PROVISIONS OF THIS SECTION. "RATES" SHALL NOT INCLUDE
SPECIFICALLY IDENTIFIED AMOUNTS ADDED TO REIMBURSE  PLANS  FOR  PAYMENTS
DUE  TO  PROVIDERS  OR OTHER ENTITIES PURSUANT TO STATUTORY OBLIGATIONS,
TAXES OR WAIVER PROGRAM PARTICIPATION.
  § 4. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2017; provided,
however,  that  the  amendments  made  to  section  364-j  of the social
services law made by section three-b of this act shall  not  affect  the
repeal of such section and shall be deemed to be repealed therewith.

                                 PART H

S. 2007--A                         33

  Section  1. Subdivision 5 of section 168 of chapter 639 of the laws of
1996, constituting the New York Health  Care  Reform  Act  of  1996,  as
amended  by  section  1  of part B of chapter 60 of the laws of 2014, is
amended to read as follows:
  5.  sections  2807-c,  2807-j,  2807-s and 2807-t of the public health
law, as amended or as added by this act, shall expire  on  December  31,
[2017]  2020,  and  shall be thereafter effective only in respect to any
act done on or before such date or action or proceeding arising  out  of
such  act  including continued collections of funds from assessments and
allowances and  surcharges  established  pursuant  to  sections  2807-c,
2807-j,  2807-s  and 2807-t of the public health law, and administration
and distributions of funds from pools established pursuant  to  sections
2807-c,  2807-j, 2807-k, 2807-l, 2807-m, 2807-s and 2807-t of the public
health law related to patient  services  provided  before  December  31,
[2017]  2020, and continued expenditure of funds authorized for programs
and grants until the exhaustion of funds therefor;
  § 2. Subdivision 1 of section 138 of chapter 1 of the  laws  of  1999,
constituting  the New York Health Care Reform Act of 2000, as amended by
section 2 of part B of chapter 60 of the laws of  2014,  is  amended  to
read as follows:
  1.  sections  2807-c,  2807-j, 2807-s, and 2807-t of the public health
law, as amended by this act, shall expire on December 31,  [2017]  2020,
and shall be thereafter effective only in respect to any act done before
such  date  or  action  or  proceeding arising out of such act including
continued collections of  funds  from  assessments  and  allowances  and
surcharges  established  pursuant to sections 2807-c, 2807-j, 2807-s and
2807-t of the public health law, and administration and distributions of
funds from  pools  established  pursuant  to  sections  2807-c,  2807-j,
2807-k,  2807-l, 2807-m, 2807-s, 2807-t, 2807-v and 2807-w of the public
health law, as amended or added by this act, related to patient services
provided before December 31, [2017] 2020, and continued  expenditure  of
funds  authorized  for programs and grants until the exhaustion of funds
therefor;
  § 3. Subparagraph (xv) of paragraph (a) of subdivision  6  of  section
2807-s  of  the  public health law, as amended by section 3 of part B of
chapter 60 of the laws of 2014, is amended to read as follows:
  (xv) A gross annual statewide amount for the period January first, two
thousand fifteen through December thirty-first, two thousand [seventeen]
TWENTY, shall be one billion forty-five million dollars.
  § 4. Subparagraph (xiii) of paragraph (a) of subdivision 7 of  section
2807-s  of  the  public health law, as amended by section 4 of part B of
chapter 60 of the laws of 2014, 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 [seventeen] TWENTY;
  § 5. Subparagraphs (iv) and (v) of paragraph (a) of subdivision  9  of
section 2807-j of the public health law, as amended by section 5 of part
B of chapter 60 of the laws of 2014, are amended to read as follows:
  (iv)  seven  hundred  sixty-five million dollars annually of the funds
accumulated for the periods January first, two thousand through December
thirty-first, two thousand [sixteen] NINETEEN, and
  (v) one hundred ninety-one million two hundred fifty thousand  dollars
of  the  funds  accumulated  for  the period January first, two thousand
[seventeen] TWENTY through March thirty-first, two thousand  [seventeen]
TWENTY.

S. 2007--A                         34

  §  6.  Subdivisions  5-a  and 7 of section 2807-m of the public health
law, as amended by section 9 of part B of chapter  60  of  the  laws  of
2014,  subparagraphs  (iv), (v) and (vi) of paragraph (d) of subdivision
5-a as added by section 4 of part W of chapter 57 of the laws  of  2015,
are amended to read as follows:
  5-a.  Graduate  medical  education  innovations pool. (a) Supplemental
distributions. (i) Thirty-one million dollars  for  the  period  January
first,  two  thousand  eight through December thirty-first, two thousand
eight, shall be set aside and reserved  by  the  commissioner  from  the
regional  pools  established pursuant to subdivision two of this section
and shall be available for distributions pursuant to subdivision five of
this section and in accordance with section 86-1.89 of title 10  of  the
codes,  rules  and  regulations of the state of New York as in effect on
January first, two thousand eight; provided, however,  for  purposes  of
funding  the  empire  clinical research investigation program (ECRIP) in
accordance with paragraph eight of subdivision (e) and paragraph two  of
subdivision  (f)  of section 86-1.89 of title 10 of the codes, rules and
regulations of the state of New York, distributions shall be made  using
two  regions  defined as New York city and the rest of the state and the
dollar amount set forth in subparagraph (i) of paragraph two of subdivi-
sion (f) of section 86-1.89 of title 10 of the codes,  rules  and  regu-
lations  of the state of New York shall be increased from sixty thousand
dollars to seventy-five thousand dollars.
  (ii) For periods on  and  after  January  first,  two  thousand  nine,
supplemental  distributions pursuant to subdivision five of this section
and in accordance with section 86-1.89 of title 10 of the  codes,  rules
and regulations of the state of New York shall no longer be made and the
provisions  of section 86-1.89 of title 10 of the codes, rules and regu-
lations of the state of New York shall be null and void.
  (b)  Empire  clinical  research  investigator  program  (ECRIP).  Nine
million  one  hundred  twenty  thousand  dollars annually for the period
January first, two thousand  nine  through  December  thirty-first,  two
thousand  ten,  and  two million two hundred eighty thousand dollars for
the period January first, two thousand  eleven,  through  March  thirty-
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, [and] 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, shall be set aside and reserved by  the  commissioner  from  the
regional  pools  established pursuant to subdivision two of this section
to be allocated regionally with  two-thirds  of  the  available  funding
going  to  New York city and one-third of the available funding going to
the rest of the  state  and  shall  be  available  for  distribution  as
follows:
  Distributions  shall  first  be made to consortia and teaching general
hospitals for the empire clinical research investigator program  (ECRIP)
to  help  secure federal funding for biomedical research, train clinical
researchers, recruit national leaders as faculty to act as mentors,  and
train  residents  and  fellows  in  biomedical  research skills based on
hospital-specific data submitted to the commissioner  by  consortia  and
teaching general hospitals in accordance with clause (G) of this subpar-

S. 2007--A                         35

agraph.  Such distributions shall be made in accordance with the follow-
ing methodology:
  (A)  The  greatest  number  of clinical research positions for which a
consortium or teaching general hospital may be funded pursuant  to  this
subparagraph  shall  be  one  percent  of  the total number of residents
training at the consortium or teaching general hospital on  July  first,
two  thousand  eight  for  the  period  January first, two thousand nine
through December thirty-first, two thousand nine rounded up to the near-
est one position.
  (B) Distributions made to a consortium or  teaching  general  hospital
shall  equal  the product of the total number of clinical research posi-
tions submitted  by  a  consortium  or  teaching  general  hospital  and
accepted  by the commissioner as meeting the criteria set forth in para-
graph (b) of subdivision one of this section, subject to  the  reduction
calculation  set  forth  in  clause  (C) of this subparagraph, times one
hundred ten thousand dollars.
  (C) If the dollar amount for the total  number  of  clinical  research
positions  in  the  region  calculated  pursuant  to  clause (B) of this
subparagraph exceeds the total amount appropriated for purposes of  this
paragraph,  including clinical research positions that continue from and
were funded in prior distribution periods, the commissioner shall elimi-
nate one-half of the  clinical  research  positions  submitted  by  each
consortium  or teaching general hospital rounded down to the nearest one
position. Such reduction shall be repeated until the dollar  amount  for
the  total  number of clinical research positions in the region does not
exceed the total amount appropriated for purposes of this paragraph.  If
the  repeated  reduction  of the total number of clinical research posi-
tions in the region by one-half does not render a total  funding  amount
that  is equal to or less than the total amount reserved for that region
within the appropriation, the funding for each clinical  research  posi-
tion  in  that  region  shall  be reduced proportionally in one thousand
dollar increments until the total dollar amount for the total number  of
clinical  research  positions  in  that region does not exceed the total
amount reserved for that region within the appropriation. Any  reduction
in  funding will be effective for the duration of the award. No clinical
research positions that continue from and were funded in prior  distrib-
ution periods shall be eliminated or reduced by such methodology.
  (D)  Each  consortium  or  teaching general hospital shall receive its
annual distribution amount in accordance with the following:
  (I) Each consortium or teaching general hospital with a one-year ECRIP
award  shall  receive  its  annual  distribution  amount  in  full  upon
completion of the requirements set forth in items (I) and (II) of clause
(G)  of  this subparagraph. The requirements set forth in items (IV) and
(V) of clause (G) of this subparagraph must be completed by the  consor-
tium  or teaching general hospital in order for the consortium or teach-
ing general hospital to be eligible to apply for ECRIP  funding  in  any
subsequent funding cycle.
  (II)  Each  consortium  or  teaching  general hospital with a two-year
ECRIP award shall receive its first annual distribution amount  in  full
upon  completion  of the requirements set forth in items (I) and (II) of
clause (G) of this subparagraph. Each  consortium  or  teaching  general
hospital will receive its second annual distribution amount in full upon
completion  of the requirements set forth in item (III) of clause (G) of
this subparagraph. The requirements set forth in items (IV) and  (V)  of
clause  (G)  of this subparagraph must be completed by the consortium or
teaching general hospital in order for the consortium or teaching gener-

S. 2007--A                         36

al hospital to be eligible to apply for ECRIP funding in any  subsequent
funding cycle.
  (E)  Each  consortium  or teaching general hospital receiving distrib-
utions pursuant to this subparagraph shall reserve seventy-five thousand
dollars to primarily fund salary and fringe  benefits  of  the  clinical
research  position  with  the remainder going to fund the development of
faculty who are involved in biomedical research, training  and  clinical
care.
  (F)  Undistributed  or  returned  funds  available  to  fund  clinical
research positions pursuant to this paragraph for a distribution  period
shall  be  available to fund clinical research positions in a subsequent
distribution period.
  (G) In order to be eligible for distributions pursuant to this subpar-
agraph, each consortium and teaching general hospital shall  provide  to
the  commissioner by July first of each distribution period, the follow-
ing data and information on a hospital-specific  basis.  Such  data  and
information  shall  be  certified as to accuracy and completeness by the
chief executive officer, chief financial officer or chair of the consor-
tium governing body of each consortium or teaching general hospital  and
shall be maintained by each consortium and teaching general hospital for
five years from the date of submission:
  (I)  For  each  clinical  research  position, information on the type,
scope, training objectives,  institutional  support,  clinical  research
experience of the sponsor-mentor, plans for submitting research outcomes
to  peer reviewed journals and at scientific meetings, including a meet-
ing sponsored by the department, the name of a principal contact  person
responsible for tracking the career development of researchers placed in
clinical  research positions, as defined in paragraph (c) of subdivision
one of this section, and who is authorized to certify to the commission-
er that all the requirements of the clinical  research  training  objec-
tives  set  forth  in this subparagraph shall be met. Such certification
shall be provided by July first of each distribution period;
  (II) For each clinical research position,  information  on  the  name,
citizenship  status, medical education and training, and medical license
number of the researcher, if applicable, shall be provided  by  December
thirty-first of the calendar year following the distribution period;
  (III)  Information on the status of the clinical research plan, accom-
plishments, changes in research activities, progress, and performance of
the researcher shall be provided upon  completion  of  one-half  of  the
award term;
  (IV)  A  final report detailing training experiences, accomplishments,
activities and performance of the clinical researcher, and  data,  meth-
ods,  results  and  analyses  of  the  clinical  research  plan shall be
provided three months after the clinical research position ends; and
  (V) Tracking information concerning past  researchers,  including  but
not  limited  to (A) background information, (B) employment history, (C)
research status, (D) current research activities, (E)  publications  and
presentations,  (F)  research  support,  and  (G)  any other information
necessary to track the researcher; and
  (VI) Any other data or information required  by  the  commissioner  to
implement this subparagraph.
  (H)  Notwithstanding  any  inconsistent provision of this subdivision,
for periods on and after April first, two thousand thirteen, ECRIP grant
awards shall be made in accordance with rules and regulations promulgat-
ed by the commissioner. Such regulations shall, at a minimum:

S. 2007--A                         37

  (1) provide that ECRIP grant awards shall be made with  the  objective
of  securing  federal funding for biomedical research, training clinical
researchers, recruiting national leaders as faculty to act  as  mentors,
and training residents and fellows in biomedical research skills;
  (2)  provide that ECRIP grant applicants may include interdisciplinary
research teams comprised of teaching general hospitals acting in collab-
oration with entities including but  not  limited  to  medical  centers,
hospitals, universities and local health departments;
  (3) provide that applications for ECRIP grant awards shall be based on
such  information requested by the commissioner, which shall include but
not be limited to hospital-specific data;
  (4) establish the qualifications for  investigators  and  other  staff
required for grant projects eligible for ECRIP grant awards; and
  (5)  establish a methodology for the distribution of funds under ECRIP
grant awards.
  (c) Ambulatory care  training.  Four  million  nine  hundred  thousand
dollars  for the period January first, two thousand eight through Decem-
ber thirty-first, two thousand eight, four million nine hundred thousand
dollars for the period January first, two thousand nine through December
thirty-first, two thousand nine,  four  million  nine  hundred  thousand
dollars  for the period January first, two thousand ten through December
thirty-first, two thousand ten,  one  million  two  hundred  twenty-five
thousand  dollars  for  the  period  January  first, two thousand eleven
through March thirty-first, two  thousand  eleven,  four  million  three
hundred  thousand  dollars  each  state fiscal year for the period April
first, two thousand eleven  through  March  thirty-first,  two  thousand
fourteen,  [and]  up  to  four million sixty thousand dollars each state
fiscal year for the period April first, two  thousand  fourteen  through
March thirty-first, two thousand seventeen, AND UP TO FOUR MILLION SIXTY
THOUSAND  DOLLARS EACH FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOU-
SAND SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY, shall be
set aside and reserved by  the  commissioner  from  the  regional  pools
established  pursuant  to  subdivision  two of this section and shall be
available for distributions to sponsoring institutions to be directed to
support clinical training of medical students  and  residents  in  free-
standing  ambulatory  care  settings, including community health centers
and private practices. Such funding shall be allocated  regionally  with
two-thirds of the available funding going to New York city and one-third
of  the  available  funding  going to the rest of the state and shall be
distributed to sponsoring institutions in  each  region  pursuant  to  a
request  for application or request for proposal process with preference
being given to sponsoring institutions which provide training  in  sites
located  in underserved rural or inner-city areas and those that include
medical students in such training.
  (d) Physician loan repayment program. One million nine  hundred  sixty
thousand  dollars  for  the  period  January  first,  two thousand eight
through December thirty-first, two  thousand  eight,  one  million  nine
hundred  sixty  thousand dollars for the period January first, two thou-
sand nine through December thirty-first, two thousand nine, one  million
nine  hundred  sixty  thousand dollars for the period January first, two
thousand ten through  December  thirty-first,  two  thousand  ten,  four
hundred  ninety thousand dollars for the period January first, two thou-
sand eleven through March thirty-first, two thousand eleven, one million
seven hundred thousand dollars each state fiscal  year  for  the  period
April  first,  two thousand eleven through March thirty-first, two thou-
sand fourteen, [and] up to  one  million  seven  hundred  five  thousand

S. 2007--A                         38

dollars  each state fiscal year for the period April first, two thousand
fourteen through March thirty-first, two thousand seventeen, AND  UP  TO
ONE  MILLION  SEVEN HUNDRED FIVE THOUSAND DOLLARS EACH STATE FISCAL YEAR
FOR  THE  PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH THIR-
TY-FIRST, TWO THOUSAND TWENTY, shall be set aside and  reserved  by  the
commissioner from the regional pools established pursuant to subdivision
two  of  this  section  and shall be available for purposes of physician
loan repayment in accordance  with  subdivision  ten  of  this  section.
Notwithstanding  any  contrary  provision  of this section, sections one
hundred twelve and one hundred sixty-three of the state finance law,  or
any  other  contrary  provision  of law, such funding shall be allocated
regionally with one-third of available funds going to New York city  and
two-thirds  of  available funds going to the rest of the state and shall
be distributed in a manner to be determined by the commissioner  without
a competitive bid or request for proposal process as follows:
  (i) Funding shall first be awarded to repay loans of up to twenty-five
physicians  who  train  in  primary care or specialty tracks in teaching
general hospitals, and who enter and remain in primary care or specialty
practices in underserved communities, as determined by the commissioner.
  (ii) After distributions in accordance with subparagraph (i)  of  this
paragraph, all remaining funds shall be awarded to repay loans of physi-
cians  who  enter  and  remain in primary care or specialty practices in
underserved communities, as determined by  the  commissioner,  including
but  not  limited  to  physicians working in general hospitals, or other
health care facilities.
  (iii) In no case shall less than fifty percent of the funds  available
pursuant  to  this  paragraph be distributed in accordance with subpara-
graphs (i) and (ii) of this paragraph to physicians identified by gener-
al hospitals.
  (iv) In addition to the funds allocated under this paragraph, for  the
period April first, two thousand fifteen through March thirty-first, two
thousand  sixteen,  two  million  dollars  shall  be  available  for the
purposes described in subdivision ten of this section;
  (v) In addition to the funds allocated under this paragraph,  for  the
period April first, two thousand sixteen through March thirty-first, two
thousand  seventeen,  two  million  dollars  shall  be available for the
purposes described in subdivision ten of this section;
  (vi) Notwithstanding any provision of law to the contrary, and subject
to the extension of the Health Care Reform Act of 1996, sufficient funds
shall be available for the purposes described in subdivision ten of this
section in amounts necessary to fund the remaining year commitments  for
awards made pursuant to subparagraphs (iv) and (v) of this paragraph.
  (e)  Physician  practice  support.  Four million nine hundred thousand
dollars for the period January first, two thousand eight through  Decem-
ber thirty-first, two thousand eight, four million nine hundred thousand
dollars annually for the period January first, two thousand nine through
December  thirty-first,  two thousand ten, one million two hundred twen-
ty-five thousand dollars for the  period  January  first,  two  thousand
eleven  through  March  thirty-first,  two thousand eleven, four million
three hundred thousand dollars each state fiscal  year  for  the  period
April  first,  two thousand eleven through March thirty-first, two thou-
sand fourteen, [and] up to four million  three  hundred  sixty  thousand
dollars  each state fiscal year for the period April first, two thousand
fourteen through March thirty-first, two thousand seventeen, AND  UP  TO
FOUR  MILLION THREE HUNDRED SIXTY THOUSAND DOLLARS FOR EACH STATE FISCAL
YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND  SEVENTEEN  THROUGH  MARCH

S. 2007--A                         39

THIRTY-FIRST,  TWO  THOUSAND  TWENTY, shall be set aside and reserved by
the commissioner from the regional pools established pursuant to  subdi-
vision two of this section and shall be available for purposes of physi-
cian  practice  support.  Notwithstanding any contrary provision of this
section, sections one hundred twelve and one hundred sixty-three of  the
state  finance law, or any other contrary provision of law, such funding
shall be allocated regionally with one-third of available funds going to
New York city and two-thirds of available funds going to the rest of the
state and shall be distributed in a  manner  to  be  determined  by  the
commissioner  without  a competitive bid or request for proposal process
as follows:
  (i) Preference in funding shall first be accorded to teaching  general
hospitals  for  up  to  twenty-five awards, to support costs incurred by
physicians trained in primary or specialty tracks who thereafter  estab-
lish  or join practices in underserved communities, as determined by the
commissioner.
  (ii) After distributions in accordance with subparagraph (i)  of  this
paragraph, all remaining funds shall be awarded to physicians to support
the  cost  of  establishing or joining practices in underserved communi-
ties, as determined by the commissioner,  and  to  hospitals  and  other
health  care  providers to recruit new physicians to provide services in
underserved communities, as determined by the commissioner.
  (iii) In no case shall less than fifty percent of the funds  available
pursuant  to  this  paragraph  be  distributed  to  general hospitals in
accordance with subparagraphs (i) and (ii) of this paragraph.
  (e-1) Work group. For funding available pursuant to paragraphs (d) and
(e) of this subdivision:
  (i) The department shall appoint a  work  group  from  recommendations
made  by  associations  representing  physicians,  general hospitals and
other health care facilities to develop a streamlined application  proc-
ess by June first, two thousand twelve.
  (ii) Subject to available funding, applications shall be accepted on a
continuous  basis.  The department shall provide technical assistance to
applicants to facilitate their completion of applications. An  applicant
shall  be  notified  in  writing  by  the  department within ten days of
receipt of an application as to whether the application is complete  and
if  the  application is incomplete, what information is outstanding. The
department shall act on an application within thirty days of receipt  of
a complete application.
  (f) Study on physician workforce. Five hundred ninety thousand dollars
annually for the period January first, two thousand eight through Decem-
ber  thirty-first,  two  thousand  ten, one hundred forty-eight thousand
dollars for the period January first, two thousand eleven through  March
thirty-first, two thousand eleven, five hundred sixteen thousand dollars
each  state  fiscal year for the period April first, two thousand eleven
through March thirty-first, two thousand  fourteen,  [and]  up  to  four
hundred  eighty-seven  thousand  dollars  each state fiscal year for the
period April first, two thousand fourteen  through  March  thirty-first,
two  thousand  seventeen,  AND  UP TO FOUR HUNDRED EIGHTY-SEVEN THOUSAND
DOLLARS FOR EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOU-
SAND SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY, shall be
set aside and reserved by  the  commissioner  from  the  regional  pools
established  pursuant  to  subdivision  two of this section and shall be
available to fund a study of physician  workforce  needs  and  solutions
including,  but  not  limited  to, an analysis of residency programs and
projected physician workforce  and  community  needs.  The  commissioner

S. 2007--A                         40

shall  enter  into  agreements with one or more organizations to conduct
such study based on a request for proposal process.
  (g)  Diversity in medicine/post-baccalaureate program. Notwithstanding
any inconsistent provision of section one hundred twelve or one  hundred
sixty-three  of the state finance law or any other law, one million nine
hundred sixty thousand dollars annually for the  period  January  first,
two thousand eight through December thirty-first, two thousand ten, four
hundred  ninety thousand dollars for the period January first, two thou-
sand eleven through March thirty-first, two thousand eleven, one million
seven hundred thousand dollars each state fiscal  year  for  the  period
April  first,  two thousand eleven through March thirty-first, two thou-
sand fourteen, [and] up to one million six hundred five thousand dollars
each state fiscal year for the period April first, two thousand fourteen
through March thirty-first,  two  thousand  seventeen,  AND  UP  TO  ONE
MILLION SIX HUNDRED FIVE THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE
PERIOD  APRIL  FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH THIRTY-FIRST,
TWO THOUSAND TWENTY, shall be set aside and reserved by the commissioner
from the regional pools established pursuant to subdivision two of  this
section  and  shall  be  available  for  distributions to the Associated
Medical Schools of New York to  fund  its  diversity  program  including
existing  and  new  post-baccalaureate programs for minority and econom-
ically disadvantaged  students  and  encourage  participation  from  all
medical  schools in New York. The associated medical schools of New York
shall report to the commissioner on an annual basis regarding the use of
funds for such purpose in such form  and  manner  as  specified  by  the
commissioner.
  (h)  In  the  event  there are undistributed funds within amounts made
available for distributions pursuant to this subdivision, such funds may
be reallocated and distributed in  current  or  subsequent  distribution
periods  in  a manner determined by the commissioner for any purpose set
forth in this subdivision.
  7. Notwithstanding any inconsistent provision of section  one  hundred
twelve  or one hundred sixty-three of the state finance law or any other
law, up to one million dollars for the period January first,  two  thou-
sand  through  December  thirty-first,  two  thousand,  one  million six
hundred thousand dollars annually for the  periods  January  first,  two
thousand  one  through  December  thirty-first,  two thousand eight, one
million five hundred thousand dollars annually for the  periods  January
first,  two  thousand  nine  through December thirty-first, two thousand
ten, three hundred seventy-five thousand dollars for the period  January
first,  two  thousand  eleven  through  March thirty-first, two thousand
eleven, one million three hundred twenty  thousand  dollars  each  state
fiscal  year  for  the  period  April first, two thousand eleven through
March thirty-first, two thousand  fourteen,  [and]  up  to  two  million
seventy-seven  thousand  dollars  each  state fiscal year for the period
April first, two thousand fourteen through March thirty-first, two thou-
sand seventeen, AND UP TO TWO MILLION SEVENTY-SEVEN THOUSAND DOLLARS FOR
EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND  SEVEN-
TEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY, shall be set aside
and  reserved  by  the  commissioner from the regional pools established
pursuant to subdivision two of this section and shall be  available  for
distributions to the New York state area health education center program
for  the  purpose  of  expanding  community-based  training  of  medical
students. In addition, one million dollars annually for the period Janu-
ary first, two thousand eight through December thirty-first,  two  thou-
sand  ten,  two  hundred  fifty  thousand dollars for the period January

S. 2007--A                         41

first, two thousand eleven  through  March  thirty-first,  two  thousand
eleven, and eight hundred eighty thousand dollars each state fiscal year
for  the  period  April first, two thousand eleven through March thirty-
first,  two  thousand  fourteen,  shall be set aside and reserved by the
commissioner from the regional pools established pursuant to subdivision
two of this section and shall be available for distributions to the  New
York state area health education center program for the purpose of post-
secondary training of health care professionals who will achieve specif-
ic  program  outcomes  within  the  New York state area health education
center program.  The New York state area health education center program
shall report to the commissioner on an annual basis regarding the use of
funds for each purpose in such form  and  manner  as  specified  by  the
commissioner.
  §  7.  Paragraph  (a) of subdivision 12 of section 367-b of the social
services law, as amended by section 10 of part B of chapter  60  of  the
laws of 2014, is amended to read as follows:
  (a) For the purpose of regulating cash flow for general hospitals, the
department  shall develop and implement a payment methodology to provide
for timely payments for inpatient hospital services  eligible  for  case
based  payments per discharge based on diagnosis-related groups provided
during the period January first, nineteen hundred  eighty-eight  through
March  thirty-first  two  thousand [seventeen] TWENTY, by such hospitals
which elect to participate in the system.
  § 8. Section 2 of chapter 600 of the laws of 1986 amending the  public
health  law  relating to the development of pilot reimbursement programs
for ambulatory care services, as amended by section  11  of  part  B  of
chapter 60 of the laws of 2014, is amended to read as follows:
  §  2.  This  act  shall  take effect immediately, except that this act
shall expire and be of no further force and effect on and after April 1,
[2017] 2020; provided, however, that the commissioner  of  health  shall
submit a report to the governor and the legislature detailing the objec-
tive,  impact, design and computation of any pilot reimbursement program
established pursuant to this act, on or before March 31, 1994 and  annu-
ally  thereafter.  Such report shall include an assessment of the finan-
cial impact of such payment system on providers, as well as  the  impact
of such system on access to care.
  §  9.  Paragraph (i) of subdivision (b) of section 1 of chapter 520 of
the laws of 1978 relating to providing for  a  comprehensive  survey  of
health  care  financing,  education  and illness prevention and creating
councils for the conduct thereof, as amended by section 12 of part B  of
chapter 60 of the laws of 2014, is amended to read as follows:
  (i)  oversight  and  evaluation  of  the inpatient financing system in
place for 1988 through March 31, [2017] 2020,  and  the  appropriateness
and effectiveness of the bad debt and charity care financing provisions;
  §  10.  Paragraph  (l)  of subdivision 9 of section 3614 of the public
health law, as added by section 13 of part B of chapter 60 of  the  laws
of  2014, is amended and three new paragraphs (m), (n) and (o) are added
to read as follows:
  (l) for the period April first, two  thousand  sixteen  through  March
thirty-first,   two  thousand  seventeen,  up  to  one  hundred  million
dollars[.];
  (M) FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN  THROUGH  MARCH
THIRTY-FIRST, TWO THOUSAND EIGHTEEN, UP TO ONE HUNDRED MILLION DOLLARS;
  (N)  FOR  THE  PERIOD APRIL FIRST, TWO THOUSAND EIGHTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND NINETEEN, UP TO ONE HUNDRED MILLION DOLLARS;

S. 2007--A                         42

  (O) FOR THE PERIOD APRIL FIRST, TWO THOUSAND  NINETEEN  THROUGH  MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY, UP TO ONE HUNDRED MILLION DOLLARS.
  §  11.  Paragraph  (p) of subdivision 1 of section 367-q of the social
services law, as added by section 14 of part B of chapter 60 of the laws
of 2014, is amended and three new paragraphs (q), (r) and (s) are  added
to read as follows:
  (p)  for  the  period  April first, two thousand sixteen through March
thirty-first, two thousand seventeen, up to  twenty-eight  million  five
hundred thousand dollars[.];
  (Q)  FOR  THE PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND  EIGHTEEN,  UP  TO  TWENTY-TWO  MILLION  FOUR
HUNDRED THOUSAND DOLLARS;
  (R)  FOR  THE  PERIOD APRIL FIRST, TWO THOUSAND EIGHTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND NINETEEN,  TWENTY-TWO  MILLION  FOUR  HUNDRED
THOUSAND DOLLARS;
  (S)  FOR  THE  PERIOD APRIL FIRST, TWO THOUSAND NINETEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY, TWENTY-TWO MILLION FOUR HUNDRED THOU-
SAND DOLLARS.
  § 12. Subdivision 6 of section 2807-t of the  public  health  law,  as
amended  by  section  15 of part B of chapter 60 of the laws of 2014, is
amended to read as follows:
  6. Prospective adjustments. (a) The commissioner shall annually recon-
cile the sum of the actual payments made  to  the  commissioner  or  the
commissioner's designee for each region pursuant to section twenty-eight
hundred  seven-s  of  this  article and pursuant to this section for the
prior year with the regional allocation of the  gross  annual  statewide
amount  specified  in  subdivision  six  of section twenty-eight hundred
seven-s of this article for such prior year. The difference between  the
actual  amount  raised  for  a region and the regional allocation of the
specified gross annual amount for such prior year shall be applied as  a
prospective adjustment to the regional allocation of the specified gross
annual  payment  amount  for such region for the year next following the
calculation of the reconciliation. The authorized dollar  value  of  the
adjustments shall be the same as if calculated retrospectively.
  (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
sion, for covered lives assessment rate periods  on  and  after  January
first,  two thousand fifteen through December thirty-first, two thousand
[seventeen] TWENTY, for amounts collected in the aggregate in excess  of
one  billion  forty-five million dollars on an annual basis, prospective
adjustments shall be suspended if the annual reconciliation  calculation
from the prior year would otherwise result in a decrease to the regional
allocation of the specified gross annual payment amount for that region,
provided,  however, that such suspension shall be lifted upon a determi-
nation by the commissioner, in consultation with  the  director  of  the
budget,  that  sixty-five million dollars in aggregate collections on an
annual basis over and above one billion forty-five million dollars on an
annual basis have been reserved and set aside for deposit  in  the  HCRA
resources  fund.  Any amounts collected in the aggregate at or below one
billion forty-five million dollars on an annual basis, shall be  subject
to  regional  adjustments  reconciling any decreases or increases to the
regional allocation in accordance with paragraph (a)  of  this  subdivi-
sion.
  §  13.  Subdivision 4-c of section 2807-p of the public health law, as
amended by section 16 of part B of chapter 60 of the laws  of  2014,  is
amended to read as follows:

S. 2007--A                         43

  4-c. Notwithstanding any provision of law to the contrary, the commis-
sioner  shall  make additional payments for uncompensated care to volun-
tary non-profit diagnostic and treatment centers that are  eligible  for
distributions  under  subdivision  four of this section in the following
amounts:  for  the  period June first, two thousand six through December
thirty-first, two thousand six, in the  amount  of  seven  million  five
hundred  thousand  dollars,  for  the period January first, two thousand
seven through December thirty-first, two thousand seven,  seven  million
five  hundred  thousand dollars, for the period January first, two thou-
sand eight through December  thirty-first,  two  thousand  eight,  seven
million five hundred thousand dollars, for the period January first, two
thousand  nine through December thirty-first, two thousand nine, fifteen
million five hundred thousand dollars, for the period January first, two
thousand ten through December  thirty-first,  two  thousand  ten,  seven
million five hundred thousand dollars, for the period January first, two
thousand eleven though December thirty-first, two thousand eleven, seven
million five hundred thousand dollars, for the period January first, two
thousand  twelve  through  December  thirty-first,  two thousand twelve,
seven million five hundred thousand  dollars,  for  the  period  January
first, two thousand thirteen through December thirty-first, two thousand
thirteen,  seven  million  five hundred thousand dollars, for the period
January first, two thousand fourteen through December thirty-first,  two
thousand  fourteen, seven million five hundred thousand dollars, for the
period January first, two  thousand  fifteen  through  December  thirty-
first,  two  thousand  fifteen,  seven  million  five  hundred  thousand
dollars, for the period  January  first  two  thousand  sixteen  through
December  thirty-first, two thousand sixteen, seven million five hundred
thousand dollars, FOR THE PERIOD JANUARY FIRST, TWO  THOUSAND  SEVENTEEN
THROUGH  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND SEVENTEEN, SEVEN MILLION
FIVE HUNDRED THOUSAND DOLLARS, FOR THE PERIOD JANUARY FIRST,  TWO  THOU-
SAND  EIGHTEEN  THROUGH  DECEMBER  THIRTY-FIRST,  TWO THOUSAND EIGHTEEN,
SEVEN MILLION FIVE HUNDRED THOUSAND  DOLLARS,  FOR  THE  PERIOD  JANUARY
FIRST, TWO THOUSAND NINETEEN THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND
NINETEEN, SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS, and for the peri-
od  January first, two thousand [seventeen] TWENTY through March thirty-
first, two thousand [seventeen] TWENTY, in the amount of one million six
hundred thousand dollars, provided, however, that  for  periods  on  and
after  January first, two thousand eight, such additional payments shall
be distributed to voluntary, non-profit diagnostic and treatment centers
and to public diagnostic and treatment centers in accordance with  para-
graph (g) of subdivision four of this section. In the event that federal
financial  participation  is  available for rate adjustments pursuant to
this section, the commissioner shall make such  payments  as  additional
adjustments  to rates of payment for voluntary non-profit diagnostic and
treatment centers that are eligible for distributions under  subdivision
four-a  of  this  section  in the following amounts: for the period June
first, two thousand six through December thirty-first, two thousand six,
fifteen million dollars in the aggregate, and  for  the  period  January
first,  two  thousand  seven through June thirtieth, two thousand seven,
seven million five  hundred  thousand  dollars  in  the  aggregate.  The
amounts  allocated  pursuant  to this paragraph shall be aggregated with
and distributed pursuant to  the  same  methodology  applicable  to  the
amounts  allocated  to  such  diagnostic  and treatment centers for such
periods pursuant to subdivision four of this section if  federal  finan-
cial  participation  is not available, or pursuant to subdivision four-a
of  this  section  if  federal  financial  participation  is  available.

S. 2007--A                         44

Notwithstanding  section  three  hundred  sixty-eight-a  of  the  social
services law, there shall be no local  share  in  a  medical  assistance
payment adjustment under this subdivision.
  § 14. Section 34 of part A3 of chapter 62 of the laws of 2003 amending
the  general  business  law  and  other  laws relating to enacting major
components necessary to implement the state fiscal plan for the  2003-04
state  fiscal  year,  as amended by section 6 of part B of chapter 60 of
the laws of 2014, is amended to read as follows:
  § 34. (1) Notwithstanding any inconsistent provision of law,  rule  or
regulation  and  effective  April 1, 2008 through March 31, [2017] 2020,
the commissioner of health is authorized to transfer and the state comp-
troller is authorized and directed to receive for deposit to the  credit
of  the department of health's special revenue fund - other, health care
reform act (HCRA) resources fund - 061, provider  collection  monitoring
account,  within  amounts  appropriated each year, those funds collected
and accumulated pursuant to section 2807-v of  the  public  health  law,
including  income  from  invested  funds, for the purpose of payment for
administrative costs of the department of  health  related  to  adminis-
tration  of  statutory  duties  for  the  collections  and distributions
authorized by section 2807-v of the public health law.
  (2) Notwithstanding any inconsistent provision of law, rule  or  regu-
lation  and  effective  April 1, 2008 through March 31, [2017] 2020, the
commissioner of health is authorized to transfer  and  the  state  comp-
troller  is authorized and directed to receive for deposit to the credit
of the department of health's special revenue fund - other, health  care
reform  act  (HCRA) resources fund - 061, provider collection monitoring
account, within amounts appropriated each year,  those  funds  collected
and  accumulated  and interest earned through surcharges on payments for
health care services pursuant to section 2807-s of the public health law
and from assessments pursuant to section 2807-t of the public health law
for the purpose of payment for administrative costs of the department of
health related to administration of statutory duties for the collections
and distributions authorized by sections 2807-s, 2807-t, and  2807-m  of
the public health law.
  (3)  Notwithstanding  any inconsistent provision of law, rule or regu-
lation and effective April 1, 2008 through March 31,  [2017]  2020,  the
commissioner  of health is authorized to transfer and the comptroller is
authorized to deposit, within  amounts  appropriated  each  year,  those
funds  authorized  for distribution in accordance with the provisions of
paragraph (a) of subdivision 1 of section 2807-l of  the  public  health
law  for the purposes of payment for administrative costs of the depart-
ment of health related  to  the  child  health  insurance  plan  program
authorized  pursuant to title 1-A of article 25 of the public health law
into the special revenue funds - other, health care  reform  act  (HCRA)
resources fund - 061, child health insurance account, established within
the department of health.
  (4)  Notwithstanding  any inconsistent provision of law, rule or regu-
lation and effective April 1, 2008 through March 31,  [2017]  2020,  the
commissioner  of health is authorized to transfer and the comptroller is
authorized to deposit, within  amounts  appropriated  each  year,  those
funds  authorized  for distribution in accordance with the provisions of
paragraph (e) of subdivision 1 of section 2807-l of  the  public  health
law  for  the purpose of payment for administrative costs of the depart-
ment of health related to the health occupation  development  and  work-
place  demonstration  program established pursuant to section 2807-h and
the health workforce retraining program established pursuant to  section

S. 2007--A                         45

2807-g  of the public health law into the special revenue funds - other,
health care reform act (HCRA) resources fund -  061,  health  occupation
development  and  workplace  demonstration  program account, established
within the department of health.
  (5)  Notwithstanding  any inconsistent provision of law, rule or regu-
lation and effective April 1, 2008 through March 31,  [2017]  2020,  the
commissioner  of health is authorized to transfer and the comptroller is
authorized to deposit, within  amounts  appropriated  each  year,  those
funds  allocated  pursuant  to paragraph (j) of subdivision 1 of section
2807-v of the public health law for the purpose of payment for  adminis-
trative  costs  of the department of health related to administration of
the state's tobacco control programs and cancer services provided pursu-
ant to sections 2807-r and 1399-ii of the public health  law  into  such
accounts established within the department of health for such purposes.
  (6)  Notwithstanding  any inconsistent provision of law, rule or regu-
lation and effective April 1, 2008 through March 31,  [2017]  2020,  the
commissioner  of health is authorized to transfer and the comptroller is
authorized to deposit, within amounts appropriated each year, the  funds
authorized for distribution in accordance with the provisions of section
2807-l of the public health law for the purposes of payment for adminis-
trative costs of the department of health related to the programs funded
pursuant  to  section  2807-l  of the public health law into the special
revenue funds - other, health care reform act (HCRA)  resources  fund  -
061,  pilot  health insurance account, established within the department
of health.
  (7) Notwithstanding any inconsistent provision of law, rule  or  regu-
lation  and  effective  April 1, 2008 through March 31, [2017] 2020, the
commissioner of health is authorized to transfer and the comptroller  is
authorized  to  deposit,  within  amounts  appropriated each year, those
funds authorized for distribution in accordance with the  provisions  of
subparagraph  (ii)  of paragraph (f) of subdivision 19 of section 2807-c
of the public health law from monies accumulated and interest earned  in
the  bad  debt  and  charity care and capital statewide pools through an
assessment charged to general hospitals pursuant to  the  provisions  of
subdivision  18  of  section  2807-c  of the public health law and those
funds authorized for distribution in accordance with the  provisions  of
section  2807-l of the public health law for the purposes of payment for
administrative costs of the department of  health  related  to  programs
funded  under  section  2807-l of the public health law into the special
revenue funds - other, health care reform act (HCRA)  resources  fund  -
061, primary care initiatives account, established within the department
of health.
  (8)  Notwithstanding  any inconsistent provision of law, rule or regu-
lation and effective April 1, 2008 through March 31,  [2017]  2020,  the
commissioner  of health is authorized to transfer and the comptroller is
authorized to deposit, within  amounts  appropriated  each  year,  those
funds  authorized  for distribution in accordance with section 2807-l of
the public health law for the purposes  of  payment  for  administrative
costs  of  the  department  of  health  related to programs funded under
section 2807-l of the public health law into the special revenue funds -
other, health care reform act (HCRA) resources fund - 061,  health  care
delivery  administration  account,  established within the department of
health.
  (9) Notwithstanding any inconsistent provision of law, rule  or  regu-
lation  and  effective  April 1, 2008 through March 31, [2017] 2020, the
commissioner of health is authorized to transfer and the comptroller  is

S. 2007--A                         46

authorized  to  deposit,  within  amounts  appropriated each year, those
funds authorized pursuant to sections 2807-d, 3614-a and 3614-b  of  the
public  health  law and section 367-i of the social services law and for
distribution  in  accordance  with  the  provisions  of subdivision 9 of
section 2807-j of the public health law for the purpose of  payment  for
administration of statutory duties for the collections and distributions
authorized  by  sections  2807-c, 2807-d, 2807-j, 2807-k, 2807-l, 3614-a
and 3614-b of the public health law and  section  367-i  of  the  social
services  law into the special revenue funds - other, health care reform
act (HCRA) resources fund - 061, provider collection monitoring account,
established within the department of health.
  § 15. Section 2807-l of the public health law, as amended by section 7
of part B of chapter 60 of the laws of  2014,  is  amended  to  read  as
follows:
  § 2807-l. Health care initiatives pool distributions. 1. Funds accumu-
lated  in the health care initiatives pools pursuant to paragraph (b) of
subdivision nine of section twenty-eight hundred seven-j of  this  arti-
cle,  or  the  health  care reform act (HCRA) resources fund established
pursuant to section ninety-two-dd of the state finance law, whichever is
applicable, including income from invested funds, shall  be  distributed
or retained by the commissioner or by the state comptroller, as applica-
ble, in accordance with the following.
  (a)  Funds  shall  be  reserved  and accumulated from year to year and
shall be available, including income from invested funds,  for  purposes
of  distributions  to programs to provide health care coverage for unin-
sured or underinsured children pursuant to sections twenty-five  hundred
ten  and  twenty-five hundred eleven of this chapter from the respective
health care initiatives pools established for the following  periods  in
the following amounts:
  (i) from the pool for the period January first, nineteen hundred nine-
ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
up to one hundred twenty million six hundred thousand dollars;
  (ii) from the pool for the  period  January  first,  nineteen  hundred
ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
eight, up to  one  hundred  sixty-four  million  five  hundred  thousand
dollars;
  (iii)  from  the  pool  for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
up to one hundred eighty-one million dollars;
  (iv) from the pool for the period January first, two thousand  through
December thirty-first, two thousand, two hundred seven million dollars;
  (v)  from  the  pool  for  the  period January first, two thousand one
through December thirty-first, two thousand one, two hundred thirty-five
million dollars;
  (vi) from the pool for the period  January  first,  two  thousand  two
through  December  thirty-first, two thousand two, three hundred twenty-
four million dollars;
  (vii) from the pool for the period January first, two  thousand  three
through  December  thirty-first,  two thousand three, up to four hundred
fifty million three hundred thousand dollars;
  (viii) from the pool for the period January first, two  thousand  four
through  December  thirty-first,  two  thousand four, up to four hundred
sixty million nine hundred thousand dollars;
  (ix) from the pool or the health  care  reform  act  (HCRA)  resources
fund,  whichever  is applicable, for the period January first, two thou-

S. 2007--A                         47

sand five through December thirty-first, two thousand five,  up  to  one
hundred fifty-three million eight hundred thousand dollars;
  (x)  from  the  health  care  reform act (HCRA) resources fund for the
period January first, two thousand six  through  December  thirty-first,
two  thousand  six, up to three hundred twenty-five million four hundred
thousand dollars;
  (xi) from the health care reform act (HCRA)  resources  fund  for  the
period  January first, two thousand seven through December thirty-first,
two thousand seven, up to four hundred twenty-eight  million  fifty-nine
thousand dollars;
  (xii)  from  the  health care reform act (HCRA) resources fund for the
period January first, two thousand eight through December  thirty-first,
two  thousand  ten,  up  to four hundred fifty-three million six hundred
seventy-four thousand dollars annually;
  (xiii) from the health care reform act (HCRA) resources fund  for  the
period  January  first, two thousand eleven, through March thirty-first,
two thousand eleven, up to one hundred  thirteen  million  four  hundred
eighteen thousand dollars;
  (xiv)  from  the  health care reform act (HCRA) resources fund for the
period April first, two thousand eleven, through March thirty-first, two
thousand twelve, up to three hundred twenty-four million  seven  hundred
forty-four thousand dollars;
  (xv)  from  the  health  care reform act (HCRA) resources fund for the
period April first, two thousand twelve, through March thirty-first, two
thousand thirteen, up to three hundred forty-six  million  four  hundred
forty-four thousand dollars;
  (xvi)  from  the  health care reform act (HCRA) resources fund for the
period April first, two thousand thirteen, through  March  thirty-first,
two  thousand  fourteen, up to three hundred seventy million six hundred
ninety-five thousand dollars; and
  (xvii) from the health care reform act (HCRA) resources fund for  each
state  fiscal  year  for  periods on and after April first, two thousand
fourteen, within amounts appropriated.
  (b) Funds shall be reserved and accumulated  from  year  to  year  and
shall  be  available, including income from invested funds, for purposes
of distributions for health  insurance  programs  under  the  individual
subsidy programs established pursuant to the expanded health care cover-
age  act of nineteen hundred eighty-eight as amended, and for evaluation
of such programs from the respective health care  initiatives  pools  or
the  health care reform act (HCRA) resources fund, whichever is applica-
ble, established for the following periods in the following amounts:
  (i) (A) an amount not to exceed six million dollars on  an  annualized
basis  for  the  periods  January  first,  nineteen hundred ninety-seven
through December thirty-first, nineteen hundred ninety-nine; up  to  six
million  dollars  for  the  period  January  first, two thousand through
December thirty-first, two thousand; up to five million dollars for  the
period  January  first,  two thousand one through December thirty-first,
two thousand one; up to four million  dollars  for  the  period  January
first, two thousand two through December thirty-first, two thousand two;
up  to  two  million six hundred thousand dollars for the period January
first, two thousand three through December  thirty-first,  two  thousand
three;  up  to one million three hundred thousand dollars for the period
January first, two thousand  four  through  December  thirty-first,  two
thousand four; up to six hundred seventy thousand dollars for the period
January  first,  two  thousand five through June thirtieth, two thousand
five; up to one million three hundred thousand dollars  for  the  period

S. 2007--A                         48

April  first,  two thousand six through March thirty-first, two thousand
seven; and up to one million three hundred thousand dollars annually for
the period April first, two thousand seven through  March  thirty-first,
two  thousand  nine,  shall be allocated to individual subsidy programs;
and
  (B) an amount not to exceed seven million  dollars  on  an  annualized
basis  for the periods during the period January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred ninety-nine
and four million dollars annually for the  periods  January  first,  two
thousand  through  December  thirty-first,  two  thousand two, and three
million dollars for the period January first, two thousand three through
December thirty-first, two thousand three, and two million  dollars  for
the  period  January  first,  two thousand four through December thirty-
first, two thousand four, and two million dollars for the period January
first, two thousand five through June thirtieth, two thousand five shall
be allocated to the catastrophic health care expense program.
  (ii) Notwithstanding any law to the contrary, the characterizations of
the New York state small business health insurance  partnership  program
as  in  effect  prior  to  June  thirtieth,  two thousand three, voucher
program as in effect prior to December thirty-first, two  thousand  one,
individual  subsidy  program  as  in effect prior to June thirtieth, two
thousand five, and catastrophic  health  care  expense  program,  as  in
effect prior to June thirtieth, two thousand five, may, for the purposes
of  identifying  matching funds for the community health care conversion
demonstration project described in a waiver of the provisions  of  title
XIX  of the federal social security act granted to the state of New York
and dated July fifteenth, nineteen hundred ninety-seven, may continue to
be used to characterize the insurance programs in sections four thousand
three hundred twenty-one-a, four thousand  three  hundred  twenty-two-a,
four  thousand  three hundred twenty-six and four thousand three hundred
twenty-seven of the insurance law, which are successor programs to these
programs.
  (c) Up to seventy-eight million dollars shall be reserved and  accumu-
lated  from  year  to  year  from the pool for the period January first,
nineteen hundred ninety-seven through  December  thirty-first,  nineteen
hundred  ninety-seven,  for  purposes  of  public health programs, up to
seventy-six million dollars shall be reserved and accumulated from  year
to  year  from the pools for the periods January first, nineteen hundred
ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
eight  and  January first, nineteen hundred ninety-nine through December
thirty-first, nineteen hundred ninety-nine, up  to  eighty-four  million
dollars  shall  be  reserved  and accumulated from year to year from the
pools for the period January first, two thousand through December  thir-
ty-first,  two  thousand,  up  to  eighty-five  million dollars shall be
reserved and accumulated from year to year from the pools for the period
January first, two thousand one through December thirty-first, two thou-
sand one, up to eighty-six million dollars shall be reserved and accumu-
lated from year to year from the pools for the period January first, two
thousand two through December thirty-first,  two  thousand  two,  up  to
eighty-six  million one hundred fifty thousand dollars shall be reserved
and accumulated from year to year from the pools for the period  January
first,  two  thousand  three through December thirty-first, two thousand
three, up to fifty-eight million seven hundred eighty  thousand  dollars
shall  be  reserved and accumulated from year to year from the pools for
the period January first, two thousand  four  through  December  thirty-
first, two thousand four, up to sixty-eight million seven hundred thirty

S. 2007--A                         49

thousand  dollars  shall  be  reserved and accumulated from year to year
from the pools or the health care  reform  act  (HCRA)  resources  fund,
whichever is applicable, for the period January first, two thousand five
through  December  thirty-first,  two  thousand  five, up to ninety-four
million three hundred fifty thousand dollars shall be reserved and accu-
mulated from year to  year  from  the  health  care  reform  act  (HCRA)
resources  fund  for  the period January first, two thousand six through
December thirty-first, two thousand six,  up  to  seventy  million  nine
hundred  thirty-nine  thousand dollars shall be reserved and accumulated
from year to year from the health care reform act (HCRA) resources  fund
for  the period January first, two thousand seven through December thir-
ty-first, two thousand seven,  up  to  fifty-five  million  six  hundred
eighty-nine  thousand dollars annually shall be reserved and accumulated
from year to year from the health care reform act (HCRA) resources  fund
for  the period January first, two thousand eight through December thir-
ty-first, two thousand ten, up to thirteen million nine hundred  twenty-
two thousand dollars shall be reserved and accumulated from year to year
from  the  health  care  reform act (HCRA) resources fund for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven, and for periods on and  after  April  first,  two  thousand
eleven,  up  to  funding amounts specified below and shall be available,
including income from invested funds, for:
  (i) deposit by the commissioner, within amounts appropriated, and  the
state  comptroller  is  hereby  authorized  and  directed to receive for
deposit to, to the credit of the department of health's special  revenue
fund  -  other, hospital based grants program account or the health care
reform act (HCRA) resources fund, whichever is applicable, for  purposes
of  services  and  expenses  related  to  general  hospital  based grant
programs, up to twenty-two million dollars annually  from  the  nineteen
hundred  ninety-seven pool, nineteen hundred ninety-eight pool, nineteen
hundred ninety-nine pool, two thousand pool, two thousand one  pool  and
two  thousand  two  pool, respectively, up to twenty-two million dollars
from the two thousand three pool, up to  ten  million  dollars  for  the
period  January  first, two thousand four through December thirty-first,
two thousand four, up to eleven million dollars for the  period  January
first,  two  thousand  five  through December thirty-first, two thousand
five, up to twenty-two million dollars for the period January first, two
thousand six through December thirty-first,  two  thousand  six,  up  to
twenty-two million ninety-seven thousand dollars annually for the period
January  first,  two  thousand  seven through December thirty-first, two
thousand ten, up to  five  million  five  hundred  twenty-four  thousand
dollars  for the period January first, two thousand eleven through March
thirty-first, two thousand eleven, up to thirteen million  four  hundred
forty-five  thousand  dollars  for  the period April first, two thousand
eleven through March thirty-first, two thousand twelve, and up to  thir-
teen  million  three  hundred  seventy-five  thousand dollars each state
fiscal year for the period April  first,  two  thousand  twelve  through
March thirty-first, two thousand fourteen;
  (ii) deposit by the commissioner, within amounts appropriated, and the
state  comptroller  is  hereby  authorized  and  directed to receive for
deposit to, to the credit of the  emergency  medical  services  training
account  established  in section ninety-seven-q of the state finance law
or the health care reform act (HCRA) resources fund, whichever is appli-
cable, up to sixteen million dollars on  an  annualized  basis  for  the
periods  January  first,  nineteen hundred ninety-seven through December
thirty-first, nineteen hundred ninety-nine, up to twenty million dollars

