The New York State Senate

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

    S. 2007--B                                            A. 3007--B

                      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 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee  on  Ways  and  Means -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee

AN ACT intentionally omitted (Part A); intentionally omitted  (Part  B);
  intentionally  omitted  (Part  C);  to amend the public health law, in
  relation to controlling drug costs; to amend the social services  law,
  in  relation to the drug utilization review board; to amend the social
  services law, in relation to Medicaid reimbursement of covered  outpa-
  tient  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  reducing  Medicaid
  coverage  and  increasing  copayments  for  non-prescription drugs, to
  aligning pharmacy copayment requirements with federal regulations, and
  to adjusting consumer price index penalties for  generic  drugs  (Part
  D);  to  amend the social services law, in relation to fiscal interme-
  diary certification under the consumer  directed  personal  assistance
  program;  and  to amend the public health law, in relation to reserved
  bed days and  establishing  a  prospective  per  diem  adjustment  for
  certain  nursing  homes  (Part  E); intentionally omitted (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 (Part G); to amend the New York Health Care
  Reform Act of 1996, in relation to extending certain provisions relat-
  ing thereto; to amend the New York Health Care Reform Act of 2000,  in
  relation  to  extending  the  effectiveness  of provisions thereof; to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12571-04-7

S. 2007--B                          2                         A. 3007--B

  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 assessments on covered lives; to amend chapter 600 of
  the laws of 1986 amending the public health law relating to the devel-
  opment 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; to
  amend the public health law, in relation to the comprehensive diagnos-
  tic 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  certain  funds; 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 appor-
  tioning premium for certain policies; to amend part J of chapter 63 of
  the laws of 2001 amending chapter 266 of the laws  of  1986,  amending
  the  civil  practice law and rules and other laws relating to malprac-
  tice and  professional  medical  conduct,  in  relation  to  extending
  certain  provisions concerning the hospital excess liability pool; and
  to amend the public health law, in relation  to  tobacco  control  and
  insurance  initiatives  pool  distributions (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 amending the social services law relat-
  ing  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  legis-
  lation 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 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 effec-
  tiveness 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 effectiveness thereof; to
  amend chapter 19 of the laws of 1998, amending the social services law

S. 2007--B                          3                         A. 3007--B

  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; 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; and to amend the public health law, in relation to
  issuance  of  certificates  of authority to accountable care organiza-
  tions (Part I); intentionally omitted (Part J); intentionally  omitted
  (Part  K);  intentionally omitted (Part L); to amend the public health
  law, in relation to emerging contaminant monitoring (Part  M);  inten-
  tionally  omitted  (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  an  alternative payment methodology
  requirement; and to amend chapter 111 of the laws of 2010 relating  to
  increasing  Medicaid payments to providers through managed care organ-
  izations and providing equivalent fees through an  ambulatory  patient
  group  methodology,  in  relation  to  extending  government rates for
  behavioral services and  adding  an  alternative  payment  methodology
  requirement  (Part  P);  to  amend part C of chapter 57 of the laws of
  2006, relating to establishing a cost of living adjustment for  desig-
  nated  human  services  programs,  in relation to providing funding to
  increase salaries and related fringe benefits to direct care  workers,
  direct support professionals and clinical workers employed by not-for-
  profits  funded  by the office for people with developmental disabili-
  ties, the office of mental health and the  office  of  alcoholism  and
  substance  abuse services (Part Q); to amend the public health law, in
  relation to establishing the drinking water quality council (Part  R);
  to  amend  the  social  services  law, in relation to health homes; to
  amend the social services law, in relation to managed  care  programs;
  to  amend  the  social  services law, in relation to pasteurized donor
  human milk and ovulation enhancing drugs; to amend the  public  health
  law,  in  relation  to  home  care  worker wage parity; in relation to
  authorizing the commissioner of health to  sell  accounts  receivables
  balances  owed  to the state by Medicaid providers to financial insti-
  tutions; and providing for the expiration of certain provisions  (Part
  S); and to amend the environmental conservation law, the public health
  law,  the  public  authorities law, the state finance law and the soil
  and water conservation districts law, in relation to  the  implementa-
  tion of the "clean water infrastructure act of 2017" (Part T)

S. 2007--B                          4                         A. 3007--B

  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 T. 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

                          Intentionally Omitted

                                 PART D

  Section  1.   The public health law is amended by adding a new section
280 to read as follows:
  § 280. MEDICAID DRUG  CAP.    1.  THE  LEGISLATURE  HEREBY  FINDS  AND
DECLARES  THAT  THERE  IS A SIGNIFICANT PUBLIC INTEREST FOR THE MEDICAID
PROGRAM TO MANAGE DRUG COSTS IN A MANNER  THAT  ENSURES  PATIENT  ACCESS
WHILE  PROVIDING  FINANCIAL  STABILITY  FOR  THE STATE AND PARTICIPATING
PROVIDERS. SINCE TWO THOUSAND ELEVEN, THE STATE  HAS  TAKEN  SIGNIFICANT
STEPS  TO  CONTAIN COSTS IN THE MEDICAID PROGRAM BY IMPOSING A STATUTORY
LIMIT ON ANNUAL GROWTH. DRUG EXPENDITURES, HOWEVER, CONTINUALLY  OUTPACE
OTHER COST COMPONENTS CAUSING SIGNIFICANT PRESSURE ON THE STATE, PROVID-
ERS,  AND  PATIENT ACCESS OPERATING UNDER THE MEDICAID GLOBAL CAP. IT IS
THEREFORE INTENDED THAT THE DEPARTMENT ESTABLISH A MEDICAID DRUG CAP  AS
A SEPARATE COMPONENT WITHIN THE MEDICAID GLOBAL CAP AS PART OF A FOCUSED
AND SUSTAINED EFFORT TO BALANCE THE GROWTH OF DRUG EXPENDITURES WITH THE
GROWTH OF TOTAL MEDICAID EXPENDITURES.
  2.  THE  COMMISSIONER  SHALL  ESTABLISH  A  YEAR TO YEAR DEPARTMENT OF
HEALTH STATE-FUNDS MEDICAID DRUG SPENDING GROWTH TARGET AS FOLLOWS:
  (A) FOR STATE FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO  THOUSAND  EIGH-
TEEN,  BE  LIMITED TO THE TEN-YEAR ROLLING AVERAGE OF THE MEDICAL COMPO-
NENT OF THE CONSUMER PRICE INDEX PLUS FIVE PERCENT AND MINUS A  PHARMACY
SAVINGS TARGET OF FIFTY-FIVE MILLION DOLLARS; AND
  (B)  FOR  STATE  FISCAL YEAR TWO THOUSAND EIGHTEEN--TWO THOUSAND NINE-
TEEN, BE LIMITED TO THE TEN-YEAR ROLLING AVERAGE OF THE  MEDICAL  COMPO-
NENT  OF THE CONSUMER PRICE INDEX PLUS FOUR PERCENT AND MINUS A PHARMACY
SAVINGS TARGET OF EIGHTY-FIVE MILLION DOLLARS.
  3. THE DEPARTMENT AND THE DIVISION OF THE BUDGET  SHALL  ASSESS  ON  A
QUARTERLY BASIS THE PROJECTED TOTAL AMOUNT TO BE EXPENDED IN THE YEAR ON

S. 2007--B                          5                         A. 3007--B

A  CASH  BASIS  BY THE MEDICAID PROGRAM FOR EACH DRUG, AND THE PROJECTED
ANNUAL AMOUNT OF DRUG EXPENDITURES FOR  ALL  DRUGS,  WHICH  SHALL  BE  A
COMPONENT  OF  THE  PROJECTED  DEPARTMENT OF HEALTH STATE FUNDS MEDICAID
EXPENDITURES  CALCULATED FOR PURPOSES OF SECTIONS NINETY-ONE AND NINETY-
TWO OF PART H OF CHAPTER FIFTY-NINE OF THE LAWS OF TWO THOUSAND  ELEVEN.
FOR  PURPOSES  OF  THIS  SECTION, STATE FUNDS MEDICAID DRUG EXPENDITURES
INCLUDE AMOUNTS EXPENDED FOR DRUGS IN BOTH THE MEDICAID  FEE-FOR-SERVICE
AND MEDICAID MANAGED CARE PROGRAMS, MINUS THE AMOUNT OF ANY DRUG REBATES
OR  SUPPLEMENTAL  DRUG  REBATES  RECEIVED  BY  THE DEPARTMENT, INCLUDING
REBATES PURSUANT TO SUBDIVISION FIVE OF THIS  SECTION  WITH  RESPECT  TO
REBATE TARGETS.
  (A) IN THE EVENT THE DIRECTOR OF THE BUDGET DETERMINES, BASED ON MEDI-
CAID DRUG EXPENDITURES FOR THE PREVIOUS QUARTER OR OTHER RELEVANT INFOR-
MATION,  THAT  THE  TOTAL DEPARTMENT OF HEALTH STATE FUNDS MEDICAID DRUG
EXPENDITURE IS PROJECTED TO EXCEED THE ANNUAL GROWTH LIMITATION  IMPOSED
BY  SUBDIVISION  TWO  OF THIS SECTION, THE COMMISSIONER MAY IDENTIFY AND
REFER DRUGS TO THE DRUG UTILIZATION REVIEW BOARD ESTABLISHED BY  SECTION
THREE HUNDRED SIXTY-NINE-BB OF THE SOCIAL SERVICES LAW FOR A RECOMMENDA-
TION  AS TO WHETHER A TARGET SUPPLEMENTAL MEDICAID REBATE SHOULD BE PAID
BY THE MANUFACTURER OF THE DRUG TO THE DEPARTMENT AND THE TARGET  AMOUNT
OF THE REBATE.
  (B)  IF THE DEPARTMENT INTENDS TO REFER A DRUG TO THE DRUG UTILIZATION
REVIEW BOARD PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE  DEPART-
MENT  SHALL  NOTIFY  THE  MANUFACTURER OF SUCH DRUG AND SHALL ATTEMPT TO
REACH AGREEMENT WITH THE MANUFACTURER ON A REBATE FOR THE DRUG PRIOR  TO
REFERRING THE DRUG TO THE DRUG UTILIZATION REVIEW BOARD FOR REVIEW.
  (C)  IN  THE  EVENT  THAT  THE  COMMISSIONER AND THE MANUFACTURER HAVE
PREVIOUSLY AGREED TO A SUPPLEMENTAL REBATE FOR A DRUG PURSUANT TO  PARA-
GRAPH  (B)  OF THIS SUBDIVISION OR PARAGRAPH (E) OF SUBDIVISION SEVEN OF
SECTION THREE HUNDRED SIXTY-SEVEN-A OF THE SOCIAL SERVICES LAW, THE DRUG
SHALL NOT BE REFERRED TO THE  DRUG  UTILIZATION  REVIEW  BOARD  FOR  ANY
FURTHER  SUPPLEMENTAL  REBATE  FOR  THE  DURATION OF THE PREVIOUS REBATE
AGREEMENT.
  (D) THE DEPARTMENT SHALL CONSIDER A DRUG'S ACTUAL COST TO  THE  STATE,
INCLUDING  CURRENT REBATE AMOUNTS, PRIOR TO SEEKING AN ADDITIONAL REBATE
PURSUANT TO PARAGRAPH (B) OR (C) OF THIS SUBDIVISION AND SHALL TAKE INTO
CONSIDERATION WHETHER THE MANUFACTURER OF THE DRUG IS PROVIDING  SIGNIF-
ICANT DISCOUNTS RELATIVE TO OTHER DRUGS COVERED BY THE MEDICAID PROGRAM.
  (E) THE COMMISSIONER SHALL BE AUTHORIZED TO TAKE THE ACTIONS DESCRIBED
IN  THIS  SECTION  ONLY  SO LONG AS TOTAL MEDICAID DRUG EXPENDITURES ARE
PROJECTED TO EXCEED THE ANNUAL GROWTH LIMITATION IMPOSED BY  SUBDIVISION
TWO OF THIS SECTION.
  4.  IN  DETERMINING  WHETHER TO RECOMMEND A TARGET SUPPLEMENTAL REBATE
FOR A DRUG, THE DRUG UTILIZATION REVIEW BOARD SHALL CONSIDER THE  ACTUAL
COST  OF  THE  DRUG TO THE MEDICAID PROGRAM, INCLUDING FEDERAL AND STATE
REBATES, AND MAY CONSIDER, AMONG OTHER THINGS:
  (A) THE DRUG'S IMPACT ON THE MEDICAID DRUG SPENDING GROWTH TARGET  AND
THE  ADEQUACY OF CAPITATION RATES OF PARTICIPATING MEDICAID MANAGED CARE
PLANS, AND THE DRUG'S AFFORDABILITY AND VALUE TO THE  MEDICAID  PROGRAM;
OR
  (B) SIGNIFICANT AND UNJUSTIFIED INCREASES IN THE PRICE OF THE DRUG; OR
  (C) WHETHER THE DRUG MAY BE PRICED DISPROPORTIONATELY TO ITS THERAPEU-
TIC BENEFITS.
  5. (A) IF THE DRUG UTILIZATION REVIEW BOARD RECOMMENDS A TARGET REBATE
AMOUNT  ON  A  DRUG REFERRED BY THE COMMISSIONER, THE COMMISSIONER SHALL
REQUIRE A SUPPLEMENTAL REBATE TO BE PAID BY THE DRUG'S  MANUFACTURER  IN

S. 2007--B                          6                         A. 3007--B

AN  AMOUNT  NOT  TO  EXCEED SUCH TARGET REBATE AMOUNT. WITH RESPECT TO A
REBATE REQUIRED IN STATE FISCAL YEAR TWO THOUSAND  SEVENTEEN--TWO  THOU-
SAND  EIGHTEEN,  THE  REBATE  REQUIREMENT SHALL APPLY BEGINNING WITH THE
MONTH  OF  APRIL, TWO THOUSAND SEVENTEEN, WITHOUT REGARD TO THE DATE THE
DEPARTMENT ENTERS INTO THE REBATE AGREEMENT WITH THE MANUFACTURER.
  (B) THE SUPPLEMENTAL REBATE REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVI-
SION SHALL APPLY TO DRUGS DISPENSED TO ENROLLEES OF MANAGED CARE PROVID-
ERS 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.
  (C) IF THE DRUG UTILIZATION REVIEW BOARD RECOMMENDS  A  TARGET  REBATE
AMOUNT  FOR  A  DRUG  AND THE DEPARTMENT IS UNABLE TO NEGOTIATE A REBATE
FROM THE MANUFACTURER IN AN AMOUNT THAT IS AT LEAST SEVENTY-FIVE PERCENT
OF THE TARGET REBATE AMOUNT, THE COMMISSIONER IS AUTHORIZED TO WAIVE THE
PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION TWO  HUNDRED
SEVENTY-THREE  OF  THIS ARTICLE AND THE PROVISIONS OF SUBDIVISIONS TWEN-
TY-FIVE AND TWENTY-FIVE-A OF SECTION THREE HUNDRED SIXTY-FOUR-J  OF  THE
SOCIAL  SERVICES  LAW  WITH  RESPECT  TO SUCH DRUG; HOWEVER, THIS WAIVER
SHALL NOT BE IMPLEMENTED IN SITUATIONS WHERE IT WOULD PREVENT ACCESS  BY
A MEDICAID RECIPIENT TO A DRUG WHICH IS THE ONLY TREATMENT FOR A PARTIC-
ULAR DISEASE OR CONDITION.  UNDER NO CIRCUMSTANCES SHALL THE COMMISSION-
ER  BE AUTHORIZED TO WAIVE SUCH PROVISIONS WITH RESPECT TO MORE THAN TWO
DRUGS IN A GIVEN TIME.
  (D) WHERE THE DEPARTMENT AND A MANUFACTURER ENTER INTO A REBATE AGREE-
MENT PURSUANT TO THIS SECTION, WHICH MAY  BE  IN  ADDITION  TO  EXISTING
REBATE  AGREEMENTS  ENTERED INTO BY THE MANUFACTURER WITH RESPECT TO THE
SAME DRUG, NO ADDITIONAL REBATES SHALL BE REQUIRED TO  BE  PAID  BY  THE
MANUFACTURER TO A MANAGED CARE PROVIDER OR ANY OF A MANAGED CARE PROVID-
ER'S  AGENTS, INCLUDING BUT NOT LIMITED TO ANY PHARMACY BENEFIT MANAGER,
WHILE THE DEPARTMENT IS COLLECTING THE REBATE PURSUANT TO THIS SECTION.
  (E) IN FORMULATING A RECOMMENDATION CONCERNING A TARGET REBATE  AMOUNT
FOR A DRUG, THE DRUG UTILIZATION REVIEW BOARD MAY CONSIDER:
  (I)  PUBLICLY  AVAILABLE  INFORMATION  RELEVANT  TO THE PRICING OF THE
DRUG;
  (II) INFORMATION SUPPLIED BY THE DEPARTMENT RELEVANT TO THE PRICING OF
THE DRUG;
  (III) INFORMATION RELATING TO VALUE-BASED PRICING;
  (IV) THE SERIOUSNESS AND PREVALENCE OF THE DISEASE OR  CONDITION  THAT
IS TREATED BY THE DRUG;
  (V) THE EXTENT OF UTILIZATION OF THE DRUG;
  (VI)  THE  EFFECTIVENESS  OF  THE  DRUG IN TREATING THE CONDITIONS FOR
WHICH IT IS PRESCRIBED, OR IN IMPROVING A PATIENT'S HEALTH,  QUALITY  OF
LIFE, OR OVERALL HEALTH OUTCOMES;
  (VII)  THE  LIKELIHOOD  THAT  USE OF THE DRUG WILL REDUCE THE NEED FOR
OTHER MEDICAL CARE, INCLUDING HOSPITALIZATION;
  (VIII) THE AVERAGE WHOLESALE PRICE, WHOLESALE ACQUISITION COST, RETAIL
PRICE OF THE DRUG, AND THE COST OF THE  DRUG  TO  THE  MEDICAID  PROGRAM
MINUS REBATES RECEIVED BY THE STATE;
  (IX)  IN  THE  CASE  OF  GENERIC  DRUGS,  THE NUMBER OF PHARMACEUTICAL
MANUFACTURERS THAT PRODUCE THE DRUG;
  (X) WHETHER THERE ARE PHARMACEUTICAL EQUIVALENTS TO THE DRUG; AND
  (XI) INFORMATION SUPPLIED BY THE MANUFACTURER, IF ANY, EXPLAINING  THE
RELATIONSHIP BETWEEN THE PRICING OF THE DRUG AND THE COST OF DEVELOPMENT
OF  THE  DRUG  AND/OR  THE  THERAPEUTIC  BENEFIT OF THE DRUG, OR THAT IS
OTHERWISE PERTINENT TO THE MANUFACTURER'S  PRICING  DECISION;  ANY  SUCH
INFORMATION  PROVIDED  SHALL BE CONSIDERED CONFIDENTIAL AND SHALL NOT BE

S. 2007--B                          7                         A. 3007--B

DISCLOSED BY THE DRUG UTILIZATION REVIEW BOARD IN A FORM THAT IDENTIFIES
A SPECIFIC MANUFACTURER OR PRICES CHARGED FOR DRUGS BY SUCH  MANUFACTUR-
ER.
  6. (A) IF THE DRUG UTILIZATION REVIEW BOARD RECOMMENDS A TARGET REBATE
AMOUNT  AND  THE  DEPARTMENT  IS  UNSUCCESSFUL IN ENTERING INTO A REBATE
AGREEMENT WITH THE MANUFACTURER OF THE DRUG SATISFACTORY TO THE  DEPART-
MENT,  THE  DRUG MANUFACTURER SHALL IN THAT EVENT BE REQUIRED TO PROVIDE
TO THE DEPARTMENT, ON A STANDARD REPORTING FORM DEVELOPED BY THE DEPART-
MENT, THE FOLLOWING INFORMATION:
  (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 IN THE
STATE; 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) 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.
  7. (A) IF, AFTER TAKING INTO  ACCOUNT  ALL  REBATES  AND  SUPPLEMENTAL
REBATES  RECEIVED  BY THE DEPARTMENT, INCLUDING REBATES RECEIVED TO DATE
PURSUANT TO THIS SECTION, TOTAL MEDICAID  DRUG  EXPENDITURES  ARE  STILL
PROJECTED  TO EXCEED THE ANNUAL GROWTH LIMITATION IMPOSED BY SUBDIVISION
TWO OF THIS SECTION, THE COMMISSIONER OF HEALTH MAY:  SUBJECT  DRUGS  TO
PRIOR  APPROVAL  IN  ACCORDANCE  WITH EXISTING PROCESSES AND PROCEDURES,
WHICH MAY INCLUDE ALL DRUGS OF A MANUFACTURER THAT HAS NOT ENTERED  INTO
A  SUPPLEMENTAL  REBATE  AGREEMENT  REQUIRED  BY THIS SECTION; DIRECTING
MANAGED CARE PLANS TO REMOVE FROM THEIR MEDICAID FORMULARIES THOSE DRUGS
WITH RESPECT TO WHICH A MANUFACTURER HAS FAILED TO ENTER INTO  A  REBATE
AGREEMENT  REQUIRED BY THIS SECTION; PROMOTING THE USE OF COST EFFECTIVE
AND CLINICALLY APPROPRIATE DRUGS OTHER THAN THOSE OF A MANUFACTURER  WHO
HAS  FAILED  TO  ENTER INTO A REBATE AGREEMENT REQUIRED BY THIS SECTION;
ALLOWING MANUFACTURERS TO  ACCELERATE  REBATE  PAYMENTS  UNDER  EXISTING
REBATE  CONTRACTS;  AND  SUCH  OTHER  ACTIONS  AS AUTHORIZED BY LAW. THE
COMMISSIONER SHALL PROVIDE WRITTEN NOTICE TO THE LEGISLATURE THIRTY DAYS
PRIOR TO TAKING ACTION PURSUANT TO  THIS  PARAGRAPH,  UNLESS  ACTION  IS
NECESSARY  IN THE FOURTH QUARTER OF A FISCAL YEAR TO PREVENT TOTAL MEDI-
CAID DRUG EXPENDITURES FROM EXCEEDING THE LIMITATION IMPOSED BY SUBDIVI-

S. 2007--B                          8                         A. 3007--B

SION TWO OF THIS SECTION, IN WHICH CASE SUCH NOTICE TO  THE  LEGISLATURE
MAY BE LESS THAN THIRTY DAYS.
  (B) THE COMMISSIONER SHALL BE AUTHORIZED TO TAKE THE ACTIONS DESCRIBED
IN PARAGRAPH (A) OF THIS SUBDIVISION ONLY SO LONG AS TOTAL MEDICAID DRUG
EXPENDITURES  ARE  PROJECTED  TO  EXCEED  THE  ANNUAL  GROWTH LIMITATION
IMPOSED BY SUBDIVISION TWO OF  THIS  SECTION.    IN  ADDITION,  NO  SUCH
ACTIONS  SHALL BE DEEMED TO SUPERSEDE THE PROVISIONS OF PARAGRAPH (B) OF
SUBDIVISION THREE OF SECTION TWO HUNDRED SEVENTY-THREE OF  THIS  ARTICLE
OR  THE  PROVISIONS  OF  SUBDIVISIONS  TWENTY-FIVE  AND TWENTY-FIVE-A OF
SECTION THREE HUNDRED SIXTY-FOUR-J OF THE SOCIAL SERVICES LAW, EXCEPT AS
ALLOWED BY PARAGRAPH (C) OF SUBDIVISION FIVE OF THIS  SECTION;  PROVIDED
FURTHER  THAT NOTHING IN THIS SECTION SHALL PREVENT ACCESS BY A MEDICAID
RECIPIENT TO A DRUG WHICH IS THE ONLY TREATMENT FOR A PARTICULAR DISEASE
OR CONDITION.
  § 2. Subdivisions 1 and 2 of section 369-bb  of  the  social  services
law,  as  amended  by  section 20 of part A of chapter 56 of the laws of
2013, are amended 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.
  2. The members of the DUR board shall be appointed by the commissioner
and  shall  serve a three-year term. Members may be reappointed upon the
completion of other terms. The membership  shall  be  comprised  of  the
following:
  (a) Six persons licensed and actively engaged in the practice of medi-
cine  in  the  state,  with  expertise  in  the  areas of mental health,
HIV/AIDS, geriatrics, pediatrics or internal medicine  and  who  may  be
selected  based  on input from professional associations and/or advocacy
groups in New York state.
  (b) Six persons licensed and actively practicing in  pharmacy  in  the
state  who may be selected based on input from professional associations
and/or advocacy groups in New York state.
  (c) Two persons with expertise in  drug  utilization  review  who  are
health care professionals licensed under Title VIII of the education law
at least one of whom is a pharmacologist.
  (d)  Three  persons  that are consumers or consumer representatives of
organizations with a regional or statewide  constituency  and  who  have
been  involved  in  activities related to health care consumer advocacy,
including issues affecting Medicaid or EPIC recipients.
  (e) One person licensed and actively practicing as a nurse practition-
er or midwife.
  (f) TWO PERSONS WHO ARE HEALTH CARE ECONOMISTS.
  (G) ONE PERSON WHO IS AN ACTUARY.
  (H) ONE PERSON REPRESENTING THE DEPARTMENT OF FINANCIAL SERVICES.
  (I) The commissioner shall designate a person from the  department  to
serve as chairperson of the board.
  §  3.  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 EVALUATION OF SPECIFIC DRUGS SUBMITTED TO THE BOARD FOR REVIEW
PURSUANT TO SECTION TWO HUNDRED EIGHTY OF THE PUBLIC HEALTH LAW, AND THE
FORMULATION  OF  RECOMMENDED  TARGET SUPPLEMENTAL REBATES, IN ACCORDANCE
WITH THE STANDARDS ESTABLISHED IN SUCH SECTION.
  § 4. Intentionally omitted.
  § 5. Intentionally omitted.

