S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5671--A
     Cal. No. 1150
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 25, 2017
                                ___________
 
 Introduced  by  Sens. HANNON, LARKIN -- (at request of the Department of
   Health) -- read twice and ordered printed,  and  when  printed  to  be
   committed  to  the Committee on Health -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 AN ACT to amend the public health law, the social services law and chap-
   ter 2 of the laws of 2004 amending the public health law,  the  social
   services  law  and  the  state  finance  law  relating to enacting the
   assisted living reform act, in relation to reporting  requirements  by
   the  department  of health; to repeal certain provisions of the public
   health law and the social services law  relating  thereto;  to  repeal
   section  10  of  chapter 409 of the laws of 1991 relating to providing
   for the submission of certain reports and  written  plans  by  certain
   state  departments,  the  omnibus economic development act of nineteen
   hundred eighty-seven, and the New York state urban development  corpo-
   ration act, relating to reporting requirements; to repeal section 2 of
   the  families in transition act of 2000, relating to an annual report-
   ing requirement; and to repeal section 24-b of part B of chapter 58 of
   the laws of 2007 amending the elder law and other laws relating to the
   elderly pharmaceutical insurance coverage program, program eligibility
   and the generic drug dispensing fee, relating  to  reporting  require-
   ments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 of section 266 of the public health  law,  as
 added by chapter 483 of the laws of 2014, is amended to read as follows:
   5.  Report [annually] EVERY THREE YEARS, COMMENCING JANUARY FIRST, TWO
 THOUSAND EIGHTEEN, to the commissioner, the temporary president  of  the
 senate,  the  speaker  of the assembly, the chair of the senate standing
 committee on health, and the chair of the assembly health committee.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD10166-03-7

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   § 2. Subparagraph (ii) of paragraph (b) of subdivision  1  of  section
 409-c of the public health law is REPEALED.
   §  3.  Subdivision  5  of  section  613  of  the  public health law is
 REPEALED.
   § 4. Section 695-d of the public health law is REPEALED.
   § 5. Paragraph o of subdivision 1 of section 802 of the public  health
 law is REPEALED.
   §  5-a.  Paragraphs  m  and  n  of subdivision 1 of section 802 of the
 public health law, as added by chapter 445 of the laws of  1975  and  as
 relettered  by  chapter  231 of the laws of 1990, are amended to read as
 follows:
   m. make rules and regulations for the exercise of the council's powers
 and performance of its duties in order to carry out  the  provisions  of
 this article; AND
   n.  exercise  and  perform such other functions, powers, and duties as
 may from time to time be conferred or imposed by law[; and].
   § 6. Paragraph (h) of subdivision 2 of  section  1606  of  the  public
 health law is REPEALED.
   §  7.  Subdivision  12  of  section  2165  of the public health law is
 REPEALED.
   § 8. The section heading and subdivisions 1 and 2 of section 2401-a of
 the public health law are REPEALED.
   § 9. Subdivision 3 of section 2401-a of  the  public  health  law,  as
 added by chapter 393 of the laws of 2007, is amended to read as follows:
   [3.]  Skin  cancer reporting. The department shall [annually] submit a
 written report EVERY THREE YEARS, COMMENCING JANUARY FIRST, TWO THOUSAND
 EIGHTEEN, to the governor and the legislature on the incidence  of  skin
 cancer  in  the  state  of  New York, by type and as a percentage of the
 overall number of reported cases of all types of cancer, as well as  the
 associated causes of each type of skin cancer, if such causes are readi-
 ly  ascertainable. Such report shall be generated based on data gathered
 and reviewed pursuant to this title, and shall provide information which
 is as current as practicable; provided, however, a retrospective of  the
 past  ten  years  of  information  collected  pursuant to this title and
 predominant trends associated with such information,  as  concerns  skin
 cancer  and  its  associated causes, shall be a component of such report
 and each report submitted thereafter. At the discretion of  the  commis-
 sioner,  such  reports may provide additional information other than the
 information required by this [subdivision] SECTION.   The  first  report
 created  pursuant  to  this [subdivision] SECTION shall be submitted one
 year after the effective date of this [subdivision] SECTION. The reports
 generated pursuant to this [subdivision] SECTION shall be made available
 to the public on the department's website.
   § 10. Subdivision 3 of section  2475  of  the  public  health  law  is
 REPEALED.
   §  11.  Subdivision  6  of  section 2500-c of the public health law is
 REPEALED.
   § 12. Subdivision 5 of section 2500-i of the  public  health  law,  as
 added by chapter 46 of the laws of 2008, is amended to read as follows:
   5. The department shall [annually report, on or before January first,]
 REPORT  EVERY  THREE YEARS, COMMENCING JANUARY FIRST, TWO THOUSAND EIGH-
 TEEN, to the governor, the temporary president of  the  senate  and  the
 speaker  of  the  assembly on the implementation of this section and any
 recommendations for furthering the purpose of this section.
   § 13. Subdivision 13 of section 2511  of  the  public  health  law  is
 REPEALED.