S. 2007--A                         50

for the period January first,  two  thousand  through  December  thirty-
first,  two  thousand,  up  to twenty-one million dollars for the period
January first, two thousand one through December thirty-first, two thou-
sand one, up to twenty-two million dollars for the period January first,
two  thousand two through December thirty-first, two thousand two, up to
twenty-two million five hundred fifty thousand dollars  for  the  period
January  first,  two  thousand  three through December thirty-first, two
thousand three, up to nine million six hundred eighty  thousand  dollars
for  the  period January first, two thousand four through December thir-
ty-first, two thousand four, up to twelve  million  one  hundred  thirty
thousand dollars for the period January first, two thousand five through
December  thirty-first, two thousand five, up to twenty-four million two
hundred fifty thousand dollars for the period January first,  two  thou-
sand  six  through December thirty-first, two thousand six, up to twenty
million four hundred ninety-two thousand dollars annually for the period
January first, two thousand seven  through  December  thirty-first,  two
thousand  ten,  up  to  five  million  one hundred twenty-three thousand
dollars for the period January first, two thousand eleven through  March
thirty-first,  two thousand eleven, up to eighteen million three hundred
fifty thousand dollars for the period April first, two  thousand  eleven
through  March thirty-first, two thousand twelve, up to eighteen million
nine hundred fifty thousand dollars for  the  period  April  first,  two
thousand twelve through March thirty-first, two thousand thirteen, up to
nineteen  million  four hundred nineteen thousand dollars for the period
April first, two thousand thirteen through March thirty-first, two thou-
sand fourteen, [and] up to nineteen million six hundred fifty-nine thou-
sand seven hundred dollars each state fiscal  year  for  the  period  of
April first, two thousand fourteen through March thirty-first, two thou-
sand seventeen, AND UP TO SIXTEEN MILLION TWO HUNDRED SEVENTY-NINE THOU-
SAND  DOLLARS  EACH  STATE  FISCAL  YEAR FOR THE PERIOD APRIL FIRST, TWO
THOUSAND SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY;
  (iii) priority distributions by  the  commissioner  up  to  thirty-two
million dollars on an annualized basis for the period January first, two
thousand  through  December thirty-first, two thousand four, up to thir-
ty-eight million dollars on an annualized basis for the  period  January
first,  two  thousand  five  through December thirty-first, two thousand
six, up to eighteen million two hundred fifty thousand dollars  for  the
period  January first, two thousand seven through December thirty-first,
two thousand seven, up to three million dollars annually for the  period
January  first,  two  thousand  eight through December thirty-first, two
thousand ten, up to seven hundred fifty thousand dollars for the  period
January first, two thousand eleven through March thirty-first, two thou-
sand  eleven, up to two million nine hundred thousand dollars each state
fiscal year for the period April  first,  two  thousand  eleven  through
March  thirty-first, two thousand fourteen, [and] up to two million nine
hundred thousand dollars each state fiscal year  for  the  period  April
first,  two  thousand  fourteen through March thirty-first, two thousand
seventeen, AND UP TO TWO MILLION  NINE  HUNDRED  THOUSAND  DOLLARS  EACH
STATE  FISCAL  YEAR  FOR  THE PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN
THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY to be allocated (A)  for
the  purposes established pursuant to subparagraph (ii) of paragraph (f)
of subdivision nineteen of section twenty-eight hundred seven-c of  this
article  as in effect on December thirty-first, nineteen hundred ninety-
six and as may thereafter be amended,  up  to  fifteen  million  dollars
annually  for  the  periods January first, two thousand through December
thirty-first, two thousand four, up to twenty-one million dollars  annu-

S. 2007--A                         51

ally  for  the  period January first, two thousand five through December
thirty-first, two thousand six, and up to  seven  million  five  hundred
thousand  dollars  for  the  period  January  first,  two thousand seven
through March thirty-first, two thousand seven;
  (B)  pursuant  to  a  memorandum  of understanding entered into by the
commissioner, the majority leader of the senate and the speaker  of  the
assembly,  for  the purposes outlined in such memorandum upon the recom-
mendation of the majority leader  of the senate,  up  to  eight  million
five hundred thousand dollars annually for the period January first, two
thousand through December thirty-first, two thousand six, and up to four
million two hundred fifty thousand dollars for the period January first,
two  thousand  seven through June thirtieth, two thousand seven, and for
the purposes outlined in such memorandum upon the recommendation of  the
speaker  of  the  assembly,  up  to  eight million five hundred thousand
dollars annually for the periods January  first,  two  thousand  through
December  thirty-first,  two  thousand  six,  and up to four million two
hundred fifty thousand dollars for the period January first,  two  thou-
sand seven through June thirtieth, two thousand seven; and
  (C)  for services and expenses, including grants, related to emergency
assistance distributions as designated by the  commissioner.    Notwith-
standing  section  one  hundred twelve or one hundred sixty-three of the
state finance law or any other contrary provision of law, such  distrib-
utions shall be limited to providers or programs where, as determined by
the  commissioner,  emergency assistance is vital to protect the life or
safety of patients, to ensure the retention of  facility  caregivers  or
other  staff, or in instances where health facility operations are jeop-
ardized, or where the public health is jeopardized  or  other  emergency
situations  exist,  up  to three million dollars annually for the period
April first, two thousand seven through March thirty-first, two thousand
eleven, up to two million  nine  hundred  thousand  dollars  each  state
fiscal  year  for  the  period  April first, two thousand eleven through
March thirty-first, two thousand fourteen, [and] up to two million  nine
hundred  thousand  dollars  each  state fiscal year for the period April
first, two thousand fourteen through March  thirty-first,  two  thousand
seventeen,  AND  UP  TO  TWO  MILLION NINE HUNDRED THOUSAND DOLLARS EACH
STATE FISCAL YEAR FOR THE PERIOD APRIL  FIRST,  TWO  THOUSAND  SEVENTEEN
THROUGH  MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.  Upon any distribution
of such funds, the commissioner shall immediately notify the  chair  and
ranking  minority  member  of the senate finance committee, the assembly
ways and means committee, the senate committee on health, and the assem-
bly committee on health;
  (iv) distributions by  the  commissioner  related  to  poison  control
centers  pursuant  to subdivision seven of section twenty-five hundred-d
of this chapter, up to five  million  dollars  for  the  period  January
first,  nineteen  hundred  ninety-seven  through  December thirty-first,
nineteen hundred ninety-seven, up to three million dollars on an annual-
ized basis for the periods during the  period  January  first,  nineteen
hundred  ninety-eight  through  December  thirty-first, nineteen hundred
ninety-nine, up to five million dollars annually for the periods January
first, two thousand through December thirty-first, two thousand two,  up
to  four  million  six hundred thousand dollars annually for the periods
January first, two thousand three  through  December  thirty-first,  two
thousand  four,  up to five million one hundred thousand dollars for the
period January first, two thousand five through  December  thirty-first,
two  thousand  six  annually,  up  to  five million one hundred thousand
dollars annually for  the  period  January  first,  two  thousand  seven

S. 2007--A                         52

through  December  thirty-first,  two thousand nine, up to three million
six hundred thousand dollars for the period January first, two  thousand
ten through December thirty-first, two thousand ten, up to seven hundred
seventy-five thousand dollars for the period January first, two thousand
eleven  through  March  thirty-first,  two  thousand  eleven,  up to two
million five hundred thousand dollars each state  fiscal  year  for  the
period  April first, two thousand eleven through March thirty-first, two
thousand fourteen, [and] up to three million dollars each  state  fiscal
year  for  the  period  April first, two thousand fourteen through March
thirty-first, two thousand seventeen, AND UP TO ONE MILLION NINE HUNDRED
THOUSAND DOLLARS FOR EACH STATE FISCAL YEAR FOR THE PERIOD APRIL  FIRST,
TWO  THOUSAND SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY;
and
  (v) deposit by the commissioner, within amounts appropriated, and  the
state  comptroller  is  hereby  authorized  and  directed to receive for
deposit to, to the credit of the department of health's special  revenue
fund  -  other,  miscellaneous  special  revenue fund - 339 maternal and
child HIV  services  account  or  the  health  care  reform  act  (HCRA)
resources  fund,  whichever  is  applicable,  for  purposes of a special
program for HIV services for women and children,  including  adolescents
pursuant  to  section  twenty-five  hundred-f-one of this chapter, up to
five million dollars annually for the periods January first,  two  thou-
sand through December thirty-first, two thousand two, up to five million
dollars  for the period January first, two thousand three through Decem-
ber thirty-first, two thousand three, up to  two  million  five  hundred
thousand dollars for the period January first, two thousand four through
December thirty-first, two thousand four, up to two million five hundred
thousand dollars for the period January first, two thousand five through
December thirty-first, two thousand five, up to five million dollars for
the  period  January  first,  two  thousand six through December thirty-
first, two thousand six, up to five million  dollars  annually  for  the
period  January first, two thousand seven through December thirty-first,
two thousand ten, up to one million two hundred fifty  thousand  dollars
for  the period January first, two thousand eleven through March thirty-
first, two thousand eleven, and up to five million  dollars  each  state
fiscal  year  for  the  period  April first, two thousand eleven through
March thirty-first, two thousand fourteen;
  (d) (i) An amount of up to twenty million  dollars  annually  for  the
period  January  first,  two thousand through December thirty-first, two
thousand six, up to ten million dollars for the  period  January  first,
two  thousand  seven  through  June thirtieth, two thousand seven, up to
twenty million dollars annually for the period January first, two  thou-
sand  eight  through December thirty-first, two thousand ten, up to five
million dollars for  the  period  January  first,  two  thousand  eleven
through  March thirty-first, two thousand eleven, up to nineteen million
six hundred thousand dollars each state fiscal year for the period April
first, two thousand eleven  through  March  thirty-first,  two  thousand
fourteen, [and] up to nineteen million six hundred thousand dollars each
state  fiscal  year  for  the  period April first, two thousand fourteen
through March thirty-first, two thousand seventeen, AND UP  TO  NINETEEN
MILLION  SIX  HUNDRED  THOUSAND  DOLLARS  EACH STATE FISCAL YEAR FOR THE
PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH  MARCH  THIRTY-FIRST,
TWO  THOUSAND  TWENTY,  shall  be  transferred  to  the  health facility
restructuring pool established pursuant to section twenty-eight  hundred
fifteen of this article;

S. 2007--A                         53

  (ii)  provided,  however, amounts transferred pursuant to subparagraph
(i) of this paragraph may be reduced in an amount to be approved by  the
director  of  the budget to reflect the amount received from the federal
government under the state's 1115 waiver which  is  directed  under  its
terms and conditions to the health facility restructuring program.
  (e)  Funds  shall  be  reserved  and accumulated from year to year and
shall be available,  including income from invested funds, for  purposes
of  distributions  to  organizations  to  support  the  health workforce
retraining program established pursuant to section twenty-eight  hundred
seven-g  of  this   article  from the respective health care initiatives
pools established for the following periods  in  the  following  amounts
from  the  pools  or  the  health care reform act (HCRA) resources fund,
whichever is applicable,  during  the  period  January  first,  nineteen
hundred  ninety-seven  through  December  thirty-first, nineteen hundred
ninety-nine, up to fifty million dollars on an annualized basis,  up  to
thirty  million  dollars  for  the  period  January  first, two thousand
through December thirty-first, two thousand, up to forty million dollars
for the period January first, two thousand one through December  thirty-
first,  two  thousand  one,  up  to fifty million dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two, up to forty-one million one hundred fifty thousand dollars for
the period January first, two thousand three  through  December  thirty-
first,  two  thousand  three,  up to forty-one million one hundred fifty
thousand dollars for the period January first, two thousand four through
December thirty-first, two thousand  four,  up  to  fifty-eight  million
three  hundred  sixty thousand dollars for the period January first, two
thousand five through December thirty-first, two thousand  five,  up  to
fifty-two  million  three  hundred sixty thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six, up to thirty-five million four hundred thousand dollars  annu-
ally  for  the period January first, two thousand seven through December
thirty-first, two thousand ten, up to eight million eight hundred  fifty
thousand  dollars  for  the  period  January  first, two thousand eleven
through March thirty-first, two  thousand  eleven,  up  to  twenty-eight
million  four  hundred  thousand  dollars each state fiscal year for the
period April first, two thousand eleven through March thirty-first,  two
thousand  fourteen,  [and] up to twenty-six million eight hundred seven-
teen thousand dollars each state fiscal year for the period April first,
two thousand fourteen through March thirty-first,  two  thousand  seven-
teen,  AND  UP  TO  TWENTY-SIX  MILLION EIGHT HUNDRED SEVENTEEN THOUSAND
DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND
SEVENTEEN  THROUGH  MARCH  THIRTY-FIRST,  TWO  THOUSAND TWENTY, less the
amount of funds available for allocations for rate adjustments for work-
force training programs for payments by state governmental agencies  for
inpatient hospital services.
  (f) Funds shall be accumulated and transferred from as follows:
  (i) from the pool for the period January first, nineteen hundred nine-
ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
(A) thirty-four million  six hundred thousand dollars  shall  be  trans-
ferred  to  funds  reserved and accumulated pursuant to paragraph (b) of
subdivision nineteen of section twenty-eight  hundred  seven-c  of  this
article,  and  (B)  eighty-two  million dollars shall be transferred and
deposited and credited to the credit of the state general  fund  medical
assistance local assistance account;
  (ii)  from  the  pool  for  the period January first, nineteen hundred
ninety-eight through December  thirty-first,  nineteen  hundred  ninety-

S. 2007--A                         54

eight, eighty-two million dollars shall be transferred and deposited and
credited  to  the  credit  of  the state general fund medical assistance
local assistance account;
  (iii)  from  the  pool  for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
eighty-two million dollars shall be transferred and deposited and  cred-
ited  to  the  credit of the state general fund medical assistance local
assistance account;
  (iv) from the pool or the health  care  reform  act  (HCRA)  resources
fund,  whichever  is applicable, for the period January first, two thou-
sand  through  December  thirty-first,  two  thousand  four,  eighty-two
million dollars annually, and for the period January first, two thousand
five  through  December  thirty-first,  two  thousand  five,  eighty-two
million dollars, and for the period  January  first,  two  thousand  six
through  December  thirty-first,  two  thousand  six, eighty-two million
dollars, and for the period January first, two  thousand  seven  through
December  thirty-first,  two thousand seven, eighty-two million dollars,
and for the period January first, two thousand  eight  through  December
thirty-first,  two thousand eight, ninety million seven hundred thousand
dollars shall be deposited by the  commissioner,  and  the  state  comp-
troller  is hereby authorized and directed to receive for deposit to the
credit of the state special revenue fund - other,  HCRA  transfer  fund,
medical assistance account;
  (v)  from  the  health  care  reform act (HCRA) resources fund for the
period January first, two thousand nine through  December  thirty-first,
two  thousand  nine, one hundred eight million nine hundred seventy-five
thousand dollars, and for the period January  first,  two  thousand  ten
through  December thirty-first, two thousand ten, one hundred twenty-six
million one hundred thousand dollars, for the period January first,  two
thousand  eleven through March thirty-first, two thousand eleven, twenty
million five hundred thousand dollars, and for each  state  fiscal  year
for  the  period  April first, two thousand eleven through March thirty-
first, two thousand fourteen, one hundred forty-six million four hundred
thousand dollars, shall be deposited by the commissioner, and the  state
comptroller is hereby authorized and directed to receive for deposit, to
the  credit  of  the  state  special revenue fund - other, HCRA transfer
fund, medical assistance account.
  (g) Funds shall be transferred to primary health care  services  pools
created  by  the  commissioner, and shall be available, including income
from invested funds, for distributions in accordance with former section
twenty-eight hundred seven-bb of this article from the respective health
care initiatives pools  for  the  following  periods  in  the  following
percentage  amounts  of  funds remaining after allocations in accordance
with paragraphs (a) through (f) of this subdivision:
  (i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
fifteen and eighty-seven-hundredths percent;
  (ii)  from  the  pool  for  the period January first, nineteen hundred
ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
eight, fifteen and eighty-seven-hundredths percent; and
  (iii)  from  the  pool  for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
sixteen and thirteen-hundredths percent.
  (h) Funds shall be reserved and accumulated from year to year  by  the
commissioner  and  shall  be  available,  including income from invested
funds, for purposes of primary care education and training  pursuant  to

S. 2007--A                         55

article nine of this chapter from the respective health care initiatives
pools  established for the following periods in the following percentage
amounts of funds remaining after allocations in  accordance  with  para-
graphs  (a)  through  (f) of this subdivision and shall be available for
distributions as follows:
  (i) funds shall be reserved and accumulated:
  (A) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
six and thirty-five-hundredths percent;
  (B) from the pool for the period January first, nineteen hundred nine-
ty-eight  through  December thirty-first, nineteen hundred ninety-eight,
six and thirty-five-hundredths percent; and
  (C) from the pool for the period January first, nineteen hundred nine-
ty-nine through December thirty-first, nineteen hundred ninety-nine, six
and forty-five-hundredths percent;
  (ii) funds shall be available for distributions including income  from
invested funds as follows:
  (A)  for purposes of the primary care physician loan repayment program
in accordance with section nine hundred three of  this  chapter,  up  to
five million dollars on an annualized basis;
  (B)  for purposes of the primary care practitioner scholarship program
in accordance with section nine hundred four of this chapter, up to  two
million dollars on an annualized basis;
  (C) for purposes of minority participation in medical education grants
in  accordance  with section nine hundred six of this chapter, up to one
million dollars on an annualized basis; and
  (D) provided, however, that the commissioner may reallocate any  funds
remaining  or unallocated for distributions for the primary care practi-
tioner scholarship program in accordance with section nine hundred  four
of this chapter.
  (i)  Funds  shall  be  reserved  and accumulated from year to year and
shall be available, including income from invested funds,  for  distrib-
utions  in  accordance  with  section  twenty-nine hundred fifty-two and
section twenty-nine hundred fifty-eight of this chapter for rural health
care delivery development and  rural  health  care  access  development,
respectively,  from  the respective health care initiatives pools or the
health care reform act (HCRA) resources fund, whichever  is  applicable,
for  the  following periods in the following percentage amounts of funds
remaining after allocations in accordance with  paragraphs  (a)  through
(f) of this subdivision, and for periods on and after January first, two
thousand, in the following amounts:
  (i) from the pool for the period January first, nineteen hundred nine-
ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
thirteen and forty-nine-hundredths percent;
  (ii) from the pool for the  period  January  first,  nineteen  hundred
ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
eight, thirteen and forty-nine-hundredths percent;
  (iii) from the pool for the period  January  first,  nineteen  hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
thirteen and seventy-one-hundredths percent;
  (iv) from the pool for the periods January first, two thousand through
December thirty-first, two thousand two, seventeen million dollars annu-
ally,  and  for  the  period  January  first, two thousand three through
December thirty-first, two thousand three, up to fifteen  million  eight
hundred fifty thousand dollars;

S. 2007--A                         56

  (v) from the pool or the health care reform act (HCRA) resources fund,
whichever is applicable, for the period January first, two thousand four
through  December thirty-first, two thousand four, up to fifteen million
eight hundred fifty thousand dollars, and for the period January  first,
two  thousand  five through December thirty-first, two thousand five, up
to nineteen million two hundred thousand dollars,  and  for  the  period
January first, two thousand six through December thirty-first, two thou-
sand  six,  up to nineteen million two hundred thousand dollars, for the
period January first, two thousand seven through December  thirty-first,
two  thousand  ten,  up  to  eighteen million one hundred fifty thousand
dollars annually, for the period  January  first,  two  thousand  eleven
through March thirty-first, two thousand eleven, up to four million five
hundred  thirty-eight  thousand  dollars, for each state fiscal year for
the period April first, two thousand eleven through March  thirty-first,
two  thousand  fourteen,  up  to  sixteen  million  two hundred thousand
dollars, [and] up to sixteen million two hundred thousand  dollars  each
state  fiscal  year  for  the  period April first, two thousand fourteen
through March thirty-first, two thousand seventeen, AND  UP  TO  FIFTEEN
MILLION  NINE  HUNDRED FIFTY THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR
THE PERIOD APRIL FIRST, TWO THOUSAND  SEVENTEEN  THROUGH  MARCH  THIRTY-
FIRST, TWO THOUSAND TWENTY.
  (j)  Funds  shall  be  reserved  and accumulated from year to year and
shall be available, including income from invested funds,  for  purposes
of  distributions  related to health information and health care quality
improvement pursuant to former section twenty-eight hundred  seven-n  of
this  article  from  the respective health care initiatives pools estab-
lished for the following periods in the following percentage amounts  of
funds  remaining  after  allocations  in  accordance with paragraphs (a)
through (f) of this subdivision:
  (i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
six and thirty-five-hundredths percent;
  (ii)  from  the  pool  for  the period January first, nineteen hundred
ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
eight, six and thirty-five-hundredths percent; and
  (iii)  from  the  pool  for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
six and forty-five-hundredths percent.
  (k) Funds shall be reserved and accumulated  from  year  to  year  and
shall  be  available,  including  income  from invested funds, for allo-
cations  and  distributions  in  accordance  with  section  twenty-eight
hundred  seven-p  of  this  article  for diagnostic and treatment center
uncompensated care from the respective health care initiatives pools  or
the  health care reform act (HCRA) resources fund, whichever is applica-
ble, for the following periods in the following percentage   amounts  of
funds  remaining  after  allocations  in  accordance with paragraphs (a)
through (f) of this subdivision, and for periods on  and  after  January
first, two thousand, in the following amounts:
  (i) from the pool for the period January first, nineteen hundred nine-
ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
thirty-eight and one-tenth percent;
  (ii) from the pool for the  period  January  first,  nineteen  hundred
ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
eight, thirty-eight and one-tenth percent;

S. 2007--A                         57

  (iii) from the pool for the period  January  first,  nineteen  hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
thirty-eight and seventy-one-hundredths percent;
  (iv) from the pool for the periods January first, two thousand through
December  thirty-first,  two  thousand  two, forty-eight million dollars
annually, and for the period January first, two thousand  three  through
June thirtieth, two thousand three, twenty-four million dollars;
  (v)  (A)  from the pool or the health care reform act (HCRA) resources
fund, whichever is applicable, for the period July first,  two  thousand
three  through  December  thirty-first,  two  thousand  three, up to six
million dollars, for the period January first, two thousand four through
December thirty-first, two thousand six, up to  twelve  million  dollars
annually,  for  the  period  January  first,  two thousand seven through
December thirty-first, two thousand thirteen, up to forty-eight  million
dollars  annually,  for  the period January first, two thousand fourteen
through March thirty-first, two thousand fourteen, up to twelve  million
dollars [and], for the period April first, two thousand fourteen through
March  thirty-first,  two  thousand seventeen, up to forty-eight million
dollars annually, AND FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN
THROUGH MARCH TWENTY-FIRST,  TWO  THOUSAND  TWENTY,  UP  TO  FORTY-EIGHT
MILLION DOLLARS ANNUALLY;
  (B)  from  the  health  care  reform act (HCRA) resources fund for the
period January first, two thousand six  through  December  thirty-first,
two  thousand  six,  an  additional  seven million five hundred thousand
dollars, for the period January first, two thousand seven through Decem-
ber thirty-first, two thousand thirteen,  an  additional  seven  million
five  hundred  thousand  dollars annually, for the period January first,
two thousand fourteen through March thirty-first, two thousand fourteen,
an additional one million eight hundred seventy-five  thousand  dollars,
[and]  for  the  period April first, two thousand fourteen through March
thirty-first, two thousand seventeen, an additional seven  million  five
hundred  thousand  dollars annually, AND FOR THE PERIOD APRIL FIRST, TWO
THOUSAND SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND  TWENTY,  AN
ADDITIONAL SIX MILLION FOUR HUNDRED THOUSAND DOLLARS ANNUALLY for volun-
tary  non-profit  diagnostic  and treatment center uncompensated care in
accordance with  subdivision  four-c  of  section  twenty-eight  hundred
seven-p of this article; and
  (vi)  funds  reserved  and  accumulated pursuant to this paragraph for
periods on and after July first, two thousand three, shall be  deposited
by  the  commissioner,  within amounts appropriated, and the state comp-
troller is hereby authorized and directed to receive for deposit to  the
credit  of  the state special revenue funds - other, HCRA transfer fund,
medical assistance account, for purposes of funding the state  share  of
rate  adjustments  made pursuant to section twenty-eight hundred seven-p
of this article, provided, however, that in the event federal  financial
participation  is  not  available  for rate adjustments made pursuant to
paragraph (b) of subdivision one of section twenty-eight hundred seven-p
of this article, funds shall be distributed pursuant to paragraph (a) of
subdivision one of section twenty-eight hundred seven-p of this  article
from  the  respective  health  care initiatives pools or the health care
reform act (HCRA) resources fund, whichever is applicable.
  (l) Funds shall be reserved and accumulated from year to year  by  the
commissioner  and  shall  be  available,  including income from invested
funds, for transfer to and allocation  for services and expenses for the
payment of benefits to recipients of  drugs under the AIDS drug  assist-
ance  program  (ADAP)  -  HIV  uninsured care program as administered by

S. 2007--A                         58

Health Research Incorporated from the  respective   health  care  initi-
atives pools or the health care reform act (HCRA) resources fund, which-
ever is applicable, established for the following periods in the follow-
ing   percentage   amounts  of  funds  remaining  after  allocations  in
accordance with paragraphs (a) through (f) of this subdivision, and  for
periods  on  and  after  January  first,  two thousand, in the following
amounts:
  (i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
nine and fifty-two-hundredths percent;
  (ii)  from  the  pool  for  the period January first, nineteen hundred
ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
eight, nine and fifty-two-hundredths percent;
  (iii)  from  the  pool  for the period January first, nineteen hundred
ninety-nine and December  thirty-first,  nineteen  hundred  ninety-nine,
nine and sixty-eight-hundredths percent;
  (iv) from the pool for the periods January first, two thousand through
December  thirty-first,  two  thousand two, up to twelve million dollars
annually, and for the period January first, two thousand  three  through
December  thirty-first, two thousand three, up to forty million dollars;
and
  (v) from the pool or the health care reform act (HCRA) resources fund,
whichever is applicable, for the periods  January  first,  two  thousand
four  through  December thirty-first, two thousand four, up to fifty-six
million dollars, for the period January first, two thousand five through
December thirty-first, two thousand six, up  to  sixty  million  dollars
annually,  for  the  period  January  first,  two thousand seven through
December thirty-first, two thousand ten, up  to  sixty  million  dollars
annually,  for  the  period  January  first, two thousand eleven through
March thirty-first, two thousand eleven, up to fifteen million  dollars,
each  state  fiscal year for the period April first, two thousand eleven
through March thirty-first,  two  thousand  fourteen,  up  to  forty-two
million  three  hundred  thousand dollars [and], up to forty-one million
fifty thousand dollars each state  fiscal  year  for  the  period  April
first,  two  thousand  fourteen through March thirty-first, two thousand
seventeen, AND UP TO FORTY-ONE MILLION FIFTY THOUSAND DOLLARS EACH STATE
FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND  SEVENTEEN  THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
  (m)  Funds  shall  be  reserved  and accumulated from year to year and
shall be available, including income from invested funds,  for  purposes
of  distributions  pursuant  to  section twenty-eight hundred seven-r of
this article for cancer related services from the respective health care
initiatives pools or the health care reform act (HCRA)  resources  fund,
whichever  is  applicable,  established for the following periods in the
following percentage amounts of funds  remaining  after  allocations  in
accordance  with paragraphs (a) through (f) of this subdivision, and for
periods on and after January  first,  two  thousand,  in  the  following
amounts:
  (i) from the pool for the period January first, nineteen hundred nine-
ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
seven and ninety-four-hundredths percent;
  (ii) from the pool for the  period  January  first,  nineteen  hundred
ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
eight, seven and ninety-four-hundredths percent;

S. 2007--A                         59

  (iii) from the pool for the period  January  first,  nineteen  hundred
ninety-nine and December thirty-first, nineteen hundred ninety-nine, six
and forty-five-hundredths percent;
  (iv)  from the pool for the period January first, two thousand through
December thirty-first, two thousand two, up to ten million dollars on an
annual basis;
  (v) from the pool for the period January  first,  two  thousand  three
through  December  thirty-first,  two thousand four, up to eight million
nine hundred fifty thousand dollars on an annual basis;
  (vi) from the pool or the health  care  reform  act  (HCRA)  resources
fund,  whichever  is applicable, for the period January first, two thou-
sand five through December thirty-first, two thousand  six,  up  to  ten
million  fifty thousand dollars on an annual basis, for the period Janu-
ary first, two thousand seven through December thirty-first,  two  thou-
sand  ten,  up  to nineteen million dollars annually, and for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven, up to four million seven hundred fifty thousand dollars.
  (n) Funds shall be accumulated and transferred from  the  health  care
reform act (HCRA) resources fund as follows: for the period April first,
two  thousand  seven through March thirty-first, two thousand eight, and
on an annual basis for the  periods  April  first,  two  thousand  eight
through  November  thirtieth,  two  thousand  nine, funds within amounts
appropriated shall be transferred and  deposited  and  credited  to  the
credit  of  the state special revenue funds - other, HCRA transfer fund,
medical assistance account, for purposes of funding the state  share  of
rate  adjustments  made  to public and voluntary hospitals in accordance
with paragraphs (i) and (j) of subdivision one of  section  twenty-eight
hundred seven-c of this article.
  2.  Notwithstanding  any  inconsistent provision of law, rule or regu-
lation, any funds accumulated  in  the  health  care  initiatives  pools
pursuant  to  paragraph  (b) of subdivision nine of section twenty-eight
hundred seven-j of this article, as a result of surcharges,  assessments
or  other obligations during the periods January first, nineteen hundred
ninety-seven through December  thirty-first,  nineteen  hundred  ninety-
nine, which are unused or uncommitted for distributions pursuant to this
section  shall  be  reserved  and  accumulated  from year to year by the
commissioner and, within amounts appropriated, transferred and deposited
into the special revenue funds - other,  miscellaneous  special  revenue
fund  -  339,  child  health  insurance account or any successor fund or
account, for purposes of distributions to  implement  the  child  health
insurance  program  established pursuant to sections twenty-five hundred
ten and twenty-five hundred eleven of this chapter for  periods  on  and
after January first, two thousand one; provided, however, funds reserved
and  accumulated  for  priority  distributions  pursuant to subparagraph
(iii) of paragraph (c) of subdivision one of this section shall  not  be
transferred  and  deposited  into such account pursuant to this subdivi-
sion; and provided further, however, that any unused or uncommitted pool
funds accumulated and allocated pursuant to paragraph (j) of subdivision
one of this section shall be distributed  for  purposes  of  the  health
information and quality improvement act of 2000.
  3.  Revenue  from  distributions pursuant to this section shall not be
included in gross revenue  received  for  purposes  of  the  assessments
pursuant to subdivision eighteen of section twenty-eight hundred seven-c
of  this article, subject to the provisions of paragraph (e) of subdivi-
sion eighteen of section twenty-eight hundred seven-c of  this  article,
and  shall not be included in gross revenue received for purposes of the

S. 2007--A                         60

assessments pursuant to section twenty-eight  hundred  seven-d  of  this
article,  subject  to  the  provisions  of subdivision twelve of section
twenty-eight hundred seven-d of this article.
  § 16. Section 2807-v of the public health law, as amended by section 8
of  part  B  of  chapter  60  of the laws of 2014, is amended to read as
follows:
  § 2807-v. Tobacco control  and  insurance  initiatives  pool  distrib-
utions.    1.  Funds  accumulated  in  the tobacco control and insurance
initiatives pool or in the health care reform act (HCRA) resources  fund
established  pursuant to section ninety-two-dd of the state finance law,
whichever is applicable, including income from invested funds, shall  be
distributed or retained by the commissioner or by the state comptroller,
as applicable, in accordance with the following:
  (a)  Funds  shall  be  deposited  by  the commissioner, within amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed  to  receive  for  deposit  to  the credit of the state special
revenue funds - other, HCRA transfer fund, medicaid  fraud  hotline  and
medicaid  administration  account, or any successor fund or account, for
purposes of services and expenses  related  to  the  toll-free  medicaid
fraud hotline established pursuant to section one hundred eight of chap-
ter  one  of  the  laws of nineteen hundred ninety-nine from the tobacco
control and insurance initiatives pool  established  for  the  following
periods in the following amounts: four hundred thousand dollars annually
for  the  periods  January  first, two thousand through December thirty-
first, two thousand two, up to four hundred  thousand  dollars  for  the
period  January first, two thousand three through December thirty-first,
two thousand three, up to four hundred thousand dollars for  the  period
January  first,  two  thousand  four  through December thirty-first, two
thousand four, up to four hundred thousand dollars for the period  Janu-
ary first, two thousand five through December thirty-first, two thousand
five,  up to four hundred thousand dollars for the period January first,
two thousand six through December thirty-first, two thousand six, up  to
four hundred thousand dollars for the period January first, two thousand
seven  through  December  thirty-first,  two  thousand seven, up to four
hundred thousand dollars for the  period  January  first,  two  thousand
eight  through  December  thirty-first,  two  thousand eight, up to four
hundred thousand dollars for the period January first, two thousand nine
through December thirty-first, two thousand nine,  up  to  four  hundred
thousand  dollars for the period January first, two thousand ten through
December thirty-first, two thousand ten,  up  to  one  hundred  thousand
dollars  for the period January first, two thousand eleven through March
thirty-first, two thousand eleven and within amounts appropriated on and
after April first, two thousand eleven.
  (b) Funds shall be reserved and accumulated  from  year  to  year  and
shall  be  available, including income from invested funds, for purposes
of payment of audits or audit contracts necessary to determine payor and
provider compliance with requirements set forth in sections twenty-eight
hundred seven-j, twenty-eight hundred seven-s and  twenty-eight  hundred
seven-t  of  this  article from the tobacco control and insurance initi-
atives pool established for  the  following  periods  in  the  following
amounts:  five  million  six  hundred  thousand dollars annually for the
periods January first, two thousand through December  thirty-first,  two
thousand  two,  up to five million dollars for the period January first,
two thousand three through December thirty-first, two thousand three, up
to five million dollars for the period January first, two thousand  four
through  December  thirty-first,  two  thousand four, up to five million

S. 2007--A                         61

dollars for the period January first, two thousand five through December
thirty first, two thousand five, up to  five  million  dollars  for  the
period  January  first,  two thousand six through December thirty-first,
two thousand six, up to seven million eight hundred thousand dollars for
the  period  January  first, two thousand seven through December thirty-
first, two thousand seven, and up to eight million three  hundred  twen-
ty-five  thousand  dollars  for  the  period January first, two thousand
eight through December thirty-first, two thousand  eight,  up  to  eight
million  five hundred thousand dollars for the period January first, two
thousand nine through December thirty-first, two thousand  nine,  up  to
eight  million  five  hundred  thousand  dollars  for the period January
first, two thousand ten through December thirty-first, two thousand ten,
up to two million one hundred twenty-five thousand dollars for the peri-
od January first, two thousand eleven through  March  thirty-first,  two
thousand  eleven,  up to fourteen million seven hundred thousand dollars
each state fiscal year for the period April first, two  thousand  eleven
through  March  thirty-first,  two thousand fourteen, [and] up to eleven
million one hundred thousand dollars each  state  fiscal  year  for  the
period  April  first,  two thousand fourteen through March thirty-first,
two thousand seventeen, AND UP TO ELEVEN MILLION  ONE  HUNDRED  THOUSAND
DOLLARS  EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
  (c) Funds shall be  deposited  by  the  commissioner,  within  amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed to receive for deposit to  the  credit  of  the  state  special
revenue  funds  - other, HCRA transfer fund, enhanced community services
account, or any successor fund or account, for  mental  health  services
programs for case management services for adults and children; supported
housing;  home  and community based waiver services; family based treat-
ment; family support services; mobile mental health teams;  transitional
housing; and community oversight, established pursuant to articles seven
and  forty-one of the mental hygiene law and subdivision nine of section
three hundred sixty-six of the social services law; and  for  comprehen-
sive  care  centers  for eating disorders pursuant to the former section
twenty-seven hundred ninety-nine-l of  this  chapter,  provided  however
that,  for  such  centers,  funds in the amount of five hundred thousand
dollars on an annualized basis shall be transferred  from  the  enhanced
community services account, or any successor fund or account, and depos-
ited  into  the  fund  established by section ninety-five-e of the state
finance law; from the tobacco control  and  insurance  initiatives  pool
established for the following periods in the following amounts:
  (i)  forty-eight million dollars to be reserved, to be retained or for
distribution pursuant to a chapter of the laws of two thousand, for  the
period  January  first,  two thousand through December thirty-first, two
thousand;
  (ii) eighty-seven million dollars to be reserved, to  be  retained  or
for  distribution pursuant to a chapter of the laws of two thousand one,
for the period January first, two thousand one through December  thirty-
first, two thousand one;
  (iii)  eighty-seven  million dollars to be reserved, to be retained or
for distribution pursuant to a chapter of the laws of two thousand  two,
for  the period January first, two thousand two through December thirty-
first, two thousand two;
  (iv) eighty-eight million dollars to be reserved, to  be  retained  or
for  distribution  pursuant  to  a  chapter  of the laws of two thousand

S. 2007--A                         62

three, for the period January first, two thousand three through December
thirty-first, two thousand three;
  (v)  eighty-eight million dollars, plus five hundred thousand dollars,
to be reserved, to be retained or for distribution pursuant to a chapter
of the laws of two thousand four, and pursuant  to  the  former  section
twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
ary first, two thousand four through December thirty-first, two thousand
four;
  (vi) eighty-eight million dollars, plus five hundred thousand dollars,
to be reserved, to be retained or for distribution pursuant to a chapter
of  the  laws  of  two thousand five, and pursuant to the former section
twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
ary first, two thousand five through December thirty-first, two thousand
five;
  (vii)  eighty-eight  million  dollars,  plus  five  hundred   thousand
dollars,  to be reserved, to be retained or for distribution pursuant to
a chapter of the laws of  two  thousand  six,  and  pursuant  to  former
section  twenty-seven  hundred  ninety-nine-l  of  this chapter, for the
period January first, two thousand six  through  December  thirty-first,
two thousand six;
  (viii)  eighty-six  million  four  hundred thousand dollars, plus five
hundred thousand dollars, to be reserved, to be retained or for distrib-
ution pursuant to a chapter of the laws of two thousand seven and pursu-
ant to the former section twenty-seven  hundred  ninety-nine-l  of  this
chapter, for the period January first, two thousand seven through Decem-
ber thirty-first, two thousand seven; and
  (ix)  twenty-two  million nine hundred thirteen thousand dollars, plus
one hundred twenty-five thousand dollars, to be reserved, to be retained
or for distribution pursuant to a chapter of the laws  of  two  thousand
eight  and  pursuant  to the former section twenty-seven hundred ninety-
nine-l of this chapter, for the period January first, two thousand eight
through March thirty-first, two thousand eight.
  (d) Funds shall be  deposited  by  the  commissioner,  within  amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed to receive for deposit to  the  credit  of  the  state  special
revenue  funds  - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for  purposes  of  funding  the  state
share of services and expenses related to the family health plus program
including up to two and one-half million dollars annually for the period
January  first, two thousand through December thirty-first, two thousand
two, for administration and marketing costs associated with such program
established pursuant to clause (A) of subparagraph (v) of paragraph  (a)
of  subdivision two of section three hundred sixty-nine-ee of the social
services law from the tobacco control  and  insurance  initiatives  pool
established for the following periods in the following amounts:
  (i) three million five hundred thousand dollars for the period January
first, two thousand through December thirty-first, two thousand;
  (ii)  twenty-seven  million  dollars for the period January first, two
thousand one through December thirty-first, two thousand one; and
  (iii) fifty-seven million dollars for the period  January  first,  two
thousand two through December thirty-first, two thousand two.
  (e)  Funds  shall  be  deposited  by  the commissioner, within amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed  to  receive  for  deposit  to  the credit of the state special
revenue funds - other, HCRA transfer fund, medical  assistance  account,
or  any  successor  fund  or  account, for purposes of funding the state

S. 2007--A                         63

share of services and expenses related to the family health plus program
including up to two and one-half million dollars annually for the period
January first, two thousand through December thirty-first, two  thousand
two  for administration and marketing costs associated with such program
established pursuant to clause (B) of subparagraph (v) of paragraph  (a)
of  subdivision two of section three hundred sixty-nine-ee of the social
services law from the tobacco control  and  insurance  initiatives  pool
established for the following periods in the following amounts:
  (i)  two  million five hundred thousand dollars for the period January
first, two thousand through December thirty-first, two thousand;
  (ii) thirty million five hundred thousand dollars for the period Janu-
ary first, two thousand one through December thirty-first, two  thousand
one; and
  (iii)  sixty-six  million  dollars  for  the period January first, two
thousand two through December thirty-first, two thousand two.
  (f) Funds shall be  deposited  by  the  commissioner,  within  amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed to receive for deposit to  the  credit  of  the  state  special
revenue  funds  -  other, HCRA transfer fund, medicaid fraud hotline and
medicaid administration account, or any successor fund or  account,  for
purposes of payment of administrative expenses of the department related
to  the family health plus program established pursuant to section three
hundred sixty-nine-ee of  the  social  services  law  from  the  tobacco
control  and  insurance  initiatives  pool established for the following
periods in the following amounts: five hundred thousand  dollars  on  an
annual  basis for the periods January first, two thousand through Decem-
ber thirty-first, two thousand six, five hundred  thousand  dollars  for
the  period  January  first, two thousand seven through December thirty-
first, two thousand seven, and five hundred  thousand  dollars  for  the
period  January first, two thousand eight through December thirty-first,
two thousand eight, five hundred thousand dollars for the period January
first, two thousand nine through  December  thirty-first,  two  thousand
nine,  five  hundred  thousand dollars for the period January first, two
thousand ten  through  December  thirty-first,  two  thousand  ten,  one
hundred  twenty-five  thousand dollars for the period January first, two
thousand eleven through March  thirty-first,  two  thousand  eleven  and
within amounts appropriated on and after April first, two thousand elev-
en.
  (g)  Funds  shall  be  reserved  and accumulated from year to year and
shall be available, including income from invested funds,  for  purposes
of  services and expenses related to the health maintenance organization
direct pay market program established pursuant to  sections  forty-three
hundred  twenty-one-a and forty-three hundred twenty-two-a of the insur-
ance law from the tobacco control and insurance initiatives pool  estab-
lished for the following periods in the following amounts:
  (i)  up  to  thirty-five million dollars for the period January first,
two thousand through December thirty-first, two thousand of which  fifty
percentum  shall  be  allocated  to the program pursuant to section four
thousand three hundred twenty-one-a  of  the  insurance  law  and  fifty
percentum to the program pursuant to section four thousand three hundred
twenty-two-a of the insurance law;
  (ii)  up  to  thirty-six million dollars for the period January first,
two thousand one through December  thirty-first,  two  thousand  one  of
which  fifty  percentum  shall  be  allocated to the program pursuant to
section four thousand three hundred twenty-one-a of  the  insurance  law

S. 2007--A                         64

and  fifty  percentum  to  the program pursuant to section four thousand
three hundred twenty-two-a of the insurance law;
  (iii)  up to thirty-nine million dollars for the period January first,
two thousand two through December  thirty-first,  two  thousand  two  of
which  fifty  percentum  shall  be  allocated to the program pursuant to
section four thousand three hundred twenty-one-a of  the  insurance  law
and  fifty  percentum  to  the program pursuant to section four thousand
three hundred twenty-two-a of the insurance law;
  (iv) up to forty million dollars for the  period  January  first,  two
thousand  three  through  December  thirty-first,  two thousand three of
which fifty percentum shall be allocated  to  the  program  pursuant  to
section  four  thousand  three hundred twenty-one-a of the insurance law
and fifty percentum to the program pursuant  to  section  four  thousand
three hundred twenty-two-a of the insurance law;
  (v)  up  to  forty  million  dollars for the period January first, two
thousand four through December thirty-first, two thousand four of  which
fifty  percentum  shall  be allocated to the program pursuant to section
four thousand three hundred twenty-one-a of the insurance law and  fifty
percentum to the program pursuant to section four thousand three hundred
twenty-two-a of the insurance law;
  (vi)  up  to  forty  million dollars for the period January first, two
thousand five through December thirty-first, two thousand five of  which
fifty  percentum  shall  be allocated to the program pursuant to section
four thousand three hundred twenty-one-a of the insurance law and  fifty
percentum to the program pursuant to section four thousand three hundred
twenty-two-a of the insurance law;
  (vii)  up  to  forty million dollars for the period January first, two
thousand six through December thirty-first, two thousand  six  of  which
fifty  percentum  shall  be allocated to the program pursuant to section
four thousand three hundred twenty-one-a of the insurance law and  fifty
percentum  shall  be  allocated  to the program pursuant to section four
thousand three hundred twenty-two-a of the insurance law;
  (viii) up to forty million dollars for the period January  first,  two
thousand  seven  through  December  thirty-first,  two thousand seven of
which fifty percentum shall be allocated  to  the  program  pursuant  to
section  four  thousand  three hundred twenty-one-a of the insurance law
and fifty percentum shall  be  allocated  to  the  program  pursuant  to
section  four  thousand three hundred twenty-two-a of the insurance law;
and
  (ix) up to forty million dollars for the  period  January  first,  two
thousand  eight  through  December  thirty-first,  two thousand eight of
which fifty per centum shall be allocated to  the  program  pursuant  to
section  four  thousand  three hundred twenty-one-a of the insurance law
and fifty per centum shall be  allocated  to  the  program  pursuant  to
section four thousand three hundred twenty-two-a of the insurance law.
  (h)  Funds  shall  be  reserved  and accumulated from year to year and
shall be available, including income from invested funds,  for  purposes
of  services  and  expenses  related  to the healthy New York individual
program established pursuant to sections  four  thousand  three  hundred
twenty-six and four thousand three hundred twenty-seven of the insurance
law  from the tobacco control and insurance initiatives pool established
for the following periods in the following amounts:
  (i) up to six million dollars for the period January first, two  thou-
sand one through December thirty-first, two thousand one;
  (ii)  up  to twenty-nine million dollars for the period January first,
two thousand two through December thirty-first, two thousand two;

S. 2007--A                         65

  (iii) up to five million one hundred thousand dollars for  the  period
January  first,  two  thousand  three through December thirty-first, two
thousand three;
  (iv)  up  to  twenty-four million six hundred thousand dollars for the
period January first, two thousand four through  December  thirty-first,
two thousand four;
  (v)  up  to  thirty-four  million six hundred thousand dollars for the
period January first, two thousand five through  December  thirty-first,
two thousand five;
  (vi)  up  to fifty-four million eight hundred thousand dollars for the
period January first, two thousand six  through  December  thirty-first,
two thousand six;
  (vii)  up  to sixty-one million seven hundred thousand dollars for the
period January first, two thousand seven through December  thirty-first,
two thousand seven; and
  (viii)  up  to  one hundred three million seven hundred fifty thousand
dollars for the period January first, two thousand eight through  Decem-
ber thirty-first, two thousand eight.
  (i)  Funds  shall  be  reserved  and accumulated from year to year and
shall be available, including income from invested funds,  for  purposes
of  services  and expenses related to the healthy New York group program
established pursuant to sections four thousand three hundred  twenty-six
and  four  thousand three hundred twenty-seven of the insurance law from
the tobacco control and insurance initiatives pool established  for  the
following periods in the following amounts:
  (i)  up  to  thirty-four million dollars for the period January first,
two thousand one through December thirty-first, two thousand one;
  (ii) up to seventy-seven million dollars for the period January first,
two thousand two through December thirty-first, two thousand two;
  (iii) up to ten million five hundred thousand dollars for  the  period
January  first,  two  thousand  three through December thirty-first, two
thousand three;
  (iv) up to twenty-four million six hundred thousand  dollars  for  the
period  January  first, two thousand four through December thirty-first,
two thousand four;
  (v) up to thirty-four million six hundred  thousand  dollars  for  the
period  January  first, two thousand five through December thirty-first,
two thousand five;
  (vi) up to fifty-four million eight hundred thousand dollars  for  the
period  January  first,  two thousand six through December thirty-first,
two thousand six;
  (vii) up to sixty-one million seven hundred thousand dollars  for  the
period  January first, two thousand seven through December thirty-first,
two thousand seven; and
  (viii) up to one hundred three million seven  hundred  fifty  thousand
dollars  for the period January first, two thousand eight through Decem-
ber thirty-first, two thousand eight.
  (i-1) Notwithstanding the provisions of paragraphs (h) and (i) of this
subdivision, the commissioner shall reserve and  accumulate  up  to  two
million  five  hundred thousand dollars annually for the periods January
first, two thousand four through  December  thirty-first,  two  thousand
six,  one  million  four hundred thousand dollars for the period January
first, two thousand seven through December  thirty-first,  two  thousand
seven,  two  million  dollars for the period January first, two thousand
eight through December thirty-first,  two  thousand  eight,  from  funds
otherwise  available  for  distribution  under  such  paragraphs for the

S. 2007--A                         66

services and expenses related to the  pilot  program  for  entertainment
industry  employees  included  in subsection (b) of section one thousand
one hundred twenty-two of the insurance law,  and  an  additional  seven
hundred  thousand  dollars  annually  for the periods January first, two
thousand four through December thirty-first, two thousand six, an  addi-
tional  three hundred thousand dollars for the period January first, two
thousand seven through June thirtieth, two thousand seven  for  services
and expenses related to the pilot program for displaced workers included
in  subsection (c) of section one thousand one hundred twenty-two of the
insurance law.
  (j) Funds shall be reserved and accumulated  from  year  to  year  and
shall  be  available, including income from invested funds, for purposes
of services and expenses related  to  the  tobacco  use  prevention  and
control  program established pursuant to sections thirteen hundred nine-
ty-nine-ii and thirteen hundred ninety-nine-jj of this chapter, from the
tobacco control and  insurance  initiatives  pool  established  for  the
following periods in the following amounts:
  (i)  up  to  thirty  million dollars for the period January first, two
thousand through December thirty-first, two thousand;
  (ii) up to forty million dollars for the  period  January  first,  two
thousand one through December thirty-first, two thousand one;
  (iii)  up  to  forty million dollars for the period January first, two
thousand two through December thirty-first, two thousand two;
  (iv) up to thirty-six million nine hundred fifty thousand dollars  for
the  period  January  first, two thousand three through December thirty-
first, two thousand three;
  (v) up to thirty-six million nine hundred fifty thousand  dollars  for
the  period  January  first,  two thousand four through December thirty-
first, two thousand four;
  (vi) up to forty million six hundred thousand dollars for  the  period
January  first,  two  thousand  five  through December thirty-first, two
thousand five;
  (vii) up to eighty-one million nine hundred thousand dollars  for  the
period  January  first,  two thousand six through December thirty-first,
two thousand six, provided, however, that within amounts appropriated, a
portion of such funds may be transferred  to  the  Roswell  Park  Cancer
Institute Corporation to support costs associated with cancer research;
  (viii)  up  to  ninety-four million one hundred fifty thousand dollars
for the period January first, two thousand seven through December  thir-
ty-first,  two  thousand  seven,  provided, however, that within amounts
appropriated, a portion of such funds may be transferred to the  Roswell
Park  Cancer  Institute  Corporation  to  support  costs associated with
cancer research;
  (ix) up to ninety-four million one hundred fifty thousand dollars  for
the  period  January  first, two thousand eight through December thirty-
first, two thousand eight;
  (x) up to ninety-four million one hundred fifty thousand  dollars  for
the  period  January  first,  two thousand nine through December thirty-
first, two thousand nine;
  (xi) up to eighty-seven million seven  hundred  seventy-five  thousand
dollars  for the period January first, two thousand ten through December
thirty-first, two thousand ten;
  (xii) up to twenty-one million four hundred  twelve  thousand  dollars
for  the period January first, two thousand eleven through March thirty-
first, two thousand eleven;

S. 2007--A                         67

  (xiii) up to fifty-two million one hundred thousand dollars each state
fiscal year for the period April  first,  two  thousand  eleven  through
March thirty-first, two thousand fourteen; [and]
  (xiv)  up to six million dollars each state fiscal year for the period
April first, two thousand fourteen through March thirty-first, two thou-
sand seventeen; AND
  (XV) UP  TO  THIRTY-THREE  MILLION  ONE  HUNDRED  FORTY-FOUR  THOUSAND
DOLLARS  EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
  (k) Funds shall be  deposited  by  the  commissioner,  within  amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed to receive for deposit to  the  credit  of  the  state  special
revenue  fund - other, HCRA transfer fund, health care services account,
or any successor fund or account, for purposes of services and  expenses
related  to public health programs, including comprehensive care centers
for eating disorders pursuant to the former section twenty-seven hundred
ninety-nine-l of this chapter, provided however that, for such  centers,
funds  in  the  amount of five hundred thousand dollars on an annualized
basis shall be transferred from the health care services account, or any
successor fund or account, and deposited into the  fund  established  by
section  ninety-five-e  of  the  state  finance law for periods prior to
March thirty-first, two thousand eleven, from the  tobacco  control  and
insurance  initiatives pool established for the following periods in the
following amounts:
  (i) up to thirty-one million dollars for the period January first, two
thousand through December thirty-first, two thousand;
  (ii) up to forty-one million dollars for the period January first, two
thousand one through December thirty-first, two thousand one;
  (iii) up to eighty-one million dollars for the period  January  first,
two thousand two through December thirty-first, two thousand two;
  (iv)  one hundred twenty-two million five hundred thousand dollars for
the period January first, two thousand three  through  December  thirty-
first, two thousand three;
  (v)  one  hundred  eight  million  five  hundred seventy-five thousand
dollars, plus an additional five hundred thousand dollars, for the peri-
od January first, two thousand four through December  thirty-first,  two
thousand four;
  (vi)  ninety-one million eight hundred thousand dollars, plus an addi-
tional five hundred thousand dollars, for the period January first,  two
thousand five through December thirty-first, two thousand five;
  (vii) one hundred fifty-six million six hundred thousand dollars, plus
an  additional  five  hundred  thousand  dollars, for the period January
first, two thousand six through December thirty-first, two thousand six;
  (viii) one hundred fifty-one million four  hundred  thousand  dollars,
plus an additional five hundred thousand dollars, for the period January
first,  two  thousand  seven through December thirty-first, two thousand
seven;
  (ix) one hundred sixteen  million  nine  hundred  forty-nine  thousand
dollars, plus an additional five hundred thousand dollars, for the peri-
od  January first, two thousand eight through December thirty-first, two
thousand eight;
  (x) one hundred  sixteen  million  nine  hundred  forty-nine  thousand
dollars, plus an additional five hundred thousand dollars, for the peri-
od  January  first, two thousand nine through December thirty-first, two
thousand nine;

