S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 7507--A                                            A. 9507--A
 
                       S E N A T E - A S S E M B L Y
 
                             January 22, 2020
                                ___________
 
 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
 
 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
 
 AN ACT to amend the New York Health Care Reform Act of 1996, in relation
   to  extending certain provisions relating thereto; to amend the public
   health law, in relation to health care initiative pool  distributions;
   to  amend  the New York Health Care Reform Act of 2000, in relation to
   extending the effectiveness of provisions thereof; to amend the public
   health law and the state financial  law  in  relation  to  eliminating
   programs  that do not support the department of health's core mission;
   to amend the public health law, in relation to payments for  uncompen-
   sated  care  to  certain voluntary non-profit diagnostic and treatment
   centers; to amend the public health law, in relation to  the  distrib-
   ution  pool  allocations  and graduate medical education; to amend the
   public health law, in relation to the assessments on covered lives; to
   amend the public health law, in relation to tobacco control and insur-
   ance initiatives pool distributions; to amend chapter 266 of the  laws
   of  1986  amending  the  civil  practice  law and rules and other laws
   relating to malpractice and professional medical conduct, in  relation
   to extending the effectiveness of certain provisions thereof; to amend
   chapter  62  of the laws of 2003 amending the general business law and
   other laws relating to enacting major components necessary  to  imple-
   ment  the  state  fiscal  plan  for  the 2003-04 state fiscal year, in
   relation to the deposit of certain funds; to amend the social services
   law, in relation to extending payment provisions  for  general  hospi-
   tals; to amend the public health law, in relation to extending payment
   provisions  for  certain  medical  assistance rates for certified home
   health agencies; to amend the social  services  law,  in  relation  to
   extending  payment  provisions  for  certain  personal  care  services
   medical assistance rates; to amend chapter 517 of  the  laws  of  2016
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12671-02-0

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   amending  the public health law relating to payments from the New York
   state medical indemnity fund, in relation to the effectiveness  there-
   of; and to repeal certain provisions of the public health law relating
   to  funding  for certain programs (Part A); to repeal subdivision 9 of
   section 2803 of the public health law, relating to the  department  of
   health's requirement to audit the number of working hours for hospital
   residents  (Part B); to amend the insurance law, in relation to creat-
   ing a pay and pursue model within the early intervention program (Part
   C); to amend the social services law,  in  relation  to  limiting  the
   availability  of  enhanced  quality  of adult living program ("EQUAL")
   grants (Part D); to amend the state finance law, in relation to trans-
   ferring responsibility for the autism awareness and research  fund  to
   the  office  for  people with developmental disabilities; to amend the
   mental hygiene law, the insurance law and the labor law,  in  relation
   to  transferring responsibility for the comprehensive care centers for
   eating disorders to the office of mental health; and to repeal certain
   provisions of the public health law relating to  funding  for  certain
   programs  (Part  E);  to amend chapter 59 of the laws of 2016 amending
   the  public  health  law  and  other  laws  relating   to   electronic
   prescriptions,  in  relation  to  the  effectiveness thereof; to amend
   chapter 19 of the laws of  1998,  amending  the  social  services  law
   relating  to  limiting  the  method  of payment for prescription drugs
   under the medical assistance program, in relation to the effectiveness
   thereof; to amend the public health law,  in  relation  to  continuing
   nursing home upper payment limit payments; to amend chapter 904 of the
   laws  of  1984, amending the public health law and the social services
   law relating to encouraging comprehensive health services, in relation
   to the effectiveness thereof; to amend chapter 62 of the laws of 2003,
   amending the public health law 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;  to  amend  the public health law, in relation to
   issuance of certificates of authority to  accountable  care  organiza-
   tions;  to  amend  chapter 59 of the laws of 2016, amending the social
   services law and other laws relating to authorizing  the  commissioner
   of  health  to apply federally established consumer price index penal-
   ties for generic drugs, and authorizing the commissioner of health  to
   impose penalties on managed care plans for reporting late or incorrect
   encounter data, in relation to the effectiveness of certain provisions
   of  such  chapter;  to amend part B of chapter 57 of the laws of 2015,
   amending the social services law and other laws  relating  to  supple-
   mental  rebates,  in  relation  to the effectiveness thereof; to amend
   chapter 57 of the laws of 2019, amending the public health law  relat-
   ing to waiver of certain regulations, in relation to the effectiveness
   thereof; to amend chapter 474 of the laws of 1996, amending the educa-
   tion  law and other laws relating to rates for residential health care
   facilities, in relation to  extending  the  effectiveness  of  certain
   provisions  thereof; to amend chapter 81 of the laws of 1995, amending

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   the public health law and other laws relating to medical reimbursement
   and welfare reform, in relation  to  extending  the  effectiveness  of
   certain  provisions  thereof; to amend chapter 58 of the laws of 2008,
   amending the social services law and the public health law relating to
   adjustments of rates, in relation to extending the date of the expira-
   tion  of certain provisions thereof; and to amend part B of chapter 57
   of the laws of 2015, amending the social services law and  other  laws
   relating  to  supplemental  rebates,  in relation to the effectiveness
   thereof  (Part  F);  to  amend  the  insurance  law,  in  relation  to
   prescription  drug  pricing  and  creating a drug accountability board
   (Part G); to amend the education law, in relation  to  clarifying  the
   tasks  that  can  be performed by a licensed pharmacy technician (Part
   H); to amend the education law, in relation to orders  or  non-patient
   specific  regimens  to pharmacists for administering immunizations; to
   amend chapter 563 of the laws of 2008, amending the education law  and
   the public health law relating to immunizing agents to be administered
   to  adults by pharmacists, in relation to making the provisions perma-
   nent; to amend chapter 116 of the laws of 2012, amending the education
   law relating to authorizing a licensed pharmacist and certified  nurse
   practitioner  to  administer certain immunizing agents, in relation to
   making certain provisions permanent; to amend chapter 274 of the  laws
   of 2013, amending the education law relating to authorizing a licensed
   pharmacist  and certified nurse practitioner to administer meningococ-
   cal disease immunizing agents, in relation to the effectiveness there-
   of; and to amend chapter 21 of the laws of 2011, amending  the  educa-
   tion  law relating to authorizing pharmacists to perform collaborative
   drug therapy  management  with  physicians  in  certain  settings,  in
   relation to making certain provisions permanent (Part I); to amend the
   insurance  law, in relation to denial of payment for certain medically
   necessary hospital services, claims payment timeframes and payment  of
   interest,  payment  and  billing for out-of-network hospital emergency
   services, claims payment performance and creation of  a  workgroup  to
   study  health  care administrative simplification; to amend the public
   health law, the insurance law, the  financial  services  law  and  the
   civil practice law and rules, in relation to provisional credentialing
   of physicians and utilization review determinations and prior authori-
   zation; and to repeal certain provisions of the financial services law
   relating thereto (Part J); to amend the public health law, in relation
   to the state's physician profiles (Part K); to amend the education law
   and the public health law, in relation to enhancing the ability of the
   department  of  education  to  investigate,  discipline,  and  monitor
   licensed physicians, physician assistants, and  specialist  assistants
   (Part  L);  to amend the public health law, in relation to the state's
   schedules of controlled substances  (Part  M);  to  amend  the  public
   health  law, in relation to general hospital and nursing home require-
   ments to establish antibiotic stewardship programs  and  antimicrobial
   resistance  and  infection  prevention  training programs (Part N); to
   amend the public health law,  in  relation  to  expanding  the  Sexual
   Assault  Forensic Examiner (SAFE) Program to all New York state hospi-
   tals with an emergency department (Part O); to amend the public health
   law and the labor law, in relation to  the  state's  modernization  of
   environmental health fee (Part P); to amend the public health law, the
   education  law,  the general business law and the tax law, in relation
   to the tobacco and electronic cigarette omnibus  state  of  the  state
   proposal;  and  to  repeal certain provisions of the public health law
   relating thereto (Part Q);  to  amend  the  social  services  law,  in

 S. 7507--A                          4                         A. 9507--A
 
   relation  to  certain Medicaid management; authorizing the director of
   the division of the budget to direct the  commissioner  of  health  to
   distribute  enhanced  federal  match assistance percentage payments to
   social  services  districts;  and relating to state expenditures (Part
   R); to amend the public health law, in  relation  to  adding  a  three
   percent  surcharge  to construction approval applications (Part S); 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 excess insurance coverage and  extend-
   ing the effectiveness of certain provisions thereof; and to amend part
   H of chapter 57 of the laws of 2017, amending the New York Health Care
   Reform  Act  of  1996  and  other  laws  relating to extending certain
   provisions relating  thereto,  in  relation  to  extending  provisions
   relating  to  excess coverage (Part T); to amend the insurance law, in
   relation to the licensing of pharmacy benefit managers  (Part  U);  to
   amend  the mental hygiene law, in relation to admission to residential
   treatment facilities (RTF) for children and youth (Part V);  to  amend
   the  criminal  procedure  law,  in relation to including mental health
   units operating within a local correctional facility within the  defi-
   nition  of "appropriate institution" under certain circumstances (Part
   W); to authorize the transfer  of  certain  office  of  mental  health
   employees  to  the secure treatment rehabilitation center (Part X); to
   amend the mental hygiene law, in relation to the  amount  of  time  an
   individual  may be held for emergency observation, care, and treatment
   in CPEP and the implementation of satellite sites;  to  amend  chapter
   723 of the laws of 1989 amending the mental hygiene law and other laws
   relating  to comprehensive psychiatric emergency programs, in relation
   to the effectiveness of certain  provisions  thereof;  and  to  repeal
   paragraphs  4 and 8 of subdivision (a), and subdivision (i) of section
   31.27 of the mental hygiene law, relating thereto (Part Y);  to  amend
   the  insurance  law, in relation to promulgating rules and regulations
   to establish mental health and substance use disorder  parity  compli-
   ance  requirements;  and  to  amend  the  state finance law and public
   health law, in relation to establishing the behavioral  health  parity
   compliance  fund  (Part  Z);  to  amend  the  social  services law, in
   relation to the requirement to check the statewide central register of
   child abuse and maltreatment for every subject of a  reported  allega-
   tion  of  abuse or neglect (Part AA); to amend the mental hygiene law,
   the social services law and the public  health  law,  in  relation  to
   providers  of  service  (Part  BB);to  amend the public health law, in
   relation to the renaming  of  the  Physically  Handicapped  Children's
   Program  (Part  CC); to amend education law and other laws relating to
   applied behavior analysis, in relation to extending the expiration  of
   certain provisions thereof (Part DD); and to amend the social services
   law,  the  public  health  law  and  the insurance law, in relation to
   creating a single preferred-drug list for medication  assisted  treat-
   ment;  to  amend  chapter  57 of the laws of 2015, amending the social
   services law and other  laws  relating  to  supplemental  rebates,  in
   relation  to  the  effectiveness  thereof; to amend chapter 165 of the
   laws of 1991, amending the public health law and other  laws  relating
   to  establishing  payments  for medical assistance, in relation to the
   effectiveness thereof; to amend chapter  710  of  the  laws  of  1988,
   amending  the  social  services  law and the education law relating to
   medical assistance eligibility of certain persons  and  providing  for
   managed medical care demonstration programs, in relation to the effec-

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   tiveness  there-of; and providing for the repeal of certain provisions
   upon expiration thereof (Part EE)
 
   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
 necessary  to  implement  the state health and mental hygiene budget for
 the 2020-2021 state fiscal year.  Each  component  is  wholly  contained
 within  a  Part identified as Parts A through EE. 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, including the effective date of the Part, which makes  a  refer-
 ence  to  a  section  "of  this  act", when used in connection with that
 particular component, shall be deemed to mean and refer  to  the  corre-
 sponding section of the Part in which it is found. Section three of this
 act sets forth the general effective date of this act.
 
                                  PART A
 
   Section  1.    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 14 of part H of chapter
 57 of the laws of 2017, 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, [2020] 2023,
 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, [2020] 2023, 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,  [2020]  2023,  the
 commissioner  of health is authorized to transfer and the comptroller is
 authorized to deposit, within  amounts  appropriated  each  year,  those

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 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, 2020, the commis-
 sioner 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,  [2020]  2023,  the
 commissioner  of health is authorized to transfer and the comptroller is
 authorized to deposit, within  amounts  appropriated  each  year,  those
 funds  allocated  pursuant  to paragraph (j) of subdivision 1 of section
 2807-v of the public health law for the purpose of payment for  adminis-
 trative  costs  of the department of health related to administration of
 the state's tobacco control programs and cancer services provided pursu-
 ant to sections 2807-r and 1399-ii of the public health  law  into  such
 accounts established within the department of health for such purposes.
   (6)  Notwithstanding  any inconsistent provision of law, rule or regu-
 lation and effective April 1, 2008 through March 31,  [2020]  2023,  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, [2020] 2023, 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

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 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,  [2020]  2023,  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, [2020] 2023, 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
 act (HCRA) resources fund - 061, provider collection monitoring account,
 established within the department of health.
   §  2.  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
 H of chapter 57 of the laws of 2017, 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 [nineteen] TWENTY-TWO, and
   (v)  one hundred ninety-one million two hundred fifty thousand dollars
 of the funds accumulated for the  period  January  first,  two  thousand
 [twenty]  TWENTY-THREE through March thirty-first, two thousand [twenty]
 TWENTY-THREE.
   § 3.  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  H of chapter 57 of the laws of 2017, 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,
 [2020] 2023, and shall be thereafter effective only in  respect  to  any
 act  done  on or before such date or action or proceeding arising out of
 such act including continued collections of funds from  assessments  and
 allowances  and  surcharges  established  pursuant  to  sections 2807-c,
 2807-j, 2807-s and 2807-t of the public health law,  and  administration
 and  distributions  of funds from pools established pursuant to sections
 2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s and 2807-t of the  public
 health  law  related  to  patient  services provided before December 31,
 [2020] 2023, and continued expenditure of funds authorized for  programs
 and grants until the exhaustion of funds therefor;

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   §  4.   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  H of chapter 57 of the laws of 2017, 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,  [2020]  2023,
 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, [2020] 2023, and continued  expenditure  of
 funds  authorized  for programs and grants until the exhaustion of funds
 therefor;
   § 5.  Section 2807-l of the public health law, as amended  by  section
 21  of  part  H of chapter 57 of the laws of 2017, 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;

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   (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;
   (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

 S. 7507--A                         10                         A. 9507--A
 
 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
   (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

 S. 7507--A                         11                         A. 9507--A
 
 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-
 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

 S. 7507--A                         12                         A. 9507--A
 
 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
 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 [twenty] TWENTY-THREE;
   (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
 [twenty]  TWENTY-THREE  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

 S. 7507--A                         13                         A. 9507--A
 
 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
 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,  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, AND UP TO  TWO  MILLION
 NINE  HUNDRED  THOUSAND  DOLLARS  EACH  STATE FISCAL YEAR FOR THE PERIOD
 APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIRTY-FIRST,  TWO  THOU-
 SAND TWENTY-THREE. 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 assembly 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

 S. 7507--A                         14                         A. 9507--A
 
 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, up to three million dollars each  state  fiscal  year
 for  the period April first, two thousand fourteen through March thirty-
 first, two thousand seventeen, [and] up to three  million  dollars  each
 state  fiscal  year  for  the period April first, two thousand seventeen
 through March thirty-first, two thousand twenty, AND UP TO THREE MILLION
 DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND
 TWENTY THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE; 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, 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

 S. 7507--A                         15                         A. 9507--A

 thousand twenty, AND UP TO NINETEEN MILLION SIX HUNDRED THOUSAND DOLLARS
 EACH STATE FISCAL YEAR FOR THE PERIOD OF APRIL FIRST, TWO THOUSAND TWEN-
 TY  THROUGH  MARCH  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-THREE, shall be
 transferred to the health facility restructuring pool established pursu-
 ant 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
 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,  up  to  twenty-six  million eight hundred seventeen
 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 seven-
 teen through March thirty-first, two thousand twenty, AND UP TO  TWENTY-
 SIX  MILLION  EIGHT HUNDRED SEVENTEEN THOUSAND DOLLARS EACH STATE FISCAL
 YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIR-
 TY-FIRST, TWO THOUSAND TWENTY-THREE, less the amount of funds  available
 for allocations for rate adjustments for workforce 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-

 S. 7507--A                         16                         A. 9507--A
 
 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
 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;

 S. 7507--A                         17                         A. 9507--A
 
   (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;
   (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;

 S. 7507--A                         18                         A. 9507--A
 
   (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
 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, 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,  AND
 UP  TO  SIXTEEN  MILLION  TWO HUNDRED THOUSAND DOLLARS EACH STATE FISCAL
 YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIR-
 TY-FIRST, TWO THOUSAND TWENTY-THREE.
   (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)

 S. 7507--A                         19                         A. 9507--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
 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  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, AND FOR THE PERIOD APRIL FIRST, TWO THOUSAND
 TWENTY THROUGH MARCH THIRTY-FIRST,  TWO  THOUSAND  TWENTY-THREE,  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,
 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 thou-
 sand seventeen through March thirty-first, two thousand twenty, an addi-
 tional seven million five hundred thousand dollars annually, AND FOR THE
 PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIRTY-FIRST,  TWO
 THOUSAND TWENTY-THREE, 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

 S. 7507--A                         20                         A. 9507--A
 
 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;
   (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 [twenty]
 TWENTY-THREE.
   (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

 S. 7507--A                         21                         A. 9507--A
 
 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-
 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

 S. 7507--A                         22                         A. 9507--A
 
 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.
   § 6. Subdivision 1, paragraph (f) of subdivision 3, paragraphs (a) and
 (d) of subdivision 5 and subdivisions 5-a and 12 of  section  2807-m  of
 the  public health law, subdivision 1 as amended by section 16 of part B
 of chapter 58 of the laws of 2008, the opening  paragraph  of  paragraph
 (s)  of  subdivision  1  as  amended  by section 95 and paragraph (f) of
 subdivision 3 as amended by section 97 of part C of chapter  58  of  the
 laws  of 2009, paragraph (a) of subdivision 5 as amended by section 75-b
 of part C of chapter 58 of the laws of 2008, paragraph (d)  of  subdivi-
 sion  5  as added by section 10-a of part E of chapter 63 of the laws of
 2005, subdivision 5-a as amended by section 6 of part H of chapter 57 of
 the laws of 2017 and subdivision 12 as added by section 3 of part  R  of
 chapter 59 of the laws of 2016, are amended to read as follows:
   1.  Definitions.  For  purposes  of  this section, the following defi-
 nitions shall apply, unless the context clearly requires otherwise:
   (a) "Clinical research" means patient-oriented research, epidemiologic
 and  behavioral  studies,  or  outcomes  research  and  health  services
 research  that  is approved by an institutional review board by the time
 the clinical research position is filled.
   (b) "Clinical research plan" means a plan submitted by a consortium or
 teaching general hospital for a clinical research position which  demon-
 strates, in a form to be provided by the commissioner, the following:
   (i)  financial  support for overhead, supervision, equipment and other
 resources equal to the amount of funding provided pursuant  to  subpara-
 graph  (i) of paragraph (b) of subdivision five-a of this section by the
 teaching general hospital or consortium for the clinical research  posi-
 tion;
   (ii)  experience  the sponsor-mentor and teaching general hospital has
 in clinical research and the medical field of the study;
   (iii) methods, data collection and anticipated measurable outcomes  of
 the clinical research to be performed;
   (iv)  training goals, objectives and experience the researcher will be
 provided to assess a future career in clinical research;
   (v)  scientific  relevance,  merit  and  health  implications  of  the
 research to be performed;
   (vi)  information  on  potential  scientific  meetings and peer review
 journals where research results can be disseminated;
   (vii) clear and comprehensive details on the clinical  research  posi-
 tion;
   (viii) qualifications necessary for the clinical research position and
 strategy for recruitment;
   (ix)  non-duplication  with other clinical research positions from the
 same teaching general hospital or consortium;
   (x) methods to track the career of the clinical  researcher  once  the
 term of the position is complete; and

 S. 7507--A                         23                         A. 9507--A
 
   (xi)  any  other information required by the commissioner to implement
 subparagraph (i) of paragraph (b) of subdivision five-a of this section.
   (xii) The clinical review plan submitted in accordance with this para-
 graph  may  be reviewed by the commissioner in consultation with experts
 outside the department of health.
   (c) "Clinical research position" means a post-graduate residency posi-
 tion which:
   (i) shall not be required in order for the researcher  to  complete  a
 graduate medical education program;
   (ii)  may  be reimbursed by other sources but only for costs in excess
 of the funding distributed in accordance with subparagraph (i) of  para-
 graph (b) of subdivision five-a of this section;
   (iii)  shall  exceed  the  minimum  standards that are required by the
 residency review committee in the specialty the researcher  has  trained
 or is currently training;
   (iv)  shall  not be previously funded by the teaching general hospital
 or supported by another funding source at the teaching general  hospital
 in  the  past  three  years  from the date the clinical research plan is
 submitted to the commissioner;
   (v) may supplement an existing research project;
   (vi) shall be equivalent to a full-time position comprising of no less
 than thirty-five hours per week for one or two years;
   (vii) shall provide, or be filled by a researcher who  has  formalized
 instruction  in  clinical  research,  including  biostatistics, clinical
 trial design, grant writing and research ethics;
   (viii) shall be supervised by a sponsor-mentor who shall either (A) be
 employed, contracted for employment or paid through an affiliated facul-
 ty practice plan by a teaching general hospital which  has  received  at
 least  one  research grant from the National Institutes of Health in the
 past five years from the date the clinical research plan is submitted to
 the commissioner; (B) maintain  a  faculty  appointment  at  a  medical,
 dental  or  podiatric school located in New York state that has received
 at least one research grant from the National Institutes  of  Health  in
 the  past five years from the date the clinical research plan is submit-
 ted to the  commissioner;  or  (C)  be  collaborating  in  the  clinical
 research  plan  with  a  researcher  from  another  institution that has
 received at least one research grant from  the  National  Institutes  of
 Health  in  the past five years from the date the clinical research plan
 is submitted to the commissioner; and
   (ix) shall be filled by a  researcher  who  is  (A)  enrolled  or  has
 completed  a graduate medical education program, as defined in paragraph
 (i) of this subdivision; (B)  a  United  States  citizen,  national,  or
 permanent  resident  of  the  United  States;  and  (C)  a graduate of a
 medical, dental or podiatric school located in New York state, a  gradu-
 ate  or  resident in a graduate medical education program, as defined in
 paragraph (i) of this subdivision, where the sponsoring institution,  as
 defined  in  paragraph  (q)  of this subdivision, is located in New York
 state, or resides in New York state at the time  the  clinical  research
 plan is submitted to the commissioner.
   (d) "Consortium" means an organization or association, approved by the
 commissioner  in  consultation  with  the  council, of general hospitals
 which provide graduate medical education, together with  any  affiliated
 site;  provided  that  such organization or association may also include
 other providers of health care  services,  medical  schools,  payors  or
 consumers,  and which meet other criteria pursuant to subdivision six of
 this section.

 S. 7507--A                         24                         A. 9507--A
 
   (e) "Council" means the New York state  council  on  graduate  medical
 education.
   (f)  "Direct  medical  education" means the direct costs of residents,
 interns and supervising physicians.
   (g) "Distribution period" means each calendar year set forth in subdi-
 vision two of this section.
   (h) "Faculty" means persons who are employed by or under contract  for
 employment with a teaching general hospital or are paid through a teach-
 ing  general  hospital's affiliated faculty practice plan and maintain a
 faculty appointment at a medical  school.  Such  persons  shall  not  be
 limited to persons with a degree in medicine.
   (i)  "Graduate  medical  education  program"  means[,  for purposes of
 subparagraph  (i)  of  paragraph  (b)  of  subdivision  five-a  of  this
 section,]  a  post-graduate  medical  education  residency in the United
 States which has received accreditation  from  a  nationally  recognized
 accreditation  body  or  has  been  approved  by a nationally recognized
 organization for medical, osteopathic,  podiatric  or  dental  residency
 programs including, but not limited to, specialty boards.
   (j)  "Indirect  medical  education" means the estimate of costs, other
 than direct costs, of educational activities in  teaching  hospitals  as
 determined in accordance with the methodology applicable for purposes of
 determining   an  estimate  of  indirect  medical  education  costs  for
 reimbursement for inpatient hospital service pursuant to title XVIII  of
 the federal social security act (medicare).
   (k)  "Medicare" means the methodology used for purposes of reimbursing
 inpatient hospital services provided to beneficiaries of title XVIII  of
 the federal social security act.
   (l)  "Primary  care"  residents specialties shall include family medi-
 cine, general pediatrics, primary care internal  medicine,  and  primary
 care obstetrics and gynecology. In determining whether a residency is in
 primary care, the commissioner shall consult with the council.
   (m) "Regions", for purposes of this section, shall mean the regions as
 defined  in paragraph (b) of subdivision sixteen of section twenty-eight
 hundred seven-c of this article as in effect on June thirtieth, nineteen
 hundred ninety-six. For purposes of distributions pursuant  to  subdivi-
 sion  five-a  of  this  section, except distributions made in accordance
 with paragraph (a) of subdivision  five-a  of  this  section,  "regions"
 shall be defined as New York city and the rest of the state.
   (n) "Regional pool" means a professional education pool established on
 a  regional  basis  by the commissioner from funds available pursuant to
 sections twenty-eight hundred seven-s and twenty-eight  hundred  seven-t
 of this article.
   (o)  "Resident" means a person in a graduate medical education program
 which has received accreditation from a nationally  recognized  accredi-
 tation  body or in a program approved by any other nationally recognized
 organization for  medical,  osteopathic  or  dental  residency  programs
 including, but not limited to, specialty boards.
   (p)  "Shortage  specialty" means a specialty determined by the commis-
 sioner, in consultation with the council, to be in short supply  in  the
 state of New York.
   (q)  "Sponsoring  institution"  means  the entity that has the overall
 responsibility for a program of graduate medical education. Such  insti-
 tutions  shall  include  teaching  general  hospitals,  medical schools,
 consortia and diagnostic and treatment centers.
   (r) "Weighted resident count"  means  a  teaching  general  hospital's
 total  number  of  residents  as of July first, nineteen hundred ninety-

 S. 7507--A                         25                         A. 9507--A
 
 five,  including  residents  in   affiliated   non-hospital   ambulatory
 settings,  reported  to  the  commissioner.  Such  resident counts shall
 reflect the weights established in accordance with rules and regulations
 adopted  by  the state hospital review and planning council and approved
 by the commissioner for purposes of implementing subdivision twenty-five
 of section twenty-eight hundred seven-c of this article and in effect on
 July first, nineteen hundred ninety-five.  Such  weights  shall  not  be
 applied  to  specialty  hospitals,  specified by the commissioner, whose
 primary care mission is to engage in  research,  training  and  clinical
 care  in  specialty  eye  and  ear,  special  surgery, orthopedic, joint
 disease, cancer, chronic care or rehabilitative services.
   (s) "Adjustment amount" means an amount determined for  each  teaching
 hospital for periods prior to January first, two thousand nine by:
   (i)  determining the difference between (A) a calculation of what each
 teaching general hospital would have been paid if payments made pursuant
 to paragraph (a-3) of subdivision one of  section  twenty-eight  hundred
 seven-c  of this article between January first, nineteen hundred ninety-
 six and December thirty-first, two thousand three were based  solely  on
 the  case  mix  of  persons  eligible  for  medical assistance under the
 medical assistance program pursuant to title eleven of article  five  of
 the social services law who are enrolled in health maintenance organiza-
 tions and persons paid for under the family health plus program enrolled
 in  approved organizations pursuant to title eleven-D of article five of
 the social services law during those years, and (B) the actual  payments
 to  each such hospital pursuant to paragraph (a-3) of subdivision one of
 section twenty-eight hundred seven-c of  this  article  between  January
 first,  nineteen hundred ninety-six and December thirty-first, two thou-
 sand three.
   (ii) reducing proportionally each of the amounts determined in subpar-
 agraph (i) of this paragraph so that the sum of all such amounts  totals
 no more than one hundred million dollars;
   (iii)  further reducing each of the amounts determined in subparagraph
 (ii) of this paragraph by the amount received  by  each  hospital  as  a
 distribution  from funds designated in paragraph (a) of subdivision five
 of this section attributable to the period January first,  two  thousand
 three  through December thirty-first, two thousand three, except that if
 such amount was  provided  to  a  consortium  then  the  amount  of  the
 reduction  for  each  hospital  in the consortium shall be determined by
 applying the proportion  of  each  hospital's  amount  determined  under
 subparagraph  (i)  of this paragraph to the total of such amounts of all
 hospitals in such consortium to the consortium award;
   (iv) further reducing each of the amounts determined  in  subparagraph
 (iii)  of  this  paragraph  by the amounts specified in paragraph (t) of
 this subdivision; and
   (v) dividing each of the amounts determined in subparagraph  (iii)  of
 this paragraph by seven.
   (t)  "Extra  reduction  amount"  shall mean an amount determined for a
 teaching hospital for which an adjustment amount is calculated  pursuant
 to  paragraph  (s)  of  this  subdivision that is the hospital's propor-
 tionate share of the sum of the amounts specified in  paragraph  (u)  of
 this  subdivision  determined  based upon a comparison of the hospital's
 remaining liability calculated pursuant to paragraph (s) of this  subdi-
 vision to the sum of all such hospital's remaining liabilities.
   (u)  "Allotment  amount"  shall mean an amount determined for teaching
 hospitals as follows:

 S. 7507--A                         26                         A. 9507--A
 
   (i) for a hospital for which an adjustment amount  pursuant  to  para-
 graph (s) of this subdivision does not apply, the amount received by the
 hospital  pursuant  to paragraph (a) of subdivision five of this section
 attributable to the period January first,  two  thousand  three  through
 December thirty-first, two thousand three, or
   (ii)  for  a hospital for which an adjustment amount pursuant to para-
 graph (s) of this subdivision applies and which received a  distribution
 pursuant  to paragraph (a) of subdivision five of this section attribut-
 able to the period January first, two thousand  three  through  December
 thirty-first,  two  thousand  three  that is greater than the hospital's
 adjustment amount, the difference between the  distribution  amount  and
 the adjustment amount.
   (f)  Effective January first, two thousand five through December thir-
 ty-first, two thousand  eight,  each  teaching  general  hospital  shall
 receive  a  distribution  from the applicable regional pool based on its
 distribution amount determined under paragraphs (c), (d) and (e) of this
 subdivision and reduced by its adjustment amount calculated pursuant  to
 paragraph  (s) of subdivision one of this section and, for distributions
 for the period January first, two thousand five through  December  thir-
 ty-first,  two  thousand  five,  further  reduced by its extra reduction
 amount calculated pursuant to paragraph (t) of subdivision one  of  this
 section.
   (a)  Up to thirty-one million dollars annually for the periods January
 first, two thousand through December thirty-first, two  thousand  three,
 and up to twenty-five million dollars plus the sum of the amounts speci-
 fied  in paragraph (n) of subdivision one of this section for the period
 January first, two thousand  five  through  December  thirty-first,  two
 thousand  five,  and  up  to thirty-one million dollars annually for the
 period January first, two thousand six  through  December  thirty-first,
 two  thousand seven, shall be set aside and reserved by the commissioner
 from the regional pools established pursuant to subdivision two of  this
 section for supplemental distributions in each such region to be made by
 the  commissioner to consortia and teaching general hospitals in accord-
 ance with a distribution methodology developed in consultation with  the
 council  and  specified  in rules and regulations adopted by the commis-
 sioner.
   (d) Notwithstanding any other provision of law or regulation, for  the
 period  January  first, two thousand five through December thirty-first,
 two thousand five, the commissioner  shall  distribute  as  supplemental
 payments  the allotment specified in paragraph (n) of subdivision one of
 this section.
   5-a. Graduate medical education  innovations  pool.  (a)  Supplemental
 distributions.  (i)  Thirty-one  million  dollars for the period January
 first, two thousand eight through December  thirty-first,  two  thousand
 eight,  shall  be  set  aside  and reserved by the commissioner from the
 regional pools established pursuant to subdivision two of  this  section
 and shall be available for distributions pursuant to subdivision five of
 this  section  and in accordance with section 86-1.89 of title 10 of the
 codes, rules and regulations of the state of New York as  in  effect  on
 January  first,  two  thousand eight; provided, however, for purposes of
 funding the empire clinical research investigation  program  (ECRIP)  in
 accordance  with paragraph eight of subdivision (e) and paragraph two of
 subdivision (f) of section 86-1.89 of title 10 of the codes,  rules  and
 regulations  of the state of New York, distributions shall be made using
 two regions defined as New York city and the rest of the state  and  the
 dollar amount set forth in subparagraph (i) of paragraph two of subdivi-

 S. 7507--A                         27                         A. 9507--A
 
 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,  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, AND UP TO EIGHT MILLION SIX HUNDRED TWELVE THOUSAND DOLLARS EACH
 STATE FISCAL YEAR FOR  THE  PERIOD  APRIL  FIRST,  TWO  THOUSAND  TWENTY
 THROUGH  MARCH  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-THREE, shall be set
 aside and reserved by the commissioner from the  regional  pools  estab-
 lished  pursuant  to  subdivision  two  of  this section to be allocated
 regionally with two-thirds of the available funding going  to  New  York
 city  and  one-third  of  the available funding going to the rest of the
 state and shall be available for distribution as follows:
   Distributions shall first be made to consortia  and  teaching  general
 hospitals  for the empire clinical research investigator program (ECRIP)
 to help secure federal funding for biomedical research,  train  clinical
 researchers,  recruit national leaders as faculty to act as mentors, and
 train residents and fellows  in  biomedical  research  skills  based  on
 hospital-specific  data  submitted  to the commissioner by consortia and
 teaching general hospitals in accordance with clause (G) of this subpar-
 agraph. Such distributions shall be made in accordance with the  follow-
 ing methodology:
   (A)  The  greatest  number  of clinical research positions for which a
 consortium or teaching general hospital may be funded pursuant  to  this
 subparagraph  shall  be  one  percent  of  the total number of residents
 training at the consortium or teaching general hospital on  July  first,
 two  thousand  eight  for  the  period  January first, two thousand nine
 through December thirty-first, two thousand nine rounded up to the near-
 est one position.
   (B) Distributions made to a consortium or  teaching  general  hospital
 shall  equal  the product of the total number of clinical research posi-
 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

 S. 7507--A                         28                         A. 9507--A
 
 paragraph,  including clinical research positions that continue from and
 were funded in prior distribution periods, the commissioner shall elimi-
 nate one-half of the  clinical  research  positions  submitted  by  each
 consortium  or teaching general hospital rounded down to the nearest one
 position. Such reduction shall be repeated until the dollar  amount  for
 the  total  number of clinical research positions in the region does not
 exceed the total amount appropriated for purposes of this paragraph.  If
 the  repeated  reduction  of the total number of clinical research posi-
 tions in the region by one-half does not render a total  funding  amount
 that  is equal to or less than the total amount reserved for that region
 within the appropriation, the funding for each clinical  research  posi-
 tion  in  that  region  shall  be reduced proportionally in one thousand
 dollar increments until the total dollar amount for the total number  of
 clinical  research  positions  in  that region does not exceed the total
 amount reserved for that region within the appropriation. Any  reduction
 in  funding will be effective for the duration of the award. No clinical
 research positions that continue from and were funded in prior  distrib-
 ution periods shall be eliminated or reduced by such methodology.
   (D)  Each  consortium  or  teaching general hospital shall receive its
 annual distribution amount in accordance with the following:
   (I) Each consortium or teaching general hospital with a one-year ECRIP
 award  shall  receive  its  annual  distribution  amount  in  full  upon
 completion of the requirements set forth in items (I) and (II) of clause
 (G)  of  this subparagraph. The requirements set forth in items (IV) and
 (V) of clause (G) of this subparagraph must be completed by the  consor-
 tium  or teaching general hospital in order for the consortium or teach-
 ing general hospital to be eligible to apply for ECRIP  funding  in  any
 subsequent funding cycle.
   (II)  Each  consortium  or  teaching  general hospital with a two-year
 ECRIP award shall receive its first annual distribution amount  in  full
 upon  completion  of the requirements set forth in items (I) and (II) of
 clause (G) of this subparagraph. Each  consortium  or  teaching  general
 hospital will receive its second annual distribution amount in full upon
 completion  of the requirements set forth in item (III) of clause (G) of
 this subparagraph. The requirements set forth in items (IV) and  (V)  of
 clause  (G)  of this subparagraph must be completed by the consortium or
 teaching general hospital in order for the consortium or teaching gener-
 al hospital to be eligible to apply for ECRIP funding in any  subsequent
 funding cycle.
   (E)  Each  consortium  or teaching general hospital receiving distrib-
 utions pursuant to this subparagraph shall reserve seventy-five thousand
 dollars to primarily fund salary and fringe  benefits  of  the  clinical
 research  position  with  the remainder going to fund the development of
 faculty who are involved in biomedical research, training  and  clinical
 care.
   (F)  Undistributed  or  returned  funds  available  to  fund  clinical
 research positions pursuant to this paragraph for a distribution  period
 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

 S. 7507--A                         29                         A. 9507--A
 
 shall be maintained by each consortium and teaching general hospital for
 five years from the date of submission:
   (I)  For  each  clinical  research  position, information on the type,
 scope, training objectives,  institutional  support,  clinical  research
 experience of the sponsor-mentor, plans for submitting research outcomes
 to  peer reviewed journals and at scientific meetings, including a meet-
 ing sponsored by the department, the name of a principal contact  person
 responsible for tracking the career development of researchers placed in
 clinical  research positions, as defined in paragraph (c) of subdivision
 one of this section, and who is authorized to certify to the commission-
 er that all the requirements of the clinical  research  training  objec-
 tives  set  forth  in this subparagraph shall be met. Such certification
 shall be provided by July first of each distribution period;
   (II) For each clinical research position,  information  on  the  name,
 citizenship  status, medical education and training, and medical license
 number of the researcher, if applicable, shall be provided  by  December
 thirty-first of the calendar year following the distribution period;
   (III)  Information on the status of the clinical research plan, accom-
 plishments, changes in research activities, progress, and performance of
 the researcher shall be provided upon  completion  of  one-half  of  the
 award term;
   (IV)  A  final report detailing training experiences, accomplishments,
 activities and performance of the clinical researcher, and  data,  meth-
 ods,  results  and  analyses  of  the  clinical  research  plan shall be
 provided three months after the clinical research position ends; and
   (V) Tracking information concerning past  researchers,  including  but
 not  limited  to (A) background information, (B) employment history, (C)
 research status, (D) current research activities, (E)  publications  and
 presentations,  (F)  research  support,  and  (G)  any other information
 necessary to track the researcher; and
   (VI) Any other data or information required  by  the  commissioner  to
 implement this subparagraph.
   (H)  Notwithstanding  any  inconsistent provision of this subdivision,
 for periods on and after April first, two thousand thirteen, ECRIP grant
 awards shall be made in accordance with rules and regulations promulgat-
 ed by the commissioner. Such regulations shall, at a minimum:
   (1) provide that ECRIP grant awards shall be made with  the  objective
 of  securing  federal funding for biomedical research, training clinical
 researchers, recruiting national leaders as faculty to act  as  mentors,
 and training residents and fellows in biomedical research skills;
   (2)  provide that ECRIP grant applicants may include interdisciplinary
 research teams comprised of teaching general hospitals acting in collab-
 oration with entities including but  not  limited  to  medical  centers,
 hospitals, universities and local health departments;
   (3) provide that applications for ECRIP grant awards shall be based on
 such  information requested by the commissioner, which shall include but
 not be limited to hospital-specific data;
   (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

 S. 7507--A                         30                         A. 9507--A

 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, 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 thou-
 sand dollars each 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  estab-
 lished  pursuant  to subdivision two of this section and shall be avail-
 able 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)]  (C)  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,  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  thirty-
 first,  two  thousand  twenty,  AND UP TO ONE MILLION SEVEN HUNDRED FIVE
 THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST,  TWO
 THOUSAND  TWENTY  THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE,
 shall be set aside and reserved by the commissioner  from  the  regional
 pools  established pursuant to subdivision two of this section and shall
 be available for purposes of physician loan repayment in accordance with
 subdivision ten of this section. Notwithstanding any contrary  provision
 of this section, sections one hundred twelve and one hundred sixty-three
 of  the  state finance law, or any other contrary provision of law, such
 funding shall be allocated regionally with one-third of available  funds
 going  to  New  York city and two-thirds of available funds going to the
 rest of the state and shall be distributed in a manner to be  determined
 by  the  commissioner  without a competitive bid or request for proposal
 process as follows:
   (i) Funding shall first be awarded to repay loans of up to twenty-five
 physicians who train in primary care or  specialty  tracks  in  teaching

 S. 7507--A                         31                         A. 9507--A
 
 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)] (D) Physician practice support. Four million nine hundred  thou-
 sand  dollars  for  the period January first, two thousand eight through
 December 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  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,  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, AND UP TO FOUR MILLION THREE HUNDRED
 SIXTY THOUSAND DOLLARS FOR EACH FISCAL YEAR FOR THE PERIOD APRIL  FIRST,
 TWO  THOUSAND  TWENTY  THROUGH  MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-
 THREE, 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  practice  support.
 Notwithstanding  any  contrary  provision  of this section, sections one
 hundred twelve and one hundred sixty-three of the state finance law,  or
 any  other  contrary  provision  of law, such funding shall be allocated
 regionally with one-third of available funds going to New York city  and
 two-thirds  of  available funds going to the rest of the state and shall
 be distributed in a manner to be determined by the commissioner  without
 a competitive bid or request for proposal process as follows:
   (i)  Preference in funding shall first be accorded to teaching general
 hospitals for up to twenty-five awards, to  support  costs  incurred  by
 physicians  trained in primary or specialty tracks who thereafter estab-

 S. 7507--A                         32                         A. 9507--A

 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)]  (E)  Work group. For funding available pursuant to paragraphs
 (C) AND (d) (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, 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 thou-
 sand seventeen, [and] up to four hundred eighty-seven  thousand  dollars
 for  each  state  fiscal  year  for the period April first, two thousand
 seventeen through March thirty-first, two thousand  twenty,  AND  UP  TO
 FOUR  HUNDRED  EIGHTY-SEVEN  THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR
 THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH  THIRTY-FIRST,
 TWO  THOUSAND  TWENTY-THREE,  shall  be  set  aside  and reserved by the
 commissioner from the regional pools established pursuant to subdivision
 two of this section and shall be available to fund a study of  physician
 workforce needs and solutions including, but not limited to, an analysis
 of  residency  programs  and projected physician workforce and community
 needs. The commissioner shall enter into agreements  with  one  or  more
 organizations  to  conduct  such  study  based on a request for proposal
 process.
   (g) Diversity in medicine/post-baccalaureate program.  Notwithstanding
 any  inconsistent provision of section one hundred twelve or one hundred
 sixty-three of the state finance law or any other law, one million  nine
 hundred  sixty  thousand  dollars annually for the period January first,
 two thousand eight through December thirty-first, two thousand ten, four
 hundred ninety thousand dollars for the period January first, two  thou-
 sand eleven through March thirty-first, two thousand eleven, one million
 seven  hundred  thousand  dollars  each state fiscal year for the period
 April first, two thousand eleven through March thirty-first,  two  thou-

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 sand  fourteen, 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, 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, AND UP TO ONE MILLION SIX HUNDRED FIVE THOUSAND DOLLARS
 EACH  STATE  FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY
 THROUGH MARCH THIRTY-FIRST, TWO  THOUSAND  TWENTY-THREE,  shall  be  set
 aside  and  reserved  by the commissioner from the regional pools estab-
 lished pursuant to subdivision two of this section and shall  be  avail-
 able  for distributions to the Associated Medical Schools of New York to
 fund its diversity program including existing and new post-baccalaureate
 programs  for  minority  and  economically  disadvantaged  students  and
 encourage  participation from all medical schools in New York. The asso-
 ciated 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.
   12. Notwithstanding any provision of law to the contrary, applications
 submitted on or after April first, two thousand sixteen, for the  physi-
 cian  loan repayment program pursuant to paragraph [(d)] (C) of subdivi-
 sion five-a of this section and subdivision ten of this section  or  the
 physician  practice  support  program pursuant to paragraph [(e)] (d) of
 subdivision five-a of this section, shall be subject  to  the  following
 changes:
   (a)  Awards  shall  be  made  from the total funding available for new
 awards under the physician loan  repayment  program  and  the  physician
 practice  support  program,  with  neither program limited to a specific
 funding amount within such total funding available;
   (b) An applicant may apply for an  award  for  either  physician  loan
 repayment or physician practice support, but not both;
   (c)  An applicant shall agree to practice for three years in an under-
 served area and each award shall provide up to  forty  thousand  dollars
 for each of the three years; and
   (d)  To the extent practicable, awards shall be timed to be of use for
 job offers made to applicants.
   § 7. Subdivision 7 of section 2807-m  of  the  public  health  law  is
 REPEALED.
   §  8.  Subparagraph (xvi) of paragraph (a) of subdivision 7 of section
 2807-s of the public health law, as amended by section 30 of part  H  of
 chapter 59 of the laws of 2011, is amended to read as follows:
   (xvi)  provided further, however, for periods prior to July first, two
 thousand nine, amounts set forth in this paragraph shall be  reduced  by
 an amount equal to the actual distribution reductions for all facilities
 pursuant  to  paragraph  (s)  of subdivision one of section twenty-eight
 hundred seven-m of this article.
   § 9. Subdivision (c) of section 92-dd of the  state  finance  law,  as
 amended  by section 75-f of part C of chapter 58 of the laws of 2008, is
 amended to read as follows:
   (c) The pool administrator shall, from appropriated funds  transferred
 to  the  pool  administrator  from  the  comptroller,  continue  to make
 payments as required pursuant to sections twenty-eight hundred  seven-k,

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 twenty-eight  hundred  seven-m  (not including payments made pursuant to
 [subparagraph (ii) of paragraph (b) and] paragraphs (c), (d), [(e)], (f)
 and (g) of subdivision five-a [and subdivision seven] of  section  twen-
 ty-eight  hundred  seven-m),  and  twenty-eight  hundred  seven-w of the
 public health law, paragraph (e) of subdivision twenty-five  of  section
 twenty-eight  hundred  seven-c  of the public health law, paragraphs (b)
 and (c) of subdivision thirty of section twenty-eight hundred seven-c of
 the public health law, paragraph (b) of subdivision eighteen of  section
 twenty-eight  hundred  eight of the public health law, subdivision seven
 of section twenty-five hundred-d of the public health  law  and  section
 eighty-eight of chapter one of the laws of nineteen hundred ninety-nine.
   §  10.  Subdivision 4-c of section 2807-p of the public health law, as
 amended by section 13 of part H of chapter 57 of the laws  of  2017,  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
 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,  FOR  THE  PERIOD
 JANUARY  FIRST,  TWO  THOUSAND TWENTY THROUGH DECEMBER THIRTY-FIRST, TWO
 THOUSAND TWENTY, SEVEN MILLION FIVE HUNDRED THOUSAND  DOLLARS,  FOR  THE
 PERIOD  JANUARY  FIRST, TWO THOUSAND TWENTY-ONE THROUGH DECEMBER THIRTY-
 FIRST, TWO THOUSAND TWENTY-ONE,  SEVEN  MILLION  FIVE  HUNDRED  THOUSAND
 DOLLARS,  FOR  THE PERIOD JANUARY FIRST, TWO THOUSAND TWENTY-TWO THROUGH
 DECEMBER THIRTY-FIRST,  TWO  THOUSAND  TWENTY-TWO,  SEVEN  MILLION  FIVE
 HUNDRED THOUSAND DOLLARS, and for the period January first, two thousand
 [twenty]  TWENTY-THREE through March thirty-first, two thousand [twenty]

 S. 7507--A                         35                         A. 9507--A
 
 TWENTY-THREE, 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 volun-
 tary, non-profit diagnostic and treatment centers and to public diagnos-
 tic  and  treatment centers in accordance with paragraph (g) of subdivi-
 sion  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 adjust-
 ments to rates of payment for voluntary non-profit diagnostic and treat-
 ment 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.
   §  11.  Subparagraph (xv) of paragraph (a) of subdivision 6 of section
 2807-s of the public health law, as amended by section 3 of  part  H  of
 chapter 57 of the laws of 2017, 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 [twenty]
 TWENTY-THREE, shall be one billion forty-five million dollars.
   § 12. Subparagraph (xiii) of paragraph (a) of subdivision 7 of section
 2807-s of the public health law, as amended by section 4 of  part  H  of
 chapter 57 of the laws of 2017, 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 [twenty] TWENTY-THREE;
   §  13.  Subdivision  6  of section 2807-t of the public health law, as
 amended by section 8 of part H of chapter 57 of the  laws  of  2017,  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
 [twenty]  TWENTY-THREE, for amounts collected in the aggregate in excess

 S. 7507--A                         36                         A. 9507--A
 
 of one billion forty-five million dollars on an annual  basis,  prospec-
 tive  adjustments shall be suspended if the annual reconciliation calcu-
 lation 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  determination  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 aggre-
 gate 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 subdivision.
   §  14.  Section 2807-v of the public health law, as amended by section
 22 of part H of chapter 57 of the laws of 2017, is amended  to  read  as
 follows:
   § 2807-v. Tobacco  control  and  insurance  initiatives  pool distrib-
 utions.   1. Funds accumulated in  the  tobacco  control  and  insurance
 initiatives  pool or in the health care reform act (HCRA) resources fund
 established pursuant to section ninety-two-dd of the state finance  law,
 whichever  is applicable, including income from invested funds, shall be
 distributed or retained by the commissioner or by the state comptroller,
 as applicable, in accordance with the following:
   (a) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  -  other, HCRA transfer fund, medicaid fraud hotline and
 medicaid administration account, or any successor fund or  account,  for
 purposes  of  services  and  expenses  related to the toll-free medicaid
 fraud hotline established pursuant to section one hundred eight of chap-
 ter one of the laws of nineteen hundred  ninety-nine  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods in the following amounts: four hundred thousand dollars annually
 for the periods January first, two  thousand  through  December  thirty-
 first,  two  thousand  two,  up to four hundred thousand dollars for the
 period January first, two thousand three through December  thirty-first,
 two  thousand  three, up to four hundred thousand dollars for the period
 January first, two thousand  four  through  December  thirty-first,  two
 thousand  four, up to four hundred thousand dollars for the period Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five, up to four hundred thousand dollars for the period January  first,
 two  thousand six through December thirty-first, two thousand six, up to
 four hundred thousand dollars for the period January first, two thousand
 seven through December thirty-first, two  thousand  seven,  up  to  four
 hundred  thousand  dollars  for  the  period January first, two thousand
 eight through December thirty-first, two  thousand  eight,  up  to  four
 hundred thousand dollars for the period January first, two thousand nine
 through  December  thirty-first,  two  thousand nine, up to four hundred
 thousand dollars for the period January first, two thousand ten  through
 December  thirty-first,  two  thousand  ten,  up to one hundred thousand
 dollars for the period January first, two thousand eleven through  March
 thirty-first, two thousand eleven and within amounts appropriated on and
 after April first, two thousand eleven.
   (b)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes

 S. 7507--A                         37                         A. 9507--A
 
 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] 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  thou-
 sand  dollars  for  the period January first, two thousand seven through
 December thirty-first, two thousand seven, and up to eight million three
 hundred twenty-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 thou-
 sand ten, up to two million one hundred twenty-five thousand dollars for
 the  period  January  first,  two  thousand eleven through March thirty-
 first, two thousand eleven, up to fourteen million seven  hundred  thou-
 sand  dollars  each  state  fiscal  year for the period April first, two
 thousand eleven through March thirty-first, two thousand fourteen, 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,  AND
 UP TO ELEVEN MILLION ONE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR
 FOR  THE  PERIOD  APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIRTY-
 FIRST, TWO THOUSAND TWENTY-THREE.
   (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:

 S. 7507--A                         38                         A. 9507--A
 
   (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;
   (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)

 S. 7507--A                         39                         A. 9507--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
   (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

 S. 7507--A                         40                         A. 9507--A
 
 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;
   (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

 S. 7507--A                         41                         A. 9507--A
 
 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;
   (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;

 S. 7507--A                         42                         A. 9507--A
 
   (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
 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

 S. 7507--A                         43                         A. 9507--A
 
 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;
   (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; AND
   (XVI)  UP TO SIX MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
 APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIRTY-FIRST,  TWO  THOU-
 SAND TWENTY-THREE.
   (k)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue fund - other, HCRA transfer fund, health care services  account,
 or  any successor fund or account, for purposes of services and expenses
 related to public health programs, including comprehensive care  centers
 for eating disorders pursuant to the former section twenty-seven hundred
 ninety-nine-l  of this chapter, provided however that, for such centers,
 funds in the amount of five hundred thousand dollars  on  an  annualized
 basis shall be transferred from the health care services account, or any
 successor  fund  or  account, and deposited into the fund established by
 section ninety-five-e of the state finance  law  for  periods  prior  to
 March  thirty-first,  two  thousand eleven, from the tobacco control and
 insurance initiatives pool established for the following periods in  the
 following amounts:
   (i) up to thirty-one million dollars for the period January first, two
 thousand through December thirty-first, two thousand;
   (ii) up to forty-one million dollars for the period January first, two
 thousand one through December thirty-first, two thousand one;
   (iii)  up  to eighty-one million dollars for the period January first,
 two thousand two through December thirty-first, two thousand two;
   (iv) one hundred twenty-two million five hundred thousand dollars  for
 the  period  January  first, two thousand three through December thirty-
 first, two thousand three;
   (v) one hundred  eight  million  five  hundred  seventy-five  thousand
 dollars, plus an additional five hundred thousand dollars, for the peri-
 od  January  first, two thousand four through December thirty-first, two
 thousand four;

 S. 7507--A                         44                         A. 9507--A
 
   (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.
   (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;

 S. 7507--A                         45                         A. 9507--A

   (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;
   (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:

 S. 7507--A                         46                         A. 9507--A

   (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;
   (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;
   (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; AND
   (XVIII) ONE HUNDRED TWENTY-SEVEN MILLION FOUR HUNDRED SIXTEEN THOUSAND
 DOLLARS  EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
 TWENTY THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE.
   (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:

 S. 7507--A                         47                         A. 9507--A
 
   (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;
   (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; AND
   (XVI) UP TO NINETY-SIX MILLION SIX HUNDRED THOUSAND DOLLARS EACH STATE
 FISCAL  YEAR  FOR  THE  PERIOD  APRIL FIRST, TWO THOUSAND TWENTY THROUGH
 MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE.
   (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;

 S. 7507--A                         48                         A. 9507--A
 
   (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;
   (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;
   (xii)  up  to  five  million  two hundred [eighty-eighty] EIGHTY-EIGHT
 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; AND

 S. 7507--A                         49                         A. 9507--A
 
   (XIV) UP TO FIVE MILLION TWO  HUNDRED  EIGHTY-EIGHT  THOUSAND  DOLLARS
 EACH  STATE  FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY
 THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE.
   (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
   (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;

 S. 7507--A                         50                         A. 9507--A
 
   (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
 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

 S. 7507--A                         51                         A. 9507--A
 
   (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;
   (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;
   (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; AND
   (XIV) UP TO ONE HUNDRED TWENTY-SEVEN  MILLION  FOUR  HUNDRED  THOUSAND
 DOLLARS  EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
 TWENTY THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE.