S. 2007--B                          9                         A. 3007--B

  § 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
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]
(A)  IF THE DRUG DISPENSED IS A GENERIC PRESCRIPTION DRUG, THE LOWER OF:
(1) 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; (2)  THE  FEDERAL  UPPER  LIMIT,  IF  ANY,
ESTABLISHED  BY  THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES;
(3) THE STATE MAXIMUM ACQUISITION COST, IF ANY, ESTABLISHED PURSUANT  TO
PARAGRAPH  (E)  OF  THIS  SUBDIVISION;  OR (4) THE DISPENSING PHARMACY'S
USUAL AND CUSTOMARY PRICE CHARGED TO THE GENERAL PUBLIC; (B) IF THE DRUG
DISPENSED 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 (1) 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, (2) THE FEDER-
AL  UPPER LIMIT, IF ANY, ESTABLISHED BY THE FEDERAL CENTERS FOR MEDICARE
AND MEDICAID SERVICES; (3) THE STATE MAXIMUM ACQUISITION  COST  IF  ANY,

S. 2007--B                         10                         A. 3007--B

ESTABLISHED  PURSUANT  TO  PARAGRAPH (E) OF THIS SUBDIVISION; OR (4) 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--B                         11                         A. 3007--B

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.  No exclusion or
other sanction of a Medicaid provider pursuant to this section shall  be
imposed except in accordance with the requirements of parts 515, 517 and
519  of title 18 of the codes, rules and regulations of the State of New
York (NYCRR), and nothing herein shall be construed as limiting the  due
process  rights  or  legal remedies that would otherwise be available to
such a provider.
  § 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. 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:

S. 2007--B                         12                         A. 3007--B

  (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 THIRTY-FIRST, TWO THOUSAND SEVENTEEN,
OR THAT HAS INCREASED MORE THAN SEVENTY-FIVE PERCENT OF ITS SMAC  ON  OR
AFTER  APRIL FIRST, TWO THOUSAND SEVENTEEN, 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  reim-
burse  for  covered  outpatient  drugs pursuant 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;
  (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.

S. 2007--B                         13                         A. 3007--B

  § 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, sixteen, and seventeen 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  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.    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 SERVICE AUTHORIZATIONS OR REAUTHORIZATIONS;

S. 2007--B                         14                         A. 3007--B

  (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 FISCAL INTERMEDIARIES  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 AN AUTHORIZATION AS A FISCAL INTERMEDIARY
ISSUED BY THE COMMISSIONER IN ACCORDANCE WITH THIS SUBDIVISION.
  (C) AN APPLICATION FOR AUTHORIZATION 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  AND  EMPLOYER  IDENTIFICATION  NUMBER,  OF THE ENTITY,
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,
QUALITY ASSURANCE REVIEW, REFERRAL, PROGRAM MONITORING OR DEVELOPMENT OR

S. 2007--B                         15                         A. 3007--B

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  AUTHORIZATION
UNDER THIS SUBDIVISION.
  (E)  THE  COMMISSIONER  SHALL  NOT APPROVE AN APPLICATION FOR AUTHORI-
ZATION UNLESS HE OR SHE IS SATISFIED AS TO THE CHARACTER, COMPETENCE AND
STANDING IN THE COMMUNITY OF THE APPLICANT'S  INCORPORATORS,  DIRECTORS,
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 COMMISSIONER.
  (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 AUTHORIZATIONS OR READINESS REVIEWS TO BE A FISCAL INTER-
MEDIARY.
  (G)  NEITHER PUBLIC NEED, TAX STATUS NOR PROFIT-MAKING STATUS SHALL BE
A CRITERION FOR AUTHORIZATION UNDER  THIS  SUBDIVISION.    STATUS  AS  A
LICENSED  HOME  CARE  SERVICES AGENCY OR OTHER HEALTH PROVIDER SHALL NOT
POSITIVELY OR NEGATIVELY AFFECT AN APPLICATION FOR  AUTHORIZATION  UNDER
THIS  SUBDIVISION.    AN  ORGANIZATION  AUTHORIZED  PURSUANT  TO ARTICLE
FORTY-FOUR OF THE PUBLIC HEALTH LAW SHALL NOT BE A FISCAL INTERMEDIARY.
  (H) AN AUTHORIZATION 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.
  4-B. ACTIONS INVOLVING THE AUTHORIZATION OF A FISCAL INTERMEDIARY.
  (A)  A  FISCAL INTERMEDIARY'S AUTHORIZATION MAY BE REVOKED, SUSPENDED,
LIMITED OR ANNULLED UPON THIRTY  DAY'S  WRITTEN  NOTICE  TO  THE  FISCAL
INTERMEDIARY, IF THE COMMISSIONER FINDS THAT THE FISCAL INTERMEDIARY HAS
FAILED  TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION OR REGULATIONS
PROMULGATED HEREUNDER. NOTWITHSTANDING THE FOREGOING,  UPON  DETERMINING
THAT  THE  PUBLIC HEALTH OR SAFETY WOULD BE IMMINENTLY ENDANGERED BY THE
CONTINUED AUTHORIZATION OF THE FISCAL INTERMEDIARY, THE COMMISSIONER MAY
REVOKE, SUSPEND, LIMIT OR ANNUL THE FISCAL INTERMEDIARY'S  AUTHORIZATION
IMMEDIATELY.
  (B)  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.
  §  2.  Subdivision  25  of  section  2808 of the public health law, as
amended by section 34 of part D of chapter 56 of the laws  of  2012,  is
amended to read as follows:

S. 2007--B                         16                         A. 3007--B

  25.  Reserved  bed  days.  (a)  For  purposes  of  this subdivision, a
"reserved bed day" is a day for which a governmental agency pays a resi-
dential health care facility to reserve a bed for a person eligible  for
medical  assistance  pursuant  to  title  eleven  of article five of the
social  services law while he or she is [temporarily hospitalized or] on
THERAPEUTIC leave of absence from the facility.
  (b) Notwithstanding any other provisions of this section or any  other
law  or  regulation  to  the contrary, for reserved bed days provided on
behalf of persons twenty-one years of age or older:
  (i) payments for reserved  bed  days  shall  be  made  at  ninety-five
percent  of  the  Medicaid  rate  otherwise  payable to the facility for
services provided on behalf of such person; AND
  (ii) [payment to a facility for reserved bed days provided  on  behalf
of  such  person  for temporary hospitalizations may not exceed fourteen
days in any twelve month period;
  (iii)] payment to a facility for reserved bed days provided on  behalf
of  such  person for [non-hospitalization] THERAPEUTIC leaves of absence
may not exceed ten days in any twelve month period.
  [(c)(i) Notwithstanding any contrary provision of this subdivision  or
any  other  law  and  subject  to  the availability of federal financial
participation, with regard to services provided  to  residential  health
care  facility  residents twenty-one years of age and older, the commis-
sioner shall promulgate regulations, and may promulgate emergency  regu-
lations,  effective  for  periods  on and after July first, two thousand
twelve, establishing reimbursement rates for reserved bed days.
  (ii) Such regulations shall, for each Medicaid patient for any  twelve
month  period,  provide for reimbursement for reserved bed days for: (A)
up to an aggregate of fourteen days for hospitalizations and  for  other
therapeutic  leave of absences consistent with a plan of care ordered by
such patient's treating health care  professional;  and  (B)  up  to  an
aggregate of ten days of other leaves of absence.
  (iii)  No  later  than  thirty  days  after promulgation of such regu-
lations, the commissioner shall advise the  chairs  of  the  senate  and
assembly  finance  and  health  committees  of  the projected reductions
expected to be achieved under the methodology set forth  in  such  regu-
lations.
  (iv)  In  the  event the commissioner determines, in consultation with
the director of the budget, that the regulations promulgated pursuant to
subparagraph (i) of this paragraph  shall  achieve  projected  aggregate
Medicaid  savings, as determined by the commissioner, of less than forty
million dollars for the state fiscal year  beginning  April  first,  two
thousand twelve, and each state fiscal year thereafter, the commissioner
shall  establish  a prospective per diem rate adjustment for all nursing
homes, other than nursing homes providing services primarily to children
under the age of twenty-one, sufficient to achieve  such  forty  million
dollars in savings for each such state fiscal year.]
  § 3. Intentionally omitted.
  §  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.
  § 5. Intentionally omitted.
  § 6. Intentionally omitted.

S. 2007--B                         17                         A. 3007--B

  §  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.

                                 PART F

                          Intentionally Omitted

                                 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
pursuant  to the federal social security act, changes in provider reven-
ues, reductions to local social  services  district  medical  assistance
administration,  minimum wage increases, and beginning April 1, 2012 the
operational costs of the New York state medical indemnity fund and state
costs or savings from the basic health plan.   Such projections  may  be
adjusted by the director of the budget to account for increased or expe-
dited department of health state funds medicaid expenditures as a result
of  a natural or other type of disaster, including a governmental decla-
ration of emergency.
  § 2. Intentionally omitted.
  § 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.

                                 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--B                         18                         A. 3007--B

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--B                         19                         A. 3007--B

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-
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.

S. 2007--B                         20                         A. 3007--B

  (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-
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.

S. 2007--B                         21                         A. 3007--B

  (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:
  (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;

S. 2007--B                         22                         A. 3007--B

  (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
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.

S. 2007--B                         23                         A. 3007--B

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
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

S. 2007--B                         24                         A. 3007--B

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
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-

S. 2007--B                         25                         A. 3007--B

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
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-

S. 2007--B                         26                         A. 3007--B

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.  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. 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; provided, however, that the commissioner of health shall submit a

S. 2007--B                         27                         A. 3007--B

report to the governor and  the  legislature  detailing  the  objective,
impact, design and computation of any pilot reimbursement program estab-
lished  pursuant  to  this act, on or before March 31, 1994 and annually
thereafter.  Such  report  shall  include an assessment of the financial
impact of such payment system on providers, as well  as  the  impact  of
such system on access to care] 2020.
  §  10. 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;
  §  11.  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;
  (O) FOR THE PERIOD APRIL FIRST, TWO THOUSAND  NINETEEN  THROUGH  MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY, UP TO ONE HUNDRED MILLION DOLLARS.
  §  12.  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-EIGHT  MILLION  FIVE
HUNDRED THOUSAND DOLLARS;
  (R)  FOR  THE  PERIOD APRIL FIRST, TWO THOUSAND EIGHTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND NINETEEN, TWENTY-EIGHT MILLION  FIVE  HUNDRED
THOUSAND DOLLARS;
  (S)  FOR  THE  PERIOD APRIL FIRST, TWO THOUSAND NINETEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY,  TWENTY-EIGHT  MILLION  FIVE  HUNDRED
THOUSAND DOLLARS.
  §  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:
  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

S. 2007--B                         28                         A. 3007--B

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.
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,

S. 2007--B                         29                         A. 3007--B

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
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-

S. 2007--B                         30                         A. 3007--B

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
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

S. 2007--B                         31                         A. 3007--B

act (HCRA) resources fund - 061, provider collection monitoring account,
established within the department of health.
  §  15.  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
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

S. 2007--B                         32                         A. 3007--B

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
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.
  § 16. 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,

S. 2007--B                         33                         A. 3007--B

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
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

S. 2007--B                         34                         A. 3007--B

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.
  § 17. 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-
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.

S. 2007--B                         35                         A. 3007--B

  (b)  Each  provider  of excess insurance coverage or equivalent excess
coverage covering the period July 1, 1992 to June 30, 1993, or  covering
the period July 1, 1993 to June 30, 1994, or covering the period July 1,
1994  to  June 30, 1995, or covering the period July 1, 1995 to June 30,
1996,  or covering the period July 1, 1996 to June 30, 1997, or covering
the period July 1, 1997 to June 30, 1998, or covering the period July 1,
1998 to June 30, 1999, or covering the period July 1, 1999 to  June  30,
2000,  or covering the period July 1, 2000 to June 30, 2001, or covering
the period July 1, 2001 to October 29,  2001,  or  covering  the  period
April  1,  2002 to June 30, 2002, or covering the period July 1, 2002 to
June 30, 2003, or covering the period July 1, 2003 to June 30, 2004,  or
covering the period July 1, 2004 to June 30, 2005, or covering the peri-
od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
June  30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
covering the period July 1, 2008 to June 30, 2009, or covering the peri-
od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
June 30, 2011, or covering the period July 1, 2011 to June 30, 2012,  or
covering the period July 1, 2012 to June 30, 2013, or covering the peri-
od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
June  30, 2015, or covering the period July 1, 2015 to June 30, 2016, or
covering the period July 1, 2016 to June 30, 2017, OR COVERING THE PERI-
OD JULY 1, 2017 TO JUNE 30, 2018 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

S. 2007--B                         36                         A. 3007--B

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
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

S. 2007--B                         37                         A. 3007--B

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,
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.
  §  18.  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

S. 2007--B                         38                         A. 3007--B

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

S. 2007--B                         39                         A. 3007--B

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.
  (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.
  §  20.  Notwithstanding  any  law, rule or regulation to the contrary,
only physicians or dentists who were eligible, and for whom  the  super-
intendent of financial services and the commissioner of health, or their
designee, purchased, with funds available in the hospital excess liabil-
ity  pool,  a  full  or partial policy for excess coverage or equivalent
excess coverage for the coverage period ending the  thirtieth  of  June,
two thousand seventeen, 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

S. 2007--B                         40                         A. 3007--B

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.
  § 21. 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-
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;

S. 2007--B                         41                         A. 3007--B

  (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
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

S. 2007--B                         42                         A. 3007--B

  (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
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-

S. 2007--B                         43                         A. 3007--B

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
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

S. 2007--B                         44                         A. 3007--B

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] 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] 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 Janu-
ary  first,  two  thousand  through  December thirty-first, two thousand
four, up to twenty-one million dollars annually 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 peri-
od 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

S. 2007--B                         45                         A. 3007--B

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
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

S. 2007--B                         46                         A. 3007--B

thirty-first,  two  thousand  seventeen, AND UP TO THREE MILLION DOLLARS
EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND  SEVEN-
TEEN 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  OF  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;
  (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

S. 2007--B                         47                         A. 3007--B

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
seventeen, 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-
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

S. 2007--B                         48                         A. 3007--B

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
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;

S. 2007--B                         49                         A. 3007--B

  (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;
  (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, for the period January first, two
thousand five through December thirty-first, two thousand  five,  up  to
nineteen  million  two  hundred thousand dollars, for the period January
first, two thousand six through December thirty-first, two thousand 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

S. 2007--B                         50                         A. 3007--B

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 thou-
sand 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  SIXTEEN  MILLION  TWO
HUNDRED  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;
  (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

S. 2007--B                         51                         A. 3007--B

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 THIRTY-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  SEVEN  MILLION  FIVE  HUNDRED  THOUSAND DOLLARS ANNUALLY for
voluntary 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
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;

S. 2007--B                         52                         A. 3007--B

  (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]
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;
  (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-

S. 2007--B                         53                         A. 3007--B

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
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.
  § 22. 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:

S. 2007--B                         54                         A. 3007--B

  (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
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-

S. 2007--B                         55                         A. 3007--B

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
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;

S. 2007--B                         56                         A. 3007--B

  (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
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

S. 2007--B                         57                         A. 3007--B

  (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
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;

S. 2007--B                         58                         A. 3007--B

  (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;
  (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;

S. 2007--B                         59                         A. 3007--B

  (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
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

S. 2007--B                         60                         A. 3007--B

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;
  (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 SIX MILLION 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,

S. 2007--B                         61                         A. 3007--B

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;
  (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.

S. 2007--B                         62                         A. 3007--B

  (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
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;

S. 2007--B                         63                         A. 3007--B

  (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;
  (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;

S. 2007--B                         64                         A. 3007--B

  (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 TWENTY-SEVEN MILLION FOUR HUNDRED SIXTEEN  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;
  (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]

S. 2007--B                         65                         A. 3007--B

  (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 NINETY-SIX MILLION SIX HUNDRED THOUSAND DOLLARS EACH STATE
FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND  SEVENTEEN  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:
  (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;

S. 2007--B                         66                         A. 3007--B

  (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
EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND  SEVEN-
TEEN 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;
  (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

S. 2007--B                         67                         A. 3007--B

  (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
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

S. 2007--B                         68                         A. 3007--B

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;
  (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;

S. 2007--B                         69                         A. 3007--B

  (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;
  (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[.]; AND

S. 2007--B                         70                         A. 3007--B

  (XIII)  UP  TO  TWO  MILLION  ONE  HUNDRED THOUSAND DOLLARS EACH STATE
FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND  SEVENTEEN  THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
  (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:
  (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;

S. 2007--B                         71                         A. 3007--B

  (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;
  (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.

S. 2007--B                         72                         A. 3007--B

  (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-
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;

S. 2007--B                         73                         A. 3007--B

  (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;
  (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;

S. 2007--B                         74                         A. 3007--B

  (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;
  (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;

S. 2007--B                         75                         A. 3007--B

  (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;
  (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;

S. 2007--B                         76                         A. 3007--B

  (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
  (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:

S. 2007--B                         77                         A. 3007--B

  (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;
  (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;

S. 2007--B                         78                         A. 3007--B

  (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;
  (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

S. 2007--B                         79                         A. 3007--B

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-
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

S. 2007--B                         80                         A. 3007--B

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;
  (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;

S. 2007--B                         81                         A. 3007--B

  (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
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

S. 2007--B                         82                         A. 3007--B

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
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,

S. 2007--B                         83                         A. 3007--B

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;
  (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;
  (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

S. 2007--B                         84                         A. 3007--B

  (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
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

S. 2007--B                         85                         A. 3007--B

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;
  (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

S. 2007--B                         86                         A. 3007--B

  (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
  (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:

S. 2007--B                         87                         A. 3007--B

  (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:
  (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

S. 2007--B                         88                         A. 3007--B

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
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;

S. 2007--B                         89                         A. 3007--B

  (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;
  (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.
  (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

S. 2007--B                         90                         A. 3007--B

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 EACH STATE FISCAL YEAR FOR THE PERIOD
APRIL FIRST, TWO THOUSAND  SEVENTEEN  THROUGH  MARCH  THIRTY-FIRST,  TWO
THOUSAND TWENTY.
  (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

S. 2007--B                         91                         A. 3007--B

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
  (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

S. 2007--B                         92                         A. 3007--B

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.
  § 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; 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; and
  (c)  the  amendments  to  paragraph  (i-1) of subdivision 1 of section
2807-v of the public health law made by section twenty-two of  this  act
hall  not  affect  the  repeal  of  such  paragraph  and shall be deemed
repealed 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:
  § 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

S. 2007--B                         93                         A. 3007--B

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
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,  2019  shall  reflect  no  trend  factor
projections  or  adjustments for the period April 1, 1996, through March
31, 1997.

S. 2007--B                         94                         A. 3007--B

  § 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, 2019 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
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.

S. 2007--B                         95                         A. 3007--B

  §  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] 2019 through March 31, [2017] 2019, 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] 2019 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] 2019 calendar year shall  also
be  applied  to rates of payment provided on and after January 1, [2017]
2019 through March 31, [2017] 2019 for personal care  services  provided
in those local social services districts, including New York city, whose
rates  of payment for such services are established by such local social
services districts 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] 2019 through March 31, [2017] 2019,  such
trend  factors  attributable  to  the [2017] 2019 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-

S. 2007--B                         96                         A. 3007--B

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] 2019;
  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] 2019;
  § 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
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.

S. 2007--B                         97                         A. 3007--B

  §  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] 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
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.

S. 2007--B                         98                         A. 3007--B

  §  17.  Subdivision  3  of section 2999-p of the public health law, as
amended by chapter 461 of the laws  of  2012,  is  amended  to  read  as
follows:
  3.  The commissioner may issue a certificate of authority to an entity
that meets conditions for ACO certification as set forth in  regulations
made  by  the commissioner pursuant to section twenty-nine hundred nine-
ty-nine-q of this article. The commissioner  shall  not  issue  any  new
certificate under this article after December thirty-first, two thousand
[sixteen] TWENTY.
  §  18. Subdivision 2 of section 246 of chapter 81 of the laws of 1995,
amending the public health  law  and  other  laws  relating  to  medical
reimbursement  and  welfare reform, as amended by section 2 of part D of
chapter 57 of the laws of 2015, is amended to read as follows:
  2. Sections five, seven through nine,  twelve  through  fourteen,  and
eighteen  of  this  act  shall  be deemed to have been in full force and
effect on and after April 1, 1995 through March  31,  1999  and  on  and
after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
through  March 31, 2003 and on and after April 1, 2003 through March 31,
2006 and on and after April 1, 2006 through March 31, 2007  and  on  and
after  April  1,  2007  through March 31, 2009 and on and after April 1,
2009 through March 31, 2011 and sections twelve, thirteen  and  fourteen
of  this act shall be deemed to be in full force and effect on and after
April 1, 2011 through March 31, 2015 and on  and  after  April  1,  2015
through  March 31, 2017 AND ON AND AFTER APRIL 1, 2017 THROUGH MARCH 31,
2019;
  § 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.

