NY State Senate Bill 2017-S8093

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 01, 2018	signed chap.106
Jun 28, 2018	delivered to governor
Jun 13, 2018	returned to senate passed assembly ordered to third reading rules cal.117 substituted for a10221a
Jun 04, 2018	referred to ways and means delivered to assembly passed senate
May 14, 2018	amended on third reading (t) 8093a
May 07, 2018	advanced to third reading
May 02, 2018	2nd report cal.
May 01, 2018	1st report cal.983
Mar 28, 2018	referred to health

Votes

- Jun 4, 2018 - Floor Vote
  S8093
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 4, 2018
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Croci
  May 1, 2018 - Health Committee Vote
  S8093
  
  16
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 1, 2018
      
      aye (16)
      
      Felder
      
      Golden
      
      Hannon
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Larkin
      
      Little
      
      Montgomery
      
      Murphy
      
      Persaud
      
      Ritchie
      
      Rivera
      
      Seward
      
      Stavisky
      
      Valesky

Bill Amendments

Original

A (Active)

2017-S8093 - Details

Law Section:: Public Health
Laws Affected:: Amd §5, Chap 426 of 1983; amd §5, Chap 582 of 1984; amd part B §60, Chap 57 of 2015; amd §246, Chap 81 of 1995; amd part C §71, Chap 60 of 2014

2017-S8093 - Summary

Relates to extending certain provisions of the public health law and the social services law.

2017-S8093 - Sponsor Memo

                                
 
BILL NUMBER: S8093

SPONSOR: HANNON
 
TITLE OF BILL:

An act to amend chapter 426 of the laws of 1983, amending the public
health law relating to professional misconduct proceedings, in relation
to the effectiveness of certain provisions thereof; to amend chapter 582
of the laws of 1984, amending the public health law relating to regulat-
ing activities of physicians, in relation to the effectiveness of
certain provisions thereof; to amend chapter 57 of the laws of 2015,
amending the social services law and other laws relating to energy
audits and/or disaster preparedness reviews of residential healthcare
facilities by the commissioner, in relation to the effectiveness of
certain provisions thereof; to amend chapter 81 of the laws of 1995,
amending the public health law and other laws relating to medical
reimbursement and welfare reform, in relation to extending the effec-
tiveness of certain provisions thereof; and 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

PURPOSE OF THE BILL:

To extend several public health law (PHL) provisions, and one social
services law (SSL) provision, set to expire in 2018.

 
SUMMARY OF PROVISIONS:

Section one of the bill would extend section 5 of chapter 426 of the
laws of 1983, which relates to professional misconduct proceedings,
until July 1, 2023.

Section two of the bill would extend section 5 of chapter 582 of the
laws of 1984, which provides immunity from liability for members of any
physician committee acting without malice and within the scope of such
member's functions, until July 1, 2023.

Section three of the bill would extend Section 60 of part B of chapter
57 of the laws of 2015, which relates to energy audits and/or disaster
preparedness reviews of residential health care facilities by the
Commissioner of Health, until July 1, 2021.

Section four of the bill would extend subdivision 12 of section 246 of
chapter 81 of the laws of 1995, which relates to limited home care
services agencies, until June 30, 2019.

Section five of the bill would extend subdivision 4-a of section 71 of
part C of chapter 60 of the laws of 2014 amending the social services,
which relates to fair hearings held in connection with appeals under the
fully integrated duals advantage program, until January 1, 2021.

Section six of the bill sets forth the bill's effective date, which is
effective immediately.

 
JUSTIFICATION:

This bill is necessary to ensure the continuation of specific laws of
critical importance to the Department of Health: PHL § 230 sets forth
parameters governing the state board for professional medical conduct,
PHL § 2808 relates to energy audits for residential health care facili-
ties, PHL § 3602 sets forth the definitions for Article 36, which
governs home care services, PHL § 3605 relates to licensure of home care
services agencies, and SSL § 22(2-a) relates to fair hearings held in
connection with appeals under the fully integrated dual advantage demon-
stration program.

 
PRIOR LEGISLATIVE HISTORY:

PHL § 230(10)(a), 11(c)(ii) and 11(g) were last extended in 2013, for an
additional five years.

PHL § 230(11)(g)(v), 11(g)(vi), and PHL § 230(15) were last extended in
2013, for an additional five years.

PHL § 2808 was enacted in 2013 and has yet to be extended.

PHL §§ 3602 and 3605 were last extended in 2017, for an additional year.