 S. 5671--A                          3
 
   § 14. Section 2515-d of the public health law is REPEALED.
   § 15. Section 2703 of the public health law is REPEALED.
   §  16.  Paragraph  (g)  of subdivision 1 of section 2712 of the public
 health law is REPEALED.
   § 17. Subdivision 5 of section 2803-b of  the  public  health  law  is
 REPEALED.
   § 18. Section 2953 of the public health law is REPEALED.
   §  19.  Subdivision  12  of section 2959-a of the public health law is
 REPEALED.
   § 20. Subdivision 3 of section 2998-a of  the  public  health  law  is
 REPEALED.
   §  21.  Paragraph (e) of subdivision 1 of section 2998-b of the public
 health law is REPEALED.
   § 22. Paragraph (c) of subdivision 1 of section 2998-c of  the  public
 health law is REPEALED.
   § 23. Section 3397-g of the public health law is REPEALED.
   §  24.  Paragraph  (b)  of subdivision 5 of section 3614 of the public
 health law, as amended by chapter 60 of the laws of 1993, is amended  to
 read as follows:
   (b)  The total amount of funds to be allocated and distributed for bad
 debt and charity care allowances to eligible certified home health agen-
 cies for a rate period in accordance  with  this  subdivision  shall  be
 limited  to  an annual aggregate amount of six million two hundred fifty
 thousand dollars; provided, however, that the amount of funds  allocated
 for  distribution  to  eligible publicly sponsored certified home health
 agencies for bad debt and charity care allowances shall not exceed thir-
 ty-five percent of total available funds for all eligible certified home
 health agencies for bad debt and charity care allowances. In  establish-
 ing  an apportionment of available funds to publicly sponsored certified
 home health agencies in accordance with this paragraph, the commissioner
 shall promulgate regulations which may include, but not be  limited  to,
 such  factors  as  the ratio of public to nonpublic base year period bad
 debt and charity care provided by eligible certified home  health  agen-
 cies  and  differences in costs for delivering such services.  Certified
 home health agencies provided by general hospitals shall not be eligible
 for any portion of the allocation pursuant to  this  paragraph  for  the
 period  of  July first, nineteen hundred ninety through December thirty-
 first, nineteen hundred  ninety-four,  or  for  such  longer  period  if
 extended  by  law,  based  on the projected availability of an equitable
 level of bad debt and charity care coverage for such  agencies  provided
 pursuant to chapter two of the laws of nineteen hundred eighty-eight and
 any  future  amendments thereto. [In order to determine the appropriate-
 ness of the exclusion of hospital-based certified home  health  agencies
 and  the allocation to publicly sponsored certified home health agencies
 pursuant to this paragraph, the commissioner on or before April  thirti-
 eth, nineteen hundred ninety-one and annually thereafter shall report to
 the  governor,  the chairmen of the senate finance and assembly ways and
 means committees and the chairmen of the senate  and  assembly  standing
 committees  on  health comparing the levels of bad debt and charity care
 coverage for all certified home health agencies and  indicating  whether
 such  coverage is equitable, within a five percent differential, between
 hospital-based, public, other voluntary non-profit and private  proprie-
 tary  certified home health agencies considering the availability of all
 other forms of financial support or subsidies for this  purpose.  Should
 the  differential  of  the  preceding  be greater than five percent, the
 commissioner shall recommend modifications to  the  provisions  of  this