 S. 7507--A                         52                         A. 9507--A
 
   (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)]  (D) 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;
   (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]
   (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; AND
   (XIV) UP TO TWO MILLION ONE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL
 YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIR-
 TY-FIRST, TWO THOUSAND TWENTY-THREE.
   (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

 S. 7507--A                         53                         A. 9507--A
 
 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;
   (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

 S. 7507--A                         54                         A. 9507--A
 
   (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.
   (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:

 S. 7507--A                         55                         A. 9507--A
 
   (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;
   (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;

 S. 7507--A                         56                         A. 9507--A
 
   (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;
   (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; AND
   (N) UP TO ONE HUNDRED THIRTY-SIX MILLION  DOLLARS  EACH  STATE  FISCAL
 YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIR-
 TY-FIRST, TWO THOUSAND TWENTY-THREE.
   (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;
   (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;
   (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]

 S. 7507--A                         57                         A. 9507--A
 
   (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; AND
   (N)  FOR  EACH  STATE  FISCAL  YEAR WITHIN THE PERIOD APRIL FIRST, TWO
 THOUSAND TWENTY THROUGH MARCH THIRTY-FIRST, TWO  THOUSAND  TWENTY-THREE,
 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;
   (vii) eleven million two hundred thousand dollars for the period Janu-
 ary first, two thousand eight through December thirty-first,  two  thou-
 sand eight;

 S. 7507--A                         58                         A. 9507--A
 
   (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;
   (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; AND
   (XIV)  UP  TO  ELEVEN  MILLION TWO HUNDRED THOUSAND DOLLARS EACH STATE
 FISCAL YEAR FOR THE PERIOD APRIL  FIRST,  TWO  THOUSAND  TWENTY  THROUGH
 MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE.
   (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. 7507--A                         59                         A. 9507--A

   (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. 7507--A                         60                         A. 9507--A

   (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;
   (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; AND
   (XIV)  FIFTEEN  MILLION  DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
 APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIRTY-FIRST,  TWO  THOU-
 SAND TWENTY-THREE.
   (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;

 S. 7507--A                         61                         A. 9507--A

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

 S. 7507--A                         62                         A. 9507--A
 
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for the purpose of supporting the
 state share of Medicaid expenditures for disabled persons as  authorized
 by sections 1619 (a) and (b) of the federal social security act pursuant
 to  the  tobacco  control and insurance initiatives pool established for
 the following periods in the following amounts:
   (i) six million four hundred thousand dollars  for  the  period  April
 first, two thousand two through December thirty-first, two thousand two;
   (ii) eight million five hundred thousand dollars, for the period Janu-
 ary  first,  two thousand three through December thirty-first, two thou-
 sand three;
   (iii) eight million five hundred thousand dollars for the period Janu-
 ary first, two thousand four through December thirty-first, two thousand
 four;
   (iv) eight million five hundred thousand dollars for the period  Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five;
   (v) eight million five hundred thousand dollars for the period January
 first, two thousand six through December thirty-first, two thousand six;
   (vi) eight million six hundred thousand dollars for the period January
 first,  two  thousand  seven through December thirty-first, two thousand
 seven;
   (vii) eight million five hundred thousand dollars for the period Janu-
 ary first, two thousand eight through December thirty-first,  two  thou-
 sand eight;
   (viii)  eight  million  five  hundred  thousand dollars for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand nine;
   (ix)  eight million five hundred thousand dollars for the period Janu-
 ary first, two thousand ten through December thirty-first, two  thousand
 ten;
   (x) two million one hundred twenty-five thousand dollars for the peri-
 od  January  first,  two thousand eleven through March thirty-first, two
 thousand eleven;
   (xi) eight million five hundred thousand  dollars  each  state  fiscal
 year for the period April first, two thousand eleven through March thir-
 ty-first, two thousand fourteen;
   (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; AND
   (XIV)  EIGHT  MILLION  FIVE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL
 YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIR-
 TY-FIRST, TWO THOUSAND TWENTY-THREE.
   (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

 S. 7507--A                         63                         A. 9507--A
 
 amount of five million dollars, for the period April first, two thousand
 eight  through  March  thirty-first,  two thousand nine in the amount of
 five million dollars, and for the period April first, two thousand  nine
 through  March  thirty-first,  two  thousand  ten  in the amount of five
 million dollars, for the period April first, two  thousand  ten  through
 March thirty-first, two thousand eleven in the amount of two million two
 hundred  thousand  dollars, and for the period April first, two thousand
 eleven through March thirty-first, two thousand twelve up to one million
 one hundred thousand dollars.
   (kk) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds -- other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share  of  Medical  Assistance  Program  expenditures  from  the tobacco
 control and insurance initiatives pool  established  for  the  following
 periods in the following amounts:
   (i) thirty-eight million eight hundred thousand dollars for the period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (ii)  up  to  two  hundred  ninety-five million dollars for the period
 January first, two thousand three  through  December  thirty-first,  two
 thousand three;
   (iii)  up  to  four hundred seventy-two million dollars for the period
 January first, two thousand  four  through  December  thirty-first,  two
 thousand four;
   (iv)  up to nine hundred million dollars for the period January first,
 two thousand five through December thirty-first, two thousand five;
   (v) up to eight  hundred  sixty-six  million  three  hundred  thousand
 dollars  for the period January first, two thousand six through December
 thirty-first, two thousand six;
   (vi) up to six hundred sixteen million seven hundred thousand  dollars
 for  the period January first, two thousand seven through December thir-
 ty-first, two thousand seven;
   (vii) up to five hundred seventy-eight million  nine  hundred  twenty-
 five  thousand  dollars for the period January first, two thousand eight
 through December thirty-first, two thousand eight; and
   (viii) within amounts appropriated on and  after  January  first,  two
 thousand nine.
   (ll)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds -- other, HCRA transfer fund, medical assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of Medicaid expenditures related to the city of New York from  the
 tobacco  control  and  insurance  initiatives  pool  established for the
 following periods in the following amounts:
   (i) eighty-two million seven hundred thousand dollars for  the  period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (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;

 S. 7507--A                         64                         A. 9507--A
 
   (iv)  one  hundred  twenty-four million seven hundred thousand dollars
 for the period January first, two thousand five through  December  thir-
 ty-first, two thousand five;
   (v) one hundred twenty-four million seven hundred thousand dollars for
 the  period  January  first,  two  thousand six through December thirty-
 first, two thousand six;
   (vi) one hundred twenty-four million seven  hundred  thousand  dollars
 for  the period January first, two thousand seven through December thir-
 ty-first, two thousand seven;
   (vii) one hundred twenty-four million seven hundred  thousand  dollars
 for  the period January first, two thousand eight through December thir-
 ty-first, two thousand eight;
   (viii) one hundred twenty-four million seven hundred thousand  dollars
 for  the  period January first, two thousand nine through December thir-
 ty-first, two thousand nine;
   (ix) one hundred twenty-four million seven  hundred  thousand  dollars
 for  the period January first, two thousand ten through December thirty-
 first, two thousand ten;
   (x) thirty-one million one hundred seventy-five thousand  dollars  for
 the  period  January  first,  two  thousand eleven through March thirty-
 first, two thousand eleven; and
   (xi) one hundred twenty-four million seven  hundred  thousand  dollars
 each  state  fiscal year for the period April first, two thousand eleven
 through March thirty-first, two thousand fourteen.
   (mm) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account,  for  purposes  of  funding  specified
 percentages  of  the state share of services and expenses related to the
 family health plus program in accordance with the following schedule:
   (i) (A) for the period  January  first,  two  thousand  three  through
 December  thirty-first,  two  thousand  four, one hundred percent of the
 state share;
   (B) for the period January first, two thousand five  through  December
 thirty-first,  two  thousand  five,  seventy-five  percent  of the state
 share; and
   (C) for periods beginning on and after  January  first,  two  thousand
 six, fifty percent of the state share.
   (ii)  Funding  for  the  family health plus program will include up to
 five million dollars annually for the period January first, two thousand
 three through December  thirty-first,  two  thousand  six,  up  to  five
 million dollars for the period January first, two thousand seven through
 December  thirty-first,  two  thousand  seven,  up  to seven million two
 hundred thousand dollars for the  period  January  first,  two  thousand
 eight  through  December  thirty-first,  two thousand eight, up to seven
 million two hundred thousand dollars for the period January  first,  two
 thousand  nine  through  December thirty-first, two thousand nine, up to
 seven million two hundred thousand dollars for the period January first,
 two thousand ten through December thirty-first, two thousand ten, up  to
 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-

 S. 7507--A                         65                         A. 9507--A
 
 sand thirteen, and up to six million  four  hundred  sixty-one  thousand
 dollars  for the period April first, two thousand thirteen through March
 thirty-first, two thousand fourteen, for  administration  and  marketing
 costs  associated  with such program established pursuant to clauses (A)
 and (B) of subparagraph (v) of  paragraph  (a)  of  subdivision  two  of
 section  three hundred sixty-nine-ee of the social services law from the
 tobacco control and  insurance  initiatives  pool  established  for  the
 following periods in the following amounts:
   (A)  one  hundred  ninety million six hundred thousand dollars for the
 period January first, two thousand three through December  thirty-first,
 two thousand three;
   (B)  three hundred seventy-four million dollars for the period January
 first, two thousand four through  December  thirty-first,  two  thousand
 four;
   (C)  five  hundred  thirty-eight million four hundred thousand dollars
 for the period January first, two thousand five through  December  thir-
 ty-first, two thousand five;
   (D) three hundred eighteen million seven hundred seventy-five thousand
 dollars  for the period January first, two thousand six through December
 thirty-first, two thousand six;
   (E) four hundred eighty-two million eight hundred thousand dollars for
 the period January first, two thousand seven  through  December  thirty-
 first, two thousand seven;
   (F)  five hundred seventy million twenty-five thousand dollars for the
 period January first, two thousand eight through December  thirty-first,
 two thousand eight;
   (G) six hundred ten million seven hundred twenty-five thousand dollars
 for  the  period January first, two thousand nine through December thir-
 ty-first, two thousand nine;
   (H) six hundred twenty-seven million two hundred seventy-five thousand
 dollars for the period January first, two thousand ten through  December
 thirty-first, two thousand ten;
   (I)  one  hundred fifty-seven million eight hundred seventy-five thou-
 sand dollars for the period January first, two thousand  eleven  through
 March thirty-first, two thousand eleven;
   (J) six hundred twenty-eight million four hundred thousand dollars for
 the  period April first, two thousand eleven through March thirty-first,
 two thousand twelve;
   (K) six hundred fifty million four hundred thousand  dollars  for  the
 period  April first, two thousand twelve through March thirty-first, two
 thousand thirteen;
   (L) six hundred fifty million four hundred thousand  dollars  for  the
 period  April  first,  two thousand thirteen through March thirty-first,
 two thousand fourteen; and
   (M) up to three hundred ten million five hundred ninety-five  thousand
 dollars  for the period April first, two thousand fourteen through March
 thirty-first, two thousand fifteen.
   (nn) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 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:

 S. 7507--A                         66                         A. 9507--A
 
   (i) up to four million dollars for the period January first, two thou-
 sand three through December thirty-first, two thousand three;
   (ii) up to six million dollars for the period January first, two thou-
 sand four through December thirty-first, two thousand four;
   (iii)  up  to  eight million dollars for the period January first, two
 thousand  five  through  December  thirty-first,  two   thousand   five,
 provided,  however,  that  up to five million two hundred fifty thousand
 dollars of such funds shall be received by the comptroller and deposited
 to the credit of the special revenue fund - other / aid  to  localities,
 HCRA  transfer  fund - 061, enhanced community services account - 05, or
 any successor fund or account, for the purposes set forth in this  para-
 graph;
   (iv)  up  to  eight  million dollars for the period January first, two
 thousand six through December thirty-first, two thousand six,  provided,
 however,  that  up to five million two hundred fifty thousand dollars of
 such funds shall be received by the comptroller  and  deposited  to  the
 credit  of  the  special  revenue fund - other / aid to localities, HCRA
 transfer fund - 061, enhanced community services account -  05,  or  any
 successor fund or account, for the purposes set forth in this paragraph;
   (v)  up  to  eight  million  dollars for the period January first, two
 thousand  seven  through  December  thirty-first,  two  thousand  seven,
 provided,  however,  that  up to five million two hundred fifty thousand
 dollars of such funds shall be received by the comptroller and deposited
 to the credit of the special revenue fund - other / aid  to  localities,
 HCRA  transfer  fund - 061, enhanced community services account - 05, or
 any successor fund or account, for the purposes set forth in this  para-
 graph;
   (vi)  up  to  two million seven hundred fifty thousand dollars for the
 period January first, two thousand eight through December  thirty-first,
 two thousand eight;
   (vii)  up  to two million seven hundred fifty thousand dollars for the
 period January first, two thousand nine through  December  thirty-first,
 two thousand nine;
   (viii)  up to two million seven hundred fifty thousand dollars for the
 period January first, two thousand ten  through  December  thirty-first,
 two thousand ten; and
   (ix)  up  to  six hundred eighty-eight thousand dollars for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven.
   (oo) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of grants to non-public general hospitals pursuant to paragraph  (e)  of
 subdivision  twenty-five of section twenty-eight hundred seven-c of this
 article from the tobacco control and insurance initiatives  pool  estab-
 lished for the following periods in the following amounts:
   (i)  up  to five million dollars on an annualized basis for the period
 January first, two thousand  four  through  December  thirty-first,  two
 thousand four;
   (ii)  up  to  five  million  dollars for the period January first, two
 thousand five through December thirty-first, two thousand five;
   (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;

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   (vi) up to five million dollars for  the  period  January  first,  two
 thousand nine through December thirty-first, two thousand nine;
   (vii)  up  to  five  million dollars for the period January first, two
 thousand ten through December thirty-first, two thousand ten; and
   (viii) up to one million two hundred fifty thousand  dollars  for  the
 period  January  first,  two thousand eleven through March thirty-first,
 two thousand eleven.
   (pp) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available,  including  income  from  invested  funds, for the
 purpose of supporting the provision of tax credits for  long  term  care
 insurance  pursuant  to subdivision one of section one hundred ninety of
 the tax law, paragraph (a) of subdivision  [twenty-five-a]  FOURTEEN  of
 section  two hundred [ten] TEN-B 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

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 long term care insurance resource centers with the  necessary  resources
 to carry out their operations;
   (iii)  up  to  five  million dollars for the period January first, two
 thousand six through December thirty-first, two thousand  six;  of  such
 funds  one  million  nine  hundred  fifty thousand dollars shall be made
 available to the department for the purpose of developing,  implementing
 and  administering  the  long-term care insurance education and outreach
 program and three million fifty thousand dollars shall be made available
 to the office for the aging for the purpose of providing the  long  term
 care  insurance  resource  centers with the necessary resources to carry
 out their operations;
   (iv) up to five million dollars for  the  period  January  first,  two
 thousand  seven  through  December  thirty-first, two thousand seven; of
 such funds one million nine hundred fifty thousand dollars shall be made
 available to the department for the purpose of developing,  implementing
 and  administering  the  long-term care insurance education and outreach
 program and three million fifty thousand dollars shall be made available
 to the office for the aging for the purpose of providing the  long  term
 care  insurance  resource  centers with the necessary resources to carry
 out their operations;
   (v) up to five million dollars for the period January first, two thou-
 sand eight through December thirty-first, two thousand  eight;  of  such
 funds  one  million  nine  hundred  fifty thousand dollars shall be made
 available to the department for the purpose of developing,  implementing
 and  administering  the  long term care insurance education and outreach
 program and three million fifty thousand dollars shall be made available
 to the office for the aging for the purpose of providing the  long  term
 care  insurance  resource  centers with the necessary resources to carry
 out their operations;
   (vi) up to five million dollars for  the  period  January  first,  two
 thousand  nine through December thirty-first, two thousand nine; of such
 funds one million nine hundred fifty  thousand  dollars  shall  be  made
 available  to the department for the purpose of developing, implementing
 and administering the long-term care insurance  education  and  outreach
 program and three million fifty thousand dollars shall be made available
 to  the  office for the aging for the purpose of providing the long-term
 care insurance resource centers with the necessary  resources  to  carry
 out their operations;
   (vii)  up to four hundred eighty-eight thousand dollars for the period
 January first, two thousand ten through March thirty-first, two thousand
 ten; of such funds four hundred eighty-eight thousand dollars  shall  be
 made  available  to the department for the purpose of developing, imple-
 menting and administering the long-term  care  insurance  education  and
 outreach program.
   (rr)  Funds shall be reserved and accumulated from the tobacco control
 and insurance initiatives pool and shall be available, including  income
 from  invested  funds, for the purpose of supporting expenses related to
 implementation of the provisions of title [III] THREE of  article  twen-
 ty-nine-D  of this chapter, for the following periods and in the follow-
 ing 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;

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

 S. 7507--A                         70                         A. 9507--A
 
 purpose  of supporting disease management and telemedicine demonstration
 programs authorized pursuant to section  twenty-one  hundred  eleven  of
 this chapter for the following periods in the following amounts:
   (i)  five  million  dollars for the period January first, two thousand
 four through December thirty-first, two thousand four,  of  which  three
 million  dollars shall be available for disease management demonstration
 programs and two million dollars shall  be  available  for  telemedicine
 demonstration programs;
   (ii)  five  million dollars for the period January first, two thousand
 five through December thirty-first, two thousand five,  of  which  three
 million  dollars shall be available for disease management demonstration
 programs and two million dollars shall  be  available  for  telemedicine
 demonstration programs;
   (iii)  nine million five hundred thousand dollars for the period Janu-
 ary first, two thousand six through December thirty-first, two  thousand
 six,  of  which  seven  million  five  hundred thousand dollars shall be
 available for disease management demonstration programs and two  million
 dollars shall be available for telemedicine demonstration programs;
   (iv) nine million five hundred thousand dollars for the period January
 first,  two  thousand  seven through December thirty-first, two thousand
 seven, of which seven million five hundred  thousand  dollars  shall  be
 available  for disease management demonstration programs and one million
 dollars shall be available for telemedicine demonstration programs;
   (v) nine million five hundred thousand dollars for the period  January
 first,  two  thousand  eight through December thirty-first, two thousand
 eight, of which seven million five hundred  thousand  dollars  shall  be
 available  for disease management demonstration programs and two million
 dollars shall be available for telemedicine demonstration programs;
   (vi) seven million eight hundred thirty-three thousand  three  hundred
 thirty-three  dollars  for  the  period January first, two thousand nine
 through December thirty-first, two thousand nine, of which seven million
 five hundred thousand dollars shall be available for disease  management
 demonstration  programs  and  three  hundred thirty-three thousand three
 hundred thirty-three dollars shall be available for telemedicine  demon-
 stration  programs  for  the  period  January  first,  two thousand nine
 through March first, two thousand nine;
   (vii) one million eight hundred seventy-five thousand dollars for  the
 period  January  first, two thousand ten through March thirty-first, two
 thousand ten shall be available  for  disease  management  demonstration
 programs.
   (ww)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive for the deposit to the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of the  general  hospital  rates  increases  for  recruitment  and
 retention  of  health care workers pursuant to paragraph (e) of subdivi-
 sion thirty of section twenty-eight hundred seven-c of this article from
 the tobacco control and insurance initiatives pool established  for  the
 following periods in the following amounts:
   (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.

 S. 7507--A                         71                         A. 9507--A
 
   (xx) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for the deposit to the credit of the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of the general hospital rates increases for rural hospitals pursu-
 ant to subdivision thirty-two of section twenty-eight hundred seven-c of
 this article from the tobacco control  and  insurance  initiatives  pool
 established for the following periods in the following amounts:
   (i) three million five hundred thousand dollars for the period January
 first,  two  thousand  five  through December thirty-first, two thousand
 five;
   (ii) three million five hundred thousand dollars for the period  Janu-
 ary  first, two thousand six through December thirty-first, two thousand
 six;
   (iii) three million five hundred thousand dollars for the period Janu-
 ary first, two thousand seven through December thirty-first,  two  thou-
 sand seven;
   (iv)  three million five hundred thousand dollars for the period Janu-
 ary first, two thousand eight through December thirty-first,  two  thou-
 sand eight; and
   (v)  three  million  two hundred eight thousand dollars for the period
 January first, two thousand nine through November thirtieth,  two  thou-
 sand nine.
   (yy)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available,  within  amounts  appropriated  and  notwithstanding
 section  one  hundred  twelve  of  the  state  finance law and any other
 contrary provision of law, for the purpose of supporting grants  not  to
 exceed  five  million  dollars  to be made by the commissioner without a
 competitive bid or request for  proposal  process,  in  support  of  the
 delivery  of  critically  needed  health  care  services, to health care
 providers located in the counties of Erie and Niagara which  executed  a
 memorandum of closing and conducted a merger closing in escrow on Novem-
 ber  twenty-fourth, nineteen hundred ninety-seven and which entered into
 a settlement dated December thirtieth, two thousand four for a  loss  on
 disposal  of  assets  under the provisions of title XVIII of the federal
 social security act applicable to mergers occurring  prior  to  December
 first, nineteen hundred ninety-seven.
   (zz)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available, within amounts  appropriated,  for  the  purpose  of
 supporting  expenditures  authorized  pursuant  to  section twenty-eight
 hundred eighteen of this article from the tobacco control and  insurance
 initiatives  pool established for the following periods in the following
 amounts:
   (i) six million five hundred thousand dollars for the  period  January
 first,  two  thousand  five  through December thirty-first, two thousand
 five;
   (ii) one hundred eight million three hundred thousand dollars for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six, provided, however, that within amounts appropriated in
 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

 S. 7507--A                         72                         A. 9507--A
 
 thousand  six through two thousand seven state fiscal year, a portion of
 such funds may be transferred  to  the  Roswell  Park  Cancer  Institute
 Corporation to fund capital costs;
   (iv) one hundred seventy-one million five hundred thousand dollars for
 the  period  January  first, two thousand eight through December thirty-
 first, two thousand eight;
   (v) one hundred twenty-eight  million  seven  hundred  fifty  thousand
 dollars for the period January first, two thousand nine through December
 thirty-first, two thousand nine;
   (vi)  one  hundred thirty-one million three hundred seventy-five thou-
 sand dollars for the period January  first,  two  thousand  ten  through
 December thirty-first, two thousand ten;
   (vii)  thirty-four  million two hundred fifty thousand dollars for the
 period January first, two thousand eleven  through  March  thirty-first,
 two thousand eleven;
   (viii) four hundred thirty-three million three hundred sixty-six thou-
 sand  dollars  for  the  period April first, two thousand eleven through
 March thirty-first, two thousand twelve;
   (ix) one hundred fifty million eight hundred six thousand dollars  for
 the  period April first, two thousand twelve through March thirty-first,
 two thousand thirteen;
   (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, 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, AND UP TO  TWO  MILLION  SIX  HUNDRED
 FORTY-FOUR  THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL
 FIRST, TWO THOUSAND TWENTY  THROUGH  MARCH  THIRTY-FIRST,  TWO  THOUSAND
 TWENTY-THREE.  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

 S. 7507--A                         73                         A. 9507--A
 
 maintenance of air conditioning in resident rooms, consistent with  this
 paragraph,  in  an amount up to two million dollars for the period April
 first, two thousand six through March thirty-first, two thousand  seven,
 up  to three million eight hundred thousand dollars for the period April
 first, two thousand  seven  through  March  thirty-first,  two  thousand
 eight, up to three million eight hundred thousand dollars for the period
 April first, two thousand eight through March thirty-first, two thousand
 nine,  up to three million eight hundred thousand dollars for the period
 April first, two thousand nine through March thirty-first, two  thousand
 ten,  and  up  to  three  million eight hundred thousand dollars for the
 period April first, two thousand ten  through  March  thirty-first,  two
 thousand eleven. Residents shall not be charged utility cost for the use
 of  air  conditioners  supplied  under  the EnAbLe program. All such air
 conditioners must be operated in occupied resident rooms consistent with
 requirements applicable to common areas.
   (ccc) Funds shall be deposited by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for the deposit to the credit of the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share of increases in the rates for certified home health agencies, long
 term  home  health  care  programs,  AIDS  home  care  programs, hospice
 programs and managed long term care plans and approved managed long term
 care operating demonstrations as defined in section  forty-four  hundred
 three-f  of  this  chapter  for recruitment and retention of health care
 workers pursuant to subdivisions nine  and  ten  of  section  thirty-six
 hundred  fourteen of this chapter from the tobacco control and insurance
 initiatives pool established for the following periods in the  following
 amounts:
   (i)  twenty-five  million dollars for the period June first, two thou-
 sand six through December thirty-first, two thousand six;
   (ii) fifty million dollars for the period January first, two  thousand
 seven through December thirty-first, two thousand seven;
   (iii) fifty million dollars for the period January first, two thousand
 eight through December thirty-first, two thousand eight;
   (iv)  fifty million dollars for the period January first, two thousand
 nine through December thirty-first, two thousand nine;
   (v) fifty million dollars for the period January first,  two  thousand
 ten through December thirty-first, two thousand ten;
   (vi) twelve million five hundred thousand dollars for the period Janu-
 ary  first, two thousand eleven through March thirty-first, two thousand
 eleven;
   (vii) up to fifty million dollars each state fiscal year for the peri-
 od April first, two thousand  eleven  through  March  thirty-first,  two
 thousand fourteen;
   (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; AND
   (X) UP TO FIFTY MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE  PERIOD
 APRIL  FIRST,  TWO THOUSAND TWENTY THROUGH MARCH THIRTY-FIRST, TWO THOU-
 SAND TWENTY-THREE.
   (ddd) Funds shall be deposited by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and

 S. 7507--A                         74                         A. 9507--A
 
 directed to receive for the deposit to the credit of the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share  of  increases  in  the medical assistance rates for providers for
 purposes of enhancing the provision, quality and/or efficiency  of  home
 care  services  pursuant  to  subdivision  eleven  of section thirty-six
 hundred fourteen of this chapter from the tobacco control and  insurance
 initiatives  pool  established for the following period in the amount of
 eight million dollars for the  period  April  first,  two  thousand  six
 through December thirty-first, two thousand six.
   (eee)  Funds  shall  be reserved and accumulated from year to year and
 shall be available, including income from invested funds, to the  Center
 for  Functional  Genomics at the State University of New York at Albany,
 for the purposes of the Adirondack  network  for  cancer  education  and
 research  in rural communities grant program to improve access to health
 care and shall be made available from the tobacco control and  insurance
 initiatives  pool  established for the following period in the amount of
 up to five million dollars for the period January  first,  two  thousand
 six through December thirty-first, two thousand six.
   (fff)  Funds  shall  be  made  available to the empire state stem cell
 TRUST 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.

 S. 7507--A                         75                         A. 9507--A
 
   (iii)  Funds shall be reserved and set aside and accumulated from year
 to year and shall be made available, including  income  from  investment
 funds,  for  the purpose of supporting the New York state medical indem-
 nity fund as authorized pursuant to title four of article  twenty-nine-D
 of this chapter, for the following periods and in the following amounts,
 provided,  however,  that  the commissioner is authorized to seek waiver
 authority from the federal centers for medicare  and  Medicaid  for  the
 purpose  of  securing  Medicaid federal financial participation for such
 program, in which case the funding authorized pursuant to this paragraph
 shall be utilized as the non-federal share for such payments:
   Thirty million dollars for the period April first, two thousand eleven
 through March thirty-first, two thousand twelve.
   2. (a) For periods prior to January  first,  two  thousand  five,  the
 commissioner  is  authorized  to  contract  with the article forty-three
 insurance law plans, or such other contractors as the commissioner shall
 designate, to receive and distribute funds from the tobacco control  and
 insurance  initiatives pool established pursuant to this section. In the
 event contracts with the article  forty-three  insurance  law  plans  or
 other  commissioner's  designees are effectuated, the commissioner shall
 conduct annual audits of the receipt and distribution of such funds. The
 reasonable costs and expenses of an administrator  as  approved  by  the
 commissioner,  not  to  exceed for personnel services on an annual basis
 five hundred thousand dollars, for collection and distribution of  funds
 pursuant to this section shall be paid from such funds.
   (b)  Notwithstanding any inconsistent provision of section one hundred
 twelve or one hundred sixty-three of the state finance law or any  other
 law,  at the discretion of the commissioner without a competitive bid or
 request for proposal process, contracts in effect for administration  of
 pools  established  pursuant  to  sections twenty-eight hundred seven-k,
 twenty-eight hundred seven-l and twenty-eight hundred  seven-m  of  this
 article  for  the  period  January  first,  nineteen hundred ninety-nine
 through December  thirty-first,  nineteen  hundred  ninety-nine  may  be
 extended  to provide for administration pursuant to this section and may
 be amended as may be necessary.
   § 15.  Paragraph (a) of subdivision 12 of section 367-b of the  social
 services  law,  as  amended  by section 7 of part H of chapter 57 of the
 laws of 2017, 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 [twenty] TWENTY-THREE, by such hospitals
 which elect to participate in the system.
   § 16. Paragraph (o) of subdivision 9 of section  3614  of  the  public
 health  law,  as added by section 11 of part H of chapter 57 of the laws
 of 2017, is amended and three new paragraphs (p), (q) and (r) are  added
 to read as follows:
   (o)  for  the  period April first, two thousand nineteen through March
 thirty-first, two thousand twenty, up to one hundred million dollars[.];
   (P) FOR THE PERIOD APRIL FIRST,  TWO  THOUSAND  TWENTY  THROUGH  MARCH
 THIRTY-FIRST,  TWO  THOUSAND  TWENTY-ONE,  UP  TO  ONE  HUNDRED  MILLION
 DOLLARS;
   (Q) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-ONE THROUGH  MARCH
 THIRTY-FIRST,  TWO  THOUSAND  TWENTY-TWO,  UP  TO  ONE  HUNDRED  MILLION
 DOLLARS;

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   (R) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-TWO THROUGH  MARCH
 THIRTY-FIRST,  TWO  THOUSAND  TWENTY-THREE,  UP  TO  ONE HUNDRED MILLION
 DOLLARS.
   §  17.  Paragraph  (s) of subdivision 1 of section 367-q of the social
 services law, as added by section 12 of part H of chapter 57 of the laws
 of 2017, is amended and three new paragraphs (t), (u) and (v) are  added
 to read as follows:
   (s)  for  the  period April first, two thousand nineteen through March
 thirty-first, two thousand twenty,  twenty-eight  million  five  hundred
 thousand dollars[.];
   (T)  FOR  THE  PERIOD  APRIL  FIRST, TWO THOUSAND TWENTY THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, UP TO TWENTY-EIGHT  MILLION  FIVE
 HUNDRED THOUSAND DOLLARS;
   (U)  FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-ONE THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY-TWO, UP TO TWENTY-EIGHT  MILLION  FIVE
 HUNDRED THOUSAND DOLLARS;
   (V)  FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-TWO THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, UP TO TWENTY-EIGHT MILLION FIVE
 HUNDRED THOUSAND DOLLARS.
   § 18. Section 5 of chapter 517 of  the  laws  of  2016,  amending  the
 public  health  law relating to payments from the New York state medical
 indemnity fund, as amended by section 4 of part K of chapter 57  of  the
 laws of 2019, is amended to read as follows:
   §  5. This act shall take effect on the forty-fifth day after it shall
 have become a law, provided that the  amendments  to  subdivision  4  of
 section  2999-j of the public health law made by section two of this act
 shall take effect on June 30,  2017  and  shall  expire  and  be  deemed
 repealed December 31, [2020] 2021.
   §  19.  Section  2807-g  and paragraph (e) of subdivision 1 of section
 2807-l of the public health law are REPEALED.
   § 20. This act shall take effect April 1, 2020, provided, however,  if
 this  act  shall become a law after such date it shall take effect imme-
 diately and shall be deemed to have been in full force and effect on and
 after April 1, 2020, and further provided, that:
   (a) the amendments to sections 2807-j and 2807-s of the public  health
 law made by sections two, eight, eleven and twelve of this act shall not
 affect the expiration of such sections and shall expire therewith;
   (b)  the  amendments  to subdivision 6 of section 2807-t of the public
 health law made by section thirteen of this act  shall  not  affect  the
 expiration 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  fourteen  of  this  act
 shall  not  affect  the  repeal  of  such  paragraph and shall be deemed
 repealed therewith.
 
                                  PART B
 
   Section 1. Subdivision 9 of section 2803 of the public health  law  is
 REPEALED.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2020.
 
                                  PART C
 
   Section 1. Section 3235-a of the insurance law is  amended  by  adding
 two new subsections (e) and (f) to read as follows:

 S. 7507--A                         77                         A. 9507--A

   (E)(1)  AN  INSURER  SHALL  PAY  AN EARLY INTERVENTION PROGRAM SERVICE
 CLAIM TO A PROVIDER THROUGH THE STATE FISCAL AGENT, DESIGNATED  PURSUANT
 TO  SECTION  TWO  THOUSAND FIVE HUNDRED FIFTY-SEVEN OF THE PUBLIC HEALTH
 LAW, THAT PARTICIPATES IN THE INSURER'S PROVIDER NETWORK  IN  ACCORDANCE
 WITH  SUBSECTION (A) OF SECTION THIRTY-TWO HUNDRED TWENTY-FOUR-A OF THIS
 ARTICLE WHERE THE INSURER'S OBLIGATION TO PAY IS REASONABLY CLEAR,  EVEN
 THOUGH  THERE MAY BE A DISAGREEMENT ABOUT WHETHER THE EARLY INTERVENTION
 PROGRAM SERVICE WAS MEDICALLY NECESSARY.
   (2) NOTWITHSTANDING THE PROVISIONS OF ARTICLE FORTY-NINE OF THIS CHAP-
 TER AND ARTICLE FORTY-NINE OF THE PUBLIC HEALTH LAW,  FOLLOWING  PAYMENT
 OF THE EARLY INTERVENTION PROGRAM SERVICE CLAIM, AN INSURER MAY INITIATE
 A  NON-EXPEDITED EXTERNAL APPEAL PURSUANT TO TITLE TWO OF ARTICLE FORTY-
 NINE OF THIS CHAPTER OR TITLE TWO OF ARTICLE FORTY-NINE  OF  THE  PUBLIC
 HEALTH  LAW  OR  PURSUE  A DETERMINATION FROM AN INDEPENDENT THIRD-PARTY
 REVIEW AGENT AGREED UPON BY THE INSURER AND THE PROVIDER, WHICH DETERMI-
 NATION SHALL BE BINDING, IN ORDER TO DETERMINE WHETHER THE EARLY  INTER-
 VENTION  PROGRAM  SERVICE  WAS  MEDICALLY NECESSARY.   THE INSURER SHALL
 NOTIFY THE STATE FISCAL AGENT AS  DESIGNATED  PURSUANT  TO  SECTION  TWO
 THOUSAND  FIVE  HUNDRED  FIFTY-SEVEN  OF  THE  PUBLIC  HEALTH LAW OF THE
 EXTERNAL APPEAL AGENT'S OR INDEPENDENT THIRD-PARTY REVIEW AGENT'S DETER-
 MINATION.  IF THE EXTERNAL APPEAL AGENT OR THE  INDEPENDENT  THIRD-PARTY
 REVIEW  AGENT  DETERMINES  THAT  THE  EARLY INTERVENTION PROGRAM SERVICE
 PROVIDED WAS NOT MEDICALLY NECESSARY, IN WHOLE OR IN PART,  THE  INSURER
 MAY  RECOUP,  OFFSET,  OR  OTHERWISE REQUIRE A REFUND OF ANY OVERPAYMENT
 RESULTING FROM THE  DETERMINATION.  SUCH  RECOUPMENT,  OFFSET  OR  OTHER
 REQUIRED  REFUND  SHALL  BE A CHARGE TO THE APPROPRIATE MUNICIPALITY AND
 STATE.  THE STATE FISCAL AGENT DESIGNATED PURSUANT TO SECTION TWO  THOU-
 SAND FIVE HUNDRED FIFTY-SEVEN OF THE PUBLIC HEALTH LAW SHALL PROCESS THE
 RECOUPMENT,  OFFSET,  OR  REFUND  SUBMITTED BY THE INSURER WITHIN NINETY
 DAYS OF RECEIPT OF THE NOTIFICATION OF THE EXTERNAL  APPEAL  AGENT'S  OR
 INDEPENDENT THIRD-PARTY REVIEW AGENT'S DETERMINATION.
   (3)  IF  THE  EXTERNAL  APPEAL AGENT OR INDEPENDENT THIRD-PARTY REVIEW
 AGENT DETERMINES THAT THE EARLY INTERVENTION PROGRAM  SERVICES  RENDERED
 BY  THE PROVIDER WERE NOT MEDICALLY NECESSARY, IN WHOLE OR IN PART, MORE
 THAN SIXTY PERCENT OF THE TIME IN ANY TWELVE-MONTH PERIOD,  THE  INSURER
 MAY  FOR  THE SUBSEQUENT TWELVE-MONTH PERIOD REVIEW THE PROVIDER'S EARLY
 INTERVENTION PROGRAM SERVICES CLAIMS  FOR  MEDICAL  NECESSITY  PRIOR  TO
 MAKING  PAYMENT,  IN  ACCORDANCE WITH TITLE ONE OF ARTICLE FORTY-NINE OF
 THIS CHAPTER OR TITLE ONE OF ARTICLE FORTY-NINE  OF  THE  PUBLIC  HEALTH
 LAW.
   (4)  NOTHING IN THIS SUBSECTION SHALL PROHIBIT AN INSURER FROM REQUIR-
 ING PREAUTHORIZATION FOR EARLY INTERVENTION PROGRAM SERVICES.   A  CLAIM
 FOR  AN EARLY INTERVENTION PROGRAM SERVICE FOR WHICH AN INSURER DENIED A
 PREAUTHORIZATION REQUEST SHALL NOT BE SUBJECT TO THIS SUBSECTION.
   (F) FOR PURPOSES OF THIS SECTION,  "INSURER"  SHALL  MEAN  AN  INSURER
 AUTHORIZED  TO  WRITE  ACCIDENT  AND  HEALTH  INSURANCE IN THIS STATE, A
 CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A
 MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO  ARTICLE
 FORTY-SEVEN OF THIS CHAPTER, OR A HEALTH MAINTENANCE ORGANIZATION CERTI-
 FIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW.
   §  2.  This  act  shall take effect January 1, 2021 and shall apply to
 health care services provided on and after such date.

                                  PART D

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   Section 1. Subdivisions 1  and  3  of  section  461-s  of  the  social
 services law, subdivision 1 as amended by section 4 of part R of chapter
 59 of the laws of 2016 and subdivision 3 as amended by section 6 of part
 A of chapter 57 of the laws of 2015, are amended to read as follows:
   1. (A) The commissioner of health shall establish the enhanced quality
 of  adult  living  program  (referred  to  in this section as the "EQUAL
 program" or the "program") for adult care facilities.  The program shall
 be targeted at improving the quality of life  for  adult  care  facility
 residents  by means of grants to facilities for [specified] THE purposes
 SET FORTH IN SUBPARAGRAPHS (I) AND (II) OF THE PARAGRAPH.   The  depart-
 ment  of  health, subject to the approval of the director of the budget,
 shall develop an allocation methodology taking into account  the  finan-
 cial  status  and  size of the facility [as well as], resident needs AND
 THE POPULATION OF RESIDENTS WHO RECEIVE SUPPLEMENTAL SECURITY INCOME  OR
 SAFETY  NET  ASSISTANCE OR WHO ARE LIVING WITH A SERIOUS MENTAL ILLNESS,
 AS DEFINED BY THE COMMISSIONER OF HEALTH.  On or before  June  first  of
 each year, the department shall make available the application for EQUAL
 program funds]. GRANTS MAY BE USED TO SUPPORT THE FOLLOWING PURPOSES:
   (I)  TO  IMPROVE THE QUALITY OF LIFE FOR ADULT CARE FACILITY RESIDENTS
 BY FUNDING PROJECTS INCLUDING, BUT NOT LIMITED TO, CLOTHING  ALLOWANCES,
 RESIDENT  TRAINING TO SUPPORT INDEPENDENT LIVING SKILLS, STAFF TRAINING,
 OUTDOOR LEISURE PROJECTS, AND CULTURALLY RECREATIONAL AND OTHER  LEISURE
 EVENTS;  AND  RESIDENT  QUALITY OF LIFE, PURSUANT TO SUBPARAGRAPH (I) OF
 PARAGRAPH (A) OF THIS DIVISION, OR
   (II) TO IMPROVE THE QUALITY OF LIFE FOR ADULT CARE FACILITY  RESIDENTS
 BY FINANCING CAPITAL IMPROVEMENT PROJECTS THAT WILL ENHANCE THE PHYSICAL
 ENVIRONMENT  OF  THE  FACILITY  AND PROMOTE A HIGHER QUALITY OF LIFE FOR
 RESIDENTS. ANY CAPITAL RELATED EXPENSE GENERATED BY SUCH CAPITAL EXPEND-
 ITURE MUST RECEIVE APPROVAL BY THE DEPARTMENT OF HEALTH.
   (B) ON OR BEFORE JUNE FIRST OF EACH YEAR, THE  DEPARTMENT  SHALL  MAKE
 AVAILABLE THE APPLICATION FOR EQUAL PROGRAM FUNDS TO ELIGIBLE ADULT CARE
 FACILITIES, AS SET FORTH IN THIS SECTION.
   3. Prior to applying for EQUAL program funds, a facility shall receive
 approval  of  its  expenditure  plan from the residents' council for the
 facility. The residents' council shall adopt a process to  identify  the
 priorities  of  the residents for the use of the program funds and docu-
 ment residents' top preferences by means that  may  include  a  vote  or
 survey.  The plan shall detail how program funds will be used to improve
 RESIDENT QUALITY OF LIFE, PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH  (A)
 OF THIS SUBDIVISION, OR SUPPORT SUSTAINABLE ENHANCEMENTS TO the physical
 environment  of  the facility PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH
 (A) OF THIS SUBDIVISION [or the quality of care and services rendered to
 residents and may include, but not be limited to,  staff  training,  air
 conditioning  in residents' areas, clothing, improvements in food quali-
 ty, furnishings, equipment, security, and maintenance or repairs to  the
 facility].  The  facility's  application  for  EQUAL program funds shall
 include a signed attestation from the president or chair-person  of  the
 residents'  council or, in the absence of a residents' council, at least
 three residents of the facility, stating that the  application  reflects
 the  priorities  of  the residents of the facility AND HAS BEEN REVIEWED
 AND APPROVED BY THE RESIDENTS' COUNCIL.  The department  shall  investi-
 gate reports of resident abuse and retaliation related to program appli-
 cations and expenditures.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2020.

 S. 7507--A                         79                         A. 9507--A
 
                                  PART E
 
   Section 1. Section 2807-bbb of the public health law is REPEALED.
   §  2.  Subdivision  10  of  section  2808  of the public health law is
 REPEALED.
   § 3. Subdivision 6 of section 3614 of the public health law, as  added
 by chapter 563 of the laws of 1991, is REPEALED.
   §  4.  Subdivision  4  of  section  4012  of  the public health law is
 REPEALED.
   § 5. Clause (B) of subparagraph (iii) of paragraph (e) of  subdivision
 one  of section twenty-eight hundred seven-c of the public health law is
 REPEALED.
   § 6. Article 27-G of the public health law is REPEALED.
   § 7. Section 95-e of the state finance law, as added by chapter 301 of
 the laws of 2004, subdivision 2 as amended by chapter 483 of the laws of
 2015, subdivision 2-a as added by section 27-i of part UU of chapter  54
 of the laws of 2016, is amended to read as follows:
   §  95-e.  The  New  York  state autism awareness and research fund. 1.
 There is hereby established in the joint custody of the commissioner  of
 taxation  and finance and the comptroller, a special fund to be known as
 the New York state autism awareness and research fund.
   2. Such fund shall consist of all revenues received  pursuant  to  the
 provisions  of  section  four  hundred four-v of the vehicle and traffic
 law, as added by chapter three hundred one of the laws of  two  thousand
 four,  all revenues received pursuant to section six hundred thirty-d of
 the tax law and all other moneys appropriated, credited, or  transferred
 thereto from any other fund or source pursuant to law. Nothing contained
 in  this section shall prevent the state from receiving grants, gifts or
 bequests for the purposes of the fund as defined  in  this  section  and
 depositing them into the fund according to law.
   2-a. On or before the first day of February each year, the commission-
 er  of  [health]  THE  OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
 shall provide a written report to the temporary president of the senate,
 speaker of the assembly, chair of the senate finance committee, chair of
 the assembly ways and means committee, chair of the senate committee  on
 health,  chair  of  the assembly health committee, the state comptroller
 and the public. Such report shall include how the  monies  of  the  fund
 were utilized during the preceding calendar year, and shall include:
   (i)  the amount of money disbursed from the fund and the award process
 used for such disbursements;
   (ii) recipients of awards from the fund;
   (iii) the amount awarded to each;
   (iv) the purposes for which such awards were granted; and
   (v) a summary financial plan for such monies which shall include esti-
 mates of all receipts and all disbursements for the current and succeed-
 ing fiscal years, along with the actual results from  the  prior  fiscal
 year.
   3.  (a) Monies of the fund shall be expended only for autism awareness
 projects or autism research projects  approved  by  the  [department  of
 health]  OFFICE  FOR  PEOPLE WITH DEVELOPMENTAL DISABILITIES in New York
 state provided, however, that no more than ten percent  of  monies  from
 such  fund  shall be expended on the aggregate number of autism research
 projects approved in a fiscal year.
   (b) As used in this section, the term "autism research project"  means
 scientific  research  approved  by the [department of health] OFFICE FOR
 PEOPLE WITH DEVELOPMENTAL DISABILITIES into the causes and/or  treatment

 S. 7507--A                         80                         A. 9507--A
 
 of  autism,  and  the  term  "autism  awareness project" means a project
 approved by the [department of health] OFFICE FOR PEOPLE  WITH  DEVELOP-
 MENTAL  DISABILITIES aimed toward educating the general public about the
 causes, symptoms, and treatments of autism.
   4.  Monies  shall be payable from the fund on the audit and warrant of
 the comptroller on vouchers approved and certified by  the  commissioner
 of [health] THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
   5.  To the extent practicable, the commissioner of [health] THE OFFICE
 FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES shall ensure that all  monies
 received  during  a  fiscal  year  are expended prior to the end of that
 fiscal year.
   § 8. Article 27-J of the public health law is REPEALED.
   § 9. Title E of the mental hygiene law is  amended  by  adding  a  new
 article 30 to read as follows:
                                ARTICLE 30
              COMPREHENSIVE CARE CENTERS FOR EATING DISORDERS
 SECTION 30.01 LEGISLATIVE FINDINGS.
         30.02 DEFINITIONS.
         30.03 COMPREHENSIVE  CARE  CENTERS  FOR EATING DISORDERS; ESTAB-
                 LISHED.
         30.04 QUALIFYING CRITERIA.
         30.05 STATE IDENTIFICATION OF  COMPREHENSIVE  CARE  CENTERS  FOR
                 EATING DISORDERS; COMMISSIONER'S WRITTEN NOTICE.
         30.06 RESTRICTED USE OF TITLE.
 § 30.01 LEGISLATIVE FINDINGS.
   THE  LEGISLATURE  HEREBY  FINDS THAT EFFECTIVE DIAGNOSIS AND TREATMENT
 FOR CITIZENS STRUGGLING WITH EATING DISORDERS, A COMPLEX AND POTENTIALLY
 LIFE-THREATENING CONDITION, REQUIRES A  CONTINUUM  OF  INTERDISCIPLINARY
 PROVIDERS  AND  LEVELS  OF  CARE. SUCH EFFECTIVE DIAGNOSIS AND TREATMENT
 FURTHER REQUIRES THE COORDINATION AND  COMPREHENSIVE  MANAGEMENT  OF  AN
 INDIVIDUALIZED  PLAN OF CARE SPECIFICALLY ORIENTED TO THE DISTINCT NEEDS
 OF EACH INDIVIDUAL.
   THE LEGISLATURE FURTHER FINDS THAT, WHILE THERE  ARE  NUMEROUS  HEALTH
 CARE PROVIDERS IN THE STATE WITH EXPERTISE IN EATING DISORDER TREATMENT,
 THERE IS NO GENERALLY ACCESSIBLE, COMPREHENSIVE SYSTEM FOR RESPONDING TO
 THESE  DISORDERS. DUE TO THE LACK OF SUCH A SYSTEM THE LEGISLATURE FINDS
 THAT TREATMENT, INFORMATION/REFERRAL, PREVENTION AND RESEARCH ACTIVITIES
 ARE FRAGMENTED AND INCOMPLETE. IN ADDITION, DUE TO THE BROAD,  MULTIFAC-
 ETED  NEEDS OF INDIVIDUALS WITH EATING DISORDERS, INSURANCE PAYMENTS FOR
 THE NECESSARY PLAN OF CARE AND PROVIDERS IS USUALLY FRAGMENTED AS  WELL,
 LEAVING  CITIZENS WITH INSUFFICIENT COVERAGE FOR ESSENTIAL SERVICES AND,
 THEREFORE, AT RISK OF INCOMPLETE TREATMENT, RELAPSE,  DETERIORATION  AND
 POTENTIAL DEATH.
   THE LEGISLATURE THEREFORE DECLARES THAT THE STATE TAKE POSITIVE ACTION
 TO  FACILITATE  THE  DEVELOPMENT  AND  PUBLIC IDENTIFICATION OF PROVIDER
 NETWORKS AND CARE  CENTERS  OF  EXCELLENCE  TO  PROVIDE  A  COORDINATED,
 COMPREHENSIVE  SYSTEM FOR THE TREATMENT OF SUCH DISORDERS, AS WELL AS TO
 CONDUCT  COMMUNITY  EDUCATION,  PREVENTION,   INFORMATION/REFERRAL   AND
 RESEARCH ACTIVITIES. THE LEGISLATURE FURTHER DECLARES THAT HEALTH COVER-
 AGE  BY  INSURERS  AND  HEALTH  MAINTENANCE ORGANIZATIONS SHOULD INCLUDE
 COVERED SERVICES PROVIDED THROUGH SUCH CENTERS AND THAT, TO  THE  EXTENT
 POSSIBLE AND PRACTICABLE, HEALTH PLAN REIMBURSEMENT SHOULD BE STRUCTURED
 IN  A  MANNER  TO FACILITATE THE INDIVIDUALIZED, COMPREHENSIVE AND INTE-
 GRATED PLANS OF CARE WHICH SUCH CENTERS ARE REQUIRED TO PROVIDE.
 § 30.02 DEFINITIONS.
   FOR PURPOSES OF THIS ARTICLE:

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   (A) "EATING DISORDER" IS DEFINED TO INCLUDE, BUT NOT  BE  LIMITED  TO,
 CONDITIONS  SUCH AS ANOREXIA NERVOSA, BULIMIA AND BINGE EATING DISORDER,
 IDENTIFIED AS SUCH  IN  THE  ICD-9-CM  INTERNATIONAL  CLASSIFICATION  OF
 DISEASE  OR  THE  MOST CURRENT EDITION OF THE DIAGNOSTIC AND STATISTICAL
 MANUAL  OF MENTAL DISORDERS, OR OTHER MEDICAL AND MENTAL HEALTH DIAGNOS-
 TIC REFERENCES GENERALLY ACCEPTED FOR STANDARD USE BY  THE  MEDICAL  AND
 MENTAL HEALTH FIELDS.
   (B)  "COMPREHENSIVE  CARE CENTERS FOR EATING DISORDERS" OR "COMPREHEN-
 SIVE CARE CENTERS" MEANS A PROVIDER-SPONSORED SYSTEM OF CARE,  ORGANIZED
 BY  EITHER  CORPORATE AFFILIATION OR CLINICAL ASSOCIATION FOR THE COMMON
 PURPOSE OF PROVIDING A COORDINATED, INDIVIDUALIZED PLAN OF CARE  FOR  AN
 INDIVIDUAL WITH AN EATING DISORDER, ACROSS A CONTINUUM THAT INCLUDES ALL
 NECESSARY NON-INSTITUTIONAL, INSTITUTIONAL AND PRACTITIONER SERVICES AND
 TREATMENTS, FROM INITIAL PATIENT SCREENING AND EVALUATION, TO TREATMENT,
 FOLLOW-UP CARE AND SUPPORT.
 § 30.03 COMPREHENSIVE CARE CENTERS FOR EATING DISORDERS; ESTABLISHED.
   THE  COMMISSIONER  SHALL  PROVIDE  FOR  THE  PUBLIC  IDENTIFICATION OF
 COMPREHENSIVE CARE CENTERS FOR PERSONS WITH  EATING  DISORDERS  FOR  THE
 PURPOSES OF:
   (A)  PROMOTING  THE OPERATION OF A CONTINUUM OF COMPREHENSIVE, COORDI-
 NATED CARE FOR PERSONS WITH EATING DISORDERS;
   (B) PROMOTING READY ACCESS  TO  INFORMATION,  REFERRAL  AND  TREATMENT
 SERVICES  ON  EATING  DISORDERS  FOR  CONSUMERS,  HEALTH  PRACTITIONERS,
 PROVIDERS AND INSURERS, WITH ACCESS IN EVERY REGION OF THE STATE;
   (C) PROMOTING COMMUNITY EDUCATION, PREVENTION AND PATIENT  ENTRY  INTO
 CARE; AND
   (D) PROMOTING AND COORDINATING REGIONAL AND STATEWIDE RESEARCH EFFORTS
 INTO EFFECTIVE METHODS OF EDUCATION, PREVENTION AND TREATMENT, INCLUDING
 RESEARCH ON THE VARIOUS MODELS OF CARE.
 § 30.04 QUALIFYING CRITERIA.
   (A)  IN  ORDER  TO QUALIFY FOR STATE IDENTIFICATION AS A COMPREHENSIVE
 CARE CENTER FOR EATING DISORDERS PURSUANT TO  THIS  ARTICLE,  APPLICANTS
 MUST DEMONSTRATE TO THE COMMISSIONER'S SATISFACTION THAT, AT A MINIMUM:
   1.  THE  APPLICANT  CAN  PROVIDE  A  CONTINUUM OF CARE TAILORED TO THE
 SPECIALIZED NEEDS  OF  INDIVIDUALS  WITH  EATING  DISORDERS,  WITH  SUCH
 CONTINUUM INCLUDING AT LEAST THE FOLLOWING LEVELS OF CARE:
   (I)  INDIVIDUAL  HEALTH, PSYCHOSOCIAL AND CASE MANAGEMENT SERVICES, IN
 BOTH NONINSTITUTIONAL AND  INSTITUTIONAL  SETTINGS,  FROM  LICENSED  AND
 CERTIFIED  PRACTITIONERS  WITH  DEMONSTRATED EXPERIENCE AND EXPERTISE IN
 PROVIDING SERVICES TO INDIVIDUALS WITH EATING DISORDERS;
   (II) MEDICAL/SURGICAL, PSYCHIATRIC AND REHABILITATION CARE IN A GENER-
 AL HOSPITAL OR A HOSPITAL LICENSED UNDER THIS  CHAPTER;  PROVIDED  THAT,
 WHENEVER  PRACTICABLE  AND APPROPRIATE, THE SERVICE SETTING FOR ANY SUCH
 CARE SHALL BE ORIENTED TO THE SPECIFIC NEEDS, TREATMENT AND RECOVERY  OF
 PERSONS WITH EATING DISORDERS;
   (III)  RESIDENTIAL  CARE  AND  SERVICES  IN  A RESIDENTIAL HEALTH CARE
 FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC  HEALTH  LAW,
 OR  A  FACILITY  LICENSED UNDER ARTICLE THIRTY-ONE OF THIS CHAPTER WHICH
 WILL PROVIDE A PROGRAM OF CARE AND SERVICE SETTING THAT IS  SPECIFICALLY
 ORIENTED TO THE NEEDS OF INDIVIDUALS WITH EATING DISORDERS;
   2.  THE  CARE  OF  INDIVIDUALS WILL BE MANAGED AND COORDINATED AT EACH
 LEVEL AND THROUGHOUT THE CONTINUUM OF CARE;
   3. THE APPLICANT IS ABLE TO CONDUCT ACTIVITIES  FOR  COMMUNITY  EDUCA-
 TION, PREVENTION, INFORMATION/REFERRAL AND RESEARCH; AND
   4.  THE APPLICANT MEETS SUCH ADDITIONAL CRITERIA AS ARE ESTABLISHED BY
 THE COMMISSIONER.

