The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 8007                                                  A. 9007
 
                       S E N A T E - A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 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
 
 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

 AN ACT to amend the public health law, in relation to the implementation
   of  the  Nurses  Across New York (NANY) program (Part A); to amend the
   education law, in relation to enacting the interstate  medical  licen-
   sure  compact; and to amend the education law, in relation to enacting
   the nurse licensure compact (Part B); to amend the public  health  law
   and  the  education law, in relation to allowing pharmacists to direct
   limited service laboratories and order waived  tests  and  modernizing
   nurse practitioners and, in relation to regulations for medication-re-
   lated  tasks  provided by certified medical aides; to amend the educa-
   tion law, in relation to allowing for certain individuals to  adminis-
   ter  tests  to determine the presence of SARS-CoV-2 or its antibodies,
   influenza virus or respiratory syncytial virus in certain  situations;
   to amend part D of chapter 56 of the laws of 2014, amending the educa-
   tion  law  relating to enacting the "nurse practitioners modernization
   act", in relation to the effectiveness thereof; and providing for  the
   repeal  of certain provisions upon the expiration thereof (Part C); to
   amend the social services law, in relation to establishing the  health
   care  and  mental hygiene worker bonuses (Part D); to amend the public
   health law, in relation to increasing general public health work  base
   grants  for  both  full-service and partial-service counties and allow
   for local health departments to claim up to fifty percent of personnel
   service costs (Part E); to amend the public health law, in relation to
   the modernization of the emergency medical system (Part F); to  repeal
   articles  governing  healthcare  professions  in the education law and
   adding such laws to the public health law and transferring  all  func-
   tions,  powers,  duties  and obligations relating thereto (Part G); to
   amend part H of chapter 59 of the laws of 2011,  amending  the  public
   health  law  and other laws relating to known and projected department
   of health state fund Medicaid expenditures, in relation to the cap  on
   local  Medicaid  expenditures  (Part  H);  relating  to  provide a one
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD12671-01-2
 S. 8007                             2                            A. 9007
 
   percent across the board payment increase to all  qualifying  fee-for-
   service  Medicaid  rates  (Part I); to amend the public health law, in
   relation to extending the statutory requirement to reweight and rebase
   acute  hospital  rates  (Part  J);  to amend the public health law, in
   relation to the creation of  a  new  statewide  health  care  facility
   transformation  program  (Part  K); to amend the public health law, in
   relation to streamlining and adding criteria  to  the  certificate  of
   need  process (Part L); to amend the public health law, in relation to
   the definition of revenue in the minimum spending statute for  nursing
   homes and the rates of payment and rates of reimbursement for residen-
   tial  health  care  facilities,  and in relation to making a temporary
   payment to facilities in severe financial distress (Part M); to  amend
   the  social services law, in relation to Medicaid eligibility require-
   ments for seniors and disabled  individuals;  and  to  repeal  certain
   provisions  of such law relating thereto (Part N); to amend the social
   services law, in relation to private duty nursing services  reimburse-
   ment  for  nurses servicing adult members; to amend part MM of chapter
   56 of the laws of 2020 directing the department of health to establish
   or procure the services of an independent panel  of  clinical  profes-
   sionals  and  to develop and implement a uniform task-based assessment
   tool, in relation to directing the department  of  health  to  develop
   guidelines  and  standards  for the use of tasking tools; and to amend
   the public health law, in relation to establishing programs of all-in-
   clusive care for the elderly (Part O); to amend  the  social  services
   law  and the public health law, in relation to providing authority for
   the department of health to competitively procure managed care  organ-
   izations and requiring Medicaid managed care organizations, the essen-
   tial  plan and qualified health plans to contract with national cancer
   institute-designated cancer  centers,  where  such  centers  agree  to
   certain  terms and conditions; and to repeal certain provisions of the
   social services law relating thereto (Part P);  to  amend  the  public
   health  law and the social services law, in relation to permitting the
   commissioner of health to submit a waiver that expands eligibility for
   New York's basic health program  and  increases  the  federal  poverty
   limit cap for basic health program eligibility from two hundred to two
   hundred  fifty  percent; to amend the social services law, in relation
   to allowing pregnant individuals to be eligible for the  basic  health
   program and maintain coverage in the basic health program for one year
   post pregnancy and to deem a child born to an individual covered under
   the  basic  health  program to be eligible for medical assistance; and
   providing for the repeal of certain  provisions  upon  the  expiration
   thereof (Part Q); to amend the insurance law, in relation to requiring
   private  insurance plans to cover abortion services without cost-shar-
   ing (Part R); to amend the social services law, in relation to includ-
   ing expanded pre-natal and post-partum care as standard coverage  when
   determined  to  be  necessary  and  the continuance of eligibility for
   pregnant individuals to receive medical assistance  in  certain  situ-
   ations;  and to repeal section 369-hh of the social services law (Part
   S); to amend the public health law, in  relation  to  requiring  third
   trimester  syphilis  testing (Part T); to amend the public health law,
   in relation to expanding benefits in the Child  Health  Plus  Program,
   eliminating the premium contribution for certain households and trans-
   ferring  Child  Health Plus rate setting authority from the Department
   of Financial Services to the Department of Health (Part U);  to  amend
   the public health law and the insurance law, in relation to reimburse-
   ment  for  commercial  and  Medicaid  services provided via telehealth
 S. 8007                             3                            A. 9007
 
   (Part V); to amend the social services law, in relation to eliminating
   unnecessary requirements from the utilization threshold program  (Part
   W);  to  amend  the  public  health law, in relation to redefining the
   duties  and  renaming  the  office of minority health to the office of
   health equity and renaming the minority health council to  the  health
   equity  council  (Part  X);  to  amend  the domestic relations law, in
   relation to marriage certificates (Part Y); 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 the purchase of excess coverage by physicians and dentists
   and  reimbursement  of costs therefor, and to extending the physicians
   medical malpractice program; to amend part J of chapter 63 of the laws
   of 2001 amending chapter 266 of the laws of 1986, amending  the  civil
   practice  law  and  rules  and  other laws relating to malpractice and
   professional medical conduct, relating to the effectiveness of certain
   provisions  of  such  chapter,  in  relation  to   extending   certain
   provisions concerning the hospital excess liability pool; 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 Z); to amend the financial services
   law, the insurance law and the public health law, in relation to clar-
   ifying provisions regarding emergency medical  services  and  surprise
   bills;  and  to repeal certain provisions of such law relating thereto
   (Subpart A); to amend the insurance law and the public health law,  in
   relation to the federal no surprises act (Subpart B); and to amend the
   insurance law and the public health law, in relation to administrative
   simplification  (Subpart C) (Part AA); to amend the public health law,
   in relation to prescriber prevails; and to repeal  certain  provisions
   of   the   social  services  law  relating  to  coverage  for  certain
   prescription drugs (Part BB); to amend the social  services  law,  the
   executive  law  and  the  public  health law, in relation to extending
   various provisions relating to health and  mental  hygiene;  to  amend
   chapter  58 of the laws of 2009, amending the public health law relat-
   ing to payment by governmental agencies for general hospital inpatient
   services, in relation to the effectiveness thereof; to  amend  chapter
   56 of the laws of 2013, amending the public health law relating to the
   general  public  health work program, 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 the effectiveness thereof; to amend chapter
   21 of the laws of 2011, amending the education law relating to author-
   izing  pharmacists  to  perform  collaborative drug therapy management
   with physicians in certain settings, in relation to the  effectiveness
   thereof;  to  amend chapter 54 of the laws of 2016, amending part C of
   chapter 58 of the laws of 2005 relating to authorizing  reimbursements
   for expenditures made by or on behalf of social services districts for
   medical  assistance  for  needy persons and administration thereof, in
   relation to the effectiveness thereof; to amend chapter 56 of the laws
   of 2020, amending the tax law and the social services law relating  to
   certain Medicaid management, in relation to the effectiveness thereof;
   to  amend  chapter  74  of the laws of 2020, relating to directing the
   department of health to convene a work  group  on  rare  diseases,  in
   relation to the effectiveness thereof; and to amend chapter 414 of the
   laws of 2018, creating the radon task force, in relation to the effec-
   tiveness  thereof  (Part  CC);  in  relation to establishing a cost of
 S. 8007                             4                            A. 9007
 
   living adjustment for designated human services programs (Part DD); to
   amend  the  mental  hygiene  law,  in  relation  to  a  9-8-8  suicide
   prevention  and  behavioral health crisis hotline system (Part EE); to
   amend  the  social  services law, in relation   to reinvesting savings
   recouped from behavioral health transition into managed care back into
   behavioral health services (Part FF); to amend chapter 57 of the  laws
   of  2019  amending the public health law relating to waiver of certain
   regulations, in relation to the effectiveness thereof  (Part  GG);  to
   amend  the  public  health  law,  in  relation to requiring a stock of
   opioid agonist medication for the treatment of an opioid use  disorder
   (Part  HH);  to amend the mental hygiene law, in relation to community
   residences for addiction (Part II); to amend the mental  hygiene  law,
   in relation to expanding the scope of the alcohol awareness program to
   become  the  substance  use  awareness program (Part JJ); to amend the
   facilities development corporation act in relation to authorizing  the
   facilities  development  corporation  to  acquire,  improve  and lease
   mental health facilities  providing  services  for  the  treatment  of
   addiction  (Part KK); to amend chapter 56 of the laws of 2013 amending
   the public health law and other  laws  relating  to  general  hospital
   reimbursement  for  annual  rates, in relation to extending government
   rates for behavioral services and referencing the office of  addiction
   services  and  supports; to amend part H of chapter 111 of the laws of
   2010 relating to increasing Medicaid  payments  to  providers  through
   managed  care  organizations  and providing equivalent fees through an
   ambulatory patient group methodology, in relation to extending govern-
   ment rates for behavioral services referencing the office of addiction
   services and supports and in relation  to  the  effectiveness  thereof
   (Part LL); to amend Kendra's law, in relation to extending the expira-
   tion  thereof;  and  to  amend  the mental hygiene law, in relation to
   extending Kendra's law and assisted outpatient treatment (Part MM); to
   amend the mental hygiene law,  in  relation  to  rental  and  mortgage
   payments  for the mentally ill (Part NN); and to amend part L of chap-
   ter 59 of the laws of 2016, amending the mental hygiene  law  relating
   to the appointment of temporary operators for the continued  operation
   of    programs  and the provision of services for persons with serious
   mental illness and/or  developmental    disabilities  and/or  chemical
   dependence,  in  relation to the effectiveness thereof (Part OO)
 
   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 2022-2023 state fiscal year.  Each  component  is  wholly  contained
 within  a  Part identified as Parts A through OO. 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
 S. 8007                             5                            A. 9007
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "nurses across New York (NANY) program".
   §  2. The public health law is amended by adding a new section 2807-aa
 to read as follows:
   § 2807-AA. NURSE LOAN REPAYMENT PROGRAM. 1.(A) MONIES  SHALL  BE  MADE
 AVAILABLE,  SUBJECT TO APPROPRIATIONS, FOR PURPOSES OF LOAN REPAYMENT IN
 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION  FOR  REGISTERED  PROFES-
 SIONAL  NURSES  LICENSED  TO  PRACTICE  PURSUANT  TO  SECTION SIXTY-NINE
 HUNDRED FIVE OF THE EDUCATION LAW. NOTWITHSTANDING SECTIONS ONE  HUNDRED
 TWELVE AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW AND SECTIONS
 ONE HUNDRED FORTY-TWO AND ONE HUNDRED FORTY-THREE OF THE ECONOMIC DEVEL-
 OPMENT  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 PROPOSALS.
   (I) FUNDING AWARDED PURSUANT TO THIS SECTION SHALL BE AWARDED TO REPAY
 LOANS  OF NURSES WHO WORK IN AREAS DETERMINED TO BE UNDERSERVED COMMUNI-
 TIES BY THE COMMISSIONER AND WHO AGREE TO WORK IN SUCH AREAS FOR A PERI-
 OD OF THREE CONSECUTIVE YEARS. A NURSE MAY BE DEEMED TO BE PRACTICING IN
 AN UNDERSERVED AREA IF THEY PRACTICE IN A FACILITY OR PHYSICIAN'S OFFICE
 THAT PRIMARILY SERVES AN UNDERSERVED POPULATION  AS  DETERMINED  BY  THE
 COMMISSIONER,  WITHOUT  REGARD TO WHETHER THE POPULATION OR THE FACILITY
 OR PHYSICIAN'S OFFICE IS LOCATED IN AN UNDERSERVED AREA.
   (II) FUNDING AWARDED PURSUANT TO THIS SECTION  SHALL  NOT  EXCEED  THE
 TOTAL  QUALIFYING  OUTSTANDING  DEBT  OF THE NURSE FROM STUDENT LOANS TO
 COVER TUITION AND OTHER RELATED EDUCATIONAL EXPENSES, MADE BY OR GUARAN-
 TEED BY THE FEDERAL OR STATE GOVERNMENT, OR MADE BY A LENDING OR  EDUCA-
 TIONAL  INSTITUTION APPROVED UNDER TITLE IV OF THE FEDERAL HIGHER EDUCA-
 TION ACT.  LOAN REPAYMENT AWARDS SHALL BE  USED  SOLELY  TO  REPAY  SUCH
 OUTSTANDING DEBT.
   (III) A NURSE RECEIVING FUNDS PURSUANT TO THIS SECTION SHALL BE ELIGI-
 BLE FOR A LOAN REPAYMENT AWARD TO BE DETERMINED BY THE COMMISSIONER OVER
 A  THREE-YEAR  PERIOD  DISTRIBUTED  AS  FOLLOWS: THIRTY PERCENT OF TOTAL
 AWARD FOR THE FIRST YEAR; THIRTY PERCENT OF TOTAL AWARD FOR  THE  SECOND
 YEAR;  AND ANY UNPAID BALANCE OF THE TOTAL AWARD NOT TO EXCEED THE MAXI-
 MUM AWARD AMOUNT FOR THE THIRD YEAR.
   (IV) IN THE EVENT THAT A THREE-YEAR COMMITMENT PURSUANT TO THE  AGREE-
 MENT  REFERENCED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH IS NOT FULFILLED,
 THE RECIPIENT SHALL BE RESPONSIBLE FOR REPAYMENT OF AMOUNTS  PAID  WHICH
 SHALL BE CALCULATED IN ACCORDANCE WITH THE FORMULA SET FORTH IN SUBDIVI-
 SION  (B)  OF SECTION TWO HUNDRED FIFTY-FOUR-O OF TITLE FORTY-TWO OF THE
 UNITED STATES CODE, AS AMENDED.
   (B) THE COMMISSIONER MAY POSTPONE, CHANGE OR WAIVE THE  SERVICE  OBLI-
 GATION  AND REPAYMENT AMOUNTS SET FORTH IN SUBPARAGRAPHS (I) AND (IV) OF
 PARAGRAPH (A) OF THIS  SUBDIVISION  IN  INDIVIDUAL  CIRCUMSTANCES  WHERE
 THERE IS COMPELLING NEED OR HARDSHIP.
   2.  TO  DEVELOP  A  STREAMLINED APPLICATION PROCESS FOR THE NURSE LOAN
 REPAYMENT PROGRAM SET FORTH IN SUBDIVISION  ONE  OF  THIS  SECTION,  THE
 DEPARTMENT SHALL APPOINT A WORK GROUP FROM RECOMMENDATIONS MADE BY ASSO-
 CIATIONS  REPRESENTING  NURSES,  GENERAL HOSPITALS AND OTHER HEALTH CARE
 FACILITIES. SUCH RECOMMENDATIONS SHALL BE MADE BY  SEPTEMBER  THIRTIETH,
 TWO THOUSAND TWENTY-TWO.
   3.  IN  THE  EVENT  THERE  ARE UNDISTRIBUTED FUNDS WITHIN AMOUNTS MADE
 AVAILABLE FOR DISTRIBUTIONS PURSUANT TO THIS SECTION, SUCH FUNDS MAY  BE
 REALLOCATED  AND DISTRIBUTED IN CURRENT OR SUBSEQUENT DISTRIBUTION PERI-
 S. 8007                             6                            A. 9007
 
 ODS IN A MANNER DETERMINED BY THE COMMISSIONER FOR THE PURPOSE SET FORTH
 IN THIS SECTION.
   §  3.  This act shall take effect immediately; provided, however, that
 section two of this act shall be deemed to have been in full  force  and
 effect on and after April 1, 2022.
 
                                  PART B
 
   Section 1. The education law is amended by adding a new article 169 to
 read as follows:
                                ARTICLE 169
                   INTERSTATE MEDICAL LICENSURE COMPACT
 SECTION 8860. SHORT TITLE.
         8861. PURPOSE.
         8862. DEFINITIONS.
         8863. ELIGIBILITY.
         8864. DESIGNATION OF STATE OF PRINCIPAL LICENSE.
         8865. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE.
         8866. FEES FOR EXPEDITED LICENSURE.
         8867. RENEWAL AND CONTINUED PARTICIPATION.
         8868. COORDINATED INFORMATION SYSTEM.
         8869. JOINT INVESTIGATIONS.
         8870. DISCIPLINARY ACTIONS.
         8871. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION.
         8872. POWERS AND DUTIES OF THE INTERSTATE COMMISSION.
         8873. FINANCE POWERS.
         8874. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.
         8875. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.
         8876. OVERSIGHT OF INTERSTATE COMPACT.
         8877. ENFORCEMENT OF INTERSTATE COMPACT.
         8878. DEFAULT PROCEDURES.
         8879. DISPUTE RESOLUTION.
         8880. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT.
         8881. WITHDRAWAL.
         8882. DISSOLUTION.
         8883. SEVERABILITY AND CONSTRUCTION.
         8884. BINDING EFFECT OF COMPACT AND OTHER LAWS.
   § 8860. SHORT  TITLE.  THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "INTERSTATE MEDICAL LICENSURE COMPACT".
   § 8861. PURPOSE. IN ORDER TO STRENGTHEN ACCESS TO HEALTH CARE, AND  IN
 RECOGNITION  OF  THE ADVANCES IN THE DELIVERY OF HEALTH CARE, THE MEMBER
 STATES OF THE INTERSTATE MEDICAL LICENSURE COMPACT HAVE ALLIED IN COMMON
 PURPOSE TO DEVELOP A COMPREHENSIVE PROCESS THAT COMPLEMENTS THE EXISTING
 LICENSING AND REGULATORY AUTHORITY OF STATE MEDICAL BOARDS,  PROVIDES  A
 STREAMLINED  PROCESS THAT ALLOWS PHYSICIANS TO BECOME LICENSED IN MULTI-
 PLE STATES, THEREBY ENHANCING THE PORTABILITY OF A MEDICAL  LICENSE  AND
 ENSURING  THE  SAFETY OF PATIENTS.   THE COMPACT CREATES ANOTHER PATHWAY
 FOR LICENSURE AND DOES NOT OTHERWISE CHANGE A STATE'S  EXISTING  MEDICAL
 PRACTICE ACT. THE COMPACT ALSO ADOPTS THE PREVAILING STANDARD FOR LICEN-
 SURE  AND AFFIRMS THAT THE PRACTICE OF MEDICINE OCCURS WHERE THE PATIENT
 IS LOCATED AT THE TIME OF THE PHYSICIAN-PATIENT  ENCOUNTER,  AND  THERE-
 FORE,  REQUIRES  THE PHYSICIAN TO BE UNDER THE JURISDICTION OF THE STATE
 MEDICAL BOARD WHERE THE PATIENT IS LOCATED. STATE  MEDICAL  BOARDS  THAT
 PARTICIPATE  IN THE COMPACT RETAIN THE JURISDICTION TO IMPOSE AN ADVERSE
 ACTION AGAINST A LICENSE TO PRACTICE MEDICINE IN THAT STATE ISSUED TO  A
 PHYSICIAN THROUGH THE PROCEDURES IN THE COMPACT.
 S. 8007                             7                            A. 9007
 
   § 8862. DEFINITIONS. IN THIS COMPACT:
   1.  "BYLAWS"  MEANS THOSE BYLAWS ESTABLISHED BY THE INTERSTATE COMMIS-
 SION PURSUANT TO SECTION EIGHTY-EIGHT HUNDRED SEVENTY-ONE OF THIS  ARTI-
 CLE FOR ITS GOVERNANCE, OR FOR DIRECTING AND CONTROLLING ITS ACTIONS AND
 CONDUCT.
   2.  "COMMISSIONER"  MEANS  THE VOTING REPRESENTATIVE APPOINTED BY EACH
 MEMBER BOARD PURSUANT TO SECTION  EIGHTY-EIGHT  HUNDRED  SEVENTY-ONE  OF
 THIS ARTICLE.
   3. "CONVICTION" MEANS A FINDING BY A COURT THAT AN INDIVIDUAL IS GUIL-
 TY  OF  A  CRIMINAL  OFFENSE THROUGH ADJUDICATION, OR ENTRY OF A PLEA OF
 GUILT OR NO CONTEST TO THE CHARGE BY THE OFFENDER. EVIDENCE OF AN  ENTRY
 OF  A  CONVICTION OF A CRIMINAL OFFENSE BY THE COURT SHALL BE CONSIDERED
 FINAL FOR PURPOSES OF DISCIPLINARY ACTION BY A MEMBER BOARD.
   4. "EXPEDITED LICENSE" MEANS A FULL AND UNRESTRICTED  MEDICAL  LICENSE
 GRANTED  BY  A MEMBER STATE TO AN ELIGIBLE PHYSICIAN THROUGH THE PROCESS
 SET FORTH IN THE COMPACT.
   5. "INTERSTATE COMMISSION" MEANS  THE  INTERSTATE  COMMISSION  CREATED
 PURSUANT TO SECTION EIGHTY-EIGHT HUNDRED SEVENTY-ONE OF THIS ARTICLE.
   6.  "LICENSE" MEANS AUTHORIZATION BY A STATE FOR A PHYSICIAN TO ENGAGE
 IN THE PRACTICE OF MEDICINE, WHICH WOULD BE UNLAWFUL WITHOUT THE AUTHOR-
 IZATION.
   7. "MEDICAL PRACTICE ACT" MEANS LAWS  AND  REGULATIONS  GOVERNING  THE
 PRACTICE OF ALLOPATHIC AND OSTEOPATHIC MEDICINE WITHIN A MEMBER STATE.
   8.  "MEMBER BOARD" MEANS A STATE AGENCY IN A MEMBER STATE THAT ACTS IN
 THE SOVEREIGN INTERESTS OF THE STATE BY PROTECTING  THE  PUBLIC  THROUGH
 LICENSURE,  REGULATION,  AND  EDUCATION OF PHYSICIANS AS DIRECTED BY THE
 STATE GOVERNMENT.
   9. "MEMBER STATE" MEANS A STATE THAT HAS ENACTED THE COMPACT.
   10. "PRACTICE OF MEDICINE" MEANS THE CLINICAL  PREVENTION,  DIAGNOSIS,
 OR  TREATMENT  OF HUMAN DISEASE, INJURY, OR CONDITION REQUIRING A PHYSI-
 CIAN TO OBTAIN AND MAINTAIN A LICENSE IN  COMPLIANCE  WITH  THE  MEDICAL
 PRACTICE ACT OF A MEMBER STATE.
   11. "PHYSICIAN" MEANS ANY PERSON WHO:
   (A)  IS  A  GRADUATE  OF  A  MEDICAL  SCHOOL ACCREDITED BY THE LIAISON
 COMMITTEE ON MEDICAL EDUCATION, THE COMMISSION  ON  OSTEOPATHIC  COLLEGE
 ACCREDITATION,  OR  A MEDICAL SCHOOL LISTED IN THE INTERNATIONAL MEDICAL
 EDUCATION DIRECTORY OR ITS EQUIVALENT;
   (B) PASSED EACH COMPONENT OF THE UNITED STATES MEDICAL LICENSING EXAM-
 INATION (USMLE) OR THE COMPREHENSIVE OSTEOPATHIC MEDICAL LICENSING EXAM-
 INATION (COMLEX-USA) WITHIN THREE ATTEMPTS, OR ANY  OF  ITS  PREDECESSOR
 EXAMINATIONS ACCEPTED BY A STATE MEDICAL BOARD AS AN EQUIVALENT EXAMINA-
 TION FOR LICENSURE PURPOSES;
   (C)  SUCCESSFULLY COMPLETED GRADUATE MEDICAL EDUCATION APPROVED BY THE
 ACCREDITATION COUNCIL FOR GRADUATE MEDICAL  EDUCATION  OR  THE  AMERICAN
 OSTEOPATHIC ASSOCIATION;
   (D)  HOLDS  SPECIALTY  CERTIFICATION  OR  A  TIME-UNLIMITED  SPECIALTY
 CERTIFICATE RECOGNIZED BY THE AMERICAN BOARD OF MEDICAL  SPECIALTIES  OR
 THE  AMERICAN  OSTEOPATHIC  ASSOCIATION'S BUREAU OF OSTEOPATHIC SPECIAL-
 ISTS;
   (E) POSSESSES A FULL AND UNRESTRICTED LICENSE TO ENGAGE IN  THE  PRAC-
 TICE OF MEDICINE ISSUED BY A MEMBER BOARD;
   (F)  HAS NEVER BEEN CONVICTED, RECEIVED ADJUDICATION, DEFERRED ADJUDI-
 CATION, COMMUNITY SUPERVISION, OR DEFERRED DISPOSITION FOR  ANY  OFFENSE
 BY A COURT OF APPROPRIATE JURISDICTION;
   (G)  HAS  NEVER  HELD  A  LICENSE AUTHORIZING THE PRACTICE OF MEDICINE
 SUBJECTED TO DISCIPLINE BY A LICENSING AGENCY IN ANY STATE, FEDERAL,  OR
 S. 8007                             8                            A. 9007
 
 FOREIGN  JURISDICTION,  EXCLUDING  ANY  ACTION RELATED TO NON-PAYMENT OF
 FEES RELATED TO A LICENSE;
   (H)  HAS  NEVER HAD A CONTROLLED SUBSTANCE LICENSE OR PERMIT SUSPENDED
 OR REVOKED BY A STATE OR THE UNITED  STATES  DRUG  ENFORCEMENT  ADMINIS-
 TRATION; AND
   (I)  IS  NOT  UNDER  ACTIVE INVESTIGATION BY A LICENSING AGENCY OR LAW
 ENFORCEMENT AUTHORITY IN ANY STATE, FEDERAL, OR FOREIGN JURISDICTION.
   12. "OFFENSE" MEANS A FELONY, GROSS MISDEMEANOR,  OR  CRIME  OF  MORAL
 TURPITUDE.
   13.  "RULE"  MEANS  A  WRITTEN  STATEMENT BY THE INTERSTATE COMMISSION
 PROMULGATED PURSUANT TO SECTION EIGHTY-EIGHT HUNDRED SEVENTY-TWO OF THIS
 ARTICLE THAT IS OF GENERAL  APPLICABILITY,  IMPLEMENTS,  INTERPRETS,  OR
 PRESCRIBES  A  POLICY OR PROVISION OF THE COMPACT, OR AN ORGANIZATIONAL,
 PROCEDURAL, OR PRACTICE REQUIREMENT OF THE  INTERSTATE  COMMISSION,  AND
 HAS  THE  FORCE  AND  EFFECT  OF  STATUTORY  LAW  IN A MEMBER STATE, AND
 INCLUDES THE AMENDMENT, REPEAL, OR SUSPENSION OF AN EXISTING RULE.
   14. "STATE" MEANS ANY STATE, COMMONWEALTH, DISTRICT, OR  TERRITORY  OF
 THE UNITED STATES.
   15.  "STATE  OF PRINCIPAL LICENSE" MEANS A MEMBER STATE WHERE A PHYSI-
 CIAN HOLDS A LICENSE TO PRACTICE MEDICINE AND WHICH HAS BEEN  DESIGNATED
 AS  SUCH BY THE PHYSICIAN FOR PURPOSES OF REGISTRATION AND PARTICIPATION
 IN THE COMPACT.
   § 8863. ELIGIBILITY. 1. A PHYSICIAN MUST MEET THE ELIGIBILITY REQUIRE-
 MENTS AS DEFINED IN SUBDIVISION ELEVEN OF SECTION  EIGHTY-EIGHT  HUNDRED
 SIXTY-TWO  OF  THIS  ARTICLE  TO  RECEIVE AN EXPEDITED LICENSE UNDER THE
 TERMS AND PROVISIONS OF THE COMPACT.
   2. A PHYSICIAN WHO DOES NOT MEET THE REQUIREMENTS OF SUBDIVISION ELEV-
 EN OF SECTION EIGHTY-EIGHT HUNDRED SIXTY-TWO OF THIS ARTICLE MAY  OBTAIN
 A  LICENSE  TO  PRACTICE  MEDICINE  IN  A MEMBER STATE IF THE INDIVIDUAL
 COMPLIES WITH ALL LAWS AND REQUIREMENTS, OTHER THAN THE COMPACT,  RELAT-
 ING TO THE ISSUANCE OF A LICENSE TO PRACTICE MEDICINE IN THAT STATE.
   § 8864. DESIGNATION  OF  STATE  OF  PRINCIPAL  LICENSE. 1. A PHYSICIAN
 SHALL DESIGNATE A MEMBER STATE AS THE STATE  OF  PRINCIPAL  LICENSE  FOR
 PURPOSES  OF REGISTRATION FOR EXPEDITED LICENSURE THROUGH THE COMPACT IF
 THE PHYSICIAN POSSESSES A FULL  AND  UNRESTRICTED  LICENSE  TO  PRACTICE
 MEDICINE IN THAT STATE, AND THE STATE IS:
   (A) THE STATE OF PRIMARY RESIDENCE FOR THE PHYSICIAN, OR
   (B)  THE  STATE  WHERE AT LEAST TWENTY-FIVE PERCENT OF THE PRACTICE OF
 MEDICINE OCCURS, OR
   (C) THE LOCATION OF THE PHYSICIAN'S EMPLOYER, OR
   (D) IF NO STATE QUALIFIES UNDER PARAGRAPH (A), (B),  OR  (C)  OF  THIS
 SUBDIVISION,  THE  STATE DESIGNATED AS STATE OF RESIDENCE FOR PURPOSE OF
 FEDERAL INCOME TAX.
   2. A PHYSICIAN MAY REDESIGNATE A MEMBER STATE AS  STATE  OF  PRINCIPAL
 LICENSE  AT  ANY  TIME,  AS  LONG AS THE STATE MEETS THE REQUIREMENTS OF
 SUBDIVISION ONE OF THIS SECTION.
   3. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES TO FACILI-
 TATE REDESIGNATION OF ANOTHER MEMBER STATE AS  THE  STATE  OF  PRINCIPAL
 LICENSE.
   § 8865. APPLICATION  AND  ISSUANCE OF EXPEDITED LICENSURE. 1. A PHYSI-
 CIAN SEEKING LICENSURE THROUGH THE COMPACT SHALL FILE AN APPLICATION FOR
 AN EXPEDITED LICENSE WITH THE MEMBER BOARD OF THE STATE SELECTED BY  THE
 PHYSICIAN AS THE STATE OF PRINCIPAL LICENSE.
   2. UPON RECEIPT OF AN APPLICATION FOR AN EXPEDITED LICENSE, THE MEMBER
 BOARD  WITHIN THE STATE SELECTED AS THE STATE OF PRINCIPAL LICENSE SHALL
 EVALUATE WHETHER THE PHYSICIAN IS ELIGIBLE FOR EXPEDITED  LICENSURE  AND
 S. 8007                             9                            A. 9007
 
 ISSUE  A  LETTER  OF QUALIFICATION, VERIFYING OR DENYING THE PHYSICIAN'S
 ELIGIBILITY, TO THE INTERSTATE COMMISSION.
   (A)  STATIC  QUALIFICATIONS,  WHICH  INCLUDE  VERIFICATION  OF MEDICAL
 EDUCATION, GRADUATE MEDICAL EDUCATION, RESULTS OF ANY MEDICAL OR LICENS-
 ING EXAMINATION, AND OTHER QUALIFICATIONS AS DETERMINED  BY  THE  INTER-
 STATE COMMISSION THROUGH RULE, SHALL NOT BE SUBJECT TO ADDITIONAL PRIMA-
 RY  SOURCE  VERIFICATION  WHERE  ALREADY  PRIMARY SOURCE VERIFIED BY THE
 STATE OF PRINCIPAL LICENSE.
   (B) THE MEMBER BOARD WITHIN THE STATE SELECTED AS THE STATE OF PRINCI-
 PAL LICENSE SHALL, IN THE COURSE OF  VERIFYING  ELIGIBILITY,  PERFORM  A
 CRIMINAL  BACKGROUND  CHECK  OF  AN  APPLICANT, INCLUDING THE USE OF THE
 RESULTS OF FINGERPRINT OR OTHER BIOMETRIC DATA CHECKS COMPLIANT WITH THE
 REQUIREMENTS OF THE FEDERAL BUREAU OF INVESTIGATION, WITH THE  EXCEPTION
 OF  FEDERAL  EMPLOYEES  WHO HAVE SUITABILITY DETERMINATION IN ACCORDANCE
 WITH U.S. C.F.R. § 731.202.
   (C) APPEAL ON THE DETERMINATION OF ELIGIBILITY SHALL BE  MADE  TO  THE
 MEMBER STATE WHERE THE APPLICATION WAS FILED AND SHALL BE SUBJECT TO THE
 LAW OF THAT STATE.
   3. UPON VERIFICATION UNDER SUBDIVISION TWO OF THIS SECTION, PHYSICIANS
 ELIGIBLE  FOR AN EXPEDITED LICENSE SHALL COMPLETE THE REGISTRATION PROC-
 ESS ESTABLISHED BY THE INTERSTATE COMMISSION TO RECEIVE A LICENSE  IN  A
 MEMBER  STATE  SELECTED  PURSUANT  TO  SUBDIVISION  ONE OF THIS SECTION,
 INCLUDING THE PAYMENT OF ANY APPLICABLE FEES.
   4. AFTER RECEIVING VERIFICATION OF ELIGIBILITY UNDER  SUBDIVISION  TWO
 OF  THIS SECTION AND ANY FEES UNDER SUBDIVISION THREE OF THIS SECTION, A
 MEMBER BOARD SHALL ISSUE AN EXPEDITED LICENSE  TO  THE  PHYSICIAN.  THIS
 LICENSE  SHALL AUTHORIZE THE PHYSICIAN TO PRACTICE MEDICINE IN THE ISSU-
 ING STATE CONSISTENT WITH THE MEDICAL PRACTICE ACT  AND  ALL  APPLICABLE
 LAWS AND REGULATIONS OF THE ISSUING MEMBER BOARD AND MEMBER STATE.
   5.  AN  EXPEDITED  LICENSE SHALL BE VALID FOR A PERIOD CONSISTENT WITH
 THE LICENSURE PERIOD IN THE MEMBER STATE  AND  IN  THE  SAME  MANNER  AS
 REQUIRED  FOR  OTHER  PHYSICIANS HOLDING A FULL AND UNRESTRICTED LICENSE
 WITHIN THE MEMBER STATE.
   6. AN EXPEDITED LICENSE OBTAINED THOUGH THE COMPACT  SHALL  BE  TERMI-
 NATED IF A PHYSICIAN FAILS TO MAINTAIN A LICENSE IN THE STATE OF PRINCI-
 PAL  LICENSURE FOR A NON-DISCIPLINARY REASON, WITHOUT REDESIGNATION OF A
 NEW STATE OF PRINCIPAL LICENSURE.
   7. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES  REGARDING
 THE  APPLICATION  PROCESS, INCLUDING PAYMENT OF ANY APPLICABLE FEES, AND
 THE ISSUANCE OF AN EXPEDITED LICENSE.
   § 8866. FEES FOR EXPEDITED LICENSURE. 1. A  MEMBER  STATE  ISSUING  AN
 EXPEDITED LICENSE AUTHORIZING THE PRACTICE OF MEDICINE IN THAT STATE MAY
 IMPOSE A FEE FOR A LICENSE ISSUED OR RENEWED THROUGH THE COMPACT.
   2.  THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES REGARDING
 FEES FOR EXPEDITED LICENSES.
   § 8867. RENEWAL AND CONTINUED PARTICIPATION. 1. A PHYSICIAN SEEKING TO
 RENEW AN EXPEDITED LICENSE GRANTED IN A MEMBER STATE  SHALL  COMPLETE  A
 RENEWAL PROCESS WITH THE INTERSTATE COMMISSION IF THE PHYSICIAN:
   (A)  MAINTAINS A FULL AND UNRESTRICTED LICENSE IN A STATE OF PRINCIPAL
 LICENSE;
   (B) HAS NOT BEEN CONVICTED, RECEIVED  ADJUDICATION,  DEFERRED  ADJUDI-
 CATION,  COMMUNITY  SUPERVISION, OR DEFERRED DISPOSITION FOR ANY OFFENSE
 BY A COURT OF APPROPRIATE JURISDICTION;
   (C) HAS NOT HAD A LICENSE AUTHORIZING THE PRACTICE OF MEDICINE SUBJECT
 TO DISCIPLINE BY A LICENSING AGENCY IN ANY STATE,  FEDERAL,  OR  FOREIGN
 S. 8007                            10                            A. 9007
 
 JURISDICTION,  EXCLUDING  ANY  ACTION  RELATED  TO  NON-PAYMENT  OF FEES
 RELATED TO A LICENSE; AND
   (D)  HAS NOT HAD A CONTROLLED SUBSTANCE LICENSE OR PERMIT SUSPENDED OR
 REVOKED BY A STATE OR THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION.
   2. PHYSICIANS SHALL COMPLY WITH ALL CONTINUING  PROFESSIONAL  DEVELOP-
 MENT  OR  CONTINUING  MEDICAL  EDUCATION  REQUIREMENTS  FOR RENEWAL OF A
 LICENSE ISSUED BY A MEMBER STATE.
   3. THE INTERSTATE COMMISSION SHALL COLLECT ANY  RENEWAL  FEES  CHARGED
 FOR  THE  RENEWAL OF A LICENSE AND DISTRIBUTE THE FEES TO THE APPLICABLE
 MEMBER BOARD.
   4. UPON RECEIPT OF ANY RENEWAL FEES COLLECTED IN SUBDIVISION THREE  OF
 THIS SECTION, A MEMBER BOARD SHALL RENEW THE PHYSICIAN'S LICENSE.
   5. PHYSICIAN INFORMATION COLLECTED BY THE INTERSTATE COMMISSION DURING
 THE RENEWAL PROCESS WILL BE DISTRIBUTED TO ALL MEMBER BOARDS.
   6. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES TO ADDRESS
 RENEWAL OF LICENSES OBTAINED THROUGH THE COMPACT.
   § 8868. COORDINATED  INFORMATION  SYSTEM. 1. THE INTERSTATE COMMISSION
 SHALL ESTABLISH A DATABASE OF  ALL  PHYSICIANS  LICENSED,  OR  WHO  HAVE
 APPLIED  FOR LICENSURE, UNDER SECTION EIGHTY-EIGHT HUNDRED SIXTY-FIVE OF
 THIS ARTICLE.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  MEMBER  BOARDS  SHALL
 REPORT  TO  THE  INTERSTATE  COMMISSION  ANY PUBLIC ACTION OR COMPLAINTS
 AGAINST A LICENSED PHYSICIAN WHO HAS APPLIED OR  RECEIVED  AN  EXPEDITED
 LICENSE THROUGH THE COMPACT.
   3.  MEMBER  BOARDS SHALL REPORT DISCIPLINARY OR INVESTIGATORY INFORMA-
 TION DETERMINED AS NECESSARY  AND  PROPER  BY  RULE  OF  THE  INTERSTATE
 COMMISSION.
   4. MEMBER BOARDS MAY REPORT ANY NON-PUBLIC COMPLAINT, DISCIPLINARY, OR
 INVESTIGATORY  INFORMATION  NOT  REQUIRED  BY  SUBDIVISION THREE OF THIS
 SECTION TO THE INTERSTATE COMMISSION.
   5. MEMBER BOARDS SHALL SHARE  COMPLAINT  OR  DISCIPLINARY  INFORMATION
 ABOUT A PHYSICIAN UPON REQUEST OF ANOTHER MEMBER BOARD.
   6.  ALL  INFORMATION PROVIDED TO THE INTERSTATE COMMISSION OR DISTRIB-
 UTED BY MEMBER BOARDS SHALL BE CONFIDENTIAL, FILED UNDER SEAL, AND  USED
 ONLY FOR INVESTIGATORY OR DISCIPLINARY MATTERS.
   7.  THE  INTERSTATE  COMMISSION  IS  AUTHORIZED  TO  DEVELOP RULES FOR
 MANDATED OR DISCRETIONARY SHARING OF INFORMATION BY MEMBER BOARDS.
   § 8869. JOINT INVESTIGATIONS. 1. LICENSURE AND DISCIPLINARY RECORDS OF
 PHYSICIANS ARE DEEMED INVESTIGATIVE.
   2. IN ADDITION TO THE AUTHORITY GRANTED  TO  A  MEMBER  BOARD  BY  ITS
 RESPECTIVE  MEDICAL PRACTICE ACT OR OTHER APPLICABLE STATE LAW, A MEMBER
 BOARD MAY PARTICIPATE WITH OTHER MEMBER BOARDS IN  JOINT  INVESTIGATIONS
 OF PHYSICIANS LICENSED BY THE MEMBER BOARDS.
   3.  A  SUBPOENA ISSUED BY A MEMBER STATE SHALL BE ENFORCEABLE IN OTHER
 MEMBER STATES.
   4. MEMBER BOARDS MAY SHARE ANY INVESTIGATIVE, LITIGATION,  OR  COMPLI-
 ANCE  MATERIALS  IN FURTHERANCE OF ANY JOINT OR INDIVIDUAL INVESTIGATION
 INITIATED UNDER THE COMPACT.
   5. ANY MEMBER STATE MAY INVESTIGATE ACTUAL OR  ALLEGED  VIOLATIONS  OF
 THE  STATUTES  AUTHORIZING  THE PRACTICE OF MEDICINE IN ANY OTHER MEMBER
 STATE IN WHICH A PHYSICIAN HOLDS A LICENSE TO PRACTICE MEDICINE.
   § 8870. DISCIPLINARY ACTIONS. 1. ANY DISCIPLINARY ACTION TAKEN BY  ANY
 MEMBER  BOARD  AGAINST A PHYSICIAN LICENSED THROUGH THE COMPACT SHALL BE
 DEEMED UNPROFESSIONAL CONDUCT WHICH MAY  BE  SUBJECT  TO  DISCIPLINE  BY
 OTHER  MEMBER  BOARDS, IN ADDITION TO ANY VIOLATION OF THE MEDICAL PRAC-
 TICE ACT OR REGULATIONS IN THAT STATE.
 S. 8007                            11                            A. 9007
 
   2. IF A LICENSE GRANTED TO A PHYSICIAN BY  THE  MEMBER  BOARD  IN  THE
 STATE  OF  PRINCIPAL  LICENSE IS REVOKED, SURRENDERED OR RELINQUISHED IN
 LIEU OF DISCIPLINE, OR SUSPENDED, THEN ALL LICENSES ISSUED TO THE PHYSI-
 CIAN BY MEMBER BOARDS SHALL AUTOMATICALLY  BE  PLACED,  WITHOUT  FURTHER
 ACTION  NECESSARY BY ANY MEMBER BOARD, ON THE SAME STATUS. IF THE MEMBER
 BOARD IN THE STATE OF  PRINCIPAL  LICENSE  SUBSEQUENTLY  REINSTATES  THE
 PHYSICIAN'S  LICENSE,  A  LICENSE  ISSUED  TO THE PHYSICIAN BY ANY OTHER
 MEMBER BOARD SHALL REMAIN ENCUMBERED UNTIL THAT RESPECTIVE MEMBER  BOARD
 TAKES  ACTION  TO  REINSTATE THE LICENSE IN A MANNER CONSISTENT WITH THE
 MEDICAL PRACTICE ACT OF THAT STATE.
   3. IF DISCIPLINARY ACTION IS TAKEN AGAINST A  PHYSICIAN  BY  A  MEMBER
 BOARD  NOT IN THE STATE OF PRINCIPAL LICENSE, ANY OTHER MEMBER BOARD MAY
 DEEM THE ACTION CONCLUSIVE AS TO MATTER OF LAW AND FACT DECIDED, AND:
   (A) IMPOSE THE SAME OR LESSER SANCTION OR SANCTIONS AGAINST THE PHYSI-
 CIAN SO LONG AS SUCH SANCTIONS ARE CONSISTENT WITH THE MEDICAL  PRACTICE
 ACT OF THAT STATE; OR
   (B)  PURSUE  SEPARATE  DISCIPLINARY ACTION AGAINST THE PHYSICIAN UNDER
 ITS RESPECTIVE MEDICAL PRACTICE ACT, REGARDLESS OF THE ACTION  TAKEN  IN
 OTHER MEMBER STATES.
   4.  IF  A LICENSE GRANTED TO A PHYSICIAN BY A MEMBER BOARD IS REVOKED,
 SURRENDERED, OR RELINQUISHED IN LIEU OF DISCIPLINE, OR  SUSPENDED,  THEN
 ANY  LICENSE  OR  LICENSES  ISSUED  TO THE PHYSICIAN BY ANY OTHER MEMBER
 BOARD OR BOARDS SHALL BE SUSPENDED, AUTOMATICALLY AND IMMEDIATELY  WITH-
 OUT  FURTHER  ACTION  NECESSARY BY THE OTHER MEMBER BOARD OR BOARDS, FOR
 NINETY DAYS UPON ENTRY OF THE ORDER BY THE DISCIPLINING BOARD, TO PERMIT
 THE MEMBER BOARD OR BOARDS TO INVESTIGATE THE BASIS FOR THE ACTION UNDER
 THE MEDICAL PRACTICE ACT OF THAT STATE. A MEMBER BOARD MAY TERMINATE THE
 AUTOMATIC SUSPENSION OF THE LICENSE IT ISSUED PRIOR TO THE COMPLETION OF
 THE NINETY DAY SUSPENSION PERIOD IN A MANNER CONSISTENT WITH THE MEDICAL
 PRACTICE ACT OF THAT STATE.
   § 8871. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION. 1. THE MEMBER
 STATES HEREBY CREATE THE "INTERSTATE MEDICAL LICENSURE  COMPACT  COMMIS-
 SION".
   2.  THE  PURPOSE OF THE INTERSTATE COMMISSION IS THE ADMINISTRATION OF
 THE INTERSTATE MEDICAL LICENSURE COMPACT, WHICH IS A DISCRETIONARY STATE
 FUNCTION.
   3. THE INTERSTATE COMMISSION SHALL BE A BODY CORPORATE AND JOINT AGEN-
 CY OF THE MEMBER STATES AND SHALL HAVE ALL THE RESPONSIBILITIES, POWERS,
 AND DUTIES SET FORTH IN THE COMPACT, AND SUCH ADDITIONAL POWERS  AS  MAY
 BE CONFERRED UPON IT BY A SUBSEQUENT CONCURRENT ACTION OF THE RESPECTIVE
 LEGISLATURES  OF  THE  MEMBER STATES IN ACCORDANCE WITH THE TERMS OF THE
 COMPACT.
   4. THE INTERSTATE COMMISSION SHALL CONSIST  OF  TWO  VOTING  REPRESEN-
 TATIVES APPOINTED BY EACH MEMBER STATE WHO SHALL SERVE AS COMMISSIONERS.
 IN  STATES  WHERE ALLOPATHIC AND OSTEOPATHIC PHYSICIANS ARE REGULATED BY
 SEPARATE MEMBER BOARDS, OR IF THE LICENSING AND  DISCIPLINARY  AUTHORITY
 IS  SPLIT  BETWEEN  MULTIPLE  MEMBER  BOARDS  WITHIN A MEMBER STATE, THE
 MEMBER STATE SHALL APPOINT ONE REPRESENTATIVE FROM EACH MEMBER BOARD.  A
 COMMISSIONER SHALL BE A OR AN:
   (A) ALLOPATHIC OR OSTEOPATHIC PHYSICIAN APPOINTED TO A MEMBER BOARD;
   (B) EXECUTIVE DIRECTOR, EXECUTIVE SECRETARY, OR SIMILAR EXECUTIVE OF A
 MEMBER BOARD; OR
   (C) MEMBER OF THE PUBLIC APPOINTED TO A MEMBER BOARD.
   5.  THE  INTERSTATE  COMMISSION SHALL MEET AT LEAST ONCE EACH CALENDAR
 YEAR. A PORTION OF THIS MEETING SHALL BE A BUSINESS MEETING  TO  ADDRESS
 SUCH  MATTERS  AS MAY PROPERLY COME BEFORE THE COMMISSION, INCLUDING THE
 S. 8007                            12                            A. 9007
 
 ELECTION OF OFFICERS. THE CHAIRPERSON MAY CALL ADDITIONAL  MEETINGS  AND
 SHALL  CALL  FOR  A MEETING UPON THE REQUEST OF A MAJORITY OF THE MEMBER
 STATES.
   6. THE BYLAWS MAY PROVIDE FOR MEETINGS OF THE INTERSTATE COMMISSION TO
 BE CONDUCTED BY TELECOMMUNICATION OR ELECTRONIC COMMUNICATION.
   7.  EACH  COMMISSIONER  PARTICIPATING  AT  A MEETING OF THE INTERSTATE
 COMMISSION IS ENTITLED TO ONE VOTE. A MAJORITY  OF  COMMISSIONERS  SHALL
 CONSTITUTE  A  QUORUM  FOR  THE TRANSACTION OF BUSINESS, UNLESS A LARGER
 QUORUM IS REQUIRED BY THE BYLAWS OF THE INTERSTATE COMMISSION. A COMMIS-
 SIONER SHALL NOT DELEGATE A VOTE TO ANOTHER COMMISSIONER. IN THE ABSENCE
 OF ITS COMMISSIONER, A MEMBER STATE MAY DELEGATE VOTING AUTHORITY FOR  A
 SPECIFIED  MEETING  TO ANOTHER PERSON FROM THAT STATE WHO SHALL MEET THE
 REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION.
   8. THE INTERSTATE COMMISSION SHALL PROVIDE PUBLIC NOTICE OF ALL  MEET-
 INGS  AND  ALL  MEETINGS  SHALL  BE  OPEN  TO THE PUBLIC. THE INTERSTATE
 COMMISSION MAY CLOSE A MEETING, IN FULL OR IN PORTION, WHERE  IT  DETER-
 MINES  BY  A  TWO-THIRDS  VOTE OF THE COMMISSIONERS PRESENT THAT AN OPEN
 MEETING WOULD BE LIKELY TO:
   (A) RELATE SOLELY TO THE INTERNAL PERSONNEL PRACTICES  AND  PROCEDURES
 OF THE INTERSTATE COMMISSION;
   (B)  DISCUSS  MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL
 STATUTE;
   (C) DISCUSS TRADE SECRETS, COMMERCIAL, OR FINANCIAL  INFORMATION  THAT
 IS PRIVILEGED OR CONFIDENTIAL;
   (D)  INVOLVE  ACCUSING  A  PERSON  OF A CRIME, OR FORMALLY CENSURING A
 PERSON;
   (E) DISCUSS INFORMATION OF A PERSONAL NATURE  WHERE  DISCLOSURE  WOULD
 CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
   (F)   DISCUSS  INVESTIGATIVE  RECORDS  COMPILED  FOR  LAW  ENFORCEMENT
 PURPOSES; OR
   (G) SPECIFICALLY RELATE TO THE PARTICIPATION  IN  A  CIVIL  ACTION  OR
 OTHER LEGAL PROCEEDING.
   9.  THE  INTERSTATE  COMMISSION  SHALL  KEEP MINUTES WHICH SHALL FULLY
 DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND
 ACCURATE SUMMARY OF ACTIONS TAKEN, INCLUDING RECORD  OF  ANY  ROLL  CALL
 VOTES.
   10.  THE INTERSTATE COMMISSION SHALL MAKE ITS INFORMATION AND OFFICIAL
 RECORDS, TO THE EXTENT NOT OTHERWISE DESIGNATED IN THE COMPACT OR BY ITS
 RULES, AVAILABLE TO THE PUBLIC FOR INSPECTION.
   11. THE INTERSTATE COMMISSION SHALL ESTABLISH AN EXECUTIVE  COMMITTEE,
 WHICH  SHALL  INCLUDE OFFICERS, MEMBERS, AND OTHERS AS DETERMINED BY THE
 BYLAWS. THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT ON BEHALF OF
 THE INTERSTATE COMMISSION, WITH  THE  EXCEPTION  OF  RULEMAKING,  DURING
 PERIODS WHEN THE INTERSTATE COMMISSION IS NOT IN SESSION. WHEN ACTING ON
 BEHALF OF THE INTERSTATE COMMISSION, THE EXECUTIVE COMMITTEE SHALL OVER-
 SEE  THE ADMINISTRATION OF THE COMPACT INCLUDING ENFORCEMENT AND COMPLI-
 ANCE WITH THE PROVISIONS OF THE COMPACT, ITS BYLAWS AND RULES, AND OTHER
 SUCH DUTIES AS NECESSARY.
   12. THE INTERSTATE  COMMISSION  MAY  ESTABLISH  OTHER  COMMITTEES  FOR
 GOVERNANCE AND ADMINISTRATION OF THE COMPACT.
   § 8872. POWERS AND DUTIES OF THE INTERSTATE COMMISSION. THE INTERSTATE
 COMMISSION SHALL HAVE THE DUTY AND POWER TO:
   1. OVERSEE AND MAINTAIN THE ADMINISTRATION OF THE COMPACT;
   2.  PROMULGATE  RULES  WHICH SHALL BE BINDING TO THE EXTENT AND IN THE
 MANNER PROVIDED FOR IN THE COMPACT;
 S. 8007                            13                            A. 9007

   3. ISSUE, UPON THE REQUEST OF A MEMBER STATE OR MEMBER BOARD, ADVISORY
 OPINIONS CONCERNING THE MEANING OR INTERPRETATION OF  THE  COMPACT,  ITS
 BYLAWS, RULES, AND ACTIONS;
   4.  ENFORCE  COMPLIANCE WITH COMPACT PROVISIONS, THE RULES PROMULGATED
 BY THE INTERSTATE COMMISSION, AND THE BYLAWS, USING  ALL  NECESSARY  AND
 PROPER MEANS, INCLUDING BUT NOT LIMITED TO THE USE OF JUDICIAL PROCESS;
   5.  ESTABLISH AND APPOINT COMMITTEES INCLUDING, BUT NOT LIMITED TO, AN
 EXECUTIVE COMMITTEE AS REQUIRED BY SECTION EIGHTY-EIGHT  HUNDRED  SEVEN-
 TY-ONE  OF  THIS ARTICLE, WHICH SHALL HAVE THE POWER TO ACT ON BEHALF OF
 THE INTERSTATE COMMISSION IN CARRYING OUT ITS POWERS AND DUTIES;
   6. PAY, OR PROVIDE FOR THE PAYMENT OF  THE  EXPENSES  RELATED  TO  THE
 ESTABLISHMENT,  ORGANIZATION,  AND  ONGOING ACTIVITIES OF THE INTERSTATE
 COMMISSION;
   7. ESTABLISH AND MAINTAIN ONE OR MORE OFFICES;
   8. BORROW, ACCEPT, HIRE, OR CONTRACT FOR SERVICES OF PERSONNEL;
   9. PURCHASE AND MAINTAIN INSURANCE AND BONDS;
   10. EMPLOY AN EXECUTIVE DIRECTOR WHO SHALL HAVE SUCH POWERS TO EMPLOY,
 SELECT OR APPOINT EMPLOYEES, AGENTS, OR CONSULTANTS,  AND  TO  DETERMINE
 THEIR QUALIFICATIONS, DEFINE THEIR DUTIES, AND FIX THEIR COMPENSATION;
   11. ESTABLISH PERSONNEL POLICIES AND PROGRAMS RELATING TO CONFLICTS OF
 INTEREST, RATES OF COMPENSATION, AND QUALIFICATIONS OF PERSONNEL;
   12. ACCEPT DONATIONS AND GRANTS OF MONEY, EQUIPMENT, SUPPLIES, MATERI-
 ALS AND SERVICES, AND TO RECEIVE, UTILIZE, AND DISPOSE OF IT IN A MANNER
 CONSISTENT  WITH  THE  CONFLICT  OF INTEREST POLICIES ESTABLISHED BY THE
 INTERSTATE COMMISSION;
   13. LEASE, PURCHASE, ACCEPT CONTRIBUTIONS OR DONATIONS OF,  OR  OTHER-
 WISE  TO  OWN,  HOLD,  IMPROVE, OR USE, ANY PROPERTY, REAL, PERSONAL, OR
 MIXED;
   14. SELL, CONVEY,  MORTGAGE,  PLEDGE,  LEASE,  EXCHANGE,  ABANDON,  OR
 OTHERWISE DISPOSE OF ANY PROPERTY, REAL, PERSONAL, OR MIXED;
   15. ESTABLISH A BUDGET AND MAKE EXPENDITURES;
   16.  ADOPT A SEAL AND BYLAWS GOVERNING THE MANAGEMENT AND OPERATION OF
 THE INTERSTATE COMMISSION;
   17. REPORT ANNUALLY TO THE LEGISLATURES AND GOVERNORS  OF  THE  MEMBER
 STATES CONCERNING THE ACTIVITIES OF THE INTERSTATE COMMISSION DURING THE
 PRECEDING  YEAR.    SUCH REPORTS SHALL ALSO INCLUDE REPORTS OF FINANCIAL
 AUDITS AND ANY RECOMMENDATIONS THAT MAY HAVE BEEN ADOPTED BY THE  INTER-
 STATE COMMISSION;
   18. COORDINATE EDUCATION, TRAINING, AND PUBLIC AWARENESS REGARDING THE
 COMPACT, ITS IMPLEMENTATION, AND ITS OPERATION;
   19. MAINTAIN RECORDS IN ACCORDANCE WITH THE BYLAWS;
   20. SEEK AND OBTAIN TRADEMARKS, COPYRIGHTS, AND PATENTS; AND
   21.  PERFORM  SUCH  FUNCTIONS  AS  MAY  BE NECESSARY OR APPROPRIATE TO
 ACHIEVE THE PURPOSES OF THE COMPACT.
   § 8873. FINANCE POWERS. 1. THE INTERSTATE COMMISSION MAY LEVY  ON  AND
 COLLECT AN ANNUAL ASSESSMENT FROM EACH MEMBER STATE TO COVER THE COST OF
 THE  OPERATIONS  AND  ACTIVITIES  OF  THE  INTERSTATE COMMISSION AND ITS
 STAFF. THE TOTAL ASSESSMENT MUST BE SUFFICIENT TO COVER THE ANNUAL BUDG-
 ET APPROVED EACH YEAR FOR WHICH REVENUE IS NOT PROVIDED BY OTHER  SOURC-
 ES.  THE  AGGREGATE  ANNUAL  ASSESSMENT AMOUNT SHALL BE ALLOCATED UPON A
 FORMULA TO BE DETERMINED  BY  THE  INTERSTATE  COMMISSION,  WHICH  SHALL
 PROMULGATE A RULE BINDING UPON ALL MEMBER STATES.
   2.  THE  INTERSTATE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND
 PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE SAME.
   3. THE INTERSTATE COMMISSION SHALL NOT PLEDGE THE CREDIT OF ANY OF THE
 MEMBER STATES, EXCEPT BY, AND WITH THE AUTHORITY OF, THE MEMBER STATE.
 S. 8007                            14                            A. 9007
 
   4. THE INTERSTATE COMMISSION SHALL BE SUBJECT TO  A  YEARLY  FINANCIAL
 AUDIT  CONDUCTED  BY  A  CERTIFIED OR LICENSED PUBLIC ACCOUNTANT AND THE
 REPORT OF THE AUDIT SHALL BE INCLUDED IN THE ANNUAL REPORT OF THE INTER-
 STATE COMMISSION.
   § 8874. ORGANIZATION  AND  OPERATION  OF THE INTERSTATE COMMISSION. 1.
 THE INTERSTATE COMMISSION SHALL, BY A MAJORITY OF COMMISSIONERS  PRESENT
 AND  VOTING,  ADOPT  BYLAWS TO GOVERN ITS CONDUCT AS MAY BE NECESSARY OR
 APPROPRIATE TO CARRY OUT THE  PURPOSES  OF  THE  COMPACT  WITHIN  TWELVE
 MONTHS OF THE FIRST INTERSTATE COMMISSION MEETING.
   2.  THE  INTERSTATE  COMMISSION  SHALL  ELECT OR APPOINT ANNUALLY FROM
 AMONG ITS COMMISSIONERS A CHAIRPERSON, A VICE-CHAIRPERSON, AND A  TREAS-
 URER, EACH OF WHOM SHALL HAVE SUCH AUTHORITY AND DUTIES AS MAY BE SPECI-
 FIED  IN THE BYLAWS. THE CHAIRPERSON, OR IN THE CHAIRPERSON'S ABSENCE OR
 DISABILITY, THE VICE-CHAIRPERSON, SHALL PRESIDE AT ALL MEETINGS  OF  THE
 INTERSTATE COMMISSION.
   3. OFFICERS SELECTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL
 SERVE WITHOUT REMUNERATION FROM THE INTERSTATE COMMISSION.
   4.  THE  OFFICERS  AND EMPLOYEES OF THE INTERSTATE COMMISSION SHALL BE
 IMMUNE FROM SUIT AND LIABILITY, EITHER PERSONALLY OR IN  THEIR  OFFICIAL
 CAPACITY,  FOR  A  CLAIM  FOR  DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL
 INJURY OR OTHER CIVIL LIABILITY CAUSED OR ARISING OUT  OF,  OR  RELATING
 TO,  AN ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED, OR THAT
 SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING  OCCURRED,  WITHIN  THE
 SCOPE  OF INTERSTATE COMMISSION EMPLOYMENT, DUTIES, OR RESPONSIBILITIES;
 PROVIDED THAT SUCH PERSON SHALL NOT BE PROTECTED FROM SUIT OR  LIABILITY
 FOR  DAMAGE,  LOSS,  INJURY,  OR  LIABILITY CAUSED BY THE INTENTIONAL OR
 WILLFUL AND WANTON MISCONDUCT OF SUCH PERSON.
   (A) THE LIABILITY OF THE  EXECUTIVE  DIRECTOR  AND  EMPLOYEES  OF  THE
 INTERSTATE  COMMISSION  OR REPRESENTATIVES OF THE INTERSTATE COMMISSION,
 ACTING WITHIN THE SCOPE OF SUCH PERSON'S EMPLOYMENT OR DUTIES FOR  ACTS,
 ERRORS,  OR  OMISSIONS  OCCURRING  WITHIN  SUCH  PERSON'S STATE, MAY NOT
 EXCEED THE LIMITS OF LIABILITY SET FORTH UNDER THE CONSTITUTION AND LAWS
 OF THAT STATE FOR STATE OFFICIALS, EMPLOYEES, AND AGENTS. THE INTERSTATE
 COMMISSION IS CONSIDERED TO BE AN INSTRUMENTALITY OF THE STATES FOR  THE
 PURPOSES  OF  ANY  SUCH  ACTION.    NOTHING  IN  THIS PARAGRAPH SHALL BE
 CONSTRUED TO PROTECT SUCH PERSON FROM  SUIT  OR  LIABILITY  FOR  DAMAGE,
 LOSS,  INJURY,  OR  LIABILITY  CAUSED  BY THE INTENTIONAL OR WILLFUL AND
 WANTON MISCONDUCT OF SUCH PERSON.
   (B) THE INTERSTATE COMMISSION SHALL DEFEND THE EXECUTIVE DIRECTOR, ITS
 EMPLOYEES, AND SUBJECT TO THE APPROVAL OF THE ATTORNEY GENERAL OR  OTHER
 APPROPRIATE  LEGAL  COUNSEL OF THE MEMBER STATE REPRESENTED BY AN INTER-
 STATE COMMISSION REPRESENTATIVE, SHALL DEFEND SUCH INTERSTATE COMMISSION
 REPRESENTATIVE IN ANY CIVIL ACTION SEEKING TO IMPOSE  LIABILITY  ARISING
 OUT  OF AN ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT OCCURRED WITHIN
 THE SCOPE OF INTERSTATE COMMISSION EMPLOYMENT,  DUTIES  OR  RESPONSIBIL-
 ITIES,  OR  THAT  THE  DEFENDANT  HAD  A  REASONABLE BASIS FOR BELIEVING
 OCCURRED WITHIN THE SCOPE OF INTERSTATE COMMISSION  EMPLOYMENT,  DUTIES,
 OR  RESPONSIBILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED ACT, ERROR, OR
 OMISSION DID NOT RESULT FROM INTENTIONAL OR WILLFUL AND  WANTON  MISCON-
 DUCT ON THE PART OF SUCH PERSON.
   (C)  TO THE EXTENT NOT COVERED BY THE STATE INVOLVED, MEMBER STATE, OR
 THE INTERSTATE COMMISSION,  THE  REPRESENTATIVES  OR  EMPLOYEES  OF  THE
 INTERSTATE  COMMISSION SHALL BE HELD HARMLESS IN THE AMOUNT OF A SETTLE-
 MENT OR JUDGMENT, INCLUDING ATTORNEY'S FEES AND COSTS, OBTAINED  AGAINST
 SUCH PERSONS ARISING OUT OF AN ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION
 THAT  OCCURRED  WITHIN  THE  SCOPE  OF INTERSTATE COMMISSION EMPLOYMENT,
 S. 8007                            15                            A. 9007
 
 DUTIES, OR RESPONSIBILITIES, OR THAT SUCH PERSONS HAD A REASONABLE BASIS
 FOR BELIEVING OCCURRED WITHIN THE SCOPE OF INTERSTATE COMMISSION EMPLOY-
 MENT, DUTIES, OR RESPONSIBILITIES, PROVIDED THAT THE ACTUAL  OR  ALLEGED
 ACT,  ERROR,  OR OMISSION DID NOT RESULT FROM INTENTIONAL OR WILLFUL AND
 WANTON MISCONDUCT ON THE PART OF SUCH PERSONS.
   § 8875. RULEMAKING FUNCTIONS OF THE INTERSTATE  COMMISSION.  1.    THE
 INTERSTATE  COMMISSION  SHALL  PROMULGATE  REASONABLE  RULES IN ORDER TO
 EFFECTIVELY  AND  EFFICIENTLY  ACHIEVE  THE  PURPOSES  OF  THE  COMPACT.
 NOTWITHSTANDING  THE  FOREGOING,  IN THE EVENT THE INTERSTATE COMMISSION
 EXERCISES ITS RULEMAKING AUTHORITY IN A MANNER THAT IS BEYOND THE  SCOPE
 OF  THE  PURPOSES  OF THE COMPACT, OR THE POWERS GRANTED HEREUNDER, THEN
 SUCH AN ACTION BY THE INTERSTATE COMMISSION SHALL BE INVALID AND HAVE NO
 FORCE OR EFFECT.
   2. RULES DEEMED APPROPRIATE  FOR  THE  OPERATIONS  OF  THE  INTERSTATE
 COMMISSION  SHALL BE MADE PURSUANT TO A RULEMAKING PROCESS THAT SUBSTAN-
 TIALLY CONFORMS TO THE FEDERAL MODEL STATE ADMINISTRATIVE PROCEDURE  ACT
 OF 2010, AND SUBSEQUENT AMENDMENTS THERETO.
   3.  NOT LATER THAN THIRTY DAYS AFTER A RULE IS PROMULGATED, ANY PERSON
 MAY FILE A PETITION FOR JUDICIAL REVIEW OF THE RULE IN THE UNITED STATES
 DISTRICT COURT FOR THE DISTRICT OF  COLUMBIA  OR  THE  FEDERAL  DISTRICT
 WHERE THE INTERSTATE COMMISSION HAS ITS PRINCIPAL OFFICES, PROVIDED THAT
 THE  FILING  OF  SUCH A PETITION SHALL NOT STAY OR OTHERWISE PREVENT THE
 RULE FROM BECOMING EFFECTIVE UNLESS THE COURT FINDS THAT THE  PETITIONER
 HAS  A SUBSTANTIAL LIKELIHOOD OF SUCCESS. THE COURT SHALL GIVE DEFERENCE
 TO THE ACTIONS OF THE INTERSTATE COMMISSION CONSISTENT  WITH  APPLICABLE
 LAW  AND SHALL NOT FIND THE RULE TO BE UNLAWFUL IF THE RULE REPRESENTS A
 REASONABLE EXERCISE OF THE AUTHORITY GRANTED TO THE  INTERSTATE  COMMIS-
 SION.
   § 8876. OVERSIGHT  OF  INTERSTATE  COMPACT. 1. THE EXECUTIVE, LEGISLA-
 TIVE, AND JUDICIAL BRANCHES OF STATE GOVERNMENT  IN  EACH  MEMBER  STATE
 SHALL  ENFORCE  THE  COMPACT  AND  SHALL  TAKE ALL ACTIONS NECESSARY AND
 APPROPRIATE  TO  EFFECTUATE  THE  COMPACT'S  PURPOSES  AND  INTENT.  THE
 PROVISIONS OF THE COMPACT AND THE RULES PROMULGATED HEREUNDER SHALL HAVE
 STANDING AS STATUTORY LAW BUT SHALL NOT OVERRIDE EXISTING STATE AUTHORI-
 TY TO REGULATE THE PRACTICE OF MEDICINE.
   2.  ALL COURTS SHALL TAKE JUDICIAL NOTICE OF THE COMPACT AND THE RULES
 IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING IN A MEMBER STATE  PERTAIN-
 ING  TO  THE  SUBJECT MATTER OF THE COMPACT WHICH MAY AFFECT THE POWERS,
 RESPONSIBILITIES OR ACTIONS OF THE INTERSTATE COMMISSION.
   3. THE INTERSTATE COMMISSION SHALL BE ENTITLED TO RECEIVE ALL  SERVICE
 OF  PROCESS IN ANY SUCH PROCEEDING, AND SHALL HAVE STANDING TO INTERVENE
 IN THE PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE SERVICE OF  PROC-
 ESS  TO  THE INTERSTATE COMMISSION SHALL RENDER A JUDGMENT OR ORDER VOID
 AS TO THE INTERSTATE COMMISSION, THE COMPACT, OR PROMULGATED RULES.
   § 8877. ENFORCEMENT OF INTERSTATE COMPACT. 1. THE  INTERSTATE  COMMIS-
 SION,  IN  THE  REASONABLE EXERCISE OF ITS DISCRETION, SHALL ENFORCE THE
 PROVISIONS AND RULES OF THE COMPACT.
   2. THE INTERSTATE COMMISSION MAY, BY MAJORITY VOTE OF THE  COMMISSION-
 ERS,  INITIATE  LEGAL ACTION IN THE UNITED STATES DISTRICT COURT FOR THE
 DISTRICT OF COLUMBIA, OR, AT THE DISCRETION OF  THE  INTERSTATE  COMMIS-
 SION,  IN  THE  FEDERAL DISTRICT WHERE THE INTERSTATE COMMISSION HAS ITS
 PRINCIPAL OFFICES, TO ENFORCE COMPLIANCE  WITH  THE  PROVISIONS  OF  THE
 COMPACT, AND ITS PROMULGATED RULES AND BYLAWS, AGAINST A MEMBER STATE IN
 DEFAULT.  THE  RELIEF  SOUGHT  MAY  INCLUDE  BOTH  INJUNCTIVE RELIEF AND
 DAMAGES. IN THE EVENT JUDICIAL ENFORCEMENT IS NECESSARY, THE  PREVAILING
 S. 8007                            16                            A. 9007
 
 PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION INCLUDING REASONABLE
 ATTORNEY'S FEES.
   3.  THE  REMEDIES  HEREIN  SHALL  NOT BE THE EXCLUSIVE REMEDIES OF THE
 INTERSTATE COMMISSION.  THE INTERSTATE COMMISSION MAY  AVAIL  ITSELF  OF
 ANY  OTHER  REMEDIES  AVAILABLE  UNDER  STATE LAW OR THE REGULATION OF A
 PROFESSION.
   § 8878. DEFAULT PROCEDURES. 1. THE GROUNDS FOR  DEFAULT  INCLUDE,  BUT
 ARE  NOT  LIMITED  TO,  FAILURE  OF A MEMBER STATE TO PERFORM SUCH OBLI-
 GATIONS OR RESPONSIBILITIES IMPOSED UPON IT BY THE COMPACT, OR THE RULES
 AND BYLAWS OF THE INTERSTATE COMMISSION PROMULGATED UNDER THE COMPACT.
   2. IF THE INTERSTATE COMMISSION DETERMINES THAT  A  MEMBER  STATE  HAS
 DEFAULTED  IN  THE  PERFORMANCE  OF  ITS OBLIGATIONS OR RESPONSIBILITIES
 UNDER THE COMPACT, OR THE BYLAWS OR PROMULGATED  RULES,  THE  INTERSTATE
 COMMISSION SHALL:
   (A)  PROVIDE  WRITTEN  NOTICE TO THE DEFAULTING STATE AND OTHER MEMBER
 STATES, OF THE NATURE OF THE DEFAULT, THE MEANS OF CURING  THE  DEFAULT,
 AND  ANY  ACTION  TAKEN  BY  THE INTERSTATE COMMISSION.   THE INTERSTATE
 COMMISSION SHALL SPECIFY THE CONDITIONS BY WHICH  THE  DEFAULTING  STATE
 MUST CURE ITS DEFAULT; AND
   (B)  PROVIDE  REMEDIAL  TRAINING  AND  SPECIFIC  TECHNICAL  ASSISTANCE
 REGARDING THE DEFAULT.
   3. IF THE DEFAULTING STATE FAILS TO CURE THE DEFAULT,  THE  DEFAULTING
 STATE SHALL BE TERMINATED FROM THE COMPACT UPON AN AFFIRMATIVE VOTE OF A
 MAJORITY  OF  THE COMMISSIONERS AND ALL RIGHTS, PRIVILEGES, AND BENEFITS
 CONFERRED BY THE COMPACT SHALL TERMINATE ON THE EFFECTIVE DATE OF TERMI-
 NATION. A CURE OF THE DEFAULT DOES NOT RELIEVE THE  OFFENDING  STATE  OF
 OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF THE DEFAULT.
   4.  TERMINATION  OF  MEMBERSHIP  IN  THE COMPACT SHALL BE IMPOSED ONLY
 AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE BEEN EXHAUSTED. NOTICE
 OF INTENT TO TERMINATE SHALL BE GIVEN BY THE  INTERSTATE  COMMISSION  TO
 THE  GOVERNOR,  THE  MAJORITY  AND  MINORITY  LEADERS  OF THE DEFAULTING
 STATE'S LEGISLATURE, AND EACH OF THE MEMBER STATES.
   5. THE INTERSTATE COMMISSION SHALL ESTABLISH RULES AND  PROCEDURES  TO
 ADDRESS  LICENSES  AND  PHYSICIANS  THAT  ARE MATERIALLY IMPACTED BY THE
 TERMINATION OF A MEMBER STATE, OR THE WITHDRAWAL OF A MEMBER STATE.
   6. THE MEMBER STATE WHICH HAS BEEN TERMINATED IS RESPONSIBLE  FOR  ALL
 DUES,  OBLIGATIONS,  AND LIABILITIES INCURRED THROUGH THE EFFECTIVE DATE
 OF TERMINATION INCLUDING OBLIGATIONS, THE PERFORMANCE OF  WHICH  EXTENDS
 BEYOND THE EFFECTIVE DATE OF TERMINATION.
   7.  THE INTERSTATE COMMISSION SHALL NOT BEAR ANY COSTS RELATING TO ANY
 STATE THAT HAS BEEN FOUND TO BE IN DEFAULT OR WHICH HAS BEEN  TERMINATED
 FROM  THE  COMPACT,  UNLESS  OTHERWISE  MUTUALLY  AGREED UPON IN WRITING
 BETWEEN THE INTERSTATE COMMISSION AND THE DEFAULTING STATE.
   8. THE DEFAULTING STATE  MAY  APPEAL  THE  ACTION  OF  THE  INTERSTATE
 COMMISSION  BY  PETITIONING  THE  UNITED  STATES  DISTRICT COURT FOR THE
 DISTRICT OF COLUMBIA  OR  THE  FEDERAL  DISTRICT  WHERE  THE  INTERSTATE
 COMMISSION  HAS  ITS  PRINCIPAL  OFFICES.  THE PREVAILING PARTY SHALL BE
 AWARDED ALL COSTS OF SUCH  LITIGATION  INCLUDING  REASONABLE  ATTORNEY'S
 FEES.
   § 8879. DISPUTE   RESOLUTION.   1.  THE  INTERSTATE  COMMISSION  SHALL
 ATTEMPT, UPON THE REQUEST OF A MEMBER STATE, TO RESOLVE  DISPUTES  WHICH
 ARE  SUBJECT  TO  THE COMPACT AND WHICH MAY ARISE AMONG MEMBER STATES OR
 MEMBER BOARDS.
   2. THE INTERSTATE COMMISSION SHALL PROMULGATE RULES PROVIDING FOR BOTH
 MEDIATION AND BINDING DISPUTE RESOLUTION AS APPROPRIATE.
 S. 8007                            17                            A. 9007

   § 8880. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT. 1. ANY  STATE  IS
 ELIGIBLE TO BECOME A MEMBER STATE OF THE COMPACT.
   2.  THE  COMPACT  SHALL  BECOME EFFECTIVE AND BINDING UPON LEGISLATIVE
 ENACTMENT OF THE COMPACT INTO LAW BY NO LESS THAN SEVEN  STATES.  THERE-
 AFTER,  IT  SHALL BECOME EFFECTIVE AND BINDING ON A STATE UPON ENACTMENT
 OF THE COMPACT INTO LAW BY THAT STATE.
   3. THE GOVERNORS OF NON-MEMBER STATES, OR THEIR  DESIGNEES,  SHALL  BE
 INVITED TO PARTICIPATE IN THE ACTIVITIES OF THE INTERSTATE COMMISSION ON
 A NON-VOTING BASIS PRIOR TO ADOPTION OF THE COMPACT BY ALL STATES.
   4. THE INTERSTATE COMMISSION MAY PROPOSE AMENDMENTS TO THE COMPACT FOR
 ENACTMENT  BY THE MEMBER STATES. NO AMENDMENT SHALL BECOME EFFECTIVE AND
 BINDING UPON THE INTERSTATE COMMISSION AND THE MEMBER STATES UNLESS  AND
 UNTIL IT IS ENACTED INTO LAW BY UNANIMOUS CONSENT OF THE MEMBER STATES.
   § 8881. WITHDRAWAL.  1.  ONCE EFFECTIVE, THE COMPACT SHALL CONTINUE IN
 FORCE AND REMAIN BINDING UPON EACH AND EVERY MEMBER STATE; PROVIDED THAT
 A MEMBER STATE MAY WITHDRAW FROM THE COMPACT BY  SPECIFICALLY  REPEALING
 THE STATUTE WHICH ENACTED THE COMPACT INTO LAW.
   2.  WITHDRAWAL FROM THE COMPACT SHALL BE BY THE ENACTMENT OF A STATUTE
 REPEALING THE SAME, BUT SHALL NOT TAKE EFFECT UNTIL ONE YEAR  AFTER  THE
 EFFECTIVE  DATE  OF  SUCH  STATUTE AND UNTIL WRITTEN NOTICE OF THE WITH-
 DRAWAL HAS BEEN GIVEN BY THE WITHDRAWING STATE TO THE GOVERNOR  OF  EACH
 OTHER MEMBER STATE.
   3.  THE  WITHDRAWING STATE SHALL IMMEDIATELY NOTIFY THE CHAIRPERSON OF
 THE INTERSTATE COMMISSION IN WRITING UPON  THE  INTRODUCTION  OF  LEGIS-
 LATION REPEALING THE COMPACT IN THE WITHDRAWING STATE.
   4.  THE  INTERSTATE COMMISSION SHALL NOTIFY THE OTHER MEMBER STATES OF
 THE WITHDRAWING STATE'S INTENT TO WITHDRAW  WITHIN  SIXTY  DAYS  OF  ITS
 RECEIPT OF NOTICE PROVIDED UNDER SUBDIVISION THREE OF THIS SECTION.
   5.  THE WITHDRAWING STATE IS RESPONSIBLE FOR ALL DUES, OBLIGATIONS AND
 LIABILITIES INCURRED THROUGH THE EFFECTIVE DATE OF WITHDRAWAL, INCLUDING
 OBLIGATIONS, THE PERFORMANCE OF WHICH EXTEND BEYOND THE  EFFECTIVE  DATE
 OF WITHDRAWAL.
   6.  REINSTATEMENT  FOLLOWING  WITHDRAWAL OF A MEMBER STATE SHALL OCCUR
 UPON THE WITHDRAWING STATE REENACTING THE COMPACT  OR  UPON  SUCH  LATER
 DATE AS DETERMINED BY THE INTERSTATE COMMISSION.
   7. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES TO ADDRESS
 THE  IMPACT  OF  THE WITHDRAWAL OF A MEMBER STATE ON LICENSES GRANTED IN
 OTHER MEMBER STATES TO PHYSICIANS WHO DESIGNATED THE WITHDRAWING  MEMBER
 STATE AS THE STATE OF PRINCIPAL LICENSE.
   § 8882. DISSOLUTION.  1. THE COMPACT SHALL DISSOLVE EFFECTIVE UPON THE
 DATE OF THE WITHDRAWAL OR DEFAULT OF THE MEMBER STATE WHICH REDUCES  THE
 MEMBERSHIP IN THE COMPACT TO ONE MEMBER STATE.
   2.  UPON  THE DISSOLUTION OF THE COMPACT, THE COMPACT BECOMES NULL AND
 VOID AND SHALL BE OF NO FURTHER FORCE OR EFFECT, AND  THE  BUSINESS  AND
 AFFAIRS  OF  THE  INTERSTATE  COMMISSION  SHALL BE CONCLUDED AND SURPLUS
 FUNDS SHALL BE DISTRIBUTED IN ACCORDANCE WITH THE BYLAWS.
   § 8883. SEVERABILITY  AND  CONSTRUCTION.  1.  THE  PROVISIONS  OF  THE
 COMPACT  SHALL  BE  SEVERABLE,  AND  IF ANY PHRASE, CLAUSE, SENTENCE, OR
 PROVISION IS DEEMED  UNENFORCEABLE,  THE  REMAINING  PROVISIONS  OF  THE
 COMPACT SHALL BE ENFORCEABLE.
   2.  THE  PROVISIONS  OF  THE  COMPACT  SHALL BE LIBERALLY CONSTRUED TO
 EFFECTUATE ITS PURPOSES.
   3. NOTHING IN THE COMPACT SHALL BE CONSTRUED TO PROHIBIT THE  APPLICA-
 BILITY OF OTHER INTERSTATE COMPACTS TO WHICH THE STATES ARE MEMBERS.
 S. 8007                            18                            A. 9007

   § 8884. BINDING EFFECT OF COMPACT AND OTHER LAWS. 1. NOTHING CONTAINED
 IN  THIS  ARTICLE  SHALL  PREVENT  THE ENFORCEMENT OF ANY OTHER LAW OF A
 MEMBER STATE THAT IS NOT INCONSISTENT WITH THE COMPACT.
   2.  ALL LAWS IN A MEMBER STATE IN CONFLICT WITH THE COMPACT ARE SUPER-
 SEDED TO THE EXTENT OF THE CONFLICT.
   3. ALL LAWFUL ACTIONS OF  THE  INTERSTATE  COMMISSION,  INCLUDING  ALL
 RULES  AND  BYLAWS  PROMULGATED  BY THE COMMISSION, ARE BINDING UPON THE
 MEMBER STATES.
   4. ALL AGREEMENTS BETWEEN THE INTERSTATE  COMMISSION  AND  THE  MEMBER
 STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS.
   5.  IN  THE  EVENT  ANY PROVISION OF THE COMPACT EXCEEDS THE CONSTITU-
 TIONAL LIMITS IMPOSED ON THE  LEGISLATURE  OF  ANY  MEMBER  STATE,  SUCH
 PROVISION  SHALL  BE  INEFFECTIVE TO THE EXTENT OF THE CONFLICT WITH THE
 CONSTITUTIONAL PROVISION IN QUESTION IN THAT MEMBER STATE.
   § 2. Article 170 of the education law is renumbered article 171 and  a
 new  article  170  is  added  to title 8 of the education law to read as
 follows:
                                ARTICLE 170
                          NURSE LICENSURE COMPACT
 SECTION 8900. NURSE LICENSURE COMPACT.
         8901. FINDINGS AND DECLARATION OF PURPOSE.
         8902. DEFINITIONS.
         8903. GENERAL PROVISIONS AND JURISDICTION.
         8904. APPLICATIONS FOR LICENSURE IN A PARTY STATE.
         8905. ADDITIONAL AUTHORITIES INVESTED IN PARTY  STATE  LICENSING
                 BOARDS.
         8906. COORDINATED  LICENSURE  INFORMATION SYSTEM AND EXCHANGE OF
                 INFORMATION.
         8907. ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE LICEN-
                 SURE COMPACT ADMINISTRATORS.
         8908. RULEMAKING.
         8909. OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT.
         8910. EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT.
         8911. CONSTRUCTION AND SEVERABILITY.
   § 8900. NURSE LICENSURE COMPACT. THE  NURSE  LICENSE  COMPACT  AS  SET
 FORTH  IN  THE ARTICLE IS HEREBY ADOPTED AND ENTERED INTO WITH ALL PARTY
 STATES JOINING THEREIN.
   § 8901. FINDINGS AND DECLARATION OF PURPOSE  1. FINDINGS.   THE  PARTY
 STATES FIND THAT:
   A.  THE  HEALTH AND SAFETY OF THE PUBLIC ARE AFFECTED BY THE DEGREE OF
 COMPLIANCE WITH AND THE EFFECTIVENESS OF ENFORCEMENT ACTIVITIES  RELATED
 TO STATE NURSE LICENSURE LAWS;
   B.  VIOLATIONS  OF NURSE LICENSURE AND OTHER LAWS REGULATING THE PRAC-
 TICE OF NURSING MAY RESULT IN INJURY OR HARM TO THE PUBLIC;
   C. THE EXPANDED MOBILITY OF NURSES AND THE USE  OF  ADVANCED  COMMUNI-
 CATION  TECHNOLOGIES AS PART OF OUR NATION'S HEALTH CARE DELIVERY SYSTEM
 REQUIRE GREATER COORDINATION AND COOPERATION AMONG STATES IN  THE  AREAS
 OF NURSE LICENSURE AND REGULATION;
   D.  NEW  PRACTICE MODALITIES AND TECHNOLOGY MAKE COMPLIANCE WITH INDI-
 VIDUAL STATE NURSE LICENSURE LAWS DIFFICULT AND COMPLEX;
   E. THE CURRENT SYSTEM OF DUPLICATIVE LICENSURE FOR  NURSES  PRACTICING
 IN  MULTIPLE  STATES  IS  CUMBERSOME  AND  REDUNDANT FOR BOTH NURSES AND
 STATES; AND
   F. UNIFORMITY OF NURSE LICENSURE REQUIREMENTS  THROUGHOUT  THE  STATES
 PROMOTES PUBLIC SAFETY AND PUBLIC HEALTH BENEFITS.
 S. 8007                            19                            A. 9007
 
   2.  DECLARATION  OF  PURPOSE. THE GENERAL PURPOSES OF THIS COMPACT ARE
 TO:
   A.  FACILITATE  THE  STATES'  RESPONSIBILITY  TO  PROTECT THE PUBLIC'S
 HEALTH AND SAFETY;
   B. ENSURE AND ENCOURAGE THE COOPERATION OF PARTY STATES IN  THE  AREAS
 OF NURSE LICENSURE AND REGULATION;
   C.  FACILITATE THE EXCHANGE OF INFORMATION BETWEEN PARTY STATES IN THE
 AREAS OF NURSE REGULATION, INVESTIGATION AND ADVERSE ACTIONS;
   D. PROMOTE COMPLIANCE WITH THE LAWS GOVERNING THE PRACTICE OF  NURSING
 IN EACH JURISDICTION;
   E. INVEST ALL PARTY STATES WITH THE AUTHORITY TO HOLD A NURSE ACCOUNT-
 ABLE  FOR  MEETING  ALL  STATE  PRACTICE  LAWS IN THE STATE IN WHICH THE
 PATIENT IS LOCATED AT THE TIME  CARE  IS  RENDERED  THROUGH  THE  MUTUAL
 RECOGNITION OF PARTY STATE LICENSES;
   F.  DECREASE  REDUNDANCIES  IN THE CONSIDERATION AND ISSUANCE OF NURSE
 LICENSES; AND
   G. PROVIDE OPPORTUNITIES FOR INTERSTATE PRACTICE BY  NURSES  WHO  MEET
 UNIFORM LICENSURE REQUIREMENTS.
   § 8902. DEFINITIONS. 1. DEFINITIONS. AS USED IN THIS COMPACT:
   A.  "ADVERSE  ACTION"  MEANS  ANY  ADMINISTRATIVE, CIVIL, EQUITABLE OR
 CRIMINAL ACTION PERMITTED BY A  STATE'S  LAWS  WHICH  IS  IMPOSED  BY  A
 LICENSING  BOARD  OR  OTHER AUTHORITY AGAINST A NURSE, INCLUDING ACTIONS
 AGAINST AN INDIVIDUAL'S LICENSE OR MULTISTATE LICENSURE  PRIVILEGE  SUCH
 AS  REVOCATION, SUSPENSION, PROBATION, MONITORING OF THE LICENSEE, LIMI-
 TATION ON THE LICENSEE'S PRACTICE, OR ANY OTHER ENCUMBRANCE ON LICENSURE
 AFFECTING A NURSE'S AUTHORIZATION TO PRACTICE, INCLUDING ISSUANCE  OF  A
 CEASE AND DESIST ACTION.
   B.  "ALTERNATIVE  PROGRAM" MEANS A NON-DISCIPLINARY MONITORING PROGRAM
 APPROVED BY A LICENSING BOARD.
   C. "COORDINATED LICENSURE  INFORMATION  SYSTEM"  MEANS  AN  INTEGRATED
 PROCESS  FOR COLLECTING, STORING AND SHARING INFORMATION ON NURSE LICEN-
 SURE AND ENFORCEMENT ACTIVITIES RELATED TO NURSE LICENSURE LAWS THAT  IS
 ADMINISTERED  BY  A NONPROFIT ORGANIZATION COMPOSED OF AND CONTROLLED BY
 LICENSING BOARDS.
   D. "COMMISSION" MEANS THE INTERSTATE  COMMISSION  OF  NURSE  LICENSURE
 COMPACT ADMINISTRATORS.
   E. "CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION" MEANS:
   1.  INVESTIGATIVE INFORMATION THAT A LICENSING BOARD, AFTER A PRELIMI-
 NARY INQUIRY THAT INCLUDES NOTIFICATION AND AN OPPORTUNITY FOR THE NURSE
 TO RESPOND, IF REQUIRED BY STATE LAW,  HAS  REASON  TO  BELIEVE  IS  NOT
 GROUNDLESS AND, IF PROVED TRUE, WOULD INDICATE MORE THAN A MINOR INFRAC-
 TION; OR
   2.  INVESTIGATIVE INFORMATION THAT INDICATES THAT THE NURSE REPRESENTS
 AN IMMEDIATE THREAT TO PUBLIC HEALTH AND SAFETY  REGARDLESS  OF  WHETHER
 THE NURSE HAS BEEN NOTIFIED AND HAD AN OPPORTUNITY TO RESPOND; OR
   3. ANY INFORMATION CONCERNING A NURSE REPORTED TO A LICENSING BOARD BY
 A  HEALTH  CARE  ENTITY,  HEALTH CARE PROFESSIONAL, OR ANY OTHER PERSON,
 WHICH INDICATES THAT THE NURSE DEMONSTRATED AN IMPAIRMENT, GROSS  INCOM-
 PETENCE, OR UNPROFESSIONAL CONDUCT THAT WOULD PRESENT AN IMMINENT DANGER
 TO A PATIENT OR THE PUBLIC HEALTH, SAFETY, OR WELFARE.
   F.  "ENCUMBRANCE"  MEANS A REVOCATION OR SUSPENSION OF, OR ANY LIMITA-
 TION ON, THE FULL AND UNRESTRICTED PRACTICE  OF  NURSING  IMPOSED  BY  A
 LICENSING BOARD.
   G.  "HOME  STATE"  MEANS  THE PARTY STATE WHICH IS THE NURSE'S PRIMARY
 STATE OF RESIDENCE.
 S. 8007                            20                            A. 9007
 
   H. "LICENSING BOARD" MEANS A PARTY STATE'S REGULATORY BODY RESPONSIBLE
 FOR ISSUING NURSE LICENSES.
   I.  "MULTISTATE  LICENSE"  MEANS A LICENSE TO PRACTICE AS A REGISTERED
 NURSE (RN) OR AS A LICENSED PRACTICAL/VOCATIONAL NURSE  (LPN/VN),  WHICH
 IS  ISSUED  BY  A  HOME  STATE LICENSING BOARD, AND WHICH AUTHORIZES THE
 LICENSED NURSE TO PRACTICE IN ALL PARTY STATES UNDER A MULTISTATE LICEN-
 SURE PRIVILEGE.
   J. "MULTISTATE LICENSURE PRIVILEGE" MEANS A LEGAL AUTHORIZATION  ASSO-
 CIATED  WITH  A MULTISTATE LICENSE PERMITTING THE PRACTICE OF NURSING AS
 EITHER A RN OR A LPN/VN IN A REMOTE STATE.
   K. "NURSE" MEANS RN OR LPN/VN, AS THOSE  TERMS  ARE  DEFINED  BY  EACH
 PARTY STATE'S PRACTICE LAWS.
   L. "PARTY STATE" MEANS ANY STATE THAT HAS ADOPTED THIS COMPACT.
   M. "REMOTE STATE" MEANS A PARTY STATE, OTHER THAN THE HOME STATE.
   N.  "SINGLE-STATE  LICENSE"  MEANS  A  NURSE LICENSE ISSUED BY A PARTY
 STATE THAT AUTHORIZES PRACTICE ONLY WITHIN THE ISSUING  STATE  AND  DOES
 NOT  INCLUDE  A  MULTISTATE LICENSURE PRIVILEGE TO PRACTICE IN ANY OTHER
 PARTY STATE.
   O. "STATE" MEANS A STATE, TERRITORY OR POSSESSION OF THE UNITED STATES
 AND THE DISTRICT OF COLUMBIA.
   P. "STATE PRACTICE LAWS" MEANS A PARTY STATE'S LAWS, RULES  AND  REGU-
 LATIONS THAT GOVERN THE PRACTICE OF NURSING, DEFINE THE SCOPE OF NURSING
 PRACTICE,  AND  CREATE  THE METHODS AND GROUNDS FOR IMPOSING DISCIPLINE.
 "STATE PRACTICE LAWS" SHALL NOT INCLUDE REQUIREMENTS NECESSARY TO OBTAIN
 AND RETAIN A LICENSE, EXCEPT FOR QUALIFICATIONS OR REQUIREMENTS  OF  THE
 HOME STATE.
   § 8903. GENERAL PROVISIONS AND JURISDICTION. 1. GENERAL PROVISIONS AND
 JURISDICTION. A. A MULTISTATE LICENSE TO PRACTICE REGISTERED OR LICENSED
 PRACTICAL/VOCATIONAL  NURSING  ISSUED  BY  A HOME STATE TO A RESIDENT IN
 THAT STATE WILL BE RECOGNIZED BY EACH PARTY STATE AS AUTHORIZING A NURSE
 TO  PRACTICE  AS  A   REGISTERED   NURSE   (RN)   OR   AS   A   LICENSED
 PRACTICAL/VOCATIONAL NURSE (LPN/VN), UNDER A MULTISTATE LICENSURE PRIVI-
 LEGE, IN EACH PARTY STATE.
   B.  A  STATE  SHALL  IMPLEMENT PROCEDURES FOR CONSIDERING THE CRIMINAL
 HISTORY RECORDS OF APPLICANTS  FOR  AN  INITIAL  MULTISTATE  LICENSE  OR
 LICENSURE  BY  ENDORSEMENT. SUCH PROCEDURES SHALL INCLUDE THE SUBMISSION
 OF FINGERPRINTS OR OTHER BIOMETRIC-BASED INFORMATION BY  APPLICANTS  FOR
 THE PURPOSE OF OBTAINING AN APPLICANT'S CRIMINAL HISTORY RECORD INFORMA-
 TION FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE
 FOR RETAINING THAT STATE'S CRIMINAL RECORDS.
   C.  EACH PARTY STATE SHALL REQUIRE ITS LICENSING BOARD TO AUTHORIZE AN
 APPLICANT TO OBTAIN OR RETAIN A MULTISTATE LICENSE  IN  THE  HOME  STATE
 ONLY IF THE APPLICANT:
   I.  MEETS  THE HOME STATE'S QUALIFICATIONS FOR LICENSURE OR RENEWAL OF
 LICENSURE, AND COMPLIES WITH ALL OTHER APPLICABLE STATE LAWS;
   II. (1) HAS GRADUATED OR IS ELIGIBLE  TO  GRADUATE  FROM  A  LICENSING
 BOARD-APPROVED RN OR LPN/VN PRELICENSURE EDUCATION PROGRAM; OR
   (2)  HAS  GRADUATED FROM A FOREIGN RN OR LPN/VN PRELICENSURE EDUCATION
 PROGRAM THAT HAS BEEN: (A) APPROVED BY THE AUTHORIZED  ACCREDITING  BODY
 IN  THE  APPLICABLE  COUNTRY, AND (B) VERIFIED BY AN INDEPENDENT CREDEN-
 TIALS REVIEW AGENCY TO BE COMPARABLE TO A LICENSING BOARD-APPROVED PREL-
 ICENSURE EDUCATION PROGRAM;
   III. HAS, IF A GRADUATE OF A FOREIGN  PRELICENSURE  EDUCATION  PROGRAM
 NOT  TAUGHT  IN  ENGLISH  OR  IF  ENGLISH IS NOT THE INDIVIDUAL'S NATIVE
 LANGUAGE, SUCCESSFULLY PASSED AN ENGLISH  PROFICIENCY  EXAMINATION  THAT
 INCLUDES THE COMPONENTS OF READING, SPEAKING, WRITING AND LISTENING;
 S. 8007                            21                            A. 9007
 
   IV.  HAS  SUCCESSFULLY  PASSED  AN NCLEX-RN OR NCLEX-PN EXAMINATION OR
 RECOGNIZED PREDECESSOR, AS APPLICABLE;
   V. IS ELIGIBLE FOR OR HOLDS AN ACTIVE, UNENCUMBERED LICENSE;
   VI.  HAS  SUBMITTED,  IN  CONNECTION  WITH  AN APPLICATION FOR INITIAL
 LICENSURE OR LICENSURE BY ENDORSEMENT, FINGERPRINTS OR  OTHER  BIOMETRIC
 DATA  FOR  THE  PURPOSE OF OBTAINING CRIMINAL HISTORY RECORD INFORMATION
 FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE  FOR
 RETAINING THAT STATE'S CRIMINAL RECORDS;
   VII.  HAS  NOT  BEEN CONVICTED OR FOUND GUILTY, OR HAS ENTERED INTO AN
 AGREED DISPOSITION, OF A FELONY OFFENSE UNDER APPLICABLE STATE OR FEDER-
 AL CRIMINAL LAW;
   VIII. HAS NOT BEEN CONVICTED OR FOUND GUILTY, OR HAS ENTERED  INTO  AN
 AGREED  DISPOSITION, OF A MISDEMEANOR OFFENSE RELATED TO THE PRACTICE OF
 NURSING AS DETERMINED ON A CASE-BY-CASE BASIS;
   IX. IS NOT CURRENTLY ENROLLED IN AN ALTERNATIVE PROGRAM;
   X.  IS  SUBJECT  TO  SELF-DISCLOSURE  REQUIREMENTS  REGARDING  CURRENT
 PARTICIPATION IN AN ALTERNATIVE PROGRAM; AND
   XI. HAS A VALID UNITED STATES SOCIAL SECURITY NUMBER.
   D.  ALL  PARTY STATES SHALL BE AUTHORIZED, IN ACCORDANCE WITH EXISTING
 STATE DUE PROCESS LAW, TO TAKE ADVERSE ACTION AGAINST A  NURSE'S  MULTI-
 STATE  LICENSURE  PRIVILEGE SUCH AS REVOCATION, SUSPENSION, PROBATION OR
 ANY OTHER ACTION THAT AFFECTS A NURSE'S AUTHORIZATION TO PRACTICE  UNDER
 A MULTISTATE LICENSURE PRIVILEGE, INCLUDING CEASE AND DESIST ACTIONS. IF
 A  PARTY  STATE TAKES SUCH ACTION, IT SHALL PROMPTLY NOTIFY THE ADMINIS-
 TRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM. THE  ADMINISTRA-
 TOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM SHALL PROMPTLY NOTI-
 FY THE HOME STATE OF ANY SUCH ACTIONS BY REMOTE STATES.
   E.  A  NURSE  PRACTICING  IN A PARTY STATE SHALL COMPLY WITH THE STATE
 PRACTICE LAWS OF THE STATE IN WHICH THE CLIENT IS LOCATED  AT  THE  TIME
 SERVICE  IS  PROVIDED. THE PRACTICE OF NURSING IS NOT LIMITED TO PATIENT
 CARE BUT SHALL INCLUDE ALL NURSING PRACTICE  AS  DEFINED  BY  THE  STATE
 PRACTICE  LAWS  OF  THE  PARTY STATE IN WHICH THE CLIENT IS LOCATED. THE
 PRACTICE OF NURSING IN A PARTY STATE UNDER A MULTISTATE LICENSURE PRIVI-
 LEGE WILL SUBJECT A NURSE TO THE JURISDICTION OF  THE  LICENSING  BOARD,
 THE  COURTS  AND  THE  LAWS  OF  THE  PARTY STATE IN WHICH THE CLIENT IS
 LOCATED AT THE TIME SERVICE IS PROVIDED.
   F. INDIVIDUALS NOT RESIDING IN A PARTY STATE SHALL CONTINUE TO BE ABLE
 TO APPLY FOR A PARTY STATE'S SINGLE-STATE LICENSE AS PROVIDED UNDER  THE
 LAWS  OF  EACH PARTY STATE. HOWEVER, THE SINGLE-STATE LICENSE GRANTED TO
 THESE INDIVIDUALS WILL NOT BE RECOGNIZED AS GRANTING  THE  PRIVILEGE  TO
 PRACTICE NURSING IN ANY OTHER PARTY STATE. NOTHING IN THIS COMPACT SHALL
 AFFECT THE REQUIREMENTS ESTABLISHED BY A PARTY STATE FOR THE ISSUANCE OF
 A SINGLE-STATE LICENSE.
   G. ANY NURSE HOLDING A HOME STATE MULTISTATE LICENSE, ON THE EFFECTIVE
 DATE OF THIS COMPACT, MAY RETAIN AND RENEW THE MULTISTATE LICENSE ISSUED
 BY THE NURSE'S THEN-CURRENT HOME STATE, PROVIDED THAT:
   I.  A  NURSE,  WHO  CHANGES  PRIMARY  STATE  OF  RESIDENCE  AFTER THIS
 COMPACT'S EFFECTIVE DATE, SHALL MEET  ALL  APPLICABLE  REQUIREMENTS  SET
 FORTH  IN  THIS  ARTICLE  TO OBTAIN A MULTISTATE LICENSE FROM A NEW HOME
 STATE.
   II. A NURSE WHO FAILS TO SATISFY THE MULTISTATE LICENSURE REQUIREMENTS
 SET FORTH IN THIS ARTICLE DUE TO A DISQUALIFYING EVENT  OCCURRING  AFTER
 THIS  COMPACT'S  EFFECTIVE DATE SHALL BE INELIGIBLE TO RETAIN OR RENEW A
 MULTISTATE LICENSE, AND THE NURSE'S MULTISTATE LICENSE SHALL BE  REVOKED
 OR  DEACTIVATED  IN  ACCORDANCE  WITH  APPLICABLE  RULES  ADOPTED BY THE
 COMMISSION.
 S. 8007                            22                            A. 9007
 
   § 8904. APPLICATIONS FOR LICENSURE IN A PARTY STATE.  1.  APPLICATIONS
 FOR  LICENSURE  IN  A  PARTY STATE. A. UPON APPLICATION FOR A MULTISTATE
 LICENSE, THE LICENSING BOARD IN THE ISSUING PARTY STATE SHALL ASCERTAIN,
 THROUGH THE COORDINATED LICENSURE INFORMATION SYSTEM, WHETHER THE APPLI-
 CANT  HAS  EVER HELD, OR IS THE HOLDER OF, A LICENSE ISSUED BY ANY OTHER
 STATE, WHETHER THERE ARE ANY ENCUMBRANCES ON ANY LICENSE  OR  MULTISTATE
 LICENSURE  PRIVILEGE  HELD  BY THE APPLICANT, WHETHER ANY ADVERSE ACTION
 HAS BEEN TAKEN AGAINST ANY LICENSE  OR  MULTISTATE  LICENSURE  PRIVILEGE
 HELD BY THE APPLICANT AND WHETHER THE APPLICANT IS CURRENTLY PARTICIPAT-
 ING IN AN ALTERNATIVE PROGRAM.
   B. A NURSE MAY HOLD A MULTISTATE LICENSE, ISSUED BY THE HOME STATE, IN
 ONLY ONE PARTY STATE AT A TIME.
   C. IF A NURSE CHANGES PRIMARY STATE OF RESIDENCE BY MOVING BETWEEN TWO
 PARTY  STATES, THE NURSE MUST APPLY FOR LICENSURE IN THE NEW HOME STATE,
 AND THE MULTISTATE LICENSE ISSUED BY THE PRIOR HOME STATE WILL BE  DEAC-
 TIVATED IN ACCORDANCE WITH APPLICABLE RULES ADOPTED BY THE COMMISSION.
   I. THE NURSE MAY APPLY FOR LICENSURE IN ADVANCE OF A CHANGE IN PRIMARY
 STATE OF RESIDENCE.
   II.  A  MULTISTATE  LICENSE  SHALL NOT BE ISSUED BY THE NEW HOME STATE
 UNTIL THE NURSE PROVIDES SATISFACTORY EVIDENCE OF A  CHANGE  IN  PRIMARY
 STATE  OF  RESIDENCE  TO THE NEW HOME STATE AND SATISFIES ALL APPLICABLE
 REQUIREMENTS TO OBTAIN A MULTISTATE LICENSE FROM THE NEW HOME STATE.
   D. IF A NURSE CHANGES PRIMARY STATE OF  RESIDENCE  BY  MOVING  FROM  A
 PARTY  STATE  TO A NON-PARTY STATE, THE MULTISTATE LICENSE ISSUED BY THE
 PRIOR HOME STATE WILL CONVERT TO A SINGLE-STATE LICENSE, VALID  ONLY  IN
 THE FORMER HOME STATE.
   § 8905. ADDITIONAL  AUTHORITIES  INVESTED  IN  PARTY  STATE  LICENSING
 BOARDS. 1. LICENSING BOARD AUTHORITY. IN ADDITION TO  THE  OTHER  POWERS
 CONFERRED BY STATE LAW, A LICENSING BOARD SHALL HAVE THE AUTHORITY TO:
   A.  TAKE  ADVERSE ACTION AGAINST A NURSE'S MULTISTATE LICENSURE PRIVI-
 LEGE TO PRACTICE WITHIN THAT PARTY STATE.
   I. ONLY THE HOME STATE SHALL HAVE THE POWER  TO  TAKE  ADVERSE  ACTION
 AGAINST A NURSE'S LICENSE ISSUED BY THE HOME STATE.
   II.  FOR  PURPOSES  OF TAKING ADVERSE ACTION, THE HOME STATE LICENSING
 BOARD SHALL GIVE THE  SAME  PRIORITY  AND  EFFECT  TO  REPORTED  CONDUCT
 RECEIVED  FROM  A  REMOTE STATE AS IT WOULD IF SUCH CONDUCT HAD OCCURRED
 WITHIN THE HOME STATE. IN SO DOING, THE HOME STATE SHALL APPLY  ITS  OWN
 STATE LAWS TO DETERMINE APPROPRIATE ACTION.
   B. ISSUE CEASE AND DESIST ORDERS OR IMPOSE AN ENCUMBRANCE ON A NURSE'S
 AUTHORITY TO PRACTICE WITHIN THAT PARTY STATE.
   C.  COMPLETE ANY PENDING INVESTIGATIONS OF A NURSE WHO CHANGES PRIMARY
 STATE OF RESIDENCE DURING THE COURSE OF SUCH INVESTIGATIONS. THE LICENS-
 ING BOARD SHALL ALSO HAVE THE AUTHORITY TO TAKE  APPROPRIATE  ACTION  OR
 ACTIONS AND SHALL PROMPTLY REPORT THE CONCLUSIONS OF SUCH INVESTIGATIONS
 TO  THE  ADMINISTRATOR  OF THE COORDINATED LICENSURE INFORMATION SYSTEM.
 THE ADMINISTRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM  SHALL
 PROMPTLY NOTIFY THE NEW HOME STATE OF ANY SUCH ACTIONS.
   D.  ISSUE  SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS THAT REQUIRE
 THE ATTENDANCE AND TESTIMONY OF WITNESSES, AS WELL AS THE PRODUCTION  OF
 EVIDENCE. SUBPOENAS ISSUED BY A LICENSING BOARD IN A PARTY STATE FOR THE
 ATTENDANCE AND TESTIMONY OF WITNESSES OR THE PRODUCTION OF EVIDENCE FROM
 ANOTHER  PARTY  STATE SHALL BE ENFORCED IN THE LATTER STATE BY ANY COURT
 OF COMPETENT JURISDICTION, ACCORDING TO THE PRACTICE  AND  PROCEDURE  OF
 THAT  COURT APPLICABLE TO SUBPOENAS ISSUED IN PROCEEDINGS PENDING BEFORE
 IT.  THE ISSUING AUTHORITY SHALL PAY ANY WITNESS FEES, TRAVEL  EXPENSES,
 S. 8007                            23                            A. 9007