 S. 5671--A                          4

 paragraph,  and  to  any  associated regulations, as may be necessary to
 achieve equitable levels of bad debt and charity care coverage.]
   § 25. Section 4807 of the public health law is REPEALED.
   §  26. Section 366-h of the social services law, as added by section 7
 of part B of chapter 57 of the laws of  2000,  is  amended  to  read  as
 follows:
   § 366-h. Automated system; established. Notwithstanding any inconsist-
 ent provision of law or regulation, the commissioner of health shall, as
 soon  as  practicable,  establish  an  automated  system  to ensure that
 persons who meet the criteria for receipt of medical assistance benefits
 under paragraph (a) or (c) of subdivision four of section three  hundred
 sixty-six  of this title shall remain enrolled in the medical assistance
 program without interruption and receive the benefits set forth  accord-
 ing to paragraph (a) or (c) of subdivision four of section three hundred
 sixty-six  of  this  title.  Pending  implementation  of  such automated
 system, such commissioner shall, in  consultation  with  the  office  of
 temporary  and  disability assistance, undertake and continue efforts to
 educate local departments of social services  about  the  measures  they
 must  take  to  ensure  that medical assistance benefits are provided to
 persons eligible for such benefits under  subdivision  four  of  section
 three  hundred  sixty-six  of  this  title. [A report on the progress to
 implement such automated system  shall  be  submitted  annually  to  the
 governor and the legislature by the commissioner of health.]
   §  27.  Subdivision  5  of section 367-e of the social services law is
 REPEALED.
   § 28. Section 10 of chapter 409  of  the  laws  of  1991  relating  to
 providing  for  the  submission  of certain reports and written plans by
 certain state departments, the omnibus economic development act of nine-
 teen hundred eighty-seven, and the  New  York  state  urban  development
 corporation act, is REPEALED.
   §  29. Section 2 of chapter 477 of the laws of 2000 relating to enact-
 ing the families in transition act of 2000, is REPEALED.
   § 30. Section 5 of chapter 2 of the laws of 2004 amending  the  public
 health  law,  the social services law and the state finance law relating
 to enacting the assisted living  reform  act,  is  amended  to  read  as
 follows:
   §  5.  A task force on adult care facilities and assisted living resi-
 dences is hereby created,  and  shall  consist  of  ten  members  to  be
 appointed  as  follows:  six members shall be appointed by the governor,
 two members shall be appointed by the temporary president of the senate,
 and two members shall be appointed by the speaker of the assembly.   The
 purpose  of  such  task  force,  which  shall be convened not later than
 December 1, 2004, shall be to update and  revise  the  requirements  and
 regulations  applicable  to  adult  care  facilities and assisted living
 residences to better promote resident choice, autonomy and independence.
 Ex officio members of the task force shall include the  commissioner  of
 health, the director of the state office for the aging, the commissioner
 of  the  office of mental health, the chair of the commission on quality
 of care for the mentally disabled, or their designees.  The  task  force
 shall  gather  information  regarding the various ways in which existing
 requirements and guidelines unduly infringe on affordability of care and
 services, individual resident choice, autonomy and independence, examine
 and evaluate such requirements and guidelines, and make  recommendations
 to  improve  them  so that they achieve their desired objectives for the
 resident populations they are designed  to  protect  without  infringing
 upon  the  choice,  autonomy  and  independence of other residents. Such

 S. 5671--A                          5

 recommendations shall include, but not be  limited  to:  (a)  minimizing
 duplicative  or  unnecessary regulatory oversight; (b) ensuring that the
 indigent have adequate access to, and that there are a sufficient number
 of  enhanced  assisted  living  residences;  (c)  developing  affordable
 assisted living; (d) promoting resident choice and independence; (e) the
 evaluation tool as required by section 4657 of the  public  health  law;
 and,  (f)  specific standards and criteria relating to the special needs
 certificates required by section 4655 of the  public  health  law.  [The
 task  force  shall issue a report of its findings and recommendations to
 the governor and legislature on or before  June  1,  2005  and  annually
 thereafter.]
   § 31. Section 24-b of part B of chapter 58 of the laws of 2007, amend-
 ing  the elder law and other laws relating to the elderly pharmaceutical
 insurance coverage program, program eligibility  and  the  generic  drug
 dispensing fee, is REPEALED.
   § 32. This act shall take effect immediately; provided, however, that:
   (a) sections one, nine and twelve of this act shall take effect Decem-
 ber 31, 2017; and
   (b)  the  amendments to paragraph (b) of subdivision 5 of section 3614
 of the public health law made by section twenty-four of this  act  shall
 not  affect  the  expiration  of such subdivision and shall be deemed to
 expire therewith.