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   (B) ELIGIBLE APPLICANTS SHALL INCLUDE BUT ARE NOT LIMITED TO PROVIDERS
 LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW OR  ARTICLE
 THIRTY-ONE  OF  THIS  CHAPTER  OR  HEALTH OR MENTAL HEALTH PRACTITIONERS
 LICENSED UNDER TITLE EIGHT OF THE EDUCATION LAW.
   (C) THE COMMISSIONER SHALL SEEK THE RECOMMENDATION OF THE COMMISSIONER
 OF  HEALTH  PRIOR  TO  IDENTIFYING  AN APPLICANT AS A COMPREHENSIVE CARE
 CENTER UNDER THIS ARTICLE.
 § 30.05 STATE IDENTIFICATION OF COMPREHENSIVE CARE  CENTERS  FOR  EATING
           DISORDERS; COMMISSIONER'S WRITTEN NOTICE.
   (A)  THE COMMISSIONER SHALL IDENTIFY A SUFFICIENT NUMBER OF COMPREHEN-
 SIVE CENTERS TO ENSURE ADEQUATE ACCESS TO SERVICES IN ALL REGIONS OF THE
 STATE, PROVIDED THAT, TO THE EXTENT  POSSIBLE,  THE  COMMISSIONER  SHALL
 IDENTIFY  SUCH  CARE  CENTERS  GEOGRAPHICALLY  DISPERSED  THROUGHOUT THE
 STATE, AND PROVIDED FURTHER, HOWEVER, THAT THE  COMMISSIONER  SHALL,  TO
 THE EXTENT POSSIBLE, INITIALLY IDENTIFY AT LEAST THREE SUCH CENTERS.
   (B)  THE  COMMISSIONER'S IDENTIFICATION OF A COMPREHENSIVE CARE CENTER
 FOR EATING DISORDERS UNDER THIS ARTICLE SHALL BE VALID FOR NOT MORE THAN
 A TWO YEAR PERIOD FROM THE DATE OF ISSUANCE. THE COMMISSIONER MAY  REIS-
 SUE  SUCH  IDENTIFICATIONS  FOR  SUBSEQUENT PERIODS OF UP TO FIVE YEARS,
 PROVIDED THAT THE COMPREHENSIVE CARE CENTER HAS NOTIFIED THE COMMISSION-
 ER OF ANY MATERIAL CHANGES  IN  STRUCTURE  OR  OPERATION  BASED  ON  ITS
 ORIGINAL  APPLICATION,  OR  SINCE ITS LAST WRITTEN NOTICE BY THE COMMIS-
 SIONER, AND THAT THE COMMISSIONER IS SATISFIED THAT THE CENTER CONTINUES
 TO MEET THE CRITERIA REQUIRED PURSUANT TO THIS ARTICLE.
   (C) THE COMMISSIONER MAY SUSPEND OR REVOKE HIS OR HER  WRITTEN  NOTICE
 UPON  A DETERMINATION THAT THE COMPREHENSIVE CARE CENTER HAS NOT MET, OR
 WOULD NOT BE ABLE TO MEET, THE CRITERIA REQUIRED PURSUANT TO THIS  ARTI-
 CLE, PROVIDED, HOWEVER THAT THE COMMISSIONER SHALL AFFORD SUCH CENTER AN
 OPPORTUNITY  FOR A HEARING, IN ACCORDANCE SECTION 31.17 OF THIS CHAPTER,
 TO REVIEW THE CIRCUMSTANCES OF AND GROUNDS FOR SUCH SUSPENSION OR  REVO-
 CATION AND TO APPEAL SUCH DETERMINATION.
 § 30.06 RESTRICTED USE OF TITLE.
   NO  PERSON  OR  ENTITY  SHALL  CLAIM, ADVERTISE OR IMPLY TO CONSUMERS,
 HEALTH PLANS OR OTHER HEALTH CARE PROVIDERS THAT SUCH PROVIDER OR  PRAC-
 TITIONER  IS  A  STATE-IDENTIFIED  COMPREHENSIVE  CARE CENTER FOR EATING
 DISORDERS UNLESS IT IS QUALIFIED PURSUANT TO SECTION 30.04 OF THIS ARTI-
 CLE.
   § 10. Section 31.25 of the mental hygiene law, as added by chapter  24
 of the laws of 2008, is amended to read as follows:
 § 31.25 Residential services for treatment of eating disorders.
   The  commissioner  shall  establish,  pursuant to regulation, licensed
 residential providers of treatment and/or supportive services  to  chil-
 dren,  adolescents,  and  adults  with eating disorders, as that term is
 defined in section [twenty-seven hundred  ninety-nine-e  of  the  public
 health  law] 30.02 OF THIS TITLE. Such regulations shall be developed in
 consultation with representatives from each of  the  comprehensive  care
 centers   for   eating   disorders   established   pursuant  to  article
 [twenty-seven-J of the public health law] THIRTY  OF  THIS  CHAPTER  and
 licensed  treatment  professionals,  such  as physicians, psychiatrists,
 psychologists and therapists, with demonstrated  expertise  in  treating
 patients with eating disorders.
   §  11. Paragraph 14 of subsection (k) of section 3221 of the insurance
 law, as added by chapter 114 of the laws of 2004, is amended to read  as
 follows:
   (14)  No  group  or blanket policy delivered or issued for delivery in
 this state which provides medical, major medical or  similar  comprehen-

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 sive-type  coverage  shall  exclude  coverage for services covered under
 such policy when provided by a  comprehensive  care  center  for  eating
 disorders  pursuant  to  article  [twenty-seven-J  of the public health]
 THIRTY  OF THE MENTAL HYGIENE law; provided, however, that reimbursement
 under such policy for services provided through such comprehensive  care
 centers  shall, to the extent possible and practicable, be structured in
 a manner to facilitate the individualized, comprehensive and  integrated
 plans of care which such centers' network of practitioners and providers
 are required to provide.
   §  12.  Subsection (dd) of section 4303 of the insurance law, as added
 by chapter 114 of the laws of 2004, is amended to read as follows:
   (dd) No health service corporation or medical service  expense  indem-
 nity  corporation  which  provides  medical,  major  medical  or similar
 comprehensive-type coverage shall exclude coverage for services  covered
 under  such  policy  when  provided  by  a comprehensive care center for
 eating disorders pursuant  to  article  [twenty-seven-J  of  the  public
 health]  THIRTY  OF  THE  MENTAL  HYGIENE  law;  provided, however, that
 reimbursement by such corporation for  services  provided  through  such
 comprehensive  care  centers shall, to the extent possible and practica-
 ble, be structured in a manner to facilitate the individualized, compre-
 hensive and integrated plans of care  which  such  centers'  network  of
 practitioners and providers are required to provide.
   §  13. Paragraph 27 of subsection (b) of section 4322 of the insurance
 law, as added by chapter 114 of the laws of 2004, is amended to read  as
 follows:
   (27)  Services covered under such policy when provided by a comprehen-
 sive care center for eating disorders pursuant to  article  [twenty-sev-
 en-J  of  the public health] THIRTY OF THE MENTAL HYGIENE law; provided,
 however, that reimbursement under  such  policy  for  services  provided
 through  such  comprehensive  care centers shall, to the extent possible
 and practicable, be structured in a manner to facilitate the individual-
 ized, comprehensive and integrated plans of  care  which  such  centers'
 network of practitioners and providers are required to provide.
   § 14. Subdivision 1 of section 154 of the labor law, as added by chap-
 ter 675 of the laws of 2007, is amended to read as follows:
   1.  The  commissioner, in consultation with the commissioner of health
 and the commissioner of mental health, shall establish a child performer
 advisory board for  the  purpose  of  recommending  guidelines  for  the
 employment  of child performers and models under the age of eighteen and
 preventing eating disorders such as anorexia nervosa and bulimia nervosa
 amongst such persons. The advisory  board  shall  consist  of  at  least
 sixteen  but  no more than twenty members appointed by the commissioner,
 and shall include:  representatives  of  professional  organizations  or
 unions  representing  child performers or models; employers representing
 child performers or models; physicians, nutritionists and mental  health
 professionals  with  demonstrated  expertise  in  treating patients with
 eating disorders; at least one representative from each of  the  compre-
 hensive  care centers for eating disorders established pursuant to arti-
 cle [twenty-seven-J of the public health] THIRTY OF THE  MENTAL  HYGIENE
 law;  advocacy  organizations working to prevent and treat eating disor-
 ders; and other members deemed necessary by the commissioner.  In  addi-
 tion,  the commissioner of health and the commissioner of mental health,
 or their designees, shall serve on the advisory board.  The  members  of
 the  advisory board shall receive no compensation for their services but
 shall be reimbursed their actual and necessary expenses incurred in  the
 performance of their duties.

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   §  15.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2020.
 
                                  PART F
 
   Section  1.  Section  9  of  part R of chapter 59 of the laws of 2016,
 amending the public health law and other  laws  relating  to  electronic
 prescriptions, is amended to read as follows:
   §  9.  This  act shall take effect immediately; provided however, that
 sections one and two of this act shall take effect on the first of  June
 next  succeeding  the date on which it shall have become a law and shall
 expire and be deemed repealed [four years  after  such  effective  date]
 JUNE 1, 2023.
   §  2. 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 11  of
 part I of chapter 57 of the laws of 2017, 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, [2020] 2023.
   § 3. Paragraph (e-1) of subdivision 12 of section 2808 of  the  public
 health law, as amended by section 12 of part I of chapter 57 of the laws
 of 2017, 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, AND OF UP
 TO  FIVE  HUNDRED  MILLION  DOLLARS  IN SUCH AGGREGATE ANNUAL ADDITIONAL
 PAYMENTS FOR THE STATE FISCAL YEARS BEGINNING APRIL FIRST, TWO  THOUSAND
 TWENTY, APRIL FIRST, TWO THOUSAND TWENTY-ONE, AND APRIL FIRST, TWO THOU-
 SAND  TWENTY-TWO.  The amount allocated to each eligible public residen-
 tial health care facility for this period shall be computed  in  accord-
 ance 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  repre-

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 sentative  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.
   § 4. 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 13  of  part  I  of
 chapter 57 of the laws of 2017, 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, [2020] 2023, 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.
   § 5. 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 14 of part I of chapter 57 of the laws of 2017,  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, [2020] 2023 when upon such date the provisions of such section shall
 be deemed repealed.
   §  6.  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 15 of part I of chapter 57 of the laws of 2017,  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, [2020] 2023;
   § 7. 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  16  of  part I of chapter 57 of the laws of 2017, 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, [2020] 2023; 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, [2020] 2023; and provided, further, however,
 that the amendments to subdivision 1 of section 241 of the education law

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 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.
   § 8. Subdivision 3 of section 2999-p of  the  public  health  law,  as
 amended  by  section  17 of part I of chapter 57 of the laws of 2017, 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
 [twenty] TWENTY-FOUR.
   § 9. Subdivision (a) of section 31 of part B of chapter 59 of the laws
 of 2016, amending the social services law and  other  laws  relating  to
 authorizing  the  commissioner  of health to apply federally established
 consumer price index penalties for generic drugs,  and  authorizing  the
 commissioner  of  health  to  impose penalties on managed care plans for
 reporting late or incorrect encounter data, as amended by section  1  of
 part T of chapter 57 of the laws of 2018, is amended to read as follows:
   (a)  section  eleven  of  this act shall expire and be deemed repealed
 March 31, [2020] 2022;
   § 10. Subdivision 1-a of section 60 of part B of  chapter  57  of  the
 laws  of  2015, amending the social services law and other laws relating
 to supplemental rebates, as added by section 5-b of part T of chapter 57
 of the laws of 2018, is amended to read as follows:
   1-a. section fifty-two of this act shall expire and be deemed repealed
 March 31, [2020] 2025;
   § 11. Section 7 of part H of chapter 57 of the laws of 2019,  amending
 the  public  health  law  relating  to waiver of certain regulations, is
 amended to read as follows:
   § 7. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2019, provided,
 however,  that  section  two of this act shall expire on April 1, [2020]
 2024.
   § 12. Section 228 of chapter 474 of the laws  of  1996,  amending  the
 education  law  and  other laws relating to rates for residential health
 care facilities, as amended by chapter  49  of  the  laws  of  2017,  is
 amended to read as follows:
   §  228.  1.  Definitions.  (a)  Regions, for purposes of this section,
 shall mean a downstate region to consist of Kings, New  York,  Richmond,
 Queens,  Bronx,  Nassau  and  Suffolk  counties and an upstate region to
 consist of all other New York state counties. A  certified  home  health
 agency  or  long  term  home health care program shall be located in the
 same county utilized by the commissioner of health for the establishment
 of rates pursuant to article 36 of the public health law.
   (b) Certified home health  agency  (CHHA)  shall  mean  such  term  as
 defined in section 3602 of the public health law.
   (c)  Long  term home health care program (LTHHCP) shall mean such term
 as defined in subdivision 8 of section 3602 of the public health law.
   (d) Regional group shall mean all those CHHAs and LTHHCPs, respective-
 ly, located within a region.
   (e) Medicaid revenue percentage, for purposes of this  section,  shall
 mean  CHHA  and  LTHHCP  revenues  attributable  to services provided to
 persons eligible for payments pursuant to title 11 of article 5  of  the

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 social services law divided by such revenues plus CHHA and LTHHCP reven-
 ues attributable to services provided to beneficiaries of Title XVIII of
 the federal social security act (medicare).
   (f)  Base  period,  for  purposes of this section, shall mean calendar
 year 1995.
   (g) Target period. For purposes of this section, the 1996 target peri-
 od shall mean August 1, 1996 through March 31,  1997,  the  1997  target
 period  shall  mean  January 1, 1997 through November 30, 1997, the 1998
 target period shall mean January 1, 1998 through November 30, 1998,  the
 1999 target period shall mean January 1, 1999 through November 30, 1999,
 the  2000  target period shall mean January 1, 2000 through November 30,
 2000, the 2001 target period shall mean January 1, 2001 through November
 30, 2001, the 2002 target period shall  mean  January  1,  2002  through
 November  30,  2002,  the  2003 target period shall mean January 1, 2003
 through November 30, 2003, the 2004 target period shall mean January  1,
 2004  through  November  30, 2004, and the 2005 target period shall mean
 January 1, 2005 through November 30, 2005, the 2006 target period  shall
 mean  January  1,  2006  through  November 30, 2006, and the 2007 target
 period shall mean January 1, 2007 through November 30, 2007 and the 2008
 target period shall mean January 1, 2008 through November 30, 2008,  and
 the  2009  target period shall mean January 1, 2009 through November 30,
 2009 and the 2010 target period  shall  mean  January  1,  2010  through
 November  30, 2010 and the 2011 target period shall mean January 1, 2011
 through November 30, 2011 and the 2012 target period shall mean  January
 1,  2012 through November 30, 2012 and the 2013 target period shall mean
 January 1, 2013 through November 30, 2013, and the  2014  target  period
 shall mean January 1, 2014 through November 30, 2014 and the 2015 target
 period shall mean January 1, 2015 through November 30, 2015 and the 2016
 target  period  shall mean January 1, 2016 through November 30, 2016 and
 the 2017 target period shall mean January 1, 2017 through  November  30,
 2017  and  the  2018  target  period  shall mean January 1, 2018 through
 November 30, 2018 and the 2019 target period shall mean January 1,  2019
 through  November 30, 2019 and the 2020 target period shall mean January
 1, 2020 through November 30, 2020, AND THE 2021 TARGET PERIOD SHALL MEAN
 JANUARY 1, 2021 THROUGH NOVEMBER 30, 2021 AND  THE  2022  TARGET  PERIOD
 SHALL MEAN JANUARY 1, 2022 THROUGH NOVEMBER 30, 2022 AND THE 2023 TARGET
 PERIOD SHALL MEAN JANUARY 1, 2023 THROUGH NOVEMBER 30, 2023.
   2.  (a) Prior to February 1, 1997, for each regional group the commis-
 sioner of health shall calculate the 1996 medicaid  revenue  percentages
 for the period commencing August 1, 1996 to the last date for which such
 data is available and reasonably accurate.
   (b)  Prior  to  February  1, 1998, prior to February 1, 1999, prior to
 February 1, 2000, prior to February 1, 2001, prior to February 1,  2002,
 prior  to February 1, 2003, prior to February 1, 2004, prior to February
 1, 2005, prior to February 1, 2006, prior to February 1, 2007, prior  to
 February  1, 2008, prior to February 1, 2009, prior to February 1, 2010,
 prior to February 1, 2011, prior to February 1, 2012, prior to  February
 1,  2013, prior to February 1, 2014, prior to February 1, 2015, prior to
 February 1, 2016, prior to February 1, 2017, prior to February 1,  2018,
 prior  to  February  1,  2019, [and] prior to February 1, 2020, PRIOR TO
 FEBRUARY 1, 2021, PRIOR TO FEBRUARY 1, 2022, AND PRIOR  TO  FEBRUARY  1,
 2023  for each regional group the commissioner of health shall calculate
 the prior year's medicaid revenue percentages for the period  commencing
 January 1 through November 30 of such prior year.
   3.  By September 15, 1996, for each regional group the commissioner of
 health shall calculate the base period medicaid revenue percentage.

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   4. (a) For each regional  group,  the  1996  target  medicaid  revenue
 percentage  shall be calculated by subtracting the 1996 medicaid revenue
 reduction percentages from the base period medicaid revenue percentages.
 The 1996 medicaid revenue  reduction  percentage,  taking  into  account
 regional and program differences in utilization of medicaid and medicare
 services, for the following regional groups shall be equal to:
   (i)  one  and one-tenth percentage points for CHHAs located within the
 downstate region;
   (ii) six-tenths of one percentage point for CHHAs located  within  the
 upstate region;
   (iii) one and eight-tenths percentage points for LTHHCPs located with-
 in the downstate region; and
   (iv) one and seven-tenths percentage points for LTHHCPs located within
 the upstate region.
   (b)  For  1997,  1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,  2018,  2019
 [and],  2020,  2021,  2022  AND 2023 for each regional group, the target
 medicaid revenue percentage for the respective year shall be  calculated
 by subtracting the respective year's medicaid revenue reduction percent-
 age  from  the  base  period  medicaid  revenue percentage. The medicaid
 revenue reduction percentages for 1997, 1998, 2000,  2001,  2002,  2003,
 2004,  2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015,
 2016, 2017, 2018, 2019 [and], 2020, 2021, 2022  AND  2023,  taking  into
 account  regional and program differences in utilization of medicaid and
 medicare services, for the following regional groups shall be  equal  to
 for each such year:
   (i)  one  and one-tenth percentage points for CHHAs located within the
 downstate region;
   (ii) six-tenths of one percentage point for CHHAs located  within  the
 upstate region;
   (iii) one and eight-tenths percentage points for LTHHCPs located with-
 in the downstate region; and
   (iv) one and seven-tenths percentage points for LTHHCPs located within
 the upstate region.
   (c) For each regional group, the 1999 target medicaid revenue percent-
 age  shall  be  calculated  by  subtracting  the  1999  medicaid revenue
 reduction percentage from the base period medicaid  revenue  percentage.
 The  1999  medicaid  revenue  reduction percentages, taking into account
 regional and program differences in utilization of medicaid and medicare
 services, for the following regional groups shall be equal to:
   (i) eight hundred twenty-five thousandths  (.825)  of  one  percentage
 point for CHHAs located within the downstate region;
   (ii)  forty-five  hundredths  (.45)  of one percentage point for CHHAs
 located within the upstate region;
   (iii) one and thirty-five  hundredths  percentage  points  (1.35)  for
 LTHHCPs located within the downstate region; and
   (iv)  one  and  two hundred seventy-five thousandths percentage points
 (1.275) for LTHHCPs located within the upstate region.
   5. (a) For each regional group, if the 1996 medicaid revenue  percent-
 age  is  not  equal  to  or  less  than the 1996 target medicaid revenue
 percentage, the commissioner of health shall compare the  1996  medicaid
 revenue  percentage  to  the  1996 target medicaid revenue percentage to
 determine the amount of the shortfall which, when divided  by  the  1996
 medicaid   revenue  reduction  percentage,  shall  be  called  the  1996
 reduction factor. These amounts, expressed as a  percentage,  shall  not
 exceed  one  hundred percent. If the 1996 medicaid revenue percentage is

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 equal to or less than the 1996 target medicaid revenue  percentage,  the
 1996 reduction factor shall be zero.
   (b)  For  1997,  1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016,  2017,  2018
 [and],  2019, 2020, 2021, 2022 AND 2023, for each regional group, if the
 medicaid revenue percentage for the respective year is not equal  to  or
 less  than  the  target  medicaid revenue percentage for such respective
 year, the commissioner of health shall compare  such  respective  year's
 medicaid  revenue  percentage  to such respective year's target medicaid
 revenue percentage to determine the amount of the shortfall which,  when
 divided  by the respective year's medicaid revenue reduction percentage,
 shall be called the reduction factor for  such  respective  year.  These
 amounts,  expressed  as  a  percentage,  shall  not  exceed  one hundred
 percent. If the medicaid revenue percentage for  a  particular  year  is
 equal  to  or  less than the target medicaid revenue percentage for that
 year, the reduction factor for that year shall be zero.
   6. (a) For each regional group, the 1996  reduction  factor  shall  be
 multiplied  by  the following amounts to determine each regional group's
 applicable 1996 state share reduction amount:
   (i) two million three hundred ninety thousand dollars ($2,390,000) for
 CHHAs located within the downstate region;
   (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
 within the upstate region;
   (iii) one million two hundred seventy  thousand  dollars  ($1,270,000)
 for LTHHCPs located within the downstate region; and
   (iv)  five  hundred  ninety  thousand  dollars  ($590,000) for LTHHCPs
 located within the upstate region.
   For each regional group reduction, if the 1996 reduction factor  shall
 be zero, there shall be no 1996 state share reduction amount.
   (b)  For  1997,  1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,  2018,  2019
 [and], 2020, 2021, 2022 AND 2023, for each regional group, the reduction
 factor  for  the  respective  year  shall be multiplied by the following
 amounts to  determine  each  regional  group's  applicable  state  share
 reduction amount for such respective year:
   (i) two million three hundred ninety thousand dollars ($2,390,000) for
 CHHAs located within the downstate region;
   (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
 within the upstate region;
   (iii)  one  million  two hundred seventy thousand dollars ($1,270,000)
 for LTHHCPs located within the downstate region; and
   (iv) five hundred  ninety  thousand  dollars  ($590,000)  for  LTHHCPs
 located within the upstate region.
   For  each  regional  group  reduction,  if  the reduction factor for a
 particular year shall be zero, there shall be no state  share  reduction
 amount for such year.
   (c) For each regional group, the 1999 reduction factor shall be multi-
 plied by the following amounts to determine each regional group's appli-
 cable 1999 state share reduction amount:
   (i) one million seven hundred ninety-two thousand five hundred dollars
 ($1,792,500) for CHHAs located within the downstate region;
   (ii)  five  hundred sixty-two thousand five hundred dollars ($562,500)
 for CHHAs located within the upstate region;
   (iii) nine hundred fifty-two thousand five hundred dollars  ($952,500)
 for LTHHCPs located within the downstate region; and

 S. 7507--A                         90                         A. 9507--A
 
   (iv)  four  hundred forty-two thousand five hundred dollars ($442,500)
 for LTHHCPs located within the upstate region.
   For  each regional group reduction, if the 1999 reduction factor shall
 be zero, there shall be no 1999 state share reduction amount.
   7. (a) For each regional group, the 1996 state share reduction  amount
 shall be allocated by the commissioner of health among CHHAs and LTHHCPs
 on  the  basis  of  the  extent  of  each CHHA's and LTHHCP's failure to
 achieve the 1996 target medicaid revenue  percentage,  calculated  on  a
 provider  specific  basis utilizing revenues for this purpose, expressed
 as a proportion of the total of each  CHHA's  and  LTHHCP's  failure  to
 achieve  the 1996 target medicaid revenue percentage within the applica-
 ble regional group. This proportion shall be multiplied by the  applica-
 ble  1996 state share reduction amount calculation pursuant to paragraph
 (a) of subdivision 6 of this section. This amount shall  be  called  the
 1996 provider specific state share reduction amount.
   (b)  For  1997,  1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,  2018,
 2019 [and], 2020, 2021, 2022 AND 2023 for each regional group, the state
 share reduction amount for the respective year shall be allocated by the
 commissioner  of  health  among  CHHAs  and  LTHHCPs on the basis of the
 extent of each CHHA's and LTHHCP's failure to achieve the  target  medi-
 caid revenue percentage for the applicable year, calculated on a provid-
 er  specific  basis  utilizing revenues for this purpose, expressed as a
 proportion of the total of each CHHA's and LTHHCP's failure  to  achieve
 the  target  medicaid  revenue percentage for the applicable year within
 the applicable regional group. This proportion shall  be  multiplied  by
 the  applicable year's state share reduction amount calculation pursuant
 to paragraph (b) or (c) of subdivision 6 of this  section.  This  amount
 shall  be  called the provider specific state share reduction amount for
 the applicable year.
   8. (a) The 1996 provider specific state share reduction  amount  shall
 be due to the state from each CHHA and LTHHCP and may be recouped by the
 state  by  March  31, 1997 in a lump sum amount or amounts from payments
 due to the CHHA and LTHHCP pursuant to title 11  of  article  5  of  the
 social services law.
   (b) The provider specific state share reduction amount for 1997, 1998,
 1999,  2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,
 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and], 2020,  2021,
 2022 AND 2023 respectively, shall be due to the state from each CHHA and
 LTHHCP and each year the amount due for such year may be recouped by the
 state  by March 31 of the following year in a lump sum amount or amounts
 from payments due to the CHHA and LTHHCP pursuant to title 11 of article
 5 of the social services law.
   9. CHHAs and LTHHCPs shall submit such data and  information  at  such
 times  as  the  commissioner  of health may require for purposes of this
 section. The commissioner of health may use data available  from  third-
 party payors.
   10. On or about June 1, 1997, for each regional group the commissioner
 of  health  shall  calculate for the period August 1, 1996 through March
 31, 1997 a medicaid revenue percentage,  a  reduction  factor,  a  state
 share  reduction  amount,  and a provider specific state share reduction
 amount in accordance with the methodology provided in paragraph  (a)  of
 subdivision 2, paragraph (a) of subdivision 5, paragraph (a) of subdivi-
 sion  6 and paragraph (a) of subdivision 7 of this section. The provider
 specific state share reduction amount calculated in accordance with this
 subdivision shall be compared to the 1996 provider specific state  share

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 reduction amount calculated in accordance with paragraph (a) of subdivi-
 sion 7 of this section. Any amount in excess of the amount determined in
 accordance  with paragraph (a) of subdivision 7 of this section shall be
 due  to  the  state  from  each  CHHA  and LTHHCP and may be recouped in
 accordance with paragraph (a) of subdivision 8 of this section.  If  the
 amount  is  less than the amount determined in accordance with paragraph
 (a) of subdivision 7 of this section, the difference shall  be  refunded
 to  the  CHHA and LTHHCP by the state no later than July 15, 1997. CHHAs
 and LTHHCPs shall submit data for the  period  August  1,  1996  through
 March 31, 1997 to the commissioner of health by April 15, 1997.
   11.  If  a  CHHA  or  LTHHCP  fails  to submit data and information as
 required for purposes of this section:
   (a) such CHHA or LTHHCP shall be presumed to have no decrease in medi-
 caid revenue percentage between  the  applicable  base  period  and  the
 applicable  target  period  for purposes of the calculations pursuant to
 this section; and
   (b) the commissioner of health shall reduce the current rate  paid  to
 such  CHHA  and  such  LTHHCP by state governmental agencies pursuant to
 article 36 of the public health law by one percent for a  period  begin-
 ning on the first day of the calendar month following the applicable due
 date  as  established by the commissioner of health and continuing until
 the last day of the calendar month in which the required data and infor-
 mation are submitted.
   12. The commissioner of health shall inform in writing the director of
 the budget and the chair of the senate finance committee and  the  chair
 of  the  assembly  ways and means committee of the results of the calcu-
 lations pursuant to this section.
   § 13. Paragraph (f) of subdivision 1 of section 64 of  chapter  81  of
 the laws of 1995, amending the public health law and other laws relating
 to medical reimbursement and welfare reform, as amended by chapter 49 of
 the laws of 2017, is amended to read as follows:
   (f)  Prior  to  February  1, 2001, February 1, 2002, February 1, 2003,
 February 1, 2004, February 1, 2005, February 1, 2006, February 1,  2007,
 February  1, 2008, February 1, 2009, February 1, 2010, February 1, 2011,
 February 1, 2012, February 1, 2013, February 1, 2014, February 1,  2015,
 February  1,  2016, February 1, 2017, February 1, 2018, February 1, 2019
 [and], February 1, 2020, FEBRUARY 1, 2021, FEBRUARY 1, 2022 AND FEBRUARY
 1, 2023, the commissioner of health shall calculate the  result  of  the
 statewide  total  of  residential  health  care  facility  days  of care
 provided to beneficiaries of title XVIII of the federal social  security
 act  (medicare),  divided  by  the sum of such days of care plus days of
 care provided to residents eligible for payments pursuant to title 11 of
 article 5 of the social services law minus the number of  days  provided
 to  residents receiving hospice care, expressed as a percentage, for the
 period commencing January 1, through November  30,  of  the  prior  year
 respectively,  based  on  such data for such period. This value shall be
 called the 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,  2008,  2009,
 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,  2019 [and], 2020,
 2021, 2022 AND 2023 statewide target percentage respectively.
   §  14.  Subparagraph (ii) of paragraph (b) of subdivision 3 of section
 64 of chapter 81 of the laws of 1995, amending the public health law and
 other laws relating to medical  reimbursement  and  welfare  reform,  as
 amended  by  chapter  49  of  the  laws  of  2017, is amended to read as
 follows:
   (ii) If the 1997, 1998, 2000, 2001,  2002,  2003,  2004,  2005,  2006,
 2007,  2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,

 S. 7507--A                         92                         A. 9507--A
 
 2019 [and], 2020, 2021, 2022 AND 2023 statewide target  percentages  are
 not  for  each  year  at  least  three percentage points higher than the
 statewide base percentage, the commissioner of  health  shall  determine
 the percentage by which the statewide target percentage for each year is
 not  at  least  three  percentage  points higher than the statewide base
 percentage. The percentage calculated pursuant to this  paragraph  shall
 be  called  the  1997,  1998,  2000, 2001, 2002, 2003, 2004, 2005, 2006,
 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,  2018,
 2019  [and],  2020,  2021,  2022 AND 2023 statewide reduction percentage
 respectively. If the 1997, 1998, 2000, 2001,  2002,  2003,  2004,  2005,
 2006,  2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,
 2018, 2019 [and], 2020, 2021, 2022 AND 2023 statewide target  percentage
 for  the respective year is at least three percentage points higher than
 the statewide base percentage, the statewide  reduction  percentage  for
 the respective year shall be zero.
   §  15. Subparagraph (iii) of paragraph (b) of subdivision 4 of section
 64 of chapter 81 of the laws of 1995, amending the public health law and
 other laws relating to medical  reimbursement  and  welfare  reform,  as
 amended  by  chapter  49  of  the  laws  of  2017, is amended to read as
 follows:
   (iii) The 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,  2008,
 2009,  2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and],
 2020, 2021, 2022 AND 2023 statewide reduction percentage shall be multi-
 plied by one hundred two million dollars respectively to  determine  the
 1998,  2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,
 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and], 2020,  2021,
 2022  AND 2023 statewide aggregate reduction amount. If the 1998 and the
 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,  2011,
 2012,  2013,  2014, 2015, 2016, 2017, 2018, 2019 [and], 2020, 2021, 2022
 AND 2023 statewide reduction  percentage  shall  be  zero  respectively,
 there  shall be no 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,  2018,  2019
 [and] 2020, 2021, 2022 AND 2023 reduction amount.
   §  16.  Subdivision (i-1) of section 79 of part C of chapter 58 of the
 laws of 2008, amending the social services law and the public health law
 relating to adjustments of rates, as amended by section 5 of chapter  49
 of the laws of 2017, is amended to read as follows:
   (i-1)  section  thirty-one-a of this act shall be deemed repealed July
 1, [2020] 2021;
   § 17. Paragraph (e) of subdivision  seven  of  section  367-a  of  the
 social  services  law, as amended by section 5-a of part T of chapter 57
 of the laws of 2018, is amended to read as follows:
   (e) During the period from April first, two thousand  fifteen  through
 March thirty-first, two thousand [twenty] TWENTY-THREE, the commissioner
 may,  in  lieu  of a managed care provider, negotiate directly and enter
 into an agreement with a pharmaceutical manufacturer for  the  provision
 of supplemental rebates relating to pharmaceutical utilization by enrol-
 lees  of managed care providers pursuant to section three hundred sixty-
 four-j of this title and may also negotiate directly and enter into such
 an agreement relating to pharmaceutical utilization by  medical  assist-
 ance  recipients not so enrolled. Such rebates shall be limited to, drug
 utilization in the following classes: antiretrovirals  approved  by  the
 FDA  for  the treatment of HIV/AIDS and hepatitis C agents for which the
 pharmaceutical manufacturer has in effect a rebate  agreement  with  the
 federal  secretary  of health and human services pursuant to 42 U.S.C. §
 1396r-8, and for which  the  state  has  established  standard  clinical

 S. 7507--A                         93                         A. 9507--A
 
 criteria.  No  agreement  entered  into pursuant to this paragraph shall
 have an initial term or be extended beyond the expiration or  repeal  of
 this paragraph.
   §  18. Subdivision 1 of section 60 of part B of chapter 57 of the laws
 of 2015, amending the social services law and  other  laws  relating  to
 supplemental  rebates, as amended by section 5-b of part T of chapter 57
 of the laws of 2018, is amended to read as follows:
   1. section one of this act shall expire and be deemed  repealed  March
 31, [2023] 2026;
   §  19.  Subdivision  4-a  of section 71 of part C of chapter 60 of the
 laws of 2014, amending the social services law relating to fair hearings
 held in connection with appeals under the fully integrated duals  advan-
 tage  demonstration  program,  as amended by section 6 of chapter 106 of
 the laws of 2018, 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, 2021];
   §  20.  Subdivision  2-a  of  section 22 of the social services law is
 amended to read as follows:
   2-a. With regard to fair hearings  held  in  connection  with  appeals
 [under  the  fully integrated duals advantage demonstration program] FOR
 INTEGRATED FAIR HEARING AND APPEALS  PROCESSES  FOR  INDIVIDUALS  DUALLY
 ELIGIBLE  FOR  MEDICAL  ASSISTANCE  AND  BENEFITS AVAILABLE UNDER TITLES
 XVIII AND XIX OF THE FEDERAL SOCIAL SECURITY ACT, the  commissioner  may
 contract  for the sole purpose of assisting staff of the office for such
 purpose.
   § 21. Subdivision 5-d of section 2807-k of the public health  law,  as
 amended  by  section  2  of part A of chapter 57 of the laws of 2018, is
 amended to read as follows:
   5-d. (a) Notwithstanding any inconsistent provision of  this  section,
 section  twenty-eight  hundred  seven-w  of  this  article  or any other
 contrary provision of law, and subject to the  availability  of  federal
 financial  participation,  for  periods  on and after January first, two
 thousand thirteen, through March  thirty-first,  two  thousand  [twenty]
 TWENTY-THREE,  all  funds  available  for  distribution pursuant to this
 section, except for funds distributed pursuant to  subparagraph  (v)  of
 paragraph  (b)  of  subdivision  five-b  of  this section, and all funds
 available for distribution  pursuant  to  section  twenty-eight  hundred
 seven-w of this article, shall be reserved and set aside and distributed
 in accordance with the provisions of this subdivision.
   (b)  The commissioner shall promulgate regulations, and may promulgate
 emergency regulations, establishing methodologies for  the  distribution
 of  funds  as  described  in  paragraph (a) of this subdivision and such
 regulations shall include, but not be limited to, the following:
   (i) Such regulations shall  establish  methodologies  for  determining
 each  facility's  relative uncompensated care need amount based on unin-
 sured inpatient and outpatient units of service from the cost  reporting
 year  two years prior to the distribution year, multiplied by the appli-
 cable medicaid rates in effect January first of the  distribution  year,
 as summed and adjusted by a statewide cost adjustment factor and reduced
 by  the  sum  of  all  payment  amounts  collected  from  such uninsured
 patients, and as further adjusted  by  application  of  a  nominal  need
 computation  that shall take into account each facility's medicaid inpa-
 tient share.
   (ii) Annual distributions pursuant to such  regulations  for  the  two
 thousand  thirteen  through  two  thousand  [twenty] TWENTY-TWO calendar
 years shall be in accord with the following:

 S. 7507--A                         94                         A. 9507--A

   (A) one hundred thirty-nine  million  four  hundred  thousand  dollars
 shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
 payments to major public general hospitals; and
   (B)  nine hundred ninety-four million nine hundred thousand dollars as
 Medicaid DSH payments to eligible general hospitals,  other  than  major
 public general hospitals.
   (iii)(A)  Such  regulations  shall establish transition adjustments to
 the distributions made pursuant to clauses (A) and (B)  of  subparagraph
 (ii)  of this paragraph such that no facility experiences a reduction in
 indigent care pool payments pursuant to this subdivision that is greater
 than the percentages, as specified in clause (C) of this subparagraph as
 compared to the average distribution that each  such  facility  received
 for  the three calendar years prior to two thousand thirteen pursuant to
 this section and section twenty-eight hundred seven-w of this article.
   (B) Such regulations shall also  establish  adjustments  limiting  the
 increases  in  indigent  care  pool  payments  experienced by facilities
 pursuant to this subdivision by an amount that will be, as determined by
 the commissioner and in conjunction with such other funding  as  may  be
 available  for  this  purpose, sufficient to ensure full funding for the
 transition adjustment payments authorized by clause (A) of this subpara-
 graph.
   (C) No facility shall experience a reduction  in  indigent  care  pool
 payments pursuant to this subdivision that: for the calendar year begin-
 ning  January first, two thousand thirteen, is greater than two and one-
 half percent; for the calendar year beginning January first,  two  thou-
 sand  fourteen, is greater than five percent; and, for the calendar year
 beginning on January first, two thousand fifteen; is greater than  seven
 and  one-half  percent,  and  for the calendar year beginning on January
 first, two thousand sixteen, is greater than ten percent;  and  for  the
 calendar  year  beginning  on  January first, two thousand seventeen, is
 greater than twelve and one-half percent;  and  for  the  calendar  year
 beginning  on  January  first,  two  thousand  eighteen, is greater than
 fifteen percent; and for the calendar year beginning on  January  first,
 two  thousand  nineteen, is greater than seventeen and one-half percent;
 and for the calendar year beginning on January first, two thousand twen-
 ty, is greater than twenty percent; AND FOR THE CALENDAR YEAR  BEGINNING
 ON  JANUARY  FIRST,  TWO THOUSAND TWENTY-ONE, IS GREATER THAN TWENTY-TWO
 AND A HALF PERCENT; AND FOR  THE  CALENDAR  YEAR  BEGINNING  ON  JANUARY
 FIRST, TWO THOUSAND TWENTY-TWO, IS GREATER THAN TWENTY-FIVE PERCENT.
   (iv) Such regulations shall reserve one percent of the funds available
 for  distribution  in the two thousand fourteen and two thousand fifteen
 calendar years, and for calendar  years  thereafter,  pursuant  to  this
 subdivision,  subdivision  fourteen-f  of  section  twenty-eight hundred
 seven-c of this article, and sections two hundred eleven and two hundred
 twelve of chapter four hundred seventy-four  of  the  laws  of  nineteen
 hundred  ninety-six,  in  a  "financial  assistance compliance pool" and
 shall establish methodologies for the distribution of such pool funds to
 facilities based on their level of  compliance,  as  determined  by  the
 commissioner, with the provisions of subdivision nine-a of this section.
   (c)  The  commissioner  shall  annually report to the governor and the
 legislature on the distribution of funds under this subdivision  includ-
 ing, but not limited to:
   (i) the impact on safety net providers, including community providers,
 rural general hospitals and major public general hospitals;
   (ii)  the  provision  of  indigent care by units of services and funds
 distributed by general hospitals; and

 S. 7507--A                         95                         A. 9507--A
 
   (iii) the extent to which access to care has been enhanced.
   §  22.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2020.
 
                                  PART G
 
   Section 1. The insurance law is amended by adding a new section 111 to
 read as follows:
   §  111.  INVESTIGATION  BY  THE   SUPERINTENDENT   WITH   RESPECT   TO
 PRESCRIPTION  DRUGS. (A) WHENEVER IT SHALL APPEAR TO THE SUPERINTENDENT,
 EITHER UPON COMPLAINT OR OTHERWISE, THAT IN THE ADVERTISEMENT,  PURCHASE
 OR  SALE  WITHIN  THIS  STATE OF ANY PRESCRIPTION DRUG, WHICH IS CONTEM-
 PLATED TO BE PAID BY A POLICY APPROVED BY THE  DEPARTMENT  FOR  OFFERING
 WITHIN  THE STATE, HAS INCREASED OVER THE COURSE OF ANY TWELVE MONTHS BY
 MORE THAN ONE HUNDRED PERCENT AND IF IT IS SUSPECTED  THAT  ANY  PERSON,
 PARTNERSHIP, CORPORATION, COMPANY, TRUST OR ASSOCIATION, OR ANY AGENT OR
 EMPLOYEE THEREOF, SHALL HAVE EMPLOYED, OR EMPLOYS, OR IS ABOUT TO EMPLOY
 ANY  DEVICE,  SCHEME  OR  ARTIFICE  TO DEFRAUD OR FOR OBTAINING MONEY OR
 PROPERTY BY MEANS OF ANY FALSE PRETENSE, REPRESENTATION OR  PROMISE,  OR
 THAT  ANY  PERSON,  PARTNERSHIP,  CORPORATION, COMPANY, TRUST OR ASSOCI-
 ATION, OR ANY AGENT OR EMPLOYEE  THEREOF,  SHALL  HAVE  MADE,  MAKES  OR
 ATTEMPTS  TO  MAKE WITHIN OR FROM THIS STATE OR SHALL HAVE ENGAGED IN OR
 ENGAGES IN OR IS ABOUT TO ENGAGE  IN  ANY  PRACTICE  OR  TRANSACTION  OR
 COURSE  OF  BUSINESS  RELATING  TO  THE  PURCHASE,  EXCHANGE, OR SALE OF
 PRESCRIPTION DRUGS WHICH IS FRAUDULENT OR IN VIOLATION OF LAW AND  WHICH
 HAS  OPERATED  OR  WHICH WOULD OPERATE AS A FRAUD UPON THE PURCHASER, OR
 THAT ANY AGENT OR EMPLOYEE THEREOF, HAS SOLD OR OFFERED FOR SALE  OR  IS
 ATTEMPTING  TO  SELL  OR  IS OFFERING FOR SALE ANY PRESCRIPTION DRUG FOR
 WHICH THE PRICE HAS INCREASED ONE HUNDRED PERCENT OVER THE PRIOR  CALEN-
 DAR  YEAR, AND THE SUPERINTENDENT BELIEVES IT TO BE IN THE PUBLIC INTER-
 EST THAT AN  INVESTIGATION  BE  MADE,  HE  OR  SHE  MAY  IN  THEIR  SOLE
 DISCRETION  EITHER  REQUIRE  OR  PERMIT SUCH PERSON, PARTNERSHIP, CORPO-
 RATION, COMPANY, TRUST OR ASSOCIATION, OR ANY AGENT OR EMPLOYEE THEREOF,
 TO FILE WITH THE DEPARTMENT A STATEMENT IN WRITING UNDER OATH OR  OTHER-
 WISE AS TO ALL THE FACTS AND CIRCUMSTANCES CONCERNING THE PRICE INCREASE
 WHICH  HE  OR  SHE BELIEVES IT IS TO THE PUBLIC INTEREST TO INVESTIGATE,
 AND FOR THAT PURPOSE MAY PRESCRIBE  FORMS  UPON  WHICH  SUCH  STATEMENTS
 SHALL  BE  MADE. THE SUPERINTENDENT MAY ALSO REQUIRE SUCH OTHER DATA AND
 INFORMATION AS HE OR SHE MAY DEEM RELEVANT AND MAY MAKE SUCH SPECIAL AND
 INDEPENDENT INVESTIGATIONS AS HE OR SHE MAY DEEM NECESSARY IN CONNECTION
 WITH THE MATTER.
   (B) IN ADDITION TO ANY OTHER POWER GRANTED BY LAW, THE SUPERINTENDENT,
 HIS OR HER DEPUTY OR OTHER OFFICER DESIGNATED BY THE  SUPERINTENDENT  IS
 EMPOWERED  TO  SUBPOENA WITNESSES, COMPEL THEIR ATTENDANCE, EXAMINE THEM
 UNDER OATH AND REQUIRE THE PRODUCTION OF ANY BOOKS OR PAPERS WHICH HE OR
 SHE DEEMS RELEVANT OR MATERIAL TO THE INQUIRY.  SUCH POWER  OF  SUBPOENA
 AND  EXAMINATION SHALL NOT ABATE OR TERMINATE BY REASON OF ANY ACTION OR
 PROCEEDING BROUGHT BY THE ATTORNEY GENERAL.
   (C) NO  PERSON  SHALL  BE  EXCUSED  FROM  ATTENDING  SUCH  INQUIRY  IN
 PURSUANCE  TO  THE  MANDATES OF A SUBPOENA, OR FROM PRODUCING A PAPER OR
 BOOK, OR FROM BEING EXAMINED OR REQUIRED TO ANSWER  A  QUESTION  ON  THE
 GROUND  OF FAILURE OF TENDER OR PAYMENT OF A WITNESS FEE AND/OR MILEAGE,
 UNLESS AT THE TIME OF SUCH APPEARANCE OR PRODUCTION, AS THE CASE MAY BE,
 SUCH WITNESS MAKES DEMAND FOR SUCH PAYMENT AS A CONDITION  PRECEDENT  TO
 THE  OFFERING  OF  TESTIMONY  OR PRODUCTION REQUIRED BY THE SUBPOENA AND
 UNLESS SUCH PAYMENT IS NOT THEREUPON MADE. THE PROVISIONS FOR PAYMENT OF

 S. 7507--A                         96                         A. 9507--A
 
 WITNESS FEE AND/OR MILEAGE SHALL NOT APPLY TO ANY OFFICER,  DIRECTOR  OR
 PERSON  IN  THE EMPLOY OF ANY PERSON, PARTNERSHIP, CORPORATION, COMPANY,
 TRUST OR ASSOCIATION WHOSE CONDUCT OR PRACTICES ARE BEING INVESTIGATED.
   (D)  IF  A  PERSON SUBPOENAED TO ATTEND SUCH INQUIRY FAILS TO OBEY THE
 COMMAND OF A SUBPOENA WITHOUT  REASONABLE  CAUSE,  OR  IF  A  PERSON  IN
 ATTENDANCE UPON SUCH INQUIRY SHALL WITHOUT REASONABLE CAUSE REFUSE TO BE
 SWORN  OR TO BE EXAMINED OR TO ANSWER A QUESTION OR TO PRODUCE A BOOK OR
 PAPER WHEN ORDERED SO TO DO BY THE OFFICER CONDUCTING SUCH  INQUIRY,  OR
 IF  A  PERSON,  PARTNERSHIP,  CORPORATION, COMPANY, TRUST OR ASSOCIATION
 FAILS TO PERFORM ANY ACT REQUIRED BY THIS SECTION TO BE PERFORMED, HE OR
 SHE SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE  SUBJECT  TO  A  CIVIL
 PENALTY AS SET FORTH IN SUBSECTION (E) OF THIS SECTION.
   (E)  (1)  IF  AFTER AN INVESTIGATION AUTHORIZED UNDER THIS SECTION THE
 SUPERINTENDENT DETERMINES THAT  ANY  PERSON,  PARTNERSHIP,  CORPORATION,
 COMPANY,  TRUST  OR ASSOCIATION, OR ANY AGENT OR EMPLOYEE THEREOF, SHALL
 HAVE EMPLOYED ANY DEVICE, SCHEME OR ARTIFICE TO DEFRAUD OR FOR OBTAINING
 MONEY OR PROPERTY BY MEANS OF  ANY  FALSE  PRETENSE,  REPRESENTATION  OR
 PROMISE, OR THAT ANY PERSON, PARTNERSHIP, CORPORATION, COMPANY, TRUST OR
 ASSOCIATION, OR ANY AGENT OR EMPLOYEE THEREOF, SHALL HAVE MADE WITHIN OR
 FROM  THIS STATE OR SHALL HAVE ENGAGED IN ANY PRACTICE OR TRANSACTION OR
 COURSE OF BUSINESS RELATING  TO  THE  PURCHASE,  EXCHANGE,  OR  SALE  OF
 PRESCRIPTION  DRUGS WHICH IS FRAUDULENT OR IN VIOLATION OF LAW AND WHICH
 HAS OPERATED AS A FRAUD UPON  THE  PURCHASER,  THE  SUPERINTENDENT  MAY,
 AFTER  NOTICE  AND  A  HEARING,  LEVY  A CIVIL PENALTY NOT TO EXCEED THE
 GREATER OF: (A) FIVE THOUSAND DOLLARS FOR EACH OFFENSE; (B)  A  MULTIPLE
 OF TWO TIMES THE AGGREGATE DAMAGES ATTRIBUTABLE TO THE OFFENSE; OR (C) A
 MULTIPLE  OF  TWO  TIMES THE AGGREGATE ECONOMIC GAIN ATTRIBUTABLE TO THE
 OFFENSE.
   (2) IF ANY PERSON, PARTNERSHIP, CORPORATION, COMPANY, TRUST OR ASSOCI-
 ATION, THAT FAILS TO SUBMIT A WRITTEN STATEMENT REQUIRED BY  THE  SUPER-
 INTENDENT  UNDER  SUBSECTION  (A) OF THIS SECTION OR VIOLATES SUBSECTION
 (D) OF THIS SECTION, THE SUPERINTENDENT MAY, AFTER NOTICE AND A HEARING,
 LEVY A CIVIL PENALTY NOT TO EXCEED TO ONE THOUSAND DOLLARS PER DAY  THAT
 THE FAILURE CONTINUES.
   (F)  IF  DURING  AN  INVESTIGATION  AUTHORIZED  UNDER THIS SECTION THE
 SUPERINTENDENT DETERMINES THAT  ANY  PERSON,  PARTNERSHIP,  CORPORATION,
 COMPANY, TRUST OR ASSOCIATION, OR ANY AGENT OR EMPLOYEE THEREOF IS PRES-
 ENTLY  TAKING  OR IS ABOUT TO TAKE ANY ACTION IN VIOLATION OF SUBSECTION
 (E) OF THIS SECTION THE SUPERINTENDENT MAY  IN  ADDITION  TO  ALL  OTHER
 REMEDIES AS ARE PROVIDED BY LAW MAINTAIN AND PROSECUTE AN ACTION AGAINST
 SUCH PERSON, PARTNERSHIP, CORPORATION, COMPANY, TRUST OR ASSOCIATION, OR
 ANY AGENT OR EMPLOYEE THEREOF FOR THE PURPOSE OF OBTAINING AN INJUNCTION
 RESTRAINING  SUCH  PERSON,  PARTNERSHIP,  CORPORATION, COMPANY, TRUST OR
 ASSOCIATION, OR ANY AGENT OR EMPLOYEE THEREOF FROM  DOING  ANY  ACTS  IN
 VIOLATION OF THE PROVISIONS OF THIS SECTION.
   §  2. The insurance law is amended by adding a new section 202 to read
 as follows:
   § 202. DRUG ACCOUNTABILITY BOARD. (A) A NINE MEMBER DRUG  ACCOUNTABIL-
 ITY BOARD IS HEREBY CREATED IN THE DEPARTMENT.
   (B)  THE MEMBERS OF THE BOARD SHALL BE APPOINTED BY THE SUPERINTENDENT
 AND SHALL SERVE A THREE-YEAR TERM. MEMBERS MAY BE REAPPOINTED  UPON  THE
 COMPLETION  OF  OTHER  TERMS.  IN  MAKING  APPOINTMENTS TO THE BOARD THE
 SUPERINTENDENT SHALL GIVE CONSIDERATION TO PERSONS:
   (1) LICENSED AND ACTIVELY ENGAGED IN THE PRACTICE OF MEDICINE  IN  THE
 STATE;
   (2) LICENSED AND ACTIVELY PRACTICING IN PHARMACY IN THE STATE;

 S. 7507--A                         97                         A. 9507--A
 
   (3)  WITH  EXPERTISE  IN  DRUG  UTILIZATION REVIEW WHO ARE HEALTH CARE
 PROFESSIONALS LICENSED UNDER TITLE EIGHT OF THE EDUCATION  LAW  AND  WHO
 ARE PHARMACOLOGISTS;
   (4)  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;
   (5) WHO ARE HEALTH CARE ECONOMISTS;
   (6) WHO ARE ACTUARIES; AND
   (7) WHO ARE EXPERTS FROM THE DEPARTMENT OF HEALTH.
   (C) THE SUPERINTENDENT SHALL DESIGNATE A PERSON FROM THE DEPARTMENT TO
 SERVE AS CHAIRPERSON OF THE BOARD.
   (D)  MEMBERS  OF THE BOARD AND ALL ITS AGENTS SHALL BE DEEMED TO BE AN
 "EMPLOYEE" FOR PURPOSES OF SECTION SEVENTEEN OF THE PUBLIC OFFICERS LAW.
   (E) (1) THE DEPARTMENT SHALL HAVE  AUTHORITY  ON  ALL  FISCAL  MATTERS
 RELATING TO THE BOARD.
   (2) THE BOARD MAY UTILIZE OR REQUEST ASSISTANCE OF ANY STATE AGENCY OR
 AUTHORITY SUBJECT TO THE APPROVAL OF THE SUPERINTENDENT.
   (F)  (1) WHENEVER THE SUPERINTENDENT DETERMINES IT WOULD AID AN INVES-
 TIGATION UNDER SECTION ONE HUNDRED ELEVEN OF THIS  CHAPTER,  THE  SUPER-
 INTENDENT  MAY  REFER  A  DRUG  TO  THE BOARD FOR A REPORT THEREON TO BE
 PREPARED.
   (2) IF A DRUG IS REFERRED TO THE BOARD UNDER  PARAGRAPH  ONE  OF  THIS
 SUBSECTION THE BOARD SHALL DETERMINE:
   (A) THE DRUG'S IMPACT ON THE PREMIUM COSTS FOR COMMERCIAL INSURANCE IN
 THIS STATE, AND THE DRUG'S AFFORDABILITY AND VALUE TO THE PUBLIC;
   (B)  WHETHER INCREASES IN THE PRICE OF THE DRUG OVER TIME WERE SIGNIF-
 ICANT AND UNJUSTIFIED;
   (C) WHETHER THE DRUG MAY BE PRICED DISPROPORTIONATELY TO ITS THERAPEU-
 TIC BENEFITS; AND
   (D) ANY OTHER QUESTION THE SUPERINTENDENT MAY CERTIFY TO THE BOARD  IN
 AID  OF  AN INVESTIGATION UNDER SECTION ONE HUNDRED ELEVEN OF THIS CHAP-
 TER.
   (3) IN FORMULATING ITS DETERMINATIONS, THE BOARD MAY CONSIDER:
   (A) PUBLICLY AVAILABLE INFORMATION RELEVANT  TO  THE  PRICING  OF  THE
 DRUG;
   (B)  INFORMATION SUPPLIED BY THE DEPARTMENT RELEVANT TO THE PRICING OF
 THE DRUG;
   (C) INFORMATION RELATING TO VALUE-BASED PRICING;
   (D) THE SERIOUSNESS AND PREVALENCE OF THE DISEASE OR CONDITION THAT IS
 TREATED BY THE DRUG;
   (E) THE EXTENT OF UTILIZATION OF THE DRUG;
   (F) 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;
   (G) THE LIKELIHOOD THAT USE OF THE DRUG WILL REDUCE THE NEED FOR OTHER
 MEDICAL CARE, INCLUDING HOSPITALIZATION;
   (H)  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;
   (I)  IN  THE  CASE  OF  GENERIC  DRUGS,  THE  NUMBER OF PHARMACEUTICAL
 MANUFACTURERS THAT PRODUCE THE DRUG;
   (J) WHETHER THERE ARE PHARMACEUTICAL EQUIVALENTS TO THE DRUG;
   (K) 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

 S. 7507--A                         98                         A. 9507--A
 
 INFORMATION  PROVIDED  SHALL BE CONSIDERED CONFIDENTIAL AND SHALL NOT BE
 DISCLOSED BY THE DRUG UTILIZATION REVIEW BOARD IN A FORM THAT IDENTIFIES
 A SPECIFIC MANUFACTURER OR PRICES CHARGED FOR DRUGS BY SUCH  MANUFACTUR-
 ER; AND
   (L) INFORMATION FROM THE DEPARTMENT OF HEALTH, INCLUDING FROM THE DRUG
 UTILIZATION REVIEW BOARD.
   (4)  FOLLOWING  ITS REVIEW, THE BOARD SHALL REPORT ITS FINDINGS TO THE
 SUPERINTENDENT.  SUCH REPORT SHALL INCLUDE THE  DETERMINATIONS  REQUIRED
 BY  PARAGRAPH  TWO OF THIS SUBSECTION AND ANY OTHER INFORMATION REQUIRED
 BY THE SUPERINTENDENT.
   (G) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE PAPERS  AND  INFORMA-
 TION  CONSIDERED  BY THE BOARD AND ANY REPORT THEREOF SHALL BE CONFIDEN-
 TIAL AND NOT SUBJECT TO DISCLOSURE. THE SUPERINTENDENT, IN  HIS  OR  HER
 SOLE  DISCRETION,  MAY  DETERMINE THAT THE RELEASE OF THE BOARD'S REPORT
 WOULD NOT HARM AN ONGOING INVESTIGATION  AND  WOULD  BE  IN  THE  PUBLIC
 INTEREST,  AND  THEREAFTER MAY RELEASE THE REPORT OR ANY PORTION THEREOF
 TO THE PUBLIC.
   (H) THE SUPERINTENDENT MAY CALL A PUBLIC HEARING ON THE DETERMINATIONS
 OF THE BOARD, NOTICE OF SUCH HEARING SHALL BE GIVEN TO THE  MANUFACTURER
 OF  THE DRUG AND SHALL BE PUBLISHED ON THE WEBSITE OF THE DEPARTMENT FOR
 NOT LESS THAN FIFTEEN DAYS BEFORE THE HEARING.
   § 3. The superintendent of financial services may promulgate any regu-
 lations necessary to interpret the provisions of this act, including but
 not limited to regulations  relating  to  the  operations  of  the  drug
 accountability board.
   § 4. This act shall take effect immediately.
 