                                 PART J

                          Intentionally Omitted

                                 PART K

                          Intentionally Omitted

                                 PART L

                          Intentionally Omitted

                                 PART M

  Section  1.  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
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

S. 2007--B                         99                         A. 3007--B

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
AND MAY REQUIRE ACTIONS,  WHICH  MAY  INCLUDE  ENHANCED  MONITORING  AND
ACTIVITIES TO REDUCE EXPOSURE, PURSUANT TO THIS SECTION.
  C.  "COVERED  PUBLIC  WATER  SYSTEM"  SHALL MEAN:   (I) A PUBLIC WATER
SYSTEM THAT SERVES AT LEAST FIVE SERVICE CONNECTIONS USED BY  YEAR-ROUND
RESIDENTS OR REGULARLY SERVES AT LEAST TWENTY-FIVE YEAR-ROUND RESIDENTS;
OR (II) A PUBLIC 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.
  3. A.  THE COMMISSIONER SHALL PROMULGATE REGULATIONS TO  IDENTIFY  AND
LIST  SUBSTANCES AS EMERGING CONTAMINANTS THAT MEET THE FOLLOWING CRITE-
RIA:
  (I) ARE NOT SUBJECT TO ANY  OTHER  SUBSTANCE-SPECIFIC  DRINKING  WATER
REGULATION  OF  THE  DEPARTMENT  THAT  ESTABLISHES A MAXIMUM CONTAMINANT
LEVEL, MAXIMUM RESIDUAL DISINFECTANT LEVEL, OR ACTION LEVEL;
  (II) ARE KNOWN OR ANTICIPATED TO OCCUR IN PUBLIC WATER SYSTEMS; AND
  (III) 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.
  B. IN DETERMINING WHAT SUBSTANCES SHALL BE LISTED AS EMERGING  CONTAM-
INANTS THE COMMISSIONER SHALL, AT A MINIMUM, CONSIDER:
  (I)  UNREGULATED  CONTAMINANTS  MONITORED PURSUANT TO THE FEDERAL SAFE
DRINKING WATER ACT (42 U.S.C. § 300G-1) AS AMENDED FROM TIME TO TIME;
  (II) SUBSTANCES THAT REQUIRE REGULATION OR MONITORING WHEN PRESENT  IN
DRINKING WATER IN OTHER JURISDICTIONS OUTSIDE THE STATE OF NEW YORK;
  (III)  PESTICIDE  CHEMICALS  FOR WHICH THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY HAS SET HUMAN HEALTH BENCHMARKS FOR DRINKING WATER;
  (IV) SUBSTANCES FOUND AT SITES IN REMEDIAL PROGRAMS LOCATED INSIDE AND
OUTSIDE THE STATE OF NEW YORK, INCLUDING BUT  NOT  LIMITED  TO  INACTIVE
HAZARDOUS WASTE SITES; AND
  (V)  RECOMMENDATIONS  FROM  THE  DRINKING WATER QUALITY COUNCIL ESTAB-
LISHED PURSUANT TO SECTION ELEVEN HUNDRED THIRTEEN OF THIS TITLE.
  C. THE COMMISSIONER SHALL, AT A MINIMUM, INCLUDE THE FOLLOWING  CHEMI-
CALS  IDENTIFIED AS EMERGING CONTAMINANTS: 1,4-DIOXANE; PERFLUOROOCTANE-
SULFONIC ACID; AND PERFLUOROOCTANOIC ACID.
  D. THE COMMISSIONER SHALL BY REGULATION REMOVE ANY SUBSTANCE FROM  THE
LIST  OF EMERGING CONTAMINANTS UPON ADOPTING A MAXIMUM CONTAMINANT LEVEL
FOR SUCH SUBSTANCE.
  4. EVERY COVERED PUBLIC WATER SYSTEM SHALL TEST DRINKING WATER FOR THE
PRESENCE OF EMERGING CONTAMINANTS AT LEAST ONCE EVERY THREE YEARS PURSU-
ANT TO A SCHEDULE DETERMINED BY THE DEPARTMENT THROUGH REGULATION.
  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 ELECTRONICALLY TO THE DEPARTMENT, TO ANY OTHER HEALTH DEPARTMENT
WITH JURISDICTION OVER THE COVERED  PUBLIC  WATER  SYSTEM,  AND  TO  THE

S. 2007--B                         100                        A. 3007--B

COVERED  PUBLIC  WATER  SYSTEM,  IN  THE  MANNER  PRESCRIBED PURSUANT TO
SECTION FIVE HUNDRED TWO OF THIS CHAPTER.
  6.  THE COMMISSIONER SHALL PROMULGATE REGULATIONS ESTABLISHING NOTIFI-
CATION LEVELS FOR ANY EMERGING CONTAMINANT LISTED PURSUANT  TO  SUBDIVI-
SION THREE OF THIS SECTION.  ANY NOTIFICATION LEVEL ESTABLISHED PURSUANT
TO THIS SUBDIVISION SHALL BE EQUAL TO OR LOWER THAN ANY FEDERAL LIFETIME
HEALTH  ADVISORY LEVEL ESTABLISHED PURSUANT TO THE FEDERAL SAFE DRINKING
WATER ACT (42 U.S.C. § 300G-1). IF NO FEDERAL LIFETIME  HEALTH  ADVISORY
LEVEL  HAS  BEEN ESTABLISHED, THE COMMISSIONER SHALL ESTABLISH NOTIFICA-
TION LEVELS BASED UPON THE AVAILABLE  SCIENTIFIC  INFORMATION,  AND  MAY
TAKE  INTO  CONSIDERATION  RECOMMENDATIONS OF THE DRINKING WATER QUALITY
COUNCIL ESTABLISHED PURSUANT TO SECTION ELEVEN HUNDRED THIRTEEN OF  THIS
TITLE.
  7. NOTWITHSTANDING SUBDIVISION THREE OF THIS SECTION, 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, ESTABLISH A NOTIFICATION
LEVEL, AND REQUIRE TESTING  FOR  SUCH  SUBSTANCE,  IF  THE  COMMISSIONER
DETERMINES THAT: (I) SUCH SUBSTANCE POSES OR HAS THE POTENTIAL TO POSE A
SIGNIFICANT  HAZARD TO HUMAN HEALTH WHEN PRESENT IN DRINKING WATER; (II)
SUCH SUBSTANCE WAS RECENTLY DETECTED IN A PUBLIC WATER  SYSTEM  AND  HAS
THE  POTENTIAL TO BE PRESENT IN OTHER PUBLIC WATER SYSTEMS; AND (III) IT
APPEARS TO BE PREJUDICIAL TO THE INTERESTS OF THE PEOPLE TO DELAY ACTION
BY PREPARING AND FILING REGULATIONS. THE  COMMISSIONER  SHALL,  HOWEVER,
PROMULGATE  REGULATIONS  ADDING  SUCH NEW EMERGING CONTAMINANT OR ESTAB-
LISHING SUCH NOTIFICATION LEVEL WITHIN ONE  YEAR  OF  SUCH  DECLARATION.
SUCH  DECLARATION  SHALL  CLEARLY STATE WHERE AND THE DATE BY WHICH SUCH
TESTING MUST OCCUR.   AFTER  THE  COMMISSIONER  PROMULGATES  REGULATIONS
ADDING  SUCH  EMERGING CONTAMINANT, SUCH REGULATIONS SHALL SUPERSEDE THE
DECLARATION ISSUED PURSUANT TO THIS SUBDIVISION.
  8. WHENEVER ONE OR MORE EMERGING CONTAMINANTS IS CONFIRMED TO BE PRES-
ENT IN DRINKING WATER AT CONCENTRATIONS AT OR ABOVE A NOTIFICATION LEVEL
ESTABLISHED PURSUANT TO THIS SECTION:
  A. THE COVERED PUBLIC WATER SYSTEM SHALL NOTIFY THE DEPARTMENT  WITHIN
TWENTY-FOUR HOURS;
  B.  THE  COVERED  PUBLIC  WATER SYSTEM SHALL NOTIFY ALL OWNERS OF REAL
PROPERTY SERVED BY THE COVERED PUBLIC WATER SYSTEM IN A TIME AND  MANNER
TO  BE  PRESCRIBED  BY  THE  DEPARTMENT, PROVIDED THAT IN NO EVENT SHALL
NOTIFICATION OCCUR MORE THAN NINETY DAYS AFTER THE PRESENCE OF AN EMERG-
ING CONTAMINANT AT CONCENTRATIONS  AT  OR  ABOVE  A  NOTIFICATION  LEVEL
ESTABLISHED PURSUANT TO THIS SECTION IS CONFIRMED;
  C.  THE  COMMISSIONER MAY DIRECTLY NOTIFY SUCH OWNERS OF REAL PROPERTY
IF IT IS DETERMINED THAT THE PUBLIC'S INTEREST WOULD BE BEST  SERVED  BY
SUCH  NOTIFICATION,  OR  IF THE COMMISSIONER DETERMINES THAT THE COVERED
PUBLIC WATER SYSTEM IS NOT ACTING, OR CANNOT ACT IN A TIMELY MANNER;
  D. THE COMMISSIONER MAY REQUIRE THAT THE COVERED PUBLIC  WATER  SYSTEM
TAKE  SUCH  ACTIONS AS MAY BE APPROPRIATE TO REDUCE EXPOSURE TO EMERGING
CONTAMINANTS. IF THE COMMISSIONER DETERMINES THAT THE  CONCENTRATION  OF
THE  EMERGING  CONTAMINANT  CONSTITUTES AN ACTUAL OR POTENTIAL THREAT TO
PUBLIC HEALTH, BASED ON THE BEST AVAILABLE SCIENTIFIC  INFORMATION,  THE
COMMISSIONER  SHALL  CONSULT  WITH THE COMMISSIONER OF THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION REGARDING ANY  FURTHER  ACTION  THAT  MAY  BE
APPROPRIATE,  INCLUDING  BUT  NOT  LIMITED  TO ACTIONS PURSUANT TO TITLE
TWELVE OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW.
  9. THE COMMISSIONER SHALL WORK IN CONSULTATION WITH  THE  COMMISSIONER
OF  THE  DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO DEVELOP EDUCATIONAL

S. 2007--B                         101                        A. 3007--B

MATERIALS, AND MAY TAKE INTO CONSIDERATION RECOMMENDATIONS OF THE DRINK-
ING WATER QUALITY COUNCIL ESTABLISHED PURSUANT TO SECTION ELEVEN HUNDRED
THIRTEEN OF THIS TITLE. SUCH EDUCATIONAL MATERIALS SHALL BE MADE  AVAIL-
ABLE TO THE COVERED PUBLIC WATER SYSTEM AND THE GENERAL PUBLIC, RELATING
TO  METHODOLOGIES  FOR  REDUCING  EXPOSURE  TO EMERGING CONTAMINANTS AND
POTENTIAL ACTIONS THAT MAY BE TAKEN TO MITIGATE  OR  REMEDIATE  EMERGING
CONTAMINANTS.  THE  COMMISSIONER  SHALL  ALSO PROVIDE THE COVERED PUBLIC
WATER SYSTEM WITH INFORMATION  RELATING  TO  POTENTIAL  FUNDING  SOURCES
PROVIDED  BY THE STATE AND FEDERAL GOVERNMENT FOR MITIGATION OR REMEDIAL
ACTIVITIES, AND TO REDUCE THE EXPOSURE TO EMERGING CONTAMINANTS.
  10. 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.
  11. 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 A FINANCIAL HARDSHIP.  SUCH
REGULATIONS SHALL, WHEN PRIORITIZING PUBLIC WATER SYSTEMS FOR  ELIGIBIL-
ITY  FOR  FINANCIAL ASSISTANCE, INCORPORATE PROVISIONS THAT GIVE PREFER-
ENCE TO PUBLIC WATER SYSTEMS SERVING LESS THAN TEN THOUSAND INDIVIDUALS.
  12. THE COMMISSIONER SHALL PERIODICALLY REVIEW  SUBSTANCES  THAT  HAVE
BEEN  IDENTIFIED  AS  EMERGING CONTAMINANTS PURSUANT TO THIS SECTION AND
DETERMINE IF THE DEPARTMENT SHOULD ESTABLISH A MAXIMUM CONTAMINANT LEVEL
FOR THE SUBSTANCE. SUCH REVIEW SHALL OCCUR, AT  A  MINIMUM,  ONCE  EVERY
THREE YEARS.
  §  2.  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 OTHER HEALTH
DEPARTMENT IN AN ELECTRONIC MANNER PRESCRIBED BY THE DEPARTMENT.
  § 3. This act shall take effect immediately.

                                 PART N

                          Intentionally Omitted

                                 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

S. 2007--B                         102                        A. 3007--B

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
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 ALTERNATIVE PAYMENT METHODOLOGY REQUIREMENTS
AS  SET FORTH IN ATTACHMENT I OF THE NEW YORK STATE MEDICAID SECTION ONE
THOUSAND ONE HUNDRED FIFTEEN MEDICAID REDESIGN TEAM WAIVER  AS  APPROVED
BY  THE  CENTERS FOR MEDICARE AND MEDICAID SERVICES. THE COMMISSIONER OF
HEALTH SHALL, IN CONSULTATION WITH THE COMMISSIONER  OF  ALCOHOLISM  AND
SUBSTANCE  ABUSE  SERVICES  AND THE COMMISSIONER OF MENTAL HEALTH, WAIVE
SUCH CONDITIONS IF A SUFFICIENT NUMBER OF PROVIDERS,  AS  DETERMINED  BY
THE  COMMISSIONER,  SUFFER A FINANCIAL HARDSHIP AS A CONSEQUENCE OF SUCH
ALTERNATIVE PAYMENT METHODOLOGY REQUIREMENTS, OR  IF  HE  OR  SHE  SHALL
DETERMINE  THAT  SUCH  ALTERNATIVE  PAYMENT  METHODOLOGIES SIGNIFICANTLY
THREATEN INDIVIDUALS ACCESS TO AMBULATORY  BEHAVIORAL  HEALTH  SERVICES.
SUCH  WAIVER  MAY  BE  APPLIED  ON  A PROVIDER SPECIFIC OR INDUSTRY WIDE
BASIS. FURTHER, SUCH CONDITIONS  MAY  BE  WAIVED,  AS  THE  COMMISSIONER
DETERMINES  NECESSARY,  TO  COMPLY  WITH  FEDERAL  RULES  OR REGULATIONS
GOVERNING THESE PAYMENT METHODOLOGIES.   Nothing in this  section  shall

S. 2007--B                         103                        A. 3007--B

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 depart-
ment of health shall consult with the office of alcoholism and substance
abuse  services  and  the office of mental health in determining whether
such alternative rates shall be approved.  The  commissioner  of  health
may,  in  consultation with the commissioner of alcoholism and substance
abuse services and the commissioner of  the  office  of  mental  health,
promulgate  regulations,  including  emergency  regulations  promulgated
prior to October 1, 2015 to establish rates  for  ambulatory  behavioral
health  services,  as  are necessary to implement the provisions of this
section. Rates promulgated under this section shall be included  in  the
report required under section 45-c of part A of this chapter.
  2.  Notwithstanding  any  contrary  provision of law, the fees paid by
managed care organizations licensed  under  article  44  of  the  public
health  law  or  under  article  43  of  the insurance law, to providers
licensed pursuant to article 28 of the public health law or  article  31
or  32  of  the  mental  hygiene  law,  for ambulatory behavioral health
services provided to patients enrolled in  the  child  health  insurance
program  pursuant to title one-A of article 25 of the public health law,
shall be in the form of fees for such services which are  equivalent  to
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

S. 2007--B                         104                        A. 3007--B

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
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 ALTERNATIVE PAYMENT METHODOLOGY REQUIRE-
MENTS AS SET FORTH IN ATTACHMENT  I  OF  THE  NEW  YORK  STATE  MEDICAID
SECTION  ONE  THOUSAND ONE HUNDRED FIFTEEN MEDICAID REDESIGN TEAM WAIVER
AS APPROVED BY THE CENTERS  FOR  MEDICARE  AND  MEDICAID  SERVICES.  THE
COMMISSIONER  OF  HEALTH SHALL, IN CONSULTATION WITH THE COMMISSIONER OF
ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND THE COMMISSIONER  OF  MENTAL
HEALTH,  WAIVE  SUCH  CONDITIONS IF A SUFFICIENT NUMBER OF PROVIDERS, AS
DETERMINED BY THE COMMISSIONER, SUFFER A FINANCIAL HARDSHIP AS A  CONSE-
QUENCE OF SUCH ALTERNATIVE PAYMENT METHODOLOGY REQUIREMENTS, OR IF HE OR
SHE  SHALL DETERMINE THAT SUCH ALTERNATIVE PAYMENT METHODOLOGIES SIGNIF-
ICANTLY THREATEN INDIVIDUALS  ACCESS  TO  AMBULATORY  BEHAVIORAL  HEALTH
SERVICES.  SUCH WAIVER MAY BE APPLIED ON A PROVIDER SPECIFIC OR INDUSTRY
WIDE  BASIS. FURTHER, SUCH CONDITIONS MAY BE WAIVED, AS THE COMMISSIONER
DETERMINES NECESSARY,  TO  COMPLY  WITH  FEDERAL  RULES  OR  REGULATIONS
GOVERNING  THESE  PAYMENT METHODOLOGIES.   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

S. 2007--B                         105                        A. 3007--B

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 chap-
ter 56 of the laws of 2013.
  b. Notwithstanding any contrary provision of law,  the  fees  paid  by
managed  care  organizations  licensed  under  article  44 of the public
health law or under article  43  of  the  insurance  law,  to  providers
licensed  pursuant  to article 28 of the public health law or article 31
or 32 of the  mental  hygiene  law,  for  ambulatory  behavioral  health
services  provided  to  patients  enrolled in the child health insurance
program pursuant to title one-A of article 25 of the public health  law,
shall  be  in the form of fees for such services which are equivalent to
the payments established for such services under the ambulatory  patient
group  (APG)  rate-setting methodology. The commissioner of health shall
consult with the commissioner of alcoholism and substance abuse services
and the commissioner of the office of mental health 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 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, PROVIDED THAT THE COMMISSIONERS OF THE OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES, THE OFFICE OF MENTAL HEALTH, AND
THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES SHALL NOT  INCLUDE
A COLA BEGINNING APRIL 1, 2017 AND ENDING MARCH 31, 2019.

S. 2007--B                         106                        A. 3007--B

  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.
  § 2. Section 1 of part C of chapter 57 of the laws of  2006,  relating
to establishing a cost of living adjustment for designated human service
programs, is amended by adding a new subdivision 3-e to read as follows:
  3-E.  (I)  NOTWITHSTANDING  THE  PROVISIONS OF SUBDIVISION 3-B OF THIS
SECTION OR ANY OTHER INCONSISTENT PROVISION OF LAW, AND SUBJECT  TO  THE
AVAILABILITY  OF  THE APPROPRIATION THEREFOR, FOR THE PROGRAMS LISTED IN
PARAGRAPHS (I), (II), AND (III) OF SUBDIVISION 4 OF  THIS  SECTION,  THE
COMMISSIONERS  SHALL  PROVIDE  FUNDING TO SUPPORT (1) AN OVERALL AVERAGE
THREE AND ONE-QUARTER PERCENT (3.25%) INCREASE  TO  TOTAL  SALARIES  FOR
DIRECT CARE STAFF, DIRECT SUPPORT PROFESSIONALS FOR EACH ELIGIBLE STATE-
FUNDED  PROGRAM  BEGINNING  JANUARY  1, 2018; AND (2) AN OVERALL AVERAGE
THREE AND ONE-QUARTER PERCENT (3.25%) INCREASE  TO  TOTAL  SALARIES  FOR
DIRECT  CARE  STAFF AND DIRECT SUPPORT PROFESSIONALS, AND CLINICAL STAFF
FOR EACH ELIGIBLE STATE-FUNDED PROGRAM BEGINNING APRIL 1, 2018.  FOR THE
PURPOSE OF THIS FUNDING INCREASE, DIRECT SUPPORT PROFESSIONALS ARE INDI-
VIDUALS EMPLOYED IN CONSOLIDATED FISCAL REPORTING POSITION  TITLE  CODES
RANGING  FROM  100 TO 199; DIRECT CARE STAFF ARE INDIVIDUALS EMPLOYED IN
CONSOLIDATED FISCAL REPORTING POSITION TITLE CODES RANGING FROM  200  TO
299;  AND CLINICAL STAFF ARE INDIVIDUALS EMPLOYED IN CONSOLIDATED FISCAL
REPORTING POSITION TITLE CODES RANGING FROM 300 TO 399.
  (II) THE FUNDING MADE AVAILABLE PURSUANT  TO  PARAGRAPH  (I)  OF  THIS
SUBDIVISION  SHALL  BE  USED:  (1) TO HELP ALLEVIATE THE RECRUITMENT AND
RETENTION CHALLENGES OF DIRECT CARE STAFF, DIRECT SUPPORT  PROFESSIONALS
AND  CLINICAL  STAFF  EMPLOYED IN ELIGIBLE PROGRAMS; AND (2) TO CONTINUE
AND TO EXPAND EFFORTS TO SUPPORT THE PROFESSIONALISM OF THE DIRECT  CARE
WORKFORCE.  EACH  LOCAL  GOVERNMENT  UNIT  OR  DIRECT  CONTRACT PROVIDER
RECEIVING SUCH FUNDING SHALL HAVE FLEXIBILITY IN ALLOCATING SUCH FUNDING
TO SUPPORT SALARY INCREASES TO PARTICULAR JOB TITLES TO BEST ADDRESS THE
NEEDS OF ITS DIRECT CARE STAFF, DIRECT SUPPORT PROFESSIONALS  AND  CLIN-
ICAL  STAFF.  EACH  LOCAL  GOVERNMENT  UNIT  OR DIRECT CONTRACT PROVIDER
RECEIVING SUCH FUNDING SHALL ALSO SUBMIT  A  WRITTEN  CERTIFICATION,  IN
SUCH FORM AND AT SUCH TIME AS EACH COMMISSIONER SHALL PRESCRIBE, ATTEST-
ING  TO HOW SUCH FUNDING WILL BE OR WAS USED FOR PURPOSES ELIGIBLE UNDER
THIS SECTION. FURTHER, PROVIDERS SHALL SUBMIT A  RESOLUTION  FROM  THEIR
GOVERNING BODY TO THE APPROPRIATE COMMISSIONER, ATTESTING THAT THE FUND-
ING  RECEIVED  WILL  BE USED SOLELY TO SUPPORT SALARY AND SALARY-RELATED
FRINGE BENEFIT INCREASES FOR DIRECT CARE STAFF, DIRECT  SUPPORT  PROFES-
SIONALS  AND  CLINICAL STAFF, PURSUANT TO PARAGRAPH (I) OF THIS SUBDIVI-
SION. SALARY INCREASES THAT TAKE EFFECT ON AND AFTER APRIL 1,  2017  MAY
BE  USED  TO  DEMONSTRATE  COMPLIANCE  WITH  THE JANUARY 1, 2018 FUNDING
INCREASE AUTHORIZED BY THIS SECTION, EXCEPT FOR SALARY INCREASES  NECES-
SARY  TO COMPLY WITH STATE MINIMUM WAGE REQUIREMENTS. SUCH COMMISSIONERS
SHALL BE AUTHORIZED TO RECOUP ANY FUNDS AS  APPROPRIATED  HEREIN  DETER-
MINED  TO HAVE BEEN USED IN A MANNER INCONSISTENT WITH SUCH STANDARDS OR
INCONSISTENT WITH THE PROVISIONS OF THIS SUBDIVISION, AND  SUCH  COMMIS-
SIONERS SHALL BE AUTHORIZED TO EMPLOY ANY LEGAL MECHANISM TO RECOUP SUCH
FUNDS,  INCLUDING  AN  OFFSET OF OTHER FUNDS THAT ARE OWED TO SUCH LOCAL
GOVERNMENTAL UNIT OR PROVIDER.

S. 2007--B                         107                        A. 3007--B

  (III) WHERE APPROPRIATE, TRANSFERS TO THE DEPARTMENT OF  HEALTH  SHALL
BE MADE AS REIMBURSEMENT FOR THE STATE SHARE OF MEDICAL ASSISTANCE.
  §  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 1 of part C of chapter 57 of the
laws of 2006 made by sections one and two of this act shall  not  affect
the repeal of such section and shall be deemed repealed therewith.