 MILEAGE  AND OTHER FEES REQUIRED BY THE SERVICE STATUTES OF THE STATE IN
 WHICH THE WITNESSES OR EVIDENCE ARE LOCATED.
   E.  OBTAIN AND SUBMIT, FOR EACH NURSE LICENSURE APPLICANT, FINGERPRINT
 OR OTHER BIOMETRIC-BASED INFORMATION TO THE FEDERAL BUREAU  OF  INVESTI-
 GATION FOR CRIMINAL BACKGROUND CHECKS, RECEIVE THE RESULTS OF THE FEDER-
 AL  BUREAU  OF INVESTIGATION RECORD SEARCH ON CRIMINAL BACKGROUND CHECKS
 AND USE THE RESULTS IN MAKING LICENSURE DECISIONS.
   F. IF OTHERWISE PERMITTED BY STATE  LAW,  RECOVER  FROM  THE  AFFECTED
 NURSE  THE  COSTS  OF  INVESTIGATIONS AND DISPOSITION OF CASES RESULTING
 FROM ANY ADVERSE ACTION TAKEN AGAINST THAT NURSE.
   G. TAKE ADVERSE ACTION BASED ON THE FACTUAL  FINDINGS  OF  THE  REMOTE
 STATE,  PROVIDED THAT THE LICENSING BOARD FOLLOWS ITS OWN PROCEDURES FOR
 TAKING SUCH ADVERSE ACTION.
   2. ADVERSE ACTIONS. A. IF ADVERSE ACTION IS TAKEN BY  THE  HOME  STATE
 AGAINST  A  NURSE'S MULTISTATE LICENSE, THE NURSE'S MULTISTATE LICENSURE
 PRIVILEGE TO PRACTICE IN ALL OTHER PARTY  STATES  SHALL  BE  DEACTIVATED
 UNTIL  ALL  ENCUMBRANCES  HAVE BEEN REMOVED FROM THE MULTISTATE LICENSE.
 ALL HOME STATE DISCIPLINARY ORDERS THAT IMPOSE ADVERSE ACTION AGAINST  A
 NURSE'S  MULTISTATE  LICENSE  SHALL INCLUDE A STATEMENT THAT THE NURSE'S
 MULTISTATE LICENSURE PRIVILEGE IS DEACTIVATED IN ALL PARTY STATES DURING
 THE PENDENCY OF THE ORDER.
   B. NOTHING IN THIS COMPACT SHALL OVERRIDE  A  PARTY  STATE'S  DECISION
 THAT  PARTICIPATION  IN  AN  ALTERNATIVE  PROGRAM MAY BE USED IN LIEU OF
 ADVERSE ACTION. THE HOME STATE  LICENSING  BOARD  SHALL  DEACTIVATE  THE
 MULTISTATE LICENSURE PRIVILEGE UNDER THE MULTISTATE LICENSE OF ANY NURSE
 FOR THE DURATION OF THE NURSE'S PARTICIPATION IN AN ALTERNATIVE PROGRAM.
   § 8906. COORDINATED  LICENSURE  INFORMATION  SYSTEM  AND  EXCHANGE  OF
 INFORMATION. 1.  COORDINATED LICENSURE INFORMATION SYSTEM  AND  EXCHANGE
 OF  INFORMATION.  A. ALL PARTY STATES SHALL PARTICIPATE IN A COORDINATED
 LICENSURE INFORMATION SYSTEM OF ALL LICENSED REGISTERED NURSES (RNS) AND
 LICENSED  PRACTICAL/VOCATIONAL  NURSES  (LPNS/VNS).  THIS  SYSTEM   WILL
 INCLUDE  INFORMATION  ON  THE LICENSURE AND DISCIPLINARY HISTORY OF EACH
 NURSE, AS SUBMITTED BY PARTY STATES, TO ASSIST IN  THE  COORDINATION  OF
 NURSE LICENSURE AND ENFORCEMENT EFFORTS.
   B. THE COMMISSION, IN CONSULTATION WITH THE ADMINISTRATOR OF THE COOR-
 DINATED  LICENSURE  INFORMATION  SYSTEM,  SHALL  FORMULATE NECESSARY AND
 PROPER PROCEDURES FOR THE IDENTIFICATION,  COLLECTION  AND  EXCHANGE  OF
 INFORMATION UNDER THIS COMPACT.
   C.  ALL  LICENSING  BOARDS  SHALL  PROMPTLY  REPORT TO THE COORDINATED
 LICENSURE INFORMATION SYSTEM ANY ADVERSE ACTION, ANY CURRENT SIGNIFICANT
 INVESTIGATIVE INFORMATION, DENIALS OF APPLICATIONS WITH THE REASONS  FOR
 SUCH  DENIALS  AND  NURSE PARTICIPATION IN ALTERNATIVE PROGRAMS KNOWN TO
 THE LICENSING BOARD REGARDLESS OF WHETHER SUCH PARTICIPATION  IS  DEEMED
 NONPUBLIC OR CONFIDENTIAL UNDER STATE LAW.
   D.  CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION AND PARTICIPATION IN
 NONPUBLIC OR CONFIDENTIAL  ALTERNATIVE  PROGRAMS  SHALL  BE  TRANSMITTED
 THROUGH THE COORDINATED LICENSURE INFORMATION SYSTEM ONLY TO PARTY STATE
 LICENSING BOARDS.
   E. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL PARTY STATE LICENS-
 ING  BOARDS CONTRIBUTING INFORMATION TO THE COORDINATED LICENSURE INFOR-
 MATION SYSTEM MAY DESIGNATE INFORMATION THAT  MAY  NOT  BE  SHARED  WITH
 NON-PARTY  STATES  OR DISCLOSED TO OTHER ENTITIES OR INDIVIDUALS WITHOUT
 THE EXPRESS PERMISSION OF THE CONTRIBUTING STATE.
   F. ANY PERSONALLY IDENTIFIABLE INFORMATION OBTAINED FROM  THE  COORDI-
 NATED  LICENSURE  INFORMATION  SYSTEM  BY  A PARTY STATE LICENSING BOARD
 SHALL NOT BE SHARED WITH NON-PARTY STATES OR DISCLOSED TO OTHER ENTITIES
 S. 8007                            24                            A. 9007
 
 OR INDIVIDUALS EXCEPT TO THE EXTENT PERMITTED BY THE LAWS OF  THE  PARTY
 STATE CONTRIBUTING THE INFORMATION.
   G.  ANY  INFORMATION CONTRIBUTED TO THE COORDINATED LICENSURE INFORMA-
 TION SYSTEM THAT IS SUBSEQUENTLY REQUIRED TO BE EXPUNGED BY THE LAWS  OF
 THE  PARTY  STATE  CONTRIBUTING  THAT INFORMATION SHALL ALSO BE EXPUNGED
 FROM THE COORDINATED LICENSURE INFORMATION SYSTEM.
   H. THE COMPACT ADMINISTRATOR OF  EACH  PARTY  STATE  SHALL  FURNISH  A
 UNIFORM DATA SET TO THE COMPACT ADMINISTRATOR OF EACH OTHER PARTY STATE,
 WHICH SHALL INCLUDE, AT A MINIMUM:
   I. IDENTIFYING INFORMATION;
   II. LICENSURE DATA;
   III. INFORMATION RELATED TO ALTERNATIVE PROGRAM PARTICIPATION; AND
   IV.  OTHER  INFORMATION THAT MAY FACILITATE THE ADMINISTRATION OF THIS
 COMPACT, AS DETERMINED BY COMMISSION RULES.
   I. THE COMPACT ADMINISTRATOR OF A PARTY STATE SHALL PROVIDE ALL INVES-
 TIGATIVE DOCUMENTS AND INFORMATION REQUESTED BY ANOTHER PARTY STATE.
   § 8907. ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE  LICENSURE
 COMPACT ADMINISTRATORS.  1. COMMISSION OF NURSE LICENSURE COMPACT ADMIN-
 ISTRATORS.  THE  PARTY STATES HEREBY CREATE AND ESTABLISH A JOINT PUBLIC
 ENTITY KNOWN AS THE INTERSTATE COMMISSION  OF  NURSE  LICENSURE  COMPACT
 ADMINISTRATORS.  THE  COMMISSION  IS  AN  INSTRUMENTALITY  OF  THE PARTY
 STATES.
   2. VENUE. VENUE IS PROPER, AND JUDICIAL PROCEEDINGS BY OR AGAINST  THE
 COMMISSION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY, IN A COURT OF COMPE-
 TENT  JURISDICTION  WHERE  THE  PRINCIPAL  OFFICE  OF  THE COMMISSION IS
 LOCATED. THE COMMISSION MAY WAIVE VENUE AND JURISDICTIONAL  DEFENSES  TO
 THE  EXTENT  IT ADOPTS OR CONSENTS TO PARTICIPATE IN ALTERNATIVE DISPUTE
 RESOLUTION PROCEEDINGS.
   3. SOVEREIGN IMMUNITY. NOTHING IN THIS COMPACT SHALL BE  CONSTRUED  TO
 BE A WAIVER OF SOVEREIGN IMMUNITY.
   4. MEMBERSHIP, VOTING AND MEETINGS. A. EACH PARTY STATE SHALL HAVE AND
 BE  LIMITED  TO ONE ADMINISTRATOR. THE HEAD OF THE STATE LICENSING BOARD
 OR DESIGNEE SHALL BE THE ADMINISTRATOR OF THIS COMPACT  FOR  EACH  PARTY
 STATE.    ANY  ADMINISTRATOR  MAY BE REMOVED OR SUSPENDED FROM OFFICE AS
 PROVIDED BY THE LAW  OF  THE  STATE  FROM  WHICH  THE  ADMINISTRATOR  IS
 APPOINTED.  ANY  VACANCY  OCCURRING IN THE COMMISSION SHALL BE FILLED IN
 ACCORDANCE WITH THE LAWS OF THE PARTY STATE IN WHICH THE VACANCY EXISTS.
   B. EACH ADMINISTRATOR SHALL BE ENTITLED TO ONE VOTE WITH REGARD TO THE
 PROMULGATION OF RULES AND CREATION OF BYLAWS AND SHALL OTHERWISE HAVE AN
 OPPORTUNITY TO PARTICIPATE IN THE BUSINESS AND AFFAIRS  OF  THE  COMMIS-
 SION.    AN ADMINISTRATOR SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS AS
 PROVIDED IN THE BYLAWS. THE BYLAWS MAY PROVIDE  FOR  AN  ADMINISTRATOR'S
 PARTICIPATION IN MEETINGS BY TELEPHONE OR OTHER MEANS OF COMMUNICATION.
   C.  THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALENDAR YEAR.
 ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN THE BYLAWS OR RULES OF
 THE COMMISSION.
   D. ALL MEETINGS SHALL BE OPEN TO THE  PUBLIC,  AND  PUBLIC  NOTICE  OF
 MEETINGS  SHALL  BE GIVEN IN THE SAME MANNER AS REQUIRED UNDER THE RULE-
 MAKING PROVISIONS IN SECTION EIGHTY-NINE HUNDRED THREE OF THIS ARTICLE.
   5. CLOSED MEETINGS. A. THE COMMISSION MAY CONVENE IN A CLOSED, NONPUB-
 LIC MEETING IF THE COMMISSION SHALL DISCUSS:
   I. NONCOMPLIANCE OF A PARTY STATE  WITH  ITS  OBLIGATIONS  UNDER  THIS
 COMPACT;
   II.  THE  EMPLOYMENT,  COMPENSATION,  DISCIPLINE  OR  OTHER  PERSONNEL
 MATTERS, PRACTICES OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES OR  OTHER
 S. 8007                            25                            A. 9007
 
 MATTERS  RELATED  TO  THE  COMMISSION'S INTERNAL PERSONNEL PRACTICES AND
 PROCEDURES;
   III. CURRENT, THREATENED OR REASONABLY ANTICIPATED LITIGATION;
   IV.  NEGOTIATION  OF  CONTRACTS  FOR  THE  PURCHASE  OR SALE OF GOODS,
 SERVICES OR REAL ESTATE;
   V. ACCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING ANY PERSON;
   VI. DISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL INFORMATION
 THAT IS PRIVILEGED OR CONFIDENTIAL;
   VII. DISCLOSURE OF INFORMATION OF A PERSONAL NATURE  WHERE  DISCLOSURE
 WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
   VIII. DISCLOSURE OF INVESTIGATORY RECORDS COMPILED FOR LAW ENFORCEMENT
 PURPOSES;
   IX. DISCLOSURE OF INFORMATION RELATED TO ANY REPORTS PREPARED BY OR ON
 BEHALF  OF THE COMMISSION FOR THE PURPOSE OF INVESTIGATION OF COMPLIANCE
 WITH THIS COMPACT; OR
   X. MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL  OR  STATE
 STATUTE.
   B.  IF  A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT TO THIS
 PARAGRAPH THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE SHALL CERTIFY  THAT
 THE  MEETING  MAY  BE CLOSED AND SHALL REFERENCE EACH RELEVANT EXEMPTING
 PROVISION. THE COMMISSION SHALL KEEP  MINUTES  THAT  FULLY  AND  CLEARLY
 DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND
 ACCURATE SUMMARY OF ACTIONS TAKEN, AND THE REASONS THEREFOR, INCLUDING A
 DESCRIPTION   OF  THE  VIEWS  EXPRESSED.  ALL  DOCUMENTS  CONSIDERED  IN
 CONNECTION WITH AN ACTION SHALL  BE  IDENTIFIED  IN  SUCH  MINUTES.  ALL
 MINUTES  AND  DOCUMENTS  OF  A  CLOSED  MEETING SHALL REMAIN UNDER SEAL,
 SUBJECT TO RELEASE BY A MAJORITY VOTE OF THE COMMISSION OR  ORDER  OF  A
 COURT OF COMPETENT JURISDICTION.
   C.  THE  COMMISSION  SHALL,  BY A MAJORITY VOTE OF THE ADMINISTRATORS,
 PRESCRIBE BYLAWS OR RULES TO GOVERN ITS CONDUCT AS MAY BE  NECESSARY  OR
 APPROPRIATE  TO  CARRY  OUT THE PURPOSES AND EXERCISE THE POWERS OF THIS
 COMPACT, INCLUDING BUT NOT LIMITED TO:
   I. ESTABLISHING THE FISCAL YEAR OF THE COMMISSION;
   II. PROVIDING REASONABLE STANDARDS AND PROCEDURES:
   (1) FOR THE ESTABLISHMENT AND MEETINGS OF OTHER COMMITTEES; AND
   (2) GOVERNING ANY GENERAL OR SPECIFIC DELEGATION OF ANY  AUTHORITY  OR
 FUNCTION OF THE COMMISSION;
   III.  PROVIDING REASONABLE PROCEDURES FOR CALLING AND CONDUCTING MEET-
 INGS OF THE COMMISSION, ENSURING REASONABLE ADVANCE NOTICE OF ALL  MEET-
 INGS  AND  PROVIDING  AN  OPPORTUNITY FOR ATTENDANCE OF SUCH MEETINGS BY
 INTERESTED PARTIES, WITH ENUMERATED EXCEPTIONS DESIGNED TO  PROTECT  THE
 PUBLIC'S  INTEREST, THE PRIVACY OF INDIVIDUALS, AND PROPRIETARY INFORMA-
 TION, INCLUDING TRADE SECRETS. THE COMMISSION MAY MEET IN CLOSED SESSION
 ONLY AFTER A MAJORITY OF THE ADMINISTRATORS VOTE TO CLOSE A  MEETING  IN
 WHOLE  OR  IN  PART.  AS  SOON  AS PRACTICABLE, THE COMMISSION MUST MAKE
 PUBLIC A COPY OF THE VOTE TO CLOSE THE MEETING  REVEALING  THE  VOTE  OF
 EACH ADMINISTRATOR, WITH NO PROXY VOTES ALLOWED;
   IV.  ESTABLISHING  THE  TITLES,  DUTIES  AND  AUTHORITY AND REASONABLE
 PROCEDURES FOR THE ELECTION OF THE OFFICERS OF THE COMMISSION;
   V. PROVIDING REASONABLE STANDARDS AND PROCEDURES FOR THE ESTABLISHMENT
 OF THE PERSONNEL POLICIES AND PROGRAMS OF THE COMMISSION.  NOTWITHSTAND-
 ING  ANY  CIVIL  SERVICE  OR  OTHER SIMILAR LAWS OF ANY PARTY STATE, THE
 BYLAWS SHALL EXCLUSIVELY GOVERN THE PERSONNEL POLICIES AND  PROGRAMS  OF
 THE COMMISSION; AND
   VI. PROVIDING A MECHANISM FOR WINDING UP THE OPERATIONS OF THE COMMIS-
 SION  AND  THE EQUITABLE DISPOSITION OF ANY SURPLUS FUNDS THAT MAY EXIST
 S. 8007                            26                            A. 9007
 
 AFTER THE TERMINATION OF THIS COMPACT AFTER THE PAYMENT OR RESERVING  OF
 ALL OF ITS DEBTS AND OBLIGATIONS.
   6.  GENERAL PROVISIONS. A. THE COMMISSION SHALL PUBLISH ITS BYLAWS AND
 RULES, AND ANY AMENDMENTS THERETO, IN A CONVENIENT FORM ON  THE  WEBSITE
 OF THE COMMISSION.
   B.  THE  COMMISSION SHALL MAINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE
 WITH THE BYLAWS.
   C. THE COMMISSION SHALL MEET AND TAKE SUCH ACTIONS AS  ARE  CONSISTENT
 WITH THE PROVISIONS OF THIS COMPACT AND THE BYLAWS.
    7.  POWERS OF THE COMMISSION. THE COMMISSION SHALL HAVE THE FOLLOWING
 POWERS:
   A. TO PROMULGATE UNIFORM RULES TO FACILITATE AND COORDINATE  IMPLEMEN-
 TATION  AND  ADMINISTRATION  OF  THIS  COMPACT. THE RULES SHALL HAVE THE
 FORCE AND EFFECT OF LAW AND SHALL BE BINDING IN ALL PARTY STATES;
   B. TO BRING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE NAME  OF
 THE COMMISSION, PROVIDED THAT THE STANDING OF ANY LICENSING BOARD TO SUE
 OR BE SUED UNDER APPLICABLE LAW SHALL NOT BE AFFECTED;
   C. TO PURCHASE AND MAINTAIN INSURANCE AND BONDS;
   D. TO BORROW, ACCEPT OR CONTRACT FOR SERVICES OF PERSONNEL, INCLUDING,
 BUT  NOT  LIMITED  TO, EMPLOYEES OF A PARTY STATE OR NONPROFIT ORGANIZA-
 TIONS;
   E.  TO  COOPERATE  WITH  OTHER  ORGANIZATIONS  THAT  ADMINISTER  STATE
 COMPACTS RELATED TO THE REGULATION OF NURSING, INCLUDING BUT NOT LIMITED
 TO  SHARING  ADMINISTRATIVE  OR  STAFF  EXPENSES,  OFFICE SPACE OR OTHER
 RESOURCES;
   F. TO HIRE EMPLOYEES, ELECT OR  APPOINT  OFFICERS,  FIX  COMPENSATION,
 DEFINE DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE AUTHORITY TO CARRY OUT
 THE  PURPOSES OF THIS COMPACT, AND TO ESTABLISH THE COMMISSION'S PERSON-
 NEL POLICIES AND PROGRAMS RELATING TO CONFLICTS OF INTEREST,  QUALIFICA-
 TIONS OF PERSONNEL AND OTHER RELATED PERSONNEL MATTERS;
   G.  TO  ACCEPT  ANY AND ALL APPROPRIATE DONATIONS, GRANTS AND GIFTS OF
 MONEY, EQUIPMENT, SUPPLIES, MATERIALS  AND  SERVICES,  AND  TO  RECEIVE,
 UTILIZE  AND DISPOSE OF THE SAME; PROVIDED THAT AT ALL TIMES THE COMMIS-
 SION SHALL AVOID ANY APPEARANCE OF IMPROPRIETY OR CONFLICT OF INTEREST;
   H. TO LEASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR  DONATIONS  OF,  OR
 OTHERWISE  TO  OWN,  HOLD,  IMPROVE  OR USE, ANY PROPERTY, WHETHER REAL,
 PERSONAL OR MIXED; PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL AVOID
 ANY APPEARANCE OF IMPROPRIETY;
   I. TO SELL, CONVEY, MORTGAGE,  PLEDGE,  LEASE,  EXCHANGE,  ABANDON  OR
 OTHERWISE DISPOSE OF ANY PROPERTY, WHETHER REAL, PERSONAL OR MIXED;
   J. TO ESTABLISH A BUDGET AND MAKE EXPENDITURES;
   K. TO BORROW MONEY;
   L.  TO  APPOINT COMMITTEES, INCLUDING ADVISORY COMMITTEES COMPRISED OF
 ADMINISTRATORS, STATE NURSING REGULATORS,  STATE  LEGISLATORS  OR  THEIR
 REPRESENTATIVES, AND CONSUMER REPRESENTATIVES, AND OTHER SUCH INTERESTED
 PERSONS;
   M. TO PROVIDE AND RECEIVE INFORMATION FROM, AND TO COOPERATE WITH, LAW
 ENFORCEMENT AGENCIES;
   N. TO ADOPT AND USE AN OFFICIAL SEAL; AND
   O.  TO PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE
 TO ACHIEVE THE PURPOSES OF THIS COMPACT CONSISTENT WITH THE STATE  REGU-
 LATION OF NURSE LICENSURE AND PRACTICE.
   8.  FINANCING  OF  THE  COMMISSION.  A.  THE  COMMISSION SHALL PAY, OR
 PROVIDE FOR THE PAYMENT OF, THE REASONABLE EXPENSES  OF  ITS  ESTABLISH-
 MENT, ORGANIZATION AND ONGOING ACTIVITIES.
 S. 8007                            27                            A. 9007
 
   B.  THE  COMMISSION  MAY ALSO LEVY ON AND COLLECT AN ANNUAL ASSESSMENT
 FROM EACH PARTY STATE TO COVER THE COST OF  ITS  OPERATIONS,  ACTIVITIES
 AND  STAFF  IN  ITS  ANNUAL  BUDGET AS APPROVED EACH YEAR. THE AGGREGATE
 ANNUAL ASSESSMENT AMOUNT, IF ANY, SHALL BE ALLOCATED BASED UPON A FORMU-
 LA  TO  BE  DETERMINED  BY THE COMMISSION, WHICH SHALL PROMULGATE A RULE
 THAT IS BINDING UPON ALL PARTY STATES.
   C. THE COMMISSION SHALL NOT INCUR OBLIGATIONS OF  ANY  KIND  PRIOR  TO
 SECURING  THE  FUNDS ADEQUATE TO MEET THE SAME; NOR SHALL THE COMMISSION
 PLEDGE THE CREDIT OF ANY OF THE PARTY STATES, EXCEPT BY,  AND  WITH  THE
 AUTHORITY OF, SUCH PARTY STATE.
   D.  THE  COMMISSION  SHALL  KEEP ACCURATE ACCOUNTS OF ALL RECEIPTS AND
 DISBURSEMENTS. THE RECEIPTS AND DISBURSEMENTS OF THE COMMISSION SHALL BE
 SUBJECT TO THE AUDIT AND ACCOUNTING  PROCEDURES  ESTABLISHED  UNDER  ITS
 BYLAWS.  HOWEVER, ALL RECEIPTS AND DISBURSEMENTS OF FUNDS HANDLED BY THE
 COMMISSION SHALL BE AUDITED YEARLY BY A  CERTIFIED  OR  LICENSED  PUBLIC
 ACCOUNTANT,  AND THE REPORT OF THE AUDIT SHALL BE INCLUDED IN AND BECOME
 PART OF THE ANNUAL REPORT OF THE COMMISSION.
   9. QUALIFIED IMMUNITY, DEFENSE AND INDEMNIFICATION. A. THE ADMINISTRA-
 TORS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES AND REPRESENTATIVES OF THE
 COMMISSION SHALL BE IMMUNE FROM SUIT AND LIABILITY, EITHER PERSONALLY OR
 IN THEIR OFFICIAL CAPACITY, FOR ANY CLAIM FOR DAMAGE TO OR LOSS OF PROP-
 ERTY OR PERSONAL INJURY OR OTHER CIVIL LIABILITY CAUSED  BY  OR  ARISING
 OUT  OF  ANY  ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT OCCURRED, OR
 THAT THE PERSON AGAINST WHOM THE CLAIM IS MADE HAD  A  REASONABLE  BASIS
 FOR BELIEVING OCCURRED, WITHIN THE SCOPE OF THE COMMISSION'S EMPLOYMENT,
 DUTIES  OR  RESPONSIBILITIES;  PROVIDED  THAT  NOTHING IN THIS PARAGRAPH
 SHALL BE CONSTRUED TO PROTECT ANY SUCH PERSON FROM SUIT OR LIABILITY FOR
 ANY DAMAGE, LOSS, INJURY OR LIABILITY CAUSED BY THE INTENTIONAL, WILLFUL
 OR WANTON MISCONDUCT OF THAT PERSON.
   B. THE COMMISSION SHALL DEFEND ANY ADMINISTRATOR,  OFFICER,  EXECUTIVE
 DIRECTOR,  EMPLOYEE  OR  REPRESENTATIVE  OF  THE COMMISSION IN ANY CIVIL
 ACTION SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY ACTUAL OR  ALLEGED
 ACT,  ERROR  OR  OMISSION  THAT OCCURRED WITHIN THE SCOPE OF THE COMMIS-
 SION'S EMPLOYMENT,  DUTIES  OR  RESPONSIBILITIES,  OR  THAT  THE  PERSON
 AGAINST  WHOM  THE  CLAIM  IS  MADE HAD A REASONABLE BASIS FOR BELIEVING
 OCCURRED WITHIN THE SCOPE OF  THE  COMMISSION'S  EMPLOYMENT,  DUTIES  OR
 RESPONSIBILITIES;  PROVIDED  THAT  NOTHING  HEREIN SHALL BE CONSTRUED TO
 PROHIBIT THAT PERSON FROM RETAINING HIS OR HER OWN COUNSEL; AND PROVIDED
 FURTHER THAT THE ACTUAL OR ALLEGED ACT, ERROR OR OMISSION DID NOT RESULT
 FROM THAT PERSON'S INTENTIONAL, WILLFUL OR WANTON MISCONDUCT.
   C. THE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY ADMINISTRATOR,
 OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE OR REPRESENTATIVE OF  THE  COMMIS-
 SION  FOR THE AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED AGAINST THAT
 PERSON ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION  THAT
 OCCURRED  WITHIN  THE  SCOPE  OF  THE COMMISSION'S EMPLOYMENT, DUTIES OR
 RESPONSIBILITIES, OR THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEV-
 ING OCCURRED WITHIN THE SCOPE OF THE COMMISSION'S EMPLOYMENT, DUTIES  OR
 RESPONSIBILITIES,  PROVIDED  THAT  THE  ACTUAL  OR ALLEGED ACT, ERROR OR
 OMISSION DID NOT RESULT FROM THE INTENTIONAL, WILLFUL OR WANTON  MISCON-
 DUCT OF THAT PERSON.
   § 8908. RULEMAKING. 1.  RULEMAKING.  A.  THE COMMISSION SHALL EXERCISE
 ITS RULEMAKING POWERS PURSUANT TO THE CRITERIA SET FORTH IN THIS ARTICLE
 AND THE RULES ADOPTED THEREUNDER.  RULES  AND  AMENDMENTS  SHALL  BECOME
 BINDING  AS  OF  THE  DATE SPECIFIED IN EACH RULE OR AMENDMENT AND SHALL
 HAVE THE SAME FORCE AND EFFECT AS PROVISIONS OF THIS COMPACT.
 S. 8007                            28                            A. 9007
 
   B. RULES OR AMENDMENTS TO THE RULES SHALL BE ADOPTED AT A  REGULAR  OR
 SPECIAL MEETING OF THE COMMISSION.
   2.  NOTICE.  A.  PRIOR TO PROMULGATION AND ADOPTION OF A FINAL RULE OR
 RULES BY THE COMMISSION, AND AT LEAST SIXTY DAYS IN ADVANCE OF THE MEET-
 ING AT WHICH THE RULE WILL BE CONSIDERED AND VOTED UPON, THE  COMMISSION
 SHALL FILE A NOTICE OF PROPOSED RULEMAKING:
   I. ON THE WEBSITE OF THE COMMISSION; AND
   II. ON THE WEBSITE OF EACH LICENSING BOARD OR THE PUBLICATION IN WHICH
 EACH STATE WOULD OTHERWISE PUBLISH PROPOSED RULES.
   B. THE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE:
   I.  THE  PROPOSED  TIME, DATE AND LOCATION OF THE MEETING IN WHICH THE
 RULE WILL BE CONSIDERED AND VOTED UPON;
   II. THE TEXT OF THE PROPOSED RULE OR AMENDMENT, AND THE REASON FOR THE
 PROPOSED RULE;
   III. A REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM  ANY  INTERESTED
 PERSON; AND
   IV.  THE  MANNER  IN WHICH INTERESTED PERSONS MAY SUBMIT NOTICE TO THE
 COMMISSION OF THEIR INTENTION TO ATTEND THE PUBLIC HEARING AND ANY WRIT-
 TEN COMMENTS.
   C. PRIOR TO ADOPTION OF A PROPOSED RULE, THE  COMMISSION  SHALL  ALLOW
 PERSONS  TO  SUBMIT  WRITTEN  DATA, FACTS, OPINIONS AND ARGUMENTS, WHICH
 SHALL BE MADE AVAILABLE TO THE PUBLIC.
   3. PUBLIC HEARINGS ON RULES. A. THE COMMISSION SHALL GRANT AN OPPORTU-
 NITY FOR A PUBLIC HEARING BEFORE IT ADOPTS A RULE OR AMENDMENT.
   B. THE COMMISSION SHALL PUBLISH THE PLACE, TIME AND DATE OF THE SCHED-
 ULED PUBLIC HEARING.
   I. HEARINGS SHALL BE CONDUCTED IN A MANNER PROVIDING EACH  PERSON  WHO
 WISHES TO COMMENT A FAIR AND REASONABLE OPPORTUNITY TO COMMENT ORALLY OR
 IN  WRITING.  ALL  HEARINGS  WILL  BE  RECORDED, AND A COPY WILL BE MADE
 AVAILABLE UPON REQUEST.
   II. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING A SEPARATE
 HEARING ON EACH RULE. RULES MAY BE GROUPED FOR THE  CONVENIENCE  OF  THE
 COMMISSION AT HEARINGS REQUIRED BY THIS SECTION.
   C. IF NO ONE APPEARS AT THE PUBLIC HEARING, THE COMMISSION MAY PROCEED
 WITH PROMULGATION OF THE PROPOSED RULE.
   D.  FOLLOWING  THE SCHEDULED HEARING DATE, OR BY THE CLOSE OF BUSINESS
 ON THE SCHEDULED HEARING DATE IF THE HEARING WAS NOT HELD,  THE  COMMIS-
 SION SHALL CONSIDER ALL WRITTEN AND ORAL COMMENTS RECEIVED.
   4.  VOTING  ON  RULES.  THE  COMMISSION SHALL, BY MAJORITY VOTE OF ALL
 ADMINISTRATORS, TAKE FINAL ACTION ON THE PROPOSED RULE AND SHALL  DETER-
 MINE  THE  EFFECTIVE  DATE  OF THE RULE, IF ANY, BASED ON THE RULEMAKING
 RECORD AND THE FULL TEXT OF THE RULE.
   5. EMERGENCY RULES. UPON DETERMINATION THAT AN EMERGENCY  EXISTS,  THE
 COMMISSION  MAY  CONSIDER  AND  ADOPT  AN  EMERGENCY  RULE WITHOUT PRIOR
 NOTICE, OPPORTUNITY FOR COMMENT OR  HEARING,  PROVIDED  THAT  THE  USUAL
 RULEMAKING PROCEDURES PROVIDED IN THIS COMPACT AND IN THIS SECTION SHALL
 BE  RETROACTIVELY APPLIED TO THE RULE AS SOON AS REASONABLY POSSIBLE, IN
 NO EVENT LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE  OF  THE  RULE.
 FOR  THE  PURPOSES OF THIS PROVISION, AN EMERGENCY RULE IS ONE THAT MUST
 BE ADOPTED IMMEDIATELY IN ORDER TO:
   A. MEET AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY OR WELFARE;
   B. PREVENT A LOSS OF THE COMMISSION OR PARTY STATE FUNDS; OR
   C. MEET A DEADLINE FOR THE PROMULGATION OF AN ADMINISTRATIVE RULE THAT
 IS REQUIRED BY FEDERAL LAW OR RULE.
   6. REVISIONS. THE COMMISSION MAY  DIRECT  REVISIONS  TO  A  PREVIOUSLY
 ADOPTED  RULE  OR  AMENDMENT  FOR  PURPOSES  OF CORRECTING TYPOGRAPHICAL
 S. 8007                            29                            A. 9007
 
 ERRORS, ERRORS IN FORMAT, ERRORS IN CONSISTENCY OR  GRAMMATICAL  ERRORS.
 PUBLIC  NOTICE  OF  ANY  REVISIONS SHALL BE POSTED ON THE WEBSITE OF THE
 COMMISSION. THE REVISION SHALL BE SUBJECT TO CHALLENGE BY ANY PERSON FOR
 A  PERIOD  OF  THIRTY DAYS AFTER POSTING. THE REVISION MAY BE CHALLENGED
 ONLY ON GROUNDS THAT THE REVISION RESULTS IN  A  MATERIAL  CHANGE  TO  A
 RULE.    A  CHALLENGE  SHALL  BE  MADE  IN WRITING, AND DELIVERED TO THE
 COMMISSION, PRIOR TO THE END OF THE NOTICE PERIOD. IF  NO  CHALLENGE  IS
 MADE,  THE  REVISION  WILL  TAKE  EFFECT  WITHOUT FURTHER ACTION. IF THE
 REVISION IS CHALLENGED, THE REVISION MAY NOT  TAKE  EFFECT  WITHOUT  THE
 APPROVAL OF THE COMMISSION.
   § 8909. OVERSIGHT,  DISPUTE  RESOLUTION AND ENFORCEMENT. 1. OVERSIGHT.
 A. EACH PARTY STATE SHALL ENFORCE THIS  COMPACT  AND  TAKE  ALL  ACTIONS
 NECESSARY  AND  APPROPRIATE  TO  EFFECTUATE  THIS COMPACT'S PURPOSES AND
 INTENT.
   B. THE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF  PROCESS  IN
 ANY  PROCEEDING  THAT MAY AFFECT THE POWERS, RESPONSIBILITIES OR ACTIONS
 OF THE COMMISSION, AND SHALL  HAVE  STANDING  TO  INTERVENE  IN  SUCH  A
 PROCEEDING  FOR  ALL  PURPOSES. FAILURE TO PROVIDE SERVICE OF PROCESS IN
 SUCH PROCEEDING TO THE COMMISSION SHALL RENDER A JUDGMENT OR ORDER  VOID
 AS TO THE COMMISSION, THIS COMPACT OR PROMULGATED RULES.
   2. DEFAULT, TECHNICAL ASSISTANCE AND TERMINATION. A. IF THE COMMISSION
 DETERMINES  THAT  A  PARTY STATE HAS DEFAULTED IN THE PERFORMANCE OF ITS
 OBLIGATIONS OR RESPONSIBILITIES UNDER THIS COMPACT  OR  THE  PROMULGATED
 RULES, THE COMMISSION SHALL:
   I.  PROVIDE  WRITTEN  NOTICE  TO  THE DEFAULTING STATE AND OTHER PARTY
 STATES OF THE NATURE OF THE DEFAULT, THE PROPOSED MEANS  OF  CURING  THE
 DEFAULT OR ANY OTHER ACTION TO BE TAKEN BY THE COMMISSION; AND
   II.  PROVIDE  REMEDIAL  TRAINING  AND  SPECIFIC  TECHNICAL  ASSISTANCE
 REGARDING THE DEFAULT.
   B. IF A STATE IN DEFAULT FAILS TO CURE  THE  DEFAULT,  THE  DEFAULTING
 STATE'S MEMBERSHIP IN THIS COMPACT MAY BE TERMINATED UPON AN AFFIRMATIVE
 VOTE OF A MAJORITY OF THE ADMINISTRATORS, AND ALL RIGHTS, PRIVILEGES AND
 BENEFITS  CONFERRED  BY  THIS COMPACT MAY BE TERMINATED ON THE EFFECTIVE
 DATE OF TERMINATION. A CURE OF THE DEFAULT DOES NOT RELIEVE THE  OFFEND-
 ING  STATE  OF  OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF
 DEFAULT.
   C. TERMINATION OF MEMBERSHIP IN THIS COMPACT  SHALL  BE  IMPOSED  ONLY
 AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE BEEN EXHAUSTED. NOTICE
 OF  INTENT  TO  SUSPEND OR TERMINATE SHALL BE GIVEN BY THE COMMISSION TO
 THE GOVERNOR OF THE DEFAULTING STATE AND TO THE EXECUTIVE OFFICER OF THE
 DEFAULTING STATE'S LICENSING BOARD AND EACH OF THE PARTY STATES.
   D. A STATE WHOSE MEMBERSHIP IN THIS COMPACT  HAS  BEEN  TERMINATED  IS
 RESPONSIBLE  FOR  ALL  ASSESSMENTS, OBLIGATIONS AND LIABILITIES INCURRED
 THROUGH THE EFFECTIVE DATE OF TERMINATION,  INCLUDING  OBLIGATIONS  THAT
 EXTEND BEYOND THE EFFECTIVE DATE OF TERMINATION.
   E.  THE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO A STATE THAT IS
 FOUND TO BE IN DEFAULT OR WHOSE MEMBERSHIP  IN  THIS  COMPACT  HAS  BEEN
 TERMINATED  UNLESS AGREED UPON IN WRITING BETWEEN THE COMMISSION AND THE
 DEFAULTING STATE.
   F. THE DEFAULTING STATE MAY APPEAL THE ACTION  OF  THE  COMMISSION  BY
 PETITIONING  THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE
 FEDERAL DISTRICT IN WHICH THE COMMISSION HAS ITS PRINCIPAL OFFICES.  THE
 PREVAILING  PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION, INCLUD-
 ING REASONABLE ATTORNEYS' FEES.
 S. 8007                            30                            A. 9007
 
   3. DISPUTE RESOLUTION. A. UPON REQUEST BY A PARTY STATE,  THE  COMMIS-
 SION SHALL ATTEMPT TO RESOLVE DISPUTES RELATED TO THE COMPACT THAT ARISE
 AMONG PARTY STATES AND BETWEEN PARTY AND NON-PARTY STATES.
   B. THE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR BOTH MEDIATION
 AND BINDING DISPUTE RESOLUTION FOR DISPUTES, AS APPROPRIATE.
   C.  IN  THE  EVENT  THE COMMISSION CANNOT RESOLVE DISPUTES AMONG PARTY
 STATES ARISING UNDER THIS COMPACT:
   I. THE PARTY STATES MAY SUBMIT THE ISSUES IN DISPUTE TO AN ARBITRATION
 PANEL, WHICH WILL BE COMPRISED OF INDIVIDUALS APPOINTED BY  THE  COMPACT
 ADMINISTRATOR  IN  EACH  OF THE AFFECTED PARTY STATES, AND AN INDIVIDUAL
 MUTUALLY AGREED UPON BY THE COMPACT  ADMINISTRATORS  OF  ALL  THE  PARTY
 STATES INVOLVED IN THE DISPUTE.
   II.  THE  DECISION OF A MAJORITY OF THE ARBITRATORS SHALL BE FINAL AND
 BINDING.
   4. ENFORCEMENT. A. THE COMMISSION, IN THE REASONABLE EXERCISE  OF  ITS
 DISCRETION, SHALL ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT.
   B.  BY  MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL ACTION IN THE
 U.S.   DISTRICT COURT FOR  THE  DISTRICT  OF  COLUMBIA  OR  THE  FEDERAL
 DISTRICT  IN  WHICH  THE  COMMISSION HAS ITS PRINCIPAL OFFICES AGAINST A
 PARTY STATE THAT IS IN DEFAULT TO ENFORCE COMPLIANCE WITH THE PROVISIONS
 OF THIS COMPACT AND ITS PROMULGATED RULES AND BYLAWS. THE RELIEF  SOUGHT
 MAY  INCLUDE  BOTH  INJUNCTIVE RELIEF AND DAMAGES. IN THE EVENT JUDICIAL
 ENFORCEMENT IS NECESSARY, THE PREVAILING  PARTY  SHALL  BE  AWARDED  ALL
 COSTS OF SUCH LITIGATION, INCLUDING REASONABLE ATTORNEYS' FEES.
   C.  THE  REMEDIES  HEREIN  SHALL  NOT BE THE EXCLUSIVE REMEDIES OF THE
 COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES AVAILABLE UNDER
 FEDERAL OR STATE LAW.
   § 8910. EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT. 1.  EFFECTIVE  DATE.
 A.    THIS  COMPACT SHALL BECOME EFFECTIVE AND BINDING ON THE EARLIER OF
 THE DATE OF LEGISLATIVE ENACTMENT OF THIS COMPACT INTO LAW  BY  NO  LESS
 THAN  TWENTY-SIX STATES OR THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
 OF TWO THOUSAND TWENTY-TWO THAT ENACTED THIS COMPACT.   THEREAFTER,  THE
 COMPACT  SHALL  BECOME  EFFECTIVE AND BINDING AS TO ANY OTHER COMPACTING
 STATE UPON ENACTMENT OF THE COMPACT INTO LAW BY THAT  STATE.  ALL  PARTY
 STATES TO THIS COMPACT, THAT ALSO WERE PARTIES TO THE PRIOR NURSE LICEN-
 SURE  COMPACT, SUPERSEDED BY THIS COMPACT, (HEREIN REFERRED TO AS "PRIOR
 COMPACT"), SHALL BE DEEMED TO HAVE WITHDRAWN  FROM  SAID  PRIOR  COMPACT
 WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS COMPACT.
   B.  EACH  PARTY  STATE  TO  THIS COMPACT SHALL CONTINUE TO RECOGNIZE A
 NURSE'S MULTISTATE LICENSURE PRIVILEGE TO PRACTICE IN THAT  PARTY  STATE
 ISSUED UNDER THE PRIOR COMPACT UNTIL SUCH PARTY STATE HAS WITHDRAWN FROM
 THE PRIOR COMPACT.
   2.  WITHDRAWAL.  A.  ANY PARTY STATE MAY WITHDRAW FROM THIS COMPACT BY
 ENACTING A STATUTE REPEALING THE SAME. A PARTY STATE'S WITHDRAWAL  SHALL
 NOT  TAKE EFFECT UNTIL SIX MONTHS AFTER ENACTMENT OF THE REPEALING STAT-
 UTE.
   B. A PARTY STATE'S WITHDRAWAL OR  TERMINATION  SHALL  NOT  AFFECT  THE
 CONTINUING  REQUIREMENT OF THE WITHDRAWING OR TERMINATED STATE'S LICENS-
 ING BOARD TO  REPORT  ADVERSE  ACTIONS  AND  SIGNIFICANT  INVESTIGATIONS
 OCCURRING PRIOR TO THE EFFECTIVE DATE OF SUCH WITHDRAWAL OR TERMINATION.
   C.  NOTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO INVALIDATE
 OR PREVENT ANY NURSE LICENSURE AGREEMENT OR OTHER  COOPERATIVE  ARRANGE-
 MENT BETWEEN A PARTY STATE AND A NON-PARTY STATE THAT IS MADE IN ACCORD-
 ANCE WITH THE OTHER PROVISIONS OF THIS COMPACT.
   3.  AMENDMENT.  A. THIS COMPACT MAY BE AMENDED BY THE PARTY STATES. NO
 AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND  BINDING  UPON  THE
 S. 8007                            31                            A. 9007
 
 PARTY  STATES  UNLESS AND UNTIL IT IS ENACTED INTO THE LAWS OF ALL PARTY
 STATES.
   B.  REPRESENTATIVES  OF  NON-PARTY  STATES  TO  THIS  COMPACT SHALL BE
 INVITED TO PARTICIPATE IN THE ACTIVITIES OF THE COMMISSION, ON A NONVOT-
 ING BASIS, PRIOR TO THE ADOPTION OF THIS COMPACT BY ALL STATES.
   § 8911. CONSTRUCTION AND SEVERABILITY.  1. CONSTRUCTION AND SEVERABIL-
 ITY. THIS COMPACT SHALL BE LIBERALLY CONSTRUED SO AS TO  EFFECTUATE  THE
 PURPOSES THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE, AND
 IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS COMPACT IS DECLARED
 TO  BE  CONTRARY TO THE CONSTITUTION OF ANY PARTY STATE OR OF THE UNITED
 STATES, OR IF THE  APPLICABILITY  THEREOF  TO  ANY  GOVERNMENT,  AGENCY,
 PERSON  OR  CIRCUMSTANCE  IS  HELD  TO  BE  INVALID, THE VALIDITY OF THE
 REMAINDER OF THIS COMPACT AND THE APPLICABILITY THEREOF TO  ANY  GOVERN-
 MENT,  AGENCY,  PERSON OR CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY. IF
 THIS COMPACT SHALL BE HELD TO BE CONTRARY TO  THE  CONSTITUTION  OF  ANY
 PARTY  STATE,  THIS  COMPACT SHALL REMAIN IN FULL FORCE AND EFFECT AS TO
 THE REMAINING PARTY STATES AND IN FULL FORCE AND EFFECT AS TO THE  PARTY
 STATE AFFECTED AS TO ALL SEVERABLE MATTERS.
   §  3.  Section  6501  of  the education law is amended by adding a new
 subdivision 3 to read as follows:
     3. A. AN APPLICANT FOR LICENSURE IN A QUALIFIED HIGH-NEED HEALTHCARE
 PROFESSION WHO PROVIDES DOCUMENTATION AND ATTESTATION  THAT  HE  OR  SHE
 HOLDS  A  LICENSE  IN  GOOD STANDING FROM ANOTHER STATE, MAY REQUEST THE
 ISSUANCE OF A TEMPORARY PRACTICE PERMIT, WHICH, IF GRANTED  WILL  PERMIT
 THE APPLICANT TO WORK UNDER THE SUPERVISION OF A NEW YORK STATE LICENSEE
 IN  ACCORDANCE  WITH REGULATIONS OF THE COMMISSIONER. THE DEPARTMENT MAY
 GRANT SUCH TEMPORARY PRACTICE PERMIT WHEN IT APPEARS BASED ON THE APPLI-
 CATION AND SUPPORTING DOCUMENTATION RECEIVED  THAT  THE  APPLICANT  WILL
 MEET  THE REQUIREMENTS FOR LICENSURE IN THIS STATE BECAUSE HE OR SHE HAS
 PROVIDED DOCUMENTATION AND ATTESTATION THAT THEY HOLD A LICENSE IN  GOOD
 STANDING  FROM  ANOTHER  STATE  WITH  SIGNIFICANTLY COMPARABLE LICENSURE
 REQUIREMENTS TO THOSE OF THIS STATE, EXCEPT THE DEPARTMENT HAS NOT  BEEN
 ABLE  TO SECURE DIRECT SOURCE VERIFICATION OF THE APPLICANT'S UNDERLYING
 CREDENTIALS (E.G., LICENSE VERIFICATION, RECEIPT OF ORIGINAL TRANSCRIPT,
 EXPERIENCE VERIFICATION). SUCH PERMIT SHALL BE VALID FOR SIX  MONTHS  OR
 UNTIL  TEN  DAYS AFTER NOTIFICATION THAT THE APPLICANT DOES NOT MEET THE
 QUALIFICATIONS FOR LICENSURE. AN ADDITIONAL SIX MONTHS  MAY  BE  GRANTED
 UPON A DETERMINATION BY THE DEPARTMENT THAT THE APPLICANT IS EXPECTED TO
 QUALIFY FOR THE FULL LICENSE UPON RECEIPT OF THE REMAINING DIRECT SOURCE
 VERIFICATION  DOCUMENTS  REQUESTED BY THE DEPARTMENT IN SUCH TIME PERIOD
 AND THAT THE DELAY IN PROVIDING THE  NECESSARY  DOCUMENTATION  FOR  FULL
 LICENSURE WAS DUE TO EXTENUATING CIRCUMSTANCES WHICH THE APPLICANT COULD
 NOT AVOID.
   B. A TEMPORARY PRACTICE PERMIT ISSUED UNDER PARAGRAPH A OF THIS SUBDI-
 VISION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY AUTHORI-
 TY  OF  THE BOARD OF REGENTS AND THE DEPARTMENT, PURSUANT TO THIS TITLE,
 AS IF SUCH AUTHORIZATION WERE A PROFESSIONAL LICENSE ISSUED  UNDER  THIS
 ARTICLE.
   C.  FOR PURPOSES OF THIS SUBDIVISION "HIGH-NEED HEALTHCARE PROFESSION"
 MEANS A LICENSED HEALTHCARE PROFESSION OF WHICH THERE  ARE  AN  INSUFFI-
 CIENT  NUMBER  OF  LICENSEES  TO  SERVE  IN THE STATE OR A REGION OF THE
 STATE, AS DETERMINED BY THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH
 THE COMMISSIONER OF EDUCATION.  THE COMMISSIONER OF HEALTH  SHALL  MAIN-
 TAIN  A  LIST OF SUCH LICENSED PROFESSIONS, WHICH SHALL BE POSTED ONLINE
 AND UPDATED FROM TIME TO TIME AS WARRANTED.
 S. 8007                            32                            A. 9007
 
   § 4. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2022; provided,
 however,  section  three  of this act shall take effect on the ninetieth
 day after it shall have become a law.  Effective immediately, the  addi-
 tion,  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 C

   Section  1.  Subdivision 6 of section 571 of the public health law, as
 amended by chapter 444 of the laws  of  2013,  is  amended  to  read  as
 follows:
   6.  "Qualified  health  care professional" means a physician, dentist,
 podiatrist, optometrist performing a clinical laboratory test that  does
 not  use  an invasive modality as defined in section seventy-one hundred
 one of the education law, PHARMACIST,  physician  assistant,  specialist
 assistant,  nurse  practitioner,  or midwife, who is licensed and regis-
 tered with the state education department.
   § 2. Section 6801 of the education law, is amended  by  adding  a  new
 subdivision 7 to read as follows:
   7. A LICENSED PHARMACIST IS A QUALIFIED HEALTH CARE PROFESSIONAL UNDER
 SECTION  FIVE  HUNDRED  SEVENTY-ONE  OF  THE  PUBLIC  HEALTH LAW FOR THE
 PURPOSES OF DIRECTING A LIMITED  SERVICE  LABORATORY  AND  ORDERING  AND
 ADMINISTERING  TESTS APPROVED BY THE FOOD AND DRUG ADMINISTRATION (FDA),
 SUBJECT TO CERTIFICATE OF WAIVER REQUIREMENTS  ESTABLISHED  PURSUANT  TO
 THE  FEDERAL  CLINICAL  LABORATORY  IMPROVEMENT  ACT OF NINETEEN HUNDRED
 EIGHTY-EIGHT.
   § 3. Subparagraph (iv) of paragraph (a) of subdivision  3  of  section
 6902  of the education law, as amended by section 2 of part D of chapter
 56 of the laws of 2014, is amended to read as follows:
   (iv) The practice protocol shall reflect current accepted medical  and
 nursing  practice[.  The  protocols  shall  be filed with the department
 within ninety days of the commencement  of  the  practice]  and  may  be
 updated periodically. The commissioner shall make regulations establish-
 ing the procedure for the review of protocols and the disposition of any
 issues arising from such review.
   §  4.  Paragraph (b) of subdivision 3 of section 6902 of the education
 law, as added by section 2 of part D of chapter 56 of the laws of  2014,
 is amended to read as follows:
   (b) Notwithstanding subparagraph (i) of paragraph (a) of this subdivi-
 sion[,]:
   (I)  a  nurse practitioner, certified under section sixty-nine hundred
 ten of this article and practicing for  more  than  three  thousand  six
 hundred  hours IN A SPECIALTY AREA OTHER THAN PRIMARY CARE OR SUCH OTHER
 RELATED AREAS AS DETERMINED BY THE COMMISSIONER OF  HEALTH,  may  comply
 with  this paragraph in lieu of complying with the requirements of para-
 graph (a) of this subdivision relating to collaboration  with  a  physi-
 cian,  a  written  practice  agreement and written practice protocols. A
 nurse practitioner complying with this paragraph shall  have  collabora-
 tive  relationships  with  one  or more licensed physicians qualified to
 collaborate in the specialty involved  or  a  hospital,  licensed  under
 article  twenty-eight  of  the public health law, that provides services
 through licensed physicians qualified to collaborate  in  the  specialty
 involved and having privileges at such institution. As evidence that the
 nurse  practitioner  maintains  collaborative  relationships,  the nurse
 S. 8007                            33                            A. 9007
 
 practitioner shall complete and maintain a form, created by the  depart-
 ment,  to which the nurse practitioner shall attest, that describes such
 collaborative relationships. For purposes of this paragraph, "collabora-
 tive  relationships" shall mean that the nurse practitioner shall commu-
 nicate, whether in person, by telephone or  through  written  (including
 electronic) means, with a licensed physician qualified to collaborate in
 the specialty involved or, in the case of a hospital, communicate with a
 licensed  physician  qualified  to collaborate in the specialty involved
 and having privileges at such hospital, for the purposes  of  exchanging
 information,  as  needed, in order to provide comprehensive patient care
 and to make referrals as necessary. Such form  shall  also  reflect  the
 nurse  practitioner's  acknowledgement  that  if  reasonable  efforts to
 resolve any dispute that may arise with the collaborating physician  or,
 in  the  case of a collaboration with a hospital, with a licensed physi-
 cian qualified to collaborate in the specialty involved and having priv-
 ileges at such hospital, about a patient's care are not successful,  the
 recommendation  of  the  physician  shall  prevail.  Such  form shall be
 updated as needed and may be subject to review by  the  department.  The
 nurse  practitioner  shall  maintain  documentation  that  supports such
 collaborative relationships. Failure to  comply  with  the  requirements
 found  in  this  paragraph  by a nurse practitioner who is not complying
 with such provisions of paragraph (a)  of  this  subdivision,  shall  be
 subject  to  professional  misconduct provisions as set forth in article
 one hundred thirty of this title.
   (II) A   NURSE    PRACTITIONER,  CERTIFIED  UNDER  SECTION  SIXTY-NINE
 HUNDRED  TEN OF THIS ARTICLE AND PRACTICING FOR MORE THAN THREE THOUSAND
 SIX HUNDRED HOURS IN PRIMARY CARE, SHALL BE EXEMPT FROM THE REQUIREMENTS
 OF SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION.  FOR  PURPOSES
 OF  THIS  PARAGRAPH,  "PRIMARY CARE" SHALL INCLUDE BUT NOT BE LIMITED TO
 GENERAL PEDIATRICS, GENERAL ADULT MEDICINE, GENERAL GERIATRIC  MEDICINE,
 GENERAL  INTERNAL  MEDICINE, OBSTETRICS AND GYNECOLOGY, FAMILY MEDICINE,
 OR SUCH OTHER RELATED AREAS AS DETERMINED BY THE COMMISSIONER OF HEALTH.
   § 5. Section 3 of part D of chapter 56 of the laws of  2014,  amending
 the  education law relating to enacting the "nurse practitioners modern-
 ization act", as amended by section 10 of part S of chapter  57  of  the
 laws of 2021, is amended to read as follows:
   § 3. This act shall take effect on the first of January after it shall
 have become a law [and shall expire June 30 of the seventh year after it
 shall  have become a law, when upon such date the provisions of this act
 shall be deemed repealed]; provided, however, that effective  immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its  effective  date  is
 authorized  and  directed  to  be  made  and completed on or before such
 effective date.
   § 6. Section 6908 of the education law is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3.  THIS  ARTICLE SHALL NOT BE CONSTRUED AS PROHIBITING MEDICATION-RE-
 LATED TASKS PROVIDED BY A CERTIFIED MEDICATION AIDE IN  ACCORDANCE  WITH
 REGULATIONS  DEVELOPED  BY  THE  COMMISSIONER,  IN CONSULTATION WITH THE
 COMMISSIONER OF HEALTH. AT A MINIMUM, SUCH REGULATIONS SHALL:
   A. SPECIFY THE MEDICATION-RELATED  TASKS  THAT  MAY  BE  PERFORMED  BY
 CERTIFIED  MEDICATION  AIDES  PURSUANT  TO  THIS SUBDIVISION. SUCH TASKS
 SHALL INCLUDE THE ADMINISTRATION OF MEDICATIONS WHICH  ARE  ROUTINE  AND
 PRE-FILLED OR OTHERWISE PACKAGED IN A MANNER THAT PROMOTES RELATIVE EASE
 OF  ADMINISTRATION,  PROVIDED  THAT  ADMINISTRATION  OF  MEDICATIONS  BY
 INJECTION, STERILE PROCEDURES, AND CENTRAL  LINE  MAINTENANCE  SHALL  BE
 S. 8007                            34                            A. 9007
 
 PROHIBITED.  PROVIDED,  HOWEVER,  SUCH  PROHIBITION  SHALL  NOT APPLY TO
 INJECTIONS  OF  INSULIN  OR  OTHER  INJECTIONS  FOR  DIABETES  CARE,  TO
 INJECTIONS  OF  LOW MOLECULAR WEIGHT HEPARIN, AND TO PRE-FILLED AUTO-IN-
 JECTIONS  OF  NALOXONE  AND  EPINEPHRINE  FOR  EMERGENCY  PURPOSES,  AND
 PROVIDED, FURTHER, THAT ENTITIES EMPLOYING  CERTIFIED  MEDICATION  AIDES
 PURSUANT  TO  THIS  SUBDIVISION SHALL ESTABLISH A SYSTEMATIC APPROACH TO
 ADDRESS DRUG DIVERSION;
   B. PROVIDE THAT MEDICATION-RELATED TASKS PERFORMED BY CERTIFIED  MEDI-
 CATION AIDES MAY BE PERFORMED ONLY UNDER THE SUPERVISION OF A REGISTERED
 PROFESSIONAL  NURSE  LICENSED  IN  NEW  YORK STATE, AS SET FORTH IN THIS
 SUBDIVISION AND SUBDIVISION ELEVEN OF SECTION SIXTY-NINE HUNDRED NINE OF
 THIS ARTICLE, WHERE SUCH NURSE IS EMPLOYED BY A RESIDENTIAL HEALTH  CARE
 FACILITY  LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH
 LAW;
   C. ESTABLISH A PROCESS BY WHICH A REGISTERED  PROFESSIONAL  NURSE  MAY
 ASSIGN  MEDICATION-RELATED  TASKS  TO  A CERTIFIED MEDICATION AIDE. SUCH
 PROCESS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) ALLOWING ASSIGNMENT OF MEDICATION-RELATED  TASKS  TO  A  CERTIFIED
 MEDICATION  AIDE  ONLY  WHERE  SUCH CERTIFIED MEDICATION AIDE HAS DEMON-
 STRATED TO THE SATISFACTION OF THE SUPERVISING  REGISTERED  PROFESSIONAL
 NURSE  COMPETENCY  IN  EVERY MEDICATION-RELATED TASK THAT SUCH CERTIFIED
 MEDICATION AIDE IS AUTHORIZED TO PERFORM, A WILLINGNESS TO PERFORM  SUCH
 MEDICATION-RELATED TASKS, AND THE ABILITY TO EFFECTIVELY AND EFFICIENTLY
 COMMUNICATE  WITH  THE INDIVIDUAL RECEIVING SERVICES AND UNDERSTAND SUCH
 INDIVIDUAL'S NEEDS;
   (II) AUTHORIZING THE  SUPERVISING  REGISTERED  PROFESSIONAL  NURSE  TO
 REVOKE  ANY ASSIGNED MEDICATION-RELATED TASK FROM A CERTIFIED MEDICATION
 AIDE FOR ANY REASON; AND
   (III) AUTHORIZING MULTIPLE REGISTERED PROFESSIONAL NURSES  TO  JOINTLY
 AGREE TO ASSIGN MEDICATION-RELATED TASKS TO A CERTIFIED MEDICATION AIDE,
 PROVIDED  FURTHER  THAT  ONLY ONE REGISTERED PROFESSIONAL NURSE SHALL BE
 REQUIRED TO DETERMINE IF THE CERTIFIED MEDICATION AIDE HAS  DEMONSTRATED
 COMPETENCY IN THE MEDICATION-RELATED TASK TO BE PERFORMED;
   D.  PROVIDE  THAT  MEDICATION-RELATED  TASKS  MAY BE PERFORMED ONLY IN
 ACCORDANCE WITH AND PURSUANT  TO  AN  AUTHORIZED  HEALTH  PRACTITIONER'S
 ORDERED CARE;
   E. PROVIDE THAT ONLY A CERTIFIED NURSE AIDE MAY PERFORM MEDICATION-RE-
 LATED TASKS AS A CERTIFIED MEDICATION AIDE WHEN SUCH AIDE HAS:
   (I) A VALID NEW YORK STATE NURSE AIDE CERTIFICATE;
   (II) A HIGH SCHOOL DIPLOMA, GED OR SIMILAR EDUCATION CREDENTIAL;
   (III) EVIDENCE OF BEING AT LEAST EIGHTEEN YEARS OLD;
   (IV)  AT LEAST ONE YEAR OF EXPERIENCE PROVIDING NURSE AIDE SERVICES IN
 AN ARTICLE TWENTY-EIGHT RESIDENTIAL HEALTH CARE FACILITY;
   (V) THE ABILITY TO READ, WRITE, AND SPEAK ENGLISH AND TO PERFORM BASIC
 MATH SKILLS;
   (VI) COMPLETED THE REQUISITE TRAINING AND DEMONSTRATED COMPETENCIES OF
 A CERTIFIED MEDICATION AIDE AS DETERMINED BY THE COMMISSIONER IN CONSUL-
 TATION WITH THE COMMISSIONER OF HEALTH;
   (VII) SUCCESSFULLY COMPLETED COMPETENCY EXAMINATIONS  SATISFACTORY  TO
 THE COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF HEALTH; AND
   (VIII)  MEETS  OTHER  APPROPRIATE  QUALIFICATIONS AS DETERMINED BY THE
 COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF HEALTH;
   F. PROHIBIT A CERTIFIED MEDICATION AIDE FROM HOLDING  THEMSELVES  OUT,
 OR  ACCEPTING EMPLOYMENT AS, A PERSON LICENSED TO PRACTICE NURSING UNDER
 THE PROVISIONS OF THIS ARTICLE;
 S. 8007                            35                            A. 9007
 
   G. PROVIDE THAT A  CERTIFIED  MEDICATION  AIDE  IS  NOT  REQUIRED  NOR
 PERMITTED TO ASSESS THE MEDICATION OR MEDICAL NEEDS OF AN INDIVIDUAL;
   H. PROVIDE THAT A CERTIFIED MEDICATION AIDE SHALL NOT BE AUTHORIZED TO
 PERFORM  ANY  MEDICATION-RELATED  TASKS  OR  ACTIVITIES PURSUANT TO THIS
 SUBDIVISION THAT ARE OUTSIDE THE SCOPE OF PRACTICE OF A LICENSED PRACTI-
 CAL NURSE OR ANY MEDICATION-RELATED TASKS THAT HAVE NOT  BEEN  APPROPRI-
 ATELY ASSIGNED BY THE SUPERVISING REGISTERED PROFESSIONAL NURSE;
   I. PROVIDE THAT A CERTIFIED MEDICATION AIDE SHALL DOCUMENT ALL MEDICA-
 TION-RELATED  TASKS  PROVIDED  TO  AN  INDIVIDUAL,  INCLUDING MEDICATION
 ADMINISTRATION TO EACH INDIVIDUAL THROUGH THE USE OF A MEDICATION ADMIN-
 ISTRATION RECORD; AND
   J. PROVIDE THAT THE SUPERVISING REGISTERED  PROFESSIONAL  NURSE  SHALL
 RETAIN  THE  DISCRETION  TO  DECIDE WHETHER TO ASSIGN MEDICATION-RELATED
 TASKS TO CERTIFIED MEDICATION AIDES UNDER THIS PROGRAM AND SHALL NOT  BE
 SUBJECT TO COERCION, RETALIATION, OR THE THREAT OF RETALIATION.
   §  7.  Section  6909  of  the education law is amended by adding a new
 subdivision 11 to read as follows:
   11. A REGISTERED PROFESSIONAL NURSE, WHILE WORKING FOR  A  RESIDENTIAL
 HEALTH  CARE  FACILITY  LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE
 PUBLIC HEALTH LAW, MAY, IN  ACCORDANCE  WITH  THIS  SUBDIVISION,  ASSIGN
 CERTIFIED MEDICATION AIDES TO PERFORM MEDICATION-RELATED TASKS FOR INDI-
 VIDUALS  PURSUANT  TO  THE  PROVISIONS  OF  SUBDIVISION THREE OF SECTION
 SIXTY-NINE HUNDRED EIGHT OF THIS ARTICLE AND SUPERVISE CERTIFIED MEDICA-
 TION AIDES WHO PERFORM ASSIGNED MEDICATION-RELATED TASKS.
   § 8. Paragraph (a) of subdivision 3 of section 2803-j  of  the  public
 health  law,  as added by chapter 717 of the laws of 1989, is amended to
 read as follows:
   (a) Identification of individuals who have  successfully  completed  a
 nurse aide training and competency evaluation program, [or] a nurse aide
 competency evaluation program, OR A MEDICATION AIDE PROGRAM;
   §  9. Subdivision 6 of section 6527 of the education law is amended by
 adding a new paragraph (h) to read as follows:
   (H) ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF SARS-COV-2 OR ITS
 ANTIBODIES, INFLUENZA VIRUS OR RESPIRATORY SYNCYTIAL VIRUS.
   § 10. Subdivision 4 of section 6909 of the education law is amended by
 adding a new paragraph (h) to read as follows:
   (H) ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF SARS-COV-2 OR ITS
 ANTIBODIES, INFLUENZA VIRUS OR RESPIRATORY SYNCYTIAL VIRUS.
   § 11. Section 6909 of the education law is amended  by  adding  a  new
 subdivision 11 to read as follows:
   11.  A  REGISTERED  PROFESSIONAL NURSE OR CERTIFIED NURSE PRACTITIONER
 MAY, IN ACCORDANCE WITH THIS SUBDIVISION, ASSIGN THE TASK OF ADMINISTER-
 ING TESTS TO DETERMINE THE PRESENCE OF  SARS-COV-2  OR  ITS  ANTIBODIES,
 INFLUENZA  VIRUS  OR  RESPIRATORY  SYNCYTIAL  VIRUS,  TO  AN INDIVIDUAL,
 PROVIDED THAT:
   (A) PRIOR TO MAKING SUCH ASSIGNMENT THE REGISTERED PROFESSIONAL  NURSE
 OR  CERTIFIED  NURSE  PRACTITIONER SHALL PROVIDE THE INDIVIDUAL ASSIGNED
 SUCH  TASK  WITH  SPECIFIC  INSTRUCTIONS  FOR  PERFORMING  THE  SPECIMEN
 COLLECTION  AND  CRITERIA  FOR  IDENTIFYING, REPORTING AND RESPONDING TO
 PROBLEMS OR COMPLICATIONS;
   (B) THE REGISTERED PROFESSIONAL NURSE OR CERTIFIED NURSE  PRACTITIONER
 PROVIDES  TRAINING  TO  THE  INDIVIDUAL AND PERSONALLY VERIFIES THAT THE
 INDIVIDUAL CAN SAFELY AND COMPETENTLY PERFORM THE TASKS ASSIGNED;
   (C) THE REGISTERED PROFESSIONAL NURSE OR CERTIFIED NURSE  PRACTITIONER
 DETERMINES THAT THE INDIVIDUAL IS WILLING TO PERFORM SUCH TASK; AND
 S. 8007                            36                            A. 9007
 
   (D)  THE  SPECIMEN  COLLECTION IS CONSISTENT WITH AN AUTHORIZED HEALTH
 PRACTITIONER'S ORDERED CARE.
   §  12.  Section  6527  of the education law is amended by adding a new
 subdivision 11 to read as follows:
   11. A PHYSICIAN MAY, IN ACCORDANCE WITH THIS SUBDIVISION,  ASSIGN  THE
 TASK  OF  ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF SARS-COV-2 OR
 ITS ANTIBODIES, INFLUENZA VIRUS OR RESPIRATORY SYNCYTIAL  VIRUS,  TO  AN
 INDIVIDUAL, PROVIDED THAT:
   (A)  PRIOR  TO  MAKING SUCH ASSIGNMENT THE PHYSICIAN SHALL PROVIDE THE
 INDIVIDUAL ASSIGNED SUCH TASK WITH SPECIFIC INSTRUCTIONS FOR  PERFORMING
 THE  SPECIMEN  COLLECTION  AND  CRITERIA  FOR IDENTIFYING, REPORTING AND
 RESPONDING TO PROBLEMS OR COMPLICATIONS;
   (B) THE PHYSICIAN PROVIDES TRAINING TO THE INDIVIDUAL  AND  PERSONALLY
 VERIFIES  THAT  THE  INDIVIDUAL  CAN  SAFELY AND COMPETENTLY PERFORM THE
 TASKS ASSIGNED;
   (C) THE PHYSICIAN DETERMINES THAT THE INDIVIDUAL IS WILLING TO PERFORM
 SUCH TASK; AND
   (D) THE SPECIMEN COLLECTION IS CONSISTENT WITH  AN  AUTHORIZED  HEALTH
 PRACTITIONER'S ORDERED CARE.
   §  13.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022; provided,
 however, that sections six, seven and eight of this act shall expire and
 be deemed repealed two years after it shall have become a law.
 
                                  PART D
 
   Section 1.  The social services law is amended by adding a new section
 367-w to read as follows:
   § 367-W. HEALTH CARE AND MENTAL HYGIENE WORKER BONUSES.    1.  PURPOSE
 AND  INTENT.  NEW  YORK'S  ESSENTIAL  FRONT  LINE HEALTH CARE AND MENTAL
 HYGIENE WORKERS HAVE SEEN US THROUGH A ONCE-IN-A-CENTURY  PUBLIC  HEALTH
 CRISIS  AND  TURNED  OUR  STATE  INTO  A  MODEL FOR BATTLING AND BEATING
 COVID-19.  TO ATTRACT TALENTED PEOPLE INTO THE PROFESSION AT A  TIME  OF
 SUCH SIGNIFICANT STRAIN WHILE ALSO RETAINING THOSE WHO HAVE BEEN WORKING
 SO TIRELESSLY THESE PAST TWO YEARS, WE MUST RECOGNIZE THE EFFORTS OF OUR
 HEALTH CARE AND MENTAL HYGIENE WORKFORCE AND REWARD THEM FINANCIALLY FOR
 THEIR SERVICE.
   TO  DO  THAT,  THE  COMMISSIONER  OF HEALTH IS HEREBY DIRECTED TO SEEK
 ADDITIONAL FEDERAL SPENDING AUTHORITY UNDER SECTION 9817 OF THE AMERICAN
 RESCUE PLAN ACT OF 2021 TO MAXIMIZE FEDERAL FINANCIAL PARTICIPATION WITH
 RESPECT TO SPENDING ON HOME AND COMMUNITY BASED  SERVICES  AND  TO  SEEK
 SUCH  OTHER  FEDERAL  APPROVALS  AS  APPLICABLE, AND, SUBJECT TO FEDERAL
 FINANCIAL PARTICIPATION, TO  SUPPORT  WITH  FEDERAL  AND  STATE  FUNDING
 BONUSES  TO  BE  MADE  AVAILABLE DURING THE STATE FISCAL YEAR OF 2023 TO
 RECRUIT, RETAIN, AND REWARD HEALTH CARE AND MENTAL HYGIENE WORKERS.
   2. DEFINITIONS.  AS USED IN THIS SECTION, THE TERM:
   (A) "EMPLOYEE" MEANS CERTAIN FRONT LINE HEALTH CARE AND MENTAL HYGIENE
 PRACTITIONERS, TECHNICIANS, ASSISTANTS AND AIDES THAT PROVIDE  HANDS  ON
 HEALTH  OR  CARE  SERVICES TO INDIVIDUALS, WITHOUT REGARD TO WHETHER THE
 PERSON WORKS FULL-TIME, PART-TIME, ON A SALARIED, HOURLY,  OR  TEMPORARY
 BASIS, OR AS AN INDEPENDENT CONTRACTOR, THAT RECEIVED AN ANNUALIZED BASE
 SALARY  OF  ONE HUNDRED THOUSAND DOLLARS OR LESS, TO INCLUDE SUCH TITLES
 AS DETERMINED BY THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER
 OF MENTAL HEALTH, THE COMMISSIONER FOR PEOPLE WITH  DEVELOPMENTAL  DISA-
 BILITIES,  THE  COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS, AND THE
 S. 8007                            37                            A. 9007
 
 COMMISSIONER  OF  CHILDREN  AND  FAMILY  SERVICES,  AS  APPLICABLE,  AND
 APPROVED BY THE DIRECTOR OF BUDGET.
   (B)  "EMPLOYER"  MEANS  A  PROVIDER ENROLLED IN THE MEDICAL ASSISTANCE
 PROGRAM UNDER THIS TITLE THAT EMPLOYS AT LEAST  ONE  EMPLOYEE  AND  THAT
 BILLS  FOR  SERVICES  UNDER THE STATE PLAN OR A HOME AND COMMUNITY BASED
 SERVICES WAIVER AUTHORIZED PURSUANT TO SUBDIVISION (C) OF SECTION  NINE-
 TEEN  HUNDRED  FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT, OR THAT HAS A
 PROVIDER AGREEMENT TO BILL FOR SERVICES PROVIDED OR ARRANGED  THROUGH  A
 MANAGED  CARE  PROVIDER UNDER SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS
 TITLE OR A MANAGED LONG TERM CARE PLAN UNDER SECTION FORTY-FOUR  HUNDRED
 THREE-F OF THE PUBLIC HEALTH LAW, TO INCLUDE:
   (I)  PROVIDERS AND FACILITIES LICENSED, CERTIFIED OR OTHERWISE AUTHOR-
 IZED UNDER ARTICLES TWENTY-EIGHT, THIRTY, THIRTY-SIX  OR  FORTY  OF  THE
 PUBLIC  HEALTH  LAW, ARTICLES SIXTEEN, THIRTY-ONE, THIRTY-TWO OR THIRTY-
 SIX OF THE MENTAL HYGIENE LAW, ARTICLE SEVEN  OF  THIS  CHAPTER,  FISCAL
 INTERMEDIARIES  UNDER  SECTION THREE HUNDRED SIXTY-FIVE-F OF THIS TITLE,
 AND PHARMACIES REGISTERED UNDER SECTION SIX THOUSAND EIGHT HUNDRED EIGHT
 OF THE EDUCATION LAW;
   (II) PROGRAMS FUNDED BY THE OFFICE OF MENTAL  HEALTH,  THE  OFFICE  OF
 ADDICTION  SERVICES AND SUPPORTS, OR THE OFFICE FOR PEOPLE WITH DEVELOP-
 MENTAL DISABILITIES; AND
   (III) OTHER PROVIDER TYPES DETERMINED BY THE COMMISSIONER AND APPROVED
 BY THE DIRECTOR OF THE BUDGET;
   (IV) PROVIDED, HOWEVER, THAT UNLESS  THE  PROVIDER  IS  SUBJECT  TO  A
 CERTIFICATE  OF  NEED  PROCESS  AS  A  CONDITION  OF  STATE LICENSURE OR
 APPROVAL, SUCH PROVIDER SHALL NOT BE  AN  EMPLOYER  UNDER  THIS  SECTION
 UNLESS  AT  LEAST  TWENTY  PERCENT OF THE PROVIDER'S PATIENTS OR PERSONS
 SERVED ARE ELIGIBLE FOR SERVICES UNDER THIS TITLE AND TITLE XIX  OF  THE
 FEDERAL SOCIAL SECURITY ACT.
   3.  TRACKING AND SUBMISSION OF CLAIMS FOR BONUSES. (A) THE COMMISSION-
 ER, IN CONSULTATION WITH THE COMMISSIONER  OF  LABOR  AND  THE  MEDICAID
 INSPECTOR GENERAL, AND SUBJECT TO ANY NECESSARY APPROVALS BY THE FEDERAL
 CENTERS FOR MEDICARE AND MEDICAID SERVICES, SHALL DEVELOP SUCH FORMS AND
 PROCEDURES  AS  MAY  BE NEEDED TO IDENTIFY THE NUMBER OF HOURS EMPLOYEES
 WORKED AND TO PROVIDE REIMBURSEMENT TO EMPLOYERS  FOR  THE  PURPOSES  OF
 FUNDING  EMPLOYEE  BONUSES  IN  ACCORDANCE  WITH HOURS WORKED DURING THE
 VESTING PERIOD.
   (B) USING THE FORMS AND PROCESSES DEVELOPED BY THE COMMISSIONER  UNDER
 THIS SUBDIVISION, EMPLOYERS SHALL, FOR A PERIOD OF TIME SPECIFIED BY THE
 COMMISSIONER:
   (I)  TRACK  THE NUMBER OF HOURS THAT EMPLOYEES WORK DURING THE VESTING
 PERIOD AND, AS APPLICABLE, THE NUMBER OF PATIENTS SERVED BY THE EMPLOYER
 WHO ARE ELIGIBLE FOR SERVICES UNDER THIS TITLE; AND
   (II) SUBMIT CLAIMS FOR REIMBURSEMENT OF EMPLOYEE  BONUS  PAYMENTS.  IN
 FILLING  OUT  THE  INFORMATION REQUIRED TO SUBMIT SUCH CLAIMS, EMPLOYERS
 SHALL USE INFORMATION OBTAINED FROM TRACKING REQUIRED PURSUANT TO  PARA-
 GRAPH  (A) OF THIS SUBDIVISION AND PROVIDE SUCH OTHER INFORMATION AS MAY
 BE PRESCRIBED BY THE COMMISSIONER.  IN DETERMINING AN EMPLOYEE'S ANNUAL-
 IZED BASE SALARY, THE EMPLOYER SHALL USE INFORMATION  BASED  ON  PAYROLL
 RECORDS  FROM CALENDAR YEAR TWO THOUSAND TWENTY-ONE, IF AVAILABLE TO THE
 EMPLOYER.
   (C) EMPLOYERS SHALL BE RESPONSIBLE FOR DETERMINING WHETHER AN EMPLOYEE
 IS ELIGIBLE UNDER THIS SECTION AND SHALL  MAINTAIN  AND  MAKE  AVAILABLE
 UPON  REQUEST ALL RECORDS, DATA AND INFORMATION THE EMPLOYER RELIED UPON
 IN MAKING THE DETERMINATION THAT AN EMPLOYEE WAS ELIGIBLE, IN ACCORDANCE
 WITH PARAGRAPH (D) OF THIS SUBDIVISION.
 S. 8007                            38                            A. 9007
 
   (D) EMPLOYERS SHALL MAINTAIN CONTEMPORANEOUS RECORDS FOR ALL  TRACKING
 AND  CLAIMS  RELATED  INFORMATION AND DOCUMENTS REQUIRED TO SUBSTANTIATE
 CLAIMS SUBMITTED UNDER THIS SECTION FOR A PERIOD OF  NO  LESS  THAN  SIX
 YEARS.  EMPLOYERS  SHALL  FURNISH  SUCH  RECORDS  AND  INFORMATION, UPON
 REQUEST,  TO  THE  COMMISSIONER,  THE  MEDICAID  INSPECTOR  GENERAL, THE
 COMMISSIONER OF LABOR, THE SECRETARY OF THE UNITED STATES DEPARTMENT  OF
 HEALTH  AND HUMAN SERVICES, AND THE DEPUTY ATTORNEY GENERAL FOR MEDICAID
 FRAUD CONTROL.
   4. PAYMENT OF WORKER BONUSES. (A) EMPLOYERS SHALL BE REQUIRED  TO  PAY
 BONUSES  TO  EMPLOYEES PURSUANT TO A SCHEDULE ISSUED BY THE COMMISSIONER
 BASED ON THE NUMBER OF HOURS WORKED DURING THE VESTING PERIOD. THE SCHE-
 DULE SHALL DIVIDE THE PAYMENT OF BONUSES INTO TWO VESTING PERIODS  BASED
 ON  THE  EMPLOYEE'S  START  DATE  WITH THE EMPLOYER. NO EMPLOYEE'S FIRST
 VESTING PERIOD MAY BEGIN LATER THAN  MARCH  THIRTY-FIRST,  TWO  THOUSAND
 TWENTY-THREE,  AND IN TOTAL BOTH VESTING PERIODS MAY NOT EXCEED ONE YEAR
 IN DURATION. THE SCHEDULE SHALL PROVIDE FOR TOTAL PAYMENTS NOT TO EXCEED
 THREE THOUSAND DOLLARS PER EMPLOYEE IN ACCORDANCE WITH THE FOLLOWING:
   (I) EMPLOYEES WHO HAVE WORKED AN AVERAGE OF AT LEAST TWENTY  BUT  LESS
 THAN  THIRTY  HOURS  PER  WEEK OVER THE COURSE OF A VESTING PERIOD WOULD
 RECEIVE A FIVE HUNDRED DOLLAR BONUS FOR THE VESTING PERIOD;
   (II) EMPLOYEES WHO HAVE WORKED AN AVERAGE OF AT LEAST THIRTY BUT  LESS
 THAN  FORTY  HOURS  PER  WEEK  OVER THE COURSE OF A VESTING PERIOD WOULD
 RECEIVE A ONE THOUSAND DOLLAR BONUS FOR SUCH VESTING PERIOD;
   (III) EMPLOYEES WHO HAVE WORKED AN AVERAGE OF AT LEAST FORTY HOURS PER
 WEEK OVER THE COURSE OF A VESTING PERIOD WOULD RECEIVE  A  ONE  THOUSAND
 FIVE HUNDRED DOLLAR BONUS FOR SUCH VESTING PERIOD.
   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, THE COMMISSION-
 ER MAY THROUGH REGULATION SPECIFY AN ALTERNATIVE NUMBER OF VESTING PERI-
 ODS,  PROVIDED  THAT TOTAL PAYMENTS DO NOT EXCEED THREE THOUSAND DOLLARS
 PER EMPLOYEE.
   (C) EMPLOYEES SHALL BE ELIGIBLE FOR BONUSES FOR NO MORE THAN TWO VEST-
 ING PERIODS, IN AN AMOUNT EQUAL TO BUT NOT GREATER THAN  THREE  THOUSAND
 DOLLARS PER EMPLOYEE.
   (D)  ANY BONUS DUE AND PAYABLE TO AN EMPLOYEE UNDER THIS SECTION SHALL
 BE MADE BY THE EMPLOYER NO LATER THAN THIRTY DAYS  AFTER  THE  BONUS  IS
 PAID TO THE EMPLOYER.
   (E)  NO PORTION OF ANY DOLLARS RECEIVED FROM CLAIMS UNDER SUBPARAGRAPH
 (II) OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION FOR  EMPLOYEE
 BONUSES  SHALL BE RETURNED TO ANY PERSON OTHER THAN THE EMPLOYEE TO WHOM
 THE BONUS IS DUE OR USED TO REDUCE THE TOTAL COMPENSATION AN EMPLOYER IS
 OBLIGATED TO PAY TO AN EMPLOYEE UNDER SECTION THIRTY-SIX  HUNDRED  FOUR-
 TEEN-C  OF  THE  PUBLIC HEALTH LAW, SECTION SIX HUNDRED FIFTY-TWO OF THE
 LABOR LAW, OR ANY OTHER PROVISIONS OF LAW OR REGULATIONS, OR PURSUANT TO
 ANY COLLECTIVELY BARGAINED AGREEMENT.
   (F) NO PORTION OF ANY BONUS AVAILABLE  PURSUANT  TO  THIS  SUBDIVISION
 SHALL  BE  PAYABLE  TO A PERSON WHO HAS BEEN SUSPENDED OR EXCLUDED UNDER
 THE MEDICAL ASSISTANCE PROGRAM DURING THE VESTING PERIOD AND AT THE TIME
 AN EMPLOYER SUBMITS A CLAIM UNDER THIS SECTION.
   5. AUDITS, INVESTIGATIONS AND  REVIEWS.  (A)  THE  MEDICAID  INSPECTOR
 GENERAL  SHALL,  IN  COORDINATION WITH THE COMMISSIONER, CONDUCT AUDITS,
 INVESTIGATIONS AND REVIEWS OF EMPLOYERS REQUIRED TO SUBMIT CLAIMS  UNDER
 THIS  SECTION.  SUCH  CLAIMS,  INAPPROPRIATELY  PAID, UNDER THIS SECTION
 SHALL CONSTITUTE OVERPAYMENTS AS THAT TERM IS DEFINED  UNDER  THE  REGU-
 LATIONS GOVERNING THE MEDICAL ASSISTANCE PROGRAM. THE MEDICAID INSPECTOR
 GENERAL  MAY RECOVER SUCH OVERPAYMENTS TO EMPLOYERS AS IT WOULD AN OVER-
 PAYMENT UNDER THE MEDICAL ASSISTANCE PROGRAM, IMPOSE SANCTIONS UP TO AND
 S. 8007                            39                            A. 9007
 
 INCLUDING EXCLUSION FROM THE MEDICAL ASSISTANCE PROGRAM,  IMPOSE  PENAL-
 TIES, AND TAKE ANY OTHER ACTION AUTHORIZED BY LAW WHERE:
   (I)  AN  EMPLOYER  CLAIMS  A  BONUS  NOT DUE TO AN EMPLOYEE OR A BONUS
 AMOUNT IN EXCESS OF THE CORRECT BONUS AMOUNT DUE TO AN EMPLOYEE;
   (II) AN EMPLOYER CLAIMS, RECEIVES AND FAILS TO PAY  ANY  PART  OF  THE
 BONUS DUE TO A DESIGNATED EMPLOYEE;
   (III) AN EMPLOYER FAILS TO CLAIM A BONUS DUE TO AN EMPLOYEE.
   (B)  ANY  EMPLOYER IDENTIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION WHO
 FAILS TO IDENTIFY, CLAIM AND PAY ANY BONUS FOR MORE THAN TEN PERCENT  OF
 ITS EMPLOYEES ELIGIBLE FOR THE BONUS SHALL ALSO BE SUBJECT TO ADDITIONAL
 PENALTIES  UNDER SUBDIVISION FOUR OF SECTION ONE HUNDRED FORTY-FIVE-B OF
 THIS ARTICLE.
   (C) ANY EMPLOYER WHO FAILS TO PAY ANY PART OF THE BONUS PAYMENT  TO  A
 DESIGNATED  EMPLOYEE  SHALL  REMAIN  LIABLE  TO  PAY  SUCH BONUS TO THAT
 EMPLOYEE, REGARDLESS OF ANY RECOVERY, SANCTION OR PENALTY  THE  MEDICAID
 INSPECTOR GENERAL MAY IMPOSE.
   (D) IN ALL INSTANCES RECOVERY OF INAPPROPRIATE BONUS PAYMENTS SHALL BE
 RECOVERED  FROM  THE  EMPLOYER. THE EMPLOYER SHALL NOT HAVE THE RIGHT TO
 RECOVER ANY INAPPROPRIATELY PAID BONUS FROM THE EMPLOYEE.
   (E) WHERE THE MEDICAID INSPECTOR GENERAL  SANCTIONS  AN  EMPLOYER  FOR
 VIOLATIONS  UNDER THIS SECTION, THEY MAY ALSO SANCTION ANY AFFILIATES AS
 DEFINED UNDER THE REGULATIONS GOVERNING THE MEDICAL ASSISTANCE PROGRAM.
   6. RULES AND REGULATIONS. THE COMMISSIONER, IN CONSULTATION  WITH  THE
 MEDICAID  INSPECTOR  GENERAL  AS  IT RELATES TO SUBDIVISION FIVE OF THIS
 SECTION, MAY PROMULGATE RULES, TO IMPLEMENT  THIS  SECTION  PURSUANT  TO
 EMERGENCY  REGULATION;  PROVIDED, HOWEVER, THAT THIS PROVISION SHALL NOT
 BE CONSTRUED AS REQUIRING  THE  COMMISSIONER  TO  ISSUE  REGULATIONS  TO
 IMPLEMENT THIS SECTION.
   §  2.  Subparagraphs (iv) and (v) of paragraph (a) of subdivision 4 of
 section 145-b of the social services law, as amended  by  section  1  of
 part  QQ  of  chapter  56  of  the  laws of 2020, are amended to read as
 follows:
   (iv) such person arranges or contracts, by employment,  agreement,  or
 otherwise,  with an individual or entity that the person knows or should
 know is suspended or excluded from the medical assistance program at the
 time such arrangement or contract regarding activities  related  to  the
 medical assistance program is made[.];
   (v)  SUCH PERSON HAD AN OBLIGATION TO IDENTIFY, CLAIM, AND PAY A BONUS
 UNDER SUBDIVISION THREE OF SECTION THREE HUNDRED SIXTY-SEVEN-W  OF  THIS
 ARTICLE AND SUCH PERSON FAILED TO IDENTIFY, CLAIM AND PAY SUCH BONUS.
   (VI)  For purposes of this paragraph, "person" as used in subparagraph
 (i) OF THIS PARAGRAPH does not include recipients of the medical assist-
 ance program; and "person" as used in subparagraphs (ii) [--], (III) AND
 (iv) OF THIS PARAGRAPH, is as defined in paragraph  (e)  of  subdivision
 [(6)] SIX of section three hundred sixty-three-d of this [chapter] ARTI-
 CLE; AND "PERSON" AS USED IN SUBPARAGRAPH (V) OF THIS PARAGRAPH INCLUDES
 EMPLOYERS  AS  DEFINED  IN  SECTION  THREE HUNDRED SIXTY-SEVEN-W OF THIS
 ARTICLE.
   § 3. Paragraph (c) of subdivision 4 of section  145-b  of  the  social
 services  law  is  amended by adding a new subparagraph (iii) to read as
 follows:
   (III) FOR SUBPARAGRAPH (V) OF PARAGRAPH (A)  OF  THIS  SUBDIVISION,  A
 MONETARY PENALTY SHALL BE IMPOSED FOR CONDUCT DESCRIBED IN SUBPARAGRAPHS
 (I),  (II)  AND  (III)  OF  PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION
 THREE HUNDRED SIXTY-SEVEN-W OF THIS ARTICLE SHALL NOT EXCEED  ONE  THOU-
 S. 8007                            40                            A. 9007
 
 SAND  DOLLARS  PER  FAILURE  TO IDENTIFY, CLAIM AND PAY A BONUS FOR EACH
 EMPLOYEE.
   §  4.  Health care and mental hygiene worker bonuses for state employ-
 ees. 1. An employee who is employed by a  state  operated  facility,  an
 institutional or direct-care setting operated by the executive branch of
 the State of New York or a public hospital operated by the state univer-
 sity of New York and who is deemed substantially equivalent to the defi-
 nition of employee pursuant to paragraph (a) of subdivision 2 of section
 367-w  of  the  social services law as determined by the commissioner of
 health, in consultation with the chancellor of the state  university  of
 New  York,  the  commissioner  of  the  department of civil service, the
 director of the office of employee relations, and the  commissioners  of
 other  state  agencies,  as  applicable, and approved by the director of
 budget, shall be eligible for the health care and mental hygiene  worker
 bonus.  Such bonus shall only be paid to employees that receive an annu-
 alized base salary of one hundred thousand dollars or less.
   2. Employees shall be eligible for  health  care  and  mental  hygiene
 worker  bonuses  in  an  amount  up  to but not exceeding three thousand
 dollars per employee. The payment of bonuses shall be paid based on  the
 total  number  of  hours  worked during two vesting periods based on the
 employee's start date with the employer.  No  employee's  first  vesting
 period  may  begin  later  than March thirty-first, two thousand twenty-
 three, and in total both vesting periods may  not  exceed  one  year  in
 duration.  For each vesting period, payments shall be in accordance with
 the following:
   (a) employees who have worked an average of at least twenty  but  less
 than  thirty  hours  per  week over the course of a vesting period shall
 receive a five hundred dollar bonus for the vesting period;
   (b) employees who have worked an average of at least thirty  but  less
 than thirty-seven and one half hours per week over the course of a vest-
 ing  period  shall  receive a one thousand dollar bonus for such vesting
 period; and
   (c) employees who have worked an average of at least thirty-seven  and
 one  half  hours  per  week  over  the  course of a vesting period shall
 receive a one thousand five hundred dollar bonus for such vesting  peri-
 od.
   §  5.  An employee under this act shall be limited to a bonus of three
 thousand dollars  per  employee  without  regard  to  which  section  or
 sections such employee may be eligible.
   §  6.  Notwithstanding any provision of law to the contrary, any bonus
 payment paid pursuant to this act, to the  extent  includible  in  gross
 income for federal income tax purposes, shall not be subject to state or
 local income tax.
   § 7. This act shall take effect immediately.
 
                                  PART E
 
   Section  1.  Subdivision 1 of section 605 of the public health law, as
 amended by section 20 of part E of chapter 56 of the laws  of  2013,  is
 amended to read as follows:
   1.  A  state  aid base grant shall be reimbursed to municipalities for
 the core public health services identified in section six hundred two of
 this title, in an amount of the greater of [sixty-five] ONE  DOLLAR  AND
 THIRTY  cents per capita, [for each person in the municipality,] or [six
 hundred fifty thousand dollars] SEVEN HUNDRED  FIFTY  THOUSAND  DOLLARS,
 provided that the municipality expends at least [six hundred fifty thou-
 S. 8007                            41                            A. 9007

 sand dollars] SEVEN HUNDRED FIFTY THOUSAND DOLLARS, for such core public
 health  services. A municipality must provide all the core public health
 services identified in section six hundred two of this title to  qualify
 for  such  base  grant  unless  the municipality has the approval of the
 commissioner to expend the base grant on a portion of such  core  public
 health  services.  If any services in such section are not provided, the
 commissioner [may] SHALL limit the municipality's  per  capita  or  base
 grant  to reflect the scope of the reduced services, IN AN AMOUNT NOT TO
 EXCEED FIVE HUNDRED SEVENTY-SEVEN THOUSAND  FIVE  HUNDRED  DOLLARS.  The
 commissioner  may  use  the  amount that is not granted to contract with
 agencies, associations, or organizations to provide  such  services;  or
 the  health  department  may use such proportionate share to provide the
 services upon approval of the director of the division of the budget.
   § 2. Subdivision 2 of section 605 of the public health law, as amended
 by section 1 of part O of chapter 57 of the laws of 2019, is amended  to
 read as follows:
   2.  State  aid  reimbursement for public health services provided by a
 municipality under this title, shall be  made  if  the  municipality  is
 providing  some  or all of the core public health services identified in
 section six hundred two of this title, pursuant to an approved  applica-
 tion  for  state  aid,  at a rate of no less than thirty-six per centum,
 except for the city of New York which shall receive no less than  twenty
 per  centum,  of the difference between the amount of moneys expended by
 the municipality for public health  services  required  by  section  six
 hundred  two  of  this  title  during the fiscal year and the base grant
 provided pursuant to subdivision one of this section. PROVIDED, HOWEVER,
 THAT A  MUNICIPALITY'S  FRINGE  BENEFIT  COSTS  SHALL  BE  ELIGIBLE  FOR
 REIMBURSEMENT  AT  A FRINGE BENEFIT RATE NOT TO EXCEED FIFTY PER CENTUM,
 AS DEFINED BY SECTION SIX HUNDRED  SIXTEEN  OF  THIS  ARTICLE.  No  such
 reimbursement  shall  be provided for services that are not eligible for
 state aid pursuant to this article.
   § 3. Subdivisions 1 and 2 of section 616 of  the  public  health  law,
 subdivision  1  as  amended  by section 2 of part O of chapter 57 of the
 laws of 2019 and subdivision 2 as added by chapter 901 of  the  laws  of
 1986, are amended, and a new subdivision 4 is added to read as follows:
   1.  The  total  amount  of state aid provided pursuant to this article
 shall be limited to the amount of the annual appropriation made  by  the
 legislature.  In no event, however, shall such state aid be less than an
 amount to provide the full base grant  and,  as  otherwise  provided  by
 subdivision  two  of  section  six hundred five of this article, no less
 than thirty-six per centum, except for the city of New York which  shall
 receive  no  less than twenty per centum, AND REIMBURSEMENT OF A MUNICI-
 PALITY'S FRINGE BENEFIT COSTS NOT TO EXCEED A  FRINGE  BENEFIT  RATE  OF
 FIFTY  PER CENTUM AS DEFINED BY SUBDIVISION FOUR OF THIS SECTION, of the
 difference between the amount of moneys expended by the municipality for
 eligible public health services pursuant to an approved application  for
 state aid during the fiscal year and the base grant provided pursuant to
 subdivision one of section six hundred five of this article.
   2.  No payments shall be made from moneys appropriated for the purpose
 of this article to a municipality for contributions by the  municipality
 for  indirect  costs [and fringe benefits, including but not limited to,
 employee retirement funds, health insurance  and  federal  old  age  and
 survivors insurance].
   4.  MONEYS  APPROPRIATED FOR THE PURPOSES OF THIS ARTICLE TO A MUNICI-
 PALITY MAY INCLUDE REIMBURSEMENT OF A  MUNICIPALITY'S  FRINGE  BENEFITS,
 S. 8007                            42                            A. 9007
 
 INCLUDING BUT NOT LIMITED TO EMPLOYEE RETIREMENT FUNDS, HEALTH INSURANCE
 AND FEDERAL OLD AGE AND SURVIVOR'S INSURANCE.
   §  4.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022.
 
                                  PART F
 
   Section 1. Section 3002 of the public health law is amended by  adding
 a new subdivision 1-a to read as follows:
   1-A.    THE  STATE EMERGENCY MEDICAL SERVICES COUNCIL SHALL ADVISE THE
 COMMISSIONER ON SUCH ISSUES AS THE COMMISSIONER MAY REQUIRE  RELATED  TO
 THE  PROVISION  OF EMERGENCY MEDICAL SERVICE, SPECIALTY CARE, DESIGNATED
 FACILITY CARE, AND DISASTER MEDICAL CARE, AND ASSIST IN THE COORDINATION
 OF SUCH. THIS SHALL INCLUDE, BUT IS NOT LIMITED TO, THE  RECOMMENDATION,
 PERIODIC  REVISION,  AND APPLICATION OF RULES AND REGULATIONS, APPROPRI-
 ATENESS REVIEW STANDARDS, TREATMENT PROTOCOLS, AND  QUALITY  IMPROVEMENT
 STANDARDS.  THE  STATE  EMERGENCY MEDICAL SERVICES COUNCIL SHALL MEET AS
 FREQUENTLY AS DETERMINED NECESSARY BY THE COMMISSIONER.
   § 2. Section 3003 of the public health law is amended by adding a  new
 subdivision 1-a to read as follows:
   1-A. EACH REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL SHALL ADVISE THE
 STATE  EMERGENCY  MEDICAL  SERVICES  COUNCIL,  THE  COMMISSIONER AND THE
 DEPARTMENT ON SUCH ISSUES AS THE STATE EMERGENCY MEDICAL SERVICES  COUN-
 CIL,  THE  COMMISSIONER  AND  THE DEPARTMENT MAY REQUIRE, RELATED TO THE
 PROVISION OF  EMERGENCY  MEDICAL  SERVICE,  SPECIALTY  CARE,  DESIGNATED
 FACILITY  CARE,  AND  DISASTER  MEDICAL CARE, AND ASSIST IN THE REGIONAL
 COORDINATION OF SUCH.
   § 3. The public health law is amended by adding a new section 3004  to
 read as follows:
   §  3004.  EMERGENCY MEDICAL SERVICES QUALITY AND SUSTAINABILITY ASSUR-
 ANCE PROGRAM. THE COMMISSIONER, WITH THE ADVICE OF THE  STATE  EMERGENCY
 MEDICAL  ADVISORY  COMMITTEE,  MAY  CREATE AN EMERGENCY MEDICAL SERVICES
 QUALITY AND SUSTAINABILITY ASSURANCE PROGRAM.   STANDARDS  AND  REQUIRE-
 MENTS  OF  THE  QUALITY AND SUSTAINABILITY ASSURANCE PROGRAM MAY INCLUDE
 BUT NOT BE LIMITED TO: CLINICAL STANDARDS, QUALITY METRICS, SAFETY STAN-
 DARDS, EMERGENCY  VEHICLE  OPERATOR  STANDARDS,  CLINICAL  COMPETENCIES,
 SUSTAINABILITY  METRICS  AND  MINIMUM REQUIREMENTS FOR QUALITY ASSURANCE
 AND SUSTAINABILITY  ASSURANCE  PROGRAMS  TO  BE  FOLLOWED  BY  EMERGENCY
 MEDICAL SERVICES AGENCIES, TO PROMOTE POSITIVE PATIENT OUTCOMES, SAFETY,
 AND  EMERGENCY  MEDICAL  SERVICES  SYSTEM  SUSTAINABILITY THROUGHOUT THE
 STATE. THE COMMISSIONER IS HEREBY AUTHORIZED TO  PROMULGATE  REGULATIONS
 RELATED  TO  THE STANDARDS AND REQUIREMENTS OF THE QUALITY AND SUSTAINA-
 BILITY ASSURANCE PROGRAM. QUALITY AND SUSTAINABILITY ASSURANCE  PROGRAMS
 SHALL  REQUIRE EACH EMERGENCY MEDICAL SERVICES AGENCY TO PERFORM REGULAR
 AND PERIODIC REVIEW OF  QUALITY  AND  SUSTAINABILITY  ASSURANCE  PROGRAM
 METRICS,  IDENTIFICATION  OF AGENCY DEFICIENCIES AND STRENGTHS, DEVELOP-
 MENT OF PROGRAMS TO IMPROVE AGENCY METRICS, STRENGTHEN SYSTEM  SUSTAINA-
 BILITY,  AND CONTINUOUS MONITORING OF CARE PROVIDED.  THE DEPARTMENT MAY
 CONTRACT FOR SERVICES TO ASSIST IN THE OVERSIGHT OF THESE METRICS STATE-
 WIDE WITH SUBJECT MATTER EXPERTS TO ASSIST IN  THE  OVERSIGHT  OF  THESE
 METRICS  STATEWIDE.  THE  DEPARTMENT  MAY  DELEGATE AUTHORITY TO OVERSEE
 THESE METRICS AND REGULATIONS TO COUNTIES OR OTHER CONTRACTORS AS DETER-
 MINED BY THE COMMISSIONER. EMERGENCY MEDICAL SERVICES AGENCIES  THAT  DO
 NOT  MEET THE STANDARDS AND REQUIREMENTS SET FORTH IN THE QUALITY ASSUR-
 ANCE PROGRAM SET BY THE  COMMISSIONER  MAY  BE  SUBJECT  TO  ENFORCEMENT
 ACTIONS,  INCLUDING  BUT NOT LIMITED TO REVOCATION, SUSPENSION, PERFORM-
 S. 8007                            43                            A. 9007
 
 ANCE IMPROVEMENT PLANS, OR RESTRICTION FROM SPECIFIC TYPES  OF  RESPONSE
 SUCH  AS BUT NOT LIMITED TO SUSPENSION OF ABILITY TO RESPOND TO REQUESTS
 FOR  EMERGENCY  MEDICAL  ASSISTANCE  OR  TO  PERFORM  EMERGENCY  MEDICAL
 SERVICES.
   §  4. The public health law is amended by adding a new section 3018 to
 read as follows:
   § 3018. STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SYSTEM PLAN. 1.  THE
 DEPARTMENT,  IN  CONSULTATION  WITH THE STATE EMERGENCY MEDICAL ADVISORY
 COMMITTEE, SHALL DEVELOP AND MAINTAIN A STATEWIDE COMPREHENSIVE EMERGEN-
 CY MEDICAL SYSTEM PLAN THAT SHALL PROVIDE FOR  A  COORDINATED  EMERGENCY
 MEDICAL SYSTEM IN NEW YORK STATE, INCLUDING BUT NOT BE LIMITED TO:
   (A)   ESTABLISHING A COMPREHENSIVE STATEWIDE EMERGENCY MEDICAL SYSTEM,
 INCORPORATING FACILITIES, TRANSPORTATION, WORKFORCE, COMMUNICATIONS, AND
 OTHER TO IMPROVE THE DELIVERY OF EMERGENCY MEDICAL SERVICE  AND  THEREBY
 DECREASE MORBIDITY, HOSPITALIZATION, DISABILITY, AND MORTALITY;
   (B)    IMPROVING  THE  ACCESSIBILITY OF HIGH-QUALITY EMERGENCY MEDICAL
 SERVICE;
   (C)  COORDINATING PROFESSIONAL MEDICAL ORGANIZATIONS,  HOSPITALS,  AND
 OTHER  PUBLIC  AND  PRIVATE  AGENCIES  IN  DEVELOPING APPROACHES WHEREBY
 PERSONS WHO ARE PRESENTLY USING THE EXISTING  EMERGENCY  DEPARTMENT  FOR
 ROUTINE,  NONURGENT,  PRIMARY  MEDICAL CARE WILL BE SERVED APPROPRIATELY
 AND ECONOMICALLY; AND
   (D)  CONDUCTING, PROMOTING, AND ENCOURAGING PROGRAMS OF EDUCATION  AND
 TRAINING  DESIGNED  TO  UPGRADE  THE  KNOWLEDGE  AND SKILLS OF EMERGENCY
 MEDICAL SERVICE PRACTITIONERS TRAINING THROUGHOUT NEW  YORK  STATE  WITH
 EMPHASIS ON REGIONS UNDERSERVED BY EMERGENCY MEDICAL SERVICES.
   2.  THE STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SYSTEM PLAN SHALL BE
 REVIEWED, UPDATED IF NECESSARY, AND PUBLISHED EVERY FIVE  YEARS  ON  THE
 DEPARTMENT'S  WEBSITE,  OR  AT SUCH TIMES AS MAY BE NECESSARY TO IMPROVE
 THE EFFECTIVENESS  AND  EFFICIENCY  OF  THE  STATE'S  EMERGENCY  MEDICAL
 SERVICE SYSTEM.
   3.  EACH  REGIONAL  EMERGENCY MEDICAL ADVISORY COMMITTEE SHALL DEVELOP
 AND MAINTAIN A COMPREHENSIVE REGIONAL EMERGENCY MEDICAL SYSTEM PLAN THAT
 SHALL PROVIDE FOR A COORDINATED  EMERGENCY  MEDICAL  SYSTEM  WITHIN  THE
 REGION.  SUCH  PLANS  SHALL  BE SUBJECT TO REVIEW BY THE STATE EMERGENCY
 MEDICAL ADVISORY COMMITTEE AND APPROVAL BY THE DEPARTMENT.
   4. EACH COUNTY SHALL DEVELOP AND MAINTAIN A COMPREHENSIVE COUNTY EMER-
 GENCY MEDICAL SYSTEM PLAN THAT SHALL PROVIDE FOR A COORDINATED EMERGENCY
 MEDICAL SYSTEM WITHIN THE COUNTY. THE COUNTY OFFICE OF EMERGENCY MEDICAL
 SERVICES SHALL BE RESPONSIBLE FOR THE DEVELOPMENT AND MAINTENANCE OF THE
 COMPREHENSIVE COUNTY EMERGENCY MEDICAL SYSTEM PLAN.  SUCH PLANS SHALL BE
 SUBJECT TO REVIEW BY THE REGIONAL EMERGENCY MEDICAL ADVISORY  COMMITTEE,
 THE  STATE  ADVISORY COUNCIL AND APPROVAL BY THE DEPARTMENT. THE DEPART-
 MENT SHALL BE RESPONSIBLE FOR OVERSIGHT OF EACH COUNTY'S COMPLIANCE WITH
 THEIR PLAN.
   5. THE COMMISSIONER MAY PROMULGATE REGULATIONS  TO  ENSURE  COMPLIANCE
 WITH THIS SECTION.
   §  5. The public health law is amended by adding a new section 3019 to
 read as follows:
   § 3019. EMERGENCY MEDICAL SYSTEMS TRAINING PROGRAM. 1. THERE IS HEREBY
 ESTABLISHED A  TRAINING  PROGRAM  FOR  EMERGENCY  MEDICAL  SYSTEMS  THAT
 INCLUDES  STUDENTS,  EMERGENCY  MEDICAL SERVICE PRACTITIONERS, AGENCIES,
 FACILITIES, AND PERSONNEL, AND  THE  COMMISSIONER  MAY  PROVIDE  FUNDING
 WITHIN THE AMOUNT APPROPRIATED TO CONDUCT SUCH TRAINING PROGRAMS.  UNTIL
 SUCH  TIME  AS THE DEPARTMENT ANNOUNCES THE TRAINING PROGRAM PURSUANT TO
 THIS SECTION IS IN  EFFECT,  ALL  CURRENT  STANDARDS,  CURRICULUMS,  AND
 S. 8007                            44                            A. 9007
 
 REQUIREMENTS  FOR  STUDENTS,  EMERGENCY  MEDICAL  SERVICE PRACTITIONERS,
 AGENCIES, FACILITIES, AND PERSONNEL SHALL REMAIN IN EFFECT.
   2.  THE  DEPARTMENT,  IN CONSULTATION WITH THE STATE EMERGENCY MEDICAL
 ADVISORY COUNCIL, SHALL ESTABLISH MINIMUM EDUCATION  STANDARDS,  CURRIC-
 ULUMS  AND  REQUIREMENTS  FOR  ALL  EMERGENCY  MEDICAL  SYSTEM  TRAINING
 PROGRAMS. NO PERSON SHALL PROFESS TO PROVIDE  EMERGENCY  MEDICAL  SYSTEM
 TRAINING WITHOUT THE APPROVAL OF THE DEPARTMENT.
   3. THE DEPARTMENT IS AUTHORIZED TO PROVIDE, EITHER DIRECTLY OR THROUGH
 CONTRACT,  EMERGENCY  MEDICAL  SYSTEM  TRAINING  FOR  EMERGENCY  MEDICAL
 SERVICE PRACTITIONERS AND EMERGENCY  MEDICAL  SYSTEM  AGENCY  PERSONNEL,
 DEVELOP AND DISTRIBUTE TRAINING MATERIALS FOR USE BY INSTRUCTORS, AND TO
 RECRUIT ADDITIONAL INSTRUCTORS TO PROVIDE TRAINING.
   4.  THE  DEPARTMENT MAY VISIT AND INSPECT ANY EMERGENCY MEDICAL SYSTEM
 TRAINING PROGRAM OR TRAINING CENTER OPERATING UNDER THIS ARTICLE AND THE
 REGULATIONS ADOPTED THEREFORE TO ENSURE COMPLIANCE.
   5. THE COMMISSIONER SHALL, WITHIN AMOUNTS  APPROPRIATED,  ESTABLISH  A
 PUBLIC  SERVICE  CAMPAIGN TO RECRUIT ADDITIONAL PERSONNEL INTO THE EMER-
 GENCY MEDICAL SYSTEM FIELDS.
   6. THE COMMISSIONER SHALL, WITHIN AMOUNTS APPROPRIATED,  ESTABLISH  AN
 EMERGENCY  MEDICAL  SYSTEM  MENTAL  HEALTH  AND  WELLNESS  PROGRAM  THAT
 PROVIDES RESOURCES TO EMERGENCY MEDICAL SERVICE PRACTITIONERS TO  REDUCE
 BURNOUT, PREVENT SUICIDES, AND INCREASE SAFETY.
   7. THE DEPARTMENT MAY CREATE OR ADOPT WITH THE APPROVAL OF THE COMMIS-
 SIONER  ADDITIONAL STANDARDS, TRAINING AND CRITERIA TO BECOME A CREDENT-
 IALLED EMERGENCY MEDICAL SERVICE PRACTITIONER  TO  PROVIDE  SPECIALIZED,
 ADVANCED, OR OTHER SERVICES THAT FURTHER SUPPORT OR ADVANCE THE EMERGEN-
 CY MEDICAL SYSTEM.
   §  6. Section 3008 of the public health law is amended by adding a new
 subdivision 8 to read as follows:
   8. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL  DETERMINATIONS
 OF NEED SHALL BE CONSISTENT WITH THE STATE EMERGENCY MEDICAL SYSTEM PLAN
 ESTABLISHED  IN  SECTION  THREE  THOUSAND  EIGHTEEN OF THIS ARTICLE. THE
 COMMISSIONER MAY PROMULGATE REGULATIONS TO PROVIDE FOR THE STANDARDS  ON
 THE  DETERMINATION  OF NEED.  THE DEPARTMENT SHALL ISSUE A NEW EMERGENCY
 MEDICAL SYSTEM AGENCY CERTIFICATE  ONLY  UPON  A  DETERMINATION  THAT  A
 PUBLIC  NEED  FOR  THE PROPOSED SERVICE HAS BEEN ESTABLISHED PURSUANT TO
 REGULATION.  IF THE DEPARTMENT DETERMINES THAT A PUBLIC NEED EXISTS  FOR
 ONLY  A  PORTION  OF A PROPOSED SERVICE, A CERTIFICATE MAY BE ISSUED FOR
 THAT PORTION.   PRIOR TO REACHING A FINAL  DETERMINATION  OF  NEED,  THE
 DEPARTMENT SHALL FORWARD A SUMMARY OF THE PROPOSED SERVICE INCLUDING ANY
 DOCUMENTATION  RECEIVED  OR  SUBSEQUENT  REPORTS CREATED THERETO, TO THE
 STATE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL FOR REVIEW AND  RECOM-
 MENDATION  TO  THE  DEPARTMENT  ON  THE APPROVAL OF THE APPLICATION.  AN
 APPLICANT OR OTHER CONCERNED PARTY MAY APPEAL ANY DETERMINATION MADE  BY
 THE  DEPARTMENT  PURSUANT  TO THIS SECTION WITHIN FOURTEEN DAYS. APPEALS
 SHALL BE HEARD PURSUANT TO THE PROVISIONS OF SECTION  TWELVE-A  OF  THIS
 CHAPTER,  AND  A  FINAL  DETERMINATION  AS  TO NEED SHALL BE MADE BY THE
 COMMISSIONER UPON REVIEW OF THE REPORT AND RECOMMENDATION OF THE PRESID-
 ING ADMINISTRATIVE LAW JUDGE.
   (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  THE  COMMISSIONER  MAY  PROMULGATE REGULATIONS TO PROVIDE FOR THE
 ISSUANCE OF AN EMERGENCY MEDICAL SYSTEM  AGENCY  CERTIFICATE  WITHOUT  A
 DETERMINATION OF PUBLIC NEED.
   §  7.  Subdivision  1  of  section  3001  of the public health law, as
 amended by chapter 804 of the laws  of  1992,  is  amended  to  read  as
 follows:
 S. 8007                            45                            A. 9007
 
   1.  "Emergency  medical  service"  means  [initial  emergency  medical
 assistance including, but not  limited  to,  the  treatment  of  trauma,
 burns,  respiratory,  circulatory and obstetrical emergencies] CARE OF A
 PERSON TO, FROM, AT, IN, OR BETWEEN THE PERSON'S HOME, SCENE OF  INJURY,
 HOSPITALS,  HEALTH CARE FACILITIES, PUBLIC EVENTS OR OTHER LOCATIONS, BY
 EMERGENCY MEDICAL SERVICES PRACTITIONERS AS A PATIENT CARE TEAM  MEMBER,
 FOR  EMERGENCY,  NON-EMERGENCY,  SPECIALTY, LOW ACUITY, PREVENTATIVE, OR
 INTERFACILITY CARE; EMERGENCY AND NON-EMERGENCY MEDICAL DISPATCH;  COOR-
 DINATION  OF  EMERGENCY  MEDICAL SYSTEM EQUIPMENT AND PERSONNEL; ASSESS-
 MENT; TREATMENT, TRANSPORTATION, ROUTING, REFERRALS  AND  COMMUNICATIONS
 WITH TREATMENT FACILITIES AND MEDICAL PERSONNEL; PUBLIC EDUCATION, INJU-
 RY  PREVENTION AND WELLNESS INITIATIVES; ADMINISTRATION OF IMMUNIZATIONS
 AS APPROVED  BY  THE  STATE  EMERGENCY  MEDICAL  SERVICES  COUNCIL;  AND
 FOLLOW-UP AND RESTORATIVE CARE.
   §  8.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022.
 