S. 2007--A                         68

  (xi) one hundred sixteen  million  nine  hundred  forty-nine  thousand
dollars, plus an additional five hundred thousand dollars, for the peri-
od  January  first,  two thousand ten through December thirty-first, two
thousand ten;
  (xii)  twenty-nine  million  two  hundred  thirty-seven  thousand  two
hundred fifty dollars, plus an additional one hundred twenty-five  thou-
sand  dollars, for the period January first, two thousand eleven through
March thirty-first, two thousand eleven;
  (xiii) one hundred twenty million thirty-eight  thousand  dollars  for
the  period April first, two thousand eleven through March thirty-first,
two thousand twelve; and
  (xiv) one hundred nineteen million four hundred seven thousand dollars
each state fiscal year for the period April first, two  thousand  twelve
through March thirty-first, two thousand fourteen.
  (l)  Funds  shall  be  deposited  by  the commissioner, within amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed  to  receive  for  deposit  to  the credit of the state special
revenue funds - other, HCRA transfer fund, medical  assistance  account,
or  any  successor  fund  or  account, for purposes of funding the state
share of the personal care and certified home health agency rate or  fee
increases  established  pursuant  to  subdivision three of section three
hundred sixty-seven-o of  the  social  services  law  from  the  tobacco
control  and  insurance  initiatives  pool established for the following
periods in the following amounts:
  (i) twenty-three million two hundred thousand dollars for  the  period
January first, two thousand through December thirty-first, two thousand;
  (ii)  twenty-three million two hundred thousand dollars for the period
January first, two thousand one through December thirty-first, two thou-
sand one;
  (iii) twenty-three million two hundred thousand dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
  (iv) up to sixty-five million two hundred  thousand  dollars  for  the
period  January first, two thousand three through December thirty-first,
two thousand three;
  (v) up to sixty-five million two  hundred  thousand  dollars  for  the
period  January  first, two thousand four through December thirty-first,
two thousand four;
  (vi) up to sixty-five million two hundred  thousand  dollars  for  the
period  January  first, two thousand five through December thirty-first,
two thousand five;
  (vii) up to sixty-five million two hundred thousand  dollars  for  the
period  January  first,  two thousand six through December thirty-first,
two thousand six;
  (viii) up to sixty-five million two hundred thousand dollars  for  the
period  January first, two thousand seven through December thirty-first,
two thousand seven; and
  (ix) up to sixteen million three  hundred  thousand  dollars  for  the
period January first, two thousand eight through March thirty-first, two
thousand eight.
  (m)  Funds  shall  be  deposited  by  the commissioner, within amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed  to  receive  for  deposit  to  the credit of the state special
revenue funds - other, HCRA transfer fund, medical  assistance  account,
or  any  successor  fund  or  account, for purposes of funding the state
share of services and expenses related to home  care  workers  insurance

S. 2007--A                         69

pilot  demonstration programs established pursuant to subdivision two of
section three hundred sixty-seven-o of the social services law from  the
tobacco  control  and  insurance  initiatives  pool  established for the
following periods in the following amounts:
  (i)  three million eight hundred thousand dollars for the period Janu-
ary first, two thousand through December thirty-first, two thousand;
  (ii) three million eight hundred thousand dollars for the period Janu-
ary first, two thousand one through December thirty-first, two  thousand
one;
  (iii)  three  million  eight  hundred  thousand dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
  (iv) up to three million eight hundred thousand dollars for the period
January first, two thousand three  through  December  thirty-first,  two
thousand three;
  (v)  up to three million eight hundred thousand dollars for the period
January first, two thousand  four  through  December  thirty-first,  two
thousand four;
  (vi) up to three million eight hundred thousand dollars for the period
January  first,  two  thousand  five  through December thirty-first, two
thousand five;
  (vii) up to three million eight hundred thousand dollars for the peri-
od January first, two thousand six through  December  thirty-first,  two
thousand six;
  (viii)  up  to  three  million  eight hundred thousand dollars for the
period January first, two thousand seven through December  thirty-first,
two thousand seven; and
  (ix)  up to nine hundred fifty thousand dollars for the period January
first, two thousand  eight  through  March  thirty-first,  two  thousand
eight.
  (n) Funds shall be transferred by the commissioner and shall be depos-
ited  to  the credit of the special revenue funds - other, miscellaneous
special revenue fund - 339, elderly  pharmaceutical  insurance  coverage
program  premium  account authorized pursuant to the provisions of title
three of article two of the elder law, or any successor fund or account,
for funding state expenses relating to  the  program  from  the  tobacco
control  and  insurance  initiatives  pool established for the following
periods in the following amounts:
  (i) one hundred seven million dollars for the  period  January  first,
two thousand through December thirty-first, two thousand;
  (ii)  one  hundred  sixty-four  million dollars for the period January
first, two thousand one through December thirty-first, two thousand one;
  (iii) three hundred twenty-two million seven hundred thousand  dollars
for  the period January first, two thousand two through December thirty-
first, two thousand two;
  (iv) four hundred thirty-three million three hundred thousand  dollars
for  the period January first, two thousand three through December thir-
ty-first, two thousand three;
  (v) five hundred four million one hundred fifty thousand  dollars  for
the  period  January  first,  two thousand four through December thirty-
first, two thousand four;
  (vi) five hundred sixty-six million eight hundred thousand dollars for
the period January first, two thousand  five  through  December  thirty-
first, two thousand five;

S. 2007--A                         70

  (vii) six hundred three million one hundred fifty thousand dollars for
the  period  January  first,  two  thousand six through December thirty-
first, two thousand six;
  (viii)  six  hundred  sixty million eight hundred thousand dollars for
the period January first, two thousand seven  through  December  thirty-
first, two thousand seven;
  (ix)  three hundred sixty-seven million four hundred sixty-three thou-
sand dollars for the period January first, two  thousand  eight  through
December thirty-first, two thousand eight;
  (x)  three hundred thirty-four million eight hundred twenty-five thou-
sand dollars for the period January first,  two  thousand  nine  through
December thirty-first, two thousand nine;
  (xi)  three  hundred  forty-four million nine hundred thousand dollars
for the period January first, two thousand ten through December  thirty-
first, two thousand ten;
  (xii) eighty-seven million seven hundred eighty-eight thousand dollars
for  the period January first, two thousand eleven through March thirty-
first, two thousand eleven;
  (xiii) one hundred forty-three  million  one  hundred  fifty  thousand
dollars  for  the  period April first, two thousand eleven through March
thirty-first, two thousand twelve;
  (xiv) one hundred twenty million nine hundred fifty  thousand  dollars
for  the  period  April first, two thousand twelve through March thirty-
first, two thousand thirteen;
  (xv) one hundred twenty-eight million  eight  hundred  fifty  thousand
dollars  for the period April first, two thousand thirteen through March
thirty-first, two thousand fourteen; [and]
  (xvi) one hundred twenty-seven million four hundred  sixteen  thousand
dollars  each state fiscal year for the period April first, two thousand
fourteen through March thirty-first, two thousand seventeen; AND
  (XVII) ONE HUNDRED THIRTY-TWO MILLION  FIVE  HUNDRED  EIGHTY  THOUSAND
DOLLARS  EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
  (o) Funds shall be reserved and accumulated and shall  be  transferred
to  the  Roswell  Park  Cancer  Institute  Corporation, from the tobacco
control and insurance initiatives pool  established  for  the  following
periods in the following amounts:
  (i)  up  to  ninety  million dollars for the period January first, two
thousand through December thirty-first, two thousand;
  (ii) up to sixty million dollars for the  period  January  first,  two
thousand one through December thirty-first, two thousand one;
  (iii)  up to eighty-five million dollars for the period January first,
two thousand two through December thirty-first, two thousand two;
  (iv) eighty-five million two hundred fifty thousand  dollars  for  the
period  January first, two thousand three through December thirty-first,
two thousand three;
  (v) seventy-eight million dollars for the period  January  first,  two
thousand four through December thirty-first, two thousand four;
  (vi)  seventy-eight  million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
  (vii) ninety-one million dollars for the  period  January  first,  two
thousand six through December thirty-first, two thousand six;
  (viii) seventy-eight million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven;
  (ix)  seventy-eight  million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight;

S. 2007--A                         71

  (x) seventy-eight million dollars for the period  January  first,  two
thousand nine through December thirty-first, two thousand nine;
  (xi)  seventy-eight  million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten;
  (xii) nineteen million five hundred thousand dollars  for  the  period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven;
  (xiii)  sixty-nine  million  eight hundred forty thousand dollars each
state fiscal year for  the  period  April  first,  two  thousand  eleven
through March thirty-first, two thousand fourteen; [and]
  (xiv) up to ninety-six million six hundred thousand dollars each state
fiscal  year  for  the period April first, two thousand fourteen through
March thirty-first, two thousand seventeen; AND
  (XV) UP TO SIXTY-SIX MILLION FIVE HUNDRED EIGHTY-SIX THOUSAND  DOLLARS
EACH  STATE  FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVEN-
TEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
  (p) Funds shall be  deposited  by  the  commissioner,  within  amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed to receive for deposit to  the  credit  of  the  state  special
revenue  funds - other, indigent care fund - 068, indigent care account,
or any successor fund or account, for purposes of providing  a  medicaid
disproportionate  share payment from the high need indigent care adjust-
ment pool established pursuant to section twenty-eight  hundred  seven-w
of this article, from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
  (i) eighty-two million dollars annually for the periods January first,
two thousand through December thirty-first, two thousand two;
  (ii)  up  to  eighty-two million dollars for the period January first,
two thousand three through December thirty-first, two thousand three;
  (iii) up to eighty-two million dollars for the period  January  first,
two thousand four through December thirty-first, two thousand four;
  (iv)  up  to  eighty-two million dollars for the period January first,
two thousand five through December thirty-first, two thousand five;
  (v) up to eighty-two million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
  (vi) up to eighty-two million dollars for the  period  January  first,
two thousand seven through December thirty-first, two thousand seven;
  (vii)  up  to eighty-two million dollars for the period January first,
two thousand eight through December thirty-first, two thousand eight;
  (viii) up to eighty-two million dollars for the period January  first,
two thousand nine through December thirty-first, two thousand nine;
  (ix)  up  to  eighty-two million dollars for the period January first,
two thousand ten through December thirty-first, two thousand ten;
  (x) up to twenty million five hundred thousand dollars for the  period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven; and
  (xi)  up  to eighty-two million dollars each state fiscal year for the
period April first, two thousand eleven through March thirty-first,  two
thousand fourteen.
  (q)  Funds  shall  be  reserved  and accumulated from year to year and
shall be available, including income from invested funds,  for  purposes
of  providing  distributions  to  eligible  school  based health centers
established pursuant to section eighty-eight of chapter one of the  laws
of  nineteen hundred ninety-nine, from the tobacco control and insurance
initiatives pool established for the following periods in the  following
amounts:

S. 2007--A                         72

  (i)  seven  million dollars annually for the period January first, two
thousand through December thirty-first, two thousand two;
  (ii)  up  to  seven  million dollars for the period January first, two
thousand three through December thirty-first, two thousand three;
  (iii) up to seven million dollars for the period  January  first,  two
thousand four through December thirty-first, two thousand four;
  (iv)  up  to  seven  million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
  (v) up to seven million dollars for  the  period  January  first,  two
thousand six through December thirty-first, two thousand six;
  (vi)  up  to  seven  million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven;
  (vii) up to seven million dollars for the period  January  first,  two
thousand eight through December thirty-first, two thousand eight;
  (viii)  up  to seven million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
  (ix) up to seven million dollars for the  period  January  first,  two
thousand ten through December thirty-first, two thousand ten;
  (x)  up  to  one  million seven hundred fifty thousand dollars for the
period January first, two thousand eleven  through  March  thirty-first,
two thousand eleven;
  (xi) up to five million six hundred thousand dollars each state fiscal
year for the period April first, two thousand eleven through March thir-
ty-first, two thousand fourteen; [and]
  (xii)  up  to  five million two hundred eighty-eighty thousand dollars
each state fiscal year for the period April first, two thousand fourteen
through March thirty-first, two thousand seventeen; AND
  (XIII) UP TO FIVE MILLION TWO HUNDRED  EIGHTY-EIGHT  THOUSAND  DOLLARS
FOR  EACH  STATE  FISCAL  YEAR  FOR THE PERIOD APRIL FIRST, TWO THOUSAND
SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
  (r) Funds shall be deposited by the commissioner within amounts appro-
priated, and the state comptroller is hereby authorized and directed  to
receive  for  deposit to the credit of the state special revenue funds -
other, HCRA transfer fund, medical assistance account, or any  successor
fund  or account, for purposes of providing distributions for supplemen-
tary  medical  insurance  for  Medicare  part  B  premiums,   physicians
services,  outpatient  services,  medical  equipment, supplies and other
health services, from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
  (i) forty-three million dollars for  the  period  January  first,  two
thousand through December thirty-first, two thousand;
  (ii) sixty-one million dollars for the period January first, two thou-
sand one through December thirty-first, two thousand one;
  (iii)  sixty-five  million  dollars  for the period January first, two
thousand two through December thirty-first, two thousand two;
  (iv) sixty-seven million five hundred thousand dollars for the  period
January  first,  two  thousand  three through December thirty-first, two
thousand three;
  (v) sixty-eight million dollars for  the  period  January  first,  two
thousand four through December thirty-first, two thousand four;
  (vi)  sixty-eight  million  dollars  for the period January first, two
thousand five through December thirty-first, two thousand five;
  (vii) sixty-eight million dollars for the period  January  first,  two
thousand six through December thirty-first, two thousand six;

S. 2007--A                         73

  (viii)  seventeen million five hundred thousand dollars for the period
January first, two thousand seven  through  December  thirty-first,  two
thousand seven;
  (ix)  sixty-eight  million  dollars  for the period January first, two
thousand eight through December thirty-first, two thousand eight;
  (x) sixty-eight million dollars for  the  period  January  first,  two
thousand nine through December thirty-first, two thousand nine;
  (xi)  sixty-eight  million  dollars  for the period January first, two
thousand ten through December thirty-first, two thousand ten;
  (xii) seventeen million dollars for  the  period  January  first,  two
thousand eleven through March thirty-first, two thousand eleven; and
  (xiii)  sixty-eight  million  dollars  each  state fiscal year for the
period April first, two thousand eleven through March thirty-first,  two
thousand fourteen.
  (s) Funds shall be deposited by the commissioner within amounts appro-
priated,  and the state comptroller is hereby authorized and directed to
receive for deposit to the credit of the state special revenue  funds  -
other,  HCRA transfer fund, medical assistance account, or any successor
fund or account, for purposes of  providing  distributions  pursuant  to
paragraphs  (s-5),  (s-6),  (s-7)  and  (s-8)  of  subdivision eleven of
section twenty-eight hundred seven-c of this article  from  the  tobacco
control  and  insurance  initiatives  pool established for the following
periods in the following amounts:
  (i) eighteen million dollars for the period January first,  two  thou-
sand through December thirty-first, two thousand;
  (ii)  twenty-four  million  dollars  annually  for the periods January
first, two thousand one through December thirty-first, two thousand two;
  (iii) up to twenty-four million dollars for the period January  first,
two thousand three through December thirty-first, two thousand three;
  (iv)  up  to twenty-four million dollars for the period January first,
two thousand four through December thirty-first, two thousand four;
  (v) up to twenty-four million dollars for the  period  January  first,
two thousand five through December thirty-first, two thousand five;
  (vi)  up  to twenty-four million dollars for the period January first,
two thousand six through December thirty-first, two thousand six;
  (vii) up to twenty-four million dollars for the period January  first,
two thousand seven through December thirty-first, two thousand seven;
  (viii) up to twenty-four million dollars for the period January first,
two  thousand  eight  through December thirty-first, two thousand eight;
and
  (ix) up to twenty-two million dollars for the  period  January  first,
two thousand nine through November thirtieth, two thousand nine.
  (t)  Funds  shall be reserved and accumulated from year to year by the
commissioner and shall be made available, including income from invested
funds:
  (i) For the purpose of making grants to a  state  owned  and  operated
medical  school  which does not have a state owned and operated hospital
on site and available for teaching  purposes.  Notwithstanding  sections
one hundred twelve and one hundred sixty-three of the state finance law,
such  grants  shall be made in the amount of up to five hundred thousand
dollars for the period January  first,  two  thousand  through  December
thirty-first, two thousand;
  (ii)  For  the purpose of making grants to medical schools pursuant to
section eighty-six-a of chapter one of  the  laws  of  nineteen  hundred
ninety-nine  in  the  sum  of  up to four million dollars for the period

S. 2007--A                         74

January first, two thousand through December thirty-first, two thousand;
and
  (iii)  The  funds  disbursed pursuant to subparagraphs (i) and (ii) of
this paragraph from the tobacco control and insurance  initiatives  pool
are  contingent upon meeting all funding amounts established pursuant to
paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n),  (p),  (q),  (r)
and  (s)  of  this  subdivision,  paragraph  (a)  of subdivision nine of
section twenty-eight hundred seven-j of  this  article,  and  paragraphs
(a),  (i)  and  (k)  of  subdivision one of section twenty-eight hundred
seven-l of this article.
  (u) Funds shall be  deposited  by  the  commissioner,  within  amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed to receive for deposit to  the  credit  of  the  state  special
revenue  funds  - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for  purposes  of  funding  the  state
share  of  services  and  expenses  related  to the nursing home quality
improvement demonstration program established pursuant to section  twen-
ty-eight  hundred  eight-d  of this article from the tobacco control and
insurance initiatives pool established for the following periods in  the
following amounts:
  (i)  up  to twenty-five million dollars for the period beginning April
first, two thousand two and ending December thirty-first,  two  thousand
two,  and  on  an  annualized  basis,  for each annual period thereafter
beginning January first, two thousand three and ending December  thirty-
first, two thousand four;
  (ii)  up  to eighteen million seven hundred fifty thousand dollars for
the period January first, two thousand  five  through  December  thirty-
first, two thousand five; and
  (iii)  up  to  fifty-six million five hundred thousand dollars for the
period January first, two thousand six  through  December  thirty-first,
two thousand six.
  (v) Funds shall be transferred by the commissioner and shall be depos-
ited  to the credit of the hospital excess liability pool created pursu-
ant to section eighteen of chapter two hundred sixty-six of the laws  of
nineteen  hundred  eighty-six,  or  any  successor  fund or account, for
purposes of expenses related to the purchase of excess medical  malprac-
tice  insurance and the cost of administrating the pool, including costs
associated with the risk  management  program  established  pursuant  to
section  forty-two  of part A of chapter one of the laws of two thousand
two required by paragraph (a) of subdivision one of section eighteen  of
chapter two hundred sixty-six of the laws of nineteen hundred eighty-six
as may be amended from time to time, from the tobacco control and insur-
ance  initiatives  pool  established  for  the  following periods in the
following amounts:
  (i) up to fifty million dollars or so much as is needed for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
  (ii) up to seventy-six million seven hundred thousand dollars for  the
period  January first, two thousand three through December thirty-first,
two thousand three;
  (iii) up to sixty-five million dollars for the period  January  first,
two thousand four through December thirty-first, two thousand four;
  (iv)  up  to  sixty-five million dollars for the period January first,
two thousand five through December thirty-first, two thousand five;

S. 2007--A                         75

  (v) up to one hundred thirteen million eight hundred thousand  dollars
for  the period January first, two thousand six through December thirty-
first, two thousand six;
  (vi)  up  to one hundred thirty million dollars for the period January
first, two thousand seven through December  thirty-first,  two  thousand
seven;
  (vii)  up to one hundred thirty million dollars for the period January
first, two thousand eight through December  thirty-first,  two  thousand
eight;
  (viii) up to one hundred thirty million dollars for the period January
first,  two  thousand  nine  through December thirty-first, two thousand
nine;
  (ix) up to one hundred thirty million dollars for the  period  January
first, two thousand ten through December thirty-first, two thousand ten;
  (x)  up  to  thirty-two  million five hundred thousand dollars for the
period January first, two thousand eleven  through  March  thirty-first,
two thousand eleven;
  (xi)  up  to  one  hundred  twenty-seven million four hundred thousand
dollars each state fiscal year for the period April first, two  thousand
eleven through March thirty-first, two thousand fourteen; [and]
  (xii)  up  to  one  hundred twenty-seven million four hundred thousand
dollars each state fiscal year for the period April first, two  thousand
fourteen through March thirty-first, two thousand seventeen; AND
  (XIII)  UP  TO  ONE HUNDRED TWENTY-SEVEN MILLION FOUR HUNDRED THOUSAND
DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND
SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
  (w)  Funds  shall  be  deposited  by  the commissioner, within amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed  to  receive  for  deposit  to  the credit of the state special
revenue funds - other, HCRA transfer fund, medical  assistance  account,
or  any  successor  fund  or  account, for purposes of funding the state
share of the treatment of breast and cervical cancer pursuant  to  para-
graph  (v) of subdivision four of section three hundred sixty-six of the
social services law, from the tobacco control and insurance  initiatives
pool established for the following periods in the following amounts:
  (i)  up  to four hundred fifty thousand dollars for the period January
first, two thousand two through December thirty-first, two thousand two;
  (ii) up to two million one hundred thousand  dollars  for  the  period
January  first,  two  thousand  three through December thirty-first, two
thousand three;
  (iii) up to two million one hundred thousand dollars  for  the  period
January  first,  two  thousand  four  through December thirty-first, two
thousand four;
  (iv) up to two million one hundred thousand  dollars  for  the  period
January  first,  two  thousand  five  through December thirty-first, two
thousand five;
  (v) up to two million one hundred  thousand  dollars  for  the  period
January first, two thousand six through December thirty-first, two thou-
sand six;
  (vi)  up  to  two  million one hundred thousand dollars for the period
January first, two thousand seven  through  December  thirty-first,  two
thousand seven;
  (vii)  up  to  two million one hundred thousand dollars for the period
January first, two thousand eight  through  December  thirty-first,  two
thousand eight;

S. 2007--A                         76

  (viii)  up  to two million one hundred thousand dollars for the period
January first, two thousand  nine  through  December  thirty-first,  two
thousand nine;
  (ix)  up  to  two  million one hundred thousand dollars for the period
January first, two thousand ten through December thirty-first, two thou-
sand ten;
  (x) up to five hundred twenty-five thousand  dollars  for  the  period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven;
  (xi)  up to two million one hundred thousand dollars each state fiscal
year for the period April first, two thousand eleven through March thir-
ty-first, two thousand fourteen; and
  (xii) up to two million one hundred thousand dollars each state fiscal
year for the period April first, two  thousand  fourteen  through  March
thirty-first, two thousand seventeen.
  (x)  Funds  shall  be  deposited  by  the commissioner, within amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed  to  receive  for  deposit  to  the credit of the state special
revenue funds - other, HCRA transfer fund, medical  assistance  account,
or  any  successor  fund  or  account, for purposes of funding the state
share of the non-public general hospital rates increases for recruitment
and retention of health care workers from the tobacco control and insur-
ance initiatives pool established  for  the  following  periods  in  the
following amounts:
  (i) twenty-seven million one hundred thousand dollars on an annualized
basis  for  the  period January first, two thousand two through December
thirty-first, two thousand two;
  (ii) fifty million eight hundred thousand  dollars  on  an  annualized
basis  for the period January first, two thousand three through December
thirty-first, two thousand three;
  (iii) sixty-nine million three hundred thousand dollars on an  annual-
ized  basis  for  the  period  January  first, two thousand four through
December thirty-first, two thousand four;
  (iv) sixty-nine million three hundred thousand dollars for the  period
January  first,  two  thousand  five  through December thirty-first, two
thousand five;
  (v) sixty-nine million three hundred thousand dollars for  the  period
January first, two thousand six through December thirty-first, two thou-
sand six;
  (vi)  sixty-five million three hundred thousand dollars for the period
January first, two thousand seven  through  December  thirty-first,  two
thousand seven;
  (vii)  sixty-one  million  one  hundred fifty thousand dollars for the
period January first, two thousand eight through December  thirty-first,
two thousand eight; and
  (viii)  forty-eight  million seven hundred twenty-one thousand dollars
for the period January first, two thousand nine through November thirti-
eth, two thousand nine.
  (y) Funds shall be reserved and accumulated  from  year  to  year  and
shall  be  available, including income from invested funds, for purposes
of grants to public general hospitals for recruitment and  retention  of
health  care  workers pursuant to paragraph (b) of subdivision thirty of
section twenty-eight hundred seven-c of this article  from  the  tobacco
control  and  insurance  initiatives  pool established for the following
periods in the following amounts:

S. 2007--A                         77

  (i) eighteen million five hundred thousand dollars  on  an  annualized
basis  for  the  period January first, two thousand two through December
thirty-first, two thousand two;
  (ii)  thirty-seven million four hundred thousand dollars on an annual-
ized basis for the period January  first,  two  thousand  three  through
December thirty-first, two thousand three;
  (iii)  fifty-two million two hundred thousand dollars on an annualized
basis for the period January first, two thousand four  through  December
thirty-first, two thousand four;
  (iv)  fifty-two  million  two  hundred thousand dollars for the period
January first, two thousand  five  through  December  thirty-first,  two
thousand five;
  (v)  fifty-two  million  two  hundred  thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
  (vi) forty-nine million dollars for  the  period  January  first,  two
thousand seven through December thirty-first, two thousand seven;
  (vii)  forty-nine  million  dollars  for the period January first, two
thousand eight through December thirty-first, two thousand eight; and
  (viii) twelve million two hundred fifty thousand dollars for the peri-
od January first, two thousand  nine  through  March  thirty-first,  two
thousand nine.
  Provided,  however,  amounts pursuant to this paragraph may be reduced
in an amount to be approved by the director of  the  budget  to  reflect
amounts  received  from  the  federal  government under the state's 1115
waiver which are directed under its terms and conditions to  the  health
workforce recruitment and retention program.
  (z)  Funds  shall  be  deposited  by  the commissioner, within amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed  to  receive  for  deposit  to  the credit of the state special
revenue funds - other, HCRA transfer fund, medical  assistance  account,
or  any  successor  fund  or  account, for purposes of funding the state
share of the non-public residential health care facility rate  increases
for  recruitment  and retention of health care workers pursuant to para-
graph (a) of subdivision eighteen of section twenty-eight hundred  eight
of  this article from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
  (i) twenty-one million five hundred thousand dollars on an  annualized
basis  for  the  period January first, two thousand two through December
thirty-first, two thousand two;
  (ii) thirty-three million three hundred thousand dollars on an annual-
ized basis for the period January  first,  two  thousand  three  through
December thirty-first, two thousand three;
  (iii)  forty-six  million three hundred thousand dollars on an annual-
ized basis for the period  January  first,  two  thousand  four  through
December thirty-first, two thousand four;
  (iv)  forty-six  million three hundred thousand dollars for the period
January first, two thousand  five  through  December  thirty-first,  two
thousand five;
  (v)  forty-six  million  three hundred thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
  (vi) thirty million nine hundred thousand dollars for the period Janu-
ary first, two thousand seven through December thirty-first,  two  thou-
sand seven;

S. 2007--A                         78

  (vii) twenty-four million seven hundred thousand dollars for the peri-
od  January first, two thousand eight through December thirty-first, two
thousand eight;
  (viii)  twelve million three hundred seventy-five thousand dollars for
the period January first, two thousand  nine  through  December  thirty-
first, two thousand nine;
  (ix)  nine million three hundred thousand dollars for the period Janu-
ary first, two thousand ten through December thirty-first, two  thousand
ten; and
  (x)  two  million  three  hundred twenty-five thousand dollars for the
period January first, two thousand eleven  through  March  thirty-first,
two thousand eleven.
  (aa)  Funds  shall  be  reserved and accumulated from year to year and
shall be available, including income from invested funds,  for  purposes
of  grants  to public residential health care facilities for recruitment
and retention of health care workers pursuant to paragraph (b) of subdi-
vision eighteen of section twenty-eight hundred eight  of  this  article
from  the tobacco control and insurance initiatives pool established for
the following periods in the following amounts:
  (i) seven million five hundred thousand dollars on an annualized basis
for the period January first, two thousand two through December  thirty-
first, two thousand two;
  (ii)  eleven  million  seven hundred thousand dollars on an annualized
basis for the period January first, two thousand three through  December
thirty-first, two thousand three;
  (iii)  sixteen  million  two hundred thousand dollars on an annualized
basis for the period January first, two thousand four  through  December
thirty-first, two thousand four;
  (iv) sixteen million two hundred thousand dollars for the period Janu-
ary first, two thousand five through December thirty-first, two thousand
five;
  (v)  sixteen million two hundred thousand dollars for the period Janu-
ary first, two thousand six through December thirty-first, two  thousand
six;
  (vi) ten million eight hundred thousand dollars for the period January
first,  two  thousand  seven through December thirty-first, two thousand
seven;
  (vii) six million seven hundred fifty thousand dollars for the  period
January  first,  two  thousand  eight through December thirty-first, two
thousand eight; and
  (viii) one million three hundred fifty thousand dollars for the period
January first, two thousand  nine  through  December  thirty-first,  two
thousand nine.
  (bb)(i)  Funds  shall be deposited by the commissioner, within amounts
appropriated, and subject  to  the  availability  of  federal  financial
participation,  and  the  state  comptroller  is  hereby  authorized and
directed to receive for deposit to  the  credit  of  the  state  special
revenue  funds  - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for  the  purpose  of  supporting  the
state  share  of  adjustments  to Medicaid rates of payment for personal
care services provided pursuant to paragraph (e) of subdivision  two  of
section three hundred sixty-five-a of the social services law, for local
social  service districts which include a city with a population of over
one million persons and computed  and  distributed  in  accordance  with
memorandums of understanding to be entered into between the state of New
York and such local social service districts for the purpose of support-

S. 2007--A                         79

ing  the  recruitment  and retention of personal care service workers or
any worker with direct patient care  responsibility,  from  the  tobacco
control  and  insurance  initiatives  pool established for the following
periods and the following amounts:
  (A) forty-four million dollars, on an annualized basis, for the period
April  first,  two thousand two through December thirty-first, two thou-
sand two;
  (B) seventy-four million dollars, on  an  annualized  basis,  for  the
period  January first, two thousand three through December thirty-first,
two thousand three;
  (C) one hundred four million dollars, on an annualized basis, for  the
period  January  first, two thousand four through December thirty-first,
two thousand four;
  (D) one hundred thirty-six million dollars, on  an  annualized  basis,
for  the  period January first, two thousand five through December thir-
ty-first, two thousand five;
  (E) one hundred thirty-six million dollars, on  an  annualized  basis,
for  the period January first, two thousand six through December thirty-
first, two thousand six;
  (F) one hundred thirty-six million  dollars  for  the  period  January
first,  two  thousand  seven through December thirty-first, two thousand
seven;
  (G) one hundred thirty-six million  dollars  for  the  period  January
first,  two  thousand  eight through December thirty-first, two thousand
eight;
  (H) one hundred thirty-six million  dollars  for  the  period  January
first,  two  thousand  nine  through December thirty-first, two thousand
nine;
  (I) one hundred thirty-six million  dollars  for  the  period  January
first, two thousand ten through December thirty-first, two thousand ten;
  (J)  thirty-four  million  dollars  for  the period January first, two
thousand eleven through March thirty-first, two thousand eleven;
  (K) up to one hundred thirty-six million  dollars  each  state  fiscal
year for the period April first, two thousand eleven through March thir-
ty-first, two thousand fourteen; [and]
  (L)  up  to  one  hundred thirty-six million dollars each state fiscal
year for the period March thirty-first, two  thousand  fourteen  through
April first, two thousand seventeen; AND
  (M)  UP  TO  ONE  HUNDRED THIRTY-SIX MILLION DOLLARS EACH STATE FISCAL
YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND  SEVENTEEN  THROUGH  MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY.
  (ii)  Adjustments  to  Medicaid  rates made pursuant to this paragraph
shall not, in aggregate, exceed the following amounts for the  following
periods:
  (A)  for  the  period  April  first, two thousand two through December
thirty-first, two thousand two, one hundred ten million dollars;
  (B) for the period January first, two thousand three through  December
thirty-first,  two  thousand  three,  one  hundred  eighty-five  million
dollars;
  (C) for the period January first, two thousand four  through  December
thirty-first, two thousand four, two hundred sixty million dollars;
  (D)  for  the period January first, two thousand five through December
thirty-first, two thousand five, three hundred forty million dollars;
  (E) for the period January first, two thousand  six  through  December
thirty-first, two thousand six, three hundred forty million dollars;

S. 2007--A                         80

  (F)  for the period January first, two thousand seven through December
thirty-first, two thousand seven, three hundred forty million dollars;
  (G)  for the period January first, two thousand eight through December
thirty-first, two thousand eight, three hundred forty million dollars;
  (H) for the period January first, two thousand nine  through  December
thirty-first, two thousand nine, three hundred forty million dollars;
  (I)  for  the  period January first, two thousand ten through December
thirty-first, two thousand ten, three hundred forty million dollars;
  (J) for the period January first, two thousand  eleven  through  March
thirty-first, two thousand eleven, eighty-five million dollars;
  (K)  for  each  state  fiscal  year within the period April first, two
thousand eleven through March thirty-first, two thousand fourteen, three
hundred forty million dollars; [and]
  (L) for each state fiscal year within  the  period  April  first,  two
thousand  fourteen  through  March thirty-first, two thousand seventeen,
three hundred forty million dollars; AND
  (M) FOR EACH STATE FISCAL YEAR WITHIN  THE  PERIOD  APRIL  FIRST,  TWO
THOUSAND  SEVENTEEN  THROUGH  MARCH  THIRTY-FIRST,  TWO THOUSAND TWENTY,
THREE HUNDRED FORTY MILLION DOLLARS.
  (iii) Personal care service providers which have their rates  adjusted
pursuant  to  this  paragraph  shall  use  such funds for the purpose of
recruitment and retention  of  non-supervisory  personal  care  services
workers  or  any worker with direct patient care responsibility only and
are prohibited from using such funds for any other  purpose.  Each  such
personal  care services provider shall submit, at a time and in a manner
to be determined by the commissioner, a written certification  attesting
that  such  funds will be used solely for the purpose of recruitment and
retention of non-supervisory personal care services workers or any work-
er with direct patient care responsibility. The commissioner is  author-
ized  to  audit each such provider to ensure compliance with the written
certification required by this subdivision and shall  recoup  any  funds
determined  to  have  been  used for purposes other than recruitment and
retention of non-supervisory personal care services workers or any work-
er with direct patient care responsibility. Such recoupment shall be  in
addition to any other penalties provided by law.
  (cc)  Funds  shall  be  deposited  by the commissioner, within amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed  to  receive  for  deposit  to  the credit of the state special
revenue funds - other, HCRA transfer fund, medical  assistance  account,
or  any  successor  fund  or  account, for the purpose of supporting the
state share of adjustments to Medicaid rates  of  payment  for  personal
care  services  provided pursuant to paragraph (e) of subdivision two of
section three hundred sixty-five-a of the social services law, for local
social service districts which shall not include a  city  with  a  popu-
lation  of  over  one  million persons for the purpose of supporting the
personal care services  worker  recruitment  and  retention  program  as
established  pursuant  to  section  three  hundred  sixty-seven-q of the
social services law, from the tobacco control and insurance  initiatives
pool established for the following periods and the following amounts:
  (i)  two  million  eight hundred thousand dollars for the period April
first, two thousand two through December thirty-first, two thousand two;
  (ii) five million six  hundred  thousand  dollars,  on  an  annualized
basis, for the period January first, two thousand three through December
thirty-first, two thousand three;

S. 2007--A                         81

  (iii)  eight  million  four hundred thousand dollars, on an annualized
basis, for the period January first, two thousand four through  December
thirty-first, two thousand four;
  (iv)  ten  million  eight  hundred  thousand dollars, on an annualized
basis, for the period January first, two thousand five through  December
thirty-first, two thousand five;
  (v)  ten  million  eight  hundred  thousand  dollars, on an annualized
basis, for the period January first, two thousand six  through  December
thirty-first, two thousand six;
  (vi)  eleven million two hundred thousand dollars for the period Janu-
ary first, two thousand seven through December thirty-first,  two  thou-
sand seven;
  (vii) eleven million two hundred thousand dollars for the period Janu-
ary  first,  two thousand eight through December thirty-first, two thou-
sand eight;
  (viii) eleven million two hundred  thousand  dollars  for  the  period
January  first,  two  thousand  nine  through December thirty-first, two
thousand nine;
  (ix) eleven million two hundred thousand dollars for the period  Janu-
ary  first, two thousand ten through December thirty-first, two thousand
ten;
  (x) two million eight hundred thousand dollars for the period  January
first,  two  thousand  eleven  through  March thirty-first, two thousand
eleven;
  (xi) up to eleven million two  hundred  thousand  dollars  each  state
fiscal  year  for  the  period  April first, two thousand eleven through
March thirty-first, two thousand fourteen; [and]
  (xii) up to eleven million two hundred  thousand  dollars  each  state
fiscal  year  for  the period April first, two thousand fourteen through
March thirty-first, two thousand seventeen; AND
  (XIII) UP TO ELEVEN MILLION TWO HUNDRED THOUSAND  DOLLARS  EACH  STATE
FISCAL  YEAR  FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
  (dd) Funds shall be deposited  by  the  commissioner,  within  amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed to receive for deposit to  the  credit  of  the  state  special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any  successor  fund or account, for purposes of funding the state share
of Medicaid expenditures for physician services from the tobacco control
and insurance initiatives pool established for the following periods  in
the following amounts:
  (i)  up to fifty-two million dollars for the period January first, two
thousand two through December thirty-first, two thousand two;
  (ii) eighty-one million two hundred thousand dollars  for  the  period
January  first,  two  thousand  three through December thirty-first, two
thousand three;
  (iii) eighty-five million two hundred thousand dollars for the  period
January  first,  two  thousand  four  through December thirty-first, two
thousand four;
  (iv) eighty-five million two hundred thousand dollars for  the  period
January  first,  two  thousand  five  through December thirty-first, two
thousand five;
  (v) eighty-five million two hundred thousand dollars  for  the  period
January first, two thousand six through December thirty-first, two thou-
sand six;

S. 2007--A                         82

  (vi)  eighty-five  million two hundred thousand dollars for the period
January first, two thousand seven  through  December  thirty-first,  two
thousand seven;
  (vii)  eighty-five million two hundred thousand dollars for the period
January first, two thousand eight  through  December  thirty-first,  two
thousand eight;
  (viii) eighty-five million two hundred thousand dollars for the period
January  first,  two  thousand  nine  through December thirty-first, two
thousand nine;
  (ix) eighty-five million two hundred thousand dollars for  the  period
January first, two thousand ten through December thirty-first, two thou-
sand ten;
  (x)  twenty-one  million three hundred thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven; and
  (xi) eighty-five million  two  hundred  thousand  dollars  each  state
fiscal  year  for  the  period  April first, two thousand eleven through
March thirty-first, two thousand fourteen.
  (ee) Funds shall be deposited  by  the  commissioner,  within  amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed to receive for deposit to  the  credit  of  the  state  special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any  successor  fund or account, for purposes of funding the state share
of the free-standing diagnostic and treatment center rate increases  for
recruitment and retention of health care workers pursuant to subdivision
seventeen of section twenty-eight hundred seven of this article from the
tobacco  control  and  insurance  initiatives  pool  established for the
following periods in the following amounts:
  (i) three million two hundred fifty thousand dollars  for  the  period
April  first,  two thousand two through December thirty-first, two thou-
sand two;
  (ii) three million two hundred fifty thousand dollars on an annualized
basis for the period January first, two thousand three through  December
thirty-first, two thousand three;
  (iii)  three  million two hundred fifty thousand dollars on an annual-
ized basis for the period  January  first,  two  thousand  four  through
December thirty-first, two thousand four;
  (iv)  three  million two hundred fifty thousand dollars for the period
January first, two thousand  five  through  December  thirty-first,  two
thousand five;
  (v)  three  million  two hundred fifty thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
  (vi) three million two hundred fifty thousand dollars for  the  period
January  first,  two  thousand  seven through December thirty-first, two
thousand seven;
  (vii) three million four hundred thirty-eight thousand dollars for the
period January first, two thousand eight through December  thirty-first,
two thousand eight;
  (viii)  two million four hundred fifty thousand dollars for the period
January first, two thousand  nine  through  December  thirty-first,  two
thousand nine;
  (ix)  one million five hundred thousand dollars for the period January
first, two thousand ten through December thirty-first, two thousand ten;
and

S. 2007--A                         83

  (x) three hundred twenty-five thousand dollars for the period  January
first,  two  thousand  eleven  through  March thirty-first, two thousand
eleven.
  (ff)  Funds  shall  be  deposited  by the commissioner, within amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed  to  receive  for  deposit  to  the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any successor fund or account, for purposes of funding the  state  share
of  Medicaid expenditures for disabled persons as authorized pursuant to
former subparagraphs twelve and thirteen of paragraph (a) of subdivision
one of section three hundred sixty-six of the social services  law  from
the  tobacco  control and insurance initiatives pool established for the
following periods in the following amounts:
  (i) one million eight hundred thousand dollars for  the  period  April
first, two thousand two through December thirty-first, two thousand two;
  (ii)  sixteen  million  four hundred thousand dollars on an annualized
basis for the period January first, two thousand three through  December
thirty-first, two thousand three;
  (iii) eighteen million seven hundred thousand dollars on an annualized
basis  for  the period January first, two thousand four through December
thirty-first, two thousand four;
  (iv) thirty million six hundred thousand dollars for the period  Janu-
ary first, two thousand five through December thirty-first, two thousand
five;
  (v) thirty million six hundred thousand dollars for the period January
first, two thousand six through December thirty-first, two thousand six;
  (vi)  thirty million six hundred thousand dollars for the period Janu-
ary first, two thousand seven through December thirty-first,  two  thou-
sand seven;
  (vii)  fifteen million dollars for the period January first, two thou-
sand eight through December thirty-first, two thousand eight;
  (viii) fifteen million dollars for the period January first, two thou-
sand nine through December thirty-first, two thousand nine;
  (ix) fifteen million dollars for the period January first,  two  thou-
sand ten through December thirty-first, two thousand ten;
  (x)  three million seven hundred fifty thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven;
  (xi) fifteen million dollars each state fiscal  year  for  the  period
April  first,  two thousand eleven through March thirty-first, two thou-
sand fourteen; [and]
  (xii) fifteen million dollars each state fiscal year  for  the  period
April first, two thousand fourteen through March thirty-first, two thou-
sand seventeen[.]; AND
  (XIII)  FIFTEEN  MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
APRIL FIRST, TWO THOUSAND  SEVENTEEN  THROUGH  MARCH  THIRTY-FIRST,  TWO
THOUSAND TWENTY.
  (gg)  Funds  shall  be  reserved and accumulated from year to year and
shall be available, including income from invested funds,  for  purposes
of  grants  to non-public general hospitals pursuant to paragraph (c) of
subdivision thirty of section twenty-eight hundred seven-c of this arti-
cle from the tobacco control and insurance initiatives pool  established
for the following periods in the following amounts:
  (i)  up to one million three hundred thousand dollars on an annualized
basis for the period January first, two thousand  two  through  December
thirty-first, two thousand two;

S. 2007--A                         84

  (ii) up to three million two hundred thousand dollars on an annualized
basis  for the period January first, two thousand three through December
thirty-first, two thousand three;
  (iii) up to five million six hundred thousand dollars on an annualized
basis  for  the period January first, two thousand four through December
thirty-first, two thousand four;
  (iv) up to eight million six hundred thousand dollars for  the  period
January  first,  two  thousand  five  through December thirty-first, two
thousand five;
  (v) up to eight million six hundred thousand dollars on an  annualized
basis  for  the  period January first, two thousand six through December
thirty-first, two thousand six;
  (vi) up to two million six hundred thousand  dollars  for  the  period
January  first,  two  thousand  seven through December thirty-first, two
thousand seven;
  (vii) up to two million six hundred thousand dollars  for  the  period
January  first,  two  thousand  eight through December thirty-first, two
thousand eight;
  (viii) up to two million six hundred thousand dollars for  the  period
January  first,  two  thousand  nine  through December thirty-first, two
thousand nine;
  (ix) up to two million six hundred thousand  dollars  for  the  period
January first, two thousand ten through December thirty-first, two thou-
sand ten; and
  (x)  up  to  six hundred fifty thousand dollars for the period January
first, two thousand eleven  through  March  thirty-first,  two  thousand
eleven.
  (hh)  Funds  shall  be  deposited  by the commissioner, within amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed  to  receive  for  deposit to the credit of the special revenue
fund -  other,  HCRA  transfer  fund,  medical  assistance  account  for
purposes  of  providing  financial assistance to residential health care
facilities pursuant to subdivisions nineteen and twenty-one  of  section
twenty-eight hundred eight of this article, from the tobacco control and
insurance  initiatives pool established for the following periods in the
following amounts:
  (i) for the period April first,  two  thousand  two  through  December
thirty-first, two thousand two, ten million dollars;
  (ii) for the period January first, two thousand three through December
thirty-first,  two thousand three, nine million four hundred fifty thou-
sand dollars;
  (iii) for the period January first, two thousand four through December
thirty-first, two thousand four, nine million three hundred fifty  thou-
sand dollars;
  (iv)  up  to fifteen million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
  (v) up to fifteen million dollars for the period  January  first,  two
thousand six through December thirty-first, two thousand six;
  (vi)  up  to fifteen million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven;
  (vii) up to fifteen million dollars for the period January first,  two
thousand eight through December thirty-first, two thousand eight;
  (viii) up to fifteen million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
  (ix)  up  to fifteen million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten;

S. 2007--A                         85

  (x) up to three million seven hundred fifty thousand dollars  for  the
period  January  first,  two thousand eleven through March thirty-first,
two thousand eleven; and
  (xi)  fifteen  million  dollars  each state fiscal year for the period
April first, two thousand eleven through March thirty-first,  two  thou-
sand fourteen.
  (ii)  Funds  shall  be  deposited  by the commissioner, within amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed  to  receive  for  deposit  to  the credit of the state special
revenue funds - other, HCRA transfer fund, medical  assistance  account,
or  any  successor  fund  or  account, for the purpose of supporting the
state share of Medicaid expenditures for disabled persons as  authorized
by sections 1619 (a) and (b) of the federal social security act pursuant
to  the  tobacco  control and insurance initiatives pool established for
the following periods in the following amounts:
  (i) six million four hundred thousand dollars  for  the  period  April
first, two thousand two through December thirty-first, two thousand two;
  (ii) eight million five hundred thousand dollars, for the period Janu-
ary  first,  two thousand three through December thirty-first, two thou-
sand three;
  (iii) eight million five hundred thousand dollars for the period Janu-
ary first, two thousand four through December thirty-first, two thousand
four;
  (iv) eight million five hundred thousand dollars for the period  Janu-
ary first, two thousand five through December thirty-first, two thousand
five;
  (v) eight million five hundred thousand dollars for the period January
first, two thousand six through December thirty-first, two thousand six;
  (vi) eight million six hundred thousand dollars for the period January
first,  two  thousand  seven through December thirty-first, two thousand
seven;
  (vii) eight million five hundred thousand dollars for the period Janu-
ary first, two thousand eight through December thirty-first,  two  thou-
sand eight;
  (viii)  eight  million  five  hundred  thousand dollars for the period
January first, two thousand  nine  through  December  thirty-first,  two
thousand nine;
  (ix)  eight million five hundred thousand dollars for the period Janu-
ary first, two thousand ten through December thirty-first, two  thousand
ten;
  (x) two million one hundred twenty-five thousand dollars for the peri-
od  January  first,  two thousand eleven through March thirty-first, two
thousand eleven;
  (xi) eight million five hundred thousand  dollars  each  state  fiscal
year for the period April first, two thousand eleven through March thir-
ty-first, two thousand fourteen; [and]
  (xii)  eight  million  five hundred thousand dollars each state fiscal
year for the period April first, two  thousand  fourteen  through  March
thirty-first, two thousand seventeen[.]; AND
  (XIII)  EIGHT  MILLION FIVE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL
YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND  SEVENTEEN  THROUGH  MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY.
  (jj)  Funds  shall  be  reserved and accumulated from year to year and
shall be available,  including  income  from  invested  funds,  for  the
purposes  of  a grant program to improve access to infertility services,
treatments and procedures, from the tobacco control and insurance initi-

S. 2007--A                         86

atives pool established for the period January first, two  thousand  two
through  December  thirty-first,  two thousand two in the amount of nine
million one hundred seventy-five thousand dollars, for the period  April
first,  two  thousand six through March thirty-first, two thousand seven
in the amount of five million dollars, for the period April  first,  two
thousand  seven  through  March  thirty-first, two thousand eight in the
amount of five million dollars, for the period April first, two thousand
eight through March thirty-first, two thousand nine  in  the  amount  of
five  million dollars, and for the period April first, two thousand nine
through March thirty-first, two thousand  ten  in  the  amount  of  five
million  dollars,  for  the period April first, two thousand ten through
March thirty-first, two thousand eleven in the amount of two million two
hundred thousand dollars, and for the period April first,  two  thousand
eleven through March thirty-first, two thousand twelve up to one million
one hundred thousand dollars.
  (kk)  Funds  shall  be  deposited  by the commissioner, within amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed  to  receive  for  deposit  to  the credit of the state special
revenue funds -- other, HCRA transfer fund, medical assistance  account,
or  any  successor  fund  or  account, for purposes of funding the state
share of  Medical  Assistance  Program  expenditures  from  the  tobacco
control  and  insurance  initiatives  pool established for the following
periods in the following amounts:
  (i) thirty-eight million eight hundred thousand dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
  (ii) up to two hundred ninety-five  million  dollars  for  the  period
January  first,  two  thousand  three through December thirty-first, two
thousand three;
  (iii) up to four hundred seventy-two million dollars  for  the  period
January  first,  two  thousand  four  through December thirty-first, two
thousand four;
  (iv) up to nine hundred million dollars for the period January  first,
two thousand five through December thirty-first, two thousand five;
  (v)  up  to  eight  hundred  sixty-six  million three hundred thousand
dollars for the period January first, two thousand six through  December
thirty-first, two thousand six;
  (vi)  up to six hundred sixteen million seven hundred thousand dollars
for the period January first, two thousand seven through December  thir-
ty-first, two thousand seven;
  (vii)  up  to  five hundred seventy-eight million nine hundred twenty-
five thousand dollars for the period January first, two  thousand  eight
through December thirty-first, two thousand eight; and
  (viii)  within  amounts  appropriated  on and after January first, two
thousand nine.
  (ll) Funds shall be deposited  by  the  commissioner,  within  amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed to receive for deposit to  the  credit  of  the  state  special
revenue  funds -- other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for  purposes  of  funding  the  state
share  of Medicaid expenditures related to the city of New York from the
tobacco control and  insurance  initiatives  pool  established  for  the
following periods in the following amounts:
  (i)  eighty-two  million seven hundred thousand dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two;

S. 2007--A                         87

  (ii) one hundred twenty-four million six hundred thousand dollars  for
the  period  January  first, two thousand three through December thirty-
first, two thousand three;
  (iii)  one  hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand four through  December  thir-
ty-first, two thousand four;
  (iv)  one  hundred  twenty-four million seven hundred thousand dollars
for the period January first, two thousand five through  December  thir-
ty-first, two thousand five;
  (v) one hundred twenty-four million seven hundred thousand dollars for
the  period  January  first,  two  thousand six through December thirty-
first, two thousand six;
  (vi) one hundred twenty-four million seven  hundred  thousand  dollars
for  the period January first, two thousand seven through December thir-
ty-first, two thousand seven;
  (vii) one hundred twenty-four million seven hundred  thousand  dollars
for  the period January first, two thousand eight through December thir-
ty-first, two thousand eight;
  (viii) one hundred twenty-four million seven hundred thousand  dollars
for  the  period January first, two thousand nine through December thir-
ty-first, two thousand nine;
  (ix) one hundred twenty-four million seven  hundred  thousand  dollars
for  the period January first, two thousand ten through December thirty-
first, two thousand ten;
  (x) thirty-one million one hundred seventy-five thousand  dollars  for
the  period  January  first,  two  thousand eleven through March thirty-
first, two thousand eleven; and
  (xi) one hundred twenty-four million seven  hundred  thousand  dollars
each  state  fiscal year for the period April first, two thousand eleven
through March thirty-first, two thousand fourteen.
  (mm) Funds shall be deposited  by  the  commissioner,  within  amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed to receive for deposit to  the  credit  of  the  state  special
revenue  funds  - other, HCRA transfer fund, medical assistance account,
or any successor fund or account,  for  purposes  of  funding  specified
percentages  of  the state share of services and expenses related to the
family health plus program in accordance with the following schedule:
  (i) (A) for the period  January  first,  two  thousand  three  through
December  thirty-first,  two  thousand  four, one hundred percent of the
state share;
  (B) for the period January first, two thousand five  through  December
thirty-first,  two  thousand  five,  seventy-five  percent  of the state
share; and,
  (C) for periods beginning on and after  January  first,  two  thousand
six, fifty percent of the state share.
  (ii)  Funding  for  the  family health plus program will include up to
five million dollars annually for the period January first, two thousand
three through December  thirty-first,  two  thousand  six,  up  to  five
million dollars for the period January first, two thousand seven through
December  thirty-first,  two  thousand  seven,  up  to seven million two
hundred thousand dollars for the  period  January  first,  two  thousand
eight  through  December  thirty-first,  two thousand eight, up to seven
million two hundred thousand dollars for the period January  first,  two
thousand  nine  through  December thirty-first, two thousand nine, up to
seven million two hundred thousand dollars for the period January first,
two thousand ten through December thirty-first, two thousand ten, up  to

S. 2007--A                         88

one million eight hundred thousand dollars for the period January first,
two  thousand eleven through March thirty-first, two thousand eleven, up
to six million forty-nine thousand dollars for the period  April  first,
two  thousand eleven through March thirty-first, two thousand twelve, up
to six million two hundred eighty-nine thousand dollars for  the  period
April  first,  two thousand twelve through March thirty-first, two thou-
sand thirteen, and up to six million  four  hundred  sixty-one  thousand
dollars  for the period April first, two thousand thirteen through March
thirty-first, two thousand fourteen, for  administration  and  marketing
costs  associated  with such program established pursuant to clauses (A)
and (B) of subparagraph (v) of  paragraph  (a)  of  subdivision  two  of
section  three hundred sixty-nine-ee of the social services law from the
tobacco control and  insurance  initiatives  pool  established  for  the
following periods in the following amounts:
  (A)  one  hundred  ninety million six hundred thousand dollars for the
period January first, two thousand three through December  thirty-first,
two thousand three;
  (B)  three hundred seventy-four million dollars for the period January
first, two thousand four through  December  thirty-first,  two  thousand
four;
  (C)  five  hundred  thirty-eight million four hundred thousand dollars
for the period January first, two thousand five through  December  thir-
ty-first, two thousand five;
  (D) three hundred eighteen million seven hundred seventy-five thousand
dollars  for the period January first, two thousand six through December
thirty-first, two thousand six;
  (E) four hundred eighty-two million eight hundred thousand dollars for
the period January first, two thousand seven  through  December  thirty-
first, two thousand seven;
  (F)  five hundred seventy million twenty-five thousand dollars for the
period January first, two thousand eight through December  thirty-first,
two thousand eight;
  (G) six hundred ten million seven hundred twenty-five thousand dollars
for  the  period January first, two thousand nine through December thir-
ty-first, two thousand nine;
  (H) six hundred twenty-seven million two hundred seventy-five thousand
dollars for the period January first, two thousand ten through  December
thirty-first, two thousand ten;
  (I)  one  hundred fifty-seven million eight hundred seventy-five thou-
sand dollars for the period January first, two thousand  eleven  through
March thirty-first, two thousand eleven;
  (J) six hundred twenty-eight million four hundred thousand dollars for
the  period April first, two thousand eleven through March thirty-first,
two thousand twelve;
  (K) six hundred fifty million four hundred thousand  dollars  for  the
period  April first, two thousand twelve through March thirty-first, two
thousand thirteen;
  (L) six hundred fifty million four hundred thousand  dollars  for  the
period  April  first,  two thousand thirteen through March thirty-first,
two thousand fourteen; and
  (M) up to three hundred ten million five hundred ninety-five  thousand
dollars  for the period April first, two thousand fourteen through March
thirty-first, two thousand fifteen.
  (nn) Funds shall be deposited  by  the  commissioner,  within  amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed to receive for deposit to  the  credit  of  the  state  special

