S T A T E O F N E W Y O R K
________________________________________________________________________
2796
2019-2020 Regular Sessions
I N A S S E M B L Y
January 25, 2019
___________
Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Health
AN ACT to amend subpart B of part FFF of chapter 59 of the laws of 2018
amending the public health law relating to authorizing the commission-
er of health to redeploy excess reserves of certain not-for-profit
managed care organizations, in relation to the effectiveness thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of subpart B of part FFF of chapter 59 of the
laws of 2018 amending the public health law relating to authorizing the
commissioner of health to redeploy excess reserves of certain not-for-
profit managed care organizations is amended to read as follows:
§ 2. This act shall take effect August 1, 2018 and shall expire and be
deemed repealed August 1, 2023[, but, shall not apply to any entity or
any subsidiary or affiliate of such entity that disposes of all or a
material portion of its assets pursuant to a transaction that: (1) was
the subject of a request for regulatory approval first made to the
commissioner of health between January 1, 2017, and December 31, 2017;
and (2) receives regulatory approval from the commissioner of health
prior to July 31, 2018]; PROVIDED THAT THE PROVISIONS OF SECTION 4416 OF
THE PUBLIC HEALTH LAW, AS ADDED BY SECTION ONE OF THIS ACT, SHALL NOT
APPLY TO ANY ENTITY OR ANY SUBSIDIARY OR AFFILIATE OF SUCH ENTITY THAT
WAS SUBJECT TO THE TERMS OF SUCH SECTION AND THAT HAD RESERVES THAT DID
NOT EXCEED THE PRESUMPTIVE RESERVE CEILING SET FORTH IN SUCH SECTION ON
ITS EFFECTIVE DATE.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03866-01-9