                                 PART R

  Section  1.  The  public health law is amended by adding a new section
1113 to read as follows:
  § 1113. DRINKING WATER QUALITY COUNCIL; ESTABLISHED. 1. THERE SHALL BE
ESTABLISHED, WITHIN THE DEPARTMENT, THE DRINKING WATER QUALITY  COUNCIL.
SUCH COUNCIL SHALL BE COMPOSED OF TWELVE MEMBERS AS FOLLOWS:
  (A) THE COMMISSIONER, OR THE COMMISSIONER'S DESIGNEE, WHO SHALL BE THE
CHAIR OF THE COUNCIL;
  (B) THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION OR DESIGNEE;
  (C)  A DESIGNEE OF THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION WITH
EXPERTISE IN WATER RESOURCES;
  (D) A DESIGNEE OF THE COMMISSIONER WITH EXPERTISE IN  DRINKING  WATER;
AND
  (E)  EIGHT  MEMBERS  APPOINTED  BY  THE GOVERNOR, TWO OF WHOM SHALL BE
RECOMMENDED BY THE TEMPORARY PRESIDENT OF THE SENATE,  AND  TWO  BY  THE
SPEAKER OF THE ASSEMBLY.
  2.  (A)  OF  THE  FOUR MEMBERS APPOINTED TO THE DRINKING WATER QUALITY
COUNCIL AND RECOMMENDED BY THE TEMPORARY PRESIDENT OF THE SENATE AND THE
SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE  AND  THE
SPEAKER OF THE ASSEMBLY SHALL EACH RECOMMEND:
  (I) ONE MEMBER WHO REPRESENTS WATER PURVEYORS; AND
  (II)  ONE  MEMBER  REPRESENTING  THE  PUBLIC,  WHO HAS A BACKGROUND OR
EXPERTISE IN TOXICOLOGY OR HEALTH RISK ASSESSMENT.
  (B) OF THE FOUR ADDITIONAL MEMBERS APPOINTED  TO  THE  DRINKING  WATER
QUALITY COUNCIL, THE GOVERNOR SHALL APPOINT:
  (I) ONE MEMBER WHO REPRESENTS WATER PURVEYORS;
  (II)  ONE  MEMBER  WHO  HAS A BACKGROUND OR EXPERTISE IN TOXICOLOGY OR
HEALTH RISK ASSESSMENT;
  (III) ONE MEMBER WHO HAS A BACKGROUND OR  EXPERTISE  IN  MICROBIOLOGY;
AND
  (IV)  ONE  MEMBER  WHO  HAS A BACKGROUND OR EXPERTISE IN ENVIRONMENTAL
ENGINEERING.
  (C) THE MEMBERS OF SUCH COUNCIL APPOINTED PURSUANT TO PARAGRAPH (E) OF
SUBDIVISION ONE OF THIS SECTION SHALL SERVE TERMS OF TWO YEARS.
  (D) THE MEMBERS APPOINTED PURSUANT TO PARAGRAPH (E) 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.
  3. THE MEMBERS OF THE DRINKING WATER QUALITY COUNCIL 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 COUNCIL SHALL MEET AT SUCH TIMES AND
PLACES AS MAY BE DETERMINED BY ITS CHAIR. THE COUNCIL SHALL  MEET  AT  A
MINIMUM  OF TWO TIMES PER YEAR. ALL MEETINGS SHALL BE OPEN TO THE PUBLIC
PURSUANT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. A MAJORITY OF  THE

S. 2007--B                         108                        A. 3007--B

MEMBERS OF SUCH COUNCIL 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 COUNCIL.
  5.  THE  COUNCIL SHALL MAKE RECOMMENDATIONS TO THE DEPARTMENT RELATING
TO:
  (A) THOSE CONTAMINANTS, WHICH THE  DEPARTMENT  MAY  LIST  AS  EMERGING
CONTAMINANTS PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWELVE OF THIS
TITLE.
  (I)  IN  DETERMINING  WHAT SUBSTANCES SHALL BE RECOMMENDED AS EMERGING
CONTAMINANTS THE COUNCIL SHALL, AT A MINIMUM, CONSIDER:
  A. UNREGULATED CONTAMINANTS MONITORED PURSUANT  TO  THE  FEDERAL  SAFE
DRINKING WATER ACT (42 USC § 300G-1) AS AMENDED FROM TIME TO TIME;
  B.  SUBSTANCES  THAT  REQUIRE REGULATION OR MONITORING WHEN PRESENT IN
DRINKING WATER IN OTHER JURISDICTIONS OUTSIDE THE STATE OF NEW YORK;
  C. PESTICIDE CHEMICALS  FOR  WHICH  THE  UNITED  STATES  ENVIRONMENTAL
PROTECTION AGENCY HAS SET HUMAN HEALTH BENCHMARKS FOR DRINKING WATER;
  D.  SUBSTANCES  FOUND AT SITES IN REMEDIAL PROGRAMS LOCATED INSIDE AND
OUTSIDE THE STATE OF NEW YORK, INCLUDING BUT  NOT  LIMITED  TO  INACTIVE
HAZARDOUS WASTE SITES; AND
  E. WATERBORNE PATHOGENS AND MICROBIOLOGICAL CONTAMINANTS.
  (II)  THE COUNCIL SHALL RECOMMEND A NOTIFICATION LEVEL FOR EACH RECOM-
MENDED EMERGING CONTAMINANT.
  (III) THE COUNCIL SHALL RECOMMEND TIMEFRAMES AND FREQUENCIES IN  WHICH
TESTING  SHOULD  BE  REQUIRED FOR THE RECOMMENDED EMERGING CONTAMINANTS,
ALLOWING FOR VARIATION BASED ON CIRCUMSTANCES  SUCH  AS  THE  SOURCE  OF
WATER, THE REGION AND SIZE OF THE WATER SYSTEM.
  (IV)  THE  COUNCIL SHALL PROVIDE THE DEPARTMENT WITH ITS FIRST LIST OF
RECOMMENDED EMERGING CONTAMINANTS AND CORRESPONDING NOTIFICATION  LEVELS
FOR  WHICH  TESTING  SHALL  BE  REQUIRED NO LATER THAN ONE YEAR FROM THE
INITIAL MEETING OF THE COUNCIL, AND THE COUNCIL SHALL  UPDATE  THE  LIST
AND RECOMMEND NOTIFICATION LEVELS ANNUALLY THEREAFTER;
  (B)  A REVIEW OF SUBSTANCES IDENTIFIED AS EMERGING CONTAMINANTS PURSU-
ANT TO SECTION ONE THOUSAND ONE HUNDRED  TWELVE  OF  THIS  TITLE.  WHERE
APPROPRIATE  THE  COUNCIL  SHALL  RECOMMEND EITHER A MAXIMUM CONTAMINANT
LEVEL (MCL), OR THE REMOVAL OF THE SUBSTANCE FROM THE LIST  OF  EMERGING
CONTAMINANTS,  ON  THE  BASIS  OF  AVAILABLE SCIENTIFIC EVIDENCE AND ANY
OTHER RELEVANT FACTORS;
  (C) THE FORM AND CONTENT OF PUBLIC NOTIFICATIONS  ISSUED  PURSUANT  TO
SECTION ONE THOUSAND ONE HUNDRED TWELVE OF THIS TITLE;
  (D)  WORKING  WITH  OTHER STATE AGENCIES AND THE FEDERAL GOVERNMENT TO
ENSURE FUNDS ARE AVAILABLE AND ACCESSIBLE, PARTIES KNOWN TO BE RESPONSI-
BLE FOR CONTAMINATION ARE  PURSUED,  AND  MITIGATION,  REMEDIATION,  AND
CLEANUP PROJECTS OCCUR IN A TIMELY MANNER;
  (E)  THE  DEVELOPMENT  OF EDUCATIONAL MATERIALS REGARDING PRIVATE WELL
WATER TESTING;
  (F) THE APPROPRIATE USE OF, AND  METHODS  AND  MANNER  OF  CONDUCTING,
BIOMONITORING AND BIOMONITORING STUDIES;
  (G)  THE  INCLUSION  OF INFORMATION ON THE ONLINE TRACKING AND MAPPING
SYSTEM ESTABLISHED IN SECTION 3-0315 OF THE  ENVIRONMENTAL  CONSERVATION
LAW; AND
  (H)  ANYTHING  ELSE  THE DEPARTMENT OR THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION DESIGNATES.
  6. THE DRINKING WATER QUALITY COUNCIL SHALL BE ENTITLED TO REQUEST AND
RECEIVE INFORMATION FROM ANY STATE, MUNICIPAL DEPARTMENT, BOARD, COMMIS-
SION OR AGENCY THAT MAY BE REQUIRED OR  ARE  DEEMED  NECESSARY  FOR  THE

S. 2007--B                         109                        A. 3007--B

PURPOSES  OF SUCH COUNCIL, INCLUDING BUT NOT LIMITED TO ALL WATER INFOR-
MATION AND ANNUAL REPORTS THE DEPARTMENT HAS RELATING TO BOTH PUBLIC AND
PRIVATE WATER SUPPLIES.
  7.  BEFORE  THE COUNCIL ADVANCES ANY RECOMMENDATION TO THE DEPARTMENT,
THE COUNCIL SHALL PROVIDE AN  OPPORTUNITY  FOR  PUBLIC  AND  STAKEHOLDER
COMMENTS.  FINAL  RECOMMENDATIONS  OF THE COUNCIL SHALL BE POSTED ON THE
DEPARTMENT'S WEBSITE WITHIN THIRTY DAYS AFTER THE  COUNCIL  ADOPTS  SUCH
RECOMMENDATIONS.
  § 2. This act shall take effect immediately.

                                 PART S

  Section  1. Subdivision 2 of section 365-l of the social services law,
as added by section 37 of part H of chapter 59 of the laws of  2011,  is
amended to read as follows:
  2.  In  addition to payments made for health home services pursuant to
subdivision one of this section, the commissioner is authorized  to  pay
additional  amounts to providers of health home services that meet proc-
ess or outcome standards specified by the commissioner. SUCH  ADDITIONAL
AMOUNTS  MAY  BE PAID WITH STATE FUNDS ONLY IF FEDERAL FINANCIAL PARTIC-
IPATION FOR SUCH PAYMENTS IS UNAVAILABLE.
  § 2. Section 364-j of the social services law is amended by  adding  a
new subdivision 33 to read as follows:
  33.  FOR SERVICES UNDER THIS TITLE PROVIDED BY RESIDENTIAL HEALTH CARE
FACILITIES UNDER ARTICLE TWENTY-EIGHT OF  THE  PUBLIC  HEALTH  LAW,  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 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. THE  BENCH-
MARK FEE-FOR-SERVICE RATE SHALL CONTINUE TO BE PAID BY SUCH MANAGED CARE
ORGANIZATIONS FOR ALL SERVICES PROVIDED BY RESIDENTIAL HEALTHCARE FACIL-
ITIES  FROM THE EFFECTIVE DATE OF THIS SUBDIVISION AT LEAST UNTIL DECEM-
BER THIRTY-FIRST, TWO THOUSAND TWENTY.  THE COMMISSIONER MAY REQUIRE, AS
A CONDITION OF CONTINUING TO REQUIRE PAYMENT AT SUCH BENCHMARK RATE THAT
AGGREGATE MANAGED CARE EXPENDITURES TO RESIDENTIAL HEALTH  CARE  FACILI-
TIES  MEET THE ALTERNATIVE PAYMENT METHODOLOGY REQUIREMENTS SET FORTH IN
ATTACHMENT I OF THE NEW YORK STATE SECTION 1115 MEDICAID  REDESIGN  TEAM
WAIVER  AS  APPROVED  BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES.
THE COMMISSIONER OF HEALTH SHALL WAIVE SUCH REQUIREMENTS IF A SUFFICIENT
NUMBER OF PROVIDERS, AS DETERMINED BY THE COMMISSIONER, SUFFER A  FINAN-
CIAL  HARDSHIP  AS A CONSEQUENCE OF SUCH ALTERNATIVE PAYMENT METHODOLOGY
REQUIREMENTS, OR IF THE COMMISSIONER DETERMINES  THAT  SUCH  ALTERNATIVE
PAYMENT  METHODOLOGIES  SIGNIFICANTLY  THREATEN  INDIVIDUALS'  ACCESS TO
RESIDENTIAL HEALTH CARE FACILITY SERVICES; SUCH WAIVER MAY BE APPLIED ON
A PROVIDER-SPECIFIC OR INDUSTRY-WIDE BASIS. FURTHER,  SUCH  REQUIREMENTS
MAY  BE WAIVED, AS THE COMMISSIONER DETERMINES NECESSARY, TO COMPLY WITH
FEDERAL RULES OR REGULATIONS GOVERNING THESE PAYMENT METHODOLOGIES.
  § 3. Subdivision 2 of section 365-a of  the  social  services  law  is
amended by adding a new paragraph (dd) to read as follows:
  (DD) PASTEURIZED DONOR HUMAN MILK (PDHM), WHICH MAY INCLUDE FORTIFIERS
AS  MEDICALLY INDICATED, FOR INPATIENT USE, FOR WHICH A LICENSED MEDICAL
PRACTITIONER HAS ISSUED AN ORDER FOR AN INFANT WHO IS MEDICALLY OR PHYS-
ICALLY UNABLE TO RECEIVE MATERNAL BREAST MILK OR PARTICIPATE  IN  BREAST
FEEDING  OR  WHOSE  MOTHER  IS MEDICALLY OR PHYSICALLY UNABLE TO PRODUCE
MATERNAL BREAST MILK AT ALL OR IN SUFFICIENT QUANTITIES  OR  PARTICIPATE

S. 2007--B                         110                        A. 3007--B

IN  BREAST FEEDING DESPITE OPTIMAL LACTATION SUPPORT. SUCH INFANT SHALL:
(I) HAVE A DOCUMENTED BIRTH  WEIGHT  OF  LESS  THAN  ONE  THOUSAND  FIVE
HUNDRED  GRAMS;  OR  (II)  HAVE  A CONGENITAL OR ACQUIRED CONDITION THAT
PLACES  THE INFANT AT A HIGH RISK FOR DEVELOPMENT OF NECROTIZING ENTERO-
COLITIS; OR (III) HAVE A CONGENITAL OR ACQUIRED CONDITION THAT MAY BENE-
FIT FROM THE USE OF DONOR BREAST MILK AS DETERMINED BY THE  COMMISSIONER
OF HEALTH OR HIS OR HER DESIGNEE.
  §  4.  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  THE  COVERAGE  OF  A  SET  OF
SERVICES  TO ENSURE IMPROVED OUTCOMES OF WOMEN WHO ARE IN THE PROCESS OF
OVULATION ENHANCING DRUGS, LIMITED TO THE PROVISION OF  SUCH  TREATMENT,
OFFICE  VISITS,  HYSTEROSALPINGOGRAM  SERVICES,  PELVIC ULTRASOUNDS, AND
BLOOD TESTING; SERVICES SHALL BE LIMITED TO THOSE NECESSARY  TO  MONITOR
SUCH  TREATMENT.  IN  THE  EVENT  THAT  NINETY PERCENT FEDERAL FINANCIAL
PARTICIPATION FOR SUCH SERVICES IS NOT AVAILABLE,  THE  STATE  SHARE  OF
APPROPRIATIONS  RELATED  TO  THESE  SERVICES  SHALL  BE USED FOR A GRANT
PROGRAM INTENDED TO ACCOMPLISH THE PURPOSE OF THIS SECTION.
  § 5. Section 3614-c of the public health law, as amended by chapter 56
of the laws of 2016, subparagraph (iv) of paragraph (a) of subdivision 3
as amended by section 1 and subparagraph (iv) of paragraph (b) of subdi-
vision 3 as amended by section 2 of part E of chapter 73 of the laws  of
2016, is amended to read as follows:
  §  3614-c.  Home  care worker wage parity. 1. As used in this section,
the following terms shall have the following meaning:
  (a) "Living wage law" means any law  enacted  by  Nassau,  Suffolk  or
Westchester  county  or  a city with a population of one million or more
which establishes a minimum wage for some or all employees  who  perform
work on contracts with such county or city.
  (b) "Total compensation" means all wages and other direct compensation
paid to or provided on behalf of the employee including, but not limited
to, wages, health, education or pension benefits, supplements in lieu of
benefits  and  compensated  time  off,  except  that it does not include
employer taxes or employer portion of payments for  statutory  benefits,
including  but  not  limited to FICA, disability insurance, unemployment
insurance and workers' compensation.
  (c) "Prevailing rate of total compensation" means the  average  hourly
amount  of  total  compensation  paid  to all home care aides covered by
whatever collectively bargained agreement covers the greatest number  of
home  care aides in a city with a population of one million or more. For
purposes of this definition, any set of  collectively  bargained  agree-
ments  in  such  city  with  substantially the same terms and conditions
relating to total compensation shall be considered as a  single  collec-
tively bargained agreement.
  (d)  "Home  care  aide"  means a home health aide, personal care aide,
home attendant, PERSONAL ASSISTANT PERFORMING CONSUMER DIRECTED PERSONAL
ASSISTANCE SERVICES PURSUANT TO SECTION THREE  HUNDRED  SIXTY-FIVE-F  OF
THE  SOCIAL  SERVICES  LAW, or other licensed or unlicensed person whose
primary responsibility includes the provision of in-home assistance with
activities of daily living, instrumental activities of daily  living  or
health-related  tasks;  provided,  however, that home care aide does not
include any individual (i) working on a casual basis,  or  (ii)  (EXCEPT
FOR  A  PERSON  EMPLOYED UNDER THE CONSUMER DIRECTED PERSONAL ASSISTANCE
PROGRAM UNDER SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL  SERVICES
LAW)  who  is a relative through blood, marriage or adoption of: (1) the
employer; or (2) the person for whom the worker is delivering  services,

S. 2007--B                         111                        A. 3007--B

under  a  program  funded  or  administered  by  federal, state or local
government.
  (e)  "Managed  care plan" means any managed care program, organization
or demonstration covering personal care or home  health  aide  services,
and which receives premiums funded, in whole or in part, by the New York
state medical assistance program, including but not limited to all Medi-
caid  managed care, Medicaid managed long term care, Medicaid advantage,
and Medicaid advantage plus plans and all programs of all-inclusive care
for the elderly.
  (f) "Episode of care" means any service unit reimbursed, in  whole  or
in  part,  by  the  New  York  state medical assistance program, whether
through direct reimbursement or covered by a premium payment, and  which
covers,  in  whole or in part, any service provided by a home care aide,
including but not limited to all service units defined as visits, hours,
days, months or episodes.
  (g) "Cash portion of the minimum rate of home care  [aid]  AIDE  total
compensation"  means  the minimum amount of home care aide total compen-
sation that may be paid in cash wages, as determined by  the  department
in consultation with the department of labor.
  (h)  "Benefit  portion  of  the  minimum  rate of home care aide total
compensation" means the portion of home  care  aide  total  compensation
that  may be paid in cash or health, education or pension benefits, wage
differentials, supplements in lieu of benefits and compensated time off,
as determined by the department in consultation with the  department  of
labor.  Cash  wages  paid  pursuant to increases in the state or federal
minimum wage cannot be used to satisfy the benefit portion of the  mini-
mum rate of home care aide total compensation.
  2.  Notwithstanding  any  inconsistent provision of law, rule or regu-
lation, no payments by government agencies shall be  made  to  certified
home  health agencies, long term home health care programs [or], managed
care plans, OR THE CONSUMER DIRECTED PERSONAL ASSISTANCE  PROGRAM  UNDER
SECTION  THREE  HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW, for any
episode of care furnished, in whole or in part, by any  home  care  aide
who  is  compensated at amounts less than the applicable minimum rate of
home care aide total compensation established pursuant to this section.
  3. (a) The minimum rate of home care aide total compensation in a city
with a population of one million or more shall be:
  (i) for the period March first, two thousand twelve  through  February
twenty-eighth,  two  thousand  thirteen,  ninety  percent  of  the total
compensation mandated by the living wage law of such city;
  (ii) for the period March first, two thousand thirteen through  Febru-
ary  twenty-eighth,  two  thousand  fourteen, ninety-five percent of the
total compensation mandated by the living wage law of such city;
  (iii) for the period March first, two thousand fourteen through  March
thirty-first  two  thousand sixteen, no less than the prevailing rate of
total compensation as of January first,  two  thousand  eleven,  or  the
total  compensation mandated by the living wage law of such city, which-
ever is greater;
  (iv) for all periods on or after April first,  two  thousand  sixteen,
the  cash  portion  of  the minimum rate of home care aide total compen-
sation shall be ten dollars or the minimum wage as laid out in paragraph
(a) of subdivision one of section six hundred  fifty-two  of  the  labor
law,  whichever  is  higher.  The benefit portion of the minimum rate of
home care aide total compensation shall be four dollars and nine cents.
  (b) The minimum rate of home care aide total compensation in the coun-
ties of Nassau, Suffolk and Westchester shall be:

S. 2007--B                         112                        A. 3007--B

  (i) for the period March first, two thousand thirteen through February
twenty-eighth, two  thousand  fourteen,  ninety  percent  of  the  total
compensation  mandated by the living wage law as set on March first, two
thousand thirteen of a city with a population of a million or more;
  (ii)  for the period March first, two thousand fourteen through Febru-
ary twenty-eighth, two thousand  fifteen,  ninety-five  percent  of  the
total  compensation  mandated  by  the  living  wage law as set on March
first, two thousand fourteen of a city with a population of a million or
more;
  (iii) for the period March first, two thousand fifteen, through Febru-
ary twenty-eighth, two thousand sixteen,  one  hundred  percent  of  the
total  compensation  mandated  by  the  living  wage law as set on March
first, two thousand fifteen of a city with a population of a million  or
more;
  (iv)  for  all  periods on or after March first, two thousand sixteen,
the cash portion of the minimum rate of home  care  aide  total  compen-
sation shall be ten dollars or the minimum wage as laid out in paragraph
(b)  of  subdivision  one  of section six hundred fifty-two of the labor
law, whichever is higher. The benefit portion of  the  minimum  rate  of
home  care aide total compensation shall be three dollars and twenty-two
cents.
  4. The terms of this section shall apply equally to services  provided
by  home  care aides who work on episodes of care as direct employees of
certified home health agencies, long term home health care programs,  or
managed care plans, or as employees of licensed home care services agen-
cies,  limited  licensed  home  care  services agencies, OR THE CONSUMER
DIRECTED PERSONAL ASSISTANCE PROGRAM UNDER SECTION THREE HUNDRED  SIXTY-
FIVE-F OF THE SOCIAL SERVICES LAW, or under any other arrangement.
  5.  No payments by government agencies shall be made to certified home
health agencies, long term home health care programs, [or] managed  care
plans,  OR  THE  CONSUMER  DIRECTED  PERSONAL  ASSISTANCE  PROGRAM UNDER
SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW,  for  any
episode of care without the certified home health agency, long term home
health  care  program,  [or]  managed care plan OR THE CONSUMER DIRECTED
PERSONAL ASSISTANCE PROGRAM having delivered prior written certification
to the commissioner, on forms prepared by the department in consultation
with the department of labor, that  all  services  provided  under  each
episode  of  care  are in full compliance with the terms of this section
and any regulations promulgated pursuant to this section.
  6. If a certified home health agency or long  term  home  health  care
program elects to provide home care aide services through contracts with
licensed  home  care  services  agencies or through other third parties,
provided that the episode of care on which the home care aide  works  is
covered under the terms of this section, the certified home health agen-
cy, long term home health care program, or managed care plan must obtain
a  written  certification from the licensed home care services agency or
other third party, on forms prepared by the department  in  consultation
with  the  department  of labor, which attests to the licensed home care
services agency's or other third party's compliance with  the  terms  of
this section. Such certifications shall also obligate the certified home
health  agency, long term home health care program, or managed care plan
to obtain, on no less than a quarterly basis, all information  from  the
licensed  home  care services agency, FISCAL INTERMEDIARY or other third
parties necessary to verify compliance with the terms of  this  section.
Such certifications and the information exchanged pursuant to them shall
be retained by all certified home health agencies, long term home health

S. 2007--B                         113                        A. 3007--B

care  programs,  or  managed  care  plans,  and  all  licensed home care
services agencies, or other third parties for a period of no  less  than
ten years, and made available to the department upon request.
  7.  The  commissioner  shall  distribute  to all certified home health
agencies, long term home health care programs, [and] managed care plans,
AND FISCAL INTERMEDIARIES IN THE CONSUMER DIRECTED  PERSONAL  ASSISTANCE
PROGRAM  UNDER SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES
LAW, official notice of the minimum rates of home care aide compensation
at least one hundred twenty days prior to the  effective  date  of  each
minimum  rate  for each social services district covered by the terms of
this section.
  8. The commissioner is authorized to promulgate regulations,  and  may
promulgate  emergency  regulations,  to implement the provisions of this
section.
  9. Nothing in this section should be construed as  applicable  to  any
service  provided  by  certified  home  health  agencies, long term home
health care programs, [or] managed  care  plans,  OR  CONSUMER  DIRECTED
PERSONAL  ASSISTANCE PROGRAM UNDER SECTION THREE HUNDRED SIXTY-FIVE-F OF
THE SOCIAL SERVICES LAW except for all episodes of  care  reimbursed  in
whole or in part by the New York Medicaid program.
  10. No certified home health agency, managed care plan [or], long term
home  health  care  program,  OR  FISCAL  INTERMEDIARY  IN  THE CONSUMER
DIRECTED PERSONAL ASSISTANCE PROGRAM UNDER SECTION THREE HUNDRED  SIXTY-
FIVE-F  OF  THE  SOCIAL  SERVICES  LAW shall be liable for recoupment of
payments for services provided through a  licensed  home  care  services
agency or other third party with which the certified home health agency,
long  term home health care program, or managed care plan has a contract
because the licensed agency or other third party failed to  comply  with
the provisions of this section if the certified home health agency, long
term  home health care program, [or] managed care plan, OR FISCAL INTER-
MEDIARY has reasonably and in good faith  collected  certifications  and
all  information  required pursuant to subdivisions five and six of this
section.
  § 6. Notwithstanding any other provision of law, the  commissioner  of
health  is  authorized  to sell accounts receivable balances owed to the
state by Medicaid providers to financial institutions; provided that  no
such  sale  of  accounts  receivable  balances  shall  include any state
support, including a guarantee or contingent obligation of  state  funds
to  mitigate  the risk of nonpayment by providers owing on these account
receivable balances. The commissioner in consultation with the  director
of  the  budget  is  authorized to determine the sale prices of any such
accounts receivable balances and shall include sale terms governing  the
reasonable  collection  of  such  balances by the financial institution.
Following any such sale, providers owing on  these  accounts  receivable
balances  shall  not include any additional cost, interest, or financing
charges solely as a result of such sale but shall be  fully  responsible
for  paying  the accounts receivable balances. Proceeds from the sale of
the accounts receivable balances shall  be  deposited  to  the  Medicaid
escrow  fund  and  be  used  to offset Medicaid costs under the Medicaid
global spending cap. The commissioner shall provide the legislature with
a description of the terms of any such sale, including  a  list  of  the
impacted Medicaid providers, at least thirty days prior to the sale.
  § 7. This act shall take effect immediately; provided, however that:
  a.  the amendments to section 364-j of the social services law made by
section two of this act shall not affect the repeal of such section  and
shall be deemed to be repealed therewith;

S. 2007--B                         114                        A. 3007--B

  b. sections three and five of this act shall take effect July 1, 2017;
and
  c.  section  six of this act shall expire April 1, 2019; however, such
expiration shall not invalidate or otherwise impact any sale of accounts
receivable effected pursuant to such section prior to its expiration.