S. 2007--A                         89

revenue  fund - other, HCRA transfer fund, health care services account,
or any successor fund or account, for purposes  related  to  adult  home
initiatives  for  medicaid  eligible residents of residential facilities
licensed pursuant to section four hundred sixty-b of the social services
law  from the tobacco control and insurance initiatives pool established
for the following periods in the following amounts:
  (i) up to four million dollars for the period January first, two thou-
sand three through December thirty-first, two thousand three;
  (ii) up to six million dollars for the period January first, two thou-
sand four through December thirty-first, two thousand four;
  (iii) up to eight million dollars for the period  January  first,  two
thousand   five   through  December  thirty-first,  two  thousand  five,
provided, however, that up to five million two  hundred  fifty  thousand
dollars of such funds shall be received by the comptroller and deposited
to  the  credit of the special revenue fund - other / aid to localities,
HCRA transfer fund - 061, enhanced community services account -  05,  or
any  successor fund or account, for the purposes set forth in this para-
graph;
  (iv) up to eight million dollars for the  period  January  first,  two
thousand  six through December thirty-first, two thousand six, provided,
however, that up to five million two hundred fifty thousand  dollars  of
such  funds  shall  be  received by the comptroller and deposited to the
credit of the special revenue fund - other /  aid  to  localities,  HCRA
transfer  fund  -  061, enhanced community services account - 05, or any
successor fund or account, for the purposes set forth in this paragraph;
  (v) up to eight million dollars for  the  period  January  first,  two
thousand  seven  through  December  thirty-first,  two  thousand  seven,
provided, however, that up to five million two  hundred  fifty  thousand
dollars of such funds shall be received by the comptroller and deposited
to  the  credit of the special revenue fund - other / aid to localities,
HCRA transfer fund - 061, enhanced community services account -  05,  or
any  successor fund or account, for the purposes set forth in this para-
graph;
  (vi) up to two million seven hundred fifty thousand  dollars  for  the
period  January first, two thousand eight through December thirty-first,
two thousand eight;
  (vii) up to two million seven hundred fifty thousand dollars  for  the
period  January  first, two thousand nine through December thirty-first,
two thousand nine;
  (viii) up to two million seven hundred fifty thousand dollars for  the
period  January  first,  two thousand ten through December thirty-first,
two thousand ten; and
  (ix) up to six hundred eighty-eight thousand dollars  for  the  period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven.
  (oo)  Funds  shall  be  reserved and accumulated from year to year and
shall be available, including income from invested funds,  for  purposes
of  grants  to non-public general hospitals pursuant to paragraph (e) of
subdivision twenty-five of section twenty-eight hundred seven-c of  this
article  from  the tobacco control and insurance initiatives pool estab-
lished for the following periods in the following amounts:
  (i) up to five million dollars on an annualized basis for  the  period
January  first,  two  thousand  four  through December thirty-first, two
thousand four;
  (ii) up to five million dollars for  the  period  January  first,  two
thousand five through December thirty-first, two thousand five;

S. 2007--A                         90

  (iii)  up  to  five  million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
  (iv)  up  to  five  million  dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven; [and]
  (v) up to five million dollars for the period January first, two thou-
sand eight through December thirty-first, two thousand eight;
  (vi) up to five million dollars for  the  period  January  first,  two
thousand nine through December thirty-first, two thousand nine;
  (vii)  up  to  five  million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten; and
  (viii) up to one million two hundred fifty thousand  dollars  for  the
period  January  first,  two thousand eleven through March thirty-first,
two thousand eleven.
  (pp) Funds shall be reserved and accumulated from  year  to  year  and
shall  be  available,  including  income  from  invested  funds, for the
purpose of supporting the provision of tax credits for  long  term  care
insurance  pursuant  to subdivision one of section one hundred ninety of
the tax law, paragraph (a) of subdivision twenty-five-a of  section  two
hundred  ten  of such law, subsection (aa) of section six hundred six of
such law, paragraph one of subsection (k) of  section  fourteen  hundred
fifty-six  of  such  law and paragraph one of subdivision (m) of section
fifteen hundred eleven of such law, in the following amounts:
  (i) ten million dollars for the period  January  first,  two  thousand
four through December thirty-first, two thousand four;
  (ii)  ten  million  dollars for the period January first, two thousand
five through December thirty-first, two thousand five;
  (iii) ten million dollars for the period January first,  two  thousand
six through December thirty-first, two thousand six; and
  (iv)  five  million dollars for the period January first, two thousand
seven through June thirtieth, two thousand seven.
  (qq) Funds shall be reserved and accumulated from  year  to  year  and
shall  be  available,  including  income  from  invested  funds, for the
purpose  of  supporting  the  long-term  care  insurance  education  and
outreach program established pursuant to section two hundred seventeen-a
of the elder law for the following periods in the following amounts:
  (i) up to five million dollars for the period January first, two thou-
sand  four  through  December  thirty-first,  two thousand four; of such
funds one million nine hundred fifty  thousand  dollars  shall  be  made
available  to the department for the purpose of developing, implementing
and administering the long-term care insurance  education  and  outreach
program  and  three million fifty thousand dollars shall be deposited by
the commissioner, within amounts appropriated, and  the  comptroller  is
hereby  authorized  and directed to receive for deposit to the credit of
the special revenue funds - other, HCRA transfer fund,  long  term  care
insurance  resource  center account of the state office for the aging or
any future account designated for the purpose of implementing  the  long
term  care  insurance  education  and outreach program and providing the
long term care insurance resource centers with the  necessary  resources
to carry out their operations;
  (ii)  up  to  five  million  dollars for the period January first, two
thousand five through December thirty-first, two thousand five; of  such
funds  one  million  nine  hundred  fifty thousand dollars shall be made
available to the department for the purpose of developing,  implementing
and  administering  the  long-term care insurance education and outreach
program and three million fifty thousand dollars shall be  deposited  by
the  commissioner,  within  amounts appropriated, and the comptroller is

S. 2007--A                         91

hereby authorized and directed to receive for deposit to the  credit  of
the  special  revenue  funds - other, HCRA transfer fund, long term care
insurance resource center account of the state office for the  aging  or
any  future  account designated for the purpose of implementing the long
term care insurance education and outreach  program  and  providing  the
long  term  care insurance resource centers with the necessary resources
to carry out their operations;
  (iii) up to five million dollars for the  period  January  first,  two
thousand  six  through  December thirty-first, two thousand six; of such
funds one million nine hundred fifty  thousand  dollars  shall  be  made
available  to the department for the purpose of developing, implementing
and administering the long-term care insurance  education  and  outreach
program and three million fifty thousand dollars shall be made available
to  the  office for the aging for the purpose of providing the long term
care insurance resource centers with the necessary  resources  to  carry
out their operations;
  (iv)  up  to  five  million  dollars for the period January first, two
thousand seven through December thirty-first,  two  thousand  seven;  of
such funds one million nine hundred fifty thousand dollars shall be made
available  to the department for the purpose of developing, implementing
and administering the long-term care insurance  education  and  outreach
program and three million fifty thousand dollars shall be made available
to  the  office for the aging for the purpose of providing the long term
care insurance resource centers with the necessary  resources  to  carry
out their operations;
  (v) up to five million dollars for the period January first, two thou-
sand  eight  through  December thirty-first, two thousand eight; of such
funds one million nine hundred fifty  thousand  dollars  shall  be  made
available  to the department for the purpose of developing, implementing
and administering the long term care insurance  education  and  outreach
program and three million fifty thousand dollars shall be made available
to  the  office for the aging for the purpose of providing the long term
care insurance resource centers with the necessary  resources  to  carry
out their operations;
  (vi)  up  to  five  million  dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine; of  such
funds  one  million  nine  hundred  fifty thousand dollars shall be made
available to the department for the purpose of developing,  implementing
and  administering  the  long-term care insurance education and outreach
program and three million fifty thousand dollars shall be made available
to the office for the aging for the purpose of providing  the  long-term
care  insurance  resource  centers with the necessary resources to carry
out their operations;
  (vii) up to four hundred eighty-eight thousand dollars for the  period
January first, two thousand ten through March thirty-first, two thousand
ten;  of  such funds four hundred eighty-eight thousand dollars shall be
made available to the department for the purpose of  developing,  imple-
menting  and  administering  the  long-term care insurance education and
outreach program.
  (rr) Funds shall be reserved and accumulated from the tobacco  control
and  insurance initiatives pool and shall be available, including income
from invested funds, for the purpose of supporting expenses  related  to
implementation  of  the provisions of title III of article twenty-nine-D
of this chapter, for the following periods and in the following amounts:
  (i) up to ten million dollars for the period January first, two  thou-
sand six through December thirty-first, two thousand six;

S. 2007--A                         92

  (ii) up to ten million dollars for the period January first, two thou-
sand seven through December thirty-first, two thousand seven;
  (iii)  up  to  ten  million  dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight;
  (iv) up to ten million dollars for the period January first, two thou-
sand nine through December thirty-first, two thousand nine;
  (v) up to ten million dollars for the period January first, two  thou-
sand ten through December thirty-first, two thousand ten; and
  (vi)  up  to  two million five hundred thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven.
  (ss) Funds shall be reserved and accumulated from the tobacco  control
and  insurance initiatives pool and used for a health care stabilization
program established by the commissioner for the purposes of  stabilizing
critical health care providers and health care programs whose ability to
continue  to provide appropriate services are threatened by financial or
other challenges, in the amount of up to  twenty-eight  million  dollars
for the period July first, two thousand four through June thirtieth, two
thousand  five.  Notwithstanding  the  provisions of section one hundred
twelve of the state finance law or any other inconsistent  provision  of
the state finance law or any other law, funds available for distribution
pursuant  to  this  paragraph  may  be  allocated and distributed by the
commissioner, or the state comptroller as applicable without  a  compet-
itive bid or request for proposal process. Considerations relied upon by
the commissioner in determining the allocation and distribution of these
funds  shall  include,  but  not  be  limited to, the following: (i) the
importance of the provider or program in meeting  critical  health  care
needs  in  the  community  in  which  it  operates; (ii) the provider or
program provision of care to under-served populations; (iii) the quality
of the care or services the provider or program delivers; (iv) the abil-
ity of the provider or program to continue  to  deliver  an  appropriate
level  of  care or services if additional funding is made available; (v)
the ability of the provider or program to access, in  a  timely  manner,
alternative  sources  of  funding, including other sources of government
funding; (vi) the ability of other providers or programs in the communi-
ty to meet the community health care needs; (vii) whether  the  provider
or  program  has an appropriate plan to improve its financial condition;
and (viii) whether additional  funding  would  permit  the  provider  or
program  to  consolidate,  relocate, or close programs or services where
such actions would result in greater stability  and  efficiency  in  the
delivery of needed health care services or programs.
  (tt)  Funds  shall  be  reserved and accumulated from year to year and
shall be available, including income from invested funds,  for  purposes
of  providing  grants  for  two  long  term  care demonstration projects
designed to test new models for the delivery of long term care  services
established  pursuant  to  section  twenty-eight hundred seven-x of this
chapter, for the following periods and in the following amounts:
  (i) up to five hundred thousand dollars for the period January  first,
two thousand four through December thirty-first, two thousand four;
  (ii) up to five hundred thousand dollars for the period January first,
two thousand five through December thirty-first, two thousand five;
  (iii)  up  to  five  hundred  thousand  dollars for the period January
first, two thousand six through December thirty-first, two thousand six;
  (iv) up to one million dollars for the period January first, two thou-
sand seven through December thirty-first, two thousand seven; and

S. 2007--A                         93

  (v) up to two hundred fifty thousand dollars for  the  period  January
first,  two  thousand  eight  through  March  thirty-first, two thousand
eight.
  (uu)  Funds  shall  be  reserved and accumulated from year to year and
shall be available,  including  income  from  invested  funds,  for  the
purpose  of supporting disease management and telemedicine demonstration
programs authorized pursuant to section  twenty-one  hundred  eleven  of
this chapter for the following periods in the following amounts:
  (i)  five  million  dollars for the period January first, two thousand
four through December thirty-first, two thousand four,  of  which  three
million  dollars shall be available for disease management demonstration
programs and two million dollars shall  be  available  for  telemedicine
demonstration programs;
  (ii)  five  million dollars for the period January first, two thousand
five through December thirty-first, two thousand five,  of  which  three
million  dollars shall be available for disease management demonstration
programs and two million dollars shall  be  available  for  telemedicine
demonstration programs;
  (iii)  nine million five hundred thousand dollars for the period Janu-
ary first, two thousand six through December thirty-first, two  thousand
six,  of  which  seven  million  five  hundred thousand dollars shall be
available for disease management demonstration programs and two  million
dollars shall be available for telemedicine demonstration programs;
  (iv) nine million five hundred thousand dollars for the period January
first,  two  thousand  seven through December thirty-first, two thousand
seven, of which seven million five hundred  thousand  dollars  shall  be
available  for disease management demonstration programs and one million
dollars shall be available for telemedicine demonstration programs;
  (v) nine million five hundred thousand dollars for the period  January
first,  two  thousand  eight through December thirty-first, two thousand
eight, of which seven million five hundred  thousand  dollars  shall  be
available  for disease management demonstration programs and two million
dollars shall be available for telemedicine demonstration programs;
  (vi) seven million eight hundred thirty-three thousand  three  hundred
thirty-three  dollars  for  the  period January first, two thousand nine
through December thirty-first, two thousand nine, of which seven million
five hundred thousand dollars shall be available for disease  management
demonstration  programs  and  three  hundred thirty-three thousand three
hundred thirty-three dollars shall be available for telemedicine  demon-
stration  programs  for  the  period  January  first,  two thousand nine
through March first, two thousand nine;
  (vii) one million eight hundred seventy-five thousand dollars for  the
period  January  first, two thousand ten through March thirty-first, two
thousand ten shall be available  for  disease  management  demonstration
programs.
  (ww)  Funds  shall  be  deposited  by the commissioner, within amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed  to  receive for the deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical  assistance  account,
or  any  successor  fund  or  account, for purposes of funding the state
share of the  general  hospital  rates  increases  for  recruitment  and
retention  of  health care workers pursuant to paragraph (e) of subdivi-
sion thirty of section twenty-eight hundred seven-c of this article from
the tobacco control and insurance initiatives pool established  for  the
following periods in the following amounts:

S. 2007--A                         94

  (i) sixty million five hundred thousand dollars for the period January
first,  two  thousand  five  through December thirty-first, two thousand
five; and
  (ii)  sixty million five hundred thousand dollars for the period Janu-
ary first, two thousand six through December thirty-first, two  thousand
six.
  (xx)  Funds  shall  be  deposited  by the commissioner, within amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed  to  receive for the deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical  assistance  account,
or  any  successor  fund  or  account, for purposes of funding the state
share of the general hospital rates increases for rural hospitals pursu-
ant to subdivision thirty-two of section twenty-eight hundred seven-c of
this article from the tobacco control  and  insurance  initiatives  pool
established for the following periods in the following amounts:
  (i) three million five hundred thousand dollars for the period January
first,  two  thousand  five  through December thirty-first, two thousand
five;
  (ii) three million five hundred thousand dollars for the period  Janu-
ary  first, two thousand six through December thirty-first, two thousand
six;
  (iii) three million five hundred thousand dollars for the period Janu-
ary first, two thousand seven through December thirty-first,  two  thou-
sand seven;
  (iv)  three million five hundred thousand dollars for the period Janu-
ary first, two thousand eight through December thirty-first,  two  thou-
sand eight; and
  (v)  three  million  two hundred eight thousand dollars for the period
January first, two thousand nine through November thirtieth,  two  thou-
sand nine.
  (yy)  Funds  shall  be  reserved and accumulated from year to year and
shall be available,  within  amounts  appropriated  and  notwithstanding
section  one  hundred  twelve  of  the  state  finance law and any other
contrary provision of law, for the purpose of supporting grants  not  to
exceed  five  million  dollars  to be made by the commissioner without a
competitive bid or request for  proposal  process,  in  support  of  the
delivery  of  critically  needed  health  care  services, to health care
providers located in the counties of Erie and Niagara which  executed  a
memorandum of closing and conducted a merger closing in escrow on Novem-
ber  twenty-fourth, nineteen hundred ninety-seven and which entered into
a settlement dated December thirtieth, two thousand four for a  loss  on
disposal  of  assets  under the provisions of title XVIII of the federal
social security act applicable to mergers occurring  prior  to  December
first, nineteen hundred ninety-seven.
  (zz)  Funds  shall  be  reserved and accumulated from year to year and
shall be available, within amounts  appropriated,  for  the  purpose  of
supporting  expenditures  authorized  pursuant  to  section twenty-eight
hundred eighteen of this article from the tobacco control and  insurance
initiatives  pool established for the following periods in the following
amounts:
  (i) six million five hundred thousand dollars for the  period  January
first,  two  thousand  five  through December thirty-first, two thousand
five;
  (ii) one hundred eight million three hundred thousand dollars for  the
period  January  first,  two thousand six through December thirty-first,
two thousand six, provided, however, that within amounts appropriated in

S. 2007--A                         95

the two thousand six through two thousand seven  state  fiscal  year,  a
portion  of  such  funds  may  be transferred to the Roswell Park Cancer
Institute Corporation to fund capital costs;
  (iii)  one  hundred seventy-one million dollars for the period January
first, two thousand seven through December  thirty-first,  two  thousand
seven,  provided,  however,  that within amounts appropriated in the two
thousand six through two thousand seven state fiscal year, a portion  of
such  funds  may  be  transferred  to  the Roswell Park Cancer Institute
Corporation to fund capital costs;
  (iv) one hundred seventy-one million five hundred thousand dollars for
the period January first, two thousand eight  through  December  thirty-
first, two thousand eight;
  (v)  one  hundred  twenty-eight  million  seven hundred fifty thousand
dollars for the period January first, two thousand nine through December
thirty-first, two thousand nine;
  (vi) one hundred thirty-one million three hundred  seventy-five  thou-
sand  dollars  for  the  period  January first, two thousand ten through
December thirty-first, two thousand ten;
  (vii) thirty-four million two hundred fifty thousand dollars  for  the
period  January  first,  two thousand eleven through March thirty-first,
two thousand eleven;
  (viii) four hundred thirty-three million three hundred sixty-six thou-
sand dollars for the period April first,  two  thousand  eleven  through
March thirty-first, two thousand twelve;
  (ix)  one hundred fifty million eight hundred six thousand dollars for
the period April first, two thousand twelve through March  thirty-first,
two thousand thirteen; AND
  (x)  seventy-eight million seventy-one thousand dollars for the period
April first, two thousand thirteen through March thirty-first, two thou-
sand fourteen.
  (aaa) Funds shall be reserved and accumulated from year  to  year  and
shall  be  available, including income from invested funds, for services
and expenses related to school based health centers, in an amount up  to
three  million five hundred thousand dollars for the period April first,
two thousand six through March thirty-first, two thousand seven,  up  to
three  million five hundred thousand dollars for the period April first,
two thousand seven through March thirty-first, two thousand eight, up to
three million five hundred thousand dollars for the period April  first,
two  thousand eight through March thirty-first, two thousand nine, up to
three million five hundred thousand dollars for the period April  first,
two  thousand  nine  through March thirty-first, two thousand ten, up to
three million five hundred thousand dollars for the period April  first,
two  thousand ten through March thirty-first, two thousand eleven, up to
two million eight hundred thousand dollars each state  fiscal  year  for
the  period April first, two thousand eleven through March thirty-first,
two thousand fourteen, [and] up to two million  six  hundred  forty-four
thousand  dollars each state fiscal year for the period April first, two
thousand fourteen through March thirty-first,  two  thousand  seventeen,
AND UP TO TWO MILLION SIX HUNDRED FORTY-FOUR THOUSAND DOLLARS EACH STATE
FISCAL  YEAR  FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.   The  total  amount  of  funds
provided  herein  shall  be  distributed as grants based on the ratio of
each provider's total enrollment for all sites to the  total  enrollment
of  all  providers.  This  formula  shall be applied to the total amount
provided herein.

S. 2007--A                         96

  (bbb) Funds shall be reserved and accumulated from year  to  year  and
shall  be  available, including income from invested funds, for purposes
of awarding  grants  to  operators  of  adult  homes,  enriched  housing
programs and residences through the enhancing abilities and life experi-
ence  (EnAbLe)  program  to  provide for the installation, operation and
maintenance of air conditioning in resident rooms, consistent with  this
paragraph,  in  an amount up to two million dollars for the period April
first, two thousand six through March thirty-first, two thousand  seven,
up  to three million eight hundred thousand dollars for the period April
first, two thousand  seven  through  March  thirty-first,  two  thousand
eight, up to three million eight hundred thousand dollars for the period
April first, two thousand eight through March thirty-first, two thousand
nine,  up to three million eight hundred thousand dollars for the period
April first, two thousand nine through March thirty-first, two  thousand
ten,  and  up  to  three  million eight hundred thousand dollars for the
period April first, two thousand ten  through  March  thirty-first,  two
thousand eleven. Residents shall not be charged utility cost for the use
of  air  conditioners  supplied  under  the EnAbLe program. All such air
conditioners must be operated in occupied resident rooms consistent with
requirements applicable to common areas.
  (ccc) Funds shall be deposited by  the  commissioner,  within  amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed to receive for the deposit to the credit of the  state  special
revenue  funds  - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for  purposes  of  funding  the  state
share of increases in the rates for certified home health agencies, long
term  home  health  care  programs,  AIDS  home  care  programs, hospice
programs and managed long term care plans and approved managed long term
care operating demonstrations as defined in section  forty-four  hundred
three-f  of  this  chapter  for recruitment and retention of health care
workers pursuant to subdivisions nine  and  ten  of  section  thirty-six
hundred  fourteen of this chapter from the tobacco control and insurance
initiatives pool established for the following periods in the  following
amounts:
  (i)  twenty-five  million dollars for the period June first, two thou-
sand six through December thirty-first, two thousand six;
  (ii) fifty million dollars for the period January first, two  thousand
seven through December thirty-first, two thousand seven;
  (iii) fifty million dollars for the period January first, two thousand
eight through December thirty-first, two thousand eight;
  (iv)  fifty million dollars for the period January first, two thousand
nine through December thirty-first, two thousand nine;
  (v) fifty million dollars for the period January first,  two  thousand
ten through December thirty-first, two thousand ten;
  (vi) twelve million five hundred thousand dollars for the period Janu-
ary  first, two thousand eleven through March thirty-first, two thousand
eleven;
  (vii) up to fifty million dollars each state fiscal year for the peri-
od April first, two thousand  eleven  through  March  thirty-first,  two
thousand fourteen; [and]
  (viii)  up  to  fifty  million  dollars each state fiscal year for the
period April first, two thousand fourteen  through  March  thirty-first,
two thousand seventeen; AND
  (IX)  UP  TO  FIFTY MILLION DOLLARS FOR EACH STATE FISCAL YEAR FOR THE
PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH  MARCH  THIRTY-FIRST,
TWO THOUSAND TWENTY.

S. 2007--A                         97

  (ddd)  Funds  shall  be  deposited by the commissioner, within amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed  to  receive for the deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical  assistance  account,
or  any  successor  fund  or  account, for purposes of funding the state
share of increases in the medical assistance  rates  for  providers  for
purposes  of  enhancing the provision, quality and/or efficiency of home
care services pursuant  to  subdivision  eleven  of  section  thirty-six
hundred  fourteen of this chapter from the tobacco control and insurance
initiatives pool established for the following period in the  amount  of
eight  million  dollars  for  the  period  April first, two thousand six
through December thirty-first, two thousand six.
  (eee) Funds shall be reserved and accumulated from year  to  year  and
shall  be available, including income from invested funds, to the Center
for Functional Genomics at the State University of New York  at  Albany,
for  the  purposes  of  the  Adirondack network for cancer education and
research in rural communities grant program to improve access to  health
care  and shall be made available from the tobacco control and insurance
initiatives pool established for the following period in the  amount  of
up  to  five  million dollars for the period January first, two thousand
six through December thirty-first, two thousand six.
  (fff) Funds shall be made available to the empire state stem cell fund
established by section ninety-nine-p of the  state  finance  law  within
amounts  appropriated up to fifty million dollars annually and shall not
exceed five hundred million dollars in total.
  (ggg) Funds shall be deposited by  the  commissioner,  within  amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed to receive for deposit to  the  credit  of  the  state  special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any  successor  fund or account, for the purpose of supporting the state
share of Medicaid expenditures  for  hospital  translation  services  as
authorized pursuant to paragraph (k) of subdivision one of section twen-
ty-eight  hundred  seven-c  of this article from the tobacco control and
initiatives pool established for the following periods in the  following
amounts:
  (i)  sixteen  million  dollars for the period July first, two thousand
eight through December thirty-first, two thousand eight; and
  (ii) fourteen million seven hundred thousand dollars  for  the  period
January  first,  two thousand nine through November thirtieth, two thou-
sand nine.
  (hhh) Funds shall be deposited by  the  commissioner,  within  amounts
appropriated,  and  the  state  comptroller  is  hereby  authorized  and
directed to receive for deposit to  the  credit  of  the  state  special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any  successor  fund or account, for the purpose of supporting the state
share of Medicaid expenditures for adjustments  to  inpatient  rates  of
payment  for  general  hospitals  located  in the counties of Nassau and
Suffolk as authorized pursuant to paragraph (l) of  subdivision  one  of
section  twenty-eight  hundred  seven-c of this article from the tobacco
control and initiatives pool established for the  following  periods  in
the following amounts:
  (i)  two  million  five  hundred thousand dollars for the period April
first, two thousand eight through December  thirty-first,  two  thousand
eight; and

S. 2007--A                         98

  (ii) two million two hundred ninety-two thousand dollars for the peri-
od  January  first,  two  thousand  nine through November thirtieth, two
thousand nine.
  (iii)  Funds shall be reserved and set aside and accumulated from year
to year and shall be made available, including  income  from  investment
funds,  for  the purpose of supporting the New York state medical indem-
nity fund as authorized pursuant to title four of article  twenty-nine-D
of this chapter, for the following periods and in the following amounts,
provided,  however,  that  the commissioner is authorized to seek waiver
authority from the federal centers for medicare  and  Medicaid  for  the
purpose  of  securing  Medicaid federal financial participation for such
program, in which case the funding authorized pursuant to this paragraph
shall be utilized as the non-federal share for such payments:
  Thirty million dollars for the period April first, two thousand eleven
through March thirty-first, two thousand twelve.
  2. (a) For periods prior to January  first,  two  thousand  five,  the
commissioner  is  authorized  to  contract  with the article forty-three
insurance law plans, or such other contractors as the commissioner shall
designate, to receive and distribute funds from the tobacco control  and
insurance  initiatives pool established pursuant to this section. In the
event contracts with the article  forty-three  insurance  law  plans  or
other  commissioner's  designees are effectuated, the commissioner shall
conduct annual audits of the receipt and distribution of such funds. The
reasonable costs and expenses of an administrator  as  approved  by  the
commissioner,  not  to  exceed for personnel services on an annual basis
five hundred thousand dollars, for collection and distribution of  funds
pursuant to this section shall be paid from such funds.
  (b)  Notwithstanding any inconsistent provision of section one hundred
twelve or one hundred sixty-three of the state finance law or any  other
law,  at the discretion of the commissioner without a competitive bid or
request for proposal process, contracts in effect for administration  of
pools  established  pursuant  to  sections twenty-eight hundred seven-k,
twenty-eight hundred seven-l and twenty-eight hundred  seven-m  of  this
article  for  the  period  January  first,  nineteen hundred ninety-nine
through December  thirty-first,  nineteen  hundred  ninety-nine  may  be
extended  to provide for administration pursuant to this section and may
be amended as may be necessary.
  § 17. 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  2  of part C of chapter 59 of the laws of 2016, 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

S. 2007--A                         99

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  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, [and] between July  1,
2016  and  June 30, 2017, AND BETWEEN JULY 1, 2017 AND JUNE 30, 2018 for
physicians or dentists certified as eligible for  each  such  period  or
periods  pursuant to subdivision 2 of this section by a general hospital
licensed pursuant to article 28 of the public health law; provided  that
no  single  insurer  shall  write  more  than fifty percent of the total
excess premium for a given policy year; and provided, however, that such
eligible physicians or dentists must have in force an individual policy,
from an insurer licensed in this state of primary malpractice  insurance
coverage  in  amounts of no less than one million three hundred thousand
dollars for each  claimant  and  three  million  nine  hundred  thousand
dollars  for  all  claimants under that policy during the period of such
excess coverage for  such  occurrences  or  be  endorsed  as  additional
insureds under a hospital professional liability policy which is offered
through a voluntary attending physician ("channeling") program previous-
ly  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 malprac-
tice insurance coverage or coverage provided through a voluntary attend-
ing physician ("channeling") program, total an aggregate  level  of  two

S. 2007--A                         100

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  insurance
coverage provided pursuant to this act, exceeds the rate of nine percent
per  annum,  then  the  required  level of primary malpractice insurance
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 cover-
age, when combined with such  primary  malpractice  insurance  coverage,
shall  increase  the  aggregate  level  for each claimant by one million
dollars and three  million  dollars  for  all  claimants;  and  provided
further,  that,  with respect to policies of primary medical malpractice
coverage that include occurrences between April 1,  2002  and  June  30,
2002,  such  requirement  that  coverage  be in amounts no less than one
million three hundred thousand  dollars  for  each  claimant  and  three
million  nine hundred thousand dollars for all claimants for such occur-
rences shall be effective April 1, 2002.
  § 18. 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 3 of
part C of chapter 59 of the laws of 2016, 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 allo-
cable  to  each general hospital for physicians or dentists certified as
eligible for purchase of a policy for excess insurance coverage by  such
general  hospital  in accordance with subdivision 2 of this section, and
may amend such determination and certification as necessary.
  (b) The superintendent  of  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

S. 2007--A                         101

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 allocable to each general hospital for physi-
cians or dentists certified as eligible for purchase  of  a  policy  for
excess  insurance coverage or equivalent excess coverage by such general
hospital in accordance with subdivision 2 of this section, and may amend
such determination and certification as necessary. The superintendent of
financial services shall determine and certify to each general  hospital
and to the commissioner of health the ratable share of such cost alloca-
ble to the period July 1, 1987 to December 31, 1987, to the period Janu-
ary 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 JUNE 30, 2018.
  §  19.  Paragraphs  (a),  (b),  (c),  (d)  and (e) of subdivision 8 of
section 18 of chapter 266 of the laws of 1986, amending the civil  prac-
tice  law  and  rules and other laws relating to malpractice and profes-

S. 2007--A                         102

sional medical conduct, as amended by section 4 of part C of chapter  59
of the laws of 2016, 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 June 30, 2016, [and
between] DURING THE PERIOD July 1, 2016 and June 30,  2017,  AND  DURING
THE  PERIOD  JULY  1, 2017 AND JUNE 30, 2018 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 physi-
cian or dentist for whom a  policy  for  excess  insurance  coverage  or
equivalent excess coverage is purchased for such period shall be respon-
sible for payment to the provider of excess insurance coverage or equiv-
alent 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

S. 2007--A                         103

covering the period July 1, 2016 to June 30, 2017, OR COVERING THE PERI-
OD JULY 1, 2017 TO JUNE 30, 2018 shall notify  a  covered  physician  or
dentist by mail, mailed to the address shown on the last application for
excess  insurance  coverage or equivalent excess coverage, of the amount
due to such provider from such physician or dentist  for  such  coverage
period  determined in accordance with paragraph (a) of this subdivision.
Such amount shall be due from such physician or dentist to such provider
of excess insurance coverage or equivalent excess coverage in a time and
manner determined by the superintendent of 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 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  equivalent excess coverage purchased for such physician or
dentist in accordance with this section for such coverage  period  shall
be  cancelled and shall be null and void as of the first day on or after
the commencement of a policy period  where  the  liability  for  payment
pursuant to this subdivision has not been met.
  (d)  Each  provider  of excess insurance coverage or equivalent excess
coverage shall notify the superintendent of 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

S. 2007--A                         104

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 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,  [and] to the period July 1, 2016 to June 30,
2017, AND TO THE PERIOD JULY 1, 2017 TO JUNE 30, 2018 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 covering the period July 1, 1997 to June 30,
1998, and covering the period July 1, 1998 to June 30, 1999, and  cover-
ing  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  cover-
ing  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 covering the period July 1, 2010 to June  30,
2011,  and covering the period July 1, 2011 to June 30, 2012, and cover-
ing 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,

S. 2007--A                         105

and  covering the period July 1, 2016 to June 30, 2017, AND COVERING THE
PERIOD JULY 1, 2017 TO JUNE 30, 2018 for a physician  or  dentist  where
such   excess  insurance  coverage  or  equivalent  excess  coverage  is
cancelled in accordance with paragraph (c) of this subdivision.
  §  20.  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 5 of part C of chap-
ter 59 of the laws of 2016, 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,
[2017] 2018; 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, [2017]
2018, 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, [2017]
2018 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

S. 2007--A                         106

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.
  § 21. Section 5 and subdivisions (a) and (e) of section 6 of part J of
chapter 63 of the laws of 2001, amending chapter  266  of  the  laws  of
1986,  amending the civil practice law and rules and other laws relating
to malpractice and professional medical conduct, as amended by section 6
of part C of chapter 59 of the laws of 2016,  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, [and] June 15,  2017,
AND  JUNE  15, 2018 the amount of funds available in the hospital excess
liability pool, created pursuant to section 18 of  chapter  266  of  the
laws  of  1986,  and  whether  such funds are sufficient for purposes of
purchasing excess insurance coverage for eligible  participating  physi-
cians  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 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
as applicable.

S. 2007--A                         107

  (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, [and] June 15, 2017, AND JUNE 15, 2018 as  applica-
ble.
  §  22.  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, shall be eligible to apply for such coverage for
the coverage period beginning the first of July, two thousand seventeen;
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
exceeds the total number of physicians or dentists certified as eligible
for the coverage period beginning the first of July, two thousand seven-
teen,  then the general hospitals may certify additional eligible physi-
cians or dentists in a number equal to such general  hospital's  propor-
tional  share  of  the  total  number of physicians or dentists for whom
excess coverage or equivalent excess coverage was purchased  with  funds
available  in  the hospital excess liability pool as of the thirtieth of
June, two thousand seventeen, 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 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.
  § 23. This act shall take effect immediately; provided, however, that:
  (a) the amendments made to sections 2807-s and 2807-j  of  the  public
health  law  made by sections three, four and five of this act shall not
affect the expiration of such sections and shall expire therewith;
  (b) the amendments to subdivision 6 of section 2807-t  of  the  public
health law made by section twelve of this act shall not affect the expi-
ration of such section and shall be deemed to expire therewith; and
  (c)  sections seventeen through twenty-two of this act shall be deemed
to have been in full force and effect on and after April 1, 2017.

                                 PART I

  Section 1. Section 11 of chapter 884 of the laws of 1990, amending the
public health law relating to authorizing  bad  debt  and  charity  care
allowances  for  certified home health agencies, as amended by section 1

S. 2007--A                         108

of part D of chapter 57 of the laws of  2015,  is  amended  to  read  as
follows:
  § 11. This act shall take effect immediately and:
  (a) sections one and three shall expire on December 31, 1996,
  (b)  sections  four  through ten shall expire on June 30, [2017] 2019,
and
  (c) provided that the amendment to section 2807-b of the public health
law by section two of this act shall not affect the expiration  of  such
section  2807-b  as  otherwise  provided  by  law and shall be deemed to
expire therewith.
  § 2. Subdivision 4-a of section 71 of part C of chapter 60 of the laws
of 2014 amending the social services law relating to  eliminating  pres-
criber prevails for brand name drugs with generic equivalent, as amended
by  section 6 of part D of chapter 59 of the laws of 2016, is amended to
read as follows:
  4-a. section twenty-two of this act shall take effect April  1,  2014,
and shall be deemed expired January 1, [2018] 2019;
  §  3.  Subparagraph  (vi) of paragraph (b) of subdivision 2 of section
2807-d of the public health law, as amended by section 3 of  part  D  of
chapter 57 of the laws of 2015, is amended to read as follows:
  (vi)  Notwithstanding  any contrary provision of this paragraph or any
other provision of law or regulation to the  contrary,  for  residential
health care facilities the assessment shall be six percent of each resi-
dential  health care facility's gross receipts received from all patient
care services and other operating income on a cash basis for the  period
April  first,  two thousand two through March thirty-first, two thousand
three for hospital  or  health-related  services,  including  adult  day
services;  provided,  however,  that residential health care facilities'
gross receipts attributable to payments received pursuant to title XVIII
of the federal social security act (medicare) shall be excluded from the
assessment; provided, however, that for all such gross receipts received
on or after April first, two thousand three through March  thirty-first,
two  thousand  five,  such assessment shall be five percent, and further
provided that for all such gross receipts received  on  or  after  April
first,  two thousand five through March thirty-first, two thousand nine,
and on or after April first, two thousand  nine  through  March  thirty-
first,  two  thousand  eleven  such assessment shall be six percent, and
further provided that for all such gross receipts received on  or  after
April  first,  two thousand eleven through March thirty-first, two thou-
sand thirteen such assessment shall be six percent, and further provided
that for all such gross receipts received on or after April  first,  two
thousand  thirteen through March thirty-first, two thousand fifteen such
assessment shall be six percent, and further provided that for all  such
gross  receipts  received  on or after April first, two thousand fifteen
through March thirty-first, two thousand seventeen such assessment shall
be six percent, AND FURTHER PROVIDED THAT FOR ALL  SUCH  GROSS  RECEIPTS
RECEIVED  ON  OR AFTER APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH
THIRTY-FIRST,  TWO  THOUSAND  NINETEEN  SUCH  ASSESSMENT  SHALL  BE  SIX
PERCENT.
  §  4. Subdivision 1 of section 194 of chapter 474 of the laws of 1996,
amending the education law and other laws relating to rates for residen-
tial health care facilities, as amended by section 5 of part D of  chap-
ter 57 of the laws of 2015, is amended to read as follows:
  1.  Notwithstanding  any  inconsistent provision of law or regulation,
the trend factors used to project reimbursable operating  costs  to  the
rate  period  for  purposes  of determining rates of payment pursuant to

S. 2007--A                         109

article 28 of the public health law for residential health care  facili-
ties for reimbursement of inpatient services provided to patients eligi-
ble  for payments made by state governmental agencies on and after April
1,  1996  through March 31, 1999 and for payments made on and after July
1, 1999 through March 31, 2000 and on and after April  1,  2000  through
March 31, 2003 and on and after April 1, 2003 through March 31, 2007 and
on and after April 1, 2007 through March 31, 2009 and on and after April
1,  2009  through  March 31, 2011 and on and after April 1, 2011 through
March 31, 2013 and on and after April 1, 2013 through  March  31,  2015,
and  on and after April 1, 2015 through March 31, 2017, AND ON AND AFTER
APRIL 1, 2017 THROUGH MARCH 31,  2018  shall  reflect  no  trend  factor
projections  or  adjustments for the period April 1, 1996, through March
31, 1997.
  § 5. Subdivision 1 of section 89-a of part C of chapter 58 of the laws
of 2007, amending the social services law and  other  laws  relating  to
enacting  the major components of legislation necessary to implement the
health and mental hygiene budget for the 2007-2008 state fiscal year, as
amended by section 6 of part D of chapter 57 of the  laws  of  2015,  is
amended to read as follows:
  1.  Notwithstanding  paragraph (c) of subdivision 10 of section 2807-c
of the public health law and section 21 of chapter  1  of  the  laws  of
1999,  as  amended, and any other inconsistent provision of law or regu-
lation to the contrary,  in  determining  rates  of  payments  by  state
governmental agencies effective for services provided beginning April 1,
2006,  through  March  31,  2009, and on and after April 1, 2009 through
March 31, 2011, and on and after April 1, 2011 through March  31,  2013,
and  on and after April 1, 2013 through March 31, 2015, and on and after
April 1, 2015 through March 31, 2017, AND ON AND  AFTER  APRIL  1,  2017
THROUGH MARCH 31, 2018 for inpatient and outpatient services provided by
general  hospitals  and  for inpatient services and outpatient adult day
health care services provided  by  residential  health  care  facilities
pursuant  to  article  28  of the public health law, the commissioner of
health shall apply a trend factor  projection  of  two  and  twenty-five
hundredths  percent  attributable  to the period January 1, 2006 through
December 31, 2006, and on and after January 1, 2007, provided,  however,
that  on  reconciliation  of such trend factor for the period January 1,
2006 through December 31, 2006 pursuant to paragraph (c) of  subdivision
10  of  section 2807-c of the public health law, such trend factor shall
be the final US Consumer Price Index (CPI) for all urban  consumers,  as
published by the US Department of Labor, Bureau of Labor Statistics less
twenty-five hundredths of a percentage point.
  § 6. Subdivision 5-a of section 246 of chapter 81 of the laws of 1995,
amending  the  public  health  law  and  other  laws relating to medical
reimbursement and welfare reform, as amended by section 11 of part D  of
chapter 57 of the laws of 2015, is amended to read as follows:
  5-a.  Section sixty-four-a of this act shall be deemed to have been in
full force and effect on and after April 1, 1995 through March 31,  1999
and  on  and  after July 1, 1999 through March 31, 2000 and on and after
April 1, 2000 through March 31, 2003 and on  and  after  April  1,  2003
through March 31, 2007, and on and after April 1, 2007 through March 31,
2009,  and on and after April 1, 2009 through March 31, 2011, and on and
after April 1, 2011 through March 31, 2013, and on and  after  April  1,
2013  through  March  31,  2015,  and on and after April 1, 2015 through
March 31, 2017 AND ON AND AFTER APRIL 1, 2017 THROUGH MARCH 31, 2019;
  § 7. Section 64-b of chapter 81 of the  laws  of  1995,  amending  the
public  health  law and other laws relating to medical reimbursement and

S. 2007--A                         110

welfare reform, as amended by section 12 of part D of chapter 57 of  the
laws of 2015, is amended to read as follows:
  §  64-b.  Notwithstanding  any  inconsistent  provision  of  law,  the
provisions of subdivision 7 of section 3614 of the public health law, as
amended, shall remain and be in full force and effect on April  1,  1995
through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
and after April 1, 2000 through March 31, 2003 and on and after April 1,
2003  through  March  31,  2007,  and on and after April 1, 2007 through
March 31, 2009, and on and after April 1, 2009 through March  31,  2011,
and  on and after April 1, 2011 through March 31, 2013, and on and after
April 1, 2013 through March 31, 2015, and on and  after  April  1,  2015
through  March 31, 2017 AND ON AND AFTER APRIL 1, 2017 THROUGH MARCH 31,
2019.
  § 8. Subdivision (a) of section 40 of part B of  chapter  109  of  the
laws  of  2010, amending the social services law relating to transporta-
tion costs, as amended by section 23 of part D of chapter 57 of the laws
of 2015, is amended to read as follows:
  (a) sections two, three, three-a, three-b, three-c,  three-d,  three-e
and  twenty-one  of  this  act  shall take effect July 1, 2010; sections
fifteen, sixteen, seventeen, eighteen and nineteen  of  this  act  shall
take effect January 1, 2011; and provided further that section twenty of
this  act  shall be deemed repealed [six] EIGHT years after the date the
contract entered into pursuant to section 365-h of the  social  services
law,  as  amended  by  section twenty of this act, is executed; provided
that the commissioner of health shall notify the legislative bill draft-
ing commission upon the execution of the contract entered into  pursuant
to section 367-h of the social services law in order that the commission
may  maintain an accurate and timely effective data base of the official
text of the laws of the state of New York in furtherance of effectuating
the provisions of section 44 of the legislative law and section 70-b  of
the public officers law;
  §  9. 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  29
of  part  D  of  chapter  57  of the laws of 2015, 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, [2017] 2018 through March 31, [2017]  2018,  for
inpatient  and  outpatient  services  provided by general hospitals, for
inpatient  services  and  adult  day  health  care  outpatient  services
provided by residential health care facilities pursuant to article 28 of
the  public health law, except for residential health care facilities or
units of such facilities providing services primarily to children  under
twenty-one years of age, for home health care services provided pursuant
to  article  36  of the public health law by certified home health agen-
cies, long term home health care programs and AIDS home  care  programs,
and for personal care services provided pursuant to section 365-a of the
social  services  law, the commissioner of health shall apply no greater
than zero trend factors attributable to the [2017] 2018 calendar year in
accordance with paragraph (c) of subdivision 10 of section 2807-c of the
public health law, provided, however, that such  no  greater  than  zero
trend  factors attributable to such [2017] 2018 calendar year shall also

S. 2007--A                         111

be applied to rates of payment provided on and after January  1,  [2017]
2018  through  March 31, [2017] 2018 for personal care services provided
in those local social services districts, including New York city, whose
rates  of payment for such services are established by such local social
services districts pursuant to a rate-setting exemption  issued  by  the
commissioner  of  health  to  such  local  social  services districts in
accordance with applicable regulations, and provided  further,  however,
that  for rates of payment for assisted living program services provided
on and after January 1, [2017] 2018 through March 31, [2017] 2018,  such
trend  factors  attributable  to  the [2017] 2018 calendar year shall be
established at no greater than zero percent.
  § 10. Subdivisions 3 and 5 of section 47 of chapter 2 of the  laws  of
1998,  amending the public health law and other laws relating to expand-
ing the child health insurance plan, as amended by section 61 of part  C
of chapter 60 of the laws of 2014, are amended to read as follows:
  3.  section  six  of  this  act  shall  take  effect  January 1, 1999;
provided, however, that subparagraph (iii) of paragraph (c) of  subdivi-
sion  9  of section 2510 of the public health law, as added by this act,
shall expire on July 1, [2017] 2018;
  5. section twelve of this act  shall  take  effect  January  1,  1999;
provided,  however,  paragraphs  (g) and (h) of subdivision 2 of section
2511 of the public health law, as added by such section, shall expire on
July 1, [2017] 2018;
  § 11. Section 4 of chapter 19 of the laws of 1998, amending the social
services law relating to limiting the method of payment for prescription
drugs under the medical assistance program, as amended by section 65  of
part C of chapter 60 of the laws of 2014, is amended to read as follows:
  §  4. This act shall take effect 120 days after it shall have become a
law and shall expire and be deemed repealed March 31, [2017] 2020.
  § 12. Paragraph (e-1) of subdivision 12 of section 2808 of the  public
health law, as amended by section 66 of part C of chapter 60 of the laws
of 2014, is amended to read as follows:
  (e-1) Notwithstanding any inconsistent provision of law or regulation,
the  commissioner  shall  provide,  in  addition to payments established
pursuant to this article prior to application  of  this  section,  addi-
tional  payments  under the medical assistance program pursuant to title
eleven of article five of the social services law for non-state operated
public residential health care facilities, including public  residential
health  care  facilities  located in the county of Nassau, the county of
Westchester and the county of Erie,  but  excluding  public  residential
health  care  facilities  operated by a town or city within a county, in
aggregate annual amounts of up to one hundred fifty million  dollars  in
additional payments for the state fiscal year beginning April first, two
thousand  six  and  for the state fiscal year beginning April first, two
thousand seven and for the state fiscal year beginning April first,  two
thousand eight and of up to three hundred million dollars in such aggre-
gate  annual  additional  payments  for  the state fiscal year beginning
April first, two thousand nine, and for the state fiscal year  beginning
April  first,  two  thousand ten and for the state fiscal year beginning
April first, two thousand eleven, and for the state fiscal years  begin-
ning  April  first,  two  thousand  twelve and April first, two thousand
thirteen, and of up to five hundred million dollars  in  such  aggregate
annual  additional  payments  for the state fiscal years beginning April
first, two thousand fourteen, April  first,  two  thousand  fifteen  and
April  first,  two  thousand  sixteen  AND OF UP TO FIVE HUNDRED MILLION
DOLLARS IN SUCH AGGREGATE  ANNUAL  ADDITIONAL  PAYMENTS  FOR  THE  STATE

S. 2007--A                         112

FISCAL YEARS BEGINNING APRIL FIRST, TWO THOUSAND SEVENTEEN, APRIL FIRST,
TWO  THOUSAND  EIGHTEEN,  AND  APRIL  FIRST,  TWO THOUSAND NINETEEN. The
amount allocated to each eligible public residential health care facili-
ty  for  this period shall be computed in accordance with the provisions
of paragraph (f) of this subdivision, provided,  however,  that  patient
days  shall  be utilized for such computation reflecting actual reported
data for two thousand three and each representative succeeding  year  as
applicable,  and  provided  further, however, that, in consultation with
impacted providers, of the funds allocated for distribution in the state
fiscal year beginning April first, two thousand thirteen, up to  thirty-
two  million dollars may be allocated in accordance with paragraph (f-1)
of this subdivision.
  § 13. Section 18 of chapter 904 of the  laws  of  1984,  amending  the
public  health  law  and the social services law relating to encouraging
comprehensive health services, as amended by section 67-c of part  C  of
chapter 60 of the laws of 2014, is amended to read as follows:
  §  18.  This  act  shall take effect immediately, except that sections
six, nine, ten and eleven of this act shall take effect on the  sixtieth
day after it shall have become a law, sections two, three, four and nine
of  this  act  shall  expire  and be of no further force or effect on or
after March 31, [2017] 2020, section two of this act shall  take  effect
on  April  1,  1985 or seventy-five days following the submission of the
report required by section one of this  act,  whichever  is  later,  and
sections  eleven  and  thirteen  of  this  act shall expire and be of no
further force or effect on or after March 31, 1988.
  § 14. Section 4 of part X2 of chapter 62 of the laws of 2003, amending
the public health law relating to allowing for the use of funds  of  the
office  of  professional  medical  conduct for activities of the patient
health information and quality improvement act of 2000,  as  amended  by
section  4-b  of part A of chapter 57 of the laws of 2015, is amended to
read as follows:
  § 4. This  act  shall  take  effect  immediately;  provided  that  the
provisions  of  section  one of this act shall be deemed to have been in
full force and effect on and after April 1, 2003, and shall expire March
31, [2017] 2020 when upon such date the provisions of such section shall
be deemed repealed.
  § 15.  Subdivision (o) of section 111 of part H of chapter 59  of  the
laws  of  2011, amending the public health law relating to the statewide
health information network of New York and the  statewide  planning  and
research cooperative system and general powers and duties, as amended by
section  28  of  part D of chapter 57 of the laws of 2015, is amended to
read as follows:
  (o) sections thirty-eight and thirty-eight-a of this act shall  expire
and be deemed repealed March 31, [2017] 2019;
  § 16. Section 32 of part A of chapter 58 of the laws of 2008, amending
the  elder law and other laws relating to reimbursement to participating
provider pharmacies  and  prescription  drug  coverage,  as  amended  by
section  13  of  part A of chapter 57 of the laws of 2015, is amended to
read as follows:
  § 32. This act shall take effect immediately and shall  be  deemed  to
have  been in full force and effect on and after April 1, 2008; provided
however, that sections one, six-a, nineteen,  twenty,  twenty-four,  and
twenty-five of this act shall take effect July 1, 2008; provided however
that  sections  sixteen, seventeen and eighteen of this act shall expire
April 1, [2017] 2020; provided, however, that  the  amendments  made  by
section  twenty-eight  of this act shall take effect on the same date as

S. 2007--A                         113

section 1 of chapter 281 of the laws  of  2007  takes  effect;  provided
further,  that  sections twenty-nine, thirty, and thirty-one of this act
shall take effect October 1, 2008; provided further, that section  twen-
ty-seven  of  this  act  shall take effect January 1, 2009; and provided
further, that section twenty-seven of  this  act  shall  expire  and  be
deemed  repealed  March 31, [2017] 2020; and provided, further, however,
that the amendments to subdivision 1 of section 241 of the education law
made by section twenty-nine of this act shall not affect the  expiration
of such subdivision and shall be deemed to expire therewith and provided
that  the  amendments  to  section  272 of the public health law made by
section thirty of this act shall not affect the repeal of  such  section
and shall be deemed repealed therewith.
  §  17.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2017.

                                 PART J

  Section 1. The general obligations law is  amended  by  adding  a  new
article 18-B to read as follows:
                              ARTICLE 18-B
                        PHARMACY BENEFIT MANAGERS
SECTION 18-301. PHARMACY BENEFIT MANAGERS.
  § 18-301. PHARMACY BENEFIT MANAGERS. (A) FOR PURPOSES OF THIS SECTION:
(1)  "PHARMACY  BENEFIT  MANAGER"  MEANS AN ENTITY THAT CONTRACTS WITH A
COVERED ENTITY TO PROVIDE PHARMACY HEALTH BENEFIT SERVICES  OR  ADMINIS-
TRATION.
  (2)  "COVERED  ENTITY"  MEANS  AN INSURANCE COMPANY AUTHORIZED IN THIS
STATE TO WRITE ACCIDENT AND HEALTH INSURANCE, A COMPANY ORGANIZED PURSU-
ANT TO ARTICLE FORTY-THREE OF THE INSURANCE LAW, A MUNICIPAL COOPERATIVE
HEALTH BENEFIT PLAN ESTABLISHED PURSUANT TO ARTICLE FORTY-SEVEN  OF  THE
INSURANCE  LAW,  A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO
ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW, AN  INSTITUTION  OF  HIGHER
EDUCATION  CERTIFIED  PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWEN-
TY-FOUR OF THE INSURANCE LAW,  OR THE NEW YORK  STATE  HEALTH  INSURANCE
PLAN  ESTABLISHED  UNDER  ARTICLE  ELEVEN OF THE CIVIL SERVICE LAW, OR A
HEALTH PROGRAM ADMINISTERED BY THE DEPARTMENT OF HEALTH.
  (3) "PHARMACY BENEFIT MANAGEMENT SERVICES" MEANS DIRECTLY  OR  THROUGH
AN  INTERMEDIARY,  MANAGING THE PRESCRIPTION DRUG COVERAGE PROVIDED BY A
COVERED ENTITY, INCLUDING THE  PROCESSING  AND  PAYMENT  OF  CLAIMS  FOR
PRESCRIPTION  DRUGS,  THE  PERFORMANCE  OF  DRUG UTILIZATION REVIEW, THE
PROCESSING OF DRUG PRIOR AUTHORIZATION  REQUESTS,  THE  ADJUDICATION  OF
APPEALS OR GRIEVANCES RELATED TO PRESCRIPTION DRUG COVERAGE, CONTRACTING
WITH NETWORK PHARMACIES AND CONTROLLING THE COST OF COVERED PRESCRIPTION
DRUGS.
  (B)  THE  CONTRACT  BETWEEN THE PHARMACY BENEFIT MANAGER AND A COVERED
ENTITY SHALL PROVIDE FOR DISCLOSURE OF INFORMATION TO THE COVERED  ENTI-
TY,  UPON SIXTY DAYS NOTIFICATION TO THE PHARMACY BENEFIT MANAGER AND/OR
AT REGULAR NEGOTIATED REPORTING INTERVALS,  NECESSARY  FOR  THE  COVERED
ENTITY  TO  DETERMINE  PHARMACY  BENEFIT  MANAGER  COMPLIANCE  WITH  THE
CONTRACT TERMS BUT SHALL NOT INCLUDE  PROPRIETARY  BUSINESS  INFORMATION
AND PROTECTED HEALTH INFORMATION.
  (C) THE CONTRACT BETWEEN THE PHARMACY MANAGER AND COVERED ENTITY SHALL
PROVIDE FOR AN ANNUAL AUDIT RIGHT TO ALLOW THE COVERED ENTITY TO EXECUTE
AN  AUDIT  TO  VALIDATE  COMPLIANCE  WITH CONTRACT TERMS WITH RESPECT TO
PROGRAMS THAT THE COVERED ENTITY OFFERS OR PROVIDES TO ITS ENROLLEES FOR
PRESCRIPTION DRUG BENEFITS ADMINISTERED BY THE PHARMACY BENEFIT MANAGER.