                                  PART G
 
   Section 1. Notwithstanding any other provision of law, rule, or  regu-
 lation  to the contrary, the following articles of title 8 of the educa-
 tion law governing the healthcare professions are  hereby  REPEALED  and
 all  removed  provisions,  and  all  powers  authorized pursuant to such
 provisions, are hereby added to the public health law under the authori-
 ty of the commissioner of health, pursuant to a plan to be proposed  not
 inconsistent  with this section, which shall include the text of the new
 laws to be adopted.
   Article 131 MEDICINE
   Article 131-A DEFINITIONS OF  PROFESSIONAL  MISCONDUCT  APPLICABLE  TO
 PHYSICIANS, PHYSICIAN'S ASSISTANTS AND SPECIALIST'S ASSISTANTS
   Article 131-B PHYSICIAN ASSISTANTS
   Article 131-C SPECIALIST ASSISTANTS
   Article 132 CHIROPRACTIC
   Article 133 DENTISTRY, DENTAL HYGIENE, AND REGISTERED DENTAL ASSISTING
   Article 134 LICENSED PERFUSIONISTS
   Article 136 PHYSICAL THERAPY AND PHYSICAL THERAPIST ASSISTANTS
   Article 137 PHARMACY
   Article 137-A REGISTERED PHARMACY TECHNICIANS
   Article 139 NURSING
   Article 140 PROFESSIONAL MIDWIFERY PRACTICE ACT
   Article 141 PODIATRY
   Article 143 OPTOMETRY
   Article 144 OPHTHALMIC DISPENSING
   Article 153 PSYCHOLOGY
   Article 154 SOCIAL WORK
   Article 155 MASSAGE THERAPY
   Article 156 OCCUPATIONAL THERAPY
   Article 157 DIETETICS AND NUTRITION
   Article 159 SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
   Article 160 ACUPUNCTURE
   Article 162 ATHLETIC TRAINERS
   Article 163 MENTAL HEALTH PRACTITIONERS
   Article 164 RESPIRATORY THERAPISTS AND RESPIRATORY THERAPY TECHNICIANS
   Article 165 CLINICAL LABORATORY TECHNOLOGY PRACTICE ACT
   Article 166 MEDICAL PHYSICS PRACTICE
   Article 167 APPLIED BEHAVIOR ANALYSIS
 S. 8007                            46                            A. 9007
 
   Article 168 LICENSED PATHOLOGISTS' ASSISTANTS
   §  2.  Transfer of functions, powers, duties and obligations. Notwith-
 standing any inconsistent provisions of law to the  contrary,  effective
 January  1,  2023,  all functions, powers, duties and obligations of the
 education department concerning the professions of medicine, physicians,
 physicians assistants, specialist assistants,  chiropractic,  dentistry,
 dental  hygiene,  registered  dental  assisting, perfusionists, physical
 therapy, physical  therapy  assistants,  pharmacy,  registered  pharmacy
 technicians,   nursing,  professional  midwifery,  podiatry,  optometry,
 ophthalmic dispensing, psychology, social work, massage therapy, occupa-
 tional therapy, dietetics and  nutrition,  speech-language  pathologists
 and  audiologist,  acupuncture, athletic trainers, mental health practi-
 tioners, respiratory therapists, respiratory therapy technicians,  clin-
 ical  laboratory technology, medical physics, applied behavior analysis,
 and licensed pathologists' assistants under title 8 of the education law
 shall be transferred to the New York state department of health.
   § 3. Transfer of records. All books, papers and property of the  state
 education  department  with  respect to the functions, powers and duties
 transferred by sections one through nine of this act are to be delivered
 to the appropriate offices within the  department  of  health,  at  such
 place and time, and in such manner as the department of health requires.
   §  4.  Continuity  of  authority.  For  the  purpose of all functions,
 powers, duties and obligations of the state education department  trans-
 ferred  to  and  assumed  by the department of health, the department of
 health shall continue the operation of the provisions previously done by
 the state education department, pursuant to sections one through nine of
 this act.
   § 5. Completion of unfinished business. Any business or  other  matter
 undertaken  or commenced by the state education department pertaining to
 or connected with the functions, powers, duties and  obligations  hereby
 transferred  and assigned to the department of health and pending on the
 effective date of January 1, 2023 shall be conducted  and  completed  by
 the department of health in the same manner and under the same terms and
 conditions and with the same effect as if conducted and completed by the
 state education department.
   §  6.  Continuation  of rules and regulations. All rules, regulations,
 acts, orders, determinations,  and  decisions  of  the  state  education
 department  in  force at the time of such transfer and assumption, shall
 continue in force and effect as rules, regulations, acts, orders, deter-
 minations and decisions of the department of health until duly  modified
 or abrogated by the department of health.
   §  7.  Terms  occurring  in laws, contracts and other documents. When-
 ever the state education department is referred to or designated in  any
 law,  contract  or  document  pertaining to the functions, powers, obli-
 gations and duties hereby transferred and assigned,  such  reference  or
 designation  shall  be  deemed  to  refer to department of health or the
 commissioner thereof.
   § 8. Existing rights and remedies  preserved.  No  existing  right  or
 remedy of any character shall be lost, impaired or affected by reason of
 sections one through nine of this act.
   §  9.  Pending actions or proceedings. No action or proceeding pending
 at the time when sections one through nine of this act shall take effect
 relating to the functions, powers and  duties  of  the  state  education
 department  transferred  pursuant  to  sections one through nine of this
 act, brought by or against the state education department  or  board  of
 regents  shall  be affected by any provision of sections one through one
 S. 8007                            47                            A. 9007
 
 hundred forty of this act, but the same may be prosecuted or defended in
 the name of commissioner of  the  department  of  health.  In  all  such
 actions and proceedings, the commissioner of health, upon application to
 the court, shall be substituted as a party.
   § 10. This act shall take effect January 1, 2023.
 
                                  PART H
 
   Section  1. Subdivision 1 of section 91 of part H of chapter 59 of the
 laws of 2011, amending the public health law and other laws relating  to
 general hospital reimbursement for annual rates, as amended by section 2
 of  part  A  of  chapter  56  of the laws of 2013, is amended to read as
 follows:
   1. Notwithstanding any inconsistent provision of state  law,  rule  or
 regulation  to  the  contrary,  subject to federal approval, the year to
 year rate of growth of department of health state funds Medicaid  spend-
 ing shall not exceed the [ten] FIVE year rolling average of the [medical
 component  of the consumer price index as published by the United States
 department of labor, bureau  of  labor  statistics,]  MEDICAID  SPENDING
 ANNUAL  GROWTH  RATE  PROJECTIONS WITHIN THE NATIONAL HEALTH EXPENDITURE
 ACCOUNTS PRODUCED BY THE OFFICE OF THE ACTUARY IN  THE  FEDERAL  CENTERS
 FOR  MEDICARE  AND MEDICAID SERVICES for the preceding [ten] FIVE years;
 provided, however, that for state  fiscal  year  2013-14  and  for  each
 fiscal  year  thereafter,  the  maximum allowable annual increase in the
 amount of department of health state funds Medicaid  spending  shall  be
 calculated  by multiplying the department of health state funds Medicaid
 spending for the previous year, minus the amount of  any  department  of
 health  state  operations  spending included therein, by such [ten] FIVE
 year rolling average.
   § 2. Paragraph (a) of subdivision 1 of section 92 of part H of chapter
 59 of the laws of 2011, amending the public health law  and  other  laws
 relating  to  relating to known and projected department of health state
 fund Medicaid expenditures, as amended by section 1 of part A of chapter
 57 of the laws of 2021, is amended to read as follows:
   (a) For state fiscal years  2011-12  through  [2021-22]  2023-24,  the
 director  of the budget, in consultation with the commissioner of health
 referenced as "commissioner" for purposes of this section, shall  assess
 on  a  quarterly  basis,  as  reflected in quarterly reports pursuant to
 subdivision five of this  section  known  and  projected  department  of
 health  state  funds medicaid expenditures by category of service and by
 geographic regions, as defined by the commissioner.
   § 3. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2022.
 
                                  PART I
 
   Section  1.  1.  Notwithstanding any provision of law to the contrary,
 for the state fiscal years beginning April 1, 2022 and ending  on  March
 31,  2024,  all department of health Medicaid payments made for services
 provided on and after April 1, 2022, shall be subject to a uniform  rate
 increase  of one percent, subject to the approval of the commissioner of
 the department of health and director of the budget. Such rate  increase
 shall be subject to federal financial participation.
   2.  The  following  types  of  payments shall be exempt from increases
 pursuant to this section:
 S. 8007                            48                            A. 9007
 
   (a) payments that would violate federal law including, but not limited
 to, hospital disproportionate share payments that would be in excess  of
 federal statutory caps;
   (b)  payments  made by other state agencies including, but not limited
 to, those made pursuant to articles 16, 31 and 32 of the mental  hygiene
 law;
   (c)  payments  the state is obligated to make pursuant to court orders
 or judgments;
   (d) payments for which the non-federal  share  does  not  reflect  any
 state funding; and
   (e)  at  the discretion of the commissioner of health and the director
 of the budget, payments with regard  to  which  it  is  determined  that
 application of increases pursuant to this section would result, by oper-
 ation  of  federal law, in a lower federal medical assistance percentage
 applicable to such payments.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2022.
 
                                  PART J
 
   Section  1.  Paragraph  (c) of subdivision 35 of section 2807-c of the
 public health law, as amended by section 32 of part C of chapter  60  of
 the laws of 2014, is amended to read as follows:
   (c)  The  base period reported costs and statistics used for rate-set-
 ting for operating cost components, including the  weights  assigned  to
 diagnostic  related  groups,  shall  be  updated no less frequently than
 every four years and the new base period [shall] MAY  be  no  more  than
 four  years prior to the first applicable rate period that utilizes such
 new base period provided, however, that the first  updated  base  period
 shall begin on or after April first, two thousand fourteen, but no later
 than  July  first,  two thousand fourteen; AND FURTHER PROVIDED THAT THE
 UPDATED BASE PERIOD SUBSEQUENT TO  JULY  FIRST,  TWO  THOUSAND  EIGHTEEN
 SHALL BEGIN ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022.
 
                                  PART K
 
   Section 1. The public health law is amended by adding  a  new  section
 2825-g to read as follows:
   §  2825-G. HEALTH CARE FACILITY TRANSFORMATION PROGRAM:  STATEWIDE IV.
 1. A STATEWIDE HEALTH CARE FACILITY  TRANSFORMATION  PROGRAM  IS  HEREBY
 ESTABLISHED WITHIN THE DEPARTMENT FOR THE PURPOSE OF TRANSFORMING, REDE-
 SIGNING,  AND  STRENGTHENING  QUALITY  HEALTH CARE SERVICES IN ALIGNMENT
 WITH STATEWIDE AND REGIONAL  HEALTH  CARE  NEEDS,  AND  IN  THE  ONGOING
 PANDEMIC  RESPONSE.  THE  PROGRAM SHALL ALSO PROVIDE FUNDING, SUBJECT TO
 LAWFUL APPROPRIATION, IN SUPPORT OF  CAPITAL  PROJECTS  THAT  FACILITATE
 FURTHERING SUCH TRANSFORMATIONAL GOALS.
   2.  THE  COMMISSIONER SHALL ENTER INTO AN AGREEMENT WITH THE DORMITORY
 AUTHORITY OF THE STATE OF NEW YORK PURSUANT TO SECTION  SIXTEEN  HUNDRED
 EIGHTY-R OF THE PUBLIC AUTHORITIES LAW, WHICH SHALL APPLY TO THIS AGREE-
 MENT,  SUBJECT  TO  THE  APPROVAL OF THE DIRECTOR OF THE DIVISION OF THE
 BUDGET, FOR THE PURPOSES OF  THE  DISTRIBUTION,  AND  ADMINISTRATION  OF
 AVAILABLE FUNDS, PURSUANT TO SUCH AGREEMENT, AND MADE AVAILABLE PURSUANT
 TO  THIS  SECTION  AND  APPROPRIATION.  SUCH  FUNDS  MAY  BE AWARDED AND
 DISTRIBUTED BY THE DEPARTMENT  FOR  GRANTS  TO  HEALTH  CARE  FACILITIES
 S. 8007                            49                            A. 9007
 
 INCLUDING BUT NOT LIMITED TO, HOSPITALS, RESIDENTIAL HEALTH CARE FACILI-
 TIES, ADULT CARE FACILITIES LICENSED UNDER TITLE TWO OF ARTICLE SEVEN OF
 THE  SOCIAL  SERVICES LAW, DIAGNOSTIC AND TREATMENT CENTERS, AND CLINICS
 LICENSED  PURSUANT TO THIS CHAPTER OR THE MENTAL HYGIENE LAW, CHILDREN'S
 RESIDENTIAL TREATMENT FACILITIES LICENSED PURSUANT TO ARTICLE THIRTY-ONE
 OF THE MENTAL HYGIENE LAW, ASSISTED  LIVING  PROGRAMS  APPROVED  BY  THE
 DEPARTMENT  PURSUANT  TO  SECTION FOUR HUNDRED SIXTY-ONE-L OF THE SOCIAL
 SERVICES LAW, BEHAVIORAL HEALTH FACILITIES LICENSED PURSUANT TO ARTICLES
 THIRTY-ONE AND THIRTY-TWO OF THE MENTAL  HYGIENE  LAW,  AND  INDEPENDENT
 PRACTICE  ASSOCIATIONS  OR  ORGANIZATIONS. A COPY OF SUCH AGREEMENT, AND
 ANY AMENDMENTS THERETO, SHALL BE PROVIDED BY THE DEPARTMENT TO THE CHAIR
 OF THE SENATE FINANCE COMMITTEE, THE CHAIR  OF  THE  ASSEMBLY  WAYS  AND
 MEANS COMMITTEE, AND THE DIRECTOR OF THE DIVISION OF THE BUDGET NO LATER
 THAN  THIRTY  DAYS AFTER SUCH AGREEMENT IS FINALIZED.  PROJECTS AWARDED,
 IN WHOLE OR PART, UNDER SECTIONS TWENTY-EIGHT HUNDRED TWENTY-FIVE-A  AND
 TWENTY-EIGHT HUNDRED TWENTY-FIVE-B OF THIS ARTICLE SHALL NOT BE ELIGIBLE
 FOR GRANTS OR AWARDS MADE AVAILABLE UNDER THIS SECTION.
   3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION OR ANY INCONSISTENT
 PROVISION  OF  LAW TO THE CONTRARY, AND UPON APPROVAL OF THE DIRECTOR OF
 THE BUDGET, THE COMMISSIONER MAY, SUBJECT TO THE AVAILABILITY OF  LAWFUL
 APPROPRIATION,  AWARD  UP  TO  FOUR HUNDRED FIFTY MILLION DOLLARS OF THE
 FUNDS MADE AVAILABLE PURSUANT  TO  THIS  SECTION  FOR  UNFUNDED  PROJECT
 APPLICATIONS SUBMITTED IN RESPONSE TO THE REQUEST FOR APPLICATION NUMBER
 18406  ISSUED  BY  THE  DEPARTMENT  ON SEPTEMBER THIRTIETH, TWO THOUSAND
 TWENTY-ONE PURSUANT TO SECTION  TWENTY-EIGHT  HUNDRED  TWENTY-FIVE-F  OF
 THIS  ARTICLE. AUTHORIZED AMOUNTS TO BE AWARDED PURSUANT TO APPLICATIONS
 SUBMITTED IN RESPONSE TO THE REQUEST FOR APPLICATION NUMBER 18406  SHALL
 BE AWARDED NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO.
 PROVIDED, HOWEVER, THAT A MINIMUM OF:
   (A)  TWENTY-FIVE  MILLION DOLLARS OF TOTAL AWARDED FUNDS SHALL BE MADE
 TO COMMUNITY-BASED HEALTH CARE PROVIDERS, WHICH  FOR  PURPOSES  OF  THIS
 SECTION  SHALL  BE DEFINED AS A DIAGNOSTIC AND TREATMENT CENTER LICENSED
 OR GRANTED AN OPERATING CERTIFICATE UNDER THIS ARTICLE;
   (B) TWENTY-FIVE MILLION DOLLARS OF TOTAL AWARDED FUNDS SHALL  BE  MADE
 TO  A  MENTAL HEALTH CLINIC LICENSED OR GRANTED AN OPERATING CERTIFICATE
 UNDER ARTICLE THIRTY-ONE OF THE MENTAL  HYGIENE  LAW;  A  SUBSTANCE  USE
 DISORDER  TREATMENT  CLINIC LICENSED OR GRANTED AN OPERATING CERTIFICATE
 UNDER ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW; INDEPENDENT PRACTICE
 ASSOCIATIONS OR ORGANIZATIONS; A CLINIC LICENSED OR GRANTED AN OPERATING
 CERTIFICATE UNDER ARTICLE SIXTEEN OF THE MENTAL HYGIENE LAW; A HOME CARE
 PROVIDER CERTIFIED OR LICENSED PURSUANT TO ARTICLE  THIRTY-SIX  OF  THIS
 CHAPTER; OR HOSPICES LICENSED OR GRANTED AN OPERATING CERTIFICATE PURSU-
 ANT TO ARTICLE FORTY OF THIS CHAPTER; AND
   (C)  FIFTY  MILLION  DOLLARS  OF  TOTAL AWARDED FUNDS SHALL BE MADE TO
 RESIDENTIAL HEALTH CARE FACILITIES OR ADULT CARE FACILITIES.
   4. NOTWITHSTANDING SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED  SIXTY-
 THREE  OF  THE STATE FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND ONE
 HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, OR ANY INCONSISTENT
 PROVISION OF LAW TO THE CONTRARY, UP TO TWO HUNDRED MILLION  DOLLARS  OF
 THE  FUNDS  APPROPRIATED  FOR  THIS  PROGRAM SHALL BE AWARDED, WITHOUT A
 COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS, FOR  GRANTS  TO  HEALTH
 CARE  PROVIDERS FOR PURPOSES OF MODERNIZATION OF AN EMERGENCY DEPARTMENT
 OF REGIONAL SIGNIFICANCE. FOR PURPOSES OF THIS SUBDIVISION, AN EMERGENCY
 DEPARTMENT SHALL BE CONSIDERED TO HAVE REGIONAL SIGNIFICANCE IF IT:  (A)
 SERVES  AS  LEVEL 1 TRAUMA CENTER WITH THE HIGHEST VOLUME IN ITS REGION;
 (B) INCLUDES  THE  CAPACITY  TO  SEGREGATE  PATIENTS  WITH  COMMUNICABLE
 S. 8007                            50                            A. 9007
 
 DISEASES,  TRAUMA OR SEVERE BEHAVIORAL HEALTH ISSUES FROM OTHER PATIENTS
 IN THE EMERGENCY DEPARTMENT; (C) PROVIDES TRAINING IN EMERGENCY CARE AND
 TRAUMA CARE TO RESIDENTS FROM MULTIPLE HOSPITALS IN THE REGION; AND  (D)
 SERVES A HIGH PROPORTION OF MEDICAID PATIENTS.
   5.  (A)  NOTWITHSTANDING  SECTIONS  ONE HUNDRED TWELVE AND ONE HUNDRED
 SIXTY-THREE OF THE STATE FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND
 ONE HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, OR  ANY  INCON-
 SISTENT  PROVISION  OF  LAW  TO  THE CONTRARY, UP TO SEVEN HUNDRED FIFTY
 MILLION DOLLARS OF THE FUNDS APPROPRIATED  FOR  THIS  PROGRAM  SHALL  BE
 AWARDED,  WITHOUT A COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS, FOR
 GRANTS TO HEALTH CARE PROVIDERS (HEREAFTER "APPLICANTS").
   (B) AWARDS MADE PURSUANT TO THIS  SUBDIVISION  SHALL  PROVIDE  FUNDING
 ONLY  FOR CAPITAL PROJECTS, TO THE EXTENT LAWFUL APPROPRIATION AND FUND-
 ING IS AVAILABLE, TO BUILD INNOVATIVE, PATIENT-CENTERED MODELS OF  CARE,
 INCREASE  ACCESS  TO  CARE, TO IMPROVE THE QUALITY OF CARE AND TO ENSURE
 FINANCIAL SUSTAINABILITY OF HEALTH CARE PROVIDERS.
   6. NOTWITHSTANDING SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED  SIXTY-
 THREE  OF  THE STATE FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND ONE
 HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, OR ANY INCONSISTENT
 PROVISION OF LAW TO THE  CONTRARY,  UP  TO  ONE  HUNDRED  FIFTY  MILLION
 DOLLARS  OF  THE  FUNDS  APPROPRIATED FOR THIS PROGRAM SHALL BE AWARDED,
 WITHOUT A COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS,  FOR  TECHNO-
 LOGICAL AND TELEHEALTH TRANSFORMATION PROJECTS.
   7.  NOTWITHSTANDING SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED SIXTY-
 THREE OF THE STATE FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO  AND  ONE
 HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, OR ANY INCONSISTENT
 PROVISION  OF  LAW  TO  THE CONTRARY, UP TO FIFTY MILLION DOLLARS OF THE
 FUNDS APPROPRIATED FOR THIS PROGRAM SHALL BE AWARDED, WITHOUT A  COMPET-
 ITIVE BID OR A REQUEST FOR PROPOSAL PROCESS, TO RESIDENTIAL AND COMMUNI-
 TY-BASED ALTERNATIVES TO THE TRADITIONAL MODEL OF NURSING HOME CARE.
   8. SELECTION OF AWARDS MADE BY THE DEPARTMENT PURSUANT TO SUBDIVISIONS
 THREE,  FOUR, FIVE, SIX AND SEVEN OF THIS SECTION SHALL BE CONTINGENT ON
 AN EVALUATION PROCESS ACCEPTABLE TO THE COMMISSIONER AND APPROVED BY THE
 DIRECTOR OF THE DIVISION OF THE BUDGET. DISBURSEMENT OF  AWARDS  MAY  BE
 CONTINGENT  ON  ACHIEVING  CERTAIN  PROCESS  AND PERFORMANCE METRICS AND
 MILESTONES THAT ARE STRUCTURED TO ENSURE THAT THE GOALS OF  THE  PROJECT
 ARE ACHIEVED.
   9.  THE  DEPARTMENT SHALL PROVIDE A REPORT ON A QUARTERLY BASIS TO THE
 CHAIRS OF THE SENATE FINANCE, ASSEMBLY WAYS AND MEANS,  AND  SENATE  AND
 ASSEMBLY HEALTH COMMITTEES, UNTIL SUCH TIME AS THE DEPARTMENT DETERMINES
 THAT  THE  PROJECTS  THAT  RECEIVE  FUNDING PURSUANT TO THIS SECTION ARE
 SUBSTANTIALLY COMPLETE. SUCH REPORTS SHALL BE SUBMITTED  NO  LATER  THAN
 SIXTY  DAYS  AFTER THE CLOSE OF THE QUARTER, AND SHALL INCLUDE, FOR EACH
 AWARD, THE NAME OF THE  APPLICANT,  A  DESCRIPTION  OF  THE  PROJECT  OR
 PURPOSE,  THE  AMOUNT  OF  THE  AWARD,  DISBURSEMENT DATE, AND STATUS OF
 ACHIEVEMENT OF PROCESS AND PERFORMANCE METRICS AND  MILESTONES  PURSUANT
 TO SUBDIVISION SIX OF THIS SECTION.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022.

                                  PART L
 
   Section 1. Subdivision 3 of section 2801-a of the public  health  law,
 as amended by section 57 of part A of chapter 58 of the laws of 2010, is
 amended to read as follows:
 S. 8007                            51                            A. 9007
 
   3.  The  public health and health planning council shall not approve a
 certificate of incorporation, articles of  organization  or  application
 for  establishment  unless it is satisfied, insofar as applicable, as to
 (a) the public need for the existence of the institution at the time and
 place  and  under the circumstances proposed, provided, however, that in
 the case of an institution proposed to be established or operated by  an
 organization  defined in subdivision one of section one hundred seventy-
 two-a of the executive law, the needs of the members  of  the  religious
 denomination  concerned,  for care or treatment in accordance with their
 religious or ethical convictions, shall be deemed to be public need; (b)
 the character,  competence,  and  standing  in  the  community,  of  the
 proposed  incorporators,  directors,  sponsors,  stockholders,  members,
 CONTROLLING PERSONS, or operators; with respect to any proposed incorpo-
 rator, director, sponsor, stockholder, member , CONTROLLING  PERSON,  or
 operator  who is already or within the past [ten] SEVEN years [has] been
 an incorporator, director, sponsor, member, principal stockholder, prin-
 cipal member, CONTROLLING PERSON, or  operator  any  hospital  OR  OTHER
 HEALTH-RELATED  OR LONG-TERM CARE FACILITY, PROGRAM OR AGENCY, INCLUDING
 BUT NOT LIMITED TO, private proprietary home for adults,  residence  for
 adults,  or  non-profit home for the aged or blind which has been issued
 an operating certificate by the state department of social services,  or
 a halfway house, hostel or other residential facility or institution for
 the care, custody or treatment of the mentally disabled which is subject
 to  approval  by  the department of mental hygiene, no approval shall be
 granted unless the public health and  health  planning  council,  having
 afforded  an adequate opportunity to members of health systems agencies,
 if any, having geographical jurisdiction of the area where the  institu-
 tion  is to be located to be heard, shall affirmatively find by substan-
 tial evidence as to each such incorporator, director,  sponsor,  MEMBER,
 principal stockholder, PRINCIPAL MEMBER, CONTROLLING PERSON, or operator
 that a substantially consistent high level of care is being or was being
 rendered  in each such hospital, home, residence, halfway house, hostel,
 or other residential facility or institution [with] IN which such person
 is or was affiliated; for the purposes of  this  paragraph,  the  public
 health  and  health  planning council shall adopt rules and regulations,
 subject to the approval of the commissioner, to establish  the  criteria
 to be used to determine whether a substantially consistent high level of
 care  has  been  rendered,  provided, however, that there shall not be a
 finding that a substantially consistent high  level  of  care  has  been
 rendered where there have been violations of the state hospital code, or
 other  applicable rules and regulations, that (i) threatened to directly
 affect the health, safety or welfare of any  patient  or  resident,  and
 (ii)  were  recurrent  or were not promptly corrected; (c) the financial
 resources of the proposed institution and its sources of  future  reven-
 ues; and (d) such other matters as it shall deem pertinent.
   §  2. Paragraphs (b) and (c) of subdivision 4 of section 2801-a of the
 public health law, as amended by section 57 of part A of chapter  58  of
 the laws of 2010, are amended to read as follows:
   (b)  [(i)]  Any  transfer,  assignment  or  other  disposition of [ten
 percent or more of] an interest, STOCK,  or  voting  rights  in  a  SOLE
 PROPRIETORSHIP,  partnership  [or],  limited liability company, NON-FOR-
 PROFIT CORPORATION, OR CORPORATION which is the operator of  a  hospital
 [to a new partner or member] OR ANY TRANSFER, ASSIGNMENT OR OTHER DISPO-
 SITION  WHICH RESULTS IN THE OWNERSHIP OR CONTROL OF AN INTEREST, STOCK,
 OR VOTING RIGHTS IN THAT OPERATOR,  shall  be  approved  by  the  public
 health and health planning council, in accordance with the provisions of
 S. 8007                            52                            A. 9007
 
 subdivisions two [and], three, AND THREE-B of this section, except that:
 [(A) any such change shall be subject to the approval by the public]
   (I)  PUBLIC  health and health planning council APPROVAL in accordance
 with paragraph (b) of [subdivision] SUBDIVISIONS three  AND  THREE-B  of
 this  section SHALL BE REQUIRED only with respect to [the new partner or
 member, and]  any  [remaining  partners  or  members]  PERSON,  PARTNER,
 MEMBER,  OR  STOCKHOLDER who [have] HAS not been previously approved for
 that [facility] OPERATOR in accordance with  [such  paragraph,  and  (B)
 such  change  shall not be subject to paragraph (a) of subdivision three
 of this section] PARAGRAPH (B)  OF  SUBDIVISION  THREE  AND  SUBDIVISION
 THREE-B OF THIS SECTION.
   (ii)  [With]  SUCH  CHANGE  SHALL  NOT  BE  SUBJECT TO THE PUBLIC NEED
 ASSESSMENT DESCRIBED IN PARAGRAPH  (A)  OF  SUBDIVISION  THREE  OF  THIS
 SECTION.
   (III) NO PRIOR APPROVAL OF THE PUBLIC HEALTH AND HEALTH PLANNING COUN-
 CIL SHALL BE REQUIRED WITH respect to a transfer, assignment or disposi-
 tion  [involving  less than ten percent of], DIRECTLY OR INDIRECTLY, OF:
 (A) an interest, STOCK, or voting rights OF LESS  THAN  TEN  PERCENT  in
 [such partnership or limited liability company] THE OPERATOR, to [a new]
 ANY  PERSON,  partner  [or],  member,  [no  prior approval of the public
 health and health planning council shall be required] OR STOCKHOLDER WHO
 HAS NOT BEEN PREVIOUSLY APPROVED BY THE PUBLIC HEALTH AND  HEALTH  PLAN-
 NING  COUNCIL,  OR  ITS  PREDECESSOR FOR THAT OPERATOR. However, no such
 transaction shall be effective unless at least ninety days prior to  the
 intended  effective  date thereof, the [partnership or limited liability
 company] OPERATOR fully completes and files with the public  health  and
 health  planning council notice on a form, to be developed by the public
 health and health planning council, which shall disclose  such  informa-
 tion  as may reasonably be necessary FOR THE DEPARTMENT TO RECOMMEND AND
 for the public health and health planning council to  determine  whether
 it  should bar the transaction for any of the reasons set forth in [item
 (A), (B), (C) or (D)] CLAUSE ONE, TWO, THREE  OR  FOUR  below,  AND  HAS
 FULLY RESPONDED TO ANY REQUEST FOR ADDITIONAL INFORMATION BY THE DEPART-
 MENT  ACTING  ON BEHALF OF THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL
 DURING THE REVIEW PERIOD. SUCH TRANSACTION WILL BE FINAL UPON COMPLETION
 OF THE REVIEW PERIOD, WHICH SHALL BE NO LONGER THAN NINETY DAYS FROM THE
 DATE THE DEPARTMENT RECEIVES A COMPLETE RESPONSE TO  ITS  FINAL  REQUEST
 FOR ADDITIONAL INFORMATION, UNLESS, PRIOR THERETO, THE PUBLIC HEALTH AND
 HEALTH  PLANNING  COUNCIL HAS NOTIFIED EACH PARTY TO THE PROPOSED TRANS-
 ACTION THAT IT HAS BARRED SUCH TRANSACTIONS.  [Within ninety  days  from
 the  date  of  receipt of such notice, the] THE public health and health
 planning council may bar any transaction under this subparagraph:  [(A)]
 (1)  if  the  equity position of the partnership [or], limited liability
 company, OR CORPORATION THAT OPERATES A HOSPITAL FOR PROFIT,  determined
 in  accordance  with  generally accepted accounting principles, would be
 reduced as a result of the transfer, assignment  or  disposition;  [(B)]
 (2) if the transaction would result in the ownership of a partnership or
 membership interest OR STOCK by any persons who have been convicted of a
 felony described in subdivision five of section twenty-eight hundred six
 of  this  article;  [(C)] (3) if there are reasonable grounds to believe
 that the proposed transaction does not satisfy the character and  compe-
 tence  criteria  set  forth  in  subdivision  three  OR  THREE-B of this
 section; or [(D)] (4) if the transaction, together with all transactions
 under this subparagraph for the [partnership,  or  successor,]  OPERATOR
 during any five year period would, in the aggregate, involve twenty-five
 percent  or  more  of  the  interest  in the [partnership] OPERATOR. The
 S. 8007                            53                            A. 9007
 
 public health and health planning council shall state  specific  reasons
 for  barring any transaction under this subparagraph and shall so notify
 each party to the proposed transaction[.]; OR
   [(iii)  With  respect to a transfer, assignment or disposition of] (B)
 an interest, STOCK, or voting rights [in  such  partnership  or  limited
 liability  company]  to  any  [remaining]  PERSON, partner [or], member,
 [which transaction involves the withdrawal of the  transferor  from  the
 partnership  or  limited  liability  company,  no  prior approval of the
 public health and health planning council shall be required]  OR  STOCK-
 HOLDER,  PREVIOUSLY  APPROVED  BY  THE PUBLIC HEALTH AND HEALTH PLANNING
 COUNCIL, OR ITS PREDECESSOR, FOR THAT OPERATOR.  However, no such trans-
 action shall be effective unless at  least  ninety  days  prior  to  the
 intended  effective  date thereof, the [partnership or limited liability
 company] OPERATOR fully completes and files with the public  health  and
 health  planning council notice on a form, to be developed by the public
 health and health planning council, which shall disclose  such  informa-
 tion  as may reasonably be necessary FOR THE DEPARTMENT TO RECOMMEND AND
 for the public health and health planning council to  determine  whether
 it  should  bar  the transaction for the reason set forth below, AND HAS
 FULLY RESPONDED TO ANY REQUEST FOR ADDITIONAL INFORMATION BY THE DEPART-
 MENT ACTING ON BEHALF OF THE PUBLIC HEALTH AND HEALTH  PLANNING  COUNCIL
 DURING THE REVIEW PERIOD. SUCH TRANSACTION WILL BE FINAL UPON COMPLETION
 OF THE REVIEW PERIOD, WHICH SHALL BE NO LONGER THAN NINETY DAYS FROM THE
 DATE  THE  DEPARTMENT  RECEIVES A COMPLETE RESPONSE TO ITS FINAL REQUEST
 FOR ADDITIONAL INFORMATION, UNLESS, PRIOR THERETO, THE PUBLIC HEALTH AND
 HEALTH PLANNING COUNCIL HAS NOTIFIED EACH PARTY TO THE  PROPOSED  TRANS-
 ACTION  THAT  IT HAS BARRED SUCH TRANSACTIONS.  [Within ninety days from
 the date of receipt of such notice, the] THE public  health  and  health
 planning  council may bar any transaction under this subparagraph if the
 equity position of the partnership [or], limited liability  company,  OR
 CORPORATION  THAT  OPERATES A HOSPITAL FOR PROFIT, determined in accord-
 ance with generally accepted accounting principles, would be reduced  as
 a  result  of the transfer, assignment or disposition. The public health
 and health planning council shall state specific reasons for barring any
 transaction under this subparagraph and shall so notify  each  party  to
 the proposed transaction.
   (c)  [Any  transfer, assignment or other disposition of ten percent or
 more of the stock or voting rights thereunder of a corporation which  is
 the  operator  of a hospital or which is a member of a limited liability
 company which is the operator of a hospital to a new stockholder, or any
 transfer, assignment or other disposition of the stock or voting  rights
 thereunder  of  such  a  corporation  which  results in the ownership or
 control of more than ten percent of the stock or  voting  rights  there-
 under  of  such corporation by any person not previously approved by the
 public health and health planning council, or its predecessor, for  that
 corporation shall be subject to approval by the public health and health
 planning  council, in accordance with the provisions of subdivisions two
 and three of this section and rules and  regulations  pursuant  thereto;
 except  that:  any  such transaction shall be subject to the approval by
 the public health and health planning council in accordance  with  para-
 graph  (b)  of  subdivision three of this section only with respect to a
 new stockholder or a new principal stockholder; and shall not be subject
 to paragraph (a) of subdivision three of this section. In the absence of
 such approval, the operating  certificate  of  such  hospital  shall  be
 subject  to  revocation  or  suspension. No prior approval of the public
 health and health planning council shall be required with respect  to  a
 S. 8007                            54                            A. 9007

 transfer,  assignment or disposition of ten percent or more of the stock
 or voting rights thereunder of a corporation which is the operator of  a
 hospital  or  which  is a member of a limited liability company which is
 the  owner of a hospital to any person previously approved by the public
 health and health planning council, or its predecessor, for that  corpo-
 ration.  However, no such transaction shall be effective unless at least
 ninety days prior to the intended effective date thereof, the stockhold-
 er completes and files with the public health and health planning  coun-
 cil  notice  on  forms  to  be developed by the public health and health
 planning council, which shall disclose such information as  may  reason-
 ably  be  necessary for the public health and health planning council to
 determine whether it should bar the transaction. Such  transaction  will
 be  final  as  of the intended effective date unless, prior thereto, the
 public health and health planning council shall state  specific  reasons
 for barring such transactions under this paragraph and shall notify each
 party to the proposed transaction.] Nothing in this [paragraph] SUBDIVI-
 SION  shall  be construed as permitting [a] ANY person, PARTNER, MEMBER,
 OR STOCKHOLDER not previously approved by the public health  and  health
 planning  council  for  that [corporation] OPERATOR to [become the owner
 of] OWN OR CONTROL, DIRECTLY OR INDIRECTLY, ten percent or more  of  the
 INTEREST,  stock,  OR  VOTING  RIGHTS  of  [a]  ANY PARTNERSHIP, LIMITED
 LIABILITY COMPANY, NOT-FOR-PROFIT CORPORATION, OR corporation  which  is
 the  operator  of  a  hospital  or  A CORPORATION which is a member of a
 limited liability company which is the owner of a hospital without first
 obtaining the approval of the public health and health planning council.
 IN THE ABSENCE OF APPROVAL BY THE  PUBLIC  HEALTH  AND  HEALTH  PLANNING
 COUNCIL AS REQUIRED UNDER THIS SUBDIVISION, THE OPERATING CERTIFICATE OF
 SUCH  HOSPITAL SHALL BE SUBJECT TO REVOCATION OR SUSPENSION.  FAILURE TO
 PROVIDE NOTICE AS REQUIRED UNDER THIS SUBDIVISION MAY SUBJECT THE  OPER-
 ATING CERTIFICATE OF SUCH OPERATOR TO REVOCATION OR SUSPENSION.
   § 3. Section 3611-a of the public health law, as amended by section 92
 of  part  C  of  chapter 58 of the laws of 2009, subdivisions 1 and 2 as
 amended by section 67 of part A of chapter 58 of the laws  of  2010,  is
 amended to read as follows:
   §  3611-a.  Change  in  the operator or owner.   1. Any [change in the
 person who, or any] transfer, assignment, or  other  disposition  of  an
 interest,  STOCK,  or  voting rights [of ten percent or more]  IN A SOLE
 PROPRIETORSHIP, PARTNERSHIP, LIMITED LIABILITY  COMPANY,  NOT-FOR-PROFIT
 CORPORATION OR CORPORATION WHICH IS THE OPERATOR OF A LICENSED HOME CARE
 SERVICES  AGENCY  OR  A  CERTIFIED  HOME HEALTH AGENCY, or any transfer,
 assignment or other  disposition  which  results  in  the  ownership  or
 control  of  an  interest,  STOCK,  or  voting rights [of ten percent or
 more,] in [a limited liability company or a partnership  which  is  the]
 THAT  operator  [of  a licensed home care services agency or a certified
 home health agency], shall be approved by the public health  and  health
 planning  council, in accordance with the provisions of subdivision four
 of section thirty-six hundred five of this article relative to licensure
 or subdivision two of section thirty-six hundred  six  of  this  article
 relative to certificate of approval, except that:
   (a)  Public  health  and  health  planning  council  approval shall be
 required only with respect to the person, [or the]  PARTNER,  member  or
 [partner]  STOCKHOLDER  that is acquiring the interest, STOCK, or voting
 rights[; and].
   (b) With respect to certified home health agencies, such change  shall
 not  be subject to the public need assessment described in paragraph (a)
 of subdivision two of section thirty-six hundred six of this article.
 S. 8007                            55                            A. 9007
 
   (C) WITH RESPECT TO LICENSED HOME CARE SERVICES AGENCIES, THE  COMMIS-
 SIONER MAY PROMULGATE REGULATIONS DIRECTING WHETHER SUCH CHANGE SHALL BE
 SUBJECT  TO  THE  PUBLIC  NEED  ASSESSMENT DESCRIBED IN PARAGRAPH (A) OF
 SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED FIVE OF THIS ARTICLE.
   [(c)]  (D)  No prior approval of the public health and health planning
 council shall be required with respect  to  a  transfer,  assignment  or
 disposition, DIRECTLY OR INDIRECTLY, of:
   (i)  an  interest,  STOCK,  or  voting  rights to any person, PARTNER,
 MEMBER, OR STOCKHOLDER previously approved  by  the  public  health  and
 health planning council, or its predecessor, for that operator. HOWEVER,
 NO SUCH TRANSACTION SHALL BE EFFECTIVE UNLESS AT LEAST NINETY DAYS PRIOR
 TO THE INTENDED EFFECTIVE DATE THEREOF, THE OPERATOR COMPLETES AND FILES
 WITH THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL NOTICE ON FORMS TO BE
 DEVELOPED  BY THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, WHICH SHALL
 DISCLOSE SUCH INFORMATION AS MAY REASONABLY BE NECESSARY FOR THE DEPART-
 MENT TO RECOMMEND AND FOR THE PUBLIC HEALTH AND HEALTH PLANNING  COUNCIL
 TO  DETERMINE  WHETHER  IT  SHOULD  BAR THE TRANSACTION,   AND HAS FULLY
 RESPONDED TO ANY REQUEST FOR ADDITIONAL INFORMATION  BY  THE  DEPARTMENT
 ACTING ON BEHALF OF THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL DURING
 THE REVIEW PERIOD. SUCH TRANSACTION WILL BE FINAL UPON COMPLETION OF THE
 REVIEW  PERIOD,  WHICH SHALL BE NO LONGER THAN NINETY DAYS FROM THE DATE
 THE DEPARTMENT RECEIVES A COMPLETE RESPONSE TO  ITS  FINAL  REQUEST  FOR
 ADDITIONAL  INFORMATION,  UNLESS,  PRIOR  THERETO, THE PUBLIC HEALTH AND
 HEALTH PLANNING COUNCIL HAS NOTIFIED EACH PARTY TO THE  PROPOSED  TRANS-
 ACTION THAT IT HAS BARRED SUCH TRANSACTIONS UNDER THIS PARAGRAPH AND HAS
 STATED SPECIFIC REASONS FOR BARRING SUCH TRANSACTIONS; or
   (ii)  an interest, STOCK, or voting rights of less than ten percent in
 the operator TO ANY PERSON, PARTNER, MEMBER, OR STOCKHOLDER WHO HAS  NOT
 BEEN  PREVIOUSLY APPROVED BY THE PUBLIC HEALTH AND HEALTH PLANNING COUN-
 CIL FOR THAT OPERATOR. However, no such transaction shall  be  effective
 unless  at least ninety days prior to the intended effective date there-
 of, the [partner or member] OPERATOR completes and files with the public
 health and health planning council notice on forms to  be  developed  by
 the public health AND HEALTH PLANNING council, which shall disclose such
 information  as may reasonably be necessary FOR THE DEPARTMENT TO RECOM-
 MEND AND for the public health and health planning council to  determine
 whether  it  should  bar the transaction, AND HAS FULLY RESPONDED TO ANY
 REQUEST FOR ADDITIONAL INFORMATION BY THE DEPARTMENT ACTING ON BEHALF OF
 THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL DURING THE REVIEW  PERIOD.
 Such  transaction will be final [as of the intended effective date] UPON
 COMPLETION OF THE REVIEW PERIOD, WHICH SHALL BE NO  LONGER  THAN  NINETY
 DAYS  FROM  THE  DATE THE DEPARTMENT RECEIVES A COMPLETE RESPONSE TO ITS
 FINAL REQUEST FOR ADDITIONAL INFORMATION,  unless,  prior  thereto,  the
 public  health  and  health  planning council [shall state] HAS NOTIFIED
 EACH PARTY TO THE PROPOSED TRANSACTION THAT IT HAS  BARRED  SUCH  TRANS-
 ACTIONS UNDER THIS PARAGRAPH AND HAS STATED specific reasons for barring
 such  transactions  [under this paragraph and shall notify each party to
 the proposed transaction].
   (III) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS PERMITTING ANY
 PERSON, PARTNER, MEMBER, OR STOCKHOLDER NOT PREVIOUSLY APPROVED  BY  THE
 PUBLIC  HEALTH  AND  HEALTH PLANNING COUNCIL FOR THAT OPERATOR TO OWN OR
 CONTROL, DIRECTLY OR INDIRECTLY, TEN PERCENT OR MORE  OF  THE  INTEREST,
 STOCK,  OR  VOTING RIGHTS OF ANY PARTNERSHIP, LIMITED LIABILITY COMPANY,
 NOT-FOR-PROFIT CORPORATION, OR CORPORATION WHICH IS THE  OPERATOR  OF  A
 LICENSED  HOME  CARE  SERVICES  AGENCY OR A CERTIFIED HOME HEALTH AGENCY
 S. 8007                            56                            A. 9007
 
 WITHOUT FIRST OBTAINING THE APPROVAL OF THE  PUBLIC  HEALTH  AND  HEALTH
 PLANNING COUNCIL.
   (IV)  IN THE ABSENCE OF APPROVAL BY THE PUBLIC HEALTH AND HEALTH PLAN-
 NING COUNCIL AS REQUIRED UNDER THIS PARAGRAPH, THE  LICENSE  OR  CERTIF-
 ICATE  OF  APPROVAL  OF  SUCH OPERATOR SHALL BE SUBJECT TO REVOCATION OR
 SUSPENSION.  FAILURE TO PROVIDE NOTICE AS REQUIRED UNDER THIS  PARAGRAPH
 MAY  SUBJECT  THE LICENSE OR CERTIFICATE OF APPROVAL OF SUCH OPERATOR TO
 REVOCATION OR SUSPENSION THEREOF.
   2. [Any transfer, assignment or other disposition of  ten  percent  or
 more  of the stock or voting rights thereunder of a corporation which is
 the operator of a licensed home care services agency or a certified home
 health agency, or any transfer, assignment or other disposition  of  the
 stock or voting rights thereunder of such a corporation which results in
 the ownership or control of more than ten percent of the stock or voting
 rights  thereunder of such corporation by any person shall be subject to
 approval by the public health and health planning council in  accordance
 with  the  provisions  of subdivision four of section thirty-six hundred
 five of this article relative to licensure or subdivision two of section
 thirty-six hundred six  of  this  article  relative  to  certificate  of
 approval, except that:
   (a)  Public  health  and  health  planning  council  approval shall be
 required only with respect to the person or entity acquiring such  stock
 or voting rights; and
   (b)  With respect to certified home health agencies, such change shall
 not be subject to the public need assessment described in paragraph  (a)
 of subdivision two of section thirty-six hundred six of this article. In
 the  absence  of  such  approval, the license or certificate of approval
 shall be subject to revocation or suspension.
   (c) No prior approval of the public health and health planning council
 shall be required with respect to a transfer, assignment or  disposition
 of an interest or voting rights to any person previously approved by the
 public  health and health planning council, or its predecessor, for that
 operator. However, no such transaction  shall  be  effective  unless  at
 least one hundred twenty days prior to the intended effective date ther-
 eof,  the  partner  or member completes and files with the public health
 and health planning council notice on  forms  to  be  developed  by  the
 public  health  and  health  planning council, which shall disclose such
 information as may reasonably be necessary for  the  public  health  and
 health  planning  council  to determine whether it should bar the trans-
 action. Such transaction will be final as of the intended effective date
 unless, prior thereto, the public health  and  health  planning  council
 shall  state  specific  reasons for barring such transactions under this
 paragraph and shall notify each party to the proposed transaction.
   3.] (a) The commissioner shall charge to applicants for  a  change  in
 operator or owner of a licensed home care services agency or a certified
 home  health  agency  an  application  fee in the amount of two thousand
 dollars.
   (b) The fees paid by certified home health agencies pursuant  to  this
 subdivision for any application approved in accordance with this section
 shall  be  deemed  allowable costs in the determination of reimbursement
 rates established pursuant to this article. All fees  pursuant  to  this
 section  shall  be  payable to the department of health for deposit into
 the special revenue funds - other, miscellaneous special revenue fund  -
 339, certificate of need account.
 S. 8007                            57                            A. 9007
 
   §  4.  Paragraph  (b)  of  subdivision 3 of section 4004 of the public
 health law, as amended by section 69 of part A of chapter 58 of the laws
 of 2010, is amended to read as follows:
   (b)  Any  [change  in  the person, principal stockholder or] TRANSFER,
 ASSIGNMENT OR OTHER DISPOSITION, OF AN INTEREST, STOCK, OR VOTING RIGHTS
 IN A SOLE PROPRIETORSHIP, partnership, LIMITED LIABILITY  COMPANY,  NOT-
 FOR-PROFIT  CORPORATION,  OR  CORPORATION  which  is  the  operator of a
 hospice, OR ANY TRANSFER, ASSIGNMENT OR OTHER DISPOSITION WHICH  RESULTS
 IN  THE DIRECT OR INDIRECT OWNERSHIP OR CONTROL OF AN INTEREST, STOCK OR
 VOTING RIGHTS IN THAT OPERATOR, shall be approved by the  public  health
 and  health planning council in accordance with the provisions of subdi-
 visions one and two of this section[.]; PROVIDED, HOWEVER:
   (I) PUBLIC HEALTH  AND  HEALTH  PLANNING  COUNCIL  APPROVAL  SHALL  BE
 REQUIRED ONLY WITH RESPECT TO THE PERSON, PARTNER, MEMBER, OR STOCKHOLD-
 ER THAT IS ACQUIRING THE INTEREST, STOCK, OR VOTING RIGHTS.
   (II)  SUCH  CHANGE  SHALL NOT BE SUBJECT TO THE PUBLIC NEED ASSESSMENT
 DESCRIBED IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION.
   (III) NO PRIOR APPROVAL OF THE PUBLIC HEALTH AND HEALTH PLANNING COUN-
 CIL SHALL BE REQUIRED WITH RESPECT TO A TRANSFER, ASSIGNMENT OR DISPOSI-
 TION, DIRECTLY OR INDIRECTLY, OF:
   (A) AN INTEREST, STOCK, OR  VOTING  RIGHTS  TO  ANY  PERSON,  PARTNER,
 MEMBER,  OR  STOCKHOLDER  PREVIOUSLY  APPROVED  BY THE PUBLIC HEALTH AND
 HEALTH PLANNING COUNCIL, OR ITS PREDECESSOR, FOR THAT OPERATOR. HOWEVER,
 NO SUCH TRANSACTION SHALL BE EFFECTIVE UNLESS AT LEAST NINETY DAYS PRIOR
 TO THE INTENDED EFFECTIVE DATE THEREOF, THE OPERATOR COMPLETES AND FILES
 WITH THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL NOTICE, ON  FORMS  TO
 BE  DEVELOPED  BY  THE  PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, WHICH
 SHALL DISCLOSE SUCH INFORMATION AS MAY REASONABLY BE NECESSARY  FOR  THE
 DEPARTMENT  TO  RECOMMEND  AND FOR THE PUBLIC HEALTH AND HEALTH PLANNING
 COUNCIL TO DETERMINE WHETHER IT SHOULD  BAR  THE  TRANSACTION,  AND  HAS
 FULLY RESPONDED TO ANY REQUEST FOR ADDITIONAL INFORMATION BY THE DEPART-
 MENT  ACTING  ON BEHALF OF THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL
 DURING THE REVIEW PERIOD. SUCH TRANSACTION WILL BE FINAL UPON COMPLETION
 OF THE REVIEW PERIOD, WHICH SHALL BE NO LONGER THAN NINETY DAYS FROM THE
 DATE THE DEPARTMENT RECEIVES A COMPLETE RESPONSE TO  ITS  FINAL  REQUEST
 FOR ADDITIONAL INFORMATION, UNLESS, PRIOR THERETO, THE PUBLIC HEALTH AND
 HEALTH  PLANNING  COUNCIL HAS NOTIFIED EACH PARTY TO THE PROPOSED TRANS-
 ACTION THAT IT HAS BARRED SUCH TRANSACTIONS UNDER THIS PARAGRAPH AND HAS
 STATED SPECIFIC REASONS FOR BARRING SUCH TRANSACTIONS; OR
   (B) AN INTEREST, STOCK, OR VOTING RIGHTS OF LESS THAN TEN  PERCENT  IN
 THE  OPERATOR TO ANY PERSON, PARTNER, MEMBER, OR STOCKHOLDER WHO HAS NOT
 BEEN PREVIOUSLY APPROVED BY THE PUBLIC HEALTH AND HEALTH PLANNING  COUN-
 CIL  FOR  THAT OPERATOR. HOWEVER, NO SUCH TRANSACTION SHALL BE EFFECTIVE
 UNLESS AT LEAST NINETY DAYS PRIOR TO THE INTENDED EFFECTIVE DATE  THERE-
 OF,  THE  OPERATOR COMPLETES AND FILES WITH THE PUBLIC HEALTH AND HEALTH
 PLANNING COUNCIL NOTICE ON FORMS TO BE DEVELOPED BY  THE  PUBLIC  HEALTH
 AND  HEALTH  PLANNING  COUNCIL, WHICH SHALL DISCLOSE SUCH INFORMATION AS
 MAY REASONABLY BE NECESSARY FOR THE DEPARTMENT TO RECOMMEND AND FOR  THE
 PUBLIC HEALTH AND HEALTH PLANNING COUNCIL TO DETERMINE WHETHER IT SHOULD
 BAR  THE  TRANSACTION,  AND HAS FULLY RESPONDED TO ANY REQUEST FOR ADDI-
 TIONAL INFORMATION BY THE DEPARTMENT ACTING  ON  BEHALF  OF  THE  PUBLIC
 HEALTH AND HEALTH PLANNING COUNCIL DURING THE REVIEW PERIOD. SUCH TRANS-
 ACTION  WILL  BE FINAL UPON COMPLETION OF THE REVIEW PERIOD, WHICH SHALL
 BE NO LONGER THAN NINETY DAYS FROM THE DATE THE  DEPARTMENT  RECEIVES  A
 COMPLETE  RESPONSE  TO  ITS  FINAL  REQUEST  FOR ADDITIONAL INFORMATION,
 UNLESS, PRIOR THERETO, THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL HAS
 S. 8007                            58                            A. 9007
 
 NOTIFIED EACH PARTY TO THE PROPOSED TRANSACTION THAT IT HAS BARRED  SUCH
 TRANSACTIONS  UNDER  THIS  PARAGRAPH AND HAS STATED SPECIFIC REASONS FOR
 BARRING SUCH TRANSACTIONS.
   (IV)  NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS PERMITTING ANY
 PERSON, PARTNER, MEMBER, OR STOCKHOLDER NOT PREVIOUSLY APPROVED  BY  THE
 PUBLIC  HEALTH  AND  HEALTH PLANNING COUNCIL FOR THAT OPERATOR TO OWN OR
 CONTROL, DIRECTLY OR INDIRECTLY, TEN PERCENT OR MORE  OF  THE  INTEREST,
 STOCK,  OR  VOTING RIGHTS OF ANY PARTNERSHIP, LIMITED LIABILITY COMPANY,
 NOT-FOR-PROFIT CORPORATION, OR CORPORATION WHICH IS THE  OPERATOR  OF  A
 HOSPICE  WITHOUT  FIRST  OBTAINING THE APPROVAL OF THE PUBLIC HEALTH AND
 HEALTH PLANNING COUNCIL.
   (V) IN THE ABSENCE OF APPROVAL BY THE PUBLIC HEALTH AND  HEALTH  PLAN-
 NING  COUNCIL  AS  REQUIRED  UNDER  THIS  PARAGRAPH,  THE CERTIFICATE OF
 APPROVAL OF SUCH OPERATOR SHALL BE SUBJECT TO REVOCATION OR  SUSPENSION.
 FAILURE  TO  PROVIDE NOTICE AS REQUIRED UNDER THIS PARAGRAPH MAY SUBJECT
 THE CERTIFICATE OF APPROVAL OF SUCH OPERATOR TO  REVOCATION  OR  SUSPEN-
 SION.
   § 5. This act shall take effect immediately.

                                  PART M
 
   Section  1.  Paragraph  (a)  of  subdivision  2 of section 2828 of the
 public health law, as added by section 1 of part GG of chapter 57 of the
 laws of 2021, is amended to read as follows:
   (a) "Revenue" shall mean the total operating revenue from or on behalf
 of residents of the residential health care facility, government payers,
 or third-party payers, to pay for a resident's occupancy of the residen-
 tial health care facility, resident care, and the operation of the resi-
 dential health care facility as reported in the residential health  care
 facility  cost  reports  submitted to the department; provided, however,
 that revenue shall exclude:
   (I) the average increase  in  the  capital  portion  of  the  Medicaid
 reimbursement rate from the prior three years;
   (II)  FUNDING  RECEIVED  AS  REIMBURSEMENT  FOR  THE  ASSESSMENT UNDER
 SUBPARAGRAPH (VI) OF PARAGRAPH (B) OF SUBDIVISION TWO OF  SECTION  TWEN-
 TY-EIGHT  HUNDRED  SEVEN-D  OF  THIS  ARTICLE, AS RECONCILED PURSUANT TO
 PARAGRAPH (C) OF SUBDIVISION TEN OF SECTION TWENTY-EIGHT HUNDRED SEVEN-D
 OF THIS ARTICLE; AND
   (III) THE CAPITAL PER DIEM PORTION OF THE REIMBURSEMENT RATE FOR NURS-
 ING HOMES THAT HAVE A FOUR- OR FIVE-STAR RATING ASSIGNED PURSUANT TO THE
 INSPECTION RATING SYSTEM OF THE U.S. CENTERS FOR MEDICARE  AND  MEDICAID
 SERVICES (CMS RATING).
   §  2. Subdivision 4 of section 2828 of the public health law, as added
 by section 1 of part GG of chapter 57 of the laws of 2021, is amended to
 read as follows:
   4. The commissioner may waive the requirements of this  section  on  a
 case-by-case  basis  with respect to a nursing home that demonstrates to
 the commissioner's satisfaction that it experienced unexpected or excep-
 tional circumstances that prevented  compliance.  The  commissioner  may
 also  exclude  from  revenues  and  expenses,  on  a case-by-case basis,
 extraordinary revenues and capital expenses, incurred due to  a  natural
 disaster  or  other circumstances set forth by the commissioner in regu-
 lation. THE COMMISSIONER MAY ALSO EXCLUDE FROM REVENUES, ON  A  CASE-BY-
 CASE  BASIS,  THE CAPITAL PER DIEM PORTION OF THE REIMBURSEMENT RATE FOR
 NURSING HOMES THAT HAVE A THREE-STAR CMS RATING. At  least  thirty  days
 before  any  action  by  the  commissioner  under  this subdivision, the
 S. 8007                            59                            A. 9007
 
 commissioner shall transmit the proposed action to the state  office  of
 the  long-term  care ombudsman and the chairs of the senate and assembly
 health committees, and post it on the department's website.
   §  3.  Paragraph  (d) of subdivision 2-c of section 2808 of the public
 health law, as amended by section 26-a of part C of chapter  60  of  the
 laws of 2014, is amended to read as follows:
   (d)  The commissioner shall promulgate regulations, and may promulgate
 emergency regulations, to implement the provisions of this  subdivision.
 Such  regulations  shall  be  developed in consultation with the nursing
 home industry and advocates for residential health care  facility  resi-
 dents and, further, the commissioner shall provide notification concern-
 ing  such  regulations  to  the chairs of the senate and assembly health
 committees, the chair of the senate finance committee and the  chair  of
 the  assembly  ways  and means committee. Such regulations shall include
 provisions for rate adjustments or payment enhancements to facilitate  a
 minimum four-year transition of facilities to the rate-setting methodol-
 ogy  established  by  this  subdivision and may also include, but not be
 limited to, provisions for facilitating quality improvements in residen-
 tial health  care  facilities.  For  purposes  of  facilitating  quality
 improvements through the establishment of a nursing home quality pool TO
 BE  FUNDED  AT  THE DISCRETION OF THE COMMISSIONER BY (I) ADJUSTMENTS IN
 MEDICAL ASSISTANCE RATES, (II) FUNDS MADE AVAILABLE THROUGH STATE APPRO-
 PRIATIONS,  OR  (III)  A  COMBINATION  THEREOF,  those  facilities  that
 contribute  to  the  quality pool, but are deemed ineligible for quality
 pool payments due exclusively to a specific case of employee misconduct,
 shall nevertheless be eligible for a quality pool payment if the facili-
 ty properly reported the incident, did not  receive  a  survey  citation
 from  the commissioner or the Centers for Medicare and Medicaid Services
 establishing the facility's culpability with regard to  such  misconduct
 and,  but  for  the  specific  case of employee misconduct, the facility
 would have  otherwise  received  a  quality  pool  payment.  Regulations
 pertaining to the facilitation of quality improvement may be made effec-
 tive for periods on and after January first, two thousand thirteen.
   §  4.  The  opening  paragraph and paragraph (i) of subdivision (g) of
 section 2826 of the public health law, as added by section 6 of  part  J
 of chapter 60 of the laws of 2015, are amended to read as follows:
   Notwithstanding  subdivision  (a)  of this section, and within amounts
 appropriated for such purposes as described herein, for  the  period  of
 April  first,  two  thousand  [fifteen] TWENTY-TWO through March thirty-
 first, two thousand [sixteen] TWENTY-THREE, the commissioner may award a
 temporary adjustment to the non-capital components  of  rates,  or  make
 temporary  lump-sum  Medicaid  payments  to eligible [general hospitals]
 FACILITIES in severe financial distress to  enable  such  facilities  to
 maintain  operations  and vital services while such facilities establish
 long term solutions to achieve sustainable  health  services.  PROVIDED,
 HOWEVER, THE COMMISSIONER IS AUTHORIZED TO MAKE SUCH A TEMPORARY ADJUST-
 MENT  OR MAKE SUCH TEMPORARY LUMP SUM PAYMENT ONLY PURSUANT TO CRITERIA,
 AN EVALUATION PROCESS, AND TRANSFORMATION PLAN ACCEPTABLE TO THE COMMIS-
 SIONER IN CONSULTATION WITH THE DIRECTOR OF THE DIVISION OF THE BUDGET.
   (i) Eligible [general hospitals] FACILITIES shall include:
   (A) a public hospital, which for purposes of this  subdivision,  shall
 mean  a general hospital operated by a county or municipality, but shall
 exclude any such hospital operated by a public benefit corporation;
   (B) a federally designated critical access hospital;
   (C) a federally designated sole community hospital; [or]
   (D) A RESIDENTIAL HEALTH CARE FACILITY;
 S. 8007                            60                            A. 9007
 
   (E) AN ADULT CARE FACILITY;
   (F)  a  general  hospital  that  is  a  safety net hospital, which for
 purpose of this subdivision shall mean:
   (1) such hospital  has  at  least  thirty  percent  of  its  inpatient
 discharges  made up of Medicaid eligible individuals, uninsured individ-
 uals or Medicaid dually eligible individuals and with at  least  thirty-
 five percent of its outpatient visits made up of Medicaid eligible indi-
 viduals,  uninsured individuals or Medicaid dually-eligible individuals;
 or
   (2) such hospital serves at least thirty percent of the residents of a
 county or a multi-county area who  are  Medicaid  eligible  individuals,
 uninsured individuals or Medicaid dually-eligible individuals; OR
   (G)  AN INDEPENDENT PRACTICE ASSOCIATION OR ACCOUNTABLE CARE ORGANIZA-
 TION AUTHORIZED UNDER APPLICABLE REGULATIONS THAT PARTICIPATE IN MANAGED
 CARE PROVIDER NETWORK ARRANGEMENTS WITH ANY OF  THE  PROVIDER  TYPES  IN
 SUBPARAGRAPHS (A) THROUGH (F) OF THIS PARAGRAPH.
   §  5.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022.
 
                                  PART N
 
   Section 1. Subparagraph 4 of paragraph (b) of subdivision 1 of section
 366 of the social services law, as added by section 1 of part D of chap-
 ter 56 of the laws of 2013, is amended to read as follows:
   (4) An individual who is a pregnant woman or is a member of  a  family
 that  contains a dependent child living with a parent or other caretaker
 relative is eligible for standard coverage if [his or  her  MAGI]  THEIR
 household  income  does  not exceed [the MAGI-equivalent of] one hundred
 [thirty] THIRTY-THREE percent of the  [highest  amount  that  ordinarily
 would  have  been paid to a person without any income or resources under
 the family assistance program as it existed on the first day  of  Novem-
 ber,  nineteen hundred ninety-seven] FEDERAL POVERTY LINE FOR THE APPLI-
 CABLE FAMILY SIZE, which shall be calculated in accordance with guidance
 issued by the Secretary of the United States department  of  health  and
 human  services;  for  purposes of this subparagraph, the term dependent
 child means a person who is under eighteen years of age, or is  eighteen
 years  of  age  and  a  full-time  student,  who is deprived of parental
 support or care by reason of the death, continued absence,  or  physical
 or  mental  incapacity  of a parent, or by reason of the unemployment of
 the parent, as defined by the department of health.
   § 2. Subparagraph 2 of paragraph (c) of subdivision 1 of  section  366
 of  the  social services law, as added by section 1 of part D of chapter
 56 of the laws of 2013, is amended to read as follows:
   (2) An individual who, although not  receiving  public  assistance  or
 care  for  [his or her] THEIR maintenance under other provisions of this
 chapter, has income [and resources], including  available  support  from
 responsible  relatives,  that  does  not exceed the amounts set forth in
 paragraph (a) of subdivision two of this section, and is (i)  sixty-five
 years  of age or older, or certified blind or certified disabled or (ii)
 for reasons other than income [or resources], is  eligible  for  federal
 supplemental security income benefits and/or additional state payments.
   §  3.  Subparagraph 5 of paragraph (c) of subdivision 1 of section 366
 of the social services law, as added by section 1 of part D  of  chapter
 56 of the laws of 2013, is amended to read as follows:
   (5) A disabled individual at least sixteen years of age, but under the
 age of sixty-five, who: would be eligible for benefits under the supple-
 S. 8007                            61                            A. 9007
 
 mental  security income program but for earnings in excess of the allow-
 able limit; has net available income that does not  exceed  two  hundred
 fifty percent of the applicable federal income official poverty line, as
 defined  and updated by the United States department of health and human
 services, for a one-person or two-person household, as  defined  by  the
 commissioner  in  regulation;  [has  household  resources, as defined in
 paragraph (e) of subdivision two of section three hundred sixty-six-c of
 this title, other than retirement accounts, that do  not  exceed  twenty
 thousand  dollars  for a one-person household or thirty thousand dollars
 for a two-person household, as defined  by  the  commissioner  in  regu-
 lation;]  and  contributes  to  the  cost of medical assistance provided
 pursuant to this subparagraph in accordance with subdivision  twelve  of
 section  three hundred sixty-seven-a of this title; for purposes of this
 subparagraph, disabled means having a medically determinable  impairment
 of  sufficient  severity  and  duration  to  qualify  for benefits under
 section 1902(a)(10)(A)(ii)(xv) of the social security act.
   § 4. Subparagraph 10 of paragraph (c) of subdivision 1 of section  366
 of  the  social services law, as added by section 1 of part D of chapter
 56 of the laws of 2013, is amended to read as follows:
   (10) A resident of a home for adults operated  by  a  social  services
 district, or a residential care center for adults or community residence
 operated  or  certified  by  the  office  of mental health, and has not,
 according to criteria promulgated by the department consistent with this
 title, sufficient income, or in the case of a person sixty-five years of
 age or older, certified blind, or certified disabled, sufficient  income
 [and resources], including available support from responsible relatives,
 to  meet  all  the costs of required medical care and services available
 under this title.
   § 5. Paragraph (a) of subdivision 2  of  section  366  of  the  social
 services law, as separately amended by chapter 32 and 588 of the laws of
 1968,  the  opening  paragraph  as  amended by chapter 41 of the laws of
 1992, subparagraph 1 as amended by section 27 of part C of  chapter  109
 of  the laws of 2006, subparagraphs 3 and 6 as amended by chapter 938 of
 the laws of 1990, subparagraph 4 as amended by section 43  and  subpara-
 graph  7 as amended by section 47 of part C of chapter 58 of the laws of
 2008, subparagraph 5 as amended by chapter 576  of  the  laws  of  2007,
 subparagraph  9  as amended by chapter 110 of the laws of 1971, subpara-
 graph 10 as added by chapter 705 of the laws of 1988,  clauses  (i)  and
 (ii)  of  subparagraph 10 as amended by chapter 672 of the laws of 2019,
 clause (iii) of subparagraph 10 as amended by chapter 170 of the laws of
 1994, and subparagraph 11 as added by chapter 576 of the laws  of  2015,
 is amended to read as follows:
   (a) The following [income and resources] shall be exempt and shall not
 be  taken  into  consideration in determining a person's eligibility for
 medical care, services and supplies available under this title:
   (1) (i) for applications for medical assistance  filed  on  or  before
 December thirty-first, two thousand five, a homestead which is essential
 and appropriate to the needs of the household;
   (ii) for applications for medical assistance filed on or after January
 first,  two thousand six, a homestead which is essential and appropriate
 to the needs of the household; provided, however,  that  in  determining
 eligibility of an individual for medical assistance for nursing facility
 services  and other long term care services, the individual shall not be
 eligible for such assistance if the individual's equity interest in  the
 homestead   exceeds  seven  hundred  fifty  thousand  dollars;  provided
 further, that the dollar  amount  specified  in  this  clause  shall  be
 S. 8007                            62                            A. 9007
 
 increased,  beginning  with  the  year two thousand eleven, from year to
 year, in an amount to be determined by  the  secretary  of  the  federal
 department  of  health  and  human  services,  based  on  the percentage
 increase in the consumer price index for all urban consumers, rounded to
 the  nearest  one thousand dollars. If such secretary does not determine
 such an amount, the department of  health  shall  increase  such  dollar
 amount  based  on  such increase in the consumer price index. Nothing in
 this clause shall be construed as preventing an individual from using  a
 reverse  mortgage  or  home equity loan to reduce the individual's total
 equity interest in the homestead. The home equity limitation established
 by this clause shall be waived in the case of a  demonstrated  hardship,
 as  determined  pursuant  to criteria established by such secretary. The
 home equity limitation shall not apply if one or more of  the  following
 persons  is  lawfully  residing  in  the individual's homestead: (A) the
 spouse of the individual; or (B) the individual's child who is under the
 age of twenty-one, or is blind or permanently and totally  disabled,  as
 defined in section 1614 of the federal social security act.
   (2) [essential personal property;
   (3)  a  burial fund, to the extent allowed as an exempt resource under
 the cash assistance program to  which  the  applicant  is  most  closely
 related;
   (4)  savings  in  amounts  equal  to  one hundred fifty percent of the
 income amount permitted under  subparagraph  seven  of  this  paragraph,
 provided,  however,  that  the amounts for one and two person households
 shall not be less than the amounts permitted to be  retained  by  house-
 holds of the same size in order to qualify for benefits under the feder-
 al supplemental security income program;
   (5)]  (i)  such  income  as  is  disregarded  or exempt under the cash
 assistance program to which the applicant is most  closely  related  for
 purposes  of this subparagraph, cash assistance program means either the
 aid to dependent children program as it existed on the sixteenth day  of
 July,  nineteen  hundred ninety-six, or the supplemental security income
 program; and
   (ii) such income of a disabled person (as  such  term  is  defined  in
 section 1614(a)(3) of the federal social security act (42 U.S.C. section
 1382c(a)(3)) or in accordance with any other rules or regulations estab-
 lished  by  the  social  security  administration), that is deposited in
 trusts as defined in clause (iii) of subparagraph two of  paragraph  (b)
 of  this subdivision in the same calendar month within which said income
 is received;
   [(6)] (3) health insurance premiums;
   [(7)] (4) income based on the number of family members in the  medical
 assistance  household,  as  defined  in  regulations by the commissioner
 consistent with federal regulations  under  title  XIX  of  the  federal
 social security act [and calculated as follows:
   (i)  The  amounts for one and two person households and families shall
 be equal to twelve times the standard of monthly  need  for  determining
 eligibility  for  and  the amount of additional state payments for aged,
 blind and disabled persons pursuant to section two hundred nine of  this
 article  rounded up to the next highest one hundred dollars for eligible
 individuals and couples living alone, respectively.
   (ii) The amounts for households of three or more shall  be  calculated
 by  increasing  the  income standard for a household of two, established
 pursuant to clause (i) of this subparagraph, by fifteen percent for each
 additional household member above two, such that the income standard for
 a three-person household shall be one hundred  fifteen  percent  of  the
 S. 8007                            63                            A. 9007

 income  standard  for  a two-person household, the income standard for a
 four-person household shall be one hundred thirty percent of the  income
 standard for a two-person household, and so on.
   (iii)]  THAT  DOES  NOT EXCEED ONE HUNDRED THIRTY-EIGHT PERCENT OF THE
 FEDERAL POVERTY LINE FOR THE APPLICABLE  FAMILY  SIZE,  WHICH  SHALL  BE
 CALCULATED  IN  ACCORDANCE  WITH  GUIDANCE  ISSUED  BY THE UNITED STATES
 SECRETARY FOR HEALTH AND HUMAN SERVICES;
   (5) No other income [or resources], including federal old-age,  survi-
 vors  and  disability  insurance,  state  disability  insurance or other
 payroll deductions, whether mandatory or optional, shall be  exempt  and
 all  other  income [and resources] shall be taken into consideration and
 required to be applied toward the payment or partial payment of the cost
 of medical care and services available under this title, to  the  extent
 permitted by federal law.
   [(9)  Subject to subparagraph eight, the] (6) THE department, upon the
 application of a local social services  district,  after  passage  of  a
 resolution  by  the local legislative body authorizing such application,
 may adjust the income exemption based upon the variations  between  cost
 of  shelter  in urban areas and rural areas in accordance with standards
 prescribed by the United  States  secretary  of  health,  education  and
 welfare.
   [(10)]  (7)  (i)  A  person who is receiving or is eligible to receive
 federal supplemental security income payments  and/or  additional  state
 payments is entitled to a personal needs allowance as follows:
   (A)  for  the  personal expenses of a resident of a residential health
 care facility, as defined by section twenty-eight  hundred  one  of  the
 public health law, the amount of fifty-five dollars per month;
   (B)  for  the  personal expenses of a resident of an intermediate care
 facility operated or licensed by the office  for  people  with  develop-
 mental disabilities or a patient of a hospital operated by the office of
 mental  health,  as  defined  by  subdivision ten of section 1.03 of the
 mental hygiene law, the amount of thirty-five dollars per month.
   (ii) A person who neither receives nor is eligible to receive  federal
 supplemental  security  income payments and/or additional state payments
 is entitled to a personal needs allowance as follows:
   (A) for the personal expenses of a resident of  a  residential  health
 care  facility,  as  defined  by section twenty-eight hundred one of the
 public health law, the amount of fifty dollars per month;
   (B) for the personal expenses of a resident of  an  intermediate  care
 facility  operated  or  licensed  by the office for people with develop-
 mental disabilities or a patient of a hospital operated by the office of
 mental health, as defined by subdivision ten  of  section  1.03  of  the
 mental hygiene law, the amount of thirty-five dollars per month.
   (iii)  Notwithstanding  the provisions of clauses (i) and (ii) of this
 subparagraph, the personal needs allowance for a person who is a veteran
 having neither a spouse nor a child, or a surviving spouse of a  veteran
 having  no child, who receives a reduced pension from the federal veter-
 ans administration, and who is a resident  of  a  nursing  facility,  as
 defined  in  section  1919  of the federal social security act, shall be
 equal to such reduced  monthly  pension  but  shall  not  exceed  ninety
 dollars per month.
   [(11)]  (8)  subject  to the availability of federal financial partic-
 ipation, any amount, including earnings thereon, in a qualified NY  ABLE
 account  as  established  pursuant  to article eighty-four of the mental
 hygiene law, any contributions to such NY ABLE account, and any distrib-
 ution for qualified disability  expenses  from  such  account;  provided
 S. 8007                            64                            A. 9007
 
 however,  that  such  exemption shall be consistent with section 529A of
 the Internal Revenue Code of 1986, as amended.
   §  6.  Subparagraphs  1  and  2  of  paragraph (b) of subdivision 2 of
 section 366 of the social services law, subparagraph  1  as  amended  by
 chapter  638 of the laws of 1993 and as designated by chapter 170 of the
 laws of 1994, subparagraph 2 as added by chapter  170  of  the  laws  of
 1994,  clause  (iii)  of subparagraph 2 as amended by chapter 187 of the
 laws of 2017, clause (iv) of subparagraph 2 as amended by chapter 656 of
 the laws of 1997 and as further amended by section  104  of  part  A  of
 chapter  62  of  the  laws of 2011, and clause (vi) of subparagraph 2 as
 added by chapter 435 of the  laws  of  2018,  are  amended  to  read  as
 follows:
   (1)  In  establishing  standards  for  determining eligibility for and
 amount of such assistance, the department shall take into  account  only
 such income [and resources], in accordance with federal requirements, as
 [are]  IS  available  to  the applicant or recipient and as would not be
 required to be disregarded or set aside  for  future  needs,  and  there
 shall  be a reasonable evaluation of any such income [or resources]. The
 department shall not consider the  availability  of  an  option  for  an
 accelerated  payment of death benefits or special surrender value pursu-
 ant to paragraph one of subsection  (a)  of  section  one  thousand  one
 hundred  thirteen  of  the  insurance  law, or an option to enter into a
 viatical settlement pursuant to the provisions of article  seventy-eight
 of  the insurance law, as an available resource in determining eligibil-
 ity for an amount  of  such  assistance,  provided,  however,  that  the
 payment  of such benefits shall be considered in determining eligibility
 for and amount of such assistance. There shall not be taken into consid-
 eration the financial responsibility of any individual for any applicant
 or recipient of assistance under this title  unless  such  applicant  or
 recipient  is such individual's spouse or such individual's child who is
 under twenty-one years of age. In determining the eligibility of a child
 who is categorically eligible as blind or disabled, as determined  under
 regulations  prescribed  by  the social security act for medical assist-
 ance, the income [and resources] of parents or spouses  of  parents  are
 not  considered  available  to  that  child if she/he does not regularly
 share the common household even if  the  child  returns  to  the  common
 household for periodic visits. In the application of standards of eligi-
 bility  with respect to income, costs incurred for medical care, whether
 in the form of insurance premiums or  otherwise,  shall  be  taken  into
 account.  Any  person who is eligible for, or reasonably appears to meet
 the criteria of eligibility for,  benefits  under  title  XVIII  of  the
 federal  social  security  act  shall be required to apply for and fully
 utilize such benefits in accordance with this chapter.
   (2) In evaluating the income [and resources] available to an applicant
 for or recipient of medical  assistance,  for  purposes  of  determining
 eligibility  for  and the amount of such assistance, the department must
 consider assets [held in or] paid from trusts created by such  applicant
 or  recipient,  as determined pursuant to the regulations of the depart-
 ment, in accordance with the provisions of this subparagraph.
   (i) In the case of a revocable trust created by an applicant or recip-
 ient, as determined pursuant to  regulations  of  the  department[:  the
 trust  corpus must be considered to be an available resource;], payments
 made from the trust to or for the benefit of such applicant or recipient
 must be considered to be available income; and any other  payments  from
 the  trust must be considered to be assets disposed of by such applicant
 S. 8007                            65                            A. 9007

 or recipient for purposes of paragraph (d) of subdivision five  of  this
 section.
   (ii)  In  the  case of an irrevocable trust created by an applicant or
 recipient, as determined pursuant to regulations of the department:  any
 portion  of  the  trust corpus, and of the income generated by the trust
 corpus, from which no payment can under any  circumstances  be  made  to
 such applicant or recipient must be considered, as of the date of estab-
 lishment  of  the  trust, or, if later, the date on which payment to the
 applicant or recipient is foreclosed, to be assets disposed of  by  such
 applicant or recipient for purposes of paragraph (d) of subdivision five
 of  this  section;  [any  portion of the trust corpus, and of the income
 generated by the trust corpus, from which payment could be  made  to  or
 for  the benefit of such applicant or recipient must be considered to be
 an available resource;] payments made from the trust to or for the bene-
 fit of such applicant or recipient must be considered  to  be  available
 income;  and  any other payments from the trust must be considered to be
 assets disposed of by such applicant or recipient for purposes of  para-
 graph (d) of subdivision five of this section.
   (iii)  Notwithstanding  the provisions of clauses (i) and (ii) of this
 subparagraph, in the case of an applicant or recipient who is  disabled,
 as  such  term  is  defined  in section 1614(a)(3) of the federal social
 security act, the department must not consider as available  income  [or
 resources]  the  [corpus or] income of the following trusts which comply
 with the provisions of the regulations authorized by clause (iv) of this
 subparagraph: (A) a trust containing the assets of such a disabled indi-
 vidual which was established for the benefit of the disabled  individual
 while  such individual was under sixty-five years of age by the individ-
 ual, a parent, grandparent, legal guardian, or court of competent juris-
 diction, if upon the death of such individual the state will receive all
 amounts remaining in the trust up to the  total  value  of  all  medical
 assistance paid on behalf of such individual; (B) and a trust containing
 the  assets  of  such a disabled individual established and managed by a
 non-profit association which maintains separate accounts for the benefit
 of disabled individuals, but, for purposes of investment and  management
 of  trust funds, pools the accounts, provided that accounts in the trust
 fund are established solely for the benefit of individuals who are disa-
 bled as such term is defined in section 1614(a)(3) of the federal social
 security act by such disabled individual, a parent,  grandparent,  legal
 guardian,  or  court  of  competent jurisdiction, and to the extent that
 amounts remaining in the individual's account are not  retained  by  the
 trust  upon the death of the individual, the state will receive all such
 remaining amounts up to the total value of all medical  assistance  paid
 on  behalf of such individual.  Notwithstanding any law to the contrary,
 a not-for-profit corporation may, in furtherance of and as an adjunct to
 its corporate purposes, act as trustee of a trust for persons with disa-
 bilities established pursuant to this subclause, provided that  a  trust
 company, as defined in subdivision seven of section one hundred-c of the
 banking law, acts as co-trustee.
   (iv) The department shall promulgate such regulations as may be neces-
 sary  to carry out the provisions of this subparagraph. Such regulations
 shall include provisions for:  assuring  the  fulfillment  of  fiduciary
 obligations of the trustee with respect to the remainder interest of the
 department or state; monitoring pooled trusts; applying this subdivision
 to  legal instruments and other devices similar to trusts, in accordance
 with applicable federal rules and regulations; and  establishing  proce-
 dures  under  which  the  application of this subdivision will be waived
 S. 8007                            66                            A. 9007
 
 with respect to an applicant or recipient  who  demonstrates  that  such
 application  would  work  an undue hardship on him or her, in accordance
 with standards specified by the secretary of the federal  department  of
 health and human services. Such regulations may require: notification of
 the  department of the creation or funding of such a trust for the bene-
 fit of an applicant for or recipient of medical assistance; notification
 of the department of the death of a beneficiary of such a trust who is a
 current or former recipient of medical assistance;  in  the  case  of  a
 trust, the corpus of which exceeds one hundred thousand dollars, notifi-
 cation  of  the  department  of  transactions  tending  to substantially
 deplete the trust corpus; notification of the department of  any  trans-
 actions  involving  transfers  from  the trust corpus for less than fair
 market value; the bonding of the trustee when the assets of such a trust
 equal or exceed one million dollars, unless a court of competent  juris-
 diction waives such requirement; and the bonding of the trustee when the
 assets  of such a trust are less than one million dollars, upon order of
 a court of competent jurisdiction. The  department,  together  with  the
 department of financial services, shall promulgate regulations governing
 the  establishment,  management  and  monitoring  of  trusts established
 pursuant to subclause (B) of clause (iii) of this subparagraph in  which
 a not-for-profit corporation and a trust company serve as co-trustees.
   (v)  Notwithstanding any acts, omissions or failures to act of a trus-
 tee of a trust which the department or a local social services  official
 has  determined  complies  with  the  provisions of clause (iii) and the
 regulations authorized by clause (iv) of this subparagraph, the  depart-
 ment  must  not  consider  the  [corpus  or] income of any such trust as
 available income [or resources] of the applicant  or  recipient  who  is
 disabled,  as  such term is defined in section 1614(a)(3) of the federal
 social security act. The department's remedy for redress  of  any  acts,
 omissions  or failures to act by such a trustee which acts, omissions or
 failures are considered by the department to be  inconsistent  with  the
 terms  of  the trust, contrary to applicable laws and regulations of the
 department, or contrary to the  fiduciary  obligations  of  the  trustee
 shall  be  the commencement of an action or proceeding under subdivision
 one of section sixty-three of the executive law to safeguard or  enforce
 the  state's  remainder  interest  in the trust, or such other action or
 proceeding as may be lawful and appropriate as to assure  compliance  by
 the  trustee  or to safeguard and enforce the state's remainder interest
 in the trust.
   (vi) The department shall provide written notice to an  applicant  for
 or  recipient  of  medical assistance who is or reasonably appears to be
 eligible for medical  assistance  except  for  having  income  exceeding
 applicable  income  levels.  The  notice  shall  inform the applicant or
 recipient, in plain language, that in certain circumstances the  medical
 assistance  program does not count the income of disabled applicants and
 recipients if it is placed in a trust described in clause (iii) of  this
 subparagraph.  The  notice shall be included with the eligibility notice
 provided to such applicants and recipients  and  shall  reference  where
 additional  information  may  be found on the department's website. This
 clause shall not be construed to change any  criterion  for  eligibility
 for medical assistance.
   §  7.  Paragraph  (a)  of  subdivision  3 of section 366 of the social
 services law, as amended by chapter 110 of the laws of 1971, is  amended
 to read as follows:
   (a)  Medical  assistance  shall  be  furnished  to applicants in cases
 where, although such applicant has a responsible  relative  with  suffi-
 S. 8007                            67                            A. 9007
 
 cient income [and resources] to provide medical assistance as determined
 by  the regulations of the department, the income [and resources] of the
 responsible relative are not available to such applicant because of  the
 absence  of  such relative or the refusal or failure of such relative to
 provide the necessary care and assistance.  In such cases, however,  the
 furnishing of such assistance shall create an implied contract with such
 relative,  and  the  cost thereof may be recovered from such relative in
 accordance with title six of article three OF  THIS  CHAPTER  and  other
 applicable provisions of law.
   §  8.  Paragraph  h  of  subdivision  6  of  section 366 of the social
 services law, as amended by section 69-b of part C of chapter 58 of  the
 laws of 2008, is amended to read as follows:
   h.  Notwithstanding  any  other provision of this chapter or any other
 law to the contrary, for  purposes  of  determining  medical  assistance
 eligibility  for  persons  specified in paragraph b of this subdivision,
 the income [and resources] of responsible relatives shall not be  deemed
 available for as long as the person meets the criteria specified in this
 subdivision.
   §  9.  Subparagraph (vii) of paragraph (b) of subdivision 7 of section
 366 of the social services law, as amended by chapter 324 of the laws of
 2004, is amended to read as follows:
   (vii) be ineligible for medical assistance  because  the  income  [and
 resources]  of responsible relatives are deemed available to him or her,
 causing him or her to exceed the income or  resource  eligibility  level
 for such assistance;
   §  10.  Paragraph  j  of  subdivision  7  of section 366 of the social
 services law, as amended by chapter 324 of the laws of 2004, is  amended
 to read as follows:
   j.  Notwithstanding  any  other  provision  of this chapter other than
 subdivision six of this section or any other law to  the  contrary,  for
 purposes of determining medical assistance eligibility for persons spec-
 ified  in paragraph b of this subdivision, the income [and resources] of
 a responsible relative shall not be deemed available for as long as  the
 person meets the criteria specified in this subdivision.
   §  11.  Subdivision  8  of  section 366 of the social services law, as
 added by chapter 41 of the laws of 1992, is amended to read as follows:
   8. Notwithstanding any inconsistent provision of this chapter  or  any
 other  law  to  the contrary, income [and resources] which are otherwise
 exempt from consideration in  determining  a  person's  eligibility  for
 medical care, services and supplies available under this title, shall be
 considered  available  for  the  payment or part payment of the costs of
 such medical care, services and supplies as required by federal law  and
 regulations.
   §  12.  Subparagraph (vi) of paragraph (b) of subdivision 9 of section
 366 of the social services law, as added by chapter 170 of the  laws  of
 1994, is amended to read as follows:
   (vi)  be  eligible  or,  if  discharged, would be eligible for medical
 assistance, or are ineligible for medical assistance because the  income
 [and resources] of responsible relatives are or, if discharged, would be
 deemed  available  to such persons causing them to exceed the income [or
 resource] eligibility level for such assistance;
   § 13. Paragraph k of subdivision  9  of  section  366  of  the  social
 services law, as added by chapter 170 of the laws of 1994, is amended to
 read as follows:
   k.  Notwithstanding  any provision of this chapter other than subdivi-
 sion six or seven of this section, or any other law to the contrary, for
 S. 8007                            68                            A. 9007

 purposes of determining medical assistance eligibility for persons spec-
 ified in paragraphs b  and  c  of  this  subdivision,  the  income  [and
 resources]  of  a responsible relative shall not be deemed available for
 as long as the person meets the criteria specified in this subdivision.
   §  14.  Paragraph  (d)  of subdivision 12 of section 366 of the social
 services law, as added by section 1 of part E of chapter 58 of the  laws
 of 2006, is amended to read as follows:
   (d)  Notwithstanding any provision of this chapter or any other law to
 the contrary, for purposes of determining medical assistance eligibility
 for persons specified in paragraph (b) of this subdivision,  the  income
 [and  resources]  of  a legally responsible relative shall not be deemed
 available for as long as the person meets the criteria specified in this
 subdivision; provided, however, that such income shall  continue  to  be
 deemed  unavailable  should responsibility for the care and placement of
 the person be returned to [his or her] THEIR  parent  or  other  legally
 responsible person.
   §  15.  Paragraph  (b) of subdivision 2 of section 366-a of the social
 services law is REPEALED and paragraphs (c) and (d),  paragraph  (d)  as
 added  by  section  29  of part B of chapter 58 of the laws of 2010, are
 relettered paragraphs (b) and (c).
   § 16. Paragraph (c) of subdivision 2 of section 366-a  of  the  social
 services law, as added by section 29 of part B of section 58 of the laws
 of  2010 and as relettered by section fifteen of this act, is amended to
 read as follows:
   (c) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
 sion,  an  applicant or recipient [whose eligibility under this title is
 determined without regard to  the  amount  of  his  or  her  accumulated
 resources]  may  attest  to  the  amount of interest income generated by
 [such] resources if the amount of such interest income is expected to be
 immaterial to medical  assistance  eligibility,  as  determined  by  the
 commissioner  of  health. In the event there is an inconsistency between
 the information reported by the applicant or recipient and any  informa-
 tion  obtained by the commissioner of health from other sources and such
 inconsistency is material to medical assistance eligibility, the commis-
 sioner of health shall request that the applicant or  recipient  provide
 adequate documentation to verify [his or her] THEIR interest income.
   §  17.  Paragraph  (d) of subdivision 2 of section 366-a of the social
 services law is REPEALED.
   § 18. Paragraph (a) of subdivision 8 of section 366-a  of  the  social
 services  law,  as  amended  by section 7 of part B of chapter 58 of the
 laws of 2010, is amended to read as follows:
   (a) Notwithstanding subdivisions two and five of this section,  infor-
 mation  concerning  income [and resources] of applicants for and recipi-
 ents of medical assistance may be verified by matching  client  informa-
 tion with information contained in the wage reporting system established
 by  section  one  hundred  seventy-one-a  of  the tax law and in similar
 systems operating in other geographically contiguous states, by means of
 an income verification performed pursuant to a memorandum of understand-
 ing with the department of taxation and finance pursuant to  subdivision
 four  of  section  one hundred seventy-one-b of the tax law, and, to the
 extent required by federal law, with information contained in  the  non-
 wage  income  file  maintained  by  the  United  States internal revenue
 service, in the beneficiary  data  exchange  maintained  by  the  United
 States  department of health and human services, and in the unemployment
 insurance benefits file. Such  matching  shall  provide  for  procedures
 which  document significant inconsistent results of matching activities.
 S. 8007                            69                            A. 9007
 
 Nothing in this section shall be construed to  prohibit  activities  the
 department   reasonably  believes  necessary  to  conform  with  federal
 requirements under section one thousand one hundred thirty-seven of  the
 social security act.
   §  19.  Subdivision  1 of section 366-c of the social services law, as
 added by chapter 558 of the laws of 1989, is amended to read as follows:
   1. Notwithstanding any other provision of  law  to  the  contrary,  in
 determining  the  eligibility for medical assistance of a person defined
 as an institutionalized spouse,  the  income  [and  resources]  of  such
 person and the person's community spouse shall be treated as provided in
 this section.
   § 20. Paragraphs (c), (d) and (e) of subdivision 2 of section 366-c of
 the  social services law are REPEALED and paragraphs (f), (g), (h), (i),
 (j) and (k) of subdivision 2 are relettered paragraphs  (c),  (d),  (e),
 (f), (g) and (h).
   § 21. Subdivisions 5 and 6 of section 366-c of the social services law
 are  REPEALED and subdivisions 7 and 8 are renumbered subdivisions 5 and
 6.
   § 22. Subdivisions 5 and 6 of section 366-c  of  the  social  services
 law,  as  added  by chapter 558 of the laws of 1989 and as relettered by
 section twenty-one of this act, are amended to read as follows:
   5. (a) At the beginning or after  the  commencement  of  a  continuous
 period of institutionalization, either spouse may request [an assessment
 of  the total value of their resources or] a determination of the commu-
 nity spouse monthly income allowance, the amount of  the  family  allow-
 ance,  or the method of computing the amount of the family allowance, or
 the method of computing the amount of the community spouse income allow-
 ance.
   (b) [(i) Upon receipt of a request pursuant to paragraph (a)  of  this
 subdivision together with all relevant documentation of the resources of
 both spouses, the social services district shall assess and document the
 total  value  of  the  spouses' resources and provide each spouse with a
 copy of the assessment and the documentation upon which it was based. If
 the request is not part of an application for medical  assistance  bene-
 fits,  the  social services district may charge a fee for the assessment
 which is related to the cost of preparing and copying the assessment and
 documentation which fee may not exceed twenty-five dollars.
   (ii) The social services district shall also  notify  each  requesting
 spouse  of the community spouse monthly income allowance, of the amount,
 if any, of the family allowances, and of the  method  of  computing  the
 amount of the community spouse monthly income allowance.
   (c)]  The  social services district shall also provide to the spouse a
 notice of the right to a fair hearing at the time of  provision  of  the
 information requested under paragraph (a) of this subdivision or after a
 determination  of  eligibility for medical assistance. Such notice shall
 be in the form prescribed or approved by the commissioner and include  a
 statement  advising the spouse of the right to a fair hearing under this
 section.
   6. (a) If, after a determination on an application for medical assist-
 ance has been made, either spouse is dissatisfied with the determination
 of the community spouse monthly allowance[,] OR the  amount  of  monthly
 income  otherwise available to the community spouse, [the computation of
 the spousal share of resources, the  attribution  of  resources  or  the
 determination of the community spouse's resource allocation,] the spouse
 may  request  a fair hearing to dispute such determination. Such hearing
 shall be held within thirty days of the request therefor.
 S. 8007                            70                            A. 9007
 
   (b) If either spouse  establishes  that  the  community  spouse  needs
 income  above  the  level established by the social services district as
 the minimum monthly maintenance needs allowance, based upon  exceptional
 circumstances which result in significant financial distress (as defined
 by  the commissioner in regulations), the department shall substitute an
 amount adequate to provide additional necessary income from  the  income
 otherwise available to the institutionalized spouse.
   [(c)  If either spouse establishes that income generated by the commu-
 nity spouse resource  allowance,  established  by  the  social  services
 district,  is  inadequate  to raise the community spouse's income to the
 minimum monthly maintenance needs allowance, the department shall estab-
 lish a resource allowance for the spousal share of the institutionalized
 spouse adequate to provide such minimum monthly maintenance needs allow-
 ance.]
   § 23. The commissioner of health shall,  consistent  with  the  social
 services  law,  make  any  necessary  amendments  to  the state plan for
 medical assistance submitted pursuant to section  three  hundred  sixty-
 three  of  the social services law, in order to ensure federal financial
 participation in expenditures under the  provisions  of  this  act.  The
 provisions  of  this  act  shall  not  take  effect unless all necessary
 approvals under federal law and regulation have been obtained to receive
 federal financial participation for the costs of services provide  here-
 under.
   §  24.  This act shall take effect January 1, 2023, subject to federal
 financial participation; provided, however that the amendments to  para-
 graph  h of subdivision 6 of section 366 of the social services law made
 by section eight of this act shall not affect the repeal of such  subdi-
 vision and shall be deemed repealed therewith; provided further that the
 commissioner  of  health  shall  notify  the  legislative  bill drafting
 commission upon the occurrence of  federal  financial  participation  in
 order  that the commission may maintain an accurate and timely effective
 data base of the official text of the laws of the state of New  York  in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law.
 