                                 PART T

  Section 1. This act shall be known and may  be  cited  as  the  "clean
water infrastructure act of 2017".
  §  2.  Article  15 of the environmental conservation law is amended by
adding a new title 33 to read as follows:

                                TITLE 33
                    SOURCE WATER PROTECTION PROJECTS
SECTION 15-3301. DEFINITIONS.
        15-3303. LAND ACQUISITION PROJECTS FOR SOURCE WATER PROTECTION.
        15-3305. APPROVAL AND EXECUTION OF PROJECTS.
§ 15-3301. DEFINITIONS.
  AS USED IN THIS TITLE THE FOLLOWING TERMS SHALL MEAN:
  1. "LAND ACQUISITION PROJECTS" MEANS OPEN SPACE  ACQUISITION  PROJECTS
UNDERTAKEN  WITH  WILLING  SELLERS  INCLUDING,  BUT  NOT LIMITED TO, THE
PURCHASE OF CONSERVATION EASEMENTS,  UNDERTAKEN  BY  A  MUNICIPALITY,  A
NOT-FOR-PROFIT  CORPORATION,  OR PURCHASE OF CONSERVATION EASEMENTS BY A
SOIL AND WATER CONSERVATION DISTRICT.
  2. "MUNICIPALITY" MEANS THE SAME AS SUCH TERM AS  DEFINED  IN  SECTION
56-0101 OF THIS CHAPTER.
  3. "NOT-FOR-PROFIT CORPORATION" MEANS A CORPORATION FORMED PURSUANT TO
THE  NOT-FOR-PROFIT  CORPORATION LAW AND QUALIFIED FOR TAX-EXEMPT STATUS
UNDER THE FEDERAL INTERNAL REVENUE CODE.
  4. "SOIL AND WATER CONSERVATION DISTRICT" MEANS THE SAME AS SUCH  TERM
AS DEFINED IN SECTION THREE OF THE SOIL AND WATER CONSERVATION DISTRICTS
LAW.
  5.  "STATE ASSISTANCE PAYMENT" MEANS PAYMENT OF THE STATE SHARE OF THE
COST OF PROJECTS AUTHORIZED BY THIS TITLE TO PRESERVE, ENHANCE,  RESTORE
AND IMPROVE THE QUALITY OF THE STATE'S ENVIRONMENT.
§ 15-3303. LAND ACQUISITION PROJECTS FOR SOURCE WATER PROTECTION.
  1. THE COMMISSIONER IS AUTHORIZED TO PROVIDE STATE ASSISTANCE TO MUNI-
CIPALITIES,  NOT-FOR-PROFIT CORPORATIONS AND SOIL AND WATER CONSERVATION
DISTRICTS TO  UNDERTAKE  LAND  ACQUISITION  PROJECTS  FOR  SOURCE  WATER
PROTECTION,  IN  COOPERATION  WITH  WILLING  SELLERS.  LAND  ACQUISITION
PROJECTS FOR SOURCE WATER PROTECTION SHALL SUPPORT,  EXPAND  OR  ENHANCE
DRINKING  WATER  QUALITY  PROTECTION, INCLUDING BUT NOT LIMITED TO AQUI-
FERS, WATERSHEDS, RESERVOIRS, LAKES, RIVERS AND STREAMS.
  2. A. ANY BUFFER ENCUMBERED BY A CONSERVATION EASEMENT ACQUIRED PURSU-
ANT TO THIS SECTION THAT ENCUMBERS LANDS USED IN AGRICULTURAL PRODUCTION
AS DEFINED IN SECTION THREE HUNDRED ONE OF THE AGRICULTURE  AND  MARKETS
LAW IN A COUNTY DESIGNATED STATE CERTIFIED AGRICULTURAL DISTRICT CREATED
UNDER SECTION THREE HUNDRED THREE OF THE AGRICULTURE AND MARKETS LAW MAY
ALLOW  AGRICULTURAL  ACTIVITY  THAT  QUALIFIES SUCH LANDS, PROVIDED SUCH
ACTIVITY ON SUCH LANDS DOES NOT IMPAIR DRINKING WATER AND COMPLIES  WITH
AN  AGRICULTURAL  ENVIRONMENTAL MANAGEMENT PROGRAM PLAN DEVELOPED BY THE
STATE SOIL AND WATER CONSERVATION COMMITTEE,  IN  PARTNERSHIP  WITH  THE
DEPARTMENT.

S. 2007--B                         115                        A. 3007--B

  B.  NOTWITHSTANDING  ANY LIMITATIONS PROVIDED HEREIN ON LANDS ACQUIRED
PURSUANT TO THIS TITLE A LICENSE OR EASEMENT MAY BE GRANTED BY THE OWNER
OF SUCH PROPERTY TO A PUBLIC UTILITY FOR A PUBLIC PURPOSE.
  3. IN EVALUATING LAND ACQUISITION PROJECTS FOR SOURCE WATER PROTECTION
PURSUANT TO THIS SECTION, THE DEPARTMENT SHALL GIVE PRIORITY TO PROJECTS
WHICH  PROTECT OR RECHARGE DRINKING WATER SOURCES AND WATERSHEDS INCLUD-
ING RIPARIAN BUFFERS AND WETLANDS.
  4. A. NO STATE ASSISTANCE MAY BE PROVIDED PURSUANT TO THIS SECTION  TO
FUND  ANY LAND ACQUISITION PROJECT WHICH IS UNDERTAKEN BY EMINENT DOMAIN
UNLESS SUCH PROCESS IS UNDERTAKEN WITH A WILLING SELLER.
  B. THE DEPARTMENT SHALL NOT PROVIDE FUNDING PURSUANT TO THIS TITLE FOR
ANY LAND ACQUISITION PROJECT FOR SOURCE WATER PROTECTION BY  A  NOT-FOR-
PROFIT  CORPORATION,  IF  ANY  TOWN, VILLAGE OR CITY WITHIN WHICH SUCH A
PROJECT IS LOCATED, BY RESOLUTION, WITHIN NINETY DAYS OF NOTIFICATION BY
SUCH CORPORATION OF ITS INTEREST IN ACQUIRING SUCH PROJECTS, OBJECTS  TO
SUCH ACQUISITION.
  5. CONSISTENT WITH SECTION ELEVEN-B OF THE SOIL AND WATER CONSERVATION
DISTRICTS LAW, THE SOIL AND WATER CONSERVATION COMMITTEE IN CONSULTATION
WITH  THE  COMMISSIONER  OF  AGRICULTURE  AND  MARKETS  IS AUTHORIZED TO
PROVIDE STATE ASSISTANCE PAYMENTS TO COUNTY SOIL AND WATER  CONSERVATION
DISTRICTS,  WITHIN  AMOUNTS  APPROPRIATED, FOR LAND ACQUISITION PROJECTS
FOR SOURCE WATER PROTECTION  PROJECTS  TO  SUPPORT,  EXPAND  OR  ENHANCE
DRINKING  WATER  QUALITY  PROTECTION, INCLUDING BUT NOT LIMITED TO AQUI-
FERS, WATERSHEDS, RESERVOIRS, LAKES, RIVERS AND STREAMS.  SUCH COMMITTEE
SHALL GIVE PRIORITY TO PROJECTS  WHICH  ESTABLISH  BUFFERS  FROM  WATERS
WHICH  SERVES  AS OR ARE TRIBUTARIES TO DRINKING WATER SUPPLIES FOR SUCH
PROJECTS USING STATE ASSISTANCE PURSUANT TO THIS SECTION.
  6. REAL PROPERTY ACQUIRED, DEVELOPED, IMPROVED, RESTORED OR  REHABILI-
TATED  BY  OR  THROUGH A MUNICIPALITY OR NOT-FOR-PROFIT CORPORATION WITH
FUNDS MADE AVAILABLE PURSUANT TO THIS TITLE SHALL NOT BE  SOLD,  LEASED,
EXCHANGED,  DONATED  OR OTHERWISE DISPOSED OF OR USED FOR OTHER THAN THE
PUBLIC PURPOSES OF THIS TITLE WITHOUT THE EXPRESS AUTHORITY OF AN ACT OF
THE LEGISLATURE, WHICH SHALL PROVIDE FOR THE SUBSTITUTION OF OTHER LANDS
OF EQUAL ENVIRONMENTAL VALUE AND FAIR MARKET VALUE AND REASONABLY EQUIV-
ALENT USEFULNESS AND LOCATION TO  THOSE  TO  BE  DISCONTINUED,  SOLD  OR
DISPOSED  OF,  AND  SUCH  OTHER REQUIREMENTS AS SHALL BE APPROVED BY THE
COMMISSIONER.
  7. IF THE STATE ACQUIRES A REAL PROPERTY INTEREST IN LAND PURCHASED BY
A MUNICIPALITY OR NOT-FOR-PROFIT WITH FUNDS MADE AVAILABLE  PURSUANT  TO
THIS  TITLE,  THE STATE SHALL PAY THE FAIR MARKET VALUE OF SUCH INTEREST
LESS THE AMOUNT OF FUNDING  PROVIDED  BY  THE  STATE  PURSUANT  TO  THIS
SECTION.
  8. TO THE FULLEST EXTENT PRACTICABLE, IT IS THE POLICY OF THE STATE TO
PROMOTE AN EQUITABLE REGIONAL DISTRIBUTION OF FUNDS, CONSISTENT WITH THE
PURPOSE OF THIS SECTION.
§ 15-3305. APPROVAL AND EXECUTION OF PROJECTS.
  1. LAND ACQUISITION PROJECTS FOR SOURCE WATER PROTECTION MAY BE UNDER-
TAKEN  PURSUANT  TO  THE PROVISIONS OF THIS ARTICLE AND OTHER APPLICABLE
PROVISIONS OF LAW ONLY WITH THE APPROVAL OF THE COMMISSIONER.
  2. THE COMMISSIONER SHALL REVIEW  SUCH  PROJECT  APPLICATION  AND  MAY
APPROVE,  DISAPPROVE  OR RECOMMEND MODIFICATIONS THERETO CONSISTENT WITH
APPLICABLE LAW, CRITERIA, STANDARDS OR RULES AND REGULATIONS RELATIVE TO
SUCH PROJECTS. IN REVIEWING APPLICATIONS FOR PROJECTS PURSUANT  TO  THIS
SECTION, THE COMMISSIONER SHALL GIVE DUE CONSIDERATION TO:
  A.  THE  PROJECT'S  CONTRIBUTION  TO  THE PROTECTION OF DRINKING WATER
SUPPLIES;

S. 2007--B                         116                        A. 3007--B

  B.  THE  PRESENCE  OF  A  WATER  PLAN,  INCLUDING   A   SOURCE   WATER
ASSESSMENT/PROTECTION  PLAN OR OTHER SIMILAR PLAN WHICH IDENTIFIES MEAS-
URES TO REDUCE THREATS TO DRINKING WATER SOURCES AND PRIORITIES FOR LAND
ACQUISITION PROJECTS; AND,
  C. FINANCIAL NEED OR HARDSHIP.
  3.  ALL  LAND ACQUISITION PROJECTS SHALL BE UNDERTAKEN IN THE STATE OF
NEW YORK. THE TOTAL AMOUNT OF THE STATE ASSISTANCE PAYMENTS  TOWARD  THE
COST  OF ANY SUCH PROJECT SHALL BE SET FORTH IN ANY REQUEST FOR PROPOSAL
ISSUED TO SOLICIT PROJECTS AND WILL  IN  NO  EVENT  EXCEED  SEVENTY-FIVE
PERCENT OF THE COST.
  FOR  THE  PURPOSE  OF  DETERMINING  THE AMOUNT OF THE STATE ASSISTANCE
PAYMENTS, THE COST OF THE PROJECT SHALL NOT BE MORE THAN THE AMOUNT  SET
FORTH  IN  THE APPLICATION FOR STATE ASSISTANCE PAYMENTS APPROVED BY THE
COMMISSIONER. THE STATE ASSISTANCE PAYMENTS TOWARD THE COST OF A PROJECT
SHALL BE PAID ON AUDIT AND WARRANT OF THE STATE COMPTROLLER ON A CERTIF-
ICATE OF AVAILABILITY OF THE DIRECTOR OF THE BUDGET.
  4. A. THE COMMISSIONER AND A MUNICIPALITY MAY ENTER  INTO  A  CONTRACT
FOR  THE  UNDERTAKING  BY  THE MUNICIPALITY OF A SOURCE WATER PROTECTION
PROJECT. SUCH PROJECT SHALL BE RECOMMENDED TO THE  COMMISSIONER  BY  THE
GOVERNING BODY OF THE MUNICIPALITY AND, WHEN APPROVED BY THE COMMISSION-
ER, MAY BE UNDERTAKEN BY THE MUNICIPALITY PURSUANT TO THIS TITLE AND ANY
OTHER APPLICABLE PROVISION OF LAW.
  B.  THE COMMISSIONER AND A NOT-FOR-PROFIT CORPORATION MAY ENTER INTO A
CONTRACT FOR THE UNDERTAKING BY  THE  NOT-FOR-PROFIT  CORPORATION  OF  A
SOURCE  WATER PROTECTION PROJECT. SUCH A PROJECT SHALL BE RECOMMENDED TO
THE COMMISSIONER BY THE GOVERNING BODY OF A  NOT-FOR-PROFIT  CORPORATION
WHICH  DEMONSTRATES  TO  THE SATISFACTION OF THE COMMISSIONER THAT IT IS
CAPABLE OF OPERATING AND MAINTAINING SUCH PROPERTY FOR  THE  BENEFIT  OF
DRINKING  WATER  AND/OR  WATER  QUALITY PROTECTION. UPON APPROVAL BY THE
COMMISSIONER, SUCH PROJECT MAY BE UNDERTAKEN PURSUANT TO THE  PROVISIONS
OF THIS TITLE AND ANY OTHER APPLICABLE PROVISION OF LAW.
  5. NO MONIES SHALL BE EXPENDED FOR SOURCE WATER PROTECTION LAND ACQUI-
SITION PROJECTS EXCEPT PURSUANT TO AN APPROPRIATION THEREFOR.
  §  3. The public health law is amended by adding a new section 1114 to
read as follows:
  § 1114. LEAD SERVICE LINE REPLACEMENT GRANT PROGRAM.  1. TO THE EXTENT
PRACTICABLE, THE DEPARTMENT SHALL ALLOCATE APPROPRIATED FUNDS  EQUITABLY
AMONG  REGIONS  OF  THE  STATE. WITHIN EACH REGION, THE DEPARTMENT SHALL
GIVE PRIORITY TO MUNICIPALITIES THAT HAVE A HIGH PERCENTAGE OF  ELEVATED
CHILDHOOD BLOOD LEAD LEVELS, BASED ON THE MOST RECENT AVAILABLE DATA. IN
DISTRIBUTING THE AWARDS ALLOCATED FOR EACH REGION TO SUCH PRIORITY MUNI-
CIPALITIES,  THE DEPARTMENT SHALL ALSO CONSIDER WHETHER THE COMMUNITY IS
LOW INCOME AND THE NUMBER OF LEAD SERVICE LINES IN NEED OF  REPLACEMENT.
THE  DEPARTMENT  MAY  REQUEST  THAT  SUCH  MUNICIPALITIES  PROVIDE  SUCH
DOCUMENTATION AS THE DEPARTMENT MAY REQUIRE TO CONFIRM  AWARD  ELIGIBIL-
ITY.
  2. THE DEPARTMENT SHALL PUBLISH INFORMATION, APPLICATION FORMS, PROCE-
DURES  AND  GUIDELINES  RELATING  TO THE PROGRAM ON ITS WEBSITE AND IN A
MANNER THAT IS ACCESSIBLE TO THE PUBLIC AND ALL POTENTIAL AWARD  RECIPI-
ENTS.
  §  4.  Article  27 of the environmental conservation law is amended by
adding a new title 12 to read as follows:
                                 TITLE 12

       MITIGATION AND REMEDIATION OF CERTAIN SOLID WASTE SITES AND
                      DRINKING WATER CONTAMINATION

S. 2007--B                         117                        A. 3007--B

SECTION 27-1201. DEFINITIONS.
        27-1203. MITIGATION AND REMEDIATION OF SOLID WASTE SITES.
        27-1205. MITIGATION OF CONTAMINANTS IN DRINKING WATER.
        27-1207. USE AND REPORTING OF THE SOLID WASTE MITIGATION ACCOUNT
                   AND THE DRINKING WATER RESPONSE ACCOUNT.
        27-1209. RULES AND REGULATIONS.
        27-1211. PROTECTION  AGAINST  LIABILITY AND LIABILITY EXEMPTIONS
                   AND DEFENSES.
§ 27-1201. DEFINITIONS.
  WHEN USED IN THIS TITLE:
  1. "CONTAMINANT" MEANS EMERGING CONTAMINANTS PURSUANT TO SECTION ELEV-
EN HUNDRED TWELVE OF THE PUBLIC HEALTH LAW, AND, FOR SOLID WASTE  SITES,
SHALL INCLUDE PARAMETERS IDENTIFIED IN REGULATIONS REQUIRED TO BE TESTED
BY LANDFILLS TO ENSURE THE PROTECTION OF GROUNDWATER QUALITY.
  2.  "CONTAMINATION"  OR "CONTAMINATED" MEANS THE PRESENCE OF A CONTAM-
INANT IN ANY ENVIRONMENTAL MEDIA,  INCLUDING  SOIL,  SURFACE  WATER,  OR
GROUNDWATER,  SUFFICIENT  TO  CAUSE  OR  SUBSTANTIALLY  CONTRIBUTE TO AN
EXCEEDANCE OF STANDARDS, CRITERIA, AND GUIDANCE  VALUES  ESTABLISHED  BY
THE  DEPARTMENT  OR  DRINKING WATER STANDARDS, INCLUDING MAXIMUM CONTAM-
INANT LEVELS, NOTIFICATION LEVELS, MAXIMUM RESIDUAL DISINFECTANT  LEVELS
OR ACTION LEVELS ESTABLISHED BY THE DEPARTMENT OF HEALTH.
  3.  "DRINKING WATER CONTAMINATION SITE" MEANS ANY AREA OR SITE THAT IS
CAUSING OR SUBSTANTIALLY CONTRIBUTING TO THE  CONTAMINATION  OF  ONE  OR
MORE PUBLIC DRINKING WATER SUPPLIES.
  4.  "DRINKING  WATER  RESPONSE  ACCOUNT" MEANS THE ACCOUNT ESTABLISHED
PURSUANT TO SUBDIVISION ONE  OF  SECTION  NINETY-SEVEN-B  OF  THE  STATE
FINANCE LAW.
  5.  "MITIGATION"  MEANS  THE  INVESTIGATION,  SAMPLING, MANAGEMENT, OR
TREATMENT OF A SOLID WASTE SITE OR  DRINKING  WATER  CONTAMINATION  SITE
REQUIRED  TO  ENSURE  THE AVAILABILITY OF SAFE DRINKING WATER, INCLUDING
PUBLIC WATER SYSTEMS AND INDIVIDUAL ONSITE WATER SUPPLY  SYSTEMS  NECES-
SARY TO MEET STANDARDS, CRITERIA, AND GUIDANCE VALUES ESTABLISHED BY THE
DEPARTMENT  OR  DRINKING  WATER STANDARDS, INCLUDING MAXIMUM CONTAMINANT
LEVELS, NOTIFICATION LEVELS, MAXIMUM RESIDUAL  DISINFECTANT  LEVELS,  OR
ACTION  LEVELS  ESTABLISHED  BY  THE  DEPARTMENT  OF  HEALTH THAT CAN BE
SUCCESSFULLY CARRIED OUT WITH AVAILABLE, IMPLEMENTABLE  AND  COST-EFFEC-
TIVE  TECHNOLOGY. "MITIGATION" ACTIVITIES INCLUDE BUT ARE NOT LIMITED TO
THE INSTALLATION OF DRINKING WATER TREATMENT SYSTEMS, THE  PROVISION  OF
ALTERNATIVE  WATER  SUPPLIES,  OR REPAIR OF A LANDFILL CAP. "MITIGATION"
DOES NOT MEAN REMEDIATION.
  6. "SOLID WASTE SITE" MEANS A SITE WHERE  (A)  THE  DEPARTMENT  HAS  A
REASONABLE  BASIS  TO  SUSPECT  THAT THE ILLEGAL DISPOSAL OF SOLID WASTE
OCCURRED OR, (B) A COURT OF COMPETENT JURISDICTION HAS  DETERMINED  THAT
AN ILLEGAL DISPOSAL OF SOLID WASTE OCCURRED, OR (C) THE DEPARTMENT KNOWS
OR  HAS  A  REASONABLE  BASIS  TO  SUSPECT  THAT AN INACTIVE SOLID WASTE
MANAGEMENT FACILITY WHICH DOES NOT HAVE A CURRENT MONITORING PROGRAM  IS
IMPACTING  OR  CONTAMINATING  ONE OR MORE DRINKING WATER SUPPLIES. SOLID
WASTE SITE SHALL NOT INCLUDE A SITE WHICH IS CURRENTLY SUBJECT TO INVES-
TIGATION OR REMEDIATION PURSUANT TO TITLE THIRTEEN OR FOURTEEN  OF  THIS
ARTICLE  OR  ANY  SITE  WHICH  COMPLETED  SUCH  PROGRAMS  AND WAS EITHER
DELISTED BY OR RECEIVED A CERTIFICATE OF COMPLETION FROM THE DEPARTMENT.
  7. "SOLID WASTE MITIGATION  ACCOUNT"  MEANS  THE  ACCOUNT  ESTABLISHED
PURSUANT  TO  SUBDIVISION  ONE  OF  SECTION  NINETY-SEVEN-B OF THE STATE
FINANCE LAW.
  8. "SOLID WASTE MANAGEMENT FACILITY" MEANS ANY FACILITY  EMPLOYED  FOR
SOLID  WASTE  COLLECTION,  PROCESSING  AND DISPOSAL INCLUDING PROCESSING