SSL § 22(2-a) was last extended in 2017, for an additional year.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2017-S8093 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8093
 
                             I N  S E N A T E
 
                              March 28, 2018
                                ___________
 
 Introduced by Sen. HANNON -- (at request of the Department of Health) --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Health
 
 AN ACT to amend chapter 426 of the laws of  1983,  amending  the  public
   health   law  relating  to  professional  misconduct  proceedings,  in
   relation to the effectiveness of certain provisions thereof; to  amend
   chapter 582 of the laws of 1984, amending the public health law relat-
   ing  to regulating activities of physicians, in relation to the effec-
   tiveness of certain provisions thereof; to amend  chapter  57  of  the
   laws of 2015, amending the social services law and other laws relating
   to  energy  audits and/or disaster preparedness reviews of residential
   healthcare facilities by the commissioner, in relation to  the  effec-
   tiveness  of  certain  provisions  thereof; to amend chapter 81 of the
   laws of 1995, amending the public health law and other  laws  relating
   to  medical reimbursement and welfare reform, in relation to extending
   the effectiveness of certain provisions thereof; and 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
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 5 of chapter 426 of the laws of 1983, amending  the
 public  health  law  relating to professional misconduct proceedings, as
 amended by section 22 of part B of chapter 56 of the laws  of  2013,  is
 amended to read as follows:
   §  5. This act shall take effect June 1, 1983 and shall remain in full
 force and effect until [March 31, 2018] JULY 1, 2023.
   § 2. Section 5 of chapter 582 of the laws of 1984, amending the public
 health law relating to regulating activities of physicians,  as  amended
 by section 23 of part B of chapter 56 of the laws of 2013, is amended to
 read as follows:
   § 5. This act shall take effect immediately, provided however that the
 provisions  of  this  act  shall  remain  in full force and effect until
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14386-01-8

 S. 8093                             2
 
 [March 31, 2018] JULY 1, 2023 at which time the provisions of  this  act
 shall be deemed to be repealed.
   §  3.  Subdivision 5 of section 60 of part B of chapter 57 of the laws
 of 2015, amending the social services law and  other  laws  relating  to
 energy  audits  and/or  disaster  preparedness  reviews  of  residential
 healthcare facilities  by  the  commissioner,  is  amended  to  read  as
 follows:
   5.  section  thirty-eight  of  this  act  shall  expire  and be deemed
 repealed [March 31, 2018] JULY 1, 2021;
   § 4. Subdivision 12 of section 246 of chapter 81 of the laws of  1995,
 amending  the  public  health  law  and  other  laws relating to medical
 reimbursement and welfare reform, as amended by chapter 49 of  the  laws
 of 2017, is amended to read as follows:
   12. Sections one hundred five-b through one hundred five-f of this act
 shall expire June 30, [2018] 2019.
   § 5. 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 2 of part I of chapter 57 of the laws of 2017, 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, [2019] 2021;
   § 6. This act shall take effect immediately.

2017-S8093A (ACTIVE) - Details

Law Section:: Public Health
Laws Affected:: Amd §5, Chap 426 of 1983; amd §5, Chap 582 of 1984; amd part B §60, Chap 57 of 2015; amd §246, Chap 81 of 1995; amd part C §71, Chap 60 of 2014

2017-S8093A (ACTIVE) - Summary

Relates to extending certain provisions of the public health law and the social services law.

2017-S8093A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8093A

SPONSOR: HANNON
 
TITLE OF BILL:

An act to amend chapter 426 of the laws of 1983, amending the public
health law relating to professional misconduct proceedings, in relation
to the effectiveness of certain provisions thereof; to amend chapter 582
of the laws of 1984, amending the public health law relating to regulat-
ing activities of physicians, in relation to the effectiveness of
certain provisions thereof; to amend the public health law, in relation
to extending the demonstration period in certain physician committees;
to amend chapter 57 of the laws of 2015, amending the social services
law and other laws relating to energy audits and/or disaster prepared-
ness reviews of residential healthcare facilities by the commissioner,
in relation to the effectiveness of certain provisions thereof; to amend
chapter 81 of the laws of 1995, amending the public health law and other
laws relating to medical reimbursement and welfare reform, in relation
to extending the effectiveness of certain provisions thereof; and 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

 
SUMMARY OF PROVISIONS:

Section one of the bill would extend section 5 of chapter 426 of the
laws of 1983, which relates to professional misconduct proceedings,
until July 1, 2023.

Section two of the bill would extend section 5 of chapter 582 of the
laws of 1984, which provides immunity from liability for members of any
physician committee acting without malice and within the scope of such
member's functions, until July 1, 2023.

Section three of the bill would amend PHL 230(11)(ii)(c) to extend the
demonstration period for the physician committee of the Medical Society
of the State of New York or the New York State Osteopathic Society,
whose purpose is to confront and refer to treatment physicians who are
thought to be suffering from alcoholism, drug abuse or mental illness,
until July 1, 2023, in conformance with section two of this bill.