                                  PART O
 
   Section  1. Subdivision 3 of section 367-r of the social services law,
 as added by section 2 of part PP of chapter 56 of the laws of  2020,  is
 amended and a new subdivision 4 is added to read as follows:
   3.   Provider  directory  for  fee-for-service  private  duty  nursing
 services provided to medically fragile children AND ADULTS.  The commis-
 sioner of health is authorized to establish  a  directory  of  qualified
 providers  for  the  purpose  of promoting the availability and ensuring
 delivery of fee-for-service private duty nursing services  to  medically
 fragile  children  and individuals transitioning out of such category of
 care, AND MEDICALLY FRAGILE ADULTS.   Qualified providers  enrolling  in
 the  directory  shall  ensure the availability and delivery of and shall
 provide such services to those  individuals  as  are  in  need  of  such
 services,  and  shall  receive increased reimbursement for such services
 pursuant to paragraph (c) of  subdivision  two,  AND  PARAGRAPH  (C)  OF
 SUBDIVISION  FOUR  of this section. The directory shall offer enrollment
 to all private duty nursing services providers to promote and ensure the
 participation in the directory of all nursing services providers  avail-
 able to serve medically fragile children AND ADULTS.
 S. 8007                            71                            A. 9007
 
   4. MEDICALLY FRAGILE ADULTS. (A) THE COMMISSIONER SHALL INCREASE RATES
 FOR PRIVATE DUTY NURSING SERVICES THAT ARE PROVIDED TO MEDICALLY FRAGILE
 ADULTS,  AS  SUCH  TERM IS DEFINED BY THE COMMISSIONER IN REGULATION, TO
 ENSURE THE AVAILABILITY OF SUCH SERVICES TO SUCH ADULTS.  In  establish-
 ing  rates  of  payment  under  this subdivision, the commissioner shall
 consider the cost neutrality of such rates as related to the cost effec-
 tiveness of caring for medically fragile adults in  a  non-institutional
 setting  as  compared  to an institutional setting. Such increased rates
 for services rendered to such adults may  take  into  consideration  the
 elements  of  cost,  geographical  differentials in the elements of cost
 considered, economic factors in the area in which the private duty nurs-
 ing service is provided, costs associated with the provision of  private
 duty  nursing  services  to  medically  fragile adults, and the need for
 incentives  to  improve  services  and  institute  economies  and   such
 increased  rates  shall be payable only to those private duty nurses who
 can demonstrate, to the satisfaction of the department of health, satis-
 factory training and experience to provide services to such adults. Such
 increased rates shall be determined based on application of the case mix
 adjustment factor for AIDS home care program services  rates  as  deter-
 mined  pursuant  to  applicable regulations of the department of health.
 The commissioner may promulgate regulations to implement the  provisions
 of this subdivision.
   (b)  Private  duty  nursing  services providers which have their rates
 adjusted pursuant to paragraph (a) of this subdivision  shall  use  such
 funds  solely  for  the purposes of recruitment and retention of private
 duty nurses or to ensure the delivery of private duty  nursing  services
 to medically fragile adults and are prohibited from using such funds for
 any  other  purpose. Funds provided under paragraph (a) of this subdivi-
 sion are not intended to supplant support provided by  a  local  govern-
 ment.  Each  such  provider, with the exception of self-employed private
 duty nurses, shall submit, at a time and in a manner to be determined by
 the commissioner of health, a written certification attesting that  such
 funds  will  be used solely for the purpose of recruitment and retention
 of private duty nurses or to ensure the delivery of private duty nursing
 services to medically fragile adults. The  commissioner  of  health  and
 their  designees  are  authorized  to audit each such provider to ensure
 compliance with the written certification required by  this  subdivision
 and  shall  recoup  all  funds determined to have been used for purposes
 other than recruitment and retention  of  private  duty  nurses  or  the
 delivery  of  private duty nursing services to medically fragile adults.
 Such recoupment shall be in addition to any other penalties provided  by
 law.
   (c)  The  commissioner  of  health shall, subject to the provisions of
 paragraph (b) of this subdivision, and  the  provisions  of  subdivision
 three of this section, and subject to the availability of federal finan-
 cial  participation, increase fees for the fee-for-service reimbursement
 of private duty nursing services provided to medically fragile adults by
 fee-for-service private duty nursing services providers who  enroll  and
 participate  in  the provider directory pursuant to subdivision three of
 this section, commencing April first, two thousand twenty-two, such that
 such fees for reimbursement equal the final benchmark  payment  designed
 to  ensure  adequate access to the service. In developing such benchmark
 the commissioner of health may utilize the average two thousand eighteen
 Medicaid managed care payments for reimbursement of  such  private  duty
 nursing  services. The commissioner may promulgate regulations to imple-
 ment the provisions of this paragraph.
 S. 8007                            72                            A. 9007
 
   § 2. Section 21 of part MM of chapter 56 of the laws of 2020,  direct-
 ing  the  department of health to establish  or  procure the services of
 an independent panel of clinical professionals and to develop and imple-
 ment a uniform  task-based  assessment  tool,  is  amended  to  read  as
 follows:
   §  21.  The  department  of health shall develop[, directly or through
 procurement, and shall implement an evidenced  based  validated  uniform
 task-based  assessment tool no later than April 1, 2021,] GUIDELINES AND
 STANDARDS FOR THE USE OF TASKING TOOLS to assist managed care plans  and
 local departments of social services to make appropriate and individual-
 ized  determinations for utilization of home care services in accordance
 with applicable state and federal law  and  regulations,  including  the
 number  of personal care services and consumer directed personal assist-
 ance hours of care each day[,] provided pursuant to the state's  medical
 assistance  program,  and  how Medicaid recipients' needs for assistance
 with activities of daily living can be met, such as through  telehealth,
 provided  that  services rendered via telehealth meet equivalent quality
 and safety standards of services provided through non-electronic  means,
 and  other available alternatives, including family and social supports.
 [Notwithstanding the provisions of section 163 of the state finance law,
 or sections 142 and 143 of the economic development law, or any contrary
 provision of law, a contract may be entered without a competitive bid or
 request for proposal process if such contract  is  for  the  purpose  of
 developing  the  evidence  based validated uniform task-based assessment
 tool described in this section, provided that:
   (a) The department of health shall post on its website, for  a  period
 of no less than 30 days:
   (i)  A  description of the evidence based validated uniform task-based
 assessment tool to be developed pursuant to the contract;
   (ii) The criteria for contractor selection;
   (iii) The period of time during which  a  prospective  contractor  may
 seek  to be selected by the department of health, which shall be no less
 than 30 days after such information is first posted on the website; and
   (iv) The manner  by  which  a  prospective  contractor  may  submit  a
 proposal  for  selection,  which  may  include  submission by electronic
 means;
   (b) All reasonable and responsive submissions that are  received  from
 prospective  contractors  in  a  timely fashion shall be reviewed by the
 commissioner of health;
   (c) The commissioner of health shall select such  contractor  that  is
 best  suited  to  serve  the  purposes  of this section and the needs of
 recipients; and
   (d) All decisions made and approaches taken pursuant to  this  section
 shall  be  documented  in a procurement record as defined in section one
 hundred sixty-three of the state finance law.]
   § 3. The public health law is amended by adding a new article 29-EE to
 read as follows:
                               ARTICLE 29-EE
                         PROGRAMS OF ALL-INCLUSIVE
                           CARE FOR THE ELDERLY
 SECTION 2999-S. DEFINITIONS.
         2999-T. PACE ORGANIZATION ESTABLISHMENT.
         2999-U. CRITERIA FOR PROGRAM ELIGIBILITY AND LICENSURE.
         2999-V. ELIGIBILITY AND ENROLLMENT.
         2999-W. INCLUDED PROGRAM BENEFITS.
         2999-X. REIMBURSEMENT.
 S. 8007                            73                            A. 9007
 
   § 2999-S. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "PACE ORGANIZATION" MEANS A PACE PROVIDER, AS DEFINED IN 42 U.S.C.
 § 1395(EEE), ESTABLISHED IN ACCORDANCE WITH FEDERAL PUBLIC  LAW  105-33,
 SUBTITLE  I  OF  TITLE  IV OF THE BALANCED BUDGET ACT OF 1997, INCLUDING
 AMENDMENTS THERETO.
   2. "PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY",  "PACE"  OR  "PACE
 PROGRAM"  SHALL  INCLUDE  THOSE  PROGRAMS  DEFINED  AS "OPERATING DEMON-
 STRATIONS" BY SECTION FORTY-FOUR HUNDRED THREE-F OF THIS CHAPTER.
   3. "PACE CENTER" MEANS A FACILITY ESTABLISHED IN ACCORDANCE WITH REGU-
 LATIONS PROMULGATED HEREUNDER THAT IS OPERATED BY  A  PACE  ORGANIZATION
 WHERE PRIMARY CARE AND OTHER SERVICES ARE FURNISHED TO ENROLLEES OF SUCH
 PROGRAM.
   §  2999-T.  PACE  ORGANIZATION  ESTABLISHMENT.  1. NOTWITHSTANDING ANY
 INCONSISTENT PROVISION TO THE CONTRARY, THE COMMISSIONER SHALL ESTABLISH
 A PROGRAM FOR ALL-INCLUSIVE CARE FOR THE ELDERLY IN NEW YORK, TO PROVIDE
 COMMUNITY-BASED, RISK-BASED, AND CAPITATED LONG-TERM  CARE  SERVICES  AS
 OPTIONAL SERVICES UNDER THE STATE'S MEDICAID STATE PLAN AND ANY APPLICA-
 BLE WAIVERS, AS WELL AS UNDER CONTRACTS ENTERED INTO BETWEEN THE FEDERAL
 CENTERS  FOR  MEDICARE  AND  MEDICAID SERVICES, THE DEPARTMENT, AND PACE
 ORGANIZATIONS.
   2. THE ESTABLISHMENT OF SUCH A PROGRAM SHALL NOT PRECLUDE THE  CONTIN-
 UED  OPERATION  OF  EXISTING  APPROVED PACE ORGANIZATIONS AT THE TIME OF
 ENACTMENT OR IMPLEMENTATION OF THIS ARTICLE. THE DEPARTMENT  MAY  ESTAB-
 LISH  A  PROCESS,  IF DEEMED NECESSARY, TO ASSIST THE TRANSITION OF SUCH
 EXISTING PROGRAMS THROUGH PROCESSES AND REQUIREMENTS SET FORTH  PURSUANT
 TO THIS ARTICLE.
   §  2999-U.  CRITERIA FOR PROGRAM ELIGIBILITY AND LICENSURE. 1. PROGRAM
 CRITERIA. THE REQUIREMENTS OF THE PACE MODEL, AS PROVIDED  FOR  PURSUANT
 TO 42 U.S.C. § 1395(EEE) AND 42 U.S.C. § 1396(U-4), INCLUDING AMENDMENTS
 THERETO,  SHALL NOT BE WAIVED OR MODIFIED. NEW YORK STATE PACE ORGANIZA-
 TION REQUIREMENTS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) THE PROVISION AND MAINTENANCE OF A PACE CENTER; AND
   (B) THE ADOPTION  AND  IMPLEMENTATION  OF  AN  INTERDISCIPLINARY  TEAM
 APPROACH TO CARE MANAGEMENT, CARE DELIVERY, AND CARE PLANNING.
   2.  CONTRACTING.  (A)  NOTWITHSTANDING SECTIONS ONE HUNDRED TWELVE AND
 ONE HUNDRED SIXTY-THREE OF  THE  STATE  FINANCE  LAW  AND  SECTIONS  ONE
 HUNDRED  FORTY-TWO  AND ONE HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOP-
 MENT LAW, THE DEPARTMENT MAY ENTER INTO CONTRACTS, INCLUDING  AMENDMENTS
 OR  EXTENSIONS  THERETO,  WITH PUBLIC OR PRIVATE ORGANIZATIONS THAT MEET
 THE STANDARDS FOR LICENSURE ESTABLISHED UNDER THIS ARTICLE AND UNDER ANY
 PROCESS ESTABLISHED TO ASSIST IN THE TRANSITION  OF  EXISTING  PROGRAMS,
 FOR IMPLEMENTATION AND OPERATION OF A PACE ORGANIZATION.
   (B) THE DEPARTMENT MAY ENTER INTO ADDITIONAL CONTRACTS AS NECESSARY TO
 IMPLEMENT, OPERATE OR OVERSEE THE PROGRAM, OR ANY OTHER CONTRACTS DEEMED
 NECESSARY TO PROVIDE COMPREHENSIVE COMMUNITY-BASED, RISK-BASED AND CAPI-
 TATED LONG-TERM CARE TO ELIGIBLE POPULATIONS UNDER THE PACE PROGRAM.
   (C)  PACE  ORGANIZATIONS  SHALL  CONTRACT WITH THE FEDERAL CENTERS FOR
 MEDICARE AND MEDICAID SERVICES TO ENTER INTO A PACE ORGANIZATION  AGREE-
 MENT.
   3.  LICENSURE.  (A)  IN  SETTING  FORTH  REQUIREMENTS TO ESTABLISH THE
 STATE'S PACE ORGANIZATION, THE DEPARTMENT SHALL PROVIDE  FOR  A  UNIFIED
 LICENSURE  PROCESS  FOR  PACE ORGANIZATIONS THAT IS INCLUSIVE OF PROGRAM
 REQUIREMENTS SET FORTH  UNDER  ARTICLES  TWENTY-EIGHT,  THIRTY-SIX,  AND
 FORTY-FOUR OF THIS CHAPTER, AS WELL AS PERTINENT REGULATORY REQUIREMENTS
 S. 8007                            74                            A. 9007
 
 FOR  PACE  ORGANIZATIONS  IN ACCORDANCE WITH A REGULATORY APPROACH WHICH
 SHALL BE ESTABLISHED BY THE DEPARTMENT.
   (B) AN ENTITY MAY NOT OPERATE A PACE ORGANIZATION IN THE STATE WITHOUT
 BEING  LICENSED  IN ACCORDANCE WITH THIS SUBDIVISION AND ANY REGULATIONS
 PROMULGATED HEREUNDER; PROVIDED, HOWEVER, THAT  THIS  REQUIREMENT  SHALL
 NOT  BE  CONSTRUED  TO DISALLOW THE OPERATION OF APPROVED PACE ORGANIZA-
 TIONS AT THE TIME OF ENACTMENT OR IMPLEMENTATION OF THIS ACT IN  ACCORD-
 ANCE  WITH ANY PROCESS ESTABLISHED BY THE DEPARTMENT TO ASSIST THE TRAN-
 SITION OF SUCH EXISTING PROGRAMS THROUGH PROCESSES AND REQUIREMENTS  SET
 FORTH IN ACCORDANCE WITH THIS ARTICLE.
   4. OPERATIONS AND OVERSIGHT. THE DEPARTMENT SHALL:
   (A)  ESTABLISH  REQUIREMENTS FOR FINANCIAL SOLVENCY FOR PACE ORGANIZA-
 TIONS IN COMPLIANCE WITH THOSE SET FORTH IN PARAGRAPH (C) OF SUBDIVISION
 ONE OF SECTION FORTY-FOUR HUNDRED  THREE  OF  THIS  CHAPTER,  AND  SHALL
 ESTABLISH A CONTINGENT RESERVE REQUIREMENT FOR PACE ORGANIZATIONS WHICH,
 PURSUANT TO REGULATIONS, MAY BE DIFFERENT THAN OTHER PLANS;
   (B)  PROVIDE OVERSIGHT OF PACE ORGANIZATION OPERATIONS IN COORDINATION
 WITH THE CENTERS FOR  MEDICARE  AND  MEDICAID  SERVICES,  INCLUDING  THE
 ESTABLISHMENT  OF  ANY  RULES  APPROPRIATE  FOR  THE SAFE, EFFICIENT AND
 ORDERLY ADMINISTRATION OF THE PROGRAM AND FOR THE MAINTENANCE OR REVOCA-
 TION OF LICENSURE UNDER THIS ARTICLE.
   § 2999-V. ELIGIBILITY AND ENROLLMENT. 1. TO BE ELIGIBLE FOR ENROLLMENT
 IN A PACE ORGANIZATION, AN INDIVIDUAL MUST:
   (A) BE AT LEAST FIFTY-FIVE YEARS OLD; AND
   (B) MEET THE STATE'S ELIGIBILITY CRITERIA FOR NURSING HOME LEVEL OF
   CARE; AND
   (C) RESIDE WITHIN THE PACE APPROVED SERVICE AREA; AND
   (D) BE ABLE TO BE MAINTAINED SAFELY IN A  COMMUNITY-BASED  SETTING  AT
 THE TIME OF ENROLLMENT WITH THE ASSISTANCE OF THE PACE ORGANIZATION; AND
   (E)  MEET  ANY  ADDITIONAL  PROGRAM  SPECIFIC  ELIGIBILITY  CONDITIONS
 IMPOSED UNDER THE PACE PROGRAM AGREEMENT BETWEEN THE PACE  ORGANIZATION,
 THE DEPARTMENT, AND THE CENTERS FOR MEDICARE AND MEDICAID SERVICES; OR
   (F) BE OTHERWISE ELIGIBLE FOR PARTICIPATION IN A PACE DEMONSTRATION OR
 SPECIALTY  PROGRAM  AUTHORIZED  BY  THE  FEDERAL PACE INNOVATION ACT AND
 APPROVED BY THE CENTERS FOR  MEDICARE  AND  MEDICAID  SERVICES  AND  THE
 DEPARTMENT.  NOTWITHSTANDING  ANY  LAW OR REGULATION TO THE CONTRARY, IN
 THE EVENT THAT FEDERAL LAW OR REGULATION PERMITS EXPANDED ELIGIBILITY OR
 ENROLLMENT OPTIONS, ELIGIBILITY OR ENROLLMENT FOR  THE  APPLICABLE  PACE
 ORGANIZATIONS MAY, IF APPROVED BY THE DEPARTMENT, CONFORM TO SUCH STAND-
 ARDS AS PERMITTED UNDER SUCH FEDERAL AUTHORITY.
   2.  ENROLLMENT  AND PARTICIPATION BY INDIVIDUALS IN PACE ORGANIZATIONS
 SHALL BE VOLUNTARY.
   § 2999-W. INCLUDED PROGRAM BENEFITS. ENROLLEES IN ALL  PACE  ORGANIZA-
 TIONS  SHALL  BE  PROVIDED  A  BENEFIT  PACKAGE, REGARDLESS OF SOURCE OF
 PAYMENT, THAT INCLUDES:
   1. ALL MEDICARE-COVERED ITEMS AND SERVICES;
   2. ALL MEDICAID-COVERED  ITEMS  AND  SERVICES,  AS  SPECIFIED  IN  THE
 STATE'S  MEDICAID  PLAN  AND UNDER SECTION THREE HUNDRED SIXTY-FOUR-J OF
 THE SOCIAL SERVICES LAW; AND
   3. OTHER SUCH SERVICES AS DETERMINED NECESSARY BY  THE  INTERDISCIPLI-
 NARY  TEAM  TO  IMPROVE  AND  MAINTAIN  THE PARTICIPANT'S OVERALL HEALTH
 STATUS.
   § 2999-X. REIMBURSEMENT. THE DEPARTMENT SHALL DEVELOP  AND  IMPLEMENT,
 IN  CONFORMANCE  WITH APPLICABLE FEDERAL REQUIREMENTS, A METHODOLOGY FOR
 ESTABLISHING RATES OF PAYMENT FOR COSTS OF  BENEFITS  PROVIDED  BY  PACE
 ORGANIZATIONS TO ITS MEDICAID ELIGIBLE ENROLLEES.
 S. 8007                            75                            A. 9007
 
   §  4.  This act shall take effect immediately; provided, however, that
 section three of this act shall take effect upon the adoption  of  rules
 and regulations by the commissioner of health governing the licensure of
 PACE  organizations as provided under article 29-EE of the public health
 law as added by section three of this act; provided that the commission-
 er  of health shall notify the legislative bill drafting commission upon
 the occurrence of the adoption of rules and regulations pursuant to such
 section in order that the commission may maintain an accurate and timely
 effective data base of the official text of the laws of the state of New
 York in furtherance of effectuating the provisions of section 44 of  the
 legislative  law  and section 70-b of the public officers law. Effective
 immediately, the addition, amendment and/or repeal of any rule or  regu-
 lation  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

   Section 1. Subdivision 2 of section 364-j of the social  services  law
 is amended by adding a new paragraph (d) to read as follows:
   (D) EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-TWO AND EXPIRING ON THE
 DATE  THE  COMMISSIONER OF HEALTH PUBLISHES ON ITS WEBSITE A REQUEST FOR
 PROPOSALS IN ACCORDANCE WITH PARAGRAPH (A) OF SUBDIVISION FIVE  OF  THIS
 SECTION,  THE  COMMISSIONER  OF  HEALTH  SHALL PLACE A MORATORIUM ON THE
 PROCESSING AND APPROVAL OF APPLICATIONS SEEKING AUTHORITY TO ESTABLISH A
 MANAGED CARE PROVIDER, INCLUDING APPLICATIONS SEEKING  AUTHORIZATION  TO
 EXPAND THE SCOPE OF ELIGIBLE ENROLLEE POPULATIONS. SUCH MORATORIUM SHALL
 NOT APPLY TO:
   (I)  APPLICATIONS  SUBMITTED TO THE DEPARTMENT PRIOR TO JANUARY FIRST,
 TWO THOUSAND TWENTY-TWO;
   (II) APPLICATIONS SEEKING APPROVAL TO TRANSFER OWNERSHIP OR CONTROL OF
 AN EXISTING MANAGED CARE PROVIDER;
   (III) APPLICATIONS SEEKING AUTHORIZATION TO EXPAND AN EXISTING MANAGED
 CARE PROVIDER'S APPROVED SERVICE AREA;
   (IV) APPLICATIONS SEEKING AUTHORIZATION TO FORM OR OPERATE  A  MANAGED
 CARE  PROVIDER  THROUGH  AN ENTITY CERTIFIED UNDER SECTION FOUR THOUSAND
 FOUR HUNDRED THREE-C OR FOUR THOUSAND FOUR HUNDRED THREE-G OF THE PUBLIC
 HEALTH LAW;
   (V) APPLICATIONS DEMONSTRATING TO THE COMMISSIONER OF HEALTH'S  SATIS-
 FACTION  THAT  SUBMISSION  OF THE APPLICATION FOR CONSIDERATION WOULD BE
 APPROPRIATE TO ADDRESS A SERIOUS CONCERN WITH CARE DELIVERY, SUCH  AS  A
 LACK  OF  ADEQUATE ACCESS TO MANAGED CARE PROVIDERS IN A GEOGRAPHIC AREA
 OR A LACK OF ADEQUATE AND APPROPRIATE CARE, LANGUAGE AND CULTURAL COMPE-
 TENCE, OR SPECIAL NEEDS SERVICES.
   § 2. Subdivision 5 of section 364-j of the  social  services  law,  as
 amended by section 15 of part C of chapter 58 of the laws of 2004, para-
 graph  (a)  as amended by section 40 of part A of chapter 56 of the laws
 of 2013, paragraphs (d), (e) and (f) as amended by section 80 of part  H
 of chapter 59 of the laws of 2011, is amended to read as follows:
   5.  Managed  care  programs  shall be conducted in accordance with the
 requirements of this section and, to the extent  practicable,  encourage
 the  provision of comprehensive medical services, pursuant to this arti-
 cle.
   (a) The managed care  program  NOTWITHSTANDING  SECTIONS  ONE  HUNDRED
 TWELVE  AND  ONE  HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, SECTIONS
 ONE HUNDRED FORTY-TWO AND ONE HUNDRED FORTY-THREE OF THE ECONOMIC DEVEL-
 S. 8007                            76                            A. 9007
 
 OPMENT LAW, AND ANY OTHER INCONSISTENT PROVISION OF LAW, THE COMMISSION-
 ER OF HEALTH shall, THROUGH A COMPETITIVE BID PROCESS BASED ON PROPOSALS
 SUBMITTED TO THE DEPARTMENT, provide  for  the  selection  of  qualified
 managed care providers [by the commissioner of health] to participate in
 the  MANAGED  CARE  program  PURSUANT TO A CONTRACT WITH THE DEPARTMENT,
 including [comprehensive HIV special  needs  plans  and]  special  needs
 managed  care  plans  in accordance with the provisions of section three
 hundred sixty-five-m of this title; provided, however, that the  commis-
 sioner  of  health  may contract directly with comprehensive HIV special
 needs plans [consistent with standards set forth in this section]  WITH-
 OUT A COMPETITIVE BID PROCESS, and assure that such providers are acces-
 sible taking into account the needs of persons with disabilities and the
 differences  between  rural, suburban, and urban settings, and in suffi-
 cient numbers to meet the health care needs of participants,  and  shall
 consider  the extent to which major public hospitals are included within
 such providers' networks[.
   (b) A proposal]; AND PROVIDED FURTHER THAT:
   (I) PROPOSALS submitted by a managed care provider to  participate  in
 the managed care program shall:
   [(i)]  (A)  designate  the  geographic [area] AREAS, AS DEFINED BY THE
 COMMISSIONER OF HEALTH IN THE REQUEST FOR PROPOSALS, to  be  served  [by
 the  provider],  and  estimate  the  number of eligible participants and
 actual participants in such designated area;
   [(ii)] (B) include a network of health care  providers  in  sufficient
 numbers and geographically accessible to service program participants;
   [(iii)]  (C)  describe  the  procedures  for  marketing in the program
 location, including the designation of other entities which may  perform
 such functions under contract with the organization;
   [(iv)] (D) describe the quality assurance, utilization review and case
 management mechanisms to be implemented;
   [(v)]  (E) demonstrate the applicant's ability to meet the data analy-
 sis and reporting requirements of the program;
   [(vi)] (F) demonstrate financial feasibility of the program; and
   [(vii)] (G) include such other  information  as  the  commissioner  of
 health may deem appropriate.
   (II) IN ADDITION TO THE CRITERIA DESCRIBED IN SUBPARAGRAPH (I) OF THIS
 PARAGRAPH, THE COMMISSIONER OF HEALTH SHALL ALSO CONSIDER:
   (A)  ACCESSIBILITY  AND  GEOGRAPHIC DISTRIBUTION OF NETWORK PROVIDERS,
 TAKING INTO ACCOUNT THE NEEDS  OF  PERSONS  WITH  DISABILITIES  AND  THE
 DIFFERENCES BETWEEN RURAL, SUBURBAN, AND URBAN SETTINGS;
   (B)  THE  EXTENT  TO  WHICH MAJOR PUBLIC HOSPITALS ARE INCLUDED IN THE
 SUBMITTED PROVIDER NETWORK;
   (C) DEMONSTRATED CULTURAL AND LANGUAGE COMPETENCIES  SPECIFIC  TO  THE
 POPULATION OF PARTICIPANTS;
   (D)  THE CORPORATE ORGANIZATION AND STATUS OF THE BIDDER AS A CHARITA-
 BLE CORPORATION UNDER THE NOT-FOR-PROFIT CORPORATION LAW;
   (E) THE ABILITY OF A BIDDER TO OFFER PLANS IN MULTIPLE REGIONS;
   (F) THE TYPE AND NUMBER OF PRODUCTS THE BIDDER  PROPOSES  TO  OPERATE,
 INCLUDING PRODUCTS BID FOR IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI-
 SION  SIX  OF  SECTION  FOUR THOUSAND FOUR HUNDRED THREE-F OF THE PUBLIC
 HEALTH LAW, AND OTHER PRODUCTS DETERMINED BY THE COMMISSIONER OF HEALTH,
 INCLUDING BUT NOT NECESSARILY LIMITED  TO  THOSE  OPERATED  UNDER  TITLE
 ONE-A  OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW AND SECTION THREE
 HUNDRED SIXTY-NINE-GG OF THIS ARTICLE;
   (G) WHETHER THE BIDDER PARTICIPATES IN PRODUCTS  FOR  INTEGRATED  CARE
 FOR PARTICIPANTS WHO ARE DUALLY ELIGIBLE FOR MEDICAID AND MEDICARE;
 S. 8007                            77                            A. 9007
 
   (H)  WHETHER  THE  BIDDER PARTICIPATES IN VALUE BASED PAYMENT ARRANGE-
 MENTS AS DEFINED BY THE DEPARTMENT, INCLUDING THE DELEGATION OF  SIGNIF-
 ICANT FINANCIAL RISK TO CLINICALLY INTEGRATED PROVIDER NETWORKS;
   (I)  THE  BIDDER'S  COMMITMENT TO PARTICIPATION IN MANAGED CARE IN THE
 STATE;
   (J) THE BIDDER'S COMMITMENT TO QUALITY IMPROVEMENT;
   (K) THE BIDDER'S COMMITMENT TO  COMMUNITY  REINVESTMENT  SPENDING,  AS
 SHALL BE DEFINED IN THE PROCUREMENT;
   (L)  FOR CURRENT OR PREVIOUSLY AUTHORIZED MANAGED CARE PROVIDERS, PAST
 PERFORMANCE IN  MEETING  MANAGED  CARE  CONTRACT  OR  FEDERAL  OR  STATE
 REQUIREMENTS, AND IF THE COMMISSIONER ISSUED ANY STATEMENTS OF FINDINGS,
 STATEMENTS  OF DEFICIENCY, INTERMEDIATE SANCTIONS OR ENFORCEMENT ACTIONS
 TO A BIDDER FOR  NON-COMPLIANCE  WITH  SUCH  REQUIREMENTS,  WHETHER  THE
 BIDDER ADDRESSED SUCH ISSUES IN A TIMELY MANNER;
   (M)  SUCH  CRITERIA  AS THE COMMISSIONER OF HEALTH SHALL DEVELOP, WITH
 THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH, THE OFFICE FOR  PEOPLE
 WITH  DEVELOPMENTAL  DISABILITIES,  THE OFFICE OF ADDICTION SERVICES AND
 SUPPORTS, AND THE OFFICE OF CHILDREN AND FAMILY SERVICES, AS APPLICABLE;
 AND
   (N) ANY OTHER CRITERIA  DEEMED  APPROPRIATE  BY  THE  COMMISSIONER  OF
 HEALTH.
   (III) SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH DESCRIBING PROPOSAL
 CONTENT  AND  SELECTION  CRITERIA REQUIREMENTS SHALL NOT BE CONSTRUED AS
 LIMITING OR REQUIRING  THE  COMMISSIONER  OF  HEALTH  TO  EVALUATE  SUCH
 CONTENT  OR  CRITERIA  ON  A  PASS-FAIL,  SCALE, OR OTHER METHODOLOGICAL
 BASIS; PROVIDED HOWEVER, THAT THE COMMISSIONER SHALL CONSIDER  ALL  SUCH
 CONTENT  AND  CRITERIA  USING  METHODS DETERMINED BY THE COMMISSIONER OF
 HEALTH IN THEIR DISCRETION AND, AS APPLICABLE, IN CONSULTATION WITH  THE
 COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH, THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL   DISABILITIES,  THE  OFFICE  OF  ADDICTION  SERVICES  AND
 SUPPORTS, AND THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   (IV) THE DEPARTMENT OF HEALTH SHALL POST ON ITS WEBSITE:
   (A) THE REQUEST FOR  PROPOSALS  AND  A  DESCRIPTION  OF  THE  PROPOSED
 SERVICES  TO  BE  PROVIDED PURSUANT TO CONTRACTS IN ACCORDANCE WITH THIS
 SUBDIVISION;
   (B) THE CRITERIA ON WHICH THE  DEPARTMENT  SHALL  DETERMINE  QUALIFIED
 BIDDERS  AND EVALUATE THEIR PROPOSALS, INCLUDING ALL CRITERIA IDENTIFIED
 IN THIS SUBDIVISION;
   (C) THE MANNER BY WHICH A PROPOSAL MAY BE SUBMITTED, WHICH MAY INCLUDE
 SUBMISSION BY ELECTRONIC MEANS;
   (D) THE MANNER BY WHICH  A  MANAGED  CARE  PROVIDER  MAY  CONTINUE  TO
 PARTICIPATE  IN  THE  MANAGED CARE PROGRAM PENDING AWARD OF MANAGED CARE
 PROVIDERS THROUGH A COMPETITIVE BID PROCESS PURSUANT  TO  THIS  SUBDIVI-
 SION; AND
   (E)  UPON  AWARD,  THE  MANAGED  CARE  PROVIDERS THAT THE COMMISSIONER
 INTENDS TO CONTRACT WITH PURSUANT TO THIS SUBDIVISION, PROVIDED THAT THE
 COMMISSIONER SHALL UPDATE SUCH LIST  TO  INDICATE  THE  FINAL  SLATE  OF
 CONTRACTED MANAGED CARE PROVIDERS.
   (V)(A)  ALL RESPONSIVE SUBMISSIONS THAT ARE RECEIVED FROM BIDDERS IN A
 TIMELY FASHION SHALL BE  REVIEWED  BY  THE  COMMISSIONER  OF  HEALTH  IN
 CONSULTATION  WITH THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH, THE
 OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES,  THE  OFFICE  OF
 ADDICTION  SERVICES  AND SUPPORTS, AND THE OFFICE OF CHILDREN AND FAMILY
 SERVICES,  AS  APPLICABLE.  THE  COMMISSIONER  SHALL  CONSIDER  COMMENTS
 RESULTING  FROM  THE REVIEW OF PROPOSALS AND MAKE AWARDS IN CONSULTATION
 WITH SUCH AGENCIES.
 S. 8007                            78                            A. 9007
 
   (B) THE COMMISSIONER OF HEALTH SHALL MAKE AWARDS UNDER  THIS  SUBDIVI-
 SION  FOR  EACH PRODUCT, FOR WHICH PROPOSALS WERE REQUESTED, TO AT LEAST
 TWO MANAGED CARE PROVIDERS IN EACH  GEOGRAPHIC  REGION  DEFINED  BY  THE
 COMMISSIONER IN THE REQUEST FOR PROPOSALS FOR WHICH AT LEAST TWO MANAGED
 CARE  PROVIDERS  HAVE SUBMITTED A PROPOSAL, AND SHALL HAVE DISCRETION TO
 OFFER MORE CONTRACTS BASED ON NEED FOR ACCESS; PROVIDED,  HOWEVER,  THAT
 THE  COMMISSIONER  OF  HEALTH  SHALL  NOT  OFFER  ANY MORE THAN FIVE (5)
 CONTRACTS IN ANY ONE REGION.
   (C) MANAGED CARE PROVIDERS AWARDED UNDER  THIS  SUBDIVISION  SHALL  BE
 ENTITLED TO ENTER INTO A CONTRACT WITH THE DEPARTMENT FOR THE PURPOSE OF
 PARTICIPATING  IN THE MANAGED CARE PROGRAM. SUCH CONTRACTS SHALL RUN FOR
 A TERM TO BE DETERMINED BY THE COMMISSIONER, WHICH  MAY  BE  RENEWED  OR
 MODIFIED  FROM  TIME  TO  TIME  WITHOUT  A NEW REQUEST FOR PROPOSALS, TO
 ENSURE CONSISTENCY WITH CHANGES IN FEDERAL AND STATE  LAWS,  REGULATIONS
 OR  POLICIES, INCLUDING BUT NOT LIMITED TO THE EXPANSION OR REDUCTION OF
 MEDICAL ASSISTANCE SERVICES AVAILABLE TO PARTICIPANTS THROUGH A  MANAGED
 CARE PROVIDER.
   (D) NOTHING IN THIS PARAGRAPH OR OTHER PROVISION OF THIS SECTION SHALL
 BE CONSTRUED TO LIMIT IN ANY WAY THE ABILITY OF THE DEPARTMENT OF HEALTH
 TO TERMINATE AWARDED CONTRACTS FOR CAUSE, WHICH SHALL INCLUDE BUT NOT BE
 LIMITED TO ANY VIOLATION OF THE TERMS OF SUCH CONTRACTS OR VIOLATIONS OF
 STATE OR FEDERAL LAWS AND REGULATIONS AND ANY LOSS OF NECESSARY STATE OR
 FEDERAL FUNDING.
   (E)  NOTWITHSTANDING  SECTIONS  ONE  HUNDRED  TWELVE  AND  ONE HUNDRED
 SIXTY-THREE OF THE STATE FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND
 ONE HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, AND  ANY  OTHER
 INCONSISTENT  PROVISION OF LAW, THE DEPARTMENT OF HEALTH MAY, IN ACCORD-
 ANCE WITH THE PROVISIONS OF  THIS  PARAGRAPH,  ISSUE  NEW  REQUESTS  FOR
 PROPOSALS  AND  AWARD NEW CONTRACTS FOR TERMS FOLLOWING AN EXISTING TERM
 OF A CONTRACT ENTERED INTO UNDER THIS PARAGRAPH.
   (B)(I) WITHIN SIXTY DAYS OF  THE  DEPARTMENT  OF  HEALTH  ISSUING  THE
 REQUEST FOR PROPOSALS UNDER PARAGRAPH (A) OF THIS SUBDIVISION, A MANAGED
 CARE  PROVIDER  THAT  WAS  APPROVED  TO  PARTICIPATE IN THE MANAGED CARE
 PROGRAM PRIOR TO THE ISSUANCE OF THE REQUEST FOR PROPOSALS, SHALL SUBMIT
 ITS INTENTION TO COMPLETE SUCH PROPOSAL TO THE DEPARTMENT.
   (II) A MANAGED CARE PROVIDER THAT: (A)  FAILS  TO  SUBMIT  ITS  INTENT
 TIMELY,  (B)  INDICATES WITHIN THE SIXTY-DAYS ITS INTENT NOT TO COMPLETE
 SUCH A PROPOSAL, (C) FAILS TO SUBMIT A PROPOSAL WITHIN THE FURTHER TIME-
 FRAME SPECIFIED BY  THE  COMMISSIONER  OF  HEALTH  IN  THE  REQUEST  FOR
 PROPOSALS,  OR  (D)  IS  NOT  AWARDED  THE ABILITY TO PARTICIPATE IN THE
 MANAGED CARE PROGRAM UNDER PARAGRAPH (A)  OF  THIS  SUBDIVISION,  SHALL,
 UPON  DIRECTION  FROM THE COMMISSIONER OF HEALTH, TERMINATE ITS SERVICES
 AND OPERATIONS IN ACCORDANCE WITH THE CONTRACT BETWEEN THE MANAGED  CARE
 PROVIDER AND THE DEPARTMENT OF HEALTH AND SHALL BE ADDITIONALLY REQUIRED
 TO  MAINTAIN  COVERAGE OF PARTICIPANTS FOR SUCH PERIOD OF TIME AS DETER-
 MINED NECESSARY BY THE COMMISSIONER OF HEALTH TO ACHIEVE  THE  SAFE  AND
 ORDERLY TRANSFER OF PARTICIPANTS.
   (c)  [The commissioner of health shall make a determination whether to
 approve, disapprove or recommend modification of the proposal] IF NECES-
 SARY TO ENSURE ACCESS TO SUFFICIENT NUMBER OF MANAGED CARE PROVIDERS  ON
 A  GEOGRAPHIC OR OTHER BASIS, INCLUDING A LACK OF ADEQUATE AND APPROPRI-
 ATE CARE, LANGUAGE AND CULTURAL COMPETENCE, OR SPECIAL  NEEDS  SERVICES,
 THE  COMMISSIONER  OF  HEALTH  MAY  REISSUE  A  REQUEST FOR PROPOSALS AS
 PROVIDED FOR UNDER PARAGRAPH (A) OF THIS SUBDIVISION, PROVIDED  HOWEVER,
 THAT  SUCH  REQUEST  MAY  BE LIMITED TO THE GEOGRAPHIC OR OTHER BASIS OF
 NEED THAT THE REQUEST FOR PROPOSALS IS SEEKING TO  ADDRESS.  ANY  AWARDS
 S. 8007                            79                            A. 9007
 
 MADE SHALL BE SUBJECT TO THE REQUIREMENTS OF THIS SECTION, INCLUDING BUT
 NOT LIMITED TO THE MINIMUM AND MAXIMUM NUMBER OF AWARDS IN A REGION.
   (d)  [Notwithstanding  any  inconsistent  provision  of this title and
 section one hundred sixty-three of the state finance  law,  the  commis-
 sioner of health may contract with managed care providers approved under
 paragraph  (b) of this subdivision, without a competitive bid or request
 for proposal process, to provide coverage for participants  pursuant  to
 this title.
   (e)  Notwithstanding  any  inconsistent  provision  of  this title and
 section one hundred forty-three of  the  economic  development  law,  no
 notice in the procurement opportunities newsletter shall be required for
 contracts  awarded  by  the commissioner of health, to qualified managed
 care providers pursuant to this section.
   (f)] The care and services  described  in  subdivision  four  of  this
 section  will  be  furnished  by a managed care provider pursuant to the
 provisions of this section when such services are furnished  in  accord-
 ance  with an agreement with the department of health, and meet applica-
 ble federal law and regulations.
   [(g)] (E) The commissioner of health may delegate some or all  of  the
 tasks identified in this section to the local districts.
   [(h)]  (F)  Any  delegation  pursuant  to  paragraph [(g)] (E) of this
 subdivision shall be reflected in the contract between  a  managed  care
 provider and the commissioner of health.
   §  3.  Subdivision  4  of  section 365-m of the social services law is
 REPEALED and a new subdivision 4 is added to read as follows:
   4. THE COMMISSIONER OF HEALTH, JOINTLY WITH THE COMMISSIONERS  OF  THE
 OFFICE  OF  MENTAL  HEALTH  AND  THE  OFFICE  OF  ADDICTION SERVICES AND
 SUPPORTS, SHALL SELECT A LIMITED NUMBER OF SPECIAL  NEEDS  MANAGED  CARE
 PLANS UNDER SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS TITLE, IN ACCORD-
 ANCE  WITH  SUBDIVISION  FIVE  OF  SUCH SECTION, CAPABLE OF MANAGING THE
 BEHAVIORAL AND PHYSICAL HEALTH NEEDS  OF  MEDICAL  ASSISTANCE  ENROLLEES
 WITH SIGNIFICANT BEHAVIORAL HEALTH NEEDS.
   §  4.  The opening paragraph of subdivision 2 of section 4403-f of the
 public health law, as amended by section 8 of part C of  chapter  58  of
 the laws of 2007, is amended to read as follows:
   An eligible applicant shall submit an application for a certificate of
 authority to operate a managed long term care plan upon forms prescribed
 by  the  commissioner,  INCLUDING  ANY  SUCH  FORMS OR PROCESS AS MAY BE
 REQUIRED OR PRESCRIBED  BY  THE  COMMISSIONER  IN  ACCORDANCE  WITH  THE
 COMPETITIVE  BID  PROCESS  UNDER  SUBDIVISION  SIX OF THIS SECTION. Such
 eligible applicant shall submit information  and  documentation  to  the
 commissioner which shall include, but not be limited to:
   §  5.  Subdivision  3  of  section 4403-f of the public health law, as
 amended by section 41-a of part H of chapter 59 of the laws of 2011,  is
 amended to read as follows:
   3.  Certificate of authority; approval. (A) The commissioner shall not
 approve an application for a certificate of authority unless the  appli-
 cant demonstrates to the commissioner's satisfaction:
   [(a)]  (I)  that  it  will  have in place acceptable quality-assurance
 mechanisms, grievance procedures, mechanisms to protect  the  rights  of
 enrollees  and  case  management services to ensure continuity, quality,
 appropriateness and coordination of care;
   [(b)] (II) that it will include  an  enrollment  process  which  shall
 ensure  that  enrollment  in the plan is informed. The application shall
 describe the disenrollment process, which shall provide that  an  other-
 S. 8007                            80                            A. 9007

 wise  eligible  enrollee  shall  not be involuntarily disenrolled on the
 basis of health status;
   [(c)]  (III)  satisfactory evidence of the character and competence of
 the proposed operators and reasonable assurance that the applicant  will
 provide high quality services to an enrolled population;
   [(d)] (IV) sufficient management systems capacity to meet the require-
 ments of this section and the ability to efficiently process payment for
 covered services;
   [(e)]  (V)  readiness  and capability to maximize reimbursement of and
 coordinate services reimbursed pursuant to title XVIII  of  the  federal
 social security act and all other applicable benefits, with such benefit
 coordination  including,  but  not limited to, measures to support sound
 clinical decisions, reduce administrative complexity, coordinate  access
 to  services,  maximize  benefits  available  pursuant to such title and
 ensure that necessary care is provided;
   [(f)] (VI) readiness and capability  to  arrange  and  manage  covered
 services  and coordinate non-covered services which could include prima-
 ry, specialty, and acute care services reimbursed pursuant to title  XIX
 of the federal social security act;
   [(g)]  (VII)  willingness and capability of taking, or cooperating in,
 all steps necessary to secure and integrate  any  potential  sources  of
 funding  for  services  provided  by  the  managed  long term care plan,
 including, but not limited  to,  funding  available  under  titles  XVI,
 XVIII,  XIX and XX of the federal social security act, the federal older
 Americans act of nineteen hundred sixty-five, as amended, or any succes-
 sor provisions subject to approval of the director of the  state  office
 for aging, and through financing options such as those authorized pursu-
 ant to section three hundred sixty-seven-f of the social services law;
   [(h)] (VIII) that the contractual arrangements for providers of health
 and  long  term  care  services in the benefit package are sufficient to
 ensure the availability  and  accessibility  of  such  services  to  the
 proposed  enrolled  population consistent with guidelines established by
 the commissioner;  with  respect  to  individuals  in  receipt  of  such
 services  prior to enrollment, such guidelines shall require the managed
 long term care plan to contract with agencies currently  providing  such
 services,  in  order  to  promote  continuity of care. In addition, such
 guidelines shall require managed long term care plans to offer and cover
 consumer directed personal assistance services for eligible  individuals
 who  elect  such services pursuant to section three hundred sixty-five-f
 of the social services law; and
   [(i)] (IX) that the applicant is financially responsible  and  may  be
 expected to meet its obligations to its enrolled members.
   (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, THE APPROVAL OF ANY APPLICATION FOR  CERTIFICATION  AS  A  MANAGED
 LONG  TERM CARE PLAN UNDER THIS SECTION FOR A PLAN THAT SEEKS TO COVER A
 POPULATION OF ENROLLEES ELIGIBLE FOR SERVICES UNDER  TITLE  XIX  OF  THE
 FEDERAL  SOCIAL  SECURITY  ACT,  SHALL  BE SUBJECT TO AND CONDITIONED ON
 SELECTION THROUGH THE COMPETITIVE BID PROCESS PROVIDED UNDER SUBDIVISION
 SIX OF THIS SECTION.
   § 6. Subdivision 6 of section 4403-f of  the  public  health  law,  as
 amended  by  section  41-b  of part H of chapter 59 of the laws of 2011,
 paragraph (a) as amended by section 4 and paragraphs (d), (e) and (f) as
 added by section 5 of part MM of chapter 56 of  the  laws  of  2020,  is
 amended to read as follows:
   6.  Approval  authority.  [(a)] An applicant shall be issued a certif-
 icate of authority as a managed long term care plan upon a determination
 S. 8007                            81                            A. 9007
 
 by the commissioner that  the  applicant  complies  with  the  operating
 requirements  for  a  managed  long  term  care plan under this section;
 PROVIDED, HOWEVER, THAT ANY MANAGED  LONG  TERM  CARE  PLAN  SEEKING  TO
 PROVIDE  HEALTH AND LONG TERM CARE SERVICES TO A POPULATION OF ENROLLEES
 THAT ARE ELIGIBLE UNDER TITLE XIX OF THE  FEDERAL  SOCIAL  SECURITY  ACT
 SHALL  NOT  RECEIVE  A  CERTIFICATE  OF AUTHORITY, NOR BE ELIGIBLE FOR A
 CONTRACT TO PROVIDE SUCH SERVICES WITH THE DEPARTMENT,  UNLESS  SELECTED
 THROUGH  THE COMPETITIVE BID PROCESS DESCRIBED IN THIS SUBDIVISION. [The
 commissioner shall issue  no  more  than  seventy-five  certificates  of
 authority  to  managed  long  term  care plans pursuant to this section.
 Nothing in this section shall be construed as requiring  the  department
 to  contract  with or to contract for a particular line of business with
 an entity certified under this section for  the  provision  of  services
 available under title eleven of article five of the social services law.
   (b)  An  operating  demonstration  shall  be  issued  a certificate of
 authority as a managed long term care plan upon a determination  by  the
 commissioner   that  such  demonstration  complies  with  the  operating
 requirements for a managed long  term  care  plan  under  this  section.
 Nothing in this section shall be construed to affect the continued legal
 authority  of  an  operating  demonstration  to  operate  its previously
 approved program.
   (c) For the period beginning April  first,  two  thousand  twelve  and
 ending  March thirty-first, two thousand fifteen, the majority leader of
 the senate and the speaker of the assembly may  each  recommend  to  the
 commissioner,  in  writing, up to four eligible applicants to convert to
 be approved managed long term care plans. An  applicant  shall  only  be
 approved  and  issued  a  certificate  of  authority if the commissioner
 determines that the applicant  meets  the  requirements  of  subdivision
 three  of this section. The majority leader of the senate or the speaker
 of the assembly may assign their authority  to  recommend  one  or  more
 applicants under this section to the commissioner.]
   (A)  NOTWITHSTANDING  SECTIONS  ONE  HUNDRED  TWELVE  AND  ONE HUNDRED
 SIXTY-THREE OF THE STATE FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND
 ONE HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, AND  ANY  OTHER
 INCONSISTENT PROVISION OF LAW, THE COMMISSIONER OF HEALTH SHALL, THROUGH
 A  COMPETITIVE  BID  PROCESS BASED ON PROPOSALS SUBMITTED TO THE DEPART-
 MENT, PROVIDE FOR THE SELECTION OF  QUALIFIED  MANAGED  LONG  TERM  CARE
 PLANS TO PROVIDE HEALTH AND LONG TERM CARE SERVICES TO ENROLLEES WHO ARE
 ELIGIBLE  UNDER TITLE XIX OF THE FEDERAL SOCIAL SECURITY ACT PURSUANT TO
 A CONTRACT WITH THE DEPARTMENT; PROVIDED, HOWEVER, THAT:
   (I) A PROPOSAL SUBMITTED BY  A  MANAGED  LONG  TERM  CARE  PLAN  SHALL
 INCLUDE INFORMATION SUFFICIENT TO ALLOW THE COMMISSIONER TO EVALUATE THE
 BIDDER  IN  ACCORDANCE  WITH THE REQUIREMENTS IDENTIFIED IN SUBDIVISIONS
 TWO THROUGH FOUR OF THIS SECTION.
   (II) IN ADDITION TO THE CRITERIA DESCRIBED IN SUBPARAGRAPH (I) OF THIS
 PARAGRAPH, THE COMMISSIONER SHALL ALSO CONSIDER:
   (A) ACCESSIBILITY AND GEOGRAPHIC DISTRIBUTION  OF  NETWORK  PROVIDERS,
 TAKING  INTO  ACCOUNT  THE  NEEDS  OF  PERSONS WITH DISABILITIES AND THE
 DIFFERENCES BETWEEN RURAL, SUBURBAN, AND URBAN SETTINGS;
   (B) THE EXTENT TO WHICH MAJOR PUBLIC HOSPITALS  ARE  INCLUDED  IN  THE
 SUBMITTED PROVIDER NETWORK, IF APPLICABLE;
   (C)  DEMONSTRATED  CULTURAL  AND LANGUAGE COMPETENCIES SPECIFIC TO THE
 POPULATION OF PARTICIPANTS;
   (D) THE CORPORATE ORGANIZATION AND STATUS OF THE BIDDER AS A  CHARITA-
 BLE CORPORATION UNDER THE NOT-FOR-PROFIT CORPORATION LAW;
   (E) THE ABILITY OF A BIDDER TO OFFER PLANS IN MULTIPLE REGIONS;
 S. 8007                            82                            A. 9007
 
   (F)  THE  TYPE  AND NUMBER OF PRODUCTS THE BIDDER PROPOSES TO OPERATE,
 INCLUDING PRODUCTS APPLIED FOR IN  ACCORDANCE  WITH  THE  PROVISIONS  OF
 SUBDIVISION  FIVE  OF  SECTION  THREE HUNDRED SIXTY-FOUR-J OF THE SOCIAL
 SERVICES LAW, AND OTHER PRODUCTS DETERMINED BY THE COMMISSIONER, INCLUD-
 ING  BUT  NOT NECESSARILY LIMITED TO THOSE OPERATED UNDER TITLE ONE-A OF
 ARTICLE TWENTY-FIVE OF THIS CHAPTER AND  SECTION  THREE  HUNDRED  SIXTY-
 NINE-GG OF THE SOCIAL SERVICES LAW;
   (G)  WHETHER  THE  BIDDER PARTICIPATES IN PRODUCTS FOR INTEGRATED CARE
 FOR PARTICIPANTS WHO ARE DUALLY ELIGIBLE FOR MEDICAID AND MEDICARE;
   (H) WHETHER THE BIDDER PARTICIPATES IN VALUE  BASED  PAYMENT  ARRANGE-
 MENTS  AS DEFINED BY THE DEPARTMENT, INCLUDING THE DELEGATION OF SIGNIF-
 ICANT FINANCIAL RISK TO CLINICALLY INTEGRATED PROVIDER NETWORKS;
   (I) THE BIDDER'S COMMITMENT TO PARTICIPATION IN MANAGED  CARE  IN  THE
 STATE;
   (J) THE BIDDER'S COMMITMENT TO QUALITY IMPROVEMENT;
   (K)  THE  BIDDER'S  COMMITMENT  TO COMMUNITY REINVESTMENT SPENDING, AS
 SHALL BE DEFINED IN THE PROCUREMENT;
   (L) FOR CURRENT OR PREVIOUSLY AUTHORIZED MANAGED CARE PROVIDERS,  PAST
 PERFORMANCE  IN  MEETING  MANAGED  CARE  CONTRACT  OR  FEDERAL  OR STATE
 REQUIREMENTS, AND IF THE COMMISSIONER ISSUED ANY STATEMENTS OF FINDINGS,
 STATEMENTS OF DEFICIENCY, INTERMEDIATE SANCTIONS OR ENFORCEMENT  ACTIONS
 TO  A  BIDDER  FOR  NON-COMPLIANCE  WITH  SUCH REQUIREMENTS, WHETHER THE
 BIDDER ADDRESSED SUCH ISSUES IN A TIMELY MANNER;
   (M) SUCH CRITERIA AS THE COMMISSIONER SHALL DEVELOP, WITH THE  COMMIS-
 SIONERS  OF  THE  OFFICE  OF  MENTAL  HEALTH, THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL  DISABILITIES,  THE  OFFICE  OF  ADDICTION  SERVICES   AND
 SUPPORTS, AND THE OFFICE OF CHILDREN AND FAMILY SERVICES; AND
   (N) ANY OTHER CRITERIA DEEMED APPROPRIATE BY THE COMMISSIONER.
   (III) SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH DESCRIBING PROPOSAL
 CONTENT  AND  SELECTION  CRITERIA REQUIREMENTS SHALL NOT BE CONSTRUED AS
 LIMITING OR REQUIRING THE  COMMISSIONER  TO  EVALUATE  SUCH  CONTENT  OR
 CRITERIA  ON  A  PASS-FAIL,  SCALE,  OR  OTHER PARTICULAR METHODOLOGICAL
 BASIS; PROVIDED HOWEVER, THAT THE COMMISSIONER MUST  CONSIDER  ALL  SUCH
 CONTENT  AND  CRITERIA  USING  METHODS DETERMINED BY THE COMMISSIONER IN
 THEIR DISCRETION AND, AS APPLICABLE, IN CONSULTATION  WITH  THE  COMMIS-
 SIONERS  OF  THE  OFFICE  OF  MENTAL  HEALTH, THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL  DISABILITIES,  THE  OFFICE  OF  ADDICTION  SERVICES   AND
 SUPPORTS, AND THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   (IV) THE DEPARTMENT SHALL POST ON ITS WEBSITE:
   (A)  THE  REQUEST  FOR  PROPOSALS  AND  A  DESCRIPTION OF THE PROPOSED
 SERVICES TO BE PROVIDED PURSUANT TO CONTRACTS IN  ACCORDANCE  WITH  THIS
 SUBDIVISION;
   (B)  THE  CRITERIA  ON  WHICH THE DEPARTMENT SHALL DETERMINE QUALIFIED
 BIDDERS AND EVALUATE THEIR APPLICATIONS, INCLUDING ALL CRITERIA  IDENTI-
 FIED IN THIS SUBDIVISION;
   (C) THE MANNER BY WHICH A PROPOSAL MAY BE SUBMITTED, WHICH MAY INCLUDE
 SUBMISSION BY ELECTRONIC MEANS;
   (D)  THE MANNER BY WHICH A MANAGED LONG TERM CARE PLAN MAY CONTINUE TO
 PROVIDE HEALTH AND LONG TERM CARE SERVICES TO ENROLLEES WHO ARE ELIGIBLE
 UNDER TITLE XIX OF THE FEDERAL SOCIAL SECURITY  ACT  PENDING  AWARDS  TO
 MANAGED  LONG TERM CARE PLANS THROUGH A COMPETITIVE BID PROCESS PURSUANT
 TO THIS SUBDIVISION; AND
   (E) UPON AWARD, THE MANAGED LONG TERM CARE PLANS THAT THE COMMISSIONER
 INTENDS TO CONTRACT WITH PURSUANT TO THIS SUBDIVISION, PROVIDED THAT THE
 COMMISSIONER SHALL UPDATE SUCH LIST  TO  INDICATE  THE  FINAL  SLATE  OF
 CONTRACTED MANAGED LONG TERM CARE PLANS.
 S. 8007                            83                            A. 9007
 
   (V) (A) ALL RESPONSIVE SUBMISSIONS THAT ARE RECEIVED FROM BIDDERS IN A
 TIMELY  FASHION  SHALL  BE  REVIEWED  BY  THE  COMMISSIONER OF HEALTH IN
 CONSULTATION WITH THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH,  THE
 OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES,  THE  OFFICE  OF
 ADDICTION  SERVICES  AND SUPPORTS, AND THE OFFICE OF CHILDREN AND FAMILY
 SERVICES,  AS  APPLICABLE.  THE  COMMISSIONER  SHALL  CONSIDER  COMMENTS
 RESULTING  FROM  THE REVIEW OF PROPOSALS AND MAKE AWARDS IN CONSULTATION
 WITH SUCH AGENCIES.
   (B) THE COMMISSIONER SHALL MAKE AWARDS  UNDER  THIS  SUBDIVISION,  FOR
 EACH PRODUCT FOR WHICH PROPOSALS WERE REQUESTED, TO AT LEAST TWO MANAGED
 LONG  TERM  CARE  PLANS IN EACH GEOGRAPHIC REGION DEFINED BY THE COMMIS-
 SIONER IN THE REQUEST FOR PROPOSALS FOR WHICH AT LEAST TWO MANAGED  LONG
 TERM  CARE PLANS HAVE SUBMITTED A PROPOSAL, AND SHALL HAVE DISCRETION TO
 OFFER MORE CONTRACTS BASED ON NEED FOR ACCESS; PROVIDED,  HOWEVER,  THAT
 THE COMMISSIONER SHALL NOT OFFER ANY MORE THAN FIVE (5) CONTRACTS IN ANY
 ONE REGION.
   (C)  MANAGED LONG TERM CARE PLANS AWARDED UNDER THIS SUBDIVISION SHALL
 BE ENTITLED TO ENTER INTO A CONTRACT WITH THE DEPARTMENT FOR THE PURPOSE
 OF PROVIDING HEALTH AND LONG TERM CARE SERVICES  TO  ENROLLEES  WHO  ARE
 ELIGIBLE  UNDER  TITLE  XIX  OF  THE  FEDERAL  SOCIAL SECURITY ACT. SUCH
 CONTRACTS SHALL RUN FOR A TERM TO BE  DETERMINED  BY  THE  COMMISSIONER,
 WHICH MAY BE RENEWED OR MODIFIED FROM TIME TO TIME WITHOUT A NEW REQUEST
 FOR  PROPOSALS,  TO ENSURE CONSISTENCY WITH CHANGES IN FEDERAL AND STATE
 LAWS, REGULATIONS OR POLICIES, INCLUDING BUT NOT LIMITED TO  THE  EXPAN-
 SION  OR  REDUCTION  OF MEDICAL ASSISTANCE SERVICES AVAILABLE TO PARTIC-
 IPANTS THROUGH A MANAGED LONG TERM CARE PLAN.
   (D) NOTHING IN THIS PARAGRAPH OR OTHER PROVISION OF THIS SECTION SHALL
 BE CONSTRUED TO LIMIT IN ANY WAY THE ABILITY OF THE DEPARTMENT TO TERMI-
 NATE AWARDED CONTRACTS FOR CAUSE, WHICH SHALL INCLUDE BUT NOT BE LIMITED
 TO ANY VIOLATION OF THE TERMS OF SUCH CONTRACTS OR VIOLATIONS  OF  STATE
 OR  FEDERAL  LAWS  AND  REGULATIONS  AND  ANY LOSS OF NECESSARY STATE OR
 FEDERAL FUNDING.
   (E) NOTWITHSTANDING  SECTIONS  ONE  HUNDRED  TWELVE  AND  ONE  HUNDRED
 SIXTY-THREE OF THE STATE FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND
 ONE  HUNDRED  FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, AND ANY OTHER
 INCONSISTENT PROVISION OF LAW, THE DEPARTMENT MAY,  IN  ACCORDANCE  WITH
 THE  PROVISIONS  OF THIS PARAGRAPH, ISSUE NEW REQUESTS FOR PROPOSALS AND
 AWARD NEW CONTRACTS FOR TERMS FOLLOWING AN EXISTING TERM OF  A  CONTRACT
 ENTERED INTO UNDER THIS PARAGRAPH.
   (B)  (I)  WITHIN  SIXTY DAYS OF THE DEPARTMENT ISSUING THE REQUEST FOR
 PROPOSALS UNDER PARAGRAPH (A) OF THIS SUBDIVISION, A MANAGED  LONG  TERM
 CARE  PLAN  THAT  WAS  APPROVED  TO  PROVIDE  HEALTH  AND LONG TERM CARE
 SERVICES TO ENROLLEES WHO ARE ELIGIBLE UNDER TITLE XIX  OF  THE  FEDERAL
 SOCIAL  SECURITY ACT PRIOR TO THE ISSUANCE OF THE REQUEST FOR PROPOSALS,
 SHALL SUBMIT ITS INTENTION TO COMPLETE SUCH PROPOSAL TO THE DEPARTMENT.
   (II) A MANAGED LONG TERM CARE PLAN  THAT:  (A)  FAILS  TO  SUBMIT  ITS
 INTENT  TIMELY,  (B)  INDICATES  WITHIN THE SIXTY DAYS ITS INTENT NOT TO
 COMPLETE SUCH A PROPOSAL, (C) FAILS TO  SUBMIT  A  PROPOSAL  WITHIN  THE
 FURTHER  TIMEFRAME  SPECIFIED  BY  THE  COMMISSIONER  IN THE REQUEST FOR
 PROPOSALS, OR (D) IS NOT AWARDED THE ABILITY TO PROVIDE HEALTH AND  LONG
 TERM  CARE SERVICES TO ENROLLEES WHO ARE ELIGIBLE UNDER TITLE XIX OF THE
 FEDERAL SOCIAL SECURITY ACT UNDER PARAGRAPH  (A)  OF  THIS  SUBDIVISION,
 SHALL,  UPON DIRECTION FROM THE COMMISSIONER, TERMINATE ITS SERVICES AND
 OPERATIONS IN ACCORDANCE WITH THE CONTRACT BETWEEN THE MANAGED LONG TERM
 CARE PLAN AND THE DEPARTMENT AND SHALL BE ADDITIONALLY REQUIRED TO MAIN-
 TAIN COVERAGE OF ENROLLEES FOR SUCH PERIOD OF TIME AS DETERMINED  NECES-
 S. 8007                            84                            A. 9007

 SARY  BY  THE  COMMISSIONER  TO ACHIEVE THE SAFE AND ORDERLY TRANSFER OF
 ENROLLEES.
   (C)  ADDRESSING  NEEDS  FOR ADDITIONAL MANAGED LONG TERM CARE PLANS TO
 ENSURE ACCESS AND CHOICE FOR ENROLLEES ELIGIBLE UNDER TITLE XIX  OF  THE
 FEDERAL SOCIAL SECURITY ACT. IF NECESSARY TO ENSURE ACCESS TO SUFFICIENT
 NUMBER  OF  MANAGED LONG TERM CARE PLANS ON A GEOGRAPHIC OR OTHER BASIS,
 INCLUDING A LACK OF ADEQUATE AND APPROPRIATE CARE, LANGUAGE AND CULTURAL
 COMPETENCE, OR SPECIAL NEEDS SERVICES, THE COMMISSIONER  MAY  REISSUE  A
 REQUEST FOR PROPOSALS AS PROVIDED FOR UNDER PARAGRAPH (A) OF THIS SUBDI-
 VISION,  PROVIDED  HOWEVER  THAT  SUCH  REQUEST  MAY  BE  LIMITED TO THE
 GEOGRAPHIC OR OTHER BASIS OF NEED THAT THE REQUEST FOR  PROPOSALS  SEEKS
 TO ADDRESS. ANY AWARDS MADE SHALL BE SUBJECT TO THE REQUIREMENTS OF THIS
 SECTION,  INCLUDING BUT NOT LIMITED TO THE MINIMUM AND MAXIMUM NUMBER OF
 AWARDS IN A REGION.
   (d) (i) Effective April  first,  two  thousand  twenty,  and  expiring
 [March  thirty-first,  two thousand twenty-two]  ON THE DATE THE COMMIS-
 SIONER PUBLISHES ON ITS WEBSITE A REQUEST FOR  PROPOSALS  IN  ACCORDANCE
 WITH  SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF THE SUBDIVISION, the commis-
 sioner shall place a moratorium on the processing and approval of appli-
 cations seeking a certificate of authority as a managed long  term  care
 plan  pursuant  to this section, including applications seeking authori-
 zation to expand an existing managed  long  term  care  plan's  approved
 service  area or scope of eligible enrollee populations. Such moratorium
 shall not apply to:
   (A) applications submitted to the department prior to  January  first,
 two thousand twenty;
   (B)  applications seeking approval to transfer ownership or control of
 an existing managed long term care plan;
   (C) applications demonstrating to the commissioner's satisfaction that
 submission of the application for consideration would be appropriate  to
 address a serious concern with care delivery, such as a lack of adequate
 access to managed long term care plans in a geographic area or a lack of
 adequate  and  appropriate  care,  language  and cultural competence, or
 special needs services; and
   (D) applications seeking to operate under the PACE (Program of All-In-
 clusive Care for the Elderly) model as authorized by federal public  law
 105-33, subtitle I of title IV of the Balanced Budget Act of 1997, or to
 serve individuals dually eligible for services and benefits under titles
 XVIII  and XIX of the federal social security act in conjunction with an
 affiliated Medicare Dual Eligible Special Needs Plan, based on the  need
 for such plans and the experience of applicants in serving dually eligi-
 ble individuals as determined by the commissioner in their discretion.
   (ii) For the duration of the moratorium, the commissioner shall assess
 the public need for managed long term care plans that are not integrated
 with  an  affiliated Medicare plan, the ability of such plans to provide
 high quality and cost effective care for their membership, and based  on
 such  assessment  develop a process and conduct an orderly wind-down and
 elimination of such plans, which shall coincide with the  expiration  of
 the  moratorium  unless  the commissioner determines that a longer wind-
 down period is needed.
   (e) [For the duration of the moratorium under paragraph  (d)  of  this
 subdivision]  FROM APRIL FIRST, TWO THOUSAND TWENTY, UNTIL MARCH THIRTY-
 FIRST, TWO THOUSAND TWENTY-TWO, the commissioner  shall  establish,  and
 enforce  by means of a premium withholding equal to three percent of the
 base rate, an annual cap on total enrollment (enrollment cap)  for  each
 managed  long term care plan, subject to subparagraphs (ii) and (iii) of
 S. 8007                            85                            A. 9007
 
 this paragraph, based on a percentage of each plan's reported enrollment
 as of October first, two thousand twenty.
   (i)  The  specific  percentage  of each plan's enrollment cap shall be
 established by the commissioner based on: (A) the ability of individuals
 eligible for such plans to access health and long  term  care  services,
 (B)  plan quality of care scores, (C) historical plan disenrollment, (D)
 the projected growth of individuals eligible for such plans in different
 regions of the state, (E) historical plan enrollment  of  patients  with
 varying  levels of need and acuity, and (F) other factors in the commis-
 sioner's discretion to  ensure  compliance  with  federal  requirements,
 appropriate access to plan services, and choice by eligible individuals.
   (ii)  In  the event that a plan exceeds its annual enrollment cap, the
 commissioner is authorized under this  paragraph  to  retain  all  or  a
 portion  of  the  premium withheld based on the amount over which a plan
 exceeds its enrollment cap. Penalties assessed pursuant to this subdivi-
 sion shall be determined by regulation.
   (iii) The commissioner may  not  establish  an  annual  cap  on  total
 enrollment  under  this paragraph for plans' lines of business operating
 under the PACE (Program of All-Inclusive Care for the Elderly) model  as
 authorized  by  federal public law 105-33, subtitle I of title IV of the
 Balanced Budget Act of 1997, or that serve individuals  dually  eligible
 for  services  and  benefits  under  titles XVIII and XIX of the federal
 social security act in conjunction  with  an  affiliated  Medicare  Dual
 Eligible Special Needs Plan.
   [(f)  In implementing the provisions of paragraphs (d) and (e) of this
 subdivision, the commissioner shall, to the extent practicable, consider
 and select methodologies that seek to maximize continuity  of  care  and
 minimize  disruption  to the provider labor workforce, and shall, to the
 extent practicable and consistent with  the  ratios  set  forth  herein,
 continue  to  support contracts between managed long term care plans and
 licensed home care services agencies that are based on a  commitment  to
 quality and value.]
   §  7.  Subparagraphs (v) and (vi) of paragraph (b) of subdivision 1 of
 section 268-d of the public health law, as added by section 2 of part  T
 of chapter 57 of the laws of 2019, are amended to read as follows:
   (v)  meets  standards  specified  and  determined  by the Marketplace,
 provided that the standards do not conflict with or prevent the applica-
 tion of federal requirements; [and]
   (vi) CONTRACTS WITH ANY NATIONAL  CANCER  INSTITUTE-DESIGNATED  CANCER
 CENTER  LICENSED BY THE DEPARTMENT WITHIN THE HEALTH PLAN'S SERVICE AREA
 THAT IS WILLING TO AGREE TO PROVIDE CANCER-RELATED INPATIENT, OUTPATIENT
 AND MEDICAL SERVICES TO ENROLLEES IN ALL HEALTH PLANS OFFERING  COVERAGE
 THROUGH  THE  MARKETPLACE IN SUCH CANCER CENTER'S SERVICE AREA UNDER THE
 PREVAILING TERMS AND CONDITIONS THAT THE PLAN REQUIRES OF OTHER  SIMILAR
 PROVIDERS  TO  BE INCLUDED IN THE PLAN'S PROVIDER NETWORK, PROVIDED THAT
 SUCH TERMS SHALL INCLUDE REIMBURSEMENT OF SUCH CENTER AT  NO  LESS  THAN
 THE  FEE-FOR-SERVICE MEDICAID PAYMENT RATE AND METHODOLOGY APPLICABLE TO
 THE CENTER'S INPATIENT AND OUTPATIENT SERVICES; AND
   (VII) complies with the insurance law and  this  chapter  requirements
 applicable  to health insurance issued in this state and any regulations
 promulgated pursuant thereto that do not conflict with  or  prevent  the
 application of federal requirements; and
   §  8.  Subdivision  4  of  section 364-j of the social services law is
 amended by adding a new paragraph (w) to read as follows:
   (W) A MANAGED CARE PROVIDER SHALL  PROVIDE  OR  ARRANGE,  DIRECTLY  OR
 INDIRECTLY,  INCLUDING  BY  REFERRAL,  FOR  ACCESS  TO  AND  COVERAGE OF
 S. 8007                            86                            A. 9007
 
 SERVICES PROVIDED BY ANY  NATIONAL  CANCER  INSTITUTE-DESIGNATED  CANCER
 CENTER  LICENSED  BY  THE  DEPARTMENT  OF HEALTH WITHIN THE MANAGED CARE
 PROVIDER'S SERVICE AREA THAT IS WILLING TO AGREE TO  PROVIDE  CANCER-RE-
 LATED  INPATIENT, OUTPATIENT AND MEDICAL SERVICES TO PARTICIPANTS IN ALL
 MANAGED CARE PROVIDERS OFFERING COVERAGE TO MEDICAL  ASSISTANCE  RECIPI-
 ENTS IN SUCH CANCER CENTER'S SERVICE AREA UNDER THE PREVAILING TERMS AND
 CONDITIONS  THAT  THE  MANAGED  CARE  PROVIDER REQUIRES OF OTHER SIMILAR
 PROVIDERS TO  BE  INCLUDED  IN  THE  MANAGED  CARE  PROVIDER'S  NETWORK,
 PROVIDED  THAT  SUCH TERMS SHALL INCLUDE REIMBURSEMENT OF SUCH CENTER AT
 NO LESS THAN THE FEE-FOR-SERVICE MEDICAID PAYMENT RATE  AND  METHODOLOGY
 APPLICABLE TO THE CENTER'S INPATIENT AND OUTPATIENT SERVICES.
   §  9.  Paragraph  (c) of subdivision 1 of section 369-gg of the social
 services law, as amended by section 2 of part H of  chapter  57  of  the
 laws of 2021, is amended to read as follows:
   (c)  "Health  care  services"  means  (i) the services and supplies as
 defined by the commissioner in consultation with the  superintendent  of
 financial  services,  and  shall  be  consistent with and subject to the
 essential health benefits as defined by the commissioner  in  accordance
 with  the  provisions  of the patient protection and affordable care act
 (P.L. 111-148) and consistent with the benefits provided by  the  refer-
 ence plan selected by the commissioner for the purposes of defining such
 benefits,  AND  SHALL  INCLUDE COVERAGE OF AND ACCESS TO THE SERVICES OF
 ANY NATIONAL CANCER INSTITUTE-DESIGNATED CANCER CENTER LICENSED  BY  THE
 DEPARTMENT  OF  HEALTH WITHIN THE SERVICE AREA OF THE APPROVED ORGANIZA-
 TION THAT IS WILLING  TO  AGREE  TO  PROVIDE  CANCER-RELATED  INPATIENT,
 OUTPATIENT  AND  MEDICAL SERVICES TO ALL ENROLLEES IN APPROVED ORGANIZA-
 TIONS' PLANS IN SUCH CANCER CENTER'S SERVICE AREA UNDER  THE  PREVAILING
 TERMS  AND  CONDITIONS  THAT THE APPROVED ORGANIZATION REQUIRES OF OTHER
 SIMILAR PROVIDERS TO BE INCLUDED IN THE APPROVED ORGANIZATION'S NETWORK,
 PROVIDED THAT SUCH TERMS SHALL INCLUDE REIMBURSEMENT OF SUCH  CENTER  AT
 NO  LESS  THAN THE FEE-FOR-SERVICE MEDICAID PAYMENT RATE AND METHODOLOGY
 APPLICABLE TO BASIC HEALTH  PROGRAM  PLAN  PAYMENTS  FOR  INPATIENT  AND
 OUTPATIENT  SERVICES;  and (ii) dental and vision services as defined by
 the commissioner;
   § 10. Severability. If any clause,  sentence,  paragraph,  section  or
 part  of  this act shall be adjudged by any court of competent jurisdic-
 tion to be invalid and after exhaustion of all further judicial  review,
 the judgment shall not affect, impair or invalidate the remainder there-
 of,  but  shall  be  confined  in its operation to the clause, sentence,
 paragraph, section or part of this act directly involved in the  contro-
 versy in which the judgment shall have been rendered.
   §  11.  Sections  one, two, three, four, five, six and ten of this act
 shall take effect immediately; sections seven, eight and nine shall take
 effect on the first of January next succeeding  the  date  on  which  it
 shall  have  become  a  law  and shall apply to all coverage or policies
 issued or renewed on or after such effective date and shall  expire  and
 be  deemed  repealed five years after such date; provided, however, that
 the amendments to section 364-j of  the  social  services  law  made  by
 sections  one,  two  and  eight  of  this act, the amendments to section
 4403-f of the public health law made by sections four, five and  six  of
 this act and the amendments to paragraph (c) of subdivision 1 of section
 369-gg of the social services law made by section nine of this act shall
 not  affect  the  repeal of such sections or such paragraph and shall be
 deemed repealed therewith; provided, further, that this act shall not be
 construed to prohibit managed  care  providers    participating  in  the
 managed  care  program  and  managed  long  term  care plans approved to
 S. 8007                            87                            A. 9007
 
 provide health and long term care services to enrollees who are eligible
 under title XIX of the federal social security act, that were so author-
 ized as of the date this act becomes effective,  from  continuing  oper-
 ations  as  authorized  until such time as awards are made in accordance
 with this act and  such additional time subject to  direction  from  the
 commissioner  of  health  to  ensure  the  safe  and orderly transfer of
 participants.
 
                                  PART Q
 
   Section 1. Section 268-c of the public health law is amended by adding
 a new subdivision 25 to read as follows:
   25. THE COMMISSIONER IS AUTHORIZED TO SUBMIT  THE  APPROPRIATE  WAIVER
 APPLICATIONS TO THE UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES
 AND/OR THE DEPARTMENT OF THE TREASURY TO WAIVE ANY APPLICABLE PROVISIONS
 OF  THE  PATIENT  PROTECTION AND AFFORDABLE CARE ACT, PUB. L. 111-148 AS
 AMENDED, OR SUCCESSOR PROVISIONS, AS PROVIDED FOR BY  42  U.S.C.  18052,
 AND ANY OTHER WAIVERS NECESSARY TO ACHIEVE THE PURPOSES OF HIGH QUALITY,
 AFFORDABLE COVERAGE THROUGH NY STATE OF HEALTH, THE OFFICIAL HEALTH PLAN
 MARKETPLACE.  THE  COMMISSIONER  SHALL  IMPLEMENT THE STATE PLANS OF ANY
 SUCH WAIVER IN A MANNER CONSISTENT WITH  APPLICABLE  STATE  AND  FEDERAL
 LAWS, AS AUTHORIZED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES AND/OR
 THE  SECRETARY  OF  THE  TREASURY PURSUANT TO 42 U.S.C. 18052. COPIES OF
 SUCH ORIGINAL  WAIVER  APPLICATIONS  AND  AMENDMENTS  THERETO  SHALL  BE
 PROVIDED  TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE
 ASSEMBLY WAYS AND MEANS COMMITTEE AND  THE  CHAIRS  OF  THE  SENATE  AND
 ASSEMBLY  HEALTH  COMMITTEES SIMULTANEOUSLY WITH THEIR SUBMISSION TO THE
 FEDERAL GOVERNMENT.
   § 2. Paragraph (d) of subdivision 3 of section 369-gg  of  the  social
 services  law,  as  amended  by section 2 of part H of chapter 57 of the
 laws of 2021, is amended to read as follows:
   (d) (i) EXCEPT AS PROVIDED BY SUBPARAGRAPH (II) OF THIS PARAGRAPH, has
 household income at or below two hundred percent of the federal  poverty
 line  defined  and  annually  revised by the United States department of
 health and human services for a household of the same size;  and  [(ii)]
 has  household  income  that exceeds one hundred thirty-three percent of
 the federal poverty line defined and  annually  revised  by  the  United
 States  department  of  health and human services for a household of the
 same size; however, MAGI eligible aliens lawfully present in the  United
 States  with  household  incomes  at  or  below one hundred thirty-three
 percent of the federal poverty line shall be eligible to receive  cover-
 age for health care services pursuant to the provisions of this title if
 such alien would be ineligible for medical assistance under title eleven
 of this article due to [his or her] THEIR immigration status[.];
   (II)  SUBJECT  TO  FEDERAL APPROVAL AND THE USE OF STATE FUNDS, UNLESS
 THE COMMISSIONER MAY USE FUNDS UNDER SUBDIVISION SEVEN OF THIS  SECTION,
 HAS HOUSEHOLD INCOME AT OR BELOW TWO HUNDRED FIFTY PERCENT OF THE FEDER-
 AL  POVERTY  LINE  DEFINED  AND  ANNUALLY  REVISED  BY THE UNITED STATES
 DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR  A  HOUSEHOLD  OF  THE  SAME
 SIZE;  AND  HAS  HOUSEHOLD  INCOME THAT EXCEEDS ONE HUNDRED THIRTY-THREE
 PERCENT OF THE FEDERAL POVERTY LINE DEFINED AND ANNUALLY REVISED BY  THE
 UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A HOUSEHOLD OF
 THE  SAME  SIZE;  HOWEVER,  MAGI ELIGIBLE ALIENS LAWFULLY PRESENT IN THE
 UNITED STATES WITH HOUSEHOLD INCOMES AT OR  BELOW  ONE  HUNDRED  THIRTY-
 THREE  PERCENT  OF THE FEDERAL POVERTY LINE SHALL BE ELIGIBLE TO RECEIVE
 COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO  THE  PROVISIONS  OF  THIS
 S. 8007                            88                            A. 9007
 
 TITLE  IF  SUCH  ALIEN  WOULD BE INELIGIBLE FOR MEDICAL ASSISTANCE UNDER
 TITLE ELEVEN OF THIS ARTICLE DUE TO THEIR IMMIGRATION STATUS;
   (III)  SUBJECT  TO  FEDERAL  APPROVAL IF REQUIRED AND THE USE OF STATE
 FUNDS, UNLESS THE COMMISSIONER MAY USE FUNDS UNDER SUBDIVISION SEVEN  OF
 THIS  SECTION, A PREGNANT INDIVIDUAL WHO IS ELIGIBLE TO RECEIVE COVERAGE
 FOR HEALTH CARE SERVICES PURSUANT TO SUBPARAGRAPH (I) OR  (II)  OF  THIS
 PARAGRAPH  IS  ELIGIBLE  TO RECEIVE AND/OR TO CONTINUE TO RECEIVE HEALTH
 CARE SERVICES PURSUANT TO THIS TITLE DURING  THE  PREGNANCY  AND  FOR  A
 PERIOD  OF ONE YEAR FOLLOWING THE END OF THE PREGNANCY WITHOUT REGARD TO
 ANY CHANGE IN THE INCOME OF THE HOUSEHOLD  THAT  INCLUDES  THE  PREGNANT
 INDIVIDUAL,  EVEN  IF  SUCH  CHANGE WOULD RENDER THE PREGNANT INDIVIDUAL
 INELIGIBLE TO RECEIVE HEALTH CARE SERVICES PURSUANT TO THIS TITLE; OR
   (IV) SUBJECT TO FEDERAL APPROVAL, A CHILD BORN TO AN INDIVIDUAL ELIGI-
 BLE FOR AND RECEIVING COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THIS
 TITLE SHALL BE DEEMED TO HAVE APPLIED FOR MEDICAL ASSISTANCE AND TO HAVE
 BEEN FOUND ELIGIBLE FOR SUCH ASSISTANCE ON THE DATE OF SUCH BIRTH AND TO
 REMAIN ELIGIBLE FOR SUCH ASSISTANCE FOR A PERIOD OF ONE YEAR.
   An applicant who fails to make an applicable premium payment, if  any,
 shall  lose  eligibility to receive coverage for health care services in
 accordance with time frames and procedures determined by the commission-
 er.
   § 3. Paragraph (d) of subdivision 3 of section 369-gg  of  the  social
 services law, as added by section 51 of part C of chapter 60 of the laws
 of  2014, is amended to read as follows:
   (d) (i) EXCEPT AS PROVIDED BY SUBPARAGRAPH (II) OF THIS PARAGRAPH, has
 household  income at or below two hundred percent of the federal poverty
 line defined and annually revised by the  United  States  department  of
 health  and  human services for a household of the same size; and [(ii)]
 has household income that exceeds one hundred  thirty-three  percent  of
 the  federal  poverty  line  defined  and annually revised by the United
 States department of health and human services for a  household  of  the
 same  size; however, MAGI eligible aliens lawfully present in the United
 States with household incomes  at  or  below  one  hundred  thirty-three
 percent  of the federal poverty line shall be eligible to receive cover-
 age for health care services pursuant to the provisions of this title if
 such alien would be ineligible for medical assistance under title eleven
 of this article due to [his or her] THEIR immigration status[.];
   (II) SUBJECT TO FEDERAL APPROVAL AND THE USE OF  STATE  FUNDS,  UNLESS
 THE  COMMISSIONER MAY USE FUNDS UNDER SUBDIVISION SEVEN OF THIS SECTION,
 HAS HOUSEHOLD INCOME AT OR BELOW TWO HUNDRED FIFTY PERCENT OF THE FEDER-
 AL POVERTY LINE DEFINED  AND  ANNUALLY  REVISED  BY  THE  UNITED  STATES
 DEPARTMENT  OF  HEALTH  AND  HUMAN  SERVICES FOR A HOUSEHOLD OF THE SAME
 SIZE; AND HAS HOUSEHOLD INCOME THAT  EXCEEDS  ONE  HUNDRED  THIRTY-THREE
 PERCENT  OF THE FEDERAL POVERTY LINE DEFINED AND ANNUALLY REVISED BY THE
 UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A HOUSEHOLD OF
 THE SAME SIZE; HOWEVER, MAGI ELIGIBLE ALIENS  LAWFULLY  PRESENT  IN  THE
 UNITED  STATES  WITH  HOUSEHOLD  INCOMES AT OR BELOW ONE HUNDRED THIRTY-
 THREE PERCENT OF THE FEDERAL POVERTY LINE SHALL BE ELIGIBLE  TO  RECEIVE
 COVERAGE  FOR  HEALTH  CARE  SERVICES PURSUANT TO THE PROVISIONS OF THIS
 TITLE IF SUCH ALIEN WOULD BE INELIGIBLE  FOR  MEDICAL  ASSISTANCE  UNDER
 TITLE ELEVEN OF THIS ARTICLE DUE TO THEIR IMMIGRATION STATUS;
   (III)  SUBJECT  TO  FEDERAL  APPROVAL IF REQUIRED AND THE USE OF STATE
 FUNDS, UNLESS THE COMMISSIONER MAY USE FUNDS UNDER SUBDIVISION SEVEN  OF
 THIS  SECTION, A PREGNANT INDIVIDUAL WHO IS ELIGIBLE TO RECEIVE COVERAGE
 FOR HEALTH CARE SERVICES PURSUANT TO SUBPARAGRAPH (I) OR  (II)  OF  THIS
 PARAGRAPH  IS  ELIGIBLE  TO RECEIVE AND/OR TO CONTINUE TO RECEIVE HEALTH
 S. 8007                            89                            A. 9007
 
 CARE SERVICES PURSUANT TO THIS TITLE DURING  THE  PREGNANCY  AND  FOR  A
 PERIOD  OF ONE YEAR FOLLOWING THE END OF THE PREGNANCY WITHOUT REGARD TO
 ANY CHANGE IN THE INCOME OF THE HOUSEHOLD  THAT  INCLUDES  THE  PREGNANT
 INDIVIDUAL,  EVEN  IF  SUCH  CHANGE WOULD RENDER THE PREGNANT INDIVIDUAL
 INELIGIBLE TO RECEIVE HEALTH CARE SERVICES PURSUANT TO THIS TITLE; OR
   (IV) SUBJECT TO FEDERAL APPROVAL, A CHILD BORN TO AN INDIVIDUAL ELIGI-
 BLE FOR AND RECEIVING COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THIS
 TITLE SHALL BE DEEMED TO HAVE APPLIED FOR MEDICAL ASSISTANCE AND TO HAVE
 BEEN FOUND ELIGIBLE FOR SUCH ASSISTANCE ON THE DATE OF SUCH BIRTH AND TO
 REMAIN ELIGIBLE FOR SUCH ASSISTANCE FOR A PERIOD OF ONE YEAR.
   An applicant who fails to make an  applicable  premium  payment  shall
 lose eligibility to receive coverage for health care services in accord-
 ance with time frames and procedures determined by the commissioner.
   §  4.  Paragraph  (c) of subdivision 1 of section 369-gg of the social
 services law, as amended by section 2 of part H of  chapter  57  of  the
 laws of 2021, is amended to read as follows:
   (c)  "Health  care  services"  means  (i) the services and supplies as
 defined by the commissioner in consultation with the  superintendent  of
 financial  services,  and  shall  be  consistent with and subject to the
 essential health benefits as defined by the commissioner  in  accordance
 with  the  provisions  of the patient protection and affordable care act
 (P.L. 111-148) and consistent with the benefits provided by  the  refer-
 ence plan selected by the commissioner for the purposes of defining such
 benefits,  [and]  (ii)  dental  and  vision  services  as defined by the
 commissioner, AND (III) AS DEFINED BY THE COMMISSIONER  AND  SUBJECT  TO
 FEDERAL  APPROVAL,  CERTAIN  SERVICES AND SUPPORTS PROVIDED TO ENROLLEES
 ELIGIBLE PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH  (G)  OF  SUBDIVISION
 ONE  OF  SECTION  THREE HUNDRED SIXTY-SIX OF THIS ARTICLE WHO HAVE FUNC-
 TIONAL LIMITATIONS  AND/OR  CHRONIC  ILLNESSES  THAT  HAVE  THE  PRIMARY
 PURPOSE OF SUPPORTING THE ABILITY OF THE ENROLLEE TO LIVE OR WORK IN THE
 SETTING  OF  THEIR  CHOICE,  WHICH  MAY INCLUDE THE INDIVIDUAL'S HOME, A
 WORKSITE, OR A PROVIDER-OWNED OR CONTROLLED RESIDENTIAL SETTING;
   § 5. Paragraph (c) of subdivision 1 of section 369-gg  of  the  social
 services law, as added by section 51 of part C of chapter 60 of the laws
 of 2014, is amended to read as follows:
   (c)  "Health  care  services"  means  (I) the services and supplies as
 defined by the commissioner in consultation with the  superintendent  of
 financial  services,  and  shall  be  consistent with and subject to the
 essential health benefits as defined by the commissioner  in  accordance
 with  the  provisions  of the patient protection and affordable care act
 (P.L.  111-148) and consistent with the benefits provided by the  refer-
 ence plan selected by the commissioner for the purposes of defining such
 benefits, AND (II) AS DEFINED BY THE COMMISSIONER AND SUBJECT TO FEDERAL
 APPROVAL,  CERTAIN  SERVICES AND SUPPORTS PROVIDED TO ENROLLEES ELIGIBLE
 PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH  (G)  OF  SUBDIVISION  ONE  OF
 SECTION  THREE  HUNDRED  SIXTY-SIX  OF  THIS ARTICLE WHO HAVE FUNCTIONAL
 LIMITATIONS AND/OR CHRONIC ILLNESSES THAT HAVE THE  PRIMARY  PURPOSE  OF
 SUPPORTING THE ABILITY OF THE ENROLLEE TO LIVE OR WORK IN THE SETTING OF
 THEIR  CHOICE, WHICH MAY INCLUDE THE INDIVIDUAL'S HOME, A WORKSITE, OR A
 PROVIDER-OWNED OR CONTROLLED RESIDENTIAL SETTING;
   § 6. Paragraph (c) of subdivision 1 of section 369-gg  of  the  social
 services  law,  as  amended  by section 2 of part H of chapter 57 of the
 laws of 2021, is amended to read as follows:
   (c) "Health care services" means (i)  the  services  and  supplies  as
 defined  by  the commissioner in consultation with the superintendent of
 financial services, and shall be consistent  with  and  subject  to  the
 S. 8007                            90                            A. 9007
 
 essential  health  benefits as defined by the commissioner in accordance
 with the provisions of the patient protection and  affordable  care  act
 (P.L.  111-148)  and consistent with the benefits provided by the refer-
 ence plan selected by the commissioner for the purposes of defining such
 benefits,  [and]  (ii)  dental  and  vision  services  as defined by the
 commissioner, AND (III) AS DEFINED BY THE COMMISSIONER  AND  SUBJECT  TO
 FEDERAL  APPROVAL,  CERTAIN  SERVICES AND SUPPORTS PROVIDED TO ENROLLEES
 WHO HAVE FUNCTIONAL LIMITATIONS AND/OR CHRONIC ILLNESSES THAT  HAVE  THE
 PRIMARY  PURPOSE  OF  SUPPORTING  THE ABILITY OF THE ENROLLEE TO LIVE OR
 WORK IN THE SETTING OF THEIR CHOICE, WHICH MAY INCLUDE THE  INDIVIDUAL'S
 HOME, A WORKSITE, OR A PROVIDER-OWNED OR CONTROLLED RESIDENTIAL SETTING;
   §  7.  Paragraph  (c) of subdivision 1 of section 369-gg of the social
 services law, as added by section 51 of part C of chapter 60 of the laws
 of 2014, is amended to read as follows:
   (c) "Health care services" means (I)  the  services  and  supplies  as
 defined  by  the commissioner in consultation with the superintendent of
 financial services, and shall be consistent  with  and  subject  to  the
 essential  health  benefits as defined by the commissioner in accordance
 with the provisions of the patient protection and  affordable  care  act
 (P.L.   111-148) and consistent with the benefits provided by the refer-
 ence plan selected by the commissioner for the purposes of defining such
 benefits, AND (II) AS DEFINED BY THE COMMISSIONER AND SUBJECT TO FEDERAL
 APPROVAL, CERTAIN SERVICES AND SUPPORTS PROVIDED TO ENROLLEES  WHO  HAVE
 FUNCTIONAL  LIMITATIONS  AND/OR  CHRONIC ILLNESSES THAT HAVE THE PRIMARY
 PURPOSE OF SUPPORTING THE ABILITY OF THE ENROLLEE TO LIVE OR WORK IN THE
 SETTING OF THEIR CHOICE, WHICH MAY  INCLUDE  THE  INDIVIDUAL'S  HOME,  A
 WORKSITE, OR A PROVIDER-OWNED OR CONTROLLED RESIDENTIAL SETTING;
   §  8.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022,  provided
 however:
   (a) the amendments to paragraph (d) of subdivision 3 of section 369-gg
 of  the  social  services  law  made by section two of this act shall be
 subject to the expiration and reversion of such  paragraph  pursuant  to
 section  3  of part H of chapter 57 of the laws of 2021 as amended, when
 upon such date the provisions of section three of this  act  shall  take
 effect;
   (b)  section  four  of  this act shall take effect January 1, 2023 and
 shall expire and be deemed repealed December 31, 2024; provided,  howev-
 er,  the  amendments to paragraph (c) of subdivision 1 of section 369-gg
 of the social services law made by such section of  this  act  shall  be
 subject  to  the  expiration and reversion of such paragraph pursuant to
 section 2 of part H of chapter 57 of the laws of  2021  when  upon  such
 date,  the  provisions  of  section  five of this act shall take effect;
 provided, however, the amendments to such paragraph made by section five
 of this act shall expire and be deemed repealed December 31, 2024; and
   (c) section six of  this  act  shall  take  effect  January  1,  2025;
 provided,  however,  the amendments to paragraph (c) of subdivision 1 of
 section 369-gg of the social services law made by such section  of  this
 act  shall  be subject to the expiration and reversion of such paragraph
 pursuant to section 2 of part H of chapter 57 of the laws of  2021  when
 upon  such  date, the provisions of section seven of this act shall take
 effect.
 
                                  PART R
 S. 8007                            91                            A. 9007
 
   Section 1. Subsection (i) of section 3216  of  the  insurance  law  is
 amended by adding a new paragraph 36 to read as follows:
   (36)  EVERY  POLICY  THAT  PROVIDES  MEDICAL, MAJOR MEDICAL OR SIMILAR
 COMPREHENSIVE TYPE COVERAGE DELIVERED OR ISSUED  FOR  DELIVERY  IN  THIS
 STATE SHALL PROVIDE COVERAGE FOR ABORTIONS. COVERAGE FOR ABORTIONS SHALL
 NOT  BE  SUBJECT  TO  COPAYMENTS, OR COINSURANCE, OR ANNUAL DEDUCTIBLES,
 UNLESS THE POLICY IS A HIGH DEDUCTIBLE HEALTH PLAN,  AS  DEFINED  IN  26
 U.S.C.  § 223(C)(2), IN WHICH CASE COVERAGE FOR ABORTIONS MAY BE SUBJECT
 TO THE PLAN'S ANNUAL DEDUCTIBLE.
   § 2. Subsection (k) of section 3221 of the insurance law is amended by
 adding a new paragraph 22 to read as follows:
   (22) (A) EXCEPT AS PROVIDED IN SUBPARAGRAPH  (B)  OF  THIS  PARAGRAPH,
 EVERY  GROUP  OR BLANKET POLICY THAT PROVIDES MEDICAL, MAJOR MEDICAL, OR
 SIMILAR COMPREHENSIVE TYPE COVERAGE DELIVERED OR ISSUED FOR DELIVERY  IN
 THIS  STATE SHALL PROVIDE COVERAGE FOR ABORTIONS. COVERAGE FOR ABORTIONS
 SHALL NOT BE SUBJECT TO COPAYMENTS, OR COINSURANCE,  OR  ANNUAL  DEDUCT-
 IBLES, UNLESS THE POLICY IS A HIGH DEDUCTIBLE HEALTH PLAN, AS DEFINED IN
 26  U.S.C.  §  223(C)(2),  IN  WHICH  CASE COVERAGE FOR ABORTIONS MAY BE
 SUBJECT TO THE PLAN'S ANNUAL DEDUCTIBLE.
   (B) A GROUP OR BLANKET POLICY THAT PROVIDES MEDICAL, MAJOR MEDICAL, OR
 SIMILAR COMPREHENSIVE TYPE COVERAGE TO A RELIGIOUS EMPLOYER MAY  EXCLUDE
 COVERAGE FOR ABORTIONS ONLY IF THE INSURER:
   (I)  OBTAINS AN ANNUAL CERTIFICATION FROM THE GROUP OR BLANKET POLICY-
 HOLDER THAT THE POLICYHOLDER IS A RELIGIOUS EMPLOYER AND THAT THE  RELI-
 GIOUS EMPLOYER REQUESTS A POLICY WITHOUT COVERAGE FOR ABORTIONS;
   (II)  ISSUES  A  RIDER  TO EACH CERTIFICATE HOLDER AT NO PREMIUM TO BE
 CHARGED TO THE CERTIFICATE HOLDER OR RELIGIOUS EMPLOYER FOR  THE  RIDER,
 THAT  PROVIDES COVERAGE FOR ABORTIONS SUBJECT TO THE SAME RULES AS WOULD
 HAVE BEEN APPLIED TO THE SAME CATEGORY OF TREATMENT IN THE POLICY ISSUED
 TO THE RELIGIOUS EMPLOYER. THE RIDER  SHALL  CLEARLY  AND  CONSPICUOUSLY
 SPECIFY  THAT  THE RELIGIOUS EMPLOYER DOES NOT ADMINISTER ABORTION BENE-
 FITS, BUT THAT THE INSURER IS ISSUING A RIDER FOR COVERAGE OF ABORTIONS,
 AND SHALL PROVIDE THE INSURER'S CONTACT INFORMATION FOR QUESTIONS; AND
   (III) PROVIDES NOTICE OF THE ISSUANCE OF THE POLICY AND RIDER  TO  THE
 SUPERINTENDENT IN A FORM AND MANNER ACCEPTABLE TO THE SUPERINTENDENT.
   (C)  FOR  THE PURPOSE OF THIS PARAGRAPH, "RELIGIOUS EMPLOYER" MEANS AN
 ENTITY:
   (I) FOR WHICH THE INCULCATION OF RELIGIOUS VALUES IS  THE  PURPOSE  OF
 THE ENTITY;
   (II)  THAT PRIMARILY EMPLOYS PERSONS WHO SHARE THE RELIGIOUS TENETS OF
 THE ENTITY;
   (III) THAT SERVES PRIMARILY PERSONS WHO SHARE THE RELIGIOUS TENETS  OF
 THE ENTITY; AND
   (IV)  THAT  IS  A  NONPROFIT  ORGANIZATION AS DESCRIBED IN 26 U.S.C. §
 6033(A)(3)(A)(I) OR (III).
   § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (ss) to read as follows:
   (SS)(1)  EXCEPT AS PROVIDED IN PARAGRAPH TWO OF THIS SUBSECTION, EVERY
 INDIVIDUAL AND GROUP CONTRACT THAT PROVIDES MEDICAL,  MAJOR  MEDICAL  OR
 SIMILAR  COMPREHENSIVE TYPE COVERAGE DELIVERED OR ISSUED FOR DELIVERY IN
 THIS STATE SHALL PROVIDE COVERAGE FOR ABORTIONS. COVERAGE FOR  ABORTIONS
 SHALL  NOT  BE  SUBJECT TO COPAYMENTS, OR COINSURANCE, OR ANNUAL DEDUCT-
 IBLES, UNLESS THE CONTRACT IS A HIGH DEDUCTIBLE HEALTH PLAN, AS  DEFINED
 IN  26  U.S.C.  § 223(C)(2), IN WHICH CASE COVERAGE FOR ABORTIONS MAY BE
 SUBJECT TO THE PLAN'S ANNUAL DEDUCTIBLE.
 S. 8007                            92                            A. 9007
 
   (2) A GROUP CONTRACT THAT PROVIDES MEDICAL, MAJOR MEDICAL, OR  SIMILAR
 COMPREHENSIVE TYPE COVERAGE TO A RELIGIOUS EMPLOYER MAY EXCLUDE COVERAGE
 FOR ABORTIONS ONLY IF THE CORPORATION:
   (A)  OBTAINS  AN  ANNUAL  CERTIFICATION FROM THE GROUP CONTRACT HOLDER
 THAT THE CONTRACT HOLDER IS A RELIGIOUS EMPLOYER AND THAT THE  RELIGIOUS
 EMPLOYER REQUESTS A CONTRACT WITHOUT COVERAGE FOR ABORTIONS;
   (B)  ISSUES  A  RIDER  TO  EACH CERTIFICATE HOLDER AT NO PREMIUM TO BE
 CHARGED TO THE CERTIFICATE HOLDER OR RELIGIOUS EMPLOYER FOR  THE  RIDER,
 THAT  PROVIDES COVERAGE FOR ABORTIONS SUBJECT TO THE SAME RULES AS WOULD
 HAVE BEEN APPLIED TO THE SAME CATEGORY  OF  TREATMENT  IN  THE  CONTRACT
 ISSUED  TO THE RELIGIOUS EMPLOYER. THE RIDER SHALL CLEARLY AND CONSPICU-
 OUSLY SPECIFY THAT THE RELIGIOUS EMPLOYER DOES NOT  ADMINISTER  ABORTION
 BENEFITS,  BUT  THAT  THE CORPORATION IS ISSUING A RIDER FOR COVERAGE OF
 ABORTIONS, AND SHALL PROVIDE THE CORPORATION'S CONTACT  INFORMATION  FOR
 QUESTIONS; AND
   (III) PROVIDES NOTICE OF THE ISSUANCE OF THE CONTRACT AND RIDER TO THE
 SUPERINTENDENT IN A FORM AND MANNER ACCEPTABLE TO THE SUPERINTENDENT.
   (3)  FOR THE PURPOSE OF THIS SUBSECTION, "RELIGIOUS EMPLOYER" MEANS AN
 ENTITY:
   (A) FOR WHICH THE INCULCATION OF RELIGIOUS VALUES IS  THE  PURPOSE  OF
 THE ENTITY;
   (B)  THAT  PRIMARILY EMPLOYS PERSONS WHO SHARE THE RELIGIOUS TENETS OF
 THE ENTITY;
   (C) THAT SERVES PRIMARILY PERSONS WHO SHARE THE  RELIGIOUS  TENETS  OF
 THE ENTITY; AND
   (D)  THAT  IS  A  NONPROFIT  ORGANIZATION  AS DESCRIBED IN 26 U.S.C. §
 6033(A)(3)(A)(I) OR (III).
   § 4. This act shall take effect on the first of January next  succeed-
 ing  the date on which it shall have become a law and shall apply to all
 policies and contracts issued, renewed, modified, altered, or amended on
 or after such date. Effective immediately, the addition,  amendment,  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 S
 
   Section  1.  Subdivision 2 of section 365-a of the social services law
 is amended by adding a new paragraph (jj) to read as follows:
   (JJ) PRE-NATAL AND POST-PARTUM CARE AND SERVICES FOR  THE  PURPOSE  OF
 IMPROVING  MATERNAL HEALTH OUTCOMES AND REDUCTION OF MATERNAL MORTALITY,
 AS DETERMINED BY THE COMMISSIONER OF  HEALTH,  WHEN  SUCH  SERVICES  ARE
 RECOMMENDED BY A PHYSICIAN OR OTHER LICENSED PRACTITIONER OF THE HEALING
 ARTS,  AND  PROVIDED  BY  QUALIFIED  PRACTITIONERS, AS DETERMINED BY THE
 COMMISSIONER OF HEALTH; PROVIDED, HOWEVER, THAT THE PROVISIONS  OF  THIS
 PARAGRAPH  SHALL  NOT  TAKE  EFFECT UNLESS ALL NECESSARY APPROVALS UNDER
 FEDERAL LAW AND REGULATION HAVE BEEN OBTAINED TO RECEIVE FEDERAL  FINAN-
 CIAL  PARTICIPATION  IN  THE COSTS OF SERVICES PROVIDED PURSUANT TO THIS
 PARAGRAPH. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED  TO  MODIFY  ANY
 LICENSURE,  CERTIFICATION  OR  SCOPE  OF  PRACTICE PROVISION UNDER TITLE
 EIGHT OF THE EDUCATION LAW.
   § 2. Subparagraph 3 of paragraph (d) of subdivision 1 of  section  366
 of  the  social services law, as added by section 1 of part D of chapter
 56 of the laws of 2013, is amended to read as follows:
   (3) cooperates with the appropriate social services  official  or  the
 department  in  establishing paternity or in establishing, modifying, or
 S. 8007                            93                            A. 9007
 
 enforcing a support order with respect to his or  her  child;  provided,
 however,  that  nothing herein contained shall be construed to require a
 payment under this title for care or services, the cost of which may  be
 met in whole or in part by a third party; notwithstanding the foregoing,
 a  social  services  official  shall not require such cooperation if the
 social services official or the department determines that such  actions
 would  be  detrimental  to the best interest of the child, applicant, or
 recipient, or with respect to pregnant women during pregnancy and during
 the [sixty-day] ONE YEAR period beginning on the last day of  pregnancy,
 in accordance with procedures and criteria established by regulations of
 the department consistent with federal law; and
   §  3.  Subparagraph 1 of paragraph (b) of subdivision 4 of section 366
 of the social services law, as added by section 2 of part D  of  chapter
 56 of the laws of 2013, is amended to read as follows:
   (1)  A  pregnant  woman eligible for medical assistance under subpara-
 graph two or four of paragraph (b) of subdivision one of this section on
 any day of her pregnancy will continue to be eligible for such care  and
 services [through the end of the month in which the sixtieth day follow-
 ing the end of the pregnancy occurs,] FOR A PERIOD OF ONE YEAR BEGINNING
 ON THE LAST DAY OF PREGNANCY, without regard to any change in the income
 of  the  family  that  includes  the pregnant woman, even if such change
 otherwise would have rendered her  ineligible  for  medical  assistance.
 NOTWITHSTANDING  THE  PROVISIONS  OF  THIS SUBPARAGRAPH, INDIVIDUALS WHO
 MEET THE ELIGIBILITY REQUIREMENTS FOR MEDICAL ASSISTANCE UNDER  SUBPARA-
 GRAPH  EIGHT  OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, SHALL
 CONTINUE TO BE ELIGIBLE FOR MEDICAL ASSISTANCE UNDER  THIS  SUBPARAGRAPH
 THROUGH  THE  END  OF  THE MONTH IN WHICH THE SIXTIETH DAY FOLLOWING THE
 LAST DAY OF THE PREGNANCY OCCURS.
   § 4. Paragraph (b) of subdivision 1  of  section  366  of  the  social
 services  law  is  amended  by  adding  a  new subparagraph 8 to read as
 follows:
   (8) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH TWO OF  THIS  PARA-
 GRAPH,  A  PREGNANT  INDIVIDUAL  THAT IS INELIGIBLE FOR FEDERALLY FUNDED
 MEDICAL ASSISTANCE SOLELY DUE TO THEIR IMMIGRATION  STATUS  IS  ELIGIBLE
 FOR STANDARD COVERAGE IF THEIR MAGI HOUSEHOLD INCOME DOES NOT EXCEED THE
 MAGI-EQUIVALENT  OF  TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LINE FOR
 THE APPLICABLE FAMILY SIZE, WHICH SHALL BE CALCULATED IN ACCORDANCE WITH
 GUIDANCE ISSUED BY THE SECRETARY OF  THE  UNITED  STATES  DEPARTMENT  OF
 HEALTH AND HUMAN SERVICES.
   § 5. Section 369-hh of the social services law is REPEALED.
   §  6.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022; provided,
 however, that sections two, three, four and five of this act shall  take
 effect January 1, 2023.
 
                                  PART T
 
   Section  1.  Subdivision 1 of section 2308 of the public health law is
 amended to read as follows:
   1. Every physician OR OTHER AUTHORIZED PRACTITIONER attending pregnant
 [women] PATIENTS in the state shall in the case of every [woman] PATIENT
 so attended take or cause to be taken a sample of blood of such  [woman]
 PATIENT  at  the time of first examination, and submit such sample to an
 approved laboratory for a standard serological  test  for  syphilis.  IN
 ADDITION  TO TESTING AT THE TIME OF FIRST EXAMINATION, EVERY SUCH PHYSI-
 CIAN OR OTHER AUTHORIZED PRACTITIONER SHALL ORDER A SYPHILIS TEST DURING
 S. 8007                            94                            A. 9007
 
 THE THIRD TRIMESTER OF PREGNANCY CONSISTENT WITH ANY GUIDANCE AND  REGU-
 LATIONS ISSUED BY THE COMMISSIONER.
   §  2. This act shall take effect one year after it shall have become a
 law. Effective immediately, any rules and regulations or guidance neces-
 sary to implement the provisions of this act on its effective  date  are
 authorized  to be amended, repealed and/or promulgated on or before such
 date.
 
                                  PART U
 
   Section 1. Subdivision 7 of section 2510 of the public health law,  as
 amended  by  chapter  436  of  the  laws  of 2021, is amended to read as
 follows:
   7. "Covered health care services" means: the services  of  physicians,
 optometrists,  nurses,  nurse  practitioners, midwives and other related
 professional personnel  which  are  provided  on  an  outpatient  basis,
 including  routine well-child visits; diagnosis and treatment of illness
 and injury; inpatient health care services; laboratory tests; diagnostic
 x-rays;  prescription  and  non-prescription  drugs,  ostomy  AND  OTHER
 MEDICAL  supplies  and  durable  medical  equipment;  radiation therapy;
 chemotherapy; hemodialysis; outpatient blood  clotting  factor  products
 and  other treatments and services furnished in connection with the care
 of hemophilia and other blood clotting protein  deficiencies;  emergency
 room  services; AMBULANCE SERVICES; hospice services; emergency, preven-
 tive and routine dental care, including [medically necessary]  orthodon-
 tia  but  excluding  cosmetic surgery; emergency, preventive and routine
 vision care, including eyeglasses; speech and hearing  services;  [and,]
 inpatient  and  outpatient  mental  health,  alcohol and substance abuse
 services, INCLUDING CHILDREN AND FAMILY TREATMENT AND SUPPORT  SERVICES,
 CHILDREN'S HOME AND COMMUNITY BASED SERVICES, ASSERTIVE COMMUNITY TREAT-
 MENT  SERVICES  AND  RESIDENTIAL  REHABILITATION FOR YOUTH SERVICES; AND
 HEALTH-RELATED SERVICES PROVIDED BY VOLUNTARY FOSTER CARE AGENCY  HEALTH
 FACILITIES  LICENSED  PURSUANT TO ARTICLE TWENTY-NINE-I OF THIS CHAPTER;
 as defined by the commissioner [in  consultation  with  the  superinten-
 dent].  "Covered  health  care services" shall not include drugs, proce-
 dures and supplies  for  the  treatment  of  erectile  dysfunction  when
 provided  to,  or  prescribed  for  use  by, a person who is required to
 register as a sex offender pursuant to article six-C of  the  correction
 law,  provided  that any denial of coverage of such drugs, procedures or
 supplies shall provide the patient with the  means  of  obtaining  addi-
 tional information concerning both the denial and the means of challeng-
 ing such denial.
   § 2. Subdivision 9 of section 2510 of the public health law is amended
 by adding a new paragraph (e) to read as follows:
   (E)  FOR  PERIODS  ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY-TWO,
 AMOUNTS AS FOLLOWS:
   (I) NO PAYMENTS ARE REQUIRED FOR ELIGIBLE CHILDREN WHOSE FAMILY HOUSE-
 HOLD INCOME IS LESS THAN TWO HUNDRED TWENTY-THREE PERCENT  OF  THE  NON-
 FARM  FEDERAL  POVERTY  LEVEL AND FOR ELIGIBLE CHILDREN WHO ARE AMERICAN
 INDIANS OR ALASKAN NATIVES, AS DEFINED BY THE UNITED  STATES  DEPARTMENT
 OF HEALTH AND HUMAN SERVICES, WHOSE FAMILY HOUSEHOLD INCOME IS LESS THAN
 TWO HUNDRED FIFTY-ONE PERCENT OF THE NON-FARM FEDERAL POVERTY LEVEL; AND
   (II)  FIFTEEN  DOLLARS  PER MONTH FOR EACH ELIGIBLE CHILD WHOSE FAMILY
 HOUSEHOLD INCOME IS BETWEEN TWO HUNDRED  TWENTY-THREE  PERCENT  AND  TWO
 HUNDRED FIFTY PERCENT OF THE NON-FARM FEDERAL POVERTY LEVEL, BUT NO MORE
 THAN FORTY-FIVE DOLLARS PER MONTH PER FAMILY; AND
 S. 8007                            95                            A. 9007

   (III)  THIRTY  DOLLARS  PER MONTH FOR EACH ELIGIBLE CHILD WHOSE FAMILY
 HOUSEHOLD INCOME IS BETWEEN TWO  HUNDRED  FIFTY-ONE  PERCENT  AND  THREE
 HUNDRED  PERCENT OF THE NON-FARM FEDERAL POVERTY LEVEL, BUT NO MORE THAN
 NINETY DOLLARS PER MONTH PER FAMILY; AND
   (IV) FORTY-FIVE DOLLARS PER MONTH FOR EACH ELIGIBLE CHILD WHOSE FAMILY
 HOUSEHOLD  INCOME IS BETWEEN THREE HUNDRED ONE PERCENT AND THREE HUNDRED
 FIFTY PERCENT OF THE NON-FARM FEDERAL POVERTY LEVEL, BUT  NO  MORE  THAN
 ONE HUNDRED THIRTY-FIVE DOLLARS PER MONTH PER FAMILY; AND
   (V)  SIXTY  DOLLARS  PER  MONTH  FOR  EACH ELIGIBLE CHILD WHOSE FAMILY
 HOUSEHOLD INCOME IS BETWEEN THREE HUNDRED  FIFTY-ONE  PERCENT  AND  FOUR
 HUNDRED  PERCENT OF THE NON-FARM FEDERAL POVERTY LEVEL, BUT NO MORE THAN
 ONE HUNDRED EIGHTY DOLLARS PER MONTH PER FAMILY.
   § 3. Subdivision 8 of section 2511 of the public health law is amended
 by adding a new paragraph (i) to read as follows:
   (I)  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS  TITLE,  ARTI-
 CLES  THIRTY-TWO AND FORTY-THREE OF THE INSURANCE LAW AND SUBSECTION (E)
 OF SECTION ELEVEN HUNDRED TWENTY OF THE INSURANCE LAW:
   (I) THE COMMISSIONER SHALL, SUBJECT TO APPROVAL OF THE DIRECTOR OF THE
 DIVISION OF THE BUDGET, DEVELOP REIMBURSEMENT METHODOLOGIES  FOR  DETER-
 MINING THE AMOUNT OF SUBSIDY PAYMENTS MADE TO APPROVED ORGANIZATIONS FOR
 THE  COST  OF COVERED HEALTH CARE SERVICES COVERAGE PROVIDED PURSUANT TO
 THIS TITLE FOR PAYMENTS MADE ON AND AFTER JANUARY  FIRST,  TWO  THOUSAND
 TWENTY-FOUR.
   (II)  EFFECTIVE  JANUARY FIRST, TWO THOUSAND TWENTY-THREE, THE COMMIS-
 SIONER SHALL COORDINATE WITH THE SUPERINTENDENT  OF  FINANCIAL  SERVICES
 FOR  THE  TRANSITION OF THE SUBSIDY PAYMENT RATE SETTING FUNCTION TO THE
 DEPARTMENT AND, IN CONJUNCTION  WITH  ITS  INDEPENDENT  ACTUARY,  REVIEW
 REIMBURSEMENT  METHODOLOGIES  DEVELOPED  IN ACCORDANCE WITH SUBPARAGRAPH
 (I) OF THIS PARAGRAPH. NOTWITHSTANDING SECTION ONE  HUNDRED  SIXTY-THREE
 OF  THE STATE FINANCE LAW, THE COMMISSIONER MAY SELECT AND CONTRACT WITH
 THE INDEPENDENT ACTUARY SELECTED PURSUANT  TO  SUBDIVISION  EIGHTEEN  OF
 SECTION THREE HUNDRED SIXTY-FOUR-J OF THE SOCIAL SERVICES LAW, WITHOUT A
 COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS.  SUCH INDEPENDENT ACTU-
 ARY SHALL REVIEW AND MAKE RECOMMENDATIONS CONCERNING APPROPRIATE ACTUAR-
 IAL ASSUMPTIONS RELEVANT TO THE ESTABLISHMENT OF REIMBURSEMENT METHODOL-
 OGIES,  INCLUDING  BUT  NOT  LIMITED  TO THE ADEQUACY OF SUBSIDY PAYMENT
 AMOUNTS IN RELATION TO THE POPULATION TO BE  SERVED  ADJUSTED  FOR  CASE
 MIX,  THE  SCOPE  OF  SERVICES  APPROVED ORGANIZATIONS MUST PROVIDE, THE
 UTILIZATION OF SUCH SERVICES AND THE NETWORK OF  PROVIDERS  REQUIRED  TO
 MEET STATE STANDARDS.
   § 4. Paragraph b of subdivision 7 of section 2511 of the public health
 law,  as  amended by chapter 923 of the laws of 1990, is amended to read
 as follows:
   (b) The commissioner, in consultation with the  superintendent,  shall
 make a determination whether to approve, disapprove or recommend modifi-
 cation  of  the  proposal. In order for a proposal to be approved by the
 commissioner, the proposal must also be approved by  the  superintendent
 with  respect  to  the provisions of subparagraphs [(viii) through] (IX)
 AND (xii) of paragraph (a) of this subdivision.
   § 5. This act shall take effect immediately; provided,  however,  that
 sections  one,  three  and four of this act shall take effect January 1,
 2023 and section two of this act shall take effect April 1, 2022.
 