S. 2007--B                         118                        A. 3007--B

SYSTEMS, INCLUDING RESOURCE RECOVERY FACILITIES OR OTHER FACILITIES  FOR
REDUCING  SOLID  WASTE  VOLUME, SANITARY LANDFILLS, REGULATED FACILITIES
FOR THE DISPOSAL OF CONSTRUCTION AND DEMOLITION DEBRIS, REGULATED PLANTS
AND  FACILITIES  FOR  COMPACTING,  COMPOSTING  OR  PYROLIZATION OF SOLID
WASTES, REGULATED MULCH  FACILITIES,  LANDSPREADING  AND  SOIL  AMENDING
OPERATIONS, AND INCINERATORS.
§ 27-1203. MITIGATION AND REMEDIATION OF SOLID WASTE SITES.
  1.  THE  SOLID  WASTE  SITE  PRIORITY IN THIS STATE IS TO MITIGATE AND
REMEDIATE ANY SOLID WASTE SITE CAUSING OR SUBSTANTIALLY CONTRIBUTING  TO
IMPAIRMENTS OF DRINKING WATER QUALITY WHICH MAY IMPACT PUBLIC HEALTH.
  2. THE DEPARTMENT SHALL, IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH,
DEVELOP A SYSTEM TO SELECT AND PRIORITIZE SITES FOR MITIGATION AND REME-
DIATION, CONSIDERING THE EFFECTS ON THE HEALTH OF THE STATE.
  3.  BEGINNING JULY FIRST, TWO THOUSAND NINETEEN AND ANNUALLY THEREAFT-
ER, THE DEPARTMENT SHALL PREPARE AND SUBMIT  TO  THE  GOVERNOR  AND  THE
LEGISLATURE  A  COMPREHENSIVE  PLAN  DESIGNED  TO MITIGATE AND REMEDIATE
SOLID WASTE SITES. THIS PLAN SHALL ESTABLISH A SOLID  WASTE  SITE  MITI-
GATION AND REMEDIATION PRIORITY LIST.
  4.  THE DEPARTMENT IS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATIONS
TO DETERMINE IF A SOLID WASTE SITE IS CAUSING OR SUBSTANTIALLY  CONTRIB-
UTING TO IMMINENT OR DOCUMENTED DRINKING WATER SOURCE CONTAMINATION. THE
DEPARTMENT,  AND  ANY EMPLOYEE, AGENT, CONSULTANT OR OTHER PERSON ACTING
AT THE DIRECTION OF THE DEPARTMENT, SHALL HAVE THE  AUTHORITY  TO  ENTER
ALL  SOLID  WASTE  SITES  FOR  THE PURPOSE OF PRELIMINARY INVESTIGATION,
MITIGATION AND REMEDIATION, PROVIDED THAT  THE  DEPARTMENT  HAS  MADE  A
REASONABLE  EFFORT TO IDENTIFY THE OWNER OF SUCH PROPERTY TO NOTIFY SUCH
OWNER OF THE INTENT TO ENTER THE PROPERTY AT LEAST TEN DAYS IN  ADVANCE.
IN  THE  EVENT  THE COMMISSIONER OF HEALTH MAKES A WRITTEN DETERMINATION
THAT SUCH TEN DAY NOTICE  WILL  NOT  BE  SUFFICIENT  TO  PROTECT  PUBLIC
HEALTH,  TWO DAYS' WRITTEN NOTICE SHALL BE SUFFICIENT. ANY INSPECTION OF
THE PROPERTY AND EACH TAKING OF SAMPLES SHALL TAKE PLACE  AT  REASONABLE
TIMES  AND  SHALL BE COMMENCED AND COMPLETED WITH REASONABLE PROMPTNESS.
SUCH PRELIMINARY INVESTIGATION SHALL INCLUDE:
  A. CONDUCTING OR CAUSING TO BE CONDUCTED FIELD INVESTIGATIONS OF  HIGH
PRIORITY  SITES  IDENTIFIED IN THE PLAN ESTABLISHED PURSUANT TO SUBDIVI-
SION THREE OF THIS SECTION FOR THE PURPOSE OF FURTHER DEFINING NECESSARY
MITIGATION AND REMEDIATION, IF ANY. TO THE MAXIMUM  EXTENT  PRACTICABLE,
THE  DEPARTMENT  SHALL  UTILIZE  EXISTING INFORMATION INCLUDING, BUT NOT
LIMITED TO, SUBSURFACE BORINGS AND ANY  ANALYSES  OR  TESTS  OF  SAMPLES
TAKEN  FROM SUCH SITES BY OWNERS OR OPERATORS, OTHER RESPONSIBLE PERSONS
AND ANY FEDERAL OR NON-FEDERAL AGENCIES;
  B. MAKING ANY SUBSURFACE BORINGS AND ANY ANALYSES OR TESTS OF  SAMPLES
TAKEN  AS MAY BE NECESSARY OR DESIRABLE TO EFFECTUATE THE FIELD INVESTI-
GATIONS OF SITES AS REQUIRED UNDER THIS SECTION SUBJECT TO THE  REQUIRE-
MENTS  OF  THIS TITLE. IF THE OWNER OF A SOLID WASTE SITE CAN BE IDENTI-
FIED, THE DEPARTMENT SHALL PROVIDE SUCH OWNER  WITH  A  MINIMUM  OF  TEN
DAYS'  WRITTEN  NOTICE  OF THE INTENT TO TAKE SUCH BORINGS OR SAMPLES IN
ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION TWELVE OF SECTION  27-1205
OF  THIS  TITLE.  IF ANY ANALYSIS IS MADE OF SUCH SAMPLES, A COPY OF THE
RESULTS OF SUCH ANALYSIS SHALL BE FURNISHED PROMPTLY  TO  THE  OWNER  OR
OPERATOR. UPON THE COMPLETION OF ALL SAMPLING ACTIVITIES, THE DEPARTMENT
OR AUTHORIZED PERSON SHALL REMOVE, OR CAUSE TO BE REMOVED, ALL EQUIPMENT
AND  WELL MACHINERY AND RETURN THE GROUND SURFACE OF THE PROPERTY TO ITS
CONDITION PRIOR TO SUCH SAMPLING, UNLESS THE  DEPARTMENT  OR  AUTHORIZED
PERSON, AND THE OWNER OF THE PROPERTY SHALL OTHERWISE AGREE;

S. 2007--B                         119                        A. 3007--B

  C.  MAKING ANY RECORD SEARCHES OR DOCUMENT REVIEWS AS MAY BE NECESSARY
OR DESIRABLE TO EFFECTUATE THE PURPOSES OF THIS SECTION SUBJECT  TO  THE
REQUIREMENTS OF THIS TITLE.
  5.  IF  THE  DEPARTMENT  OR  THE DEPARTMENT OF HEALTH, AS APPROPRIATE,
DETERMINES THAT A SOLID WASTE SITE POSES A  SIGNIFICANT  THREAT  TO  THE
PUBLIC  HEALTH  OR  ENVIRONMENT  DUE  TO HAZARDOUS WASTE, THE DEPARTMENT
SHALL REFER THE SITE TO THE INACTIVE HAZARDOUS WASTE DISPOSAL SITE REME-
DIAL PROGRAM PURSUANT TO TITLE THIRTEEN OF THIS ARTICLE.
  6. WHERE THE DEPARTMENT HAS DETERMINED THROUGH A PRELIMINARY  INVESTI-
GATION  CONDUCTED  PURSUANT  TO  SUBDIVISION FOUR OF THIS SECTION THAT A
SOLID WASTE SITE IS CAUSING OR  SUBSTANTIALLY  CONTRIBUTING  TO  CONTAM-
INATION  OF  A  PUBLIC DRINKING WATER SUPPLY, THE OWNER OR OPERATOR OF A
SOLID WASTE SITE SHALL, AT THE DEPARTMENT'S WRITTEN  REQUEST,  COOPERATE
WITH  ANY  AND ALL REMEDIAL MEASURES DEEMED NECESSARY AND WHICH SHALL BE
UNDERTAKEN BY THE DEPARTMENT, IN  CONJUNCTION  WITH  THE  DEPARTMENT  OF
HEALTH, FOR THE MITIGATION AND REMEDIATION OF A SOLID WASTE SITE OR AREA
WHICH IS NECESSARY TO ENSURE THAT DRINKING WATER MEETS APPLICABLE STAND-
ARDS, INCLUDING MAXIMUM CONTAMINANT LEVELS, NOTIFICATION LEVELS, MAXIMUM
RESIDUAL  DISINFECTANT  LEVELS,  OR  ACTION  LEVELS  ESTABLISHED  BY THE
DEPARTMENT OF HEALTH. THE DEPARTMENT MAY IMPLEMENT NECESSARY MEASURES TO
MITIGATE AND REMEDIATE THE SOLID WASTE SITE WITHIN AMOUNTS  APPROPRIATED
FOR SUCH PURPOSES FROM THE SOLID WASTE MITIGATION ACCOUNT.
§ 27-1205. MITIGATION OF CONTAMINANTS IN DRINKING WATER.
  1.  WHENEVER  THE  COMMISSIONER  OF HEALTH HAS REQUIRED A PUBLIC WATER
SYSTEM TO TAKE ACTION TO REDUCE EXPOSURE TO AN EMERGING  CONTAMINANT  OR
EMERGING  CONTAMINANTS  AND HAS DETERMINED THAT THE CONCENTRATION OF THE
EMERGING CONTAMINANT CONSTITUTES AN ACTUAL OR POTENTIAL THREAT TO PUBLIC
HEALTH BASED ON THE BEST AVAILABLE SCIENTIFIC  INFORMATION  PURSUANT  TO
SECTION  ELEVEN  HUNDRED TWELVE OF THE PUBLIC HEALTH LAW, THE DEPARTMENT
IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH, MAY, PURSUANT TO THE CLEAN
WATER INFRASTRUCTURE ACT OF 2017 AND WITHIN THE UP TO ONE HUNDRED THIRTY
MILLION DOLLARS APPROPRIATED FOR SUCH PURPOSES, UNDERTAKE ALL REASONABLE
AND NECESSARY ADDITIONAL MITIGATION MEASURES IN ANY AREA OF THE STATE IN
WHICH CONTAMINATION IS KNOWN TO BE PRESENT. THE DEPARTMENT SHALL  EMPLOY
FEASIBLE  MEASURES  THAT CAN BE SUCCESSFULLY CARRIED OUT WITH AVAILABLE,
IMPLEMENTABLE AND COST EFFECTIVE TECHNOLOGY. SUCH AREA SHALL INCLUDE, AT
A MINIMUM, ALL PROPERTIES SERVED BY THE PUBLIC WATER SYSTEM,  ANY  INDI-
VIDUAL  ONSITE  WATER  SUPPLY SYSTEMS IMPACTED BY THE CONTAMINATION, AND
ANY LAND AND ANY SURFACE OR UNDERGROUND WATER SOURCES  IMPACTED  BY  THE
CONTAMINATION.  SUCH  APPROVED  MEASURES  SHALL  BE PROTECTIVE OF PUBLIC
HEALTH AND MAY INCLUDE BUT NOT BE LIMITED TO THE INSTALLATION OF  TREAT-
MENT  SYSTEMS  OR  THE  PROVISION OF ALTERNATIVE WATER SUPPLY SOURCES TO
ENSURE THAT DRINKING WATER MEETS APPLICABLE STANDARDS, INCLUDING MAXIMUM
CONTAMINANT LEVELS, NOTIFICATION LEVELS, MAXIMUM  RESIDUAL  DISINFECTANT
LEVELS, OR ACTION LEVELS ESTABLISHED BY THE DEPARTMENT OF HEALTH.
  2.  IF  THE  DEPARTMENT  OR  THE  DEPARTMENT OF HEALTH, AS APPLICABLE,
DETERMINES THAT A DRINKING WATER CONTAMINATION SITE POSES A  SIGNIFICANT
THREAT  TO  THE PUBLIC HEALTH OR ENVIRONMENT FROM A HAZARDOUS WASTE, THE
DEPARTMENT SHALL REFER THE SITE TO THE INACTIVE HAZARDOUS WASTE DISPOSAL
SITE REMEDIAL PROGRAM PURSUANT TO TITLE THIRTEEN OF THIS ARTICLE.
  3. WHENEVER THE COMMISSIONER OF HEALTH HAS  REQUIRED  A  PUBLIC  WATER
SYSTEM  TO  TAKE  ACTION TO REDUCE EXPOSURE TO EMERGING CONTAMINANTS AND
HAS DETERMINED  THAT  THE  CONCENTRATION  OF  THE  EMERGING  CONTAMINANT
CONSTITUTES  AN ACTUAL OR POTENTIAL THREAT TO PUBLIC HEALTH BASED ON THE
BEST AVAILABLE SCIENTIFIC INFORMATION PURSUANT TO SECTION ELEVEN HUNDRED
TWELVE OF THE PUBLIC HEALTH LAW:

S. 2007--B                         120                        A. 3007--B

  A. THE DEPARTMENT SHALL HAVE THE AUTHORITY TO  UNDERTAKE  DIRECTLY  IN
CONJUNCTION WITH THE DEPARTMENT OF HEALTH, THE DEVELOPMENT AND IMPLEMEN-
TATION  OF ALL NECESSARY AND REASONABLE MITIGATION AND REMEDIATION MEAS-
URES OF DRINKING WATER CONTAMINATION, AS APPROVED BY THE  DEPARTMENT  OF
HEALTH, TO ADDRESS EMERGING CONTAMINANTS IN PUBLIC WATER SUPPLIES;
  B.  THE  COMMISSIONER  MAY  ORDER,  AFTER NOTICE AND OPPORTUNITY FOR A
HEARING, THE OWNER AND/OR OPERATOR OF THE DRINKING  WATER  CONTAMINATION
SITE  AND/OR  ANY PERSON RESPONSIBLE FOR SUCH CONTAMINATION TO UNDERTAKE
ALL REASONABLE AND NECESSARY MITIGATION AND REMEDIATION, AS APPROVED  BY
THE DEPARTMENT OF HEALTH, TO ENSURE THAT DRINKING WATER MEETS APPLICABLE
STANDARDS,  INCLUDING  MAXIMUM  CONTAMINANT LEVELS, NOTIFICATION LEVELS,
MAXIMUM RESIDUAL DISINFECTANT LEVELS, OR ACTION  LEVELS  ESTABLISHED  BY
THE  DEPARTMENT  OF  HEALTH,  AND  EMPLOY  FEASIBLE MEASURES THAT CAN BE
SUCCESSFULLY CARRIED OUT WITH AVAILABLE, IMPLEMENTABLE AND  COST  EFFEC-
TIVE  TECHNOLOGY,  SUBJECT  TO  THE  APPROVAL  OF THE DEPARTMENT AND THE
DEPARTMENT OF HEALTH, AT SUCH SITE, AND TO IMPLEMENT SUCH PROGRAM WITHIN
REASONABLE TIME LIMITS SPECIFIED IN THE ORDER.  PROVIDED, HOWEVER,  THAT
IN THE EVENT THE COMMISSIONER OF HEALTH SHALL ISSUE AN ORDER PURSUANT TO
SUBDIVISION THREE OF SECTION ONE THOUSAND THREE HUNDRED EIGHTY-NINE-B OF
THE  PUBLIC  HEALTH  LAW, SUCH ORDER OF THE COMMISSIONER OF HEALTH SHALL
SUPERSEDE ANY ORDER ISSUED HEREUNDER.
  4. THE DEPARTMENT SHALL HAVE THE AUTHORITY A. TO DELEGATE RESPONSIBIL-
ITY FOR A SPECIFIC DRINKING WATER CONTAMINATION SITE TO THE MUNICIPALITY
IN WHICH SUCH SITE IS LOCATED AND B. TO CONTRACT WITH ANY  OTHER  PERSON
TO PERFORM NECESSARY WORK IN CONNECTION WITH SUCH SITES.
  5.  SECTION EIGHT OF THE COURT OF CLAIMS ACT OR ANY OTHER PROVISION OF
LAW TO THE CONTRARY NOTWITHSTANDING, THE  STATE  SHALL  BE  IMMUNE  FROM
LIABILITY  AND  ACTION  WITH  RESPECT TO ANY ACT OR OMISSION DONE IN THE
DISCHARGE OF THE DEPARTMENT'S AFORESAID RESPONSIBILITY PURSUANT TO  THIS
TITLE;  PROVIDED,  HOWEVER,  THAT  THIS  SUBDIVISION SHALL NOT LIMIT THE
LIABILITY WHICH MAY OTHERWISE EXIST FOR UNLAWFUL, WILLFUL, OR  MALICIOUS
ACTS  OR  OMISSIONS  ON  THE PART OF THE STATE, STATE AGENCIES, OR THEIR
OFFICERS, EMPLOYEES OR AGENTS; OR FOR THE  OWNERSHIP  OR  RESPONSIBILITY
FOR  THE  DISPOSAL OF SUCH CONTAMINANT, INCLUDING LIABILITY FOR THE COST
OF REMEDIATION, PURSUANT TO THIS SECTION.
  6. WHENEVER THE COMMISSIONER OF HEALTH, AFTER INVESTIGATION, FINDS:
  A. THAT A PUBLIC DRINKING WATER CONTAMINATION SITE REPRESENTS AN ACTU-
AL OR POTENTIAL THREAT TO THE PUBLIC HEALTH; AND
  B. THE THREAT MAKES IT PREJUDICIAL TO THE  PUBLIC  INTEREST  TO  DELAY
ACTION  UNTIL  A HEARING CAN BE HELD PURSUANT TO THIS TITLE, THE DEPART-
MENT MAY, PURSUANT TO PARAGRAPH A OF SUBDIVISION THREE OF  THIS  SECTION
AND WITHIN THE FUNDS AVAILABLE TO THE DEPARTMENT FROM THE DRINKING WATER
RESPONSE ACCOUNT, DEVELOP AND IMPLEMENT, IN CONJUNCTION WITH THE DEPART-
MENT  OF  HEALTH,  ALL  REASONABLE AND NECESSARY MITIGATION AND REMEDIAL
MEASURES TO ADDRESS DRINKING WATER CONTAMINATION FOR SUCH SITE TO ENSURE
THAT  DRINKING  WATER  MEETS  APPLICABLE  STANDARDS,  INCLUDING  MAXIMUM
CONTAMINANT  LEVELS,  NOTIFICATION LEVELS, MAXIMUM RESIDUAL DISINFECTANT
LEVELS OR ACTION LEVELS ESTABLISHED BY THE DEPARTMENT OF  HEALTH.  FIND-
INGS  REQUIRED  PURSUANT TO THIS SUBDIVISION SHALL BE IN WRITING AND MAY
BE MADE BY THE COMMISSIONER OF HEALTH ON AN EX PARTE  BASIS  SUBJECT  TO
JUDICIAL REVIEW.
  7.  ANY  ORDER  ISSUED PURSUANT TO PARAGRAPH B OF SUBDIVISION THREE OF
THIS SECTION SHALL BE ISSUED ONLY AFTER NOTICE AND THE OPPORTUNITY FOR A
HEARING IS PROVIDED TO PERSONS WHO MAY BE THE  SUBJECT  OF  SUCH  ORDER.
THE  COMMISSIONER  OR  THE  COMMISSIONER OF HEALTH SHALL DETERMINE WHICH
PERSONS ARE RESPONSIBLE PURSUANT TO SAID SUBDIVISION ACCORDING TO APPLI-

S. 2007--B                         121                        A. 3007--B

CABLE PRINCIPLES OF STATUTORY OR  COMMON  LAW  LIABILITY.  SUCH  PERSONS
SHALL  BE  ENTITLED TO RAISE ANY DEFENSE SET FORTH IN SECTION 27-1211 OF
THIS TITLE OR COMMON LAW DEFENSE AT ANY SUCH HEARING AND  SUCH  DEFENSES
SHALL HAVE THE SAME FORCE AND EFFECT AT SUCH HEARINGS AS THEY WOULD HAVE
IN  A  COURT  OF  LAW. IN THE EVENT A HEARING IS HELD, NO ORDER SHALL BE
ISSUED BY THE COMMISSIONER UNDER SUBDIVISION THREE OF THIS SECTION UNTIL
A FINAL DECISION HAS BEEN RENDERED. ANY SUCH ORDER SHALL  BE  REVIEWABLE
PURSUANT  TO  ARTICLE  SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES
WITHIN THIRTY DAYS AFTER SERVICE OF SUCH ORDER. THE COMMISSIONER OR  THE
COMMISSIONER  OF  HEALTH  MAY  REQUEST THE PARTICIPATION OF THE ATTORNEY
GENERAL IN SUCH HEARINGS.
  8. THE COMMISSIONER SHALL MAKE ALL REASONABLE EFFORTS,  IN  ACCORDANCE
WITH  THE  REQUIREMENTS  OF SUBDIVISION SIX OF SECTION NINETY-SEVEN-B OF
THE STATE FINANCE LAW, TO RECOVER ALL MITIGATION COSTS INCURRED PURSUANT
TO SUBDIVISIONS ONE AND THREE OF THIS  SECTION  FROM  THE  OWNER  AND/OR
OPERATOR OF THE DRINKING WATER CONTAMINATION SITE.
  9.  WHEN A MUNICIPALITY DEVELOPS AND IMPLEMENTS REMEDIATION TO ADDRESS
A DRINKING WATER CONTAMINATION SITE, DETERMINED PURSUANT TO  SUBDIVISION
FOUR  OF  THIS  SECTION,  AND THE PLAN IS APPROVED BY THE DEPARTMENT, IN
CONJUNCTION WITH THE DEPARTMENT OF HEALTH, WHICH IS OWNED  OR  HAS  BEEN
OPERATED  BY  SUCH  MUNICIPALITY  OR WHEN THE DEPARTMENT, IN CONJUNCTION
WITH THE DEPARTMENT OF HEALTH, PURSUANT TO AN AGREEMENT WITH  A  MUNICI-
PALITY,  DEVELOPS  AND  IMPLEMENTS  SUCH  REMEDIATION,  THE COMMISSIONER
SHALL, IN THE NAME OF THE STATE, AGREE IN SUCH AGREEMENT TO PROVIDE FROM
THE DRINKING WATER RESPONSE ACCOUNT, WITHIN THE LIMITATIONS OF APPROPRI-
ATIONS  THEREFOR,  SEVENTY-FIVE  PERCENT  OF  THE  ELIGIBLE  DESIGN  AND
CONSTRUCTION COSTS OF SUCH PROGRAM FOR WHICH SUCH MUNICIPALITY IS LIABLE
SOLELY  BECAUSE OF ITS OWNERSHIP AND/OR OPERATION OF SUCH SITE AND WHICH
ARE NOT RECOVERED FROM OR REIMBURSED OR PAID BY A RESPONSIBLE  PARTY  OR
THE FEDERAL GOVERNMENT.
  10.  NOTHING  CONTAINED  WITHIN  THIS  SECTION  SHALL  BE CONSTRUED AS
IMPAIRING OR IN ANY MANNER AFFECTING THE RIGHT OR  JURISDICTION  OF  THE
ATTORNEY GENERAL TO SEEK APPROPRIATE RELIEF PURSUANT TO HIS OR HER STAT-
UTORY OR COMMON LAW AUTHORITY.
  11.  MONEYS  FOR  ACTIONS  TAKEN OR TO BE TAKEN BY THE DEPARTMENT, THE
DEPARTMENT OF HEALTH OR ANY OTHER STATE AGENCY PURSUANT  TO  THIS  TITLE
SHALL  BE  PAYABLE  DIRECTLY  TO  SUCH  AGENCIES FROM THE DRINKING WATER
RESPONSE ACCOUNT PURSUANT TO SECTION NINETY-SEVEN-B OF THE STATE FINANCE
LAW.
  12. A. EVERY PERSON SHALL, UPON THE WRITTEN REQUEST OF THE COMMISSION-
ER OR A DESIGNEE, PERMIT A DULY DESIGNATED OFFICER OR  EMPLOYEE  OF  THE
DEPARTMENT  AT  ALL  REASONABLE  TIMES TO HAVE ACCESS TO AND TO COPY ALL
BOOKS, PAPERS, DOCUMENTS AND RECORDS PERTINENT TO  AN  ONGOING  INVESTI-
GATION  OF DRINKING WATER CONTAMINATION IDENTIFIED IN SECTION 27-1203 OF
THIS TITLE.
  B. THE COMMISSIONER MAY SIGN AND ISSUE SUBPOENAS IN THE  NAME  OF  THE
DEPARTMENT  REQUIRING  THE  PRODUCTION  OF  BOOKS, PAPERS, DOCUMENTS AND
OTHER RECORDS AND MAY TAKE TESTIMONY BY DEPOSITIONS UNDER  OATH  OF  ANY
PERSON RELATING TO THE ONGOING INVESTIGATION OF A DRINKING WATER CONTAM-
INATION  IDENTIFIED  IN THIS TITLE. SUCH SUBPOENAS AND DEPOSITIONS SHALL
BE REGULATED BY THE STATE OF NEW YORK'S CIVIL PRACTICE  LAW  AND  RULES.
THE COMMISSIONER MAY INVOKE THE POWERS OF THE SUPREME COURT OF THE STATE
OF  NEW  YORK TO COMPEL COMPLIANCE WITH ANY SUCH SUBPOENA OR ANY REQUEST
TO TAKE SUCH DEPOSITIONS.
  C. WHEN THE DEPARTMENT HAS SUBSTANTIAL  EVIDENCE  THAT  SUCH  DRINKING
WATER CONTAMINATION SITE IS CAUSING OR SUBSTANTIALLY CONTRIBUTING TO THE