S. 2007--A                         114

  (D) THE PHARMACY BENEFIT MANAGER MAY REQUIRE A NONDISCLOSURE AGREEMENT
UNDER WHICH A COVERED ENTITY AGREES THAT THE INFORMATION OBTAINED DURING
AN AUDIT IS PROPRIETARY INFORMATION. THE PHARMACY  BENEFIT  MANAGER  MAY
NOT  BE REQUIRED TO PROVIDE THE INFORMATION UNTIL THE COVERED ENTITY HAS
EXECUTED  THE  NONDISCLOSURE  AGREEMENT, UNLESS THE CONTRACT SAYS OTHER-
WISE.
  (E) THE PHARMACY BENEFIT MANAGER SHALL ACT IN GOOD FAITH TO PERFORM IN
COMPLIANCE WITH THE TERMS OF AN EXECUTED CONTRACT FOR  PHARMACY  BENEFIT
MANAGEMENT SERVICES.
  § 2. Section 280-a of the public health law is amended by adding a new
subdivision 3 to read as follows:
  3. A PHARMACY BENEFIT MANAGER SHALL, WITH RESPECT TO CONTRACTS BETWEEN
THE  PHARMACY BENEFIT MANAGER AND AN INSURER, ENSURE A PRESCRIPTION DRUG
CONSUMER IS NOT CHARGED, THROUGH EITHER A CO-PAY OR DEDUCTIBLE,  A  COST
THAT IS HIGHER THAN THE NEGOTIATED REIMBURSEMENT RATE FOR THE DRUG, LESS
ANY REBATE COLLECTED.
  §  3.  Section  4406-c of the public health law is amended by adding a
new subdivision 9 to read as follows:
   9. NO HEALTH MAINTENANCE ORGANIZATION SHALL REQUIRE  AN  ENROLLEE  TO
PAY  A  COST  HIGHER THAN THE HEALTH MAINTENANCE ORGANIZATION'S OR THEIR
PHARMACY  BENEFIT  MANAGER'S  NEGOTIATED  REIMBURSEMENT   RATE   FOR   A
PRESCRIPTION  DRUG,  LESS ANY REBATES COLLECTED.  ANY CO-PAYMENT CHARGED
UNDER THE CONTRACT SHALL ALSO BE BASED UPON THE  NEGOTIATED  RATE,  LESS
ANY REBATE COLLECTED.
  §  4.  Section  3217-b of the insurance law is amended by adding a new
subsection (k) to read as follows:
  (K) NO INSURER SHALL REQUIRE AN INSURED TO PAY A COST HIGHER THAN  THE
INSURER'S  OR  THEIR PHARMACY BENEFIT MANAGER'S NEGOTIATED REIMBURSEMENT
RATE FOR A PRESCRIPTION DRUG, LESS ANY REBATES COLLECTED. ANY CO-PAYMENT
CHARGED UNDER THE POLICY SHALL ALSO BE BASED UPON THE  NEGOTIATED  RATE,
LESS ANY REBATE COLLECTED.
  §  5.  Section  4325  of  the insurance law is amended by adding a new
subsection (1) to read as follows:
  (1) NO CORPORATION  ORGANIZED  UNDER  THIS  ARTICLE  SHALL  REQUIRE  A
COVERED  PERSON  TO  PAY  A  COST HIGHER THAN THE CORPORATION'S OR THEIR
PHARMACY  BENEFIT  MANAGER'S  NEGOTIATED  REIMBURSEMENT   RATE   FOR   A
PRESCRIPTION  DRUG,  LESS  ANY REBATES COLLECTED. ANY CO-PAYMENT CHARGED
UNDER THE CONTRACT SHALL ALSO BE BASED UPON THE  NEGOTIATED  RATE,  LESS
ANY REBATE COLLECTED.
  §  6.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on or after April 1, 2017.

                                 PART K

                          Intentionally Omitted

                                 PART L

  Section 1. The public health law is amended by adding  a  new  article
29-H to read as follows:
                              ARTICLE 29-H
                  HEALTH CARE REGULATION MODERNIZATION
SECTION 2999-EE. HEALTH CARE REGULATION MODERNIZATION TEAM.
  § 2999-EE. HEALTH CARE REGULATION MODERNIZATION TEAM. 1. A HEALTH CARE
REGULATION  MODERNIZATION  TEAM  IS HEREBY CREATED WITHIN THE DEPARTMENT

S. 2007--A                         115

SOLELY FOR THE PURPOSE OF PROVIDING  ADVICE  TO  THE  GOVERNOR  AND  THE
LEGISLATURE  TO  EVALUATE THE CURRENT STATUTES, POLICIES AND REGULATIONS
THAT GOVERN THE LICENSURE AND OVERSIGHT OF HEALTH  CARE  FACILITIES  AND
HOME CARE.
  2.  DEFINITIONS.  FOR  THE PURPOSE OF THIS ARTICLE, UNLESS THE CONTEXT
CLEARLY REQUIRES OTHERWISE:
  (A) "STATE AGENCY" OR "AGENCY" SHALL MEAN ANY  STATE  AGENCY,  DEPART-
MENT, OFFICE, BOARD, BUREAU, DIVISION, COMMITTEE, COUNCIL OR OFFICE.
  (B) "PUBLIC AUTHORITY" OR "AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR
PUBLIC  BENEFIT  CORPORATION  CREATED  BY OR EXISTING UNDER ANY NEW YORK
STATE LAW, WITH ONE OR MORE OF ITS MEMBERS APPOINTED BY THE GOVERNOR, OR
WHO SERVE AS MEMBERS BY VIRTUE OF HOLDING A CIVIL  OFFICE  OF  NEW  YORK
STATE,  OTHER  THAN  AN  INTERSTATE OR INTERNATIONAL AUTHORITY OR PUBLIC
BENEFIT CORPORATION, AND  INCLUDING  ANY  SUBSIDIARIES  OF  SUCH  PUBLIC
AUTHORITY OR PUBLIC BENEFIT CORPORATION.
  (C)  "STATE  OFFICER  OR  EMPLOYEE"  SHALL  HAVE  THE MEANING GIVEN IN
SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW.
  (D) "PUBLIC HEALTH AND HEALTH PLANNING COUNCIL" SHALL HAVE THE MEANING
GIVEN IN SECTION TWO HUNDRED TWENTY OF THIS CHAPTER.
  3. (A) THE GOVERNOR SHALL APPOINT UP TO TWELVE VOTING MEMBERS  OF  THE
HEALTH  CARE  REGULATION  MODERNIZATION  TEAM. THE MEMBERS OF THE HEALTH
CARE REGULATION MODERNIZATION TEAM  SHALL  INCLUDE:  STATE  OFFICERS  OR
EMPLOYEES  WITH RELEVANT EXPERTISE; THE CHAIR AND CO-CHAIR OF THE PUBLIC
HEALTH AND HEALTH PLANNING COUNCIL; TWO MEMBERS OF THE  NEW  YORK  STATE
ASSEMBLY,  ONE RECOMMENDED BY THE SPEAKER OF THE ASSEMBLY AND ONE RECOM-
MENDED BY THE MINORITY LEADER OF THE ASSEMBLY, OR THEIR REPRESENTATIVES;
TWO MEMBERS OF THE NEW YORK STATE SENATE, ONE RECOMMENDED BY THE  TEMPO-
RARY  PRESIDENT OF THE SENATE AND ONE RECOMMENDED BY THE MINORITY LEADER
OF THE SENATE, OR THEIR REPRESENTATIVES; AND STAKEHOLDERS WITH EXPERTISE
IN THE LICENSURE AND OPERATION OF HEALTH CARE FACILITIES AND HOME CARE.
  (B) VACANCIES SHALL BE FILLED BY THE GOVERNOR AND SUBJECT TO  APPROVAL
BY  THE LEGISLATURE. THE GOVERNOR MAY APPOINT ADDITIONAL VOTING AND NON-
VOTING MEMBERS TO THE  HEALTH  CARE  REGULATION  MODERNIZATION  TEAM  AS
NECESSARY AND WITH LEGISLATIVE APPROVAL.
  (C)  MEMBERS OF THE TEAM SHALL SERVE AT THE PLEASURE OF THE APPOINTING
BODIES.
  (D) THE GOVERNOR SHALL DESIGNATE A CHAIR OR CO-CHAIRS FROM  AMONG  THE
MEMBERS OF THE HEALTH CARE REGULATION MODERNIZATION TEAM.
  (E)  THE  SENATE  AND  ASSEMBLY  SHALL EACH APPOINT A STATE OFFICER OR
EMPLOYEE WITH RELEVANT  EXPERIENCE  AS  CO-EXECUTIVE  DIRECTORS  OF  THE
HEALTH CARE REGULATION MODERNIZATION TEAM.
  (F)  A  MAJORITY  OF  THE  TOTAL MEMBERS OF THE HEALTH CARE REGULATION
MODERNIZATION TEAM WHO HAVE BEEN APPOINTED SHALL  CONSTITUTE  A  QUORUM,
AND ALL RECOMMENDATIONS OF THE HEALTH CARE REGULATION MODERNIZATION TEAM
SHALL REQUIRE APPROVAL OF A MAJORITY OF ITS TOTAL MEMBERS.
  (G)  THE  HEALTH  CARE  REGULATION MODERNIZATION TEAM SHALL ENGAGE AND
SOLICIT THE INPUT OF A BROAD AND DIVERSE RANGE OF GROUPS,  ORGANIZATIONS
AND INDIVIDUALS.
  4.  EVERY  AGENCY  OR  AUTHORITY  OF  NEW YORK STATE SHALL PROVIDE THE
HEALTH CARE REGULATION MODERNIZATION TEAM WITH  ASSISTANCE  AND  COOPER-
ATION  WHICH  MAY  BE  NECESSARY OR DESIRABLE TO FULFILL THE PURPOSES OF
THIS ARTICLE, INCLUDING THE USE OF  NEW  YORK  STATE  FACILITIES.  STAFF
SUPPORT NECESSARY FOR THE CONDUCT OF THE WORK OF THE HEALTH CARE MODERN-
IZATION  TEAM  MAY  BE FURNISHED BY AGENCIES AND AUTHORITIES, SUBJECT TO
THE APPROVAL OF THE BOARDS OF DIRECTORS OF SUCH AUTHORITIES.

S. 2007--A                         116

  5. THE HEALTH CARE REGULATION MODERNIZATION TEAM SHALL DELIBERATE  AND
ENGAGE HEALTH CARE INDUSTRY STAKEHOLDERS FOR THE PURPOSE OF CONDUCTING A
COMPREHENSIVE REVIEW OF AND ADVISING ON MATTERS THAT SHALL INCLUDE:
  (A)  STREAMLINING STATE AGENCY CERTIFICATE OF NEED AND OTHER LICENSURE
OR CONSTRUCTION APPROVAL PROCESSES IN BOTH  STATUTE  AND  REGULATION  TO
SUPPORT  SYSTEM-LEVEL  PLANNING  AND RESTRUCTURING ACTIVITIES, INCLUDING
REVIEWING THE APPLICABILITY OF CURRENT HEALTH CARE SERVICE AND  FACILITY
NEED  METHODOLOGIES IN THE CONTEXT OF ONGOING CHANGES IN THE HEALTH CARE
SYSTEM DELIVERY SYSTEM;
  (B) UNIFORM AND ROUTINE TRAINING FOR CENTRAL AND  REGIONAL  DEPARTMENT
STAFF  PERFORMING  SURVEILLANCE  PURSUANT  TO TITLE XVIII OF THE FEDERAL
SOCIAL SECURITY ACT;
  (C) ESTABLISHING A PROCESS BY WHICH THE DEPARTMENT  SHALL  COMMUNICATE
TO PROVIDERS ANY NEW REGULATORY INTERPRETATIONS, SURVEY METHODS OR POLI-
CIES.  SUCH PROCESS SHALL INCLUDE AN OPPORTUNITY FOR PUBLIC COMMENT, AND
RECOMMENDATIONS ON REASONABLE TIMEFRAMES FOR PROVIDERS  TO  COMPLY  WITH
SUCH INTERPRETATIONS, SURVEY METHODS, OR POLICIES; AND
  (D) IMPLEMENTING ACCOUNTABILITY MECHANISMS FOR DEPARTMENT SURVEILLANCE
STAFF, WHICH SHALL CONSIST OF THE PROVISION OF DATA REGARDING THE NATURE
AND  FREQUENCY  OF  CITATIONS,  INCLUDING GEOGRAPHIC DISTRIBUTION, DEVI-
ATIONS BY A PARTICULAR SURVEYOR, AND THE DEPARTMENT'S  RESPONSE  TO  ANY
ODDITIES OR TRENDS IN SURVEILLANCE METHODS.
  6.  THE  CO-EXECUTIVE  DIRECTORS  SHALL  NOTIFY  STAKEHOLDERS  OF  THE
PURPOSES OF THE HEALTH CARE REGULATION MODERNIZATION TEAM, THE  OPPORTU-
NITIES FOR STAKEHOLDER PARTICIPATION AND THE MEANS AND SCHEDULE FOR SUCH
PARTICIPATION.  MEETINGS  WITH  STAKEHOLDERS  SHALL  BE  HELD IN VARIOUS
REGIONS OF THE STATE. PARTICIPATING  STAKEHOLDERS  MAY  BE  ASSIGNED  TO
SPECIFIC  WORKING  GROUPS,  CONSISTENT WITH THEIR AREAS OF EXPERTISE AND
INTEREST.
  7. THE HEALTH CARE REGULATION MODERNIZATION TEAM  SHALL  COMMENCE  ITS
WORK NO LATER THAN JULY FIRST, TWO THOUSAND SEVENTEEN AND SHALL SUBMIT A
REPORT  TO  THE GOVERNOR OF ITS FINDINGS AND ADVISORY RECOMMENDATIONS NO
LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN. A COPY OF SUCH
REPORT SHALL BE PROVIDED TO THE CHAIR OF THE SENATE HEALTH COMMITTEE AND
THE CHAIR OF THE ASSEMBLY HEALTH COMMITTEE NO LATER THAN DECEMBER  THIR-
TY-FIRST, TWO THOUSAND SEVENTEEN.
  8.  THE  HEALTH CARE REGULATION MODERNIZATION TEAM SHALL TERMINATE ITS
DUTIES AND RESPONSIBILITIES NO LATER  THAN  APRIL  FIRST,  TWO  THOUSAND
EIGHTEEN.
  §  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2017.

                                 PART M

  Section 1. This act shall be known and may be cited as  the  "Emerging
Contaminant Monitoring Act."
  §  2. The public health law is amended by adding a new section 1112 to
read as follows:
  § 1112. EMERGING CONTAMINANT MONITORING. 1. INDUSTRY AND MODERN  TECH-
NOLOGY  HAVE CREATED THOUSANDS OF NEW CHEMICALS THAT WOULD NOT OTHERWISE
EXIST IN NATURE. ALTHOUGH SOME OF THESE CHEMICALS HAVE PROVEN  BENEFITS,
THE  EFFECT  OF  MANY  SUCH  CHEMICALS ON HUMAN HEALTH IS UNKNOWN OR NOT
FULLY UNDERSTOOD. FURTHERMORE, WITH THE ADVANCE OF SCIENCE AND TECHNOLO-
GY, PUBLIC HEALTH SCIENTISTS AND EXPERTS ARE ABLE TO IDENTIFY  NATURALLY
OCCURRING  CONTAMINANTS  THAT  POSE  PREVIOUSLY UNKNOWN HAZARDS TO HUMAN
HEALTH. WHERE THESE CHEMICALS OR CONTAMINANTS, COLLECTIVELY REFERRED  TO

S. 2007--A                         117

AS  "EMERGING  CONTAMINANTS,"  ENTER  DRINKING  WATER SUPPLIES, THEY CAN
PRESENT UNKNOWN BUT POTENTIALLY SERIOUS RISKS TO  PUBLIC  HEALTH.    NEW
YORKERS  SERVED  BY  PUBLIC  WATER  SUPPLIES HAVE THE RIGHT TO KNOW WHEN
POTENTIALLY  HAZARDOUS  SUBSTANCES  CONTAMINATE THEIR DRINKING WATER AND
THE DEPARTMENT MUST BE EQUIPPED TO MONITOR AND PROTECT THE  PUBLIC  FROM
THESE EMERGING CONTAMINANTS.
  2.  A.  "EMERGING CONTAMINANTS" SHALL MEAN ANY SUBSTANCE LISTED ON THE
FEDERAL SAFE DRINKING WATER ACT (42 USC §  300G-1)  UNREGULATED  CONTAM-
INANT  MONITORING  RULE  AS  AMENDED FROM TIME TO TIME AND ANY SUBSTANCE
RECOMMENDED BY THE DRINKING WATER QUALITY INSTITUTE AND ADOPTED  BY  THE
DEPARTMENT AS SET FORTH IN SECTION TWO HUNDRED SIXTY-SEVEN OF THIS CHAP-
TER.
  B.  "NONTRANSIENT NONCOMMUNITY WATER SYSTEM" SHALL MEAN A PUBLIC WATER
SYSTEM THAT IS NOT A COMMUNITY WATER SYSTEM BUT IS A SUBSET OF A NONCOM-
MUNITY WATER SYSTEM THAT REGULARLY SERVES AT LEAST  TWENTY-FIVE  OF  THE
SAME PEOPLE, FOUR HOURS OR MORE PER DAY, FOR FOUR OR MORE DAYS PER WEEK,
FOR TWENTY-SIX OR MORE WEEKS PER YEAR.
  C.  "COVERED  PUBLIC  WATER SYSTEM" SHALL MEAN A COMMUNITY OR NONTRAN-
SIENT NONCOMMUNITY WATER SYSTEM THAT  SERVES  MORE  THAN  FOUR  THOUSAND
INDIVIDUALS.
  D.  "NON-COVERED  PUBLIC  WATER  SYSTEM"  SHALL  MEAN  A  COMMUNITY OR
NONTRANSIENT NONCOMMUNITY WATER SYSTEM THAT SERVES FOUR THOUSAND OR LESS
INDIVIDUALS.
  3. A. EVERY COVERED PUBLIC WATER SYSTEM IN THE STATE SHALL TEST DRINK-
ING WATER FOR THE PRESENCE OF EMERGING CONTAMINANTS AT LEAST ONCE  EVERY
THREE  YEARS.  THE  COMMISSIONER  MAY REQUIRE CERTAIN NON-COVERED PUBLIC
WATER SYSTEMS TO TEST FOR SPECIFIC EMERGING CONTAMINANTS IF  HE  OR  SHE
HAS  A REASONABLE BELIEF THAT SUCH TESTING IS NECESSARY FOR PUBLIC SAFE-
TY.
  B. A NON-COVERED PUBLIC WATER SYSTEM MAY REQUEST THAT  THE  DEPARTMENT
TEST  FOR  AN  EMERGING  CONTAMINANT. IF REQUESTED, THE DEPARTMENT SHALL
CONDUCT SUCH TESTING WITHIN THIRTY DAYS OF THE REQUEST AND  PROVIDE  THE
NON-COVERED  PUBLIC WATER SYSTEM WITH TEST RESULTS WITHIN THIRTY DAYS OF
RECEIPT. TESTING PERFORMED PURSUANT TO THIS PARAGRAPH SHALL  TAKE  PLACE
NO  MORE  OFTEN  THAN  AS  REQUIRED  BY PARAGRAPH A OF THIS SUBDIVISION,
UNLESS THE COMMISSIONER HAS A REASONABLE BELIEF THAT ADDITIONAL  TESTING
IS NECESSARY FOR PUBLIC SAFETY.
  C.  EVERY  TEST  CONDUCTED IN ACCORDANCE WITH THIS SECTION BY OR FOR A
COVERED OR NON-COVERED PUBLIC  WATER  SYSTEM  UNDER  10,000  INDIVIDUALS
SHALL BE FUNDED BY THE STATE SUBJECT TO APPROPRIATION.
  4.  EVERY  TEST  CONDUCTED  IN  ACCORDANCE  WITH THIS SECTION SHALL BE
CONDUCTED BY A  LABORATORY  CERTIFIED  BY  THE  DEPARTMENT  PURSUANT  TO
SECTION FIVE HUNDRED TWO OF THIS CHAPTER. LABORATORIES SHALL SUBMIT SUCH
RESULTS  TO  THE COVERED PUBLIC WATER SYSTEM OR NON-COVERED PUBLIC WATER
SYSTEM AND THE DEPARTMENT ELECTRONICALLY IN THE MANNER PRESCRIBED PURSU-
ANT TO SECTION FIVE HUNDRED TWO OF THIS CHAPTER.
  5. THE COMMISSIONER SHALL PROMULGATE REGULATIONS ESTABLISHING  NOTIFI-
CATION  LEVELS EQUAL TO THE MAXIMUM CONTAMINANT LEVEL, ADVISORY LEVEL OR
OTHER THRESHOLD LEVEL RECOMMENDED BY THE DRINKING WATER  QUALITY  INSTI-
TUTE  ESTABLISHED IN SECTION TWO HUNDRED SIXTY-SEVEN OF THIS CHAPTER. IN
THE INTERIM, OR IN THE ABSENCE OF SUCH RECOMMENDATION  BY  THE  DRINKING
WATER  QUALITY  INSTITUTE,  THE  COMMISSIONER  SHALL  ADOPT ANY EXISTING
FEDERAL ADVISORY OR OTHER THRESHOLD LEVEL AS A NOTIFICATION LEVEL.
  6. THE COMMISSIONER MAY, BY DECLARATION, ADD ANY  PHYSICAL,  CHEMICAL,
MICROBIOLOGICAL  OR  RADIOLOGICAL  SUBSTANCE  TO  THE  LIST  OF EMERGING
CONTAMINANTS ESTABLISHED PURSUANT TO PARAGRAPH A OF SUBDIVISION  TWO  OF

S. 2007--A                         118

THIS  SECTION, WHICH SHALL INCLUDE ESTABLISHMENT OF A NOTIFICATION LEVEL
FOR SUCH SUBSTANCE, IF THE COMMISSIONER DETERMINES THAT  SUCH  SUBSTANCE
POSES OR HAS THE POTENTIAL TO POSE A HAZARD TO HUMAN HEALTH WHEN PRESENT
IN  DRINKING WATER, PROVIDED THAT THE COMMISSIONER MUST PROMULGATE REGU-
LATIONS ADDING  THE  NEW  EMERGING  CONTAMINANT  AND  ESTABLISHING  SUCH
NOTIFICATION LEVEL WITHIN ONE YEAR OF SUCH DECLARATION.
  7.  WHENEVER  A  COVERED  PUBLIC  WATER SYSTEM OR A NON-COVERED PUBLIC
WATER SYSTEM IS ADVISED BY THE LABORATORY OR THE STATE THAT ONE OR  MORE
EMERGING  CONTAMINANTS  IS  PRESENT  IN DRINKING WATER AT CONCENTRATIONS
ABOVE A NOTIFICATION LEVEL ESTABLISHED PURSUANT TO THIS SECTION:
  A. THE COVERED PUBLIC WATER SYSTEM OR NON-COVERED PUBLIC WATER  SYSTEM
SHALL  NOTIFY  THE  STATE  AND ALL OWNERS OF REAL PROPERTY SERVED BY THE
SYSTEM IN A TIME OF NOT MORE THAN TEN DAYS AND MANNER TO  BE  PRESCRIBED
BY  THE DEPARTMENT, TAKING INTO CONSIDERATION ANY NOTIFICATION RECOMMEN-
DATIONS OF THE DRINKING WATER QUALITY INSTITUTE ESTABLISHED  IN  SECTION
TWO HUNDRED SIXTY-SEVEN OF THIS CHAPTER; AND
  B. THE COMMISSIONER SHALL WORK WITH THE COVERED PUBLIC WATER SYSTEM OR
NON-COVERED  PUBLIC  WATER SYSTEM TO REDUCE EXPOSURE TO EMERGING CONTAM-
INANTS IN A TIMELY MANNER AND PROVIDE ASSISTANCE WITH  ACCESSING  AVAIL-
ABLE RESOURCES.
  8.  ANY OWNER OF REAL PROPERTY, INCLUDING ANY OWNER'S AGENT, TO WHOM A
COVERED PUBLIC WATER SYSTEM  OR  NON-COVERED  PUBLIC  WATER  SYSTEM  HAS
PROVIDED  NOTIFICATION  OF THE EXCEEDANCE OF A NOTIFICATION LEVEL ESTAB-
LISHED PURSUANT TO SUBDIVISION FIVE OF  THIS  SECTION,  SHALL  TAKE  ALL
REASONABLE  AND NECESSARY STEPS TO PROVIDE, WITHIN TEN DAYS, ANY TENANTS
WITH COPIES OF THE NOTIFICATION PROVIDED BY THE WATER SYSTEM.
  9. THE COMMISSIONER SHALL PROMULGATE REGULATIONS PURSUANT TO WHICH THE
DEPARTMENT SHALL PROVIDE FINANCIAL ASSISTANCE FOR  COMPLIANCE  WITH  THE
TESTING  REQUIREMENTS OF THIS SECTION TO ANY COVERED PUBLIC WATER SYSTEM
OR NON-COVERED PUBLIC WATER SYSTEM UPON A SHOWING THAT THE COSTS ASSOCI-
ATED WITH TESTING DRINKING WATER IN COMPLIANCE WITH THIS  SECTION  WOULD
IMPOSE A FINANCIAL HARDSHIP.
  §  3.  Section 502 of the public health law is amended by adding a new
subdivision 10 to read as follows:
  10. THE DEPARTMENT MAY REQUIRE AN ENVIRONMENTAL LABORATORY  TO  REPORT
LABORATORY  TEST  RESULTS  TO  THE DEPARTMENT, OR TO ANY FULL-TIME CITY,
TOWN, VILLAGE, COUNTY OR PART-COUNTY HEALTH DEPARTMENT OR  OTHER  APPRO-
PRIATELY  AUTHORIZED  OFFICIAL IN AN ELECTRONIC MANNER PRESCRIBED BY THE
DEPARTMENT.
  § 4. This act shall take effect on the ninetieth day  after  it  shall
have  become  a law; provided, however,  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 date.

                                 PART N

  Section 1. Article 2 of the public health law is amended by  adding  a
new title VII to read as follows:
                                TITLE VII
                         DRINKING WATER QUALITY
                                INSTITUTE
SECTION 267. DRINKING WATER QUALITY INSTITUTE; ESTABLISHED.
  §  267.  DRINKING WATER QUALITY INSTITUTE; ESTABLISHED. 1. THERE SHALL
BE ESTABLISHED, WITHIN THE DEPARTMENT, THE DRINKING WATER QUALITY INSTI-
TUTE. SUCH INSTITUTE SHALL BE COMPOSED OF TEN MEMBERS AS FOLLOWS:

S. 2007--A                         119

  (A) THE COMMISSIONER;
  (B) THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION;
  (C)  THE  DIRECTOR OF THE OFFICE OF WATER RESOURCES WITHIN THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION;
  (D) THE DIRECTOR OF THE CENTER FOR  ENVIRONMENTAL  HEALTH  WITHIN  THE
DEPARTMENT;
  (E) TWO MEMBERS APPOINTED BY THE GOVERNOR;
  (F)  TWO  MEMBERS  APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
AND
  (G) TWO MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
  2. (A) OF THE MEMBERS APPOINTED TO THE DRINKING WATER  QUALITY  INSTI-
TUTE, THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
THE ASSEMBLY SHALL EACH APPOINT:
  (I) ONE MEMBER WHO REPRESENTS WATER PURVEYORS, OF WHICH ONE APPOINTING
AUTHORITY SHALL APPOINT A REPRESENTATIVE OF WATER PURVEYORS WHOSE PRIMA-
RY WATER SOURCE IS AN UNDERGROUND SOURCE OR SOURCES; AND
  (II) ONE MEMBER REPRESENTING THE PUBLIC, WHO HAS A BACKGROUND IN ENVI-
RONMENTAL  HEALTH ISSUES WITH EXPERTISE AND QUALITY AND CONTAMINATION OF
DRINKING WATER AND/OR HEALTH RISKS ASSOCIATED WITH CONTAMINATION.
  (B) THE MEMBERS OF SUCH INSTITUTE  APPOINTED  PURSUANT  TO  PARAGRAPHS
(E), (F) AND (G) OF SUBDIVISION ONE OF THIS SECTION SHALL SERVE TERMS OF
THREE YEARS; PROVIDED, HOWEVER, THAT OF THE INITIAL APPOINTMENTS:
  (I)  THE  WATER  PURVEYOR REPRESENTATIVE APPOINTED BY THE GOVERNOR AND
THE PUBLIC REPRESENTATIVE APPOINTED BY THE SPEAKER OF THE ASSEMBLY SHALL
SERVE INITIAL TERMS OF ONE YEAR;
  (II) THE PUBLIC REPRESENTATIVE APPOINTED BY THE GOVERNOR AND THE WATER
PURVEYOR REPRESENTATIVE APPOINTED BY  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE SHALL SERVE INITIAL TERMS OF TWO YEARS;
  (III)  THE  REMAINING  APPOINTED  MEMBERS SHALL SERVE INITIAL TERMS OF
THREE YEARS.
  (C) THE MEMBERS APPOINTED PURSUANT TO PARAGRAPHS (E), (F) AND  (G)  OF
SUBDIVISION  ONE  OF  THIS  SECTION  SHALL EACH SERVE HIS OR HER TERM OF
OFFICE OR UNTIL HIS OR HER SUCCESSOR IS  APPOINTED;  PROVIDED  THAT  ANY
VACANCY  IN  THE  POSITION OF AN APPOINTED MEMBER SHALL BE FILLED IN THE
SAME MANNER AS THE ORIGINAL APPOINTMENT AND ONLY FOR THE UNEXPIRED  TERM
OF  THE  VACANCY.    PROVIDED, FURTHER, THAT ANY APPOINTED MEMBER OF THE
DRINKING WATER QUALITY INSTITUTE MAY BE REMOVED FOR CAUSE BY HIS OR  HER
APPOINTING AUTHORITY AFTER A PUBLIC HEARING.
  3.  THE  MEMBERS OF THE DRINKING WATER QUALITY INSTITUTE SHALL RECEIVE
NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE  ALLOWED  THEIR  ACTUAL
AND  NECESSARY  EXPENSES  INCURRED  IN  THE  PERFORMANCE OF THEIR DUTIES
PURSUANT TO THIS TITLE.
  4. THE DRINKING WATER QUALITY INSTITUTE SHALL MEET AT SUCH  TIMES  AND
PLACES  AS MAY BE DETERMINED BY ITS CHAIR, WHO SHALL BE ELECTED FROM THE
MEMBERSHIP OF SUCH INSTITUTE BY A MAJORITY OF THE MEMBERS. THE INSTITUTE
SHALL MEET AT A MINIMUM OF BIANNUALLY. A MAJORITY OF THE MEMBERS OF SUCH
INSTITUTE SHALL CONSTITUTE A QUORUM FOR  THE  TRANSACTION  OF  BUSINESS.
ACTION  MAY BE TAKEN, AND MOTIONS AND RESOLUTIONS ADOPTED AT ANY MEETING
BY THE AFFIRMATIVE VOTE OF A MAJORITY OF  THE  FULL  MEMBERSHIP  OF  THE
INSTITUTE.
  5.  THE  INSTITUTE  SHALL ESTABLISH AN ADVISORY COMMITTEE OF COMMUNITY
STAKEHOLDERS INCLUDING BUT NOT LIMITED TO WELL DRILLERS, COMMUNITY WATER
ADVOCATES, AND REPRESENTATIVES OF THE SCIENTIFIC COMMUNITY TO CONSULT AS
IT MAY DEEM NECESSARY.
  6. THE INSTITUTE SHALL MAKE RECOMMENDATIONS TO THE DEPARTMENT RELATING
TO:

S. 2007--A                         120

  (A) DEVELOPING A LIST OF EMERGING CONTAMINANTS,  WHICH  SHALL  INCLUDE
BUT NOT BE LIMITED TO WATERBORNE PATHOGENS SUCH AS LEGIONELLA AND ALGAE,
FOR WHICH TESTING SHALL BE REQUIRED PURSUANT TO SECTION ONE THOUSAND ONE
HUNDRED  TWELVE  OF THIS CHAPTER. IN DEVELOPING SUCH RECOMMENDATION, THE
INSTITUTE  SHALL  INCLUDE  ALL  CONTAMINANTS  ON THE FEDERAL UNREGULATED
CONTAMINANT MONITORING RULES  AND  ANY  ADDITIONAL  CONTAMINANTS  DEEMED
APPROPRIATE BY THE INSTITUTE.
  (I) UPON INCLUSION ON THIS LIST, THE INSTITUTE SHALL RECOMMEND A MAXI-
MUM  CONTAMINANT  LEVEL  (MCL)  OR  OTHER THRESHOLD FOR EACH UNREGULATED
CONTAMINANT, IN NO EVENT SHALL SUCH RECOMMENDED LEVEL BE LESS  STRINGENT
THAN  FEDERAL  STANDARDS, ADVISORIES OR THRESHOLD LEVELS, AND IF FEDERAL
STANDARDS CHANGE AT ANY TIME, THE INSTITUTE SHALL UPDATE THEIR RECOMMEN-
DATION TO THE DEPARTMENT.
  (II) THE INSTITUTE MAY CONSULT THE EPA'S INTEGRATED  RISK  INFORMATION
SYSTEM,  THE  AGENCY  FOR  TOXIC SUBSTANCE AND DISEASE REGISTRY OR OTHER
REPUTABLE SOURCES WHEN DETERMINING MCLS OR OTHER THRESHOLD LEVELS.
  (III) THE INSTITUTE SHALL  RECOMMEND  TIMEFRAMES  AND  FREQUENCIES  IN
WHICH  TESTING  SHOULD  BE  REQUIRED FOR THE CONTAMINANTS PROMULGATED ON
THIS LIST, ALLOWING FOR VARIATION BASED ON THE REGION AND  SIZE  OF  THE
WATER SYSTEM.
  (IV) THE INSTITUTE SHALL PROVIDE THE DEPARTMENT WITH ITS FIRST LIST OF
EMERGING  CONTAMINANTS  AND CORRESPONDING MCLS OR OTHER THRESHOLD LEVELS
FOR WHICH TESTING SHALL BE REQUIRED NO LATER  THAN  ONE  YEAR  FROM  THE
ENACTMENT  OF  THE  INSTITUTE,  THE  INSTITUTE SHALL UPDATE THE LIST AND
RECOMMEND MCLS OR OTHER THRESHOLD LEVELS ANNUALLY THEREAFTER;
  (B) CONDUCTING SCIENTIFIC STUDIES OR  SCIENTIFIC  BASED  RESEARCH,  AS
WELL AS CONDUCTING PUBLIC OUTREACH;
  (C) RECOMMENDING A CLEAR NOTIFICATION PROCESS FOR PUBLIC WATER SYSTEMS
AND  STATE  AGENCIES  DEALING  WITH WATER QUALITY ISSUES, WHEN THERE ARE
ACTUAL OR POTENTIAL EMERGING  CONTAMINANT  THREATS  INCLUDING,  BUT  NOT
LIMITED  TO,  CLEAR  AND CONCISE DOCUMENTS TO BE UTILIZED WHEN NOTIFYING
THE PUBLIC AND USE OF A REVERSE 911 SYSTEM;
  (D) DEVELOPING  APPROPRIATE  TESTING  TECHNIQUES  TO  MEASURE  MAXIMUM
CONTAMINANT LEVELS OR OTHER THRESHOLD LEVELS;
  (E) ENSURING STATE OFFICIALS ARE AWARE OF THE MOST UP-TO-DATE RESEARCH
AND SCIENCE REGARDING WATER QUALITY AND CONTAMINANTS;
  (F)  WORKING  WITH  OTHER STATE AGENCIES AND THE FEDERAL GOVERNMENT TO
ENSURE FUNDS ARE AVAILABLE AND ACCESSIBLE, PARTIES KNOWN TO BE RESPONSI-
BLE FOR THE POLLUTION ARE PURSUED, AND REMEDIATION AND CLEANUP  PROJECTS
OCCUR IN A TIMELY MANNER;
  (G)  THE  DEVELOPMENT  OF EDUCATIONAL MATERIALS REGARDING PRIVATE WELL
WATER TESTING AND WHETHER DISCLOSURE REGARDING SUCH  TESTING  SHOULD  BE
INCLUDED  WITHIN THE PROPERTY CONDITION DISCLOSURE STATEMENT UNDER ARTI-
CLE FOURTEEN OF THE REAL PROPERTY LAW;
  (H) THE FEASIBILITY  OF  CONDUCTING  BIOMONITORING  AND  BIOMONITORING
STUDIES IN AREAS WHERE CONTAMINATED WATER HAS BEEN FOUND;
  (I)  THE  INCLUSION  OF INFORMATION ON THE ONLINE TRACKING AND MAPPING
SYSTEM ESTABLISHED IN SUBDIVISION SEVEN OF SECTION 15-1303 OF THE  ENVI-
RONMENTAL CONSERVATION LAW; AND
  (J)  ANYTHING  ELSE  THE DEPARTMENT OR THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION DESIGNATES.
  7. THE DRINKING WATER QUALITY INSTITUTE SHALL BE ENTITLED  TO  REQUEST
AND  RECEIVE  ASSISTANCE  OR  ACCESS  TO FACILITIES AND RESOURCES OF ANY
STATE, MUNICIPAL DEPARTMENT, BOARD, COMMISSION OR  AGENCY  THAT  MAY  BE
REQUIRED  OR  ARE  DEEMED  NECESSARY FOR THE PURPOSES OF SUCH INSTITUTE,

S. 2007--A                         121

INCLUDING BUT NOT LIMITED TO ALL WATER INFORMATION  AND  ANNUAL  REPORTS
THE DEPARTMENT HAS RELATING TO BOTH PUBLIC AND PRIVATE WATER SUPPLIES.
  8.  THE  DRINKING WATER QUALITY INSTITUTE SHALL REPORT TO THE LEGISLA-
TURE WITHIN ONE YEAR OF THE INITIAL  CONVENING  OF  SUCH  INSTITUTE  AND
ANNUALLY THEREAFTER ON ITS ACTIVITIES AND RECOMMENDATIONS.
  9.  UPON  ANY  RECOMMENDATION OF THE DRINKING WATER QUALITY INSTITUTE,
THE DEPARTMENT SHALL WITHIN NINETY DAYS, PROPOSE REGULATIONS  IMPLEMENT-
ING  THE  INSTITUTE'S  RECOMMENDATIONS.  TO  THE EXTENT THE DEPARTMENT'S
ADOPTED REGULATIONS DIFFER FROM  THE  INSTITUTE'S  RECOMMENDATIONS,  THE
DEPARTMENT  MUST  OFFER  A  WRITTEN,  PUBLIC EXPLANATION AS TO WHY. UPON
ADOPTION, THE DEPARTMENT MUST DISCLOSE THE LIST  REQUIRED  BY  PARAGRAPH
(A) OF SUBDIVISION SIX OF THIS SECTION TO THE PUBLIC.
  § 2. This act shall take effect immediately.

                                 PART O

                          Intentionally Omitted

                                 PART P

  Section  1.  Section  48-a of part A of chapter 56 of the laws of 2013
amending chapter 59 of the laws of 2011 amending the public  health  law
and  other  laws  relating  to general hospital reimbursement for annual
rates relating to the cap on local Medicaid expenditures, as amended  by
section  29  of  part B of chapter 59 of the laws of 2016, is amended to
read as follows:
  § 48-a. 1. Notwithstanding any contrary provision of law, the  commis-
sioners of the office of alcoholism and substance abuse services and the
office  of  mental health are authorized, subject to the approval of the
director of the budget, to transfer to the commissioner of health  state
funds  to  be  utilized as the state share for the purpose of increasing
payments under  the  medicaid  program  to  managed  care  organizations
licensed  under  article 44 of the public health law or under article 43
of the insurance law. Such managed care organizations shall utilize such
funds for the purpose of  reimbursing  providers  licensed  pursuant  to
article  28  of  the public health law or article 31 or 32 of the mental
hygiene law for ambulatory behavioral health services, as determined  by
the  commissioner  of  health,  in consultation with the commissioner of
alcoholism and substance abuse services  and  the  commissioner  of  the
office of mental health, provided to medicaid [eligible] ENROLLED outpa-
tients  AND  FOR  ALL  OTHER BEHAVIORAL HEALTH SERVICES EXCEPT INPATIENT
INCLUDED IN NEW YORK STATE'S MEDICAID REDESIGN WAIVER  APPROVED  BY  THE
CENTERS  FOR  MEDICARE  AND MEDICAID SERVICES (CMS).  Such reimbursement
shall be in the form of fees for such services which are  equivalent  to
the  payments established for such services under the ambulatory patient
group (APG) rate-setting methodology as utilized by  the  department  of
health,  the  office  of alcoholism and substance abuse services, or the
office of mental health for rate-setting  purposes;  provided,  however,
that  the increase to such fees that shall result from the provisions of
this section shall not, in  the  aggregate  and  as  determined  by  the
commissioner  of  health, in consultation with the commissioner of alco-
holism and substance abuse services and the commissioner of  the  office
of  mental  health,  be  greater than the increased funds made available
pursuant to this section.  The increase of  such  ambulatory  behavioral
health  fees  to providers available under this section shall be for all

S. 2007--A                         122

rate periods on and after the effective date of section [1] 29  of  part
[C]  B  of  chapter [57] 59 of the laws of [2015] 2016 through March 31,
[2018] 2020 for patients in the city of New York, for all  rate  periods
on and after the effective date of section [1] 29 of part [C] B of chap-
ter [57] 59 of the laws of [2015] 2016 through [June 30, 2018] MARCH 31,
2020 for patients outside the city of New York, and for all rate periods
on  and after the effective date of such chapter through [June 30, 2018]
MARCH 31, 2020 for all services provided to persons  under  the  age  of
twenty-one;  provided, however, eligible providers may work with managed
care plans to achieve quality and efficiency objectives  and  engage  in
shared  savings.  Nothing  in  this  section shall prohibit managed care
organizations and providers from negotiating different rates and methods
of payment during such periods described above, subject to the  approval
of the department of health. The department of health shall consult with
the  office of alcoholism and substance abuse services and the office of
mental health in determining whether such  alternative  rates  shall  be
approved.  The  commissioner  of  health  may,  in consultation with the
commissioner of alcoholism and substance abuse services and the  commis-
sioner of the office of mental health, promulgate regulations, including
emergency  regulations promulgated prior to October 1, 2015 to establish
rates for ambulatory behavioral health services,  as  are  necessary  to
implement  the  provisions of this section. Rates promulgated under this
section shall be included in the report required under section  45-c  of
part A of this chapter.
  2.  Notwithstanding  any  contrary  provision of law, the fees paid by
managed care organizations licensed  under  article  44  of  the  public
health  law  or  under  article  43  of  the insurance law, to providers
licensed pursuant to article 28 of the public health law or  article  31
or  32  of  the  mental  hygiene  law,  for ambulatory behavioral health
services provided to patients enrolled in  the  child  health  insurance
program  pursuant to title one-A of article 25 of the public health law,
shall be in the form of fees for such services which are  equivalent  to
the  payments established for such services under the ambulatory patient
group (APG) rate-setting methodology. The commissioner of  health  shall
consult with the commissioner of alcoholism and substance abuse services
and  the commissioner of the office of mental health in determining such
services and establishing such fees. Such ambulatory  behavioral  health
fees  to  providers  available  under this section shall be for all rate
periods on and after the effective date of this  chapter  through  [June
30, 2018] MARCH 31, 2020, provided, however, that managed care organiza-
tions and providers may negotiate different rates and methods of payment
during  such  periods  described  above,  subject to the approval of the
department of health.  The department of health shall consult  with  the
office  of  alcoholism  and  substance  abuse services and the office of
mental health in determining whether such  alternative  rates  shall  be
approved.    The report required under section 16-a of part C of chapter
60 of the laws of 2014 shall also include  the  population  of  patients
enrolled  in  the child health insurance program pursuant to title one-A
of article 25 of the public health law in its examination on the transi-
tion of behavioral health services into managed care.
  § 2. Section 1 of part H of chapter 111 of the laws of  2010  relating
to increasing Medicaid payments to providers through managed care organ-
izations  and  providing  equivalent  fees through an ambulatory patient
group methodology, as amended by section 30 of part B of chapter  59  of
the laws of 2016, is amended to read as follows:

S. 2007--A                         123

  Section  1.  a.    Notwithstanding  any contrary provision of law, the
commissioners of  mental  health  and  alcoholism  and  substance  abuse
services  are authorized, subject to the approval of the director of the
budget, to transfer to the commissioner of  health  state  funds  to  be
utilized as the state share for the purpose of increasing payments under
the  medicaid program to managed care organizations licensed under arti-
cle 44 of the public health law or under article  43  of  the  insurance
law.  Such  managed  care organizations shall utilize such funds for the
purpose of reimbursing providers licensed pursuant to article 28 of  the
public health law, or pursuant to article 31 or article 32 of the mental
hygiene  law for ambulatory behavioral health services, as determined by
the commissioner of health in  consultation  with  the  commissioner  of
mental  health  and  commissioner  of  alcoholism  and  substance  abuse
services, provided to medicaid [eligible] ENROLLED outpatients  AND  FOR
ALL  OTHER  BEHAVIORAL  HEALTH SERVICES EXCEPT INPATIENT INCLUDED IN NEW
YORK STATE'S MEDICAID REDESIGN WAIVER APPROVED BY THE CENTERS FOR  MEDI-
CARE  AND  MEDICAID SERVICES (CMS).   Such reimbursement shall be in the
form of fees for such services which  are  equivalent  to  the  payments
established  for  such services under the ambulatory patient group (APG)
rate-setting methodology as utilized by the department of health  or  by
the  office of mental health or office of alcoholism and substance abuse
services for rate-setting purposes; provided, however, that the increase
to such fees that shall result from the provisions of this section shall
not, in the aggregate and as determined by the commissioner of health in
consultation with the commissioners of mental health and alcoholism  and
substance  abuse  services,  be  greater  than  the increased funds made
available pursuant to this section.  The  increase  of  such  behavioral
health  fees  to providers available under this section shall be for all
rate periods on and after the effective date of section [2] 30  of  part
[C]  B  of  chapter [57] 59 of the laws of [2015] 2016 through March 31,
[2018] 2020 for patients in the city of New York, for all  rate  periods
on and after the effective date of section [2] 30 of part [C] B of chap-
ter [57] 59 of the laws of [2015] 2016 through [June 30, 2018] MARCH 31,
2020 for patients outside the city of New York, and for all rate periods
on and after the effective date of section [2] 30 of part [C] B of chap-
ter [57] 59 of the laws of [2015] 2016 through [June 30, 2018] MARCH 31,
2020  for  all services provided to persons under the age of twenty-one;
provided, however, eligible providers may work with managed  care  plans
to  achieve  quality  and  efficiency  objectives  and  engage in shared
savings.  Nothing in this section shall prohibit managed care  organiza-
tions  and  providers  from  negotiating  different rates and methods of
payment during such periods described, subject to the  approval  of  the
department  of  health.  The department of health shall consult with the
office of alcoholism and substance abuse  services  and  the  office  of
mental  health  in  determining  whether such alternative rates shall be
approved. The commissioner of  health  may,  in  consultation  with  the
commissioners  of  mental  health  and  alcoholism  and  substance abuse
services,  promulgate  regulations,  including   emergency   regulations
promulgated prior to October 1, 2013 that establish rates for behavioral
health  services,  as  are necessary to implement the provisions of this
section. Rates promulgated under this section shall be included  in  the
report  required  under section 45-c of part A of chapter 56 of the laws
of 2013.
  b. Notwithstanding any contrary provision of law,  the  fees  paid  by
managed  care  organizations  licensed  under  article  44 of the public
health law or under article  43  of  the  insurance  law,  to  providers

S. 2007--A                         124

licensed  pursuant  to article 28 of the public health law or article 31
or 32 of the  mental  hygiene  law,  for  ambulatory  behavioral  health
services  provided  to  patients  enrolled in the child health insurance
program  pursuant to title one-A of article 25 of the public health law,
shall be in the form of fees for such services which are  equivalent  to
the  payments established for such services under the ambulatory patient
group (APG) rate-setting methodology. The commissioner of  health  shall
consult with the commissioner of alcoholism and substance abuse services
and  the commissioner of the office of mental health in determining such
services and establishing such fees. Such ambulatory  behavioral  health
fees  to  providers  available  under this section shall be for all rate
periods on and after the effective date of this  chapter  through  [June
30, 2018] MARCH 31, 2020, provided, however, that managed care organiza-
tions and providers may negotiate different rates and methods of payment
during  such  periods  described  above,  subject to the approval of the
department of health. The department of health shall  consult  with  the
office  of  alcoholism  and  substance  abuse services and the office of
mental health in determining whether such  alternative  rates  shall  be
approved.    The report required under section 16-a of part C of chapter
60 of the laws of 2014 shall also include  the  population  of  patients
enrolled  in  the child health insurance program pursuant to title one-A
of article 25 of the public health law in its examination on the transi-
tion of behavioral health services into managed care.
  § 3. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2017; provided,
however,  that the amendments to section 48-a of part A of chapter 56 of
the laws of 2013 made by section one of this act shall  not  affect  the
repeal  of such section and shall be deemed repealed therewith; provided
further, that the amendments to section 1 of part H of  chapter  111  of
the  laws  of  2010 made by section two of this act shall not affect the
expiration of such section and shall be deemed to expire therewith.

                                 PART Q

  Section 1. Subdivisions 3-b and 3-c of section 1 and section 4 of part
C of chapter 57 of the laws of 2006, relating to establishing a cost  of
living  adjustment for designated human services programs, as amended by
section 1 of part I of chapter 60 of the laws of 2014,  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, the commissioners shall not include a COLA for
the purpose of establishing rates of payments, contracts  or  any  other
form of reimbursement.
  3-c.  Notwithstanding  any  inconsistent  provision  of law, beginning
April 1, [2016] 2018 and ending March 31, [2019] 2021, 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.
  § 4. This act shall take effect immediately and  shall  be  deemed  to
have  been in full force and effect on and after April 1, 2006; provided
section one of this act shall expire and be  deemed  repealed  April  1,

S. 2007--A                         125

[2019]  2021; provided, further, that sections two and three of this act
shall expire and be deemed repealed December 31, 2009.
  §  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2017; provided,
however, that the amendments to 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, made
by section one of this act, shall not affect the repeal of such subdivi-
sions and shall be deemed repealed therewith.

                                 PART R

  Section 1. Subdivision (c) of section 7.17 of the mental hygiene  law,
as  added  by  chapter  978  of  the laws of 1977, is amended to read as
follows:
  (c) The commissioner shall establish the  areas  which  each  facility
under  his jurisdiction shall serve and the categories of patients which
each such facility shall receive, retain, or treat;  PROVIDED,  HOWEVER,
THAT  THE  WESTERN NEW YORK CHILDREN'S PSYCHIATRIC CENTER SHALL BE MAIN-
TAINED IN ERIE COUNTY AS A SEPARATE AND DISTINCT ENTITY  BOTH  ORGANIZA-
TIONALLY AND PHYSICALLY WITHIN THE OFFICE AND SHALL NOT BE COLLOCATED OR
MERGED WITH ANY OTHER FACILITY.
  § 2. This act shall take effect immediately.

                                 PART S

  Section 1. (a) The commissioner of the office for people with develop-
mental  disabilities  shall establish the care demonstration program, to
utilize the state workforce to provide community based care to  individ-
uals with developmental disabilities.
  (b) The services provided by these pilots shall include, but shall not
be limited to:
  (i) community habilitation;
  (ii) in-home respite;
  (iii) pathways to employment;
  (iv) supported employment (SEMP); and
  (v) community prevocational services.
  § 2. The office for people with developmental disabilities shall moni-
tor  the  quality  and  effectiveness of the demonstration programs, and
shall report such results to the governor, the  temporary  president  of
the  senate, and the speaker of the assembly, no later than December 31,
2020.
  § 3. The commissioner of the office for people with disabilities shall
promulgate  all  rules  and  regulations  necessary  to  implement   the
provisions of this section.
  §  4.  This  act shall take effect immediately and shall expire and be
deemed repealed March 31, 2021; provided however,  that  all  rules  and
regulations necessary for the implementation of this act shall have been
promulgated prior to such effective date.