                                  PART V
 S. 8007                            96                            A. 9007
 
   Section 1. Subdivision 1 of section 2999-dd of the public health  law,
 as  amended  by  chapter  124 of the laws of 2020, is amended to read as
 follows:
   1.  Health  care  services  delivered  by means of telehealth shall be
 entitled to reimbursement under section three hundred  sixty-seven-u  of
 the  social services law ON THE SAME BASIS, AT THE SAME RATE, AND TO THE
 SAME EXTENT THE EQUIVALENT SERVICES, AS MAY BE  DEFINED  IN  REGULATIONS
 PROMULGATED  BY  THE  COMMISSIONER,  ARE  REIMBURSED  WHEN  DELIVERED IN
 PERSON; PROVIDED, HOWEVER, THAT HEALTH CARE SERVICES DELIVERED BY  MEANS
 OF  TELEHEALTH  SHALL NOT REQUIRE REIMBURSEMENT TO A TELEHEALTH PROVIDER
 FOR CERTAIN COSTS, INCLUDING BUT NOT LIMITED TO FACILITY FEES  OR  COSTS
 REIMBURSED  THROUGH AMBULATORY PATIENT GROUPS OR OTHER CLINIC REIMBURSE-
 MENT METHODOLOGIES SET FORTH IN SECTION TWENTY-EIGHT  HUNDRED  SEVEN  OF
 THIS  CHAPTER, IF SUCH COSTS WERE NOT INCURRED IN THE PROVISION OF TELE-
 HEALTH SERVICES DUE TO NEITHER THE ORIGINATING SITE NOR THE DISTANT SITE
 OCCURRING WITHIN  A  FACILITY  OR  OTHER  CLINIC  SETTING;  AND  FURTHER
 provided,  however,  reimbursement  for  additional modalities, provider
 categories and originating sites specified in  accordance  with  section
 twenty-nine hundred ninety-nine-ee of this article, and audio-only tele-
 phone  communication  defined  in  regulations  promulgated  pursuant to
 subdivision four of section twenty-nine hundred ninety-nine-cc  of  this
 article,  shall  be  contingent  upon  federal  financial participation.
 NOTWITHSTANDING  THE  PROVISIONS  OF  THIS  SUBDIVISION,  FOR   SERVICES
 LICENSED, CERTIFIED OR OTHERWISE AUTHORIZED PURSUANT TO ARTICLE SIXTEEN,
 ARTICLE THIRTY-ONE OR ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW, SUCH
 SERVICES  PROVIDED  BY TELEHEALTH, AS DEEMED APPROPRIATE BY THE RELEVANT
 COMMISSIONER, SHALL BE REIMBURSED AT THE APPLICABLE IN PERSON  RATES  OR
 FEES  ESTABLISHED  BY  LAW, OR OTHERWISE ESTABLISHED OR CERTIFIED BY THE
 OFFICE FOR PEOPLE WITH  DEVELOPMENTAL  DISABILITIES,  OFFICE  OF  MENTAL
 HEALTH,  OR  THE  OFFICE  OF ADDICTION SERVICES AND SUPPORTS PURSUANT TO
 ARTICLE FORTY-THREE OF THE MENTAL HYGIENE LAW.
   § 2. Subsection (a) of section 3217-h of the insurance law,  as  added
 by chapter 6 of the laws of 2015, is amended to read as follows:
   (a)  (1)  An insurer shall not exclude from coverage a service that is
 otherwise covered under a policy that  provides  comprehensive  coverage
 for  hospital, medical or surgical care because the service is delivered
 via telehealth, as that term  is  defined  in  subsection  (b)  of  this
 section;  provided, however, that an insurer may exclude from coverage a
 service by a health care provider where the provider  is  not  otherwise
 covered  under  the  policy.  An  insurer  may subject the coverage of a
 service delivered via telehealth to co-payments, coinsurance or  deduct-
 ibles  provided  that  they  are at least as favorable to the insured as
 those established for the same service  when  not  delivered  via  tele-
 health.  An  insurer may subject the coverage of a service delivered via
 telehealth to reasonable utilization management  and  quality  assurance
 requirements  that  are  consistent  with those established for the same
 service when not delivered via telehealth.
   (2) AN INSURER THAT  PROVIDES  COMPREHENSIVE  COVERAGE  FOR  HOSPITAL,
 MEDICAL  OR  SURGICAL CARE SHALL REIMBURSE COVERED SERVICES DELIVERED BY
 MEANS OF TELEHEALTH ON THE SAME BASIS, AT THE SAME RATE, AND TO THE SAME
 EXTENT THAT SUCH SERVICES  ARE  REIMBURSED  WHEN  DELIVERED  IN  PERSON;
 PROVIDED THAT REIMBURSEMENT OF COVERED SERVICES DELIVERED VIA TELEHEALTH
 SHALL  NOT  REQUIRE  REIMBURSEMENT OF COSTS NOT ACTUALLY INCURRED IN THE
 PROVISION OF THE TELEHEALTH SERVICES, INCLUDING CHARGES RELATED  TO  THE
 USE  OF A CLINIC OR OTHER FACILITY WHEN NEITHER THE ORIGINATING SITE NOR
 DISTANT SITE OCCUR WITHIN THE CLINIC OR OTHER FACILITY.
 S. 8007                            97                            A. 9007

   (3) AN INSURER THAT  PROVIDES  COMPREHENSIVE  COVERAGE  FOR  HOSPITAL,
 MEDICAL,  OR SURGICAL CARE WITH A NETWORK OF HEALTH CARE PROVIDERS SHALL
 ENSURE THAT SUCH NETWORK IS ADEQUATE TO MEET  THE  TELEHEALTH  NEEDS  OF
 INSURED INDIVIDUALS FOR SERVICES COVERED UNDER THE POLICY WHEN MEDICALLY
 APPROPRIATE.
   §  3.  Subsection (a) of section 4306-g of the insurance law, as added
 by chapter 6 of the laws of 2015, is amended to read as follows:
   (a) (1) A corporation shall not exclude from coverage a  service  that
 is otherwise covered under a contract that provides comprehensive cover-
 age for hospital, medical or surgical care because the service is deliv-
 ered  via  telehealth, as that term is defined in subsection (b) of this
 section; provided, however, that a corporation may exclude from coverage
 a service by a health care provider where the provider is not  otherwise
 covered under the contract.  A corporation may subject the coverage of a
 service  delivered via telehealth to co-payments, coinsurance or deduct-
 ibles provided that they are at least as favorable  to  the  insured  as
 those  established  for  the  same  service when not delivered via tele-
 health. A corporation may subject the coverage of  a  service  delivered
 via  telehealth  to reasonable utilization management and quality assur-
 ance requirements that are consistent with  those  established  for  the
 same service when not delivered via telehealth.
   (2)  A  CORPORATION THAT PROVIDES COMPREHENSIVE COVERAGE FOR HOSPITAL,
 MEDICAL OR SURGICAL CARE SHALL REIMBURSE COVERED SERVICES  DELIVERED  BY
 MEANS OF TELEHEALTH ON THE SAME BASIS, AT THE SAME RATE, AND TO THE SAME
 EXTENT  THAT  SUCH  SERVICES  ARE  REIMBURSED  WHEN DELIVERED IN PERSON;
 PROVIDED THAT REIMBURSEMENT OF COVERED   SERVICES  DELIVERED  VIA  TELE-
 HEALTH  SHALL  NOT REQUIRE REIMBURSEMENT OF  COSTS NOT ACTUALLY INCURRED
 IN THE PROVISION OF THE TELEHEALTH SERVICES,  INCLUDING CHARGES  RELATED
 TO  THE  USE  OF A CLINIC OR OTHER FACILITY WHEN NEITHER THE ORIGINATING
 SITE NOR THE DISTANT SITE OCCUR WITHIN THE CLINIC OR OTHER FACILITY. THE
 SUPERINTENDENT MAY PROMULGATE REGULATIONS TO IMPLEMENT THE    PROVISIONS
 OF THIS SECTION.
   (3)  A  CORPORATION THAT PROVIDES COMPREHENSIVE COVERAGE FOR HOSPITAL,
 MEDICAL, OR SURGICAL CARE WITH A NETWORK OF HEALTH CARE PROVIDERS  SHALL
 ENSURE  THAT  SUCH  NETWORK  IS ADEQUATE TO MEET THE TELEHEALTH NEEDS OF
 INSURED INDIVIDUALS FOR SERVICES COVERED UNDER THE POLICY WHEN MEDICALLY
 APPROPRIATE.
   § 4. Section 4406-g of the public health law is amended by adding  two
 new subdivisions 3 and 4 to read as follows:
   3.  A  HEALTH  MAINTENANCE  ORGANIZATION  THAT  PROVIDES COMPREHENSIVE
 COVERAGE FOR HOSPITAL, MEDICAL OR SURGICAL CARE SHALL REIMBURSE  COVERED
 SERVICES  DELIVERED  VIA TELEHEALTH ON THE SAME BASIS, AT THE SAME RATE,
 AND TO THE EXTENT THAT SUCH SERVICES ARE REIMBURSED  WHEN  DELIVERED  IN
 PERSON;  PROVIDED  THAT  REIMBURSEMENT  OF COVERED SERVICES DELIVERED BY
 MEANS OF TELEHEALTH SHALL NOT REQUIRE REIMBURSEMENT OF  COSTS NOT  ACTU-
 ALLY  INCURRED  IN  THE  PROVISION OF THE TELEHEALTH SERVICES, INCLUDING
 CHARGES RELATED TO THE USE OF A CLINIC OR OTHER  FACILITY  WHEN  NEITHER
 THE  ORIGINATING  SITE  NOR  THE DISTANT SITE OCCUR WITHIN THE CLINIC OR
 OTHER FACILITY. THE COMMISSIONER, IN CONSULTATION WITH  THE  SUPERINTEN-
 DENT,  MAY  PROMULGATE  REGULATIONS  TO IMPLEMENT THE PROVISIONS OF THIS
 SECTION.
   4. A  HEALTH  MAINTENANCE  ORGANIZATION  THAT  PROVIDES  COMPREHENSIVE
 COVERAGE  FOR  HOSPITAL,  MEDICAL,  OR  SURGICAL  CARE WITH A NETWORK OF
 HEALTH CARE PROVIDERS SHALL ENSURE THAT SUCH NETWORK IS ADEQUATE TO MEET
 THE TELEHEALTH NEEDS OF INSURED INDIVIDUALS FOR SERVICES  COVERED  UNDER
 THE POLICY WHEN MEDICALLY APPROPRIATE.
 S. 8007                            98                            A. 9007

   §  5.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022.
 
                                  PART W
 
   Section 1. Section 365-g of the social services law, as added by chap-
 ter  938 of the laws of 1990, subdivisions 1 and 3 as amended by chapter
 165 of the laws of 1991, subdivisions 2 and 4 as amended by  section  31
 of  part C of chapter 58 of the laws of 2008, clause (B) of subparagraph
 (iii) of paragraph (b) of subdivision 3 as amended by chapter 59 of  the
 laws  of 1993, subparagraphs (vi) and (vii) of paragraph (b) of subdivi-
 sion 3 as amended and subparagraph (viii) as added by  section  31-b  of
 part  C  of  chapter 58 of the laws of 2008, subdivision 5 as amended by
 chapter 41 of the laws of 1992, paragraphs (f) and (g) of subdivision  5
 as  amended  by  and  paragraphs (h) and (i) as added by section 31-a of
 part C of chapter 58 of the laws of 2008, is amended to read as follows:
   § 365-g. Utilization [thresholds] REVIEW for  certain  care,  services
 and  supplies.  1. The department may implement a system for utilization
 [controls] REVIEW, pursuant to this section, for  persons  eligible  for
 benefits  under  this  title,  [including  annual service limitations or
 utilization thresholds above which the department may not pay for  addi-
 tional  care,  services  or  supplies,  unless  such  care,  services or
 supplies have been previously approved by the department or unless  such
 care,  services or supplies were provided pursuant to subdivision three,
 four or five of this section] TO EVALUATE THE APPROPRIATENESS AND QUALI-
 TY OF MEDICAL ASSISTANCE, AND SAFEGUARD AGAINST UNNECESSARY  UTILIZATION
 OF  CARE AND SERVICES, WHICH SHALL INCLUDE A POST-PAYMENT REVIEW PROCESS
 TO DEVELOP AND REVIEW BENEFICIARY UTILIZATION PROFILES, PROVIDER SERVICE
 PROFILES, AND EXCEPTIONS CRITERIA TO CORRECT MISUTILIZATION PRACTICES OF
 BENEFICIARIES AND PROVIDERS; AND FOR REFERRAL TO THE OFFICE OF  MEDICAID
 INSPECTOR  GENERAL  WHERE SUSPECTED FRAUD, WASTE OR ABUSE ARE IDENTIFIED
 IN THE UNNECESSARY OR INAPPROPRIATE USE OF CARE,  SERVICES  OR  SUPPLIES
 FURNISHED UNDER THIS TITLE.
   2.  The  department may [implement] REVIEW utilization [thresholds] by
 provider service type, medical procedure and  patient,  in  consultation
 with  the  state  department  of mental hygiene, other appropriate state
 agencies, and other stakeholders including provider and consumer  repre-
 sentatives.    In  [developing]  REVIEWING utilization [thresholds], the
 department shall consider  historical  recipient  utilization  patterns,
 patient-specific  diagnoses  and burdens of illness, and the anticipated
 recipient needs in order to maintain good health.
   3. [If the department implements a utilization threshold program, at a
 minimum, such program must include:
   (a) prior notice to the recipients affected by the utilization thresh-
 old program, which notice must describe:
   (i) the nature and extent of the utilization program,  the  procedures
 for  obtaining an exemption from or increase in a utilization threshold,
 the recipients' fair hearing rights, and referral  to  an  informational
 toll-free hot-line operated by the department; and
   (ii) alternatives to the utilization threshold program such as enroll-
 ment  in  managed  care  programs and referral to preferred primary care
 providers designated pursuant to subdivision twelve of  section  twenty-
 eight hundred seven of the public health law; and
   (b) procedures for:
   (i) requesting an increase in amount of authorized services;
 S. 8007                            99                            A. 9007

   (ii)  extending  amount of authorized services when an application for
 an increase in the amount of authorized services is pending;
   (iii)  requesting  an  exemption  from  utilization  thresholds, which
 procedure must:
   (A) allow the recipient, or a provider on behalf of  a  recipient,  to
 apply  to  the  department for an exemption from one or more utilization
 thresholds  based  upon  documentation  of  the  medical  necessity  for
 services in excess of the threshold,
   (B)  provided for exemptions consistent with department guidelines for
 approving exemptions,  which  guidelines  must  be  established  by  the
 department  in consultation with the department of health and, as appro-
 priate, with the department of mental hygiene, and consistent  with  the
 current  regulations of the office of mental health governing outpatient
 treatment.
   (C) provide for an exemption when medical and  clinical  documentation
 substantiates  a  condition  of  a chronic medical nature which requires
 ongoing and frequent use of medical care, services or supplies such that
 an increase in the amount of authorized services is  not  sufficient  to
 meet the medical needs of the recipient;
   (iv)  reimbursing  a  provider, regardless of the recipient's previous
 use of services, when care, services or supplies are provided in a  case
 of  urgent  medical need, as defined by the department, or when provided
 on an emergency basis, as defined by the department;
   (v) notifying recipients of and referring  recipients  to  appropriate
 and  accessible  managed  care  programs  and  to preferred primary care
 providers designated pursuant to subdivision twelve of  section  twenty-
 eight  hundred  seven  of  the  public  health law at the same time such
 recipients are notified that they are nearing or have reached the utili-
 zation threshold for each specific provider type;
   (vi) notifying recipients at the same time such recipients  are  noti-
 fied  that they have received an exemption from a utilization threshold,
 an increase in the amount of authorized services, or that they are near-
 ing or have reached  their  utilization  threshold,  of  their  possible
 eligibility  for  federal disability benefits and directing such recipi-
 ents to their social services district for information and assistance in
 securing such benefits;
   (vii) cooperating with social services districts in  sharing  informa-
 tion  collected  and  developed  by the department regarding recipients'
 medical records; and
   (viii) assuring that no request for an increase in amount  of  author-
 ized  services  or for an exemption from utilization thresholds shall be
 denied unless the request is first reviewed by  a  health  care  profes-
 sional possessing appropriate clinical expertise.
   4.]  The  utilization [thresholds] REVIEW established pursuant to this
 section shall not apply to [mental retardation and] developmental  disa-
 bilities  services  provided  in clinics certified under article twenty-
 eight of the public health law, or article twenty-two or  article  thir-
 ty-one of the mental hygiene law.
   [5.]  4.  Utilization [thresholds] REVIEW established pursuant to this
 section shall not apply to services, even  though  such  services  might
 otherwise  be  subject to utilization [thresholds] REVIEW, when provided
 as follows:
   (a) through a managed care program;
   (b) subject to prior approval or prior authorization;
   (c) as family planning services;
   (d) as methadone maintenance services;
 S. 8007                            100                           A. 9007
 
   (e) on a fee-for-services basis to in-patients  in  general  hospitals
 certified under article twenty-eight of the public health law or article
 thirty-one of the mental hygiene law and residential health care facili-
 ties, with the exception of podiatrists' services;
   (f) for hemodialysis;
   (g) through  or  by  referral  from  a preferred primary care provider
 designated  pursuant  to  subdivision  twelve  of  section  twenty-eight
 hundred seven of the public health law;
   (h) pursuant to a court order; or
   (i)  as  a  condition  of  eligibility  for  any other public program,
 including but not limited to public assistance.
   [6.] 5. The department shall consult with representatives  of  medical
 assistance providers, social services districts, voluntary organizations
 that  represent  or  advocate  on behalf of recipients, the managed care
 advisory council and other state agencies regarding the  ongoing  opera-
 tion of a utilization [threshold] REVIEW system.
   [7.]  6. On or before February first, nineteen hundred ninety-two, the
 commissioner shall submit to the governor, the  temporary  president  of
 the senate and the speaker of the assembly a report detailing the imple-
 mentation  of  the  utilization  threshold  program  and  evaluating the
 results of establishing  utilization  thresholds.    Such  report  shall
 include,  but  need  not  be limited to, a description of the program as
 implemented; the number of requests for increases in service  above  the
 threshold  amounts by provider and type of service; the number of exten-
 sions granted; the number of claims that were  submitted  for  emergency
 care  or urgent care above the threshold level; the number of recipients
 referred to managed care; an estimate  of  the  fiscal  savings  to  the
 medical  assistance  program as a result of the program; recommendations
 for medical condition that may  be  more  appropriately  served  through
 managed care programs; and the costs of implementing the program.
   § 2. This act shall take effect July 1, 2022; provided, however, that:
   a.  the  amendments  to  subdivision  5 of section 365-g of the social
 services law made by section one of this act shall not affect the  expi-
 ration  and  reversion  of  paragraphs  (f)  and (g) of such subdivision
 pursuant to subdivision (i-1) of section 79 of chapter 58 of the laws of
 2008, as amended; and
   b. the amendments to subdivision 5 of  section  365-g  of  the  social
 services law made by section one of this act shall not affect the repeal
 of  paragraphs  (h)  and (i) of such subdivision pursuant to subdivision
 (i-1) of section 79 of part C of chapter 58 of  the  laws  of  2008,  as
 amended.
 
                                  PART X
 
   Section  1.  The title heading of title 2-F of article 2 of the public
 health law, as added by chapter 757 of the laws of 1992  and  as  relet-
 tered by chapter 443 of the laws of 1993, is amended to read as follows:
 
                    OFFICE OF [MINORITY] HEALTH EQUITY
   §  2. Section 240 of the public health law, as added by chapter 757 of
 the laws of 1992 and as renumbered by chapter 443 of the laws  of  1993,
 is amended to read as follows:
    § 240. Definitions. For the purposes of this article:
   1.  "UNDERSERVED  POPULATIONS"  SHALL  MEAN THOSE WHO HAVE EXPERIENCED
 INJUSTICES AND DISADVANTAGES AS A RESULT OF THEIR RACE, ETHNICITY, SEXU-
 AL ORIENTATION, GENDER IDENTITY, GENDER EXPRESSION,  DISABILITY  STATUS,
 S. 8007                            101                           A. 9007
 
 AGE,  AND/OR  SOCIOECONOMIC  STATUS,  AMONG  OTHERS AS DETERMINED BY THE
 COMMISSIONER OF HEALTH.
   2.  "[Minority]  RACIALLY  AND  ETHNICALLY  DIVERSE area" shall mean a
 county with a non-white population of forty  percent  or  more,  or  the
 service area of an agency, corporation, facility or individual providing
 medical  and/or  health  services  whose  non-white  population is forty
 percent or more.
   [2.  "Minority  health  care  provider"  or  "minority  provider"]  3.
 "PROVIDER"  shall  mean any agency, corporation, facility, or individual
 providing medical and/or health care services to [residents of a minori-
 ty area] UNDERSERVED POPULATIONS.
   [3.] 4. "Office" shall mean the office of [minority] health EQUITY, as
 created pursuant to section two hundred  [thirty-eight-a]  FORTY-ONE  of
 this [article] TITLE.
   [4.]  5.  "[Minority  health]  HEALTH  EQUITY council" shall mean that
 advisory body to the commissioner, created pursuant to the provisions of
 section two  hundred  [thirty-eight-c]  FORTY-THREE  of  this  [article]
 TITLE.
   6.  "HEALTH  DISPARITIES"  SHALL MEAN MEASURABLE DIFFERENCES IN HEALTH
 STATUS, ACCESS TO CARE, AND QUALITY  OF  CARE  AS  DETERMINED  BY  RACE,
 ETHNICITY,  SEXUAL  ORIENTATION,  GENDER  IDENTITY, A PREFERRED LANGUAGE
 OTHER THAN ENGLISH, GENDER EXPRESSION, DISABILITY  STATUS,  AGING  POPU-
 LATION, AND SOCIOECONOMIC STATUS.
   7.  "HEALTH  EQUITY"  SHALL MEAN ACHIEVING THE HIGHEST LEVEL OF HEALTH
 FOR ALL PEOPLE AND SHALL ENTAIL FOCUSED  EFFORTS  TO  ADDRESS  AVOIDABLE
 INEQUALITIES  BY  EQUALIZING  THOSE CONDITIONS FOR HEALTH FOR THOSE THAT
 HAVE EXPERIENCED INJUSTICES, SOCIOECONOMIC DISADVANTAGES,  AND  SYSTEMIC
 DISADVANTAGES.
   8.   "SOCIAL   DETERMINANTS   OF  HEALTH"  SHALL  MEAN  LIFE-ENHANCING
 RESOURCES, SUCH AS AVAILABILITY OF  HEALTHFUL  FOODS,  QUALITY  HOUSING,
 ECONOMIC  OPPORTUNITY,  SOCIAL RELATIONSHIPS, TRANSPORTATION, EDUCATION,
 AND HEALTH  CARE,  WHOSE  DISTRIBUTION  ACROSS  POPULATIONS  EFFECTIVELY
 DETERMINES THE LENGTH AND QUALITY OF LIFE.
   §  3. Section 241 of the public health law, as added by chapter 757 of
 the laws of 1992 and as renumbered by chapter 443 of the laws  of  1993,
 is amended to read as follows:
   §  241.  Office  of  [minority] health EQUITY created. There is hereby
 created an office of [minority] health EQUITY within the  state  depart-
 ment of health. Such office shall:
   1.  WORK COLLABORATIVELY WITH OTHER STATE AGENCIES AND AFFECTED STAKE-
 HOLDERS,  INCLUDING  PROVIDERS  AND REPRESENTATIVES OF UNDERSERVED POPU-
 LATIONS, IN ORDER TO SET PRIORITIES, COLLECT AND DISSEMINATE  DATA,  AND
 ALIGN  RESOURCES  WITHIN THE DEPARTMENT AND ACROSS OTHER STATE AGENCIES.
 THE OFFICE SHALL ALSO CONDUCT HEALTH PROMOTION AND EDUCATIONAL OUTREACH,
 AS WELL AS DEVELOP AND IMPLEMENT INTERVENTIONS AIMED AT ACHIEVING HEALTH
 EQUITY AMONG  UNDERSERVED  POPULATIONS  BY  IMPLEMENTING  STRATEGIES  TO
 ADDRESS  THE VARYING COMPLEX CAUSES OF HEALTH DISPARITIES, INCLUDING THE
 ECONOMIC, PHYSICAL, AND SOCIAL ENVIRONMENTS.
   2. Integrate and coordinate selected state health care grant and  loan
 programs  established specifically for [minority] PROMOTING health [care
 providers and residents] EQUITY IN NEW YORK STATE. As part of this func-
 tion, the office shall develop a coordinated application process for use
 by [minority] providers, municipalities  and  others  in  seeking  funds
 and/or technical assistance on pertinent [minority health care] programs
 and  services  TARGETED TO ADDRESS HEALTH EQUITY AMONG UNDERSERVED POPU-
 LATIONS.
 S. 8007                            102                           A. 9007
 
   [2.] 3. Apply for grants, and accept gifts  from  private  and  public
 sources  for  research  to  improve  and enhance [minority] health [care
 services and facilities] EQUITY.  The office shall also promote [minori-
 ty] health EQUITY research in universities and colleges.
   [3.]  4.  Together with the [minority] health EQUITY council, serve as
 liaison and advocate for the  department  on  [minority]  health  EQUITY
 matters.  This  function shall include the provision of staff support to
 the [minority] health EQUITY council and the establishment of  appropri-
 ate program linkages with related federal, state, and local agencies and
 programs  such  as  the office of [minority] health EQUITY of the public
 health service, the agricultural extension service  and  migrant  health
 services.
   [4.]  5.  Assist medical schools and state agencies to develop compre-
 hensive programs to improve [minority] THE DIVERSITY OF health personnel
 [supply] WORKFORCE by promoting [minority] HEALTH EQUITY clinical train-
 ing and curriculum  improvement,  and  disseminating  [minority]  health
 career information to high school and college students.
   [5.]  6.  Promote  community  strategic  planning  [or new or improved
 health care delivery systems and networks in minority areas] TO  ADDRESS
 THE  COMPLEX CAUSES OF HEALTH DISPARITIES, INCLUDING THE SOCIAL DETERMI-
 NANTS OF HEALTH AND HEALTH CARE DELIVERY SYSTEMS AND NETWORKS, IN  ORDER
 TO IMPROVE HEALTH EQUITY. Strategic network planning and development may
 include such considerations as HEALTHFUL FOODS, QUALITY HOUSING, ECONOM-
 IC  OPPORTUNITY, SOCIAL RELATIONSHIPS, TRANSPORTATION, AND EDUCATION, AS
 WELL AS HEALTH CARE SYSTEMS,  INCLUDING  ASSOCIATED  personnel,  capital
 facilities,  reimbursement,  primary  care,  long-term care, acute care,
 rehabilitative, preventive, and related services on the  health  contin-
 uum.
   [6.]  7.  Review the impact of programs, regulations, and [health care
 reimbursement] policies on  [minority]  health  [services  delivery  and
 access] EQUITY.
   §  4. Section 242 of the public health law, as added by chapter 757 of
 the laws of 1992 and as renumbered by chapter 443 of the laws  of  1993,
 is amended to read as follows:
   §  242.  Preparation and distribution of reports. The department shall
 submit a biennial report to the governor and the legislature  describing
 the  activities  of  the office and health status of minority areas. The
 first such report shall be transmitted on  or  before  September  first,
 nineteen  hundred  ninety-four.  Such report shall contain the following
 information:
   1. Activities of the office of [minority] health EQUITY,  expenditures
 incurred  in carrying out such activities, and anticipated activities to
 be undertaken in the future.
   2. Progress in carrying out the functions and duties listed in section
 two hundred [thirty-eight-a] FORTY-ONE of this [article] TITLE.
   3. An analysis of the health status of [minority citizens] UNDERSERVED
 POPULATIONS, INCLUDING THOSE POPULATIONS WITHIN RACIALLY AND  ETHNICALLY
 DIVERSE  AREAS,  and  the  status  of [minority] health delivery systems
 SERVING THOSE COMMUNITIES.  Such analysis shall be conducted in  cooper-
 ation  with  the  [minority]  health EQUITY council and other interested
 agencies.
   4. Any recommended improvements to programs  and/or  regulations  that
 would  enhance  the  cost  effectiveness  of  the  office,  and programs
 intended to meet the HEALTH AND health care needs of [minority citizens]
 UNDERSERVED POPULATIONS.
 S. 8007                            103                           A. 9007

   § 5. Section 243 of the public health law, as added by chapter 757  of
 the  laws  of 1992 and as renumbered by chapter 443 of the laws of 1993,
 subdivision 3 as amended by section 55 of part A of chapter  58  of  the
 laws of 2010, is amended to read as follows:
   §  243.  [Minority  health]  HEALTH  EQUITY council. 1. Appointment of
 members. There shall be established in the office of  [minority]  health
 EQUITY a [minority] health EQUITY council to consist of the commissioner
 and fourteen members to be appointed by the governor with the advice and
 consent of the senate.  Membership on the council shall be reflective of
 the  diversity  of the state's population including, but not limited to,
 the various [minority] UNDERSERVED populations throughout the state.
   2. Terms of office; vacancies. a. [The] UNLESS SPECIFIED OTHERWISE  IN
 THE  BYLAWS OF THE HEALTH EQUITY COUNCIL, THE terms of office of members
 of the [minority] health EQUITY council [shall] MAY be UP TO six  years.
 The  members of the HEALTH EQUITY council shall continue in office until
 the expiration of their terms and until their successors  are  appointed
 and  have  qualified.  Such  appointments shall be made by the governor,
 with the advice and consent of the senate, within one year following the
 expiration of such terms.
   b. Vacancies shall be filled by appointment by the  governor  for  the
 unexpired  terms  within  one year of the date upon which such vacancies
 occur. Any vacancy existing on the effective date of paragraph c of this
 subdivision shall be filled by  appointment  within  one  year  of  such
 effective date.
   c.  In  making appointments to the council, the governor shall seek to
 ensure that membership on the council  reflects  the  diversity  of  the
 state's  population including, but not limited to the various [minority]
 UNDERSERVED populations throughout the state.
   3. Meetings. a. The [minority] health EQUITY  council  shall  meet  as
 frequently as its business may require, and at least twice in each year.
   b.  The  governor  shall  designate  one  of the members of the public
 health and health planning council as its chair.
   C. A MAJORITY OF THE APPOINTED VOTING MEMBERSHIP OF THE HEALTH  EQUITY
 COUNCIL SHALL CONSTITUTE A QUORUM.
   4.  Compensation  and expenses. The members of the council shall serve
 without compensation other than reimbursement of  actual  and  necessary
 expenses.
   5.  Powers  and duties. The [minority] health EQUITY council shall, at
 the request of the commissioner, consider any  matter  relating  to  the
 preservation  and  improvement  of  [minority]  health  STATUS AMONG THE
 STATE'S UNDERSERVED POPULATIONS, and may advise the commissioner [there-
 on; and it may, from time to time, submit to the commissioner,]  ON  any
 recommendations relating to the preservation and improvement of [minori-
 ty] health EQUITY.
   § 6. This act shall take effect immediately.
 
                                  PART Y
 
   Section  1.  The  domestic  relations  law  is amended by adding a new
 section 20-c to read as follows:
   § 20-C. CERTIFICATION OF MARRIAGE; NEW CERTIFICATE IN CASE  OF  SUBSE-
 QUENT  CHANGE  OF NAME OR GENDER. 1. A NEW MARRIAGE CERTIFICATE SHALL BE
 ISSUED BY THE TOWN OR CITY CLERK WHERE THE MARRIAGE LICENSE AND  CERTIF-
 ICATE  WAS  ISSUED,  UPON RECEIPT OF PROPER PROOF OF A CHANGE OF NAME OR
 GENDER DESIGNATION. PROPER PROOF SHALL CONSIST OF: (A) A JUDGMENT, ORDER
 OR DECREE AFFIRMING A CHANGE OF NAME OR  GENDER  DESIGNATION  OF  EITHER
 S. 8007                            104                           A. 9007
 
 PARTY  TO  A  MARRIAGE; (B) AN AMENDED BIRTH CERTIFICATE DEMONSTRATING A
 CHANGE OF NAME OR GENDER DESIGNATION; OR (C) SUCH OTHER PROOF AS MAY  BE
 ESTABLISHED BY THE COMMISSIONER OF HEALTH.
   2.  ON EVERY NEW MARRIAGE CERTIFICATE MADE PURSUANT TO THIS SECTION, A
 NOTATION THAT IT IS FILED PURSUANT TO  THIS  SECTION  SHALL  BE  ENTERED
 THEREON.
   3.  WHEN  A NEW MARRIAGE CERTIFICATE IS MADE PURSUANT TO THIS SECTION,
 THE TOWN OR CITY CLERK SHALL SUBSTITUTE SUCH  NEW  CERTIFICATE  FOR  THE
 MARRIAGE  CERTIFICATE  THEN  ON  FILE,  IF ANY, AND SHALL SEND THE STATE
 COMMISSIONER OF HEALTH A DIGITAL COPY OF THE NEW MARRIAGE CERTIFICATE IN
 A FORMAT PRESCRIBED BY THE COMMISSIONER, WITH THE EXCEPTION OF THE  CITY
 CLERK  OF  NEW  YORK WHO SHALL RETAIN THEIR COPY. THE TOWN OR CITY CLERK
 SHALL MAKE A COPY OF THE NEW MARRIAGE CERTIFICATE FOR THE  LOCAL  RECORD
 AND  HOLD THE CONTENTS OF THE ORIGINAL MARRIAGE CERTIFICATE CONFIDENTIAL
 ALONG WITH ALL SUPPORTING DOCUMENTATION, PAPERS  AND  COPIES  PERTAINING
 THERETO.  IT SHALL NOT BE RELEASED OR OTHERWISE DIVULGED EXCEPT BY ORDER
 OF A COURT OF COMPETENT JURISDICTION.
   4. THE TOWN OR CITY CLERK SHALL BE ENTITLED TO A FEE  OF  TEN  DOLLARS
 FOR  THE  AMENDMENT  AND  CERTIFIED  COPY OF ANY MARRIAGE CERTIFICATE IN
 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
   5. THE STATE COMMISSIONER OF HEALTH MAY, IN THEIR  DISCRETION,  REPORT
 TO  THE  ATTORNEY  GENERAL  ANY  TOWN OR CITY CLERK THAT, WITHOUT CAUSE,
 FAILS TO ISSUE A NEW MARRIAGE CERTIFICATE UPON RECEIPT OF  PROPER  PROOF
 OF  A  CHANGE  OF  NAME  OR  GENDER  DESIGNATION IN ACCORDANCE WITH THIS
 SECTION. THE ATTORNEY GENERAL SHALL THEREUPON, IN THE NAME OF THE  STATE
 COMMISSIONER OF HEALTH OR THE PEOPLE OF THE STATE, INSTITUTE SUCH ACTION
 OR  PROCEEDING  AS  MAY  BE NECESSARY TO COMPEL THE ISSUANCE OF SUCH NEW
 MARRIAGE CERTIFICATE.
   § 2. This act shall take effect one year after it shall have become  a
 law.
 
                                  PART Z
 
   Section  1.    Section 18 of chapter 266 of the laws of 1986, amending
 the civil practice law and rules and other laws relating to  malpractice
 and professional medical conduct, is amended by adding a new subdivision
 9 to read as follows:
   (9)  THIS SUBDIVISION SHALL APPLY ONLY TO EXCESS INSURANCE COVERAGE OR
 EQUIVALENT EXCESS COVERAGE FOR PHYSICIANS OR DENTISTS THAT  IS  ELIGIBLE
 TO  BE  PAID  FOR  FROM FUNDS AVAILABLE IN THE HOSPITAL EXCESS LIABILITY
 POOL.
   (A) NOTWITHSTANDING ANY LAW TO THE CONTRARY,  FOR  ANY  POLICY  PERIOD
 BEGINNING  ON  OR AFTER JULY 1, 2021, EXCESS COVERAGE SHALL BE PURCHASED
 BY A PHYSICIAN OR DENTIST DIRECTLY FROM A PROVIDER OF  EXCESS  INSURANCE
 COVERAGE OR EQUIVALENT EXCESS COVERAGE.  AT THE CONCLUSION OF THE POLICY
 PERIOD  THE SUPERINTENDENT OF FINANCIAL SERVICES AND THE COMMISSIONER OF
 HEALTH OR THEIR DESIGNEE SHALL, FROM FUNDS  AVAILABLE  IN  THE  HOSPITAL
 EXCESS LIABILITY POOL CREATED PURSUANT TO SUBDIVISION 5 OF THIS SECTION,
 REIMBURSE  FIFTY PERCENT OF THE PREMIUM TO THE PHYSICIAN OR DENTIST, AND
 THE REMAINING FIFTY PERCENT SHALL BE PAID ONE YEAR  THEREAFTER.  IF  THE
 FUNDS  AVAILABLE  IN THE HOSPITAL EXCESS LIABILITY POOL ARE INSUFFICIENT
 TO MEET THE PERCENT OF THE COSTS OF THE EXCESS COVERAGE, THE  PROVISIONS
 OF SUBDIVISION 8 OF THIS SECTION SHALL APPLY.
   (B)  NO  PROVIDER  OF  EXCESS  INSURANCE COVERAGE OR EQUIVALENT EXCESS
 COVERAGE SHALL ISSUE EXCESS COVERAGE TO WHICH THIS  SUBDIVISION  APPLIES
 TO  ANY  PHYSICIAN OR DENTIST UNLESS THAT PHYSICIAN OR DENTIST MEETS THE
 S. 8007                            105                           A. 9007
 
 ELIGIBILITY REQUIREMENTS FOR SUCH COVERAGE SET FORTH  IN  THIS  SECTION.
 THE  SUPERINTENDENT OF FINANCIAL SERVICES AND THE COMMISSIONER OF HEALTH
 OR THEIR DESIGNEE SHALL NOT MAKE ANY PAYMENT UNDER THIS SUBDIVISION TO A
 PHYSICIAN  OR DENTIST WHO DOES NOT MEET THE ELIGIBILITY REQUIREMENTS FOR
 PARTICIPATION IN THE HOSPITAL EXCESS LIABILITY POOL PROGRAM SET FORTH IN
 THIS SECTION.
   (C) THE SUPERINTENDENT OF FINANCIAL SERVICES IN CONSULTATION WITH  THE
 COMMISSIONER  OF  HEALTH MAY PROMULGATE REGULATIONS GIVING EFFECT TO THE
 PROVISIONS OF THIS SUBDIVISION.
   § 2. Paragraph (a) of subdivision 1 of section 18 of  chapter  266  of
 the  laws  of  1986, amending the civil practice law and rules and other
 laws relating  to  malpractice  and  professional  medical  conduct,  as
 amended  by  section  1  of part K of chapter 57 of the laws of 2021, is
 amended to read as follows:
   (a) The superintendent of financial services and the  commissioner  of
 health  or  their  designee  shall, from funds available in the hospital
 excess liability pool created pursuant to subdivision 5 of this section,
 purchase a policy or policies for excess insurance coverage, as  author-
 ized  by  paragraph 1 of subsection (e) of section 5502 of the insurance
 law; or from an insurer, other than an insurer described in section 5502
 of the insurance law, duly authorized to write such coverage and actual-
 ly writing  medical  malpractice  insurance  in  this  state;  or  shall
 purchase equivalent excess coverage in a form previously approved by the
 superintendent  of  financial  services for purposes of providing equiv-
 alent excess coverage in accordance with section 19 of  chapter  294  of
 the  laws of 1985, for medical or dental malpractice occurrences between
 July 1, 1986 and June 30, 1987, between July 1, 1987 and June 30,  1988,
 between  July  1,  1988 and June 30, 1989, between July 1, 1989 and June
 30, 1990, between July 1, 1990 and June 30, 1991, between July  1,  1991
 and  June 30, 1992, between July 1, 1992 and June 30, 1993, between July
 1, 1993 and June 30, 1994, between July  1,  1994  and  June  30,  1995,
 between  July  1,  1995 and June 30, 1996, between July 1, 1996 and June
 30, 1997, between July 1, 1997 and June 30, 1998, between July  1,  1998
 and  June 30, 1999, between July 1, 1999 and June 30, 2000, between July
 1, 2000 and June 30, 2001, between July  1,  2001  and  June  30,  2002,
 between  July  1,  2002 and June 30, 2003, between July 1, 2003 and June
 30, 2004, between July 1, 2004 and June 30, 2005, between July  1,  2005
 and  June 30, 2006, between July 1, 2006 and June 30, 2007, between July
 1, 2007 and June 30, 2008, between July  1,  2008  and  June  30,  2009,
 between  July  1,  2009 and June 30, 2010, between July 1, 2010 and June
 30, 2011, between July 1, 2011 and June 30, 2012, between July  1,  2012
 and  June 30, 2013, between July 1, 2013 and June 30, 2014, between July
 1, 2014 and June 30, 2015, between July  1,  2015  and  June  30,  2016,
 between  July  1,  2016 and June 30, 2017, between July 1, 2017 and June
 30, 2018, between July 1, 2018 and June 30, 2019, between July  1,  2019
 and June 30, 2020, between July 1, 2020 and June 30, 2021, [and] between
 July  1,  2021  and June 30, 2022, AND BETWEEN JULY 1, 2022 AND JUNE 30,
 2023 or reimburse the hospital where the hospital  purchases  equivalent
 excess  coverage  as  defined  in  subparagraph  (i) of paragraph (a) of
 subdivision 1-a of this section for medical or dental malpractice occur-
 rences between July 1, 1987 and June 30, 1988, between July 1, 1988  and
 June  30,  1989, between July 1, 1989 and June 30, 1990, between July 1,
 1990 and June 30, 1991, between July 1, 1991 and June 30, 1992,  between
 July  1, 1992 and June 30, 1993, between July 1, 1993 and June 30, 1994,
 between July 1, 1994 and June 30, 1995, between July 1,  1995  and  June
 30,  1996,  between July 1, 1996 and June 30, 1997, between July 1, 1997
 S. 8007                            106                           A. 9007
 
 and June 30, 1998, between July 1, 1998 and June 30, 1999, between  July
 1,  1999  and  June  30,  2000,  between July 1, 2000 and June 30, 2001,
 between July 1, 2001 and June 30, 2002, between July 1,  2002  and  June
 30,  2003,  between July 1, 2003 and June 30, 2004, between July 1, 2004
 and June 30, 2005, between July 1, 2005 and June 30, 2006, between  July
 1,  2006  and  June  30,  2007,  between July 1, 2007 and June 30, 2008,
 between July 1, 2008 and June 30, 2009, between July 1,  2009  and  June
 30,  2010,  between July 1, 2010 and June 30, 2011, between July 1, 2011
 and June 30, 2012, between July 1, 2012 and June 30, 2013, between  July
 1,  2013  and  June  30,  2014,  between July 1, 2014 and June 30, 2015,
 between July 1, 2015 and June 30, 2016, between July 1,  2016  and  June
 30,  2017,  between July 1, 2017 and June 30, 2018, between July 1, 2018
 and June 30, 2019, between July 1, 2019 and June 30, 2020, between  July
 1, 2020 and June 30, 2021, [and] between July 1, 2021 and June 30, 2022,
 AND  BETWEEN  JULY  1, 2022 AND JUNE 30, 2023 for physicians or dentists
 certified as eligible for each such period or periods pursuant to subdi-
 vision 2 of this section by a  general  hospital  licensed  pursuant  to
 article  28  of  the  public health law; provided that no single insurer
 shall write more than fifty percent of the total excess  premium  for  a
 given  policy year; and provided, however, that such eligible physicians
 or dentists must have in force an individual  policy,  from  an  insurer
 licensed  in  this  state  of  primary malpractice insurance coverage in
 amounts of no less than one million three hundred thousand  dollars  for
 each  claimant  and  three million nine hundred thousand dollars for all
 claimants under that policy during the period of  such  excess  coverage
 for  such  occurrences  or  be  endorsed  as additional insureds under a
 hospital professional liability policy which is offered through a volun-
 tary attending physician ("channeling") program previously permitted  by
 the  superintendent  of  financial  services  during  the period of such
 excess coverage for such occurrences. During such  period,  such  policy
 for  excess  coverage  or  such  equivalent  excess coverage shall, when
 combined with the physician's or dentist's primary malpractice insurance
 coverage or coverage provided through a  voluntary  attending  physician
 ("channeling")  program,  total  an aggregate level of two million three
 hundred thousand dollars for each claimant and six million nine  hundred
 thousand  dollars  for all claimants from all such policies with respect
 to occurrences in each of such years provided, however, if the  cost  of
 primary malpractice insurance coverage in excess of one million dollars,
 but  below  the  excess  medical malpractice insurance coverage provided
 pursuant to this act, exceeds the rate of nine percent per  annum,  then
 the  required  level of primary malpractice insurance coverage in excess
 of one million dollars for each claimant shall be in an  amount  of  not
 less  than  the dollar amount of such coverage available at nine percent
 per annum; the required level of such coverage for all  claimants  under
 that  policy  shall be in an amount not less than three times the dollar
 amount of coverage for each claimant; and excess coverage, when combined
 with such primary malpractice insurance  coverage,  shall  increase  the
 aggregate  level  for  each  claimant  by  one million dollars and three
 million dollars for all claimants;  and  provided  further,  that,  with
 respect to policies of primary medical malpractice coverage that include
 occurrences  between  April  1, 2002 and June 30, 2002, such requirement
 that coverage be in amounts no less than one million three hundred thou-
 sand dollars for each claimant and three million nine  hundred  thousand
 dollars  for all claimants for such occurrences shall be effective April
 1, 2002.
 S. 8007                            107                           A. 9007
 
   § 3. Subdivision 3 of section 18 of chapter 266 of the laws  of  1986,
 amending  the  civil  practice  law and rules and other laws relating to
 malpractice and professional medical conduct, as amended by section 2 of
 part K of chapter 57 of the laws of 2021, is amended to read as follows:
   (3)(a)  The  superintendent  of financial services shall determine and
 certify to each general hospital and to the commissioner of  health  the
 cost  of  excess malpractice insurance for medical or dental malpractice
 occurrences between July 1, 1986 and June 30, 1987, between July 1, 1988
 and June 30, 1989, between July 1, 1989 and June 30, 1990, between  July
 1,  1990  and  June  30,  1991,  between July 1, 1991 and June 30, 1992,
 between July 1, 1992 and June 30, 1993, between July 1,  1993  and  June
 30,  1994,  between July 1, 1994 and June 30, 1995, between July 1, 1995
 and June 30, 1996, between July 1, 1996 and June 30, 1997, between  July
 1,  1997  and  June  30,  1998,  between July 1, 1998 and June 30, 1999,
 between July 1, 1999 and June 30, 2000, between July 1,  2000  and  June
 30,  2001,  between July 1, 2001 and June 30, 2002, between July 1, 2002
 and June 30, 2003, between July 1, 2003 and June 30, 2004, between  July
 1,  2004  and  June  30,  2005,  between July 1, 2005 and June 30, 2006,
 between July 1, 2006 and June 30, 2007, between July 1,  2007  and  June
 30,  2008,  between July 1, 2008 and June 30, 2009, between July 1, 2009
 and June 30, 2010, between July 1, 2010 and June 30, 2011, between  July
 1,  2011  and  June  30,  2012,  between July 1, 2012 and June 30, 2013,
 between July 1, 2013 and June 30, 2014, between July 1,  2014  and  June
 30,  2015,  between July 1, 2015 and June 30, 2016, between July 1, 2016
 and June 30, 2017, between July 1, 2017 and June 30, 2018, between  July
 1,  2018  and  June  30,  2019,  between July 1, 2019 and June 30, 2020,
 between July 1, 2020 and June 30, 2021, [and] between July 1,  2021  and
 June  30,  2022, AND BETWEEN JULY 1, 2022 AND JUNE 30, 2023 allocable to
 each general hospital for physicians or dentists certified  as  eligible
 for  purchase  of a policy for excess insurance coverage by such general
 hospital in accordance with subdivision 2 of this section, and may amend
 such determination and certification as necessary.
   (b) The superintendent  of  financial  services  shall  determine  and
 certify  to  each general hospital and to the commissioner of health the
 cost of excess malpractice insurance or equivalent excess  coverage  for
 medical  or dental malpractice occurrences between July 1, 1987 and June
 30, 1988, between July 1, 1988 and June 30, 1989, between July  1,  1989
 and  June 30, 1990, between July 1, 1990 and June 30, 1991, between July
 1, 1991 and June 30, 1992, between July  1,  1992  and  June  30,  1993,
 between  July  1,  1993 and June 30, 1994, between July 1, 1994 and June
 30, 1995, between July 1, 1995 and June 30, 1996, between July  1,  1996
 and  June 30, 1997, between July 1, 1997 and June 30, 1998, between July
 1, 1998 and June 30, 1999, between July  1,  1999  and  June  30,  2000,
 between  July  1,  2000 and June 30, 2001, between July 1, 2001 and June
 30, 2002, between July 1, 2002 and June 30, 2003, between July  1,  2003
 and  June 30, 2004, between July 1, 2004 and June 30, 2005, between July
 1, 2005 and June 30, 2006, between July  1,  2006  and  June  30,  2007,
 between  July  1,  2007 and June 30, 2008, between July 1, 2008 and June
 30, 2009, between July 1, 2009 and June 30, 2010, between July  1,  2010
 and  June 30, 2011, between July 1, 2011 and June 30, 2012, between July
 1, 2012 and June 30, 2013, between July  1,  2013  and  June  30,  2014,
 between  July  1,  2014 and June 30, 2015, between July 1, 2015 and June
 30, 2016, between July 1, 2016 and June 30, 2017, between July  1,  2017
 and  June 30, 2018, between July 1, 2018 and June 30, 2019, between July
 1, 2019 and June 30, 2020, between July 1, 2020 and June 30, 2021, [and]
 between July 1, 2021 and June 30, 2022, AND BETWEEN  JULY  1,  2022  AND
 S. 8007                            108                           A. 9007
 
 JUNE  30,  2023  allocable  to  each  general hospital for physicians or
 dentists certified as eligible for  purchase  of  a  policy  for  excess
 insurance  coverage or equivalent excess coverage by such general hospi-
 tal in accordance with subdivision 2 of this section, and may amend such
 determination  and  certification  as  necessary.  The superintendent of
 financial services shall determine and certify to each general  hospital
 and to the commissioner of health the ratable share of such cost alloca-
 ble to the period July 1, 1987 to December 31, 1987, to the period Janu-
 ary 1, 1988 to June 30, 1988, to the period July 1, 1988 to December 31,
 1988, to the period January 1, 1989 to June 30, 1989, to the period July
 1,  1989 to December 31, 1989, to the period January 1, 1990 to June 30,
 1990, to the period July 1, 1990 to December 31,  1990,  to  the  period
 January 1, 1991 to June 30, 1991, to the period July 1, 1991 to December
 31,  1991, to the period January 1, 1992 to June 30, 1992, to the period
 July 1, 1992 to December 31, 1992, to the period January 1, 1993 to June
 30, 1993, to the period July 1, 1993 to December 31, 1993, to the period
 January 1, 1994 to June 30, 1994, to the period July 1, 1994 to December
 31, 1994, to the period January 1, 1995 to June 30, 1995, to the  period
 July 1, 1995 to December 31, 1995, to the period January 1, 1996 to June
 30, 1996, to the period July 1, 1996 to December 31, 1996, to the period
 January 1, 1997 to June 30, 1997, to the period July 1, 1997 to December
 31,  1997, to the period January 1, 1998 to June 30, 1998, to the period
 July 1, 1998 to December 31, 1998, to the period January 1, 1999 to June
 30, 1999, to the period July 1, 1999 to December 31, 1999, to the period
 January 1, 2000 to June 30, 2000, to the period July 1, 2000 to December
 31, 2000, to the period January 1, 2001 to June 30, 2001, to the  period
 July  1,  2001  to June 30, 2002, to the period July 1, 2002 to June 30,
 2003, to the period July 1, 2003 to June 30, 2004, to the period July 1,
 2004 to June 30, 2005, to the period July 1, 2005 and June 30, 2006,  to
 the  period  July  1, 2006 and June 30, 2007, to the period July 1, 2007
 and June 30, 2008, to the period July 1, 2008 and June 30, 2009, to  the
 period  July  1,  2009 and June 30, 2010, to the period July 1, 2010 and
 June 30, 2011, to the period July 1, 2011 and  June  30,  2012,  to  the
 period  July  1,  2012 and June 30, 2013, to the period July 1, 2013 and
 June 30, 2014, to the period July 1, 2014 and  June  30,  2015,  to  the
 period  July  1,  2015 and June 30, 2016, to the period July 1, 2016 and
 June 30, 2017, to the period July 1, 2017 to June 30, 2018, to the peri-
 od July 1, 2018 to June 30, 2019, to the period July 1, 2019 to June 30,
 2020, to the period July 1, 2020 to June 30, 2021, [and] to  the  period
 July  1,  2021  to June 30, 2022, AND TO THE PERIOD JULY 1, 2022 TO JUNE
 30, 2023.
   § 4. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of section
 18 of chapter 266 of the laws of 1986, amending the civil  practice  law
 and  rules  and  other  laws  relating  to  malpractice and professional
 medical conduct, as amended by section 3 of part K of chapter 57 of  the
 laws of 2021, are amended to read as follows:
   (a)  To  the  extent  funds available to the hospital excess liability
 pool pursuant to subdivision 5 of this section as amended, and  pursuant
 to  section  6  of part J of chapter 63 of the laws of 2001, as may from
 time to time be amended, which amended this  subdivision,  are  insuffi-
 cient  to  meet  the  costs  of  excess insurance coverage or equivalent
 excess coverage for coverage periods during the period July 1,  1992  to
 June  30,  1993, during the period July 1, 1993 to June 30, 1994, during
 the period July 1, 1994 to June 30, 1995, during the period July 1, 1995
 to June 30, 1996, during the period July  1,  1996  to  June  30,  1997,
 during  the period July 1, 1997 to June 30, 1998, during the period July
 S. 8007                            109                           A. 9007
 
 1, 1998 to June 30, 1999, during the period July 1,  1999  to  June  30,
 2000, during the period July 1, 2000 to June 30, 2001, during the period
 July  1,  2001  to  October 29, 2001, during the period April 1, 2002 to
 June  30,  2002, during the period July 1, 2002 to June 30, 2003, during
 the period July 1, 2003 to June 30, 2004, during the period July 1, 2004
 to June 30, 2005, during the period July  1,  2005  to  June  30,  2006,
 during  the period July 1, 2006 to June 30, 2007, during the period July
 1, 2007 to June 30, 2008, during the period July 1,  2008  to  June  30,
 2009, during the period July 1, 2009 to June 30, 2010, during the period
 July  1,  2010  to June 30, 2011, during the period July 1, 2011 to June
 30, 2012, during the period July 1, 2012 to June 30,  2013,  during  the
 period  July 1, 2013 to June 30, 2014, during the period July 1, 2014 to
 June 30, 2015, during the period July 1, 2015 to June 30,  2016,  during
 the period July 1, 2016 to June 30, 2017, during the period July 1, 2017
 to  June  30,  2018,  during  the  period July 1, 2018 to June 30, 2019,
 during the period July 1, 2019 to June 30, 2020, during the period  July
 1,  2020  to June 30, 2021, [and] during the period July 1, 2021 to June
 30, 2022, AND DURING THE PERIOD JULY 1, 2022 TO JUNE 30, 2023  allocated
 or  reallocated  in  accordance with paragraph (a) of subdivision 4-a of
 this section to rates of payment applicable to state governmental  agen-
 cies,  each  physician or dentist for whom a policy for excess insurance
 coverage or equivalent excess coverage  is  purchased  for  such  period
 shall  be  responsible  for  payment to the provider of excess insurance
 coverage or equivalent excess coverage of an  allocable  share  of  such
 insufficiency, based on the ratio of the total cost of such coverage for
 such  physician  to  the  sum of the total cost of such coverage for all
 physicians applied to such insufficiency.
   (b) Each provider of excess insurance coverage  or  equivalent  excess
 coverage  covering the period July 1, 1992 to June 30, 1993, or covering
 the period July 1, 1993 to June 30, 1994, or covering the period July 1,
 1994 to June 30, 1995, or covering the period July 1, 1995 to  June  30,
 1996,  or covering the period July 1, 1996 to June 30, 1997, or covering
 the period July 1, 1997 to June 30, 1998, or covering the period July 1,
 1998 to June 30, 1999, or covering the period July 1, 1999 to  June  30,
 2000,  or covering the period July 1, 2000 to June 30, 2001, or covering
 the period July 1, 2001 to October 29,  2001,  or  covering  the  period
 April  1,  2002 to June 30, 2002, or covering the period July 1, 2002 to
 June 30, 2003, or covering the period July 1, 2003 to June 30, 2004,  or
 covering the period July 1, 2004 to June 30, 2005, or covering the peri-
 od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
 June  30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
 covering the period July 1, 2008 to June 30, 2009, or covering the peri-
 od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
 June 30, 2011, or covering the period July 1, 2011 to June 30, 2012,  or
 covering the period July 1, 2012 to June 30, 2013, or covering the peri-
 od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
 June  30, 2015, or covering the period July 1, 2015 to June 30, 2016, or
 covering the period July 1, 2016 to June 30, 2017, or covering the peri-
 od July 1, 2017 to June 30, 2018, or covering the period July 1, 2018 to
 June 30, 2019, or covering the period July 1, 2019 to June 30, 2020,  or
 covering the period July 1, 2020 to June 30, 2021, or covering the peri-
 od July 1, 2021 to June 30, 2022, OR COVERING THE PERIOD JULY 1, 2022 TO
 JUNE  30,  2023  shall  notify  a  covered physician or dentist by mail,
 mailed to the address shown on the last application for excess insurance
 coverage or equivalent excess  coverage,  of  the  amount  due  to  such
 provider  from such physician or dentist for such coverage period deter-
 S. 8007                            110                           A. 9007
 
 mined in accordance with paragraph (a) of this subdivision. Such  amount
 shall  be  due from such physician or dentist to such provider of excess
 insurance coverage or equivalent excess coverage in a  time  and  manner
 determined by the superintendent of financial services.
   (c)  If  a physician or dentist liable for payment of a portion of the
 costs of excess insurance coverage or equivalent excess coverage  cover-
 ing  the  period  July  1, 1992 to June 30, 1993, or covering the period
 July 1, 1993 to June 30, 1994, or covering the period July  1,  1994  to
 June  30, 1995, or covering the period July 1, 1995 to June 30, 1996, or
 covering the period July 1, 1996 to June 30, 1997, or covering the peri-
 od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
 June 30, 1999, or covering the period July 1, 1999 to June 30, 2000,  or
 covering the period July 1, 2000 to June 30, 2001, or covering the peri-
 od  July  1,  2001  to October 29, 2001, or covering the period April 1,
 2002 to June 30, 2002, or covering the period July 1, 2002 to  June  30,
 2003,  or covering the period July 1, 2003 to June 30, 2004, or covering
 the period July 1, 2004 to June 30, 2005, or covering the period July 1,
 2005 to June 30, 2006, or covering the period July 1, 2006 to  June  30,
 2007,  or covering the period July 1, 2007 to June 30, 2008, or covering
 the period July 1, 2008 to June 30, 2009, or covering the period July 1,
 2009 to June 30, 2010, or covering the period July 1, 2010 to  June  30,
 2011,  or covering the period July 1, 2011 to June 30, 2012, or covering
 the period July 1, 2012 to June 30, 2013, or covering the period July 1,
 2013 to June 30, 2014, or covering the period July 1, 2014 to  June  30,
 2015,  or covering the period July 1, 2015 to June 30, 2016, or covering
 the period July 1, 2016 to June 30, 2017, or covering the period July 1,
 2017 to June 30, 2018, or covering the period July 1, 2018 to  June  30,
 2019,  or covering the period July 1, 2019 to June 30, 2020, or covering
 the period July 1, 2020 to June 30, 2021, or covering the period July 1,
 2021 to June 30, 2022, OR COVERING THE PERIOD JULY 1, 2022 TO  JUNE  30,
 2023  determined  in  accordance  with paragraph (a) of this subdivision
 fails, refuses or neglects to make payment to  the  provider  of  excess
 insurance coverage or equivalent excess coverage in such time and manner
 as  determined  by  the superintendent of financial services pursuant to
 paragraph (b) of this subdivision, excess insurance coverage  or  equiv-
 alent excess coverage purchased for such physician or dentist in accord-
 ance  with  this section for such coverage period shall be cancelled and
 shall be null and void as of the first day on or after the  commencement
 of  a  policy  period  where  the liability for payment pursuant to this
 subdivision has not been met.
   (d) Each provider of excess insurance coverage  or  equivalent  excess
 coverage  shall  notify the superintendent of financial services and the
 commissioner of health or their designee of each physician  and  dentist
 eligible  for  purchase  of  a  policy  for excess insurance coverage or
 equivalent excess coverage covering the period July 1, 1992 to June  30,
 1993,  or covering the period July 1, 1993 to June 30, 1994, or covering
 the period July 1, 1994 to June 30, 1995, or covering the period July 1,
 1995 to June 30, 1996, or covering the period July 1, 1996 to  June  30,
 1997,  or covering the period July 1, 1997 to June 30, 1998, or covering
 the period July 1, 1998 to June 30, 1999, or covering the period July 1,
 1999 to June 30, 2000, or covering the period July 1, 2000 to  June  30,
 2001, or covering the period July 1, 2001 to October 29, 2001, or cover-
 ing  the  period  April 1, 2002 to June 30, 2002, or covering the period
 July 1, 2002 to June 30, 2003, or covering the period July  1,  2003  to
 June  30, 2004, or covering the period July 1, 2004 to June 30, 2005, or
 covering the period July 1, 2005 to June 30, 2006, or covering the peri-
 S. 8007                            111                           A. 9007
 
 od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to
 June 30, 2008, or covering the period July 1, 2008 to June 30, 2009,  or
 covering the period July 1, 2009 to June 30, 2010, or covering the peri-
 od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to
 June  30, 2012, or covering the period July 1, 2012 to June 30, 2013, or
 covering the period July 1, 2013 to June 30, 2014, or covering the peri-
 od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
 June 30, 2016, or covering the period July 1, 2016 to June 30, 2017,  or
 covering the period July 1, 2017 to June 30, 2018, or covering the peri-
 od July 1, 2018 to June 30, 2019, or covering the period July 1, 2019 to
 June  30, 2020, or covering the period July 1, 2020 to June 30, 2021, or
 covering the period July 1, 2021 to June 30, 2022, OR COVERING THE PERI-
 OD JULY 1, 2022 TO JUNE 1, 2023 that has made payment to  such  provider
 of excess insurance coverage or equivalent excess coverage in accordance
 with paragraph (b) of this subdivision and of each physician and dentist
 who has failed, refused or neglected to make such payment.
   (e)  A  provider  of  excess  insurance  coverage or equivalent excess
 coverage shall refund to the hospital excess liability pool  any  amount
 allocable to the period July 1, 1992 to June 30, 1993, and to the period
 July  1,  1993  to June 30, 1994, and to the period July 1, 1994 to June
 30, 1995, and to the period July 1, 1995 to June 30, 1996,  and  to  the
 period  July 1, 1996 to June 30, 1997, and to the period July 1, 1997 to
 June 30, 1998, and to the period July 1, 1998 to June 30, 1999,  and  to
 the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000
 to  June  30,  2001, and to the period July 1, 2001 to October 29, 2001,
 and to the period April 1, 2002 to June 30, 2002, and to the period July
 1, 2002 to June 30, 2003, and to the period July 1,  2003  to  June  30,
 2004, and to the period July 1, 2004 to June 30, 2005, and to the period
 July  1,  2005  to June 30, 2006, and to the period July 1, 2006 to June
 30, 2007, and to the period July 1, 2007 to June 30, 2008,  and  to  the
 period  July 1, 2008 to June 30, 2009, and to the period July 1, 2009 to
 June 30, 2010, and to the period July 1, 2010 to June 30, 2011,  and  to
 the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012
 to  June  30, 2013, and to the period July 1, 2013 to June 30, 2014, and
 to the period July 1, 2014 to June 30, 2015, and to the period  July  1,
 2015  to June 30, 2016, to the period July 1, 2016 to June 30, 2017, and
 to the period July 1, 2017 to June 30, 2018, and to the period  July  1,
 2018  to June 30, 2019, and to the period July 1, 2019 to June 30, 2020,
 and to the period July 1, 2020 to June 30, 2021, and to the period  July
 1,  2021  to  June  30, 2022, AND TO THE PERIOD JULY 1, 2022 TO JUNE 30,
 2023 received from the hospital excess liability pool  for  purchase  of
 excess  insurance  coverage  or  equivalent excess coverage covering the
 period July 1, 1992 to June 30, 1993, and covering the  period  July  1,
 1993  to June 30, 1994, and covering the period July 1, 1994 to June 30,
 1995, and covering the period July 1, 1995 to June 30, 1996, and  cover-
 ing  the  period  July 1, 1996 to June 30, 1997, and covering the period
 July 1, 1997 to June 30, 1998, and covering the period July 1,  1998  to
 June  30,  1999,  and covering the period July 1, 1999 to June 30, 2000,
 and covering the period July 1, 2000 to June 30, 2001, and covering  the
 period  July  1, 2001 to October 29, 2001, and covering the period April
 1, 2002 to June 30, 2002, and covering the period July 1, 2002  to  June
 30,  2003,  and  covering  the period July 1, 2003 to June 30, 2004, and
 covering the period July 1, 2004 to June  30,  2005,  and  covering  the
 period  July  1,  2005 to June 30, 2006, and covering the period July 1,
 2006 to June 30, 2007, and covering the period July 1, 2007 to June  30,
 2008,  and covering the period July 1, 2008 to June 30, 2009, and cover-
 S. 8007                            112                           A. 9007
 
 ing the period July 1, 2009 to June 30, 2010, and  covering  the  period
 July  1,  2010 to June 30, 2011, and covering the period July 1, 2011 to
 June 30, 2012, and covering the period July 1, 2012 to  June  30,  2013,
 and  covering the period July 1, 2013 to June 30, 2014, and covering the
 period July 1, 2014 to June 30, 2015, and covering the  period  July  1,
 2015  to June 30, 2016, and covering the period July 1, 2016 to June 30,
 2017, and covering the period July 1, 2017 to June 30, 2018, and  cover-
 ing  the  period  July 1, 2018 to June 30, 2019, and covering the period
 July 1, 2019 to June 30, 2020, and covering the period July 1,  2020  to
 June  30,  2021,  and covering the period July 1, 2021 to June 30, 2022,
 AND COVERING THE PERIOD JULY 1, 2022 TO JUNE 30, 2023 for a physician or
 dentist where such excess insurance coverage or equivalent excess cover-
 age is cancelled in accordance with paragraph (c) of this subdivision.
   § 5. 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 K of chap-
 ter 57 of the laws of 2021, 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,
 [2022] 2023; 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, [2022]
 2023, at which time and thereafter such surcharge shall not exceed twen-
 ty-five percent of the approved adequate  rate,  and  that  such  annual
 surcharges shall continue for such period of time as shall be sufficient
 to  satisfy  such  deficiency.  The superintendent shall not impose such
 surcharge during the period commencing July 1, 2009 and ending June  30,
 2010.  On  and  after  July  1,  1989,  the surcharge prescribed by this
 section shall be retained by insurers to the extent  that  they  insured
 physicians  and surgeons during the July 1, 1985 through June 30, [2022]
 2023 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
 S. 8007                            113                           A. 9007
 
 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.
   § 6. Section 5 and subdivisions (a) and (e) of section 6 of part J  of
 chapter  63  of  the  laws  of 2001, amending chapter 266 of the laws of
 1986, amending the civil practice law and rules and other laws  relating
 to malpractice and professional medical conduct, as amended by section 5
 of  part  K  of  chapter  57 of the laws of 2021, are amended to read as
 follows:
   § 5. The superintendent of financial services and the commissioner  of
 health shall determine, no later than June 15, 2002, June 15, 2003, June
 15,  2004,  June  15, 2005, June 15, 2006, June 15, 2007, June 15, 2008,
 June 15, 2009, June 15, 2010, June 15, 2011, June  15,  2012,  June  15,
 2013,  June  15, 2014, June 15, 2015, June 15, 2016, June 15, 2017, June
 15, 2018, June 15, 2019, June 15, 2020, June 15, 2021,  [and]  June  15,
 2022,  AND  JUNE  15, 2023 the amount of funds available in the hospital
 excess liability pool, created pursuant to section 18 of chapter 266  of
 the  laws of 1986, and whether such funds are sufficient for purposes of
 purchasing excess insurance coverage for eligible  participating  physi-
 cians  and  dentists during the period July 1, 2001 to June 30, 2002, or
 July 1, 2002 to June 30, 2003, or July 1, 2003 to June 30, 2004, or July
 1, 2004 to June 30, 2005, or July 1, 2005 to June 30, 2006, or  July  1,
 2006 to June 30, 2007, or July 1, 2007 to June 30, 2008, or July 1, 2008
 to  June  30, 2009, or July 1, 2009 to June 30, 2010, or July 1, 2010 to
 June 30, 2011, or July 1, 2011 to June 30, 2012, or July 1, 2012 to June
 30, 2013, or July 1, 2013 to June 30, 2014, or July 1, 2014 to June  30,
 2015,  or  July  1,  2015  to June 30, 2016, or July 1, 2016 to June 30,
 2017, or July 1, 2017 to June 30, 2018, or July  1,  2018  to  June  30,
 2019,  or  July  1,  2019  to June 30, 2020, or July 1, 2020 to June 30,
 2021, or July 1, 2021 to June 30, 2022, OR JULY 1, 2022 TO JUNE 30, 2023
 as applicable.
   (a) This section shall be effective only upon a determination,  pursu-
 ant  to  section  five  of  this act, by the superintendent of financial
 services and the commissioner of health, and  a  certification  of  such
 determination  to  the  state  director  of the budget, the chair of the
 senate committee on finance and the chair of the assembly  committee  on
 ways  and means, that the amount of funds in the hospital excess liabil-
 S. 8007                            114                           A. 9007

 ity pool, created pursuant to section 18 of chapter 266 of the  laws  of
 1986, is insufficient for purposes of purchasing excess insurance cover-
 age for eligible participating physicians and dentists during the period
 July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July
 1,  2003  to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1,
 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007
 to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1,  2009  to
 June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June
 30,  2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June 30,
 2014, or July 1, 2014 to June 30, 2015, or July  1,  2015  to  June  30,
 2016,  or  July  1,  2016  to June 30, 2017, or July 1, 2017 to June 30,
 2018, or July 1, 2018 to June 30, 2019, or July  1,  2019  to  June  30,
 2020,  or  July  1,  2020  to June 30, 2021, or July 1, 2021 to June 30,
 2022, OR JULY 1, 2022 TO JUNE 30, 2023 as applicable.
   (e) The commissioner of health  shall  transfer  for  deposit  to  the
 hospital excess liability pool created pursuant to section 18 of chapter
 266  of  the laws of 1986 such amounts as directed by the superintendent
 of financial services for the purchase  of  excess  liability  insurance
 coverage  for  eligible  participating  physicians  and dentists for the
 policy year July 1, 2001 to June 30, 2002, or July 1, 2002 to  June  30,
 2003,  or  July  1,  2003  to June 30, 2004, or July 1, 2004 to June 30,
 2005, or July 1, 2005 to June 30, 2006, or July  1,  2006  to  June  30,
 2007,  as  applicable, and the cost of administering the hospital excess
 liability pool for such applicable policy year,  pursuant to the program
 established in chapter 266 of the laws of 1986,  as  amended,  no  later
 than  June  15,  2002, June 15, 2003, June 15, 2004, June 15, 2005, June
 15, 2006, June 15, 2007, June 15, 2008, June 15, 2009,  June  15,  2010,
 June  15,  2011,  June  15, 2012, June 15, 2013, June 15, 2014, June 15,
 2015, June 15, 2016, June 15, 2017, June 15, 2018, June 15,  2019,  June
 15,  2020,  June  15,  2021,  [and]  June 15, 2022, AND JUNE 15, 2023 as
 applicable.
   § 7. 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 thereto, as amended by section 6 of part  K
 of chapter 57 of the laws of 2021, 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  [twenty-one]  TWENTY-TWO,  shall be eligible to apply for
 such coverage for the coverage period beginning the first of  July,  two
 thousand [twenty-one] TWENTY-TWO; 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 [twenty-one] TWENTY-TWO exceeds the total number
 of physicians or dentists certified as eligible for the coverage  period
 beginning  the first of July, two thousand [twenty-one] TWENTY-TWO, 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
 [twenty-one] TWENTY-TWO, as applied to the difference between the number
 of eligible physicians or dentists for whom a policy for excess coverage
 S. 8007                            115                           A. 9007
 
 or  equivalent  excess  coverage  was  purchased for the coverage period
 ending the thirtieth of June, two thousand [twenty-one]  TWENTY-TWO  and
 the  number of such eligible physicians or dentists who have applied for
 excess  coverage  or  equivalent excess coverage for the coverage period
 beginning the first of July, two thousand [twenty-one] TWENTY-TWO.
   § 8. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2022.
 
                                  PART AA
 
   Section  1.   This act enacts into law major components of legislation
 relating to the federal no surprises act  and  administrative  simplifi-
 cation.   Each component is wholly contained within a Subpart identified
 as Subparts  A  through  C.  The  effective  date  for  each  particular
 provision contained within such Subpart is set forth in the last section
 of  such  Subpart.  Any  provision  in  any  section  contained within a
 Subpart, including the effective date of  the  Subpart,  which  makes  a
 reference  to a section "of this act", when used in connection with that
 particular component, shall be deemed to mean and refer  to  the  corre-
 sponding  section of the Subpart in which it is found.  Section three of
 this act sets forth the general effective date of this act.
 
                                 SUBPART A
 
   Section 1.  Section 601 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:
   § 601. Dispute  resolution  process  established.  The  superintendent
 shall  establish  a  dispute resolution process by which a dispute for a
 bill for emergency services or a surprise  bill  may  be  resolved.  The
 superintendent  shall  have the power to grant and revoke certifications
 of independent dispute resolution entities to conduct the dispute resol-
 ution process. The superintendent shall  promulgate  regulations  estab-
 lishing  standards for the dispute resolution process, including a proc-
 ess  for  certifying  and  selecting  independent   dispute   resolution
 entities.  An  independent  dispute resolution entity shall use licensed
 physicians in active practice in the same or similar  specialty  as  the
 physician  providing  the  service that is subject to the dispute resol-
 ution process of  this  article  FOR  DISPUTES  THAT  INVOLVE  PHYSICIAN
 SERVICES.  To the extent practicable, the physician shall be licensed in
 this  state.    DISPUTES  SHALL  BE  SUBMITTED TO AN INDEPENDENT DISPUTE
 RESOLUTION ENTITY WITHIN THREE YEARS OF THE DATE THE  HEALTH  CARE  PLAN
 MADE  THE  ORIGINAL  PAYMENT  ON  THE  CLAIM  THAT IS THE SUBJECT OF THE
 DISPUTE.
   § 2.  Subsection (b) of section 602 of the financial services  law  is
 REPEALED.
   §  3.  Subsection (h) of section 603 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:
   (h)  "Surprise bill" means a bill for health care services, other than
 emergency services, [received by] WITH RESPECT TO:
   (1) an insured for services rendered by  a  non-participating  [physi-
 cian]  PROVIDER  at  a  participating  hospital  or  ambulatory surgical
 center, where a participating [physician] PROVIDER is unavailable  or  a
 non-participating  [physician]  PROVIDER  renders  services  without the
 insured's knowledge, or unforeseen medical services arise  at  the  time
 S. 8007                            116                           A. 9007
 
 the  health  care  services  are  rendered;  provided,  however,  that a
 surprise bill shall not mean a bill received for  health  care  services
 when  a  participating [physician] PROVIDER is available and the insured
 has  elected  to  obtain  services  from a non-participating [physician]
 PROVIDER;
   (2) an insured for services rendered by a non-participating  provider,
 where  the services were referred by a participating physician to a non-
 participating provider without explicit written consent of  the  insured
 acknowledging  that the participating physician is referring the insured
 to a non-participating provider and that  the  referral  may  result  in
 costs not covered by the health care plan; or
   (3)  a patient who is not an insured for services rendered by a physi-
 cian at a hospital or ambulatory surgical center, where the patient  has
 not  timely received all of the disclosures required pursuant to section
 twenty-four of the public health law.
   § 4. Section 604 of the financial services law, as amended by  chapter
 377 of the laws of 2019, is amended to read as follows:
   §  604.  Criteria for determining a reasonable fee. In determining the
 appropriate amount to pay for a  health  care  service,  an  independent
 dispute  resolution  entity shall consider all relevant factors, includ-
 ing:
   (a) whether there is a gross disparity between the fee charged by  the
 [physician or hospital] PROVIDER for services rendered as compared to:
   (1) fees paid to the involved [physician or hospital] PROVIDER for the
 same  services rendered by the [physician or hospital] PROVIDER to other
 patients in health care plans  in  which  the  [physician  or  hospital]
 PROVIDER is not participating, and
   (2)  in  the case of a dispute involving a health care plan, fees paid
 by the health care plan to reimburse similarly qualified [physicians  or
 hospitals]  PROVIDERS  for  the same services in the same region who are
 not participating with the health care plan;
   (b) the level of training, education and experience of the [physician]
 HEALTH CARE PROFESSIONAL, and in the case of a  hospital,  the  teaching
 staff, scope of services and case mix;
   (c)  the  [physician's  and  hospital's]  PROVIDER'S  usual charge for
 comparable services with regard to patients  in  health  care  plans  in
 which the [physician or hospital] PROVIDER is not participating;
   (d) the circumstances and complexity of the particular case, including
 time and place of the service;
   (e) individual patient characteristics; [and, with regard to physician
 services,]
   (F) THE MEDIAN OF THE RATE RECOGNIZED BY THE HEALTH CARE PLAN TO REIM-
 BURSE  SIMILARLY QUALIFIED PROVIDERS FOR THE SAME OR SIMILAR SERVICES IN
 THE SAME REGION THAT ARE PARTICIPATING WITH THE HEALTH CARE PLAN; AND
   (G) WITH REGARD TO PHYSICIAN SERVICES, the usual and customary cost of
 the service.
   § 5. Subsections (a) and (c) of section 605 of the financial  services
 law,  as  amended by chapter 377 of the laws of 2019, paragraphs 1 and 2
 of subsection (a) as amended by section 1 of part YY of  chapter  56  of
 the laws of 2020, are amended to read as follows:
   (a)  Emergency  services  for  an insured. (1) When a health care plan
 receives a bill for emergency services from a non-participating  [physi-
 cian  or  hospital]  PROVIDER,  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 emergency services,
 including inpatient services  which  follow  an  emergency  room  visit,
 S. 8007                            117                           A. 9007
 
 rendered  by  the non-participating [physician or hospital] PROVIDER, 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] PROVID-
 ER.  [If an insured assigns benefits to a non-participating physician or
 hospital in relation to emergency services, including inpatient services
 which follow an emergency room visit, provided by such non-participating
 physician or hospital, the] THE non-participating [physician  or  hospi-
 tal]  PROVIDER  may bill the health care plan for the services rendered.
 Upon receipt of the bill, the health care plan shall pay the  non-parti-
 cipating  [physician or hospital] PROVIDER the amount prescribed by this
 section and any subsequent amount determined to be owed to  the  [physi-
 cian  or  hospital]  PROVIDER  in  relation  to  the  emergency services
 provided, including inpatient services which follow  an  emergency  room
 visit.
   (2)  A  non-participating [physician or hospital] PROVIDER 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.
   (3) The independent dispute resolution entity shall  make  a  determi-
 nation within thirty BUSINESS days of receipt of the dispute for review.
   (4)  In  determining  a  reasonable  fee for the services rendered, an
 independent dispute resolution entity shall  select  either  the  health
 care plan's payment or the non-participating [physician's or hospital's]
 PROVIDER'S  fee.  The independent dispute resolution entity shall deter-
 mine which amount to select based upon the conditions  and  factors  set
 forth  in  section  six  hundred four of this article. If an independent
 dispute resolution entity determines, based on the  health  care  plan's
 payment and the non-participating [physician's or hospital's] PROVIDER'S
 fee,  that a settlement between the health care plan and non-participat-
 ing [physician or hospital] PROVIDER is reasonably likely, or that  both
 the health care plan's payment and the non-participating [physician's or
 hospital's]  PROVIDER'S  fee  represent  unreasonable extremes, then the
 independent dispute resolution entity may direct both parties to attempt
 a good faith negotiation for settlement. The health care plan  and  non-
 participating  [physician or hospital] PROVIDER may be granted up to ten
 business days for this negotiation, which shall  run  concurrently  with
 the thirty BUSINESS day period for dispute resolution.
   (c)  The  determination  of  an  independent dispute resolution entity
 shall be binding on  the  health  care  plan,  [physician  or  hospital]
 PROVIDER  and  patient,  and shall be admissible in any court proceeding
 between the health  care  plan,  [physician  or  hospital]  PROVIDER  or
 patient,  or in any administrative proceeding between this state and the
 [physician or hospital] PROVIDER.
   § 6. Subsection (d) of section 605 of the financial  services  law  is
 REPEALED and subsection (e) of section 605 of the financial services law
 is relettered subsection (d).
   §  7. Section 606 of the financial services law, as amended by section
 3 of part YY of chapter 56 of the laws of 2020, is amended  to  read  as
 follows:
   §  606.  Hold  harmless [and assignment of benefits] for insureds FROM
 BILLS FOR EMERGENCY SERVICES AND SURPRISE BILLS.  (a) [When  an  insured
 assigns  benefits  for a surprise bill in writing to a non-participating
 S. 8007                            118                           A. 9007

 physician that knows the insured is insured under a  health  care  plan,
 the]  A  non-participating  [physician] PROVIDER shall not bill [the] AN
 insured FOR A SURPRISE BILL except for any applicable copayment, coinsu-
 rance or deductible that would be owed if the insured utilized a partic-
 ipating [physician] PROVIDER.
   (b)  [When an insured assigns benefits for emergency services, includ-
 ing inpatient services which follow an emergency room visit, to  a  non-
 participating  physician  or  hospital that knows the insured is insured
 under a health care plan, the] A non-participating [physician or  hospi-
 tal]  PROVIDER  shall  not bill [the] AN insured FOR EMERGENCY SERVICES,
 INCLUDING INPATIENT SERVICES  WHICH  FOLLOW  AN  EMERGENCY  ROOM  VISIT,
 except  for  any  applicable  copayment,  coinsurance or deductible that
 would be owed if the insured  utilized  a  participating  [physician  or
 hospital] PROVIDER.
   §  8.    Subsections  (a), (b) and (c) of section 607 of the financial
 services law, as added by section 26 of part H of chapter 60 of the laws
 of 2014, are amended to read as follows:
   (a) Surprise bill [received by]  INVOLVING  an  insured  [who  assigns
 benefits].  (1)  [If]  FOR A SURPRISE BILL INVOLVING an insured [assigns
 benefits to a non-participating physician], the health care  plan  shall
 pay  the non-participating [physician] PROVIDER in accordance with para-
 graphs two and three of this subsection.
   (2) The non-participating [physician] PROVIDER  may  bill  the  health
 care  plan  for  the  health care services rendered, and the health care
 plan shall pay the non-participating  [physician]  PROVIDER  the  billed
 amount  or attempt to negotiate reimbursement with the non-participating
 [physician] PROVIDER.
   (3) If the health care plan's attempts to negotiate reimbursement  for
 health care services provided by a non-participating [physician] PROVID-
 ER  does  not  result in a resolution of the payment dispute between the
 non-participating [physician] PROVIDER and the  health  care  plan,  the
 health care plan shall pay the non-participating [physician] PROVIDER an
 amount the health care plan determines is reasonable for the health care
 services  rendered,  except  for the insured's copayment, coinsurance or
 deductible, in accordance with section three thousand two hundred  twen-
 ty-four-a  of the insurance law, AND SHALL ENSURE THAT THE INSURED SHALL
 INCUR NO GREATER OUT-OF-POCKET COSTS FOR  THE  SURPRISE  BILL  THAN  THE
 INSURED WOULD HAVE INCURRED WITH A PARTICIPATING PROVIDER.
   (4)  Either  the health care plan or the non-participating [physician]
 PROVIDER may submit the dispute regarding the surprise bill  for  review
 to  an  independent  dispute  resolution  entity,  provided however, the
 health care plan may not submit the dispute unless it has complied  with
 the requirements of paragraphs one, two and three of this subsection.
   (5)  The  independent  dispute resolution entity shall make a determi-
 nation within thirty BUSINESS days of receipt of the dispute for review.
   (6) When determining a reasonable fee for the services  rendered,  the
 independent  dispute  resolution  entity  shall select either the health
 care plan's payment or the  non-participating  [physician's]  PROVIDER'S
 fee.  An  independent  dispute  resolution  entity shall determine which
 amount to select based upon the conditions  and  factors  set  forth  in
 section  six  hundred  four  of  this article. If an independent dispute
 resolution entity determines, based on the health  care  plan's  payment
 and  the  non-participating [physician's] PROVIDER'S fee, that a settle-
 ment between the health  care  plan  and  non-participating  [physician]
 PROVIDER  is  reasonably  likely,  or  that  both the health care plan's
 payment and the non-participating [physician's] PROVIDER'S fee represent
 S. 8007                            119                           A. 9007

 unreasonable extremes, then the independent  dispute  resolution  entity
 may  direct both parties to attempt a good faith negotiation for settle-
 ment. The health care plan and  non-participating  [physician]  PROVIDER
 may be granted up to ten business days for this negotiation, which shall
 run  concurrently with the thirty BUSINESS day period for dispute resol-
 ution.
   (b) Surprise bill received by [an insured who does not assign benefits
 or by] a patient who is not an insured.
   (1) [An insured who  does  not  assign  benefits  in  accordance  with
 subsection (a) of this section or a] A patient who is not an insured and
 who receives a surprise bill may submit a dispute regarding the surprise
 bill for review to an independent dispute resolution entity.
   (2)  The  independent  dispute  resolution  entity  shall  determine a
 reasonable fee for the services rendered based upon the  conditions  and
 factors set forth in section six hundred four of this article.
   (3)  A  patient [or insured who does not assign benefits in accordance
 with subsection (a) of this section] shall not be required  to  pay  the
 physician's  fee  to be eligible to submit the dispute for review to the
 independent dispute RESOLUTION entity.
   (c) The determination of  an  independent  dispute  resolution  entity
 shall  be  binding  on the patient, [physician] PROVIDER and health care
 plan, and shall be  admissible  in  any  court  proceeding  between  the
 patient  or insured, [physician] PROVIDER or health care plan, or in any
 administrative proceeding between this state and the [physician] PROVID-
 ER.
   § 9.  Subsection (a) of section 608 of the financial services law,  as
 amended  by  chapter  375  of  the  laws  of 2019, is amended to read as
 follows:
   (a) For disputes involving an insured, when  the  independent  dispute
 resolution  entity  determines the health care plan's payment is reason-
 able, payment for the dispute resolution process shall be the  responsi-
 bility  of the non-participating [physician or hospital] PROVIDER.  When
 the independent dispute resolution entity determines the non-participat-
 ing [physician's or hospital's] PROVIDER'S fee  is  reasonable,  payment
 for  the  dispute  resolution process shall be the responsibility of the
 health care plan. When a good faith negotiation directed  by  the  inde-
 pendent   dispute  resolution  entity  pursuant  to  paragraph  four  of
 subsection (a) of section six hundred five of this article, or paragraph
 six of subsection (a) of section  six  hundred  seven  of  this  article
 results in a settlement between the health care plan and non-participat-
 ing  [physician or hospital] PROVIDER, the health care plan and the non-
 participating [physician or hospital] PROVIDER shall evenly  divide  and
 share the prorated cost for dispute resolution.
   §  10.    Subparagraph (A) of paragraph 1 of subsection (b) of section
 4910 of the insurance law, as amended by chapter  219  of  the  laws  of
 2011, is amended to read as follows:
   (A)  the  insured  has  had coverage of the health care service, which
 would otherwise be a covered benefit  under  a  subscriber  contract  or
 governmental  health  benefit  program, denied on appeal, in whole or in
 part, pursuant to title one of this article on  the  grounds  that  such
 health  care  service  does not meet the health care plan's requirements
 for medical necessity, appropriateness, health care  setting,  level  of
 care,  [or] effectiveness of a covered benefit, OR OTHER GROUND CONSIST-
 ENT WITH 42 U.S.C. § 300GG-19 AS DETERMINED BY THE SUPERINTENDENT, and
 S. 8007                            120                           A. 9007
 
   § 11.  Subparagraph (i) of paragraph (a) of subdivision 2  of  section
 4910  of the public health law, as amended by chapter 219 of the laws of
 2011, is amended to read as follows:
   (i)  the  enrollee  has  had  coverage of a health care service, which
 would otherwise be a covered benefit  under  a  subscriber  contract  or
 governmental  health  benefit  program, denied on appeal, in whole or in
 part, pursuant to title one of this article on  the  grounds  that  such
 health  care  service  does not meet the health care plan's requirements
 for medical necessity, appropriateness, health care  setting,  level  of
 care,  [or] effectiveness of a covered benefit, OR OTHER GROUND CONSIST-
 ENT WITH 42 U.S.C. § 300GG-19  AS  DETERMINED  BY  THE  COMMISSIONER  IN
 CONSULTATION WITH THE SUPERINTENDENT OF FINANCIAL SERVICES, and
   § 12.  This act shall take effect immediately.
 
                                 SUBPART B
 
   Section 1.  Paragraph 1 of subsection (c) of section 109 of the insur-
 ance  law,  as amended by section 55 of part A of chapter 62 of the laws
 of 2011, is amended to read as follows:
   (1) If the superintendent finds after  notice  and  hearing  that  any
 authorized  insurer,  representative  of the insurer, licensed insurance
 agent, licensed insurance broker, licensed adjuster, or any other person
 or entity licensed, certified, registered,  or  authorized  pursuant  to
 this  chapter,  has [wilfully] WILLFULLY violated the provisions of this
 chapter or any regulation promulgated  thereunder  OR  WITH  RESPECT  TO
 ACCIDENT  AND  HEALTH  INSURANCE,  ANY PROVISION OF FEDERAL LAW OR REGU-
 LATION, then the superintendent may order the person or entity to pay to
 the people of this state a penalty in a sum not exceeding  one  thousand
 dollars for each offense.
   §  2.   Paragraph 17 of subsection (a) of section 3217-a of the insur-
 ance law, as amended by section 9 of subpart A of part BB of chapter  57
 of the laws of 2019, is amended to read as follows:
   (17) where applicable, a listing by specialty, which may be in a sepa-
 rate  document  that  is  updated  annually, of the name, address, [and]
 telephone number, AND DIGITAL CONTACT INFORMATION of  all  participating
 providers,  including  facilities,  and:  (A)  whether  the  provider is
 accepting new patients; (B) in the case of mental  health  or  substance
 use  disorder  services  providers,  any affiliations with participating
 facilities certified or authorized by the office of mental health or the
 office of [alcoholism] ADDICTION SERVICES and [substance abuse services]
 SUPPORTS, and any restrictions regarding the availability of  the  indi-
 vidual  provider's  services;  and  (C) in the case of physicians, board
 certification, languages spoken and any affiliations with  participating
 hospitals. The listing shall also be posted on the insurer's website and
 the insurer shall update the website within fifteen days of the addition
 or termination of a provider from the insurer's network or a change in a
 physician's hospital affiliation;
   §  3. Section 3217-b of the insurance law is amended by adding two new
 subsections (m) and (n) to read as follows:
   (M) A CONTRACT BETWEEN AN INSURER AND A  HEALTH  CARE  PROVIDER  SHALL
 INCLUDE  A  PROVISION  THAT REQUIRES THE HEALTH CARE PROVIDER TO HAVE IN
 PLACE BUSINESS PROCESSES TO ENSURE  THE  TIMELY  PROVISION  OF  PROVIDER
 DIRECTORY  INFORMATION  TO  THE  INSURER.   A HEALTH CARE PROVIDER SHALL
 SUBMIT SUCH PROVIDER DIRECTORY INFORMATION TO AN INSURER, AT A  MINIMUM,
 WHEN  A PROVIDER BEGINS OR TERMINATES A NETWORK AGREEMENT WITH AN INSUR-
 ER, WHEN THERE ARE MATERIAL CHANGES  TO  THE  CONTENT  OF  THE  PROVIDER
 S. 8007                            121                           A. 9007
 
 DIRECTORY  INFORMATION  OF  THE  HEALTH  CARE PROVIDER, AND AT ANY OTHER
 TIME, INCLUDING UPON THE INSURER'S REQUEST, AS THE HEALTH CARE  PROVIDER
 DETERMINES TO BE APPROPRIATE.  FOR PURPOSES OF THIS SUBSECTION, "PROVID-
 ER  DIRECTORY  INFORMATION"  SHALL INCLUDE THE NAME, ADDRESS, SPECIALTY,
 TELEPHONE NUMBER, AND DIGITAL CONTACT INFORMATION OF  SUCH  HEALTH  CARE
 PROVIDER;  WHETHER  THE  PROVIDER  IS ACCEPTING NEW PATIENTS; FOR MENTAL
 HEALTH AND SUBSTANCE USE DISORDER SERVICES PROVIDERS,  ANY  AFFILIATIONS
 WITH  PARTICIPATING  FACILITIES CERTIFIED OR AUTHORIZED BY THE OFFICE OF
 MENTAL HEALTH OR THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, AND  ANY
 RESTRICTIONS  REGARDING  THE  AVAILABILITY  OF THE INDIVIDUAL PROVIDER'S
 SERVICES; AND IN THE CASE OF PHYSICIANS, BOARD CERTIFICATION,  LANGUAGES
 SPOKEN, AND ANY AFFILIATIONS WITH PARTICIPATING HOSPITALS.
   (N)  A  CONTRACT  BETWEEN  AN INSURER AND A HEALTH CARE PROVIDER SHALL
 INCLUDE A PROVISION THAT STATES THAT THE PROVIDER  SHALL  REIMBURSE  THE
 INSURED FOR THE FULL AMOUNT PAID BY THE INSURED IN EXCESS OF THE IN-NET-
 WORK  COST-SHARING  AMOUNT, PLUS INTEREST AT AN INTEREST RATE DETERMINED
 BY THE SUPERINTENDENT IN ACCORDANCE WITH 42 U.S.C. §  300GG-139(B),  FOR
 THE  SERVICES  INVOLVED  WHEN  THE  INSURED  IS PROVIDED WITH INACCURATE
 NETWORK STATUS INFORMATION BY THE INSURER IN A PROVIDER DIRECTORY OR  IN
 RESPONSE  TO A REQUEST THAT STATED THAT THE PROVIDER WAS A PARTICIPATING
 PROVIDER WHEN THE PROVIDER WAS NOT A PARTICIPATING PROVIDER.  NOTHING IN
 THIS SUBSECTION SHALL PROHIBIT A HEALTH CARE PROVIDER FROM REQUIRING  IN
 THE  TERMS OF A CONTRACT WITH AN INSURER THAT THE INSURER REMOVE, AT THE
 TIME OF TERMINATION OF SUCH CONTRACT, THE PROVIDER  FROM  THE  INSURER'S
 PROVIDER DIRECTORY OR THAT THE INSURER BEAR FINANCIAL RESPONSIBILITY FOR
 PROVIDING INACCURATE NETWORK STATUS INFORMATION TO AN INSURED.
   §  4.  Paragraph 17 of subsection (a) of section 4324 of the insurance
 law, as amended by section 34 of subpart A of part BB of chapter  57  of
 the laws of 2019, is amended to read as follows:
   (17) where applicable, a listing by specialty, which may be in a sepa-
 rate  document  that  is  updated  annually, of the name, address, [and]
 telephone number, AND DIGITAL CONTACT INFORMATION of  all  participating
 providers,  including  facilities,  and:  (A)  whether  the  provider is
 accepting new patients; (B) in the case of mental  health  or  substance
 use  disorder  services  providers,  any affiliations with participating
 facilities certified or authorized by the office of mental health or the
 office of [alcoholism] ADDICTION SERVICES and [substance abuse services]
 SUPPORTS, and any restrictions regarding the availability of  the  indi-
 vidual provider's services; (C) in the case of physicians, board certif-
 ication, languages spoken and any affiliations with participating hospi-
 tals.  The listing shall also be posted on the corporation's website and
 the corporation shall update the website  within  fifteen  days  of  the
 addition  or termination of a provider from the corporation's network or
 a change in a physician's hospital affiliation;
   § 5.  Section 4325 of the insurance law is amended by adding  two  new
 subsections (n) and (o) to read as follows:
   (N)  A CONTRACT BETWEEN A CORPORATION AND A HEALTH CARE PROVIDER SHALL
 INCLUDE A PROVISION THAT REQUIRES THE HEALTH CARE PROVIDER  TO  HAVE  IN
 PLACE  BUSINESS  PROCESSES  TO  ENSURE  THE TIMELY PROVISION OF PROVIDER
 DIRECTORY INFORMATION TO THE CORPORATION.  A HEALTH CARE PROVIDER  SHALL
 SUBMIT  SUCH PROVIDER DIRECTORY INFORMATION TO A CORPORATION, AT A MINI-
 MUM, WHEN A PROVIDER BEGINS OR TERMINATES A  NETWORK  AGREEMENT  WITH  A
 CORPORATION,  WHEN  THERE  ARE  MATERIAL  CHANGES  TO THE CONTENT OF THE
 PROVIDER DIRECTORY INFORMATION OF THE HEALTH CARE PROVIDER, AND  AT  ANY
 OTHER TIME, INCLUDING UPON THE CORPORATION'S REQUEST, AS THE HEALTH CARE
 PROVIDER DETERMINES TO BE APPROPRIATE.  FOR PURPOSES OF THIS SUBSECTION,
 S. 8007                            122                           A. 9007

 "PROVIDER  DIRECTORY  INFORMATION"  SHALL  INCLUDE  THE  NAME,  ADDRESS,
 SPECIALTY, TELEPHONE NUMBER, AND DIGITAL  CONTACT  INFORMATION  OF  SUCH
 HEALTH  CARE  PROVIDER;  WHETHER THE PROVIDER IS ACCEPTING NEW PATIENTS;
 FOR  MENTAL  HEALTH  AND  SUBSTANCE USE DISORDER SERVICES PROVIDERS, ANY
 AFFILIATIONS WITH PARTICIPATING FACILITIES CERTIFIED  OR  AUTHORIZED  BY
 THE  OFFICE  OF  MENTAL  HEALTH  OR THE OFFICE OF ADDICTION SERVICES AND
 SUPPORTS, AND ANY RESTRICTIONS REGARDING THE AVAILABILITY OF  THE  INDI-
 VIDUAL PROVIDER'S SERVICES; AND IN THE CASE OF PHYSICIANS, BOARD CERTIF-
 ICATION,  LANGUAGES  SPOKEN,  AND  ANY  AFFILIATIONS  WITH PARTICIPATING
 HOSPITALS.
   (O) A CONTRACT BETWEEN A CORPORATION AND A HEALTH CARE PROVIDER  SHALL
 INCLUDE  A  PROVISION  THAT STATES THAT THE PROVIDER SHALL REIMBURSE THE
 INSURED FOR THE FULL AMOUNT PAID BY THE INSURED IN EXCESS OF THE IN-NET-
 WORK COST-SHARING AMOUNT, PLUS INTEREST AT AN INTEREST  RATE  DETERMINED
 BY  THE  SUPERINTENDENT IN ACCORDANCE WITH 42 U.S.C. § 300GG-139(B), FOR
 THE SERVICES INVOLVED WHEN  THE  INSURED  IS  PROVIDED  WITH  INACCURATE
 NETWORK STATUS INFORMATION BY THE CORPORATION IN A PROVIDER DIRECTORY OR
 IN RESPONSE TO A REQUEST THAT STATED THAT THE PROVIDER WAS A PARTICIPAT-
 ING  PROVIDER WHEN THE PROVIDER WAS NOT A PARTICIPATING PROVIDER.  NOTH-
 ING IN THIS SUBSECTION  SHALL  PROHIBIT  A  HEALTH  CARE  PROVIDER  FROM
 REQUIRING  IN THE TERMS OF A CONTRACT WITH A CORPORATION THAT THE CORPO-
 RATION REMOVE, AT THE TIME OF TERMINATION OF SUCH CONTRACT, THE PROVIDER
 FROM THE CORPORATION'S PROVIDER DIRECTORY OR THAT THE  CORPORATION  BEAR
 FINANCIAL  RESPONSIBILITY FOR PROVIDING INACCURATE NETWORK STATUS INFOR-
 MATION TO AN INSURED.
   § 6.  Section 4406-c of the public health law is amended by adding two
 new subdivisions 11 and 12 to read as follows:
   11. A CONTRACT BETWEEN A HEALTH CARE PLAN AND A HEALTH  CARE  PROVIDER
 SHALL INCLUDE A PROVISION THAT REQUIRES THE HEALTH CARE PROVIDER TO HAVE
 IN  PLACE  BUSINESS PROCESSES TO ENSURE THE TIMELY PROVISION OF PROVIDER
 DIRECTORY INFORMATION TO THE HEALTH CARE PLAN.  A HEALTH  CARE  PROVIDER
 SHALL  SUBMIT SUCH PROVIDER DIRECTORY INFORMATION TO A HEALTH CARE PLAN,
 AT A MINIMUM, WHEN A PROVIDER BEGINS OR TERMINATES A  NETWORK  AGREEMENT
 WITH  A HEALTH CARE PLAN, WHEN THERE ARE MATERIAL CHANGES TO THE CONTENT
 OF THE PROVIDER DIRECTORY INFORMATION OF SUCH HEALTH CARE PROVIDER,  AND
 AT ANY OTHER TIME, INCLUDING UPON THE HEALTH CARE PLAN'S REQUEST, AS THE
 HEALTH CARE PROVIDER DETERMINES TO BE APPROPRIATE.  FOR PURPOSES OF THIS
 SUBSECTION,  "PROVIDER  DIRECTORY  INFORMATION"  SHALL INCLUDE THE NAME,
 ADDRESS, SPECIALTY, TELEPHONE NUMBER, AND DIGITAL CONTACT INFORMATION OF
 SUCH HEALTH  CARE  PROVIDER;  WHETHER  THE  PROVIDER  IS  ACCEPTING  NEW
 PATIENTS;  FOR MENTAL HEALTH AND SUBSTANCE USE DISORDER SERVICES PROVID-
 ERS, ANY AFFILIATIONS WITH PARTICIPATING FACILITIES CERTIFIED OR AUTHOR-
 IZED BY THE OFFICE OF MENTAL HEALTH OR THE OFFICE OF ADDICTION  SERVICES
 AND  SUPPORTS,  AND  ANY  RESTRICTIONS REGARDING THE AVAILABILITY OF THE
 INDIVIDUAL PROVIDER'S SERVICES; AND IN THE  CASE  OF  PHYSICIANS,  BOARD
 CERTIFICATION, LANGUAGES SPOKEN, AND ANY AFFILIATIONS WITH PARTICIPATING
 HOSPITALS.
   12.  A  CONTRACT BETWEEN A HEALTH CARE PLAN AND A HEALTH CARE PROVIDER
 SHALL INCLUDE A PROVISION THAT STATES THAT THE PROVIDER SHALL  REIMBURSE
 THE  ENROLLEE  FOR THE FULL AMOUNT PAID BY THE ENROLLEE IN EXCESS OF THE
 IN-NETWORK COST-SHARING AMOUNT, PLUS INTEREST AT AN INTEREST RATE DETER-
 MINED BY THE COMMISSIONER IN ACCORDANCE WITH 42 U.S.C.  §  300GG-139(B),
 FOR  THE SERVICES INVOLVED WHEN THE ENROLLEE IS PROVIDED WITH INACCURATE
 NETWORK STATUS INFORMATION BY THE HEALTH CARE PLAN IN A PROVIDER  DIREC-
 TORY  OR  IN  RESPONSE  TO A REQUEST THAT STATED THAT THE PROVIDER WAS A
 PARTICIPATING PROVIDER WHEN THE PROVIDER WAS NOT A PARTICIPATING PROVID-
 S. 8007                            123                           A. 9007
 
 ER.  NOTHING IN THIS SUBDIVISION SHALL PROHIBIT A HEALTH  CARE  PROVIDER
 FROM  REQUIRING  IN THE TERMS OF A CONTRACT WITH A HEALTH CARE PLAN THAT
 THE HEALTH CARE  PLAN  REMOVE,  AT  THE  TIME  OF  TERMINATION  OF  SUCH
 CONTRACT, THE PROVIDER FROM THE HEALTH CARE PLAN'S PROVIDER DIRECTORY OR
 THAT  THE  HEALTH  CARE PLAN BEAR FINANCIAL RESPONSIBILITY FOR PROVIDING
 INACCURATE NETWORK STATUS INFORMATION TO AN ENROLLEE.
   § 7.  Paragraph (r) of subdivision 1 of section  4408  of  the  public
 health  law, as amended by section 41 of subpart A of part BB of chapter
 57 of the laws of 2019, is amended to read as follows:
   (r) a listing by specialty, which may be in a separate  document  that
 is  updated  annually, of the name, address [and], telephone number, AND
 DIGITAL CONTACT INFORMATION of all  participating  providers,  including
 facilities,  and:  (i)  whether  the provider is accepting new patients;
 (ii) in the case of mental health or  substance  use  disorder  services
 providers,  any  affiliations with participating facilities certified or
 authorized by the office of mental health or the office of  [alcoholism]
 ADDICTION  SERVICES  and  [substance  abuse  services] SUPPORTS, and any
 restrictions regarding the availability  of  the  individual  provider's
 services;  and  (iii)  in  the  case of physicians, board certification,
 languages spoken and any affiliations with participating hospitals.  The
 listing  shall  also  be posted on the health maintenance organization's
 website and the health maintenance organization shall update the website
 within fifteen days of the addition or termination of  a  provider  from
 the  health  maintenance  organization's network or a change in a physi-
 cian's hospital affiliation;
   § 8.  Subdivision 8 of section 24 of the public health law  is  renum-
 bered subdivision 9 and a new subdivision 8 is added to read as follows:
   8.  A  HEALTH  CARE  PROFESSIONAL,  OR A GROUP PRACTICE OF HEALTH CARE
 PROFESSIONALS, A DIAGNOSTIC AND TREATMENT  CENTER  OR  A  HEALTH  CENTER
 DEFINED  UNDER  42  U.S.C. § 254B ON BEHALF OF HEALTH CARE PROFESSIONALS
 RENDERING SERVICES AT  THE  GROUP  PRACTICE,  DIAGNOSTIC  AND  TREATMENT
 CENTER  OR  HEALTH CENTER, AND A HOSPITAL SHALL MAKE PUBLICLY AVAILABLE,
 AND IF APPLICABLE, POST ON THEIR PUBLIC WEBSITES, AND PROVIDE  TO  INDI-
 VIDUALS  WHO  ARE  ENROLLEES  OF  HEALTH  CARE PLANS, A ONE-PAGE WRITTEN
 NOTICE, IN CLEAR AND UNDERSTANDABLE LANGUAGE, CONTAINING INFORMATION  ON
 THE  REQUIREMENTS  AND  PROHIBITIONS  UNDER  42  U.S.C. §§ 300GG-131 AND
 300GG-132 AND ARTICLE SIX OF THE  FINANCIAL  SERVICES  LAW  RELATING  TO
 PROHIBITIONS  ON  BALANCE  BILLING  FOR  EMERGENCY SERVICES AND SURPRISE
 BILLS, AND INFORMATION ON CONTACTING APPROPRIATE STATE AND FEDERAL AGEN-
 CIES IF AN INDIVIDUAL BELIEVES A HEALTH CARE PROVIDER HAS  VIOLATED  ANY
 REQUIREMENT DESCRIBED IN 42 U.S.C. §§ 300GG-131 AND 300GG-132 OR ARTICLE
 SIX OF THE FINANCIAL SERVICES LAW.
   §  9. Subsection (e) of section 4804 of the insurance law, as added by
 chapter 705 of the laws of 1996, is amended to read as follows:
   (e) (1) If an insured's health  care  provider  leaves  the  insurer's
 in-network  benefits  portion  of its network of providers for a managed
 care product for reasons other than those for which the  provider  would
 not  be  eligible  to  receive  a  hearing  pursuant to paragraph one of
 subsection (b) of section forty-eight hundred three of this chapter, the
 insurer shall PROVIDE WRITTEN NOTICE TO THE INSURED  OF  THE  PROVIDER'S
 DISAFFILIATION  AND  permit the insured to continue an ongoing course of
 treatment with the insured's current health care provider during a tran-
 sitional period of [(i) up to]: (A) ninety days from THE  LATER  OF  the
 date  of THE notice to the insured of the provider's disaffiliation from
 the insurer's network OR THE EFFECTIVE DATE OF THE PROVIDER'S  DISAFFIL-
 IATION  FROM  THE  INSURER'S  NETWORK; or [(ii)] (B) if the insured [has
 S. 8007                            124                           A. 9007

 entered the second trimester of pregnancy] IS PREGNANT at  the  time  of
 the provider's disaffiliation, [for a transitional period that includes]
 the  [provision  of]  DURATION  OF  THE  PREGNANCY  AND post-partum care
 directly related to the delivery.
   (2)   [Notwithstanding   the  provisions  of  paragraph  one  of  this
 subsection, such care shall be authorized by the insurer during]  DURING
 the  transitional  period [only if] the health care provider [agrees (i)
 to] SHALL: (A) continue to accept reimbursement from the insurer at  the
 rates  applicable  prior  to  the  start of the transitional period, AND
 CONTINUE TO ACCEPT THE IN-NETWORK COST-SHARING FROM THE INSURED, IF ANY,
 as payment in full; [(ii) to] (B) adhere to the insurer's quality assur-
 ance requirements and [to] provide  to  the  insurer  necessary  medical
 information related to such care; and [(iii) to] (C) otherwise adhere to
 the  insurer's  policies  and  procedures including, but not limited to,
 procedures regarding referrals and  obtaining  pre-authorization  and  a
 treatment plan approved by the insurer.
   §  10.  Paragraph  (e)  of subdivision 6 of section 4403 of the public
 health law, as added by chapter 705 of the laws of 1996, is  amended  to
 read as follows:
   (e)  (1) If an enrollee's health care provider leaves the health main-
 tenance organization's network of providers for reasons other than those
 for which the provider would not be eligible to receive a hearing pursu-
 ant to paragraph a of subdivision  two  of  section  forty-four  hundred
 six-d of this chapter, the health maintenance organization shall PROVIDE
 WRITTEN  NOTICE  TO  THE  ENROLLEE  OF THE PROVIDER'S DISAFFILIATION AND
 permit the enrollee to continue an ongoing course of treatment with  the
 enrollee's current health care provider during a transitional period of:
 (i)  [up to] ninety days from the LATER OF THE date of THE notice to the
 enrollee  of  the  provider's  disaffiliation  from  the  organization's
 network  OR THE EFFECTIVE DATE OF THE PROVIDER'S DISAFFILIATION FROM THE
 ORGANIZATION'S NETWORK; or (ii) if the enrollee [has entered the  second
 trimester of pregnancy] IS PREGNANT at the time of the provider's disaf-
 filiation,  [for a transitional period that includes] the [provision of]
 DURATION OF THE PREGNANCY AND post-partum care directly related  to  the
 delivery.
   (2)  [Notwithstanding the provisions of subparagraph one of this para-
 graph, such care shall be authorized by the health maintenance organiza-
 tion during] DURING the transitional period [only if]  the  health  care
 provider  [agrees] SHALL: (i) [to] continue to accept reimbursement from
 the health maintenance organization at the rates applicable prior to the
 start of the transitional period, AND CONTINUE TO ACCEPT THE  IN-NETWORK
 COST-SHARING  FROM  THE  ENROLLEE, IF ANY, as payment in full; (ii) [to]
 adhere to the  organization's  quality  assurance  requirements  and  to
 provide  to  the  organization  necessary medical information related to
 such care; and (iii) [to] otherwise adhere to the  organization's  poli-
 cies  and  procedures, including but not limited to procedures regarding
 referrals and obtaining pre-authorization and a treatment plan  approved
 by the organization.
   § 11. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section  1. Section 3217-d of the insurance law is amended by adding a
 new subsection (e) to read as follows:
   (E) AN INSURER THAT ISSUES A COMPREHENSIVE POLICY THAT USES A  NETWORK
 OF  PROVIDERS  AND  IS  NOT A MANAGED CARE HEALTH INSURANCE CONTRACT, AS
 S. 8007                            125                           A. 9007
 
 DEFINED IN SUBSECTION (C) OF SECTION FOUR THOUSAND EIGHT HUNDRED ONE  OF
 THIS  CHAPTER,  SHALL  ESTABLISH AND MAINTAIN PROCEDURES FOR HEALTH CARE
 PROFESSIONAL APPLICATIONS AND TERMINATIONS CONSISTENT WITH THE  REQUIRE-
 MENTS  OF  SECTION FOUR THOUSAND EIGHT HUNDRED THREE OF THIS CHAPTER AND
 PROCEDURES FOR HEALTH CARE FACILITY APPLICATIONS CONSISTENT WITH SECTION
 FOUR THOUSAND EIGHT HUNDRED SIX OF THIS CHAPTER.
   § 2. Section 4306-c of the insurance law is amended by  adding  a  new
 subsection (e) to read as follows:
   (E)  A  CORPORATION,  INCLUDING A MUNICIPAL COOPERATIVE HEALTH BENEFIT
 PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF  THIS  CHAPTER  AND  A
 STUDENT  HEALTH  PLAN  ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE
 THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER AS ADDED BY CHAPTER 246
 OF THE LAWS OF 2012, THAT ISSUES A  COMPREHENSIVE  POLICY  THAT  USES  A
 NETWORK  OF  PROVIDERS  AND  IS  NOT  A  MANAGED  CARE  HEALTH INSURANCE
 CONTRACT, AS DEFINED IN SUBSECTION (C) OF SECTION  FOUR  THOUSAND  EIGHT
 HUNDRED ONE OF THIS CHAPTER, SHALL ESTABLISH AND MAINTAIN PROCEDURES FOR
 HEALTH  CARE  PROFESSIONAL APPLICATIONS AND TERMINATIONS CONSISTENT WITH
 THE REQUIREMENTS OF SECTION FOUR THOUSAND EIGHT HUNDRED  THREE  OF  THIS
 CHAPTER  AND PROCEDURES FOR HEALTH CARE FACILITY APPLICATIONS CONSISTENT
 WITH SECTION FOUR THOUSAND EIGHT HUNDRED SIX OF THIS CHAPTER.
   § 3. The insurance law is amended by adding a new section 4806 to read
 as follows:
   § 4806. HEALTH CARE FACILITY APPLICATIONS.  (A) AN INSURER THAT OFFERS
 A MANAGED CARE PRODUCT SHALL, UPON REQUEST, MAKE AVAILABLE AND  DISCLOSE
 TO  FACILITIES  WRITTEN APPLICATION PROCEDURES AND MINIMUM QUALIFICATION
 REQUIREMENTS THAT A FACILITY MUST MEET IN ORDER TO BE CONSIDERED BY  THE
 INSURER  FOR  PARTICIPATION  IN  THE  IN-NETWORK BENEFITS PORTION OF THE
 INSURER'S NETWORK FOR THE MANAGED  CARE  PRODUCT.    THE  INSURER  SHALL
 CONSULT WITH APPROPRIATELY QUALIFIED FACILITIES IN DEVELOPING ITS QUALI-
 FICATION  REQUIREMENTS  FOR  PARTICIPATION  IN  THE  IN-NETWORK BENEFITS
 PORTION OF THE INSURER'S NETWORK FOR  THE  MANAGED  CARE  PRODUCT.    AN
 INSURER  SHALL  COMPLETE REVIEW OF THE FACILITY'S APPLICATION TO PARTIC-
 IPATE IN THE IN-NETWORK PORTION OF THE  INSURER'S  NETWORK  AND,  WITHIN
 SIXTY  DAYS  OF  RECEIVING A FACILITY'S COMPLETED APPLICATION TO PARTIC-
 IPATE IN THE INSURER'S NETWORK, SHALL NOTIFY THE FACILITY AS  TO:    (1)
 WHETHER  THE FACILITY IS CREDENTIALED; OR (2) WHETHER ADDITIONAL TIME IS
 NECESSARY TO MAKE A DETERMINATION BECAUSE OF A FAILURE OF A THIRD  PARTY
 TO  PROVIDE NECESSARY DOCUMENTATION.  IN SUCH INSTANCES WHERE ADDITIONAL
 TIME IS NECESSARY BECAUSE OF  A  LACK  OF  NECESSARY  DOCUMENTATION,  AN
 INSURER  SHALL  MAKE  EVERY EFFORT TO OBTAIN SUCH INFORMATION AS SOON AS
 POSSIBLE AND SHALL MAKE A FINAL DETERMINATION WITHIN TWENTY-ONE DAYS  OF
 RECEIVING THE NECESSARY DOCUMENTATION.
   (B)  FOR  THE PURPOSES OF THIS SECTION, "FACILITY" SHALL MEAN A HEALTH
 CARE PROVIDER THAT IS LICENSED OR CERTIFIED PURSUANT  TO  ARTICLE  FIVE,
 TWENTY-EIGHT,  THIRTY-SIX,  FORTY,  FORTY-FOUR,  OR  FORTY-SEVEN  OF THE
 PUBLIC HEALTH LAW OR ARTICLE SIXTEEN, NINETEEN, THIRTY-ONE,  THIRTY-TWO,
 OR THIRTY-SIX OF THE MENTAL HYGIENE LAW.
   §  4.  The public health law is amended by adding a new section 4406-h
 to read as follows:
   §  4406-H. HEALTH CARE FACILITY APPLICATIONS.  1. A HEALTH  CARE  PLAN
 SHALL,  UPON  REQUEST, MAKE AVAILABLE AND DISCLOSE TO FACILITIES WRITTEN
 APPLICATION PROCEDURES AND MINIMUM  QUALIFICATION  REQUIREMENTS  THAT  A
 FACILITY MUST MEET IN ORDER TO BE CONSIDERED BY THE HEALTH CARE PLAN FOR
 PARTICIPATION  IN  THE  IN-NETWORK  BENEFITS  PORTION OF THE HEALTH CARE
 PLAN'S NETWORK.  THE HEALTH CARE PLAN SHALL CONSULT  WITH  APPROPRIATELY
 QUALIFIED  FACILITIES  IN  DEVELOPING ITS QUALIFICATION REQUIREMENTS.  A
 S. 8007                            126                           A. 9007
 
 HEALTH CARE PLAN SHALL COMPLETE REVIEW OF THE FACILITY'S APPLICATION  TO
 PARTICIPATE  IN THE IN-NETWORK PORTION OF THE HEALTH CARE PLAN'S NETWORK
 AND SHALL, WITHIN SIXTY DAYS OF RECEIVING A FACILITY'S COMPLETED  APPLI-
 CATION  TO  PARTICIPATE  IN  THE  HEALTH CARE PLAN'S NETWORK, NOTIFY THE
 FACILITY AS TO:  (A) WHETHER THE FACILITY IS CREDENTIALED; OR (B) WHETH-
 ER ADDITIONAL TIME IS NECESSARY TO MAKE A  DETERMINATION  BECAUSE  OF  A
 FAILURE  OF  A  THIRD  PARTY TO PROVIDE NECESSARY DOCUMENTATION. IN SUCH
 INSTANCES WHERE ADDITIONAL TIME IS NECESSARY BECAUSE OF A LACK OF NECES-
 SARY DOCUMENTATION, A HEALTH CARE PLAN SHALL MAKE EVERY EFFORT TO OBTAIN
 SUCH INFORMATION AS SOON AS POSSIBLE AND SHALL  MAKE  A  FINAL  DETERMI-
 NATION WITHIN TWENTY-ONE DAYS OF RECEIVING THE NECESSARY DOCUMENTATION.
   2.  FOR  THE  PURPOSES OF THIS SECTION, "FACILITY" SHALL MEAN A HEALTH
 CARE PROVIDER ENTITY OR  ORGANIZATION  THAT  IS  LICENSED  OR  CERTIFIED
 PURSUANT  TO  ARTICLE FIVE, TWENTY-EIGHT, THIRTY-SIX, FORTY, FORTY-FOUR,
 OR FORTY-SEVEN OF THIS CHAPTER OR ARTICLE SIXTEEN, NINETEEN, THIRTY-ONE,
 THIRTY-TWO, OR THIRTY-SIX OF THE MENTAL HYGIENE LAW.
   § 5. Subsection (g) of section 4905 of the insurance law, as added  by
 chapter 705 of the laws of 1996, is amended to read as follows:
   (g)  When  making  prospective,  concurrent and retrospective determi-
 nations, utilization review agents shall collect only  such  information
 as  is  necessary  to  make  such  determination and shall not routinely
 require health care providers to numerically code  diagnoses  or  proce-
 dures  to be considered for certification or routinely request copies of
 medical records of all patients reviewed. During prospective or  concur-
 rent  review,  copies  of  medical  records  shall only be required when
 necessary to verify that the health care services subject to such review
 are medically necessary. In such cases, only the necessary  or  relevant
 sections  of  the medical record shall be required. A utilization review
 agent may request copies of partial or complete medical records  retros-
 pectively. [This subsection shall not apply to health maintenance organ-
 izations  licensed  pursuant  to  article forty-three of this chapter or
 certified pursuant to article forty-four of the public health law.]
   § 6. Subdivision 7 of section 4905 of the public health law, as  added
 by chapter 705 of the laws of 1996, is amended to read as follows:
   7.  When  making  prospective,  concurrent  and retrospective determi-
 nations, utilization review agents shall collect only  such  information
 as  is  necessary  to  make  such  determination and shall not routinely
 require health care providers to numerically code  diagnoses  or  proce-
 dures  to be considered for certification or routinely request copies of
 medical records of all patients reviewed. During prospective or  concur-
 rent  review,  copies  of  medical  records  shall only be required when
 necessary to verify that the health care services subject to such review
 are medically necessary. In such cases, only the necessary  or  relevant
 sections  of  the medical record shall be required. A utilization review
 agent may request copies of partial or complete medical records  retros-
 pectively.  [This  subdivision  shall  not  apply  to health maintenance
 organizations licensed pursuant to article forty-three of the  insurance
 law or certified pursuant to article forty-four of this chapter.]
   §  7.  This act shall take effect immediately; provided, however, that
 sections one through four of  this  act  shall  apply  to  credentialing
 applications received on or after the ninetieth day after this act shall
 have  become  a law; and provided further, that sections five and six of
 this act shall apply to health care services performed on or  after  the
 ninetieth day after this act shall have become a law.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or subpart of this act shall be adjudged by any court of
 S. 8007                            127                           A. 9007
 
 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  subpart  thereof  directly involved in the controversy in which such
 judgment 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 dates of Subparts A through C of this act shall
 be as specifically set forth in the last section of such Subparts.