Section four of the bill would extend Section 60 of part B of chapter 57
of the laws of 2015, which relates to energy audits and/or disaster
preparedness reviews of residential health care facilities by the
Commissioner of Health, until July 1, 2021.

Section five of the bill would extend subdivision 12 of section 246 of
chapter 81 of the laws of 1995, which relates to limited home care
services agencies, until June 30, 2019.

Section six of the bill would extend subdivision 4-a of section 71 of
part C of chapter 60 of the laws of 2014 amending the social services,
which relates to fair hearings held in connection with appeals under the
fully integrated duals advantage program, until January 1. 2021.

Section seven of the bill sets forth the bill's effective date, which is
effective immediately, and specifies that sections one and two of the
bill are deemed to have been in full force and effect on and after March
31, 2018.
 
JUSTIFICATION:

This bill is necessary to ensure the continuation of specific laws of
critical importance to the Department of Health: PHL § 230 sets forth
parameters governing the state board for professional medical conduct,
PHL § 2808 relates to energy audits for residential health care facili-
ties, PHL § 3602 sets forth the definitions for Article 36, which
governs home care services, PHL § 3605 relates to licensure of home care
services agencies, and SSL § 22(2-a) relates to fair hearings held in
connection with appeals under the fully integrated dual advantage demon-
stration program. In addition, the bill pushes the expiration month and
day to July 1st for the provisions of law, related to the state board of
professional medical conduct found in sections one, two, and three of
the bill in order to avoid the expiration of those laws during the end
of the state budget cycle.

 
PRIOR LEGISLATIVE HISTORY:

PHL § 230(10)(a) and 11(g) were last extended in 2013, for an additional
five years.

PHL § 230(11)(ii)(c) was last extended in the 2018 Health and Mental
Hygiene Article VII budget bill (S.7507-C/A. A9507-C) for an additional
five years.

PHL § 230(11)(g)(v), 11(g)(vi), and PHL § 230(15) were last extended in
2013, for an additional five years.

PHL § 2808(27) was enacted in 2013 and has yet to be extended.

PHL §§ 3602 and 3605 were last extended in 2017, for an additional year.

SSL § 22(2-a) was last extended in 2017, for an additional year.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately, with sections one and two of the bill deemed to have been
in full force and effect on and after March 31, 2018.

2017-S8093A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8093--A
     Cal. No. 983
 
                             I N  S E N A T E
 
                              March 28, 2018
                                ___________
 
 Introduced by Sen. HANNON -- (at request of the Department of Health) --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Health -- reported  favorably  from  said  committee,
   ordered  to  first  and  second  report,  ordered  to a third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading

 AN  ACT  to  amend  chapter 426 of the laws of 1983, amending the public
   health  law  relating  to  professional  misconduct  proceedings,   in
   relation  to the effectiveness of certain provisions thereof; to amend
   chapter 582 of the laws of 1984, amending the public health law relat-
   ing to regulating activities of physicians, in relation to the  effec-
   tiveness  of  certain  provisions  thereof; to amend the public health
   law, in relation to extending  the  demonstration  period  in  certain
   physician  committees; to amend chapter 57 of the laws of 2015, amend-
   ing the social services law and other laws relating to  energy  audits
   and/or disaster preparedness reviews of residential healthcare facili-
   ties  by the commissioner, in relation to the effectiveness of certain
   provisions thereof; to amend chapter 81 of the laws of 1995,  amending
   the public health law and other laws relating to medical reimbursement
   and  welfare  reform,  in  relation  to extending the effectiveness of
   certain provisions thereof; and to amend chapter 60  of  the  laws  of
   2014,  amending  the social services law relating to eliminating pres-
   criber prevails for brand name  drugs  with  generic  equivalents,  in
   relation to the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 5 of chapter 426 of the laws of 1983, amending  the
 public  health  law  relating to professional misconduct proceedings, as
 amended by section 22 of part B of chapter 56 of the laws  of  2013,  is
 amended to read as follows:
   §  5. This act shall take effect June 1, 1983 and shall remain in full
 force and effect until [March 31, 2018] JULY 1, 2023.
   § 2. Section 5 of chapter 582 of the laws of 1984, amending the public
 health law relating to regulating activities of physicians,  as  amended