                                 PART T

  Section  1.  Subdivision 8 of section 1399-n of the public health law,
as amended by chapter 13 of the laws of  2003,  is  amended  and  a  new
subdivision 9 is added to read as follows:

S. 2007--A                         126

  8.  "Smoking" means the burning of a lighted cigar, cigarette, pipe or
any other matter or substance which contains tobacco, THE BURNING OF  AN
HERBAL CIGARETTE, OR THE USE OF A VAPOR PRODUCT.
  9.  "VAPOR PRODUCT" MEANS ANY NONCOMBUSTIBLE LIQUID OR GEL, REGARDLESS
OF THE PRESENCE  OF  NICOTINE  THEREIN,  THAT  IS  MANUFACTURED  INTO  A
FINISHED  PRODUCT  FOR USE IN AN ELECTRONIC CIGARETTE, ELECTRONIC CIGAR,
ELECTRONIC CIGARILLO, ELECTRONIC PIPE, VAPING PEN, HOOKAH PEN  OR  OTHER
SIMILAR  DEVICE.  "VAPOR PRODUCT" SHALL NOT INCLUDE ANY PRODUCT APPROVED
BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION AS A DRUG  OR  MEDICAL
DEVICE,  OR  APPROVED  FOR  USE PURSUANT TO SECTION THREE THOUSAND THREE
HUNDRED SIXTY-TWO OF THIS CHAPTER.
  § 2. The article heading of article 13-F of the public health law,  as
amended  by  chapter  448  of  the  laws  of 2012, is amended to read as
follows:
     REGULATION OF TOBACCO PRODUCTS, HERBAL CIGARETTES AND [SMOKING
          PARAPHERNALIA] VAPOR PRODUCTS; DISTRIBUTION TO MINORS
  § 3. Subdivisions 5, 8, and 13 of section 1399-aa of the public health
law, subdivision 5 as amended by chapter 152 of the laws of 2004, subdi-
vision 8 as added by chapter 13 of the laws of 2003, and subdivision  13
as  amended  by  chapter 542 of the laws of 2014, are amended to read as
follows:
  5. "Tobacco products" means one or more cigarettes or  cigars,  bidis,
chewing  tobacco,  powdered tobacco, SHISHA, nicotine water or any other
PRODUCT CONTAINING OR DERIVED FROM tobacco [products].
  8. "Tobacco business" means a sole proprietorship, corporation, limit-
ed liability company, partnership  or  other  enterprise  in  which  the
primary  activity  is  the  sale,  manufacture  or promotion of tobacco,
tobacco products, VAPOR PRODUCTS, and accessories, either  at  wholesale
or  retail,  and  in  which  the sale, manufacture or promotion of other
products is merely incidental.
  13. ["Electronic  cigarette"  or  "e-cigarette"  means  an  electronic
device  that  delivers vapor which is inhaled by an individual user, and
shall include any refill, cartridge and any other component  of  such  a
device.] "VAPOR PRODUCT" MEANS ANY NONCOMBUSTIBLE LIQUID OR GEL, REGARD-
LESS  OF  THE  PRESENCE OF NICOTINE THEREIN, THAT IS MANUFACTURED INTO A
FINISHED PRODUCT FOR USE IN AN ELECTRONIC CIGARETTE,  ELECTRONIC  CIGAR,
ELECTRONIC  CIGARILLO,  ELECTRONIC PIPE, VAPING PEN, HOOKAH PEN OR OTHER
SIMILAR DEVICE. "VAPOR PRODUCT" SHALL NOT INCLUDE ANY  PRODUCT  APPROVED
BY  THE  UNITED STATES FOOD AND DRUG ADMINISTRATION AS A DRUG OR MEDICAL
DEVICE, OR APPROVED FOR USE PURSUANT TO  SECTION  THREE  THOUSAND  THREE
HUNDRED SIXTY-TWO OF THIS CHAPTER.
  §  4.  Section 1399-bb of the public health law, as amended by chapter
508 of the laws of 2000, subdivision 2 as amended by chapter 13  of  the
laws of 2003, is amended to read as follows:
  §  1399-bb.  Distribution of tobacco products [or], herbal cigarettes,
OR VAPOR PRODUCTS without charge. 1. No person engaged in  the  business
of selling or otherwise distributing tobacco products [or], herbal ciga-
rettes,  OR  VAPOR  PRODUCTS  for  commercial  purposes, or any agent or
employee of such person, shall knowingly, in furtherance of  such  busi-
ness:
  (a)  distribute without charge any tobacco products [or], herbal ciga-
rettes, OR VAPOR PRODUCTS to any individual, provided that the  distrib-
ution  of a package containing tobacco products [or], herbal cigarettes,
OR VAPOR PRODUCTS in violation of this subdivision  shall  constitute  a
single  violation  without regard to the number of items in the package;
or

S. 2007--A                         127

  (b) distribute coupons which are redeemable for tobacco products [or],
herbal cigarettes, OR VAPOR PRODUCTS to any  individual,  provided  that
this  subdivision  shall  not  apply to coupons contained in newspapers,
magazines or other types of publications, coupons obtained  through  the
purchase  of tobacco products [or], herbal cigarettes, OR VAPOR PRODUCTS
or obtained at locations which sell tobacco products [or], herbal  ciga-
rettes, OR VAPOR PRODUCTS provided that such distribution is confined to
a designated area or to coupons sent through the mail.
  2. The prohibitions contained in subdivision one of this section shall
not apply to the following locations:
  (a)  private  social functions when seating arrangements are under the
control of the sponsor of the function  and  not  the  owner,  operator,
manager or person in charge of such indoor area;
  (b)  conventions  and  trade  shows; provided that the distribution is
confined to designated areas generally accessible only to  persons  over
the age of eighteen;
  (c) events sponsored by tobacco [or], herbal cigarette, OR VAPOR PROD-
UCT  manufacturers  provided that the distribution is confined to desig-
nated areas generally accessible only to persons over the age  of  eigh-
teen;
  (d)  bars  as  defined  in subdivision one of section thirteen hundred
ninety-nine-n of this chapter;
  (e) tobacco businesses as defined  in  subdivision  eight  of  section
thirteen hundred ninety-nine-aa of this article;
  (f)  factories  as  defined  in  subdivision  nine of section thirteen
hundred ninety-nine-aa of this article and construction sites;  provided
that the distribution is confined to designated areas generally accessi-
ble only to persons over the age of eighteen.
  3.   No   person   shall  distribute  tobacco  products  [or],  herbal
cigarettes, OR VAPOR PRODUCTS at the locations set forth  in  paragraphs
(b),  (c)  and (f) of subdivision two of this section unless such person
gives five days written notice to the enforcement officer.
  4. The distribution of tobacco products [or],  herbal  cigarettes,  OR
VAPOR PRODUCTS pursuant to subdivision two of this section shall be made
only  to  an individual who demonstrates, through (A) a driver's license
or [other photographic] NON-DRIVER'S identification card  issued  by  [a
government  entity or educational institution] THE COMMISSIONER OF MOTOR
VEHICLES, THE FEDERAL GOVERNMENT, ANY UNITED STATES  TERRITORY,  COMMON-
WEALTH OR POSSESSION, THE DISTRICT OF COLUMBIA, A STATE GOVERNMENT WITH-
IN THE UNITED STATES OR A PROVINCIAL GOVERNMENT OF THE DOMINION OF CANA-
DA,  OR  (B)  A VALID PASSPORT ISSUED BY THE UNITED STATES GOVERNMENT OR
ANY OTHER COUNTRY, OR (C) AN IDENTIFICATION CARD  ISSUED  BY  THE  ARMED
FORCES  OF THE UNITED STATES, indicating that the individual is at least
eighteen years of age. Such identification need not be required  of  any
individual  who  reasonably  appears to be at least twenty-five years of
age; provided, however, that such  appearance  shall  not  constitute  a
defense  in  any proceeding alleging the sale of a tobacco product [or],
herbal cigarette, OR VAPOR PRODUCTS to an individual.
  § 5. The section heading and subdivision 1 of section 1399-cc  of  the
public  health  law,  as  amended by chapter 542 of the laws of 2014, is
amended to read as follows:
  Sale of tobacco products, herbal cigarettes, [liquid nicotine, shisha,
rolling papers]  VAPOR  PRODUCTS  or  smoking  paraphernalia  to  minors
prohibited.
  1. As used in this section:

S. 2007--A                         128

  (a)  "A  device  capable  of  deciphering  any electronically readable
format" or "device" shall mean any commercial device or  combination  of
devices  used at a point of sale or entry that is capable of reading the
information encoded on the bar code or  magnetic  strip  of  a  driver's
license  or  non-driver  identification card issued by the state commis-
sioner of motor vehicles;
  (b) "Card holder" means any person presenting a  driver's  license  or
non-driver identification card to a licensee, or to the agent or employ-
ee of such licensee under this chapter;
  (c)  "Smoking paraphernalia" means any pipe, water pipe, hookah, roll-
ing papers, vaporizer  or  any  other  device,  equipment  or  apparatus
designed for the inhalation of tobacco;
  (d)  "Transaction  scan"  means the process involving an automated bar
code reader by which a licensee, or agent  or  employee  of  a  licensee
under  this chapter reviews a driver's license or non-driver identifica-
tion card presented as a precondition for  the  purchase  of  a  tobacco
product  or  herbal  cigarettes  pursuant  to  subdivision three of this
section; and
  (e) ["Liquid nicotine", "electronic  liquid"  or  "e-liquid"  means  a
liquid  composed of nicotine and other chemicals, and which is sold as a
product that may be used in an  electronic  cigarette]  "VAPOR  PRODUCT"
MEANS  ANY  NONCOMBUSTIBLE  LIQUID OR GEL, REGARDLESS OF THE PRESENCE OF
NICOTINE THEREIN, THAT IS MANUFACTURED INTO A FINISHED PRODUCT  FOR  USE
IN  AN  ELECTRONIC  CIGARETTE,  ELECTRONIC  CIGAR, ELECTRONIC CIGARILLO,
ELECTRONIC PIPE, VAPING PEN, HOOKAH PEN OR OTHER SIMILAR DEVICE.  "VAPOR
PRODUCT"  SHALL  NOT  INCLUDE  ANY PRODUCT APPROVED BY THE UNITED STATES
FOOD AND DRUG ADMINISTRATION AS A DRUG OR MEDICAL  DEVICE,  OR  APPROVED
FOR  USE  PURSUANT  TO SECTION THREE THOUSAND THREE HUNDRED SIXTY-TWO OF
THIS CHAPTER.
  § 6. Subdivisions 2, 3, 4, and 7 of  section  1399-cc  of  the  public
health law, as amended by chapter 542 of the laws of 2014 are amended to
read as follows:
  2.  Any person operating a place of business wherein tobacco products,
herbal cigarettes, [liquid nicotine, shisha] or [electronic  cigarettes]
VAPOR  PRODUCTS, are sold or offered for sale is prohibited from selling
such products, herbal cigarettes, [liquid nicotine,  shisha,  electronic
cigarettes] VAPOR PRODUCTS or smoking paraphernalia to individuals under
eighteen years of age, and shall post in a conspicuous place a sign upon
which  there  shall be imprinted the following statement, "SALE OF CIGA-
RETTES, CIGARS, [CHEWING TOBACCO, POWDERED  TOBACCO,]  SHISHA  OR  OTHER
TOBACCO  PRODUCTS, HERBAL CIGARETTES, [LIQUID NICOTINE, ELECTRONIC CIGA-
RETTES] VAPOR PRODUCTS, [ROLLING PAPERS] OR  SMOKING  PARAPHERNALIA,  TO
PERSONS  UNDER  EIGHTEEN  YEARS  OF AGE IS PROHIBITED BY LAW." Such sign
shall be printed on a white card in red letters at least  one-half  inch
in height.
  3.  Sale  of  tobacco  products,  herbal cigarettes, [liquid nicotine,
shisha] or [electronic cigarettes] VAPOR PRODUCTS in such places,  other
than  by  a  vending  machine,  shall  be made only to an individual who
demonstrates, through (a) a valid driver's license or non-driver's iden-
tification card issued by the commissioner of motor vehicles, the feder-
al government, any United States territory, commonwealth or  possession,
the District of Columbia, a state government within the United States or
a  provincial government of the dominion of Canada, or (b) a valid pass-
port issued by the United States government or any other country, or (c)
an identification card issued by the armed forces of the United  States,
indicating  that  the individual is at least eighteen years of age. Such

S. 2007--A                         129

identification need not be required of  any  individual  who  reasonably
appears to be at least twenty-five years of age, provided, however, that
such  appearance shall not constitute a defense in any proceeding alleg-
ing  the sale of a tobacco product, herbal cigarettes, [liquid nicotine,
shisha] or [electronic cigarettes] VAPOR PRODUCTS to an individual under
eighteen years of age.
  4. (a) Any person  operating  a  place  of  business  wherein  tobacco
products,  herbal  cigarettes,  [liquid nicotine, shisha] or [electronic
cigarettes] VAPOR PRODUCTS are sold or offered for sale  may  perform  a
transaction scan as a precondition for such purchases.
  (b)  In  any  instance  where the information deciphered by the trans-
action scan fails to match  the  information  printed  on  the  driver's
license  or  non-driver  identification card, or if the transaction scan
indicates that the information is false  or  fraudulent,  the  attempted
transaction shall be denied.
  (c)  In  any  proceeding  pursuant to section thirteen hundred ninety-
nine-ee of this article, it shall be an affirmative  defense  that  such
person had produced a driver's license or non-driver identification card
apparently  issued by a governmental entity, successfully completed that
transaction scan, and that the tobacco product,  herbal  cigarettes  [or
liquid nicotine], OR VAPOR PRODUCTS had been sold, delivered or given to
such  person  in reasonable reliance upon such identification and trans-
action scan. In evaluating the applicability of such affirmative defense
the commissioner  shall  take  into  consideration  any  written  policy
adopted  and  implemented  by the seller to effectuate the provisions of
this chapter. Use of a transaction scan  shall  not  excuse  any  person
operating  a  place  of  business wherein tobacco products, herbal ciga-
rettes, [liquid  nicotine,  shisha]  or  [electronic  cigarettes]  VAPOR
PRODUCTS  are  sold,  or  the agent or employee of such person, from the
exercise of reasonable diligence otherwise  required  by  this  chapter.
Notwithstanding the above provisions, any such affirmative defense shall
not  be  applicable in any civil or criminal proceeding, or in any other
forum.
  7. No person operating a place of business wherein  tobacco  products,
herbal  cigarettes, [liquid nicotine, shisha] or [electronic cigarettes]
VAPOR PRODUCTS are sold or offered for sale shall  sell,  permit  to  be
sold,  offer  for  sale  or display for sale any tobacco product, herbal
cigarettes, [liquid nicotine, shisha] or [electronic  cigarettes]  VAPOR
PRODUCTS  in  any manner, unless such products and cigarettes are stored
for sale (a) behind a counter in an area accessible only to the  person-
nel  of  such business, or (b) in a locked container; provided, however,
such restriction shall not apply to tobacco businesses,  as  defined  in
subdivision  eight  of  section  thirteen hundred ninety-nine-aa of this
article, and to places to which admission is restricted to persons eigh-
teen years of age or older.
  § 7. Section 1399-dd of the public health law, as amended  by  chapter
448 of the laws of 2012, is amended to read as follows:
  §  1399-dd. Sale of tobacco products, herbal cigarettes or [electronic
cigarettes] VAPOR PRODUCTS in vending machines.  No person, firm,  part-
nership,  company  or  corporation shall operate a vending machine which
dispenses tobacco products, herbal cigarettes or [electronic cigarettes]
VAPOR PRODUCTS unless such machine is located: (a) in a bar  as  defined
in  subdivision  one  of  section thirteen hundred ninety-nine-n of this
chapter, or the bar area of a food service establishment with  a  valid,
on-premises full liquor license; (b) in a private club; (c) in a tobacco
business  as  defined  in  subdivision eight of section thirteen hundred

S. 2007--A                         130

ninety-nine-aa of this article; or (d) in a place  of  employment  which
has  an  insignificant  portion  of  its  regular workforce comprised of
people under the age of eighteen years and only in such  locations  that
are  not  accessible  to  the general public; provided, however, that in
such locations the vending machine is located in plain  view  and  under
the  direct  supervision  and  control  of  the  person in charge of the
location or his or her designated agent or employee.
  § 8. Subdivision 2 of section 1399-ee of the  public  health  law,  as
amended  by  chapter  162  of  the  laws  of 2002, is amended to read as
follows:
  2. If the enforcement  officer  determines  after  a  hearing  that  a
violation  of  this article has occurred, he or she shall impose a civil
penalty of a minimum of three hundred dollars, but  not  to  exceed  one
thousand  dollars  for  a first violation, and a minimum of five hundred
dollars, but not to exceed one thousand five hundred  dollars  for  each
subsequent  violation,  unless a different penalty is otherwise provided
in this article. The enforcement officer shall advise the retail  dealer
that  upon  the  accumulation  of  three or more points pursuant to this
section the department of taxation and finance shall suspend  the  deal-
er's registration. If the enforcement officer determines after a hearing
that  a  retail  dealer  was  selling tobacco products OR VAPOR PRODUCTS
while their registration was suspended or permanently  revoked  pursuant
to  subdivision  three or four of this section, he or she shall impose a
civil penalty of twenty-five hundred dollars.
  Section 8-a. Paragraph (a) of subdivision 3 of section 1399-ee of  the
public  health  law,  as  amended by chapter 162 of the laws of 2002, is
amended to read as follows:
  (a) Imposition of points. If the enforcement officer determines, after
a hearing, that the retail dealer  violated  subdivision  [one]  TWO  of
section  thirteen hundred ninety-nine-cc of this article with respect to
a prohibited sale to a minor, he or she shall, in addition  to  imposing
any other penalty required or permitted pursuant to this section, assign
two  points  to  the  retail  dealer's  record  where the individual who
committed the violation did not hold a certificate of completion from  a
state  certified  tobacco sales training program and one point where the
retail dealer demonstrates that the person who committed  the  violation
held  a  certificate  of completion from a state certified tobacco sales
training program.
  § 9. Subdivision 1 of section 1399-ff of the  public  health  law,  as
amended  by  chapter  448  of  the  laws  of 2012, is amended to read as
follows:
  1. Where a civil penalty  for  a  particular  incident  has  not  been
imposed  or  an  enforcement action regarding an alleged violation for a
particular incident is not pending under section thirteen hundred  nine-
ty-nine-ee  of  this  article,  a  parent or guardian of a minor to whom
tobacco products, herbal cigarettes  or  [electronic  cigarettes]  VAPOR
PRODUCTS are sold or distributed in violation of this article may submit
a complaint to an enforcement officer setting forth the name and address
of the alleged violator, the date of the alleged violation, the name and
address of the complainant and the minor, and a brief statement describ-
ing  the  alleged  violation.  The  enforcement officer shall notify the
alleged  violator  by  certified  or  registered  mail,  return  receipt
requested, that a complaint has been submitted, and shall set a date, at
least  fifteen  days  after the mailing of such notice, for a hearing on
the complaint. Such notice shall contain the  information  submitted  by
the complainant.

S. 2007--A                         131

  §  10.  Section  1399-hh of the public health law, as added by chapter
433 of the laws of 1997, is amended to read as follows:
  §  1399-hh.  Tobacco  AND VAPOR PRODUCTS enforcement. The commissioner
shall develop, plan and implement a comprehensive program to reduce  the
prevalence of tobacco AND VAPOR PRODUCTS use, particularly among persons
less  than eighteen years of age. This program shall include, but not be
limited to, support for enforcement of article thirteen-F of this  chap-
ter.
  1.  An  enforcement  officer,  as  defined in section thirteen hundred
ninety-nine-t of this chapter, may annually, on such dates as  shall  be
fixed  by the commissioner, submit an application for such monies as are
made available for such purpose. Such application shall be in such  form
as  prescribed by the commissioner and shall include, but not be limited
to, plans regarding random spot checks, including the number  and  types
of  compliance  checks  that  will be conducted, and other activities to
determine compliance with this article. Each such plan shall include  an
agreement  to  report  to the commissioner:   the names and addresses of
tobacco retailers and vendors determined to be unlicensed, if  any;  the
number  of complaints filed against licensed tobacco retail outlets; and
the names of tobacco retailers and vendors who have paid fines, or  have
been otherwise penalized, due to enforcement actions.
  2. The commissioner shall distribute such monies as are made available
for  such purpose to enforcement officers and, in so doing, consider the
number of retail locations registered to sell  tobacco  products  within
the  jurisdiction  of  the enforcement officer and the level of proposed
activities.
  3. Monies made available to  enforcement  officers  pursuant  to  this
section shall only be used for local tobacco, HERBAL CIGARETTE AND VAPOR
PRODUCTS enforcement activities approved by the commissioner.
  §  11.  The  public  health  law  is  amended  by adding a new section
1399-mm-1 to read as follows:
  § 1399-MM-1. VAPOR PRODUCTS; CHILD-RESISTANT CONTAINERS REQUIRED.   NO
PERSON  ENGAGED  IN  THE BUSINESS OF MANUFACTURING, SELLING OR OTHERWISE
DISTRIBUTING VAPOR PRODUCTS, MAY SELL ANY COMPONENT OF SUCH SYSTEMS THAT
CONTAINS NICOTINE, INCLUDING ANY REFILL, CARTRIDGE, OR OTHER  COMPONENT,
UNLESS SUCH COMPONENT CONSTITUTES "SPECIAL PACKAGING" FOR THE PROTECTION
OF CHILDREN, AS DEFINED IN 15 U.S.C. 1471 OR ANY SUPERSEDING STATUTE.
  §  11-a. Section 399-gg of the general business law, as added by chap-
ter 542 of the laws of 2014, is amended to read as follows:
  § 399-gg. Packaging of [electronic  liquid]  VAPOR  PRODUCTS.  1.  [No
person,  firm or corporation shall sell or offer for sale any electronic
liquid, as defined in paragraph (e) of subdivision one of section  thir-
teen  hundred  ninety-nine-cc of the public health law, unless the elec-
tronic liquid is sold or offered for sale in a  child  resistant  bottle
which  is  designed  to prevent accidental exposure of children to elec-
tronic liquids] NO PERSON ENGAGED  IN  THE  BUSINESS  OF  MANUFACTURING,
SELLING  OR OTHERWISE DISTRIBUTING VAPOR PRODUCTS AS DEFINED IN SUBDIVI-
SION NINE OF SECTION THIRTEEN HUNDRED NINETY-NINE-N OF THE PUBLIC HEALTH
LAW, MAY SELL ANY COMPONENT OF  SUCH  SYSTEMS  THAT  CONTAINS  NICOTINE,
INCLUDING  ANY REFILL, CARTRIDGE, OR OTHER COMPONENT, UNLESS SUCH COMPO-
NENT CONSTITUTES "SPECIAL PACKAGING" FOR THE PROTECTION OF CHILDREN,  AS
DEFINED IN 15 U.S.C. 1471 OR ANY SUPERSEDING STATUTE.
  2. Any violation of this section shall be punishable by a civil penal-
ty not to exceed one thousand dollars.

S. 2007--A                         132

  §  11-b.  Section 17-706 of the administrative code of the city of New
York, as amended by chapter 542 of the laws of 2014, is amended to  read
as follows:
  §  17-706  Sale  of cigarettes, tobacco products, [liquid nicotine, or
electronic cigarettes] OR VAPOR PRODUCTS  to  minors  and  young  adults
prohibited.
  a. Any person operating a place of business wherein cigarettes, tobac-
co  products,  [liquid  nicotine,  or  electronic  cigarettes]  OR VAPOR
PRODUCTS are sold or offered for sale is prohibited  from  selling  such
cigarettes,  tobacco  products,  [liquid  nicotine,  or electronic ciga-
rettes] OR VAPOR PRODUCTS to individuals under twenty-one years of  age.
Sale  of  cigarettes,  tobacco products, [liquid nicotine, or electronic
cigarettes] OR VAPOR PRODUCTS in such places shall be made  only  to  an
individual  who demonstrates, through a driver's license or other photo-
graphic identification card issued by a government entity or educational
institution, that the individual is at least twenty-one  years  of  age.
Such  identification  need not be required of any individual who reason-
ably appears to be at least thirty years of age, provided, however, that
such appearance shall not constitute a defense in any proceeding  alleg-
ing  the sale of cigarettes, tobacco products, [liquid nicotine or elec-
tronic cigarettes] OR VAPOR PRODUCTS to an individual  under  twenty-one
years of age.
  b.  Any  person  operating  a  place  of  business wherein non-tobacco
shisha, pipes, or rolling papers are sold or offered for sale is prohib-
ited from selling such non-tobacco shisha, pipes, or rolling  papers  to
individuals  under  eighteen  years  of age. Sale of non-tobacco shisha,
pipes, or rolling papers in such places shall be made only to  an  indi-
vidual who demonstrates, through a driver's license or other photograph-
ic  identification  card  issued  by  a government entity or educational
institution, that the individual is at least eighteen years of age. Such
identification need not be required of  any  individual  who  reasonably
appears to be at least twenty-five years of age, provided, however, that
such  appearance shall not constitute a defense in any proceeding alleg-
ing the sale of non-tobacco shisha, pipes, or rolling papers to an indi-
vidual under eighteen years of age.
  c. Any person operating a place of business wherein cigarettes, tobac-
co products, [liquid nicotine, electronic  cigarettes]  VAPOR  PRODUCTS,
herbal cigarettes, non-tobacco shisha, pipes, or rolling papers are sold
or offered for sale shall post in a conspicuous place a sign, in accord-
ance  with the rules of the department, advising persons about the mini-
mum age requirements for the purchase of such items.
  § 12. Subdivision 2 of section 409 of the education law, as amended by
chapter 449 of the laws of 2012, is amended to read as follows:
  2. Notwithstanding the provisions of any  other  law,  rule  or  regu-
lation,  tobacco,  HERBAL CIGARETTE, AND VAPOR PRODUCTS use shall not be
permitted and no person shall use  [tobacco]  SUCH  PRODUCTS  on  school
grounds.  "School grounds" means any building, structure and surrounding
outdoor grounds, including entrances or exits, contained within a public
or private pre-school, nursery school, elementary or secondary  school's
legally  defined  property  boundaries as registered in a county clerk's
office.
  § 13. Section 3624 of the education law, as amended by chapter 529  of
the laws of 2002, is amended to read as follows:
  § 3624. Drivers,  monitors  and  attendants.  The  commissioner  shall
determine and define the qualifications of drivers, monitors and attend-
ants and shall make the rules and regulations governing the operation of

S. 2007--A                         133

all transportation facilities used by pupils which rules and regulations
shall include, but not be limited to,  a  maximum  speed  of  fifty-five
miles  per hour for school vehicles engaged in pupil transportation that
are operated on roads, interstates or other highways, parkways or bridg-
es  or  portions  thereof  that  have  posted  speed limits in excess of
fifty-five miles per hour, prohibitions relating to smoking AND  USE  OF
VAPOR  PRODUCTS,  eating  and  drinking  and  any  and all other acts or
conduct which would otherwise impair the safe operation of  such  trans-
portation  facilities  while  actually  being  used for the transport of
pupils. The employment of each driver, monitor and  attendant  shall  be
approved by the chief school administrator of a school district for each
school  bus  operated  within  his  or  her district. For the purpose of
determining his or  her  physical  fitness,  each  driver,  monitor  and
attendant  may be examined on order of the chief school administrator by
a duly licensed physician within two weeks prior  to  the  beginning  of
service  in  each school year as a school bus driver, monitor or attend-
ant. The report of the physician, in writing, shall be considered by the
chief school administrator in determining the fitness of the  driver  to
operate  or  continue  to  operate any transportation facilities used by
pupils and in determining the fitness of any  monitor  or  attendant  to
carry  out his or her functions on such transportation facilities. Noth-
ing in this section shall prohibit a school  district  from  imposing  a
more restrictive speed limit policy for the operation of school vehicles
engaged  in pupil transportation than the speed limit policy established
by the commissioner.
  § 14. This act shall take effect on  the  one  hundred  eightieth  day
after it shall have become a law.

                                 PART U

  Section 1. Article 9-B of the social services law is amended by adding
a new title 4 to read as follows:
                                 TITLE 4
                               ELDER ABUSE
SECTION 473-M. ELDER ABUSE REPORTING.
  §  473-M. ELDER ABUSE REPORTING. 1. WITHIN AMOUNTS APPROPRIATED THERE-
FOR, THE COMMISSIONER SHALL ESTABLISH A PROGRAM FOR THE DEVELOPMENT OF A
MULTIDISCIPLINARY INVESTIGATIVE TEAM OR TEAMS FOR THE PURPOSE OF  INVES-
TIGATING REPORTS OF SUSPECTED ELDER ABUSE OR MALTREATMENT.
  (A)  THE PROGRAM SHALL PROVIDE THAT THE SOCIAL SERVICES DISTRICT SHALL
HAVE DISCRETION WITH REGARD TO THE CATEGORY OR CATEGORIES  OF  SUSPECTED
ELDER  ABUSE  OR  MALTREATMENT  SUCH  TEAM  OR  TEAMS  MAY  INVESTIGATE,
PROVIDED, HOWEVER, THAT THE SOCIAL SERVICES DISTRICT SHALL PLACE PARTIC-
ULAR EMPHASIS ON CASES INVOLVING PHYSICAL ABUSE, SEXUAL ABUSE, EMOTIONAL
ABUSE, ACTIVE, PASSIVE OR SELF NEGLECT, AND  FINANCIAL  EXPLOITATION  AS
DEFINED IN SUBDIVISION SIX OF SECTION FOUR HUNDRED SEVENTY-THREE OF THIS
ARTICLE.
  (B) MEMBERS OF MULTIDISCIPLINARY TEAMS SHALL INCLUDE BUT NOT BE LIMIT-
ED  TO  REPRESENTATIVES  FROM  THE  FOLLOWING AGENCIES: ADULT PROTECTIVE
SERVICES, LAW ENFORCEMENT, THE DISTRICT  ATTORNEY'S  OFFICE,  BANKS  AND
FINANCIAL  INSTITUTIONS,  AS  WELL AS FORENSIC ACCOUNTANTS, PHYSICIAN OR
MEDICAL PROVIDERS TRAINED IN ELDER ABUSE AND MALTREATMENT, MENTAL HEALTH
PROFESSIONALS, AND VICTIM ADVOCACY PERSONNEL. MEMBERS OF THE MULTIDISCI-
PLINARY TEAM PRIMARILY RESPONSIBLE FOR THE INVESTIGATION OF ELDER  ABUSE
AND  MALTREATMENT  REPORTS,  INCLUDING  THOSE REPRESENTATIVES FROM ADULT
PROTECTIVE  SERVICES,  LAW  ENFORCEMENT,  AND  THE  DISTRICT  ATTORNEY'S

S. 2007--A                         134

OFFICE,  SHALL PARTICIPATE IN JOINT INTERVIEWS AND CONDUCT INVESTIGATIVE
FUNCTIONS CONSISTENT WITH THE MISSION OF THE  PARTICULAR  AGENCY  MEMBER
INVOLVED.  IT  SHALL NOT BE REQUIRED THAT MEMBERS OF A MULTIDISCIPLINARY
TEAM  NOT  RESPONSIBLE  FOR  THE INVESTIGATION OF REPORTS PARTICIPATE IN
EVERY INVESTIGATION. SUCH OTHER MEMBERS SHALL PROVIDE  VICTIM  ADVOCACY,
EMOTIONAL  SUPPORT,  AND ACCESS TO MEDICAL AND MENTAL HEALTH CARE, WHERE
APPLICABLE.
  (C) ALL MEMBERS, CONSISTENT WITH THEIR RESPECTIVE AGENCY MISSIONS  AND
PROFESSIONS,  SHALL FACILITATE EFFICIENT DELIVERY OF SERVICES TO VICTIMS
AND APPROPRIATE DISPOSITION OF CASES THROUGH THE CRIMINAL JUSTICE SYSTEM
IN A COLLABORATIVE MANNER.    HOWEVER,  NON-INVESTIGATIVE  TEAM  MEMBERS
SHALL  NOTE  THEIR SPECIFIC ROLE IN THE TEAM FOR REPORTS COVERED BY THIS
SECTION.
  (D) NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY,
MEMBERS  OF  A MULTIDISCIPLINARY INVESTIGATIVE TEAM MAY SHARE WITH OTHER
TEAM MEMBERS CLIENT-IDENTIFIABLE INFORMATION CONCERNING  THE  VICTIM  OR
THE  VICTIM'S  FAMILY TO FACILITATE THE INVESTIGATION OF SUSPECTED ELDER
ABUSE OR MALTREATMENT. NOTHING IN THIS SUBDIVISION  SHALL  PRECLUDE  THE
CREATION  OF  MULTIDISCIPLINARY TEAMS WHICH INCLUDE MORE THAN ONE SOCIAL
SERVICES DISTRICT. EACH TEAM SHALL DEVELOP A WRITTEN PROTOCOL FOR INVES-
TIGATION OF ELDER ABUSE AND  MALTREATMENT  CASES  AND  FOR  INTERVIEWING
ELDER ABUSE AND MALTREATMENT VICTIMS.
  2.  APPROVED  PROJECTS  SHALL  SUBMIT  A REPORT TO THE DIRECTOR OF THE
STATE OFFICE FOR THE AGING, WHO SHALL MAKE SUCH REPORTS AVAILABLE TO THE
MAJORITY LEADER OF THE SENATE, THE SPEAKER  OF  THE  ASSEMBLY,  AND  THE
CHAIRS  OF  THE AGING COMMITTEES OF THE SENATE AND ASSEMBLY, BY NOVEMBER
FIRST, TWO THOUSAND  SEVENTEEN,  DOCUMENTING  INITIAL  FINDINGS  OF  THE
MULTIDISCIPLINARY TEAM INVESTIGATIONS, INCLUDING, BUT NOT LIMITED TO:
  (A)  FINAL  DISPOSITIONS  OF CRIMINAL CASES THAT WERE INVESTIGATED AND
ASSISTED BY THE MULTIDISCIPLINARY TEAM, WITH APPROPRIATE CONFIDENTIALITY
MEASURES TAKEN TO PROTECT THE IDENTITIES OF VICTIMS AND THE ACCUSED;
  (B) PHYSICAL AND MENTAL  HEALTH  OUTCOMES  OF  VICTIMS  WHO  WERE  THE
SUBJECTS OF ELDER ABUSE AND MALTREATMENT CASES;
  (C)  FINANCIAL JUDGMENTS AND REPAYMENTS MADE AS A RESULT OF THE INVES-
TIGATION AND INTERVENTION OF THE MULTIDISCIPLINARY TEAM;
  (D) NECESSARY MEASURES  TAKEN  TO  ENSURE  CROSS-COLLABORATION  ACROSS
AGENCIES AND PROVIDERS; AND
  (E)  NECESSARY  TRAINING  THAT  EACH  SOCIAL SERVICES DISTRICT TOOK TO
TRAIN MEMBERS INCLUDING APPROPRIATE WAYS TO ASSESS RISK, IDENTIFY  INDI-
CATORS  OF  ELDER ABUSE AND MALTREATMENT, AND CONDUCT APPROPRIATE INTER-
VIEWS.
  § 2. Subdivisions 2 and 6 of section 223 of the elder law, as added by
section 3 of part J of chapter 57 of the laws of 2006,  are  amended  to
read as follows:
  2. The director shall establish the economically sustainable transpor-
tation  demonstration  program  for  the  purpose of enabling seniors to
remain independent and mobile in  their  community.  The  program  would
provide an on demand transit service for seniors [that would use] ESTAB-
LISHING,  AT  A  MINIMUM, OPERATIONAL HOURS DURING NORMAL BUSINESS HOURS
USING automobiles driven by volunteer  and  paid  drivers  to  transport
seniors  to  where  they  need  and  want to go. [After a period of five
years, the program would no longer be eligible  for  state  funding  and
would  be  completely  self-sustaining,  relying  on  consumer fares and
voluntary community support to remain operational.]
  6. [Within amounts appropriated, the] THE DIRECTOR SHALL  ESTABLISH  A
PILOT  PROGRAM WITHIN AMOUNTS APPROPRIATED THEREFOR, IN UP TO FIVE COUN-

S. 2007--A                         135

TIES, EACH WITH NOT MORE THAN THREE HUNDRED THOUSAND PERSONS AS  OF  THE
TWO THOUSAND TEN UNITED STATES CENSUS, OR A COLLABORATIVE PROJECT OF TWO
CONTIGUOUS  COUNTIES THAT EACH DO NOT HAVE MORE THAN THREE HUNDRED THOU-
SAND PERSONS AS OF THE TWO THOUSAND TEN UNITED STATES CENSUS. THE direc-
tor  shall  make  grants available to qualified economically sustainable
transportation providers of no less than fifty-five thousand dollars per
grantee [in the first year of the  operation  of  the  program].    EACH
PROVIDER  SHALL BE REQUIRED TO SUBMIT A REPORT TO THE DIRECTOR BY FEBRU-
ARY FIRST, TWO THOUSAND EIGHTEEN, WHICH SHALL INCLUDE, BUT NOT BE LIMIT-
ED  TO, DOCUMENTATION OF PARTICIPATION RATES, ANY IMPEDIMENTS TO  IMPLE-
MENTATION  ENCOUNTERED,  STEPS  TAKEN  TO  ENSURE  SUSTAINABILITY OF THE
PROGRAM AND PROPOSALS FOR EXPANSION TO OTHER SERVICE AREAS. Such provid-
ers shall be eligible to receive funding under this section annually for
up to five years. After such time, providers must  be  able  to  provide
economically   sustainable  transportation  services  without  receiving
further public financial assistance for operating or capital expenses.
  § 3. Article 2 of the elder law is amended by adding a new title 2  to
read as follows:
                                 TITLE 2
   STATEWIDE CENTRAL REGISTER OF ELDER ABUSE AND MALTREATMENT REPORTS
SECTION 224. DEFINITIONS.
        225. STATEWIDE  CENTRAL REGISTER OF ELDER ABUSE AND MALTREATMENT
                 REPORTS.
        226. REPORTERS.
  § 224. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE:
  1. "ABUSED OR MALTREATED ELDER" MEANS ANY RESIDENT OF NEW  YORK  STATE
WHO  IS  SIXTY YEARS OF AGE OR OLDER AND WHO IS ALLEGED TO BE THE VICTIM
OF PHYSICAL ABUSE, SEXUAL ABUSE, EMOTIONAL ABUSE,  PASSIVE  OR  SELF-NE-
GLECT,  OR  FINANCIAL  EXPLOITATION,  AS  DEFINED  IN SUBDIVISION SIX OF
SECTION FOUR HUNDRED SEVENTY-THREE OF THE SOCIAL SERVICES LAW.
  2. "CAREGIVER" MEANS ANY PERSON WHO HAS ASSUMED FULL  OR  INTERMITTENT
RESPONSIBILITY  FOR  THE CARE OR CUSTODY OF AN ELDERLY ADULT, WHETHER OR
NOT HE OR SHE RECEIVES COMPENSATION.
  § 225. STATEWIDE CENTRAL REGISTER  OF  ELDER  ABUSE  AND  MALTREATMENT
REPORTS.  1. SUBJECT TO APPROPRIATION, THERE SHALL BE ESTABLISHED IN THE
NEW  YORK  STATE  OFFICE  FOR  THE AGING A STATEWIDE CENTRAL REGISTER OF
ELDER ABUSE AND MALTREATMENT REPORTS MADE PURSUANT TO THIS TITLE.
  2. THE CENTRAL REGISTER CREATED BY THIS SECTION SHALL:
  (A) BE CAPABLE OF RECEIVING TELEPHONE CALLS ALLEGING  ELDER  ABUSE  OR
MALTREATMENT AND OF IMMEDIATELY IDENTIFYING PRIOR REPORTS OF ELDER ABUSE
OR MALTREATMENT AND CAPABLE OF MONITORING THE PROVISION OF ADULT PROTEC-
TIVE  SERVICES TWENTY-FOUR HOURS A DAY, SEVEN DAYS A WEEK. TO EFFECTUATE
THIS PURPOSE, THERE SHALL BE A SINGLE  STATEWIDE  TELEPHONE  NUMBER,  IN
ADDITION  TO  OTHER  SPECIAL  EXPRESS  REPORTING  PROCEDURES,  THAT  ALL
PERSONS, MAY USE  TO  MAKE  TELEPHONE  CALLS  ALLEGING  ELDER  ABUSE  OR
MALTREATMENT  AND THAT ALL PERSONS SO AUTHORIZED MAY USE FOR DETERMINING
THE EXISTENCE OF PRIOR REPORTS IN ORDER TO EVALUATE THE CONDITION OF THE
ELDER;
  (B) IMMEDIATELY TRANSMIT ORALLY OR ELECTRONICALLY BY  THE  OFFICE  FOR
THE AGING TO THE APPROPRIATE ADULT PROTECTIVE SERVICE FOR INVESTIGATION,
ANY  ALLEGATIONS  CONTAINED  IN  SUCH  TELEPHONE  CALLS  WHEN THEY COULD
REASONABLY CONSTITUTE A REPORT OF ELDER ABUSE OR MALTREATMENT, INCLUDING
SUCH ALLEGATIONS AND  ANY  PREVIOUS  REPORTS  TO  THE  CENTRAL  REGISTRY
INVOLVING  THE SUBJECT OF SUCH REPORT OR ELDER NAMED IN SUCH REPORT, AND
ANY PREVIOUS REPORTS CONTAINING ALLEGATIONS OF ELDER ABUSE AND MALTREAT-

S. 2007--A                         136

MENT ALLEGED TO HAVE OCCURRED IN OTHER COUNTIES  AND  DISTRICTS  IN  NEW
YORK STATE;
  (C)  IMMEDIATELY  TRANSMIT ORALLY OR ELECTRONICALLY TO THE APPROPRIATE
LOCAL ADULT PROTECTIVE SERVICE FOR  INVESTIGATION,  ANY  TELEPHONE  CALL
MADE  BY  A  PERSON REQUIRED TO REPORT CASES OF SUSPECTED ELDER ABUSE OR
MALTREATMENT PURSUANT TO THIS TITLE  CONTAINING  ALLEGATIONS,  WHICH  IF
TRUE WOULD CONSTITUTE ELDER ABUSE OR MALTREATMENT;
  (D)  CONVEY  BY  THE MOST EXPEDIENT MEANS AVAILABLE TO THE APPROPRIATE
LAW ENFORCEMENT AGENCY, DISTRICT  ATTORNEY,  OR  OTHER  PUBLIC  OFFICIAL
EMPOWERED  TO  PROVIDE  NECESSARY  AID  OR  ASSISTANCE,  ANY INFORMATION
CONTAINED IN A TELEPHONE CALL TO THE REGISTER  WHERE  THE  CIRCUMSTANCES
DESPITE NOT CONSTITUTING ABUSE OR MALTREATMENT AS DEFINED IN THIS TITLE,
MAY  CONSTITUTE  A CRIME OR AN IMMEDIATE THREAT TO THE ELDER'S HEALTH OR
SAFETY;
  (E) MAINTAIN RECORDS INCLUDING, BUT NOT LIMITED TO: ALL  THE  INFORMA-
TION  IN  THE  WRITTEN  REPORT; A RECORD OF THE FINAL DISPOSITION OF THE
REPORT; INFORMATION RECEIVED FROM  THE  LOCAL  SOCIAL  SERVICES  AGENCY,
INCLUDING  SERVICES OFFERED AND SERVICES ACCEPTED, THE NAMES AND IDENTI-
FYING DATA, DATES AND CIRCUMSTANCES OF ANY PERSON REQUESTING OR  RECEIV-
ING  INFORMATION  FROM THE REGISTER; AND ANY OTHER INFORMATION WHICH THE
DIRECTOR OF THE OFFICE FOR THE AGING BELIEVES MIGHT BE  HELPFUL  IN  THE
FURTHERANCE OF THE PURPOSES OF THIS TITLE; AND
  (F)  MAINTAIN  THE  CONFIDENTIALITY  OF  REPORTS  WRITTEN, INFORMATION
OBTAINED, OR PHOTOGRAPHS TAKEN CONCERNING SUCH REPORTS IN THE POSSESSION
OF THE OFFICE FOR  THE  AGING  OR  LOCAL  DEPARTMENTS,  EXCEPT  FOR  LAW
ENFORCEMENT AGENCIES AND OTHERS DEEMED BY THE DIRECTOR OF THE OFFICE FOR
THE AGING TO HAVE A RELEVANT INTEREST IN THE MATERIALS GIVEN THEIR LEGAL
OR OFFICIAL STATUS.
  §  226. REPORTERS. 1. THE FOLLOWING PERSONS AND OFFICIALS, GIVEN THEIR
OFFICIAL AND PROFESSIONAL RELATIONSHIP WITH THE  AGING  POPULATION,  ARE
STRONGLY  URGED  TO  REPORT  OR CAUSE A REPORT TO BE MADE TO THE CENTRAL
REGISTRY UNDER SECTION TWO HUNDRED TWENTY-FIVE OF THIS TITLE  WHEN  THEY
HAVE  REASONABLE  CAUSE  TO SUSPECT THAT AN ELDERLY PERSON COMING BEFORE
THEM IN  THEIR  PROFESSIONAL  OR  OFFICIAL  CAPACITY  IS  AN  ABUSED  OR
MALTREATED ELDER; OR WHEN THEY HAVE REASONABLE CAUSE TO SUSPECT THAT THE
INDIVIDUAL  IS AN ABUSED OR MALTREATED ELDER WHEN THE SPOUSE, CAREGIVER,
OR GUARDIAN OR OTHER PERSON LEGALLY  RESPONSIBLE  FOR  THE  ELDER  COMES
BEFORE  THEM  IN THEIR PROFESSIONAL OR OFFICIAL CAPACITY AND STATES FROM
PERSONAL KNOWLEDGE FACTS, CONDITIONS OR CIRCUMSTANCES WHICH, IF CORRECT,
WOULD RENDER THE ELDER AN ABUSED OR MALTREATED ELDER:    ANY  PHYSICIAN;
REGISTERED  PHYSICIAN  ASSISTANT; SURGEON; MEDICAL EXAMINER; PHARMACIST;
CORONER; OSTEOPATH; OPTOMETRIST; CHIROPRACTOR; PODIATRIST; PSYCHOLOGIST;
REGISTERED NURSE; SOCIAL WORKER; EMERGENCY  MEDICAL  TECHNICIAN;  MENTAL
HEALTH  PROFESSIONAL;  LICENSED  MARRIAGE AND FAMILY THERAPIST; LICENSED
MENTAL  HEALTH  COUNSELOR;  LICENSED  PSYCHOANALYST;  LICENSED  BEHAVIOR
ANALYST;  HOSPITAL  PERSONNEL ENGAGED IN ADMISSION, EXAMINATION, CARE OR
TREATMENT OF PERSONS; SUBSTANCE ABUSE COUNSELOR;  ALCOHOLISM  COUNSELOR;
ALL PERSONS CREDENTIALED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES;  LICENSED MASTER SOCIAL WORKER; LICENSED CLINICAL SOCIAL WORK-
ER; ANY ADMINISTRATOR OR EMPLOYEE  IN  A  NURSING  HOME  OR  RESIDENTIAL
HEALTHCARE  FACILITY  THAT  IS  LICENSED,  CERTIFIED  OR OPERATED BY THE
DEPARTMENT OF HEALTH; ANY EMPLOYEE OF A PERSONAL  CARE  OR  HOME  HEALTH
AIDE  PROGRAM;  ANY  PERSON OR EMPLOYEE OF ANY CORPORATION, PARTNERSHIP,
ORGANIZATION OR OTHER ENTITY WHICH IS UNDER CONTRACT TO PROVIDE  PATIENT
CARE  SERVICES  IN  A RESIDENTIAL HEALTH CARE FACILITY; AN EMPLOYEE OF A
COUNTY ADULT PROTECTIVE SERVICES AGENCY; POLICE OFFICER; DISTRICT ATTOR-

S. 2007--A                         137

NEY OR ASSISTANT DISTRICT ATTORNEY; PEACE OFFICER; INVESTIGATOR EMPLOYED
IN THE OFFICE OF A DISTRICT ATTORNEY; OR OTHER LAW ENFORCEMENT OFFICIAL;
AN ATTORNEY SO LONG AS IT DOES NOT VIOLATE THE NEW YORK STATE  RULES  OF
PROFESSIONAL CONDUCT.
  2.  ANY  PERSON  WHO  IS  URGED  TO  INVESTIGATE  REPORTS  OF ABUSE OR
MALTREATMENT AS A FUNCTION OF THEIR PROFESSIONAL OR  OFFICIAL  RELATION-
SHIP  WITH  THE AGING POPULATION AND WHO HAS REASONABLE CAUSE TO SUSPECT
THAT A VICTIM DIED AS A RESULT OF MALTREATMENT  OR  ABUSE  SHOULD  IMME-
DIATELY  REPORT THE SUSPICION TO THE CENTRAL REGISTRY WHICH SHALL CONVEY
THE REPORT THROUGH THE MOST EXPEDIENT MEANS AVAILABLE TO THE APPROPRIATE
MEDICAL EXAMINER AND LAW ENFORCEMENT  AUTHORITIES,  NOTWITHSTANDING  THE
EXISTENCE  OF  A DEATH CERTIFICATE SIGNED BY A PRACTICING PHYSICIAN. THE
MEDICAL EXAMINER SHALL ACCEPT THE REPORT  FOR  INVESTIGATION  AND  SHALL
REPORT THE FINDINGS OF THE INVESTIGATION, IN WRITING, TO THE APPROPRIATE
LAW ENFORCEMENT AUTHORITIES.
  3.  REPORTS  OF  SUSPECTED  ELDER  ABUSE SHOULD BE MADE IMMEDIATELY BY
TELEPHONE OR BY TELEPHONE FACSIMILE ON A FORM SUPPLIED BY THE OFFICE FOR
THE AGING TO THE CENTRAL  REGISTRY.  SUCH  TELEPHONE  REPORTS  SHALL  BE
FOLLOWED BY A REPORT IN WRITING WITHIN TWENTY-FOUR HOURS AFTER SUCH ORAL
REPORT.  ALL CASES OF ALLEGED ABUSE IN A RESIDENTIAL HEALTH CARE FACILI-
TY  AS  DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH
LAW SHALL BE FORWARDED TO THE DEPARTMENT OF HEALTH FOR INVESTIGATION.
  4. THE DIRECTOR OF THE OFFICE OF THE AGING, IN  CONJUNCTION  WITH  THE
COMMISSIONER  OF  HEALTH  AND  THE  COMMISSIONER  OF CHILDREN AND FAMILY
SERVICES SHALL DEVELOP ONLINE TOOLS FOR TRAINING REPORTERS  TO  IDENTIFY
AND  REPORT SUSPECTED ELDER ABUSE. THE ONLINE TOOLS SHALL BE MADE AVAIL-
ABLE ON THE WEBSITE OF THE OFFICE FOR THE AGING.
  § 4. This act shall take effect immediately;  provided,  however  that
section three of this act shall take effect January 1, 2018.