S. 2007--B                         122                        A. 3007--B

CONTAMINATION  OF  DRINKING  WATER, AND SUBJECT TO THE APPLICABLE NOTICE
PROVISIONS SET FORTH IN PARAGRAPH D OF THIS SUBDIVISION, ANY DULY DESIG-
NATED OFFICER OR EMPLOYEE OF THE DEPARTMENT, OR OF ANY STATE AGENCY, AND
ANY AGENT, CONSULTANT, CONTRACTOR, OR OTHER PERSON, INCLUDING AN EMPLOY-
EE,  AGENT,  CONSULTANT, OR CONTRACTOR OF A RESPONSIBLE PERSON ACTING AT
THE DIRECTION OF THE DEPARTMENT, SO AUTHORIZED IN WRITING BY THE COMMIS-
SIONER, MAY ENTER ANY DRINKING WATER CONTAMINATION SITE AND  AREAS  NEAR
SUCH  SITE  AND  INSPECT  AND TAKE SAMPLES OF WASTES, SOIL, 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.
  D. THE DEPARTMENT OR AUTHORIZED PERSON  SHALL  NOT  TAKE  ANY  SAMPLES
INVOLVING THE SUBSTANTIAL DISTURBANCE OF THE GROUND SURFACE OF ANY PROP-
ERTY UNLESS IT HAS MADE A REASONABLE EFFORT TO IDENTIFY THE OWNER OF THE
PROPERTY AND TO NOTIFY SUCH OWNER OF THE INTENT TO TAKE SUCH SAMPLES. IF
THE  OWNER  CAN  BE  IDENTIFIED, THE DEPARTMENT SHALL PROVIDE SUCH OWNER
WITH A MINIMUM OF TEN DAYS' WRITTEN NOTICE OF THE  INTENT,  UNLESS  SUCH
OWNERS  AND  OCCUPANTS CONSENT TO AN EARLIER DATE, TO TAKE SUCH SAMPLES,
UNLESS THE COMMISSIONER MAKES A WRITTEN DETERMINATION THAT SUCH TEN  DAY
NOTICE  WILL  NOT  ALLOW  THE  DEPARTMENT  TO PROTECT THE ENVIRONMENT OR
PUBLIC HEALTH, IN WHICH CASE TWO DAYS' WRITTEN NOTICE  SHALL  BE  SUFFI-
CIENT.  ANY  INSPECTION  OF THE PROPERTY AND EACH SUCH TAKING OF SAMPLES
SHALL TAKE  PLACE  AT  REASONABLE  TIMES  AND  SHALL  BE  COMMENCED  AND
COMPLETED  WITH  REASONABLE PROMPTNESS. IF ANY OFFICER, EMPLOYEE, AGENT,
CONSULTANT, CONTRACTOR, OR OTHER PERSON SO AUTHORIZED IN WRITING BY  THE
COMMISSIONER  OBTAINS  ANY  SAMPLES PRIOR TO LEAVING THE PREMISES, HE OR
SHE SHALL GIVE TO THE OWNER OR OPERATOR A RECEIPT DESCRIBING THE  SAMPLE
OBTAINED  AND, IF REQUESTED, A PORTION OF SUCH SAMPLE EQUAL IN VOLUME OR
WEIGHT TO THE PORTION RETAINED. IF ANY ANALYSIS IS MADE OF SUCH SAMPLES,
A COPY OF THE RESULTS OF SUCH ANALYSIS SHALL BE  FURNISHED  PROMPTLY  TO
THE  OWNER  OR OPERATOR. UPON THE COMPLETION OF ALL SAMPLING ACTIVITIES,
THE DEPARTMENT OR  AUTHORIZED  PERSON  SHALL  REMOVE,  OR  CAUSE  TO  BE
REMOVED,  ALL EQUIPMENT AND WELL MACHINERY AND RETURN THE GROUND SURFACE
OF THE PROPERTY TO ITS CONDITION PRIOR  TO  SUCH  SAMPLING,  UNLESS  THE
DEPARTMENT  OR  AUTHORIZED  PERSON,  AND THE OWNER OF THE PROPERTY SHALL
OTHERWISE AGREE.
  E. THE EXPENSE OF ANY SUCH MITIGATION BY THE DEPARTMENT OR THE DEPART-
MENT OF HEALTH SHALL BE PAID BY THE DRINKING WATER RESPONSE ACCOUNT, BUT
MAY BE RECOVERED FROM ANY RESPONSIBLE PERSON IN ANY ACTION OR PROCEEDING
BROUGHT PURSUANT TO THE STATE FINANCE LAW, THIS TITLE,  OTHER  STATE  OR
FEDERAL STATUTE, OR COMMON LAW IF THE PERSON SO AUTHORIZED IN WRITING IS
AN  EMPLOYEE,  AGENT,  CONSULTANT, OR CONTRACTOR OF A RESPONSIBLE PERSON
ACTING AT THE DIRECTION OF THE DEPARTMENT, THEN THE EXPENSE OF ANY  SUCH
SAMPLING AND ANALYSIS SHALL BE PAID BY THE RESPONSIBLE PERSON.
  F.  ANY  DULY  DESIGNATED OFFICER OR EMPLOYEE OF THE DEPARTMENT OR ANY
OTHER STATE AGENCY, AND ANY  AGENT,  CONSULTANT,  CONTRACTOR,  OR  OTHER
PERSON  ACTING AT THE DIRECTION OF THE DEPARTMENT, AUTHORIZED IN WRITING
BY THE COMMISSIONER, MAY ENTER ANY DRINKING WATER CONTAMINATION SITE AND
AREAS NEAR SUCH SITE TO UNDERTAKE ALL  REASONABLE  AND  NECESSARY  MITI-
GATION AND REMEDIATION FOR SUCH SITE, PROVIDED: (A) THE COMMISSIONER HAS
SENT  A WRITTEN NOTICE TO THE OWNERS OF RECORD OR ANY KNOWN OCCUPANTS OF
SUCH SITE OR NEARBY AREAS OF THE INTENDED ENTRY AND WORK  AT  LEAST  TEN
DAYS  PRIOR  TO  SUCH  INITIAL  ENTRY  UNLESS  SUCH OWNERS AND OCCUPANTS
CONSENT TO AN EARLIER DATE;  AND  (B)  THE  DEPARTMENT  HAS  SUBSTANTIAL
EVIDENCE  THAT  SUCH  DRINKING  WATER  CONTAMINATION  SITE IS CAUSING OR

S. 2007--B                         123                        A. 3007--B

SUBSTANTIALLY CONTRIBUTING TO THE CONTAMINATION OF  DRINKING  WATER.  IN
THE  EVENT THE COMMISSIONER OF HEALTH MAKES A WRITTEN DETERMINATION THAT
SUCH TEN DAY NOTICE WILL NOT BE SUFFICIENT TO PROTECT PUBLIC HEALTH, TWO
DAYS' WRITTEN NOTICE SHALL BE SUFFICIENT.
§ 27-1207. USE  AND  REPORTING OF THE SOLID WASTE MITIGATION ACCOUNT AND
             THE DRINKING WATER RESPONSE ACCOUNT.
  1. PURSUANT TO THE CLEAN WATER  INFRASTRUCTURE  ACT  OF  TWO  THOUSAND
SEVENTEEN AND WITHIN THE UP TO ONE HUNDRED THIRTY MILLION DOLLARS APPRO-
PRIATED FOR SUCH PURPOSES, MITIGATION AND REMEDIATION EFFORTS TO ADDRESS
PUBLIC DRINKING WATER CONTAMINATION FROM EMERGING CONTAMINANTS AND SOLID
WASTE  SITES  CAUSING  OR  SUBSTANTIALLY  CONTRIBUTING TO DRINKING WATER
IMPAIRMENT THAT IMPACTS PUBLIC HEALTH MAY  BE  CONDUCTED  IN  ACCORDANCE
WITH THIS TITLE.
  2.  THE  SOLID WASTE MITIGATION ACCOUNT SHALL BE MADE AVAILABLE TO THE
DEPARTMENT AND THE DEPARTMENT OF HEALTH, AS APPLICABLE, FOR THE  FOLLOW-
ING PURPOSES:
  A. ENUMERATION AND ASSESSMENT OF SOLID WASTE SITES;
  B.  INVESTIGATION  AND  ENVIRONMENTAL  CHARACTERIZATION OF SOLID WASTE
SITES, INCLUDING ENVIRONMENTAL SAMPLING;
  C. MITIGATION AND REMEDIATION OF SOLID WASTE SITES;
  D. MONITORING OF SOLID WASTE SITES; AND
  E. ADMINISTRATION AND  ENFORCEMENT  OF  THE  REQUIREMENTS  OF  SECTION
27-1203 OF THIS TITLE.
  3.  THE DRINKING WATER RESPONSE ACCOUNT SHALL BE MADE AVAILABLE TO THE
DEPARTMENT AND THE DEPARTMENT OF HEALTH, AS APPLICABLE, FOR THE  FOLLOW-
ING PURPOSES:
  A. MITIGATION OF DRINKING WATER CONTAMINATION;
  B. INVESTIGATION OF DRINKING WATER CONTAMINATION;
  C. REMEDIATION OF DRINKING WATER CONTAMINATION; AND
  D.  ADMINISTRATION  AND  ENFORCEMENT OF THE REQUIREMENTS OF THIS TITLE
EXCEPT THE PROVISIONS OF SECTION 27-1203.
  4. ON OR BEFORE JULY FIRST, TWO THOUSAND NINETEEN AND  JULY  FIRST  OF
EACH  SUCCEEDING  YEAR, THE DEPARTMENT SHALL REPORT ON THE STATUS OF THE
PROGRAMS.
§ 27-1209. RULES AND REGULATIONS.
  THE DEPARTMENT SHALL PROMULGATE RULES AND  REGULATIONS  NECESSARY  AND
APPROPRIATE TO CARRY OUT THE PURPOSES OF THIS TITLE AND SHALL AT A MINI-
MUM  INCLUDE  SUCH  PROVISIONS  FOR REQUISITE DUE PROCESS AND MEANINGFUL
PUBLIC PARTICIPATION AS ARE APPROPRIATE TO ANY ACTION UNDERTAKEN  PURSU-
ANT  TO  THIS  TITLE, TAKING INTO CONSIDERATION THE NATURE AND DEGREE OF
ANY PUBLIC HEALTH IMPACTS AND THE URGENCY OF ANY NEED FOR  INVESTIGATION
OR REMEDIATION OF CONTAMINATION.
§ 27-1211. PROTECTION  AGAINST  LIABILITY  AND  LIABILITY EXEMPTIONS AND
             DEFENSES.
  IN ADDITION TO COMMON LAW DEFENSES, THE PROVISIONS OF SECTIONS 27-1321
AND 27-1323 OF THIS ARTICLE SHALL APPLY TO A SOLID WASTE  SITE  THAT  IS
CAUSING  OR SUBSTANTIALLY CONTRIBUTING TO CONTAMINATION OF PUBLIC DRINK-
ING WATER SUPPLIES OR A DRINKING WATER CONTAMINATION  SITE  PURSUANT  TO
THIS  TITLE  AND  SHALL  APPLY  TO EMERGING CONTAMINANTS IN THE SAME WAY
APPLICABLE TO HAZARDOUS MATERIALS AND HAZARDOUS WASTES.
  § 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-

S. 2007--B                         124                        A. 3007--B

vision 6 as amended by chapter 38 of the laws of 1985, are  amended  and
two  new  paragraphs  (k)  and (l) are 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 restora-
tion project  account",  "hazardous  waste  cleanup  account",  [and]  a
"hazardous  waste  remediation  oversight  and  assistance  account" , A
"SOLID  WASTE  MITIGATION  ACCOUNT",  AND  A  "DRINKING  WATER  RESPONSE
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) 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) all moneys paid into the fund pursuant to paragraph (b) of  subdivi-
sion  one  of section one hundred eighty-six of the navigation law which
shall be deposited in the fund's industry fee transfer account; (f)  all
[monies] MONEYS recovered under sections 56-0503, 56-0505 and 56-0507 of
the  environmental conservation law into the fund's environmental resto-
ration project account; (g) 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)  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; (I) ALL MONEYS RECOVERED PURSUANT TO TITLE TWELVE OF
ARTICLE  TWENTY-SEVEN  OF  THE  ENVIRONMENTAL  CONSERVATION LAW INTO THE
FUND'S DRINKING WATER RESPONSE ACCOUNT; and [(i)] (J) other moneys cred-
ited or transferred thereto from any other fund or source for deposit in
the fund's site investigation and construction 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[.];
  (K) WITH RESPECT TO MONEYS IN THE SOLID WASTE MITIGATION ACCOUNT, WHEN
ALLOCATED, SHALL BE AVAILABLE TO THE DEPARTMENT OF ENVIRONMENTAL CONSER-

S. 2007--B                         125                        A. 3007--B

VATION  TO  UNDERTAKE  MITIGATION  AND  REMEDIATION AS THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION MAY DETERMINE NECESSARY RELATED  TO  A  SOLID
WASTE SITE PURSUANT TO TITLE TWELVE OF ARTICLE TWENTY-SEVEN OF THE ENVI-
RONMENTAL CONSERVATION LAW WHICH INDICATES THAT CONDITIONS ON SUCH PROP-
ERTY ARE IMPAIRING DRINKING WATER QUALITY AND TO ENSURE THE PROVISION OF
SAFE  DRINKING  WATER,  PROVIDED HOWEVER, THAT NO MORE THAN FIVE MILLION
DOLLARS WILL BE AVAILABLE ANNUALLY FOR SUCH ACCOUNT; AND
  (L) WITH RESPECT TO MONEYS IN THE  DRINKING  WATER  RESPONSE  ACCOUNT,
WHEN  ALLOCATED,  SHALL  BE AVAILABLE TO THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, AND TO THE DEPARTMENT OF HEALTH, TO  UNDERTAKE  MITIGATION
AND  REMEDIATION AS THE DEPARTMENTS MAY DETERMINE NECESSARY RELATED TO A
DRINKING WATER CONTAMINATION SITE PURSUANT TO TITLE  TWELVE  OF  ARTICLE
TWENTY-SEVEN  OF THE ENVIRONMENTAL CONSERVATION LAW WHICH INDICATES THAT
CONDITIONS ON  SUCH  PROPERTY  ARE  IMPAIRING  DRINKING  WATER  QUALITY,
PROVIDED  HOWEVER,  THAT  NO  MORE  THAN  TWENTY MILLION DOLLARS WILL BE
AVAILABLE ANNUALLY FOR SUCH ACCOUNT.
  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 (L)
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.  1.  This  section  shall be known and be cited as the "New York
State water infrastructure improvement act of 2017".
  2. For purposes of this act:
  a. "water quality infrastructure project" shall mean "sewage treatment
works" as defined in section 17-1903 of the  environmental  conservation
law or "eligible project" as defined in paragraphs (a), (b), (c) and (e)
of subdivision 4 of section 1160 of the public health law.
  b. "construction" shall mean:
  (i) for sewage treatment works, the same as defined in section 17-1903
of the environmental conservation law; and
  (ii)  for  eligible  projects,  the same meaning as defined in section
1160 of the public health law.
  c. "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.
   3.  a.  The  environmental facilities corporation shall undertake and
provide state financial assistance payments, from funds appropriated for
such purpose, to municipalities in support of water quality  infrastruc-
ture  projects provided, however, in any such year that funds are appro-
priated for such purpose, no municipality shall receive more  than  five
million  dollars  of appropriated funds. Such state financial assistance
payments shall be awarded only to water quality infrastructure  projects
for:
  (i) replacement or repair of infrastructure; or
  (ii)  compliance  with  environmental and public health laws and regu-
lations related to water quality.

S. 2007--B                         126                        A. 3007--B

  b. Any state financial assistance payment awarded pursuant to this act
shall not exceed seventy-five percent of the project cost.
  c.  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.
  d. 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.
  e. In awarding such financial  assistance  payments,  the  corporation
shall  be prohibited from requiring as a condition of receipt, or other-
wise giving preference to, applicants who agree to  participate  in  the
design, creation, or implementation of a municipal consolidation plan.
  f.  In awarding such state financial assistance payments, the environ-
mental facilities corporation shall  consider  and  give  preference  to
municipalities  that meet the hardship criteria established by the envi-
ronmental facilities 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 this act, the hardship criteria of section
1285-m of the public authorities law shall also apply to  sewage  treat-
ment  works as defined in section 17-1903 of the environmental conserva-
tion law.
  g. Water quality infrastructure projects financed with state financial
assistance made available pursuant to this section shall be  subject  to
the  requirements  of  article  8  of the labor law, the requirements of
article 17-B of the executive law and the requirements and provisions of
all applicable minority- and women-owned  business  mandates  including,
but not limited to article 15-A of the executive law.
  §  7.  The  public  authorities law is amended by adding a new section
1285-s to read as follows:
  § 1285-S. NEW YORK STATE INTERMUNICIPAL  WATER  INFRASTRUCTURE  GRANTS
PROGRAM.  1. FOR PURPOSES OF THIS SECTION:
  (A)  "WATER  QUALITY INFRASTRUCTURE PROJECT" SHALL MEAN "SEWAGE TREAT-
MENT WORKS" AS DEFINED IN SECTION 17-1903 OF THE ENVIRONMENTAL CONSERVA-
TION LAW OR "ELIGIBLE PROJECT" AS DEFINED IN PARAGRAPHS  (A),  (B),  (C)
AND  (E)  OF  SUBDIVISION  FOUR  OF  SECTION ELEVEN HUNDRED SIXTY OF THE
PUBLIC HEALTH LAW.
  (B) "CONSTRUCTION" SHALL MEAN:
  (I) FOR SEWAGE TREATMENT WORKS, THE SAME MEANING AS DEFINED IN SECTION
17-1903 OF THE ENVIRONMENTAL CONSERVATION LAW; AND
  (II) FOR ELIGIBLE PROJECTS, THE SAME MEANING AS DEFINED IN SECTION ONE
THOUSAND ONE HUNDRED SIXTY OF THE PUBLIC HEALTH LAW.
  (C)  "MUNICIPALITY"  SHALL  MEAN  ANY  COUNTY,  CITY,  TOWN,  VILLAGE,
DISTRICT  CORPORATION,  COUNTY  OR  TOWN  IMPROVEMENT  DISTRICT,  SCHOOL
DISTRICT, INDIAN 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  ESTAB-
LISHED  PURSUANT TO THE LAWS OF NEW YORK OR ANY AGENCY OF NEW YORK STATE
WHICH IS EMPOWERED TO CONSTRUCT  AND  OPERATE  AN  INTERMUNICIPAL  WATER
QUALITY  INFRASTRUCTURE  PROJECT,  OR  ANY  TWO OR MORE OF THE FOREGOING
WHICH ARE ACTING JOINTLY IN  CONNECTION  WITH  AN  INTERMUNICIPAL  WATER
QUALITY INFRASTRUCTURE PROJECT.