                                  PART H

   Section  1. Subdivisions 1 and 4 of section 6841 of the education law,
 as added by chapter 414 of the laws of 2019,  are  amended  to  read  as
 follows:
   1.  A  registered  pharmacy  technician may, under the direct personal
 supervision of a licensed pharmacist, assist such  licensed  pharmacist,
 as directed, in compounding, preparing, labeling, or dispensing of drugs
 used to fill valid prescriptions or medication orders [or], AND A REGIS-
 TERED  PHARMACY TECHNICIAN EMPLOYED BY A FACILITY LICENSED IN ACCORDANCE
 WITH ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, OR A PHARMACY  OWNED
 AND  OPERATED  BY  SUCH  A  FACILITY MAY ASSIST A LICENSED PHARMACIST AS
 DIRECTED in compounding, preparing, and labeling in  anticipation  of  a
 valid prescription or medication order for a patient to be served by the
 facility,  in  accordance  with article one hundred thirty-seven of this
 title where such tasks require no professional  judgment.  Such  profes-
 sional  judgment  shall  only  be  exercised by a licensed pharmacist. A
 registered pharmacy technician may only practice [in a facility licensed
 in accordance with article twenty-eight of the public health law,  or  a
 pharmacy owned and operated by such a facility,] IN A REGISTERED PHARMA-
 CY  under  the  direct  personal  supervision  of  a licensed pharmacist
 employed [in] BY such a facility or pharmacy. Such facility OR  PHARMACY
 shall  be  responsible for ensuring that the registered pharmacy techni-
 cian has received appropriate training to ensure competence before he or
 she begins assisting a licensed pharmacist  in  compounding,  preparing,
 labeling,  or  dispensing  of drugs, in accordance with this article and
 article one hundred thirty-seven of this title. For the purposes of this
 article, direct personal supervision  means  supervision  of  procedures
 based  on  instructions given directly by a supervising licensed pharma-

 S. 7507--A                         99                         A. 9507--A
 
 cist who remains in the immediate area where the  procedures  are  being
 performed,  authorizes  the  procedures  and  evaluates  the  procedures
 performed by the  registered  pharmacy  technicians  and  a  supervising
 licensed  pharmacist  shall approve all work performed by the registered
 pharmacy technician prior to the actual dispensing of any drug.
   4. No licensed pharmacist shall obtain the  assistance  of  more  than
 [two]  FOUR  registered  pharmacy  technicians  in  the  performance  of
 [licensed tasks] COMPOUNDING OR PREPARATION OF STERILE  PRODUCTS  within
 their scope of practice. NO LICENSED PHARMACIST SHALL OBTAIN THE ASSIST-
 ANCE  OF  MORE  THAN  FOUR REGISTERED PHARMACY TECHNICIANS or [four] SIX
 unlicensed persons, in the performance of the  activities  that  do  not
 require licensure, the total of such persons shall not exceed [four] SIX
 individuals at any one time.  Pharmacy interns shall be exempt from such
 ratios,  but shall be supervised in accordance with commissioner's regu-
 lations. Individuals who are responsible for the act  of  placing  drugs
 which  are  in  unit-dose  packaging into medication carts as part of an
 approved unit-dose drug distribution system  for  patients  in  institu-
 tional  settings  shall  be  exempt  from such ratio, provided that such
 individuals are not also engaged in performing the activities set  forth
 in subdivision one or paragraph b, c, d, e, f, g, h, or i of subdivision
 two  of  this section.  The licensed pharmacist shall provide the degree
 of supervision of such persons as may be appropriate to  ensure  compli-
 ance with the relevant provisions of regulations of the commissioner.
   §  2.  Subdivision 2 of section 6832 of the education law, as added by
 chapter 414 of the laws of 2019, is amended to read as follows:
   2. [Except for a licensed pharmacist employed by a  facility  licensed
 in  accordance  with  article twenty-eight of the public health law or a
 pharmacy owned and operated by such a facility, as  defined  in  article
 one  hundred  thirty-seven-A  of  this title, no] NO licensed pharmacist
 shall obtain the assistance of more than four REGISTERED PHARMACY  TECH-
 NICIANS  OR SIX unlicensed persons, in the performance of the activities
 that do not require licensure, the  total  of  such  persons  shall  not
 exceed  [four]  SIX individuals at any one time.  Pharmacy interns shall
 be exempt from such ratios, but shall be supervised in  accordance  with
 the commissioner's regulations.  Individuals who are responsible for the
 act  of  placing  drugs which are in unit-dose packaging into medication
 carts as part of an approved  unit-dose  drug  distribution  system  for
 patients  in  institutional  settings  shall  be exempt from such ratio,
 provided that such individuals are not also engaged  in  performing  the
 activities  set  forth in paragraph (b), (c), (d), (e), (f), (g), (h) or
 (i) of subdivision one of this section. The  licensed  pharmacist  shall
 provide  the degree of supervision of such persons as may be appropriate
 to ensure compliance with the relevant provisions of regulations of  the
 commissioner.
   §  3.  This  act  shall  take  effect on the same date and in the same
 manner as chapter 414 of the laws of 2019 takes effect.
 
                                  PART I
 
   Section 1. Subdivision 7 of section 6527  of  the  education  law,  as
 amended  by  chapter  46  of  the  laws  of  2015, is amended to read as
 follows:
   7. A licensed physician may prescribe and  order  a  patient  specific
 order or non-patient specific regimen to a licensed pharmacist, pursuant
 to  regulations promulgated by the commissioner, and consistent with the
 public health law, for administering immunizations to prevent influenza,

 S. 7507--A                         100                        A. 9507--A
 
 pneumococcal, acute herpes zoster, meningococcal, tetanus, diphtheria or
 pertussis disease OR, FOR PATIENTS EIGHTEEN YEARS OF AGE AND OLDER,  ANY
 OTHER  IMMUNIZATIONS  RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZA-
 TIONS  PRACTICES  OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION, and
 medications required for emergency treatment of anaphylaxis. Nothing  in
 this subdivision shall authorize unlicensed persons to administer immun-
 izations, vaccines or other drugs.
   § 2. Subdivision 7 of section 6909 of the education law, as amended by
 chapter 46 of the laws of 2015, is amended to read as follows:
   7.  A  certified  nurse practitioner may prescribe and order a patient
 specific order or non-patient specific regimen to a licensed pharmacist,
 pursuant to regulations promulgated by the commissioner, and  consistent
 with  the  public health law, for administering immunizations to prevent
 influenza, pneumococcal, acute herpes  zoster,  meningococcal,  tetanus,
 diphtheria  or  pertussis disease OR, FOR PATIENTS EIGHTEEN YEARS OF AGE
 AND OLDER, ANY OTHER IMMUNIZATIONS RECOMMENDED BY THE ADVISORY COMMITTEE
 ON IMMUNIZATION  PRACTICES  OF  THE  CENTERS  FOR  DISEASE  CONTROL  AND
 PREVENTION,  and medications required for emergency treatment of anaphy-
 laxis. Nothing in this subdivision shall authorize unlicensed persons to
 administer immunizations, vaccines or other drugs.
   § 3. Paragraph (a) of subdivision 22 of section 6802 of the  education
 law, as amended by chapter 57 of the laws of 2018, is amended to read as
 follows:
   a. the direct application of an immunizing agent to adults, whether by
 injection,  ingestion,  inhalation  or  any  other  means, pursuant to a
 patient specific order or non-patient  specific  regimen  prescribed  or
 ordered  by a physician or certified nurse practitioner, who has a prac-
 tice site in the county or adjoining county in which the immunization is
 administered, for  immunizations  to  prevent  influenza,  pneumococcal,
 acute  herpes  zoster,  meningococcal,  tetanus, diphtheria or pertussis
 disease OR, FOR PATIENTS EIGHTEEN YEARS OF  AGE  AND  OLDER,  ANY  OTHER
 IMMUNIZATIONS  RECOMMENDED  BY  THE  ADVISORY COMMITTEE ON IMMUNIZATIONS
 PRACTICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION, and medica-
 tions required for emergency treatment of anaphylaxis.  If  the  commis-
 sioner  of  health  determines  that there is an outbreak of disease, or
 that there is the imminent threat of an outbreak of  disease,  then  the
 commissioner of health may issue a non-patient specific regimen applica-
 ble statewide.
   §   4.  Section 6801-a of the education law, as amended by chapter 238
 of the laws of 2015, is amended to read as follows:
   §  6801-a.  Collaborative  drug  therapy   management   [demonstration
 program].    1.  As used in this section, the following terms shall have
 the following meanings:
   a. "Board" shall mean the state board of pharmacy  as  established  by
 section sixty-eight hundred four of this article.
   b. "Clinical services" shall mean the collection and interpretation of
 patient  data  for the purpose of [initiating, modifying and] monitoring
 drug therapy AND PRESCRIBING IN ORDER TO ADJUST OR MANAGE  DRUG  THERAPY
 with  associated  accountability  and  responsibility  for outcomes in a
 direct patient care setting.
   c. "Collaborative drug therapy management" shall mean the  performance
 of  clinical services by a pharmacist relating to the review, evaluation
 and management of drug therapy to a patient, who is being treated  by  a
 physician  OR  NURSE  PRACTITIONER  for a specific disease or associated
 disease states, in accordance with a written agreement or protocol  with
 a  voluntarily  participating  physician  OR  NURSE PRACTITIONER [and in

 S. 7507--A                         101                        A. 9507--A

 accordance with the policies, procedures, and protocols of  the  facili-
 ty].  Such  agreement  or  protocol  as entered into by the physician OR
 NURSE PRACTITIONER, and a pharmacist, may include[, and shall be limited
 to]:
   (i) [adjusting or managing] PRESCRIBING IN ORDER TO ADJUST OR MANAGE a
 drug  regimen of a patient, pursuant to a patient specific order or NON-
 PATIENT SPECIFIC protocol made by  the  patient's  physician,  OR  NURSE
 PRACTITIONER,  which  may  include adjusting drug strength, frequency of
 administration or route of administration[. Adjusting the  drug  regimen
 shall  not  include  substituting] or selecting a [different] drug which
 differs from  that  initially  prescribed  by  the  patient's  physician
 [unless such substitution is expressly] OR NURSE PRACTITIONER AS author-
 ized  in  the  written AGREEMENT [order] or protocol, PROVIDED, HOWEVER,
 THAT THE PHARMACIST SHALL APPROPRIATELY CONSIDER  CLINICAL  BENEFIT  AND
 COST  TO THE PATIENT AND/OR PAYER IN DISCHARGING THESE RESPONSIBILITIES.
 The pharmacist shall be required to immediately document in the  patient
 record  changes  made  to  the  patient's drug therapy and shall use any
 reasonable means or method established by the facility  OR  PRACTICE  to
 notify  the  patient's  other treating physicians, PHYSICIAN ASSISTANTS,
 NURSE PRACTITIONERS AND OTHER PROFESSIONALS AS REQUIRED BY THE  FACILITY
 OR  THE  COLLABORATIVE  PRACTICE AGREEMENT [with whom he or she does not
 have a  written  agreement  or  protocol  regarding  such  changes.  The
 patient's physician may prohibit, by written instruction, any adjustment
 or change in the patient's drug regimen by the pharmacist];
   (ii) evaluating and[, only if specifically] AS authorized by the WRIT-
 TEN  AGREEMENT OR protocol and only to the extent necessary to discharge
 the responsibilities set forth in this section, ordering  disease  state
 laboratory tests related to the drug therapy management for the specific
 disease or disease [state] STATES specified within the written agreement
 or protocol; and
   (iii) [only if specifically] AS authorized by the written agreement or
 protocol  and only to the extent necessary to discharge the responsibil-
 ities set forth in this section, ordering or performing routine  patient
 monitoring  functions  as  may  be necessary in the drug therapy manage-
 ment[, including the collecting and reviewing of patient histories,  and
 ordering  or checking patient vital signs, including pulse, temperature,
 blood pressure and respiration].
   d. "Facility" shall mean[:  (i)]  a  [teaching  hospital  or]  general
 hospital, [including any] diagnostic center, treatment center, or hospi-
 tal-based  outpatient  department  as  defined  in  section twenty-eight
 hundred one of the public health law[; or (ii)],  A  RESIDENTIAL  HEALTH
 CARE  FACILITY  OR  nursing  home  with an on-site pharmacy staffed by a
 licensed pharmacist OR ANY FACILITY AS DEFINED IN  SECTION  TWENTY-EIGHT
 HUNDRED  ONE  OF  THE  PUBLIC  HEALTH  LAW OR OTHER ENTITY THAT PROVIDES
 DIRECT PATIENT CARE UNDER THE AUSPICES OF A MEDICAL DIRECTOR;  provided,
 however,  for the purposes of this section the term "facility" shall not
 include dental clinics, dental dispensaries,  [residential  health  care
 facilities] and rehabilitation centers.
   For  the purposes of this section, [a "teaching hospital" shall mean a
 hospital licensed pursuant to article twenty-eight of the public  health
 law  that  is  eligible  to  receive direct or indirect graduate medical
 education payments pursuant to article twenty-eight of the public health
 law.] A "PRACTICE" SHALL MEAN A PLACE OR SITUATION IN WHICH  PHYSICIANS,
 AND NURSE PRACTITIONERS EITHER ALONE OR IN GROUP PRACTICES PROVIDE DIAG-
 NOSTIC AND TREATMENT CARE FOR PATIENTS.

 S. 7507--A                         102                        A. 9507--A
 
   e. "Physician OR NURSE PRACTITIONER" shall mean the physician OR NURSE
 PRACTITIONER  selected  by  or  assigned  to  a patient, who has primary
 responsibility for the treatment and care of the patient for the disease
 and associated disease states that are the subject of the  collaborative
 drug therapy management.
   f.  "Written  agreement  or  protocol"  shall mean a written document,
 pursuant to and consistent with any applicable state or federal require-
 ments, that addresses a specific disease or  associated  disease  states
 and  that  describes  the nature and scope of collaborative drug therapy
 management to be undertaken by the pharmacists,  in  collaboration  with
 the  participating  physician, NURSE PRACTITIONER OR FACILITY in accord-
 ance with the provisions of this section.
   2. a. A pharmacist who meets the experience requirements of  paragraph
 b  of  this  subdivision and who is [employed by or otherwise affiliated
 with a facility] CERTIFIED BY THE DEPARTMENT TO ENGAGE IN  COLLABORATIVE
 DRUG  THERAPY  MANAGEMENT  AND  WHO  IS  EITHER EMPLOYED BY OR OTHERWISE
 AFFILIATED WITH A FACILITY OR IS PARTICIPATING WITH A PRACTICING  PHYSI-
 CIAN  OR  NURSE  PRACTITIONER shall be permitted to enter into a written
 agreement or protocol with a physician, NURSE PRACTITIONER  OR  FACILITY
 authorizing  collaborative drug therapy management, subject to the limi-
 tations set forth in this section, within the scope of  such  employment
 [or],  affiliation  OR  PARTICIPATION. ONLY PHARMACISTS SO CERTIFIED MAY
 ENGAGE IN COLLABORATIVE DRUG  THERAPY  MANAGEMENT  AS  DEFINED  IN  THIS
 SECTION.
   b. A participating pharmacist must[:
   (i)(A)  have been awarded either a master of science in clinical phar-
 macy or a doctor of pharmacy degree;
   (B)] maintain a current unrestricted license[;], and
   [(C) have a minimum of two years experience, of  which  at  least  one
 year  of  such  experience shall include clinical experience in a health
 facility, which involves consultation with physicians  with  respect  to
 drug  therapy  and  may include a residency at a facility involving such
 consultation; or
   (ii)(A) have been awarded a bachelor of science in pharmacy;
   (B) maintain a current unrestricted license; and
   (C) within the last seven years, have a minimum of three years experi-
 ence, of which at least one year of such experience shall include  clin-
 ical  experience  in a health facility, which involves consultation with
 physicians with respect to drug therapy and may include a residency at a
 facility involving such consultation; and
   (iii) meet any additional education, experience, or other requirements
 set forth by the department  in  consultation  with  the  board.]  SHALL
 SATISFY ANY TWO OF THE FOLLOWING CRITERIA:
   (I)  CERTIFICATION  IN  A  RELEVANT AREA OF PRACTICE INCLUDING BUT NOT
 LIMITED TO AMBULATORY CARE, CRITICAL CARE, GERIATRIC  PHARMACY,  NUCLEAR
 PHARMACY, NUTRITION SUPPORT PHARMACY, ONCOLOGY PHARMACY, PEDIATRIC PHAR-
 MACY,  PHARMACOTHERAPY, OR PSYCHIATRIC PHARMACY, FROM A NATIONAL ACCRED-
 ITING BODY AS APPROVED BY THE DEPARTMENT;
   (II) POSTGRADUATE RESIDENCY THROUGH AN ACCREDITED POSTGRADUATE PROGRAM
 REQUIRING AT LEAST FIFTY PERCENT OF THE EXPERIENCE BE IN DIRECT  PATIENT
 CARE SERVICES WITH INTERDISCIPLINARY TERMS; OR
   (III)  HAVE  PROVIDED  CLINICAL  SERVICES TO PATIENTS FOR AT LEAST ONE
 YEAR EITHER:
   (A) UNDER A COLLABORATIVE PRACTICE AGREEMENT OR PROTOCOL WITH A PHYSI-
 CIAN, NURSE PRACTITIONER OR

 S. 7507--A                         103                        A. 9507--A
 
   (B) HAS DOCUMENTED EXPERIENCE IN PROVISION  OF  CLINICAL  SERVICES  TO
 PATIENTS FOR AT LEAST ONE YEAR OR ONE THOUSAND HOURS, AND DEEMED ACCEPT-
 ABLE TO THE DEPARTMENT UPON RECOMMENDATION OF THE BOARD OF PHARMACY.
   c. Notwithstanding any provision of law, nothing in this section shall
 prohibit  a licensed pharmacist from engaging in clinical services asso-
 ciated with collaborative drug therapy  management,  in  order  to  gain
 experience necessary to qualify under [clause (C) of subparagraph (i) or
 (ii)  of paragraph b] CLAUSE (B) OF SUBPARAGRAPH (III) OF PARAGRAPH B of
 this subdivision, provided that such practice is under  the  supervision
 of  a  pharmacist  that  currently meets the referenced requirement, and
 that such practice is authorized under the written agreement or protocol
 with the physician OR NURSE PRACTITIONER OR FACILITY.
   d. Notwithstanding any provision of this section, nothing herein shall
 authorize the pharmacist to diagnose disease. In the event that a treat-
 ing physician OR NURSE PRACTITIONER may disagree with  the  exercise  of
 professional  judgment  by  a  pharmacist,  the judgment of the treating
 physician OR NURSE PRACTITIONER shall prevail.
   3. [The physician who is a party to a written  agreement  or  protocol
 authorizing  collaborative  drug therapy management shall be employed by
 or otherwise affiliated with the same facility with which the pharmacist
 is also employed or affiliated.
   4. The existence of a written agreement or protocol  on  collaborative
 drug therapy management and the patient's right to choose to not partic-
 ipate in collaborative drug therapy management shall be disclosed to any
 patient  who  is  eligible to receive collaborative drug therapy manage-
 ment. Collaborative drug therapy management shall not be utilized unless
 the patient or the  patient's  authorized  representative  consents,  in
 writing,  to such management. If the patient or the patient's authorized
 representative consents, it shall be  noted  on  the  patient's  medical
 record.  If  the  patient or the patient's authorized representative who
 consented to collaborative drug therapy management chooses to no  longer
 participate  in  such  management, at any time, it shall be noted on the
 patient's medical record. In addition,  the  existence  of  the  written
 agreement or protocol and the patient's consent to such management shall
 be  disclosed  to the patient's primary physician and any other treating
 physician or healthcare provider.
   5.] A PHARMACIST WHO IS CERTIFIED  BY  THE  DEPARTMENT  TO  ENGAGE  IN
 COLLABORATIVE  DRUG THERAPY MANAGEMENT MAY ENTER INTO A WRITTEN COLLABO-
 RATIVE PRACTICE AGREEMENT OR PROTOCOL WITH A  PHYSICIAN,  NURSE  PRACTI-
 TIONER  OR  PRACTICE  AS  AN  INDEPENDENT  HEALTH CARE PROVIDER OR AS AN
 EMPLOYEE OF A PHARMACY OR OTHER HEALTH CARE PROVIDER.   IN  A  FACILITY,
 THE  PHYSICIAN  OR NURSE PRACTITIONER AND THE PHARMACIST WHO ARE PARTIES
 TO A WRITTEN AGREEMENT OR PROTOCOL AUTHORIZING COLLABORATIVE DRUG THERA-
 PY MANAGEMENT SHALL BE EMPLOYED BY OR BE OTHERWISE AFFILIATED  WITH  THE
 FACILITY.
   4. Participation in a written agreement or protocol authorizing colla-
 borative  drug  therapy  management  shall be voluntary, and no patient,
 physician, NURSE PRACTITIONER, pharmacist, or facility shall be required
 to participate.
   [6. Nothing in this section shall be deemed  to  limit  the  scope  of
 practice of pharmacy nor be deemed to limit the authority of pharmacists
 and physicians to engage in medication management prior to the effective
 date of this section and to the extent authorized by law.]
   § 5. Section 8 of chapter 563 of the laws of 2008, amending the educa-
 tion  law  and the public health law relating to immunizing agents to be

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 administered to adults by pharmacists, as amended by section 3  of  part
 DD of chapter 57 of the laws of 2018, is amended to read as follows:
   §  8.  This  act shall take effect on the ninetieth day after it shall
 have become a law   [and shall expire and be  deemed  repealed  July  1,
 2020].
   § 6. Section 5 of chapter 116 of the laws of 2012, amending the educa-
 tion  law  relating  to  authorizing a licensed pharmacist and certified
 nurse practitioner to administer certain immunizing agents,  as  amended
 by section 4 of part DD of chapter 57 of the laws of 2018, is amended to
 read as follows:
   §  5.   This act shall take effect on the ninetieth day after it shall
 have become a law[, provided, however, that the provisions  of  sections
 one,  two  and four of this act shall expire and be deemed repealed July
 1, 2020 provided, that:
   (a) the amendments to subdivision 7 of section 6527 of  the  education
 law  made by section one of this act shall not affect the repeal of such
 subdivision and shall be deemed to be repealed therewith;
   (b) the amendments to subdivision 7 of section 6909 of  the  education
 law, made by section two of this act shall not affect the repeal of such
 subdivision and shall be deemed to be repealed therewith;
   (c)  the amendments to subdivision 22 of section 6802 of the education
 law made by section three of this act shall not  affect  the  repeal  of
 such subdivision and shall be deemed to be repealed therewith; and
   (d)  the  amendments  to  section  6801  of  the education law made by
 section four of this act shall not affect the expiration of such section
 and shall be deemed to expire therewith].
   § 7. Section 4 of chapter 274 of the laws of 2013, amending the educa-
 tion law relating to authorizing a  licensed  pharmacist  and  certified
 nurse   practitioner  to  administer  meningococcal  disease  immunizing
 agents, is amended to read as follows:
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law[; provided, that:
   (a)  the  amendments to subdivision 7 of section 6527 of the education
 law, made by section one of this act shall not affect the expiration and
 reversion of such subdivision, as provided in section 6 of  chapter  116
 of the laws of 2012, and shall be deemed to expire therewith; and
   (b)  the  amendments to subdivision 7 of section 6909 of the education
 law, made by section two of this act shall not affect the expiration and
 reversion of such subdivision, as provided in section 6 of  chapter  116
 of the laws of 2012, and shall be deemed to be expire therewith; and
   (c)  the amendments to subdivision 22 of section 6802 of the education
 law made by section three of this act shall not affect the expiration of
 such subdivision and shall be deemed to expire therewith].
   § 8. Section 5 of chapter 21 of the laws of 2011, amending the  educa-
 tion  law  relating  to authorizing pharmacists to perform collaborative
 drug therapy management with physicians in certain settings, as  amended
 by section 5 of part DD of chapter 57 of the laws of 2018, is amended to
 read as follows:
   § 5. This act shall take effect on the one hundred twentieth day after
 it  shall  have become a law[, provided, however, that the provisions of
 sections two, three, and four of this act shall  expire  and  be  deemed
 repealed  July 1, 2020; provided, however, that the amendments to subdi-
 vision 1 of section 6801 of the education law made  by  section  one  of
 this act shall be subject to the expiration and reversion of such subdi-
 vision  pursuant  to  section 8 of chapter 563 of the laws of 2008, when
 upon such date the provisions of section one-a of this  act  shall  take

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 effect;  provided,  further, that effective]. EFFECTIVE immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 and directed to be made and completed on or before such effective date.
   §  9.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2020; provided,
 however, that section four of this act shall  take  effect  on  the  one
 hundred eightieth day after it shall have become a law.
 
                                  PART J
 
   § 1. Paragraphs 1 and 2 of subsection (a) of section 605 of the finan-
 cial  services  law,  as amended by chapter 377 of the laws of 2019, are
 amended to read as follows:
   (1) When a health care plan receives a  bill  for  emergency  services
 from  a  non-participating  physician  or hospital, including a bill for
 inpatient services which follow an emergency room visit, the health care
 plan shall pay an amount that it determines is reasonable for the  emer-
 gency  services,  INCLUDING INPATIENT SERVICES WHICH FOLLOW AN EMERGENCY
 ROOM VISIT, rendered by the non-participating physician or hospital,  in
 accordance  with section three thousand two hundred twenty-four-a of the
 insurance law, except  for  the  insured's  co-payment,  coinsurance  or
 deductible,  if  any,  and  shall ensure that the insured shall incur no
 greater out-of-pocket costs for the emergency services, INCLUDING  INPA-
 TIENT  SERVICES  WHICH  FOLLOW AN EMERGENCY ROOM VISIT, than the insured
 would have incurred with a participating physician or hospital [pursuant
 to subsection (c) of section three thousand two hundred forty-one of the
 insurance law]. If an insured assigns benefits  to  a  non-participating
 PHYSICIAN OR hospital in relation to emergency services, INCLUDING INPA-
 TIENT  SERVICES  WHICH  FOLLOW AN EMERGENCY ROOM VISIT, provided by such
 non-participating PHYSICIAN OR hospital, the non-participating PHYSICIAN
 OR hospital may bill the health care plan for the  [emergency]  services
 rendered.  Upon  receipt of the bill, the health care plan shall pay the
 non-participating PHYSICIAN OR hospital the amount  prescribed  by  this
 section  and any subsequent amount determined to be owed to the hospital
 in relation to the  emergency  services  provided,  INCLUDING  INPATIENT
 SERVICES WHICH FOLLOW AN EMERGENCY ROOM VISIT.
   (2)  A  non-participating  physician or hospital or a health care plan
 may submit a dispute regarding a fee or payment for emergency  services,
 INCLUDING  INPATIENT  SERVICES WHICH FOLLOW AN EMERGENCY ROOM VISIT, for
 review to an independent dispute resolution entity.
   § 2. Paragraph 1 of subsection (b) of section  605  of  the  financial
 services  law, as amended by chapter 377 of the laws of 2019, is amended
 to read as follows:
   (1) A patient that is not an insured or the  patient's  physician  may
 submit a dispute regarding a fee for emergency services, INCLUDING INPA-
 TIENT  SERVICES  WHICH  FOLLOW AN EMERGENCY ROOM VISIT, for review to an
 independent dispute resolution entity upon approval of  the  superinten-
 dent.
   §  3.  Subsection  (d) of section 605 of the financial services law is
 REPEALED and subsection (e) is relettered subsection (d).
   § 4. Section 606 of the financial services law, as added by section 26
 of part H of chapter 60 of the laws of  2014,  is  amended  to  read  as
 follows:
   §  606.  Hold harmless and assignment of benefits [for surprise bills]
 for insureds. (A) When an insured assigns benefits for a  surprise  bill

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 in  writing  to  a non-participating physician that knows the insured is
 insured under a health care plan, the non-participating physician  shall
 not bill the insured except for any applicable copayment, coinsurance or
 deductible  that  would  be owed if the insured utilized a participating
 physician.
   (B) WHEN AN INSURED ASSIGNS BENEFITS FOR EMERGENCY SERVICES, INCLUDING
 INPATIENT SERVICES WHICH FOLLOW AN EMERGENCY ROOM VISIT, TO A NON-PARTI-
 CIPATING PHYSICIAN OR HOSPITAL THAT KNOWS THE INSURED IS INSURED UNDER A
 HEALTH CARE PLAN, THE NON-PARTICIPATING PHYSICIAN OR HOSPITAL SHALL  NOT
 BILL  THE  INSURED  EXCEPT  FOR ANY APPLICABLE COPAYMENT, COINSURANCE OR
 DEDUCTIBLE THAT WOULD BE OWED IF THE INSURED  UTILIZED  A  PARTICIPATING
 PHYSICIAN OR HOSPITAL.
   §  5.  The  civil  practice  law  and rules is amended by adding a new
 section 213-d to read as follows:
   § 213-D. ACTIONS TO BE COMMENCED WITHIN THREE YEARS; MEDICAL DEBT.  AN
 ACTION  ON  A  MEDICAL DEBT BY A HOSPITAL LICENSED UNDER ARTICLE TWENTY-
 EIGHT OF THE PUBLIC HEALTH LAW OR A HEALTH CARE PROFESSIONAL  AUTHORIZED
 UNDER  TITLE  EIGHT OF THE EDUCATION LAW SHALL BE COMMENCED WITHIN THREE
 YEARS OF TREATMENT.
   § 6. This act shall take effect immediately.
 
                                  PART K
 
   Section 1. Paragraphs (n), (p) and (q) of  subdivision  1  of  section
 2995-a  of the public health law, as added by chapter 542 of the laws of
 2000, are amended and three new paragraphs (r), (s) and (t) are added to
 read as follows:
   (n) (i) the location of the licensee's primary practice setting  iden-
 tified as such; [and]
   (ii)  [the  names  of  any  licensed physicians with whom the licensee
 shares a group practice, as defined in subdivision five of  section  two
 hundred  thirty-eight  of  this  chapter]  HOURS  OF  OPERATION  OF  THE
 LICENSEE'S PRIMARY PRACTICE SETTING;
   (III) AVAILABILITY OF ASSISTIVE TECHNOLOGY AT THE  LICENSEE'S  PRIMARY
 PRACTICE SETTING; AND
   (IV) WHETHER THE LICENSEE IS ACCEPTING NEW PATIENTS;
   (p)  whether  the  licensee  participates  in the medicaid or medicare
 program or any  other  state  or  federally  financed  health  insurance
 program; [and]
   (q)  health  care plans with which the licensee has contracts, employ-
 ment, or other affiliation[.] PROVIDED THAT THE REPORTING  AND  ACCURACY
 OF  SUCH  INFORMATION  SHALL NOT BE THE RESPONSIBILITY OF THE PHYSICIAN,
 BUT SHALL BE INCLUDED AND UPDATED BY THE DEPARTMENT  UTILIZING  PROVIDER
 NETWORK PARTICIPATION INFORMATION, OR OTHER RELIABLE SOURCES OF INFORMA-
 TION SUBMITTED BY THE HEALTH CARE PLANS;
   (R) THE PHYSICIAN'S WEBSITE AND SOCIAL MEDIA ACCOUNTS;
   (S) THE NAMES OF ANY LICENSED PHYSICIANS WITH WHOM THE LICENSEE SHARES
 A  GROUP PRACTICE, AS DEFINED IN SUBDIVISION FIVE OF SECTION TWO HUNDRED
 THIRTY-EIGHT OF THIS CHAPTER; AND
   (T) WORKFORCE RESEARCH AND PLANNING INFORMATION AS DETERMINED  BY  THE
 COMMISSIONER.
   §  2.  Section  2995-a of the public health law is amended by adding a
 new subdivision 1-b to read as follows:
   1-B. (A) FOR THE PURPOSES OF THIS SECTION, A  PHYSICIAN  LICENSED  AND
 REGISTERED  TO PRACTICE IN THIS STATE MAY AUTHORIZE A DESIGNEE TO REGIS-

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 TER, TRANSMIT, ENTER  OR  UPDATE  INFORMATION  ON  HIS  OR  HER  BEHALF,
 PROVIDED THAT:
   (I)  THE  DESIGNEE  SO  AUTHORIZED IS EMPLOYED BY THE PHYSICIAN OR THE
 SAME PROFESSIONAL PRACTICE OR IS UNDER CONTRACT WITH SUCH PRACTICE;
   (II) THE PHYSICIAN TAKES REASONABLE STEPS TO ENSURE THAT SUCH DESIGNEE
 IS SUFFICIENTLY COMPETENT IN THE PROFILE REQUIREMENTS;
   (III) THE PHYSICIAN REMAINS RESPONSIBLE FOR ENSURING THE  ACCURACY  OF
 THE  INFORMATION PROVIDED AND FOR ANY FAILURE TO PROVIDE ACCURATE INFOR-
 MATION; AND
   (IV) THE PHYSICIAN SHALL NOTIFY THE DEPARTMENT  UPON  TERMINATING  THE
 AUTHORIZATION OF ANY DESIGNEE, IN A MANNER DETERMINED BY THE DEPARTMENT.
   (B) THE COMMISSIONER SHALL GRANT ACCESS TO THE PROFILE IN A REASONABLY
 PROMPT  MANNER  TO  DESIGNEES  AUTHORIZED  BY PHYSICIANS AND ESTABLISH A
 MECHANISM TO PREVENT DESIGNEES TERMINATED PURSUANT TO SUBPARAGRAPH  (IV)
 OF  PARAGRAPH  (A)  OF  THIS SUBDIVISION FROM ACCESSING THE PROFILE IN A
 REASONABLY PROMPT MANNER FOLLOWING NOTIFICATION OF TERMINATION.
   § 3. Subdivision 4 of section 2995-a of  the  public  health  law,  as
 amended  by  section  3  of part A of chapter 57 of the laws of 2015, is
 amended to read as follows:
   4. Each physician shall periodically report to the department on forms
 and in the time and manner required by the commissioner any other infor-
 mation as is required by the department for the development of  profiles
 under  this  section  which  is  not otherwise reasonably obtainable. In
 addition to such periodic reports and providing  the  same  information,
 each  physician  shall  update his or her profile information within the
 six months prior to [the expiration date of such  physician's  registra-
 tion  period] SUBMISSION OF THE RE-REGISTRATION APPLICATION, as a condi-
 tion of registration renewal  [under  article  one  hundred  thirty-one]
 PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWENTY-FOUR of the education law.
 Except  for optional information provided AND INFORMATION REQUIRED UNDER
 SUBPARAGRAPH (IV) OF PARAGRAPH (N) AND PARAGRAPHS (Q) AND (T) OF  SUBDI-
 VISION  ONE  OF  THIS SECTION, physicians shall notify the department of
 any change in the profile information within thirty days of such change.
   § 4. Subdivision 6 of section 2995-a of  the  public  health  law,  as
 added by chapter 542 of the laws of 2000, is amended to read as follows:
   6.  A  physician  may  elect  to  have his or her profile omit certain
 information provided pursuant to paragraphs (K), (l), (m), [(n) and (q)]
 (R) AND (S) of subdivision one of this section.    INFORMATION  PROVIDED
 PURSUANT  TO  PARAGRAPH  (T) OF SUBDIVISION ONE OF THIS SECTION SHALL BE
 OMITTED FROM A PHYSICIAN'S PROFILE AND SHALL BE EXEMPT  FROM  DISCLOSURE
 UNDER  ARTICLE SIX OF THE PUBLIC OFFICERS LAW. In collecting information
 for such profiles and  disseminating  the  same,  the  department  shall
 inform  physicians  that they may choose not to provide such information
 required pursuant to paragraphs (K), (l), (m), [(n) and (q)] (R) AND (S)
 of subdivision one of this section.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART L
 
   Section 1. Subdivision 1 of section 6502  of  the  education  law,  as
 amended  by  chapter  599  of  the  laws of 1996, is amended and two new
 subdivisions 1-a and 1-b are added to read as follows:
   1. [A] EXCEPT PURSUANT TO SUBDIVISION ONE-A OF THIS SECTION, A license
 shall be valid during the life of the holder unless revoked, annulled or
 suspended by the board of regents [or in the case of physicians,  physi-

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 cians   practicing  under  a  limited  permit,  physician's  assistants,
 specialist's assistants and medical residents, the licensee is  stricken
 from  the  roster of such licensees by the board of regents on the order
 of the state board for professional medical conduct in the department of
 health.  A  licensee  must  register  with  the  department and meet the
 requirements prescribed in section 3-503 of the general obligations  law
 to practice in this state].
   1-A.  IN THE CASE OF PHYSICIANS, PHYSICIANS PRACTICING UNDER A LIMITED
 PERMIT, PHYSICIAN ASSISTANTS, SPECIALIST ASSISTANTS  AND  MEDICAL  RESI-
 DENTS, A LICENSE SHALL BE VALID DURING THE LIFE OF THE HOLDER UNLESS:
   (I)  THE LICENSEE IS STRICKEN FROM THE ROSTER OF SUCH LICENSEES BY THE
 BOARD OF REGENTS ON THE  ORDER  OF  THE  STATE  BOARD  FOR  PROFESSIONAL
 MEDICAL CONDUCT IN THE DEPARTMENT OF HEALTH; OR
   (II)  THE  LICENSEE HAS FAILED TO REGISTER WITH THE DEPARTMENT FOR TWO
 CONSECUTIVE REGISTRATION PERIODS, IN WHICH CASE THE  LICENSEE  SHALL  BE
 IMMEDIATELY  STRICKEN  FROM THE ROSTER OF SUCH LICENSEES BY THE BOARD OF
 REGENTS.
   1-B. A LICENSEE  MUST  REGISTER  WITH  THE  DEPARTMENT  AND  MEET  THE
 REQUIREMENTS  PRESCRIBED IN SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW
 TO PRACTICE IN THIS STATE.
   § 2. Section 6524 of the education law is  amended  by  adding  a  new
 subdivision 6-a to read as follows:
   (6-A)  FINGERPRINTS  AND  CRIMINAL  HISTORY  RECORD  CHECK: CONSENT TO
 SUBMISSION OF FINGERPRINTS FOR PURPOSES OF CONDUCTING A CRIMINAL HISTORY
 RECORD CHECK. THE COMMISSIONER SHALL SUBMIT TO THE DIVISION OF  CRIMINAL
 JUSTICE  SERVICES  TWO  SETS OF FINGERPRINTS OF APPLICANTS FOR LICENSURE
 PURSUANT TO THIS ARTICLE, AND THE DIVISION OF CRIMINAL JUSTICE  SERVICES
 PROCESSING  FEE IMPOSED PURSUANT TO SUBDIVISION EIGHT-A OF SECTION EIGHT
 HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW AND ANY  FEE  IMPOSED  BY  THE
 FEDERAL  BUREAU  OF  INVESTIGATION.  THE  DIVISION  OF  CRIMINAL JUSTICE
 SERVICES AND THE FEDERAL BUREAU  OF  INVESTIGATION  SHALL  FORWARD  SUCH
 CRIMINAL  HISTORY RECORD TO THE COMMISSIONER IN A TIMELY MANNER. FOR THE
 PURPOSES OF THIS SECTION, THE TERM "CRIMINAL HISTORY RECORD" SHALL  MEAN
 A  RECORD  OF ALL CONVICTIONS OF CRIMES AND ANY PENDING CRIMINAL CHARGES
 MAINTAINED ON AN INDIVIDUAL BY THE DIVISION OF CRIMINAL JUSTICE SERVICES
 AND THE FEDERAL BUREAU  OF  INVESTIGATION.  ALL  SUCH  CRIMINAL  HISTORY
 RECORDS  SENT  TO THE COMMISSIONER PURSUANT TO THIS SUBDIVISION SHALL BE
 CONFIDENTIAL PURSUANT TO THE APPLICABLE FEDERAL AND  STATE  LAWS,  RULES
 AND  REGULATIONS,  AND SHALL NOT BE PUBLISHED OR IN ANY WAY DISCLOSED TO
 PERSONS OTHER THAN THE COMMISSIONER, UNLESS OTHERWISE AUTHORIZED BY LAW;
   § 3. Paragraph (c) of subdivision 9 and subdivisions 20, 28, and 31 of
 section 6530 of the education law, as added by chapter 606 of  the  laws
 of  1991,  are  amended  and  a  new  subdivision 51 is added to read as
 follows:
   (c) Having been found guilty in an adjudicatory proceeding of  violat-
 ing  a state or federal statute or regulation, pursuant to a final deci-
 sion or determination, and when no appeal is pending,  or  after  resol-
 ution  of  the proceeding OR A COMPLAINT ALLEGING A VIOLATION OF A STATE
 OR FEDERAL STATUTE OR REGULATION by stipulation or agreement,  and  when
 the  violation would constitute professional misconduct pursuant to this
 section;
   20. Conduct [in the practice of medicine] which evidences moral unfit-
 ness to practice medicine;
   28. Failing to respond within [thirty] TEN days  to  written  communi-
 cations from the department of health and to make available any relevant
 records  with  respect  to  an inquiry or complaint about the licensee's

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 professional misconduct. The period of [thirty] TEN days shall  commence
 on  the  date  when  such  communication was delivered personally to the
 licensee. If the communication is sent from the department of health  by
 registered  or  certified  mail,  with  return receipt requested, to the
 address appearing in the last registration, the period of  [thirty]  TEN
 days  shall  commence  on the date of delivery to the licensee, as indi-
 cated by the return receipt;
   31. Willfully harassing, abusing, or intimidating a  patient  [either]
 OR A PATIENT'S CAREGIVER OR SURROGATE physically or verbally;
   51.  EXCEPT  FOR GOOD CAUSE SHOWN, FAILING TO NOTIFY THE DEPARTMENT OF
 HEALTH WITHIN TWENTY-FOUR HOURS OF HAVING BEEN CHARGED WITH A  CRIME  IN
 ANY JURISDICTION OR OF ANY EVENT MEETING THE DEFINITIONS OF PROFESSIONAL
 MISCONDUCT SET FORTH IN SUBDIVISION NINE OF THIS SECTION.
   § 4. Section 6532 of the education law, as added by chapter 606 of the
 laws of 1991, is amended to read as follows:
   § 6532. Enforcement,  administration  and interpretation of this arti-
 cle.  The board [of] FOR professional medical conduct and the department
 of health shall enforce, administer and interpret this  article.  Before
 issuing a declaratory ruling pursuant to section two hundred four of the
 state  administrative  procedure  act  with respect to this article, the
 department of health shall fully consult with the department  of  educa-
 tion.  [Neither  the commissioner of education, the board of regents nor
 the] THE commissioner of health may promulgate any rules or  regulations
 concerning this article.
   § 5. Subdivision 4 of section 206 of the public health law, as amended
 by chapter 602 of the laws of 2007, is amended to read as follows:
   4. The commissioner may:
   (a)  issue  subpoenas,  compel  the attendance of witnesses and compel
 them to testify in any matter or proceeding before  him,  and  may  also
 require  a  witness  to  attend  and give testimony in a county where he
 resides or has a place of business without the payment of any fees;
   (b) REQUIRE, IN WRITING, THE PRODUCTION OF ANY AND ALL RELEVANT  DOCU-
 MENTS IN THE POSSESSION OR CONTROL OF AN INDIVIDUAL OR ENTITY SUBJECT TO
 AN  INVESTIGATION OR INQUIRY UNDER THIS CHAPTER. UNLESS A SHORTER PERIOD
 IS SPECIFIED IN SUCH WRITING,  AS  DETERMINED  FOR  GOOD  CAUSE  BY  THE
 COMMISSIONER, THE REQUIRED DOCUMENTS SHALL BE PRODUCED NO LATER THAN TEN
 DAYS  AFTER THE DELIVERY OF THE WRITING. FAILURE BY THE SUBJECT INDIVID-
 UAL OR ENTITY TO PRODUCE TO THE DEPARTMENT THE REQUIRED DOCUMENTS WITHIN
 THE TEN DAY OR OTHERWISE SPECIFIED PERIOD SHALL BE A VIOLATION OR  FAIL-
 URE  WITHIN THE MEANING OF PARAGRAPH (D) OF THIS SUBDIVISION. EACH ADDI-
 TIONAL DAY OF NON-PRODUCTION SHALL BE A SEPARATE VIOLATION OR FAILURE;
   (C) annul or modify an order, regulation, by-law  or  ordinance  of  a
 local  board of health concerning a matter which in his judgment affects
 the public health beyond the territory over which such  local  board  of
 health has jurisdiction;
   [(c)]  (D) assess any penalty prescribed for a violation of or a fail-
 ure to comply with any term or provision  of  this  chapter  or  of  any
 lawful  notice,  order or regulation pursuant thereto, not exceeding two
 thousand dollars for every such violation or failure, which penalty  may
 be assessed after a hearing or an opportunity to be heard;
   [(d)]  (E)  assess civil penalties against a public water system which
 provides water to the public for  human  consumption  through  pipes  or
 other  constructed conveyances, as further defined in the state sanitary
 code or, in the case  of  mass  gatherings,  the  person  who  holds  or
 promotes  the  mass  gathering as defined in subdivision five of section
 two hundred twenty-five of this article not to exceed twenty-five  thou-

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 sand  dollars  per  day, for each violation of or failure to comply with
 any term or provision of the state sanitary code as it relates to public
 water systems that serve a population of five thousand or  more  persons
 or any mass gatherings, which penalty may be assessed after a hearing or
 an opportunity to be heard; AND
   (F)  SEEK  TO OBTAIN A WARRANT BASED ON PROBABLE CAUSE THAT A LICENSEE
 HAS COMMITTED PROFESSIONAL MISCONDUCT OR A CRIME FROM A JUDICIAL OFFICER
 AUTHORIZED TO ISSUE A WARRANT.  SUCH WARRANT SHALL AUTHORIZE THE COMMIS-
 SIONER AND ANY PERSON AUTHORIZED BY HIM TO HAVE THE AUTHORITY TO INSPECT
 ALL GROUNDS, ERECTIONS,  VEHICLES,  STRUCTURES,  APARTMENTS,  BUILDINGS,
 PLACES  AND  THE  CONTENTS  THEREIN  AND  TO  REMOVE ANY BOOKS, RECORDS,
 PAPERS, DOCUMENTS, COMPUTERS,  ELECTRONIC  DEVICES  AND  OTHER  PHYSICAL
 OBJECTS.
   § 6. Subdivision 1 of section 230 of the public health law, as amended
 by chapter 537 of the laws of 1998, is amended to read as follows:
   1. A state board for professional medical conduct is hereby created in
 the  department  in  matters  of  professional  misconduct as defined in
 sections sixty-five hundred thirty and sixty-five hundred thirty-one  of
 the  education  law.  Its  physician  members  shall be appointed by the
 commissioner at least eighty-five percent of whom shall  be  from  among
 nominations  submitted  by the medical society of the state of New York,
 the New York state osteopathic society, the New York  academy  of  medi-
 cine, county medical societies, statewide specialty societies recognized
 by  the council of medical specialty societies, and the hospital associ-
 ation of New York state. Its lay  members  shall  be  appointed  by  the
 commissioner  with  the  approval  of the governor. The board of regents
 shall also appoint twenty percent of the members of the board. Not  less
 than  sixty-seven  percent  of  the  members  appointed  by the board of
 regents shall be physicians. Not less than eighty-five  percent  of  the
 physician  members appointed by the board of regents shall be from among
 nominations submitted by the medical society of the state of  New  York,
 the  New  York  state osteopathic society, the New York academy of medi-
 cine, county medical societies, statewide medical  societies  recognized
 by  the council of medical specialty societies, and the hospital associ-
 ation of New York state. Any failure to meet the  percentage  thresholds
 stated  in  this  subdivision  shall not be grounds for invalidating any
 action by or on authority of the board for professional medical  conduct
 or  a  committee or a member thereof. The board for professional medical
 conduct shall consist of not fewer than eighteen physicians licensed  in
 the  state  for  at  least  five  years, two of whom shall be doctors of
 osteopathy, not fewer than two of whom shall be physicians who  dedicate
 a  significant  portion of their practice to the use of non-conventional
 medical treatments who may be nominated by New York state medical  asso-
 ciations  dedicated  to the advancement of such treatments, at least one
 of whom shall have expertise in palliative  care,  and  not  fewer  than
 seven  lay  members.  An  executive  secretary shall be appointed by the
 chairperson and shall be a licensed physician. Such executive  secretary
 shall  not  be  a member of the board, shall hold office at the pleasure
 of, and shall have the powers and duties assigned and the annual  salary
 fixed  by[,  the  chairperson.  The  chairperson  shall also assign such
 secretaries or other persons to the board as are necessary] THE  COMMIS-
 SIONER.
   §  7. Clause (C) of subparagraph (iii) of paragraph (a) of subdivision
 10 of section 230 of the public health law, as amended by chapter 477 of
 the laws of 2008, is amended to read as follows:

 S. 7507--A                         111                        A. 9507--A
 
   (C) If the director determines that the matter shall be  submitted  to
 an investigation committee, an investigation committee shall be convened
 [within  ninety  days  of  any  interview of the licensee]. The director
 shall present the investigation committee  with  relevant  documentation
 including, but not limited to: (1) a copy of the original complaint; (2)
 the  report  of  the  interviewer and the stenographic record if one was
 taken; (3) the report of any medical or scientific expert; (4) copies of
 reports  of  any  patient  record  reviews;  and  (5)   the   licensee's
 submissions.
   §  8.  Subparagraph  (v) of paragraph (a) of subdivision 10 of section
 230 of the public health law, as amended by chapter 477 of the  laws  of
 2008, is amended to read as follows:
   (v)  The  files of the office of professional medical conduct relating
 to the investigation of possible instances  of  professional  misconduct
 shall  be  confidential  and not subject to disclosure at the request of
 any person, except as provided by law in a pending  disciplinary  action
 or  proceeding.  The  provisions of this paragraph shall not prevent the
 office from sharing information  concerning  investigations  within  the
 department  and, pursuant to subpoena, with other duly authorized public
 agencies responsible for  professional  regulation  or  criminal  prose-
 cution.  Nothing in this subparagraph shall affect the duties of notifi-
 cation set forth in subdivision nine-a of this section  or  prevent  the
 publication  of charges or of the findings, conclusions, determinations,
 or order of a hearing committee pursuant to paragraphs  (d)  or  (g)  of
 this  subdivision. In addition, the commissioner may, IN HIS OR HER SOLE
 DISCRETION, disclose [the] ANY information [when, in his or her  profes-
 sional  judgment, disclosure of such information would avert or minimize
 a public health  threat]  RELATING  TO  THE  INVESTIGATION  OF  POSSIBLE
 INSTANCES  OF  PROFESSIONAL  MISCONDUCT.  Any  such disclosure shall not
 affect the confidentiality of other information  in  the  files  of  the
 office of professional medical conduct related to the investigation.
   §  9. Subparagraphs (i) and (ii) of paragraph (d) of subdivision 10 of
 section 230 of the public health law, as amended by chapter 477  of  the
 laws of 2008, are amended to read as follows:
   (i)  A  copy  of  the  charges  and the notice of the hearing shall be
 served on the licensee EITHER: (A) personally [by the  board]  at  least
 thirty  days  before  the hearing[.]; (B) [If personal service cannot be
 made after due diligence and such fact is certified under oath,  a  copy
 of  the charges and the notice of hearing shall be served] by registered
 or certified mail to the licensee's [last known] CURRENT RESIDENTIAL  OR
 PRACTICE  address [by the board] MAILED at least fifteen days before the
 hearing; (C) BY REGISTERED OR CERTIFIED  MAIL  TO  THE  LICENSEE'S  MOST
 RECENT MAILING ADDRESS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWO OF THE
 EDUCATION LAW OR THE LICENSEE'S MOST RECENT MAILING ADDRESS ON FILE WITH
 THE DEPARTMENT OF EDUCATION PURSUANT TO THE NOTIFICATION REQUIREMENT SET
 FORTH  IN  SUBDIVISION  FIVE OF SUCH SECTION, MAILED AT LEAST FORTY-FIVE
 DAYS BEFORE THE HEARING; OR (D) BY FIRST  CLASS  MAIL  TO  AN  ATTORNEY,
 LICENSED  TO  PRACTICE  IN  THE STATE, WHO HAS APPEARED ON BEHALF OF THE
 LICENSEE AND WHO HAS BEEN PROVIDED WITH  WRITTEN  AUTHORIZATION  OF  THE
 LICENSEE TO ACCEPT SERVICE, MAILED AT LEAST THIRTY DAYS BEFORE THE HEAR-
 ING.
   (ii)  The  charges  shall be made public, consistent with subparagraph
 (iv) of paragraph (a) of this subdivision, [no earlier than  five  busi-
 ness  days]  IMMEDIATELY after they are served, and the charges shall be
 accompanied by a statement advising the licensee that  such  publication
 will  occur;  [provided, however, that] charges may be made public imme-

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 diately upon issuance of the commissioner's order in the case of summary
 action taken pursuant to subdivision twelve of this section and no prior
 notification of such publication need be made to the licensee.
   §  10. Subparagraph (ii) of paragraph (m) of subdivision 10 of section
 230 of the public health law, as amended by chapter 606 of the  laws  of
 1991, is amended to read as follows:
   (ii)  Administrative  warning and consultation. If the director of the
 office of professional medical conduct, after obtaining the  concurrence
 of  a majority of a committee on professional conduct, and after consul-
 tation with the executive secretary, determines that there  is  substan-
 tial  evidence of professional misconduct of a minor or technical nature
 or of substandard medical practice which  does  not  constitute  profes-
 sional  misconduct,  the  director  may  issue an administrative warning
 and/or provide for consultation with a panel of  one  or  more  experts,
 chosen  by  the director. Panels of one or more experts may include, but
 shall not be limited to, a peer review committee  of  a  county  medical
 society  or a specialty board. Administrative warnings and consultations
 shall be [confidential and] MADE PUBLIC, BUT  shall  not  constitute  an
 adjudication of guilt or be used as evidence that the licensee is guilty
 of the alleged misconduct. However, in the event of a further allegation
 of  similar  misconduct by the same licensee, the matter may be reopened
 and further proceedings instituted as provided in this section.
   § 11. Paragraph (p) of subdivision 10 of section  230  of  the  public
 health law, as amended by chapter 599 of the laws of 1996, is amended to
 read as follows:
   (p)  Convictions  of  crimes or administrative violations.  EXCEPT FOR
 GOOD CAUSE SHOWN, A LICENSEE SHALL NOTIFY THE DEPARTMENT WITHIN  TWENTY-
 FOUR HOURS OF HAVING BEEN CHARGED WITH A CRIME IN ANY JURISDICTION OR OF
 ANY  EVENT  MEETING THE DEFINITIONS OF PROFESSIONAL MISCONDUCT SET FORTH
 IN SUBDIVISION NINE OF SECTION SIXTY-FIVE HUNDRED THIRTY OF  THE  EDUCA-
 TION  LAW.  In  cases  of  professional  misconduct  based solely upon a
 violation of subdivision nine of section sixty-five  hundred  thirty  of
 the  education law, the director may direct that charges be prepared and
 served and may refer the matter to a committee on  professional  conduct
 for  its  review  and  report  of findings, conclusions as to guilt, and
 determination. In such cases, the notice of hearing shall state that the
 licensee shall file a written answer to each of the charges and  allega-
 tions  in  the  statement of charges no later than ten days prior to the
 hearing, and that any charge or allegation  not  so  answered  shall  be
 deemed  admitted, that the licensee may wish to seek the advice of coun-
 sel prior to filing such answer that the licensee may file a  brief  and
 affidavits with the committee on professional conduct, that the licensee
 may  appear personally before the committee on professional conduct, may
 be represented by counsel and may present evidence or sworn testimony in
 his or her behalf, and the notice may contain such other information  as
 may  be  considered appropriate by the director. The department may also
 present evidence or sworn testimony and file a brief at the  hearing.  A
 stenographic record of the hearing shall be made. Such evidence or sworn
 testimony  offered  to  the  committee  on professional conduct shall be
 strictly limited to evidence and testimony relating to  the  nature  and
 severity  of  the  penalty  to  be  imposed upon the licensee. Where the
 charges are based on the conviction of state law crimes in other  juris-
 dictions, evidence may be offered to the committee which would show that
 the  conviction would not be a crime in New York state. The committee on
 professional conduct may reasonably limit the number of witnesses  whose
 testimony  will  be  received and the length of time any witness will be

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 permitted to testify. The determination of the committee shall be served
 upon the licensee and the department in accordance with  the  provisions
 of  paragraph  (h) of this subdivision. A determination pursuant to this
 subdivision  may  be  reviewed  by  the  administrative review board for
 professional medical conduct.
   § 12. Subdivision 12 of section 230  of  the  public  health  law,  as
 amended  by chapter 627 of the laws of 1996, paragraph (a) as amended by
 chapter 477 of the laws of 2008 and paragraph (b) as amended by  section
 3  of  part  CC of chapter 57 of the laws of 2018, is amended to read as
 follows:
   12. Summary action. (a) Whenever the  commissioner,  (i)  after  being
 presented with information indicating that a licensee is causing, engag-
 ing  in or maintaining a condition or activity which has resulted in the
 transmission or suspected transmission, or is  likely  to  lead  to  the
 transmission,  of  communicable disease as defined in the state sanitary
 code or HIV/AIDS, by the state and/or a local health department  and  if
 in  the  commissioner's opinion it would be prejudicial to the interests
 of the people to delay action until an opportunity for a hearing can  be
 provided  in  accordance  with  the prehearing and hearing provisions of
 this section; [or] (ii) AFTER REQUIRING THAT A  LICENSEE  PRODUCE  DOCU-
 MENTS  IN ACCORDANCE WITH SUBDIVISION FOUR OF SECTION TWO HUNDRED SIX OF
 THIS CHAPTER, AND SUCH LICENSEE HAS FAILED TO PRODUCE THE REQUIRED DOCU-
 MENTS WITHIN TEN DAYS, OR WITHIN SUCH SHORTER PERIOD AS  MAY  HAVE  BEEN
 SPECIFIED  IN  THE COMMISSIONER'S WRITTEN DEMAND FOR DOCUMENTS; OR (III)
 after an investigation and a recommendation by a  committee  on  profes-
 sional  conduct  of  the  state  board for professional medical conduct,
 based upon a determination that a licensee is causing,  engaging  in  or
 maintaining  a condition or activity which in the commissioner's opinion
 [constitutes an imminent danger] PRESENTS A RISK to the  health  of  the
 people, and that it therefore appears to be prejudicial to the interests
 of  the people to delay action until an opportunity for a hearing can be
 provided in accordance with the prehearing  and  hearing  provisions  of
 this  section;  the  commissioner  may  order  the  licensee, by written
 notice, to discontinue such dangerous  condition  or  activity  or  take
 certain  action  immediately  and  for  a period of [ninety] ONE HUNDRED
 TWENTY days from the date of service of the order. Within  [ten]  THIRTY
 days  from  the  date  of service of the said order, the state board for
 professional medical conduct shall commence and regularly schedule  such
 hearing proceedings as required by this section, provided, however, that
 the  hearing  shall be completed within [ninety] ONE HUNDRED TWENTY days
 of the date of service of the order. To the extent  that  the  issue  of
 [imminent danger] RISK TO THE HEALTH OF THE PEOPLE can be proven without
 the  attorney  representing  the  office of professional medical conduct
 putting in its entire case, the  committee  of  the  board  shall  first
 determine  whether  by  a  preponderance of the evidence the licensee is
 causing, engaging in  or  maintaining  a  condition  or  activity  which
 [constitutes  an  imminent  danger] PRESENTS A RISK to the health of the
 people. The attorney representing the  office  of  professional  medical
 conduct  shall have the burden of going forward and proving by a prepon-
 derance of the evidence that the licensee's condition, activity or prac-
 tice [constitutes an imminent danger] PRESENTS A RISK to the  health  of
 the  people.  The  licensee shall have an opportunity to be heard and to
 present proof. When both the office  and  the  licensee  have  completed
 their  cases  with  respect to the question of [imminent danger] RISK TO
 THE HEALTH OF THE PEOPLE, the committee shall promptly make a  recommen-
 dation to the commissioner on the issue of [imminent danger] RISK TO THE

 S. 7507--A                         114                        A. 9507--A
 
 HEALTH  OF  THE PEOPLE and determine whether the summary order should be
 left in effect, modified or vacated, and continue the hearing on all the
 remaining charges, if any, in accordance with paragraph (f) of  subdivi-
 sion ten of this section. Within ten days of the committee's recommenda-
 tion,  the  commissioner  shall  determine  whether  or not to adopt the
 committee's recommendations, in whole or in part,  and  shall  leave  in
 effect,  modify or vacate his summary order. The state board for profes-
 sional medical conduct shall make every reasonable effort to  avoid  any
 delay in completing and determining such proceedings. If, at the conclu-
 sion  of  the  hearing, (i) the hearing committee of the board finds the
 licensee guilty of one or more of the charges which are  the  basis  for
 the summary order, (ii) the hearing committee determines that the summa-
 ry  order  continue,  and (iii) the ninety day term of the order has not
 expired, the summary order shall remain in full force and effect until a
 final decision has been rendered by  the  committee  or,  if  review  is
 sought,  by  the  administrative  review board. A summary order shall be
 public upon issuance.
   (b) When a licensee has pleaded or been found guilty or  convicted  of
 committing  an  act  constituting  a  felony under New York state law or
 federal law, or the law of  another  jurisdiction  which,  if  committed
 within  this state, would have constituted a felony under New York state
 law, or when a licensee has been charged with committing an act  consti-
 tuting a felony under New York state or federal law or the law of anoth-
 er jurisdiction, where the licensee's alleged conduct, which, if commit-
 ted  within  this  state, would have constituted a felony under New York
 state law, and [in the commissioner's  opinion  the  licensee's  alleged
 conduct  constitutes  an  imminent  danger] WHERE THE LICENSEE'S ALLEGED
 CONDUCT MAY PRESENT A RISK to the health of the people, or when the duly
 authorized professional disciplinary agency of another jurisdiction  has
 made  a  finding substantially equivalent to a finding that the practice
 of medicine by the licensee in that jurisdiction [constitutes  an  immi-
 nent  danger]  PRESENTS  A  RISK  to the health of its people, or when a
 licensee has been disciplined by a duly authorized  professional  disci-
 plinary  agency  of  another jurisdiction for acts which if committed in
 this state would have constituted the basis for summary  action  by  the
 commissioner  pursuant to paragraph (a) of this subdivision, the commis-
 sioner, after a recommendation by a committee of professional conduct of
 the state board for professional medical conduct, may order  the  licen-
 see,  by written notice, to discontinue or refrain from practicing medi-
 cine in whole or in part or to take certain actions authorized  pursuant
 to  this  title immediately. The order of the commissioner shall consti-
 tute summary action against the licensee and become  public  upon  issu-
 ance.  The  summary  suspension  shall  remain in effect until the final
 conclusion of a hearing which shall commence within ninety days  of  the
 date  of  service  of  the commissioner's order, end within [ninety] ONE
 HUNDRED EIGHTY days thereafter and otherwise be held in accordance  with
 paragraph  (a)  of  this  subdivision,  provided, however, that when the
 commissioner's order is based upon a finding substantially equivalent to
 a finding that the practice of  medicine  by  the  licensee  in  another
 jurisdiction  [constitutes  an  imminent  danger] PRESENTS A RISK to the
 health of its people, the hearing  shall  commence  within  thirty  days
 after  the  disciplinary  proceedings  in  that jurisdiction are finally
 concluded. If, at any time, the felony charge is dismissed, withdrawn or
 reduced to a non-felony charge, the commissioner's summary  order  shall
 terminate.