                                 PART V

  Section  1.  Subdivision 2 of section 365-a of the social services law
is amended by adding a new paragraph (dd) to read as follows:
  (DD) THE COST OF DONOR BREAST MILK  (PDHM),  FOR  INPATIENT  USE,  FOR
WHICH  A LICENSED MEDICAL PRACTITIONER HAS ISSUED AN ORDER FOR AN INFANT
WHO IS MEDICALLY OR PHYSICALLY UNABLE TO RECEIVE MATERNAL BREAST MILK OR
PARTICIPATE IN BREAST FEEDING OR WHOSE MOTHER IS MEDICALLY OR PHYSICALLY
UNABLE TO PRODUCE MATERNAL BREAST MILK OR PARTICIPATE IN BREAST  FEEDING
DESPITE  OPTIMAL  LACTATION  SUPPORT. SUCH INFANT MUST: (I) HAVE A DOCU-
MENTED BIRTH WEIGHT OF ONE THOUSAND FIVE HUNDRED GRAMS OR LESS; OR  (II)
HAVE  A CONGENITAL OR ACQUIRED INTESTINAL CONDITION, AND IS THEREFORE AT
A  HIGH  RISK  FOR  DEVELOPMENT  OF  NECROTIZING  ENTEROCOLITIS   AND/OR
INFECTION.  COVERAGE  FOR  DONOR BREAST MILK (PDHM) SHALL CONTINUE UNTIL
THE INFANT IS AT AN AGE  OF  MEDICAL  ADJUSTMENT  OF  THIRTY-FOUR  WEEKS
CORRECTED  GESTATIONAL  AGE AND SUCH COVERAGE SHALL BE NOT LESS THAN THE
REASONABLE COST OF SUCH MILK PROCURED FROM A  CERTIFIED  NONPROFIT  MILK
BANK, PLUS REASONABLE PROCESSING AND HANDLING FEES.
  §  2.  Subdivision  2-a  of  section  2807 of the public health law is
amended by adding a new paragraph (j) to read as follows:
  (J) NOTWITHSTANDING ANY OTHER PROVISION OF  THIS  SUBDIVISION  OR  ANY
OTHER  PROVISION OF LAW TO THE CONTRARY AND, SUBJECT TO AN APPROPRIATION
THEREFOR, ON AND AFTER APRIL FIRST,  TWO  THOUSAND  EIGHTEEN,  RATES  OF
PAYMENT   FOR   DIAGNOSTIC  AND  TREATMENT  CENTER  SERVICES,  EMERGENCY
SERVICES, GENERAL HOSPITAL INPATIENT AND OUTPATIENT SERVICES, AMBULATORY
SURGICAL SERVICES AND REFERRED AMBULATORY SERVICES, PROVIDED BY A  RURAL

S. 2007--A                         138

HOSPITAL  DESIGNATED  AS  A  CRITICAL ACCESS HOSPITAL IN ACCORDANCE WITH
TITLE XVIII OF THE FEDERAL SOCIAL SECURITY ACT SHALL  BE  EQUAL  TO  ONE
HUNDRED  ONE  PERCENT OF THE REASONABLE COSTS OF A FACILITY IN PROVIDING
SUCH  SERVICES TO PATIENTS ELIGIBLE FOR PAYMENTS MADE IN ACCORDANCE WITH
THIS SUBDIVISION. REASONABLE COSTS  SHALL  BE  DETERMINED  IN  A  MANNER
CONSISTENT  WITH  THAT USED TO DETERMINE PAYMENT FOR OUTPATIENT CRITICAL
ACCESS HOSPITAL SERVICES PROVIDED TO BENEFICIARIES OF TITLE XVIII OF THE
FEDERAL SOCIAL SECURITY ACT. FOR FACILITIES WITHOUT ADEQUATE COST  EXPE-
RIENCE,  SUCH  RATES  SHALL  BE  BASED  ON  BUDGETED  COSTS SUBSEQUENTLY
ADJUSTED TO ONE HUNDRED ONE PERCENT OF REASONABLE ACTUAL COSTS.
  § 3. Paragraph (a) of subdivision 1 of section 212 of chapter  474  of
the  laws of 1996, amending the education law and other laws relating to
rates for residential healthcare facilities, as amended by section 1  of
part D of chapter 59 of the laws of 2016, is amended to read as follows:
  (a) Notwithstanding any inconsistent provision of law or regulation to
the  contrary,  effective beginning August 1, 1996, for the period April
1, 1997 through March 31, 1998, April 1, 1998 for the  period  April  1,
1998  through  March  31,  1999, August 1, 1999, for the period April 1,
1999 through March 31, 2000, April 1, 2000, for the period April 1, 2000
through March 31, 2001, April 1, 2001, for  the  period  April  1,  2001
through  March  31,  2002,  April  1, 2002, for the period April 1, 2002
through March 31, 2003, and for the state fiscal year beginning April 1,
2005 through March 31, 2006, and for the  state  fiscal  year  beginning
April  1,  2006  through  March  31, 2007, and for the state fiscal year
beginning April 1, 2007 through March 31, 2008, and for the state fiscal
year beginning April 1, 2008 through March 31, 2009, and for  the  state
fiscal  year beginning April 1, 2009 through March 31, 2010, and for the
state fiscal year beginning April 1, 2010 through March  31,  2016,  and
for  the  state  fiscal  year  beginning April 1, 2016 through March 31,
2019, the department of health is [authorized] REQUIRED  to  pay  public
general  hospitals,  as defined in subdivision 10 of section 2801 of the
public health law, operated by the state of New York  or  by  the  state
university  of  New  York or by a county, which shall not include a city
with a population of over one million, of the state  of  New  York,  and
those public general hospitals located in the county of Westchester, the
county  of  Erie  or the county of Nassau, additional payments for inpa-
tient hospital services as medical assistance payments pursuant to title
11 of article 5 of the social services law  for  patients  eligible  for
federal  financial  participation  under title XIX of the federal social
security act in medical assistance pursuant  to  the  federal  laws  and
regulations  governing  disproportionate share payments to hospitals [up
to] OF one hundred  percent  of  each  such  public  general  hospital's
medical  assistance and uninsured patient losses after all other medical
assistance, including disproportionate share  payments  to  such  public
general  hospital  for  1996,  1997, 1998, and 1999, based initially for
1996 on reported 1994 reconciled data as further  reconciled  to  actual
reported  1996 reconciled data, and for 1997 based initially on reported
1995 reconciled data as  further  reconciled  to  actual  reported  1997
reconciled  data,  for  1998 based initially on reported 1995 reconciled
data as further reconciled to actual reported 1998 reconciled data,  for
1999  based initially on reported 1995 reconciled data as further recon-
ciled to actual reported 1999 reconciled data, for 2000 based  initially
on  reported  1995  reconciled  data  as  further  reconciled  to actual
reported 2000 data, for 2001 based initially on reported 1995 reconciled
data as further reconciled to actual reported 2001 data, for 2002  based
initially  on  reported  2000  reconciled  data as further reconciled to

S. 2007--A                         139

actual reported 2002 data, and for state fiscal years beginning on April
1, 2005, based initially on reported 2000  reconciled  data  as  further
reconciled  to actual reported data for 2005, and for state fiscal years
beginning  on April 1, 2006, based initially on reported 2000 reconciled
data as further reconciled to actual reported data for 2006,  for  state
fiscal  years  beginning  on  and  after April 1, 2007 through March 31,
2009, based initially on reported 2000 reconciled data as further recon-
ciled to actual reported data for 2007 and 2008, respectively, for state
fiscal years beginning on and after April 1, 2009,  based  initially  on
reported  2007  reconciled  data,  adjusted for authorized Medicaid rate
changes applicable to the state fiscal year, and as  further  reconciled
to  actual  reported  data for 2009, for state fiscal years beginning on
and after April 1, 2010, based initially  on  reported  reconciled  data
from  the  base  year  two years prior to the payment year, adjusted for
authorized Medicaid rate changes applicable to the  state  fiscal  year,
and  further  reconciled to actual reported data from such payment year,
and to actual reported data for each respective succeeding  year.    The
payments  may be added to rates of payment or made as aggregate payments
to an eligible public general hospital.
  § 4. Subdivision 2 of section 2776 of the public health law is  renum-
bered subdivision 3 and a new subdivision 2 is added to read as follows:
  2.  TO  THE  EXTENT THE SERVICES UNDER SUBDIVISION ONE OF THIS SECTION
INCLUDE THE PAYMENT OF HEALTH INSURANCE PREMIUMS FOR CERTAIN INDIVIDUALS
WITH ACQUIRED IMMUNE DEFICIENCY SYNDROME,  THE  PREMIUM  PAYMENTS  SHALL
INCLUDE  AN  ADDITIONAL  PREMIUM  SUBSIDY TO BE PAID TO THE INDIVIDUAL'S
HEALTH PLAN. THE SUBSIDY SHALL BE IN ADDITION TO THE PREMIUMS  OTHERWISE
CHARGED  FOR SUCH COVERAGE, IN AN AMOUNT DETERMINED BY THE DEPARTMENT OF
FINANCIAL SERVICES, IN CONSULTATION WITH THE INSTITUTE, TO BE ACTUARIAL-
LY SUFFICIENT TO ENSURE THAT THE COVERAGE PROVIDED TO THE ELIGIBLE INDI-
VIDUALS DOES NOT NEGATIVELY IMPACT THE CURRENT OR FUTURE  COST  OF  SUCH
COVERAGE  FOR OTHER INDIVIDUALS PURCHASING THE SAME OR COMPARABLE COVER-
AGE FROM THE HEALTH PLAN. THE AMOUNT OF THE SUBSIDY MAY VARY  BY  HEALTH
PLAN, AS ACTUARIALLY NECESSARY.
  §  5.  Subdivision  1  of  section 364-j of the social services law is
amended by adding two new paragraphs (w) and (w-1) to read as follows:
  (W) "SCHOOL-BASED HEALTH CENTER".  A  CLINIC  LICENSED  UNDER  ARTICLE
TWENTY-EIGHT  OF  THE  PUBLIC  HEALTH  LAW  OR  SPONSORED  BY A FACILITY
LICENSED UNDER THE PUBLIC HEALTH LAW WHICH PROVIDES PRIMARY AND  PREVEN-
TATIVE  CARE INCLUDING BUT NOT LIMITED TO HEALTH MAINTENANCE, WELL-CHILD
CARE, DIAGNOSIS AND TREATMENT OF INJURY AND ACUTE ILLNESS, DIAGNOSIS AND
MANAGEMENT OF CHRONIC DISEASE, BEHAVIORAL HEALTH SERVICES DIRECTLY OR BY
REFERRAL, AND WHICH MAY PROVIDE VISION CARE, DENTAL CARE, NUTRITIONAL OR
OTHER ENHANCED SERVICES TO CHILDREN AND ADOLESCENTS WITHIN AN  ELEMENTA-
RY, SECONDARY OR PREKINDERGARTEN PUBLIC SCHOOL SETTING.
  (W-1)  "SPONSORING  ORGANIZATION".  A  FACILITY LICENSED UNDER ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW WHICH ACTS AS THE  SPONSOR  FOR  A
SCHOOL-BASED HEALTH CENTER.
  §  6.  Subdivision  3  of  section 364-j of the social services law is
amended by adding a new paragraph (d-3) to read as follows:
  (D-3) SERVICES PROVIDED BY SCHOOL-BASED HEALTH CENTERS  SHALL  NOT  BE
PROVIDED  TO MEDICAL ASSISTANCE RECIPIENTS THROUGH MANAGED CARE PROGRAMS
ESTABLISHED PURSUANT TO THIS SECTION, AND SHALL CONTINUE TO BE  PROVIDED
OUTSIDE   OF   MANAGED  CARE  PROGRAMS  IN  ACCORDANCE  WITH  APPLICABLE
REIMBURSEMENT  METHODOLOGIES.  APPLICABLE  REIMBURSEMENT   METHODOLOGIES
SHALL MEAN:

S. 2007--A                         140

  (I) FOR SCHOOL-BASED HEALTH CENTERS SPONSORED BY A FEDERALLY QUALIFIED
HEALTH  CENTER,  RATES  OF  REIMBURSEMENT AND REQUIREMENTS IN ACCORDANCE
WITH THOSE MANDATED BY 42 U.S.C. SECS. 1396A(BB), 1396(M)(2)(A)(IX)  AND
1936(A)(13)(C); AND
  (II)  FOR  SCHOOL-BASED HEALTH CENTERS SPONSORED BY AN ENTITY LICENSED
PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW THAT IS NOT  A
FEDERALLY QUALIFIED HEALTH CENTER, RATES OF REIMBURSEMENT AT THE FEE FOR
SERVICE  RATE FOR SUCH SERVICES IN EFFECT PRIOR TO THE EFFECTIVE DATE OF
THIS PARAGRAPH FOR THE AMBULATORY PATIENT GROUP RATE FOR THE  APPLICABLE
SERVICE.
  §  7. Section 365-l of the social services law, as added by section 37
of part H of chapter 59 of the laws of 2011, subdivision 2-a as added by
section 23 of part A of chapter 56 of the laws of 2013, subdivision  2-b
as  amended  by  section 17 of part B of chapter 59 of the laws of 2016,
subdivision 2-c as added by section 25 of part B of chapter  59  of  the
laws  of  2015  and  subdivision 9 as amended by section 28 of part B of
chapter 59 of the laws of 2016, is amended to read as follows:
  § 365-l. Health homes. 1. Notwithstanding any law, rule or  regulation
to  the contrary, the commissioner of health is authorized, in consulta-
tion with the commissioners of the office of mental  health,  office  of
alcoholism  and  substance  abuse  services,  and office for people with
developmental disabilities, to (a) establish, in accordance with  appli-
cable  federal  law  and  regulations, UNIFORM AND CONSISTENT standards,
INCLUDING A CERTIFICATION PROCESS, for the  provision  of  [health  home
services]  ASSISTANCE  WITH  CARE MANAGEMENT PROVIDED BY HEALTH HOMES to
Medicaid enrollees with chronic conditions, (b) establish payment  meth-
odologies  for  [health  home services] SUCH ASSISTANCE based on factors
including but not limited to the complexity of the conditions  providers
will  be  managing,  the anticipated amount of patient contact needed to
manage such conditions, and the health care  cost  savings  realized  by
provision  of  health  home  services,  (c) establish the criteria under
which a Medicaid enrollee will be designated as being an eligible  indi-
vidual  with chronic conditions for purposes of this program, (d) assign
any Medicaid enrollee designated as an eligible individual with  chronic
conditions  to a provider of health home services.  FOR PURPOSES OF THIS
SECTION, FOR MEDICAID ENROLLEES ENROLLED WITH A MANAGED  CARE  PROVIDER,
"ASSISTANCE  WITH  CARE MANAGEMENT" SHALL BE DEFINED AS OUTREACH, EDUCA-
TIONAL ASSISTANCE AND OTHER LOGISTICAL COORDINATION DESIGNED TO ASSIST A
MANAGED CARE PROVIDER IN UNDERTAKING ITS CARE MANAGEMENT FUNCTIONS.  THE
STANDARDS  AND  SCOPE  OF  ASSISTANCE  WITH  CARE MANAGEMENT PROVIDED BY
HEALTH HOMES AS AUTHORIZED BY THIS SECTION, AND  THE  PAYMENT  FOR  SUCH
SERVICES,  SHALL  BE PRESCRIBED BY THE COMMISSIONER AND SET FORTH IN THE
CONTRACT BETWEEN  THE  HEALTH  HOME  AND  A  MANAGED  CARE  PROVIDER  AS
PRESCRIBED  BY SUBDIVISION TEN OF THIS SECTION. IN IDENTIFYING APPROPRI-
ATE PAYMENT FOR HEALTH HOME SERVICES PROVIDED PURSUANT TO THIS  SUBDIVI-
SION,  THE  COMMISSIONER SHALL TAKE INTO ACCOUNT SOCIOECONOMIC AND OTHER
FACTORS AFFECTING THE LEVEL AND INTENSITY OF EFFORT REQUIRED FOR  EFFEC-
TIVE HEALTH HOME OUTREACH AND ENGAGEMENT WITH IDENTIFIED POPULATIONS.
  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 to providers of health home services that meet proc-
ess or outcome standards specified by the commissioner AND  AGREED  UPON
BY  THE  MANAGED CARE PROVIDER WHICH HAS CONTRACTED WITH THE HEALTH HOME
FOR ASSISTANCE WITH CARE MANAGEMENT. A MANAGED CARE PROVIDER  SHALL  NOT
BE OBLIGATED TO REIMBURSE A HEALTH HOME FOR HEALTH HOME SERVICES, UNLESS
THE HEALTH HOME HAS CONTRACTED WITH THE MANAGED CARE PROVIDER.

S. 2007--A                         141

  2-a.  Up  to  fifteen  million dollars in state funding may be used to
fund health home infrastructure development. Such funds shall be used to
develop enhanced systems to support  Health  Home  operations  including
assignments,  workflow,  and  transmission of data. Funding will also be
disbursed  pursuant  to  a formula established by the commissioner to be
designated health homes. Such formula may consider prior access to simi-
lar funding opportunities, geographic and demographic factors, including
the population served, and prevalence of qualifying conditions,  connec-
tivity  to  providers,  and other criteria as established by the commis-
sioner.
  2-b. The commissioner is authorized  to  make  lump  sum  payments  or
adjust  rates  of  payment  to  providers  up  to a gross amount of five
million dollars, to establish coordination between the health homes  and
the  criminal  justice  system and for the integration of information of
health homes with state and local correctional facilities, to the extent
permitted by law. Such rate adjustments may  be  made  to  health  homes
participating  in  a  criminal justice pilot program with the purpose of
enrolling incarcerated individuals with serious mental illness,  two  or
more   chronic  conditions,  including  substance  abuse  disorders,  or
HIV/AIDS, into such health home. Health homes receiving funds under this
subdivision shall be required to document and demonstrate the  effective
use of funds distributed herein.
  2-c.  The  commissioner  is  authorized  to  make grants up to a gross
amount of one million dollars for certified application  counselors  and
assistors  to  facilitate  the  enrollment of persons in high risk popu-
lations, including but not limited to persons with mental health  and/or
substance  abuse  conditions  that  have been recently discharged or are
pending release from state  and  local  correctional  facilities.  Funds
allocated  for  certified  application counselors and assistors shall be
expended through a request for proposal process.
  2-D.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF  SECTIONS  ONE
HUNDRED  TWELVE  AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW OR
ANY OTHER LAW TO THE CONTRARY, THE COMMISSIONER SHALL MAKE GRANTS FOR  A
GROSS  AMOUNT  OF FIVE MILLION DOLLARS TO THE COLLABORATIVE FOR CHILDREN
AND FAMILIES FOR THE PURPOSE OF SUPPORTING THE DEVELOPMENT AND IMPLEMEN-
TATION OF A COMPREHENSIVE CARE  MANAGEMENT  PROGRAM  FOR  CHILDREN  WITH
COMPLEX  AND CHRONIC MEDICAL CONDITIONS. FUNDS ALLOCATED HEREIN SHALL BE
DISTRIBUTED WITHOUT A REQUEST FOR PROPOSALS AND SHALL NOT  BE  DISBURSED
PURSUANT TO A FORMULA.
  3.  Until  such  time  as  the  commissioner obtains necessary waivers
and/or approvals of the federal social security act, Medicaid  enrollees
assigned to providers of health home services will be allowed to opt out
of  such  services.  In  addition, upon enrollment, an enrollee shall be
offered an option of at least two providers of health home services,  to
the extent practicable.
  4.  Payments  authorized  pursuant  to  this section will be made with
state funds only, to the extent that such funds are appropriated  there-
fore, until such time as federal financial participation in the costs of
such services is available.
  5.  The  commissioner  is authorized to submit amendments to the state
plan for medical assistance and/or submit one or more  applications  for
waivers  of the federal social security act, to obtain federal financial
participation in the costs of health home services provided pursuant  to
this section, and as provided in subdivision three of this section.
  [6.  Notwithstanding  any limitations imposed by section three hundred
sixty-four-l of this title on entities  participating  in  demonstration

S. 2007--A                         142

projects  established  pursuant  to  such  section,  the commissioner is
authorized to allow such entities which meet the  requirements  of  this
section to provide health home services.]
  7.  Notwithstanding  any law, rule, or regulation to the contrary, the
commissioners of the department of health, the office of mental  health,
the office for people with developmental disabilities, and the office of
alcoholism and substance abuse services are authorized to jointly estab-
lish  a  single set of operating and reporting requirements and a single
set of construction and survey requirements for entities that:
  (a) can demonstrate experience in the delivery of health,  and  mental
health  and/or  alcohol  and substance abuse services and/or services to
persons with developmental disabilities, and the capacity to offer inte-
grated delivery of such  services  in  each  location  approved  by  the
commissioner; and
  (b) meet the standards established pursuant to subdivision one of this
section for providing [and receiving payment for health home] ASSISTANCE
WITH CARE MANAGEMENT services; provided, however, that an entity meeting
the  standards  established  pursuant to subdivision one of this section
shall not be required to be an integrated service provider  pursuant  to
this subdivision.
  In  establishing  a single set of operating and reporting requirements
and a single set of construction and survey  requirements  for  entities
described  in  this  subdivision, the commissioners of the department of
health, the office of mental health, the office for people with develop-
mental disabilities, and the office of alcoholism  and  substance  abuse
services  are  authorized  to  waive  any regulatory requirements as are
necessary to avoid duplication of requirements and to  allow  the  inte-
grated delivery of services in a rational and efficient manner.
  8.  (a)  The commissioner of health is authorized to contract with one
or more entities to assist the state in implementing the  provisions  of
this  section. Such entity or entities shall be the same entity or enti-
ties chosen to assist in the implementation of  the  multipayor  patient
centered  medical  home  program pursuant to section twenty-nine hundred
fifty-nine-a of the public health law. Responsibilities of the  contrac-
tor shall include but not be limited to: developing recommendations with
respect to program policy, reimbursement, system requirements, reporting
requirements, evaluation protocols, and provider and patient enrollment;
providing technical assistance to potential medical home and health home
providers; data collection; data sharing; program evaluation, and prepa-
ration of reports.
  (b) Notwithstanding any inconsistent provision of sections one hundred
twelve  and one hundred sixty-three of the state finance law, or section
one hundred forty-two of the economic development law, or any other law,
the commissioner of health is authorized to enter  into  a  contract  or
contracts  under paragraph (a) of this subdivision without a competitive
bid or request for proposal process, provided, however, that:
  (i) The department of health shall post on its website, for  a  period
of no less than thirty days:
  (1)  A description of the proposed services to be provided pursuant to
the contract or contracts;
  (2) The criteria for selection of a contractor or contractors;
  (3) The period of time during which a prospective contractor may  seek
selection,  which  shall be no less than thirty days after such informa-
tion is first posted on the website; and
  (4) The manner  by  which  a  prospective  contractor  may  seek  such
selection, which may include submission by electronic means;

S. 2007--A                         143

  (ii)  All reasonable and responsive submissions that are received from
prospective contractors in timely  fashion  shall  be  reviewed  by  the
commissioner of health; and
  (iii)  The  commissioner  of  health  shall  select such contractor or
contractors that, in his or her discretion, are best suited to serve the
purposes of this section.
  9. The contract entered into by the commissioner of  health  prior  to
January  first,  two  thousand thirteen pursuant to subdivision eight of
this section may be amended or modified without the need for  a  compet-
itive  bid  or  request  for proposal process, and without regard to the
provisions of sections one hundred twelve and one hundred sixty-three of
the state finance law, section one hundred  forty-two  of  the  economic
development  law, or any other provision of law, excepting the responsi-
ble vendor requirements of the state finance  law,  including,  but  not
limited  to,  sections  one  hundred sixty-three and one hundred thirty-
nine-k of the state finance law, to allow  the  purchase  of  additional
personnel  and  services,  subject to available funding, for the limited
purpose of assisting the department  of  health  with  implementing  the
Balancing  Incentive  Program,  the  Fully  Integrated  Duals  Advantage
Program, the Vital Access Provider Program, the Medicaid  waiver  amend-
ment associated with the public hospital transformation, the addition of
behavioral  health services as a managed care plan benefit, the delivery
system reform incentive payment plan, activities to facilitate the tran-
sition of vulnerable populations to managed care and/or  any  workgroups
required  to  be  established by the chapter of the laws of two thousand
thirteen that added this subdivision. The department  is  authorized  to
extend such contract for a period of one year, without a competitive bid
or  request  for  proposal process, upon determination that the existing
contractor is qualified to continue to provide such services;  provided,
however, that the department of health shall submit a request for appli-
cations  for  such  contract  during  the  time period specified in this
subdivision and may terminate the contract identified  herein  prior  to
expiration of the extension authorized by this subdivision.
  10.  NOTWITHSTANDING  ANY  PROVISION  OF THIS SECTION TO THE CONTRARY,
MANAGED CARE PROVIDERS  OPERATING  PURSUANT  TO  SECTION  THREE  HUNDRED
SIXTY-FOUR-J OF THIS TITLE MAY EITHER CONTRACT DIRECTLY WITH ONE OR MORE
CARE  MANAGEMENT  AGENCIES  OR  WITH ONE OR MORE HEALTH HOMES TO PROVIDE
ASSISTANCE WITH CARE MANAGEMENT AS AUTHORIZED BY THIS SECTION  TO  MEDI-
CAID  ENROLLEES  WHO  PARTICIPATE  WITH  THE MANAGED CARE PROVIDER. SUCH
ASSISTANCE WITH CARE MANAGEMENT SERVICES:  (I)  SHALL  BE  AVAILABLE  TO
ENROLLEES  WHO  WOULD  OTHERWISE  BE  ELIGIBLE  TO  RECEIVE  HEALTH HOME
SERVICES PURSUANT TO THIS SECTION; (II) MAY BE PROVIDED TO  PARTICIPANTS
ENROLLED  WITH  THE  MANAGED CARE PROVIDER WITHOUT REGARD TO ANY SERVICE
AREA DESIGNATION OR LIMITATION OTHERWISE APPLICABLE TO THE HEALTH  HOME;
AND (III) SHALL NOT INCLUDE THE DELEGATION OF THE ACTUAL CARE MANAGEMENT
FUNCTIONS UNDERTAKEN BY A MANAGED CARE PROVIDER, UNLESS THE MANAGED CARE
PROVIDER, IN ITS DISCRETION, DETERMINES TO DELEGATE SUCH FUNCTION TO THE
HEALTH  HOME  PURSUANT TO THE TERMS OF THE AGREEMENT BETWEEN THE MANAGED
CARE PROVIDER AND THE  HEALTH  HOME.  PARTICIPANTS  IN  A  MANAGED  CARE
PROVIDER  SHALL NOT BE ELIGIBLE TO RECEIVE HEALTH HOME SERVICES FROM ANY
HEALTH HOME THAT HAS NOT ENTERED INTO A CONTRACT TO  PROVIDE  ASSISTANCE
WITH  CARE  MANAGEMENT SERVICES WITH A MANAGED CARE PROVIDER PURSUANT TO
THIS PARAGRAPH.
  § 8. Notwithstanding any provision of law to the contrary,  for  rates
of payment for the period April 1, 2017 through March 31, 2018, not-for-
profit  residential  health  care facilities with a department of health

S. 2007--A                         144

bed census count of four hundred seventy beds as of  December  31,  2016
and  located in the county of Monroe shall receive an aggregate per diem
adjustment of eight hundred  sixty  thousand  dollars.  Such  adjustment
shall  reflect payment for otherwise reimbursable services that were not
previously reimbursed due to an unforeseen systems  error  resulting  in
the provider's failure to submit timely claims for services. The adjust-
ment  may  be payable by the department of health through Medicaid rates
of payment as a rate add-on or lump sum payments through  the  statewide
financial  system, on a quarterly basis or any other basis as determined
by the commissioner of health. Such adjustment shall be in  addition  to
any  other  claims  for  reimbursement made by such eligible facilities.
Such adjustment shall be subject to cash receipts assessment and  equity
withdrawal limitations.
  §  9.  Subdivision  2  of  section 365-a of the social services law is
amended by adding a new paragraph (ee) to read as follows:
  (EE) MEDICAL ASSISTANCE SHALL INCLUDE INFERTILITY SERVICES AT THE SAME
COVERAGE LEVEL AS PROVIDED FOR BY PARAGRAPHS THIRTEEN AND THIRTEEN-A  OF
SUBSECTION  (I) OF SECTION THREE THOUSAND TWO HUNDRED SIXTEEN, PARAGRAPH
SIX OF SUBSECTION (K) OF SECTION THREE THOUSAND TWO  HUNDRED  TWENTY-ONE
AND SECTION FOUR THOUSAND THREE HUNDRED THREE OF THE INSURANCE LAW.
  §  10. This act shall take effect immediately; provided, however, that
the implementation of the provisions of section two of this act shall be
subject to the appropriation of moneys  specifically  for  the  purposes
thereof;  provided,  however,  that  section  three of this act shall be
deemed to have been in full force and effect on and after April 1, 2016;
provided, further, the amendments made to section 364-j  of  the  social
services  law  by sections five and six of this act shall not affect the
repeal of such section and shall be deemed repealed therewith.

                                 PART W

  Section 1. Paragraph (q) of subdivision 1 of  section  2995-a  of  the
public  health  law,  as  added  by  chapter 542 of the laws of 2000, is
amended to read as follows:
  (q) health care plans with which the licensee has  contracts,  employ-
ment, or other affiliation; PROVIDED THAT THE REPORTING OF SUCH INFORMA-
TION  SHALL  NOT  BE  THE  RESPONSIBILITY OF THE PHYSICIAN, BUT SHALL BE
INCLUDED AND  UPDATED  BY  THE  DEPARTMENT  UTILIZING  PROVIDER  NETWORK
PARTICIPATION  INFORMATION,  OR  OTHER  RELIABLE  SOURCES OF INFORMATION
SUBMITTED BY HEALTH CARE PLANS.
  § 2. Subdivision 4 of section 2995-a of  the  public  health  law,  as
amended  by  section  3  of part A of chapter 57 of the laws of 2015, is
amended to read as follows:
  4. Each physician shall periodically report to the department on forms
and in the time and manner required by the commissioner any other infor-
mation as is required by the department for the development of  profiles
under  this  section  which  is  not otherwise reasonably obtainable. In
addition to such periodic reports and providing  the  same  information,
each  physician  shall  update his or her profile information within the
six months prior to the [expiration date of such  physician's  registra-
tion  period] SUBMISSION OF THE RE-REGISTRATION APPLICATION, as a condi-
tion of registration renewal under article one hundred thirty-one of the
education law. Except  for  optional  information  provided,  physicians
shall  notify  the  department  of any change in the profile information
within thirty days of such change.

S. 2007--A                         145

  § 3. Subdivision 6 of section 2995-a of  the  public  health  law,  as
added by chapter 542 of the laws of 2000, is amended to read as follows:
  6.  A  physician  may  elect  to  have his or her profile omit certain
information provided pursuant to paragraphs (l),  (m)[,]  AND  (n)  [and
(q)]  of  subdivision one of this section. In collecting information for
such profiles and disseminating the same, the  department  shall  inform
physicians that they may choose not to provide such information required
pursuant  to paragraphs (l), (m)[,] AND (n) [and (q)] of subdivision one
of this section.
  § 4. Section 2995-a of the public health law is amended  by  adding  a
new subdivision 7-a  to read as follows:
  7-A.  FOR PURPOSES OF THIS SECTION, A PHYSICIAN MAY AUTHORIZE A DESIG-
NEE TO REGISTER, TRANSMIT, ENTER OR UPDATE INFORMATION  ON  HIS  OR  HER
BEHALF, PROVIDED THAT:
  (A)  THE  DESIGNEE  SO  AUTHORIZED IS EMPLOYED BY THE PHYSICIAN OR THE
SAME PROFESSIONAL PRACTICE OR IS UNDER CONTRACT WITH SUCH PRACTICE;
  (B) THE PHYSICIAN TAKES REASONABLE STEPS TO ENSURE THAT SUCH  DESIGNEE
IS SUFFICIENTLY COMPETENT IN THE PROFILE REQUIREMENTS; AND
  (C) THE PHYSICIAN REMAINS RESPONSIBLE FOR ENSURING THE ACCURACY OF THE
INFORMATION  PROVIDED  AND  FOR ANY FAILURE TO PROVIDE ACCURATE INFORMA-
TION.
  THE COMMISSIONER SHALL ESTABLISH IN REGULATION  REASONABLE  PARAMETERS
WITH  REGARD TO A PHYSICIAN'S ABILITY TO AUTHORIZE DESIGNEES PURSUANT TO
THIS SECTION, WHICH SHALL  INCLUDE  PROCESSES  NECESSARY  TO  ALLOW  THE
DEPARTMENT  TO:  (I)  GRANT ACCESS TO THE PROFILE IN A REASONABLY PROMPT
MANNER TO DESIGNEES AUTHORIZED BY PHYSICIANS; (II) REQUIRE  THAT  PHYSI-
CIANS  NOTIFY  THE  DEPARTMENT UPON TERMINATING THE AUTHORIZATION OF ANY
DESIGNEE; AND (III) ESTABLISH A MECHANISM  TO  PREVENT  SUCH  TERMINATED
DESIGNEES  FROM  ACCESSING  THE  PROFILE  IN  A REASONABLY PROMPT MANNER
FOLLOWING SUCH NOTIFICATION.
  § 5. The article heading of article 43-B of the public health law,  as
added by chapter 589 of the laws of 1990, is amended to read as follows:
        ORGAN[, TISSUE AND BODY PARTS] PROCUREMENT AND [STORAGE]
                              DONOR SUPPORT
  §  6.  Sections 4360 through 4368 of article 43-B of the public health
law are designated title 1, and a new title heading is added to read  as
follows:
          ORGAN, TISSUE AND BODY PARTS PROCUREMENT AND STORAGE
  §  7. Article 43-B of the public health law is amended by adding a new
title 2 to read as follows:
                                 TITLE 2
                          LIVING ORGAN DONATION

SECTION 4369. DEFINITIONS.
        4370. REIMBURSEMENT OF LIVING DONOR EXPENSES.
        4371. TRANSPLANT EDUCATION OF PATIENTS WITH  KIDNEY  DISEASE  OR
                END STAGE RENAL FAILURE.
  §  4369. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES  OTHER-
WISE:
  1.  "LIVING  DONATION"  MEANS THE GIFT BY AN INDIVIDUAL OF AN ORGAN OF
THAT INDIVIDUAL'S BODY TO  BE  TRANSPLANTED  INTO  ANOTHER  INDIVIDUAL'S
BODY,  THE  GIFT  TO BE EXECUTED WHILE THE DONATING INDIVIDUAL IS LIVING
AND WITH THE INTENT THAT THE DONATING INDIVIDUAL WILL CONTINUE  TO  LIVE
AFTER THE EXECUTION OF THE GIFT.
  2. "LIVING DONOR" MEANS AN INDIVIDUAL WHO MAKES A LIVING DONATION.

S. 2007--A                         146

  3.  "LIVING DONOR EXPENSES" MEANS FINANCIAL COSTS INCURRED BY A LIVING
DONOR THAT ARISE DUE TO THE ACT OF LIVING DONATION AND ITS CONSEQUENCES,
THAT ARE SUBJECT TO  REIMBURSEMENT  UNDER  SECTION  FORTY-THREE  HUNDRED
SEVENTY OF THIS TITLE.
  4.  "LIVING DONOR SUPPORT PROGRAM" OR "PROGRAM" MEANS THE LIVING DONOR
SUPPORT PROGRAM ESTABLISHED UNDER SECTION FORTY-THREE HUNDRED SEVENTY OF
THIS TITLE.
  5. "PAIRED DONATION" MEANS A  LIVING  DONATION  IN  WHICH  THE  LIVING
DONOR'S  ORGAN  IS INCOMPATIBLE WITH THE ULTIMATE INTENDED RECIPIENT AND
THE LIVING DONOR'S ORGAN IS TRANSPLANTED INTO ANOTHER RECIPIENT, AND  IN
TURN  ANOTHER  LIVING DONOR MAKES A LIVING DONATION, DIRECTLY OR THROUGH
ONE OR MORE PAIRED DONATIONS, TO THE ULTIMATE RECIPIENT.
  § 4370. REIMBURSEMENT OF LIVING DONOR EXPENSES. 1.  THE  LIVING  DONOR
SUPPORT PROGRAM IS HEREBY ESTABLISHED IN THE DEPARTMENT.
  2.  (A)  SUBJECT TO APPROPRIATIONS THEREFOR, THE PROGRAM SHALL PAY THE
LIVING DONOR EXPENSES FOR LIVING DONORS WHO ARE RESIDENTS OF  THE  STATE
AND  MAKE  A  LIVING  DONATION  IN  WHICH THE ULTIMATE RECIPIENT, EITHER
DIRECTLY OR THROUGH PAIRED DONATION IS A  RESIDENT  OF  THE  STATE.  THE
COMMISSIONER  THROUGH  REGULATIONS SHALL ESTABLISH ELIGIBLE LIVING DONOR
EXPENSES THAT ARE ELIGIBLE FOR REIMBURSEMENT  UNDER  THE  PROGRAM  WHICH
SHALL  INCLUDE  AT  A MINIMUM:   LOST WAGES (INCLUDING DEMONSTRATED LOST
NON-EMPLOYMENT INCOME); THE ECONOMIC VALUE  OF  SICK  OR  VACATION  DAYS
EXPENDED;  TRAVEL  AND  LODGING, CHILD CARE AND ELDER CARE EXPENSES; AND
COSTS OF MEDICATIONS  AND  CARE  ASSOCIATED  WITH  THE  LIVING  DONATION
SURGERY. THE TOTAL PERIOD OF TIME RELATED TO LOST WAGES OR EXPENDED SICK
OR  VACATION  DAYS  SHALL  NOT  EXCEED FOUR WEEKS UNLESS SPECIAL CIRCUM-
STANCES ARE DEMONSTRATED, SUCH AS THE NATURE OF PHYSICAL LABOR  REQUIRED
FOR  THE LIVING DONOR'S EMPLOYMENT; PROVIDED THAT THE TOTAL PERIOD SHALL
IN NO EVENT EXCEED EIGHT WEEKS.   THE  COMMISSIONER  MAY  BY  REGULATION
IMPOSE  A LIMITATION ON: (I) THE AMOUNT OF LOST WAGES FOR A LIVING DONOR
MAKING AN INCOME IN EXCESS OF AN ANNUAL RATE OF ONE HUNDRED  TWENTY-FIVE
THOUSAND  DOLLARS;  OR  (II)  THE  AMOUNT OF LIVING DONOR EXPENSES ABOVE
FOURTEEN THOUSAND DOLLARS FOR ANY SINGLE LIVING DONOR; AND  MAY  INCLUDE
ADDITIONAL  LIVING  DONOR  EXPENSES INCLUDING REIMBURSEMENT FOR COSTS OF
CARE PERFORMED BY RELATIVES OR FAMILY MEMBERS OF THE LIVING DONOR.
  (B) THE PROGRAM SHALL NOT  PAY  REIMBURSEMENT  FOR  EXPENSES  PAID  OR
REQUIRED  TO  BE  PAID  FOR BY ANY THIRD-PARTY PAYER, INCLUDING WAGES OR
OTHER EXPENSES THAT WERE COVERED UNDER PAID MEDICAL LEAVE BY THE  LIVING
DONOR'S  EMPLOYER  OR THAT ARE COVERED BY OTHER SOURCES OF REIMBURSEMENT
SUCH AS THE  FEDERAL  NATIONAL  LIVING  DONOR  ASSISTANCE  PROGRAM.  THE
PROGRAM  SHALL  BE  THE PAYER OF LAST RESORT WITH RESPECT TO ANY BENEFIT
UNDER THE PROGRAM.
  (C) LIVING DONOR EXPENSES SHALL BE REIMBURSED  AS  CLOSE  IN  TIME  AS
POSSIBLE  TO THEIR BEING INCURRED BY THE DONOR, INCLUDING BY PRE-PAYMENT
WHERE PRACTICABLE.
  3. (A)  THE  COMMISSIONER  MAY  CONTRACT  FOR  THE  ADMINISTRATION  OF
REIMBURSEMENT UNDER THE PROGRAM. FACTORS SUCH AS COST TO THE STATE, EASE
OF  USE  FOR  THE  LIVING  DONOR,  AND EASE OF USE FOR TRANSPLANT CENTER
HOSPITALS SHALL BE TAKEN INTO CONSIDERATION WHEN AWARDING SUCH CONTRACT.
  (B) THE COMMISSIONER SHALL MAKE REGULATIONS TO IMPLEMENT THIS SECTION.
  (C) THIS SECTION SHALL BE INTERPRETED SO AS NOT TO CONFLICT  WITH  THE
FEDERAL NATIONAL ORGAN TRANSPLANT ACT (42 U.S.C. 274E).
  §  4371.  TRANSPLANT  EDUCATION OF PATIENTS WITH KIDNEY DISEASE OR END
STAGE RENAL FAILURE. FOR ANY PATIENT WITH CHRONIC KIDNEY  DISEASE  STAGE
FOUR  OR  END STAGE RENAL DISEASE, A NEPHROLOGIST MANAGING THE PATIENT'S
TREATMENT OR, IF THE PATIENT IS NOT UNDER THE TREATMENT OF  A  NEPHROLO-

S. 2007--A                         147

GIST THEN THE PATIENT'S PRIMARY CARE PRACTITIONER, SHALL CONSIDER WHETH-
ER  THE  PATIENT  IS  A  CANDIDATE  FOR TRANSPLANTATION UNDER APPLICABLE
PROFESSIONAL AND LEGAL GUIDELINES, AND, IF THE PATIENT APPEARS TO  BE  A
CANDIDATE  FOR  TRANSPLANTATION,  PROVIDE  THE  PATIENT  WITH TRANSPLANT
EDUCATION MATERIALS INCLUDING THOSE PREPARED UNDER SECTION  TWO  HUNDRED
SEVEN OF THIS CHAPTER.
  §  8.  Paragraph  (d)  of  subdivision  1 of section 207 of the public
health law, as amended by section 16 of part A of  chapter  109  of  the
laws of 2010, is amended to read as follows:
  (d)  The need FOR and importance of organ and tissue donation, INCLUD-
ING LIVING DONATION, including information about being registered as  an
organ  and  tissue  donor  and executing documents of gift under article
forty-three of this chapter; AND INFORMATION TO INCREASE PATIENT  UNDER-
STANDING  ABOUT  THE  MEDICAL OPTION OF TRANSPLANT AND ITS DESIRABILITY.
IN IMPLEMENTING THIS PARAGRAPH, THE DEPARTMENT SHALL  CONSULT  WITH  THE
TRANSPLANT COUNCIL IN THE DEPARTMENT.
  §  9. Paragraph 38 of subsection (c) of section 612 of the tax law, as
added by chapter 565 of the laws of 2006, is amended to read as follows:
  (38) An amount of up to ten thousand  dollars  if  a  taxpayer,  while
living,  donates one or more of his or her human organs to another human
being for human organ transplantation. For purposes of  this  paragraph,
"human organ" means all or part of a liver, pancreas, kidney, intestine,
lung,  or  bone marrow. A subtract modification allowed under this para-
graph shall be claimed in the taxable year  in  which  the  human  organ
transplantation  occurs.    PROVIDED, HOWEVER, THAT THIS DEDUCTION SHALL
NOT APPLY TO ANY DONATION FOR WHICH THE TAXPAYER HAS  RECEIVED  BENEFITS
UNDER SECTION FORTY-THREE HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW.
  § 10. The social services law is amended by adding a new section 365-o
to read as follows:
  §  365-O.  PROVISION AND COVERAGE OF SERVICES FOR LIVING ORGAN DONORS.
THIS SECTION APPLIES IN THE CASE OF A LIVING DONOR UNDER SECTION  FORTY-
THREE HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW WHO IS OTHERWISE ELIGIBLE
FOR  MEDICAL  ASSISTANCE  UNDER  THIS  ARTICLE. SERVICES FOR THAT PERSON
COVERED UNDER THAT SECTION THAT WOULD OTHERWISE BE HEALTH CARE  SERVICES
UNDER  THIS  ARTICLE  SHALL BE PAID FOR UNDER THIS ARTICLE AND NOT UNDER
SUCH SECTION, PROVIDED FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE.
  § 11. Article 2 of the public health law is amended by  adding  a  new
title 4-A to read as follows:

                               TITLE IV-A
                     LUPUS RESEARCH ENHANCEMENT ACT

SECTION 256. SHORT TITLE.
        256-A. LEGISLATIVE INTENT.
        256-B. DEFINITION.
        256-C. LUPUS RESEARCH ENHANCEMENT PROGRAM.
        256-D. LUPUS RESEARCH ADVISORY COUNCIL.
        256-E. LUPUS RESEARCH ENHANCEMENT FUND.
  § 256. SHORT TITLE.  THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE
"LUPUS RESEARCH ENHANCEMENT ACT".
  §  256-A.  LEGISLATIVE  INTENT.  1.   THE LEGISLATURE HEREBY FINDS THE
FOLLOWING:
  (A) LUPUS IS A SERIOUS, COMPLEX, DEBILITATING AUTOIMMUNE DISEASE  THAT
CAN  CAUSE  INFLAMMATION AND TISSUE DAMAGE TO VIRTUALLY ANY ORGAN SYSTEM
IN THE BODY, INCLUDING THE SKIN, JOINTS, OTHER CONNECTIVE TISSUE,  BLOOD
AND BLOOD VESSELS, HEART, LUNGS, KIDNEY, AND BRAIN.

S. 2007--A                         148

  (B) THE LUPUS FOUNDATION OF AMERICA, INC. ESTIMATES THAT APPROXIMATELY
1.5 TO TWO MILLION AMERICANS LIVE WITH SOME FORM OF LUPUS; LUPUS AFFECTS
WOMEN  NINE  TIMES MORE OFTEN THAN MEN AND EIGHTY PERCENT OF NEWLY DIAG-
NOSED CASES OF LUPUS DEVELOP AMONG WOMEN OF CHILDBEARING AGE.
  (C)  LUPUS  DISPROPORTIONATELY  AFFECTS  WOMEN OF COLOR - IT IS TWO TO
THREE TIMES MORE COMMON AMONG AFRICAN-AMERICANS, HISPANICS,  ASIANS  AND
NATIVE AMERICANS AND IS GENERALLY MORE PREVALENT IN MINORITY POPULATIONS
-  A HEALTH DISPARITY THAT REMAINS UNEXPLAINED. ACCORDING TO THE CENTERS
FOR DISEASE CONTROL AND PREVENTION  THE  RATE  OF  LUPUS  MORTALITY  HAS
INCREASED  SINCE  THE  LATE NINETEEN SEVENTIES AND IS HIGHER AMONG OLDER
AFRICAN-AMERICAN WOMEN.
  (D) NO NEW DRUGS HAVE BEEN APPROVED BY THE U.S. FOOD AND DRUG ADMINIS-
TRATION SPECIFICALLY FOR LUPUS IN NEARLY FORTY YEARS, AND WHILE  CURRENT
TREATMENTS  FOR  THE DISEASE CAN BE EFFECTIVE, THEY CAN LEAD TO DAMAGING
SIDE EFFECTS.
  (E) THE PAIN AND FATIGUE ASSOCIATED WITH LUPUS CAN  THREATEN  PEOPLE'S
ABILITY  TO LIVE INDEPENDENTLY, MAKE IT DIFFICULT TO MAINTAIN EMPLOYMENT
AND LEAD NORMAL LIVES, AND ONE IN FIVE  PEOPLE WITH LUPUS IS DISABLED BY
THE DISEASE, AND CONSEQUENTLY RECEIVES SUPPORT FROM GOVERNMENT PROGRAMS,
INCLUDING MEDICARE, MEDICAID, SOCIAL  SECURITY  DISABILITY,  AND  SOCIAL
SECURITY SUPPLEMENTAL INCOME.
  (F)  THE  ESTIMATED  AVERAGE  ANNUAL  COST OF MEDICAL TREATMENT FOR AN
INDIVIDUAL WITH LUPUS CAN RANGE BETWEEN TEN THOUSAND DOLLARS AND  THIRTY
THOUSAND  DOLLARS;  FOR  PEOPLE WHO HAVE THE MOST SERIOUS FORM OF LUPUS,
MEDICAL COSTS CAN GREATLY EXCEED  THIS  AMOUNT,  CAUSING  A  SIGNIFICANT
ECONOMIC, EMOTIONAL AND SOCIAL BURDEN TO THE ENTIRE FAMILY AND SOCIETY.
  (G)  MORE THAN HALF OF THE PEOPLE WITH LUPUS SUFFER FOUR OR MORE YEARS
AND VISIT THREE OR MORE  PHYSICIANS  BEFORE  OBTAINING  A  DIAGNOSIS  OF
LUPUS;  EARLY  DIAGNOSIS  OF AND COMMENCEMENT OF TREATMENT FOR LUPUS CAN
PREVENT OR REDUCE SERIOUS ORGAN DAMAGE, DISABILITY, AND DEATH.
  (H) DESPITE THE MAGNITUDE OF LUPUS AND ITS IMPACT ON  INDIVIDUALS  AND
FAMILIES,  HEALTH PROFESSIONAL AND PUBLIC UNDERSTANDING OF LUPUS REMAINS
LOW; ONLY ONE OF FIVE AMERICANS CAN PROVIDE EVEN BASIC INFORMATION ABOUT
LUPUS, AND AWARENESS OF LUPUS IS LOWEST AMONG ADULTS  AGES  EIGHTEEN  TO
THIRTY-FOUR - THE AGE GROUP MOST LIKELY TO DEVELOP SYMPTOMS OF LUPUS.
  (I)  LUPUS  IS  A  SIGNIFICANT  NATIONAL  HEALTH ISSUE THAT DESERVES A
COMPREHENSIVE AND COORDINATED RESPONSE BY STATE AND FEDERAL  GOVERNMENTS
WITH INVOLVEMENT OF THE HEALTH CARE PROVIDER, PATIENT, AND PUBLIC HEALTH
COMMUNITIES.
  2. THE PURPOSES OF THIS TITLE ARE:
  (A) TO PROMOTE BASIC AND CLINICAL RESEARCH PROGRAMS DESIGNED TO REDUCE
OR  PREVENT  SUFFERING  FROM  LUPUS,  BY PROVIDING ADDITIONAL FUNDING TO
STATE ACADEMIC MEDICAL INSTITUTIONS WITHIN THE STATE CURRENTLY  CONDUCT-
ING  OR  HAVING  AN  INTEREST  IN CONDUCTING BASIC AND CLINICAL, SOCIAL,
TRANSLATIONAL, TECHNOLOGICAL, EPIDEMIOLOGICAL, AND  BEHAVIORAL  RESEARCH
ON LUPUS. SUCH ACTIVITIES MAY INCLUDE:
  (I) INVESTIGATING THE PATHOGENESIS AND PHYSIOLOGY OF LUPUS;
  (II) IDENTIFYING AND VALIDATING LUPUS BIOMARKERS;
  (III)  ENHANCING  THE  STATEWIDE  INFRASTRUCTURE  TO  CONDUCT CLINICAL
TRIALS OF POTENTIAL NEW LUPUS THERAPIES;
  (IV) DEVELOPING OR IMPROVING DIAGNOSTIC TESTS FOR EARLY  DETECTION  OF
LUPUS; AND
  (V) DEVELOPING NOVEL THERAPIES TO TREAT LUPUS.
  (B)  TO  ESTABLISH A MULTIDISCIPLINARY LUPUS RESEARCH ADVISORY COUNCIL
TO MONITOR PROGRESS AND MAKE GRANTING RECOMMENDATIONS TO THE DEPARTMENT.

S. 2007--A                         149

  § 256-B. DEFINITION. AS USED IN THIS TITLE, "PROGRAM" SHALL  MEAN  THE
LUPUS  RESEARCH  ENHANCEMENT  PROGRAM  CREATED  PURSUANT  TO SECTION TWO
HUNDRED FIFTY-SIX-C OF THIS TITLE.
  § 256-C. LUPUS RESEARCH ENHANCEMENT PROGRAM. 1. THE COMMISSIONER SHALL
ESTABLISH  WITHIN  THE  DEPARTMENT  A LUPUS RESEARCH ENHANCEMENT PROGRAM
THROUGH WHICH THE DEPARTMENT SHALL MAKE GRANTS TO STATE ACADEMIC MEDICAL
INSTITUTIONS WITHIN THE STATE CURRENTLY CONDUCTING OR HAVING AN INTEREST
IN CONDUCTING BASIC AND CLINICAL, SOCIAL, TRANSLATIONAL,  TECHNOLOGICAL,
EPIDEMIOLOGICAL, AND BEHAVIORAL RESEARCH ON LUPUS.
  2.  ALL  RESEARCH  FUNDS SHALL BE AWARDED ON THE BASIS OF THE RESEARCH
PRIORITIES ESTABLISHED FOR THE PROGRAM AND THE SCIENTIFIC MERIT  OF  THE
PROPOSED  RESEARCH,  AS  DETERMINED  BY AN OPEN, COMPETITIVE PEER REVIEW
PROCESS THAT ENSURES OBJECTIVITY, CONSISTENCY,  AND  HIGH  QUALITY.  ALL
INVESTIGATORS,  REGARDLESS  OF  AFFILIATION, SHALL HAVE EQUAL ACCESS AND
OPPORTUNITY TO COMPETE FOR PROGRAM FUNDS.
  3. THE PEER REVIEW  PROCESS  FOR  THE  SELECTION  OF  RESEARCH  GRANTS
AWARDED  UNDER  THIS  PROGRAM SHALL BE MODELED GENERALLY ON THAT USED BY
THE NATIONAL INSTITUTES OF HEALTH IN ITS GRANT MAKING PROCESS.
  4. AN AWARDEE SHALL BE AWARDED GRANTS FOR THE FULL COST,  BOTH  DIRECT
AND INDIRECT, OF CONDUCTING THE SPONSORED RESEARCH CONSISTENT WITH THOSE
FEDERAL  GUIDELINES GOVERNING ALL FEDERAL RESEARCH GRANTS AND CONTRACTS.
ALL INTELLECTUAL PROPERTY ASSETS DEVELOPED UNDER THIS PROGRAM  SHALL  BE
TREATED IN ACCORDANCE WITH STATE AND FEDERAL LAW.
  5.  IN  ESTABLISHING  ITS RESEARCH PRIORITIES, THE STATE SHALL CONSULT
WITH THE LUPUS RESEARCH ADVISORY COUNCIL AND CONSIDER A BROAD  RANGE  OF
CROSS-DISCIPLINARY  LUPUS  RESEARCH,  INCLUDING,  BUT  NOT  LIMITED  TO,
RESEARCH INTO THE CAUSE, CURE, AND DIAGNOSIS OF LUPUS; TRANSLATIONAL AND
TECHNOLOGICAL RESEARCH, INCLUDING RESEARCH TO DEVELOP IMPROVED  DIAGNOS-
TIC TESTS; RESEARCH REGARDING THE CULTURAL, ECONOMIC, AND LEGAL BARRIERS
TO ACCESSING THE HEALTH CARE SYSTEM FOR EARLY DETECTION AND TREATMENT OF
LUPUS;  AND  RESEARCH EXAMINING THE HEALTH DISPARITIES SEEN IN THE INCI-
DENCE AND PREVALENCE OF LUPUS.
  § 256-D. LUPUS RESEARCH ADVISORY COUNCIL. 1. OPERATIONS. (A) THE COUN-
CIL SHALL BE COMPRISED OF FIFTEEN MEMBERS REPRESENTING A BROAD RANGE  OF
EXPERTISE AND EXPERIENCE.
  (B)  INDIVIDUALS  AND  ORGANIZATIONS  MAY  SUBMIT  NOMINATIONS  TO THE
COMMISSIONER THROUGH THE COUNCIL.
  (C) EACH APPOINTED COUNCIL MEMBER SHOULD HAVE FAMILIARITY  WITH  LUPUS
AND  ISSUES  THAT SURROUND LUPUS AND BE ONE OF THE FOLLOWING: HEALTH AND
MEDICAL PROFESSIONAL WITH EXPERTISE IN LUPUS; AN INDIVIDUAL WITH  LUPUS;
A  REPRESENTATIVE  FROM A LOCAL OR COUNTY HEALTH DEPARTMENT; OR A RECOG-
NIZED EXPERT IN  THE  PROVISION  OF  HEALTH  SERVICES  TO  WOMEN,  LUPUS
RESEARCH OR HEALTH DISPARITIES.
  (D) THE COUNCIL SHALL BE COMPRISED AS FOLLOWS:
  (I) AT LEAST THREE INDIVIDUALS WITH LUPUS;
  (II) NO MORE THAN TWO REPRESENTATIVES FROM THE DEPARTMENT;
  (III)  AT LEAST FIVE INDIVIDUALS FROM LUPUS NONPROFIT HEALTH ORGANIZA-
TIONS; AND
  (IV) AT LEAST FIVE SCIENTISTS OR CLINICIANS WITH EXPERIENCE  IN  LUPUS
AND WHO PARTICIPATE IN VARIOUS FIELDS OF SCIENTIFIC ENDEAVOR, INCLUDING,
BUT  NOT LIMITED TO, THE FIELDS OF BIOMEDICAL RESEARCH, SOCIAL, TRANSLA-
TIONAL, BEHAVIORAL AND EPIDEMIOLOGICAL RESEARCH, AND PUBLIC HEALTH.
  (E) ALL MEMBERS OF THE COUNCIL SHALL BE APPOINTED BY THE  COMMISSIONER
AND THE COMMISSIONER SHALL CHOOSE FROM AMONG THE FIFTEEN COUNCIL MEMBERS
ONE MEMBER TO SERVE AS CHAIR.