                                  PART BB
 
   Section 1. Paragraph (b) 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 to read as follows:
   (b) In the event that the patient does not meet the criteria in  para-
 graph  (a)  of  this  subdivision, the prescriber may provide additional
 information to the program to justify the use  of  a  prescription  drug
 that  is  not  on  the  preferred drug list. The program shall provide a
 reasonable opportunity for a prescriber to reasonably present his or her
 justification of prior authorization. [If, after consultation  with  the
 program, the prescriber, in his or her reasonable professional judgment,
 determines  that]  THE  PROGRAM WILL CONSIDER THE ADDITIONAL INFORMATION
 AND THE JUSTIFICATION PRESENTED  TO  DETERMINE  WHETHER  the  use  of  a
 prescription  drug  that is not on the preferred drug list is warranted,
 AND the [prescriber's] PROGRAM'S determination shall be final.
   § 2. Subdivisions 25 and 25-a of section 364-j of the social  services
 law are REPEALED.
   § 3. This act shall take effect June 1, 2022.
 
                                  PART CC
 
   Section  1.  Paragraph  (m)  of  subdivision 3 of section 461-l of the
 social services law, as added by section 2 of part B of  chapter  57  of
 the laws of 2018, is amended to read as follows:
   (m)  Beginning  April  first, two thousand [twenty-three] TWENTY-FIVE,
 additional assisted living program beds shall be approved on a  case  by
 case  basis whenever the commissioner of health is satisfied that public
 need exists at the time and place and under  circumstances  proposed  by
 the applicant.
   (i)  The  consideration  of  public need may take into account factors
 such as, but not limited to, regional occupancy  rates  for  adult  care
 facilities and assisted living program occupancy rates and the extent to
 which the project will serve individuals receiving medical assistance.
   (ii) Existing assisted living program providers may apply for approval
 to  add  up  to nine additional assisted living program beds that do not
 require major renovation or construction under an expedited review proc-
 ess. The expedited review process is available to applicants that are in
 good standing with the department of health, and are in compliance  with
 appropriate state and local requirements as determined by the department
 of health. The expedited review process shall allow certification of the
 additional  beds  for which the commissioner of health is satisfied that
 public need exists within ninety days of such department's receipt of  a
 satisfactory application.
 S. 8007                            128                           A. 9007
 
   §  2.  Subdivision  (f)  of section 129 of part C of chapter 58 of the
 laws of 2009, amending the public health  law  relating  to  payment  by
 governmental  agencies  for  general  hospital  inpatient  services,  as
 amended by section 6 of part E of chapter 57 of the  laws  of  2019,  is
 amended to read as follows:
   (f)  section  twenty-five  of  this  act  shall  expire  and be deemed
 repealed April 1, [2022] 2025;
   § 3. Subdivision (c) of section 122 of part E of  chapter  56  of  the
 laws  of  2013  amending  the  public health law relating to the general
 public health work program, as amended by section 7 of part E of chapter
 57 of the laws of 2019, is amended to read as follows:
   (c) section fifty of this act shall take effect immediately [and shall
 expire nine years after it becomes law];
   § 4. Paragraph (a) of subdivision 1 of section 212 of chapter  474  of
 the  laws of 1996, amending the education law and other laws relating to
 rates for residential healthcare facilities, as amended by section 22 of
 part E of chapter 57 of the laws of 2019, is amended to read as follows:
   (a) Notwithstanding any inconsistent provision of law or regulation to
 the contrary, effective beginning August 1, 1996, for the  period  April
 1,  1997  through  March 31, 1998, April 1, 1998 for the period April 1,
 1998 through March 31, 1999, August 1, 1999, for  the  period  April  1,
 1999 through March 31, 2000, April 1, 2000, for the period April 1, 2000
 through  March  31,  2001,  April  1, 2001, for the period April 1, 2001
 through March 31, 2002, April 1, 2002, for  the  period  April  1,  2002
 through March 31, 2003, and for the state fiscal year beginning April 1,
 2005  through  March  31,  2006, and for the state fiscal year beginning
 April 1, 2006 through March 31, 2007, and  for  the  state  fiscal  year
 beginning April 1, 2007 through March 31, 2008, and for the state fiscal
 year  beginning  April 1, 2008 through March 31, 2009, and for the state
 fiscal year beginning April 1, 2009 through March 31, 2010, and for  the
 state  fiscal  year  beginning April 1, 2010 through March 31, 2016, and
 for the state fiscal year beginning April  1,  2016  through  March  31,
 2019,  and  for  the  state  fiscal year beginning April 1, 2019 through
 March 31, 2022, AND FOR THE STATE FISCAL YEAR BEGINNING  APRIL  1,  2022
 THROUGH  MARCH  31,  2025, the department of health is authorized to pay
 public general hospitals, as defined in subdivision 10 of  section  2801
 of  the  public  health law, operated by the state of New York or by the
 state university of New York or by a county, which shall not  include  a
 city  with  a  population of over one million, of the state of New York,
 and those public general hospitals located in the county of Westchester,
 the county of Erie or the county  of  Nassau,  additional  payments  for
 inpatient  hospital  services as medical assistance payments pursuant to
 title 11 of article 5 of the social services law for  patients  eligible
 for  federal  financial  participation  under  title  XIX of the federal
 social security act in medical assistance pursuant to the  federal  laws
 and  regulations  governing disproportionate share payments to hospitals
 up to one hundred percent of each such public general hospital's medical
 assistance and uninsured patient losses after all other medical  assist-
 ance,  including  disproportionate share payments to such public general
 hospital for 1996, 1997, 1998, and 1999, based  initially  for  1996  on
 reported  1994  reconciled data as further reconciled to actual reported
 1996 reconciled data, and for 1997  based  initially  on  reported  1995
 reconciled data as further reconciled to actual reported 1997 reconciled
 data,  for  1998  based  initially  on  reported 1995 reconciled data as
 further reconciled to actual reported 1998  reconciled  data,  for  1999
 based  initially  on reported 1995 reconciled data as further reconciled
 S. 8007                            129                           A. 9007
 
 to actual reported 1999 reconciled data, for  2000  based  initially  on
 reported  1995  reconciled data as further reconciled to actual reported
 2000 data, for 2001 based initially on reported 1995 reconciled data  as
 further reconciled to actual reported 2001 data, for 2002 based initial-
 ly  on  reported  2000  reconciled  data as further reconciled to actual
 reported 2002 data, and for state fiscal years  beginning  on  April  1,
 2005, based initially on reported 2000 reconciled data as further recon-
 ciled  to  actual  reported  data  for  2005, and for state fiscal years
 beginning on April 1, 2006, based initially on reported 2000  reconciled
 data  as  further reconciled to actual reported data for 2006, for state
 fiscal years beginning on and after April  1,  2007  through  March  31,
 2009, based initially on reported 2000 reconciled data as further recon-
 ciled to actual reported data for 2007 and 2008, respectively, for state
 fiscal  years  beginning  on and after April 1, 2009, based initially on
 reported 2007 reconciled data, adjusted  for  authorized  Medicaid  rate
 changes  applicable  to the state fiscal year, and as further reconciled
 to actual reported data for 2009, for state fiscal  years  beginning  on
 and  after  April  1,  2010, based initially on reported reconciled data
 from the base year two years prior to the  payment  year,  adjusted  for
 authorized  Medicaid  rate  changes applicable to the state fiscal year,
 and further reconciled to actual reported data from such  payment  year,
 and  to  actual  reported data for each respective succeeding year.  The
 payments may be added to rates of payment or made as aggregate  payments
 to an eligible public general hospital.
   §  5. 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 20 of part BB of chapter 56 of the laws of 2020,  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, 2022; 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
 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.
   § 6. Section 2 of part II of chapter 54 of the laws of 2016,  amending
 part  C  of  chapter  58  of  the  laws  of 2005 relating to authorizing
 reimbursements for expenditures made by or on behalf of social  services
 districts  for  medical  assistance for needy persons and administration
 thereof, as amended by section 1 of item C of subpart H of part  XXX  of
 chapter 58 of the laws of 2020, is amended to read as follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed March 31, [2022] 2024.
   § 7. Section 5 of part ZZ of chapter 56 of the laws of  2020  amending
 the  tax  law  and  the social services law relating to certain Medicaid
 management, is amended to read as follows:
   § 5. This act shall take  effect  immediately  [and  shall  be  deemed
 repealed two years after such effective date].
 S. 8007                            130                           A. 9007
 
   §  8.  Paragraph  (c) of subdivision 6 of section 958 of the executive
 law, as added by chapter 337 of the laws of 2018, is amended to read  as
 follows:
   (c)  prepare  and  issue  a report on the working group's findings and
 recommendations by May first, two thousand  [nineteen]  TWENTY-THREE  to
 the  governor,  the temporary president of the senate and the speaker of
 the assembly.
   § 9. Subdivision 2 of section 207-a of the public health law, as added
 by chapter 364 of the laws of 2018, is amended to read as follows:
   2. Such report shall be submitted to the temporary  president  of  the
 senate  and the speaker of the assembly no later than October first, two
 thousand [nineteen] TWENTY-TWO. The department and the  commissioner  of
 mental  health may engage stakeholders in the compilation of the report,
 including but not limited to, medical research institutions, health care
 practitioners, mental health providers, county and local government, and
 advocates.
   § 10. Sections 2 and 3 of chapter 74 of the laws of 2020  relating  to
 directing  the  department  of  health  to  convene a work group on rare
 diseases, as amended by chapter 199 of the laws of 2021, are amended  to
 read as follows:
   § 2. The department of health, in collaboration with the department of
 financial services, shall convene a workgroup of individuals with exper-
 tise  in  rare  diseases,  including physicians, nurses and other health
 care professionals with experience researching, diagnosing  or  treating
 rare  diseases;  members  of  the  scientific  community engaged in rare
 disease research; representatives from the  health  insurance  industry;
 individuals  who  have  a  rare disease or caregivers of a person with a
 rare disease; and representatives of rare disease patient organizations.
 The workgroup's focus shall include, but not be limited to:  identifying
 best  practices  that  could  improve the awareness of rare diseases and
 referral of people with potential rare diseases to specialists and eval-
 uating barriers to treatment, including financial barriers on access  to
 care.  The department of health shall prepare a written report summariz-
 ing opinions and recommendations from the  workgroup  which  includes  a
 list  of existing, publicly accessible resources on research, diagnosis,
 treatment, coverage options and education relating to rare diseases. The
 workgroup shall convene no later than December twentieth,  two  thousand
 twenty-one  and  this report shall be submitted to the governor, speaker
 of the assembly and temporary president of  the  senate  no  later  than
 [three] FOUR years following the effective date of this act and shall be
 posted on the department of health's website.
   §  3.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2019, amending the public health  law
 relating  to establishing the rare disease advisory council, as proposed
 in legislative bills numbers S. 4497 and  A.  5762;  provided,  however,
 that  the  provisions  of  section  two  of this act shall expire and be
 deemed repealed [three] FOUR years after such effective date.
   § 11. Sections 5 and 6 of chapter 414 of the laws  of  2018,  creating
 the  radon task force, as amended by section 1 of item M of subpart B of
 part XXX of chapter 58 of the laws of  2020,  are  amended  to  read  as
 follows:
   §  5.  A  report of the findings and recommendations of the task force
 and any proposed legislation necessary to implement such findings  shall
 be  filed  with the governor, the temporary president of the senate, the
 speaker of the assembly, the minority leader  of  the  senate,  and  the
 S. 8007                            131                           A. 9007
 
 minority  leader  of the assembly on or before November first, two thou-
 sand [twenty-one] TWENTY-TWO.
   §  6.  This  act shall take effect immediately and shall expire and be
 deemed repealed December 31, [2021] 2022.
   § 12. This act shall take effect immediately and shall  be  deemed  to
 have been in full force and effect on and after April 1, 2022; provided,
 however,  that  the amendments to section 2 of chapter 74 of the laws of
 2020 made by section ten of this section and the amendments to section 5
 of chapter 414 of the laws of 2018 made by section eleven of  this  act,
 shall  not affect the expiration of such section and be deemed to expire
 therewith.
 
                                  PART DD
 
   Section 1. 1. Subject to available appropriations and approval of  the
 director  of  the  budget,  the  commissioners  of  the office of mental
 health, office for people with  developmental  disabilities,  office  of
 addiction  services  and  supports,  office  of temporary and disability
 assistance, office of children and family services, and the state office
 for the aging shall establish a state fiscal year 2022-23 cost of living
 adjustment (COLA), effective April  1,  2022,  for  projecting  for  the
 effects  of  inflation  upon  rates of payments, contracts, or any other
 form of reimbursement for the programs and services listed in paragraphs
 (i), (ii), (iii), (iv), (v),  and  (vi)  of  subdivision  four  of  this
 section.   The COLA established herein shall be applied to the appropri-
 ate portion of reimbursable costs or contract amounts.  Where  appropri-
 ate,  transfers  to  the  department  of  health  (DOH) shall be made as
 reimbursement for the state share of medical assistance.
   2. Notwithstanding any inconsistent provision of law, subject  to  the
 approval  of  the  director  of  the budget and available appropriations
 therefore, for the period of April 1, 2022 through March 31,  2023,  the
 commissioners  shall  provide  funding to support a five and four-tenths
 percent (5.4%) cost of living adjustment  under  this  section  for  all
 eligible  programs  and  services  as determined pursuant to subdivision
 four of this section.
   3. Notwithstanding any inconsistent provision of law, and as  approved
 by the director of the budget, the 5.4 percent cost of living adjustment
 (COLA) established herein shall be inclusive of all other cost of living
 type  increases,  inflation  factors,  or  trend  factors that are newly
 applied effective April 1, 2022.   Except for the 5.4  percent  cost  of
 living  adjustment  (COLA) established herein, for the period commencing
 on April 1, 2022 and ending March 31, 2023 the commissioners  shall  not
 apply any other new cost of living adjustments for the purpose of estab-
 lishing rates of payments, contracts or any other form of reimbursement.
 The  phrase "all other cost of living type increases, inflation factors,
 or trend factors" as defined  in  this  subdivision  shall  not  include
 payments  made pursuant to the American Rescue Plan Act or other federal
 relief programs related  to  the  Coronavirus  Disease  2019  (COVID-19)
 pandemic Public Health Emergency.
   4.  Eligible  programs and services. (i) Programs and services funded,
 licensed, or certified by the office of mental health (OMH) eligible for
 the cost  of  living  adjustment  established  herein,  pending  federal
 approval  where  applicable,  include:  office of mental health licensed
 outpatient programs, pursuant to parts 587 and 599 of title 14 CRR-NY of
 the office of mental health regulations including clinic, continuing day
 treatment, day treatment,  intensive  outpatient  programs  and  partial
 S. 8007                            132                           A. 9007
 
 hospitalization;   outreach;  crisis  residence;  crisis  stabilization,
 crisis/respite beds; mobile crisis, part 590  comprehensive  psychiatric
 emergency  program  services;  crisis  intervention;  home  based crisis
 intervention;  family  care;  supported single room occupancy; supported
 housing; supported housing  community  services;  treatment  congregate;
 supported   congregate;   community  residence  -  children  and  youth;
 treatment/apartment; supported  apartment;  community  residence  single
 room occupancy; on-site rehabilitation; employment programs; recreation;
 respite  care;  transportation;  psychosocial  club; assertive community
 treatment; case management; care  coordination,  including  health  home
 plus  services;  local  government  unit  administration; monitoring and
 evaluation; children and youth  vocational  services;  single  point  of
 access;  school-based mental health program; family support children and
 youth; advocacy/support services; drop  in  centers;  recovery  centers;
 transition management services; bridger; home and community based waiver
 services;  behavioral  health waiver services authorized pursuant to the
 section 1115 MRT waiver; self-help programs; consumer  service  dollars;
 conference  of local mental hygiene directors; multicultural initiative;
 ongoing integrated supported employment services;  supported  education;
 mentally   ill/chemical  abuse  (MICA)  network;  personalized  recovery
 oriented services; children and family treatment and  support  services;
 residential treatment facilities operating pursuant to part 584 of title
 14-NYCRR;   geriatric  demonstration  programs;  community-based  mental
 health family treatment  and  support;  coordinated  children's  service
 initiative; homeless services; and promises zone.
   (ii)  Programs  and  services  funded,  licensed,  or certified by the
 office for people with developmental disabilities (OPWDD)  eligible  for
 the  cost  of  living  adjustment  established  herein,  pending federal
 approval where applicable, include: local/unified services; chapter  620
 services;  voluntary operated community residential services; article 16
 clinics; day treatment  services;  family  support  services;  100%  day
 training;  epilepsy services; traumatic brain injury services; hepatitis
 B services;  independent  practitioner  services  for  individuals  with
 intellectual  and/or  developmental  disabilities;  crisis  services for
 individuals with intellectual and/or developmental disabilities;  family
 care  residential  habilitation;  supervised  residential  habilitation;
 supportive residential habilitation; respite; day habilitation; prevoca-
 tional services; supported employment; community habilitation;  interme-
 diate  care  facility  day and residential services; specialty hospital;
 pathways to employment; intensive behavioral services;  basic  home  and
 community  based  services  (HCBS)  plan  support;  health home services
 provided  by  care  coordination  organizations;  community   transition
 services;  family  education  and training; fiscal intermediary; support
 broker; and personal resource accounts.
   (iii) Programs and services funded,  licensed,  or  certified  by  the
 office  of addiction services and supports (OASAS) eligible for the cost
 of living adjustment established herein, pending federal approval  where
 applicable, include: medically supervised withdrawal services - residen-
 tial;  medically  supervised withdrawal services - outpatient; medically
 managed detoxification; medically monitored withdrawal; inpatient  reha-
 bilitation  services;  outpatient  opioid  treatment; residential opioid
 treatment; KEEP units outpatient; residential opioid treatment to absti-
 nence; problem  gambling  treatment;  medically  supervised  outpatient;
 outpatient   rehabilitation;   specialized   services   substance  abuse
 programs; home and community based waiver services pursuant to  subdivi-
 sion  9  of  section 366 of the social services law; children and family
 S. 8007                            133                           A. 9007
 
 treatment and support services; continuum of care rental assistance case
 management; NY/NY III post-treatment  housing;  NY/NY  III  housing  for
 persons  at  risk  for  homelessness; permanent supported housing; youth
 clubhouse;  recovery  community  centers;  recovery community organizing
 initiative; residential rehabilitation services for youth (RRSY); inten-
 sive residential; community residential; supportive living;  residential
 services;  job  placement  initiative;  case  management; family support
 navigator; local government unit administration; peer engagement;  voca-
 tional   rehabilitation;   support   services;  HIV  early  intervention
 services; dual diagnosis coordinator; problem gambling resource centers;
 problem  gambling  prevention;  prevention  resource  centers;   primary
 prevention services; other prevention services; and community services.
   (iv)  Programs  and  services  funded,  licensed,  or certified by the
 office of temporary and disability assistance (OTDA)  eligible  for  the
 cost  of  living adjustment established herein, pending federal approval
 where applicable, include:  nutrition  outreach  and  education  program
 (NOEP).
   (v) Programs and services funded, licensed, or certified by the office
 of  children  and family services (OCFS) eligible for the cost of living
 adjustment established herein, pending federal approval  where  applica-
 ble,  include:  programs  for  which  the  office of children and family
 services establishes maximum state aid rates pursuant to  section  398-a
 of  the social services law and section 4003 of the education law; emer-
 gency foster homes; foster family boarding homes and therapeutic  foster
 homes as defined by the regulations of the office of children and family
 services;  supervised  settings  as defined by subdivision twenty-two of
 section 371 of the  social  services  law;  adoptive  parents  receiving
 adoption subsidy pursuant to section 453 of the social services law; and
 congregate  and  scattered  supportive  housing  programs and supportive
 services provided under the NY/NY III supportive  housing  agreement  to
 young adults leaving or having recently left foster care.
   (vi) Programs and services funded, licensed, or certified by the state
 office  for  the aging (SOFA) eligible for the cost of living adjustment
 established herein, pending federal approval where applicable,  include:
 community  services  for  the elderly; expanded in-home services for the
 elderly; and supplemental nutrition assistance program.
   5. Each local government unit or direct  contract  provider  receiving
 funding  for  the  cost  of  living  adjustment established herein shall
 submit a written certification, in such form and at such  time  as  each
 commissioner  shall prescribe, attesting how such funding will be or was
 used to first promote the recruitment  and  retention  of  non-executive
 direct  care staff, non-executive direct support professionals, non-exe-
 cutive clinical staff, or respond to other critical non-personal service
 costs prior to supporting any salary increases or other compensation for
 executive level job titles.
   6. Notwithstanding any inconsistent provision of law to the  contrary,
 agency  commissioners shall be authorized to recoup funding from a local
 governmental unit or direct contract provider for  the  cost  of  living
 adjustment  established  herein determined to have been used in a manner
 inconsistent with the appropriation, or  any  other  provision  of  this
 section.  Such  agency  commissioners  shall be authorized to employ any
 legal mechanism to recoup such funds, including an offset of other funds
 that are owed to such local governmental unit or direct contract provid-
 er.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2022.
 S. 8007                            134                           A. 9007
 
                                  PART EE
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "9-8-8 suicide prevention and behavioral health crisis hotline act".
   § 2. The mental hygiene law is amended by adding a new  section  36.03
 to read as follows:
 § 36.03  9-8-8 SUICIDE  PREVENTION  AND BEHAVIORAL HEALTH CRISIS HOTLINE
                 SYSTEM.
   (A) DEFINITIONS. WHEN USED IN THIS ARTICLE, THE  FOLLOWING  WORDS  AND
 PHRASES  SHALL  HAVE  THE FOLLOWING MEANINGS UNLESS THE SPECIFIC CONTEXT
 CLEARLY INDICATES OTHERWISE:
   (1) "9-8-8" MEANS THE THREE  DIGIT  PHONE  NUMBER  DESIGNATED  BY  THE
 FEDERAL COMMUNICATIONS COMMISSION FOR THE PURPOSE OF CONNECTING INDIVID-
 UALS EXPERIENCING A BEHAVIORAL HEALTH CRISIS WITH SUICIDE PREVENTION AND
 BEHAVIORAL  HEALTH  CRISIS  COUNSELORS,  MOBILE CRISIS TEAMS, AND CRISIS
 STABILIZATION SERVICES  AND  OTHER  BEHAVIORAL  HEALTH  CRISES  SERVICES
 THROUGH THE NATIONAL SUICIDE PREVENTION LIFELINE.
   (2)  "9-8-8 CRISIS HOTLINE CENTER" MEANS A STATE-IDENTIFIED AND FUNDED
 CENTER PARTICIPATING IN THE NATIONAL SUICIDE PREVENTION LIFELINE NETWORK
 TO RESPOND TO STATEWIDE OR REGIONAL 9-8-8 CALLS.
   (3) "CRISIS STABILIZATION CENTERS" MEANS FACILITIES  PROVIDING  SHORT-
 TERM  OBSERVATION  AND CRISIS STABILIZATION SERVICES JOINTLY LICENSED BY
 THE OFFICE OF MENTAL HEALTH AND THE OFFICE  OF  ADDICTION  SERVICES  AND
 SUPPORTS UNDER SECTION 36.01 OF THIS ARTICLE.
   (4)  "CRISIS  RESIDENTIAL  SERVICES"  MEANS  A  SHORT-TERM RESIDENTIAL
 PROGRAM DESIGNED TO PROVIDE RESIDENTIAL AND SUPPORT SERVICES TO  PERSONS
 WITH  SYMPTOMS  OF  MENTAL  ILLNESS WHO ARE AT RISK OF OR EXPERIENCING A
 PSYCHIATRIC CRISIS.
   (5) "CRISIS INTERVENTION SERVICES"  MEANS  THE  CONTINUUM  TO  ADDRESS
 CRISIS INTERVENTION, CRISIS STABILIZATION, AND CRISIS RESIDENTIAL TREAT-
 MENT  NEEDS THAT ARE WELLNESS, RESILIENCY, AND RECOVERY ORIENTED. CRISIS
 INTERVENTION SERVICES INCLUDE BUT NOT LIMITED TO:  CRISIS  STABILIZATION
 CENTERS, MOBILE CRISIS TEAMS, AND CRISIS RESIDENTIAL SERVICES.
   (6) "MOBILE CRISIS TEAMS" MEANS A TEAM LICENSED, CERTIFIED, OR AUTHOR-
 IZED BY THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES
 AND  SUPPORTS  TO PROVIDE COMMUNITY-BASED MENTAL HEALTH OR SUBSTANCE USE
 DISORDER INTERVENTIONS FOR INDIVIDUALS WHO  ARE  EXPERIENCING  A  MENTAL
 HEALTH OR SUBSTANCE USE DISORDER CRISIS.
   (7)  "NATIONAL  SUICIDE  PREVENTION  LIFELINE"  OR  "NSPL"  MEANS  THE
 NATIONAL NETWORK OF LOCAL CRISIS CENTERS THAT PROVIDE FREE AND CONFIDEN-
 TIAL EMOTIONAL  SUPPORT  TO  PEOPLE  IN  SUICIDAL  CRISIS  OR  EMOTIONAL
 DISTRESS  TWENTY-FOUR  HOURS  A  DAY,  SEVEN DAYS A WEEK VIA A TOLL-FREE
 HOTLINE NUMBER, WHICH RECEIVES CALLS MADE THROUGH THE 9-8-8 SYSTEM.  THE
 TOLL-FREE  NUMBER  IS  MAINTAINED  BY THE ASSISTANT SECRETARY FOR MENTAL
 HEALTH AND SUBSTANCE USE UNDER  SECTION  50-E-3  OF  THE  PUBLIC  HEALTH
 SERVICE ACT, SECTION 290BB-36C OF TITLE 42 OF THE UNITED STATES CODE.
   (B)  THE  COMMISSIONER  OF THE OFFICE OF MENTAL HEALTH, IN CONJUNCTION
 WITH THE COMMISSIONER OF THE OFFICE OF ADDICTION SERVICES AND  SUPPORTS,
 SHALL  HAVE  JOINT  OVERSIGHT OF THE 9-8-8 SUICIDE PREVENTION AND BEHAV-
 IORAL HEALTH CRISIS HOTLINE AND SHALL WORK IN CONCERT WITH NSPL FOR  THE
 PURPOSES OF ENSURING CONSISTENCY OF PUBLIC MESSAGING.
   (C)  THE  COMMISSIONER  OF THE OFFICE OF MENTAL HEALTH, IN CONJUNCTION
 WITH THE COMMISSIONER OF THE OFFICE OF ADDICTION SERVICES AND  SUPPORTS,
 SHALL, ON OR BEFORE JULY SIXTEENTH, TWO THOUSAND TWENTY-TWO, DESIGNATE A
 CRISIS HOTLINE CENTER OR CENTERS TO PROVIDE OR ARRANGE FOR CRISIS INTER-
 VENTION  SERVICES  TO INDIVIDUALS ACCESSING THE 9-8-8 SUICIDE PREVENTION
 S. 8007                            135                           A. 9007
 
 AND BEHAVIORAL HEALTH CRISIS HOTLINE  FROM  ANYWHERE  WITHIN  THE  STATE
 TWENTY-FOUR  HOURS  A  DAY, SEVEN DAYS A WEEK. EACH 9-8-8 CRISIS HOTLINE
 CENTER SHALL DO ALL OF THE FOLLOWING:
   (1)  A  DESIGNATED  HOTLINE CENTER SHALL HAVE AN ACTIVE AGREEMENT WITH
 THE ADMINISTRATOR  OF  THE  NATIONAL  SUICIDE  PREVENTION  LIFELINE  FOR
 PARTICIPATION WITHIN THE NETWORK.
   (2)  A DESIGNATED HOTLINE CENTER SHALL MEET NSPL REQUIREMENTS AND BEST
 PRACTICES GUIDELINES FOR OPERATION AND CLINICAL STANDARDS.
   (3) A DESIGNATED HOTLINE CENTER MAY UTILIZE TECHNOLOGY, INCLUDING  BUT
 NOT  LIMITED  TO, CHAT AND TEXT THAT IS INTEROPERABLE BETWEEN AND ACROSS
 THE 9-8-8 SUICIDE PREVENTION AND BEHAVIORAL HEALTH CRISIS HOTLINE SYSTEM
 AND THE ADMINISTRATOR OF THE NATIONAL SUICIDE PREVENTION LIFELINE.
   (4) A DESIGNATED HOTLINE CENTER SHALL ACCEPT  TRANSFERS  OF  ANY  CALL
 FROM 9-1-1 PERTAINING TO A BEHAVIORAL HEALTH CRISIS.
   (5)  A DESIGNATED HOTLINE CENTER SHALL ENSURE COORDINATION BETWEEN THE
 9-8-8 CRISIS HOTLINE CENTERS, 9-1-1, BEHAVIORAL HEALTH CRISIS  SERVICES,
 AND,  WHEN APPROPRIATE, OTHER SPECIALTY BEHAVIORAL HEALTH WARM LINES AND
 HOTLINES AND OTHER EMERGENCY SERVICES.  IF A LAW  ENFORCEMENT,  MEDICAL,
 OR FIRE RESPONSE IS ALSO NEEDED, 9-8-8 AND 9-1-1 OPERATORS SHALL COORDI-
 NATE  THE  SIMULTANEOUS  DEPLOYMENT OF THOSE SERVICES WITH MOBILE CRISIS
 SERVICES.
   (6) A DESIGNATED HOTLINE CENTER SHALL HAVE  THE  AUTHORITY  TO  DEPLOY
 CRISIS INTERVENTION SERVICES, INCLUDING BUT NOT LIMITED TO MOBILE CRISIS
 TEAMS,  AND COORDINATE ACCESS TO CRISIS STABILIZATION CENTERS, AND OTHER
 MENTAL HEALTH CRISIS SERVICES, AS APPROPRIATE, AND ACCORDING  TO  GUIDE-
 LINES AND BEST PRACTICES ESTABLISHED BY NEW YORK STATE AND THE NSPL.
   (7)  A DESIGNATED HOTLINE CENTER SHALL MEET THE REQUIREMENTS SET FORTH
 BY NEW YORK STATE AND THE NSPL FOR SERVING  HIGH  RISK  AND  SPECIALIZED
 POPULATIONS  INCLUDING  BUT  NOT  LIMITED  TO:  BLACK, AFRICAN AMERICAN,
 HISPANIC, LATINO, ASIAN,  PACIFIC  ISLANDER,  NATIVE  AMERICAN,  ALASKAN
 NATIVE; LESBIAN, GAY, BISEXUAL, TRANSGENDER, NONBINARY, QUEER, AND QUES-
 TIONING  INDIVIDUALS;  INDIVIDUALS  WITH  INTELLECTUAL AND DEVELOPMENTAL
 DISABILITIES; INDIVIDUALS EXPERIENCING HOMELESSNESS OR HOUSING INSTABIL-
 ITY; IMMIGRANTS AND REFUGEES; CHILDREN  AND  YOUTH;  OLDER  ADULTS;  AND
 RELIGIOUS  COMMUNITIES  AS IDENTIFIED BY THE FEDERAL SUBSTANCE ABUSE AND
 MENTAL HEALTH SERVICES ADMINISTRATION, INCLUDING  TRAINING  REQUIREMENTS
 AND POLICIES FOR PROVIDING LINGUISTICALLY AND CULTURALLY COMPETENT CARE.
   (8)  A  DESIGNATED  HOTLINE CENTER SHALL PROVIDE FOLLOW-UP SERVICES AS
 NEEDED TO INDIVIDUALS ACCESSING THE 9-8-8 SUICIDE PREVENTION AND  BEHAV-
 IORAL HEALTH CRISIS HOTLINE CONSISTENT WITH GUIDANCE AND POLICIES ESTAB-
 LISHED BY NEW YORK STATE AND THE NSPL.
   (9)  A  DESIGNATED HOTLINE CENTER SHALL PROVIDE DATA, AND REPORTS, AND
 PARTICIPATE  IN  EVALUATIONS  AND  QUALITY  IMPROVEMENT  ACTIVITIES   AS
 REQUIRED  BY  THE  OFFICE  OF  MENTAL HEALTH AND THE OFFICE OF ADDICTION
 SERVICES AND SUPPORTS.
   (D) THE COMMISSIONER OF THE OFFICE OF MENTAL  HEALTH,  IN  CONJUNCTION
 WITH  THE COMMISSIONER OF THE OFFICE OF ADDICTION SERVICES AND SUPPORTS,
 SHALL ESTABLISH A COMPREHENSIVE LIST OF REPORTING METRICS REGARDING  THE
 9-8-8  SUICIDE  PREVENTION AND BEHAVIORAL HEALTH CRISIS HOTLINE'S USAGE,
 SERVICES AND IMPACT WHICH SHALL INCLUDE, AT A MINIMUM:
   (1) THE VOLUME OF REQUESTS  FOR  ASSISTANCE  THAT  THE  9-8-8  SUICIDE
 PREVENTION AND BEHAVIORAL HEALTH CRISIS HOTLINE RECEIVED;
   (2)  THE  AVERAGE  LENGTH OF TIME TAKEN TO RESPOND TO EACH REQUEST FOR
 ASSISTANCE, AND THE AGGREGATE RATES OF CALL ABANDONMENT;
   (3) THE TYPES OF  REQUESTS  FOR  ASSISTANCE  THAT  THE  9-8-8  SUICIDE
 PREVENTION AND BEHAVIORAL HEALTH CRISIS HOTLINE RECEIVED; AND
 S. 8007                            136                           A. 9007
 
   (4) THE NUMBER OF MOBILE CRISIS TEAMS DISPATCHED.
   (E)  THE  COMMISSIONER  OF THE OFFICE OF MENTAL HEALTH, IN CONJUNCTION
 WITH THE COMMISSIONER OF THE OFFICE OF ADDICTION SERVICES AND  SUPPORTS,
 SHALL  SUBMIT AN ANNUAL REPORT ON OR BY DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-THREE AND ANNUALLY THEREAFTER, REGARDING  THE  COMPREHENSIVE
 LIST  OF  REPORTING  METRICS TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
 THE SENATE, THE SPEAKER OF THE ASSEMBLY,  THE  MINORITY  LEADER  OF  THE
 SENATE AND THE MINORITY LEADER OF THE ASSEMBLY.
   (F)  MONEYS ALLOCATED FOR THE PAYMENT OF COSTS DETERMINED IN CONSULTA-
 TION WITH THE COMMISSIONERS OF MENTAL HEALTH AND THE OFFICE OF ADDICTION
 SERVICES  AND  SUPPORTS  ASSOCIATED  WITH  THE  ADMINISTRATION,  DESIGN,
 INSTALLATION, CONSTRUCTION, OPERATION, OR MAINTENANCE OF A 9-8-8 SUICIDE
 PREVENTION  AND  BEHAVIORAL  HEALTH  CRISIS  HOTLINE  SYSTEM SERVING THE
 STATE, INCLUDING, BUT NOT LIMITED TO:    STAFFING,  HARDWARE,  SOFTWARE,
 CONSULTANTS,  FINANCING AND OTHER ADMINISTRATIVE COSTS TO OPERATE CRISIS
 CALL-CENTERS THROUGHOUT THE STATE AND THE PROVISION OF ACUTE AND  CRISIS
 SERVICES  FOR  MENTAL  HEALTH  AND  SUBSTANCE  USE  DISORDER BY DIRECTLY
 RESPONDING TO THE 9-8-8 HOTLINE ESTABLISHED  PURSUANT  TO  THE  NATIONAL
 SUICIDE  HOTLINE  DESIGNATION  ACT  OF 2020 (47 U.S.C. § 251A) AND RULES
 ADOPTED BY THE FEDERAL COMMUNICATIONS COMMISSION, INCLUDING  SUCH  COSTS
 INCURRED  BY THE STATE, SHALL NOT SUPPLANT ANY SEPARATE EXISTING, FUTURE
 APPROPRIATIONS, OR FUTURE FUNDING SOURCES DEDICATED TO THE 9-8-8  CRISIS
 RESPONSE SYSTEM.
   § 3. This act shall take effect immediately.

                                  PART FF
 
   Section  1. Subdivision 5 of section 365-m of the social services law,
 as added by section 11 of part C of chapter 60 of the laws of  2014,  is
 amended to read as follows:
   5.  Pursuant  to appropriations WITHIN THE OFFICES OF MENTAL HEALTH OR
 ADDICTION SERVICES AND SUPPORTS, the department of health shall reinvest
 [funds allocated for behavioral health services, which are general  fund
 savings  directly related to] savings realized through the transition of
 populations covered by this section from the  applicable  Medicaid  fee-
 for-service system to a managed care model, including savings [resulting
 from  the  reduction  of  inpatient  and  outpatient  behavioral  health
 services provided under the  Medicaid  programs  licensed  or  certified
 pursuant  to article thirty-one or thirty-two of the mental hygiene law,
 or programs that are licensed pursuant to both article thirty-one of the
 mental hygiene law and article twenty-eight of the public health law, or
 certified under both article thirty-two of the mental  hygiene  law  and
 article  twenty-eight  of  the  public  health law] REALIZED THROUGH THE
 RECOVERY OF PREMIUMS FROM  MANAGED  CARE  PROVIDERS  WHICH  REPRESENT  A
 REDUCTION  OF  SPENDING ON QUALIFYING BEHAVIORAL HEALTH SERVICES AGAINST
 ESTABLISHED PREMIUM TARGETS  FOR  BEHAVIORAL  HEALTH  SERVICES  AND  THE
 MEDICAL  LOSS  RATIO APPLICABLE TO SPECIAL NEEDS MANAGED CARE PLANS, for
 the purpose of  increasing  investment  in  community  based  behavioral
 health  services, including residential services certified by the office
 of [alcoholism and substance abuse]  ADDICTION  services  AND  SUPPORTS.
 The  methodologies  used  to calculate the savings shall be developed by
 the commissioner of health and the director of the budget  in  consulta-
 tion  with  the  commissioners  of  the  office of mental health and the
 office of  [alcoholism  and  substance  abuse]  ADDICTION  services  AND
 SUPPORTS.  In  no  event  shall  the full annual value of the [community
 based behavioral health service] reinvestment [savings  attributable  to
 S. 8007                            137                           A. 9007

 the  transition to managed care] PURSUANT TO THIS SUBDIVISION exceed the
 [twelve month value of the department of health general fund  reductions
 resulting  from  such  transition]  VALUE OF THE PREMIUMS RECOVERED FROM
 MANAGED CARE PROVIDERS WHICH REPRESENT A REDUCTION OF SPENDING ON QUALI-
 FYING BEHAVIORAL HEALTH SERVICES. Within any fiscal year where appropri-
 ation  increases  are  recommended  for reinvestment, insofar as managed
 care transition savings do not occur as  estimated,  [and  general  fund
 savings  do  not  result,]  then  spending  for such reinvestment may be
 reduced in the next year's annual budget itemization. [The  commissioner
 of  health shall promulgate regulations, and prior to October first, two
 thousand fifteen, may promulgate emergency regulations  as  required  to
 distribute  funds  pursuant to this subdivision; provided, however, that
 any emergency regulations promulgated pursuant  to  this  section  shall
 expire  no  later than December thirty-first, two thousand fifteen.] The
 commissioner shall include [detailed  descriptions  of  the  methodology
 used to calculate savings] INFORMATION REGARDING THE FUNDS AVAILABLE for
 reinvestment[,  the  results of applying such methodologies, the details
 regarding  implementation  of  such  reinvestment]  pursuant   to   this
 section[,  and  any  regulations promulgated under this subdivision,] in
 the annual report required under section forty-five-c of part A of chap-
 ter fifty-six of the laws of two thousand thirteen.
   § 2. This act shall take effect immediately.
 
                                  PART GG
 
   Section 1. Section 7 of part H of chapter 57  of  the  laws  of  2019,
 amending  the  public  health  law  relating  to waiver of certain regu-
 lations, as amended by section 7 of part S of chapter 57 of the laws  of
 2021, 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,  [2022]
 2025.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022.
 
                                  PART HH

   Section 1. Section 3309 of the public health law is amended by  adding
 a new subdivision 8 to read as follows:
   8.  ANY PHARMACY REGISTERED BY THE NEW YORK STATE DEPARTMENT OF EDUCA-
 TION AND THE  FEDERAL  DRUG  ENFORCEMENT  ADMINISTRATION  (DEA)  OR  ITS
 SUCCESSOR  AGENCY  THAT  MAINTAINS  A  STOCK  OF  AND DIRECTLY DISPENSES
 CONTROLLED SUBSTANCE MEDICATIONS PURSUANT TO PRESCRIPTIONS FOR HUMANS IN
 THE STATE OF NEW YORK, SHALL MAINTAIN A MINIMUM STOCK OF  A  THIRTY  DAY
 SUPPLY  OF BOTH AN OPIOID ANTAGONIST MEDICATION AND SEPARATELY AN OPIOID
 PARTIAL AGONIST MEDICATION FOR THE TREATMENT OF AN OPIOID USE  DISORDER,
 TO THE EXTENT PERMITTED PURSUANT TO FEDERAL WHOLESALER THRESHOLD LIMITS.
 FOR  PURPOSES OF THIS SUBDIVISION, A THIRTY DAY SUPPLY OF OPIOID PARTIAL
 AGONIST MEDICATION SHALL MEAN ANY COMBINATION OF DOSAGES  SUFFICIENT  TO
 FILL A PRESCRIPTION OF SIXTEEN MILLIGRAMS PER DAY FOR A PERIOD OF THIRTY
 DAYS.  WHERE  THE  FOOD AND DRUG ADMINISTRATION HAS DEFINED AND APPROVED
 ONE OR MORE THERAPEUTIC AND PHARMACEUTICAL EQUIVALENTS OF THESE  MEDICA-
 TIONS  A  PHARMACY  IS  NOT  REQUIRED  TO  MAINTAIN  A STOCK OF ALL SUCH
 VERSIONS, SO LONG AS AT LEAST ONE VERSION OF AN  OPIOID  ANTAGONIST  AND
 ONE VERSION OF AN OPIOID PARTIAL AGONIST MEDICATION FOR THE TREATMENT OF
 S. 8007                            138                           A. 9007
 
 AN  OPIOID  USE  DISORDER  IS AVAILABLE TO DISPENSE.   WHERE FEDERAL AND
 STATE LAWS AND REGULATIONS PERMIT  DISPENSING  OF  OPIOID  FULL  AGONIST
 MEDICATION  FOR  THE  TREATMENT OF AN OPIOID USE DISORDER, SUCH PHARMACY
 MAY  ALSO  MAINTAIN A STOCK OF OPIOID FULL AGONIST MEDICATION CONSISTENT
 WITH THIS SUBDIVISION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART II
 
   Section 1. Paragraph 38 of section 1.03 of the mental hygiene law,  as
 amended  by  chapter  281  of  the  laws  of 2019, is amended to read as
 follows:
   38. "Residential services facility" or "[Alcoholism community]  COMMU-
 NITY  residence  FOR  ADDICTION" means any facility licensed or operated
 pursuant to article thirty-two of this chapter which  provides  residen-
 tial  services for the treatment of an addiction disorder and a homelike
 environment, including room, board and responsible supervision  as  part
 of an overall service delivery system.
   §  2.  Paragraph  1  of subdivision (a) of section 32.05 of the mental
 hygiene law, as added by chapter 558 of the laws of 1999, is amended  to
 read as follows:
   1. operation of a residential program, including a community residence
 for  the care, custody, or treatment of persons suffering from [chemical
 abuse or dependence] AN  ADDICTIVE  DISORDER;  provided,  however,  that
 giving  domestic  care  and  comfort  to  a person in the home shall not
 constitute such an operation; PROVIDED FURTHER THAT THE CERTIFICATION OF
 A RECOVERY RESIDENCE, DEVELOPED AND  ADMINISTERED  BY  THE  COMMISSIONER
 DIRECTLY  OR PURSUANT TO A CONTRACT WITH A DESIGNATED ENTITY, SHALL HAVE
 THE FOLLOWING STRUCTURE AND MEANING FOR PURPOSES OF THIS SECTION:
   (I)(A) "RECOVERY RESIDENCE" MEANS A  SHARED  LIVING  ENVIRONMENT  FREE
 FROM  ALCOHOL  AND  ILLICIT  DRUG  USE  WHICH UTILIZES PEER SUPPORTS AND
 CONNECTION TO SERVICES TO PROMOTE SUSTAINED RECOVERY FROM SUBSTANCE  USE
 DISORDER.
   (B)  "CERTIFIED  RECOVERY  RESIDENCE" MEANS A RECOVERY RESIDENCE WHICH
 COMPLIES WITH STANDARDS FOR THE OPERATION OF A CERTIFIED RECOVERY  RESI-
 DENCE WHICH ARE ISSUED BY THE OFFICE.
   (II)  THE  COMMISSIONER  SHALL REGULATE AND ASSURE THE CONSISTENT HIGH
 QUALITY OF CERTIFIED RECOVERY RESIDENCES  FOR  INDIVIDUALS  IN  RECOVERY
 FROM A SUBSTANCE USE DISORDER. THE COMMISSIONER, DIRECTLY OR PURSUANT TO
 CONTRACT  WITH  A  DESIGNATED  ENTITY, SHALL IMPLEMENT STANDARDS FOR THE
 OPERATION OF A CERTIFIED RECOVERY RESIDENCE, A  VOLUNTARY  CERTIFICATION
 PROCESS, AND CONDUCT ONGOING MONITORING OF RECOVERY RESIDENCES.
   (III)  THE COMMISSIONER SHALL MAINTAIN ON THE OFFICE WEBSITE A LIST OF
 CERTIFIED RECOVERY RESIDENCES.
   § 3. Section 41.52 of the mental hygiene law, as  amended  by  chapter
 223 of the laws of 1992, is amended to read as follows:
 § 41.52 Community residential services for [alcoholism] ADDICTION.
   (a)  The  commissioner  of  [alcoholism  and substance abuse services]
 ADDICTION SERVICES AND SUPPORTS  is  authorized,  within  appropriations
 made  therefor,  to  establish  a  continuum  of  community  residential
 services for [alcoholism] ADDICTIVE DISORDER SERVICES.
   (b) The commissioner shall establish standards for the  operation  and
 funding of community residential services, including but not limited to:
   (1)  criteria for admission to and continued residence in each type of
 community residence;
 S. 8007                            139                           A. 9007
 
   (2) periodic evaluation of services provided by community residences;
   (3) staffing patterns for each type of community residence; and
   (4)  guidelines  for determining state aid to community residences, as
 described in [subdivision (c) of this section]  ARTICLE  TWENTY-FIVE  OF
 THIS CHAPTER.
   (c)  Within  amounts  available  therefor  and  subject to regulations
 established by the commissioner and notwithstanding any other provisions
 of this article, the commissioner may provide state aid to local govern-
 ments and to voluntary agencies in an amount up to one  hundred  percent
 of  net operating costs of community residences for alcoholism services.
 The commissioner shall establish guidelines for determining  the  amount
 of  state aid provided pursuant to this section. The guidelines shall be
 designed to enable the effective and efficient operation of  such  resi-
 dences  and  shall  include,  but  need not be limited to, standards for
 determining anticipated revenue, for retention and use of income exceed-
 ing the anticipated amount and  for  determining  reasonable  levels  of
 uncollectible  income. Such state aid to voluntary agencies shall not be
 granted unless the proposed community residence is consistent  with  the
 relevant  local  services plan adopted pursuant to section 41.18 of this
 article.
   § 4. This act shall take effect immediately.
 
                                  PART JJ
 
   Section 1. The section heading and subdivisions (a) and (d) of section
 19.25 of the mental hygiene law, as added by chapter 223 of the laws  of
 1992, are amended to read as follows:
   [Alcohol] SUBSTANCE USE awareness program.
   (a)  The office shall establish [an alcohol] A SUBSTANCE USE awareness
 program within the office which shall focus upon, but not be limited to,
 the health effects and social costs of [alcoholism  and  alcohol  abuse]
 ALCOHOL AND CANNABIS USE.
   (d)  A  certificate  of  completion  shall be sent to the court by the
 [office] PROGRAM upon completion of the program by all participants.
   § 2. This act shall take effect immediately.
 
                                  PART KK
 
   Section 1. Section 9 of section 1 of chapter 359 of the laws of  1968,
 constituting  the  facilities  development corporation act is amended by
 adding a new subdivision 7 to read as follows:
   7. EXPEDITED PROCESS FOR MENTAL HYGIENE FACILITIES DEDICATED  FOR  THE
 TREATMENT  OF  ADDICTION.  TO  MORE  SWIFTLY COMBAT ADDICTION ISSUES AND
 CONSISTENT WITH THE POLICIES OF THE STATE OF NEW YORK  AS  EXPRESSED  IN
 SECTION  19.01 OF  THE MENTAL HYGIENE LAW, THE PROVISIONS OF THIS SUBDI-
 VISION SHALL APPLY TO  MENTAL  HYGIENE  FACILITIES  CREATED,  OR  TO  BE
 CREATED,  TO  OFFER  TREATMENT  PROGRAMS,  REHABILITATION  SERVICES, AND
 RELATED AND ATTENDANT SERVICES, FOR ADDICTION THAT ARE LICENSED,  CERTI-
 FIED  OR  OTHERWISE  AUTHORIZED  BY THE OFFICE OF ADDICTION SERVICES AND
 SUPPORTS.
   A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE  CORPORATION  SHALL
 HAVE THE AUTHORITY TO:
   (I)  ACQUIRE  BY  LEASE, PURCHASE, CONDEMNATION, GIFT OR OTHERWISE ANY
 REAL PROPERTY IT DEEMS NECESSARY OR  CONVENIENT  FOR  USE  AS  A  MENTAL
 HYGIENE  FACILITY  DEDICATED  TO PROVIDING ADDICTION PROGRAMS, REHABILI-
 TATION SERVICES, AND RELATED AND ATTENDANT  SERVICES;  AND  SUCH  LEASE,
 S. 8007                            140                           A. 9007

 PURCHASE OR ACQUISITION SHALL BE IN THE NAME OF THE STATE, ACTING BY AND
 THROUGH THE CORPORATION OR THE DORMITORY AUTHORITY, AND ON BEHALF OF THE
 OFFICE OF ADDICTION SERVICES AND SUPPORTS; AND
   (II)  DESIGN,  CONSTRUCT,  RECONSTRUCT,  REHABILITATE AND IMPROVE SUCH
 MENTAL HYGIENE FACILITIES ON BEHALF OF THE OFFICE OF ADDICTION  SERVICES
 AND  SUPPORTS,  OR  CAUSE  SUCH  FACILITIES TO BE DESIGNED, CONSTRUCTED,
 RECONSTRUCTED, REHABILITATED AND IMPROVED; AND
   (III) IN CONNECTION WITH SUCH  DESIGN,  CONSTRUCTION,  RECONSTRUCTION,
 REHABILITATION  AND  IMPROVEMENT,  TO  INSTALL  OR CAUSE TO BE INSTALLED
 WATER, SEWER, GAS, ELECTRICAL, TELEPHONE, HEATING, AIR CONDITIONING  AND
 OTHER UTILITY SERVICES, INCLUDING APPROPRIATE CONNECTIONS; AND
   (IV)   MAKE  SUCH  MENTAL  HYGIENE  FACILITY  AVAILABLE  UNDER  LEASE,
 SUBLEASE, LICENSE OR PERMIT TO A VOLUNTARY AGENCY UPON  SUCH  TERMS  AND
 CONDITIONS  AS  DETERMINED  BY  THE  OFFICE  OF  ADDICTION  SERVICES AND
 SUPPORTS; OR, NOTWITHSTANDING THE PROVISIONS OF THE PUBLIC LANDS LAW  OR
 ANY  OTHER  GENERAL OR SPECIAL LAW TO THE CONTRARY, TO CONVEY THE RIGHT,
 TITLE AND INTEREST OF THE PEOPLE OF THE STATE OF NEW YORK IN AND TO SUCH
 FACILITY AND THE LAND APPURTENANT THERETO TO SUCH  VOLUNTARY  AGENCY  TO
 OPERATE  AS A MENTAL HYGIENE FACILITY UPON SUCH TERMS AND CONDITIONS AND
 FOR SUCH CONSIDERATION, IF ANY, AS SHALL BE  PROVIDED  IN  AN  AGREEMENT
 AMONG THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, THE CORPORATION AND
 SUCH  VOLUNTARY  AGENCY SUBJECT TO THE ATTORNEY GENERAL PASSING UPON THE
 FORM AND SUFFICIENCY OF ANY DEED OF CONVEYANCE AND  ANY  LEASE  OF  REAL
 PROPERTY AUTHORIZED TO BE GIVEN UNDER THIS SUBDIVISION, WHICH SHALL ONLY
 BE EFFECTIVE ONCE THE DEED, LEASE, SUBLEASE OR AGREEMENT SHALL HAVE BEEN
 SO  APPROVED.    NOTWITHSTANDING  SECTIONS  ONE  HUNDRED  TWELVE AND ONE
 HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW  AND  SECTION  ONE  HUNDRED
 FORTY-TWO  OF  THE  ECONOMIC  DEVELOPMENT LAW, OR ANY OTHER INCONSISTENT
 PROVISION OF LAW, SUCH VOLUNTARY AGENCY MAY BE SELECTED BY THE OFFICE OF
 ADDICTION SERVICES AND SUPPORTS, WITHOUT A COMPETITIVE  BID  OR  REQUEST
 FOR PROPOSAL PROCESS.
   B.  ALL CONTRACTS WHICH ARE TO BE AWARDED PURSUANT TO THIS SUBDIVISION
 SHALL BE PUBLICLY ADVERTISED PURSUANT TO ARTICLE FOUR-C OF THE  ECONOMIC
 DEVELOPMENT LAW.
   § 2. This act shall take effect immediately.
 
                                  PART LL
 
   Section  1.  Section  48-a of part A of chapter 56 of the laws of 2013
 amending the public health law and other laws relating to general hospi-
 tal reimbursement for annual rates, as amended by section 18 of  part  E
 of chapter 57 of the laws of 2019, is amended to read as follows:
   §  48-a. 1. Notwithstanding any contrary provision of law, the commis-
 sioners of the office of  [alcoholism  and  substance  abuse]  ADDICTION
 services  AND  SUPPORTS  and the office of mental health are authorized,
 subject to the approval of the director of the budget,  to  transfer  to
 the commissioner of health state funds to be utilized as the state share
 for  the  purpose  of  increasing payments under the medicaid program to
 managed care organizations licensed  under  article  44  of  the  public
 health  law  or under article 43 of the insurance law. Such managed care
 organizations shall utilize such funds for the  purpose  of  reimbursing
 providers  licensed  pursuant  to article 28 of the public health law or
 article 36, 31 or 32 of the mental hygiene law for ambulatory behavioral
 health services, as determined by the commissioner of health, in consul-
 tation  with  the  commissioner  of  [alcoholism  and  substance  abuse]
 ADDICTION  services  AND  SUPPORTS and the commissioner of the office of
 S. 8007                            141                           A. 9007

 mental health, provided to medicaid enrolled  outpatients  and  for  all
 other  behavioral  health services except inpatient included in New York
 state's Medicaid redesign waiver approved by the  centers  for  medicare
 and Medicaid services (CMS).  Such reimbursement shall be in the form of
 fees  for such services which are equivalent to the payments established
 for such services under the ambulatory patient group (APG)  rate-setting
 methodology  as  utilized  by  the  department  of health, the office of
 [alcoholism and substance abuse] ADDICTION services AND SUPPORTS, or the
 office of mental health for rate-setting purposes or any such other fees
 pursuant to the Medicaid state plan or otherwise approved by CMS in  the
 Medicaid  redesign  waiver; provided, however, that the increase to such
 fees that shall result from the provisions of this section shall not, in
 the aggregate and as  determined  by  the  commissioner  of  health,  in
 consultation  with  the commissioner of [alcoholism and substance abuse]
 ADDICTION services AND SUPPORTS and the commissioner of  the  office  of
 mental health, be greater than the increased funds made available pursu-
 ant  to this section.  The increase of such ambulatory behavioral health
 fees to providers available under this section shall  be  for  all  rate
 periods  on and after the effective date of section [1] 18 of part [P] E
 of chapter 57 of the laws of [2017] 2019 through March 31,  [2023]  2027
 for  patients in the city of New York, for all rate periods on and after
 the effective date of section [1] 18 of part [P] E of chapter 57 of  the
 laws  of  [2017] 2019 through March 31, [2023] 2027 for patients outside
 the city of New York, and for all rate periods on and after  the  effec-
 tive date of such chapter through March 31, [2023] 2027 for all services
 provided  to persons under the age of twenty-one; provided, however, the
 commissioner of health, in consultation with the commissioner of  [alco-
 holism  and  substance  abuse]  ADDICTION  services AND SUPPORTS and the
 commissioner of mental health, may require, as a condition  of  approval
 of  such  ambulatory behavioral health fees, that aggregate managed care
 expenditures to eligible providers meet the alternative payment  method-
 ology  requirements  as  set forth in attachment I of the New York state
 medicaid section one thousand one hundred fifteen medicaid redesign team
 waiver as approved by the centers for medicare  and  medicaid  services.
 The  commissioner of health shall, in consultation with the commissioner
 of [alcoholism and substance abuse] ADDICTION services AND SUPPORTS  and
 the commissioner of mental health, waive such conditions if a sufficient
 number  of providers, as determined by the commissioner, suffer a finan-
 cial hardship as a consequence of such alternative  payment  methodology
 requirements,  or  if  he  or  she shall determine that such alternative
 payment methodologies significantly threaten individuals access to ambu-
 latory behavioral health services.   Such waiver may  be  applied  on  a
 provider  specific  or industry wide basis. Further, such conditions may
 be waived, as the commissioner  determines  necessary,  to  comply  with
 federal  rules  or  regulations  governing  these payment methodologies.
 Nothing in this section shall prohibit managed  care  organizations  and
 providers from negotiating different rates and methods of payment during
 such  periods described above, subject to the approval of the department
 of health. The department of health shall consult  with  the  office  of
 [alcoholism and substance abuse] ADDICTION services AND SUPPORTS and the
 office  of  mental  health in determining whether such alternative rates
 shall be approved. The commissioner of health may, in consultation  with
 the  commissioner of [alcoholism and substance abuse] ADDICTION services
 AND SUPPORTS and the  commissioner  of  the  office  of  mental  health,
 promulgate  regulations,  including  emergency  regulations  promulgated
 prior to October 1, 2015 to establish rates  for  ambulatory  behavioral
 S. 8007                            142                           A. 9007
 
 health  services,  as  are necessary to implement the provisions of this
 section. Rates promulgated under this section shall be included  in  the
 report required under section 45-c of part A of this chapter.
   2.  Notwithstanding  any  contrary  provision of law, the fees paid by
 managed care organizations licensed  under  article  44  of  the  public
 health  law  or  under  article  43  of  the insurance law, to providers
 licensed pursuant to article 28 of the public health law or article  36,
 31  or  32  of  the mental hygiene law, for ambulatory behavioral health
 services provided to patients enrolled in  the  child  health  insurance
 program  pursuant  to  title 1-A of article 25 of the public health law,
 shall be in the form of fees for such services which are  equivalent  to
 the  payments established for such services under the ambulatory patient
 group (APG) rate-setting methodology or any such other fees  established
 pursuant  to  the  Medicaid state plan. The commissioner of health shall
 consult with  the  commissioner  of  [alcoholism  and  substance  abuse]
 ADDICTION  services  AND  SUPPORTS and the commissioner of the office of
 mental health in determining such services and establishing  such  fees.
 Such ambulatory behavioral health fees to providers available under this
 section shall be for all rate periods on and after the effective date of
 this  chapter  through  March  31,  [2023] 2027, provided, however, that
 managed care organizations and providers may negotiate  different  rates
 and  methods  of payment during such periods described above, subject to
 the approval of the department of health.    The  department  of  health
 shall  consult  with  the  office  of  [alcoholism  and substance abuse]
 ADDICTION services AND SUPPORTS and  the  office  of  mental  health  in
 determining  whether  such  alternative  rates  shall be approved.   The
 report required under section 16-a of part C of chapter 60 of  the  laws
 of  2014  shall  also include the population of patients enrolled in the
 child health insurance program pursuant to title 1-A of  article  25  of
 the public health law in its examination on the transition of behavioral
 health services into managed care.
   §  2.  Section 1 of part H of chapter 111 of the laws of 2010 relating
 to increasing Medicaid payments to providers through managed care organ-
 izations and providing equivalent fees  through  an  ambulatory  patient
 group  methodology,  as amended by section 19 of part E of chapter 57 of
 the laws of 2019, is amended to read as follows:
   Section 1. a. Notwithstanding  any  contrary  provision  of  law,  the
 commissioners  of  mental  health  and  [alcoholism and substance abuse]
 ADDICTION services AND SUPPORTS are authorized, subject to the  approval
 of the director of the budget, to transfer to the commissioner of health
 state  funds  to  be  utilized  as  the  state  share for the purpose of
 increasing payments under the medicaid program to managed care organiza-
 tions licensed under article 44 of the public health law or under  arti-
 cle  43  of  the  insurance  law.  Such managed care organizations shall
 utilize such funds for the purpose  of  reimbursing  providers  licensed
 pursuant  to article 28 of the public health law, or pursuant to article
 36, 31 or article 32 of the mental hygiene law for ambulatory behavioral
 health services, as determined by the commissioner of health in  consul-
 tation with the commissioner of mental health and commissioner of [alco-
 holism and substance abuse] ADDICTION services AND SUPPORTS, provided to
 medicaid  enrolled  outpatients  and  for  all  other  behavioral health
 services except inpatient included in New York state's Medicaid redesign
 waiver approved by the centers for medicare and Medicaid services (CMS).
 Such reimbursement shall be in the form of fees for such services  which
 are  equivalent  to the payments established for such services under the
 ambulatory patient group (APG) rate-setting methodology as  utilized  by
 S. 8007                            143                           A. 9007
 
 the  department of health or by the office of mental health or office of
 [alcoholism and substance abuse] ADDICTION  services  AND  SUPPORTS  for
 rate-setting  purposes  or  any such other fees pursuant to the Medicaid
 state plan or otherwise approved by CMS in the Medicaid redesign waiver;
 provided, however, that the increase to such fees that shall result from
 the provisions of this section shall not, in the aggregate and as deter-
 mined by the commissioner of health in consultation with the commission-
 ers  of  mental  health  and  [alcoholism and substance abuse] ADDICTION
 services AND SUPPORTS, be greater than the increased funds  made  avail-
 able  pursuant  to  this section. The increase of such behavioral health
 fees to providers available under this section shall  be  for  all  rate
 periods  on and after the effective date of section [2] 19 of part [P] E
 of chapter 57 of the laws of [2017] 2019 through March 31,  [2023]  2027
 for  patients in the city of New York, for all rate periods on and after
 the effective date of section [2] 19 of part [P] E of chapter 57 of  the
 laws  of  [2017] 2019 through March 31, [2023] 2027 for patients outside
 the city of New York, and for all rate periods on and after  the  effec-
 tive  date  of section [2] 19 of part [P] E of chapter 57 of the laws of
 [2017] 2019 through March 31, [2023] 2027 for all services  provided  to
 persons under the age of twenty-one; provided, however, the commissioner
 of  health,  in  consultation  with  the commissioner of [alcoholism and
 substance abuse] ADDICTION services AND SUPPORTS and the commissioner of
 mental health, may require, as a condition of approval of such ambulato-
 ry behavioral health fees, that aggregate managed care  expenditures  to
 eligible providers meet the alternative payment methodology requirements
 as  set forth in attachment I of the New York state medicaid section one
 thousand one hundred fifteen medicaid redesign team waiver  as  approved
 by  the  centers for medicare and medicaid services. The commissioner of
 health shall, in consultation with the commissioner of  [alcoholism  and
 substance abuse] ADDICTION services AND SUPPORTS and the commissioner of
 mental  health,  waive such conditions if a sufficient number of provid-
 ers, as determined by the commissioner, suffer a financial hardship as a
 consequence of such alternative payment methodology requirements, or  if
 he  or  she  shall determine that such alternative payment methodologies
 significantly  threaten  individuals  access  to  ambulatory  behavioral
 health  services.   Such waiver may be applied on a provider specific or
 industry wide basis. Further, such conditions  may  be  waived,  as  the
 commissioner determines necessary, to comply with federal rules or regu-
 lations  governing  these payment methodologies. Nothing in this section
 shall prohibit managed care organizations and providers from negotiating
 different rates and methods of payment during  such  periods  described,
 subject  to  the approval of the department of health. The department of
 health shall consult with the office of [alcoholism and substance abuse]
 ADDICTION services AND SUPPORTS and  the  office  of  mental  health  in
 determining  whether  such  alternative  rates  shall  be  approved. The
 commissioner of health may, in consultation with  the  commissioners  of
 mental  health  and  [alcoholism and substance abuse] ADDICTION services
 AND SUPPORTS, promulgate regulations,  including  emergency  regulations
 promulgated prior to October 1, 2013 that establish rates for behavioral
 health  services,  as  are necessary to implement the provisions of this
 section. Rates promulgated under this section shall be included  in  the
 report  required  under section 45-c of part A of chapter 56 of the laws
 of 2013.
   b. Notwithstanding any contrary provision of law,  the  fees  paid  by
 managed  care  organizations  licensed  under  article  44 of the public
 health law or under article  43  of  the  insurance  law,  to  providers
 S. 8007                            144                           A. 9007
 
 licensed  pursuant to article 28 of the public health law or article 36,
 31 or 32 of the mental hygiene law,  for  ambulatory  behavioral  health
 services  provided  to  patients  enrolled in the child health insurance
 program  pursuant  to  title 1-A of article 25 of the public health law,
 shall be in the form of fees for such services which are  equivalent  to
 the  payments established for such services under the ambulatory patient
 group (APG) rate-setting methodology. The commissioner of  health  shall
 consult  with  the  commissioner  of  [alcoholism  and  substance abuse]
 ADDICTION services AND SUPPORTS and the commissioner of  the  office  of
 mental  health  in determining such services and establishing such fees.
 Such ambulatory behavioral health fees to providers available under this
 section shall be for all rate periods on and after the effective date of
 this chapter through March 31,  [2023]  2027,  provided,  however,  that
 managed  care  organizations and providers may negotiate different rates
 and methods of payment during such periods described above,  subject  to
 the approval of the department of health. The department of health shall
 consult  with  the  office of [alcoholism and substance abuse] ADDICTION
 services AND SUPPORTS and the office of  mental  health  in  determining
 whether  such  alternative rates shall be approved.  The report required
 under section 16-a of part C of chapter 60 of the  laws  of  2014  shall
 also  include  the  population  of patients enrolled in the child health
 insurance program pursuant to title 1-A of  article  25  of  the  public
 health  law  in  its  examination on the transition of behavioral health
 services into managed care.
   § 3. Section 2 of part H of chapter 111 of the laws of 2010,  relating
 to increasing Medicaid payments to providers through managed care organ-
 izations  and  providing  equivalent  fees through an ambulatory patient
 group methodology, as amended by section 20 of part E of chapter  57  of
 the laws of 2019, is amended to read as follows:
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2010, and shall
 expire on March 31, [2023] 2027.
   § 4. This act shall take effect immediately;  provided,  however  that
 the  amendments  to  section  1  of part H of chapter 111 of the laws of
 2010, relating to increasing  Medicaid  payments  to  providers  through
 managed  care  organizations  and  providing  equivalent fees through an
 ambulatory patient group methodology, made by section two  of  this  act
 shall  not affect the expiration of such section and shall expire there-
 with.
 
                                  PART MM
 
   Section 1. Section 18 of chapter 408 of the laws of 1999, constituting
 Kendra's law, as amended by chapter 67 of the laws of 2017,  is  amended
 to read as follows:
   §  18.  This  act shall take effect immediately, provided that section
 fifteen of this act shall take effect April 1, 2000, provided,  further,
 that  subdivision (e) of section 9.60 of the mental hygiene law as added
 by section six of this act shall be effective 90  days  after  this  act
 shall  become law; and that this act shall expire and be deemed repealed
 June 30, [2022] 2027.
   § 2. Paragraph 4 of subdivision (c) and paragraph 2 of subdivision (h)
 of section 9.60 of the mental hygiene law, as amended by chapter 158  of
 the laws of 2005, are amended and a new subdivision (s) is added to read
 as follows:
 S. 8007                            145                           A. 9007
 
   (4)  has  a  history  of  lack of compliance with treatment for mental
 illness that has:
   (i)  EXCEPT  AS OTHERWISE PROVIDED IN SUBPARAGRAPH (III) OF THIS PARA-
 GRAPH, prior to the filing of the petition, at least  twice  within  the
 last thirty-six months been a significant factor in necessitating hospi-
 talization  in a hospital, or receipt of services in a forensic or other
 mental health unit of a correctional facility or  a  local  correctional
 facility,  not including any current period, or period ending within the
 last six months, during which the  person  was  or  is  hospitalized  or
 incarcerated; or
   (ii)  EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (III) OF THIS PARA-
 GRAPH, prior to the filing of the petition, resulted in one or more acts
 of serious violent behavior toward self or  others  or  threats  of,  or
 attempts  at,  serious  physical  harm to self or others within the last
 forty-eight months, not including any current period, or  period  ending
 within  the  last six months, in which the person was or is hospitalized
 or incarcerated; [and] OR
   (III) NOTWITHSTANDING SUBPARAGRAPHS (I) AND (II)  OF  THIS  PARAGRAPH,
 RESULTED IN THE ISSUANCE OF A COURT ORDER FOR ASSISTED OUTPATIENT TREAT-
 MENT WHICH HAS EXPIRED WITHIN THE LAST SIX MONTHS, AND SINCE THE EXPIRA-
 TION  OF THE ORDER, THE PERSON HAS EXPERIENCED A SUBSTANTIAL INCREASE IN
 SYMPTOMS OF MENTAL ILLNESS.
   (2) The court shall not order assisted outpatient treatment unless  an
 examining  physician,  who  recommends assisted outpatient treatment and
 has personally examined the subject of the petition  no  more  than  ten
 days before the filing of the petition, testifies in person OR BY VIDEO-
 CONFERENCE  at  the  hearing.  Such  physician shall state the facts and
 clinical determinations which support the allegation that the subject of
 the petition meets each of the criteria for assisted  outpatient  treat-
 ment.
   (S)  A  DIRECTOR  OF  COMMUNITY  SERVICES  OR  HIS OR HER DESIGNEE MAY
 REQUIRE A PROVIDER OF SERVICES OPERATED OR LICENSED  BY  THE  OFFICE  OF
 MENTAL HEALTH TO PROVIDE INFORMATION, INCLUDING BUT NOT LIMITED TO CLIN-
 ICAL RECORDS AND OTHER INFORMATION CONCERNING PERSONS RECEIVING ASSISTED
 OUTPATIENT TREATMENT PURSUANT TO AN ACTIVE ASSISTED OUTPATIENT TREATMENT
 ORDER,  THAT  IS DEEMED NECESSARY BY SUCH DIRECTOR OR DESIGNEE TO APPRO-
 PRIATELY DISCHARGE THEIR DUTIES PURSUANT TO SECTION 9.47 OF  THIS  ARTI-
 CLE,  AND  WHERE  SUCH PROVIDER IS REQUIRED TO DISCLOSE SUCH INFORMATION
 PURSUANT TO PARAGRAPH TWELVE OF SUBDIVISION (C) OF SECTION 33.13 OF THIS
 CHAPTER.
   § 3. This act shall take effect immediately,  provided,  however  that
 the amendments to section 9.60 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.
 
                                  PART NN
 
   Section  1.  Section  41.38  of  the mental hygiene law, as amended by
 chapter 218 of the laws of 1988, is amended to read as follows:
 § 41.38 Rental and mortgage payments of community residential facilities
           for the mentally ill.
   (A) "SUPPORTIVE HOUSING" SHALL MEAN, FOR THE PURPOSE OF  THIS  SECTION
 ONLY,  THE  METHOD BY WHICH THE COMMISSIONER CONTRACTS TO PROVIDE RENTAL
 SUPPORT AND FUNDING FOR NON-CLINICAL SUPPORT SERVICES IN ORDER TO  MAIN-
 TAIN RECIPIENT STABILITY.
 S. 8007                            146                           A. 9007
 
   (B)  Notwithstanding  any  inconsistent provision of this article, the
 commissioner may reimburse voluntary agencies for the reasonable cost of
 rental of or the reasonable mortgage payment or the reasonable principal
 and interest payment on a loan for the purpose of financing an ownership
 interest  in, and proprietary lease from, an organization formed for the
 purpose of the cooperative ownership of real estate, together with other
 necessary costs associated with rental or ownership of property,  for  a
 community  residence  [or],  a  residential  care  center for adults, OR
 SUPPORTIVE HOUSING, under  [his]  THEIR  jurisdiction  less  any  income
 received  from a state or federal agency or third party insurer which is
 specifically intended to offset the cost of rental of  the  facility  or
 housing  a client at the facility, subject to the availability of appro-
 priations therefor and such commissioner's certification of the  reason-
 ableness  of  the  rental cost, mortgage payment, principal and interest
 payment on a loan as provided in this section or other  necessary  costs
 associated  with  rental  or ownership of property, with the approval of
 the director of the budget.
   § 2. This act shall take effect April 1, 2022.
 
                                  PART OO
 
   Section 1. Section 4 of part L of chapter 59  of  the  laws  of  2016,
 amending the mental hygiene law relating to the appointment of temporary
 operators  for  the continued operation of programs and the provision of
 services for persons with serious mental  illness  and/or  developmental
 disabilities and/or chemical dependence, as amended by section 1 of part
 U of chapter 57 of the laws of 2021, is amended to read as follows:
   §  4.  This  act  shall take effect immediately and shall be deemed to
 have been in full  force  and  effect  on  and  after  April  1,  2016[;
 provided,  however,  that  sections one and two of this act shall expire
 and be deemed repealed on March 31, 2022].
   § 2. This act shall take effect immediately.
   § 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 OO of this act shall be
 as specifically set forth in the last section of such Parts.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 8007--A                                            A. 9007--A
 
                       S E N A T E - A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 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 public health law, in relation to the implementation
   of  the  Nurses  Across New York (NANY) program (Part A); to amend the
   education law, in relation to enacting the interstate  medical  licen-
   sure  compact; and to amend the education law, in relation to enacting
   the nurse licensure compact (Part B); to amend the public  health  law
   and  the  education law, in relation to allowing pharmacists to direct
   limited service laboratories and order waived  tests  and  modernizing
   nurse practitioners and, in relation to regulations for medication-re-
   lated  tasks  provided by certified medical aides; to amend the educa-
   tion law, in relation to allowing for certain individuals to  adminis-
   ter  tests  to determine the presence of SARS-CoV-2 or its antibodies,
   influenza virus or respiratory syncytial virus in certain  situations;
   to amend part D of chapter 56 of the laws of 2014, amending the educa-
   tion  law  relating to enacting the "nurse practitioners modernization
   act", in relation to the effectiveness thereof; and providing for  the
   repeal  of certain provisions upon the expiration thereof (Part C); to
   amend the social services law, in relation to establishing the  health
   care  and  mental hygiene worker bonuses (Part D); to amend the public
   health law, in relation to increasing general public health work  base
   grants  for  both  full-service and partial-service counties and allow
   for local health departments to claim up to fifty percent of personnel
   service costs (Part E); to amend the public health law, in relation to
   the modernization of the emergency medical system (Part F); to  repeal
   articles  governing  healthcare  professions  in the education law and
   adding such laws to the public health law and transferring  all  func-
   tions,  powers,  duties  and obligations relating thereto (Part G); to
   amend part H of chapter 59 of the laws of 2011,  amending  the  public
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD12671-02-2
 S. 8007--A                          2                         A. 9007--A
 
   health  law  and other laws relating to known and projected department
   of health state fund Medicaid expenditures, in relation to the cap  on
   local  Medicaid  expenditures  (Part  H);  relating  to  provide a one
   percent  across  the board payment increase to all qualifying fee-for-
   service Medicaid rates (Part I); to amend the public  health  law,  in
   relation to extending the statutory requirement to reweight and rebase
   acute  hospital  rates  (Part  J);  to amend the public health law, in
   relation to the creation of  a  new  statewide  health  care  facility
   transformation  program  (Part  K); to amend the public health law, in
   relation to streamlining and adding criteria  to  the  certificate  of
   need  process (Part L); to amend the public health law, in relation to
   the definition of revenue in the minimum spending statute for  nursing
   homes and the rates of payment and rates of reimbursement for residen-
   tial  health  care  facilities,  and in relation to making a temporary
   payment to facilities in severe financial distress (Part M); to  amend
   the  social services law, in relation to Medicaid eligibility require-
   ments for seniors and disabled  individuals;  and  to  repeal  certain
   provisions  of such law relating thereto (Part N); to amend the social
   services law, in relation to private duty nursing services  reimburse-
   ment  for  nurses servicing adult members; to amend part MM of chapter
   56 of the laws of 2020 directing the department of health to establish
   or procure the services of an independent panel  of  clinical  profes-
   sionals  and  to develop and implement a uniform task-based assessment
   tool, in relation to directing the department  of  health  to  develop
   guidelines  and  standards  for the use of tasking tools; and to amend
   the public health law, in relation to establishing programs of all-in-
   clusive care for the elderly (Part O); to amend  the  social  services
   law  and the public health law, in relation to providing authority for
   the department of health to competitively procure managed care  organ-
   izations and requiring Medicaid managed care organizations, the essen-
   tial  plan and qualified health plans to contract with national cancer
   institute-designated cancer  centers,  where  such  centers  agree  to
   certain  terms and conditions; and to repeal certain provisions of the
   social services law relating thereto (Part P);  to  amend  the  public
   health  law and the social services law, in relation to permitting the
   commissioner of health to submit a waiver that expands eligibility for
   New York's basic health program  and  increases  the  federal  poverty
   limit cap for basic health program eligibility from two hundred to two
   hundred  fifty  percent; to amend the social services law, in relation
   to allowing pregnant individuals to be eligible for the  basic  health
   program and maintain coverage in the basic health program for one year
   post pregnancy and to deem a child born to an individual covered under
   the  basic  health  program to be eligible for medical assistance; and
   providing for the repeal of certain  provisions  upon  the  expiration
   thereof (Part Q); to amend the insurance law, in relation to requiring
   private  insurance plans to cover abortion services without cost-shar-
   ing (Part R); to amend the social services law, in relation to includ-
   ing expanded pre-natal and post-partum care as standard coverage  when
   determined  to  be  necessary  and  the continuance of eligibility for
   pregnant individuals to receive medical assistance  in  certain  situ-
   ations;  and to repeal section 369-hh of the social services law (Part
   S); to amend the public health law, in  relation  to  requiring  third
   trimester  syphilis  testing (Part T); to amend the public health law,
   in relation to expanding benefits in the Child  Health  Plus  Program,
   eliminating the premium contribution for certain households and trans-
   ferring  Child  Health Plus rate setting authority from the Department
 S. 8007--A                          3                         A. 9007--A
 
   of Financial Services to the Department of Health (Part U);  to  amend
   the public health law and the insurance law, in relation to reimburse-
   ment  for  commercial  and  Medicaid  services provided via telehealth
   (Part V); to amend the social services law, in relation to eliminating
   unnecessary  requirements from the utilization threshold program (Part
   W); to amend the public health law,  in  relation  to  redefining  the
   duties  and  renaming  the  office of minority health to the office of
   health equity and renaming the minority health council to  the  health
   equity  council  (Part  X);  to  amend  the domestic relations law, in
   relation to marriage certificates (Part Y); 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 the purchase of excess coverage by physicians and dentists
   and  reimbursement  of costs therefor, and to extending the physicians
   medical malpractice program; to amend part J of chapter 63 of the laws
   of 2001 amending chapter 266 of the laws of 1986, amending  the  civil
   practice  law  and  rules  and  other laws relating to malpractice and
   professional medical conduct, relating to the effectiveness of certain
   provisions  of  such  chapter,  in  relation  to   extending   certain
   provisions concerning the hospital excess liability pool; 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 Z); to amend the financial services
   law, the insurance law and the public health law, in relation to clar-
   ifying provisions regarding emergency medical  services  and  surprise
   bills;  and  to repeal certain provisions of such law relating thereto
   (Subpart A); to amend the insurance law and the public health law,  in
   relation to the federal no surprises act (Subpart B); and to amend the
   insurance law and the public health law, in relation to administrative
   simplification  (Subpart C) (Part AA); to amend the public health law,
   in relation to prescriber prevails; and to repeal  certain  provisions
   of   the   social  services  law  relating  to  coverage  for  certain
   prescription drugs (Part BB); to amend the social  services  law,  the
   executive  law  and  the  public  health law, in relation to extending
   various provisions relating to health and  mental  hygiene;  to  amend
   chapter  58 of the laws of 2009, amending the public health law relat-
   ing to payment by governmental agencies for general hospital inpatient
   services, in relation to the effectiveness thereof; to  amend  chapter
   56 of the laws of 2013, amending the public health law relating to the
   general  public  health work program, 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 the effectiveness thereof; to amend chapter
   21 of the laws of 2011, amending the education law relating to author-
   izing  pharmacists  to  perform  collaborative drug therapy management
   with physicians in certain settings, in relation to the  effectiveness
   thereof;  to  amend chapter 54 of the laws of 2016, amending part C of
   chapter 58 of the laws of 2005 relating to authorizing  reimbursements
   for expenditures made by or on behalf of social services districts for
   medical  assistance  for  needy persons and administration thereof, in
   relation to the effectiveness thereof; to amend chapter 56 of the laws
   of 2020, amending the tax law and the social services law relating  to
   certain Medicaid management, in relation to the effectiveness thereof;
   to  amend  chapter  74  of the laws of 2020, relating to directing the
   department of health to convene a work  group  on  rare  diseases,  in
 S. 8007--A                          4                         A. 9007--A
 
   relation to the effectiveness thereof; and to amend chapter 414 of the
   laws of 2018, creating the radon task force, in relation to the effec-
   tiveness  thereof  (Part  CC);  in  relation to establishing a cost of
   living adjustment for designated human services programs (Part DD); to
   amend  the  mental  hygiene  law,  in  relation  to  a  9-8-8  suicide
   prevention and behavioral health crisis hotline system (Part  EE);  to
   amend  the  social  services law, in relation   to reinvesting savings
   recouped from behavioral health transition into managed care back into
   behavioral health services (Part FF); to amend chapter 57 of the  laws
   of  2019  amending the public health law relating to waiver of certain
   regulations, in relation to the effectiveness thereof  (Part  GG);  to
   amend  the  public  health  law,  in  relation to requiring a stock of
   opioid agonist medication for the treatment of an opioid use  disorder
   (Part  HH);  to amend the mental hygiene law, in relation to community
   residences for addiction (Part II); to amend the mental  hygiene  law,
   in relation to expanding the scope of the alcohol awareness program to
   become  the  substance  use  awareness program (Part JJ); to amend the
   facilities development corporation act in relation to authorizing  the
   facilities  development  corporation  to  acquire,  improve  and lease
   mental health facilities  providing  services  for  the  treatment  of
   addiction  (Part KK); to amend chapter 56 of the laws of 2013 amending
   the public health law and other  laws  relating  to  general  hospital
   reimbursement  for  annual  rates, in relation to extending government
   rates for behavioral services and referencing the office of  addiction
   services  and  supports; to amend part H of chapter 111 of the laws of
   2010 relating to increasing Medicaid  payments  to  providers  through
   managed  care  organizations  and providing equivalent fees through an
   ambulatory patient group methodology, in relation to extending govern-
   ment rates for behavioral services referencing the office of addiction
   services and supports and in relation  to  the  effectiveness  thereof
   (Part LL); to amend Kendra's law, in relation to extending the expira-
   tion  thereof;  and  to  amend  the mental hygiene law, in relation to
   extending Kendra's law and assisted outpatient treatment (Part MM); to
   amend the mental hygiene law,  in  relation  to  rental  and  mortgage
   payments  for the mentally ill (Part NN); and to amend part L of chap-
   ter 59 of the laws of 2016, amending the mental hygiene  law  relating
   to the appointment of temporary operators for the continued  operation
   of    programs  and the provision of services for persons with serious
   mental illness and/or  developmental    disabilities  and/or  chemical
   dependence,  in  relation to the effectiveness thereof (Part OO)
 
   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 2022-2023 state fiscal year.  Each  component  is  wholly  contained
 within  a  Part identified as Parts A through OO. 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.
 S. 8007--A                          5                         A. 9007--A
 
                                  PART A
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "nurses across New York (NANY) program".
   § 2. The public health law is amended by adding a new section  2807-aa
 to read as follows:
   §  2807-AA.  NURSE  LOAN REPAYMENT PROGRAM. 1.(A) MONIES SHALL BE MADE
 AVAILABLE, SUBJECT TO APPROPRIATIONS, FOR PURPOSES OF LOAN REPAYMENT  IN
 ACCORDANCE  WITH  THE  PROVISIONS OF THIS SECTION FOR REGISTERED PROFES-
 SIONAL NURSES  LICENSED  TO  PRACTICE  PURSUANT  TO  SECTION  SIXTY-NINE
 HUNDRED  FIVE OF THE EDUCATION LAW. NOTWITHSTANDING SECTIONS ONE HUNDRED
 TWELVE AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW AND SECTIONS
 ONE HUNDRED FORTY-TWO AND ONE HUNDRED FORTY-THREE OF THE ECONOMIC DEVEL-
 OPMENT 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 PROPOSALS.
   (I) FUNDING AWARDED PURSUANT TO THIS SECTION SHALL BE AWARDED TO REPAY
 LOANS OF NURSES WHO WORK IN AREAS DETERMINED TO BE UNDERSERVED  COMMUNI-
 TIES BY THE COMMISSIONER AND WHO AGREE TO WORK IN SUCH AREAS FOR A PERI-
 OD OF THREE CONSECUTIVE YEARS. A NURSE MAY BE DEEMED TO BE PRACTICING IN
 AN UNDERSERVED AREA IF THEY PRACTICE IN A FACILITY OR PHYSICIAN'S OFFICE
 THAT  PRIMARILY  SERVES  AN  UNDERSERVED POPULATION AS DETERMINED BY THE
 COMMISSIONER, WITHOUT REGARD TO WHETHER THE POPULATION OR  THE  FACILITY
 OR PHYSICIAN'S OFFICE IS LOCATED IN AN UNDERSERVED AREA.
   (II)  FUNDING  AWARDED  PURSUANT  TO THIS SECTION SHALL NOT EXCEED THE
 TOTAL QUALIFYING OUTSTANDING DEBT OF THE NURSE  FROM  STUDENT  LOANS  TO
 COVER TUITION AND OTHER RELATED EDUCATIONAL EXPENSES, MADE BY OR GUARAN-
 TEED  BY THE FEDERAL OR STATE GOVERNMENT, OR MADE BY A LENDING OR EDUCA-
 TIONAL INSTITUTION APPROVED UNDER TITLE IV OF THE FEDERAL HIGHER  EDUCA-
 TION  ACT.    LOAN  REPAYMENT  AWARDS SHALL BE USED SOLELY TO REPAY SUCH
 OUTSTANDING DEBT.
   (III) A NURSE RECEIVING FUNDS PURSUANT TO THIS SECTION SHALL BE ELIGI-
 BLE FOR A LOAN REPAYMENT AWARD TO BE DETERMINED BY THE COMMISSIONER OVER
 A THREE-YEAR PERIOD DISTRIBUTED AS  FOLLOWS:  THIRTY  PERCENT  OF  TOTAL
 AWARD  FOR  THE FIRST YEAR; THIRTY PERCENT OF TOTAL AWARD FOR THE SECOND
 YEAR; AND ANY UNPAID BALANCE OF THE TOTAL AWARD NOT TO EXCEED THE  MAXI-
 MUM AWARD AMOUNT FOR THE THIRD YEAR.
   (IV)  IN THE EVENT THAT A THREE-YEAR COMMITMENT PURSUANT TO THE AGREE-
 MENT REFERENCED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH IS NOT  FULFILLED,
 THE  RECIPIENT  SHALL BE RESPONSIBLE FOR REPAYMENT OF AMOUNTS PAID WHICH
 SHALL BE CALCULATED IN ACCORDANCE WITH THE FORMULA SET FORTH IN SUBDIVI-
 SION (B) OF SECTION TWO HUNDRED FIFTY-FOUR-O OF TITLE FORTY-TWO  OF  THE
 UNITED STATES CODE, AS AMENDED.
   (B)  THE  COMMISSIONER MAY POSTPONE, CHANGE OR WAIVE THE SERVICE OBLI-
 GATION AND REPAYMENT AMOUNTS SET FORTH IN SUBPARAGRAPHS (I) AND (IV)  OF
 PARAGRAPH  (A)  OF  THIS  SUBDIVISION  IN INDIVIDUAL CIRCUMSTANCES WHERE
 THERE IS COMPELLING NEED OR HARDSHIP.
   2. TO DEVELOP A STREAMLINED APPLICATION PROCESS  FOR  THE  NURSE  LOAN
 REPAYMENT  PROGRAM  SET  FORTH  IN  SUBDIVISION ONE OF THIS SECTION, THE
 DEPARTMENT SHALL APPOINT A WORK GROUP FROM RECOMMENDATIONS MADE BY ASSO-
 CIATIONS REPRESENTING NURSES, GENERAL HOSPITALS AND  OTHER  HEALTH  CARE
 FACILITIES.  SUCH  RECOMMENDATIONS SHALL BE MADE BY SEPTEMBER THIRTIETH,
 TWO THOUSAND TWENTY-TWO.
 S. 8007--A                          6                         A. 9007--A
 
   3. IN THE EVENT THERE ARE  UNDISTRIBUTED  FUNDS  WITHIN  AMOUNTS  MADE
 AVAILABLE  FOR DISTRIBUTIONS PURSUANT TO THIS SECTION, SUCH FUNDS MAY BE
 REALLOCATED AND DISTRIBUTED IN CURRENT OR SUBSEQUENT DISTRIBUTION  PERI-
 ODS IN A MANNER DETERMINED BY THE COMMISSIONER FOR THE PURPOSE SET FORTH
 IN THIS SECTION.
   §  3.  This act shall take effect immediately; provided, however, that
 section two of this act shall be deemed to have been in full  force  and
 effect on and after April 1, 2022.
 