 S. 7507--A                         115                        A. 9507--A
 
   §  13.  Paragraph (a) of subdivision 1 of section 2803-e of the public
 health law, as amended by chapter 294 of the laws of 1985, is amended to
 read as follows:
   (a)  Hospitals  and other facilities approved pursuant to this article
 shall make a report or cause a report to be made within thirty  days  of
 the  occurrence  of  any  of the following: the suspension, restriction,
 termination or curtailment of the training, employment,  association  or
 professional privileges or the denial of the certification of completion
 of  training  of  an  individual  licensed pursuant to the provisions of
 title eight of the education law or of  a  medical  resident  with  such
 facility  for  reasons  related in any way to alleged mental or physical
 impairment, incompetence, malpractice or  misconduct  or  impairment  of
 patient  safety  or welfare; the voluntary or involuntary resignation or
 withdrawal of association or of privileges with such facility  to  avoid
 the imposition of disciplinary measures; NOTIFICATION BY THE HOSPITAL OR
 FACILITY,  TO  ANY  ENTITY  PROVIDING  PERSONNEL TO PERFORM PROFESSIONAL
 SERVICES TO SUCH HOSPITAL OR FACILITY, THAT THE ENTITY SHALL NOT  ASSIGN
 A  PARTICULAR  INDIVIDUAL  TO  PROVIDE  SUCH SERVICES TO THE HOSPITAL OR
 FACILITY, FOR REASONS RELATED IN ANY WAY TO ALLEGED MENTAL  OR  PHYSICAL
 IMPAIRMENT,  INCOMPETENCE,  MALPRACTICE  OR  MISCONDUCT OR IMPAIRMENT OF
 PATIENT SAFETY OR WELFARE; or the receipt of information which indicates
 that any professional licensee or medical resident has been convicted of
 a crime; the denial of staff privileges to a physician  if  the  reasons
 stated for such denial are related to alleged mental or physical impair-
 ment,  incompetence,  malpractice,  misconduct  or impairment of patient
 safety or welfare.
   § 14. This act shall take effect immediately and shall  be  deemed  to
 have been in full force and effect on and after April 1, 2020; provided,
 however,  that  the  amendments  to  paragraph  (a) of subdivision 10 of
 section 230 of the public health law made by sections 7 and  8  of  this
 act  shall  not affect the expiration of such paragraph and shall expire
 therewith.
 
                                  PART M
 
   Section 1. Paragraphs 56 and 57 of subdivision (b) of  schedule  I  of
 section  3306 of the public health law, as added by section 4 of part BB
 of chapter 57 of the laws of 2018, are amended to read as follows:
   (56) [3,4-dichloro-N-{(1-dimethylamino)    cyclohexylmethyl}benzamide]
 3,4-DICHLORO-N-{(1-DIMETHYLAMINO)CYCLOHEXYLMETHYL}BENZAMIDE.  Some trade
 or other names: AH-7921.
   (57) [N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide  (Acetyl  Fenta-
 nyl)] N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLACETAMIDE.   SOME  TRADE  OR
 OTHER NAMES: ACETYL FENTANYL.
   §  2.  Subdivision  (b)  of  schedule  I of section 3306 of the public
 health law is amended by adding twenty-four new paragraphs 58,  59,  60,
 61,  62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78,
 79, 80 and 81 to read as follows:
   (58)  N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLBUTYRAMIDE.  OTHER   NAME:
 BUTYRYL FENTANYL.
   (59) N-{1-{2-HYDROXY-2-(THIOPHEN-2-YL)ETHYL}PIPERIDIN-4-YL}-N-PHENYLP-
 ROPIONAMIDE.  OTHER NAME: BETA-HYDROXYTHIOFENTANYL.
   (60) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLFURAN-2-CARBOXAMIDE.  OTHER
 NAME: FURANYL FENTANYL.
   (61)  3,4-DICHLORO-N-{2-(DIMETHYLAMINO) CYCLOHEXYL}-N-METHYLBENZAMIDE.
 OTHER NAME:  U-47700.

 S. 7507--A                         116                        A. 9507--A

   (62) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLACRYLAMIDE.   OTHER  NAMES:
 ACRYL FENTANYL OR ACRYLOYLFENTANYL.
   (63)    N-(4-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ISOBUTYRAMIDE.
 OTHER NAMES:  4-FLUOROISOBUTYRYL FENTANYL, PARA-FLUOROISOBUTYRYL  FENTA-
 NYL.
   (64)     N-(2-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)PROPIONAMIDE.
 OTHER NAMES: ORTHO-FLUOROFENTANYL OR 2-FLUOROFENTANYL.
   (65)   N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLTETRAHYDROFURAN-2-CARBOX-
 AMIDE.  OTHER NAME: TETRAHYDROFURANYL FENTANYL.
   (66) 2-METHOXY-N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLACETAMIDE.  OTHER
 NAME:  METHOXYACETYL FENTANYL.
   (67) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLCYCLOPROPANECARBOXAMIDE.
 OTHER NAME: CYCLOPROPYL FENTANYL.
   (68)  N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLPENTANAMIDE.   OTHER NAME:
 VALERYL FENTANYL.
   (69) N-(4-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)BUTYRAMIDE. OTHER
 NAME: PARA-FLUOROBUTYRYLFENTANYL.
   (70) N-(4-METHOXYPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)BUTYRAMIDE.
 OTHER NAME: PARA-METHOXYBUTYRYL FENTANYL.
   (71)    N-(4-CHLOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ISOBUTYRAMIDE.
 OTHER NAME: PARA-CHLOROISOBUTYRYL FENTANYL.
   (72) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLISOBUTYRAMIDE.  OTHER NAME:
 ISOBUTYRYL FENTANYL.
   (73)    N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLCYCLOPENTANECARBOXAMIDE.
 OTHER NAME:  CYCLOPENTYL FENTANYL.
   (74) N-(2-FLUOROPHENYL)-2-METHOXY-N-(1-PHENETHYLPIPERIDIN-4-YL)ACETAM-
 IDE. OTHER NAME: OCFENTANIL.
   (75) 1-CYCLOHEXYL-4-(1,2-DIPHENYLETHYL)PIPERAZINE.  OTHER NAME: MT-45.
   (76) N-(1-(2-FLUOROPHENETHYL)PIPERIDIN-4-YL)-N-(2-FLUOROPHENYL)PROPION-
 AMIDE.  SOME TRADE OR OTHER NAMES: 2'-FLUORO ORTHO-FLUOROFENTANYL.
   (77) N-(2-METHYLPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ACETAMIDE.   SOME
 TRADE OR OTHER NAMES: ORTHO-METHYL ACETYLFENTANYL.
   (78)   N-(1-PHENETHYLPIPERIDIN-4-YL)-N,3-DIPHENYLPROPANAMIDE.     SOME
 TRADE OR OTHER NAMES: BETA'-PHENYL FENTANYL; HYDROCINNAMOYL FENTANYL.
   (79)    N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLTHIOPHENE-2-CARBOXAMIDE.
 SOME TRADE OR OTHER NAMES: THIOFURANYL FENTANYL.
   (80)  (E)-N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLBUT-2-ENAMIDE.    SOME
 TRADE OR OTHER NAMES: CROTONYL FENTANYL.
   (81) FENTANYL-RELATED SUBSTANCES, THEIR ISOMERS, ESTERS, ETHERS, SALTS
 AND SALTS OF ISOMERS, ESTERS AND  ETHERS.    FENTANYL-RELATED  SUBSTANCE
 MEANS ANY SUBSTANCE NOT OTHERWISE LISTED IN THIS SECTION, THAT IS STRUC-
 TURALLY  RELATED  TO  FENTANYL BY ONE OR MORE OF THE FOLLOWING MODIFICA-
 TIONS:
   (I) REPLACEMENT OF THE PHENYL PORTION OF THE PHENETHYL  GROUP  BY  ANY
 MONOCYCLE, WHETHER OR NOT FURTHER SUBSTITUTED IN OR ON THE MONOCYCLE;
   (II)  SUBSTITUTION  IN  OR ON THE PHENETHYL GROUP WITH ALKYL, ALKENYL,
 ALKOXYL, HYDROXYL, HALO, HALOALKYL, AMINO OR NITRO GROUPS;
   (III) SUBSTITUTION IN OR ON THE PIPERIDINE RING WITH  ALKYL,  ALKENYL,
 ALKOXYL, ESTER, ETHER, HYDROXYL, HALO, HALOALKYL, AMINO OR NITRO GROUPS;
   (IV)  REPLACEMENT  OF  THE  ANILINE  RING  WITH ANY AROMATIC MONOCYCLE
 WHETHER OR NOT FURTHER SUBSTITUTED IN  OR  ON  THE  AROMATIC  MONOCYCLE;
 AND/OR
   (V) REPLACEMENT OF THE N-PROPIONYL GROUP BY ANOTHER ACYL GROUP.
   §  3.  Subdivision  (c)  of  schedule II of section 3306 of the public
 health law is amended by adding two new paragraphs 29 and 30 to read  as
 follows:

 S. 7507--A                         117                        A. 9507--A
 
   (29) THIAFENTANIL.
   (30) NORFENTANYL.
   §  4. Section 3308 of the public health law is amended by adding a new
 subdivision 7 to read as follows:
   7. THE COMMISSIONER MAY, BY  REGULATION,  CLASSIFY  AS  A  SCHEDULE  I
 CONTROLLED SUBSTANCE IN SECTION THREE THOUSAND THREE HUNDRED SIX OF THIS
 ARTICLE  ANY  SUBSTANCE LISTED IN SCHEDULE I OF THE FEDERAL SCHEDULES OF
 CONTROLLED SUBSTANCES IN 21 USC § 812 OR 21 CFR § 1308.11.
   § 5. 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.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART N
 
   Section 1. The public health law is amended by adding  a  new  section
 2803-z to read as follows:
   § 2803-Z. ANTIMICROBIAL RESISTANCE PREVENTION AND EDUCATION.  1. EVERY
 GENERAL HOSPITAL AND NURSING HOME SHALL ESTABLISH AND IMPLEMENT AN ANTI-
 BIOTIC  STEWARDSHIP  PROGRAM  THAT MEETS OR EXCEEDS FEDERAL MEDICARE AND
 MEDICAID  CONDITIONS  OF  PARTICIPATION  FOR  ANTIMICROBIAL  STEWARDSHIP
 PROGRAMS  IN  HEALTH CARE FACILITIES.   ADDITIONALLY, SUCH PROGRAM SHALL
 INCORPORATE AN ONGOING PROCESS TO MEASURE THE  IMPACT  OF  THE  PROGRAM,
 INCLUDING  REVIEW,  AT LEAST ANNUALLY, OF ANTIMICROBIAL UTILIZATION DATA
 WITH DEVELOPMENT OF RESPONSE PLANS FOR HIGH OR INCREASING UTILIZATION.
   2. EVERY GENERAL HOSPITAL AND NURSING HOME SHALL ESTABLISH AND  IMPLE-
 MENT   TRAINING   REGARDING   ANTIMICROBIAL   RESISTANCE  AND  INFECTION
 PREVENTION AND CONTROL, OR ENSURE THAT SUCH TRAINING HAS TAKEN PLACE, IN
 ADDITION TO OR WITHIN EXISTING INFECTION CONTROL TRAINING PROGRAMS,  FOR
 ALL  INDIVIDUALS  LICENSED  OR  CERTIFIED PURSUANT TO TITLE EIGHT OF THE
 EDUCATION LAW AND WHO ARE REQUIRED TO COMPLETE  COURSEWORK  OR  TRAINING
 REGARDING INFECTION CONTROL PURSUANT TO SECTION 239 OF THE PUBLIC HEALTH
 LAW OR SECTION 6505-B OF THE EDUCATION LAW.
   3.  THE  COMMISSIONER  SHALL MAKE SUCH RULES AND REGULATIONS AS MAY BE
 NECESSARY AND PROPER TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.
 
                                  PART O
 
   Section 1. Subdivisions 1, 4-b, and 7 of section 2805-i of the  public
 health  law, subdivision 1 as amended by section 1 of part HH of chapter
 57 of the laws of 2018, paragraph (c) of subdivision  1  as  amended  by
 chapter  681  of  the  laws  of 2019, subdivisions 4-b and 7 as added by
 chapter 1 of the laws of 2000, subparagraph 1 of paragraph (b) and para-
 graph (c) of subdivision 4-b as amended by chapter 292 of  the  laws  of

 S. 7507--A                         118                        A. 9507--A
 
 2008,  and  subdivision  7  as  renumbered by chapter 407 of the laws of
 2018, are amended to read as follows:
   1.  [Every]  WHEN AN ALLEGED VICTIM OF A SEXUAL OFFENSE SEEKS SERVICES
 FROM A HOSPITAL WITH AN EMERGENCY DEPARTMENT, SUCH  hospital  [providing
 treatment  to  alleged victims of a sexual offense] shall be responsible
 for:
   (a) maintaining sexual offense evidence and the chain  of  custody  as
 provided in subdivision two of this section;
   (b)  contacting  a  rape  crisis or victim assistance organization, if
 any, providing victim assistance to the geographic area served  by  that
 hospital to establish the coordination of non-medical services to sexual
 offense victims who request such coordination and services;
   (c) offering and making available appropriate HIV post-exposure treat-
 ment therapies; including a full regimen of HIV post-exposure prophylax-
 is, in cases where it has been determined, in accordance with guidelines
 issued  by  the  commissioner,  that  a  significant exposure to HIV has
 occurred. With the consent of the victim of a sexual assault, the hospi-
 tal emergency room department shall provide or arrange for  an  appoint-
 ment  for medical follow-up related to HIV post-exposure prophylaxis and
 other care as appropriate, and inform the victim that payment assistance
 for such care may be available from the office of victim services pursu-
 ant to the provisions of article twenty-two of the executive law; [and]
   (d) ensuring sexual  assault  survivors  are  not  billed  for  sexual
 assault  forensic  exams  and  are notified orally and in writing of the
 option to decline to provide private health  insurance  information  and
 have  the  office of victim services reimburse the hospital for the exam
 pursuant to subdivision thirteen of section six  hundred  thirty-one  of
 the executive law[.];
   (E)  ENSURING THAT THE VICTIM, ABSENT EXIGENT CIRCUMSTANCES, IS MET BY
 A SEXUAL ASSAULT FORENSIC EXAMINER WITHIN SIXTY MINUTES OF  ARRIVING  AT
 THE  HOSPITAL AND THAT THE VICTIM, UPON CONSENT, IS PROMPTLY EXAMINED BY
 SUCH SEXUAL ASSAULT FORENSIC EXAMINER IN A PRIVATE ROOM  DESIGNATED  FOR
 SUCH EXAMINATIONS;
   (1)  THE  TERM  EXAMINATION  MEANS THE SEXUAL ASSAULT MEDICAL FORENSIC
 EXAMINATION, WHICH MAY INCLUDE, UPON CONSENT OF  THE  VICTIM,  GATHERING
 INFORMATION  FROM THE VICTIM FOR THE MEDICAL FORENSIC HISTORY; A MEDICAL
 EXAMINATION;  COORDINATING  TREATMENT  OF  INJURIES,  DOCUMENTATION   OF
 BIOLOGICAL  AND  PHYSICAL  FINDINGS, AND COLLECTION OF EVIDENCE FROM THE
 VICTIM USING THE SEXUAL OFFENSE EVIDENCE COLLECTION  KIT;  DOCUMENTATION
 OF  FINDINGS;  INFORMATION, TREATMENT, AND REFERRALS FOR SEXUALLY TRANS-
 MITTED INFECTIONS, PREGNANCY, SUICIDAL IDEATION, ALCOHOL  AND  SUBSTANCE
 ABUSE,  AND  OTHER  NONACUTE  MEDICAL CONCERNS; AND ASSESSMENT FOR ADDI-
 TIONAL TREATMENT AND SERVICES.
   (2) THE SEXUAL ASSAULT FORENSIC EXAMINER SHALL BE A NURSE  PRACTITION-
 ER, PHYSICIAN ASSISTANT, REGISTERED NURSE OR PHYSICIAN SPECIALLY TRAINED
 AND  CERTIFIED IN FORENSIC EXAMINATION OF SEXUAL OFFENSE VICTIMS AND THE
 PRESERVATION OF FORENSIC EVIDENCE IN SUCH CASES, PURSUANT TO REGULATIONS
 PROMULGATED BY THE COMMISSIONER.  A  SEXUAL  ASSAULT  FORENSIC  EXAMINER
 SHALL  BE  AVAILABLE  ON A TWENTY-FOUR HOUR A DAY BASIS EVERY DAY OF THE
 YEAR.
   (3) DURING THE  EXAMINATION,  AN  OBSTETRICIAN/GYNECOLOGIST  OR  OTHER
 APPROPRIATE  MEDICAL  DOCTOR  SHALL BE READILY AVAILABLE TO THE FORENSIC
 EXAMINER IF THERE IS A NEED FOR MORE SPECIALIZED MEDICAL  EVALUATION  OR
 TREATMENT.
   (4)  PROMPTLY  AFTER THE EXAMINATION IS COMPLETED, THE VICTIM SHALL BE
 PERMITTED TO SHOWER, BE PROVIDED WITH A CHANGE OF CLOTHING, AND  RECEIVE

 S. 7507--A                         119                        A. 9507--A
 
 FOLLOW-UP  INFORMATION,  COUNSELING, MEDICAL TREATMENT AND REFERRALS FOR
 SAME;
   (F)  DESIGNATING  A  QUALIFIED STAFF PERSON TO EXERCISE ADMINISTRATIVE
 AND CLINICAL OVERSIGHT OF THE TREATMENT OF SEXUAL ASSAULT  PATIENTS  WHO
 SEEK  CARE  IN THE HOSPITAL'S EMERGENCY DEPARTMENT, AND DEVELOP POLICIES
 AND PROCEDURES TO GUARANTEE SUFFICIENT STAFFING TO MEET THE REQUIREMENTS
 OF THIS SECTION;
   (G) ENSURING THAT ALL EMERGENCY DEPARTMENT PERSONNEL RECEIVE  TRAINING
 REGARDING  STANDARDS  OF CARE FOR ASSESSMENT AND TREATMENT OF VICTIMS OF
 SEXUAL ASSAULT. SUCH TRAINING SHALL BE PROVIDED BY  OCTOBER  FIRST,  TWO
 THOUSAND TWENTY AND AT LEAST ANNUALLY THEREAFTER;
   (H) BEGINNING MARCH FIRST, TWO THOUSAND TWENTY-ONE, AND ANNUALLY THER-
 EAFTER, HOSPITALS WITH AN EMERGENCY DEPARTMENT SHALL PROVIDE AN ATTESTA-
 TION TO THE DEPARTMENT, WHICH SHALL:
   (1)  DETAIL  THE  NUMBER  OF DULY TRAINED AND CERTIFIED SEXUAL ASSAULT
 FORENSIC EXAMINERS AVAILABLE TO THE HOSPITAL, PURSUANT TO PARAGRAPH  (E)
 OF THIS SUBDIVISION;
   (2)  LIST THE NAME AND CONTACT INFORMATION OF THE STAFF PERSON WHO HAS
 BEEN DESIGNATED BY THE HOSPITAL  TO  OVERSEE  THE  TREATMENT  OF  SEXUAL
 ASSAULT PATIENTS, PURSUANT TO PARAGRAPH (F) OF THIS SUBDIVISION; AND
   (3)  AFFIRM THAT THE HOSPITAL HAS COMPLETED TRAININGS REGARDING STAND-
 ARDS OF CARE FOR ASSESSMENT AND TREATMENT OF VICTIMS OF SEXUAL  ASSAULT,
 PURSUANT TO PARAGRAPH (G) OF THIS SUBDIVISION; AND
   (I)  A  HOSPITAL  WITHOUT  AN  EMERGENCY  DEPARTMENT SHALL ESTABLISH A
 PROTOCOL FOR THE TRANSFER OF SEXUAL ASSAULT VICTIMS TO A  HOSPITAL  WITH
 AN  EMERGENCY  DEPARTMENT.  THE PROTOCOL MUST ADDRESS ALL PATIENT NEEDS,
 INCLUDING, BUT NOT LIMITED TO:
   (1) REQUIREMENTS TO OBTAIN CONSENT FROM THE SEXUAL ASSAULT VICTIM  FOR
 THE TRANSFER;
   (2) MEASURES TO ENSURE MINIMAL DELAY IN CARE;
   (3) PROCEDURES TO PREVENT LOSS OF EVIDENCE; AND
   (4) PROTOCOLS FOR PROVIDING CARE IF THE SEXUAL ASSAULT VICTIM DECLINES
 A  TRANSFER  TO A HOSPITAL WITH AN EMERGENCY DEPARTMENT. SUCH A PROTOCOL
 MAY INCLUDE HAVING A SEXUAL ASSAULT FORENSIC EXAMINER COME TO THE HOSPI-
 TAL.
   [4-b. (a) The commissioner shall, with the consent of the directors of
 interested hospitals in the state and in consultation with  the  commis-
 sioner of the division of criminal justice services, designate hospitals
 in  the state as the sites of a twenty-four hour sexual assault forensic
 examiner program. The hospital  sites  shall  be  designated  in  urban,
 suburban  and  rural  areas  to give as many state residents as possible
 ready access to the sexual  assault  forensic  examiner  program.    The
 commissioner,  in  consultation with the commissioner of the division of
 criminal justice services, shall consider the  following  criteria  when
 designating these sexual assault forensic examiner program sites:
   (1) the location of the hospital;
   (2)  the  hospital's capacity to provide on-site comprehensive medical
 services to victims of sexual offenses;
   (3) the capacity of the  hospital  site  to  coordinate  services  for
 victims  of  sexual  offenses  including  medical treatment, rape crisis
 counseling, psychological support, law enforcement assistance and foren-
 sic evidence collection;
   (4) the hospital's capacity to provide access to  the  sexual  assault
 forensic examiner site for disabled victims;
   (5) the hospital's existing services for victims of sexual offenses;

 S. 7507--A                         120                        A. 9507--A

   (6)  the  capacity  of  the  hospital site to collect uniform data and
 insure confidentiality of such data; and
   (7) the hospital's compliance with state and federally mandated stand-
 ards of medical care.
   (b)  Each  sexual  assault  forensic  examiner program site designated
 pursuant to this subdivision  shall  comply  with  the  requirements  of
 subdivisions  one, two and three of this section, and shall also provide
 treatment to the victim as follows:
   (1) The victim shall, absent exigent circumstances, be met by a sexual
 assault forensic examiner within sixty minutes of arriving at the hospi-
 tal, who shall be a nurse practitioner, physician assistant,  registered
 nurse  or  physician specially trained in forensic examination of sexual
 offense victims and the preservation of forensic evidence in such  cases
 and  certified  as  qualified to provide such services pursuant to regu-
 lations promulgated by the commissioner. Such program shall assure  that
 such a specially-trained forensic examiner is on-call and available on a
 twenty-four hour a day basis every day of the year.
   (2)  An  examination of the victim shall be performed promptly by such
 forensic examiner in a private room designated for such examinations. An
 obstetrician/gynecologist or other appropriate medical doctor  shall  be
 readily  available  to the forensic examiner if there is a need for more
 specialized medical evaluation or treatment.
   (3) Promptly after the examination is completed, the victim  shall  be
 permitted  to shower, be provided with a change of clothing, and receive
 follow-up information, counseling, medical treatment and  referrals  for
 same.
   (c)  Nothing in this subdivision shall affect the existence or contin-
 ued existence of any program in this state through which a trained nurse
 practitioner, physician assistant,  registered  nurse  or  physician  is
 providing  appropriate  forensic  examinations  and  related services to
 survivors of sexual assault.]
   7. On or before November thirtieth, two thousand  [two]  TWENTY-THREE,
 the  commissioner  shall  make  a  report to the governor, the temporary
 president of the senate and the speaker of the assembly  concerning  the
 USE  AND  EFFECTIVENESS  OF  sexual  assault  forensic [examiner program
 established under subdivision  four-b  of  this  section]  EXAMINERS  IN
 PROVIDING TREATMENT TO ALLEGED VICTIMS OF A SEXUAL OFFENSE, AS SET FORTH
 IN SUBDIVISION ONE OF THIS SECTION.  Such report shall include an evalu-
 ation  of  [the  efficacy  of  such program in obtaining useful forensic
 evidence in sexual offense cases and  assuring]  HOSPITALS'  ABILITY  TO
 PROVIDE  quality treatment to [sex] SEXUAL offense victims. [Such report
 shall also recommend whether this program should be expanded  and  shall
 estimate the financial cost, if any, of such expansion.]
   §  2.  This  act shall take effect October 1, 2020; provided, however,
 that if chapter 681 of the laws of 2019 shall not have taken  effect  on
 or  before such date then the amendments to paragraph (c) of subdivision
 one of section 2805-i of the public health law made by  section  one  of
 this  act  shall  take effect on the same date and in the same manner as
 such chapter.   Effective immediately, the  addition,  amendment  and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.
 
                                  PART P

 S. 7507--A                         121                        A. 9507--A
 
   Section  1.  Subdivisions 1 and 4 of section 1119 of the public health
 law, as amended by chapter 61 of the laws of 1989, are amended  to  read
 as follows:
   1.  At  the time of submitting a plan for approval as required by this
 article, a filing fee computed at the rate of [twelve dollars and  fifty
 cents]  FIFTY  DOLLARS per lot shall be paid to the department or to the
 city, county or part-county  health  district  wherein  such  plans  are
 filed.
   4.  Notwithstanding any other provision of this title the commissioner
 [of health] is empowered to make administrative  arrangements  with  the
 commissioner  of  environmental  conservation  for  joint or cooperative
 administration of this title and title fifteen of article  seventeen  of
 the  environmental  conservation  law,  such  that only one plan must be
 filed and only one fee totaling [twenty-five] ONE  HUNDRED  dollars  per
 lot must be paid.
   §  2.  Subdivision  4  of  section  1393  of the public health law, as
 amended by chapter 439 of the laws  of  2009,  is  amended  to  read  as
 follows:
   4.  The  fee for a permit shall be [two] EIGHT hundred dollars, except
 that no fee shall be charged in the  case  of  a  children's  overnight,
 summer  day  or  traveling  summer  day camp operated by a person, firm,
 corporation or association for charitable,  philanthropic  or  religious
 purposes.
   §  3. Subdivision 2 of section 3551 of the public health law, as added
 by chapter 378 of the laws of 1990, is amended to read as follows:
   2. The department shall license each applicant who submits an applica-
 tion on a form prescribed by the commissioner and meets the requirements
 of this article and any rules or  regulations  promulgated  pursuant  to
 this article, upon payment of a registration fee of [thirty] ONE HUNDRED
 TWENTY dollars.
   §  4. Subdivision 1 of section 3554 of the public health law, as added
 by chapter 378 of the laws of 1990, is amended to read as follows:
   1. The commissioner shall inspect each tanning facility licensed under
 this article and each ultraviolet radiation  device  used,  offered,  or
 made  available  for use in such facility, not less than biennially. The
 commissioner may establish a fee for such inspection,  which  shall  not
 exceed  [fifty]  TWO  HUNDRED  dollars per ultraviolet radiation device;
 provided, however, that no facility shall be required to  pay  any  such
 fee  on  more than one occasion in any biennial registration period. The
 commissioner may appoint and designate, from time to  time,  persons  to
 make the inspections authorized by this article.
   §  5.  Paragraph (a) of subdivision 2 of section 905 of the labor law,
 as added by chapter 166 of the laws of  1991,  is  amended  to  read  as
 follows:
   (a)  The  commissioner  of  health  shall assess a fee of no more than
 [twenty] FIFTY dollars  for  each  asbestos  safety  program  completion
 certificate  requested  by  the  training sponsor for each full asbestos
 safety program and a fee of no more than  [twelve]  THIRTY  dollars  for
 each  asbestos  safety  program  completion certificate requested by the
 training sponsor for each refresher training  asbestos  safety  program,
 provided,  however, that in no event shall the cost of such certificates
 be assessed by the sponsor against the participants.
   § 6. This act shall take effect immediately.
 
                                  PART Q

 S. 7507--A                         122                        A. 9507--A
 
   Section 1. The public health  law  is  amended  by  adding  three  new
 sections 1399-mm-1, 1399-mm-2, and 1399-mm-3 to read as follows:
   § 1399-MM-1. SALE OF FLAVORED PRODUCTS PROHIBITED. 1. FOR THE PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "FLAVORED"  SHALL MEAN ANY ELECTRONIC CIGARETTE, LIQUID NICOTINE,
 OR OTHER VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE  USED  WITH
 OR  FOR  THE  CONSUMPTION  OF  NICOTINE, WITH A DISTINGUISHABLE TASTE OR
 AROMA, OTHER THAN THE TASTE OR AROMA OF TOBACCO, IMPARTED  EITHER  PRIOR
 TO  OR  DURING  CONSUMPTION OF SUCH PRODUCT OR A COMPONENT PART THEREOF,
 INCLUDING BUT NOT LIMITED TO TASTES OR AROMAS  RELATING  TO  ANY  FRUIT,
 CHOCOLATE,  VANILLA,  HONEY,  CANDY, COCOA, DESSERT, ALCOHOLIC BEVERAGE,
 MINT, WINTERGREEN, MENTHOL, HERB OR SPICE, OR ANY  CONCEPT  FLAVOR  THAT
 IMPARTS A TASTE OR AROMA THAT IS DISTINGUISHABLE FROM TOBACCO FLAVOR BUT
 MAY  NOT RELATE TO ANY PARTICULAR KNOWN FLAVOR. AN ELECTRONIC CIGARETTE,
 LIQUID NICOTINE, OR OTHER VAPOR PRODUCT INTENDED OR REASONABLY  EXPECTED
 TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE, SHALL BE PRESUMED TO
 BE  FLAVORED  IF A PRODUCT'S RETAILER, MANUFACTURER, OR A MANUFACTURER'S
 AGENT OR EMPLOYEE HAS MADE A STATEMENT OR CLAIM DIRECTED TO CONSUMERS OR
 THE PUBLIC, WHETHER EXPRESSED OR IMPLIED, THAT SUCH  PRODUCT  OR  DEVICE
 HAS  A  DISTINGUISHABLE  TASTE OR AROMA OTHER THAN THE TASTE OR AROMA OF
 TOBACCO.
   (B) "LIQUID NICOTINE" SHALL HAVE THE SAME  MEANING  AS  SET  FORTH  IN
 SECTION THIRTEEN HUNDRED NINETY-NINE-CC OF THIS ARTICLE.
   2.  NO  PERSON SHALL SELL OR OFFER FOR SALE AT RETAIL IN THE STATE ANY
 FLAVORED  ELECTRONIC  CIGARETTE,  FLAVORED  LIQUID  NICOTINE,  OR  OTHER
 FLAVORED  VAPOR  PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH
 OR FOR THE CONSUMPTION OF NICOTINE.
   3. ANY PERSON WHO VIOLATES THE PROVISIONS OF  THIS  SECTION  SHALL  BE
 SUBJECT TO A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS FOR EACH INDIVID-
 UAL  PACKAGE OF FLAVORED ELECTRONIC CIGARETTE, FLAVORED LIQUID NICOTINE,
 OR OTHER FLAVORED VAPOR PRODUCT INTENDED OR REASONABLY  EXPECTED  TO  BE
 USED  WITH  OR FOR THE CONSUMPTION OF NICOTINE SOLD OR OFFERED FOR SALE,
 PROVIDED, HOWEVER, THAT WITH RESPECT TO A MANUFACTURER, IT SHALL  BE  AN
 AFFIRMATIVE  DEFENSE  TO A FINDING OF VIOLATION PURSUANT TO THIS SECTION
 THAT SUCH SALE OR OFFER OF SALE, AS  APPLICABLE,  OCCURRED  WITHOUT  THE
 KNOWLEDGE,  CONSENT,  AUTHORIZATION, OR INVOLVEMENT, DIRECT OR INDIRECT,
 OF SUCH MANUFACTURER. VIOLATIONS  OF  THIS  SECTION  SHALL  BE  ENFORCED
 PURSUANT  TO  SECTION  THIRTEEN  HUNDRED NINETY-NINE-FF OF THIS ARTICLE,
 EXCEPT THAT ANY PERSON MAY SUBMIT A COMPLAINT TO AN ENFORCEMENT  OFFICER
 THAT A VIOLATION OF THIS SECTION HAS OCCURRED.
   § 1399-MM-2. SALE IN PHARMACIES. NO TOBACCO PRODUCT, HERBAL CIGARETTE,
 ELECTRONIC  CIGARETTE,  OR  OTHER  VAPOR  PRODUCT INTENDED OR REASONABLY
 EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF  NICOTINE,  SHALL  BE
 SOLD IN A PHARMACY OR IN A RETAIL ESTABLISHMENT THAT CONTAINS A PHARMACY
 OPERATED  AS A DEPARTMENT AS DEFINED BY PARAGRAPH (F) OF SUBDIVISION TWO
 OF SECTION SIXTY-EIGHT HUNDRED EIGHT OF THE EDUCATION LAW.
   § 1399-MM-3. CARRIER OILS. 1. FOR THE PURPOSES OF THIS SECTION "CARRI-
 ER OILS" SHALL MEAN ANY  INGREDIENT  OF  A  VAPOR  PRODUCT  INTENDED  TO
 CONTROL  THE CONSISTENCY OR OTHER PHYSICAL CHARACTERISTICS OF SUCH VAPOR
 PRODUCT, TO CONTROL THE CONSISTENCY OR OTHER PHYSICAL CHARACTERISTICS OF
 VAPOR, OR TO FACILITATE THE PRODUCTION OF VAPOR WHEN SUCH VAPOR  PRODUCT
 IS USED IN AN ELECTRONIC CIGARETTE. "CARRIER OILS" SHALL NOT INCLUDE ANY
 PRODUCT  APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION AS A
 DRUG OR MEDICAL DEVICE OR MANUFACTURED AND DISPENSED PURSUANT  TO  TITLE
 FIVE-A OF ARTICLE THIRTY-THREE OF THIS CHAPTER.

 S. 7507--A                         123                        A. 9507--A
 
   2.  THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
 GOVERNING THE SALE AND DISTRIBUTION OF CARRIER  OILS.  SUCH  REGULATIONS
 MAY,  TO  THE  EXTENT  DEEMED  BY  THE COMMISSIONER AS NECESSARY FOR THE
 PROTECTION OF PUBLIC HEALTH, PROHIBIT OR RESTRICT THE SELLING,  OFFERING
 FOR  SALE,  POSSESSING  WITH  INTENT TO SELL, OR DISTRIBUTING OF CARRIER
 OILS.
   3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY WHERE  PREEMPTED  BY
 FEDERAL  LAW.    FURTHERMORE,  THE  PROVISIONS  OF THIS SECTION SHALL BE
 SEVERABLE, AND IF ANY PHRASE, CLAUSE, SENTENCE, OR PROVISION IS DECLARED
 TO BE INVALID, OR IS PREEMPTED BY FEDERAL LAW OR REGULATION, THE VALIDI-
 TY OF THE REMAINDER OF THIS SECTION SHALL NOT BE  AFFECTED  THEREBY.  IF
 ANY  PROVISION  OF  THIS  SECTION  IS DECLARED TO BE INAPPLICABLE TO ANY
 SPECIFIC CATEGORY, TYPE, OR KIND OF CARRIER OIL, THE PROVISIONS OF  THIS
 SECTION  SHALL  NONETHELESS  CONTINUE TO APPLY WITH RESPECT TO ALL OTHER
 CARRIER OILS.
   § 2. Section 1399-n of the public health law is amended  by  adding  a
 new subdivision 3-a to read as follows:
   3-A.  "INDOOR  AREA" MEANS ANY AREA WITH A FULL OR PARTIAL ROOF COVER-
 ING; PROVIDED, HOWEVER, THAT WITH RESPECT TO FACILITIES LICENSED  PURSU-
 ANT TO ARTICLE THIRTEEN OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING
 LAW  ONLY,  "INDOOR  AREA"  SHALL MEAN AN AREA WITH A ROOF OR CEILING IN
 PLACE, INCLUDING A FIXED OR MOVABLE ROOF OR  CEILING,  WHERE  THE  TOTAL
 ACTUAL  AREA  OF  THE  WALL SURFACES EXCEEDS SEVENTY-FIVE PERCENT OF THE
 TOTAL NOTIONAL WALL AREA, AND WHICH ALLOW THE FREE FLOW OF  AIR  WITHOUT
 THE  ASSISTANCE OF MECHANICAL VENTILATION, AS DEFINED BY THE COMMISSION-
 ER. THE COMMISSIONER MAY DETERMINE AND ENFORCE  A  LOWER  PERCENTAGE  OF
 TOTAL  ACTUAL AREA TO NOTIONAL WALL AREA, AS DEEMED NECESSARY TO PROTECT
 THE PUBLIC HEALTH AND THE INTENT OF  THIS  ARTICLE;  PROVIDED,  HOWEVER,
 THAT THE MAXIMUM PERCENTAGE DETERMINED IS NO LOWER THAN FIFTY PERCENT OF
 THE  TOTAL  NOTIONAL  WALL  AREA. THE COMMISSIONER SHALL PROMULGATE SUCH
 RULES AND REGULATIONS AS ARE NECESSARY TO  DEFINE  NOTIONAL  WALL  AREA,
 MECHANICAL  VENTILATION,  AND  RELATED BUILDING SPECIFICATIONS NEEDED TO
 MAKE A DETERMINATION OF WHETHER OR NOT  A  STRUCTURE  FALLS  WITHIN  THE
 DEFINITION OF INDOOR AREA.
   §  3.  Section  6808  of  the education law is amended by adding a new
 subdivision 9 to read as follows:
   9. NO TOBACCO PRODUCT,  HERBAL  CIGARETTE,  ELECTRONIC  CIGARETTE,  OR
 OTHER  VAPOR  PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR
 FOR THE CONSUMPTION OF NICOTINE, AS SUCH TERMS ARE  DEFINED  BY  SECTION
 THIRTEEN  HUNDRED NINETY-NINE-AA OF THE PUBLIC HEALTH LAW, SHALL BE SOLD
 OR OFFERED FOR SALE AT A REGISTERED PHARMACY OR AN ESTABLISHMENT WHERE A
 PHARMACY DEPARTMENT IS LOCATED.
   § 4. Section 1399-aa of the public health law  is  amended  by  adding
 five new subdivisions 14, 15, 16, 17, and 18 to read as follows:
   14.  "PRICE  REDUCTION  INSTRUMENT" MEANS ANY COUPON, VOUCHER, REBATE,
 CARD, PAPER, NOTE, FORM,  STATEMENT,  TICKET,  IMAGE,  OR  OTHER  ISSUE,
 WHETHER  IN  PAPER,  DIGITAL,  OR  ANY  OTHER  FORM, USED FOR COMMERCIAL
 PURPOSES TO RECEIVE AN ARTICLE, PRODUCT, SERVICE, OR ACCOMMODATION WITH-
 OUT CHARGE OR AT A DISCOUNTED PRICE.
   15. "TOBACCO MENU" MEANS A BOOKLET,  PAMPHLET,  OR  OTHER  LISTING  OF
 TOBACCO  PRODUCTS,  HERBAL CIGARETTES, ELECTRONIC LIQUIDS, OR ELECTRONIC
 CIGARETTES OFFERED FOR SALE BY A RETAIL DEALER WHICH INCLUDES THE  PRICE
 OF  SUCH PRODUCTS. A TOBACCO MENU MAY CONTAIN PICTURES OF AND ADVERTISE-
 MENTS FOR TOBACCO PRODUCTS, HERBAL CIGARETTES,  ELECTRONIC  LIQUIDS,  OR
 ELECTRONIC CIGARETTES.

 S. 7507--A                         124                        A. 9507--A
 
   16.  "MENU  COVER PAGE" MEANS THE FRONT COVER OF A TOBACCO MENU OR, IF
 THERE IS NO FRONT COVER, THE FIRST PAGE OF SUCH TOBACCO MENU.
   17.  "VAPOR  PRODUCTS" MEANS ANY NONCOMBUSTIBLE LIQUID OR GEL, REGARD-
 LESS OF THE PRESENCE OF NICOTINE THEREIN, THAT IS  MANUFACTURED  INTO  A
 FINISHED  PRODUCT  FOR  USE  IN AN ELECTRONIC CIGARETTE. "VAPOR PRODUCT"
 SHALL NOT INCLUDE ANY PRODUCT APPROVED BY THE  UNITED  STATES  FOOD  AND
 DRUG  ADMINISTRATION  AS  A  DRUG OR MEDICAL DEVICE, OR MANUFACTURED AND
 DISPENSED PURSUANT TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THIS CHAP-
 TER.
   18. "VAPOR PRODUCTS DEALER" MEANS A PERSON LICENSED BY THE COMMISSION-
 ER OF TAX AND FINANCE TO SELL VAPOR PRODUCTS IN THIS STATE.
   § 5. The section heading and subdivisions 1, 2, 3  and  4  of  section
 1399-ll  of  the public health law, the section heading and subdivisions
 2, 3, and 4 as added by chapter 262 of the laws of 2000, and subdivision
 1 as amended by chapter 342 of the laws of 2013, are amended to read  as
 follows:
   Unlawful   shipment   or   transport   of  cigarettes  AND  ELECTRONIC
 CIGARETTES.  1. It shall be unlawful for any person engaged in the busi-
 ness of selling  cigarettes,  ELECTRONIC  CIGARETTES,  LIQUID  NICOTINE,
 AND/OR  OTHER  VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED
 WITH OR FOR THE CONSUMPTION OF NICOTINE, to ship or cause to be  shipped
 any  cigarettes,  ELECTRONIC  CIGARETTES,  LIQUID NICOTINE, AND/OR OTHER
 VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED  WITH  OR  FOR
 THE CONSUMPTION OF NICOTINE, to any person in this state who is not: (a)
 a  person  licensed  as  a cigarette tax agent or wholesale dealer under
 article twenty of the tax law or registered retail dealer under  section
 four hundred eighty-a of the tax law; (b) an export warehouse proprietor
 pursuant  to chapter 52 of the internal revenue code or an operator of a
 customs bonded warehouse pursuant to section 1311 or 1555 of title 19 of
 the United States Code; [or] (c) A VAPOR PRODUCTS DEALER REGISTERED WITH
 THE  COMMISSIONER  OF  TAXATION  AND   FINANCE   PURSUANT   TO   ARTICLE
 TWENTY-EIGHT-C  OF  THE  TAX  LAW;  OR  (D)  a person who is an officer,
 employee or agent of the United  States  government,  this  state  or  a
 department,  agency,  instrumentality  or  political  subdivision of the
 United States or this state and presents himself  or  herself  as  such,
 when  such  person  is  acting  in  accordance  with his or her official
 duties. For purposes of this subdivision, a  person  is  a  licensed  or
 registered  agent  or dealer described in paragraph (a) of this subdivi-
 sion if his or her name appears on a  list  of  licensed  or  registered
 agents  or  dealers published by the department of taxation and finance,
 or if such person is licensed or registered as an agent or dealer  under
 article twenty of the tax law.
   2. It shall be unlawful for any common or contract carrier to knowing-
 ly  transport cigarettes, ELECTRONIC CIGARETTES, LIQUID NICOTINE, AND/OR
 OTHER VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED WITH  OR
 FOR  THE  CONSUMPTION OF NICOTINE to any person in this state reasonably
 believed by such carrier to be other than a person  described  in  para-
 graph (a), (b) [or], (c), OR (D) of subdivision one of this section. For
 purposes  of  the  preceding  sentence,  if cigarettes, ELECTRONIC CIGA-
 RETTES, LIQUID NICOTINE, AND/OR OTHER VAPOR PRODUCTS INTENDED OR REASON-
 ABLY EXPECTED TO BE USED WITH OR FOR THE  CONSUMPTION  OF  NICOTINE  are
 transported to a home or residence, it shall be presumed that the common
 or  contract carrier knew that such person was not a person described in
 paragraph (a), (b) [or], (c), OR (D) of subdivision one of this section.
 It shall be unlawful for any other person to knowingly  transport  ciga-
 rettes,  ELECTRONIC  CIGARETTES,  LIQUID  NICOTINE,  AND/OR  OTHER VAPOR

 S. 7507--A                         125                        A. 9507--A
 
 PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE  USED  WITH  OR  FOR  THE
 CONSUMPTION  OF  NICOTINE  to  any person in this state, other than to a
 person described in paragraph (a), (b) [or], (c), OR (D) of  subdivision
 one  of  this section. Nothing in this subdivision shall be construed to
 prohibit a person other than a common or contract  carrier  from  trans-
 porting  not  more  than eight hundred cigarettes at any one time to any
 person in this state.
   3. When a person engaged in the business of selling cigarettes,  ELEC-
 TRONIC CIGARETTES, LIQUID NICOTINE, AND/OR OTHER VAPOR PRODUCTS INTENDED
 OR  REASONABLY  EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICO-
 TINE ships or causes to be  shipped  any  cigarettes,  ELECTRONIC  CIGA-
 RETTES, LIQUID NICOTINE, AND/OR OTHER VAPOR PRODUCTS INTENDED OR REASON-
 ABLY  EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE to any
 person in  this  state,  other  than  in  the  cigarette  manufacturer's
 original container or wrapping, the container or wrapping must be plain-
 ly  and  visibly  marked with the [word] WORDS "cigarettes", "ELECTRONIC
 CIGARETTES", OR "LIQUID NICOTINE", AS APPLICABLE.
   4. Whenever a police officer designated in section 1.20 of the  crimi-
 nal  procedure  law or a peace officer designated in subdivision four of
 section 2.10 of such law, acting pursuant to his or her special  duties,
 shall  discover  any cigarettes, ELECTRONIC CIGARETTES, LIQUID NICOTINE,
 AND/OR OTHER VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO  BE  USED
 WITH  OR  FOR  THE  CONSUMPTION OF NICOTINE which have been or which are
 being shipped or transported in violation of this section,  such  person
 is  hereby empowered and authorized to seize and take possession of such
 cigarettes, ELECTRONIC CIGARETTES, LIQUID NICOTINE, AND/OR  OTHER  VAPOR
 PRODUCTS  INTENDED  OR  REASONABLY  EXPECTED  TO BE USED WITH OR FOR THE
 CONSUMPTION OF NICOTINE, and  such  cigarettes,  ELECTRONIC  CIGARETTES,
 LIQUID  NICOTINE,  AND/OR  OTHER  VAPOR  PRODUCTS INTENDED OR REASONABLY
 EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION  OF  NICOTINE  shall  be
 subject  to  a forfeiture action pursuant to the procedures provided for
 in article thirteen-A of the civil practice law and rules,  as  if  such
 article  specifically  provided for forfeiture of cigarettes, ELECTRONIC
 CIGARETTES, LIQUID NICOTINE, AND/OR OTHER  VAPOR  PRODUCTS  INTENDED  OR
 REASONABLY  EXPECTED  TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE
 seized pursuant to this section as a pre-conviction forfeiture crime.
   § 6. Section 1399-bb of the public health law, as amended  by  chapter
 508  of the laws of 2000, the section heading as amended by chapter 4 of
 the laws of 2018, subdivision 2 as amended by chapter 13 of the laws  of
 2003, and paragraphs (b), (c), and (f) of subdivision 2 and subdivisions
 4  and  5  as  amended by chapter 100 of the laws of 2019, is amended to
 read as follows:
   § 1399-bb. Distribution of tobacco products, ELECTRONIC LIQUIDS, elec-
 tronic cigarettes or herbal cigarettes  without  charge.  1.  No  person
 engaged  in  the  business  of selling or otherwise distributing tobacco
 products,  ELECTRONIC  LIQUIDS,  ELECTRONIC  CIGARETTES,   OTHER   VAPOR
 PRODUCTS  INTENDED  OR  REASONABLY  EXPECTED  TO BE USED WITH OR FOR THE
 CONSUMPTION OF NICOTINE, or herbal cigarettes for  commercial  purposes,
 or any agent or employee of such person, shall knowingly, in furtherance
 of such business:
   (a)   distribute  without  charge  any  tobacco  products,  ELECTRONIC
 LIQUIDS, ELECTRONIC CIGARETTES, OTHER VAPOR PRODUCTS INTENDED OR REASON-
 ABLY EXPECTED TO BE USED WITH OR FOR THE  CONSUMPTION  OF  NICOTINE,  or
 herbal cigarettes to any individual, provided that the distribution of a
 package  containing  tobacco  products,  ELECTRONIC  LIQUIDS, ELECTRONIC
 CIGARETTES, OTHER VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED  TO  BE

 S. 7507--A                         126                        A. 9507--A
 
 USED  WITH  OR  FOR THE CONSUMPTION OF NICOTINE, or herbal cigarettes in
 violation of this subdivision shall constitute a single violation  with-
 out regard to the number of items in the package; or
   (b) distribute [coupons] PRICE REDUCTION INSTRUMENTS which are redeem-
 able  for  tobacco  products, ELECTRONIC LIQUIDS, ELECTRONIC CIGARETTES,
 OTHER VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED WITH  OR
 FOR THE CONSUMPTION OF NICOTINE, or herbal cigarettes to any individual,
 provided  that  this subdivision shall not apply to coupons contained in
 newspapers, magazines or other types of publications,  coupons  obtained
 through  the purchase of tobacco products ELECTRONIC LIQUIDS, ELECTRONIC
 CIGARETTES, OTHER VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED  TO  BE
 USED  WITH  OR  FOR THE CONSUMPTION OF NICOTINE, or herbal cigarettes or
 obtained at locations which sell tobacco products,  ELECTRONIC  LIQUIDS,
 ELECTRONIC  CIGARETTES,  OTHER  VAPOR  PRODUCTS  INTENDED  OR REASONABLY
 EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE,  or  herbal
 cigarettes  provided  that such distribution is confined to a designated
 area or to coupons sent through the mail.
   1-A. NO PERSON  ENGAGED  IN  THE  BUSINESS  OF  SELLING  OR  OTHERWISE
 DISTRIBUTING  TOBACCO  PRODUCTS,  HERBAL CIGARETTES, ELECTRONIC LIQUIDS,
 ELECTRONIC CIGARETTES, OR OTHER VAPOR PRODUCTS  INTENDED  OR  REASONABLY
 EXPECTED  TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE FOR COMMER-
 CIAL PURPOSES, OR ANY AGENT OR EMPLOYEE OF SUCH PERSON, SHALL KNOWINGLY,
 IN FURTHERANCE OF SUCH BUSINESS:
   (A) HONOR OR ACCEPT A PRICE REDUCTION INSTRUMENT  IN  ANY  TRANSACTION
 RELATED  TO  THE SALE OF TOBACCO PRODUCTS, HERBAL CIGARETTES, ELECTRONIC
 LIQUIDS, ELECTRONIC CIGARETTES, OR  OTHER  VAPOR  PRODUCTS  INTENDED  OR
 REASONABLY  EXPECTED  TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE
 TO A CONSUMER;
   (B) SELL OR OFFER FOR SALE ANY TOBACCO  PRODUCTS,  HERBAL  CIGARETTES,
 ELECTRONIC  LIQUIDS,  ELECTRONIC  CIGARETTES,  OR  OTHER  VAPOR PRODUCTS
 INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR  THE  CONSUMPTION
 OF  NICOTINE  TO A CONSUMER THROUGH ANY MULTI-PACKAGE DISCOUNT OR OTHER-
 WISE PROVIDE TO A CONSUMER  ANY  TOBACCO  PRODUCTS,  HERBAL  CIGARETTES,
 ELECTRONIC  LIQUIDS,  ELECTRONIC  CIGARETTES,  OR  OTHER  VAPOR PRODUCTS
 INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR  THE  CONSUMPTION
 OF  NICOTINE FOR LESS THAN THE LISTED PRICE IN EXCHANGE FOR THE PURCHASE
 OF ANY OTHER TOBACCO PRODUCTS, HERBAL  CIGARETTES,  ELECTRONIC  LIQUIDS,
 ELECTRONIC  CIGARETTES,  OR  OTHER VAPOR PRODUCTS INTENDED OR REASONABLY
 EXPECTED TO BE USED WITH OR FOR THE  CONSUMPTION  OF  NICOTINE  BY  SUCH
 CONSUMER;
   (C)  SELL, OFFER FOR SALE, OR OTHERWISE PROVIDE ANY PRODUCT OTHER THAN
 A TOBACCO PRODUCT, HERBAL CIGARETTE, ELECTRONIC LIQUID, ELECTRONIC CIGA-
 RETTE, OR OTHER VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED
 WITH OR FOR THE CONSUMPTION OF NICOTINE TO A CONSUMER FOR LESS THAN  THE
 LISTED  PRICE  IN EXCHANGE FOR THE PURCHASE OF A TOBACCO PRODUCT, HERBAL
 CIGARETTE, ELECTRONIC LIQUID, ELECTRONIC CIGARETTE, OR OTHER VAPOR PROD-
 UCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE  CONSUMP-
 TION OF NICOTINE BY SUCH CONSUMER; OR
   (D)  SELL,  OFFER  FOR  SALE,  OR OTHERWISE PROVIDE A TOBACCO PRODUCT,
 HERBAL CIGARETTE, ELECTRONIC  LIQUID,  ELECTRONIC  CIGARETTE,  OR  OTHER
 VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
 CONSUMPTION OF NICOTINE TO A CONSUMER FOR LESS THAN THE LISTED PRICE.
   2. The prohibitions contained in subdivision one of this section shall
 not apply to the following locations:

 S. 7507--A                         127                        A. 9507--A
 
   (a)  private  social functions when seating arrangements are under the
 control of the sponsor of the function  and  not  the  owner,  operator,
 manager or person in charge of such indoor area;
   (b)  conventions  and  trade  shows; provided that the distribution is
 confined to designated areas generally accessible only to  persons  over
 the age of twenty-one;
   (c)  events  sponsored by tobacco, ELECTRONIC LIQUID, ELECTRONIC CIGA-
 RETTE, OTHER VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED  TO  BE  USED
 WITH OR FOR THE CONSUMPTION OF NICOTINE, or herbal cigarette manufactur-
 ers  provided  that  the  distribution  is  confined to designated areas
 generally accessible only to persons over the age of twenty-one;
   (d) bars as defined in subdivision one  of  section  thirteen  hundred
 ninety-nine-n of this chapter;
   (e)  tobacco  businesses  as  defined  in subdivision eight of section
 thirteen hundred ninety-nine-aa of this article;
   (f) factories as defined  in  subdivision  nine  of  section  thirteen
 hundred  ninety-nine-aa of this article and construction sites; provided
 that the distribution is confined to designated areas generally accessi-
 ble only to persons over the age of twenty-one.
   3. No person shall distribute tobacco  products,  ELECTRONIC  LIQUIDS,
 ELECTRONIC  CIGARETTES,  OTHER  VAPOR  PRODUCTS  INTENDED  OR REASONABLY
 EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE,  or  herbal
 cigarettes  at the locations set forth in paragraphs (b), (c) and (f) of
 subdivision two of this section unless such person gives five days writ-
 ten notice to the enforcement officer.
   4. No person engaged in the business of selling or otherwise  distrib-
 uting ELECTRONIC LIQUIDS, electronic cigarettes, OR OTHER VAPOR PRODUCTS
 INTENDED  OR  REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION
 OF NICOTINE for commercial purposes, or any agent or  employee  of  such
 person,  shall  knowingly,  in  furtherance of such business, distribute
 without charge any electronic cigarettes to any individual  under  twen-
 ty-one years of age.
   5.  The distribution of tobacco products, ELECTRONIC CIGARETTES, ELEC-
 TRONIC LIQUIDS, OTHER VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED  TO
 BE  USED  WITH  OR FOR THE CONSUMPTION OF NICOTINE, or herbal cigarettes
 pursuant to subdivision two of this section or the distribution  without
 charge  of  electronic  cigarettes,  ELECTRONIC  LIQUIDS, OR OTHER VAPOR
 PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE  USED  WITH  OR  FOR  THE
 CONSUMPTION  OF NICOTINE, shall be made only to an individual who demon-
 strates, through (A) a driver's license or [other photographic] NON-DRI-
 VER identification card issued by [a government  entity  or  educational
 institution] THE COMMISSIONER OF MOTOR VEHICLES, THE FEDERAL GOVERNMENT,
 ANY  UNITED  STATES TERRITORY, COMMONWEALTH, OR POSSESSION, THE DISTRICT
 OF COLUMBIA, A STATE GOVERNMENT WITHIN THE UNITED STATES, OR  A  PROVIN-
 CIAL  GOVERNMENT  OF THE DOMINION OF CANADA, (B) A VALID PASSPORT ISSUED
 BY THE UNITED STATES GOVERNMENT OR THE GOVERNMENT OF ANY OTHER  COUNTRY,
 OR  (C)  AN IDENTIFICATION CARD ISSUED BY THE ARMED FORCES OF THE UNITED
 STATES, indicating that the individual is at least twenty-one  years  of
 age.  Such  identification  need  not  be required of any individual who
 reasonably appears to be at least twenty-five years  of  age;  provided,
 however,  that  such  appearance  shall  not constitute a defense in any
 proceeding alleging the sale of a tobacco product, electronic cigarette,
 ELECTRONIC LIQUID, OTHER VAPOR PRODUCT INTENDED OR  REASONABLY  EXPECTED
 TO  BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE, or herbal cigarette
 or the distribution without charge of electronic cigarettes,  ELECTRONIC

 S. 7507--A                         128                        A. 9507--A
 
 LIQUIDS,  OR  OTHER VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE
 USED WITH OR FOR THE CONSUMPTION OF NICOTINE to an individual.
   §  7.  Subdivision  7  of section 1399-cc of the public health law, as
 amended by chapter 100 of the laws  of  2019,  is  amended  to  read  as
 follows:
   7.  (A)  No  person  operating  a  place  of  business wherein tobacco
 products, herbal cigarettes, liquid nicotine, shisha or electronic ciga-
 rettes are sold or offered for sale shall sell, permit to be sold, offer
 for sale or display for sale any  tobacco  product,  herbal  cigarettes,
 liquid  nicotine,  shisha or electronic cigarettes in any manner, unless
 such products and cigarettes are stored for  sale  [(a)]  (I)  behind  a
 counter in an area accessible only to the personnel of such business, or
 [(b)]  (II)  in  a locked container; provided, however, such restriction
 shall not apply to tobacco businesses, as defined in  subdivision  eight
 of section thirteen hundred ninety-nine-aa of this article, and to plac-
 es  to  which admission is restricted to persons twenty-one years of age
 or older.
   (B) IN ADDITION TO THE REQUIREMENTS SET FORTH IN PARAGRAPH (A) OF THIS
 SUBDIVISION, NO RETAILER OF TOBACCO AND/OR VAPOR PRODUCTS  SHALL  PERMIT
 THE DISPLAY OF ANY TOBACCO PRODUCT, HERBAL CIGARETTE, ELECTRONIC LIQUID,
 ELECTRONIC  CIGARETTE,  OR  OTHER  VAPOR  PRODUCT INTENDED OR REASONABLY
 EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE IN A  MANNER
 THAT PERMITS A CONSUMER TO VIEW ANY SUCH ITEM PRIOR TO PURCHASE, EXCEPT:
   (I)  AT  THE DIRECT REQUEST OF A CUSTOMER AT LEAST TWENTY-ONE YEARS OF
 AGE, WHERE SUCH RETAILER ALLOWS SUCH CUSTOMER TO HANDLE SUCH ITEM, PACK-
 AGED OR OTHERWISE, FOR THE PURPOSE OF  INSPECTING  SUCH  ITEM  PRIOR  TO
 PURCHASE; OR
   (II)  WHERE  SUCH ITEMS ARE TEMPORARILY VISIBLE DURING THE RESTOCKING,
 SALE, OR CARRIAGE INTO OR OUT OF THE PREMISES OF SUCH ITEMS.
   (C) NO TOBACCO AND/OR VAPOR PRODUCTS RETAILER SHALL DISPLAY OR  PERMIT
 THE DISPLAY OF ANY TOBACCO PRODUCT, HERBAL CIGARETTE, ELECTRONIC LIQUID,
 ELECTRONIC  CIGARETTE,  OR  OTHER  VAPOR  PRODUCT INTENDED OR REASONABLY
 EXPECTED TO BE USED WITH OR FOR THE  CONSUMPTION  OF  NICOTINE  FOR  ANY
 LONGER  THAN  NECESSARY  TO COMPLETE THE PURPOSES IDENTIFIED IN SUBPARA-
 GRAPHS (I) AND (II) OF PARAGRAPH (B) OF THIS SUBDIVISION.
   (D) NO TOBACCO AND/OR VAPOR PRODUCTS RETAILER SHALL STORE ANY  TOBACCO
 MENU  IN  A  LOCATION  WHERE IT IS VISIBLE TO CUSTOMERS OR ACCESSIBLE TO
 CUSTOMERS WITHOUT THE ASSISTANCE OF SUCH RETAILER. A TOBACCO MENU  SHALL
 ALSO  CONTAIN A MENU COVER PAGE THAT SHALL PREVENT THE INADVERTENT VIEW-
 ING OF PROMOTIONAL MATERIAL OR  OTHER  MATERIAL  CONTAINED  WITHIN  SUCH
 TOBACCO MENU.
   (E) NO TOBACCO AND/OR VAPOR PRODUCTS RETAILER SHALL PROVIDE ANY TOBAC-
 CO  MENU  OR TOBACCO PRODUCT, HERBAL CIGARETTE, ELECTRONIC LIQUID, ELEC-
 TRONIC CIGARETTE, OR OTHER VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED
 TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE TO ANY INDIVIDUAL WHO
 HAS NOT DEMONSTRATED, THROUGH IDENTIFICATION WHICH  MEETS  THE  REQUIRE-
 MENTS  OF  SUBDIVISION THREE OF THIS SECTION, THAT SUCH INDIVIDUAL IS AT
 LEAST TWENTY-ONE YEARS OF AGE. SUCH IDENTIFICATION NEED NOT BE  REQUIRED
 OF  ANY  INDIVIDUAL WHO REASONABLY APPEARS TO BE OVER THE AGE OF TWENTY-
 FIVE, PROVIDED, HOWEVER, THAT SUCH APPEARANCE  SHALL  NOT  CONSTITUTE  A
 DEFENSE  IN ANY PROCEEDING ALLEGING THE SALE OF SUCH ITEM TO AN INDIVID-
 UAL UNDER TWENTY-ONE YEARS OF AGE. IT SHALL BE AN AFFIRMATIVE DEFENSE TO
 A VIOLATION OF THIS SUBDIVISION THAT THE TOBACCO AND/OR  VAPOR  PRODUCTS
 RETAILER  SUCCESSFULLY  PERFORMED  A TRANSACTION SCAN OF AN INDIVIDUAL'S
 IDENTIFICATION AND THAT A TOBACCO MENU, TOBACCO  PRODUCT,  HERBAL  CIGA-
 RETTE,  ELECTRONIC  LIQUID, ELECTRONIC CIGARETTE, OR OTHER VAPOR PRODUCT

 S. 7507--A                         129                        A. 9507--A
 
 INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR  THE  CONSUMPTION
 OF  NICOTINE WAS PROVIDED TO SUCH INDIVIDUAL IN REASONABLE RELIANCE UPON
 SUCH IDENTIFICATION AND TRANSACTION SCAN.
   (F) AFTER A CUSTOMER HAS COMPLETED VIEWING A TOBACCO MENU, THE RETAIL-
 ER OF TOBACCO AND/OR VAPOR PRODUCTS SHALL IMMEDIATELY RETURN SUCH TOBAC-
 CO MENU TO ITS STORAGE LOCATION.
   (G) UNLESS REQUIRED OTHERWISE BY RULE OR REGULATION OF THE DEPARTMENT,
 THE MENU COVER PAGE OF A TOBACCO MENU SHALL BE BLANK OR CONTAIN ONLY THE
 WORDS  "TOBACCO  MENU"  AND  SHALL  NOT CONTAIN ANY ADVERTISING OR OTHER
 PROMOTIONAL MATERIAL.
   § 8. The general business law is amended by adding a new section  396-
 bbb to read as follows:
   §  396-BBB. RESTRICTIONS ON ELECTRONIC CIGARETTE AND ELECTRONIC LIQUID
 ADVERTISEMENTS. 1. NO  MANUFACTURER,  DISTRIBUTOR,  AND/OR  RETAILER  OF
 ELECTRONIC  CIGARETTES,  ELECTRONIC  LIQUIDS,  OR  OTHER  VAPOR PRODUCTS
 INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR  THE  CONSUMPTION
 OF NICOTINE SHALL ADVERTISE OR DISSEMINATE, OR CAUSE TO BE ADVERTISED OR
 DISSEMINATED,  ANY  ADVERTISING  FOR  ELECTRONIC  CIGARETTES, ELECTRONIC
 LIQUIDS, OR OTHER VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED  TO  BE
 USED WITH OR FOR THE CONSUMPTION OF NICOTINE OTHER THAN IN PUBLICATIONS,
 WHETHER  FOR  PERIODIC  OR LIMITED DISTRIBUTION, THAT SUCH MANUFACTURER,
 DISTRIBUTOR, AND/OR RETAILER DEMONSTRATES IS AN ADULT PUBLICATION.
   2. ADVERTISING OF ELECTRONIC CIGARETTES, ELECTRONIC LIQUIDS, OR  OTHER
 VAPOR  PRODUCTS  INTENDED  OR REASONABLY EXPECTED TO BE USED WITH OR FOR
 THE CONSUMPTION OF  NICOTINE  BY  A  MANUFACTURER,  DISTRIBUTOR,  AND/OR
 RETAILER  IN  AN  AUDIO  OR  VIDEO  FORMAT, INCLUDING BUT NOT LIMITED TO
 ADVERTISING ON WEBSITES AND SOCIAL MEDIA PLATFORMS, SHALL BE LIMITED  AS
 FOLLOWS:
   (A)  AUDIO  FORMATS  SHALL  BE LIMITED TO WORDS ONLY, WITH NO MUSIC OR
 SOUND EFFECTS; AND
   (B) VIDEO FORMATS SHALL BE LIMITED TO STATIC  BLACK  TEXT  ONLY  ON  A
 WHITE  BACKGROUND,  AND  ANY  AUDIO WITH SUCH VIDEOS SHALL BE LIMITED TO
 WORDS ONLY, WITH NO MUSIC OR SOUND EFFECTS.
   3. NO MANUFACTURER, DISTRIBUTOR, AND/OR RETAILER OF  ELECTRONIC  CIGA-
 RETTES,  ELECTRONIC LIQUIDS, OR OTHER VAPOR PRODUCTS INTENDED OR REASON-
 ABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF  NICOTINE  SHALL
 ADVERTISE  OR CAUSE TO BE ADVERTISED, DISSEMINATE OR CAUSE TO BE DISSEM-
 INATED, FALSE OR MISLEADING STATEMENTS. SUCH FALSE OR MISLEADING  STATE-
 MENTS  INCLUDE  BUT  SHALL  NOT  BE  LIMITED TO STATEMENTS INDICATING OR
 SUGGESTING TO A REASONABLE PERSON: (A) THAT AN ELECTRONIC CIGARETTE,  AN
 ELECTRONIC  LIQUID,  OR  OTHER  VAPOR  PRODUCT  INTENDED  OR  REASONABLY
 EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE IS A SMOKING
 CESSATION PRODUCT, UNLESS SUCH ELECTRONIC CIGARETTE, ELECTRONIC  LIQUID,
 OR  OTHER  VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH
 OR FOR THE CONSUMPTION OF NICOTINE IS APPROVED BY THE UNITED STATES FOOD
 AND DRUG ADMINISTRATION AS SUCH; OR (B) THAT AN ELECTRONIC CIGARETTE, AN
 ELECTRONIC  LIQUID,  OR  OTHER  VAPOR  PRODUCT  INTENDED  OR  REASONABLY
 EXPECTED  TO  BE  USED  WITH OR FOR THE CONSUMPTION OF NICOTINE IS SAFE,
 UNLESS SUCH ELECTRONIC CIGARETTE,  ELECTRONIC  LIQUID,  OR  OTHER  VAPOR
 PRODUCT  INTENDED  OR  REASONABLY  EXPECTED  TO  BE USED WITH OR FOR THE
 CONSUMPTION OF NICOTINE HAS RECEIVED MARKETING APPROVAL FROM THE  UNITED
 STATES FOOD AND DRUG ADMINISTRATION.
   4.  FOR  THE PURPOSES OF THIS SECTION "ADULT PUBLICATION" SHALL MEAN A
 NEWSPAPER, MAGAZINE, PERIODICAL,  WEBSITE,  SOCIAL  MEDIA  PLATFORM,  OR
 OTHER PUBLICATION:

 S. 7507--A                         130                        A. 9507--A

   (A)  WHOSE  READERS  YOUNGER  THAN  TWENTY-ONE YEARS OF AGE CONSTITUTE
 FIFTEEN PERCENT OR LESS OF THE TOTAL READERSHIP OR VIEWERSHIP, AS  MEAS-
 URED BY COMPETENT AND RELIABLE SURVEY EVIDENCE; AND
   (B)  THAT  IS READ OR VIEWED BY FEWER THAN TWO MILLION PERSONS YOUNGER
 THAN TWENTY-ONE YEARS OF AGE  AS  MEASURED  BY  COMPETENT  AND  RELIABLE
 SURVEY EVIDENCE.
   §  9.  The  public health law is amended by adding a new article 17 to
 read as follows:
                                ARTICLE 17
                        INGREDIENT DISCLOSURES FOR
                      VAPOR PRODUCTS AND E-CIGARETTES
 SECTION 1700. DEFINITIONS.
         1701. DISCLOSURE.
         1702. PENALTIES.
   § 1700. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "VAPOR PRODUCTS" SHALL HAVE THE SAME MEANING AS DEFINED BY SECTION
 THIRTEEN HUNDRED NINETY-NINE-AA OF THIS CHAPTER.
   2. "ELECTRONIC CIGARETTE" OR "E-CIGARETTE" SHALL HAVE THE SAME MEANING
 AS DEFINED BY SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF THIS CHAPTER.
   3. "INGREDIENT" SHALL MEAN ALL OF THE FOLLOWING:
   (A) ANY INTENTIONAL ADDITIVE PRESENT IN ANY QUANTITY IN A VAPOR  PROD-
 UCT;
   (B)  A  BYPRODUCT  OR  CONTAMINANT,  PRESENT IN A VAPOR PRODUCT IN ANY
 QUANTITY EQUAL TO OR GREATER THAN ONE-HALF OF ONE PERCENT OF THE CONTENT
 OF SUCH PRODUCT BY WEIGHT, OR OTHER AMOUNT DETERMINED BY THE COMMISSION-
 ER;
   (C) A BYPRODUCT PRESENT IN A VAPOR PRODUCT IN ANY QUANTITY  LESS  THAN
 ONE-HALF  OF  ONE  PERCENT  OF  THE  CONTENT  OF SUCH PRODUCT BY WEIGHT,
 PROVIDED SUCH ELEMENT OR COMPOUND HAS BEEN PUBLISHED AS  A  CHEMICAL  OF
 CONCERN ON ONE OR MORE LISTS IDENTIFIED BY THE COMMISSIONER; AND
   (D)  A CONTAMINANT PRESENT IN A VAPOR PRODUCT IN A QUANTITY DETERMINED
 BY THE COMMISSIONER AND LESS THAN ONE-HALF OF ONE PERCENT OF THE CONTENT
 OF SUCH PRODUCT BY WEIGHT, PROVIDED SUCH ELEMENT OR  COMPOUND  HAS  BEEN
 PUBLISHED  AS  A  CHEMICAL OF CONCERN ON ONE OR MORE LISTS IDENTIFIED BY
 THE COMMISSIONER.
   4. "INTENTIONALLY ADDED INGREDIENT" SHALL MEAN ANY ELEMENT OR COMPOUND
 THAT A MANUFACTURER HAS INTENTIONALLY ADDED TO A VAPOR  PRODUCT  AT  ANY
 POINT  IN  SUCH  PRODUCT'S  SUPPLY  CHAIN, OR AT ANY POINT IN THE SUPPLY
 CHAIN OF ANY RAW MATERIAL OR INGREDIENT USED TO MANUFACTURE  SUCH  PROD-
 UCT.
   5.  "BYPRODUCT"  SHALL  MEAN  ANY  ELEMENT OR COMPOUND IN THE FINISHED
 VAPOR PRODUCT, OR IN THE VAPOR PRODUCED DURING CONSUMPTION  OF  A  VAPOR
 PRODUCT,  WHICH:    (A)  WAS  CREATED OR FORMED DURING THE MANUFACTURING
 PROCESS AS AN INTENTIONAL OR UNINTENTIONAL CONSEQUENCE OF SUCH  MANUFAC-
 TURING  PROCESS  AT  ANY POINT IN SUCH PRODUCT'S SUPPLY CHAIN, OR AT ANY
 POINT IN THE SUPPLY CHAIN OF ANY RAW  MATERIAL  OR  INGREDIENT  USED  TO
 MANUFACTURE  SUCH PRODUCT; OR (B) IS CREATED OR FORMED AS AN INTENTIONAL
 OR UNINTENTIONAL CONSEQUENCE OF THE USE OF AN E-CIGARETTE OR CONSUMPTION
 OF A VAPOR PRODUCT.  "BYPRODUCT" SHALL INCLUDE, BUT IS NOT  LIMITED  TO,
 AN UNREACTED RAW MATERIAL, A BREAKDOWN PRODUCT OF AN INTENTIONALLY ADDED
 INGREDIENT, A BREAKDOWN PRODUCT OF ANY COMPONENT PART OF AN E-CIGARETTE,
 OR A DERIVATIVE OF THE MANUFACTURING PROCESS.
   6.  "CONTAMINANT" SHALL MEAN ANY ELEMENT OR COMPOUND MADE PRESENT IN A
 VAPOR PRODUCT AS AN UNINTENTIONAL CONSEQUENCE OF MANUFACTURING.  CONTAM-
 INANTS INCLUDE, BUT ARE NOT LIMITED TO, ELEMENTS OR COMPOUNDS PRESENT IN

 S. 7507--A                         131                        A. 9507--A
 
 THE ENVIRONMENT WHICH WERE INTRODUCED INTO A PRODUCT, A RAW MATERIAL, OR
 A  PRODUCT INGREDIENT AS A RESULT OF THE USE OF AN ENVIRONMENTAL MEDIUM,
 SUCH AS NATURALLY OCCURRING WATER, OR OTHER MATERIALS USED IN THE  MANU-
 FACTURING  PROCESS  AT  ANY POINT IN A PRODUCT'S SUPPLY CHAIN, OR AT ANY
 POINT IN THE SUPPLY CHAIN OF ANY RAW  MATERIAL  OR  INGREDIENT  USED  TO
 MANUFACTURE SUCH PRODUCT.
   7.  "MANUFACTURER"  SHALL MEAN ANY PERSON, FIRM, ASSOCIATION, PARTNER-
 SHIP,  LIMITED  LIABILITY  COMPANY,  OR  CORPORATION   WHICH   PRODUCES,
 PREPARES,  FORMULATES,  OR  COMPOUNDS A VAPOR PRODUCT OR E-CIGARETTE, OR
 WHOSE BRAND NAME IS AFFIXED TO SUCH PRODUCT. IN  THE  CASE  OF  A  VAPOR
 PRODUCT  OR  E-CIGARETTE IMPORTED INTO THE UNITED STATES, "MANUFACTURER"
 SHALL MEAN THE IMPORTER OR FIRST DOMESTIC DISTRIBUTOR OF SUCH PRODUCT IF
 THE ENTITY THAT MANUFACTURES SUCH PRODUCT OR WHOSE BRAND NAME IS AFFIXED
 TO SUCH PRODUCT DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
   § 1701. DISCLOSURE. 1. MANUFACTURERS OF VAPOR PRODUCTS OR E-CIGARETTES
 DISTRIBUTED, SOLD, OR OFFERED FOR SALE IN THIS STATE, WHETHER AT  RETAIL
 OR  WHOLESALE,  SHALL  FURNISH TO THE COMMISSIONER FOR PUBLIC RECORD AND
 POST ON SUCH MANUFACTURER'S WEBSITE,  IN  A  MANNER  PRESCRIBED  BY  THE
 COMMISSIONER  THAT IS READILY ACCESSIBLE TO THE PUBLIC AND MACHINE READ-
 ABLE, INFORMATION REGARDING SUCH PRODUCTS PURSUANT  TO  RULES  OR  REGU-
 LATIONS WHICH SHALL BE PROMULGATED BY THE COMMISSIONER.
   (A)  FOR  EACH  VAPOR PRODUCT, THE INFORMATION POSTED PURSUANT TO THIS
 SUBDIVISION SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
   (I) A LIST NAMING EACH INGREDIENT OF SUCH VAPOR PRODUCT IN  DESCENDING
 ORDER OF PREDOMINANCE BY WEIGHT IN SUCH PRODUCT, EXCEPT THAT INGREDIENTS
 PRESENT  AT  A  WEIGHT  BELOW  ONE PERCENT MAY BE LISTED FOLLOWING OTHER
 INGREDIENTS WITHOUT RESPECT TO THE ORDER OF PREDOMINANCE BY WEIGHT;
   (II) THE NATURE AND EXTENT OF INVESTIGATIONS AND RESEARCH PERFORMED BY
 OR FOR THE MANUFACTURER CONCERNING THE EFFECTS ON HUMAN HEALTH  OF  SUCH
 PRODUCT OR ITS INGREDIENTS;
   (III)  WHERE  APPLICABLE, A STATEMENT DISCLOSING THAT AN INGREDIENT OF
 SUCH PRODUCT IS PUBLISHED AS A CHEMICAL OF CONCERN ON ONE OR MORE  LISTS
 IDENTIFIED BY THE COMMISSIONER; AND
   (IV)  FOR EACH INGREDIENT PUBLISHED AS A CHEMICAL OF CONCERN ON ONE OR
 MORE LISTS IDENTIFIED BY THE COMMISSIONER, AN EVALUATION OF  THE  AVAIL-
 ABILITY  OF  POTENTIAL  ALTERNATIVES AND POTENTIAL HAZARDS POSED BY SUCH
 ALTERNATIVES.
   (B) FOR EACH E-CIGARETTE CAPABLE OF BEING RE-FILLED BY A FINAL CONSUM-
 ER, THE INFORMATION POSTED PURSUANT TO THIS SUBDIVISION  SHALL  INCLUDE,
 BUT SHALL NOT BE LIMITED TO:
   (I)  A  LIST  NAMING  EACH BYPRODUCT THAT MAY BE INTRODUCED INTO VAPOR
 PRODUCED DURING THE NORMAL USE OF SUCH E-CIGARETTE;
   (II) THE NATURE AND EXTENT OF INVESTIGATIONS AND RESEARCH PERFORMED BY
 OR FOR THE MANUFACTURER CONCERNING THE EFFECTS ON HUMAN HEALTH  OF  SUCH
 PRODUCT OR SUCH INGREDIENTS;
   (III)  WHERE  APPLICABLE, A STATEMENT DISCLOSING THAT AN INGREDIENT IS
 PUBLISHED AS A CHEMICAL OF CONCERN ON ONE OR MORE  LISTS  IDENTIFIED  BY
 THE COMMISSIONER; AND
   (IV)  FOR EACH INGREDIENT PUBLISHED AS A CHEMICAL OF CONCERN ON ONE OR
 MORE LISTS IDENTIFIED BY THE COMMISSIONER, AN EVALUATION OF  THE  AVAIL-
 ABILITY  OF  POTENTIAL  ALTERNATIVES AND POTENTIAL HAZARDS POSED BY SUCH
 ALTERNATIVES.
   2. MANUFACTURERS SHALL FURNISH THE INFORMATION REQUIRED TO  BE  POSTED
 PURSUANT  TO SUBDIVISION ONE OF THIS SECTION ON OR BEFORE JANUARY FIRST,
 TWO THOUSAND TWENTY-ONE, AND EVERY TWO YEARS  THEREAFTER.  IN  ADDITION,
 SUCH  MANUFACTURERS  SHALL FURNISH SUCH INFORMATION PRIOR TO THE SALE OF

 S. 7507--A                         132                        A. 9507--A
 
 ANY NEW VAPOR PRODUCT OR E-CIGARETTE, WHEN THE FORMULATION OF A CURRENT-
 LY DISCLOSED PRODUCT IS CHANGED SUCH THAT THE PREDOMINANCE OF THE INGRE-
 DIENTS IN SUCH PRODUCT IS CHANGED, WHEN ANY LIST OF CHEMICALS OF CONCERN
 IDENTIFIED  BY  THE  COMMISSIONER PURSUANT TO THIS ARTICLE IS CHANGED TO
 INCLUDE AN INGREDIENT PRESENT IN A VAPOR PRODUCT OR E-CIGARETTE  SUBJECT
 TO  THIS  ARTICLE,  OR  AT  SUCH  OTHER  TIMES AS MAY BE REQUIRED BY THE
 COMMISSIONER.
   3. THE INFORMATION REQUIRED TO BE POSTED PURSUANT TO  SUBDIVISION  ONE
 OF THIS SECTION SHALL BE MADE AVAILABLE TO THE PUBLIC BY THE COMMISSION-
 ER  AND  MANUFACTURERS, IN ACCORDANCE WITH THIS SECTION, WITH THE EXCEP-
 TION OF THOSE PORTIONS WHICH A MANUFACTURER DETERMINES, SUBJECT  TO  THE
 APPROVAL  OF  THE COMMISSIONER, ARE RELATED TO A PROPRIETARY PROCESS THE
 DISCLOSURE OF WHICH WOULD  COMPROMISE  SUCH  MANUFACTURER'S  COMPETITIVE
 POSITION.  THE  COMMISSIONER SHALL NOT APPROVE ANY EXCEPTIONS UNDER THIS
 SUBDIVISION WITH RESPECT TO ANY INGREDIENT PUBLISHED AS  A  CHEMICAL  OF
 CONCERN ON ONE OR MORE LISTS IDENTIFIED BY THE COMMISSIONER.
   §  1702.  PENALTIES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAP-
 TER, ANY MANUFACTURER WHO VIOLATES ANY OF  THE  PROVISIONS  OF,  OR  WHO
 FAILS  TO PERFORM ANY DUTY IMPOSED BY, THIS ARTICLE OR ANY RULE OR REGU-
 LATION PROMULGATED THEREUNDER, SHALL BE LIABLE, IN THE CASE OF  A  FIRST
 VIOLATION,  FOR  A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS. IN
 THE CASE OF A SECOND OR ANY SUBSEQUENT VIOLATION, THE LIABILITY SHALL BE
 FOR A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND  DOLLARS  FOR  EACH  SUCH
 VIOLATION.
   §  10.  Subdivision  2  and paragraphs (e) and (f) of subdivision 3 of
 section 1399-ee of the public health law, as amended by chapter  162  of
 the laws of 2002, are amended to read as follows:
   2.  If  the  enforcement  officer  determines  after  a hearing that a
 violation of this article has occurred, he or she shall impose  a  civil
 penalty of a minimum of [three hundred] ONE THOUSAND dollars, but not to
 exceed  [one]  TWO thousand dollars for a first violation, and a minimum
 of ONE THOUSAND five hundred dollars, but  not  to  exceed  [one]  THREE
 thousand  [five hundred] dollars for each subsequent violation, unless a
 different penalty is otherwise provided in this article. The enforcement
 officer shall advise the retail dealer that  upon  the  accumulation  of
 three or more points pursuant to this section the department of taxation
 and  finance shall suspend the dealer's registration. If the enforcement
 officer determines after a hearing that  a  retail  dealer  was  selling
 tobacco  products  while their registration was suspended or permanently
 revoked pursuant to subdivision three or four of this section, he or she
 shall impose a civil penalty of twenty-five hundred dollars.
   (e) Suspension. If the department determines that a retail dealer  has
 accumulated  three  points  or  more,  the  department  shall direct the
 commissioner of taxation and finance to suspend such dealer's  registra-
 tion  for  [six  months] ONE YEAR. The three points serving as the basis
 for a suspension shall be erased upon the completion of the [six  month]
 ONE YEAR penalty.
   (f) Surcharge. A TWO HUNDRED fifty dollar surcharge to be assessed for
 every violation will be made available to enforcement officers and shall
 be  used  solely  for  compliance  checks  to  be conducted to determine
 compliance with this section.
   § 11. Paragraph 1 of subdivision h of section 1607 of the tax law,  as
 amended  by  chapter  162  of  the  laws  of 2002, is amended to read as
 follows:
   1. A license shall be suspended for a period of [six months] ONE  YEAR
 upon  notification  to  the  division by the commissioner of health of a

 S. 7507--A                         133                        A. 9507--A
 
 lottery sales agent's accumulation of three or more points  pursuant  to
 subdivision  three  of  section  thirteen  hundred ninety-nine-ee of the
 public health law.
   § 12. Section 1399-x of the public health law is REPEALED.
   § 13. This act shall take effect July 1, 2020; provided, however, that
 section  one of this act shall take effect on the thirtieth day after it
 shall have become a law. Effective immediately, the addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.
 
                                  PART R

   Section 1. The director of the division of the budget may  direct  the
 commissioner of health to distribute enhanced federal medical assistance
 percentage  payments, as described in subsections (y) and (z) of section
 1905 of the federal social security act, to  social  services  districts
 only  in  such amounts as is necessary to ensure that such districts, in
 the aggregate, do not pay a greater percentage of the non-federal  share
 of  expenditures  under  the  state's plan for medical assistance, main-
 tained pursuant to section 363-a of the social services law, as compared
 to the percentage paid by such districts during  the  calendar  year  of
 2009.
   §  2.  1. Each year beginning calendar year 2020, each social services
 district ("district") shall certify to the department of  health,  in  a
 manner to be determined by the department of health in consultation with
 the  director  of  the division of the budget, whether such district has
 adopted a budget with respect to such district's fiscal year that begins
 on January first of the then current calendar year that does not  exceed
 the  tax  levy  limit established pursuant to section 3-c of the general
 municipal law or, for the City of New York, shall certify that the  most
 recently adopted budget for such city does not exceed the tax levy limit
 that would have applied to such budget had the provisions of section 3-c
 of  the  general  municipal law applied to such city; provided, however,
 that for the purposes of this subdivision, such tax levy limit shall  be
 determined  by substituting equivalent local expenditures for the exclu-
 sions provided by subparagraphs (ii), (iii) and (iv) of paragraph (g) of
 subdivision 2 of such section.
   2. (a) Districts other than the City of New York shall make the annual
 certification required by subdivision one of this section by  April  20,
 2020,  and for years beginning 2021 and thereafter, by January fifteenth
 of such year.
   (b) The City of New York shall make the annual certification  required
 by subdivision one of this section by July fifteenth of each year.
   3.  For  each  district  that  does not certify that such district has
 limited the increase in real property taxes IN ACCORDANCE WITH  SUBDIVI-
 SION  ONE  OF  THIS  SECTION  [by the real property tax cap] by the date
 specified in subdivision two of this section, the department  of  health
 shall calculate the savings in medical assistance expenditures that such
 district  realized,  or  would  have  realized, for the district's prior
 fiscal year as a result of application of section 1 of part C of chapter
 58 of the laws of 2005, as amended by section 1 of part F of chapter  56
 of  the  laws  of  2012 and any subsequent amendments thereto ("medicaid
 local share cap"). Notwithstanding section 1 of part C of chapter 58  of
 the  laws of 2005, as amended, such district's actual savings during the
 district's then current fiscal year shall  be  limited  to  the  savings

 S. 7507--A                         134                        A. 9507--A
 
 calculated in the manner prescribed in this subdivision, LESS ANY REMIT-
 TANCES IMPOSED BY APPLICATION OF THIS SUBDIVISION IN PRIOR FISCAL YEARS,
 PROVIDED  THAT EACH IMPOSITION OF A REMITTANCE PURSUANT TO THIS SUBDIVI-
 SION  SHALL  BE DEDUCTED ONLY ONCE [for each year that the district does
 not limit the increase in real property taxes by the real  property  tax
 cap  pursuant  to subdivision two of this section] ("limited local share
 savings"). The district shall be liable for and remit to the  state  the
 difference  between  the  district's limited local share savings and the
 savings that the district would have realized as a result of application
 of the medicaid local share cap, pursuant to a  schedule  determined  by
 the  commissioner  of  health  in  consultation with the director of the
 division of the budget. FURTHER, THE AMOUNT OF ANY  REMITTANCES  IMPOSED
 BY  APPLICATION  OF THIS SUBDIVISION SHALL BE OWED TO THE STATE IN EVERY
 SUBSEQUENT FISCAL YEAR, REGARDLESS WHETHER THE DISTRICT  CERTIFIES  THAT
 IT  HAS  LIMITED  THE INCREASE IN REAL PROPERTY TAXES IN ACCORDANCE WITH
 SUBDIVISION ONE OF THIS SECTION BY THE DATE SPECIFIED IN SUBDIVISION TWO
 OF THIS SECTION, PROVIDED THAT EACH IMPOSITION OF A REMITTANCE  PURSUANT
 TO  THIS  SUBDIVISION  SHALL  BE APPLIED ONLY ONCE. [provided] PROVIDED,
 however, that the commissioner of health may, in consultation  with  the
 director  of  the  division  of  the budget, reduce [such] ANY liability
 IMPOSED PURSUANT TO THIS SUBDIVISION to the extent necessary to  achieve
 compliance  with  section 1905 of the federal social security act or any
 other legal requirements imposed on  the  subject  matter  hereof.  Such
 remittances  shall be separate from, and shall not affect or be affected
 by, any voluntary  local  share  contributions  made  by  any  district,
 including the City of New York.
   4.  The  director  of the division of the budget may grant a waiver to
 any district that does not provide the certification  required  pursuant
 to  subdivision  two of this section upon a showing by such  district of
 financial hardship in a form and manner prescribed by  the  division  of
 the  budget. In evaluating an application for a financial hardship waiv-
 er, the director of the division of the budget shall consider changes in
 state or federal aid payments and other extraordinary  costs,  including
 the  occurrence  of  a disaster as defined in paragraph a of subdivision
 two of section twenty of the executive law, repair  and  maintenance  of
 infrastructure,  annual  growth  of  tax  receipts,  including  personal
 income, business, and other taxes, prepayment of debt service and  other
 expenses or such other factors that such director may determine.
   § 3. Section 363-c of the social services law is amended by adding new
 subdivisions 4, 5 and 6 to read as follows:
   4. NOTWITHSTANDING ANY LAWS OR REGULATIONS TO THE CONTRARY, ALL SOCIAL
 SERVICES DISTRICTS, PROVIDERS AND OTHER RECIPIENTS OF MEDICAL ASSISTANCE
 PROGRAM  FUNDS  SHALL MAKE AVAILABLE TO THE COMMISSIONER OR THE DIRECTOR
 OF THE DIVISION OF BUDGET IN A PROMPT FASHION ALL FISCAL AND STATISTICAL
 RECORDS AND REPORTS, OTHER CONTEMPORANEOUS RECORDS  DEMONSTRATING  THEIR
 RIGHT  TO RECEIVE PAYMENT, AND ALL UNDERLYING BOOKS, RECORDS, DOCUMENTA-
 TION AND REPORTS, WHICH MAY BE REQUESTED  BY  THE  COMMISSIONER  OR  THE
 DIRECTOR OF THE DIVISION OF THE BUDGET AS MAY BE DETERMINED NECESSARY TO
 MANAGE AND OVERSEE THE MEDICAID PROGRAM.
   5. FOR THE STATE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND TWEN-
 TY-ONE  AND  EVERY  STATE  FISCAL  YEAR  THEREAFTER, NOTWITHSTANDING THE
 PROVISIONS OF SECTION THREE HUNDRED SIXTY-EIGHT-A  OF  THIS  TITLE,  AND
 NOTWITHSTANDING SECTION ONE OF PART C OF CHAPTER FIFTY-EIGHT OF THE LAWS
 OF  TWO  THOUSAND  FIVE,  AS AMENDED BY SECTION ONE OF PART F OF CHAPTER
 FIFTY-SIX OF THE LAWS OF TWO THOUSAND TWELVE, AND ANY SUBSEQUENT  AMEND-
 MENTS THERETO, IF THE TOTAL PERCENTAGE INCREASE IN MEDICAID LOCAL SPEND-

 S. 7507--A                         135                        A. 9507--A

 ING,  MEANING  THE  AMOUNT  THAT THE DEPARTMENT OF HEALTH REIMBURSED ANY
 SOCIAL SERVICES DISTRICT DURING THE PRIOR STATE FISCAL YEAR FOR EXPENDI-
 TURES MADE BY OR ON BEHALF OF SUCH SOCIAL SERVICES DISTRICT FOR  MEDICAL
 ASSISTANCE  FOR NEEDY PERSONS, RELATIVE TO SUCH AMOUNT PAID IN THE STATE
 FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND TWENTY ("MEDICAID  LOCAL
 SPENDING  GROWTH  RATE"),  EXCEEDS  THE TOTAL PERCENTAGE INCREASE IN THE
 YEAR TO YEAR RATE OF GROWTH OF DEPARTMENT OF HEALTH STATE FUNDS MEDICAID
 SPENDING, AS ESTABLISHED BY SECTION 91 OF PART H OF CHAPTER  59  OF  THE
 LAWS  OF  2011,  AND  AS SUBSEQUENTLY AMENDED, OVER THE SAME TIME PERIOD
 ("MEDICAID GLOBAL CAP GROWTH RATE") THE SOCIAL SERVICES  DISTRICT  SHALL
 BE  LIABLE  FOR AND REMIT TO THE STATE ONE HUNDRED PERCENT OF THE AMOUNT
 OF MEDICAID LOCAL SPENDING MULTIPLIED BY THE DIFFERENCE IN THE  MEDICAID
 GLOBAL  CAP  GROWTH  RATE  AND  THE  MEDICAID LOCAL SPENDING GROWTH RATE
 PURSUANT TO A SCHEDULE DETERMINED  BY  THE  COMMISSIONER  OF  HEALTH  IN
 CONSULTATION  WITH  THE DIRECTOR OF THE DIVISION OF BUDGET.  SUCH REMIT-
 TANCES SHALL NOT BE CONSIDERED WHEN DETERMINING  A  DISTRICT'S  MEDICAID
 LOCAL  SPENDING  GROWTH  IN SUBSEQUENT FISCAL YEARS.  PROVIDED, HOWEVER,
 THAT THIS SUBDIVISION SHALL  NOT  APPLY  ONLY  TO  THE  EXTENT  THAT  IT
 CONFLICTS  WITH  OR  WOULD  ACHIEVE  LESS  SAVINGS TO THE STATE THAN THE
 APPLICATION OF SUBDIVISION ONE OF SECTION ONE OF PART R OF A CHAPTER  OF
 THE  LAWS  OF  2020, CONCERNING DISTRIBUTION OF ENHANCED FEDERAL MEDICAL
 ASSISTANCE PERCENTAGE PAYMENTS, AS PROPOSED IN LEGISLATIVE BILL  NUMBERS
 S.7507-A AND A.9507-A.
   6. FOR THE STATE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND TWEN-
 TY-ONE  AND  EVERY  STATE  FISCAL  YEAR  THEREAFTER, NOTWITHSTANDING THE
 PROVISIONS OF SECTION THREE HUNDRED SIXTY-EIGHT-A  OF  THIS  TITLE,  AND
 NOTWITHSTANDING SECTION ONE OF PART C OF CHAPTER FIFTY-EIGHT OF THE LAWS
 OF  TWO  THOUSAND  FIVE,  AS AMENDED BY SECTION ONE OF PART F OF CHAPTER
 FIFTY-SIX OF THE LAWS OF TWO THOUSAND TWELVE, AND ANY SUBSEQUENT  AMEND-
 MENTS  THERETO,  IF A SOCIAL SERVICES DISTRICT'S MEDICAID LOCAL SPENDING
 GROWTH RATE IS LESS THAN THE MEDICAID GLOBAL CAP GROWTH RATE, BOTH TERMS
 AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION, THE STATE SHALL REMIT TO
 THE SOCIAL SERVICES  DISTRICT  TWENTY-FIVE  PERCENT  OF  THE  AMOUNT  OF
 MEDICAL  LOCAL SPENDING, AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION,
 MULTIPLIED BY THE DIFFERENCE IN THE MEDICAID GLOBAL CAP GROWTH RATE  AND
 THE  MEDICAID  LOCAL SPENDING GROWTH RATE, PURSUANT TO A SCHEDULE DETER-
 MINED BY THE COMMISSIONER OF HEALTH IN CONSULTATION WITH THE DIRECTOR OF
 THE DIVISION OF BUDGET. SUCH REMITTANCES SHALL NOT  BE  CONSIDERED  WHEN
 DETERMINING  A  DISTRICT'S  MEDICAID LOCAL SPENDING GROWTH IN SUBSEQUENT
 FISCAL YEARS.
   § 4. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2020.

                                  PART S
 
   Section  1.  Subdivision 7 of section 2802 of the public health law is
 amended by adding a new paragraph (b-1) to read as follows:
   (B-1) AT SUCH TIME AS THE COMMISSIONER'S WRITTEN  CONTINGENT  APPROVAL
 IS GRANTED, OR WRITTEN APPROVAL IN INSTANCES WHERE NO CONTINGENCIES WERE
 APPLIED  TO  SUCH  APPROVAL,  EACH  APPLICANT  SHALL  PAY  AN ADDITIONAL
 SURCHARGE EQUAL TO THREE PERCENT OF  THE  TOTAL  CAPITAL  VALUE  OF  THE
 APPLICATION.
   §  2.  Paragraph  (d)  of  subdivision 7 of section 2802 of the public
 health law, as amended by section 87 of part C of chapter 58 of the laws
 of 2009, is amended and a new paragraph (e) is added to read as follows:

 S. 7507--A                         136                        A. 9507--A

   (d) (I) The fees and  charges  [paid  by  an  applicant  pursuant  to]
 IMPOSED  BY  this subdivision [for any application for construction of a
 hospital approved in accordance with this section shall be deemed allow-
 able capital costs in the determination of  reimbursement  rates  estab-
 lished pursuant to this article. The cost of such fees and charges shall
 not  be  subject to reimbursement ceiling or other penalties used by the
 commissioner for the purpose of establishing reimbursement rates  pursu-
 ant  to  this article.] SHALL NOT APPLY TO ANY APPLICATION FOR WHICH ALL
 DEVELOPMENT, DESIGN, AND CONSTRUCTION COSTS ARE BEING SOLELY  FUNDED  BY
 STATE  GRANTS  OF  ANY  KIND,  EXCEPT  THAT SUCH FEES AND CHARGES MAY BE
 IMPOSED IN SUCH CIRCUMSTANCES UNDER CRITERIA  THAT  MAY  BE  ADOPTED  IN
 REGULATION BY THE COMMISSIONER, WITH THE APPROVAL OF THE DIRECTOR OF THE
 BUDGET.
   (II)  THE COMMISSIONER, WITH THE APPROVAL OF THE DIRECTOR OF THE BUDG-
 ET, IS AUTHORIZED TO EXEMPT CERTAIN  APPLICATIONS,  THAT  MEET  CRITERIA
 ESTABLISHED  BY  THE  COMMISSIONER  IN  REGULATION,  FROM  THE SURCHARGE
 IMPOSED BY PARAGRAPH (B-1) OF THIS SUBDIVISION.
   (E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE
 FEES AND CHARGES PAID BY AN APPLICANT PURSUANT TO THIS SUBDIVISION SHALL
 NOT  BE  ELIGIBLE  FOR  REIMBURSEMENT  BY THE STATE, INCLUDING THE STATE
 MEDICAID PROGRAM.
   (F) All fees pursuant to this section shall be payable to the  depart-
 ment  [of  health]  for  deposit into the special revenue funds - other,
 miscellaneous special revenue fund - 339, certificate of need account.
   § 3. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2020.
 
                                  PART T
 
   Section  1.    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 4 of part F of
 chapter 57 of the laws of 2019, 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,
 [2020] 2021; 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,  [2020]
 2021, 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

 S. 7507--A                         137                        A. 9507--A
 
 physicians and surgeons during the July 1, 1985 through June 30,  [2020]
 2021  policy  periods;  in  the  event  and to the extent physicians and
 surgeons were insured by another insurer during such periods, all  or  a
 pro  rata  share of the surcharge, as the case may be, shall be remitted
 to such other insurer in accordance with rules  and  regulations  to  be
 promulgated by the superintendent.  Surcharges collected from physicians
 and  surgeons  who  were not insured during such policy periods shall be
 apportioned among all insurers in proportion to the premium  written  by
 each  insurer  during such policy periods; if a physician or surgeon was
 insured by an insurer subject to rates established by the superintendent
 during such policy periods, and  at  any  time  thereafter  a  hospital,
 health  maintenance organization, employer or institution is responsible
 for responding in damages for liability arising out of such  physician's
 or  surgeon's  practice  of medicine, such responsible entity shall also
 remit to such prior insurer the equivalent amount  that  would  then  be
 collected  as  a  surcharge if the physician or surgeon had continued to
 remain insured by such prior insurer. In  the  event  any  insurer  that
 provided  coverage  during  such  policy  periods is in liquidation, the
 property/casualty insurance security fund shall receive the  portion  of
 surcharges to which the insurer in liquidation would have been entitled.
 The surcharges authorized herein shall be deemed to be income earned for
 the  purposes of section 2303 of the insurance law.  The superintendent,
 in establishing adequate rates and in determining  any  projected  defi-
 ciency  pursuant  to  the requirements of this section and the insurance
 law, shall give substantial weight, determined  in  his  discretion  and
 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.
   § 2.  Section 20 of part H of chapter 57 of the laws of 2017, amending
 the New York  Health Care Reform Act of 1996 and other laws relating  to
 extending  certain  provisions relating thereto, as amended by section 6
 of part F of chapter 57 of the laws of  2019,  is  amended  to  read  as
 follows:
   §  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  [nineteen,]  TWENTY,  shall be eligible to apply for such
 coverage for the coverage period beginning the first of July, two  thou-
 sand  [nineteen;]  TWENTY;  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 [nineteen] TWENTY  exceeds  the  total  number  of
 physicians  or  dentists  certified  as eligible for the coverage period

 S. 7507--A                         138                        A. 9507--A
 
 beginning the first of July, two thousand [nineteen,] TWENTY,  then  the
 general hospitals may certify additional eligible physicians or dentists
 in  a  number equal to such general hospital's proportional 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
 [nineteen,]  TWENTY,  as applied to the difference between the number of
 eligible physicians or dentists for whom a policy for excess coverage or
 equivalent excess coverage was purchased for the coverage period  ending
 the  thirtieth of June, two thousand [nineteen] TWENTY and the number of
 such eligible physicians or dentists who have applied for excess  cover-
 age  or equivalent excess coverage for the coverage period beginning the
 first of July, two thousand [nineteen] TWENTY.
   § 3. This act shall take effect April 1, 2020, provided,  however,  if
 this  act  shall become a law after such date it shall take effect imme-
 diately and shall be deemed to have been in full force and effect on and
 after April 1, 2020.
 
                                  PART U
 
   Section 1. The insurance law is amended by adding a new article 29  to
 read as follows:
                                ARTICLE 29
                         PHARMACY BENEFIT MANAGERS
 SECTION 2901. DEFINITIONS.
         2902. ACTING WITHOUT A REGISTRATION.
         2903. REGISTRATION REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS.
         2904. REPORTING REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS.
         2905. ACTING WITHOUT A LICENSE.
         2906. LICENSING OF A PHARMACY BENEFIT MANAGER.
         2907. REVOCATION OR SUSPENSION OF A REGISTRATION OR LICENSE OF A
                 PHARMACY BENEFIT MANAGER.
         2908. PENALTIES FOR VIOLATIONS.
         2909. STAY OR SUSPENSION OF SUPERINTENDENT'S DETERMINATION.
         2910. REVOKED REGISTRATIONS OR LICENSES.
         2911. CHANGE OF ADDRESS.
         2912. DUTIES.
         2913. APPLICABILITY OF OTHER LAWS.
         2914. ASSESSMENTS.
   § 2901. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
   (A)  "HEALTH  PLAN"  MEANS  AN INSURANCE COMPANY THAT IS AN AUTHORIZED
 INSURER UNDER THIS CHAPTER, A  COMPANY  ORGANIZED  PURSUANT  TO  ARTICLE
 FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN
 ESTABLISHED  PURSUANT  TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, AN ENTITY
 CERTIFIED PURSUANT TO  ARTICLE  FORTY-FOUR  OF  THE  PUBLIC  HEALTH  LAW
 INCLUDING  THOSE  PROVIDING SERVICES PURSUANT TO TITLE ELEVEN OF ARTICLE
 FIVE OF THE SOCIAL SERVICES LAW,  AN  INSTITUTION  OF  HIGHER  EDUCATION
 CERTIFIED  PURSUANT  TO  SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF
 THIS CHAPTER, THE STATE INSURANCE FUND, AND THE NEW  YORK  STATE  HEALTH
 INSURANCE  PLAN  ESTABLISHED  UNDER  ARTICLE ELEVEN OF THE CIVIL SERVICE
 LAW.
   (B) "PHARMACY BENEFIT MANAGEMENT SERVICES"  MEANS  THE  MANAGEMENT  OR
 ADMINISTRATION OF PRESCRIPTION DRUG BENEFITS PURSUANT TO A CONTRACT WITH
 A  HEALTH  PLAN,  DIRECTLY  OR THROUGH ANOTHER ENTITY, AND REGARDLESS OF
 WHETHER THE PHARMACY BENEFIT MANAGER AND THE HEALTH PLAN ARE RELATED, OR
 ASSOCIATED BY OWNERSHIP, COMMON OWNERSHIP,  ORGANIZATION  OR  OTHERWISE;

 S. 7507--A                         139                        A. 9507--A
 
 INCLUDING  THE  PROCUREMENT  OF  PRESCRIPTION  DRUGS  TO BE DISPENSED TO
 PATIENTS, OR THE ADMINISTRATION OR MANAGEMENT OF PRESCRIPTION DRUG BENE-
 FITS, INCLUDING BUT NOT LIMITED TO, ANY OF THE FOLLOWING:
   (1) MAIL SERVICE PHARMACY;
   (2) CLAIMS PROCESSING, RETAIL NETWORK MANAGEMENT, OR PAYMENT OF CLAIMS
 TO PHARMACIES FOR DISPENSING PRESCRIPTION DRUGS;
   (3)  CLINICAL OR OTHER FORMULARY OR PREFERRED DRUG LIST DEVELOPMENT OR
 MANAGEMENT;
   (4) NEGOTIATION  OR  ADMINISTRATION  OF  REBATES,  DISCOUNTS,  PAYMENT
 DIFFERENTIALS,  OR  OTHER  INCENTIVES,  FOR  THE INCLUSION OF PARTICULAR
 PRESCRIPTION DRUGS IN A PARTICULAR CATEGORY OR TO PROMOTE  THE  PURCHASE
 OF PARTICULAR PRESCRIPTION DRUGS;
   (5)  PATIENT  COMPLIANCE, THERAPEUTIC INTERVENTION, OR GENERIC SUBSTI-
 TUTION PROGRAMS;
   (6) DISEASE MANAGEMENT;
   (7) DRUG UTILIZATION REVIEW OR PRIOR AUTHORIZATION;
   (8) ADJUDICATION OF APPEALS OR GRIEVANCES RELATED TO PRESCRIPTION DRUG
 COVERAGE;
   (9) CONTRACTING WITH NETWORK PHARMACIES; AND
   (10) CONTROLLING THE COST OF COVERED PRESCRIPTION DRUGS.
   (C) "PHARMACY BENEFIT MANAGER" MEANS ANY ENTITY,  INCLUDING  A  WHOLLY
 OWNED OR PARTIALLY OWNED OR CONTROLLED SUBSIDIARY OF A PHARMACY BENEFITS
 MANAGER,  THAT CONTRACTS TO PROVIDE PHARMACY BENEFIT MANAGEMENT SERVICES
 ON BEHALF OF A HEALTH PLAN.
   (D) "CONTROLLING PERSON" MEANS ANY PERSON OR OTHER ENTITY WHO OR WHICH
 DIRECTLY OR INDIRECTLY HAS THE POWER TO DIRECT OR CAUSE TO  BE  DIRECTED
 THE MANAGEMENT, CONTROL OR ACTIVITIES OF A PHARMACY BENEFIT MANAGER.
   (E)  "COVERED  INDIVIDUAL"  MEANS  A  MEMBER,  PARTICIPANT,  ENROLLEE,
 CONTRACT HOLDER OR POLICY HOLDER OR BENEFICIARY OF A HEALTH PLAN.
   § 2902. ACTING WITHOUT A REGISTRATION. (A) NO  PERSON,  FIRM,  ASSOCI-
 ATION, CORPORATION OR OTHER ENTITY MAY ACT AS A PHARMACY BENEFIT MANAGER
 ON  OR AFTER JUNE FIRST, TWO THOUSAND TWENTY AND PRIOR TO JANUARY FIRST,
 TWO THOUSAND TWENTY-TWO, WITHOUT HAVING A VALID REGISTRATION AS A  PHAR-
 MACY  BENEFIT  MANAGER  FILED WITH THE SUPERINTENDENT IN ACCORDANCE WITH
 THIS ARTICLE AND ANY REGULATIONS PROMULGATED THEREUNDER.
   (B) ANY PERSON, FIRM, ASSOCIATION, CORPORATION OR  OTHER  ENTITY  THAT
 VIOLATES  THIS  SECTION SHALL, IN ADDITION TO ANY OTHER PENALTY PROVIDED
 BY LAW, BE LIABLE FOR RESTITUTION  TO  ANY  HEALTH  PLAN,  PHARMACY,  OR
 COVERED  INDIVIDUAL HARMED BY THE VIOLATION AND SHALL ALSO BE SUBJECT TO
 A PENALTY NOT EXCEEDING THE GREATER OF: (1) ONE THOUSAND DOLLARS FOR THE
 FIRST VIOLATION AND TWO THOUSAND FIVE HUNDRED DOLLARS  FOR  EACH  SUBSE-
 QUENT  VIOLATION; OR (2) THE AGGREGATE ECONOMIC GROSS RECEIPTS ATTRIBUT-
 ABLE TO ALL VIOLATIONS.
   § 2903. REGISTRATION REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS.   (A)
 EVERY PHARMACY BENEFIT MANAGER THAT PERFORMS PHARMACY BENEFIT MANAGEMENT
 SERVICES  ON OR AFTER JUNE FIRST, TWO THOUSAND TWENTY AND PRIOR TO JANU-
 ARY FIRST, TWO THOUSAND TWENTY-TWO SHALL REGISTER WITH  THE  SUPERINTEN-
 DENT IN A MANNER ACCEPTABLE TO THE SUPERINTENDENT AND SHALL PAY A FEE OF
 ONE  THOUSAND  DOLLARS  FOR EACH YEAR OR FRACTION OF A YEAR IN WHICH THE
 REGISTRATION SHALL BE VALID. THE SUPERINTENDENT SHALL REQUIRE  THAT  THE
 PHARMACY  BENEFIT  MANAGER DISCLOSE ITS OFFICER OR OFFICERS AND DIRECTOR
 OR DIRECTORS WHO ARE RESPONSIBLE FOR THE  BUSINESS  ENTITY'S  COMPLIANCE
 WITH THE FINANCIAL SERVICES AND INSURANCE LAWS, RULES AND REGULATIONS OF
 THIS  STATE.  THE  REGISTRATION SHALL DETAIL THE LOCATIONS FROM WHICH IT
 PROVIDES SERVICES, AND A LISTING OF  ANY  ENTITIES  WITH  WHICH  IT  HAS
 CONTRACTS  IN NEW YORK STATE.  THE SUPERINTENDENT CAN REJECT A REGISTRA-