S. 2007--B                         127                        A. 3007--B

  2.  (A)  THE  ENVIRONMENTAL FACILITIES CORPORATION SHALL UNDERTAKE AND
PROVIDE STATE FINANCIAL ASSISTANCE PAYMENTS, FROM FUNDS APPROPRIATED FOR
SUCH PURPOSE, TO MUNICIPALITIES IN SUPPORT OF INTERMUNICIPAL WATER QUAL-
ITY INFRASTRUCTURE PROJECTS PROVIDED, HOWEVER, IN  ANY  SUCH  YEAR  THAT
FUNDS  ARE  APPROPRIATED FOR SUCH PURPOSE, EACH PROJECT SHALL RECEIVE AN
AWARD OF UP TO TEN MILLION DOLLARS OF APPROPRIATED FUNDS; PROVIDED  THAT
SUCH  MONIES  SHALL  NOT EXCEED SIXTY PERCENT OF THE TOTAL PROJECT COST;
AND PROVIDED FURTHER THAT THE TOTAL STATE FINANCIAL  ASSISTANCE  PAYMENT
FOR THE PROJECT DOES NOT REPRESENT A DISPROPORTIONATE SHARE OF THE TOTAL
AMOUNT OF AVAILABLE FUNDING IN ANY GIVEN YEAR.
  (B)  INTERMUNICIPAL  WATER QUALITY INFRASTRUCTURE PROJECTS SHALL SERVE
MULTIPLE MUNICIPALITIES AND MAY INCLUDE A SHARED WATER  QUALITY  INFRAS-
TRUCTURE  PROJECT OR INTERCONNECTION OF MULTIPLE MUNICIPAL WATER QUALITY
INFRASTRUCTURE PROJECTS AND SHALL  BE  AWARDED  ONLY  TO  WATER  QUALITY
INFRASTRUCTURE PROJECTS FOR:
  (I)  CONSTRUCTION,  REPLACEMENT  OR REPAIR OF INFRASTRUCTURE PROVIDED,
HOWEVER, THAT SUCH ASSISTANCE SHALL NOT BE AWARDED FOR  CONSTRUCTION  TO
EXCLUSIVELY SUPPORT RESIDENTIAL OR COMMERCIAL DEVELOPMENT; OR
  (II)  COMPLIANCE  WITH  ENVIRONMENTAL AND PUBLIC HEALTH LAWS AND REGU-
LATIONS RELATED TO WATER QUALITY.
  (C) COOPERATING MUNICIPALITIES MAY MAKE AN APPLICATION FOR AN INTERMU-
NICIPAL WATER INFRASTRUCTURE GRANT, 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.
  (D)  COOPERATING  MUNICIPALITIES SHALL NOT BE REQUIRED TO ACCEPT ENVI-
RONMENTAL FACILITIES CORPORATION LOAN FINANCING IN  ORDER  TO  OBTAIN  A
STATE  FINANCIAL  ASSISTANCE  PAYMENT PURSUANT TO THIS SECTION IF IT CAN
PROVIDE PROOF OF HAVING OBTAINED SIMILARLY LOW COST FINANCING  OR  OTHER
FUNDING FROM ANOTHER SOURCE.
  (E)  IN  AWARDING FINANCIAL ASSISTANCE PAYMENTS, THE CORPORATION SHALL
BE PROHIBITED FROM REQUIRING AS A CONDITION  OF  RECEIPT,  OR  OTHERWISE
GIVING PREFERENCE TO, APPLICANTS WHO AGREE TO PARTICIPATE IN THE DESIGN,
CREATION, OR IMPLEMENTATION OF A MUNICIPAL CONSOLIDATION PLAN.
  3.  INTERMUNICIPAL WATER QUALITY INFRASTRUCTURE PROJECTS FINANCED WITH
STATE FINANCIAL ASSISTANCE MADE AVAILABLE PURSUANT TO THIS SECTION SHALL
BE SUBJECT TO THE REQUIREMENTS OF ARTICLE EIGHT OF THE  LABOR  LAW,  THE
REQUIREMENTS  OF  ARTICLE  SEVENTEEN-B  OF  THE  EXECUTIVE  LAW  AND THE
REQUIREMENTS AND PROVISIONS OF ALL APPLICABLE MINORITY- AND  WOMEN-OWNED
BUSINESS MANDATES INCLUDING, BUT NOT LIMITED TO ARTICLE FIFTEEN-A OF THE
EXECUTIVE LAW.
  §  8.  The  public  authorities law is amended by adding a new section
1285-t to read as follows:
  § 1285-T. WATER INFRASTRUCTURE EMERGENCY FINANCIAL ASSISTANCE.  1. FOR
PURPOSES OF THIS SECTION, "MUNICIPALITY" MEANS ANY COUNTY,  CITY,  TOWN,
VILLAGE,  DISTRICT  CORPORATION,  COUNTY  OR  TOWN IMPROVEMENT DISTRICT,
SCHOOL DISTRICT, INDIAN 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 WASTEWATER OR DRINK-
ING WATER INFRASTRUCTURE PROJECT, OR ANY TWO OR MORE  OF  THE  FOREGOING
WHICH ARE ACTING JOINTLY IN CONNECTION WITH SUCH A PROJECT.
  2. UPON A MUNICIPALITY'S FORMAL DECLARATION OF AN EMERGENCY, THE MUNI-
CIPALITY  SHALL  PROVIDE THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OR
THE DEPARTMENT OF HEALTH, AS APPROPRIATE, WITH INFORMATION TO ASSESS ANY

S. 2007--B                         128                        A. 3007--B

SITUATION IN WHICH THE STATE OF THE MUNICIPALITY'S WASTEWATER  OR  WATER
INFRASTRUCTURE  IS CAUSING OR MAY CAUSE AN IMMINENT HAZARD TO THE PUBLIC
HEALTH OR WELFARE, OR THE ENVIRONMENT. AFTER ITS ASSESSMENT,  IF  EITHER
DEPARTMENT  DETERMINES  THE  STATE OF THE INFRASTRUCTURE IS RESULTING OR
MAY RESULT IN IMMINENT HAZARD TO THE PUBLIC HEALTH OR WELFARE, OR TO THE
ENVIRONMENT, THE CORPORATION SHALL PROVIDE TEMPORARY  EMERGENCY  ASSIST-
ANCE,  WITHIN AMOUNTS APPROPRIATED, TO THE MUNICIPALITY IN AN AMOUNT NOT
TO EXCEED REASONABLE COSTS FOR INFRASTRUCTURE CONSTRUCTION, REPLACEMENT,
OR REPAIR, AND RELATED ENGINEERING COSTS, THAT IS IMMEDIATELY  NECESSARY
TO ELIMINATE OR SUBSTANTIALLY REDUCE SUCH HAZARD.
  3.  THE CORPORATION AND THE MUNICIPALITY SHALL ENTER INTO AN AGREEMENT
SIGNED BY AN OFFICER DULY AUTHORIZED BY THE GOVERNING BODY OF THE  MUNI-
CIPALITY  PURSUANT  TO  WHICH  THE  CORPORATION SHALL TRANSMIT EMERGENCY
FINANCIAL ASSISTANCE IN AN AMOUNT DETERMINED BY THE DEPARTMENT OF  ENVI-
RONMENTAL  CONSERVATION  OR  THE DEPARTMENT OF HEALTH, AS APPLICABLE, AS
NECESSARY TO ADDRESS THE IMMINENT HAZARD, AND SHALL PROVIDE THE  ASSIST-
ANCE  PAYMENT TO THE MUNICIPALITY WITHIN TWO BUSINESS DAYS OF RECEIPT OF
SUCH DETERMINATION. THE MUNICIPALITY SHALL SUBMIT AN ITEMIZED COST ESTI-
MATE FROM THE MUNICIPALITY'S ENGINEER OR ENGINEERING CONSULTANT  TO  THE
APPLICABLE DEPARTMENT SUFFICIENT TO MAKE SUCH DETERMINATION.
  4.  NO  LATER THAN FOURTEEN DAYS AFTER THE CESSATION OF THE EMERGENCY,
THE MUNICIPALITY SHALL PROVIDE TO THE CORPORATION DOCUMENTATION FOR  ALL
COSTS  PAID  WITH THE EMERGENCY ASSISTANCE AND REFUND TO THE CORPORATION
ANY PORTION OF THE FINANCIAL ASSISTANCE NOT USED OR COMMITTED TO PAY FOR
THE CONSTRUCTION, REPLACEMENT, OR REPAIR AND RELATED  ENGINEERING  COSTS
DETERMINED TO BE NECESSARY UNDER SUBDIVISION ONE OF THIS SECTION.
  5. SUBJECT TO APPROPRIATION OR DULY AUTHORIZED INDEBTEDNESS, THE MUNI-
CIPALITY  SHALL  REPAY THE CORPORATION WITHIN ONE YEAR OF ITS RECEIPT OF
EMERGENCY FINANCIAL  ASSISTANCE  THE  FULL  AMOUNT  OF  SUCH  ASSISTANCE
PROVIDED  TO  IT UNDER THIS SECTION. THE CORPORATION MAY EXTEND THE TIME
TO REPAY FOR UP TO ONE ADDITIONAL YEAR IF THE CORPORATION DETERMINES  IN
ITS  SOLE  DISCRETION  THAT  SUCH  AN  EXTENSION  IS WARRANTED UNDER THE
CIRCUMSTANCES.
  6. NOTHING IN THIS SECTION NULLIFIES THE ELIGIBILITY OF A MUNICIPALITY
FOR OTHER INFRASTRUCTURE FUNDING, INCLUDING GRANT, WHICH MAY BE PROVIDED
BY THE STATE FOR WATER INFRASTRUCTURE DIRECTLY RELATED  TO  THE  INFRAS-
TRUCTURE  FOR WHICH EMERGENCY FINANCIAL ASSISTANCE IS AWARDED UNDER THIS
SECTION, INCLUDING FUNDING THE MUNICIPALITY COULD USE TO REPAY THE EMER-
GENCY FINANCIAL ASSISTANCE. IF  THE  MUNICIPALITY  RECEIVES  SUCH  OTHER
FUNDING  FROM  THE  STATE OR ANY FINANCIAL ASSISTANCE FROM A THIRD PARTY
FOR THE SAME INFRASTRUCTURE, THE  MUNICIPALITY  SHALL  WITHIN  TEN  DAYS
FIRST  REPAY  THE  CORPORATION  THE OUTSTANDING BALANCE OF THE EMERGENCY
FINANCIAL ASSISTANCE BEFORE PAYING ANY REMAINING  COSTS  FOR  THE  WATER
INFRASTRUCTURE.
  §  9.  The  public  authorities law is amended by adding a new section
1285-u to read as follows:
  § 1285-U.  SEPTIC  SYSTEM  REPLACEMENT  FUND.    1.  DEFINITIONS.  FOR
PURPOSES OF THIS SECTION:
  (A)  "CESSPOOL" MEANS A DRYWELL THAT RECEIVES UNTREATED SANITARY WASTE
CONTAINING HUMAN EXCRETA, WHICH SOMETIMES  HAS  AN  OPEN  BOTTOM  AND/OR
PERFORATED SIDES.
  (B)  "FUND"  MEANS THE STATE SEPTIC SYSTEM REPLACEMENT FUND CREATED BY
THIS SECTION.
  (C) "PARTICIPATING COUNTY" MEANS A COUNTY  THAT  NOTIFIES  THE  CORPO-
RATION THAT IT SEEKS AUTHORITY TO ADMINISTER A SEPTIC SYSTEM REPLACEMENT
PROGRAM  WITHIN  ITS  MUNICIPAL  BOUNDARIES  AND  AGREES TO ABIDE BY THE

S. 2007--B                         129                        A. 3007--B

PROGRAM'S GOALS, GUIDELINES, ELIGIBILITY REQUIREMENTS AND  REIMBURSEMENT
PROCEDURES  AND PROVIDE INFORMATION TO PROPERTY OWNERS REGARDING PROGRAM
PARAMETERS INCLUDING ELIGIBILITY CRITERIA.
  (D)  "SEPTIC  SYSTEM"  MEANS  A SYSTEM THAT PROVIDES FOR THE TREATMENT
AND/OR DISPOSITION OF THE COMBINATION OF HUMAN AND SANITARY  WASTE  WITH
WATER  NOT  EXCEEDING  ONE  THOUSAND  GALLONS  PER DAY, SERVING A SINGLE
PARCEL OF LAND, INCLUDING RESIDENCES AND SMALL BUSINESSES.
  (E) "SEPTIC SYSTEM PROJECT" MEANS THE REPLACEMENT OF A CESSPOOL WITH A
SEPTIC SYSTEM, THE INSTALLATION, REPLACEMENT  OR  UPGRADE  OF  A  SEPTIC
SYSTEM  OR  SEPTIC SYSTEM COMPONENTS, OR INSTALLATION OF ENHANCED TREAT-
MENT TECHNOLOGIES, INCLUDING AN ADVANCED  NITROGEN  REMOVAL  SYSTEM,  TO
SIGNIFICANTLY AND QUANTIFIABLY REDUCE ENVIRONMENTAL AND/OR PUBLIC HEALTH
IMPACTS  ASSOCIATED  WITH  EFFLUENT  FROM A CESSPOOL OR SEPTIC SYSTEM TO
GROUNDWATER USED AS DRINKING WATER,  OR  A  THREATENED  OR  AN  IMPAIRED
WATERBODY.
  (F)  "SMALL  BUSINESS"  MEANS  ANY  BUSINESS WHICH IS RESIDENT IN THIS
STATE, INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS FIELD,  AND
EMPLOYING NOT MORE THAN ONE HUNDRED INDIVIDUALS.
  2.  (A)  THERE  IS  HEREBY CREATED THE STATE SEPTIC SYSTEM REPLACEMENT
FUND, WHICH SHALL BE ADMINISTERED BY THE CORPORATION TO REIMBURSE  PROP-
ERTY  OWNERS  FOR UP TO FIFTY PERCENT OF THE ELIGIBLE COSTS INCURRED FOR
ELIGIBLE SEPTIC SYSTEM PROJECTS, PROVIDED THAT NO PROPERTY  OWNER  SHALL
BE REIMBURSED MORE THAN TEN THOUSAND DOLLARS.
  (B) ELIGIBLE COSTS INCLUDE DESIGN AND INSTALLATION COSTS, AND COSTS OF
THE  SYSTEM,  SYSTEM COMPONENTS, OR ENHANCED TREATMENT TECHNOLOGIES, BUT
SHALL NOT INCLUDE COSTS ASSOCIATED WITH ROUTINE MAINTENANCE  SUCH  AS  A
PUMP OUT OF A SEPTIC TANK.
  (C) THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, IN CONSULTATION WITH
THE DEPARTMENT OF HEALTH AND PARTICIPATING COUNTIES, SHALL FROM THE LIST
OF  PARTICIPATING  COUNTIES  ESTABLISH PRIORITY GEOGRAPHIC AREAS AND, IN
THE ABSENCE OF  COUNTY  INFORMATION,  IDENTIFY  ELIGIBLE  SEPTIC  SYSTEM
PROJECTS,  BASED  ON AN AREA'S VULNERABILITY TO CONTAMINATION, INCLUDING
THE PRESENCE OF A SOLE SOURCE AQUIFER, OR KNOWN  WATER  QUALITY  IMPAIR-
MENT,  POPULATION  DENSITY, SOILS, HYDROGEOLOGY, CLIMATE, AND REASONABLE
ABILITY FOR SEPTIC SYSTEM PROJECTS TO MITIGATE  WATER  QUALITY  IMPACTS.
THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION MAY DELEGATE TO A PARTIC-
IPATING COUNTY THE IDENTIFICATION  OF  PRIORITY  GEOGRAPHIC  AREAS.  THE
DEPARTMENT  OF  ENVIRONMENTAL CONSERVATION, IN CONSULTATION WITH PARTIC-
IPATING COUNTIES IN WHICH PRIORITY AREAS  HAVE  BEEN  IDENTIFIED,  SHALL
DETERMINE  THE  AMOUNT  OF  MONEY  FROM  THE FUND TO BE PROVIDED TO EACH
PARTICIPATING COUNTY BASED ON DENSITY, DEMAND FOR REIMBURSEMENT FROM THE
FUND AND THE CRITERIA USED TO ESTABLISH THE PRIORITY  GEOGRAPHIC  AREAS.
THE CORPORATION SHALL PUBLISH INFORMATION, APPLICATION FORMS, PROCEDURES
AND  GUIDELINES  RELATING  TO THE PROGRAM ON ITS WEBSITE AND IN A MANNER
THAT IS ACCESSIBLE TO THE PUBLIC.
  (D) THE CORPORATION SHALL PROVIDE STATE FINANCIAL ASSISTANCE  PAYMENTS
FROM THE FUND, FROM MONEYS APPROPRIATED BY THE LEGISLATURE AND AVAILABLE
FOR  THAT  PURPOSE,  TO  PARTICIPATING  COUNTIES  TO ADMINISTER A SEPTIC
SYSTEM REPLACEMENT PROGRAM TO  SUPPORT  SEPTIC  SYSTEM  PROJECTS  WITHIN
THEIR  MUNICIPAL  BOUNDARIES  UNDERTAKEN BY PROPERTY OWNERS WITHIN THEIR
MUNICIPAL BOUNDARIES. WHERE  SUCH  PROJECT  IS  LOCATED  IN  A  PRIORITY
GEOGRAPHIC  AREA IDENTIFIED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION AS THREATENED OR IMPAIRED BY NITROGEN, INCLUDING  GROUNDWATER  USED
AS  DRINKING  WATER,  SUCH  SEPTIC  SYSTEM  PROJECT MUST REDUCE NITROGEN
LEVELS BY AT LEAST THIRTY PERCENT.

S. 2007--B                         130                        A. 3007--B

  (E) THE CORPORATION SHALL MAKE PAYMENTS  MONTHLY  TO  A  PARTICIPATING
COUNTY  UPON  THE RECEIPT BY THE CORPORATION OF A CERTIFICATION FROM THE
PARTICIPATING COUNTY OF THE TOTAL  COSTS  INCURRED  BY  PROPERTY  OWNERS
WITHIN  ITS  MUNICIPAL  BOUNDARIES FOR SEPTIC SYSTEM PROJECTS WITHIN ITS
MUNICIPAL BOUNDARIES THAT ARE ELIGIBLE FOR REIMBURSEMENT FROM THE FUND.
  3.  (A) A PARTICIPATING COUNTY SHALL NOTIFY PROPERTY OWNERS WHO MAY BE
ELIGIBLE TO PARTICIPATE IN THE PROGRAM.  DETERMINATIONS  OF  ELIGIBILITY
WILL  BE MADE BY THE PARTICIPATING COUNTY BASED ON THE PUBLISHED PROGRAM
CRITERIA AND CONSIDERATION OF A PROPERTY'S LOCATION  IN  RELATION  TO  A
WATERBODY, IMPACTS TO GROUNDWATER USED AS DRINKING WATER, AND THE CONDI-
TION OF THE PROPERTY OWNER'S CURRENT SEPTIC SYSTEM AS DETERMINED BY:
  (I) THE COUNTY HEALTH DEPARTMENT OFFICIAL; OR
  (II)  OTHER  DESIGNATED  AUTHORITY  HAVING  JURISDICTION,  PURSUANT TO
SEPTIC INSPECTIONS REQUIRED BY A MUNICIPAL SEPARATE STORM  SEWER  SYSTEM
PERMIT; OR
  (III)  A  SEPTIC CONTRACTOR PURSUANT TO THE APPLICABLE COUNTY SANITARY
CODE.
  (B) AN OWNER OF PROPERTY SERVED BY A SEPTIC  SYSTEM  OR  CESSPOOL  MAY
APPLY  TO  A PARTICIPATING COUNTY ON AN APPLICATION SUBSTANTIALLY IN THE
FORM PROVIDED BY THE CORPORATION.
  (C) PROPERTY OWNERS IN PARTICIPATING COUNTIES MUST HAVE SIGNED A PROP-
ERTY OWNER PARTICIPATION AGREEMENT WITH THE COUNTY BEFORE THE  START  OF
THE  DESIGN  PHASE  TO  BE ELIGIBLE FOR REIMBURSEMENT FROM THE FUND. THE
AGREEMENT MUST BE SUBSTANTIALLY IN THE FORM PROVIDED BY THE  CORPORATION
AND INCLUDE, WITHOUT LIMITATION, THE PROGRAM'S GOALS, GUIDELINES, ELIGI-
BILITY REQUIREMENTS AND REIMBURSEMENT PROCEDURES.
  (D)  A PROPERTY OWNER MAY APPLY FOR REIMBURSEMENT OF ELIGIBLE COSTS BY
SUBMITTING TO THE  PARTICIPATING  COUNTY  A  REIMBURSEMENT  APPLICATION,
WHICH MUST INCLUDE AT LEAST:
  (I) A SIGNED PROPERTY OWNER PARTICIPATION AGREEMENT;
  (II)  A  COMPLETED REIMBURSEMENT APPLICATION FORM SUBSTANTIALLY IN THE
FORM PROVIDED BY THE CORPORATION;
  (III) ANY APPLICABLE DESIGN APPROVAL FOR THE SEPTIC SYSTEM PROJECT;
  (IV) DESCRIPTION OF ALL WORK COMPLETED; AND
  (V) COST DOCUMENTATION AND INVOICE OR INVOICES FOR ELIGIBLE COSTS.
  (E) PARTICIPATING COUNTIES WILL BE  RESPONSIBLE  FOR  REVIEWING  THEIR
PROPERTY  OWNERS'  APPLICATIONS  AND APPROVING, MODIFYING OR DENYING THE
REIMBURSEMENT REQUESTS AS APPROPRIATE AND ISSUING REIMBURSEMENT PAYMENTS
TO PROPERTY OWNERS FROM FINANCIAL ASSISTANCE PAYMENTS MADE TO THE COUNTY
FROM THE FUND.
  (F) PARTICIPATION IN THIS PROGRAM AND THE RECEIPT  OF  PAYMENTS  SHALL
NOT  PREVENT PARTICIPATING COUNTIES FROM PROVIDING ADDITIONAL REIMBURSE-
MENT TO PROPERTY OWNERS.
  (G) SUBJECT TO THE LIMITATIONS OF PARAGRAPH (D) OF  THIS  SUBDIVISION,
THE  COUNTY  MAY  SET GRADUATED INCENTIVE REIMBURSEMENT RATES FOR SEPTIC
SYSTEM PROJECTS TO MAXIMIZE POLLUTION REDUCTION OUTCOMES.
  4. ON OR BEFORE MARCH FIRST, TWO THOUSAND NINETEEN, AND ANNUALLY THER-
EAFTER, THE CORPORATION SHALL SUBMIT  TO  THE  GOVERNOR,  THE  TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY A REPORT REGARD-
ING THE PROGRAM. SUCH REPORT SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO,
THE  NUMBER  AND AMOUNT OF GRANTS PROVIDED, THE NUMBER AND AMOUNT OF ANY
GRANTS DENIED, GEOGRAPHIC DISTRIBUTION OF SUCH PROJECTS  AND  ANY  OTHER
INFORMATION THE CORPORATION DETERMINES USEFUL IN EVALUATING THE BENEFITS
OF THE PROGRAM.

S. 2007--B                         131                        A. 3007--B

  § 10. Subdivision 4 of section 11-b of the soil and water conservation
districts law, as amended by chapter 538 of the laws of 1996, is amended
to read as follows:
  4.  Eligible  costs  that  may  be funded pursuant to this section are
architectural  and  engineering  services,  plans  and   specifications,
including  watershed  based  or  individual agricultural nonpoint source
pollution assessments, consultant and legal services, CONSERVATION EASE-
MENTS AND ASSOCIATED TRANSACTION COSTS SPECIFIC TO TITLE THIRTY-THREE OF
ARTICLE FIFTEEN OF THE ENVIRONMENTAL CONSERVATION LAW and  other  direct
expenses related to project implementation.
  §  11.  Report  on integrated database of infrastructure projects. The
environmental facilities corporation  shall,  in  cooperation  with  the
departments  of health and environmental conservation, study and prepare
a report to the legislature by January 30, 2018, on the  feasibility  of
establishing,  an  integrated  database  or platform incorporating past,
present, and ongoing infrastructure projects that have been applied for,
as well as those which have been funded through grant and loan  programs
administered  by  the  department  of  environmental  conservation,  the
department of  health,  and  the  environmental  facilities  corporation
relating  to  water  quality infrastructure for the purpose of informing
ongoing and future policy and funding initiatives.
  § 12. Subdivision 1 of section 3-0315 of the  environmental  conserva-
tion  law,  as  added by section 1 of part C of chapter 1 of the laws of
2003, is amended to read as follows:
  1. The department IN CONJUNCTION WITH THE COMMISSIONER OF HEALTH shall
create [or modify an existing] AND  MAINTAIN  A  geographic  information
system,  [and  maintain  such  system]  AND  ASSOCIATED DATA STORAGE AND
ANALYTICAL SYSTEMS for purposes OF COLLECTING, STREAMLINING, AND VISUAL-
IZING INTEGRATED DATA, PERMITS, AND RELEVANT SITES ABOUT DRINKING  WATER
QUALITY  including,  but not limited to, incorporating [information from
remedial programs under its jurisdiction, and] SUPPLY WELL AND  MONITOR-
ING WELL DATA, EMERGING CONTAMINANT DATA, WATER QUALITY MONITORING DATA,
PERTINENT  DATA FROM REMEDIATION AND LANDFILL SITES, PERMITTED DISCHARGE
LOCATIONS AND OTHER POTENTIAL CONTAMINATION  RISKS  TO  WATER  SUPPLIES.
SUCH  SYSTEM  shall  also  incorporate information from the source water
assessment program collected by the  department  of  health,  data  from
annual  water  supply  statements  prepared  pursuant  to section eleven
hundred fifty-one of the public health law, information from  the  data-
base pursuant to title fourteen of article twenty-seven of this chapter,
and any other existing data regarding soil and groundwater contamination
currently  gathered  by the department, as well as data on contamination
that is readily available from the United States geological  survey  and
other  sources determined appropriate by the department.  IN ADDITION TO
FACILITATING INTERAGENCY COORDINATION AND PREDICTIVE ANALYSIS TO PROTECT
WATER QUALITY, SUCH SYSTEM SHALL PROVIDE STATE AGENCY INFORMATION TO THE
PUBLIC THROUGH A WEBSITE, WITHIN REASONABLE LIMITATIONS TO ENSURE CONFI-
DENTIALITY AND SECURITY.
  § 13. 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.
  § 14. This act shall take effect immediately; provided, however,  that
emergency  financial  assistance  will  not  be  available under section
1285-t of the public authorities law  established  pursuant  to  section

S. 2007--B                         132                        A. 3007--B

eight  of  this  act  until one hundred twenty days after this act shall
take effect; and provided further that the provisions of section nine of
this act shall take effect on the one hundred  eightieth  day  after  it
shall become a law.
  § 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 T of this act shall be
as specifically set forth in the last section of such Parts.