S. 2007--A                         150

  (F)  ALL  MEMBERS  OF THE COUNCIL SHALL SERVE TERMS OF TWO YEARS EACH.
MEMBERS CAN BE NAMED TO SERVE A TOTAL OF TWO  TERMS  AND  TERMS  CAN  BE
CONSECUTIVE.
  (G) MEMBERS SHALL SERVE WITHOUT COMPENSATION, BUT SHALL BE ENTITLED TO
ACTUAL, NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR BUSINESS
AS MEMBERS OF THE COUNCIL.
  (H)  A  MAJORITY  OF  THE  MEMBERS  OF  THE COUNCIL SHALL CONSTITUTE A
QUORUM.  A MAJORITY VOTE OF A QUORUM SHALL BE REQUIRED FOR ANY  OFFICIAL
ACTION OF THE COUNCIL.
  (I) THE COUNCIL SHALL MEET AT THE CALL OF THE CHAIR, BUT NOT LESS THAN
FOUR TIMES PER YEAR.
  2. FUNCTIONS. THE LUPUS RESEARCH ADVISORY COUNCIL SHALL:
  (A)  REVIEW  SUBMITTED  GRANT APPLICATIONS AND MAKE RECOMMENDATIONS TO
THE COMMISSIONER, AND THE COMMISSIONER SHALL, AT HIS OR HER  DISCRETION,
GRANT APPROVAL OF APPLICATIONS FOR GRANTS FROM THOSE APPLICATIONS RECOM-
MENDED  BY THE COUNCIL (IF A COUNCIL MEMBER SUBMITS AN APPLICATION FOR A
GRANT FROM THE LUPUS RESEARCH AND EDUCATION FUND,  HE  OR  SHE  WILL  BE
PROHIBITED  FROM  REVIEWING  AND MAKING A RECOMMENDATION ON THE APPLICA-
TION);
  (B) CONSULT WITH  THE  NATIONAL  INSTITUTES  OF  HEALTH,  CENTERS  FOR
DISEASE  CONTROL  AND PREVENTION, THE AGENCY FOR HEALTHCARE RESEARCH AND
QUALITY, THE NATIONAL ACADEMY OF SCIENCES (INSTITUTE OF MEDICINE), LUPUS
ADVOCACY GROUPS, AND  OTHER  ORGANIZATIONS  OR  ENTITIES  WHICH  MAY  BE
INVOLVED  IN  LUPUS RESEARCH TO SOLICIT BOTH INFORMATION REGARDING LUPUS
RESEARCH PROJECTS THAT ARE CURRENTLY BEING CONDUCTED AND RECOMMENDATIONS
FOR FUTURE RESEARCH PROJECTS; AND
  (C) SHALL TRANSMIT ANNUALLY ON  OR  BEFORE  DECEMBER  THIRTY-FIRST,  A
REPORT  TO  THE  LEGISLATURE ON GRANTS MADE, GRANTS IN PROGRESS, PROGRAM
ACCOMPLISHMENTS,  AND  FUTURE  PROGRAM  DIRECTIONS.  EACH  REPORT  SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
  (I)  THE  NUMBER  AND DOLLAR AMOUNTS OF RESEARCH GRANTS, INCLUDING THE
AMOUNT ALLOCATED TO INDIRECT COSTS;
  (II) THE SUBJECT OF RESEARCH GRANTS;
  (III) THE RELATIONSHIP BETWEEN FEDERAL AND  STATE  FUNDING  FOR  LUPUS
RESEARCH;
  (IV) THE RELATIONSHIP BETWEEN EACH PROJECT AND THE OVERALL STRATEGY OF
THE RESEARCH PROGRAM;
  (V)  A  SUMMARY OF RESEARCH FINDINGS INCLUDING DISCUSSION OF PROMISING
NEW AREAS;
  (VI) THE INSTITUTIONS AND CAMPUSES RECEIVING GRANT AWARDS; AND
  (VII) THE FIRST ANNUAL REPORT SHALL INCLUDE AN EVALUATION  AND  RECOM-
MENDATIONS  CONCERNING  THE  DESIRABILITY  AND  FEASIBILITY OF REQUIRING
FOR-PROFIT GRANTEES TO COMPENSATE THE STATE IN THE EVENT  THAT  A  GRANT
RESULTS  IN  THE DEVELOPMENT OF A PROFIT-MAKING PRODUCT. THIS EVALUATION
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE COSTS AND BENEFITS OF  REQUIR-
ING  A  FOR-PROFIT GRANTEE TO REPAY THE GRANT, TO PROVIDE THE PRODUCT AT
COST TO STATE PROGRAMS SERVING LOW-INCOME LUPUS PATIENTS, AND TO PAY THE
STATE A PERCENTAGE OF THE ROYALTIES DERIVED FROM THE PRODUCT.
  3. CONTRIBUTIONS. THE SECRETARY OF THE LUPUS RESEARCH ADVISORY COUNCIL
MAY ACCEPT GRANTS, SERVICES, AND PROPERTY FROM THE  FEDERAL  GOVERNMENT,
FOUNDATIONS,  ORGANIZATIONS,  MEDICAL SCHOOLS, AND OTHER ENTITIES AS MAY
BE AVAILABLE FOR THE PURPOSES OF  FULFILLING  THE  OBLIGATIONS  OF  THIS
PROGRAM. ANY SUCH FUNDS SHALL SUPPLEMENT AND NOT SUPPLANT APPROPRIATIONS
PROVIDED FOR THE IMPLEMENTATION OF THIS ARTICLE.

S. 2007--A                         151

  4. WAIVERS. THE SECRETARY OF THE LUPUS RESEARCH ADVISORY COUNCIL SHALL
SEEK  ANY  FEDERAL  WAIVER  OR WAIVERS THAT MAY BE NECESSARY TO MAXIMIZE
FUNDS FROM THE FEDERAL GOVERNMENT TO IMPLEMENT THIS PROGRAM.
  § 256-E. LUPUS RESEARCH ENHANCEMENT FUND. ALL MONEYS RECEIVED PURSUANT
TO  SECTION  TWO  HUNDRED FIFTY-SIX-C OF THIS TITLE SHALL BE CREDITED TO
THE FUND, AS ESTABLISHED BY SECTION NINETY-FIVE-I OF THE  STATE  FINANCE
LAW.  THE  COMMISSIONER  SHALL  USE  THE  FUND  TO  ADMINISTER THE LUPUS
RESEARCH ENHANCEMENT PROGRAM AND TO MAKE GRANTS TO AWARDEES PURSUANT  TO
SECTION TWO HUNDRED FIFTY-SIX-C OF THIS TITLE.
  § 12. The state finance law is amended by adding a new section 95-i to
read as follows:
  §  95-I.  LUPUS  RESEARCH  ENHANCEMENT FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND  FINANCE
AND  THE  COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "LUPUS RESEARCH
ENHANCEMENT FUND".
  2. SUCH FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR THE  PURPOSE
OF  SUCH  FUND AND ANY GRANT, GIFT OR BEQUEST MADE TO THE LUPUS RESEARCH
ENHANCEMENT PROGRAM AS ESTABLISHED BY TITLE FOUR-A OF ARTICLE TWO OF THE
PUBLIC HEALTH LAW.
  3. MONEYS OF THE FUND SHALL BE AVAILABLE FOR GRANTS THROUGH THE  LUPUS
RESEARCH  ENHANCEMENT  PROGRAM  ADVISORY COUNCIL AND FOR THE EXPENSES OF
THE LUPUS RESEARCH ENHANCEMENT PROGRAM ADVISORY COUNCIL,  AND  SHALL  BE
EXPENDED  ONLY  FOR  THE  PURPOSES  SPELLED  OUT IN SECTIONS TWO HUNDRED
FIFTY-SIX-C AND TWO HUNDRED FIFTY-SIX-D OF THE PUBLIC HEALTH LAW.
  4. MONEYS IN THE LUPUS RESEARCH ENHANCEMENT FUND SHALL BE  KEPT  SEPA-
RATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF
THE COMMISSIONER OF TAXATION AND FINANCE AND THE COMPTROLLER.
  5.  THE  MONEYS OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OF HEALTH, OR BY AN OFFICER OR EMPLOYEE  OF  THE  DEPARTMENT  OF  HEALTH
DESIGNATED BY SUCH COMMISSIONER.
  § 13. Section 2805-x of the public health law, as added by section` 48
of  part  B  of  chapter  57  of the laws of 2015, is amended to read as
follows:
  § 2805-x. Hospital-home care-physician collaboration program.  1.  The
purpose  of  this section shall be to facilitate innovation in hospital,
home care agency and physician collaboration in meeting the  community's
health  care  needs.  It  shall provide a framework to support voluntary
initiatives in collaboration to improve patient care access and  manage-
ment,  patient  health outcomes, cost-effectiveness in the use of health
care services and community population health. Such collaborative HOSPI-
TAL-HOME CARE-PHYSICIAN initiatives may  also  include  payors,  skilled
nursing  facilities, EMERGENCY MEDICAL SERVICES and other interdiscipli-
nary providers, practitioners and  service  entities  AS  PART  OF  SUCH
HOSPITAL-HOME CARE-PHYSICIAN COLLABORATIVE.
  2. For purposes of this section:
  (a)  "Hospital"  shall  include  a general hospital as defined in this
article or other inpatient facility for rehabilitation or specialty care
within the definition of hospital in this article.
  (b) "Home care agency" shall mean a certified home health agency, long
term home health care program or licensed home care services  agency  as
defined in article thirty-six of this chapter.
  (c)  "Payor"  shall  mean  a  health plan approved pursuant to article
forty-four of this chapter, or article thirty-two or forty-three of  the
insurance law.

S. 2007--A                         152

  (d)  "Practitioner"  shall  mean  any  of the health, mental health or
health related professions licensed  pursuant  to  title  eight  of  the
education law.
  (E)  "EMERGENCY  MEDICAL SERVICES" (EMS) SHALL MEAN THE SERVICES OF AN
AMBULANCE SERVICE OR AN ADVANCED LIFE  SUPPORT  FIRST  RESPONSE  SERVICE
CERTIFIED  UNDER  ARTICLE  THIRTY  OF  THIS CHAPTER STAFFED BY EMERGENCY
MEDICAL TECHNICIANS OR ADVANCED EMERGENCY MEDICAL TECHNICIANS TO PROVIDE
BASIC OR ADVANCE LIFE SUPPORT AND, FOR THE  PURPOSES  OF  THE  COMMUNITY
PARAMEDICINE  COLLABORATION  MODEL SET FORTH IN SUBDIVISION FOUR OF THIS
SECTION, ALSO TO PROVIDE  SUCH  SERVICES  PURSUANT  TO  SUCH  MODELS  IN
CIRCUMSTANCES  OTHER  THAN THE INITIAL EMERGENCY MEDICAL CARE AND TRANS-
PORTATION OF SICK AND INJURED PERSONS.
  3. The commissioner is authorized to provide financing including,  but
not  limited  to,  grants  or positive adjustments in medical assistance
rates or premium payments, to the extent of funds  available  and  allo-
cated  or  appropriated  therefor, including funds provided to the state
through federal waivers, funds made available  through  state  appropri-
ations  and/or  funding  through section twenty-eight hundred seven-v of
this article, as well as waivers of regulations under title ten  of  the
New  York  codes, rules and regulations, to support the voluntary initi-
atives and objectives of this section.  NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO LIMIT, OR TO IMPLY THE NEED FOR STATE APPROVAL OF, COLLABO-
RATIVE INITIATIVES  ENUMERATED  IN  THIS  SECTION  WHICH  ARE  OTHERWISE
PERMISSIBLE  UNDER LAW OR REGULATION, PROVIDED HOWEVER THAT THE APPROVAL
OF THE COMMISSIONER SHALL BE REQUIRED FOR EITHER STATE FUNDING OR  REGU-
LATORY WAIVERS AS PROVIDED FOR UNDER THIS SECTION.
  4.  Hospital-home  care-physician collaborative initiatives under this
section may include, but shall not be limited to:
  (a) Hospital-home care-physician  integration  initiatives,  including
but not limited to:
  (i)  transitions  in  care  initiatives to help effectively transition
patients to post-acute care  at  home,  coordinate  follow-up  care  and
address issues critical to care plan success and readmission avoidance;
  (ii)  clinical  pathways  for  specified conditions, guiding patients'
progress and outcome goals, as well as effective health services use;
  (iii) application of telehealth/telemedicine  services  in  monitoring
and  managing  patient  conditions,  and promoting self-care/management,
improved outcomes and effective services use;
  (iv) facilitation of  physician  house  calls  to  homebound  patients
and/or  to  patients  for whom such home visits are determined necessary
and effective for patient care management;
  (v) additional models for prevention of  avoidable  hospital  readmis-
sions and emergency room visits;
  (vi) health home development;
  (vii)  development  and  demonstration  of new models of integrated or
collaborative care and care management not otherwise achievable  through
existing models; [and]
  (viii)  bundled payment demonstrations for hospital-to-post-acute-care
for specified conditions or categories  of  conditions,  in  particular,
conditions  predisposed  to  high  prevalence  of readmission, including
those currently subject to federal/state penalty, and  other  discharges
with extensive post-acute needs; AND
  (IX) MODELS OF COMMUNITY PARAMEDICINE, UNDER WHICH HOSPITALS, EMERGEN-
CY  MEDICAL SERVICES WHO UTILIZE EMPLOYED OR VOLUNTEER EMERGENCY MEDICAL
TECHNICIANS OR ADVANCED EMERGENCY MEDICAL  TECHNICIANS,  PHYSICIANS  AND
HOME  CARE  AGENCIES MAY DEVELOP AND IMPLEMENT A PLAN FOR THE COLLABORA-

S. 2007--A                         153

TIVE PROVISION OF SERVICES IN COMMUNITY-SETTINGS. IN ADDITION  TO  EMER-
GENCY  SERVICES PROVIDED UNDER ARTICLE THIRTY OF THIS CHAPTER, MODELS OF
COMMUNITY PARAMEDICINE MAY INCLUDE  COLLABORATIVE  SERVICES  TO  AT-RISK
INDIVIDUALS  LIVING  IN  THE COMMUNITY TO PREVENT EMERGENCIES, AVOIDABLE
EMERGENCY ROOM  NEED,  AVOIDABLE  TRANSPORT  AND  POTENTIALLY  AVOIDABLE
HOSPITAL ADMISSIONS AND READMISSIONS; COMMUNITY PARAMEDICINE SERVICES TO
INDIVIDUALS  WITH  BEHAVIORAL  HEALTH  CONDITIONS,  OR  DEVELOPMENTAL OR
INTELLECTUAL DISABILITIES, SHALL FURTHER INCLUDE  THE  COLLABORATION  OF
APPROPRIATE  PROVIDERS  OF BEHAVIORAL HEALTH SERVICES LICENSED OR CERTI-
FIED UNDER THE MENTAL HYGIENE LAW;
  (b) Recruitment, training and retention of hospital/home  care  direct
care  staff  and  physicians,  in geographic or clinical areas of demon-
strated need. Such initiatives may include, but are not limited to,  the
following activities:
  (i)  outreach and public education about the need and value of service
in health occupations;
  (ii) training/continuing education  and  regulatory  facilitation  for
cross-training  to  maximize  flexibility  in  the utilization of staff,
including:
  (A) training of hospital nurses in home care;
  (B) dual certified nurse aide/home health aide certification; [and]
  (C) dual personal care aide/HHA certification; AND
  (D) ORIENTATION AND/OR COLLABORATIVE TRAINING OF EMS,  HOSPITAL,  HOME
CARE, PHYSICIAN AND, AS NECESSARY, OTHER PARTICIPATING PROVIDER STAFF IN
COMMUNITY PARAMEDICINE;
  (iii) salary/benefit enhancement;
  (iv) career ladder development; and
  (v) other incentives to practice in shortage areas; and
  (c)  Hospital  - home care - physician collaboratives for the care and
management of special needs, high-risk and high-cost patients, including
but not limited to best practices, and training and education of  direct
care practitioners and service employees.
  5.  Hospitals  and  home care agencies which are provided financing or
waivers pursuant to this section shall report to the commissioner on the
patient, service and cost experiences pursuant to this section,  includ-
ing the extent to which the project goals are achieved. The commissioner
shall  compile  and  make  such  reports  available  on the department's
website.
  § 14. 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 EMERGENCY  MEDICAL  TECHNICIAN  OR
ADVANCED EMERGENCY MEDICAL TECHNICIAN IN 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 ARTICLE  TO  PROVIDE
EMERGENCY  MEDICAL  SERVICES MAY ALSO PARTICIPATE IN MODELS OF COMMUNITY
PARAMEDICINE PURSUANT TO SECTION TWENTY-EIGHT  HUNDRED  FIVE-X  OF  THIS
CHAPTER.
  §  15.  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, OR IN COMMUNITY PARAMEDICINE

S. 2007--A                         154

COLLABORATIVE INITIATIVE PURSUANT TO SECTION TWENTY-EIGHT HUNDRED FIVE-X
OF THIS CHAPTER; 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 advi-
sory committee, approved by the state emergency medical services council
and the commissioner,  and  implemented  by  regional  medical  advisory
committees.
  §  16.  Section 617 of the public health law, as amended by section 28
of part E of chapter 56 of the laws of  2013,  is  amended  to  read  as
follows:
  §  617.  Maintenance of effort. Such amount of state aid provided will
be used to support and to the extent practicable, to increase the  level
of  funds  that  would otherwise be made available for such purposes and
not to supplant the amount to be provided by the  municipalities.  If  a
municipality  that  is  provided state aid pursuant to title one of this
article reduces its expenditures beneath the amount expended in its base
year, which is the most recent fiscal year for  which  the  municipality
has   filed  all  expenditure  reports  to  the  department,  state  aid
reimbursement provided  pursuant  to  subdivision  one  of  section  six
hundred five of this article will be reduced by the percentage reduction
in  expenditures  between its base year and its current fiscal year. For
purposes of this section, reductions in expenditures shall  be  adjusted
for:  an  absence  of  extraordinary expenditures of a temporary nature,
such as disaster relief; unavoidable or justifiable program  reductions,
such  as a program being subsumed by another agency; or in circumstances
where the municipality can demonstrate, to  the  department's  satisfac-
tion, that the need for the expenditure no longer exists. MAINTENANCE OF
EFFORT SHALL BE BASED ON A MUNICIPALITY'S TOTAL ELIGIBLE EXPENDITURES IN
THE  CURRENT  FISCAL YEAR, AND SHALL NOT BE REQUIRED FOR EACH INDIVIDUAL
CORE SERVICE. REVIEW OF EXPENDITURES  FOR  PURPOSES  OF  MAINTENANCE  OF
EFFORT REQUIREMENTS WILL OCCUR NO MORE THAN ONCE EACH FISCAL YEAR.
  § 17. This act shall take effect immediately; provided, however, that:
  1.  sections one, two, three and four of this act shall take effect on
the ninetieth day after it shall have become a law; and
  2. sections five, six, seven, eight, nine and ten of  this  act  shall
take  effect  April  1,  2018; provided that, effective immediately, the
commissioner of health shall make regulations  and  take  other  actions
reasonably necessary to implement such provisions on that date.

                                 PART X

  Section  1.  This  act  shall  be known and may be cited as the "clean
water act of 2017".
  § 2. Intentionally omitted.
  § 2-a. The clean water bond act of 2017 is enacted to read as follows:
                      CLEAN WATER BOND ACT OF 2017
Section 1. Short title.
        2. Creation of a state debt.
        3. Bonds of the state.
        4. Use of the moneys received.
  Section 1. Short title. This act shall be known and may  be  cited  as
the "clean water bond act of 2017".
  §  2.  Creation  of  a  state debt. The creation of a state debt to an
amount  not  exceeding   in   the   aggregate   five   billion   dollars
($5,000,000,000),  is hereby authorized to provide moneys for the single
purpose of preserving, enhancing, restoring and improving the quality of

S. 2007--A                         155

the state's water by the accomplishment of projects and the  funding  of
activities  by  state  agencies,  public  authorities and public benefit
corporations, municipalities, and other governmental entities  and  not-
for-profit  corporations  exclusively  through the implementation of the
New York state regional water infrastructure improvement act of 2017.
  Funds expended from moneys derived from the sale of  bonds  authorized
in  section  three of this act that are later recovered under a state or
federal superfund or through other means from polluters shall be  repaid
to satisfy any state debt created pursuant to this act.
  §  3.  Bonds  of the state. The state comptroller is hereby authorized
and empowered to issue and sell bonds of the state to the amount of five
billion dollars ($5,000,000,000), for the purpose of this  act,  subject
to the provisions of article 5 of the state finance law.
  The  aggregate  principal  amount  of such bonds shall not exceed five
billion dollars ($5,000,000,000), excluding bonds issued  to  refund  or
otherwise  repay  bonds  theretofore  issued for such purpose; provided,
however, that upon any such refunding or repayment the  total  aggregate
principal  amount  of outstanding bonds may be greater than five billion
dollars ($5,000,000,000), only if the present  value  of  the  aggregate
debt  service of the refunding or repayment bonds to be issued shall not
exceed the present value of the aggregate debt service of the  bonds  to
be refunded or repaid. The method for calculating present value shall be
determined  by law. Any funds expended from moneys derived from the sale
of bonds pursuant to this section that are subsequently recovered  under
state or federal superfund or other methods from polluters shall be used
to repay the bonds.
  § 4. Use of the moneys received. The moneys received by the state from
the  sale  of bonds sold pursuant to this act shall be expended pursuant
to the New York state regional water infrastructure improvement  act  of
2017.
  §  3. The public health law is amended by adding a new section 1113 to
read as follows:
  § 1113. LEAD SERVICE LINE REPLACEMENT GRANT PROGRAM.   NOTWITHSTANDING
SECTION  ONE  HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW OR ANY INCON-
SISTENT PROVISION OF LAW TO THE CONTRARY, AND WITHIN  AMOUNTS  APPROPRI-
ATED THEREFOR, THE DEPARTMENT SHALL AWARD GRANTS TO MUNICIPALITIES WITH-
OUT A FORMAL COMPETITIVE PROCESS, FOR PURPOSES OF REPLACING LEAD SERVICE
LINES  USED  TO  SUPPLY  DRINKING  WATER. WHEN DETERMINING WHICH MUNICI-
PALITIES SHALL RECEIVE AWARDS AND THE AMOUNT OF SUCH AWARDS, THE DEPART-
MENT SHALL CONSIDER FOR EACH MUNICIPALITY THE  COST  OF  REPLACING  LEAD
SERVICE  LINES AND THE NUMBER OF PERSONS WHO RECEIVE DRINKING WATER FROM
SUCH SERVICE LINES, AND SHALL GIVE PRIORITY TO THOSE MUNICIPALITIES WITH
LOW-INCOME COMMUNITIES, ACCORDING TO A METHODOLOGY AS  SHALL  BE  DETER-
MINED BY THE DEPARTMENT.
  §  4.  Article  27 of the environmental conservation law is amended by
adding a new title 12 to read as follows:
                                TITLE 12
        IMMEDIATE ABATEMENT, REMEDIATION AND INFRASTRUCTURE NEEDS
SECTION 27-1201. SOLID WASTE  MANAGEMENT  FACILITY  AND  DRINKING  WATER
                   INVESTIGATION AND REMEDIATION.
        27-1203. EMERGENCY  INFRASTRUCTURE  INVESTIGATION  AND FINANCIAL
                   ASSISTANCE GRANT PROGRAM.
§ 27-1201. SOLID WASTE MANAGEMENT FACILITY AND DRINKING  WATER  INVESTI-
             GATION AND REMEDIATION.
  1.  THE DEPARTMENT SHALL INVESTIGATE AN ACTIVE OR INACTIVE SOLID WASTE
MANAGEMENT FACILITY WHICH IS KNOWN OR SUSPECTED  OF  CONTRIBUTING  TO  A

S. 2007--A                         156

SIGNIFICANT  OR  IMMINENT  THREAT TO THE PUBLIC HEALTH OR WELFARE. AFTER
SUCH INVESTIGATION THE DEPARTMENT SHALL REMEDIATE ANY ACTIVE OR INACTIVE
SOLID WASTE MANAGEMENT FACILITY WHICH IS  KNOWN  TO  CAUSE  AN  IMMINENT
THREAT  TO THE PUBLIC HEALTH OR WELFARE. UP TO FOUR MILLION DOLLARS OVER
TWENTY-FOUR MONTHS FROM THE DATE  OF  INITIAL  RESPONSE  SHALL  BE  MADE
AVAILABLE  FOR  SUCH  REMEDIATION PROJECTS. IF THE DEPARTMENT DETERMINES
THAT HAZARDOUS WASTES AT SUCH SITE CONSTITUTE A  SIGNIFICANT  THREAT  TO
THE ENVIRONMENT PURSUANT TO SECTION 27-1313 OF THIS ARTICLE, THE COMMIS-
SIONER  SHALL  PURSUANT TO SUCH SECTION IMMEDIATELY REQUIRE THE DEVELOP-
MENT AND IMPLEMENTATION  OF  A  DEPARTMENT-APPROVED  INACTIVE  HAZARDOUS
WASTE DISPOSAL SITE REMEDIAL PROGRAM.
  2.  THE  DEPARTMENT  SHALL  INVESTIGATE ANY AREA OR STRUCTURE WHICH IS
KNOWN OR SUSPECTED OF CAUSING OR CONTRIBUTING TO AN EXCEEDANCE OF  MAXI-
MUM  CONTAMINANT LEVEL OR OTHER THRESHOLD LEVEL SET BY THE DEPARTMENT OF
HEALTH OR OTHERWISE RECOMMENDED BY THE DRINKING WATER QUALITY INSTITUTE,
AT A CURRENT SOURCE OF DRINKING WATER. AFTER SUCH INVESTIGATION, IF  THE
DEPARTMENT, IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH, DETERMINES THE
AREA  OR  STRUCTURE  IS  CAUSING OR CONTRIBUTING TO AN EXCEEDANCE OF ANY
MAXIMUM CONTAMINANT LEVEL OR OTHER THRESHOLD LEVEL SET BY THE DEPARTMENT
OF HEALTH OR RECOMMENDED BY THE DRINKING WATER  QUALITY  INSTITUTE,  THE
DEPARTMENT  SHALL  INSTITUTE  REMEDIAL  MEASURES  WHICH  MAY INCLUDE THE
INSTALLATION OF TREATMENT SYSTEMS, INCLUDING BUT NOT LIMITED TO  INSTAL-
LATION  OF  ONSITE WATER SUPPLIES, OR THE PROVISION OF ALTERNATIVE WATER
SUPPLY SOURCES TO ENSURE THAT WATER MEETS APPLICABLE MAXIMUM CONTAMINANT
LEVELS OR OTHER  THRESHOLD  CONCENTRATIONS  SET  BY  THE  DEPARTMENT  OF
HEALTH. UP TO FOUR MILLION DOLLARS OVER TWENTY-FOUR MONTHS FROM THE DATE
OF  INITIAL  RESPONSE  SHALL  BE  MADE  AVAILABLE  FOR  SUCH REMEDIATION
PROJECTS. IF THE DEPARTMENT DETERMINES HAZARDOUS  WASTES  AT  SUCH  SITE
CONSTITUTE  A  SIGNIFICANT THREAT TO THE ENVIRONMENT PURSUANT TO SECTION
27-1313 OF THIS ARTICLE, THE COMMISSIONER SHALL PURSUANT TO SUCH SECTION
IMMEDIATELY REQUIRE THE DEVELOPMENT AND IMPLEMENTATION OF A  DEPARTMENT-
APPROVED INACTIVE HAZARDOUS WASTE DISPOSAL SITE REMEDIAL PROGRAM.
  3.  THE DEPARTMENT SHALL MAKE ALL REASONABLE EFFORTS TO RECOVER FROM A
RESPONSIBLE PERSON THE FULL AMOUNT OF ANY FUNDS  EXPENDED  FOR  INVESTI-
GATION  OR  REMEDIATION UNDERTAKEN PURSUANT TO SUBDIVISION ONE OR TWO OF
THIS SECTION, PROVIDED HOWEVER  THAT  RECOVERY  IS  NOT  AUTHORIZED  FOR
INVESTIGATION  OR REMEDIATION COSTS INCURRED PURSUANT TO SUBDIVISION ONE
OR TWO OF THIS SECTION WHERE SUCH INVESTIGATION DOES NOT REVEAL AN IMMI-
NENT THREAT TO PUBLIC HEALTH OR WELFARE, OR AN EXCEEDANCE OF ANY MAXIMUM
CONTAMINANT LEVEL OR OTHER THRESHOLD WARRANTING REMEDIATION.  NOTHING IN
THIS SUBDIVISION SHALL LIMIT THE DEPARTMENT'S ABILITY TO RECOVER FROM  A
RESPONSIBLE  PERSON THE DEPARTMENT'S COSTS ASSOCIATED WITH INVESTIGATING
OR REMEDIATING AN INACTIVE HAZARDOUS WASTE  DISPOSAL  SITE  PURSUANT  TO
TITLE THIRTEEN OF THIS ARTICLE.
§ 27-1203. EMERGENCY  INFRASTRUCTURE INVESTIGATION AND FINANCIAL ASSIST-
             ANCE GRANT PROGRAM.
  THE DEPARTMENT SHALL, WITHIN AMOUNTS APPROPRIATED THEREFOR, CREATE  AN
EMERGENCY  INFRASTRUCTURE  INVESTIGATION  AND FINANCIAL ASSISTANCE GRANT
PROGRAM. UPON A MUNICIPALITY'S REQUEST, THE DEPARTMENT SHALL INVESTIGATE
ANY SITUATION IN WHICH THE STATE OF THE MUNICIPALITY'S INFRASTRUCTURE IS
CAUSING OR MAY CAUSE AN IMMINENT THREAT TO THE PUBLIC HEALTH OR WELFARE,
OR THE ENVIRONMENT. AFTER SUCH INVESTIGATION, IF THE  DEPARTMENT  DETER-
MINES  THE  STATE  OF THE INFRASTRUCTURE IS OR MAY RESULT IN HARM TO THE
PUBLIC HEALTH OR WELFARE, OR TO THE ENVIRONMENT, GRANTS  OF  UP  TO  ONE
HUNDRED  PERCENT  OF INFRASTRUCTURE CONSTRUCTION, UPDATING, REPLACEMENT,
OR REPAIR SHALL BE MADE FOR ANY INFRASTRUCTURE PROJECT THAT WILL  ELIMI-

S. 2007--A                         157

NATE  OR  SUBSTANTIALLY  REDUCE SUCH HARM. NOTHING IN THIS SECTION SHALL
PROHIBIT A MUNICIPALITY FROM ELIGIBILITY FOR OTHER INFRASTRUCTURE  FUND-
ING PROVIDED BY THE STATE.
  § 4-a. Subdivision 3 of section 27-1309 of the environmental conserva-
tion  law, as amended by section 4 of part E of chapter 1 of the laws of
2003, is amended to read as follows:
  3. Any duly designated officer or employee of the  department,  or  of
any  state  agency,  and  any  agent,  consultant,  contractor, or other
person, including an employee, agent, consultant,  or  contractor  of  a
responsible person acting at the direction of the department, so author-
ized  in  writing  by the commissioner, may enter any inactive hazardous
waste disposal site OR AREA WHERE THE DISPOSAL OF  WASTES  MAY  POSE  AN
IMMINENT  THREAT TO THE PUBLIC HEALTH OR ENVIRONMENT and areas near such
site and inspect and take samples of wastes, soils, air, surface  water,
and  groundwater.  In  order  to  take  such  samples, the department or
authorized person may utilize or cause  to  be  utilized  such  sampling
methods  as it determines to be necessary including, but not limited to,
soil borings and monitoring wells.
  § 4-b. Sections four-b through four-f of this act shall be  known  and
may  be  cited  as  the  "New  York  state regional water infrastructure
improvement act of 2017".
  § 4-c. For purposes of sections four-b through four-f of this act:
  1. "water quality infrastructure project" shall mean "sewage treatment
works" as defined in section 17-1903 of the  environmental  conservation
law,  "eligible  project" as defined in paragraphs (a), (b), (c) and (e)
of subdivision 4 of section 1160 of the public health law, or  "stormwa-
ter  collecting  system" as defined in subdivision 27 of section 56-0101
of the environmental conservation law.
  2. "construction" shall mean:
  (a) For sewage treatment works, the same meaning as defined in section
17-1903 of the environmental conservation law;
  (b) For eligible projects, the same meaning as defined in section 1160
of the public health law; and
  (c) For stormwater collecting systems the erection, building, acquisi-
tion, alteration,  reconstruction,  improvement  or  extension  of  such
systems;  the  inspection  and supervision thereof; and the engineering,
architectural, legal, fiscal and economic  investigations  and  studies,
surveys,  designs,  plans, working drawings, specifications, procedures,
and other actions necessary thereto.
  3. "municipality" shall mean any county, city, town, village, district
corporation, county or town improvement district, school district, Indi-
an nation or tribe recognized by the state or the United States  with  a
reservation  wholly  or  partly within the boundaries of New York state,
any public benefit corporation or public authority established  pursuant
to  the  laws  of  New  York  or  any  agency of New York state which is
empowered to  construct  and  operate  a  water  quality  infrastructure
project, or any two or more of the foregoing which are acting jointly in
connection with a water quality infrastructure project.
  4. "corporation" shall mean the environmental facilities corporation.
  §  4-d.  1.  The  corporation  shall  undertake  and provide financial
assistance payments, from funds appropriated for such purpose, to  muni-
cipalities  in  support  of projects provided, however, in any such year
each municipal project shall be eligible to receive up  to  ten  million
dollars  of appropriated funds. Such state financial assistance payments
shall be awarded only to projects for:

S. 2007--A                         158

  (a) clean water through the protection of the state's  watersheds  and
natural resources; and drinking water supply protection, and water qual-
ity related research and development;
  (b)  for  clean  water  infrastructure  for  water quality improvement
projects for repairing, replacing and updating and new  construction  of
New  York  state's  municipal  stormwater, wastewater and drinking water
infrastructures, updating and replacing  septic  systems  or  compliance
with  environmental  and  public  health laws and regulations related to
water quality; or
  (c) The implementation of new filtration systems  and  water  testing,
and  other measures necessary for areas that suspect or know they have a
contamination issue and have not yet received superfund status.
  2. Any state financial assistance payment  awarded  pursuant  to  this
subdivision  shall  not  exceed ninety percent of the project cost, with
the exception of  financial  assistance  payments  awarded  pursuant  to
section four-f of this section.
  3.  A  municipality  may  make an application for such state financial
assistance payment, in a manner, form and timeframe and containing  such
information  as  the  environmental  facilities  corporation may require
provided however, such requirements shall not include a requirement  for
prior listing on the intended use plan.
  4. A municipality shall not be required to accept environmental facil-
ities  corporation  loan  financing in order to obtain a state financial
assistance payment pursuant to this act  if  it  can  provide  proof  of
having  obtained  similarly  low  cost  financing  or other funding from
another source.
  5. An applicant shall have the option of including a project for which
the application is made under this act within the design,  creation,  or
implementation  of a plan for municipal consolidation between the appli-
cant and one or more municipalities, provided, however that  the  corpo-
ration  shall  be  prohibited  from requiring any project be included in
such plan, requiring any project to include or establish such  plan,  or
otherwise  giving  preference  to  projects  included in such plans as a
condition when awarding grants.
  6. In awarding such state financial assistance  payments,  the  corpo-
ration  shall  consider  and give preference to municipalities that meet
the hardship criteria established by the corporation pursuant to section
1285-m of the public authorities law and projects  that  result  in  the
greatest water quality improvement or greatest reduction in serious risk
to  public health. For the purposes of sections four-b through four-e of
this act, the hardship criteria of section 1285-m of the public authori-
ties law shall also apply to sewage treatment works defined  in  section
17-1903 of the environmental conservation law, and stormwater collecting
systems  as  defined in section four-c of this act.  After the effective
date of this act, all previous applications submitted through the  water
infrastructure  improvement  act  of  2015  and not yet awarded shall be
deemed to have applied through this act.
  § 4-e. 1. The corporation shall, in cooperation with the  commissioner
of environmental conservation, develop a program to encourage the updat-
ing, replacement, improvement and installation of new septic systems.
  2.  The program created pursuant to this section shall include rebates
for the updating,  replacement,  improvement  and  installation  of  new
septic systems.
  3.  Within  one year of the effective date of this section, the corpo-
ration shall implement  and  administer  this  section  including  rules
relating  to the forms required to claim a rebate, the required documen-

S. 2007--A                         159

tation for establishing eligibility for a rebate, procedures and  guide-
lines  for claiming a rebate, and the collection of economic impact data
from applicants and any other requirements the corporation deems  neces-
sary.  The  corporation shall determine and publish on its website on an
ongoing basis the amount of available funding for rebates  remaining  in
each fiscal year.
  4.  No  later  than April 1, 2019, and annually thereafter, the corpo-
ration shall issue a report to the temporary president  of  the  senate,
the  speaker of the assembly, the chair of the senate committee on envi-
ronmental conservation, the chair of the senate committee on health, the
chair of the assembly committee on environmental conservation,  and  the
chair  of  the  assembly committee on health detailing the status of its
program to encourage the updating, replacement, and installation of  new
septic systems. Such report shall include:
  (a)  the  amount  of funding dedicated by the environmental facilities
corporation for the program in the preceding year;
  (b) the amount of eligible purchases for which a rebate was awarded;
  (c) the amount and geographic distribution of rebates; and
  (d) any other information the corporation deems necessary.
  § 4-f. The corporation shall undertake  and  provide  state  financial
assistance payments, from funds appropriated for such purpose, for other
water  infrastructure improvement projects that do not satisfy or exceed
criteria established in section 4-d of this act but  are  in  accordance
with  a  plan  approved  in  memorandum of understanding executed by the
director of the budget, the speaker of the assembly, and  the  temporary
president of the senate.
  § 5. Subdivisions 1, 2 and 6 and paragraphs (i) and (j) of subdivision
3 of section 97-b of the state finance law, subdivision 1 as amended and
paragraph  (j) of subdivision 3 as added by section 4 of part I of chap-
ter 1 of the laws of 2003, subdivision 2 as amended by section 5 of part
X of chapter 58 of the laws of 2015, paragraph (i) of subdivision  3  as
amended by section 1 of part R of chapter 59 of the laws of 2007, subdi-
vision 6 as amended by chapter 38 of the laws of 1985, are amended and a
new paragraph (k) is added to subdivision 3 to read as follows:
  1. There is hereby established in the custody of the state comptroller
a nonlapsing revolving fund to be known as the "hazardous waste remedial
fund",  which  shall  consist of [a "site investigation and construction
account",] an "industry fee transfer account", an "environmental  resto-
ration  project  account",  "hazardous  waste  cleanup account", [and] a
"hazardous waste remediation oversight and  assistance  account"  AND  A
"SOLID WASTE AND DRINKING WATER EMERGENCY ACTION ACCOUNT".
  2. Such fund shall consist of all of the following:
  (a) [moneys appropriated for transfer to the fund's site investigation
and  construction  account;  (b) all fines and other sums accumulated in
the fund prior to April first, nineteen hundred eighty-eight pursuant to
section 71-2725 of the environmental conservation law for deposit in the
fund's site investigation and  construction  account;  (c)]  all  moneys
collected or received by the department of taxation and finance pursuant
to  section 27-0923 of the environmental conservation law for deposit in
the fund's industry fee transfer account; [(d)] (B) all moneys paid into
the fund pursuant to section 72-0201 of the  environmental  conservation
law  which  shall  be  deposited  in  the  fund's  industry fee transfer
account; [(e)] (C) all moneys paid into the fund pursuant  to  paragraph
(b)  of subdivision one of section one hundred eighty-six of the naviga-
tion law which shall be deposited in the fund's  industry  fee  transfer
account; [(f)] (D) all [monies] MONEYS recovered under sections 56-0503,

S. 2007--A                         160

56-0505  and  56-0507  of  the  environmental  conservation law into the
fund's environmental restoration project account;  [(g)]  (E)  all  fees
paid  into  the  fund  pursuant  to section 72-0402 of the environmental
conservation  law  which  shall  be deposited in the fund's industry fee
transfer account; [(h)]  (F)  payments  received  for  all  state  costs
incurred  in negotiating and overseeing the implementation of brownfield
site cleanup agreements pursuant to title fourteen  of  article  twenty-
seven  of  the  environmental conservation law shall be deposited in the
hazardous waste remediation oversight and assistance  account;  (G)  ALL
MONEYS RECOVERED PURSUANT TO TITLE TWELVE OF ARTICLE TWENTY-SEVEN OF THE
ENVIRONMENTAL  CONSERVATION LAW INTO THE FUND'S SOLID WASTE AND DRINKING
WATER EMERGENCY ACTION ACCOUNT and [(i)] (H) other  moneys  credited  or
transferred  thereto  from  any  other fund or source for deposit in the
fund's [site investigation and  construction]  HAZARDOUS  WASTE  CLEANUP
account.
  (i)  with  respect  to moneys in the hazardous waste remediation over-
sight and assistance account, non-bondable costs associated with hazard-
ous waste remediation projects. Such costs shall be  limited  to  agency
staff  costs  associated with the administration of state assistance for
brownfield opportunity areas pursuant to section nine hundred  seventy-r
of  the  general  municipal  law, agency staff costs associated with the
administration of technical assistance grants pursuant to  titles  thir-
teen and fourteen of article twenty-seven of the environmental conserva-
tion  law,  and  costs  of  the department of environmental conservation
related to the geographic information system required by section  3-0315
of the environmental conservation law; [and]
  (j)  with  respect  to moneys in the hazardous waste remediation over-
sight and assistance account, technical assistance  grants  pursuant  to
titles  thirteen  and  fourteen  of article twenty-seven of the environ-
mental conservation law[.]; AND
  (K) WITH RESPECT TO MONEYS IN THE SOLID WASTE AND DRINKING WATER EMER-
GENCY ACTION ACCOUNT, WHEN ALLOCATED, SHALL BE AVAILABLE TO THE  DEPART-
MENT  OF  ENVIRONMENTAL  CONSERVATION  TO UNDERTAKE INVESTIGATION AND/OR
REMEDIATION AS THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION  MAY  DETER-
MINE  NECESSARY DUE TO ENVIRONMENTAL CONDITIONS RELATED TO A SOLID WASTE
SITE PURSUANT TO TITLE TWELVE OF ARTICLE TWENTY-SEVEN  OF  THE  ENVIRON-
MENTAL CONSERVATION LAW WHICH INDICATES THAT CONDITIONS ON SUCH PROPERTY
ARE  IMPAIRING  DRINKING WATER QUALITY, GROUND WATER QUALITY OR CREATING
OTHER ENVIRONMENTAL CONTAMINATION AND TO ENSURE THE  PROVISION  OF  SAFE
DRINKING  WATER IN AREAS DETERMINED TO HAVE DRINKING WATER CONTAMINATION
BY THE DEPARTMENT OF HEALTH.
  6. The commissioner of the department  of  environmental  conservation
shall  make  all  reasonable  efforts  to recover the full amount of any
funds expended from the fund pursuant to paragraph (a) AND PARAGRAPH (K)
of subdivision three of this section through litigation  or  cooperative
agreements  with  responsible  persons.  Any and all moneys recovered or
reimbursed pursuant to this  section  through  voluntary  agreements  or
court orders shall be deposited with the comptroller and credited to the
account of such fund from which such expenditures were made.
  § 6. Intentionally omitted.
  § 7. Intentionally omitted.
  § 8. Section 1285-q of the public authorities law, as added by section
6  of  part  I of chapter 1 of the laws of 2003, subdivisions 1 and 3 as
amended by section 43 of part BB of chapter 56 of the laws of  2015,  is
amended to read as follows:

S. 2007--A                         161

  §  1285-q.  Financing  of  hazardous  waste site remediation AND SOLID
WASTE AND DRINKING WATER EMERGENCY ACTION SITE  projects.  In  order  to
effectuate  the  purposes  of this title, the corporation shall have the
following additional special powers:
  1.  Subject  to  chapter  fifty-nine  of the laws of two thousand, but
notwithstanding any other provisions of law to the contrary, in order to
assist the corporation in undertaking the administration and the financ-
ing of hazardous waste site remediation  projects  for  payment  of  the
state's  share  of the costs of the remediation of hazardous waste sites
AND SOLID WASTE AND DRINKING WATER EMERGENCY ACTION SITES, in accordance
with [title] TITLES TWELVE AND thirteen of article twenty-seven  of  the
environmental  conservation  law and section ninety-seven-b of the state
finance law, and for payment of state costs associated with the  remedi-
ation  of  offsite contamination at significant threat sites as provided
in section 27-1411 of the environmental conservation law, and  beginning
in  state  fiscal  year  two thousand fifteen - two thousand sixteen for
environmental restoration projects pursuant to  title  five  of  article
fifty-six  of  the  environmental conservation law provided that funding
for such projects shall not exceed ten percent of the funding  appropri-
ated  for  the  purposes  of  financing hazardous waste site remediation
projects, pursuant to [title] TITLES  TWELVE  AND  thirteen  of  article
twenty-seven  of  the environmental conservation law in any state fiscal
year pursuant to capital appropriations made to the department of  envi-
ronmental  conservation,  the director of the division of budget and the
corporation are each authorized  to  enter  into  one  or  more  service
contracts,  none  of  which  shall exceed twenty years in duration, upon
such terms and conditions as the director and the corporation may agree,
so as to annually provide to the corporation in the aggregate, a sum not
to exceed the annual debt service payments and related expenses required
for any bonds and notes authorized pursuant to  section  twelve  hundred
ninety of this title. Any service contract entered into pursuant to this
section shall provide that the obligation of the state to fund or to pay
the  amounts  therein  provided  for  shall not constitute a debt of the
state within the meaning of any constitutional  or  statutory  provision
and shall be deemed executory only to the extent of moneys available for
such  purposes,  subject to annual appropriation by the legislature. Any
such service contract or any payments made or to be made thereunder  may
be assigned and pledged by the corporation as security for its bonds and
notes,  as  authorized pursuant to section twelve hundred ninety of this
title.
  2. The comptroller is hereby authorized to  receive  from  the  corpo-
ration  any  portion of bond proceeds paid to provide funds for or reim-
burse the state for its costs associated with any hazardous  waste  site
remediation AND SOLID WASTE AND DRINKING WATER EMERGENCY ACTION projects
and  to  credit  such  amounts to the capital projects fund or any other
appropriate fund.
  3. The maximum amount of bonds that may be issued for the  purpose  of
financing  hazardous waste site remediation AND SOLID WASTE AND DRINKING
WATER EMERGENCY ACTION projects and environmental  restoration  projects
authorized  by  this  section  shall  not exceed two billion two hundred
million dollars and shall not exceed one  hundred  million  dollars  for
appropriations  enacted  for  any  state  fiscal year, provided that the
bonds not issued for such appropriations may be issued pursuant to reap-
propriation in subsequent fiscal years. No bonds shall be issued for the
repayment of any new appropriation enacted after March thirty-first, two
thousand  twenty-six  for  hazardous  waste  site  remediation  projects

S. 2007--A                         162

authorized  by  this  section.  Amounts  authorized to be issued by this
section shall be exclusive of bonds issued  to  fund  any  debt  service
reserve  funds,  pay costs of issuance of such bonds, and bonds or notes
issued  to  refund  or otherwise repay bonds or notes previously issued.
Such bonds and notes of the corporation shall  not  be  a  debt  of  the
state,  and  the  state  shall  not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by this state  to
the  corporation  for  debt service and related expenses pursuant to any
service contracts executed pursuant to subdivision one of this  section,
and  such  bonds and notes shall contain on the face thereof a statement
to such effect.
  § 9. Subdivision 9 of  section  97-b  of  the  state  finance  law  is
REPEALED.
  §  10. Subdivision 4 of section 52-0303 of the environmental conserva-
tion law, as added by chapter 512 of the laws of  1986,  is  amended  to
read as follows:
  4. A provision that in the event that any federal payments and respon-
sible  party  payments  become  available which were not included in the
calculation of the state share  pursuant  to  subdivision  two  of  this
section, the amount of the state share shall be recalculated accordingly
and  the  municipality shall pay to the state for deposit in the [design
and construction] HAZARDOUS WASTE CLEANUP account of the hazardous waste
remedial fund established under  section  ninety-seven-b  of  the  state
finance  law the amount by which the state payment actually made exceeds
the recalculated state share.
  § 11. The opening paragraph, and paragraphs i and j of  subdivision  4
of  section 27-1305 of the environmental conservation law, as amended by
section 3 of part E of chapter 1 of the laws of  2003,  are  amended  to
read as follows:
  On or before July first, nineteen hundred eighty-six and July first of
each  succeeding  year,  the department shall prepare a status report on
the implementation of the plan, and an update of the  policies,  program
objectives,  methods  and strategies as outlined in the plan which guide
the overall inactive hazardous waste site remediation program AND  SOLID
WASTE SITE AND DRINKING WATER EMERGENCY ACTION INVESTIGATION AND REMEDI-
ATION  PROGRAMS.  Such status report shall reflect information available
to the department as of March  thirty-first  of  each  year,  and  shall
include an accounting of all [monies] MONEYS expended or encumbered from
the environmental quality bond act of nineteen hundred eighty-six or the
hazardous  waste  remedial  fund  during the preceding fiscal year, such
accounting to separately list:
  i. [monies]  MONEYS  expended  or  encumbered  in  stand-by  contracts
entered into pursuant to section 3-0309 of this chapter and the purposes
for which these stand-by contracts were entered into; [and]
  j.    MONEYS  EXPENDED  OR ENCUMBERED PURSUANT TO TITLE TWELVE OF THIS
ARTICLE; AND
  K. an accounting of payments received and  payments  obligated  to  be
received  pursuant to this title AND TITLE TWELVE OF THIS ARTICLE, and a
report of the department's attempts to secure such obligations.
  § 12. Intentionally omitted.
  § 13. Intentionally omitted.
  § 14. The section heading and subdivision 1 of section 27-1316 of  the
environmental conservation law, as added by section 8 of part E of chap-
ter 1 of the laws of 2003, are amended to read as follows:
  [Citizen technical] TECHNICAL assistance grants.

S. 2007--A                         163

  1. The commissioner is authorized to provide, or order a person acting
under  order  or  on  consent, to provide grants to any ELIGIBLE MUNICI-
PALITY OR not-for-profit corporation exempt from taxation under  section
501(c)(3)  of  the internal revenue code who may be affected by an inac-
tive  hazardous  waste  disposal  site  remedial  program. To qualify to
receive such assistance, a community group  must  demonstrate  that  its
membership  represents  the  interests of the community affected by such
site, and that members', OR IN THE CASE OF A MUNICIPALITY ITS RESIDENTS,
health, economic well-being or enjoyment of the environment  are  poten-
tially affected by such site.  AN ELIGIBLE MUNICIPALITY SHALL BE A COUN-
TY,  CITY,  TOWN, VILLAGE, OR INDIAN TRIBE OR NATION RESIDING WITHIN NEW
YORK STATE, WITH A POPULATION OF TEN THOUSAND OR LESS, PROVIDED,  HOWEV-
ER,  THAT  THE  DEPARTMENT MAY MAKE A MUNICIPALITY ELIGIBLE IF IT DETER-
MINES THAT A MUNICIPALITY IS A HARDSHIP COMMUNITY. A MUNICIPALITY  SHALL
NOT  BE  ELIGIBLE  FOR  A  GRANT FOR ANY SITE WHICH IS OWNED OR HAS BEEN
OPERATED BY SUCH MUNICIPALITY. Such grants shall be known  as  technical
assistance  grants  and  may  be  used to obtain technical assistance in
interpreting information with regard to the nature of the  hazard  posed
by  hazardous  waste  located at or emanating from an inactive hazardous
waste disposal site or sites and the development and  implementation  of
an  inactive hazardous waste disposal site remedial program or programs.
Such grants may also be used:
  (a) to advise affected residents on any health assessment; and
  (b) for training funds for the education of interested affected commu-
nity members OR MUNICIPALITY to enable them to more effectively  partic-
ipate in the remedy selection process.
  Grants  awarded under this section may not be used for the purposes of
collecting field sampling data, political activity or lobbying  legisla-
tive bodies.
  §  15. Subdivision 1 of section 27-1321 of the environmental conserva-
tion law, as amended by section 22 of part G of chapter 58 of  the  laws
of 2012, is amended to read as follows:
  1.  Notwithstanding  any  other  provision of law to the contrary, any
person who is, by professional training or  experience  and  attainment,
qualified  to analyze and interpret matters pertaining to the treatment,
storage, disposal, or transport  of  hazardous  materials  or  hazardous
wastes,  and who voluntarily and without expectation of monetary compen-
sation provides assistance or advice in mitigating  the  effects  of  an
accidental or threatened discharge of any hazardous materials or hazard-
ous  wastes,  or  in  preventing,  cleaning up, or disposing of any such
discharge, shall not be subject to a penalty or to civil  liability  for
damages  or  injuries  alleged  to  have been sustained by any person or
entity by reason of an act or omission in the giving of such  assistance
or advice. For the purposes of this section, the term "hazardous materi-
als"  shall have the same meaning as that term is defined in regulations
promulgated by the commissioner of transportation  pursuant  to  section
fourteen-f  of  the  transportation law, and the term "hazardous wastes"
shall mean those wastes identified or listed pursuant to SUBDIVISION ONE
OF section [27-0903] 27-1301 of this article and  any  rules  and  regu-
lations promulgated thereunder.
  § 16. Intentionally omitted.
  §  17. Paragraph a of subdivision 1 of section 71-2725 of the environ-
mental conservation law is REPEALED.
  § 18. Intentionally omitted.
  § 18-a. Concentrated animal  feeding  operations  assistance  program.
Notwithstanding any provision of law to the contrary, and within amounts

S. 2007--A                         164

appropriated therefor, the department shall provide financial assistance
to  soil and water conservation districts for the reimbursement of costs
for the construction of manure storage facilities  for  farms  or  other
entities  designated  as  concentrated animal feeding operations for the
purpose of being in compliance  with  federal  and  state  environmental
regulations.
  § 19. Section 15-1303 of the environmental conservation law is amended
by adding a new subdivision 7 to read as follows:
  7.  ESTABLISH,  IN  CONJUNCTION  WITH  THE  COMMISSIONER OF HEALTH, AN
ONLINE TRACKING AND MAPPING SYSTEM  FOR  NEW  YORK  WATER,  WHICH  SHALL
INCLUDE BUT NOT BE LIMITED TO, TWO SEPARATE DATABASES: ONE TO TRACK BOTH
FEDERALLY REGULATED CONTAMINANTS AND EMERGING CONTAMINANTS AS DEFINED BY
PARAGRAPH (A) OF SUBDIVISION 2 OF SECTION 1112 OF THE PUBLIC HEALTH LAW,
WHERE  THEY  HAVE BEEN DETECTED AND AT WHAT LEVELS, AND ANOTHER TO TRACK
REMEDIATION AND INFRASTRUCTURE NEEDS,  PROJECTS  PAST  AND  PRESENT  AND
AREAS  WITH  ONGOING  WATER  ISSUES. THE COMMISSIONER SHALL ALSO INCLUDE
INFORMATION RECOMMENDED BY THE DRINKING WATER QUALITY  INSTITUTE  ESTAB-
LISHED  UNDER  SECTION  267 OF THE PUBLIC HEALTH LAW WITHIN THE TRACKING
AND MAPPING SYSTEM AND SHALL REPORT ANNUALLY TO SUCH  INSTITUTE,  BEGIN-
NING NO LATER THAN APRIL FIRST, TWO THOUSAND EIGHTEEN.
  §  20. If any clause, sentence, paragraph, 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 ther-
eof,  but  shall  be  confined in its operation to the clause, sentence,
paragraph, section or part thereof directly involved in the  controversy
in which such judgment shall have been rendered.
  § 21. This act shall take effect immediately; provided, however, that:
  (a)  section  two-a of this act shall not take effect unless and until
it shall have been submitted to the people at the general election to be
held in November 2018, and shall have received a majority of  all  votes
cast  for and against it at such election.  Upon approval by the people,
section two-a of this act shall take effect immediately.
  The ballots to be furnished for the use of voters upon  submission  of
section  two-a  of  this  act  shall  be  in  the form prescribed by the
election law and the proposition or question to be  submitted  shall  be
printed  thereon  in  substantially  the  following form, namely, "Shall
section 2-a of part X of chapter (here insert the number of the chapter)
of the laws of 2017, known as the clean water bond act of 2017,  author-
izing the creation of a state debt in the amount of five billion dollars
($5,000,000,000),  to  provide moneys exclusively for the implementation
of the New York state regional water infrastructure improvement  act  of
2017 be approved?"; and
  (b)  sections  four-b,  four-c,  four-d, four-e and four-f of this act
shall take effect April 1, 2017.
  § 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 X of this act shall  be
as specifically set forth in the last section of such Parts.