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14386-02-8

 S. 8093--A                          2
 
 by section 23 of part B of chapter 56 of the laws of 2013, is amended to
 read as follows:
   § 5. This act shall take effect immediately, provided however that the
 provisions  of  this  act  shall  remain  in full force and effect until
 [March 31, 2018] JULY 1, 2023 at which time the provisions of  this  act
 shall be deemed to be repealed.
   §  3.  Subparagraph (ii) of paragraph (c) of subdivision 11 of section
 230 of the public health law, as amended by section 5-c of part T  of  a
 chapter  of the laws of 2018, amending the public health law relating to
 participation and membership in a demonstration period  as  proposed  in
 legislative  bill numbers S. 7507-C and A. 9507-C, is amended to read as
 follows:
   (ii) Participation and membership during a  three  year  demonstration
 period  in  a physician committee of the Medical Society of the State of
 New York or the New York State Osteopathic Society whose purpose  is  to
 confront and refer to treatment physicians who are thought to be suffer-
 ing  from  alcoholism, drug abuse, or mental illness. Such demonstration
 period shall commence on April first, nineteen hundred eighty and termi-
 nate on May thirty-first, nineteen hundred eighty-three.  An  additional
 demonstration  period  shall  commence  on  June first, nineteen hundred
 eighty-three and  terminate  on  March  thirty-first,  nineteen  hundred
 eighty-six.  An  additional demonstration period shall commence on April
 first, nineteen hundred eighty-six and terminate on March  thirty-first,
 nineteen  hundred  eighty-nine. An additional demonstration period shall
 commence April first, nineteen hundred eighty-nine and  terminate  March
 thirty-first,  nineteen  hundred ninety-two. An additional demonstration
 period shall commence  April  first,  nineteen  hundred  ninety-two  and
 terminate  March  thirty-first,  nineteen  hundred ninety-five. An addi-
 tional demonstration period shall  commence  on  April  first,  nineteen
 hundred  ninety-five  and  terminate  on  March  thirty-first,  nineteen
 hundred ninety-eight. An additional demonstration period shall  commence
 on  April  first,  nineteen  hundred ninety-eight and terminate on March
 thirty-first, two thousand three.  An  additional  demonstration  period
 shall commence on April first, two thousand three and terminate on March
 thirty-first,  two thousand thirteen. An additional demonstration period
 shall commence April first, two thousand thirteen and terminate on March
 thirty-first, two thousand eighteen. An additional demonstration  period
 shall  commence  April  first,  two  thousand  eighteen and terminate on
 [March thirty-first] JULY FIRST,  two  thousand  twenty-three  provided,
 however,  that  the  commissioner  may  prescribe  requirements  for the
 continuation of such demonstration program, including  periodic  reviews
 of  such  programs  and  submission of any reports and data necessary to
 permit such reviews. During these additional periods, the provisions  of
 this  subparagraph shall also apply to a physician committee of a county
 medical society.
   § 4. Subdivision 5 of section 60 of part B of chapter 57 of  the  laws
 of  2015,  amending  the  social services law and other laws relating to
 energy  audits  and/or  disaster  preparedness  reviews  of  residential
 healthcare  facilities  by  the  commissioner,  is  amended  to  read as
 follows:
   5. section thirty-eight  of  this  act  shall  expire  and  be  deemed
 repealed [March 31, 2018] JULY 1, 2021;
   §  5. Subdivision 12 of section 246 of chapter 81 of the laws of 1995,
 amending the public health  law  and  other  laws  relating  to  medical
 reimbursement  and  welfare reform, as amended by chapter 49 of the laws
 of 2017, is amended to read as follows:

 S. 8093--A                          3
 
   12. Sections one hundred five-b through one hundred five-f of this act
 shall expire June 30, [2018] 2019.
   § 6. 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 2 of part I of chapter 57 of the laws of 2017, 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, [2019] 2021;
   § 7. This act shall take effect immediately;  provided  however,  that
 sections  one,  two and four of this act shall be deemed to have been in
 full force and effect on and after March 31, 2018; and provided further,
 that section three of this act shall take effect on the same date and in
 the same manner as a chapter of the laws of 2018,  amending  the  public
 health  law  relating to participation and membership in a demonstration
 period as proposed in legislative bill numbers S. 7507-C and A.  9507-C,
 takes effect.

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Senate Bill S8093

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 4, 2018 - Floor Vote

Floor Vote: Jun 4, 2018

May 1, 2018 - Health Committee Vote

Health Committee Vote: May 1, 2018

Bill Amendments

2017-S8093 - Details

2017-S8093 - Summary

2017-S8093 - Sponsor Memo

2017-S8093 - Bill Text download pdf

2017-S8093A (ACTIVE) - Details

2017-S8093A (ACTIVE) - Summary

2017-S8093A (ACTIVE) - Sponsor Memo

2017-S8093A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8093

Share this bill

Sponsored By

Kemp Hannon

Archive: Last Bill Status - Signed by Governor

Bill Amendments

2017-S8093 - Details

2017-S8093 - Summary

2017-S8093 - Sponsor Memo

2017-S8093 - Bill Text download pdf

2017-S8093A (ACTIVE) - Details

2017-S8093A (ACTIVE) - Summary

2017-S8093A (ACTIVE) - Sponsor Memo

2017-S8093A (ACTIVE) - Bill Text download pdf

Comments