 S. 7507--A                         140                        A. 9507--A
 
 TION APPLICATION FILED BY A  PHARMACY  BENEFIT  MANAGER  THAT  FAILS  TO
 COMPLY WITH THE MINIMUM REGISTRATION STANDARDS.
   (B)  FOR EACH BUSINESS ENTITY, THE OFFICER OR OFFICERS AND DIRECTOR OR
 DIRECTORS NAMED IN THE APPLICATION SHALL BE DESIGNATED  RESPONSIBLE  FOR
 THE  BUSINESS ENTITY'S COMPLIANCE WITH THE FINANCIAL SERVICES AND INSUR-
 ANCE LAWS, RULES AND REGULATIONS OF THIS STATE.
   (C) EVERY REGISTRATION WILL EXPIRE ON DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-ONE REGARDLESS OF WHEN REGISTRATION WAS FIRST MADE.
   (D) EVERY PHARMACY BENEFIT  MANAGER  THAT  PERFORMS  PHARMACY  BENEFIT
 MANAGEMENT  SERVICES AT ANY TIME PRIOR TO JUNE FIRST, TWO THOUSAND TWEN-
 TY, SHALL MAKE THE REGISTRATION AND FEE PAYMENT REQUIRED  BY  SUBSECTION
 (A)  OF  THIS  SECTION ON OR BEFORE JUNE FIRST, TWO THOUSAND TWENTY. ANY
 OTHER PHARMACY BENEFIT MANAGER  SHALL  MAKE  THE  REGISTRATION  AND  FEE
 PAYMENT  REQUIRED  BY SUBSECTION (A) OF THIS SECTION PRIOR TO PERFORMING
 PHARMACY BENEFIT MANAGEMENT SERVICES.
   (E) REGISTRANTS UNDER THIS SECTION SHALL BE SUBJECT TO EXAMINATION  BY
 THE SUPERINTENDENT AS OFTEN AS THE SUPERINTENDENT MAY DEEM IT NECESSARY.
 THE  SUPERINTENDENT  MAY PROMULGATE REGULATIONS ESTABLISHING METHODS AND
 PROCEDURES FOR FACILITATING AND VERIFYING COMPLIANCE WITH  THE  REQUIRE-
 MENTS OF THIS ARTICLE AND SUCH OTHER REGULATIONS AS NECESSARY TO ENFORCE
 THE PROVISIONS OF THIS ARTICLE.
   §  2904. REPORTING REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS.  (A)(1)
 ON OR BEFORE JULY FIRST OF EACH YEAR, BEGINNING IN TWO THOUSAND  TWENTY-
 ONE,  EVERY PHARMACY BENEFIT MANAGER SHALL REPORT TO THE SUPERINTENDENT,
 IN A STATEMENT SUBSCRIBED AND AFFIRMED AS TRUE UNDER PENALTIES OF PERJU-
 RY, THE INFORMATION REQUESTED BY THE SUPERINTENDENT  INCLUDING,  WITHOUT
 LIMITATION:
   (I) ANY PRICING DISCOUNTS, REBATES OF ANY KIND, INFLATIONARY PAYMENTS,
 CREDITS,  CLAWBACKS,  FEES,  GRANTS,  CHARGEBACKS, REIMBURSEMENTS, OTHER
 FINANCIAL OR OTHER REIMBURSEMENTS, INCENTIVES, INDUCEMENTS,  REFUNDS  OR
 OTHER BENEFITS RECEIVED BY THE PHARMACY BENEFIT MANAGER; AND
   (II)  THE TERMS AND CONDITIONS OF ANY CONTRACT OR ARRANGEMENT, INCLUD-
 ING OTHER FINANCIAL OR OTHER REIMBURSEMENTS INCENTIVES,  INDUCEMENTS  OR
 REFUNDS  BETWEEN THE PHARMACY BENEFIT MANAGER AND ANY OTHER PARTY RELAT-
 ING TO PHARMACY BENEFIT MANAGEMENT SERVICES PROVIDED TO  A  HEALTH  PLAN
 INCLUDING BUT NOT LIMITED TO, DISPENSING FEES PAID TO PHARMACIES.
   (2)  THE  SUPERINTENDENT  MAY REQUIRE THE FILING OF QUARTERLY OR OTHER
 STATEMENTS, WHICH SHALL BE IN SUCH FORM AND SHALL CONTAIN  SUCH  MATTERS
 AS THE SUPERINTENDENT SHALL PRESCRIBE.
   (3)  THE SUPERINTENDENT MAY ADDRESS TO ANY PHARMACY BENEFIT MANAGER OR
 ITS OFFICERS ANY INQUIRY IN RELATION TO ITS PROVISION OF PHARMACY  BENE-
 FIT MANAGEMENT SERVICES OR ANY MATTER CONNECTED THEREWITH. EVERY PHARMA-
 CY BENEFIT MANAGER OR PERSON SO ADDRESSED SHALL REPLY IN WRITING TO SUCH
 INQUIRY PROMPTLY AND TRUTHFULLY, AND SUCH REPLY SHALL BE, IF REQUIRED BY
 THE SUPERINTENDENT, SUBSCRIBED BY SUCH INDIVIDUAL, OR BY SUCH OFFICER OR
 OFFICERS  OF  THE  PHARMACY BENEFIT MANAGER, AS THE SUPERINTENDENT SHALL
 DESIGNATE, AND AFFIRMED BY THEM AS TRUE UNDER THE PENALTIES OF PERJURY.
   (B) IN THE EVENT ANY PHARMACY  BENEFIT  MANAGER  OR  PERSON  DOES  NOT
 SUBMIT  A  REPORT REQUIRED BY PARAGRAPHS ONE OR TWO OF SUBSECTION (A) OF
 THIS SECTION OR DOES NOT PROVIDE A GOOD FAITH  RESPONSE  TO  AN  INQUIRY
 FROM THE SUPERINTENDENT PURSUANT TO PARAGRAPH THREE OF SUBSECTION (A) OF
 THIS SECTION WITHIN A TIME PERIOD SPECIFIED BY THE SUPERINTENDENT OF NOT
 LESS  THAN  FIFTEEN  BUSINESS  DAYS, THE SUPERINTENDENT IS AUTHORIZED TO
 LEVY A CIVIL PENALTY, AFTER NOTICE AND HEARING,  AGAINST  SUCH  PHARMACY
 BENEFIT MANAGER OR PERSON NOT TO EXCEED ONE THOUSAND DOLLARS PER DAY FOR

 S. 7507--A                         141                        A. 9507--A
 
 EACH  DAY BEYOND THE DATE THE REPORT IS DUE OR THE DATE SPECIFIED BY THE
 SUPERINTENDENT FOR RESPONSE TO THE INQUIRY.
   (C)  ALL  DOCUMENTS,  MATERIALS,  OR  OTHER INFORMATION DISCLOSED BY A
 PHARMACY BENEFIT MANAGER UNDER THIS SECTION WHICH IS IN THE  CONTROL  OR
 POSSESSION OF THE SUPERINTENDENT SHALL BE DEEMED CONFIDENTIAL, SHALL NOT
 BE  DISCLOSED,  EITHER  PURSUANT  TO  FREEDOM OF INFORMATION REQUESTS OR
 SUBPOENA, AND FURTHER SHALL NOT BE SUBJECT TO DISCOVERY OR ADMISSIBLE IN
 EVIDENCE IN ANY PRIVATE CIVIL ACTION.
   § 2905. ACTING WITHOUT A LICENSE. (A) NO  PERSON,  FIRM,  ASSOCIATION,
 CORPORATION  OR OTHER ENTITY MAY ACT AS A PHARMACY BENEFIT MANAGER ON OR
 AFTER JANUARY FIRST, TWO THOUSAND TWENTY-TWO WITHOUT HAVING AUTHORITY TO
 DO SO BY VIRTUE OF A LICENSE ISSUED IN FORCE PURSUANT TO THE  PROVISIONS
 OF THIS ARTICLE.
   (B)  ANY  PERSON,  FIRM, ASSOCIATION, CORPORATION OR OTHER ENTITY THAT
 VIOLATES THIS SECTION SHALL, IN ADDITION TO ANY OTHER  PENALTY  PROVIDED
 BY  LAW,  BE  SUBJECT  TO A PENALTY NOT EXCEEDING THE GREATER OF (1) ONE
 THOUSAND DOLLARS FOR THE FIRST VIOLATION AND TWO THOUSAND  FIVE  HUNDRED
 DOLLARS  FOR  EACH  SUBSEQUENT  VIOLATION  OR (2) THE AGGREGATE ECONOMIC
 GROSS RECEIPTS ATTRIBUTABLE TO ALL VIOLATIONS.
   § 2906. LICENSING OF A PHARMACY BENEFIT MANAGER. (A)  THE  SUPERINTEN-
 DENT MAY ISSUE A PHARMACY BENEFIT MANAGER'S LICENSE TO ANY PERSON, FIRM,
 ASSOCIATION  OR  CORPORATION  WHO OR THAT HAS COMPLIED WITH THE REQUIRE-
 MENTS OF THIS ARTICLE, INCLUDING REGULATIONS PROMULGATED BY  THE  SUPER-
 INTENDENT.  THE SUPERINTENDENT, IN CONSULTATION WITH THE COMMISSIONER OF
 HEALTH, MAY ESTABLISH, BY REGULATION, MINIMUM STANDARDS FOR THE ISSUANCE
 OF A LICENSE TO A PHARMACY BENEFIT MANAGER.
   (B) THE MINIMUM STANDARDS ESTABLISHED UNDER THIS  SECTION  SHALL  TAKE
 THE FORM OF A CODE OF CONDUCT WHICH MAY ADDRESS, WITHOUT LIMITATION:
   (1)  PROHIBITIONS  ON  CONFLICTS  OF INTEREST BETWEEN PHARMACY BENEFIT
 MANAGERS AND HEALTH PLANS;
   (2)  PROHIBITIONS  ON  DECEPTIVE  PRACTICES  IN  CONNECTION  WITH  THE
 PERFORMANCE OF PHARMACY BENEFIT MANAGEMENT SERVICES;
   (3)  PROHIBITIONS ON ANTI-COMPETITIVE PRACTICES IN CONNECTION WITH THE
 PERFORMANCE OF PHARMACY BENEFIT MANAGEMENT SERVICES;
   (4) PROHIBITIONS ON PRICING MODELS INCLUDING SPREAD PRICING;
   (5) PROHIBITIONS ON UNFAIR CLAIMS PRACTICES  IN  CONNECTION  WITH  THE
 PERFORMANCE OF PHARMACY BENEFIT MANAGEMENT SERVICES;
   (6) CODIFICATION OF STANDARDS AND PRACTICES IN THE CREATION OF PHARMA-
 CY NETWORKS AND CONTRACTING WITH NETWORK PHARMACIES AND OTHER PROVIDERS;
 AND
   (7) BEST PRACTICES FOR PROTECTION OF CONSUMERS.
   (C)  THE  SUPERINTENDENT  MAY REQUIRE ANY OR ALL OF THE MEMBERS, OFFI-
 CERS, DIRECTORS, OR DESIGNATED EMPLOYEES OF THE APPLICANT TO BE NAMED IN
 THE APPLICATION FOR A LICENSE UNDER  THIS  ARTICLE.  FOR  EACH  BUSINESS
 ENTITY,  THE  OFFICER OR OFFICERS AND DIRECTOR OR DIRECTORS NAMED IN THE
 APPLICATION SHALL BE DESIGNATED RESPONSIBLE FOR  THE  BUSINESS  ENTITY'S
 COMPLIANCE WITH THE INSURANCE LAWS, RULES AND REGULATIONS OF THIS STATE.
   (D)(1)  BEFORE A PHARMACY BENEFIT MANAGER'S LICENSE SHALL BE ISSUED OR
 RENEWED, THE PROSPECTIVE LICENSEE SHALL PROPERLY FILE IN THE  OFFICE  OF
 THE  SUPERINTENDENT A WRITTEN APPLICATION THEREFOR IN SUCH FORM OR FORMS
 AND SUPPLEMENTS THERETO AS THE SUPERINTENDENT PRESCRIBES, AND PAY A  FEE
 OF  TWO  THOUSAND DOLLARS FOR EACH YEAR OR FRACTION OF A YEAR IN WHICH A
 LICENSE SHALL BE VALID.
   (2) EVERY PHARMACY BENEFIT MANAGER'S LICENSE SHALL  EXPIRE  THIRTY-SIX
 MONTHS  AFTER  THE  DATE OF ISSUE. EVERY LICENSE ISSUED PURSUANT TO THIS

 S. 7507--A                         142                        A. 9507--A

 SECTION MAY BE RENEWED FOR THE ENSUING PERIOD OF THIRTY-SIX MONTHS  UPON
 THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION.
   (E) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH
 THE  SUPERINTENDENT  AT LEAST TWO MONTHS BEFORE ITS EXPIRATION, THEN THE
 LICENSE SOUGHT TO BE RENEWED SHALL CONTINUE IN  FULL  FORCE  AND  EFFECT
 EITHER  UNTIL  THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL LICENSE
 APPLIED FOR OR UNTIL FIVE  DAYS  AFTER  THE  SUPERINTENDENT  SHALL  HAVE
 REFUSED  TO  ISSUE SUCH RENEWAL LICENSE AND GIVEN NOTICE OF SUCH REFUSAL
 TO THE APPLICANT.
   (F) THE SUPERINTENDENT MAY REFUSE TO ISSUE A PHARMACY  BENEFIT  MANAG-
 ER'S  LICENSE IF, IN THE SUPERINTENDENT'S JUDGMENT, THE APPLICANT OR ANY
 MEMBER, PRINCIPAL, OFFICER OR DIRECTOR OF THE APPLICANT, IS  NOT  TRUST-
 WORTHY  AND COMPETENT TO ACT AS OR IN CONNECTION WITH A PHARMACY BENEFIT
 MANAGER, OR THAT ANY OF THE FOREGOING HAS GIVEN CAUSE FOR REVOCATION  OR
 SUSPENSION  OF  SUCH LICENSE, OR HAS FAILED TO COMPLY WITH ANY PREREQUI-
 SITE FOR THE ISSUANCE OF SUCH LICENSE. AS A PART OF SUCH  DETERMINATION,
 THE  SUPERINTENDENT  IS  AUTHORIZED  TO  FINGERPRINT  APPLICANTS  OR ANY
 MEMBER, PRINCIPAL, OFFICER OR DIRECTOR OF THE APPLICANT  FOR  LICENSURE.
 SUCH FINGERPRINTS SHALL BE SUBMITTED TO THE DIVISION OF CRIMINAL JUSTICE
 SERVICES FOR A STATE CRIMINAL HISTORY RECORD CHECK, AS DEFINED IN SUBDI-
 VISION  ONE  OF SECTION THREE THOUSAND THIRTY-FIVE OF THE EDUCATION LAW,
 AND MAY BE SUBMITTED TO  THE  FEDERAL  BUREAU  OF  INVESTIGATION  FOR  A
 NATIONAL CRIMINAL HISTORY RECORD CHECK.
   (G) LICENSEES AND APPLICANTS FOR A LICENSE UNDER THIS SECTION SHALL BE
 SUBJECT TO EXAMINATION BY THE SUPERINTENDENT AS OFTEN AS THE SUPERINTEN-
 DENT  MAY  DEEM  IT  EXPEDIENT.  THE SUPERINTENDENT MAY PROMULGATE REGU-
 LATIONS ESTABLISHING METHODS AND PROCEDURES FOR FACILITATING AND VERIFY-
 ING COMPLIANCE WITH THE REQUIREMENTS OF  THIS  SECTION  AND  SUCH  OTHER
 REGULATIONS AS NECESSARY.
   (H)  THE  SUPERINTENDENT  MAY  ISSUE  A  REPLACEMENT  FOR  A CURRENTLY
 IN-FORCE LICENSE THAT HAS BEEN LOST OR DESTROYED. BEFORE THE REPLACEMENT
 LICENSE SHALL BE ISSUED, THERE SHALL BE ON FILE IN  THE  OFFICE  OF  THE
 SUPERINTENDENT  A  WRITTEN  APPLICATION  FOR  THE  REPLACEMENT  LICENSE,
 AFFIRMING UNDER PENALTY OF PERJURY THAT THE ORIGINAL  LICENSE  HAS  BEEN
 LOST OR DESTROYED, TOGETHER WITH A FEE OF TWO HUNDRED DOLLARS.
   (I) NO PHARMACY BENEFIT MANAGER SHALL ENGAGE IN ANY PRACTICE OR ACTION
 THAT A HEALTH PLAN IS PROHIBITED FROM ENGAGING IN PURSUANT TO THIS CHAP-
 TER.
   §  2907.  REVOCATION  OR  SUSPENSION OF A REGISTRATION OR LICENSE OF A
 PHARMACY BENEFIT MANAGER.  (A) THE SUPERINTENDENT MAY REFUSE  TO  RENEW,
 MAY  REVOKE,  OR  MAY SUSPEND FOR A PERIOD THE SUPERINTENDENT DETERMINES
 THE REGISTRATION OR LICENSE OF ANY  PHARMACY  BENEFIT  MANAGER  IF,  THE
 SUPERINTENDENT DETERMINES THAT THE REGISTRANT OR LICENSEE OR ANY MEMBER,
 PRINCIPAL, OFFICER, DIRECTOR, OR CONTROLLING PERSON OF THE REGISTRANT OR
 LICENSEE, HAS:
   (1)  VIOLATED  ANY INSURANCE LAWS, SECTION TWO HUNDRED EIGHTY-A OR TWO
 HUNDRED EIGHTY-C OF THE PUBLIC HEALTH LAW OR  VIOLATED  ANY  REGULATION,
 SUBPOENA  OR ORDER OF THE SUPERINTENDENT OR OF ANOTHER STATE'S INSURANCE
 COMMISSIONER, OR HAS VIOLATED ANY LAW IN THE COURSE OF ITS  DEALINGS  IN
 SUCH  CAPACITY AFTER SUCH LICENSE HAS BEEN ISSUED OR RENEWED PURSUANT TO
 SECTION TWO THOUSAND NINE HUNDRED SIX OF THIS ARTICLE;
   (2) PROVIDED MATERIALLY INCORRECT, MATERIALLY  MISLEADING,  MATERIALLY
 INCOMPLETE  OR  MATERIALLY  UNTRUE  INFORMATION  IN  THE REGISTRATION OR
 LICENSE APPLICATION;
   (3) OBTAINED OR ATTEMPTED TO OBTAIN A REGISTRATION OR LICENSE  THROUGH
 MISREPRESENTATION OR FRAUD;

 S. 7507--A                         143                        A. 9507--A
 
   (4)(I) USED FRAUDULENT, COERCIVE OR DISHONEST PRACTICES;
   (II) DEMONSTRATED INCOMPETENCE;
   (III) DEMONSTRATED UNTRUSTWORTHINESS; OR
   (IV)  DEMONSTRATED  FINANCIAL IRRESPONSIBILITY IN THE CONDUCT OF BUSI-
 NESS IN THIS STATE OR ELSEWHERE;
   (5) IMPROPERLY WITHHELD, MISAPPROPRIATED OR CONVERTED  ANY  MONIES  OR
 PROPERTIES  RECEIVED  IN  THE  COURSE OF BUSINESS IN THIS STATE OR ELSE-
 WHERE;
   (6) INTENTIONALLY MISREPRESENTED THE TERMS OF AN  ACTUAL  OR  PROPOSED
 INSURANCE CONTRACT;
   (7)  ADMITTED  OR  BEEN  FOUND  TO HAVE COMMITTED ANY INSURANCE UNFAIR
 TRADE PRACTICE OR FRAUD;
   (8) HAD A PHARMACY BENEFIT MANAGER REGISTRATION  OR  LICENSE,  OR  ITS
 EQUIVALENT,  DENIED,  SUSPENDED OR REVOKED IN ANY OTHER STATE, PROVINCE,
 DISTRICT OR TERRITORY;
   (9) FAILED TO PAY STATE INCOME TAX OR COMPLY WITH  ANY  ADMINISTRATIVE
 OR COURT ORDER DIRECTING PAYMENT OF STATE INCOME TAX;
   (10) FAILED TO PAY ANY ASSESSMENT REQUIRED BY THIS ARTICLE; OR
   (11)  CEASED  TO  MEET  THE REQUIREMENTS FOR REGISTRATION OR LICENSURE
 UNDER THIS ARTICLE.
   (B) BEFORE REVOKING OR SUSPENDING THE REGISTRATION OR LICENSE  OF  ANY
 PHARMACY BENEFIT MANAGER PURSUANT TO THE PROVISIONS OF THIS ARTICLE, THE
 SUPERINTENDENT SHALL GIVE NOTICE TO THE REGISTRANT OR LICENSEE AND SHALL
 HOLD,  OR  CAUSE  TO BE HELD, A HEARING NOT LESS THAN TEN DAYS AFTER THE
 GIVING OF SUCH NOTICE.
   (C) IF A REGISTRATION OR LICENSE PURSUANT TO THE  PROVISIONS  OF  THIS
 ARTICLE  IS  REVOKED OR SUSPENDED BY THE SUPERINTENDENT, THEN THE SUPER-
 INTENDENT SHALL FORTHWITH GIVE NOTICE TO THE REGISTRANT OR LICENSEE.
   (D) THE REVOCATION OR SUSPENSION OF ANY REGISTRATION OR LICENSE PURSU-
 ANT TO THE PROVISIONS OF THIS ARTICLE  SHALL  TERMINATE  FORTHWITH  SUCH
 REGISTRATION  OR  LICENSE  AND  THE AUTHORITY CONFERRED THEREBY UPON ALL
 LICENSEES. FOR GOOD CAUSE SHOWN, THE SUPERINTENDENT MAY DELAY THE EFFEC-
 TIVE DATE OF A REVOCATION OR SUSPENSION  TO  PERMIT  THE  REGISTRANT  OR
 LICENSEE  TO  SATISFY  SOME  OR  ALL  OF  ITS CONTRACTUAL OBLIGATIONS TO
 PERFORM PHARMACY BENEFIT MANAGEMENT SERVICES IN THE STATE.
   (E)(1) NO INDIVIDUAL, CORPORATION, FIRM OR ASSOCIATION WHOSE REGISTRA-
 TION OR LICENSE AS A PHARMACY BENEFIT MANAGER HAS BEEN REVOKED  PURSUANT
 TO  SUBSECTION  (A) OF THIS SECTION, AND NO FIRM OR ASSOCIATION OF WHICH
 SUCH INDIVIDUAL IS A MEMBER, AND NO CORPORATION OF WHICH SUCH INDIVIDUAL
 IS AN OFFICER OR DIRECTOR, AND NO CONTROLLING PERSON OF  THE  REGISTRANT
 OR  LICENSEE  SHALL  BE  ENTITLED  TO OBTAIN ANY REGISTRATION OR LICENSE
 UNDER THE PROVISIONS OF THIS ARTICLE FOR A MINIMUM PERIOD  OF  ONE  YEAR
 AFTER  SUCH  REVOCATION,  OR, IF SUCH REVOCATION BE JUDICIALLY REVIEWED,
 FOR A MINIMUM PERIOD OF ONE YEAR AFTER THE FINAL  DETERMINATION  THEREOF
 AFFIRMING THE ACTION OF THE SUPERINTENDENT IN REVOKING SUCH LICENSE.
   (2) IF ANY SUCH REGISTRATION OR LICENSE HELD BY A FIRM, ASSOCIATION OR
 CORPORATION  BE  REVOKED,  NO  MEMBER OF SUCH FIRM OR ASSOCIATION AND NO
 OFFICER OR DIRECTOR OF SUCH CORPORATION OR ANY CONTROLLING PERSON OF THE
 REGISTRANT OR LICENSEE SHALL BE ENTITLED TO OBTAIN ANY  REGISTRATION  OR
 LICENSE,  UNDER  THIS  ARTICLE  FOR  THE SAME PERIOD OF TIME, UNLESS THE
 SUPERINTENDENT DETERMINES, AFTER NOTICE AND HEARING, THAT  SUCH  MEMBER,
 OFFICER OR DIRECTOR WAS NOT PERSONALLY AT FAULT IN THE MATTER ON ACCOUNT
 OF WHICH SUCH REGISTRATION OR LICENSE WAS REVOKED.
   (F)  IF  ANY  CORPORATION, FIRM, ASSOCIATION OR PERSON AGGRIEVED SHALL
 FILE WITH THE SUPERINTENDENT A VERIFIED COMPLAINT  SETTING  FORTH  FACTS
 TENDING  TO  SHOW  SUFFICIENT GROUND FOR THE REVOCATION OR SUSPENSION OF

 S. 7507--A                         144                        A. 9507--A
 
 ANY PHARMACY BENEFIT MANAGER'S REGISTRATION  OR  LICENSE,  THEN  IF  THE
 SUPERINTENDENT  FINDS  THE COMPLAINT CREDIBLE, THE SUPERINTENDENT SHALL,
 AFTER NOTICE AND A  HEARING,  DETERMINE  WHETHER  SUCH  REGISTRATION  OR
 LICENSE SHALL BE SUSPENDED OR REVOKED.
   (G)  THE  SUPERINTENDENT  SHALL  RETAIN  THE  AUTHORITY TO ENFORCE THE
 PROVISIONS OF AND IMPOSE ANY PENALTY OR REMEDY AUTHORIZED BY THIS  CHAP-
 TER  AGAINST  ANY  PERSON  OR  ENTITY  WHO IS UNDER INVESTIGATION FOR OR
 CHARGED WITH A VIOLATION OF THIS CHAPTER, EVEN IF THE PERSON'S OR  ENTI-
 TY'S REGISTRATION OR LICENSE HAS BEEN SURRENDERED, OR HAS EXPIRED OR HAS
 LAPSED BY OPERATION OF LAW.
   (H)  A  REGISTRANT OR LICENSEE SUBJECT TO THIS ARTICLE SHALL REPORT TO
 THE SUPERINTENDENT ANY ADMINISTRATIVE ACTION TAKEN  AGAINST  THE  REGIS-
 TRANT  OR LICENSEE OR ANY OF THE MEMBERS, OFFICERS, DIRECTORS, OR DESIG-
 NATED EMPLOYEES OF THE APPLICANT NAMED IN THE REGISTRATION OR  LICENSING
 APPLICATION IN ANOTHER JURISDICTION OR BY ANOTHER GOVERNMENTAL AGENCY IN
 THIS  STATE  WITHIN  THIRTY DAYS OF THE FINAL DISPOSITION OF THE MATTER.
 THIS REPORT SHALL INCLUDE A COPY OF THE ORDER, CONSENT TO ORDER OR OTHER
 RELEVANT LEGAL DOCUMENTS.
   (I) WITHIN THIRTY DAYS OF THE INITIAL PRETRIAL HEARING DATE, A  REGIS-
 TRANT  OR  LICENSEE  SUBJECT  TO THIS ARTICLE SHALL REPORT TO THE SUPER-
 INTENDENT ANY CRIMINAL PROSECUTION OF THE REGISTRANT OR LICENSEE OR  ANY
 OF  THE  MEMBERS,  OFFICERS,  DIRECTORS,  OR DESIGNATED EMPLOYEES OF THE
 APPLICANT NAMED IN THE REGISTRATION OR LICENSING  APPLICATION  TAKEN  IN
 ANY  JURISDICTION.  THE  REPORT  SHALL  INCLUDE  A  COPY  OF THE INITIAL
 COMPLAINT FILED, THE ORDER RESULTING FROM  THE  HEARING  AND  ANY  OTHER
 RELEVANT LEGAL DOCUMENTS.
   §  2908.  PENALTIES FOR VIOLATIONS. (A) IN ADDITION TO ANY OTHER POWER
 CONFERRED BY LAW, THE SUPERINTENDENT MAY IN ANY ONE PROCEEDING BY ORDER,
 REQUIRE A REGISTRANT OR LICENSEE WHO HAS VIOLATED ANY PROVISION OF  THIS
 ARTICLE  OR  WHOSE  LICENSE  WOULD OTHERWISE BE SUBJECT TO REVOCATION OR
 SUSPENSION TO PAY TO THE PEOPLE OF THIS STATE A PENALTY  IN  A  SUM  NOT
 EXCEEDING  THE GREATER OF: (1) ONE THOUSAND DOLLARS FOR EACH OFFENSE AND
 TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH SUBSEQUENT VIOLATION; OR  (2)
 THE AGGREGATE GROSS RECEIPTS ATTRIBUTABLE TO ALL OFFENSES.
   (B)  UPON  THE  FAILURE  OF  SUCH  A REGISTRANT OR LICENSEE TO PAY THE
 PENALTY ORDERED PURSUANT TO SUBSECTION (A) OF THIS SECTION WITHIN TWENTY
 DAYS AFTER THE MAILING OF THE ORDER, POSTAGE  PREPAID,  REGISTERED,  AND
 ADDRESSED  TO  THE  LAST KNOWN PLACE OF BUSINESS OF THE LICENSEE, UNLESS
 THE ORDER IS STAYED BY AN ORDER OF A COURT  OF  COMPETENT  JURISDICTION,
 THE  SUPERINTENDENT MAY REVOKE THE REGISTRATION OR LICENSE OF THE REGIS-
 TRANT OR LICENSEE OR MAY SUSPEND THE SAME FOR SUCH PERIOD AS THE  SUPER-
 INTENDENT DETERMINES.
   §  2909.  STAY  OR  SUSPENSION  OF SUPERINTENDENT'S DETERMINATION. THE
 COMMENCEMENT OF A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT  OF  THE  CIVIL
 PRACTICE  LAW  AND  RULES, TO REVIEW THE ACTION OF THE SUPERINTENDENT IN
 SUSPENDING OR REVOKING OR REFUSING TO RENEW ANY CERTIFICATE  UNDER  THIS
 ARTICLE,  SHALL  STAY  SUCH ACTION OF THE SUPERINTENDENT FOR A PERIOD OF
 THIRTY DAYS. SUCH STAY SHALL NOT BE EXTENDED FOR A LONGER PERIOD  UNLESS
 THE  COURT  SHALL  DETERMINE,  AFTER  A PRELIMINARY HEARING OF WHICH THE
 SUPERINTENDENT IS NOTIFIED FORTY-EIGHT HOURS IN ADVANCE, THAT A STAY  OF
 THE  SUPERINTENDENT'S  ACTION PENDING THE FINAL DETERMINATION OR FURTHER
 ORDER OF THE COURT WILL NOT INJURE THE INTERESTS OF THE  PEOPLE  OF  THE
 STATE.
   §  2910.  REVOKED  REGISTRATIONS  OR LICENSES. (A)(1) NO PERSON, FIRM,
 ASSOCIATION, CORPORATION OR OTHER ENTITY SUBJECT TO  THE  PROVISIONS  OF
 THIS  ARTICLE  WHOSE REGISTRATION OR LICENSE UNDER THIS ARTICLE HAS BEEN

 S. 7507--A                         145                        A. 9507--A
 
 REVOKED, OR WHOSE REGISTRATION OR LICENSE TO ENGAGE IN THE  BUSINESS  OF
 PHARMACY  BENEFIT  MANAGEMENT  IN  ANY  CAPACITY HAS BEEN REVOKED BY ANY
 OTHER STATE OR TERRITORY OF THE UNITED STATES SHALL BECOME  EMPLOYED  OR
 APPOINTED  BY A PHARMACY BENEFIT MANAGER AS AN OFFICER, DIRECTOR, MANAG-
 ER, CONTROLLING PERSON OR FOR OTHER SERVICES, WITHOUT THE PRIOR  WRITTEN
 APPROVAL OF THE SUPERINTENDENT, UNLESS SUCH SERVICES ARE FOR MAINTENANCE
 OR ARE CLERICAL OR MINISTERIAL IN NATURE.
   (2)  NO PERSON, FIRM, ASSOCIATION, CORPORATION OR OTHER ENTITY SUBJECT
 TO THE PROVISIONS OF THIS ARTICLE SHALL KNOWINGLY EMPLOY OR APPOINT  ANY
 PERSON OR ENTITY WHOSE REGISTRATION OR LICENSE ISSUED UNDER THIS ARTICLE
 HAS  BEEN  REVOKED,  OR  WHOSE  REGISTRATION OR LICENSE TO ENGAGE IN THE
 BUSINESS OF PHARMACY BENEFIT MANAGEMENT IN ANY CAPACITY HAS BEEN REVOKED
 BY ANY OTHER STATE OR TERRITORY OF THE UNITED  STATES,  AS  AN  OFFICER,
 DIRECTOR, MANAGER, CONTROLLING PERSON OR FOR OTHER SERVICES, WITHOUT THE
 PRIOR  WRITTEN  APPROVAL OF THE SUPERINTENDENT, UNLESS SUCH SERVICES ARE
 FOR MAINTENANCE OR ARE CLERICAL OR MINISTERIAL IN NATURE.
   (3) NO CORPORATION OR PARTNERSHIP SUBJECT TO THE  PROVISIONS  OF  THIS
 ARTICLE  SHALL KNOWINGLY PERMIT ANY PERSON WHOSE REGISTRATION OR LICENSE
 ISSUED UNDER THIS ARTICLE HAS BEEN REVOKED,  OR  WHOSE  REGISTRATION  OR
 LICENSE  TO ENGAGE IN THE BUSINESS OF PHARMACY BENEFIT MANAGEMENT IN ANY
 CAPACITY HAS BEEN REVOKED BY ANY OTHER STATE, OR TERRITORY OF THE UNITED
 STATES, TO BE A SHAREHOLDER OR HAVE AN INTEREST IN SUCH  CORPORATION  OR
 PARTNERSHIP,  NOR  SHALL ANY SUCH PERSON BECOME A SHAREHOLDER OR PARTNER
 IN SUCH CORPORATION OR PARTNERSHIP, WITHOUT THE PRIOR  WRITTEN  APPROVAL
 OF THE SUPERINTENDENT.
   (B)  THE  SUPERINTENDENT  MAY  APPROVE  THE EMPLOYMENT, APPOINTMENT OR
 PARTICIPATION OF ANY SUCH PERSON WHOSE REGISTRATION OR LICENSE HAS  BEEN
 REVOKED:
   (1)  IF THE SUPERINTENDENT DETERMINES THAT THE DUTIES AND RESPONSIBIL-
 ITIES OF SUCH PERSON ARE SUBJECT TO  APPROPRIATE  SUPERVISION  AND  THAT
 SUCH  DUTIES  AND  RESPONSIBILITIES WILL NOT HAVE AN ADVERSE EFFECT UPON
 THE PUBLIC, OTHER REGISTRANTS OR LICENSEES, OR THE REGISTRANT OR  LICEN-
 SEE PROPOSING EMPLOYMENT OR APPOINTMENT OF SUCH PERSON; OR
   (2)  IF  SUCH  PERSON  HAS  FILED AN APPLICATION FOR REREGISTRATION OR
 RELICENSING PURSUANT TO THIS ARTICLE AND THE APPLICATION FOR REREGISTRA-
 TION OR RELICENSING HAS NOT BEEN APPROVED OR DENIED WITHIN  ONE  HUNDRED
 TWENTY  DAYS  FOLLOWING  THE  FILING  THEREOF, UNLESS THE SUPERINTENDENT
 DETERMINES WITHIN THE SAID TIME THAT EMPLOYMENT OR APPOINTMENT  OF  SUCH
 PERSON  BY A REGISTRANT OR LICENSEE IN THE CONDUCT OF A PHARMACY BENEFIT
 MANAGEMENT BUSINESS WOULD NOT BE IN THE PUBLIC INTEREST.
   (C) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE OWNERSHIP OF
 SHARES OF ANY CORPORATION REGISTERED OR LICENSED PURSUANT TO THIS  ARTI-
 CLE  IF  THE  SHARES OF SUCH CORPORATION ARE PUBLICLY HELD AND TRADED IN
 THE OVER-THE-COUNTER MARKET OR UPON ANY NATIONAL OR REGIONAL  SECURITIES
 EXCHANGE.
   § 2911. CHANGE OF ADDRESS. A REGISTRANT OR LICENSEE UNDER THIS ARTICLE
 SHALL INFORM THE SUPERINTENDENT BY A MEANS ACCEPTABLE TO THE SUPERINTEN-
 DENT OF A CHANGE OF ADDRESS WITHIN THIRTY DAYS OF THE CHANGE.
   §  2912.  DUTIES.  (A) A PHARMACY BENEFIT MANAGER SHALL BE REQUIRED TO
 ADHERE TO THE CODE OF CONDUCT, AS THE SUPERINTENDENT  MAY  ESTABLISH  BY
 REGULATION PURSUANT TO SECTION TWENTY-NINE HUNDRED SIX OF THIS ARTICLE.
   (B)  NO CONTRACT WITH A HEALTH PLAN SHALL LIMIT ACCESS TO FINANCIAL OR
 UTILIZATION INFORMATION OF THE PHARMACY BENEFIT MANAGER IN  RELATION  TO
 PHARMACY BENEFIT MANAGEMENT SERVICES PROVIDED TO THE HEALTH PLAN.
   (C)  A  PHARMACY BENEFIT MANAGER SHALL DISCLOSE IN WRITING TO A HEALTH
 PLAN WITH WHOM A CONTRACT FOR PHARMACY BENEFIT MANAGEMENT  SERVICES  HAS

 S. 7507--A                         146                        A. 9507--A
 
 BEEN EXECUTED ANY ACTIVITY, POLICY, PRACTICE, CONTRACT OR ARRANGEMENT OF
 THE  PHARMACY  BENEFIT  MANAGER  THAT  DIRECTLY OR INDIRECTLY PRESENTS A
 CONFLICT OF INTEREST WITH THE  PHARMACY  BENEFIT  MANAGER'S  CONTRACTUAL
 RELATIONSHIP WITH, OR DUTIES AND OBLIGATIONS TO, THE HEALTH PLAN.
   (D) A PHARMACY BENEFIT MANAGER SHALL ASSIST A HEALTH PLAN IN ANSWERING
 ANY INQUIRY MADE UNDER SECTION THREE HUNDRED EIGHT OF THIS CHAPTER.
   (E)  NO  PHARMACY  BENEFIT  MANAGER SHALL VIOLATE ANY PROVISION OF THE
 PUBLIC HEALTH LAW APPLICABLE TO PHARMACY BENEFIT MANAGERS.
   (F) (1) ANY INFORMATION REQUIRED TO BE DISCLOSED BY A PHARMACY BENEFIT
 MANAGER TO A HEALTH PLAN UNDER THIS SECTION THAT IS  DESIGNATED  BY  THE
 PHARMACY  BENEFIT  MANAGER  AS  PROPRIETARY  OR TRADE SECRET INFORMATION
 SHALL BE KEPT CONFIDENTIAL BY THE HEALTH PLAN, EXCEPT AS REQUIRED TO  BE
 DISCLOSED BY LAW OR COURT ORDER, INCLUDING DISCLOSURE NECESSARY TO PROS-
 ECUTE OR DEFEND ANY LEGITIMATE LEGAL CLAIM OR CAUSE OF ACTION.
   (2)  DESIGNATION AS PROPRIETARY OR TRADE SECRET INFORMATION UNDER THIS
 SUBSECTION SHALL HAVE NO EFFECT ON THE OBLIGATIONS OF ANY PHARMACY BENE-
 FIT MANAGER OR HEALTH PLAN TO PROVIDE THAT INFORMATION  TO  THE  DEPART-
 MENT.
   §  2913. APPLICABILITY OF OTHER LAWS. NOTHING IN THIS ARTICLE SHALL BE
 CONSTRUED TO EXEMPT A PHARMACY BENEFIT MANAGER FROM COMPLYING  WITH  THE
 PROVISIONS  OF  ARTICLES  TWENTY-ONE  AND FORTY-NINE OF THIS CHAPTER AND
 ARTICLES FORTY-FOUR AND FORTY-NINE AND SECTIONS TWO HUNDRED EIGHTY-A AND
 TWO HUNDRED EIGHTY-C OF THE PUBLIC HEALTH  LAW,  SECTION  THREE  HUNDRED
 SIXTY-FOUR-J  OF THE SOCIAL SERVICES LAW, OR ANY OTHER PROVISION OF THIS
 CHAPTER OR THE FINANCIAL SERVICES LAW.
   § 2914. ASSESSMENTS. NOTWITHSTANDING SECTION TWO HUNDRED  SIX  OF  THE
 FINANCIAL  SERVICES LAW, PHARMACY BENEFIT MANAGERS THAT FILE A REGISTRA-
 TION WITH THE DEPARTMENT OR ARE LICENSED  BY  THE  DEPARTMENT  SHALL  BE
 ASSESSED BY THE SUPERINTENDENT FOR THE OPERATING EXPENSES OF THE DEPART-
 MENT  THAT ARE ATTRIBUTABLE TO REGULATING SUCH PHARMACY BENEFIT MANAGERS
 IN SUCH PROPORTIONS AS THE SUPERINTENDENT SHALL DEEM  JUST  AND  REASON-
 ABLE.
   §  2.  Subsection (b) of section 2402 of the insurance law, as amended
 by section 71 of part A of chapter 62 of the laws of 2011, is amended to
 read as follows:
   (b) "Defined violation" means the commission by a  person  of  an  act
 prohibited  by:  subsection (a) of section one thousand one hundred two,
 section one thousand two hundred  fourteen,  one  thousand  two  hundred
 seventeen,  one  thousand two hundred twenty, one thousand three hundred
 thirteen, subparagraph (B) of paragraph two of subsection (i) of section
 one thousand three hundred twenty-two, subparagraph (B) of paragraph two
 of subsection (i) of section one thousand three hundred twenty-four, two
 thousand one hundred two, two thousand one hundred seventeen, two  thou-
 sand  one  hundred  twenty-two,  two  thousand one hundred twenty-three,
 subsection (p) of section two thousand three hundred  thirteen,  section
 two  thousand  three hundred twenty-four, two thousand five hundred two,
 two thousand five hundred three, two thousand  five  hundred  four,  two
 thousand six hundred one, two thousand six hundred two, two thousand six
 hundred  three,  two thousand six hundred four, two thousand six hundred
 six, two thousand seven hundred three, TWO THOUSAND  NINE  HUNDRED  TWO,
 TWO  THOUSAND  NINE HUNDRED FIVE, three thousand one hundred nine, three
 thousand two hundred twenty-four-a, three thousand four hundred  twenty-
 nine,  three  thousand  four  hundred  thirty-three,  paragraph seven of
 subsection (e) of section three thousand four hundred  twenty-six,  four
 thousand two hundred twenty-four, four thousand two hundred twenty-five,
 four thousand two hundred twenty-six, seven thousand eight hundred nine,

 S. 7507--A                         147                        A. 9507--A
 
 seven  thousand  eight hundred ten, seven thousand eight hundred eleven,
 seven thousand eight hundred  thirteen,  seven  thousand  eight  hundred
 fourteen  and  seven  thousand eight hundred fifteen of this chapter; or
 section  135.60,  135.65,  175.05,  175.45,  or  190.20,  or article one
 hundred five of the penal law.
   § 3. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, or ruled by any feder-
 al agency to violate or be inconsistent with any applicable federal  law
 or  regulation,  that  shall not affect the validity or effectiveness of
 any other provision of this act, or of  any  other  application  of  any
 provision of this act.
   § 4. This act shall take effect immediately.
 
                                  PART V
 
   Section 1. Section 9.51 of the mental hygiene law, as added by chapter
 947  of  the  laws of 1981, subdivision (b) as amended by chapter 465 of
 the laws of 1992, subdivision (c) as amended by chapter 230 of the  laws
 of  2004, the opening paragraph of subdivision (d) as amended by chapter
 273 of the laws of 1986, subdivision (f) as amended by  chapter  401  of
 the  laws  of  2006,  and  the  closing  paragraph of subdivision (g) as
 amended by section 66 of part A of chapter 3 of the  laws  of  2005,  is
 amended to read as follows:
 § 9.51 Residential  treatment  facilities for children and youth; admis-
          sions.
   (a) A PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY  IS  DEVOTED  TO  THE
 PROVISION  OF  INPATIENT  PSYCHIATRIC  CARE FOR PERSONS UNDER THE AGE OF
 TWENTY-ONE. The director of a residential treatment facility  for  chil-
 dren  and  youth  may  receive as a patient a person in need of care and
 treatment in such a facility who has been [certified as needing]  DETER-
 MINED  APPROPRIATE  FOR  such  care  [by the pre-admission certification
 committee serving the facility] and TREATMENT in accordance with  STAND-
 ARDS  AND  priorities  for  admission established by [such committee, as
 provided by this section. Subject to the provisions of this section, the
 provisions of this article shall apply to  admission  and  retention  of
 patients to residential treatment facilities for children and youth] THE
 OFFICE IN REGULATIONS.
   (b)  Persons  admitted  as  in-patients  to  hospitals operated by the
 office of mental health upon the application of  the  [director  of  the
 division  for  youth]  COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY
 SERVICES pursuant to section five hundred nine of the executive  law  or
 353.4  of  the  family  court  act  who are not subject to a restrictive
 placement pursuant to section 353.5 of the family  court  act,  may,  if
 appropriate,  and  subject  to the provisions of subdivision (d) of this
 section, be transferred to a residential treatment facility for children
 and youth. The [director of the division for youth] COMMISSIONER OF  THE
 OFFICE  OF  CHILDREN  AND  FAMILY SERVICES shall be notified of any such
 transfer. When appropriate, the director of  the  residential  treatment
 facility  may  arrange  the  return  of  a patient so transferred to the
 hospital or the transfer of a patient to another hospital or, in accord-
 ance with subdivision four of section five hundred nine of the executive
 law[, to the division for youth] TO THE COMMISSIONER OF  THE  OFFICE  OF
 CHILDREN AND FAMILY SERVICES.
   (c)  The  commissioner  shall  [designate  pre-admission certification
 committees for defined geographic areas to evaluate each person proposed
 for admission or transfer to a residential treatment facility for  chil-

 S. 7507--A                         148                        A. 9507--A

 dren  and  youth.  When  designating  persons  to serve on pre-admission
 certification committees, the commissioners shall assure that the inter-
 ests of the people residing in the area to be served by  each  committee
 are  represented.  Such  committees shall include a person designated by
 the office of mental health, a person designated by  the  state  commis-
 sioner  of  social services and a person designated by the state commis-
 sioner of education. The commissioner of  mental  health  shall  consult
 with  the  conference  of local mental hygiene directors and the commis-
 sioner of social services shall consult  with  county  commissioners  of
 social  services in the area to be served by a committee prior to desig-
 nating persons to serve on a committee. The commissioners may  designate
 persons  who  are  not state employees to serve on pre-admission certif-
 ication committees. Membership of pre-admission certification committees
 shall be limited to persons licensed in accordance  with  the  education
 law  to  practice  medicine,  nursing,  psychology, or licensed clinical
 social work. In the event the persons originally designated to a commit-
 tee by the commissioners do not include a  physician,  the  commissioner
 shall  designate  a  physician  to  serve as an additional member of the
 committee. Each pre-admission certification  committee  shall  designate
 five persons representing local governments, voluntary agencies, parents
 and other interested persons who shall serve as an advisory board to the
 committee]  CONSULT  WITH THE EXECUTIVE DIRECTOR OF THE COUNCIL ON CHIL-
 DREN AND FAMILIES REGARDING THE ESTABLISHMENT OF AN ADVISORY BOARD.  THE
 ADVISORY  BOARD SHALL INCLUDE, AS DEEMED APPROPRIATE BY THE COMMISSIONER
 AND THE EXECUTIVE DIRECTOR OF THE  COUNCIL  ON  CHILDREN  AND  FAMILIES,
 REPRESENTATIVES  OF  THE MEMBERS OF THE COUNCIL ON CHILDREN AND FAMILIES
 AS SPECIFIED IN SECTION FOUR HUNDRED EIGHTY-THREE OF THE SOCIAL SERVICES
 LAW, LOCAL AGENCY REPRESENTATIVES UNDER THE  JURISDICTION  OF  A  MEMBER
 AGENCY  OF  THE COUNCIL ON CHILDREN AND FAMILIES.  Such board shall have
 the right to visit residential treatment  facilities  for  children  and
 youth [served by the committee] and shall have the right to review clin-
 ical records [obtained by the pre-admission certification committee] and
 shall  be  bound by the confidentiality requirements of section 33.13 of
 this chapter.
   (d) [All applications] APPLICATIONS for admission or  transfer  of  an
 individual  to  a  residential treatment facility for children and youth
 [shall be referred to a pre-admission certification committee for]  MUST
 DOCUMENT  THAT THERE HAS BEEN AN evaluation of the needs of the individ-
 ual and [certification] A DETERMINATION of  the  individual's  need  for
 treatment  in  a residential treatment facility for children and youth[.
 Applications shall include an assessment of the  individual's  psychiat-
 ric,  medical  and  social  needs  prepared in accordance with a uniform
 assessment method specified by the regulations of the commissioner.  The
 committee  may  at  its  discretion  refer an applicant to a hospital or
 other facility operated or licensed by  the  office  for  an  additional
 assessment.  In  the event of such an additional assessment of the indi-
 vidual's needs, the facility conducting the assessment shall attempt  to
 receive  all third party insurance or federal reimbursement available as
 payment for the assessment. The state shall pay the balance of the  fees
 which  may  be  charged  by  the  provider in accordance with applicable
 provisions of law. In addition, if necessary, in accordance with section
 four thousand five of the education law, the pre-admission certification
 committee shall obtain an evaluation of the  educational  needs  of  the
 child  by  the  committee on special education of the school district of
 residence. The pre-admission certification committee  shall  review  all
 requests  for evaluation and certification within thirty days of receipt

 S. 7507--A                         149                        A. 9507--A

 of a complete application and any additional assessments it may  require
 and,  using  a  uniform assessment method specified by regulation of the
 commissioner, evaluate the psychiatric, medical and social needs of  the
 proposed admittee and certify: (i) the individual's need for services in
 a  residential  treatment  facility  for children and youth and (ii) the
 immediacy of that need, given the availability of such services  in  the
 area  and  the  needs  of  other children evaluated by the committee and
 certified as eligible for admission to a residential treatment  facility
 for  children and youth who have not yet been admitted to such a facili-
 ty. A pre-admission certification committee shall not certify  an  indi-
 vidual  for  admission  unless it finds that] AND THE APPROPRIATENESS OF
 SUCH TREATMENT. IN THE CASE OF INDIVIDUALS WHO ARE APPLICANTS OR RECIPI-
 ENTS OF MEDICAL ASSISTANCE PURSUANT TO TITLE ELEVEN OF ARTICLE  FIVE  OF
 THE  SOCIAL  SERVICES LAW, SUCH DETERMINATION SHALL ALSO INCLUDE CERTIF-
 ICATION OF NEED FOR RESIDENTIAL TREATMENT FACILITY SERVICES  IN  ACCORD-
 ANCE  WITH THIS SECTION.  WHERE CERTIFICATION IS REQUIRED, AN INDIVIDUAL
 WILL BE CERTIFIED FOR ADMISSION IF:
   (1) Available ambulatory care resources and other  residential  place-
 ments do not meet the treatment needs of the individual;
   (2)   Proper  treatment  of  the  individual's  psychiatric  condition
 requires in-patient care and treatment under the direction of  a  physi-
 cian; and
   (3)  Care  and treatment in a residential treatment facility for chil-
 dren and youth can reasonably be expected to  improve  the  individual's
 condition  or prevent further regression so that services will no longer
 be needed, provided that a poor prognosis shall not in itself constitute
 grounds for a denial of certification if treatment can  be  expected  to
 effect  a change in prognosis. [All decisions of the committee to recom-
 mend admission or priority of admission shall be based on the  unanimous
 vote  of  those present. The decision of the committee shall be reported
 to the applicant. In the event a committee evaluates a child who is  the
 subject  of  a  proceeding  currently  pending  in the family court, the
 committee shall report its decision  to  the  family  court.]  PRIOR  TO
 ADMISSION  AND  AS FREQUENTLY AS THE OFFICE OR ITS DESIGNEE DEEMS NECES-
 SARY, THE OFFICE OR ITS DESIGNEE MAY EVALUATE THE MEDICAL NECESSITY  AND
 QUALITY  OF  SERVICES  FOR  EACH  MEDICAID  MEMBER. IF THE OFFICE OR ITS
 DESIGNEE DETERMINES THAT RESIDENTIAL TREATMENT SERVICES  ARE  NO  LONGER
 APPROPRIATE,  THE  DETERMINATION  OF THE OFFICE OR ITS DESIGNEE SHALL BE
 REPORTED TO THE FACILITY AND THE PERSON, OR THE PERSON'S LEGALLY AUTHOR-
 IZED REPRESENTATIVE. SUCH DETERMINATION SHALL NOT BE EFFECTIVE  RETROAC-
 TIVELY.
   No residential treatment facility for children and youth shall admit a
 person  who  has  not been DETERMINED APPROPRIATE AND WHERE APPROPRIATE,
 certified [as suitable] for such admission [by the  appropriate  pre-ad-
 mission certification committee]. Residential treatment facilities shall
 admit  [children in accordance with priorities for admission of children
 most immediately in need of such services established by the  pre-admis-
 sion  certification  committee  serving  the facility in accordance with
 standards established by the commissioner]  INDIVIDUALS  WHO  HAVE  BEEN
 DESIGNATED AS PRIORITY ADMISSIONS BY THE OFFICE OR COMMISSIONER'S DESIG-
 NEE.
   (e)  Notwithstanding  any inconsistent provision of law, no government
 agency shall make payments pursuant to title  nineteen  of  the  federal
 social  security act or articles five and six of the social services law
 to a residential treatment facility for children and youth  for  service

 S. 7507--A                         150                        A. 9507--A
 
 to a person whose need for care and treatment in such a facility was not
 certified pursuant to this section.
   (f)  No  person  shall be admitted to a residential treatment facility
 for children and youth who has a mental illness which presents a likeli-
 hood of serious harm to others; "likelihood of serious harm" shall  mean
 a  substantial  risk  of physical harm to other persons as manifested by
 recent homicidal or other violent behavior by which others are placed in
 reasonable fear of serious physical harm.
   (g) Notwithstanding any other provision of law, [pre-admission certif-
 ication committees] THE OFFICE OR COMMISSIONER'S DESIGNEE shall be enti-
 tled to review clinical records maintained by any person or entity which
 pertain to an individual on whose behalf  an  application  is  made  for
 admission  to  a  residential treatment facility for children and youth.
 Any clinical records received by [a pre-admission certification  commit-
 tee  and  all  assessments  submitted  to  the  committee] THE OFFICE OR
 COMMISSIONER'S DESIGNEE shall be kept confidential  in  accordance  with
 the  provisions  of  section 33.13 of [the mental hygiene law, provided,
 however, that the commissioner may have access to and receive copies  of
 such  records for the purpose of evaluating the operation and effective-
 ness of the committee] THIS CHAPTER.
   Confidentiality of clinical records of treatment  of  a  person  in  a
 residential  treatment  facility  for  children and youth shall be main-
 tained as required in section 33.13 of this chapter. That portion of the
 clinical record maintained by a residential treatment facility for chil-
 dren and youth operated by an authorized agency specifically related  to
 medical  care  and  treatment shall not be considered part of the record
 required to be maintained by such authorized agency pursuant to  section
 three  hundred  seventy-two  of the social services law and shall not be
 discoverable in a proceeding under section three  hundred  fifty-eight-a
 of  the  social  services  law  or article ten-A of the family court act
 except upon order of the family court; provided, however, that all other
 information required by a local social services district or  the  office
 of  children  and family services for purposes of sections three hundred
 fifty-eight-a, four hundred nine-e and four hundred nine-f of the social
 services law and  article  ten-A  of  the  family  court  act  shall  be
 furnished  on request, and the confidentiality of such information shall
 be safeguarded as provided in section four hundred sixty-e of the social
 services law.
   § 2. Subdivisions (b) and (c) of section 31.26 of the  mental  hygiene
 law, as added by chapter 947 of the laws of 1981, are amended to read as
 follows:
   (b)  The  commissioner  shall  have the power to adopt rules and regu-
 lations governing the establishment and operation of residential  treat-
 ment facilities for children and youth. Such rules and regulations shall
 at  least require, as a condition of issuance or retention of an operat-
 ing certificate for a residential treatment facility  for  children  and
 youth,  that admission of children into such facilities be in accordance
 with priorities for admission of children most immediately  in  need  of
 such  services [established by the pre-admission certification committee
 serving the facility,] in accordance with [section 9.51 of this chapter]
 STANDARDS ESTABLISHED BY THE COMMISSIONER.
   (c) The commissioner [and the commissioner of social services  shall],
 in  consultation with the commissioner of education [and the director of
 the division for youth], THE COMMISSIONER OF  SOCIAL  SERVICES  AND  THE
 COMMISSIONER  OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, SHALL adopt
 rules and regulations governing  the  [operation  of  the  pre-admission

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 certification  committees]  STANDARDS  FOR  ADMISSIONS OF INDIVIDUALS TO
 RESIDENTIAL TREATMENT FACILITIES required in section 9.51 of this  chap-
 ter.
   §  3.  Subdivision  (g)  of section 9.27 of the mental hygiene law, as
 added by chapter 947 of the laws of 1981, is amended to read as follows:
   (g) Applications for involuntary admission of patients to  residential
 treatment facilities for children and youth or transfer of involuntarily
 admitted  patients  to  such  facilities  [shall] MAY be reviewed by the
 [pre-admission certification committee] OFFICE OR COMMISSIONER'S  DESIG-
 NEE  serving such facility in accordance with section 9.51 of this arti-
 cle.
   § 4. This act shall take effect July 1, 2020 and shall  apply  to  all
 applications received on or after such effective date.
 