                                  PART B
 
   Section 1. The education law is amended by adding a new article 169 to
 read as follows:
                                ARTICLE 169
                   INTERSTATE MEDICAL LICENSURE COMPACT
 SECTION 8860. SHORT TITLE.
         8861. PURPOSE.
         8862. DEFINITIONS.
         8863. ELIGIBILITY.
         8864. DESIGNATION OF STATE OF PRINCIPAL LICENSE.
         8865. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE.
         8866. FEES FOR EXPEDITED LICENSURE.
         8867. RENEWAL AND CONTINUED PARTICIPATION.
         8868. COORDINATED INFORMATION SYSTEM.
         8869. JOINT INVESTIGATIONS.
         8870. DISCIPLINARY ACTIONS.
         8871. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION.
         8872. POWERS AND DUTIES OF THE INTERSTATE COMMISSION.
         8873. FINANCE POWERS.
         8874. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.
         8875. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.
         8876. OVERSIGHT OF INTERSTATE COMPACT.
         8877. ENFORCEMENT OF INTERSTATE COMPACT.
         8878. DEFAULT PROCEDURES.
         8879. DISPUTE RESOLUTION.
         8880. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT.
         8881. WITHDRAWAL.
         8882. DISSOLUTION.
         8883. SEVERABILITY AND CONSTRUCTION.
         8884. BINDING EFFECT OF COMPACT AND OTHER LAWS.
   § 8860. SHORT  TITLE.  THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "INTERSTATE MEDICAL LICENSURE COMPACT".
   § 8861. PURPOSE. IN ORDER TO STRENGTHEN ACCESS TO HEALTH CARE, AND  IN
 RECOGNITION  OF  THE ADVANCES IN THE DELIVERY OF HEALTH CARE, THE MEMBER
 STATES OF THE INTERSTATE MEDICAL LICENSURE COMPACT HAVE ALLIED IN COMMON
 PURPOSE TO DEVELOP A COMPREHENSIVE PROCESS THAT COMPLEMENTS THE EXISTING
 LICENSING AND REGULATORY AUTHORITY OF STATE MEDICAL BOARDS,  PROVIDES  A
 STREAMLINED  PROCESS THAT ALLOWS PHYSICIANS TO BECOME LICENSED IN MULTI-
 PLE STATES, THEREBY ENHANCING THE PORTABILITY OF A MEDICAL  LICENSE  AND
 ENSURING  THE  SAFETY OF PATIENTS.   THE COMPACT CREATES ANOTHER PATHWAY
 FOR LICENSURE AND DOES NOT OTHERWISE CHANGE A STATE'S  EXISTING  MEDICAL
 PRACTICE ACT. THE COMPACT ALSO ADOPTS THE PREVAILING STANDARD FOR LICEN-
 SURE  AND AFFIRMS THAT THE PRACTICE OF MEDICINE OCCURS WHERE THE PATIENT
 IS LOCATED AT THE TIME OF THE PHYSICIAN-PATIENT  ENCOUNTER,  AND  THERE-
 FORE,  REQUIRES  THE PHYSICIAN TO BE UNDER THE JURISDICTION OF THE STATE
 MEDICAL BOARD WHERE THE PATIENT IS LOCATED. STATE  MEDICAL  BOARDS  THAT
 S. 8007--A                          7                         A. 9007--A
 
 PARTICIPATE  IN THE COMPACT RETAIN THE JURISDICTION TO IMPOSE AN ADVERSE
 ACTION AGAINST A LICENSE TO PRACTICE MEDICINE IN THAT STATE ISSUED TO  A
 PHYSICIAN THROUGH THE PROCEDURES IN THE COMPACT.
   § 8862. DEFINITIONS. IN THIS COMPACT:
   1.  "BYLAWS"  MEANS THOSE BYLAWS ESTABLISHED BY THE INTERSTATE COMMIS-
 SION PURSUANT TO SECTION EIGHTY-EIGHT HUNDRED SEVENTY-ONE OF THIS  ARTI-
 CLE FOR ITS GOVERNANCE, OR FOR DIRECTING AND CONTROLLING ITS ACTIONS AND
 CONDUCT.
   2.  "COMMISSIONER"  MEANS  THE VOTING REPRESENTATIVE APPOINTED BY EACH
 MEMBER BOARD PURSUANT TO SECTION  EIGHTY-EIGHT  HUNDRED  SEVENTY-ONE  OF
 THIS ARTICLE.
   3. "CONVICTION" MEANS A FINDING BY A COURT THAT AN INDIVIDUAL IS GUIL-
 TY  OF  A  CRIMINAL  OFFENSE THROUGH ADJUDICATION, OR ENTRY OF A PLEA OF
 GUILT OR NO CONTEST TO THE CHARGE BY THE OFFENDER. EVIDENCE OF AN  ENTRY
 OF  A  CONVICTION OF A CRIMINAL OFFENSE BY THE COURT SHALL BE CONSIDERED
 FINAL FOR PURPOSES OF DISCIPLINARY ACTION BY A MEMBER BOARD.
   4. "EXPEDITED LICENSE" MEANS A FULL AND UNRESTRICTED  MEDICAL  LICENSE
 GRANTED  BY  A MEMBER STATE TO AN ELIGIBLE PHYSICIAN THROUGH THE PROCESS
 SET FORTH IN THE COMPACT.
   5. "INTERSTATE COMMISSION" MEANS  THE  INTERSTATE  COMMISSION  CREATED
 PURSUANT TO SECTION EIGHTY-EIGHT HUNDRED SEVENTY-ONE OF THIS ARTICLE.
   6.  "LICENSE" MEANS AUTHORIZATION BY A STATE FOR A PHYSICIAN TO ENGAGE
 IN THE PRACTICE OF MEDICINE, WHICH WOULD BE UNLAWFUL WITHOUT THE AUTHOR-
 IZATION.
   7. "MEDICAL PRACTICE ACT" MEANS LAWS  AND  REGULATIONS  GOVERNING  THE
 PRACTICE OF ALLOPATHIC AND OSTEOPATHIC MEDICINE WITHIN A MEMBER STATE.
   8.  "MEMBER BOARD" MEANS A STATE AGENCY IN A MEMBER STATE THAT ACTS IN
 THE SOVEREIGN INTERESTS OF THE STATE BY PROTECTING  THE  PUBLIC  THROUGH
 LICENSURE,  REGULATION,  AND  EDUCATION OF PHYSICIANS AS DIRECTED BY THE
 STATE GOVERNMENT.
   9. "MEMBER STATE" MEANS A STATE THAT HAS ENACTED THE COMPACT.
   10. "PRACTICE OF MEDICINE" MEANS THE CLINICAL  PREVENTION,  DIAGNOSIS,
 OR  TREATMENT  OF HUMAN DISEASE, INJURY, OR CONDITION REQUIRING A PHYSI-
 CIAN TO OBTAIN AND MAINTAIN A LICENSE IN  COMPLIANCE  WITH  THE  MEDICAL
 PRACTICE ACT OF A MEMBER STATE.
   11. "PHYSICIAN" MEANS ANY PERSON WHO:
   (A)  IS  A  GRADUATE  OF  A  MEDICAL  SCHOOL ACCREDITED BY THE LIAISON
 COMMITTEE ON MEDICAL EDUCATION, THE COMMISSION  ON  OSTEOPATHIC  COLLEGE
 ACCREDITATION,  OR  A MEDICAL SCHOOL LISTED IN THE INTERNATIONAL MEDICAL
 EDUCATION DIRECTORY OR ITS EQUIVALENT;
   (B) PASSED EACH COMPONENT OF THE UNITED STATES MEDICAL LICENSING EXAM-
 INATION (USMLE) OR THE COMPREHENSIVE OSTEOPATHIC MEDICAL LICENSING EXAM-
 INATION (COMLEX-USA) WITHIN THREE ATTEMPTS, OR ANY  OF  ITS  PREDECESSOR
 EXAMINATIONS ACCEPTED BY A STATE MEDICAL BOARD AS AN EQUIVALENT EXAMINA-
 TION FOR LICENSURE PURPOSES;
   (C)  SUCCESSFULLY COMPLETED GRADUATE MEDICAL EDUCATION APPROVED BY THE
 ACCREDITATION COUNCIL FOR GRADUATE MEDICAL  EDUCATION  OR  THE  AMERICAN
 OSTEOPATHIC ASSOCIATION;
   (D)  HOLDS  SPECIALTY  CERTIFICATION  OR  A  TIME-UNLIMITED  SPECIALTY
 CERTIFICATE RECOGNIZED BY THE AMERICAN BOARD OF MEDICAL  SPECIALTIES  OR
 THE  AMERICAN  OSTEOPATHIC  ASSOCIATION'S BUREAU OF OSTEOPATHIC SPECIAL-
 ISTS;
   (E) POSSESSES A FULL AND UNRESTRICTED LICENSE TO ENGAGE IN  THE  PRAC-
 TICE OF MEDICINE ISSUED BY A MEMBER BOARD;
 S. 8007--A                          8                         A. 9007--A
 
   (F)  HAS NEVER BEEN CONVICTED, RECEIVED ADJUDICATION, DEFERRED ADJUDI-
 CATION, COMMUNITY SUPERVISION, OR DEFERRED DISPOSITION FOR  ANY  OFFENSE
 BY A COURT OF APPROPRIATE JURISDICTION;
   (G)  HAS  NEVER  HELD  A  LICENSE AUTHORIZING THE PRACTICE OF MEDICINE
 SUBJECTED TO DISCIPLINE BY A LICENSING AGENCY IN ANY STATE, FEDERAL,  OR
 FOREIGN  JURISDICTION,  EXCLUDING  ANY  ACTION RELATED TO NON-PAYMENT OF
 FEES RELATED TO A LICENSE;
   (H) HAS NEVER HAD A CONTROLLED SUBSTANCE LICENSE OR  PERMIT  SUSPENDED
 OR  REVOKED  BY  A  STATE OR THE UNITED STATES DRUG ENFORCEMENT ADMINIS-
 TRATION; AND
   (I) IS NOT UNDER ACTIVE INVESTIGATION BY A  LICENSING  AGENCY  OR  LAW
 ENFORCEMENT AUTHORITY IN ANY STATE, FEDERAL, OR FOREIGN JURISDICTION.
   12.  "OFFENSE"  MEANS  A  FELONY, GROSS MISDEMEANOR, OR CRIME OF MORAL
 TURPITUDE.
   13. "RULE" MEANS A WRITTEN  STATEMENT  BY  THE  INTERSTATE  COMMISSION
 PROMULGATED PURSUANT TO SECTION EIGHTY-EIGHT HUNDRED SEVENTY-TWO OF THIS
 ARTICLE  THAT  IS  OF  GENERAL APPLICABILITY, IMPLEMENTS, INTERPRETS, OR
 PRESCRIBES A POLICY OR PROVISION OF THE COMPACT, OR  AN  ORGANIZATIONAL,
 PROCEDURAL,  OR  PRACTICE  REQUIREMENT OF THE INTERSTATE COMMISSION, AND
 HAS THE FORCE AND EFFECT  OF  STATUTORY  LAW  IN  A  MEMBER  STATE,  AND
 INCLUDES THE AMENDMENT, REPEAL, OR SUSPENSION OF AN EXISTING RULE.
   14.  "STATE"  MEANS ANY STATE, COMMONWEALTH, DISTRICT, OR TERRITORY OF
 THE UNITED STATES.
   15. "STATE OF PRINCIPAL LICENSE" MEANS A MEMBER STATE WHERE  A  PHYSI-
 CIAN  HOLDS A LICENSE TO PRACTICE MEDICINE AND WHICH HAS BEEN DESIGNATED
 AS SUCH BY THE PHYSICIAN FOR PURPOSES OF REGISTRATION AND  PARTICIPATION
 IN THE COMPACT.
   § 8863. ELIGIBILITY. 1. A PHYSICIAN MUST MEET THE ELIGIBILITY REQUIRE-
 MENTS  AS  DEFINED IN SUBDIVISION ELEVEN OF SECTION EIGHTY-EIGHT HUNDRED
 SIXTY-TWO OF THIS ARTICLE TO RECEIVE  AN  EXPEDITED  LICENSE  UNDER  THE
 TERMS AND PROVISIONS OF THE COMPACT.
   2. A PHYSICIAN WHO DOES NOT MEET THE REQUIREMENTS OF SUBDIVISION ELEV-
 EN  OF SECTION EIGHTY-EIGHT HUNDRED SIXTY-TWO OF THIS ARTICLE MAY OBTAIN
 A LICENSE TO PRACTICE MEDICINE IN  A  MEMBER  STATE  IF  THE  INDIVIDUAL
 COMPLIES  WITH ALL LAWS AND REQUIREMENTS, OTHER THAN THE COMPACT, RELAT-
 ING TO THE ISSUANCE OF A LICENSE TO PRACTICE MEDICINE IN THAT STATE.
   § 8864. DESIGNATION OF STATE OF  PRINCIPAL  LICENSE.  1.  A  PHYSICIAN
 SHALL  DESIGNATE  A  MEMBER  STATE AS THE STATE OF PRINCIPAL LICENSE FOR
 PURPOSES OF REGISTRATION FOR EXPEDITED LICENSURE THROUGH THE COMPACT  IF
 THE  PHYSICIAN  POSSESSES  A  FULL  AND UNRESTRICTED LICENSE TO PRACTICE
 MEDICINE IN THAT STATE, AND THE STATE IS:
   (A) THE STATE OF PRIMARY RESIDENCE FOR THE PHYSICIAN, OR
   (B) THE STATE WHERE AT LEAST TWENTY-FIVE PERCENT OF  THE  PRACTICE  OF
 MEDICINE OCCURS, OR
   (C) THE LOCATION OF THE PHYSICIAN'S EMPLOYER, OR
   (D)  IF  NO  STATE  QUALIFIES UNDER PARAGRAPH (A), (B), OR (C) OF THIS
 SUBDIVISION, THE STATE DESIGNATED AS STATE OF RESIDENCE FOR  PURPOSE  OF
 FEDERAL INCOME TAX.
   2.  A  PHYSICIAN  MAY REDESIGNATE A MEMBER STATE AS STATE OF PRINCIPAL
 LICENSE AT ANY TIME, AS LONG AS THE  STATE  MEETS  THE  REQUIREMENTS  OF
 SUBDIVISION ONE OF THIS SECTION.
   3. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES TO FACILI-
 TATE  REDESIGNATION  OF  ANOTHER  MEMBER STATE AS THE STATE OF PRINCIPAL
 LICENSE.
   § 8865. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE. 1.  A  PHYSI-
 CIAN SEEKING LICENSURE THROUGH THE COMPACT SHALL FILE AN APPLICATION FOR
 S. 8007--A                          9                         A. 9007--A
 
 AN  EXPEDITED LICENSE WITH THE MEMBER BOARD OF THE STATE SELECTED BY THE
 PHYSICIAN AS THE STATE OF PRINCIPAL LICENSE.
   2. UPON RECEIPT OF AN APPLICATION FOR AN EXPEDITED LICENSE, THE MEMBER
 BOARD  WITHIN THE STATE SELECTED AS THE STATE OF PRINCIPAL LICENSE SHALL
 EVALUATE WHETHER THE PHYSICIAN IS ELIGIBLE FOR EXPEDITED  LICENSURE  AND
 ISSUE  A  LETTER  OF QUALIFICATION, VERIFYING OR DENYING THE PHYSICIAN'S
 ELIGIBILITY, TO THE INTERSTATE COMMISSION.
   (A) STATIC  QUALIFICATIONS,  WHICH  INCLUDE  VERIFICATION  OF  MEDICAL
 EDUCATION, GRADUATE MEDICAL EDUCATION, RESULTS OF ANY MEDICAL OR LICENS-
 ING  EXAMINATION,  AND  OTHER QUALIFICATIONS AS DETERMINED BY THE INTER-
 STATE COMMISSION THROUGH RULE, SHALL NOT BE SUBJECT TO ADDITIONAL PRIMA-
 RY SOURCE VERIFICATION WHERE ALREADY  PRIMARY  SOURCE  VERIFIED  BY  THE
 STATE OF PRINCIPAL LICENSE.
   (B) THE MEMBER BOARD WITHIN THE STATE SELECTED AS THE STATE OF PRINCI-
 PAL  LICENSE  SHALL,  IN  THE COURSE OF VERIFYING ELIGIBILITY, PERFORM A
 CRIMINAL BACKGROUND CHECK OF AN APPLICANT,  INCLUDING  THE  USE  OF  THE
 RESULTS OF FINGERPRINT OR OTHER BIOMETRIC DATA CHECKS COMPLIANT WITH THE
 REQUIREMENTS  OF THE FEDERAL BUREAU OF INVESTIGATION, WITH THE EXCEPTION
 OF FEDERAL EMPLOYEES WHO HAVE SUITABILITY  DETERMINATION  IN  ACCORDANCE
 WITH U.S. C.F.R. § 731.202.
   (C)  APPEAL  ON  THE DETERMINATION OF ELIGIBILITY SHALL BE MADE TO THE
 MEMBER STATE WHERE THE APPLICATION WAS FILED AND SHALL BE SUBJECT TO THE
 LAW OF THAT STATE.
   3. UPON VERIFICATION UNDER SUBDIVISION TWO OF THIS SECTION, PHYSICIANS
 ELIGIBLE FOR AN EXPEDITED LICENSE SHALL COMPLETE THE REGISTRATION  PROC-
 ESS  ESTABLISHED  BY THE INTERSTATE COMMISSION TO RECEIVE A LICENSE IN A
 MEMBER STATE SELECTED PURSUANT  TO  SUBDIVISION  ONE  OF  THIS  SECTION,
 INCLUDING THE PAYMENT OF ANY APPLICABLE FEES.
   4.  AFTER  RECEIVING VERIFICATION OF ELIGIBILITY UNDER SUBDIVISION TWO
 OF THIS SECTION AND ANY FEES UNDER SUBDIVISION THREE OF THIS SECTION,  A
 MEMBER  BOARD  SHALL  ISSUE  AN EXPEDITED LICENSE TO THE PHYSICIAN. THIS
 LICENSE SHALL AUTHORIZE THE PHYSICIAN TO PRACTICE MEDICINE IN THE  ISSU-
 ING  STATE  CONSISTENT  WITH THE MEDICAL PRACTICE ACT AND ALL APPLICABLE
 LAWS AND REGULATIONS OF THE ISSUING MEMBER BOARD AND MEMBER STATE.
   5. AN EXPEDITED LICENSE SHALL BE VALID FOR A  PERIOD  CONSISTENT  WITH
 THE  LICENSURE  PERIOD  IN  THE  MEMBER  STATE AND IN THE SAME MANNER AS
 REQUIRED FOR OTHER PHYSICIANS HOLDING A FULL  AND  UNRESTRICTED  LICENSE
 WITHIN THE MEMBER STATE.
   6.  AN  EXPEDITED  LICENSE OBTAINED THOUGH THE COMPACT SHALL BE TERMI-
 NATED IF A PHYSICIAN FAILS TO MAINTAIN A LICENSE IN THE STATE OF PRINCI-
 PAL LICENSURE FOR A NON-DISCIPLINARY REASON, WITHOUT REDESIGNATION OF  A
 NEW STATE OF PRINCIPAL LICENSURE.
   7.  THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES REGARDING
 THE APPLICATION PROCESS, INCLUDING PAYMENT OF ANY APPLICABLE  FEES,  AND
 THE ISSUANCE OF AN EXPEDITED LICENSE.
   § 8866. FEES  FOR  EXPEDITED  LICENSURE.  1. A MEMBER STATE ISSUING AN
 EXPEDITED LICENSE AUTHORIZING THE PRACTICE OF MEDICINE IN THAT STATE MAY
 IMPOSE A FEE FOR A LICENSE ISSUED OR RENEWED THROUGH THE COMPACT.
   2. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES  REGARDING
 FEES FOR EXPEDITED LICENSES.
   § 8867. RENEWAL AND CONTINUED PARTICIPATION. 1. A PHYSICIAN SEEKING TO
 RENEW  AN  EXPEDITED  LICENSE GRANTED IN A MEMBER STATE SHALL COMPLETE A
 RENEWAL PROCESS WITH THE INTERSTATE COMMISSION IF THE PHYSICIAN:
   (A) MAINTAINS A FULL AND UNRESTRICTED LICENSE IN A STATE OF  PRINCIPAL
 LICENSE;
 S. 8007--A                         10                         A. 9007--A
 
   (B)  HAS  NOT  BEEN CONVICTED, RECEIVED ADJUDICATION, DEFERRED ADJUDI-
 CATION, COMMUNITY SUPERVISION, OR DEFERRED DISPOSITION FOR  ANY  OFFENSE
 BY A COURT OF APPROPRIATE JURISDICTION;
   (C) HAS NOT HAD A LICENSE AUTHORIZING THE PRACTICE OF MEDICINE SUBJECT
 TO  DISCIPLINE  BY  A LICENSING AGENCY IN ANY STATE, FEDERAL, OR FOREIGN
 JURISDICTION, EXCLUDING  ANY  ACTION  RELATED  TO  NON-PAYMENT  OF  FEES
 RELATED TO A LICENSE; AND
   (D)  HAS NOT HAD A CONTROLLED SUBSTANCE LICENSE OR PERMIT SUSPENDED OR
 REVOKED BY A STATE OR THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION.
   2. PHYSICIANS SHALL COMPLY WITH ALL CONTINUING  PROFESSIONAL  DEVELOP-
 MENT  OR  CONTINUING  MEDICAL  EDUCATION  REQUIREMENTS  FOR RENEWAL OF A
 LICENSE ISSUED BY A MEMBER STATE.
   3. THE INTERSTATE COMMISSION SHALL COLLECT ANY  RENEWAL  FEES  CHARGED
 FOR  THE  RENEWAL OF A LICENSE AND DISTRIBUTE THE FEES TO THE APPLICABLE
 MEMBER BOARD.
   4. UPON RECEIPT OF ANY RENEWAL FEES COLLECTED IN SUBDIVISION THREE  OF
 THIS SECTION, A MEMBER BOARD SHALL RENEW THE PHYSICIAN'S LICENSE.
   5. PHYSICIAN INFORMATION COLLECTED BY THE INTERSTATE COMMISSION DURING
 THE RENEWAL PROCESS WILL BE DISTRIBUTED TO ALL MEMBER BOARDS.
   6. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES TO ADDRESS
 RENEWAL OF LICENSES OBTAINED THROUGH THE COMPACT.
   § 8868. COORDINATED  INFORMATION  SYSTEM. 1. THE INTERSTATE COMMISSION
 SHALL ESTABLISH A DATABASE OF  ALL  PHYSICIANS  LICENSED,  OR  WHO  HAVE
 APPLIED  FOR LICENSURE, UNDER SECTION EIGHTY-EIGHT HUNDRED SIXTY-FIVE OF
 THIS ARTICLE.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  MEMBER  BOARDS  SHALL
 REPORT  TO  THE  INTERSTATE  COMMISSION  ANY PUBLIC ACTION OR COMPLAINTS
 AGAINST A LICENSED PHYSICIAN WHO HAS APPLIED OR  RECEIVED  AN  EXPEDITED
 LICENSE THROUGH THE COMPACT.
   3.  MEMBER  BOARDS SHALL REPORT DISCIPLINARY OR INVESTIGATORY INFORMA-
 TION DETERMINED AS NECESSARY  AND  PROPER  BY  RULE  OF  THE  INTERSTATE
 COMMISSION.
   4. MEMBER BOARDS MAY REPORT ANY NON-PUBLIC COMPLAINT, DISCIPLINARY, OR
 INVESTIGATORY  INFORMATION  NOT  REQUIRED  BY  SUBDIVISION THREE OF THIS
 SECTION TO THE INTERSTATE COMMISSION.
   5. MEMBER BOARDS SHALL SHARE  COMPLAINT  OR  DISCIPLINARY  INFORMATION
 ABOUT A PHYSICIAN UPON REQUEST OF ANOTHER MEMBER BOARD.
   6.  ALL  INFORMATION PROVIDED TO THE INTERSTATE COMMISSION OR DISTRIB-
 UTED BY MEMBER BOARDS SHALL BE CONFIDENTIAL, FILED UNDER SEAL, AND  USED
 ONLY FOR INVESTIGATORY OR DISCIPLINARY MATTERS.
   7.  THE  INTERSTATE  COMMISSION  IS  AUTHORIZED  TO  DEVELOP RULES FOR
 MANDATED OR DISCRETIONARY SHARING OF INFORMATION BY MEMBER BOARDS.
   § 8869. JOINT INVESTIGATIONS. 1. LICENSURE AND DISCIPLINARY RECORDS OF
 PHYSICIANS ARE DEEMED INVESTIGATIVE.
   2. IN ADDITION TO THE AUTHORITY GRANTED  TO  A  MEMBER  BOARD  BY  ITS
 RESPECTIVE  MEDICAL PRACTICE ACT OR OTHER APPLICABLE STATE LAW, A MEMBER
 BOARD MAY PARTICIPATE WITH OTHER MEMBER BOARDS IN  JOINT  INVESTIGATIONS
 OF PHYSICIANS LICENSED BY THE MEMBER BOARDS.
   3.  A  SUBPOENA ISSUED BY A MEMBER STATE SHALL BE ENFORCEABLE IN OTHER
 MEMBER STATES.
   4. MEMBER BOARDS MAY SHARE ANY INVESTIGATIVE, LITIGATION,  OR  COMPLI-
 ANCE  MATERIALS  IN FURTHERANCE OF ANY JOINT OR INDIVIDUAL INVESTIGATION
 INITIATED UNDER THE COMPACT.
   5. ANY MEMBER STATE MAY INVESTIGATE ACTUAL OR  ALLEGED  VIOLATIONS  OF
 THE  STATUTES  AUTHORIZING  THE PRACTICE OF MEDICINE IN ANY OTHER MEMBER
 STATE IN WHICH A PHYSICIAN HOLDS A LICENSE TO PRACTICE MEDICINE.
 S. 8007--A                         11                         A. 9007--A
 
   § 8870. DISCIPLINARY ACTIONS. 1. ANY DISCIPLINARY ACTION TAKEN BY  ANY
 MEMBER  BOARD  AGAINST A PHYSICIAN LICENSED THROUGH THE COMPACT SHALL BE
 DEEMED UNPROFESSIONAL CONDUCT WHICH MAY  BE  SUBJECT  TO  DISCIPLINE  BY
 OTHER  MEMBER  BOARDS, IN ADDITION TO ANY VIOLATION OF THE MEDICAL PRAC-
 TICE ACT OR REGULATIONS IN THAT STATE.
   2.  IF  A  LICENSE  GRANTED  TO A PHYSICIAN BY THE MEMBER BOARD IN THE
 STATE OF PRINCIPAL LICENSE IS REVOKED, SURRENDERED  OR  RELINQUISHED  IN
 LIEU OF DISCIPLINE, OR SUSPENDED, THEN ALL LICENSES ISSUED TO THE PHYSI-
 CIAN  BY  MEMBER  BOARDS  SHALL AUTOMATICALLY BE PLACED, WITHOUT FURTHER
 ACTION NECESSARY BY ANY MEMBER BOARD, ON THE SAME STATUS. IF THE  MEMBER
 BOARD  IN  THE  STATE  OF  PRINCIPAL LICENSE SUBSEQUENTLY REINSTATES THE
 PHYSICIAN'S LICENSE, A LICENSE ISSUED TO  THE  PHYSICIAN  BY  ANY  OTHER
 MEMBER  BOARD SHALL REMAIN ENCUMBERED UNTIL THAT RESPECTIVE MEMBER BOARD
 TAKES ACTION TO REINSTATE THE LICENSE IN A MANNER  CONSISTENT  WITH  THE
 MEDICAL PRACTICE ACT OF THAT STATE.
   3.  IF  DISCIPLINARY  ACTION  IS TAKEN AGAINST A PHYSICIAN BY A MEMBER
 BOARD NOT IN THE STATE OF PRINCIPAL LICENSE, ANY OTHER MEMBER BOARD  MAY
 DEEM THE ACTION CONCLUSIVE AS TO MATTER OF LAW AND FACT DECIDED, AND:
   (A) IMPOSE THE SAME OR LESSER SANCTION OR SANCTIONS AGAINST THE PHYSI-
 CIAN  SO LONG AS SUCH SANCTIONS ARE CONSISTENT WITH THE MEDICAL PRACTICE
 ACT OF THAT STATE; OR
   (B) PURSUE SEPARATE DISCIPLINARY ACTION AGAINST  THE  PHYSICIAN  UNDER
 ITS  RESPECTIVE  MEDICAL PRACTICE ACT, REGARDLESS OF THE ACTION TAKEN IN
 OTHER MEMBER STATES.
   4. IF A LICENSE GRANTED TO A PHYSICIAN BY A MEMBER BOARD  IS  REVOKED,
 SURRENDERED,  OR  RELINQUISHED IN LIEU OF DISCIPLINE, OR SUSPENDED, THEN
 ANY LICENSE OR LICENSES ISSUED TO THE  PHYSICIAN  BY  ANY  OTHER  MEMBER
 BOARD  OR BOARDS SHALL BE SUSPENDED, AUTOMATICALLY AND IMMEDIATELY WITH-
 OUT FURTHER ACTION NECESSARY BY THE OTHER MEMBER BOARD  OR  BOARDS,  FOR
 NINETY DAYS UPON ENTRY OF THE ORDER BY THE DISCIPLINING BOARD, TO PERMIT
 THE MEMBER BOARD OR BOARDS TO INVESTIGATE THE BASIS FOR THE ACTION UNDER
 THE MEDICAL PRACTICE ACT OF THAT STATE. A MEMBER BOARD MAY TERMINATE THE
 AUTOMATIC SUSPENSION OF THE LICENSE IT ISSUED PRIOR TO THE COMPLETION OF
 THE NINETY DAY SUSPENSION PERIOD IN A MANNER CONSISTENT WITH THE MEDICAL
 PRACTICE ACT OF THAT STATE.
   § 8871. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION. 1. THE MEMBER
 STATES  HEREBY  CREATE THE "INTERSTATE MEDICAL LICENSURE COMPACT COMMIS-
 SION".
   2. THE PURPOSE OF THE INTERSTATE COMMISSION IS THE  ADMINISTRATION  OF
 THE INTERSTATE MEDICAL LICENSURE COMPACT, WHICH IS A DISCRETIONARY STATE
 FUNCTION.
   3. THE INTERSTATE COMMISSION SHALL BE A BODY CORPORATE AND JOINT AGEN-
 CY OF THE MEMBER STATES AND SHALL HAVE ALL THE RESPONSIBILITIES, POWERS,
 AND  DUTIES  SET FORTH IN THE COMPACT, AND SUCH ADDITIONAL POWERS AS MAY
 BE CONFERRED UPON IT BY A SUBSEQUENT CONCURRENT ACTION OF THE RESPECTIVE
 LEGISLATURES OF THE MEMBER STATES IN ACCORDANCE WITH THE  TERMS  OF  THE
 COMPACT.
   4.  THE  INTERSTATE  COMMISSION  SHALL CONSIST OF TWO VOTING REPRESEN-
 TATIVES APPOINTED BY EACH MEMBER STATE WHO SHALL SERVE AS COMMISSIONERS.
 IN STATES WHERE ALLOPATHIC AND OSTEOPATHIC PHYSICIANS ARE  REGULATED  BY
 SEPARATE  MEMBER  BOARDS, OR IF THE LICENSING AND DISCIPLINARY AUTHORITY
 IS SPLIT BETWEEN MULTIPLE MEMBER  BOARDS  WITHIN  A  MEMBER  STATE,  THE
 MEMBER  STATE SHALL APPOINT ONE REPRESENTATIVE FROM EACH MEMBER BOARD. A
 COMMISSIONER SHALL BE A OR AN:
   (A) ALLOPATHIC OR OSTEOPATHIC PHYSICIAN APPOINTED TO A MEMBER BOARD;
 S. 8007--A                         12                         A. 9007--A
 
   (B) EXECUTIVE DIRECTOR, EXECUTIVE SECRETARY, OR SIMILAR EXECUTIVE OF A
 MEMBER BOARD; OR
   (C) MEMBER OF THE PUBLIC APPOINTED TO A MEMBER BOARD.
   5.  THE  INTERSTATE  COMMISSION SHALL MEET AT LEAST ONCE EACH CALENDAR
 YEAR. A PORTION OF THIS MEETING SHALL BE A BUSINESS MEETING  TO  ADDRESS
 SUCH  MATTERS  AS MAY PROPERLY COME BEFORE THE COMMISSION, INCLUDING THE
 ELECTION OF OFFICERS. THE CHAIRPERSON MAY CALL ADDITIONAL  MEETINGS  AND
 SHALL  CALL  FOR  A MEETING UPON THE REQUEST OF A MAJORITY OF THE MEMBER
 STATES.
   6. THE BYLAWS MAY PROVIDE FOR MEETINGS OF THE INTERSTATE COMMISSION TO
 BE CONDUCTED BY TELECOMMUNICATION OR ELECTRONIC COMMUNICATION.
   7. EACH COMMISSIONER PARTICIPATING AT  A  MEETING  OF  THE  INTERSTATE
 COMMISSION  IS  ENTITLED  TO ONE VOTE. A MAJORITY OF COMMISSIONERS SHALL
 CONSTITUTE A QUORUM FOR THE TRANSACTION OF  BUSINESS,  UNLESS  A  LARGER
 QUORUM IS REQUIRED BY THE BYLAWS OF THE INTERSTATE COMMISSION. A COMMIS-
 SIONER SHALL NOT DELEGATE A VOTE TO ANOTHER COMMISSIONER. IN THE ABSENCE
 OF  ITS COMMISSIONER, A MEMBER STATE MAY DELEGATE VOTING AUTHORITY FOR A
 SPECIFIED MEETING TO ANOTHER PERSON FROM THAT STATE WHO SHALL  MEET  THE
 REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION.
   8.  THE INTERSTATE COMMISSION SHALL PROVIDE PUBLIC NOTICE OF ALL MEET-
 INGS AND ALL MEETINGS SHALL  BE  OPEN  TO  THE  PUBLIC.  THE  INTERSTATE
 COMMISSION  MAY  CLOSE A MEETING, IN FULL OR IN PORTION, WHERE IT DETER-
 MINES BY A TWO-THIRDS VOTE OF THE COMMISSIONERS  PRESENT  THAT  AN  OPEN
 MEETING WOULD BE LIKELY TO:
   (A)  RELATE  SOLELY TO THE INTERNAL PERSONNEL PRACTICES AND PROCEDURES
 OF THE INTERSTATE COMMISSION;
   (B) DISCUSS MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE  BY  FEDERAL
 STATUTE;
   (C)  DISCUSS  TRADE SECRETS, COMMERCIAL, OR FINANCIAL INFORMATION THAT
 IS PRIVILEGED OR CONFIDENTIAL;
   (D) INVOLVE ACCUSING A PERSON OF A  CRIME,  OR  FORMALLY  CENSURING  A
 PERSON;
   (E)  DISCUSS  INFORMATION  OF A PERSONAL NATURE WHERE DISCLOSURE WOULD
 CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
   (F)  DISCUSS  INVESTIGATIVE  RECORDS  COMPILED  FOR  LAW   ENFORCEMENT
 PURPOSES; OR
   (G)  SPECIFICALLY  RELATE  TO  THE  PARTICIPATION IN A CIVIL ACTION OR
 OTHER LEGAL PROCEEDING.
   9. THE INTERSTATE COMMISSION SHALL  KEEP  MINUTES  WHICH  SHALL  FULLY
 DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND
 ACCURATE  SUMMARY  OF  ACTIONS  TAKEN, INCLUDING RECORD OF ANY ROLL CALL
 VOTES.
   10. THE INTERSTATE COMMISSION SHALL MAKE ITS INFORMATION AND  OFFICIAL
 RECORDS, TO THE EXTENT NOT OTHERWISE DESIGNATED IN THE COMPACT OR BY ITS
 RULES, AVAILABLE TO THE PUBLIC FOR INSPECTION.
   11.  THE INTERSTATE COMMISSION SHALL ESTABLISH AN EXECUTIVE COMMITTEE,
 WHICH SHALL INCLUDE OFFICERS, MEMBERS, AND OTHERS AS DETERMINED  BY  THE
 BYLAWS. THE EXECUTIVE COMMITTEE SHALL HAVE THE POWER TO ACT ON BEHALF OF
 THE  INTERSTATE  COMMISSION,  WITH  THE  EXCEPTION OF RULEMAKING, DURING
 PERIODS WHEN THE INTERSTATE COMMISSION IS NOT IN SESSION. WHEN ACTING ON
 BEHALF OF THE INTERSTATE COMMISSION, THE EXECUTIVE COMMITTEE SHALL OVER-
 SEE THE ADMINISTRATION OF THE COMPACT INCLUDING ENFORCEMENT AND  COMPLI-
 ANCE WITH THE PROVISIONS OF THE COMPACT, ITS BYLAWS AND RULES, AND OTHER
 SUCH DUTIES AS NECESSARY.
   12.  THE  INTERSTATE  COMMISSION  MAY  ESTABLISH  OTHER COMMITTEES FOR
 GOVERNANCE AND ADMINISTRATION OF THE COMPACT.
 S. 8007--A                         13                         A. 9007--A
 
   § 8872. POWERS AND DUTIES OF THE INTERSTATE COMMISSION. THE INTERSTATE
 COMMISSION SHALL HAVE THE DUTY AND POWER TO:
   1. OVERSEE AND MAINTAIN THE ADMINISTRATION OF THE COMPACT;
   2.  PROMULGATE  RULES  WHICH SHALL BE BINDING TO THE EXTENT AND IN THE
 MANNER PROVIDED FOR IN THE COMPACT;
   3. ISSUE, UPON THE REQUEST OF A MEMBER STATE OR MEMBER BOARD, ADVISORY
 OPINIONS CONCERNING THE MEANING OR INTERPRETATION OF  THE  COMPACT,  ITS
 BYLAWS, RULES, AND ACTIONS;
   4.  ENFORCE  COMPLIANCE WITH COMPACT PROVISIONS, THE RULES PROMULGATED
 BY THE INTERSTATE COMMISSION, AND THE BYLAWS, USING  ALL  NECESSARY  AND
 PROPER MEANS, INCLUDING BUT NOT LIMITED TO THE USE OF JUDICIAL PROCESS;
   5.  ESTABLISH AND APPOINT COMMITTEES INCLUDING, BUT NOT LIMITED TO, AN
 EXECUTIVE COMMITTEE AS REQUIRED BY SECTION EIGHTY-EIGHT  HUNDRED  SEVEN-
 TY-ONE  OF  THIS ARTICLE, WHICH SHALL HAVE THE POWER TO ACT ON BEHALF OF
 THE INTERSTATE COMMISSION IN CARRYING OUT ITS POWERS AND DUTIES;
   6. PAY, OR PROVIDE FOR THE PAYMENT OF  THE  EXPENSES  RELATED  TO  THE
 ESTABLISHMENT,  ORGANIZATION,  AND  ONGOING ACTIVITIES OF THE INTERSTATE
 COMMISSION;
   7. ESTABLISH AND MAINTAIN ONE OR MORE OFFICES;
   8. BORROW, ACCEPT, HIRE, OR CONTRACT FOR SERVICES OF PERSONNEL;
   9. PURCHASE AND MAINTAIN INSURANCE AND BONDS;
   10. EMPLOY AN EXECUTIVE DIRECTOR WHO SHALL HAVE SUCH POWERS TO EMPLOY,
 SELECT OR APPOINT EMPLOYEES, AGENTS, OR CONSULTANTS,  AND  TO  DETERMINE
 THEIR QUALIFICATIONS, DEFINE THEIR DUTIES, AND FIX THEIR COMPENSATION;
   11. ESTABLISH PERSONNEL POLICIES AND PROGRAMS RELATING TO CONFLICTS OF
 INTEREST, RATES OF COMPENSATION, AND QUALIFICATIONS OF PERSONNEL;
   12. ACCEPT DONATIONS AND GRANTS OF MONEY, EQUIPMENT, SUPPLIES, MATERI-
 ALS AND SERVICES, AND TO RECEIVE, UTILIZE, AND DISPOSE OF IT IN A MANNER
 CONSISTENT  WITH  THE  CONFLICT  OF INTEREST POLICIES ESTABLISHED BY THE
 INTERSTATE COMMISSION;
   13. LEASE, PURCHASE, ACCEPT CONTRIBUTIONS OR DONATIONS OF,  OR  OTHER-
 WISE  TO  OWN,  HOLD,  IMPROVE, OR USE, ANY PROPERTY, REAL, PERSONAL, OR
 MIXED;
   14. SELL, CONVEY,  MORTGAGE,  PLEDGE,  LEASE,  EXCHANGE,  ABANDON,  OR
 OTHERWISE DISPOSE OF ANY PROPERTY, REAL, PERSONAL, OR MIXED;
   15. ESTABLISH A BUDGET AND MAKE EXPENDITURES;
   16.  ADOPT A SEAL AND BYLAWS GOVERNING THE MANAGEMENT AND OPERATION OF
 THE INTERSTATE COMMISSION;
   17. REPORT ANNUALLY TO THE LEGISLATURES AND GOVERNORS  OF  THE  MEMBER
 STATES CONCERNING THE ACTIVITIES OF THE INTERSTATE COMMISSION DURING THE
 PRECEDING  YEAR.    SUCH REPORTS SHALL ALSO INCLUDE REPORTS OF FINANCIAL
 AUDITS AND ANY RECOMMENDATIONS THAT MAY HAVE BEEN ADOPTED BY THE  INTER-
 STATE COMMISSION;
   18. COORDINATE EDUCATION, TRAINING, AND PUBLIC AWARENESS REGARDING THE
 COMPACT, ITS IMPLEMENTATION, AND ITS OPERATION;
   19. MAINTAIN RECORDS IN ACCORDANCE WITH THE BYLAWS;
   20. SEEK AND OBTAIN TRADEMARKS, COPYRIGHTS, AND PATENTS; AND
   21.  PERFORM  SUCH  FUNCTIONS  AS  MAY  BE NECESSARY OR APPROPRIATE TO
 ACHIEVE THE PURPOSES OF THE COMPACT.
   § 8873. FINANCE POWERS. 1. THE INTERSTATE COMMISSION MAY LEVY  ON  AND
 COLLECT AN ANNUAL ASSESSMENT FROM EACH MEMBER STATE TO COVER THE COST OF
 THE  OPERATIONS  AND  ACTIVITIES  OF  THE  INTERSTATE COMMISSION AND ITS
 STAFF. THE TOTAL ASSESSMENT MUST BE SUFFICIENT TO COVER THE ANNUAL BUDG-
 ET APPROVED EACH YEAR FOR WHICH REVENUE IS NOT PROVIDED BY OTHER  SOURC-
 ES.  THE  AGGREGATE  ANNUAL  ASSESSMENT AMOUNT SHALL BE ALLOCATED UPON A
 S. 8007--A                         14                         A. 9007--A
 
 FORMULA TO BE DETERMINED  BY  THE  INTERSTATE  COMMISSION,  WHICH  SHALL
 PROMULGATE A RULE BINDING UPON ALL MEMBER STATES.
   2.  THE  INTERSTATE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND
 PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE SAME.
   3. THE INTERSTATE COMMISSION SHALL NOT PLEDGE THE CREDIT OF ANY OF THE
 MEMBER STATES, EXCEPT BY, AND WITH THE AUTHORITY OF, THE MEMBER STATE.
   4. THE INTERSTATE COMMISSION SHALL BE SUBJECT TO  A  YEARLY  FINANCIAL
 AUDIT  CONDUCTED  BY  A  CERTIFIED OR LICENSED PUBLIC ACCOUNTANT AND THE
 REPORT OF THE AUDIT SHALL BE INCLUDED IN THE ANNUAL REPORT OF THE INTER-
 STATE COMMISSION.
   § 8874. ORGANIZATION AND OPERATION OF THE  INTERSTATE  COMMISSION.  1.
 THE  INTERSTATE COMMISSION SHALL, BY A MAJORITY OF COMMISSIONERS PRESENT
 AND VOTING, ADOPT BYLAWS TO GOVERN ITS CONDUCT AS MAY  BE  NECESSARY  OR
 APPROPRIATE  TO  CARRY  OUT  THE  PURPOSES  OF THE COMPACT WITHIN TWELVE
 MONTHS OF THE FIRST INTERSTATE COMMISSION MEETING.
   2. THE INTERSTATE COMMISSION SHALL  ELECT  OR  APPOINT  ANNUALLY  FROM
 AMONG  ITS COMMISSIONERS A CHAIRPERSON, A VICE-CHAIRPERSON, AND A TREAS-
 URER, EACH OF WHOM SHALL HAVE SUCH AUTHORITY AND DUTIES AS MAY BE SPECI-
 FIED IN THE BYLAWS. THE CHAIRPERSON, OR IN THE CHAIRPERSON'S ABSENCE  OR
 DISABILITY,  THE  VICE-CHAIRPERSON, SHALL PRESIDE AT ALL MEETINGS OF THE
 INTERSTATE COMMISSION.
   3. OFFICERS SELECTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL
 SERVE WITHOUT REMUNERATION FROM THE INTERSTATE COMMISSION.
   4. THE OFFICERS AND EMPLOYEES OF THE INTERSTATE  COMMISSION  SHALL  BE
 IMMUNE  FROM  SUIT AND LIABILITY, EITHER PERSONALLY OR IN THEIR OFFICIAL
 CAPACITY, FOR A CLAIM FOR DAMAGE TO OR  LOSS  OF  PROPERTY  OR  PERSONAL
 INJURY  OR  OTHER  CIVIL LIABILITY CAUSED OR ARISING OUT OF, OR RELATING
 TO, AN ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED, OR  THAT
 SUCH  PERSON  HAD  A REASONABLE BASIS FOR BELIEVING OCCURRED, WITHIN THE
 SCOPE OF INTERSTATE COMMISSION EMPLOYMENT, DUTIES, OR  RESPONSIBILITIES;
 PROVIDED  THAT SUCH PERSON SHALL NOT BE PROTECTED FROM SUIT OR LIABILITY
 FOR DAMAGE, LOSS, INJURY, OR LIABILITY  CAUSED  BY  THE  INTENTIONAL  OR
 WILLFUL AND WANTON MISCONDUCT OF SUCH PERSON.
   (A)  THE  LIABILITY  OF  THE  EXECUTIVE  DIRECTOR AND EMPLOYEES OF THE
 INTERSTATE COMMISSION OR REPRESENTATIVES OF THE  INTERSTATE  COMMISSION,
 ACTING  WITHIN THE SCOPE OF SUCH PERSON'S EMPLOYMENT OR DUTIES FOR ACTS,
 ERRORS, OR OMISSIONS OCCURRING  WITHIN  SUCH  PERSON'S  STATE,  MAY  NOT
 EXCEED THE LIMITS OF LIABILITY SET FORTH UNDER THE CONSTITUTION AND LAWS
 OF THAT STATE FOR STATE OFFICIALS, EMPLOYEES, AND AGENTS. THE INTERSTATE
 COMMISSION  IS CONSIDERED TO BE AN INSTRUMENTALITY OF THE STATES FOR THE
 PURPOSES OF ANY SUCH  ACTION.    NOTHING  IN  THIS  PARAGRAPH  SHALL  BE
 CONSTRUED  TO  PROTECT  SUCH  PERSON  FROM SUIT OR LIABILITY FOR DAMAGE,
 LOSS, INJURY, OR LIABILITY CAUSED BY  THE  INTENTIONAL  OR  WILLFUL  AND
 WANTON MISCONDUCT OF SUCH PERSON.
   (B) THE INTERSTATE COMMISSION SHALL DEFEND THE EXECUTIVE DIRECTOR, ITS
 EMPLOYEES,  AND SUBJECT TO THE APPROVAL OF THE ATTORNEY GENERAL OR OTHER
 APPROPRIATE LEGAL COUNSEL OF THE MEMBER STATE REPRESENTED BY  AN  INTER-
 STATE COMMISSION REPRESENTATIVE, SHALL DEFEND SUCH INTERSTATE COMMISSION
 REPRESENTATIVE  IN  ANY CIVIL ACTION SEEKING TO IMPOSE LIABILITY ARISING
 OUT OF AN ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT OCCURRED  WITHIN
 THE  SCOPE  OF  INTERSTATE COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBIL-
 ITIES, OR THAT THE  DEFENDANT  HAD  A  REASONABLE  BASIS  FOR  BELIEVING
 OCCURRED  WITHIN  THE SCOPE OF INTERSTATE COMMISSION EMPLOYMENT, DUTIES,
 OR RESPONSIBILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED ACT, ERROR,  OR
 OMISSION  DID  NOT RESULT FROM INTENTIONAL OR WILLFUL AND WANTON MISCON-
 DUCT ON THE PART OF SUCH PERSON.
 S. 8007--A                         15                         A. 9007--A
 
   (C) TO THE EXTENT NOT COVERED BY THE STATE INVOLVED, MEMBER STATE,  OR
 THE  INTERSTATE  COMMISSION,  THE  REPRESENTATIVES  OR  EMPLOYEES OF THE
 INTERSTATE COMMISSION SHALL BE HELD HARMLESS IN THE AMOUNT OF A  SETTLE-
 MENT  OR JUDGMENT, INCLUDING ATTORNEY'S FEES AND COSTS, OBTAINED AGAINST
 SUCH PERSONS ARISING OUT OF AN ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION
 THAT  OCCURRED  WITHIN  THE  SCOPE  OF INTERSTATE COMMISSION EMPLOYMENT,
 DUTIES, OR RESPONSIBILITIES, OR THAT SUCH PERSONS HAD A REASONABLE BASIS
 FOR BELIEVING OCCURRED WITHIN THE SCOPE OF INTERSTATE COMMISSION EMPLOY-
 MENT, DUTIES, OR RESPONSIBILITIES, PROVIDED THAT THE ACTUAL  OR  ALLEGED
 ACT,  ERROR,  OR OMISSION DID NOT RESULT FROM INTENTIONAL OR WILLFUL AND
 WANTON MISCONDUCT ON THE PART OF SUCH PERSONS.
   § 8875. RULEMAKING FUNCTIONS OF THE INTERSTATE  COMMISSION.  1.    THE
 INTERSTATE  COMMISSION  SHALL  PROMULGATE  REASONABLE  RULES IN ORDER TO
 EFFECTIVELY  AND  EFFICIENTLY  ACHIEVE  THE  PURPOSES  OF  THE  COMPACT.
 NOTWITHSTANDING  THE  FOREGOING,  IN THE EVENT THE INTERSTATE COMMISSION
 EXERCISES ITS RULEMAKING AUTHORITY IN A MANNER THAT IS BEYOND THE  SCOPE
 OF  THE  PURPOSES  OF THE COMPACT, OR THE POWERS GRANTED HEREUNDER, THEN
 SUCH AN ACTION BY THE INTERSTATE COMMISSION SHALL BE INVALID AND HAVE NO
 FORCE OR EFFECT.
   2. RULES DEEMED APPROPRIATE  FOR  THE  OPERATIONS  OF  THE  INTERSTATE
 COMMISSION  SHALL BE MADE PURSUANT TO A RULEMAKING PROCESS THAT SUBSTAN-
 TIALLY CONFORMS TO THE FEDERAL MODEL STATE ADMINISTRATIVE PROCEDURE  ACT
 OF 2010, AND SUBSEQUENT AMENDMENTS THERETO.
   3.  NOT LATER THAN THIRTY DAYS AFTER A RULE IS PROMULGATED, ANY PERSON
 MAY FILE A PETITION FOR JUDICIAL REVIEW OF THE RULE IN THE UNITED STATES
 DISTRICT COURT FOR THE DISTRICT OF  COLUMBIA  OR  THE  FEDERAL  DISTRICT
 WHERE THE INTERSTATE COMMISSION HAS ITS PRINCIPAL OFFICES, PROVIDED THAT
 THE  FILING  OF  SUCH A PETITION SHALL NOT STAY OR OTHERWISE PREVENT THE
 RULE FROM BECOMING EFFECTIVE UNLESS THE COURT FINDS THAT THE  PETITIONER
 HAS  A SUBSTANTIAL LIKELIHOOD OF SUCCESS. THE COURT SHALL GIVE DEFERENCE
 TO THE ACTIONS OF THE INTERSTATE COMMISSION CONSISTENT  WITH  APPLICABLE
 LAW  AND SHALL NOT FIND THE RULE TO BE UNLAWFUL IF THE RULE REPRESENTS A
 REASONABLE EXERCISE OF THE AUTHORITY GRANTED TO THE  INTERSTATE  COMMIS-
 SION.
   § 8876. OVERSIGHT  OF  INTERSTATE  COMPACT. 1. THE EXECUTIVE, LEGISLA-
 TIVE, AND JUDICIAL BRANCHES OF STATE GOVERNMENT  IN  EACH  MEMBER  STATE
 SHALL  ENFORCE  THE  COMPACT  AND  SHALL  TAKE ALL ACTIONS NECESSARY AND
 APPROPRIATE  TO  EFFECTUATE  THE  COMPACT'S  PURPOSES  AND  INTENT.  THE
 PROVISIONS OF THE COMPACT AND THE RULES PROMULGATED HEREUNDER SHALL HAVE
 STANDING AS STATUTORY LAW BUT SHALL NOT OVERRIDE EXISTING STATE AUTHORI-
 TY TO REGULATE THE PRACTICE OF MEDICINE.
   2.  ALL COURTS SHALL TAKE JUDICIAL NOTICE OF THE COMPACT AND THE RULES
 IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING IN A MEMBER STATE  PERTAIN-
 ING  TO  THE  SUBJECT MATTER OF THE COMPACT WHICH MAY AFFECT THE POWERS,
 RESPONSIBILITIES OR ACTIONS OF THE INTERSTATE COMMISSION.
   3. THE INTERSTATE COMMISSION SHALL BE ENTITLED TO RECEIVE ALL  SERVICE
 OF  PROCESS IN ANY SUCH PROCEEDING, AND SHALL HAVE STANDING TO INTERVENE
 IN THE PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE SERVICE OF  PROC-
 ESS  TO  THE INTERSTATE COMMISSION SHALL RENDER A JUDGMENT OR ORDER VOID
 AS TO THE INTERSTATE COMMISSION, THE COMPACT, OR PROMULGATED RULES.
   § 8877. ENFORCEMENT OF INTERSTATE COMPACT. 1. THE  INTERSTATE  COMMIS-
 SION,  IN  THE  REASONABLE EXERCISE OF ITS DISCRETION, SHALL ENFORCE THE
 PROVISIONS AND RULES OF THE COMPACT.
   2. THE INTERSTATE COMMISSION MAY, BY MAJORITY VOTE OF THE  COMMISSION-
 ERS,  INITIATE  LEGAL ACTION IN THE UNITED STATES DISTRICT COURT FOR THE
 DISTRICT OF COLUMBIA, OR, AT THE DISCRETION OF  THE  INTERSTATE  COMMIS-
 S. 8007--A                         16                         A. 9007--A
 
 SION,  IN  THE  FEDERAL DISTRICT WHERE THE INTERSTATE COMMISSION HAS ITS
 PRINCIPAL OFFICES, TO ENFORCE COMPLIANCE  WITH  THE  PROVISIONS  OF  THE
 COMPACT, AND ITS PROMULGATED RULES AND BYLAWS, AGAINST A MEMBER STATE IN
 DEFAULT.  THE  RELIEF  SOUGHT  MAY  INCLUDE  BOTH  INJUNCTIVE RELIEF AND
 DAMAGES. IN THE EVENT JUDICIAL ENFORCEMENT IS NECESSARY, THE  PREVAILING
 PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION INCLUDING REASONABLE
 ATTORNEY'S FEES.
   3.  THE  REMEDIES  HEREIN  SHALL  NOT BE THE EXCLUSIVE REMEDIES OF THE
 INTERSTATE COMMISSION.  THE INTERSTATE COMMISSION MAY  AVAIL  ITSELF  OF
 ANY  OTHER  REMEDIES  AVAILABLE  UNDER  STATE LAW OR THE REGULATION OF A
 PROFESSION.
   § 8878. DEFAULT PROCEDURES. 1. THE GROUNDS FOR  DEFAULT  INCLUDE,  BUT
 ARE  NOT  LIMITED  TO,  FAILURE  OF A MEMBER STATE TO PERFORM SUCH OBLI-
 GATIONS OR RESPONSIBILITIES IMPOSED UPON IT BY THE COMPACT, OR THE RULES
 AND BYLAWS OF THE INTERSTATE COMMISSION PROMULGATED UNDER THE COMPACT.
   2. IF THE INTERSTATE COMMISSION DETERMINES THAT  A  MEMBER  STATE  HAS
 DEFAULTED  IN  THE  PERFORMANCE  OF  ITS OBLIGATIONS OR RESPONSIBILITIES
 UNDER THE COMPACT, OR THE BYLAWS OR PROMULGATED  RULES,  THE  INTERSTATE
 COMMISSION SHALL:
   (A)  PROVIDE  WRITTEN  NOTICE TO THE DEFAULTING STATE AND OTHER MEMBER
 STATES, OF THE NATURE OF THE DEFAULT, THE MEANS OF CURING  THE  DEFAULT,
 AND  ANY  ACTION  TAKEN  BY  THE INTERSTATE COMMISSION.   THE INTERSTATE
 COMMISSION SHALL SPECIFY THE CONDITIONS BY WHICH  THE  DEFAULTING  STATE
 MUST CURE ITS DEFAULT; AND
   (B)  PROVIDE  REMEDIAL  TRAINING  AND  SPECIFIC  TECHNICAL  ASSISTANCE
 REGARDING THE DEFAULT.
   3. IF THE DEFAULTING STATE FAILS TO CURE THE DEFAULT,  THE  DEFAULTING
 STATE SHALL BE TERMINATED FROM THE COMPACT UPON AN AFFIRMATIVE VOTE OF A
 MAJORITY  OF  THE COMMISSIONERS AND ALL RIGHTS, PRIVILEGES, AND BENEFITS
 CONFERRED BY THE COMPACT SHALL TERMINATE ON THE EFFECTIVE DATE OF TERMI-
 NATION. A CURE OF THE DEFAULT DOES NOT RELIEVE THE  OFFENDING  STATE  OF
 OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF THE DEFAULT.
   4.  TERMINATION  OF  MEMBERSHIP  IN  THE COMPACT SHALL BE IMPOSED ONLY
 AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE BEEN EXHAUSTED. NOTICE
 OF INTENT TO TERMINATE SHALL BE GIVEN BY THE  INTERSTATE  COMMISSION  TO
 THE  GOVERNOR,  THE  MAJORITY  AND  MINORITY  LEADERS  OF THE DEFAULTING
 STATE'S LEGISLATURE, AND EACH OF THE MEMBER STATES.
   5. THE INTERSTATE COMMISSION SHALL ESTABLISH RULES AND  PROCEDURES  TO
 ADDRESS  LICENSES  AND  PHYSICIANS  THAT  ARE MATERIALLY IMPACTED BY THE
 TERMINATION OF A MEMBER STATE, OR THE WITHDRAWAL OF A MEMBER STATE.
   6. THE MEMBER STATE WHICH HAS BEEN TERMINATED IS RESPONSIBLE  FOR  ALL
 DUES,  OBLIGATIONS,  AND LIABILITIES INCURRED THROUGH THE EFFECTIVE DATE
 OF TERMINATION INCLUDING OBLIGATIONS, THE PERFORMANCE OF  WHICH  EXTENDS
 BEYOND THE EFFECTIVE DATE OF TERMINATION.
   7.  THE INTERSTATE COMMISSION SHALL NOT BEAR ANY COSTS RELATING TO ANY
 STATE THAT HAS BEEN FOUND TO BE IN DEFAULT OR WHICH HAS BEEN  TERMINATED
 FROM  THE  COMPACT,  UNLESS  OTHERWISE  MUTUALLY  AGREED UPON IN WRITING
 BETWEEN THE INTERSTATE COMMISSION AND THE DEFAULTING STATE.
   8. THE DEFAULTING STATE  MAY  APPEAL  THE  ACTION  OF  THE  INTERSTATE
 COMMISSION  BY  PETITIONING  THE  UNITED  STATES  DISTRICT COURT FOR THE
 DISTRICT OF COLUMBIA  OR  THE  FEDERAL  DISTRICT  WHERE  THE  INTERSTATE
 COMMISSION  HAS  ITS  PRINCIPAL  OFFICES.  THE PREVAILING PARTY SHALL BE
 AWARDED ALL COSTS OF SUCH  LITIGATION  INCLUDING  REASONABLE  ATTORNEY'S
 FEES.
   § 8879. DISPUTE   RESOLUTION.   1.  THE  INTERSTATE  COMMISSION  SHALL
 ATTEMPT, UPON THE REQUEST OF A MEMBER STATE, TO RESOLVE  DISPUTES  WHICH
 S. 8007--A                         17                         A. 9007--A
 
 ARE  SUBJECT  TO  THE COMPACT AND WHICH MAY ARISE AMONG MEMBER STATES OR
 MEMBER BOARDS.
   2. THE INTERSTATE COMMISSION SHALL PROMULGATE RULES PROVIDING FOR BOTH
 MEDIATION AND BINDING DISPUTE RESOLUTION AS APPROPRIATE.
   § 8880. MEMBER  STATES,  EFFECTIVE DATE AND AMENDMENT. 1. ANY STATE IS
 ELIGIBLE TO BECOME A MEMBER STATE OF THE COMPACT.
   2. THE COMPACT SHALL BECOME EFFECTIVE  AND  BINDING  UPON  LEGISLATIVE
 ENACTMENT  OF  THE COMPACT INTO LAW BY NO LESS THAN SEVEN STATES. THERE-
 AFTER, IT SHALL BECOME EFFECTIVE AND BINDING ON A STATE  UPON  ENACTMENT
 OF THE COMPACT INTO LAW BY THAT STATE.
   3.  THE  GOVERNORS  OF NON-MEMBER STATES, OR THEIR DESIGNEES, SHALL BE
 INVITED TO PARTICIPATE IN THE ACTIVITIES OF THE INTERSTATE COMMISSION ON
 A NON-VOTING BASIS PRIOR TO ADOPTION OF THE COMPACT BY ALL STATES.
   4. THE INTERSTATE COMMISSION MAY PROPOSE AMENDMENTS TO THE COMPACT FOR
 ENACTMENT BY THE MEMBER STATES. NO AMENDMENT SHALL BECOME EFFECTIVE  AND
 BINDING  UPON THE INTERSTATE COMMISSION AND THE MEMBER STATES UNLESS AND
 UNTIL IT IS ENACTED INTO LAW BY UNANIMOUS CONSENT OF THE MEMBER STATES.
   § 8881. WITHDRAWAL. 1. ONCE EFFECTIVE, THE COMPACT SHALL  CONTINUE  IN
 FORCE AND REMAIN BINDING UPON EACH AND EVERY MEMBER STATE; PROVIDED THAT
 A  MEMBER  STATE MAY WITHDRAW FROM THE COMPACT BY SPECIFICALLY REPEALING
 THE STATUTE WHICH ENACTED THE COMPACT INTO LAW.
   2. WITHDRAWAL FROM THE COMPACT SHALL BE BY THE ENACTMENT OF A  STATUTE
 REPEALING  THE  SAME, BUT SHALL NOT TAKE EFFECT UNTIL ONE YEAR AFTER THE
 EFFECTIVE DATE OF SUCH STATUTE AND UNTIL WRITTEN  NOTICE  OF  THE  WITH-
 DRAWAL  HAS  BEEN GIVEN BY THE WITHDRAWING STATE TO THE GOVERNOR OF EACH
 OTHER MEMBER STATE.
   3. THE WITHDRAWING STATE SHALL IMMEDIATELY NOTIFY THE  CHAIRPERSON  OF
 THE  INTERSTATE  COMMISSION  IN  WRITING UPON THE INTRODUCTION OF LEGIS-
 LATION REPEALING THE COMPACT IN THE WITHDRAWING STATE.
   4. THE INTERSTATE COMMISSION SHALL NOTIFY THE OTHER MEMBER  STATES  OF
 THE  WITHDRAWING  STATE'S  INTENT  TO  WITHDRAW WITHIN SIXTY DAYS OF ITS
 RECEIPT OF NOTICE PROVIDED UNDER SUBDIVISION THREE OF THIS SECTION.
   5. THE WITHDRAWING STATE IS RESPONSIBLE FOR ALL DUES, OBLIGATIONS  AND
 LIABILITIES INCURRED THROUGH THE EFFECTIVE DATE OF WITHDRAWAL, INCLUDING
 OBLIGATIONS,  THE  PERFORMANCE OF WHICH EXTEND BEYOND THE EFFECTIVE DATE
 OF WITHDRAWAL.
   6. REINSTATEMENT FOLLOWING WITHDRAWAL OF A MEMBER  STATE  SHALL  OCCUR
 UPON  THE  WITHDRAWING  STATE  REENACTING THE COMPACT OR UPON SUCH LATER
 DATE AS DETERMINED BY THE INTERSTATE COMMISSION.
   7. THE INTERSTATE COMMISSION IS AUTHORIZED TO DEVELOP RULES TO ADDRESS
 THE IMPACT OF THE WITHDRAWAL OF A MEMBER STATE ON  LICENSES  GRANTED  IN
 OTHER  MEMBER STATES TO PHYSICIANS WHO DESIGNATED THE WITHDRAWING MEMBER
 STATE AS THE STATE OF PRINCIPAL LICENSE.
   § 8882. DISSOLUTION. 1. THE COMPACT SHALL DISSOLVE EFFECTIVE UPON  THE
 DATE  OF THE WITHDRAWAL OR DEFAULT OF THE MEMBER STATE WHICH REDUCES THE
 MEMBERSHIP IN THE COMPACT TO ONE MEMBER STATE.
   2. UPON THE DISSOLUTION OF THE COMPACT, THE COMPACT BECOMES  NULL  AND
 VOID  AND  SHALL  BE OF NO FURTHER FORCE OR EFFECT, AND THE BUSINESS AND
 AFFAIRS OF THE INTERSTATE COMMISSION  SHALL  BE  CONCLUDED  AND  SURPLUS
 FUNDS SHALL BE DISTRIBUTED IN ACCORDANCE WITH THE BYLAWS.
   § 8883. SEVERABILITY  AND  CONSTRUCTION.  1.  THE  PROVISIONS  OF  THE
 COMPACT SHALL BE SEVERABLE, AND IF  ANY  PHRASE,  CLAUSE,  SENTENCE,  OR
 PROVISION  IS  DEEMED  UNENFORCEABLE,  THE  REMAINING  PROVISIONS OF THE
 COMPACT SHALL BE ENFORCEABLE.
   2. THE PROVISIONS OF THE  COMPACT  SHALL  BE  LIBERALLY  CONSTRUED  TO
 EFFECTUATE ITS PURPOSES.
 S. 8007--A                         18                         A. 9007--A
 
   3.  NOTHING IN THE COMPACT SHALL BE CONSTRUED TO PROHIBIT THE APPLICA-
 BILITY OF OTHER INTERSTATE COMPACTS TO WHICH THE STATES ARE MEMBERS.
   § 8884. BINDING EFFECT OF COMPACT AND OTHER LAWS. 1. NOTHING CONTAINED
 IN  THIS  ARTICLE  SHALL  PREVENT  THE ENFORCEMENT OF ANY OTHER LAW OF A
 MEMBER STATE THAT IS NOT INCONSISTENT WITH THE COMPACT.
   2. ALL LAWS IN A MEMBER STATE IN CONFLICT WITH THE COMPACT ARE  SUPER-
 SEDED TO THE EXTENT OF THE CONFLICT.
   3.  ALL  LAWFUL  ACTIONS  OF  THE INTERSTATE COMMISSION, INCLUDING ALL
 RULES AND BYLAWS PROMULGATED BY THE COMMISSION,  ARE  BINDING  UPON  THE
 MEMBER STATES.
   4.  ALL  AGREEMENTS  BETWEEN  THE INTERSTATE COMMISSION AND THE MEMBER
 STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS.
   5. IN THE EVENT ANY PROVISION OF THE  COMPACT  EXCEEDS  THE  CONSTITU-
 TIONAL  LIMITS  IMPOSED  ON  THE  LEGISLATURE  OF ANY MEMBER STATE, SUCH
 PROVISION SHALL BE INEFFECTIVE TO THE EXTENT OF THE  CONFLICT  WITH  THE
 CONSTITUTIONAL PROVISION IN QUESTION IN THAT MEMBER STATE.
   §  2. Article 170 of the education law is renumbered article 171 and a
 new article 170 is added to title 8 of the  education  law  to  read  as
 follows:
                                ARTICLE 170
                          NURSE LICENSURE COMPACT
 SECTION 8900. NURSE LICENSURE COMPACT.
         8901. FINDINGS AND DECLARATION OF PURPOSE.
         8902. DEFINITIONS.
         8903. GENERAL PROVISIONS AND JURISDICTION.
         8904. APPLICATIONS FOR LICENSURE IN A PARTY STATE.
         8905. ADDITIONAL  AUTHORITIES  INVESTED IN PARTY STATE LICENSING
                 BOARDS.
         8906. COORDINATED LICENSURE INFORMATION SYSTEM AND  EXCHANGE  OF
                 INFORMATION.
         8907. ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE LICEN-
                 SURE COMPACT ADMINISTRATORS.
         8908. RULEMAKING.
         8909. OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT.
         8910. EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT.
         8911. CONSTRUCTION AND SEVERABILITY.
   § 8900. NURSE  LICENSURE  COMPACT.  THE  NURSE  LICENSE COMPACT AS SET
 FORTH IN THE ARTICLE IS HEREBY ADOPTED AND ENTERED INTO WITH  ALL  PARTY
 STATES JOINING THEREIN.
   § 8901. FINDINGS  AND  DECLARATION OF PURPOSE  1. FINDINGS.  THE PARTY
 STATES FIND THAT:
   A. THE HEALTH AND SAFETY OF THE PUBLIC ARE AFFECTED BY THE  DEGREE  OF
 COMPLIANCE  WITH AND THE EFFECTIVENESS OF ENFORCEMENT ACTIVITIES RELATED
 TO STATE NURSE LICENSURE LAWS;
   B. VIOLATIONS OF NURSE LICENSURE AND OTHER LAWS REGULATING  THE  PRAC-
 TICE OF NURSING MAY RESULT IN INJURY OR HARM TO THE PUBLIC;
   C.  THE  EXPANDED  MOBILITY OF NURSES AND THE USE OF ADVANCED COMMUNI-
 CATION TECHNOLOGIES AS PART OF OUR NATION'S HEALTH CARE DELIVERY  SYSTEM
 REQUIRE  GREATER  COORDINATION AND COOPERATION AMONG STATES IN THE AREAS
 OF NURSE LICENSURE AND REGULATION;
   D. NEW PRACTICE MODALITIES AND TECHNOLOGY MAKE COMPLIANCE  WITH  INDI-
 VIDUAL STATE NURSE LICENSURE LAWS DIFFICULT AND COMPLEX;
   E.  THE  CURRENT SYSTEM OF DUPLICATIVE LICENSURE FOR NURSES PRACTICING
 IN MULTIPLE STATES IS CUMBERSOME  AND  REDUNDANT  FOR  BOTH  NURSES  AND
 STATES; AND
 S. 8007--A                         19                         A. 9007--A
 
   F.  UNIFORMITY  OF  NURSE LICENSURE REQUIREMENTS THROUGHOUT THE STATES
 PROMOTES PUBLIC SAFETY AND PUBLIC HEALTH BENEFITS.
   2.  DECLARATION  OF  PURPOSE. THE GENERAL PURPOSES OF THIS COMPACT ARE
 TO:
   A. FACILITATE THE  STATES'  RESPONSIBILITY  TO  PROTECT  THE  PUBLIC'S
 HEALTH AND SAFETY;
   B.  ENSURE  AND ENCOURAGE THE COOPERATION OF PARTY STATES IN THE AREAS
 OF NURSE LICENSURE AND REGULATION;
   C. FACILITATE THE EXCHANGE OF INFORMATION BETWEEN PARTY STATES IN  THE
 AREAS OF NURSE REGULATION, INVESTIGATION AND ADVERSE ACTIONS;
   D.  PROMOTE COMPLIANCE WITH THE LAWS GOVERNING THE PRACTICE OF NURSING
 IN EACH JURISDICTION;
   E. INVEST ALL PARTY STATES WITH THE AUTHORITY TO HOLD A NURSE ACCOUNT-
 ABLE FOR MEETING ALL STATE PRACTICE LAWS  IN  THE  STATE  IN  WHICH  THE
 PATIENT  IS  LOCATED  AT  THE  TIME  CARE IS RENDERED THROUGH THE MUTUAL
 RECOGNITION OF PARTY STATE LICENSES;
   F. DECREASE REDUNDANCIES IN THE CONSIDERATION AND  ISSUANCE  OF  NURSE
 LICENSES; AND
   G.  PROVIDE  OPPORTUNITIES  FOR INTERSTATE PRACTICE BY NURSES WHO MEET
 UNIFORM LICENSURE REQUIREMENTS.
   § 8902. DEFINITIONS. 1. DEFINITIONS. AS USED IN THIS COMPACT:
   A. "ADVERSE ACTION" MEANS  ANY  ADMINISTRATIVE,  CIVIL,  EQUITABLE  OR
 CRIMINAL  ACTION  PERMITTED  BY  A  STATE'S  LAWS  WHICH IS IMPOSED BY A
 LICENSING BOARD OR OTHER AUTHORITY AGAINST A  NURSE,  INCLUDING  ACTIONS
 AGAINST  AN  INDIVIDUAL'S LICENSE OR MULTISTATE LICENSURE PRIVILEGE SUCH
 AS REVOCATION, SUSPENSION, PROBATION, MONITORING OF THE LICENSEE,  LIMI-
 TATION ON THE LICENSEE'S PRACTICE, OR ANY OTHER ENCUMBRANCE ON LICENSURE
 AFFECTING  A  NURSE'S AUTHORIZATION TO PRACTICE, INCLUDING ISSUANCE OF A
 CEASE AND DESIST ACTION.
   B. "ALTERNATIVE PROGRAM" MEANS A NON-DISCIPLINARY  MONITORING  PROGRAM
 APPROVED BY A LICENSING BOARD.
   C.  "COORDINATED  LICENSURE  INFORMATION  SYSTEM"  MEANS AN INTEGRATED
 PROCESS FOR COLLECTING, STORING AND SHARING INFORMATION ON NURSE  LICEN-
 SURE  AND ENFORCEMENT ACTIVITIES RELATED TO NURSE LICENSURE LAWS THAT IS
 ADMINISTERED BY A NONPROFIT ORGANIZATION COMPOSED OF AND  CONTROLLED  BY
 LICENSING BOARDS.
   D.  "COMMISSION"  MEANS  THE  INTERSTATE COMMISSION OF NURSE LICENSURE
 COMPACT ADMINISTRATORS.
   E. "CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION" MEANS:
   1. INVESTIGATIVE INFORMATION THAT A LICENSING BOARD, AFTER A  PRELIMI-
 NARY INQUIRY THAT INCLUDES NOTIFICATION AND AN OPPORTUNITY FOR THE NURSE
 TO  RESPOND,  IF  REQUIRED  BY  STATE  LAW, HAS REASON TO BELIEVE IS NOT
 GROUNDLESS AND, IF PROVED TRUE, WOULD INDICATE MORE THAN A MINOR INFRAC-
 TION; OR
   2. INVESTIGATIVE INFORMATION THAT INDICATES THAT THE NURSE  REPRESENTS
 AN  IMMEDIATE  THREAT  TO PUBLIC HEALTH AND SAFETY REGARDLESS OF WHETHER
 THE NURSE HAS BEEN NOTIFIED AND HAD AN OPPORTUNITY TO RESPOND; OR
   3. ANY INFORMATION CONCERNING A NURSE REPORTED TO A LICENSING BOARD BY
 A HEALTH CARE ENTITY, HEALTH CARE PROFESSIONAL,  OR  ANY  OTHER  PERSON,
 WHICH  INDICATES THAT THE NURSE DEMONSTRATED AN IMPAIRMENT, GROSS INCOM-
 PETENCE, OR UNPROFESSIONAL CONDUCT THAT WOULD PRESENT AN IMMINENT DANGER
 TO A PATIENT OR THE PUBLIC HEALTH, SAFETY, OR WELFARE.
   F. "ENCUMBRANCE" MEANS A REVOCATION OR SUSPENSION OF, OR  ANY  LIMITA-
 TION  ON,  THE  FULL  AND  UNRESTRICTED PRACTICE OF NURSING IMPOSED BY A
 LICENSING BOARD.
 S. 8007--A                         20                         A. 9007--A
 
   G. "HOME STATE" MEANS THE PARTY STATE WHICH  IS  THE  NURSE'S  PRIMARY
 STATE OF RESIDENCE.
   H. "LICENSING BOARD" MEANS A PARTY STATE'S REGULATORY BODY RESPONSIBLE
 FOR ISSUING NURSE LICENSES.
   I.  "MULTISTATE  LICENSE"  MEANS A LICENSE TO PRACTICE AS A REGISTERED
 NURSE (RN) OR AS A LICENSED PRACTICAL/VOCATIONAL NURSE  (LPN/VN),  WHICH
 IS  ISSUED  BY  A  HOME  STATE LICENSING BOARD, AND WHICH AUTHORIZES THE
 LICENSED NURSE TO PRACTICE IN ALL PARTY STATES UNDER A MULTISTATE LICEN-
 SURE PRIVILEGE.
   J. "MULTISTATE LICENSURE PRIVILEGE" MEANS A LEGAL AUTHORIZATION  ASSO-
 CIATED  WITH  A MULTISTATE LICENSE PERMITTING THE PRACTICE OF NURSING AS
 EITHER A RN OR A LPN/VN IN A REMOTE STATE.
   K. "NURSE" MEANS RN OR LPN/VN, AS THOSE  TERMS  ARE  DEFINED  BY  EACH
 PARTY STATE'S PRACTICE LAWS.
   L. "PARTY STATE" MEANS ANY STATE THAT HAS ADOPTED THIS COMPACT.
   M. "REMOTE STATE" MEANS A PARTY STATE, OTHER THAN THE HOME STATE.
   N.  "SINGLE-STATE  LICENSE"  MEANS  A  NURSE LICENSE ISSUED BY A PARTY
 STATE THAT AUTHORIZES PRACTICE ONLY WITHIN THE ISSUING  STATE  AND  DOES
 NOT  INCLUDE  A  MULTISTATE LICENSURE PRIVILEGE TO PRACTICE IN ANY OTHER
 PARTY STATE.
   O. "STATE" MEANS A STATE, TERRITORY OR POSSESSION OF THE UNITED STATES
 AND THE DISTRICT OF COLUMBIA.
   P. "STATE PRACTICE LAWS" MEANS A PARTY STATE'S LAWS, RULES  AND  REGU-
 LATIONS THAT GOVERN THE PRACTICE OF NURSING, DEFINE THE SCOPE OF NURSING
 PRACTICE,  AND  CREATE  THE METHODS AND GROUNDS FOR IMPOSING DISCIPLINE.
 "STATE PRACTICE LAWS" SHALL NOT INCLUDE REQUIREMENTS NECESSARY TO OBTAIN
 AND RETAIN A LICENSE, EXCEPT FOR QUALIFICATIONS OR REQUIREMENTS  OF  THE
 HOME STATE.
   § 8903. GENERAL PROVISIONS AND JURISDICTION. 1. GENERAL PROVISIONS AND
 JURISDICTION. A. A MULTISTATE LICENSE TO PRACTICE REGISTERED OR LICENSED
 PRACTICAL/VOCATIONAL  NURSING  ISSUED  BY  A HOME STATE TO A RESIDENT IN
 THAT STATE WILL BE RECOGNIZED BY EACH PARTY STATE AS AUTHORIZING A NURSE
 TO  PRACTICE  AS  A   REGISTERED   NURSE   (RN)   OR   AS   A   LICENSED
 PRACTICAL/VOCATIONAL NURSE (LPN/VN), UNDER A MULTISTATE LICENSURE PRIVI-
 LEGE, IN EACH PARTY STATE.
   B.  A  STATE  SHALL  IMPLEMENT PROCEDURES FOR CONSIDERING THE CRIMINAL
 HISTORY RECORDS OF APPLICANTS  FOR  AN  INITIAL  MULTISTATE  LICENSE  OR
 LICENSURE  BY  ENDORSEMENT. SUCH PROCEDURES SHALL INCLUDE THE SUBMISSION
 OF FINGERPRINTS OR OTHER BIOMETRIC-BASED INFORMATION BY  APPLICANTS  FOR
 THE PURPOSE OF OBTAINING AN APPLICANT'S CRIMINAL HISTORY RECORD INFORMA-
 TION FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE
 FOR RETAINING THAT STATE'S CRIMINAL RECORDS.
   C.  EACH PARTY STATE SHALL REQUIRE ITS LICENSING BOARD TO AUTHORIZE AN
 APPLICANT TO OBTAIN OR RETAIN A MULTISTATE LICENSE  IN  THE  HOME  STATE
 ONLY IF THE APPLICANT:
   I.  MEETS  THE HOME STATE'S QUALIFICATIONS FOR LICENSURE OR RENEWAL OF
 LICENSURE, AND COMPLIES WITH ALL OTHER APPLICABLE STATE LAWS;
   II. (1) HAS GRADUATED OR IS ELIGIBLE  TO  GRADUATE  FROM  A  LICENSING
 BOARD-APPROVED RN OR LPN/VN PRELICENSURE EDUCATION PROGRAM; OR
   (2)  HAS  GRADUATED FROM A FOREIGN RN OR LPN/VN PRELICENSURE EDUCATION
 PROGRAM THAT HAS BEEN: (A) APPROVED BY THE AUTHORIZED  ACCREDITING  BODY
 IN  THE  APPLICABLE  COUNTRY, AND (B) VERIFIED BY AN INDEPENDENT CREDEN-
 TIALS REVIEW AGENCY TO BE COMPARABLE TO A LICENSING BOARD-APPROVED PREL-
 ICENSURE EDUCATION PROGRAM;
   III. HAS, IF A GRADUATE OF A FOREIGN  PRELICENSURE  EDUCATION  PROGRAM
 NOT  TAUGHT  IN  ENGLISH  OR  IF  ENGLISH IS NOT THE INDIVIDUAL'S NATIVE
 S. 8007--A                         21                         A. 9007--A
 
 LANGUAGE, SUCCESSFULLY PASSED AN ENGLISH  PROFICIENCY  EXAMINATION  THAT
 INCLUDES THE COMPONENTS OF READING, SPEAKING, WRITING AND LISTENING;
   IV.  HAS  SUCCESSFULLY  PASSED  AN NCLEX-RN OR NCLEX-PN EXAMINATION OR
 RECOGNIZED PREDECESSOR, AS APPLICABLE;
   V. IS ELIGIBLE FOR OR HOLDS AN ACTIVE, UNENCUMBERED LICENSE;
   VI. HAS SUBMITTED, IN  CONNECTION  WITH  AN  APPLICATION  FOR  INITIAL
 LICENSURE  OR  LICENSURE BY ENDORSEMENT, FINGERPRINTS OR OTHER BIOMETRIC
 DATA FOR THE PURPOSE OF OBTAINING CRIMINAL  HISTORY  RECORD  INFORMATION
 FROM  THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE FOR
 RETAINING THAT STATE'S CRIMINAL RECORDS;
   VII. HAS NOT BEEN CONVICTED OR FOUND GUILTY, OR HAS  ENTERED  INTO  AN
 AGREED DISPOSITION, OF A FELONY OFFENSE UNDER APPLICABLE STATE OR FEDER-
 AL CRIMINAL LAW;
   VIII.  HAS  NOT BEEN CONVICTED OR FOUND GUILTY, OR HAS ENTERED INTO AN
 AGREED DISPOSITION, OF A MISDEMEANOR OFFENSE RELATED TO THE PRACTICE  OF
 NURSING AS DETERMINED ON A CASE-BY-CASE BASIS;
   IX. IS NOT CURRENTLY ENROLLED IN AN ALTERNATIVE PROGRAM;
   X.  IS  SUBJECT  TO  SELF-DISCLOSURE  REQUIREMENTS  REGARDING  CURRENT
 PARTICIPATION IN AN ALTERNATIVE PROGRAM; AND
   XI. HAS A VALID UNITED STATES SOCIAL SECURITY NUMBER.
   D. ALL PARTY STATES SHALL BE AUTHORIZED, IN ACCORDANCE  WITH  EXISTING
 STATE  DUE  PROCESS LAW, TO TAKE ADVERSE ACTION AGAINST A NURSE'S MULTI-
 STATE LICENSURE PRIVILEGE SUCH AS REVOCATION, SUSPENSION,  PROBATION  OR
 ANY  OTHER ACTION THAT AFFECTS A NURSE'S AUTHORIZATION TO PRACTICE UNDER
 A MULTISTATE LICENSURE PRIVILEGE, INCLUDING CEASE AND DESIST ACTIONS. IF
 A PARTY STATE TAKES SUCH ACTION, IT SHALL PROMPTLY NOTIFY  THE  ADMINIS-
 TRATOR  OF THE COORDINATED LICENSURE INFORMATION SYSTEM. THE ADMINISTRA-
 TOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM SHALL PROMPTLY NOTI-
 FY THE HOME STATE OF ANY SUCH ACTIONS BY REMOTE STATES.
   E. A NURSE PRACTICING IN A PARTY STATE SHALL  COMPLY  WITH  THE  STATE
 PRACTICE  LAWS  OF  THE STATE IN WHICH THE CLIENT IS LOCATED AT THE TIME
 SERVICE IS PROVIDED. THE PRACTICE OF NURSING IS NOT LIMITED  TO  PATIENT
 CARE  BUT  SHALL  INCLUDE  ALL  NURSING PRACTICE AS DEFINED BY THE STATE
 PRACTICE LAWS OF THE PARTY STATE IN WHICH THE  CLIENT  IS  LOCATED.  THE
 PRACTICE OF NURSING IN A PARTY STATE UNDER A MULTISTATE LICENSURE PRIVI-
 LEGE  WILL  SUBJECT  A NURSE TO THE JURISDICTION OF THE LICENSING BOARD,
 THE COURTS AND THE LAWS OF THE  PARTY  STATE  IN  WHICH  THE  CLIENT  IS
 LOCATED AT THE TIME SERVICE IS PROVIDED.
   F. INDIVIDUALS NOT RESIDING IN A PARTY STATE SHALL CONTINUE TO BE ABLE
 TO  APPLY FOR A PARTY STATE'S SINGLE-STATE LICENSE AS PROVIDED UNDER THE
 LAWS OF EACH PARTY STATE. HOWEVER, THE SINGLE-STATE LICENSE  GRANTED  TO
 THESE  INDIVIDUALS  WILL  NOT BE RECOGNIZED AS GRANTING THE PRIVILEGE TO
 PRACTICE NURSING IN ANY OTHER PARTY STATE. NOTHING IN THIS COMPACT SHALL
 AFFECT THE REQUIREMENTS ESTABLISHED BY A PARTY STATE FOR THE ISSUANCE OF
 A SINGLE-STATE LICENSE.
   G. ANY NURSE HOLDING A HOME STATE MULTISTATE LICENSE, ON THE EFFECTIVE
 DATE OF THIS COMPACT, MAY RETAIN AND RENEW THE MULTISTATE LICENSE ISSUED
 BY THE NURSE'S THEN-CURRENT HOME STATE, PROVIDED THAT:
   I. A  NURSE,  WHO  CHANGES  PRIMARY  STATE  OF  RESIDENCE  AFTER  THIS
 COMPACT'S  EFFECTIVE  DATE,  SHALL  MEET ALL APPLICABLE REQUIREMENTS SET
 FORTH IN THIS ARTICLE TO OBTAIN A MULTISTATE LICENSE  FROM  A  NEW  HOME
 STATE.
   II. A NURSE WHO FAILS TO SATISFY THE MULTISTATE LICENSURE REQUIREMENTS
 SET  FORTH  IN THIS ARTICLE DUE TO A DISQUALIFYING EVENT OCCURRING AFTER
 THIS COMPACT'S EFFECTIVE DATE SHALL BE INELIGIBLE TO RETAIN OR  RENEW  A
 MULTISTATE  LICENSE, AND THE NURSE'S MULTISTATE LICENSE SHALL BE REVOKED
 S. 8007--A                         22                         A. 9007--A
 
 OR DEACTIVATED IN  ACCORDANCE  WITH  APPLICABLE  RULES  ADOPTED  BY  THE
 COMMISSION.
   § 8904. APPLICATIONS  FOR  LICENSURE IN A PARTY STATE. 1. APPLICATIONS
 FOR LICENSURE IN A PARTY STATE. A. UPON  APPLICATION  FOR  A  MULTISTATE
 LICENSE, THE LICENSING BOARD IN THE ISSUING PARTY STATE SHALL ASCERTAIN,
 THROUGH THE COORDINATED LICENSURE INFORMATION SYSTEM, WHETHER THE APPLI-
 CANT  HAS  EVER HELD, OR IS THE HOLDER OF, A LICENSE ISSUED BY ANY OTHER
 STATE, WHETHER THERE ARE ANY ENCUMBRANCES ON ANY LICENSE  OR  MULTISTATE
 LICENSURE  PRIVILEGE  HELD  BY THE APPLICANT, WHETHER ANY ADVERSE ACTION
 HAS BEEN TAKEN AGAINST ANY LICENSE  OR  MULTISTATE  LICENSURE  PRIVILEGE
 HELD BY THE APPLICANT AND WHETHER THE APPLICANT IS CURRENTLY PARTICIPAT-
 ING IN AN ALTERNATIVE PROGRAM.
   B. A NURSE MAY HOLD A MULTISTATE LICENSE, ISSUED BY THE HOME STATE, IN
 ONLY ONE PARTY STATE AT A TIME.
   C. IF A NURSE CHANGES PRIMARY STATE OF RESIDENCE BY MOVING BETWEEN TWO
 PARTY  STATES, THE NURSE MUST APPLY FOR LICENSURE IN THE NEW HOME STATE,
 AND THE MULTISTATE LICENSE ISSUED BY THE PRIOR HOME STATE WILL BE  DEAC-
 TIVATED IN ACCORDANCE WITH APPLICABLE RULES ADOPTED BY THE COMMISSION.
   I. THE NURSE MAY APPLY FOR LICENSURE IN ADVANCE OF A CHANGE IN PRIMARY
 STATE OF RESIDENCE.
   II.  A  MULTISTATE  LICENSE  SHALL NOT BE ISSUED BY THE NEW HOME STATE
 UNTIL THE NURSE PROVIDES SATISFACTORY EVIDENCE OF A  CHANGE  IN  PRIMARY
 STATE  OF  RESIDENCE  TO THE NEW HOME STATE AND SATISFIES ALL APPLICABLE
 REQUIREMENTS TO OBTAIN A MULTISTATE LICENSE FROM THE NEW HOME STATE.
   D. IF A NURSE CHANGES PRIMARY STATE OF  RESIDENCE  BY  MOVING  FROM  A
 PARTY  STATE  TO A NON-PARTY STATE, THE MULTISTATE LICENSE ISSUED BY THE
 PRIOR HOME STATE WILL CONVERT TO A SINGLE-STATE LICENSE, VALID  ONLY  IN
 THE FORMER HOME STATE.
   § 8905. ADDITIONAL  AUTHORITIES  INVESTED  IN  PARTY  STATE  LICENSING
 BOARDS. 1. LICENSING BOARD AUTHORITY. IN ADDITION TO  THE  OTHER  POWERS
 CONFERRED BY STATE LAW, A LICENSING BOARD SHALL HAVE THE AUTHORITY TO:
   A.  TAKE  ADVERSE ACTION AGAINST A NURSE'S MULTISTATE LICENSURE PRIVI-
 LEGE TO PRACTICE WITHIN THAT PARTY STATE.
   I. ONLY THE HOME STATE SHALL HAVE THE POWER  TO  TAKE  ADVERSE  ACTION
 AGAINST A NURSE'S LICENSE ISSUED BY THE HOME STATE.
   II.  FOR  PURPOSES  OF TAKING ADVERSE ACTION, THE HOME STATE LICENSING
 BOARD SHALL GIVE THE  SAME  PRIORITY  AND  EFFECT  TO  REPORTED  CONDUCT
 RECEIVED  FROM  A  REMOTE STATE AS IT WOULD IF SUCH CONDUCT HAD OCCURRED
 WITHIN THE HOME STATE. IN SO DOING, THE HOME STATE SHALL APPLY  ITS  OWN
 STATE LAWS TO DETERMINE APPROPRIATE ACTION.
   B. ISSUE CEASE AND DESIST ORDERS OR IMPOSE AN ENCUMBRANCE ON A NURSE'S
 AUTHORITY TO PRACTICE WITHIN THAT PARTY STATE.
   C.  COMPLETE ANY PENDING INVESTIGATIONS OF A NURSE WHO CHANGES PRIMARY
 STATE OF RESIDENCE DURING THE COURSE OF SUCH INVESTIGATIONS. THE LICENS-
 ING BOARD SHALL ALSO HAVE THE AUTHORITY TO TAKE  APPROPRIATE  ACTION  OR
 ACTIONS AND SHALL PROMPTLY REPORT THE CONCLUSIONS OF SUCH INVESTIGATIONS
 TO  THE  ADMINISTRATOR  OF THE COORDINATED LICENSURE INFORMATION SYSTEM.
 THE ADMINISTRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM  SHALL
 PROMPTLY NOTIFY THE NEW HOME STATE OF ANY SUCH ACTIONS.
   D.  ISSUE  SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS THAT REQUIRE
 THE ATTENDANCE AND TESTIMONY OF WITNESSES, AS WELL AS THE PRODUCTION  OF
 EVIDENCE. SUBPOENAS ISSUED BY A LICENSING BOARD IN A PARTY STATE FOR THE
 ATTENDANCE AND TESTIMONY OF WITNESSES OR THE PRODUCTION OF EVIDENCE FROM
 ANOTHER  PARTY  STATE SHALL BE ENFORCED IN THE LATTER STATE BY ANY COURT
 OF COMPETENT JURISDICTION, ACCORDING TO THE PRACTICE  AND  PROCEDURE  OF
 THAT  COURT APPLICABLE TO SUBPOENAS ISSUED IN PROCEEDINGS PENDING BEFORE
 S. 8007--A                         23                         A. 9007--A
 
 IT.  THE ISSUING AUTHORITY SHALL PAY ANY WITNESS FEES, TRAVEL  EXPENSES,
 MILEAGE  AND OTHER FEES REQUIRED BY THE SERVICE STATUTES OF THE STATE IN
 WHICH THE WITNESSES OR EVIDENCE ARE LOCATED.
   E.  OBTAIN AND SUBMIT, FOR EACH NURSE LICENSURE APPLICANT, FINGERPRINT
 OR OTHER BIOMETRIC-BASED INFORMATION TO THE FEDERAL BUREAU  OF  INVESTI-
 GATION FOR CRIMINAL BACKGROUND CHECKS, RECEIVE THE RESULTS OF THE FEDER-
 AL  BUREAU  OF INVESTIGATION RECORD SEARCH ON CRIMINAL BACKGROUND CHECKS
 AND USE THE RESULTS IN MAKING LICENSURE DECISIONS.
   F. IF OTHERWISE PERMITTED BY STATE  LAW,  RECOVER  FROM  THE  AFFECTED
 NURSE  THE  COSTS  OF  INVESTIGATIONS AND DISPOSITION OF CASES RESULTING
 FROM ANY ADVERSE ACTION TAKEN AGAINST THAT NURSE.
   G. TAKE ADVERSE ACTION BASED ON THE FACTUAL  FINDINGS  OF  THE  REMOTE
 STATE,  PROVIDED THAT THE LICENSING BOARD FOLLOWS ITS OWN PROCEDURES FOR
 TAKING SUCH ADVERSE ACTION.
   2. ADVERSE ACTIONS. A. IF ADVERSE ACTION IS TAKEN BY  THE  HOME  STATE
 AGAINST  A  NURSE'S MULTISTATE LICENSE, THE NURSE'S MULTISTATE LICENSURE
 PRIVILEGE TO PRACTICE IN ALL OTHER PARTY  STATES  SHALL  BE  DEACTIVATED
 UNTIL  ALL  ENCUMBRANCES  HAVE BEEN REMOVED FROM THE MULTISTATE LICENSE.
 ALL HOME STATE DISCIPLINARY ORDERS THAT IMPOSE ADVERSE ACTION AGAINST  A
 NURSE'S  MULTISTATE  LICENSE  SHALL INCLUDE A STATEMENT THAT THE NURSE'S
 MULTISTATE LICENSURE PRIVILEGE IS DEACTIVATED IN ALL PARTY STATES DURING
 THE PENDENCY OF THE ORDER.
   B. NOTHING IN THIS COMPACT SHALL OVERRIDE  A  PARTY  STATE'S  DECISION
 THAT  PARTICIPATION  IN  AN  ALTERNATIVE  PROGRAM MAY BE USED IN LIEU OF
 ADVERSE ACTION. THE HOME STATE  LICENSING  BOARD  SHALL  DEACTIVATE  THE
 MULTISTATE LICENSURE PRIVILEGE UNDER THE MULTISTATE LICENSE OF ANY NURSE
 FOR THE DURATION OF THE NURSE'S PARTICIPATION IN AN ALTERNATIVE PROGRAM.
   § 8906. COORDINATED  LICENSURE  INFORMATION  SYSTEM  AND  EXCHANGE  OF
 INFORMATION. 1.  COORDINATED LICENSURE INFORMATION SYSTEM  AND  EXCHANGE
 OF  INFORMATION.  A. ALL PARTY STATES SHALL PARTICIPATE IN A COORDINATED
 LICENSURE INFORMATION SYSTEM OF ALL LICENSED REGISTERED NURSES (RNS) AND
 LICENSED  PRACTICAL/VOCATIONAL  NURSES  (LPNS/VNS).  THIS  SYSTEM   WILL
 INCLUDE  INFORMATION  ON  THE LICENSURE AND DISCIPLINARY HISTORY OF EACH
 NURSE, AS SUBMITTED BY PARTY STATES, TO ASSIST IN  THE  COORDINATION  OF
 NURSE LICENSURE AND ENFORCEMENT EFFORTS.
   B. THE COMMISSION, IN CONSULTATION WITH THE ADMINISTRATOR OF THE COOR-
 DINATED  LICENSURE  INFORMATION  SYSTEM,  SHALL  FORMULATE NECESSARY AND
 PROPER PROCEDURES FOR THE IDENTIFICATION,  COLLECTION  AND  EXCHANGE  OF
 INFORMATION UNDER THIS COMPACT.
   C.  ALL  LICENSING  BOARDS  SHALL  PROMPTLY  REPORT TO THE COORDINATED
 LICENSURE INFORMATION SYSTEM ANY ADVERSE ACTION, ANY CURRENT SIGNIFICANT
 INVESTIGATIVE INFORMATION, DENIALS OF APPLICATIONS WITH THE REASONS  FOR
 SUCH  DENIALS  AND  NURSE PARTICIPATION IN ALTERNATIVE PROGRAMS KNOWN TO
 THE LICENSING BOARD REGARDLESS OF WHETHER SUCH PARTICIPATION  IS  DEEMED
 NONPUBLIC OR CONFIDENTIAL UNDER STATE LAW.
   D.  CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION AND PARTICIPATION IN
 NONPUBLIC OR CONFIDENTIAL  ALTERNATIVE  PROGRAMS  SHALL  BE  TRANSMITTED
 THROUGH THE COORDINATED LICENSURE INFORMATION SYSTEM ONLY TO PARTY STATE
 LICENSING BOARDS.
   E. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL PARTY STATE LICENS-
 ING  BOARDS CONTRIBUTING INFORMATION TO THE COORDINATED LICENSURE INFOR-
 MATION SYSTEM MAY DESIGNATE INFORMATION THAT  MAY  NOT  BE  SHARED  WITH
 NON-PARTY  STATES  OR DISCLOSED TO OTHER ENTITIES OR INDIVIDUALS WITHOUT
 THE EXPRESS PERMISSION OF THE CONTRIBUTING STATE.
   F. ANY PERSONALLY IDENTIFIABLE INFORMATION OBTAINED FROM  THE  COORDI-
 NATED  LICENSURE  INFORMATION  SYSTEM  BY  A PARTY STATE LICENSING BOARD
 S. 8007--A                         24                         A. 9007--A
 
 SHALL NOT BE SHARED WITH NON-PARTY STATES OR DISCLOSED TO OTHER ENTITIES
 OR INDIVIDUALS EXCEPT TO THE EXTENT PERMITTED BY THE LAWS OF  THE  PARTY
 STATE CONTRIBUTING THE INFORMATION.
   G.  ANY  INFORMATION CONTRIBUTED TO THE COORDINATED LICENSURE INFORMA-
 TION SYSTEM THAT IS SUBSEQUENTLY REQUIRED TO BE EXPUNGED BY THE LAWS  OF
 THE  PARTY  STATE  CONTRIBUTING  THAT INFORMATION SHALL ALSO BE EXPUNGED
 FROM THE COORDINATED LICENSURE INFORMATION SYSTEM.
   H. THE COMPACT ADMINISTRATOR OF  EACH  PARTY  STATE  SHALL  FURNISH  A
 UNIFORM DATA SET TO THE COMPACT ADMINISTRATOR OF EACH OTHER PARTY STATE,
 WHICH SHALL INCLUDE, AT A MINIMUM:
   I. IDENTIFYING INFORMATION;
   II. LICENSURE DATA;
   III. INFORMATION RELATED TO ALTERNATIVE PROGRAM PARTICIPATION; AND
   IV.  OTHER  INFORMATION THAT MAY FACILITATE THE ADMINISTRATION OF THIS
 COMPACT, AS DETERMINED BY COMMISSION RULES.
   I. THE COMPACT ADMINISTRATOR OF A PARTY STATE SHALL PROVIDE ALL INVES-
 TIGATIVE DOCUMENTS AND INFORMATION REQUESTED BY ANOTHER PARTY STATE.
   § 8907. ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE  LICENSURE
 COMPACT ADMINISTRATORS.  1. COMMISSION OF NURSE LICENSURE COMPACT ADMIN-
 ISTRATORS.  THE  PARTY STATES HEREBY CREATE AND ESTABLISH A JOINT PUBLIC
 ENTITY KNOWN AS THE INTERSTATE COMMISSION  OF  NURSE  LICENSURE  COMPACT
 ADMINISTRATORS.  THE  COMMISSION  IS  AN  INSTRUMENTALITY  OF  THE PARTY
 STATES.
   2. VENUE. VENUE IS PROPER, AND JUDICIAL PROCEEDINGS BY OR AGAINST  THE
 COMMISSION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY, IN A COURT OF COMPE-
 TENT  JURISDICTION  WHERE  THE  PRINCIPAL  OFFICE  OF  THE COMMISSION IS
 LOCATED. THE COMMISSION MAY WAIVE VENUE AND JURISDICTIONAL  DEFENSES  TO
 THE  EXTENT  IT ADOPTS OR CONSENTS TO PARTICIPATE IN ALTERNATIVE DISPUTE
 RESOLUTION PROCEEDINGS.
   3. SOVEREIGN IMMUNITY. NOTHING IN THIS COMPACT SHALL BE  CONSTRUED  TO
 BE A WAIVER OF SOVEREIGN IMMUNITY.
   4. MEMBERSHIP, VOTING AND MEETINGS. A. EACH PARTY STATE SHALL HAVE AND
 BE  LIMITED  TO ONE ADMINISTRATOR. THE HEAD OF THE STATE LICENSING BOARD
 OR DESIGNEE SHALL BE THE ADMINISTRATOR OF THIS COMPACT  FOR  EACH  PARTY
 STATE.    ANY  ADMINISTRATOR  MAY BE REMOVED OR SUSPENDED FROM OFFICE AS
 PROVIDED BY THE LAW  OF  THE  STATE  FROM  WHICH  THE  ADMINISTRATOR  IS
 APPOINTED.  ANY  VACANCY  OCCURRING IN THE COMMISSION SHALL BE FILLED IN
 ACCORDANCE WITH THE LAWS OF THE PARTY STATE IN WHICH THE VACANCY EXISTS.
   B. EACH ADMINISTRATOR SHALL BE ENTITLED TO ONE VOTE WITH REGARD TO THE
 PROMULGATION OF RULES AND CREATION OF BYLAWS AND SHALL OTHERWISE HAVE AN
 OPPORTUNITY TO PARTICIPATE IN THE BUSINESS AND AFFAIRS  OF  THE  COMMIS-
 SION.    AN ADMINISTRATOR SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS AS
 PROVIDED IN THE BYLAWS. THE BYLAWS MAY PROVIDE  FOR  AN  ADMINISTRATOR'S
 PARTICIPATION IN MEETINGS BY TELEPHONE OR OTHER MEANS OF COMMUNICATION.
   C.  THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALENDAR YEAR.
 ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN THE BYLAWS OR RULES OF
 THE COMMISSION.
   D. ALL MEETINGS SHALL BE OPEN TO THE  PUBLIC,  AND  PUBLIC  NOTICE  OF
 MEETINGS  SHALL  BE GIVEN IN THE SAME MANNER AS REQUIRED UNDER THE RULE-
 MAKING PROVISIONS IN SECTION EIGHTY-NINE HUNDRED THREE OF THIS ARTICLE.
   5. CLOSED MEETINGS. A. THE COMMISSION MAY CONVENE IN A CLOSED, NONPUB-
 LIC MEETING IF THE COMMISSION SHALL DISCUSS:
   I. NONCOMPLIANCE OF A PARTY STATE  WITH  ITS  OBLIGATIONS  UNDER  THIS
 COMPACT;
   II.  THE  EMPLOYMENT,  COMPENSATION,  DISCIPLINE  OR  OTHER  PERSONNEL
 MATTERS, PRACTICES OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES OR  OTHER
 S. 8007--A                         25                         A. 9007--A
 
 MATTERS  RELATED  TO  THE  COMMISSION'S INTERNAL PERSONNEL PRACTICES AND
 PROCEDURES;
   III. CURRENT, THREATENED OR REASONABLY ANTICIPATED LITIGATION;
   IV.  NEGOTIATION  OF  CONTRACTS  FOR  THE  PURCHASE  OR SALE OF GOODS,
 SERVICES OR REAL ESTATE;
   V. ACCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING ANY PERSON;
   VI. DISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL INFORMATION
 THAT IS PRIVILEGED OR CONFIDENTIAL;
   VII. DISCLOSURE OF INFORMATION OF A PERSONAL NATURE  WHERE  DISCLOSURE
 WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
   VIII. DISCLOSURE OF INVESTIGATORY RECORDS COMPILED FOR LAW ENFORCEMENT
 PURPOSES;
   IX. DISCLOSURE OF INFORMATION RELATED TO ANY REPORTS PREPARED BY OR ON
 BEHALF  OF THE COMMISSION FOR THE PURPOSE OF INVESTIGATION OF COMPLIANCE
 WITH THIS COMPACT; OR
   X. MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL  OR  STATE
 STATUTE.
   B.  IF  A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT TO THIS
 PARAGRAPH THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE SHALL CERTIFY  THAT
 THE  MEETING  MAY  BE CLOSED AND SHALL REFERENCE EACH RELEVANT EXEMPTING
 PROVISION. THE COMMISSION SHALL KEEP  MINUTES  THAT  FULLY  AND  CLEARLY
 DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND
 ACCURATE SUMMARY OF ACTIONS TAKEN, AND THE REASONS THEREFOR, INCLUDING A
 DESCRIPTION   OF  THE  VIEWS  EXPRESSED.  ALL  DOCUMENTS  CONSIDERED  IN
 CONNECTION WITH AN ACTION SHALL  BE  IDENTIFIED  IN  SUCH  MINUTES.  ALL
 MINUTES  AND  DOCUMENTS  OF  A  CLOSED  MEETING SHALL REMAIN UNDER SEAL,
 SUBJECT TO RELEASE BY A MAJORITY VOTE OF THE COMMISSION OR  ORDER  OF  A
 COURT OF COMPETENT JURISDICTION.
   C.  THE  COMMISSION  SHALL,  BY A MAJORITY VOTE OF THE ADMINISTRATORS,
 PRESCRIBE BYLAWS OR RULES TO GOVERN ITS CONDUCT AS MAY BE  NECESSARY  OR
 APPROPRIATE  TO  CARRY  OUT THE PURPOSES AND EXERCISE THE POWERS OF THIS
 COMPACT, INCLUDING BUT NOT LIMITED TO:
   I. ESTABLISHING THE FISCAL YEAR OF THE COMMISSION;
   II. PROVIDING REASONABLE STANDARDS AND PROCEDURES:
   (1) FOR THE ESTABLISHMENT AND MEETINGS OF OTHER COMMITTEES; AND
   (2) GOVERNING ANY GENERAL OR SPECIFIC DELEGATION OF ANY  AUTHORITY  OR
 FUNCTION OF THE COMMISSION;
   III.  PROVIDING REASONABLE PROCEDURES FOR CALLING AND CONDUCTING MEET-
 INGS OF THE COMMISSION, ENSURING REASONABLE ADVANCE NOTICE OF ALL  MEET-
 INGS  AND  PROVIDING  AN  OPPORTUNITY FOR ATTENDANCE OF SUCH MEETINGS BY
 INTERESTED PARTIES, WITH ENUMERATED EXCEPTIONS DESIGNED TO  PROTECT  THE
 PUBLIC'S  INTEREST, THE PRIVACY OF INDIVIDUALS, AND PROPRIETARY INFORMA-
 TION, INCLUDING TRADE SECRETS. THE COMMISSION MAY MEET IN CLOSED SESSION
 ONLY AFTER A MAJORITY OF THE ADMINISTRATORS VOTE TO CLOSE A  MEETING  IN
 WHOLE  OR  IN  PART.  AS  SOON  AS PRACTICABLE, THE COMMISSION MUST MAKE
 PUBLIC A COPY OF THE VOTE TO CLOSE THE MEETING  REVEALING  THE  VOTE  OF
 EACH ADMINISTRATOR, WITH NO PROXY VOTES ALLOWED;
   IV.  ESTABLISHING  THE  TITLES,  DUTIES  AND  AUTHORITY AND REASONABLE
 PROCEDURES FOR THE ELECTION OF THE OFFICERS OF THE COMMISSION;
   V. PROVIDING REASONABLE STANDARDS AND PROCEDURES FOR THE ESTABLISHMENT
 OF THE PERSONNEL POLICIES AND PROGRAMS OF THE COMMISSION.  NOTWITHSTAND-
 ING  ANY  CIVIL  SERVICE  OR  OTHER SIMILAR LAWS OF ANY PARTY STATE, THE
 BYLAWS SHALL EXCLUSIVELY GOVERN THE PERSONNEL POLICIES AND  PROGRAMS  OF
 THE COMMISSION; AND
   VI. PROVIDING A MECHANISM FOR WINDING UP THE OPERATIONS OF THE COMMIS-
 SION  AND  THE EQUITABLE DISPOSITION OF ANY SURPLUS FUNDS THAT MAY EXIST
 S. 8007--A                         26                         A. 9007--A
 
 AFTER THE TERMINATION OF THIS COMPACT AFTER THE PAYMENT OR RESERVING  OF
 ALL OF ITS DEBTS AND OBLIGATIONS.
   6.  GENERAL PROVISIONS. A. THE COMMISSION SHALL PUBLISH ITS BYLAWS AND
 RULES, AND ANY AMENDMENTS THERETO, IN A CONVENIENT FORM ON  THE  WEBSITE
 OF THE COMMISSION.
   B.  THE  COMMISSION SHALL MAINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE
 WITH THE BYLAWS.
   C. THE COMMISSION SHALL MEET AND TAKE SUCH ACTIONS AS  ARE  CONSISTENT
 WITH THE PROVISIONS OF THIS COMPACT AND THE BYLAWS.
    7.  POWERS OF THE COMMISSION. THE COMMISSION SHALL HAVE THE FOLLOWING
 POWERS:
   A. TO PROMULGATE UNIFORM RULES TO FACILITATE AND COORDINATE  IMPLEMEN-
 TATION  AND  ADMINISTRATION  OF  THIS  COMPACT. THE RULES SHALL HAVE THE
 FORCE AND EFFECT OF LAW AND SHALL BE BINDING IN ALL PARTY STATES;
   B. TO BRING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE NAME  OF
 THE COMMISSION, PROVIDED THAT THE STANDING OF ANY LICENSING BOARD TO SUE
 OR BE SUED UNDER APPLICABLE LAW SHALL NOT BE AFFECTED;
   C. TO PURCHASE AND MAINTAIN INSURANCE AND BONDS;
   D. TO BORROW, ACCEPT OR CONTRACT FOR SERVICES OF PERSONNEL, INCLUDING,
 BUT  NOT  LIMITED  TO, EMPLOYEES OF A PARTY STATE OR NONPROFIT ORGANIZA-
 TIONS;
   E.  TO  COOPERATE  WITH  OTHER  ORGANIZATIONS  THAT  ADMINISTER  STATE
 COMPACTS RELATED TO THE REGULATION OF NURSING, INCLUDING BUT NOT LIMITED
 TO  SHARING  ADMINISTRATIVE  OR  STAFF  EXPENSES,  OFFICE SPACE OR OTHER
 RESOURCES;
   F. TO HIRE EMPLOYEES, ELECT OR  APPOINT  OFFICERS,  FIX  COMPENSATION,
 DEFINE DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE AUTHORITY TO CARRY OUT
 THE  PURPOSES OF THIS COMPACT, AND TO ESTABLISH THE COMMISSION'S PERSON-
 NEL POLICIES AND PROGRAMS RELATING TO CONFLICTS OF INTEREST,  QUALIFICA-
 TIONS OF PERSONNEL AND OTHER RELATED PERSONNEL MATTERS;
   G.  TO  ACCEPT  ANY AND ALL APPROPRIATE DONATIONS, GRANTS AND GIFTS OF
 MONEY, EQUIPMENT, SUPPLIES, MATERIALS  AND  SERVICES,  AND  TO  RECEIVE,
 UTILIZE  AND DISPOSE OF THE SAME; PROVIDED THAT AT ALL TIMES THE COMMIS-
 SION SHALL AVOID ANY APPEARANCE OF IMPROPRIETY OR CONFLICT OF INTEREST;
   H. TO LEASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR  DONATIONS  OF,  OR
 OTHERWISE  TO  OWN,  HOLD,  IMPROVE  OR USE, ANY PROPERTY, WHETHER REAL,
 PERSONAL OR MIXED; PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL AVOID
 ANY APPEARANCE OF IMPROPRIETY;
   I. TO SELL, CONVEY, MORTGAGE,  PLEDGE,  LEASE,  EXCHANGE,  ABANDON  OR
 OTHERWISE DISPOSE OF ANY PROPERTY, WHETHER REAL, PERSONAL OR MIXED;
   J. TO ESTABLISH A BUDGET AND MAKE EXPENDITURES;
   K. TO BORROW MONEY;
   L.  TO  APPOINT COMMITTEES, INCLUDING ADVISORY COMMITTEES COMPRISED OF
 ADMINISTRATORS, STATE NURSING REGULATORS,  STATE  LEGISLATORS  OR  THEIR
 REPRESENTATIVES, AND CONSUMER REPRESENTATIVES, AND OTHER SUCH INTERESTED
 PERSONS;
   M. TO PROVIDE AND RECEIVE INFORMATION FROM, AND TO COOPERATE WITH, LAW
 ENFORCEMENT AGENCIES;
   N. TO ADOPT AND USE AN OFFICIAL SEAL; AND
   O.  TO PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE
 TO ACHIEVE THE PURPOSES OF THIS COMPACT CONSISTENT WITH THE STATE  REGU-
 LATION OF NURSE LICENSURE AND PRACTICE.
   8.  FINANCING  OF  THE  COMMISSION.  A.  THE  COMMISSION SHALL PAY, OR
 PROVIDE FOR THE PAYMENT OF, THE REASONABLE EXPENSES  OF  ITS  ESTABLISH-
 MENT, ORGANIZATION AND ONGOING ACTIVITIES.
 S. 8007--A                         27                         A. 9007--A
 