                                  PART W
 
   Section  1.  Subdivision 9 of section 730.10 of the criminal procedure
 law, as added by section 1 of part Q of chapter 56 of the laws of  2012,
 is amended to read as follows:
   9.  "Appropriate  institution"  means:  (a) a hospital operated by the
 office of mental health or a developmental center operated by the office
 for people with developmental disabilities; [or] (b) a hospital licensed
 by the department of health which operates a psychiatric  unit  licensed
 by  the  office  of  mental  health,  as  determined by the commissioner
 provided, however, that any such hospital that is not  operated  by  the
 state shall qualify as an "appropriate institution" only pursuant to the
 terms  of an agreement between the commissioner and the hospital; OR (C)
 A MENTAL HEALTH UNIT OPERATING  WITHIN  A  LOCAL  CORRECTIONAL  FACILITY
 EXCEPT  THOSE  LOCATED WITHIN A CITY WITH A POPULATION OF ONE MILLION OR
 MORE; PROVIDED HOWEVER, THAT ANY SUCH MENTAL HEALTH UNIT OPERATING WITH-
 IN A LOCAL CORRECTIONAL FACILITY SHALL QUALIFY AS AN "APPROPRIATE INSTI-
 TUTION" ONLY PURSUANT TO THE TERMS OF AN AGREEMENT BETWEEN  THE  COMMIS-
 SIONER  OF  MENTAL  HEALTH, DIRECTOR OF COMMUNITY MENTAL HEALTH SERVICES
 AND THE SHERIFF FOR THE RESPECTIVE LOCALITY.   Nothing in  this  article
 shall be construed as requiring a hospital OR LOCAL CORRECTIONAL FACILI-
 TY to consent to providing care and treatment to an incapacitated person
 at such hospital OR LOCAL CORRECTIONAL FACILITY.
   § 2. This act shall take effect immediately.
 
                                  PART X
 
   Section  1.  Pursuant  to  section 7.18 of the mental hygiene law, the
 office of mental health will establish a separate  appointing  authority
 of  secure  treatment  and  rehabilitation  center  within the office of
 mental health for the care and  treatment  of  dangerous  sex  offenders
 requiring  confinement  as described in article 10 of the mental hygiene
 law. All office of mental health employees who are substantially engaged
 in the care and treatment of article 10 sex  offenders  will  be  trans-
 ferred  to  the  secure  treatment and rehabilitation center pursuant to
 subdivision 2 of section 70 of the civil  service  law.  Employees  will
 remain in their current geographic location, and civil service title and
 status.
   § 2. This act shall take effect immediately.
 
                                  PART Y

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   Section  1.  Sections  19  and  21  of chapter 723 of the laws of 1989
 amending the mental hygiene law and other laws relating to comprehensive
 psychiatric emergency programs, as amended by section 1  of  part  I  of
 chapter 59 of the laws of 2016, are amended to read as follows:
   §  19. Notwithstanding any other provision of law, the commissioner of
 mental health shall, until July 1, [2020] 2024, be solely authorized, in
 his or her discretion,  to  designate  those  general  hospitals,  local
 governmental units and voluntary agencies which may apply and be consid-
 ered  for the approval and issuance of an operating certificate pursuant
 to article 31 of the mental hygiene law for the operation of  a  compre-
 hensive psychiatric emergency program.
   §  21.  This  act shall take effect immediately, and sections one, two
 and four through twenty of this act  shall  remain  in  full  force  and
 effect,  until  July  1,  [2020]  2024, at which time the amendments and
 additions made by such sections of  this  act  shall  be  deemed  to  be
 repealed,  and  any  provision of law amended by any of such sections of
 this act shall revert to its text as it existed prior to  the  effective
 date of this act.
   §  2.  Subdivisions  (a), (b), (e), (f) and (h) of section 9.40 of the
 mental hygiene law, as added by chapter 723 of the  laws  of  1989,  are
 amended, and a new subdivision (a-1) is added to read as follows:
   (a)  The  director  of any comprehensive psychiatric emergency program
 may receive and retain therein for a period not to exceed  [seventy-two]
 NINETY-SIX  hours, any person alleged to have a mental illness for which
 immediate observation, care and treatment in such program is appropriate
 and which is likely to result in serious harm to the person  or  others.
 The director shall cause to be entered upon the program records the name
 of the person or persons, if any, who have brought the person alleged to
 have  a  mental  illness  to  the program and the details of the circum-
 stances leading the person or persons to bring  the  person  alleged  to
 have a mental illness to the program.
   (A-1)  THE  DIRECTOR  SHALL  CAUSE  TRIAGE AND REFERRAL SERVICES TO BE
 PROVIDED BY A PSYCHIATRIC NURSE PRACTITIONER OR PHYSICIAN OF THE PROGRAM
 AS SOON AS SUCH PERSON IS RECEIVED INTO  THE  COMPREHENSIVE  PSYCHIATRIC
 EMERGENCY  PROGRAM.  AFTER  RECEIVING TRIAGE AND REFERRAL SERVICES, SUCH
 PERSON SHALL BE APPROPRIATELY TREATED AND DISCHARGED,  OR  REFERRED  FOR
 FURTHER  CRISIS  INTERVENTION  SERVICES  INCLUDING  AN  EXAMINATION BY A
 PHYSICIAN AS DESCRIBED IN SUBDIVISION (B) OF THIS SECTION.
   (b)  The  director  shall  cause  examination  of  such  persons   NOT
 DISCHARGED  AFTER  THE  PROVISION  OF TRIAGE AND REFERRAL SERVICES to be
 initiated by a staff physician of the program as soon as practicable and
 in any event within six hours after the  person  is  received  into  the
 program's  emergency  room. Such person may be retained for observation,
 care and treatment and further examination for up to  twenty-four  hours
 if,  at  the  conclusion  of such examination, such physician determines
 that such person may have a mental illness for which immediate  observa-
 tion,  care  and  treatment  in  a  comprehensive  psychiatric emergency
 program is appropriate, and which is likely to result in serious harm to
 the person or others.
   (e) If at any time within the seventy-two [hour period  it  is  deter-
 mined  that] HOURS AFTER such person IS ADMITTED TO AN EXTENDED OBSERVA-
 TION BED AND continues to require immediate observation, care and treat-
 ment in accordance with this section and THE NEED FOR such [requirement]
 CARE is likely to continue beyond [the  seventy-two  hour  period]  SUCH
 TIME  PERIOD, such person shall be removed within a reasonable period of
 time to  an  appropriate  hospital  authorized  to  receive  and  retain

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 patients  pursuant to section 9.39 of this article and such person shall
 be evaluated for admission and, if appropriate,  shall  be  admitted  to
 such  hospital  in  accordance with section 9.39 of this article, except
 that  if  the  person  is  admitted, the fifteen day retention period of
 subdivision (b) of section 9.39 of this article shall be calculated from
 the time such person was initially [registered] RECEIVED into the  emer-
 gency  room  of  the  comprehensive  psychiatric  emergency program. Any
 person removed to a hospital pursuant to this paragraph shall be removed
 without regard to the provisions of section 29.11 or 29.15 of this chap-
 ter and shall not be considered to have been transferred  or  discharged
 to another hospital.
   (f)  Nothing  in this section shall preclude the involuntary admission
 of a person to an appropriate hospital pursuant  to  the  provisions  of
 this  article  if  at  any time during the [seventy-two] NINETY-SIX hour
 period it is determined that the person is in need of  involuntary  care
 and treatment in a hospital and the person does not agree to be admitted
 to  a hospital as a voluntary or informal patient. Efforts shall be made
 to assure that any arrangements for such involuntary  admissions  in  an
 appropriate hospital shall be made within a reasonable period of time.
   (h)  All  time  periods referenced in this section shall be calculated
 from the time such person is initially [registered]  RECEIVED  into  the
 emergency room of the comprehensive psychiatric emergency program.
   §  3.  Paragraphs 2 and 5 of subdivision (a), paragraph 1 and subpara-
 graph (ii) of paragraph 2 of subdivision (b) of  section  31.27  of  the
 mental  hygiene  law, paragraph 2 of subdivision (a) as added by chapter
 723 of the laws of 1989, paragraph 5 of subdivision (a)  as  amended  by
 section  1 and paragraph 1 of subdivision (b) as amended by section 2 of
 part M of chapter 57 of the laws of 2006 and subparagraph (ii) of  para-
 graph  2 of subdivision (b) as amended by section 2 of part E of chapter
 111 of the laws of 2010, are amended and a new paragraph 12 is added  to
 subdivision (a) to read as follows:
   (2) "Crisis   intervention  services"  means  [psychiatric  emergency]
 services provided in an emergency room located within a  general  hospi-
 tal,  which shall include BUT NOT BE LIMITED TO: psychiatric and medical
 evaluations and assessments; prescription or adjustment  of  medication,
 counseling,  and  other  stabilization or treatment services intended to
 reduce symptoms of mental illness[; extended observation beds; and other
 on-site psychiatric emergency services] WHEN APPROPRIATE.
   (5) "Extended observation bed" means an inpatient bed which is  in  or
 adjacent  to  an  emergency  room  located  within a general hospital OR
 SATELLITE FACILITY APPROVED BY THE COMMISSIONER, designed to  provide  a
 safe  environment for an individual who, in the opinion of the examining
 physician, requires extensive evaluation, assessment,  or  stabilization
 of  the person's acute psychiatric symptoms, except that, if the commis-
 sioner determines that the program can provide for the privacy and safe-
 ty of all patients receiving services in  a  hospital,  he  or  she  may
 approve the location of one or more such beds within another unit of the
 hospital.
   (12) "SATELLITE FACILITY" MEANS A MEDICAL FACILITY PROVIDING PSYCHIAT-
 RIC  EMERGENCY SERVICES THAT IS MANAGED AND OPERATED BY A GENERAL HOSPI-
 TAL WHO HOLDS A VALID OPERATING CERTIFICATE FOR A COMPREHENSIVE  PSYCHI-
 ATRIC  EMERGENCY  PROGRAM AND IS LOCATED AWAY FROM THE CENTRAL CAMPUS OF
 THE GENERAL HOSPITAL.
   (1) The  commissioner  may  license  the  operation  of  comprehensive
 psychiatric  emergency  programs by general hospitals which are operated
 by state or local governments or voluntary agencies.  The  provision  of

 S. 7507--A                         154                        A. 9507--A
 
 such  services  in  general  hospitals  may be located either within the
 state or, with the approval of the commissioner and the director of  the
 budget  and  to  the  extent consistent with state and federal law, in a
 contiguous  state.  The commissioner is further authorized to enter into
 interstate agreements for the purpose of facilitating the development of
 programs which  provide  services  in  another  state.  A  comprehensive
 psychiatric emergency program shall serve as a primary psychiatric emer-
 gency  service  provider  within a defined catchment area for persons in
 need of psychiatric emergency services  including  persons  who  require
 immediate  observation,  care  and  treatment in accordance with section
 9.40 of this chapter. Each comprehensive psychiatric  emergency  program
 shall  provide  or  contract  to  provide psychiatric emergency services
 twenty-four hours per day, seven days per week, including but not limit-
 ed to: crisis intervention services, crisis outreach  services,  [crisis
 residence  services,] extended observation beds, and triage and referral
 services.
   (ii) a description of the program's  psychiatric  emergency  services,
 including  BUT  NOT  LIMITED  TO  crisis  intervention  services, crisis
 outreach services, [crisis  residence  services,]  extended  observation
 beds, and triage and referral services, whether or not provided directly
 or through agreement with other providers of services;
   §  4.  Paragraphs  4  and 8 of subdivision (a), and subdivision (i) of
 section 31.27 of the mental hygiene law are REPEALED.
   § 5. This act shall take effect immediately and  shall  be  deemed  to
 have  been in full force and effect on and after April 1, 2020; provided
 however that:
   (a) sections two through four of this act shall take effect on the one
 hundred eightieth day after it shall have become a law;
   (b) the amendments to section 19 of chapter 723 of the  laws  of  1989
 amending the mental hygiene law and other laws relating to comprehensive
 psychiatric emergency programs made by section one of this act shall not
 affect  the  repeal  of such section and shall be deemed repealed there-
 with;
   (c) the amendments to section 9.40 of the mental hygiene law  made  by
 section  two of this act shall not affect the repeal of such section and
 shall be deemed repealed therewith; and
   (d) the amendments to section 31.27 of the mental hygiene law made  by
 section  three  of  this act shall not affect the repeal of such section
 and shall be deemed repealed therewith.
 
                                  PART Z
 
   Section 1. The insurance law is amended by adding a new section 344 to
 read as follows:
   § 344. MENTAL HEALTH AND  SUBSTANCE  USE  DISORDER  PARITY  COMPLIANCE
 PROGRAMS.  (A)  PURSUANT  TO THE PAUL WELLSTONE AND PETE DOMENICI MENTAL
 HEALTH PARITY AND ADDICTION EQUITY ACT OF 2008 (29 U.S.C. §  1185A)  AND
 THE  REQUIREMENT  TO  PROVIDE  MENTAL  HEALTH AND SUBSTANCE USE DISORDER
 COVERAGE THAT IS COMPARABLE TO MEDICAL AND SURGICAL SERVICES  AS  REFER-
 ENCED IN SECTIONS THREE THOUSAND TWO HUNDRED SIXTEEN, THREE THOUSAND TWO
 HUNDRED  TWENTY-ONE  AND FOUR THOUSAND THREE HUNDRED THREE OF THIS CHAP-
 TER, THE SUPERINTENDENT AND THE COMMISSIONER OF HEALTH, IN  CONSULTATION
 WITH THE COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS AND THE COMMIS-
 SIONER  OF  MENTAL HEALTH, SHALL PROMULGATE REGULATIONS PRIOR TO OCTOBER
 FIRST, TWO THOUSAND TWENTY TO ESTABLISH MENTAL HEALTH AND SUBSTANCE  USE
 DISORDER  PARITY  COMPLIANCE  PROGRAM  REQUIREMENTS.    SUCH REGULATIONS

 S. 7507--A                         155                        A. 9507--A
 
 SHALL, AT A MINIMUM, SET FORTH REQUIREMENTS FOR POLICIES AND  PROCEDURES
 FOR  COMPLIANCE,  IMPERMISSIBLE PRACTICES, REQUIREMENTS FOR TRAINING AND
 EDUCATION PROGRAMS, PUBLIC NOTIFICATION AND REMEDIATION REQUIREMENTS AND
 METHODS  FOR  DESIGNATING  AN EMPLOYEE OF THE INSURER WHO IS RESPONSIBLE
 FOR ENSURING PARITY COMPLIANCE CONSISTENT WITH THIS CHAPTER AND  FEDERAL
 REQUIREMENTS.
   (B)  PENALTIES  COLLECTED FOR VIOLATIONS OF SECTION THREE THOUSAND TWO
 HUNDRED SIXTEEN, THREE THOUSAND TWO HUNDRED TWENTY-ONE AND FOUR THOUSAND
 THREE HUNDRED THREE OF THE INSURANCE LAW PRIOR  TO  OCTOBER  FIRST,  TWO
 THOUSAND  TWENTY  SHALL  BE  DEPOSITED  INTO THE GENERAL FUND. PENALTIES
 COLLECTED ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY FOR  VIOLATIONS
 OF  SECTION  THREE  THOUSAND  TWO  HUNDRED  SIXTEEN,  THREE THOUSAND TWO
 HUNDRED TWENTY-ONE AND FOUR THOUSAND THREE HUNDRED THREE OF  THE  INSUR-
 ANCE  LAW  RELATED  TO  MENTAL  HEALTH AND SUBSTANCE USE DISORDER PARITY
 COMPLIANCE AND VIOLATIONS OF REGULATIONS PROMULGATED  PURSUANT  TO  THIS
 SECTION  SHALL  BE  DEPOSITED  IN A FUND ESTABLISHED PURSUANT TO SECTION
 NINETY-NINE-HH OF THE STATE FINANCE LAW.
   § 2. The state finance law is amended by adding a new section 99-hh to
 read as follows:
   § 99-HH. BEHAVIORAL HEALTH PARITY COMPLIANCE FUND. 1. THERE IS  HEREBY
 ESTABLISHED  IN  THE CUSTODY OF THE STATE COMPTROLLER AND THE DEPARTMENT
 OF TAXATION AND FINANCE A SPECIAL FUND TO BE  KNOWN  AS  THE  BEHAVIORAL
 HEALTH PARITY COMPLIANCE FUND.
   2.  MONEYS  IN  THE  BEHAVIORAL HEALTH PARITY COMPLIANCE FUND SHALL BE
 KEPT SEPARATE FROM AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS  IN
 THE  CUSTODY  OF  THE  COMPTROLLER  OR  THE COMMISSIONER OF TAXATION AND
 FINANCE.  PROVIDED, HOWEVER THAT ANY MONEYS OF THE FUND NOT REQUIRED FOR
 IMMEDIATE USE MAY, AT THE DISCRETION OF THE COMPTROLLER, IN CONSULTATION
 WITH THE DIRECTOR OF THE BUDGET, BE INVESTED BY THE COMPTROLLER IN OBLI-
 GATIONS OF THE UNITED STATES OR THE STATE.  THE  PROCEEDS  OF  ANY  SUCH
 INVESTMENT  SHALL  BE  RETAINED  BY  THE  FUND  AS ASSETS TO BE USED FOR
 PURPOSES OF THIS FUND.
   3. SUCH FUND SHALL CONSIST OF ALL  MONEYS  REQUIRED  TO  BE  DEPOSITED
 THERETO  PURSUANT  TO  SECTION THREE HUNDRED FORTY-FOUR OF THE INSURANCE
 LAW, SECTION FORTY-FOUR HUNDRED FOURTEEN OF THE PUBLIC HEALTH LAW OR ANY
 OTHER PROVISION OF LAW, MONETARY GRANTS, GIFTS OR BEQUESTS  RECEIVED  BY
 THE STATE, AND ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY
 OTHER FUND OR SOURCE.
   4.  MONEYS OF THE FUND SHALL ONLY BE EXPENDED FOR INITIATIVES SUPPORT-
 ING PARITY  IMPLEMENTATION  AND  ENFORCEMENT  ON  BEHALF  OF  CONSUMERS,
 INCLUDING THE BEHAVIORAL HEALTH OMBUDSMAN PROGRAM.
   §  3.  Section 4414 of the public health law, as added by chapter 2 of
 the laws of 1998, and as further amended by section 104  of  part  A  of
 chapter 62 of the laws of 2011, is amended to read as follows:
   §  4414.  Health  care  compliance  programs.  1.  The commissioner of
 health,  after  consultation  with  the  superintendent   of   financial
 services,  shall  by  regulation  establish  standards  and criteria for
 compliance programs to be implemented by persons providing  coverage  or
 coverage  and service pursuant to any public or governmentally-sponsored
 or supported plan for health care coverage or services. Such regulations
 shall include provisions for the design and implementation  of  programs
 or  processes  to  prevent,  detect  and  address instances of fraud and
 abuse. Such regulations shall take into account the nature of the  enti-
 ty's  business and the size of its enrolled population. The commissioner
 of health and the superintendent  of  financial  services  shall  accept
 programs and processes implemented pursuant to section four hundred nine

 S. 7507--A                         156                        A. 9507--A
 
 of  the  insurance law as satisfying the obligations of this section and
 the regulations promulgated thereunder when such programs and  processes
 incorporate the objectives contemplated by this section.
   2.  (A) PURSUANT TO THE PAUL WELLSTONE AND PETE DOMENICI MENTAL HEALTH
 PARITY AND ADDICTION EQUITY ACT OF 2008 (29  U.S.C.  §  1185A)  AND  THE
 REQUIREMENT TO PROVIDE MENTAL HEALTH AND SUBSTANCE USE DISORDER COVERAGE
 THAT  IS  COMPARABLE  TO  MEDICAL AND SURGICAL SERVICES AS REFERENCED IN
 SECTION FOUR THOUSAND THREE HUNDRED THREE  OF  THE  INSURANCE  LAW,  THE
 COMMISSIONER  AND THE SUPERINTENDENT OF FINANCIAL SERVICES, IN CONSULTA-
 TION WITH THE COMMISSIONER OF ADDICTION SERVICES AND  SUPPORTS  AND  THE
 COMMISSIONER  OF  MENTAL  HEALTH,  SHALL PROMULGATE REGULATIONS PRIOR TO
 OCTOBER FIRST, TWO  THOUSAND  TWENTY  TO  ESTABLISH  MENTAL  HEALTH  AND
 SUBSTANCE  USE  DISORDER  PARITY  COMPLIANCE  PROGRAM REQUIREMENTS. SUCH
 REGULATIONS SHALL, AT A MINIMUM, SET FORTH REQUIREMENTS FOR POLICIES AND
 PROCEDURES FOR COMPLIANCE,  IMPERMISSIBLE  PRACTICES,  REQUIREMENTS  FOR
 TRAINING  AND  EDUCATION  PROGRAMS,  PUBLIC NOTIFICATION AND REMEDIATION
 REQUIREMENTS AND METHODS FOR DESIGNATING AN EMPLOYEE OF THE HEALTH MAIN-
 TENANCE ORGANIZATION WHO IS RESPONSIBLE FOR ENSURING  PARITY  COMPLIANCE
 CONSISTENT WITH THIS CHAPTER AND FEDERAL REQUIREMENTS.
   (B)  NOTWITHSTANDING  ANY PROVISIONS OF SECTION TWELVE OF THIS CHAPTER
 TO THE CONTRARY, PENALTIES COLLECTED FROM ANY HEALTH MAINTENANCE  ORGAN-
 IZATION CERTIFIED PURSUANT TO THIS ARTICLE RESULTING FROM A VIOLATION OF
 THE  HEALTH  MAINTENANCE  ORGANIZATION'S MENTAL HEALTH AND SUBSTANCE USE
 DISORDER PARITY COMPLIANCE PROGRAM SHALL BE DEPOSITED  INTO  THE  BEHAV-
 IORAL  HEALTH  PARITY COMPLIANCE FUND AS ESTABLISHED PURSUANT TO SECTION
 NINETY-NINE-HH OF THE STATE FINANCE LAW.
   § 4. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2020.
 
                                  PART AA
 
   Section  1.  Subparagraph  (iv)  of  paragraph  c  of subdivision 3 of
 section 492 of the social services law, as added by section 1 of part  B
 of chapter 501 of the laws of 2012, is amended to read as follows:
   (iv)  WHEN  DETERMINED TO BE RELEVANT TO AN INVESTIGATION, contact the
 statewide central register of child abuse and maltreatment to  determine
 whether  the  subject of the report has been or is currently the subject
 of an indicated child abuse and maltreatment report  on  file  with  the
 statewide central register of child abuse and maltreatment;
   § 2. This act shall take effect immediately.
 
                                  PART BB

   Section  1. Subdivision (a) of section 16.03 of the mental hygiene law
 is amended by adding a new paragraph 5 to read as follows:
   (5) THE PROVISION OF  SERVICES  APPROVED  IN  A  MEDICAID  STATE  PLAN
 AUTHORIZED  PURSUANT  TO  SECTION  NINETEEN  HUNDRED  TWO OF THE FEDERAL
 SOCIAL SECURITY ACT, INCLUDING OPTIONAL STATE PLAN  SERVICES  AUTHORIZED
 PURSUANT  TO  SUBDIVISION (G) OF SECTION NINETEEN HUNDRED FIFTEEN OF THE
 FEDERAL SOCIAL SECURITY ACT,  AND  DESIGNATED  BY  THE  COMMISSIONER  OF
 HEALTH, IN CONSULTATION WITH THE COMMISSIONER, AS BEING FOR PERSONS WITH
 DEVELOPMENTAL DISABILITIES.
   §  2.  Subdivision  (d) of section 16.03 of the mental hygiene law, as
 added by chapter 786 of the laws of 1983, is amended to read as follows:
   (d) The operation of a facility OR PROVISION OF SERVICES for which  an
 operating  certificate  is required pursuant to this article shall be in

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 accordance with the terms of the operating  certificate  and  the  regu-
 lations of the commissioner.
   §  3.  Subdivision  (a)  of section 16.11 of the mental hygiene law is
 amended by adding a new paragraph 3 to read as follows:
   (3) THE REVIEW OF PROVIDERS OF SERVICES, AS DEFINED IN PARAGRAPH  FIVE
 OF  SUBDIVISION  (A) OF SECTION 16.03 OF THIS ARTICLE, SHALL ENSURE THAT
 THE PROVIDER OF SERVICES COMPLIES  WITH  ALL  THE  REQUIREMENTS  OF  THE
 APPLICABLE  FEDERAL REGULATIONS AND RULES AND THE REGULATIONS ADOPTED BY
 THE COMMISSIONER.
   § 4. Paragraph (a) of subdivision 4  of  section  488  of  the  social
 services  law,  as  amended by section 2 of part MM of chapter 58 of the
 laws of 2015, is amended to read as follows:
   (a) a facility or program in which services are provided and which  is
 operated,  licensed  or  certified  by  the office of mental health, the
 office for people with  developmental  disabilities  or  the  office  of
 [alcoholism   and  substance  abuse  services]  ADDICTION  SERVICES  AND
 SUPPORTS, including but not limited to  psychiatric  centers,  inpatient
 psychiatric units of a general hospital, developmental centers, interme-
 diate care facilities, community residences, group homes and family care
 homes,  provided,  however,  that  such  term shall not include a secure
 treatment facility as defined in section 10.03  of  the  mental  hygiene
 law,  services  defined  in  [subparagraph]  PARAGRAPHS four AND FIVE of
 subdivision (a) of section 16.03 of the mental hygiene law, or  services
 provided  in  programs  or facilities that are operated by the office of
 mental health and located in state  correctional  facilities  under  the
 jurisdiction of the department of corrections and community supervision;
   §  5.  Subdivision  6  of  section  2899  of the public health law, as
 amended by section 3 of part C of chapter 57 of the  laws  of  2018,  is
 amended to read as follows:
   6.  "Provider"  shall  mean:  (a) any residential health care facility
 licensed under article twenty-eight of this chapter;  or  any  certified
 home health agency, licensed home care services agency or long term home
 health  care program certified under article thirty-six of this chapter;
 any hospice program certified pursuant to article forty of this chapter;
 or any adult home, enriched housing  program  or  residence  for  adults
 licensed under article seven of the social services law; or (b) a health
 home, or any subcontractor of such health home, who contracts with or is
 approved  or  otherwise  authorized  by the department to provide health
 home services, INCLUDING [to all those enrolled pursuant to a  diagnosis
 of  a  developmental  disability as defined in subdivision twenty-two of
 section 1.03 of the mental hygiene law  and]  enrollees  who  are  under
 twenty-one years of age, under section three hundred sixty-five-l of the
 social  services  law, EXCEPT FOR A HEALTH HOME, OR ANY SUBCONTRACTOR OF
 SUCH HEALTH HOME, WHO CONTRACTS WITH OR IS APPROVED OR OTHERWISE AUTHOR-
 IZED BY THE DEPARTMENT TO PROVIDE HEALTH  HOME  SERVICES  TO  ALL  THOSE
 ENROLLED  PURSUANT  TO  A  DIAGNOSIS  OF  A  DEVELOPMENTAL DISABILITY AS
 DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL  HYGIENE
 LAW;  or  any  entity that provides home and community based services to
 enrollees who are under twenty-one years of age  under  a  demonstration
 program pursuant to section eleven hundred fifteen of the federal social
 security act.
   §  6.  Paragraph  (b) of subdivision 9 of section 2899-a of the public
 health law, as amended by section 4 of part C of chapter 57 of the  laws
 of 2018, is amended to read as follows:
   (b)  Residential  health  care facilities licensed pursuant to article
 twenty-eight of this chapter and certified home health care agencies and

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 long-term home health care programs certified or  approved  pursuant  to
 article  thirty-six of this chapter or a health home, or any subcontrac-
 tor of such health home, who contracts with or is approved or  otherwise
 authorized  by the department to provide health home services, INCLUDING
 [to all those enrolled pursuant to a diagnosis of a developmental  disa-
 bility  as  defined  in  subdivision  twenty-two  of section 1.03 of the
 mental hygiene law and] enrollees who are under twenty-one years of age,
 under section three hundred sixty-five-l of  the  social  services  law,
 EXCEPT  FOR A HEALTH HOME, OR ANY SUBCONTRACTOR OF SUCH HEALTH HOME, WHO
 CONTRACTS WITH OR IS APPROVED OR OTHERWISE AUTHORIZED BY THE  DEPARTMENT
 TO  PROVIDE  HEALTH  HOME  SERVICES  TO ALL THOSE ENROLLED PURSUANT TO A
 DIAGNOSIS OF A DEVELOPMENTAL DISABILITY AS DEFINED IN SUBDIVISION  TWEN-
 TY-TWO  OF  SECTION  1.03  OF THE MENTAL HYGIENE LAW; or any entity that
 provides home and community based services to enrollees  who  are  under
 twenty-one  years  of  age  under  a  demonstration  program pursuant to
 section eleven hundred fifteen of the federal social security act,  may,
 subject to the availability of federal financial participation, claim as
 reimbursable  costs under the medical assistance program, costs reflect-
 ing the fee established pursuant to law  by  the  division  of  criminal
 justice  services  for  processing a criminal history information check,
 the fee imposed by the federal bureau of investigation  for  a  national
 criminal  history check, and costs associated with obtaining the finger-
 prints, provided, however, that for the purposes of determining rates of
 payment pursuant to article twenty-eight of this chapter for residential
 health care facilities,  such  reimbursable  fees  and  costs  shall  be
 reflected  as  timely as practicable in such rates within the applicable
 rate period.
   § 7. Subdivision 10 of section 2899-a of the  public  health  law,  as
 amended  by  section  1 of part EE of chapter 57 of the laws of 2019, is
 amended to read as follows:
   10.  Notwithstanding  subdivision  eleven  of  section  eight  hundred
 forty-five-b  of  the  executive  law,  a  certified home health agency,
 licensed home care services agency or long term home health care program
 certified, licensed or approved under article thirty-six of this chapter
 or a home care services agency exempt from  certification  or  licensure
 under  article thirty-six of this chapter, a hospice program under arti-
 cle forty of this chapter, or an adult home, enriched housing program or
 residence for adults licensed under article seven of the social services
 law, or a health home, or any subcontractor of  such  health  home,  who
 contracts  with or is approved or otherwise authorized by the department
 to provide health home services, INCLUDING [to  all  enrollees  enrolled
 pursuant  to  a  diagnosis  of  a developmental disability as defined in
 subdivision twenty-two of section 1.03 of the mental  hygiene  law  and]
 enrollees  who  are  under  twenty-one years of age, under section three
 hundred sixty-five-l of the social services law,  EXCEPT  FOR  A  HEALTH
 HOME, OR ANY SUBCONTRACTOR OF SUCH HEALTH HOME, WHO CONTRACTS WITH OR IS
 APPROVED  OR  OTHERWISE  AUTHORIZED  BY THE DEPARTMENT TO PROVIDE HEALTH
 HOME SERVICES TO ALL THOSE ENROLLED PURSUANT TO A DIAGNOSIS OF A  DEVEL-
 OPMENTAL DISABILITY AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03
 OF THE MENTAL HYGIENE LAW; or any entity that provides home and communi-
 ty  based  services  to  enrollees who are under twenty-one years of age
 under a demonstration program pursuant to section eleven hundred fifteen
 of the federal social security act may temporarily approve a prospective
 employee while the results of the criminal history information check and
 the determination are pending, upon  the  condition  that  the  provider
 conducts  appropriate direct observation and evaluation of the temporary

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 employee, while he or she is temporarily employed, and the care  recipi-
 ent;  provided, however, that for a health home, or any subcontractor of
 a health home, who contracts with or is approved or otherwise authorized
 by  the  department  to  provide health home services, INCLUDING [to all
 enrollees enrolled pursuant to a diagnosis of  developmental  disability
 as  defined  in  subdivision  twenty-two  of  section 1.03 of the mental
 hygiene law and] enrollees who are under twenty-one years of age,  under
 section  three  hundred  sixty-five-l of the social services law, EXCEPT
 FOR A HEALTH HOME,  OR  ANY  SUBCONTRACTOR  OF  SUCH  HEALTH  HOME,  WHO
 CONTRACTS  WITH OR IS APPROVED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT
 TO PROVIDE HEALTH HOME SERVICES TO ALL  THOSE  ENROLLED  PURSUANT  TO  A
 DIAGNOSIS  OF A DEVELOPMENTAL DISABILITY AS DEFINED IN SUBDIVISION TWEN-
 TY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE LAW;  or  any  entity  that
 provides  home  and  community based services to enrollees who are under
 twenty-one years of  age  under  a  demonstration  program  pursuant  to
 section  eleven  hundred  fifteen  of  the  federal social security act,
 direct observation and evaluation of temporary employees  shall  not  be
 required  until  July  first, two thousand nineteen. The results of such
 observations shall be documented in the temporary  employee's  personnel
 file and shall be maintained. For purposes of providing such appropriate
 direct  observation  and evaluation, the provider shall utilize an indi-
 vidual employed by such provider with a minimum of one year's experience
 working in an agency certified, licensed or approved under article thir-
 ty-six of this chapter or an adult home,  enriched  housing  program  or
 residence for adults licensed under article seven of the social services
 law,  a  health  home,  or  any  subcontractor  of such health home, who
 contracts with or is approved or otherwise authorized by the  department
 to  provide  health home services, INCLUDING [to those enrolled pursuant
 to a diagnosis of a developmental disability as defined  in  subdivision
 twenty-two  of section 1.03 of the mental hygiene law and] enrollees who
 are under twenty-one years of age, under section  three  hundred  sixty-
 five-l  of  the  social  services  law, EXCEPT FOR A HEALTH HOME, OR ANY
 SUBCONTRACTOR OF SUCH HEALTH HOME, WHO CONTRACTS WITH OR IS APPROVED  OR
 OTHERWISE  AUTHORIZED  BY THE DEPARTMENT TO PROVIDE HEALTH HOME SERVICES
 TO ALL THOSE ENROLLED PURSUANT TO A DIAGNOSIS OF A  DEVELOPMENTAL  DISA-
 BILITY  AS  DEFINED  IN  SUBDIVISION  TWENTY-TWO  OF SECTION 1.03 OF THE
 MENTAL HYGIENE LAW; or any entity that provides home and community based
 services to enrollees who are under twenty-one  years  of  age  under  a
 demonstration  program pursuant to section eleven hundred fifteen of the
 federal social security act. If the temporary employee is working  under
 contract  with  another  provider  certified, licensed or approved under
 article thirty-six of this chapter, such contract provider's appropriate
 direct observation and evaluation of the temporary  employee,  shall  be
 considered  sufficient  for the purposes of complying with this subdivi-
 sion.
   § 8. This act shall take effect on the ninetieth day  after  it  shall
 have become a law; provided, however, that the amendments to subdivision
 6  of section 2899 of the public health law made by section five of this
 act shall not affect the expiration of such  subdivision  and  shall  be
 deemed to expire therewith.
 
                                  PART CC
 
   Section  1.  Subdivision 1 of section 356 of the public health law, as
 amended by chapter 163 of the laws  of  1975,  is  amended  to  read  as
 follows:

 S. 7507--A                         160                        A. 9507--A
 
   1.  The  legislative  body  of each county having a population of less
 than one hundred fifty thousand according to the nineteen hundred seven-
 ty federal decennial census or the legislative body of any county  whose
 population  shall  be  less  than  one  hundred fifty thousand under any
 future  federal  decennial  census, except a county in which a county or
 part-county health district has been established under this article or a
 county having a county charter, optional or alternative form of  govern-
 ment, shall constitute the board of health of such county and shall have
 all the powers and duties of a board of health of a county or part-coun-
 ty  health  district including the power to appoint a full-time or part-
 time county health director.  The county health director  may  serve  as
 director  of  the [physically handicapped children's] CHILDREN AND YOUTH
 WITH SPECIAL HEALTH CARE NEEDS SUPPORT SERVICES program and  may  employ
 such  persons  as  shall  be necessary to enable [him] THE COUNTY HEALTH
 DIRECTOR to carry into effect the orders and regulations of the board of
 health and the provisions of this chapter and of the sanitary code,  and
 fix  their compensation within the limits of the appropriation therefor.
 The members of a [legsiative] LEGISLATIVE body shall not  receive  addi-
 tional  compensation  by  reason  of  serving  as  members of a board of
 health. The county health director, so appointed,  shall  have  all  the
 powers  and duties prescribed in section three hundred fifty-two of this
 [article] TITLE.
   § 2. The section heading and subdivisions 1 and 2 of  section  608  of
 the  public health law, as added by chapter 901 of the laws of 1986, are
 amended to read as follows:
   State aid; [physically handicapped children] CHILDREN AND  YOUTH  WITH
 SPECIAL HEALTH CARE NEEDS SUPPORT SERVICES.  1. Whenever the commission-
 er of health of any county or part-county health district or, in a coun-
 ty lacking a county or part-county health district, the medical director
 of  the  [physically  handicapped  children's]  CHILDREN  AND YOUTH WITH
 SPECIAL HEALTH CARE NEEDS SUPPORT SERVICES program, or the department of
 health of the city of New York,  issues  an  authorization  for  medical
 service for a [physically handicapped] child WITH PHYSICAL DISABILITIES,
 such  county  or  the  city of New York shall be granted state aid in an
 amount of fifty per centum of the amount expended in accordance with the
 rules and regulations established by the commissioner, except that  such
 state  aid  reimbursement  may be withheld if, on post-audit and review,
 the commissioner finds that the medical service rendered  and  furnished
 was  not  in  conformance  with a plan submitted by the municipality and
 with the rules and regulations established by the commissioner  or  that
 the  recipient of the medical service was not a [physically handicapped]
 child WITH A PHYSICAL DISABILITY as defined in section two thousand five
 hundred eighty-one of this chapter.
   2. Whenever a court of any county issues an order for medical services
 for  any  [physically  handicapped]  Indian  child   WITH   A   PHYSICAL
 DISABILITY,  residing  on  an  Indian  reservation, such county shall be
 granted state aid in the amount of one hundred  percent  of  the  amount
 expended in accordance with the standards established by the commission-
 er.  Such reimbursement shall be made from any funds appropriated to the
 department for payment of state aid for [care of physically handicapped]
 children WITH PHYSICAL DISABILITIES.
   § 3. Subdivision 10 of section 2511  of  the  public  health  law,  as
 amended by chapter 2 of the laws of 1998, is amended to read as follows:
   10.  Notwithstanding  any  other law or agreement to the contrary, and
 except in the case of a child or children who also becomes eligible  for
 medical  assistance,  benefits  under  this  title  shall  be considered

 S. 7507--A                         161                        A. 9507--A
 
 secondary to any other plan of insurance or benefit program, except  the
 [physically  handicapped  children's]  CHILDREN  AND  YOUTH WITH SPECIAL
 HEALTH CARE NEEDS SUPPORT SERVICES program and  the  early  intervention
 program, under which an eligible child may have coverage.
   § 4. This act shall take effect immediately.
 
                                  PART DD
 
   Section  1.  Subdivision a of section 13 of chapter 554 of the laws of
 2013, amending the education law and  other  laws  relating  to  applied
 behavior  analysis,  as  amended  by  chapter  8 of the laws of 2014, is
 amended to read as follows:
   a. Nothing in this act shall be  construed  as  prohibiting  a  person
 employed   or   retained  by  programs  licensed,  certified,  operated,
 approved, registered or funded and regulated by the  office  for  people
 with  developmental  disabilities,  the  office  of  children and family
 services, or the office of mental health from performing the duties of a
 licensed behavior analyst or a certified behavior analyst  assistant  in
 the course of such employment or retention; provided, however, that this
 section  shall not authorize the use of any title authorized pursuant to
 article 167 of the education law; and provided  further,  however,  that
 this section shall be deemed repealed on July 1, [2020] 2025.
   § 2. This act shall take effect immediately.
 
                                  PART EE
 
   Section  1.  Paragraph  (e)  of  subdivision 7 of section 367-a of the
 social services law, as amended by section 5-a of part T of  chapter  57
 of the laws of 2018, is amended to read as follows:
   (e)  During  the period from April first, two thousand fifteen through
 March thirty-first, two thousand [twenty] TWENTY-THREE, the commissioner
 may, in lieu of a managed care provider, negotiate  directly  and  enter
 into  an  agreement with a pharmaceutical manufacturer for the provision
 of supplemental rebates relating to pharmaceutical utilization by enrol-
 lees of managed care providers pursuant to section three hundred  sixty-
 four-j of this title and may also negotiate directly and enter into such
 an  agreement  relating to pharmaceutical utilization by medical assist-
 ance recipients not so enrolled. Such rebates shall be limited  to  drug
 utilization  in  the  following classes: antiretrovirals approved by the
 FDA for the treatment of HIV/AIDS, OPIOID DEPENDENCE AGENTS  AND  OPIOID
 ANTAGONISTS  LISTED  IN  A  STATEWIDE  FORMULARY ESTABLISHED PURSUANT TO
 SUBPARAGRAPH (VII) OF THIS PARAGRAPH and hepatitis C  agents  for  which
 the  pharmaceutical  manufacturer  has in effect a rebate agreement with
 the federal secretary of health and human services pursuant to 42 U.S.C.
 § 1396r-8, and for which the state  has  established  standard  clinical
 criteria.  No  agreement  entered  into pursuant to this paragraph shall
 have an initial term or be extended beyond the expiration or  repeal  of
 this paragraph.
   (i)  The  manufacturer shall not pay supplemental rebates to a managed
 care provider, or any of a managed care provider's agents, including but
 not limited to any pharmacy benefit manager  on  the  [two]  classes  of
 drugs  subject  to  this  paragraph when the state is collecting supple-
 mental rebates and standard clinical criteria are imposed on the managed
 care provider.
   (ii) The commissioner shall establish adequate rates of  reimbursement
 which  shall take into account both the impact of the commissioner nego-

 S. 7507--A                         162                        A. 9507--A
 
 tiating such rebates and any limitations imposed  on  the  managed  care
 provider's ability to establish clinical criteria relating to the utili-
 zation  of  such  drugs.  In  developing  the  managed  care  provider's
 reimbursement  rate,  the  commissioner  shall  identify  the  amount of
 reimbursement for such drugs as a separate and distinct  component  from
 the reimbursement otherwise made for prescription drugs as prescribed by
 this section.
   (iii)  The  commissioner shall submit a report to the temporary presi-
 dent of the senate and the speaker of the assembly annually by  December
 thirty-first.  The report shall analyze the adequacy of rates to managed
 care providers for drug expenditures related to the classes  under  this
 paragraph.
   (iv) Nothing in this paragraph shall be construed to require a pharma-
 ceutical manufacturer to enter into a supplemental rebate agreement with
 the  commissioner relating to pharmaceutical utilization by enrollees of
 managed care providers pursuant to section three hundred sixty-four-j of
 this title or relating to pharmaceutical utilization by medical  assist-
 ance recipients not so enrolled.
   (v)  All clinical criteria, including requirements for prior approval,
 and all utilization review determinations established by  the  state  as
 described in this paragraph for [either] ANY of the drug classes subject
 to  this  paragraph shall be developed using evidence-based and peer-re-
 viewed clinical review criteria in accordance with article two-A of  the
 public health law, as applicable.
   (vi)  All  prior  authorization  and utilization review determinations
 related to the coverage of any drug subject to this paragraph  shall  be
 subject  to  article  forty-nine of the public health law, section three
 hundred sixty-four-j of this title, and article forty-nine of the insur-
 ance law, as applicable. Nothing in this paragraph  shall  diminish  any
 rights  relating  to  access, prior authorization, or appeal relating to
 any drug class or drug afforded to a recipient under any other provision
 of law.
   (VII) THE DEPARTMENT SHALL PUBLISH A  STATEWIDE  FORMULARY  OF  OPIOID
 DEPENDENCE  AGENTS AND OPIOID ANTAGONISTS, WHICH SHALL INCLUDE ALL DRUGS
 IN SUCH CLASSES, PROVIDED THAT:
   (A) FOR ALL DRUGS THAT ARE INCLUDED AS OF THE DATE OF THE ENACTMENT OF
 THIS SUBPARAGRAPH ON A FORMULARY OF A MANAGED CARE PROVIDER, AS  DEFINED
 IN  SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS TITLE, OR IN THE MEDICAID
 FEE-FOR-SERVICE PREFERRED DRUG PROGRAM PURSUANT TO SECTION  TWO  HUNDRED
 SEVENTY-TWO  OF  THE  PUBLIC  HEALTH LAW, THE COST TO THE DEPARTMENT FOR
 SUCH DRUG IS EQUAL TO OR LESS THAN THE LOWEST COST PAID FOR THE DRUG  BY
 ANY  MANAGED  CARE  PROVIDER  OR BY THE MEDICAID FEE-FOR-SERVICE PROGRAM
 AFTER THE APPLICATION OF ANY REBATES, AS OF THE DATE THAT THE DEPARTMENT
 IMPLEMENTS THE STATEWIDE FORMULARY  ESTABLISHED  BY  THIS  SUBPARAGRAPH.
 WHERE  THERE  IS  A GENERIC VERSION OF THE DRUG APPROVED BY THE FOOD AND
 DRUG ADMINISTRATION AS BIOEQUIVALENT TO A BRAND NAME DRUG PURSUANT TO 21
 U.S.C. § 355(J)(8)(B), THE COST TO THE DEPARTMENT FOR BOTH THE BRAND AND
 GENERIC VERSIONS SHALL BE EQUAL TO OR LESS THAN THE  LOWER  OF  THE  TWO
 MAXIMUM COSTS DETERMINED PURSUANT TO THE PREVIOUS SENTENCE; AND
   (B)  FOR  ALL DRUGS THAT ARE NOT INCLUDED AS OF THE DATE OF THE ENACT-
 MENT OF THIS SUBPARAGRAPH ON A FORMULARY OF A MANAGED CARE PROVIDER,  AS
 DEFINED  IN  SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS TITLE, OR IN THE
 MEDICAID FEE-FOR-SERVICE PREFERRED DRUG PROGRAM PURSUANT TO SECTION  TWO
 HUNDRED  SEVENTY-TWO OF THE PUBLIC HEALTH LAW, THE DEPARTMENT IS ABLE TO
 OBTAIN THE DRUG AT A COST THAT IS EQUAL TO OR LESS THAN THE LOWEST  COST
 TO  THE DEPARTMENT OF OTHER DRUGS IN THE CLASS, AFTER THE APPLICATION OF

 S. 7507--A                         163                        A. 9507--A
 
 ANY REBATES. WHERE THERE IS A GENERIC VERSION OF THE  DRUG  APPROVED  BY
 THE  FOOD  AND DRUG ADMINISTRATION AS BIOEQUIVALENT TO A BRAND NAME DRUG
 PURSUANT TO 21 U.S.C. § 355(J)(8)(B), THE COST  TO  THE  DEPARTMENT  FOR
 BOTH  THE  BRAND AND GENERIC VERSIONS SHALL BE EQUAL TO OR LESS THAN THE
 LOWER OF THE TWO MAXIMUM  COSTS  DETERMINED  PURSUANT  TO  THE  PREVIOUS
 SENTENCE.
   §  2.  Paragraph  (a)  of  subdivision  3 of section 273 of the public
 health law, as added by section 10 of part C of chapter 58 of  the  laws
 of  2005,  is  amended  and  a  new  paragraph (a-1) is added to read as
 follows:
   (a) When a patient's health care provider  prescribes  a  prescription
 drug  that  is not on the preferred drug list OR THE STATEWIDE FORMULARY
 OF OPIOID DEPENDENCE AGENTS AND OPIOID ANTAGONISTS ESTABLISHED  PURSUANT
 TO  SUBPARAGRAPH  (VII) OF PARAGRAPH (E) OF SUBDIVISION SEVEN OF SECTION
 THREE HUNDRED SIXTY-SEVEN-A OF THE SOCIAL SERVICES LAW,  the  prescriber
 shall  consult with the program to confirm that in his or her reasonable
 professional judgment, the patient's clinical  condition  is  consistent
 with  the criteria for approval of the non-preferred drug. Such criteria
 shall include:
   (i) the preferred drug has been tried by the patient and has failed to
 produce the desired health outcomes;
   (ii) the patient has tried the  preferred  drug  and  has  experienced
 unacceptable side effects;
   (iii)  the  patient  has  been  stabilized on a non-preferred drug and
 transition to the preferred drug would be medically contraindicated; or
   (iv) other clinical indications identified by the [committee  for  the
 patient's  use  of the non-preferred drug] DRUG UTILIZATION REVIEW BOARD
 ESTABLISHED PURSUANT TO  SECTION  THREE  HUNDRED  SIXTY-NINE-BB  OF  THE
 SOCIAL  SERVICES  LAW,  which shall include consideration of the medical
 needs of special populations, including children,  elderly,  chronically
 ill,  persons  with  mental  health  conditions, and persons affected by
 HIV/AIDS, PREGNANT PERSONS AND PERSONS WITH AN OPIOID USE DISORDER.
   (A-1) WHEN A PATIENT'S HEALTH CARE PROVIDER PRESCRIBES A  PRESCRIPTION
 DRUG  THAT IS ON THE STATEWIDE FORMULARY OF OPIOID DEPENDENCE AGENTS AND
 OPIOID ANTAGONISTS ESTABLISHED PURSUANT TO SUBPARAGRAPH (VII)  OF  PARA-
 GRAPH (E) OF SUBDIVISION SEVEN OF SECTION THREE HUNDRED SIXTY-SEVEN-A OF
 THE SOCIAL SERVICES LAW, THE DEPARTMENT SHALL NOT REQUIRE PRIOR AUTHORI-
 ZATION  UNLESS  REQUIRED  BY  THE  DEPARTMENT'S  DRUG USE REVIEW PROGRAM
 ESTABLISHED PURSUANT TO SECTION 1927(G) OF THE SOCIAL SECURITY ACT.
   § 3. Section 364-j of the social services law is amended by  adding  a
 new subdivision 38 to read as follows:
   38.   (A)   WHEN   A  PATIENT'S  HEALTH  CARE  PROVIDER  PRESCRIBES  A
 PRESCRIPTION DRUG THAT IS NOT  ON  THE  STATEWIDE  FORMULARY  OF  OPIOID
 DEPENDENCE  AGENTS  AND OPIOID ANTAGONISTS, THE PRESCRIBER SHALL CONSULT
 WITH THE MANAGED CARE PLAN TO CONFIRM THAT  IN  HIS  OR  HER  REASONABLE
 PROFESSIONAL  JUDGMENT,  THE  PATIENT'S CLINICAL CONDITION IS CONSISTENT
 WITH THE CRITERIA FOR APPROVAL OF  THE  NON-PREFERRED  OR  NON-FORMULARY
 DRUG. SUCH CRITERIA SHALL INCLUDE:
   (I) THE PREFERRED DRUG HAS BEEN TRIED BY THE PATIENT AND HAS FAILED TO
 PRODUCE THE DESIRED HEALTH OUTCOMES;
   (II)  THE  PATIENT  HAS  TRIED  THE PREFERRED DRUG AND HAS EXPERIENCED
 UNACCEPTABLE SIDE EFFECTS;
   (III) THE PATIENT HAS BEEN STABILIZED  ON  A  NON-PREFERRED  DRUG  AND
 TRANSITION  TO  THE  PREFERRED  OR  FORMULARY  DRUG  WOULD  BE MEDICALLY
 CONTRAINDICATED; OR

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   (IV) OTHER CLINICAL INDICATIONS IDENTIFIED BY THE  COMMITTEE  FOR  THE
 PATIENT'S  USE  OF THE NON-PREFERRED DRUG, WHICH SHALL INCLUDE CONSIDER-
 ATION OF THE MEDICAL NEEDS OF SPECIAL POPULATIONS,  INCLUDING  CHILDREN,
 ELDERLY, CHRONICALLY ILL, PERSONS WITH MENTAL HEALTH CONDITIONS, PERSONS
 AFFECTED BY HIV/AIDS AND PREGNANT PERSONS WITH A SUBSTANCE USE DISORDER.
   (B)  THE  MANAGED CARE PLAN SHALL HAVE A PROCESS FOR A PATIENT, OR THE
 PATIENT'S PRESCRIBING HEALTH CARE PROVIDER, TO REQUEST A  REVIEW  FOR  A
 PRESCRIPTION  DRUG  THAT  IS  NOT  ON  THE STATEWIDE FORMULARY OF OPIOID
 DEPENDENCE AGENTS AND OPIOID  ANTAGONISTS,  CONSISTENT  WITH  42  C.F.R.
 438.210(D), OR ANY SUCCESSOR REGULATION.
   (C)  A  MANAGED CARE PLAN'S FAILURE TO COMPLY WITH THE REQUIREMENTS OF
 THIS SUBDIVISION SHALL BE SUBJECT TO A  ONE  THOUSAND  DOLLAR  FINE  PER
 VIOLATION.
   §  4.  Subparagraph  (A) of paragraph 7-a of subsection (l) of section
 3221 of the insurance law, as added by chapter 748 of the laws of  2019,
 is amended to read as follows:
   (A)  Every  policy  that  provides  medical,  major medical or similar
 comprehensive-type large group coverage shall provide immediate coverage
 for all buprenorphine products,  methadone  or  long  acting  injectable
 naltrexone without prior authorization for the detoxification or mainte-
 nance  treatment of a substance use disorder.  FURTHER, IMMEDIATE COVER-
 AGE WITHOUT PRIOR AUTHORIZATION SHALL INCLUDE METHADONE, WHEN  USED  FOR
 OPIOID USE DISORDER AND ADMINISTERED OR DISPENSED IN AN OPIOID TREATMENT
 PROGRAM.
   § 5. Section 364-j of the social services law is amended by adding new
 subdivision 26-c to read as follows:
   26-C. MANAGED CARE PROVIDERS SHALL NOT REQUIRE PRIOR AUTHORIZATION FOR
 METHADONE,  WHEN  USED  FOR  OPIOID  USE  DISORDER  AND  ADMINISTERED OR
 DISPENSED IN AN OPIOID TREATMENT PROGRAM.
   § 6. Subdivision 10 of section 273 of the public health law, as  added
 by  section 5 of part B of chapter 69 of the laws of 2016, is amended to
 read as follows:
   10. Prior authorization shall  not  be  required  for  an  initial  or
 renewal  prescription  for  buprenorphine  or  injectable naltrexone for
 detoxification or maintenance treatment of opioid addiction  unless  the
 prescription  is  for a non-preferred or non-formulary form of such drug
 as otherwise required by section 1927(k)(6) of the Social Security  Act.
 FURTHER,  PRIOR  AUTHORIZATION SHALL NOT BE REQUIRED FOR METHADONE, WHEN
 USED FOR OPIOID USE DISORDER AND ADMINISTERED OR DISPENSED IN AN  OPIOID
 TREATMENT PROGRAM.
   §  7.  Subdivision 1 of section 60 of part B of chapter 57 of the laws
 of 2015, amending the social services law and  other  laws  relating  to
 supplemental  rebates, as amended by section 5-b of part T of chapter 57
 of the laws of 2018, is amended to read as follows:
   1. section  one of this act shall expire and be deemed repealed  March
 31, [2023] 2026;
   § 8. Subdivision (c) of section 62 of chapter 165 of the laws of 1991,
 amending  the  public health law and other laws relating to establishing
 payments for medical assistance, as amended by section 16 of part  Z  of
 chapter 57 of the laws of 2018, is amended to read as follows:
   (c)  section  364-j  of the social services law, as amended by section
 eight of this act and subdivision 6  of  section  367-a  of  the  social
 services  law as added by section twelve of this act shall expire and be
 deemed repealed on March 31, [2024] 2026 and provided further, that  the
 amendments to the provisions of section 364-j of the social services law

 S. 7507--A                         165                        A. 9507--A
 
 made  by  section  eight  of  this  act shall only apply to managed care
 programs approved on or after the effective date of this act;
   §  9.  Section  11  of  chapter  710 of the laws of 1988, amending the
 social services law and the education law relating to medical assistance
 eligibility of certain persons and providing for  managed  medical  care
 demonstration programs, as amended by section 18 of part Z of chapter 57
 of the laws of 2018, is amended to read as follows:
   §  11.  This  act  shall  take  effect  immediately;  except  that the
 provisions of sections one, two, three, four, eight and ten of this  act
 shall take effect on the ninetieth day after it shall have become a law;
 and  except  that the provisions of sections five, six and seven of this
 act shall take effect January 1, 1989; and except that  effective  imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary  for  the implementation of this act on its effective date are
 authorized and directed to be made  and  completed  on  or  before  such
 effective  date; provided, however, that the provisions of section 364-j
 of the social services law, as added by section one of  this  act  shall
 expire  and  be  deemed repealed on and after March 31, [2024] 2026, the
 provisions of section 364-k of the social  services  law,  as  added  by
 section  two  of  this act, except subdivision 10 of such section, shall
 expire and be deemed repealed on and after  January  1,  1994,  and  the
 provisions  of  subdivision  10  of section 364-k of the social services
 law, as added by section two of this act, shall  expire  and  be  deemed
 repealed on January 1, 1995.
   § 10. This act shall take effect immediately, provided however, that:
   a.  the  amendments to paragraph (e) of subdivision 7 of section 367-a
 of the social services law made by section one of  this  act  shall  not
 affect  the  repeal of such paragraph and shall be deemed expired there-
 with;
   b. the provisions of section two of this act shall  expire  March  31,
 2026  when upon such date the provisions of such section shall be deemed
 repealed;
   c. the amendments to section 364-j of the social services law made  by
 sections  three and five of this act shall not affect the repeal of such
 section and shall be deemed expired therewith; and
   d. the statewide formulary of  opioid  dependence  agents  and  opioid
 antagonists  authorized  by  this  act  shall  be implemented within six
 months after it shall have 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 EE of this act shall be
 as specifically set forth in the last section of such Parts.