   B.  THE  COMMISSION  MAY ALSO LEVY ON AND COLLECT AN ANNUAL ASSESSMENT
 FROM EACH PARTY STATE TO COVER THE COST OF  ITS  OPERATIONS,  ACTIVITIES
 AND  STAFF  IN  ITS  ANNUAL  BUDGET AS APPROVED EACH YEAR. THE AGGREGATE
 ANNUAL ASSESSMENT AMOUNT, IF ANY, SHALL BE ALLOCATED BASED UPON A FORMU-
 LA  TO  BE  DETERMINED  BY THE COMMISSION, WHICH SHALL PROMULGATE A RULE
 THAT IS BINDING UPON ALL PARTY STATES.
   C. THE COMMISSION SHALL NOT INCUR OBLIGATIONS OF  ANY  KIND  PRIOR  TO
 SECURING  THE  FUNDS ADEQUATE TO MEET THE SAME; NOR SHALL THE COMMISSION
 PLEDGE THE CREDIT OF ANY OF THE PARTY STATES, EXCEPT BY,  AND  WITH  THE
 AUTHORITY OF, SUCH PARTY STATE.
   D.  THE  COMMISSION  SHALL  KEEP ACCURATE ACCOUNTS OF ALL RECEIPTS AND
 DISBURSEMENTS. THE RECEIPTS AND DISBURSEMENTS OF THE COMMISSION SHALL BE
 SUBJECT TO THE AUDIT AND ACCOUNTING  PROCEDURES  ESTABLISHED  UNDER  ITS
 BYLAWS.  HOWEVER, ALL RECEIPTS AND DISBURSEMENTS OF FUNDS HANDLED BY THE
 COMMISSION SHALL BE AUDITED YEARLY BY A  CERTIFIED  OR  LICENSED  PUBLIC
 ACCOUNTANT,  AND THE REPORT OF THE AUDIT SHALL BE INCLUDED IN AND BECOME
 PART OF THE ANNUAL REPORT OF THE COMMISSION.
   9. QUALIFIED IMMUNITY, DEFENSE AND INDEMNIFICATION. A. THE ADMINISTRA-
 TORS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES AND REPRESENTATIVES OF THE
 COMMISSION SHALL BE IMMUNE FROM SUIT AND LIABILITY, EITHER PERSONALLY OR
 IN THEIR OFFICIAL CAPACITY, FOR ANY CLAIM FOR DAMAGE TO OR LOSS OF PROP-
 ERTY OR PERSONAL INJURY OR OTHER CIVIL LIABILITY CAUSED  BY  OR  ARISING
 OUT  OF  ANY  ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT OCCURRED, OR
 THAT THE PERSON AGAINST WHOM THE CLAIM IS MADE HAD  A  REASONABLE  BASIS
 FOR BELIEVING OCCURRED, WITHIN THE SCOPE OF THE COMMISSION'S EMPLOYMENT,
 DUTIES  OR  RESPONSIBILITIES;  PROVIDED  THAT  NOTHING IN THIS PARAGRAPH
 SHALL BE CONSTRUED TO PROTECT ANY SUCH PERSON FROM SUIT OR LIABILITY FOR
 ANY DAMAGE, LOSS, INJURY OR LIABILITY CAUSED BY THE INTENTIONAL, WILLFUL
 OR WANTON MISCONDUCT OF THAT PERSON.
   B. THE COMMISSION SHALL DEFEND ANY ADMINISTRATOR,  OFFICER,  EXECUTIVE
 DIRECTOR,  EMPLOYEE  OR  REPRESENTATIVE  OF  THE COMMISSION IN ANY CIVIL
 ACTION SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY ACTUAL OR  ALLEGED
 ACT,  ERROR  OR  OMISSION  THAT OCCURRED WITHIN THE SCOPE OF THE COMMIS-
 SION'S EMPLOYMENT,  DUTIES  OR  RESPONSIBILITIES,  OR  THAT  THE  PERSON
 AGAINST  WHOM  THE  CLAIM  IS  MADE HAD A REASONABLE BASIS FOR BELIEVING
 OCCURRED WITHIN THE SCOPE OF  THE  COMMISSION'S  EMPLOYMENT,  DUTIES  OR
 RESPONSIBILITIES;  PROVIDED  THAT  NOTHING  HEREIN SHALL BE CONSTRUED TO
 PROHIBIT THAT PERSON FROM RETAINING HIS OR HER OWN COUNSEL; AND PROVIDED
 FURTHER THAT THE ACTUAL OR ALLEGED ACT, ERROR OR OMISSION DID NOT RESULT
 FROM THAT PERSON'S INTENTIONAL, WILLFUL OR WANTON MISCONDUCT.
   C. THE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY ADMINISTRATOR,
 OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE OR REPRESENTATIVE OF  THE  COMMIS-
 SION  FOR THE AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED AGAINST THAT
 PERSON ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION  THAT
 OCCURRED  WITHIN  THE  SCOPE  OF  THE COMMISSION'S EMPLOYMENT, DUTIES OR
 RESPONSIBILITIES, OR THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEV-
 ING OCCURRED WITHIN THE SCOPE OF THE COMMISSION'S EMPLOYMENT, DUTIES  OR
 RESPONSIBILITIES,  PROVIDED  THAT  THE  ACTUAL  OR ALLEGED ACT, ERROR OR
 OMISSION DID NOT RESULT FROM THE INTENTIONAL, WILLFUL OR WANTON  MISCON-
 DUCT OF THAT PERSON.
   § 8908. RULEMAKING. 1.  RULEMAKING.  A.  THE COMMISSION SHALL EXERCISE
 ITS RULEMAKING POWERS PURSUANT TO THE CRITERIA SET FORTH IN THIS ARTICLE
 AND THE RULES ADOPTED THEREUNDER.  RULES  AND  AMENDMENTS  SHALL  BECOME
 BINDING  AS  OF  THE  DATE SPECIFIED IN EACH RULE OR AMENDMENT AND SHALL
 HAVE THE SAME FORCE AND EFFECT AS PROVISIONS OF THIS COMPACT.
 S. 8007--A                         28                         A. 9007--A
 
   B. RULES OR AMENDMENTS TO THE RULES SHALL BE ADOPTED AT A  REGULAR  OR
 SPECIAL MEETING OF THE COMMISSION.
   2.  NOTICE.  A.  PRIOR TO PROMULGATION AND ADOPTION OF A FINAL RULE OR
 RULES BY THE COMMISSION, AND AT LEAST SIXTY DAYS IN ADVANCE OF THE MEET-
 ING AT WHICH THE RULE WILL BE CONSIDERED AND VOTED UPON, THE  COMMISSION
 SHALL FILE A NOTICE OF PROPOSED RULEMAKING:
   I. ON THE WEBSITE OF THE COMMISSION; AND
   II. ON THE WEBSITE OF EACH LICENSING BOARD OR THE PUBLICATION IN WHICH
 EACH STATE WOULD OTHERWISE PUBLISH PROPOSED RULES.
   B. THE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE:
   I.  THE  PROPOSED  TIME, DATE AND LOCATION OF THE MEETING IN WHICH THE
 RULE WILL BE CONSIDERED AND VOTED UPON;
   II. THE TEXT OF THE PROPOSED RULE OR AMENDMENT, AND THE REASON FOR THE
 PROPOSED RULE;
   III. A REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM  ANY  INTERESTED
 PERSON; AND
   IV.  THE  MANNER  IN WHICH INTERESTED PERSONS MAY SUBMIT NOTICE TO THE
 COMMISSION OF THEIR INTENTION TO ATTEND THE PUBLIC HEARING AND ANY WRIT-
 TEN COMMENTS.
   C. PRIOR TO ADOPTION OF A PROPOSED RULE, THE  COMMISSION  SHALL  ALLOW
 PERSONS  TO  SUBMIT  WRITTEN  DATA, FACTS, OPINIONS AND ARGUMENTS, WHICH
 SHALL BE MADE AVAILABLE TO THE PUBLIC.
   3. PUBLIC HEARINGS ON RULES. A. THE COMMISSION SHALL GRANT AN OPPORTU-
 NITY FOR A PUBLIC HEARING BEFORE IT ADOPTS A RULE OR AMENDMENT.
   B. THE COMMISSION SHALL PUBLISH THE PLACE, TIME AND DATE OF THE SCHED-
 ULED PUBLIC HEARING.
   I. HEARINGS SHALL BE CONDUCTED IN A MANNER PROVIDING EACH  PERSON  WHO
 WISHES TO COMMENT A FAIR AND REASONABLE OPPORTUNITY TO COMMENT ORALLY OR
 IN  WRITING.  ALL  HEARINGS  WILL  BE  RECORDED, AND A COPY WILL BE MADE
 AVAILABLE UPON REQUEST.
   II. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING A SEPARATE
 HEARING ON EACH RULE. RULES MAY BE GROUPED FOR THE  CONVENIENCE  OF  THE
 COMMISSION AT HEARINGS REQUIRED BY THIS SECTION.
   C. IF NO ONE APPEARS AT THE PUBLIC HEARING, THE COMMISSION MAY PROCEED
 WITH PROMULGATION OF THE PROPOSED RULE.
   D.  FOLLOWING  THE SCHEDULED HEARING DATE, OR BY THE CLOSE OF BUSINESS
 ON THE SCHEDULED HEARING DATE IF THE HEARING WAS NOT HELD,  THE  COMMIS-
 SION SHALL CONSIDER ALL WRITTEN AND ORAL COMMENTS RECEIVED.
   4.  VOTING  ON  RULES.  THE  COMMISSION SHALL, BY MAJORITY VOTE OF ALL
 ADMINISTRATORS, TAKE FINAL ACTION ON THE PROPOSED RULE AND SHALL  DETER-
 MINE  THE  EFFECTIVE  DATE  OF THE RULE, IF ANY, BASED ON THE RULEMAKING
 RECORD AND THE FULL TEXT OF THE RULE.
   5. EMERGENCY RULES. UPON DETERMINATION THAT AN EMERGENCY  EXISTS,  THE
 COMMISSION  MAY  CONSIDER  AND  ADOPT  AN  EMERGENCY  RULE WITHOUT PRIOR
 NOTICE, OPPORTUNITY FOR COMMENT OR  HEARING,  PROVIDED  THAT  THE  USUAL
 RULEMAKING PROCEDURES PROVIDED IN THIS COMPACT AND IN THIS SECTION SHALL
 BE  RETROACTIVELY APPLIED TO THE RULE AS SOON AS REASONABLY POSSIBLE, IN
 NO EVENT LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE  OF  THE  RULE.
 FOR  THE  PURPOSES OF THIS PROVISION, AN EMERGENCY RULE IS ONE THAT MUST
 BE ADOPTED IMMEDIATELY IN ORDER TO:
   A. MEET AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY OR WELFARE;
   B. PREVENT A LOSS OF THE COMMISSION OR PARTY STATE FUNDS; OR
   C. MEET A DEADLINE FOR THE PROMULGATION OF AN ADMINISTRATIVE RULE THAT
 IS REQUIRED BY FEDERAL LAW OR RULE.
   6. REVISIONS. THE COMMISSION MAY  DIRECT  REVISIONS  TO  A  PREVIOUSLY
 ADOPTED  RULE  OR  AMENDMENT  FOR  PURPOSES  OF CORRECTING TYPOGRAPHICAL
 S. 8007--A                         29                         A. 9007--A
 
 ERRORS, ERRORS IN FORMAT, ERRORS IN CONSISTENCY OR  GRAMMATICAL  ERRORS.
 PUBLIC  NOTICE  OF  ANY  REVISIONS SHALL BE POSTED ON THE WEBSITE OF THE
 COMMISSION. THE REVISION SHALL BE SUBJECT TO CHALLENGE BY ANY PERSON FOR
 A  PERIOD  OF  THIRTY DAYS AFTER POSTING. THE REVISION MAY BE CHALLENGED
 ONLY ON GROUNDS THAT THE REVISION RESULTS IN  A  MATERIAL  CHANGE  TO  A
 RULE.    A  CHALLENGE  SHALL  BE  MADE  IN WRITING, AND DELIVERED TO THE
 COMMISSION, PRIOR TO THE END OF THE NOTICE PERIOD. IF  NO  CHALLENGE  IS
 MADE,  THE  REVISION  WILL  TAKE  EFFECT  WITHOUT FURTHER ACTION. IF THE
 REVISION IS CHALLENGED, THE REVISION MAY NOT  TAKE  EFFECT  WITHOUT  THE
 APPROVAL OF THE COMMISSION.
   § 8909. OVERSIGHT,  DISPUTE  RESOLUTION AND ENFORCEMENT. 1. OVERSIGHT.
 A. EACH PARTY STATE SHALL ENFORCE THIS  COMPACT  AND  TAKE  ALL  ACTIONS
 NECESSARY  AND  APPROPRIATE  TO  EFFECTUATE  THIS COMPACT'S PURPOSES AND
 INTENT.
   B. THE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF  PROCESS  IN
 ANY  PROCEEDING  THAT MAY AFFECT THE POWERS, RESPONSIBILITIES OR ACTIONS
 OF THE COMMISSION, AND SHALL  HAVE  STANDING  TO  INTERVENE  IN  SUCH  A
 PROCEEDING  FOR  ALL  PURPOSES. FAILURE TO PROVIDE SERVICE OF PROCESS IN
 SUCH PROCEEDING TO THE COMMISSION SHALL RENDER A JUDGMENT OR ORDER  VOID
 AS TO THE COMMISSION, THIS COMPACT OR PROMULGATED RULES.
   2. DEFAULT, TECHNICAL ASSISTANCE AND TERMINATION. A. IF THE COMMISSION
 DETERMINES  THAT  A  PARTY STATE HAS DEFAULTED IN THE PERFORMANCE OF ITS
 OBLIGATIONS OR RESPONSIBILITIES UNDER THIS COMPACT  OR  THE  PROMULGATED
 RULES, THE COMMISSION SHALL:
   I.  PROVIDE  WRITTEN  NOTICE  TO  THE DEFAULTING STATE AND OTHER PARTY
 STATES OF THE NATURE OF THE DEFAULT, THE PROPOSED MEANS  OF  CURING  THE
 DEFAULT OR ANY OTHER ACTION TO BE TAKEN BY THE COMMISSION; AND
   II.  PROVIDE  REMEDIAL  TRAINING  AND  SPECIFIC  TECHNICAL  ASSISTANCE
 REGARDING THE DEFAULT.
   B. IF A STATE IN DEFAULT FAILS TO CURE  THE  DEFAULT,  THE  DEFAULTING
 STATE'S MEMBERSHIP IN THIS COMPACT MAY BE TERMINATED UPON AN AFFIRMATIVE
 VOTE OF A MAJORITY OF THE ADMINISTRATORS, AND ALL RIGHTS, PRIVILEGES AND
 BENEFITS  CONFERRED  BY  THIS COMPACT MAY BE TERMINATED ON THE EFFECTIVE
 DATE OF TERMINATION. A CURE OF THE DEFAULT DOES NOT RELIEVE THE  OFFEND-
 ING  STATE  OF  OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF
 DEFAULT.
   C. TERMINATION OF MEMBERSHIP IN THIS COMPACT  SHALL  BE  IMPOSED  ONLY
 AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE BEEN EXHAUSTED. NOTICE
 OF  INTENT  TO  SUSPEND OR TERMINATE SHALL BE GIVEN BY THE COMMISSION TO
 THE GOVERNOR OF THE DEFAULTING STATE AND TO THE EXECUTIVE OFFICER OF THE
 DEFAULTING STATE'S LICENSING BOARD AND EACH OF THE PARTY STATES.
   D. A STATE WHOSE MEMBERSHIP IN THIS COMPACT  HAS  BEEN  TERMINATED  IS
 RESPONSIBLE  FOR  ALL  ASSESSMENTS, OBLIGATIONS AND LIABILITIES INCURRED
 THROUGH THE EFFECTIVE DATE OF TERMINATION,  INCLUDING  OBLIGATIONS  THAT
 EXTEND BEYOND THE EFFECTIVE DATE OF TERMINATION.
   E.  THE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO A STATE THAT IS
 FOUND TO BE IN DEFAULT OR WHOSE MEMBERSHIP  IN  THIS  COMPACT  HAS  BEEN
 TERMINATED  UNLESS AGREED UPON IN WRITING BETWEEN THE COMMISSION AND THE
 DEFAULTING STATE.
   F. THE DEFAULTING STATE MAY APPEAL THE ACTION  OF  THE  COMMISSION  BY
 PETITIONING  THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE
 FEDERAL DISTRICT IN WHICH THE COMMISSION HAS ITS PRINCIPAL OFFICES.  THE
 PREVAILING  PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION, INCLUD-
 ING REASONABLE ATTORNEYS' FEES.
 S. 8007--A                         30                         A. 9007--A
 
   3. DISPUTE RESOLUTION. A. UPON REQUEST BY A PARTY STATE,  THE  COMMIS-
 SION SHALL ATTEMPT TO RESOLVE DISPUTES RELATED TO THE COMPACT THAT ARISE
 AMONG PARTY STATES AND BETWEEN PARTY AND NON-PARTY STATES.
   B. THE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR BOTH MEDIATION
 AND BINDING DISPUTE RESOLUTION FOR DISPUTES, AS APPROPRIATE.
   C.  IN  THE  EVENT  THE COMMISSION CANNOT RESOLVE DISPUTES AMONG PARTY
 STATES ARISING UNDER THIS COMPACT:
   I. THE PARTY STATES MAY SUBMIT THE ISSUES IN DISPUTE TO AN ARBITRATION
 PANEL, WHICH WILL BE COMPRISED OF INDIVIDUALS APPOINTED BY  THE  COMPACT
 ADMINISTRATOR  IN  EACH  OF THE AFFECTED PARTY STATES, AND AN INDIVIDUAL
 MUTUALLY AGREED UPON BY THE COMPACT  ADMINISTRATORS  OF  ALL  THE  PARTY
 STATES INVOLVED IN THE DISPUTE.
   II.  THE  DECISION OF A MAJORITY OF THE ARBITRATORS SHALL BE FINAL AND
 BINDING.
   4. ENFORCEMENT. A. THE COMMISSION, IN THE REASONABLE EXERCISE  OF  ITS
 DISCRETION, SHALL ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT.
   B.  BY  MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL ACTION IN THE
 U.S.   DISTRICT COURT FOR  THE  DISTRICT  OF  COLUMBIA  OR  THE  FEDERAL
 DISTRICT  IN  WHICH  THE  COMMISSION HAS ITS PRINCIPAL OFFICES AGAINST A
 PARTY STATE THAT IS IN DEFAULT TO ENFORCE COMPLIANCE WITH THE PROVISIONS
 OF THIS COMPACT AND ITS PROMULGATED RULES AND BYLAWS. THE RELIEF  SOUGHT
 MAY  INCLUDE  BOTH  INJUNCTIVE RELIEF AND DAMAGES. IN THE EVENT JUDICIAL
 ENFORCEMENT IS NECESSARY, THE PREVAILING  PARTY  SHALL  BE  AWARDED  ALL
 COSTS OF SUCH LITIGATION, INCLUDING REASONABLE ATTORNEYS' FEES.
   C.  THE  REMEDIES  HEREIN  SHALL  NOT BE THE EXCLUSIVE REMEDIES OF THE
 COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES AVAILABLE UNDER
 FEDERAL OR STATE LAW.
   § 8910. EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT. 1.  EFFECTIVE  DATE.
 A.    THIS  COMPACT SHALL BECOME EFFECTIVE AND BINDING ON THE EARLIER OF
 THE DATE OF LEGISLATIVE ENACTMENT OF THIS COMPACT INTO LAW  BY  NO  LESS
 THAN  TWENTY-SIX STATES OR THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
 OF TWO THOUSAND TWENTY-TWO THAT ENACTED THIS COMPACT.   THEREAFTER,  THE
 COMPACT  SHALL  BECOME  EFFECTIVE AND BINDING AS TO ANY OTHER COMPACTING
 STATE UPON ENACTMENT OF THE COMPACT INTO LAW BY THAT  STATE.  ALL  PARTY
 STATES TO THIS COMPACT, THAT ALSO WERE PARTIES TO THE PRIOR NURSE LICEN-
 SURE  COMPACT, SUPERSEDED BY THIS COMPACT, (HEREIN REFERRED TO AS "PRIOR
 COMPACT"), SHALL BE DEEMED TO HAVE WITHDRAWN  FROM  SAID  PRIOR  COMPACT
 WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS COMPACT.
   B.  EACH  PARTY  STATE  TO  THIS COMPACT SHALL CONTINUE TO RECOGNIZE A
 NURSE'S MULTISTATE LICENSURE PRIVILEGE TO PRACTICE IN THAT  PARTY  STATE
 ISSUED UNDER THE PRIOR COMPACT UNTIL SUCH PARTY STATE HAS WITHDRAWN FROM
 THE PRIOR COMPACT.
   2.  WITHDRAWAL.  A.  ANY PARTY STATE MAY WITHDRAW FROM THIS COMPACT BY
 ENACTING A STATUTE REPEALING THE SAME. A PARTY STATE'S WITHDRAWAL  SHALL
 NOT  TAKE EFFECT UNTIL SIX MONTHS AFTER ENACTMENT OF THE REPEALING STAT-
 UTE.
   B. A PARTY STATE'S WITHDRAWAL OR  TERMINATION  SHALL  NOT  AFFECT  THE
 CONTINUING  REQUIREMENT OF THE WITHDRAWING OR TERMINATED STATE'S LICENS-
 ING BOARD TO  REPORT  ADVERSE  ACTIONS  AND  SIGNIFICANT  INVESTIGATIONS
 OCCURRING PRIOR TO THE EFFECTIVE DATE OF SUCH WITHDRAWAL OR TERMINATION.
   C.  NOTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO INVALIDATE
 OR PREVENT ANY NURSE LICENSURE AGREEMENT OR OTHER  COOPERATIVE  ARRANGE-
 MENT BETWEEN A PARTY STATE AND A NON-PARTY STATE THAT IS MADE IN ACCORD-
 ANCE WITH THE OTHER PROVISIONS OF THIS COMPACT.
   3.  AMENDMENT.  A. THIS COMPACT MAY BE AMENDED BY THE PARTY STATES. NO
 AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND  BINDING  UPON  THE
 S. 8007--A                         31                         A. 9007--A
 
 PARTY  STATES  UNLESS AND UNTIL IT IS ENACTED INTO THE LAWS OF ALL PARTY
 STATES.
   B.  REPRESENTATIVES  OF  NON-PARTY  STATES  TO  THIS  COMPACT SHALL BE
 INVITED TO PARTICIPATE IN THE ACTIVITIES OF THE COMMISSION, ON A NONVOT-
 ING BASIS, PRIOR TO THE ADOPTION OF THIS COMPACT BY ALL STATES.
   § 8911. CONSTRUCTION AND SEVERABILITY.  1. CONSTRUCTION AND SEVERABIL-
 ITY. THIS COMPACT SHALL BE LIBERALLY CONSTRUED SO AS TO  EFFECTUATE  THE
 PURPOSES THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE, AND
 IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS COMPACT IS DECLARED
 TO  BE  CONTRARY TO THE CONSTITUTION OF ANY PARTY STATE OR OF THE UNITED
 STATES, OR IF THE  APPLICABILITY  THEREOF  TO  ANY  GOVERNMENT,  AGENCY,
 PERSON  OR  CIRCUMSTANCE  IS  HELD  TO  BE  INVALID, THE VALIDITY OF THE
 REMAINDER OF THIS COMPACT AND THE APPLICABILITY THEREOF TO  ANY  GOVERN-
 MENT,  AGENCY,  PERSON OR CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY. IF
 THIS COMPACT SHALL BE HELD TO BE CONTRARY TO  THE  CONSTITUTION  OF  ANY
 PARTY  STATE,  THIS  COMPACT SHALL REMAIN IN FULL FORCE AND EFFECT AS TO
 THE REMAINING PARTY STATES AND IN FULL FORCE AND EFFECT AS TO THE  PARTY
 STATE AFFECTED AS TO ALL SEVERABLE MATTERS.
   §  3.  Section  6501  of  the education law is amended by adding a new
 subdivision 3 to read as follows:
     3. A. AN APPLICANT FOR LICENSURE IN A QUALIFIED HIGH-NEED HEALTHCARE
 PROFESSION WHO PROVIDES DOCUMENTATION AND ATTESTATION  THAT  HE  OR  SHE
 HOLDS  A  LICENSE  IN  GOOD STANDING FROM ANOTHER STATE, MAY REQUEST THE
 ISSUANCE OF A TEMPORARY PRACTICE PERMIT, WHICH, IF GRANTED  WILL  PERMIT
 THE APPLICANT TO WORK UNDER THE SUPERVISION OF A NEW YORK STATE LICENSEE
 IN  ACCORDANCE  WITH REGULATIONS OF THE COMMISSIONER. THE DEPARTMENT MAY
 GRANT SUCH TEMPORARY PRACTICE PERMIT WHEN IT APPEARS BASED ON THE APPLI-
 CATION AND SUPPORTING DOCUMENTATION RECEIVED  THAT  THE  APPLICANT  WILL
 MEET  THE REQUIREMENTS FOR LICENSURE IN THIS STATE BECAUSE HE OR SHE HAS
 PROVIDED DOCUMENTATION AND ATTESTATION THAT THEY HOLD A LICENSE IN  GOOD
 STANDING  FROM  ANOTHER  STATE  WITH  SIGNIFICANTLY COMPARABLE LICENSURE
 REQUIREMENTS TO THOSE OF THIS STATE, EXCEPT THE DEPARTMENT HAS NOT  BEEN
 ABLE  TO SECURE DIRECT SOURCE VERIFICATION OF THE APPLICANT'S UNDERLYING
 CREDENTIALS (E.G., LICENSE VERIFICATION, RECEIPT OF ORIGINAL TRANSCRIPT,
 EXPERIENCE VERIFICATION). SUCH PERMIT SHALL BE VALID FOR SIX  MONTHS  OR
 UNTIL  TEN  DAYS AFTER NOTIFICATION THAT THE APPLICANT DOES NOT MEET THE
 QUALIFICATIONS FOR LICENSURE. AN ADDITIONAL SIX MONTHS  MAY  BE  GRANTED
 UPON A DETERMINATION BY THE DEPARTMENT THAT THE APPLICANT IS EXPECTED TO
 QUALIFY FOR THE FULL LICENSE UPON RECEIPT OF THE REMAINING DIRECT SOURCE
 VERIFICATION  DOCUMENTS  REQUESTED BY THE DEPARTMENT IN SUCH TIME PERIOD
 AND THAT THE DELAY IN PROVIDING THE  NECESSARY  DOCUMENTATION  FOR  FULL
 LICENSURE WAS DUE TO EXTENUATING CIRCUMSTANCES WHICH THE APPLICANT COULD
 NOT AVOID.
   B. A TEMPORARY PRACTICE PERMIT ISSUED UNDER PARAGRAPH A OF THIS SUBDI-
 VISION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY AUTHORI-
 TY  OF  THE BOARD OF REGENTS AND THE DEPARTMENT, PURSUANT TO THIS TITLE,
 AS IF SUCH AUTHORIZATION WERE A PROFESSIONAL LICENSE ISSUED  UNDER  THIS
 ARTICLE.
   C.  FOR PURPOSES OF THIS SUBDIVISION "HIGH-NEED HEALTHCARE PROFESSION"
 MEANS A LICENSED HEALTHCARE PROFESSION OF WHICH THERE  ARE  AN  INSUFFI-
 CIENT  NUMBER  OF  LICENSEES  TO  SERVE  IN THE STATE OR A REGION OF THE
 STATE, AS DETERMINED BY THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH
 THE COMMISSIONER OF EDUCATION.  THE COMMISSIONER OF HEALTH  SHALL  MAIN-
 TAIN  A  LIST OF SUCH LICENSED PROFESSIONS, WHICH SHALL BE POSTED ONLINE
 AND UPDATED FROM TIME TO TIME AS WARRANTED.
 S. 8007--A                         32                         A. 9007--A
 
   § 4. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2022; provided,
 however,  section  three  of this act shall take effect on the ninetieth
 day after it shall have become a law.  Effective immediately, the  addi-
 tion,  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 C

   Section  1.  Subdivision 6 of section 571 of the public health law, as
 amended by chapter 444 of the laws  of  2013,  is  amended  to  read  as
 follows:
   6.  "Qualified  health  care professional" means a physician, dentist,
 podiatrist, optometrist performing a clinical laboratory test that  does
 not  use  an invasive modality as defined in section seventy-one hundred
 one of the education law, PHARMACIST,  physician  assistant,  specialist
 assistant,  nurse  practitioner,  or midwife, who is licensed and regis-
 tered with the state education department.
   § 2. Section 6801 of the education law, is amended  by  adding  a  new
 subdivision 7 to read as follows:
   7. A LICENSED PHARMACIST IS A QUALIFIED HEALTH CARE PROFESSIONAL UNDER
 SECTION  FIVE  HUNDRED  SEVENTY-ONE  OF  THE  PUBLIC  HEALTH LAW FOR THE
 PURPOSES OF DIRECTING A LIMITED  SERVICE  LABORATORY  AND  ORDERING  AND
 ADMINISTERING  TESTS APPROVED BY THE FOOD AND DRUG ADMINISTRATION (FDA),
 SUBJECT TO CERTIFICATE OF WAIVER REQUIREMENTS  ESTABLISHED  PURSUANT  TO
 THE  FEDERAL  CLINICAL  LABORATORY  IMPROVEMENT  ACT OF NINETEEN HUNDRED
 EIGHTY-EIGHT.
   § 3. Subparagraph (iv) of paragraph (a) of subdivision  3  of  section
 6902  of the education law, as amended by section 2 of part D of chapter
 56 of the laws of 2014, is amended to read as follows:
   (iv) The practice protocol shall reflect current accepted medical  and
 nursing  practice[.  The  protocols  shall  be filed with the department
 within ninety days of the commencement  of  the  practice]  and  may  be
 updated periodically. The commissioner shall make regulations establish-
 ing the procedure for the review of protocols and the disposition of any
 issues arising from such review.
   §  4.  Paragraph (b) of subdivision 3 of section 6902 of the education
 law, as added by section 2 of part D of chapter 56 of the laws of  2014,
 is amended to read as follows:
   (b) Notwithstanding subparagraph (i) of paragraph (a) of this subdivi-
 sion[,]:
   (I)  a  nurse practitioner, certified under section sixty-nine hundred
 ten of this article and practicing for  more  than  three  thousand  six
 hundred  hours IN A SPECIALTY AREA OTHER THAN PRIMARY CARE OR SUCH OTHER
 RELATED AREAS AS DETERMINED BY THE COMMISSIONER OF  HEALTH,  may  comply
 with  this paragraph in lieu of complying with the requirements of para-
 graph (a) of this subdivision relating to collaboration  with  a  physi-
 cian,  a  written  practice  agreement and written practice protocols. A
 nurse practitioner complying with this paragraph shall  have  collabora-
 tive  relationships  with  one  or more licensed physicians qualified to
 collaborate in the specialty involved  or  a  hospital,  licensed  under
 article  twenty-eight  of  the public health law, that provides services
 through licensed physicians qualified to collaborate  in  the  specialty
 involved and having privileges at such institution. As evidence that the
 nurse  practitioner  maintains  collaborative  relationships,  the nurse
 S. 8007--A                         33                         A. 9007--A
 
 practitioner shall complete and maintain a form, created by the  depart-
 ment,  to which the nurse practitioner shall attest, that describes such
 collaborative relationships. For purposes of this paragraph, "collabora-
 tive  relationships" shall mean that the nurse practitioner shall commu-
 nicate, whether in person, by telephone or  through  written  (including
 electronic) means, with a licensed physician qualified to collaborate in
 the specialty involved or, in the case of a hospital, communicate with a
 licensed  physician  qualified  to collaborate in the specialty involved
 and having privileges at such hospital, for the purposes  of  exchanging
 information,  as  needed, in order to provide comprehensive patient care
 and to make referrals as necessary. Such form  shall  also  reflect  the
 nurse  practitioner's  acknowledgement  that  if  reasonable  efforts to
 resolve any dispute that may arise with the collaborating physician  or,
 in  the  case of a collaboration with a hospital, with a licensed physi-
 cian qualified to collaborate in the specialty involved and having priv-
 ileges at such hospital, about a patient's care are not successful,  the
 recommendation  of  the  physician  shall  prevail.  Such  form shall be
 updated as needed and may be subject to review by  the  department.  The
 nurse  practitioner  shall  maintain  documentation  that  supports such
 collaborative relationships. Failure to  comply  with  the  requirements
 found  in  this  paragraph  by a nurse practitioner who is not complying
 with such provisions of paragraph (a)  of  this  subdivision,  shall  be
 subject  to  professional  misconduct provisions as set forth in article
 one hundred thirty of this title.
   (II) A   NURSE    PRACTITIONER,  CERTIFIED  UNDER  SECTION  SIXTY-NINE
 HUNDRED  TEN OF THIS ARTICLE AND PRACTICING FOR MORE THAN THREE THOUSAND
 SIX HUNDRED HOURS IN PRIMARY CARE, SHALL BE EXEMPT FROM THE REQUIREMENTS
 OF SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION.  FOR  PURPOSES
 OF  THIS  PARAGRAPH,  "PRIMARY CARE" SHALL INCLUDE BUT NOT BE LIMITED TO
 GENERAL PEDIATRICS, GENERAL ADULT MEDICINE, GENERAL GERIATRIC  MEDICINE,
 GENERAL  INTERNAL  MEDICINE, OBSTETRICS AND GYNECOLOGY, FAMILY MEDICINE,
 OR SUCH OTHER RELATED AREAS AS DETERMINED BY THE COMMISSIONER OF HEALTH.
   § 5. Section 3 of part D of chapter 56 of the laws of  2014,  amending
 the  education law relating to enacting the "nurse practitioners modern-
 ization act", as amended by section 10 of part S of chapter  57  of  the
 laws of 2021, is amended to read as follows:
   § 3. This act shall take effect on the first of January after it shall
 have become a law [and shall expire June 30 of the seventh year after it
 shall  have become a law, when upon such date the provisions of this act
 shall be deemed repealed]; provided, however, that effective  immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its  effective  date  is
 authorized  and  directed  to  be  made  and completed on or before such
 effective date.
   § 6. Section 6908 of the education law is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3.  THIS  ARTICLE SHALL NOT BE CONSTRUED AS PROHIBITING MEDICATION-RE-
 LATED TASKS PROVIDED BY A CERTIFIED MEDICATION AIDE IN  ACCORDANCE  WITH
 REGULATIONS  DEVELOPED  BY  THE  COMMISSIONER,  IN CONSULTATION WITH THE
 COMMISSIONER OF HEALTH. AT A MINIMUM, SUCH REGULATIONS SHALL:
   A. SPECIFY THE MEDICATION-RELATED  TASKS  THAT  MAY  BE  PERFORMED  BY
 CERTIFIED  MEDICATION  AIDES  PURSUANT  TO  THIS SUBDIVISION. SUCH TASKS
 SHALL INCLUDE THE ADMINISTRATION OF MEDICATIONS WHICH  ARE  ROUTINE  AND
 PRE-FILLED OR OTHERWISE PACKAGED IN A MANNER THAT PROMOTES RELATIVE EASE
 OF  ADMINISTRATION,  PROVIDED  THAT  ADMINISTRATION  OF  MEDICATIONS  BY
 INJECTION, STERILE PROCEDURES, AND CENTRAL  LINE  MAINTENANCE  SHALL  BE
 S. 8007--A                         34                         A. 9007--A
 
 PROHIBITED.  PROVIDED,  HOWEVER,  SUCH  PROHIBITION  SHALL  NOT APPLY TO
 INJECTIONS  OF  INSULIN  OR  OTHER  INJECTIONS  FOR  DIABETES  CARE,  TO
 INJECTIONS  OF  LOW MOLECULAR WEIGHT HEPARIN, AND TO PRE-FILLED AUTO-IN-
 JECTIONS  OF  NALOXONE  AND  EPINEPHRINE  FOR  EMERGENCY  PURPOSES,  AND
 PROVIDED, FURTHER, THAT ENTITIES EMPLOYING  CERTIFIED  MEDICATION  AIDES
 PURSUANT  TO  THIS  SUBDIVISION SHALL ESTABLISH A SYSTEMATIC APPROACH TO
 ADDRESS DRUG DIVERSION;
   B. PROVIDE THAT MEDICATION-RELATED TASKS PERFORMED BY CERTIFIED  MEDI-
 CATION AIDES MAY BE PERFORMED ONLY UNDER THE SUPERVISION OF A REGISTERED
 PROFESSIONAL  NURSE  LICENSED  IN  NEW  YORK STATE, AS SET FORTH IN THIS
 SUBDIVISION AND SUBDIVISION ELEVEN OF SECTION SIXTY-NINE HUNDRED NINE OF
 THIS ARTICLE, WHERE SUCH NURSE IS EMPLOYED BY A RESIDENTIAL HEALTH  CARE
 FACILITY  LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH
 LAW;
   C. ESTABLISH A PROCESS BY WHICH A REGISTERED  PROFESSIONAL  NURSE  MAY
 ASSIGN  MEDICATION-RELATED  TASKS  TO  A CERTIFIED MEDICATION AIDE. SUCH
 PROCESS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) ALLOWING ASSIGNMENT OF MEDICATION-RELATED  TASKS  TO  A  CERTIFIED
 MEDICATION  AIDE  ONLY  WHERE  SUCH CERTIFIED MEDICATION AIDE HAS DEMON-
 STRATED TO THE SATISFACTION OF THE SUPERVISING  REGISTERED  PROFESSIONAL
 NURSE  COMPETENCY  IN  EVERY MEDICATION-RELATED TASK THAT SUCH CERTIFIED
 MEDICATION AIDE IS AUTHORIZED TO PERFORM, A WILLINGNESS TO PERFORM  SUCH
 MEDICATION-RELATED TASKS, AND THE ABILITY TO EFFECTIVELY AND EFFICIENTLY
 COMMUNICATE  WITH  THE INDIVIDUAL RECEIVING SERVICES AND UNDERSTAND SUCH
 INDIVIDUAL'S NEEDS;
   (II) AUTHORIZING THE  SUPERVISING  REGISTERED  PROFESSIONAL  NURSE  TO
 REVOKE  ANY ASSIGNED MEDICATION-RELATED TASK FROM A CERTIFIED MEDICATION
 AIDE FOR ANY REASON; AND
   (III) AUTHORIZING MULTIPLE REGISTERED PROFESSIONAL NURSES  TO  JOINTLY
 AGREE TO ASSIGN MEDICATION-RELATED TASKS TO A CERTIFIED MEDICATION AIDE,
 PROVIDED  FURTHER  THAT  ONLY ONE REGISTERED PROFESSIONAL NURSE SHALL BE
 REQUIRED TO DETERMINE IF THE CERTIFIED MEDICATION AIDE HAS  DEMONSTRATED
 COMPETENCY IN THE MEDICATION-RELATED TASK TO BE PERFORMED;
   D.  PROVIDE  THAT  MEDICATION-RELATED  TASKS  MAY BE PERFORMED ONLY IN
 ACCORDANCE WITH AND PURSUANT  TO  AN  AUTHORIZED  HEALTH  PRACTITIONER'S
 ORDERED CARE;
   E. PROVIDE THAT ONLY A CERTIFIED NURSE AIDE MAY PERFORM MEDICATION-RE-
 LATED TASKS AS A CERTIFIED MEDICATION AIDE WHEN SUCH AIDE HAS:
   (I) A VALID NEW YORK STATE NURSE AIDE CERTIFICATE;
   (II) A HIGH SCHOOL DIPLOMA, GED OR SIMILAR EDUCATION CREDENTIAL;
   (III) EVIDENCE OF BEING AT LEAST EIGHTEEN YEARS OLD;
   (IV)  AT LEAST ONE YEAR OF EXPERIENCE PROVIDING NURSE AIDE SERVICES IN
 AN ARTICLE TWENTY-EIGHT RESIDENTIAL HEALTH CARE FACILITY;
   (V) THE ABILITY TO READ, WRITE, AND SPEAK ENGLISH AND TO PERFORM BASIC
 MATH SKILLS;
   (VI) COMPLETED THE REQUISITE TRAINING AND DEMONSTRATED COMPETENCIES OF
 A CERTIFIED MEDICATION AIDE AS DETERMINED BY THE COMMISSIONER IN CONSUL-
 TATION WITH THE COMMISSIONER OF HEALTH;
   (VII) SUCCESSFULLY COMPLETED COMPETENCY EXAMINATIONS  SATISFACTORY  TO
 THE COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF HEALTH; AND
   (VIII)  MEETS  OTHER  APPROPRIATE  QUALIFICATIONS AS DETERMINED BY THE
 COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF HEALTH;
   F. PROHIBIT A CERTIFIED MEDICATION AIDE FROM HOLDING  THEMSELVES  OUT,
 OR  ACCEPTING EMPLOYMENT AS, A PERSON LICENSED TO PRACTICE NURSING UNDER
 THE PROVISIONS OF THIS ARTICLE;
 S. 8007--A                         35                         A. 9007--A
 
   G. PROVIDE THAT A  CERTIFIED  MEDICATION  AIDE  IS  NOT  REQUIRED  NOR
 PERMITTED TO ASSESS THE MEDICATION OR MEDICAL NEEDS OF AN INDIVIDUAL;
   H. PROVIDE THAT A CERTIFIED MEDICATION AIDE SHALL NOT BE AUTHORIZED TO
 PERFORM  ANY  MEDICATION-RELATED  TASKS  OR  ACTIVITIES PURSUANT TO THIS
 SUBDIVISION THAT ARE OUTSIDE THE SCOPE OF PRACTICE OF A LICENSED PRACTI-
 CAL NURSE OR ANY MEDICATION-RELATED TASKS THAT HAVE NOT  BEEN  APPROPRI-
 ATELY ASSIGNED BY THE SUPERVISING REGISTERED PROFESSIONAL NURSE;
   I. PROVIDE THAT A CERTIFIED MEDICATION AIDE SHALL DOCUMENT ALL MEDICA-
 TION-RELATED  TASKS  PROVIDED  TO  AN  INDIVIDUAL,  INCLUDING MEDICATION
 ADMINISTRATION TO EACH INDIVIDUAL THROUGH THE USE OF A MEDICATION ADMIN-
 ISTRATION RECORD; AND
   J. PROVIDE THAT THE SUPERVISING REGISTERED  PROFESSIONAL  NURSE  SHALL
 RETAIN  THE  DISCRETION  TO  DECIDE WHETHER TO ASSIGN MEDICATION-RELATED
 TASKS TO CERTIFIED MEDICATION AIDES UNDER THIS PROGRAM AND SHALL NOT  BE
 SUBJECT TO COERCION, RETALIATION, OR THE THREAT OF RETALIATION.
   §  7.  Section  6909  of  the education law is amended by adding a new
 subdivision 11 to read as follows:
   11. A REGISTERED PROFESSIONAL NURSE, WHILE WORKING FOR  A  RESIDENTIAL
 HEALTH  CARE  FACILITY  LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE
 PUBLIC HEALTH LAW, MAY, IN  ACCORDANCE  WITH  THIS  SUBDIVISION,  ASSIGN
 CERTIFIED MEDICATION AIDES TO PERFORM MEDICATION-RELATED TASKS FOR INDI-
 VIDUALS  PURSUANT  TO  THE  PROVISIONS  OF  SUBDIVISION THREE OF SECTION
 SIXTY-NINE HUNDRED EIGHT OF THIS ARTICLE AND SUPERVISE CERTIFIED MEDICA-
 TION AIDES WHO PERFORM ASSIGNED MEDICATION-RELATED TASKS.
   § 8. Paragraph (a) of subdivision 3 of section 2803-j  of  the  public
 health  law,  as added by chapter 717 of the laws of 1989, is amended to
 read as follows:
   (a) Identification of individuals who have  successfully  completed  a
 nurse aide training and competency evaluation program, [or] a nurse aide
 competency evaluation program, OR A MEDICATION AIDE PROGRAM;
   §  9. Subdivision 6 of section 6527 of the education law is amended by
 adding a new paragraph (h) to read as follows:
   (H) ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF SARS-COV-2 OR ITS
 ANTIBODIES, INFLUENZA VIRUS OR RESPIRATORY SYNCYTIAL VIRUS.
   § 10. Subdivision 4 of section 6909 of the education law is amended by
 adding a new paragraph (h) to read as follows:
   (H) ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF SARS-COV-2 OR ITS
 ANTIBODIES, INFLUENZA VIRUS OR RESPIRATORY SYNCYTIAL VIRUS.
   § 11. Section 6909 of the education law is amended  by  adding  a  new
 subdivision 11 to read as follows:
   11.  A  REGISTERED  PROFESSIONAL NURSE OR CERTIFIED NURSE PRACTITIONER
 MAY, IN ACCORDANCE WITH THIS SUBDIVISION, ASSIGN THE TASK OF ADMINISTER-
 ING TESTS TO DETERMINE THE PRESENCE OF  SARS-COV-2  OR  ITS  ANTIBODIES,
 INFLUENZA  VIRUS  OR  RESPIRATORY  SYNCYTIAL  VIRUS,  TO  AN INDIVIDUAL,
 PROVIDED THAT:
   (A) PRIOR TO MAKING SUCH ASSIGNMENT THE REGISTERED PROFESSIONAL  NURSE
 OR  CERTIFIED  NURSE  PRACTITIONER SHALL PROVIDE THE INDIVIDUAL ASSIGNED
 SUCH  TASK  WITH  SPECIFIC  INSTRUCTIONS  FOR  PERFORMING  THE  SPECIMEN
 COLLECTION  AND  CRITERIA  FOR  IDENTIFYING, REPORTING AND RESPONDING TO
 PROBLEMS OR COMPLICATIONS;
   (B) THE REGISTERED PROFESSIONAL NURSE OR CERTIFIED NURSE  PRACTITIONER
 PROVIDES  TRAINING  TO  THE  INDIVIDUAL AND PERSONALLY VERIFIES THAT THE
 INDIVIDUAL CAN SAFELY AND COMPETENTLY PERFORM THE TASKS ASSIGNED;
   (C) THE REGISTERED PROFESSIONAL NURSE OR CERTIFIED NURSE  PRACTITIONER
 DETERMINES THAT THE INDIVIDUAL IS WILLING TO PERFORM SUCH TASK; AND
 S. 8007--A                         36                         A. 9007--A
 
   (D)  THE  SPECIMEN  COLLECTION IS CONSISTENT WITH AN AUTHORIZED HEALTH
 PRACTITIONER'S ORDERED CARE.
   §  12.  Section  6527  of the education law is amended by adding a new
 subdivision 11 to read as follows:
   11. A PHYSICIAN MAY, IN ACCORDANCE WITH THIS SUBDIVISION,  ASSIGN  THE
 TASK  OF  ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF SARS-COV-2 OR
 ITS ANTIBODIES, INFLUENZA VIRUS OR RESPIRATORY SYNCYTIAL  VIRUS,  TO  AN
 INDIVIDUAL, PROVIDED THAT:
   (A)  PRIOR  TO  MAKING SUCH ASSIGNMENT THE PHYSICIAN SHALL PROVIDE THE
 INDIVIDUAL ASSIGNED SUCH TASK WITH SPECIFIC INSTRUCTIONS FOR  PERFORMING
 THE  SPECIMEN  COLLECTION  AND  CRITERIA  FOR IDENTIFYING, REPORTING AND
 RESPONDING TO PROBLEMS OR COMPLICATIONS;
   (B) THE PHYSICIAN PROVIDES TRAINING TO THE INDIVIDUAL  AND  PERSONALLY
 VERIFIES  THAT  THE  INDIVIDUAL  CAN  SAFELY AND COMPETENTLY PERFORM THE
 TASKS ASSIGNED;
   (C) THE PHYSICIAN DETERMINES THAT THE INDIVIDUAL IS WILLING TO PERFORM
 SUCH TASK; AND
   (D) THE SPECIMEN COLLECTION IS CONSISTENT WITH  AN  AUTHORIZED  HEALTH
 PRACTITIONER'S ORDERED CARE.
   §  13.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022; provided,
 however, that sections six, seven and eight of this act shall expire and
 be deemed repealed two years after it shall have become a law.
 
                                  PART D
 
   Section 1.  The social services law is amended by adding a new section
 367-w to read as follows:
   § 367-W. HEALTH CARE AND MENTAL HYGIENE WORKER BONUSES.    1.  PURPOSE
 AND  INTENT.  NEW  YORK'S  ESSENTIAL  FRONT  LINE HEALTH CARE AND MENTAL
 HYGIENE WORKERS HAVE SEEN US THROUGH A ONCE-IN-A-CENTURY  PUBLIC  HEALTH
 CRISIS  AND  TURNED  OUR  STATE  INTO  A  MODEL FOR BATTLING AND BEATING
 COVID-19.  TO ATTRACT TALENTED PEOPLE INTO THE PROFESSION AT A  TIME  OF
 SUCH SIGNIFICANT STRAIN WHILE ALSO RETAINING THOSE WHO HAVE BEEN WORKING
 SO TIRELESSLY THESE PAST TWO YEARS, WE MUST RECOGNIZE THE EFFORTS OF OUR
 HEALTH CARE AND MENTAL HYGIENE WORKFORCE AND REWARD THEM FINANCIALLY FOR
 THEIR SERVICE.
   TO  DO  THAT,  THE  COMMISSIONER  OF HEALTH IS HEREBY DIRECTED TO SEEK
 ADDITIONAL FEDERAL SPENDING AUTHORITY UNDER SECTION 9817 OF THE AMERICAN
 RESCUE PLAN ACT OF 2021 TO MAXIMIZE FEDERAL FINANCIAL PARTICIPATION WITH
 RESPECT TO SPENDING ON HOME AND COMMUNITY BASED  SERVICES  AND  TO  SEEK
 SUCH  OTHER  FEDERAL  APPROVALS  AS  APPLICABLE, AND, SUBJECT TO FEDERAL
 FINANCIAL PARTICIPATION, TO  SUPPORT  WITH  FEDERAL  AND  STATE  FUNDING
 BONUSES  TO  BE  MADE  AVAILABLE DURING THE STATE FISCAL YEAR OF 2023 TO
 RECRUIT, RETAIN, AND REWARD HEALTH CARE AND MENTAL HYGIENE WORKERS.
   2. DEFINITIONS.  AS USED IN THIS SECTION, THE TERM:
   (A) "EMPLOYEE" MEANS CERTAIN FRONT LINE HEALTH CARE AND MENTAL HYGIENE
 PRACTITIONERS, TECHNICIANS, ASSISTANTS AND AIDES THAT PROVIDE  HANDS  ON
 HEALTH  OR  CARE  SERVICES TO INDIVIDUALS, WITHOUT REGARD TO WHETHER THE
 PERSON WORKS FULL-TIME, PART-TIME, ON A SALARIED, HOURLY,  OR  TEMPORARY
 BASIS, OR AS AN INDEPENDENT CONTRACTOR, THAT RECEIVED AN ANNUALIZED BASE
 SALARY  OF  ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS OR LESS, TO INCLUDE
 SUCH TITLES AS DETERMINED BY THE COMMISSIONER, IN CONSULTATION WITH  THE
 COMMISSIONER OF MENTAL HEALTH, THE COMMISSIONER FOR PEOPLE WITH DEVELOP-
 MENTAL   DISABILITIES,   THE  COMMISSIONER  OF  ADDICTION  SERVICES  AND
 S. 8007--A                         37                         A. 9007--A
 
 SUPPORTS, AND THE COMMISSIONER  OF  CHILDREN  AND  FAMILY  SERVICES,  AS
 APPLICABLE, AND APPROVED BY THE DIRECTOR OF THE BUDGET.
   (B)  "EMPLOYER"  MEANS  A  PROVIDER ENROLLED IN THE MEDICAL ASSISTANCE
 PROGRAM UNDER THIS TITLE THAT EMPLOYS AT LEAST  ONE  EMPLOYEE  AND  THAT
 BILLS  FOR  SERVICES  UNDER THE STATE PLAN OR A HOME AND COMMUNITY BASED
 SERVICES WAIVER AUTHORIZED PURSUANT TO SUBDIVISION (C) OF SECTION  NINE-
 TEEN  HUNDRED  FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT, OR THAT HAS A
 PROVIDER AGREEMENT TO BILL FOR SERVICES PROVIDED OR ARRANGED  THROUGH  A
 MANAGED  CARE  PROVIDER UNDER SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS
 TITLE OR A MANAGED LONG TERM CARE PLAN UNDER SECTION FORTY-FOUR  HUNDRED
 THREE-F OF THE PUBLIC HEALTH LAW, TO INCLUDE:
   (I)  PROVIDERS AND FACILITIES LICENSED, CERTIFIED OR OTHERWISE AUTHOR-
 IZED UNDER ARTICLES TWENTY-EIGHT, THIRTY, THIRTY-SIX  OR  FORTY  OF  THE
 PUBLIC  HEALTH  LAW, ARTICLES SIXTEEN, THIRTY-ONE, THIRTY-TWO OR THIRTY-
 SIX OF THE MENTAL HYGIENE LAW, ARTICLE SEVEN  OF  THIS  CHAPTER,  FISCAL
 INTERMEDIARIES  UNDER  SECTION THREE HUNDRED SIXTY-FIVE-F OF THIS TITLE,
 PHARMACIES REGISTERED UNDER SECTION SIX THOUSAND EIGHT HUNDRED EIGHT  OF
 THE  EDUCATION  LAW,  SCHOOL  BASED HEALTH CENTERS, A HEALTH DISTRICT AS
 DEFINED IN SECTION TWO OF THE PUBLIC HEALTH LAW, OR A  MUNICIPAL  CORPO-
 RATION;
   (II)  PROGRAMS  FUNDED  BY  THE OFFICE OF MENTAL HEALTH, THE OFFICE OF
 ADDICTION SERVICES AND SUPPORTS, OR THE OFFICE FOR PEOPLE WITH  DEVELOP-
 MENTAL DISABILITIES; AND
   (III) OTHER PROVIDER TYPES DETERMINED BY THE COMMISSIONER AND APPROVED
 BY THE DIRECTOR OF THE BUDGET;
   (IV)  PROVIDED,  HOWEVER,  THAT  UNLESS  THE  PROVIDER IS SUBJECT TO A
 CERTIFICATE OF NEED  PROCESS  AS  A  CONDITION  OF  STATE  LICENSURE  OR
 APPROVAL,  SUCH  PROVIDER  SHALL  NOT  BE AN EMPLOYER UNDER THIS SECTION
 UNLESS AT LEAST TWENTY PERCENT OF THE  PROVIDER'S  PATIENTS  OR  PERSONS
 SERVED  ARE  ELIGIBLE FOR SERVICES UNDER THIS TITLE AND TITLE XIX OF THE
 FEDERAL SOCIAL SECURITY ACT.
   (C) NOTWITHSTANDING THE DEFINITION OF EMPLOYER  IN  PARAGRAPH  (B)  OF
 THIS  SUBDIVISION,  AND  WITHOUT  REGARD  TO THE AVAILABILITY OF FEDERAL
 FINANCIAL PARTICIPATION, "EMPLOYER" SHALL ALSO INCLUDE AN INSTITUTION OF
 HIGHER EDUCATION, A PUBLIC OR NONPUBLIC SCHOOL,  A  CHARTER  SCHOOL,  AN
 APPROVED  PRESCHOOL  PROGRAM  FOR  STUDENTS  WITH DISABILITIES, A SCHOOL
 DISTRICT OR BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, PROGRAMS  FUNDED
 BY  THE  OFFICE  OF  MENTAL  HEALTH,  PROGRAMS  FUNDED  BY THE OFFICE OF
 ADDICTION SERVICES AND SUPPORTS,  PROGRAMS  FUNDED  BY  THE  OFFICE  FOR
 PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES, PROGRAMS FUNDED BY THE OFFICE
 FOR THE AGING, A HEALTH DISTRICT AS DEFINED IN SECTION TWO OF THE PUBLIC
 HEALTH LAW, OR A MUNICIPAL CORPORATION, WHERE  SUCH  PROGRAM  OR  ENTITY
 EMPLOYS  AT  LEAST  ONE  EMPLOYEE.  SUCH  EMPLOYERS SHALL BE REQUIRED TO
 ENROLL IN THE SYSTEM DESIGNATED BY THE COMMISSIONER, OR RELEVANT  AGENCY
 COMMISSIONERS,  IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET, FOR THE
 PURPOSE OF CLAIMING BONUS PAYMENTS UNDER THIS SECTION.  SUCH  SYSTEM  OR
 PROCESS FOR CLAIMING BONUS PAYMENTS MAY BE DIFFERENT FROM THE SYSTEM AND
 PROCESS USED UNDER SUBDIVISION THREE OF THIS SECTION.
   (D)  "VESTING PERIOD" SHALL MEAN A SERIES OF SIX-MONTH PERIODS BETWEEN
 THE DATES OF OCTOBER FIRST, TWO THOUSAND TWENTY-ONE  AND  MARCH  THIRTY-
 FIRST, TWO THOUSAND TWENTY-FOUR FOR WHICH EMPLOYEES THAT ARE CONTINUOUS-
 LY  EMPLOYED BY AN EMPLOYER DURING SUCH SIX-MONTH PERIODS, IN ACCORDANCE
 WITH A SCHEDULE ISSUED BY THE COMMISSIONER OR  RELEVANT  AGENCY  COMMIS-
 SIONER AS APPLICABLE, MAY BECOME ELIGIBLE FOR A BONUS PURSUANT TO SUBDI-
 VISION FOUR OF THIS SECTION.
 S. 8007--A                         38                         A. 9007--A
 
   (E)  "BASE  SALARY"  SHALL MEAN, FOR THE PURPOSES OF THIS SECTION, THE
 EMPLOYEE'S GROSS WAGES WITH THE  EMPLOYER  DURING  THE  VESTING  PERIOD,
 EXCLUDING ANY BONUSES OR OVERTIME PAY.
   (F)  "MUNICIPAL  CORPORATION"  MEANS  A COUNTY OUTSIDE THE CITY OF NEW
 YORK, A CITY, INCLUDING THE CITY OF NEW YORK, A TOWN, A  VILLAGE,  OR  A
 SCHOOL DISTRICT.
   3.  TRACKING AND SUBMISSION OF CLAIMS FOR BONUSES. (A) THE COMMISSION-
 ER, IN CONSULTATION WITH THE COMMISSIONER  OF  LABOR  AND  THE  MEDICAID
 INSPECTOR GENERAL, AND SUBJECT TO ANY NECESSARY APPROVALS BY THE FEDERAL
 CENTERS FOR MEDICARE AND MEDICAID SERVICES, SHALL DEVELOP SUCH FORMS AND
 PROCEDURES  AS  MAY  BE NEEDED TO IDENTIFY THE NUMBER OF HOURS EMPLOYEES
 WORKED AND TO PROVIDE REIMBURSEMENT TO EMPLOYERS  FOR  THE  PURPOSES  OF
 FUNDING  EMPLOYEE  BONUSES  IN  ACCORDANCE  WITH HOURS WORKED DURING THE
 VESTING PERIOD.
   (B) USING THE FORMS AND PROCESSES DEVELOPED BY THE COMMISSIONER  UNDER
 THIS SUBDIVISION, EMPLOYERS SHALL, FOR A PERIOD OF TIME SPECIFIED BY THE
 COMMISSIONER:
   (I)  TRACK  THE NUMBER OF HOURS THAT EMPLOYEES WORK DURING THE VESTING
 PERIOD AND, AS APPLICABLE, THE NUMBER OF PATIENTS SERVED BY THE EMPLOYER
 WHO ARE ELIGIBLE FOR SERVICES UNDER THIS TITLE; AND
   (II) SUBMIT CLAIMS FOR REIMBURSEMENT OF EMPLOYEE  BONUS  PAYMENTS.  IN
 FILLING  OUT  THE  INFORMATION REQUIRED TO SUBMIT SUCH CLAIMS, EMPLOYERS
 SHALL USE INFORMATION OBTAINED FROM TRACKING REQUIRED PURSUANT TO  PARA-
 GRAPH  (A) OF THIS SUBDIVISION AND PROVIDE SUCH OTHER INFORMATION AS MAY
 BE PRESCRIBED BY THE COMMISSIONER.  IN DETERMINING AN EMPLOYEE'S ANNUAL-
 IZED BASE SALARY, THE EMPLOYER SHALL USE INFORMATION  BASED  ON  PAYROLL
 RECORDS.
   (C) EMPLOYERS SHALL BE RESPONSIBLE FOR DETERMINING WHETHER AN EMPLOYEE
 IS  ELIGIBLE  UNDER  THIS  SECTION AND SHALL MAINTAIN AND MAKE AVAILABLE
 UPON REQUEST ALL RECORDS, DATA AND INFORMATION THE EMPLOYER RELIED  UPON
 IN MAKING THE DETERMINATION THAT AN EMPLOYEE WAS ELIGIBLE, IN ACCORDANCE
 WITH PARAGRAPH (D) OF THIS SUBDIVISION.
   (D)  EMPLOYERS SHALL MAINTAIN CONTEMPORANEOUS RECORDS FOR ALL TRACKING
 AND CLAIMS RELATED INFORMATION AND DOCUMENTS  REQUIRED  TO  SUBSTANTIATE
 CLAIMS  SUBMITTED  UNDER  THIS  SECTION FOR A PERIOD OF NO LESS THAN SIX
 YEARS. EMPLOYERS  SHALL  FURNISH  SUCH  RECORDS  AND  INFORMATION,  UPON
 REQUEST,  TO  THE  COMMISSIONER,  THE  MEDICAID  INSPECTOR  GENERAL, THE
 COMMISSIONER OF LABOR, THE SECRETARY OF THE UNITED STATES DEPARTMENT  OF
 HEALTH  AND HUMAN SERVICES, AND THE DEPUTY ATTORNEY GENERAL FOR MEDICAID
 FRAUD CONTROL.
   4. PAYMENT OF WORKER BONUSES. (A) UPON ISSUANCE OF A VESTING  SCHEDULE
 BY  THE  COMMISSIONER,  OR  RELEVANT  AGENCY COMMISSIONER AS APPLICABLE,
 EMPLOYERS SHALL BE REQUIRED TO PAY BONUSES TO EMPLOYEES PURSUANT TO SUCH
 SCHEDULE BASED ON THE NUMBER OF HOURS WORKED DURING THE VESTING  PERIOD.
 THE  SCHEDULE SHALL PROVIDE FOR TOTAL PAYMENTS NOT TO EXCEED THREE THOU-
 SAND DOLLARS PER EMPLOYEE IN ACCORDANCE WITH THE FOLLOWING:
   (I) EMPLOYEES WHO HAVE WORKED AN AVERAGE OF AT LEAST TWENTY  BUT  LESS
 THAN  THIRTY  HOURS  PER  WEEK OVER THE COURSE OF A VESTING PERIOD WOULD
 RECEIVE A FIVE HUNDRED DOLLAR BONUS FOR THE VESTING PERIOD;
   (II) EMPLOYEES WHO HAVE WORKED AN AVERAGE OF AT LEAST THIRTY BUT  LESS
 THAN  THIRTY-FIVE  HOURS  PER  WEEK  OVER THE COURSE OF A VESTING PERIOD
 WOULD RECEIVE A ONE THOUSAND DOLLAR BONUS FOR SUCH VESTING PERIOD;
   (III) EMPLOYEES WHO HAVE WORKED AN AVERAGE  OF  AT  LEAST  THIRTY-FIVE
 HOURS  PER  WEEK OVER THE COURSE OF A VESTING PERIOD WOULD RECEIVE A ONE
 THOUSAND FIVE HUNDRED DOLLAR BONUS FOR SUCH VESTING PERIOD.
 S. 8007--A                         39                         A. 9007--A
 
   (IV) FULL-TIME EMPLOYEES WHO ARE EXEMPT FROM OVERTIME COMPENSATION  AS
 ESTABLISHED IN THE LABOR COMMISSIONER'S MINIMUM WAGE ORDERS OR OTHERWISE
 PROVIDED  BY NEW YORK STATE LAW OR REGULATION OVER THE COURSE OF A VEST-
 ING PERIOD WOULD RECEIVE A ONE THOUSAND FIVE HUNDRED  DOLLAR  BONUS  FOR
 SUCH VESTING PERIOD.
   (B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, THE COMMISSION-
 ER MAY THROUGH REGULATION SPECIFY AN ALTERNATIVE NUMBER OF VESTING PERI-
 ODS,  PROVIDED  THAT TOTAL PAYMENTS DO NOT EXCEED THREE THOUSAND DOLLARS
 PER EMPLOYEE.
   (C) EMPLOYEES SHALL BE ELIGIBLE FOR BONUSES FOR NO MORE THAN TWO VEST-
 ING PERIODS PER EMPLOYER, IN AN AMOUNT EQUAL TO  BUT  NOT  GREATER  THAN
 THREE THOUSAND DOLLARS PER EMPLOYEE ACROSS ALL EMPLOYERS.
   (D)  UPON COMPLETION OF A VESTING PERIOD WITH AN EMPLOYER, AN EMPLOYEE
 SHALL BE ENTITLED TO  RECEIVE  THE  BONUS  AND  THE  EMPLOYER  SHALL  BE
 REQUIRED  TO  PAY  THE BONUS NO LATER THAN THE DATE SPECIFIED UNDER THIS
 SUBDIVISION, PROVIDED HOWEVER THAT PRIOR TO SUCH DATE THE EMPLOYEE  DOES
 NOT  TERMINATE,  THROUGH ACTION OR INACTION, THE EMPLOYMENT RELATIONSHIP
 WITH THE EMPLOYER, IN ACCORDANCE WITH ANY EMPLOYMENT AGREEMENT,  INCLUD-
 ING A COLLECTIVELY BARGAINED AGREEMENT, IF ANY, BETWEEN THE EMPLOYEE AND
 EMPLOYER.
   (E)  ANY BONUS DUE AND PAYABLE TO AN EMPLOYEE UNDER THIS SECTION SHALL
 BE MADE BY THE EMPLOYER NO LATER THAN THIRTY DAYS  AFTER  THE  BONUS  IS
 PAID TO THE EMPLOYER.
   (F) AN EMPLOYER SHALL BE REQUIRED TO SUBMIT A CLAIM FOR A BONUS TO THE
 DEPARTMENT NO LATER THAN THIRTY DAYS AFTER AN EMPLOYEE'S ELIGIBILITY FOR
 A  BONUS  VESTS,  IN  ACCORDANCE  WITH AND UPON ISSUANCE OF THE SCHEDULE
 ISSUED BY THE COMMISSIONER OR RELEVANT AGENCY COMMISSIONER.
   (G) NO PORTION OF ANY DOLLARS RECEIVED FROM CLAIMS UNDER  SUBPARAGRAPH
 (II)  OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION FOR EMPLOYEE
 BONUSES SHALL BE RETURNED TO ANY PERSON OTHER THAN THE EMPLOYEE TO  WHOM
 THE BONUS IS DUE OR USED TO REDUCE THE TOTAL COMPENSATION AN EMPLOYER IS
 OBLIGATED  TO  PAY TO AN EMPLOYEE UNDER SECTION THIRTY-SIX HUNDRED FOUR-
 TEEN-C OF THE PUBLIC HEALTH LAW, SECTION SIX HUNDRED  FIFTY-TWO  OF  THE
 LABOR LAW, OR ANY OTHER PROVISIONS OF LAW OR REGULATIONS, OR PURSUANT TO
 ANY COLLECTIVELY BARGAINED AGREEMENT.
   (H)  NO  PORTION  OF  ANY BONUS AVAILABLE PURSUANT TO THIS SUBDIVISION
 SHALL BE PAYABLE TO A PERSON WHO HAS BEEN SUSPENDED  OR  EXCLUDED  UNDER
 THE MEDICAL ASSISTANCE PROGRAM DURING THE VESTING PERIOD AND AT THE TIME
 AN EMPLOYER SUBMITS A CLAIM UNDER THIS SECTION.
   (I)  THE USE OF ANY ACCRUALS OR OTHER LEAVE, INCLUDING BUT NOT LIMITED
 TO  SICK,  VACATION,  OR  TIME  USED UNDER THE FAMILY MEDICAL LEAVE ACT,
 SHALL BE CREDITED TOWARDS AND INCLUDED IN THE CALCULATION OF THE AVERAGE
 NUMBER OF HOURS WORKED PER WEEK OVER THE COURSE OF THE VESTING PERIOD.
   5. AUDITS, INVESTIGATIONS AND  REVIEWS.  (A)  THE  MEDICAID  INSPECTOR
 GENERAL  SHALL,  IN  COORDINATION WITH THE COMMISSIONER, CONDUCT AUDITS,
 INVESTIGATIONS AND REVIEWS OF EMPLOYERS REQUIRED TO SUBMIT CLAIMS  UNDER
 THIS  SECTION.  SUCH  CLAIMS,  INAPPROPRIATELY  PAID, UNDER THIS SECTION
 SHALL CONSTITUTE OVERPAYMENTS AS THAT TERM IS DEFINED  UNDER  THE  REGU-
 LATIONS GOVERNING THE MEDICAL ASSISTANCE PROGRAM. THE MEDICAID INSPECTOR
 GENERAL  MAY RECOVER SUCH OVERPAYMENTS TO EMPLOYERS AS IT WOULD AN OVER-
 PAYMENT UNDER THE MEDICAL ASSISTANCE PROGRAM, IMPOSE SANCTIONS UP TO AND
 INCLUDING EXCLUSION FROM THE MEDICAL ASSISTANCE PROGRAM,  IMPOSE  PENAL-
 TIES, AND TAKE ANY OTHER ACTION AUTHORIZED BY LAW WHERE:
   (I)  AN  EMPLOYER  CLAIMS  A  BONUS  NOT DUE TO AN EMPLOYEE OR A BONUS
 AMOUNT IN EXCESS OF THE CORRECT BONUS AMOUNT DUE TO AN EMPLOYEE;
 S. 8007--A                         40                         A. 9007--A
 
   (II) AN EMPLOYER CLAIMS, RECEIVES AND FAILS TO PAY  ANY  PART  OF  THE
 BONUS DUE TO A DESIGNATED EMPLOYEE;
   (III) AN EMPLOYER FAILS TO CLAIM A BONUS DUE TO AN EMPLOYEE.
   (B)  ANY  EMPLOYER IDENTIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION WHO
 FAILS TO IDENTIFY, CLAIM AND PAY ANY BONUS FOR MORE THAN TEN PERCENT  OF
 ITS EMPLOYEES ELIGIBLE FOR THE BONUS SHALL ALSO BE SUBJECT TO ADDITIONAL
 PENALTIES  UNDER SUBDIVISION FOUR OF SECTION ONE HUNDRED FORTY-FIVE-B OF
 THIS ARTICLE.
   (C) ANY EMPLOYER WHO FAILS TO PAY ANY PART OF THE BONUS PAYMENT  TO  A
 DESIGNATED  EMPLOYEE  SHALL  REMAIN  LIABLE  TO  PAY  SUCH BONUS TO THAT
 EMPLOYEE, REGARDLESS OF ANY RECOVERY, SANCTION OR PENALTY  THE  MEDICAID
 INSPECTOR GENERAL MAY IMPOSE.
   (D) IN ALL INSTANCES RECOVERY OF INAPPROPRIATE BONUS PAYMENTS SHALL BE
 RECOVERED  FROM  THE  EMPLOYER. THE EMPLOYER SHALL NOT HAVE THE RIGHT TO
 RECOVER ANY INAPPROPRIATELY PAID BONUS FROM THE EMPLOYEE.
   (E) WHERE THE MEDICAID INSPECTOR GENERAL  SANCTIONS  AN  EMPLOYER  FOR
 VIOLATIONS  UNDER THIS SECTION, THEY MAY ALSO SANCTION ANY AFFILIATES AS
 DEFINED UNDER THE REGULATIONS GOVERNING THE MEDICAL ASSISTANCE PROGRAM.
   6. RULES AND REGULATIONS. THE COMMISSIONER, IN CONSULTATION  WITH  THE
 MEDICAID  INSPECTOR  GENERAL  AS  IT RELATES TO SUBDIVISION FIVE OF THIS
 SECTION, MAY PROMULGATE RULES, TO IMPLEMENT  THIS  SECTION  PURSUANT  TO
 EMERGENCY  REGULATION;  PROVIDED, HOWEVER, THAT THIS PROVISION SHALL NOT
 BE CONSTRUED AS REQUIRING  THE  COMMISSIONER  TO  ISSUE  REGULATIONS  TO
 IMPLEMENT THIS SECTION.
   §  2.  Subparagraphs (iv) and (v) of paragraph (a) of subdivision 4 of
 section 145-b of the social services law, as amended  by  section  1  of
 part  QQ  of  chapter  56  of  the  laws of 2020, are amended to read as
 follows:
   (iv) such person arranges or contracts, by employment,  agreement,  or
 otherwise,  with an individual or entity that the person knows or should
 know is suspended or excluded from the medical assistance program at the
 time such arrangement or contract regarding activities  related  to  the
 medical assistance program is made[.];
   (v)  SUCH PERSON HAD AN OBLIGATION TO IDENTIFY, CLAIM, AND PAY A BONUS
 UNDER SUBDIVISION THREE OF SECTION THREE HUNDRED SIXTY-SEVEN-W  OF  THIS
 ARTICLE AND SUCH PERSON FAILED TO IDENTIFY, CLAIM AND PAY SUCH BONUS.
   (VI)  For purposes of this paragraph, "person" as used in subparagraph
 (i) OF THIS PARAGRAPH does not include recipients of the medical assist-
 ance program; and "person" as used in subparagraphs (ii) [--], (III) AND
 (iv) OF THIS PARAGRAPH, is as defined in paragraph  (e)  of  subdivision
 [(6)] SIX of section three hundred sixty-three-d of this [chapter] ARTI-
 CLE; AND "PERSON" AS USED IN SUBPARAGRAPH (V) OF THIS PARAGRAPH INCLUDES
 EMPLOYERS  AS  DEFINED  IN  SECTION  THREE HUNDRED SIXTY-SEVEN-W OF THIS
 ARTICLE.
   § 3. Paragraph (c) of subdivision 4 of section  145-b  of  the  social
 services  law  is  amended by adding a new subparagraph (iii) to read as
 follows:
   (III) FOR SUBPARAGRAPH (V) OF PARAGRAPH (A)  OF  THIS  SUBDIVISION,  A
 MONETARY PENALTY SHALL BE IMPOSED FOR CONDUCT DESCRIBED IN SUBPARAGRAPHS
 (I),  (II)  AND  (III)  OF  PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION
 THREE HUNDRED SIXTY-SEVEN-W OF THIS ARTICLE AND  SHALL  NOT  EXCEED  ONE
 THOUSAND DOLLARS PER FAILURE TO IDENTIFY, CLAIM AND PAY A BONUS FOR EACH
 EMPLOYEE.
   §  4.  Health care and mental hygiene worker bonuses for state employ-
 ees. 1. An employee who is employed by a  state  operated  facility,  an
 institutional or direct-care setting operated by the executive branch of
 S. 8007--A                         41                         A. 9007--A
 
 the State of New York or a public hospital operated by the state univer-
 sity of New York and who is deemed substantially equivalent to the defi-
 nition of employee pursuant to paragraph (a) of subdivision 2 of section
 367-w  of  the  social services law as determined by the commissioner of
 health, in consultation with the chancellor of the state  university  of
 New  York,  the  commissioner  of  the  department of civil service, the
 director of the office of employee relations, and the  commissioners  of
 other state agencies, as applicable, and approved by the director of the
 budget,  shall be eligible for the health care and mental hygiene worker
 bonus.  Notwithstanding the definition of base salary pursuant to  para-
 graph  (d)  of  subdivision 2 of section 367-w, such bonus shall only be
 paid to employees that receive an annualized base salary of one  hundred
 twenty-five thousand dollars or less.
   2.  Employees  shall  be  eligible  for health care and mental hygiene
 worker bonuses in an amount up  to  but  not  exceeding  three  thousand
 dollars  per employee. The payment of bonuses shall be paid based on the
 total number of hours worked during two vesting  periods  based  on  the
 employee's  start  date  with  the employer. No employee's first vesting
 period may begin later than March  thirty-first,  two  thousand  twenty-
 three,  and  in  total  both  vesting periods may not exceed one year in
 duration. For each vesting period, payments shall be in accordance  with
 the following:
   (a)  employees  who have worked an average of at least twenty but less
 than thirty hours per week over the course of  a  vesting  period  shall
 receive a five hundred dollar bonus for the vesting period;
   (b)  employees  who have worked an average of at least thirty but less
 than thirty-seven and one half hours per week over the course of a vest-
 ing period shall receive a one thousand dollar bonus  for  such  vesting
 period; and
   (c)  employees who have worked an average of at least thirty-seven and
 one half hours per week over  the  course  of  a  vesting  period  shall
 receive  a one thousand five hundred dollar bonus for such vesting peri-
 od.
   § 5. An employee under this act shall be limited to a bonus  of  three
 thousand  dollars  per  employee  without  regard  to  which  section or
 sections such employee may be eligible or whether the employee is eligi-
 ble to receive a bonus from more than one employer.
   § 6. Notwithstanding any provision of law to the contrary,  any  bonus
 payment  paid  pursuant  to  this act, to the extent includible in gross
 income for federal income tax purposes, shall not be subject to state or
 local income tax.
   § 7. This act shall take effect immediately.
 
                                  PART E
 
   Section 1. Subdivision 1 of section 605 of the public health  law,  as
 amended  by  section  20 of part E of chapter 56 of the laws of 2013, is
 amended to read as follows:
   1. A state aid base grant shall be reimbursed  to  municipalities  for
 the core public health services identified in section six hundred two of
 this  title,  in an amount of the greater of [sixty-five] ONE DOLLAR AND
 THIRTY cents per capita, [for each person in the municipality,] or  [six
 hundred  fifty  thousand  dollars] SEVEN HUNDRED FIFTY THOUSAND DOLLARS,
 provided that the municipality expends at least [six hundred fifty thou-
 sand dollars] SEVEN HUNDRED FIFTY THOUSAND DOLLARS, for such core public
 health services. A municipality must provide all the core public  health
 S. 8007--A                         42                         A. 9007--A
 
 services  identified in section six hundred two of this title to qualify
 for such base grant unless the municipality  has  the  approval  of  the
 commissioner  to  expend the base grant on a portion of such core public
 health  services.  If any services in such section are not provided, the
 commissioner [may] SHALL limit the municipality's  per  capita  or  base
 grant  to reflect the scope of the reduced services, IN AN AMOUNT NOT TO
 EXCEED FIVE HUNDRED SEVENTY-SEVEN THOUSAND  FIVE  HUNDRED  DOLLARS.  The
 commissioner  may  use  the  amount that is not granted to contract with
 agencies, associations, or organizations to provide  such  services;  or
 the  health  department  may use such proportionate share to provide the
 services upon approval of the director of the division of the budget.
   § 2. Subdivision 2 of section 605 of the public health law, as amended
 by section 1 of part O of chapter 57 of the laws of 2019, is amended  to
 read as follows:
   2.  State  aid  reimbursement for public health services provided by a
 municipality under this title, shall be  made  if  the  municipality  is
 providing  some  or all of the core public health services identified in
 section six hundred two of this title, pursuant to an approved  applica-
 tion  for  state  aid,  at a rate of no less than thirty-six per centum,
 except for the city of New York which shall receive no less than  twenty
 per  centum,  of the difference between the amount of moneys expended by
 the municipality for public health  services  required  by  section  six
 hundred  two  of  this  title  during the fiscal year and the base grant
 provided pursuant to subdivision one of this section. PROVIDED, HOWEVER,
 THAT A MUNICIPALITY'S DOCUMENTED FRINGE BENEFIT COSTS SUBMITTED UNDER AN
 APPLICATION FOR STATE AID AND OTHERWISE ELIGIBLE FOR REIMBURSEMENT UNDER
 THIS ARTICLE SHALL NOT EXCEED FIFTY PER  CENTUM  OF  THE  MUNICIPALITY'S
 ELIGIBLE PERSONNEL SERVICES. No such reimbursement shall be provided for
 services that are not eligible for state aid pursuant to this article.
   §  3.  Subdivision 2 of section 616 of the public health law, as added
 by chapter 901 of the laws of 1986, is amended, and a new subdivision  4
 is added to read as follows:
   2.  No payments shall be made from moneys appropriated for the purpose
 of this article to a municipality for contributions by the  municipality
 for  indirect  costs [and fringe benefits, including but not limited to,
 employee retirement funds, health insurance  and  federal  old  age  and
 survivors insurance].
   4.  MONEYS  APPROPRIATED FOR THE PURPOSES OF THIS ARTICLE TO A MUNICI-
 PALITY MAY INCLUDE REIMBURSEMENT OF A  MUNICIPALITY'S  FRINGE  BENEFITS,
 INCLUDING BUT NOT LIMITED TO EMPLOYEE RETIREMENT FUNDS, HEALTH INSURANCE
 AND  FEDERAL  OLD AGE AND SURVIVOR'S INSURANCE. HOWEVER, COSTS SUBMITTED
 UNDER AN APPLICATION FOR STATE AID MUST BE  CONSISTENT  WITH  A  MUNICI-
 PALITY'S  DOCUMENTED FRINGE BENEFIT COSTS AND SHALL NOT EXCEED FIFTY PER
 CENTUM OF THE MUNICIPALITY'S ELIGIBLE PERSONNEL SERVICES.
   § 4. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2022.
 
                                  PART F
 
   Section  1. Section 3002 of the public health law is amended by adding
 a new subdivision 1-a to read as follows:
   1-A.  THE STATE EMERGENCY MEDICAL SERVICES COUNCIL  SHALL  ADVISE  THE
 COMMISSIONER  ON  SUCH ISSUES AS THE COMMISSIONER MAY REQUIRE RELATED TO
 THE PROVISION OF EMERGENCY MEDICAL SERVICE, SPECIALTY  CARE,  DESIGNATED
 FACILITY CARE, AND DISASTER MEDICAL CARE, AND ASSIST IN THE COORDINATION
 OF  SUCH. THIS SHALL INCLUDE, BUT IS NOT LIMITED TO, THE RECOMMENDATION,
 S. 8007--A                         43                         A. 9007--A
 
 PERIODIC REVISION, AND APPLICATION OF RULES AND  REGULATIONS,  APPROPRI-
 ATENESS REVIEW STANDARDS, STANDARDS FOR TRIAGE, TREATMENT, AND TRANSPOR-
 TATION PROTOCOLS, WORKFORCE RECRUITMENT, DEVELOPMENT, AND RETENTION, AND
 QUALITY  IMPROVEMENT  STANDARDS.  THE  STATE  EMERGENCY MEDICAL SERVICES
 COUNCIL SHALL MEET AS FREQUENTLY AS DETERMINED NECESSARY BY THE  COMMIS-
 SIONER.
   §  2. Section 3003 of the public health law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A. EACH REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL SHALL ADVISE THE
 STATE EMERGENCY MEDICAL  SERVICES  COUNCIL,  THE  COMMISSIONER  AND  THE
 DEPARTMENT  ON SUCH ISSUES AS THE STATE EMERGENCY MEDICAL SERVICES COUN-
 CIL, THE COMMISSIONER AND THE DEPARTMENT MAY  REQUIRE,  RELATED  TO  THE
 PROVISION  OF  EMERGENCY  MEDICAL  SERVICE,  SPECIALTY  CARE, DESIGNATED
 FACILITY CARE, DISASTER MEDICAL CARE, THE WORKFORCE, AND ASSIST  IN  THE
 REGIONAL COORDINATION OF SUCH.
   §  3. The public health law is amended by adding a new section 3004 to
 read as follows:
   § 3004. EMERGENCY MEDICAL SERVICES SYSTEM  AND  AGENCY  SUSTAINABILITY
 ASSURANCE  PROGRAM. THE COMMISSIONER, WITH THE ADVICE OF THE STATE EMER-
 GENCY MEDICAL SERVICES COUNCIL, MAY CREATE AN EMERGENCY MEDICAL SERVICES
 SYSTEM AND AGENCY SUSTAINABILITY ASSURANCE PROGRAM (HEREINAFTER REFERRED
 TO AS "THE PROGRAM").  STANDARDS AND METRICS OF THE PROGRAM MAY  INCLUDE
 BUT NOT BE LIMITED TO: SAFETY INITIATIVES, EMERGENCY VEHICLE OPERATIONS,
 OPERATIONAL  COMPETENCIES,  PLANNING,  TRAINING,  ONBOARDING,  WORKFORCE
 DEVELOPMENT, AND OTHER  STANDARDS  AND  METRICS  AS  DETERMINED  BY  THE
 COMMISSIONER  IN  CONSULTATION WITH THE STATE EMERGENCY MEDICAL SERVICES
 COUNCIL, TO PROMOTE POSITIVE PATIENT  OUTCOMES,  SAFETY,  AND  EMERGENCY
 MEDICAL SERVICES SYSTEM SUSTAINABILITY THROUGHOUT THE STATE. THE COMMIS-
 SIONER  IS  HEREBY  AUTHORIZED  TO PROMULGATE REGULATIONS RELATED TO THE
 STANDARDS AND REQUIREMENTS OF THE PROGRAM, AND SHALL REQUIRE EACH  EMER-
 GENCY MEDICAL SERVICES SYSTEM AND AGENCY TO PERFORM REGULAR AND PERIODIC
 REVIEW  OF  PROGRAM  METRICS AND STANDARDS, INCLUDING BUT NOT LIMITED TO
 IDENTIFICATION OF AGENCY  DEFICIENCIES  AND  STRENGTHS,  DEVELOPMENT  OF
 PROGRAMS TO IMPROVE AGENCY METRICS, STRENGTHEN SYSTEM SUSTAINABILITY AND
 OPERATIONS,  AND  IMPROVE  THE  DELIVERY  OF  CARE.   THE DEPARTMENT MAY
 CONTRACT FOR SERVICES TO ASSIST IN THE DEVELOPMENT  AND  MAINTENANCE  OF
 THESE  METRICS  AND  STANDARDS  STATEWIDE WITH SUBJECT MATTER EXPERTS TO
 ASSIST IN THE OVERSIGHT OF THESE METRICS STATEWIDE. THE  DEPARTMENT  MAY
 DELEGATE AUTHORITY TO OVERSEE THESE METRICS AND STANDARDS TO COUNTIES OR
 OTHER  CONTRACTORS  AS DETERMINED BY THE COMMISSIONER. EMERGENCY MEDICAL
 SERVICES AGENCIES THAT DO NOT MEET THE STANDARDS  AND  REQUIREMENTS  SET
 FORTH  IN THE PROGRAM SET BY THE COMMISSIONER MAY BE SUBJECT TO ENFORCE-
 MENT ACTIONS, INCLUDING  BUT  NOT  LIMITED  TO  REVOCATION,  SUSPENSION,
 PERFORMANCE  IMPROVEMENT  PLANS,  OR  RESTRICTION FROM SPECIFIC TYPES OF
 RESPONSE SUCH AS BUT NOT LIMITED TO SUSPENSION OF ABILITY TO RESPOND  TO
 REQUESTS  FOR  EMERGENCY  MEDICAL  ASSISTANCE  OR  TO  PERFORM EMERGENCY
 MEDICAL SERVICES.
   § 4. The public health law is amended by adding a new section 3018  to
 read as follows:
   §  3018. STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SYSTEM PLAN. 1. THE
 DEPARTMENT, IN CONSULTATION WITH THE STATE  EMERGENCY  MEDICAL  SERVICES
 COUNCIL,  SHALL DEVELOP AND MAINTAIN A STATEWIDE COMPREHENSIVE EMERGENCY
 MEDICAL SYSTEM PLAN THAT  SHALL  PROVIDE  FOR  A  COORDINATED  EMERGENCY
 MEDICAL SYSTEM IN NEW YORK STATE, INCLUDING BUT NOT BE LIMITED TO:
   (A)   ESTABLISHING A COMPREHENSIVE STATEWIDE EMERGENCY MEDICAL SYSTEM,
 INCORPORATING  FACILITIES,  AGENCY  TYPES,  TRANSPORTATION,   WORKFORCE,
 S. 8007--A                         44                         A. 9007--A
 
 COMMUNICATIONS,  AND OTHER COMPONENTS OF THE EMERGENCY MEDICAL SYSTEM TO
 IMPROVE THE DELIVERY OF EMERGENCY MEDICAL SERVICES AND THEREBY  DECREASE
 MORBIDITY, HOSPITALIZATION, DISABILITY, AND MORTALITY;
   (B)    IMPROVING  THE  ACCESSIBILITY OF HIGH-QUALITY EMERGENCY MEDICAL
 SERVICE;
   (C)  COORDINATING PROFESSIONAL MEDICAL ORGANIZATIONS,  HOSPITALS,  AND
 OTHER  PUBLIC  AND  PRIVATE  AGENCIES IN DEVELOPING ALTERNATIVE DELIVERY
 MODELS WHEREBY PERSONS WHO ARE PRESENTLY USING  THE  EXISTING  EMERGENCY
 DEPARTMENT  FOR  ROUTINE,  NONURGENT, PRIMARY MEDICAL CARE MAY BE SERVED
 MORE APPROPRIATELY; AND
   (D)  CONDUCTING, PROMOTING, AND ENCOURAGING PROGRAMS OF EDUCATION  AND
 TRAINING  DESIGNED  TO  UPGRADE  THE  KNOWLEDGE  AND SKILLS OF EMERGENCY
 MEDICAL SERVICE PRACTITIONERS TRAINING THROUGHOUT NEW  YORK  STATE  WITH
 EMPHASIS  ON  REGIONS  WITH LIMITED ACCESS TO EMERGENCY MEDICAL SERVICES
 TRAINING.
   2. THE STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SYSTEM PLAN SHALL  BE
 REVIEWED,  UPDATED  IF  NECESSARY, AND PUBLISHED EVERY FIVE YEARS ON THE
 DEPARTMENT'S WEBSITE, OR AT SUCH TIMES AS MAY BE  NECESSARY  TO  IMPROVE
 THE  EFFECTIVENESS  AND  EFFICIENCY  OF  THE  STATE'S  EMERGENCY MEDICAL
 SERVICE SYSTEM.
   3. EACH REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL SHALL DEVELOP  AND
 MAINTAIN  A  COMPREHENSIVE  REGIONAL  EMERGENCY  MEDICAL SYSTEM PLAN, OR
 ADAPT THE STATEWIDE  COMPREHENSIVE  EMERGENCY  MEDICAL  SYSTEM  PLAN  TO
 PROVIDE  FOR  A  COORDINATED EMERGENCY MEDICAL SYSTEM WITHIN THE REGION.
 SUCH PLANS SHALL BE SUBJECT TO REVIEW BY  THE  STATE  EMERGENCY  MEDICAL
 SERVICES COUNCIL AND APPROVAL BY THE DEPARTMENT.
   4. EACH COUNTY SHALL DEVELOP AND MAINTAIN A COMPREHENSIVE COUNTY EMER-
 GENCY MEDICAL SYSTEM PLAN THAT SHALL PROVIDE FOR A COORDINATED EMERGENCY
 MEDICAL SYSTEM WITHIN THE COUNTY.  SUCH PLANS SHALL BE SUBJECT TO REVIEW
 BY  THE REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL, THE STATE EMERGENCY
 MEDICAL SERVICES COUNCIL AND APPROVAL BY THE DEPARTMENT. THE  DEPARTMENT
 SHALL  BE  RESPONSIBLE  FOR  OVERSIGHT  OF EACH COUNTY'S COMPLIANCE WITH
 THEIR PLAN.
   5. THE COMMISSIONER MAY PROMULGATE REGULATIONS  TO  ENSURE  COMPLIANCE
 WITH THIS SECTION.
   §  5. The public health law is amended by adding a new section 3019 to
 read as follows:
   § 3019. EMERGENCY MEDICAL SERVICES TRAINING PROGRAM. 1.   THE  DEPART-
 MENT  SHALL  ESTABLISH, IN CONSULTATION WITH THE STATE EMERGENCY MEDICAL
 SERVICES COUNCIL, A TRAINING PROGRAM FOR EMERGENCY MEDICAL SERVICES THAT
 INCLUDES STUDENTS, EMERGENCY MEDICAL  SERVICE  PRACTITIONERS,  AGENCIES,
 FACILITIES,  AND  PERSONNEL,  AND  THE  COMMISSIONER MAY PROVIDE FUNDING
 WITHIN THE AMOUNT APPROPRIATED TO  CONDUCT  SUCH  TRAINING  PROGRAMS  IN
 CONSULTATION  WITH  THE STATE EMERGENCY MEDICAL SERVICES COUNCIL.  UNTIL
 SUCH TIME AS THE DEPARTMENT ANNOUNCES THE TRAINING PROGRAM  PURSUANT  TO
 THIS  SECTION  IS  IN  EFFECT,  ALL  CURRENT STANDARDS, CURRICULUMS, AND
 REQUIREMENTS FOR  STUDENTS,  EMERGENCY  MEDICAL  SERVICE  PRACTITIONERS,
 AGENCIES, FACILITIES, AND PERSONNEL SHALL REMAIN IN EFFECT.
   2.  THE  DEPARTMENT,  IN CONSULTATION WITH THE STATE EMERGENCY MEDICAL
 SERVICES COUNCIL, SHALL ESTABLISH MINIMUM EDUCATION  STANDARDS,  CURRIC-
 ULUMS  AND  REQUIREMENTS  FOR  ALL  EMERGENCY  MEDICAL SERVICES TRAINING
 PROGRAMS. NO PERSON SHALL PROFESS TO PROVIDE EMERGENCY MEDICAL  SERVICES
 TRAINING WITHOUT THE APPROVAL OF THE DEPARTMENT.
   3. THE DEPARTMENT IS AUTHORIZED TO PROVIDE, EITHER DIRECTLY OR THROUGH
 CONTRACT,  EMERGENCY  MEDICAL  SERVICES  TRAINING  FOR EMERGENCY MEDICAL
 SERVICE PRACTITIONERS AND EMERGENCY MEDICAL SYSTEM  SERVICES  PERSONNEL,
 S. 8007--A                         45                         A. 9007--A
 
 DEVELOP AND DISTRIBUTE TRAINING MATERIALS FOR USE BY INSTRUCTORS, AND TO
 RECRUIT  AND  OFFER TRAINING TO ADDITIONAL INSTRUCTORS TO PROVIDE TRAIN-
 ING.
   4.  THE  DEPARTMENT MAY VISIT AND INSPECT ANY EMERGENCY MEDICAL SYSTEM
 TRAINING PROGRAM OR TRAINING CENTER OPERATING UNDER THIS ARTICLE AND THE
 REGULATIONS ADOPTED THEREFORE TO ENSURE COMPLIANCE.  THE DEPARTMENT  MAY
 DELEGATE  RESPONSIBILITIES  TO  THE  STATE OR REGIONAL EMERGENCY MEDICAL
 SERVICES COUNCILS TO ASSIST IN THE COMPLIANCE, MAINTENANCE, AND  COORDI-
 NATION OF TRAINING PROGRAMS.
   5.  THE  COMMISSIONER  SHALL, WITHIN AMOUNTS APPROPRIATED, ESTABLISH A
 PUBLIC SERVICE CAMPAIGN TO RECRUIT ADDITIONAL PERSONNEL INTO  THE  EMER-
 GENCY MEDICAL SYSTEM FIELDS.
   6.  THE  COMMISSIONER SHALL, WITHIN AMOUNTS APPROPRIATED, ESTABLISH AN
 EMERGENCY  MEDICAL  SYSTEM  MENTAL  HEALTH  AND  WELLNESS  PROGRAM  THAT
 PROVIDES  RESOURCES TO EMERGENCY MEDICAL SERVICE PRACTITIONERS TO REDUCE
 BURNOUT, PREVENT SUICIDES, AND INCREASE SAFETY.
   7. THE DEPARTMENT, IN CONSULTATION WITH THE  STATE  EMERGENCY  MEDICAL
 SERVICES  COUNCIL,  MAY CREATE OR ADOPT WITH THE APPROVAL OF THE COMMIS-
 SIONER ADDITIONAL STANDARDS, TRAINING AND CRITERIA TO BECOME A  CREDENT-
 IALLED  EMERGENCY  MEDICAL  SERVICE PRACTITIONER TO PROVIDE SPECIALIZED,
 ADVANCED, OR OTHER SERVICES THAT FURTHER SUPPORT OR ADVANCE THE EMERGEN-
 CY MEDICAL SYSTEM.
   § 6. Section 3008 of the public health law is amended by adding a  new
 subdivision 8 to read as follows:
   8.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL DETERMINATIONS
 OF NEED SHALL BE CONSISTENT WITH THE STATE EMERGENCY MEDICAL SYSTEM PLAN
 ESTABLISHED IN SECTION THREE THOUSAND  EIGHTEEN  OF  THIS  ARTICLE.  THE
 COMMISSIONER  MAY PROMULGATE REGULATIONS TO PROVIDE FOR THE STANDARDS ON
 THE DETERMINATION OF NEED.   UNTIL SUCH  TIME  AS  THE  STATE  EMERGENCY
 MEDICAL  SYSTEM  PLAN IS ESTABLISHED, THE DEFINITION OF DETERMINATION OF
 NEED WILL BE DEVELOPED BY THE DEPARTMENT IN CONSULTATION WITH THE  STATE
 EMERGENCY  MEDICAL  SERVICES COUNCIL.   THE DEPARTMENT SHALL ISSUE A NEW
 EMERGENCY MEDICAL SYSTEM AGENCY CERTIFICATE ONLY  UPON  A  DETERMINATION
 THAT  A PUBLIC NEED FOR THE PROPOSED SERVICE HAS BEEN ESTABLISHED PURSU-
 ANT TO REGULATION.   IF THE DEPARTMENT DETERMINES  THAT  A  PUBLIC  NEED
 EXISTS  FOR  ONLY  A PORTION OF A PROPOSED SERVICE, A CERTIFICATE MAY BE
 ISSUED FOR THAT PORTION.   PRIOR TO REACHING A  FINAL  DETERMINATION  OF
 NEED,  THE  DEPARTMENT  SHALL  FORWARD A SUMMARY OF THE PROPOSED SERVICE
 INCLUDING ANY DOCUMENTATION RECEIVED OR SUBSEQUENT REPORTS CREATED THER-
 ETO, TO THE STATE EMERGENCY MEDICAL  SERVICES  COUNCIL  FOR  REVIEW  AND
 RECOMMENDATION TO THE DEPARTMENT ON THE APPROVAL OF THE APPLICATION.  AN
 APPLICANT  OR OTHER CONCERNED PARTY MAY APPEAL ANY DETERMINATION MADE BY
 THE DEPARTMENT PURSUANT TO THIS SECTION WITHIN  FOURTEEN  DAYS.  APPEALS
 SHALL  BE  HEARD  PURSUANT TO THE PROVISIONS OF SECTION TWELVE-A OF THIS
 CHAPTER, AND A FINAL DETERMINATION AS TO  NEED  SHALL  BE  MADE  BY  THE
 COMMISSIONER UPON REVIEW OF THE REPORT AND RECOMMENDATION OF THE PRESID-
 ING ADMINISTRATIVE LAW JUDGE.
   (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, THE COMMISSIONER MAY PROMULGATE REGULATIONS  TO  PROVIDE  FOR  THE
 ISSUANCE  OF  AN  EMERGENCY  MEDICAL SYSTEM AGENCY CERTIFICATE WITHOUT A
 DETERMINATION OF PUBLIC NEED.
   § 7. Subdivision 1 of section  3001  of  the  public  health  law,  as
 amended  by  chapter  804  of  the  laws  of 1992, is amended to read as
 follows:
   1.  "Emergency  medical  service"  means  [initial  emergency  medical
 assistance  including,  but  not  limited  to,  the treatment of trauma,
 S. 8007--A                         46                         A. 9007--A

 burns, respiratory, circulatory and obstetrical emergencies] CARE  OF  A
 PERSON  TO, FROM, AT, IN, OR BETWEEN THE PERSON'S HOME, SCENE OF INJURY,
 HOSPITALS, HEALTH CARE FACILITIES, PUBLIC EVENTS OR OTHER LOCATIONS,  BY
 EMERGENCY  MEDICAL SERVICES PRACTITIONERS AS A PATIENT CARE TEAM MEMBER,
 FOR EMERGENCY, NON-EMERGENCY, SPECIALTY, LOW  ACUITY,  PREVENTATIVE,  OR
 INTERFACILITY  CARE; EMERGENCY AND NON-EMERGENCY MEDICAL DISPATCH; COOR-
 DINATION OF EMERGENCY MEDICAL SYSTEM EQUIPMENT  AND  PERSONNEL;  ASSESS-
 MENT;  TREATMENT,  TRANSPORTATION, ROUTING, REFERRALS AND COMMUNICATIONS
 WITH TREATMENT FACILITIES AND MEDICAL PERSONNEL; PUBLIC EDUCATION, INJU-
 RY PREVENTION AND WELLNESS INITIATIVES; ADMINISTRATION OF  IMMUNIZATIONS
 AS  APPROVED  BY  THE  STATE  EMERGENCY  MEDICAL  SERVICES  COUNCIL; AND
 FOLLOW-UP AND RESTORATIVE CARE.
   § 8. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2022.
 
                                  PART G
 
   Section  1. Notwithstanding any other provision of law, rule, or regu-
 lation to the contrary, the following articles of title 8 of the  educa-
 tion  law  governing  the healthcare professions are hereby REPEALED and
 all removed provisions, and  all  powers  authorized  pursuant  to  such
 provisions, are hereby added to the public health law under the authori-
 ty  of the commissioner of health, pursuant to a plan to be proposed not
 inconsistent with this section, which shall include the text of the  new
 laws to be adopted.
   Article 131 MEDICINE
   Article 131-A  DEFINITIONS  OF  PROFESSIONAL  MISCONDUCT APPLICABLE TO
 PHYSICIANS, PHYSICIAN'S ASSISTANTS AND SPECIALIST'S ASSISTANTS
   Article 131-B PHYSICIAN ASSISTANTS
   Article 131-C SPECIALIST ASSISTANTS
   Article 132 CHIROPRACTIC
   Article 133 DENTISTRY, DENTAL HYGIENE, AND REGISTERED DENTAL ASSISTING
   Article 134 LICENSED PERFUSIONISTS
   Article 136 PHYSICAL THERAPY AND PHYSICAL THERAPIST ASSISTANTS
   Article 137 PHARMACY
   Article 137-A REGISTERED PHARMACY TECHNICIANS
   Article 139 NURSING
   Article 140 PROFESSIONAL MIDWIFERY PRACTICE ACT
   Article 141 PODIATRY
   Article 143 OPTOMETRY
   Article 144 OPHTHALMIC DISPENSING
   Article 153 PSYCHOLOGY
   Article 154 SOCIAL WORK
   Article 155 MASSAGE THERAPY
   Article 156 OCCUPATIONAL THERAPY
   Article 157 DIETETICS AND NUTRITION
   Article 159 SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
   Article 160 ACUPUNCTURE
   Article 162 ATHLETIC TRAINERS
   Article 163 MENTAL HEALTH PRACTITIONERS
   Article 164 RESPIRATORY THERAPISTS AND RESPIRATORY THERAPY TECHNICIANS
   Article 165 CLINICAL LABORATORY TECHNOLOGY PRACTICE ACT
   Article 166 MEDICAL PHYSICS PRACTICE
   Article 167 APPLIED BEHAVIOR ANALYSIS
   Article 168 LICENSED PATHOLOGISTS' ASSISTANTS
 S. 8007--A                         47                         A. 9007--A
 
   § 2. Transfer of functions, powers, duties and  obligations.  Notwith-
 standing  any  inconsistent provisions of law to the contrary, effective
 January 1, 2023, all functions, powers, duties and  obligations  of  the
 education department concerning the professions of medicine, physicians,
 physicians  assistants,  specialist assistants, chiropractic, dentistry,
 dental hygiene, registered  dental  assisting,  perfusionists,  physical
 therapy,  physical  therapy  assistants,  pharmacy,  registered pharmacy
 technicians,  nursing,  professional  midwifery,  podiatry,   optometry,
 ophthalmic dispensing, psychology, social work, massage therapy, occupa-
 tional  therapy,  dietetics  and nutrition, speech-language pathologists
 and audiologist, acupuncture, athletic trainers, mental  health  practi-
 tioners,  respiratory therapists, respiratory therapy technicians, clin-
 ical laboratory technology, medical physics, applied behavior  analysis,
 and licensed pathologists' assistants under title 8 of the education law
 shall be transferred to the New York state department of health.
   §  3. Transfer of records. All books, papers and property of the state
 education department with respect to the functions,  powers  and  duties
 transferred by sections one through nine of this act are to be delivered
 to  the  appropriate  offices  within  the department of health, at such
 place and time, and in such manner as the department of health requires.
   § 4. Continuity of  authority.  For  the  purpose  of  all  functions,
 powers,  duties and obligations of the state education department trans-
 ferred to and assumed by the department of  health,  the  department  of
 health shall continue the operation of the provisions previously done by
 the state education department, pursuant to sections one through nine of
 this act.
   §  5.  Completion of unfinished business. Any business or other matter
 undertaken or commenced by the state education department pertaining  to
 or  connected  with the functions, powers, duties and obligations hereby
 transferred and assigned to the department of health and pending on  the
 effective  date  of  January 1, 2023 shall be conducted and completed by
 the department of health in the same manner and under the same terms and
 conditions and with the same effect as if conducted and completed by the
 state education department.
   § 6. Continuation of rules and regulations.  All  rules,  regulations,
 acts,  orders,  determinations,  and  decisions  of  the state education
 department in force at the time of such transfer and  assumption,  shall
 continue in force and effect as rules, regulations, acts, orders, deter-
 minations  and decisions of the department of health until duly modified
 or abrogated by the department of health.
   § 7. Terms occurring in laws, contracts  and  other  documents.  When-
 ever  the state education department is referred to or designated in any
 law, contract or document pertaining to  the  functions,  powers,  obli-
 gations  and  duties  hereby transferred and assigned, such reference or
 designation shall be deemed to refer to  department  of  health  or  the
 commissioner thereof.
   §  8.  Existing  rights  and  remedies preserved. No existing right or
 remedy of any character shall be lost, impaired or affected by reason of
 sections one through nine of this act.
   § 9. Pending actions or proceedings. No action or  proceeding  pending
 at the time when sections one through nine of this act shall take effect
 relating  to  the  functions,  powers  and duties of the state education
 department transferred pursuant to sections one  through  nine  of  this
 act,  brought  by  or against the state education department or board of
 regents shall be affected by any provision of sections one  through  one
 hundred forty of this act, but the same may be prosecuted or defended in
 S. 8007--A                         48                         A. 9007--A
 
 the  name  of  commissioner  of  the  department  of health. In all such
 actions and proceedings, the commissioner of health, upon application to
 the court, shall be substituted as a party.
   § 10. This act shall take effect January 1, 2023.
 
                                  PART H
 
   Section  1. Subdivision 1 of section 91 of part H of chapter 59 of the
 laws of 2011, amending the public health law and other laws relating  to
 general hospital reimbursement for annual rates, as amended by section 2
 of  part  A  of  chapter  56  of the laws of 2013, is amended to read as
 follows:
   1. Notwithstanding any inconsistent provision of state  law,  rule  or
 regulation  to  the  contrary,  subject to federal approval, the year to
 year rate of growth of department of health state funds Medicaid  spend-
 ing shall not exceed the [ten] FIVE year rolling average of the [medical
 component  of the consumer price index as published by the United States
 department of labor, bureau  of  labor  statistics,]  MEDICAID  SPENDING
 ANNUAL  GROWTH  RATE  PROJECTIONS WITHIN THE NATIONAL HEALTH EXPENDITURE
 ACCOUNTS PRODUCED BY THE OFFICE OF THE ACTUARY IN  THE  FEDERAL  CENTERS
 FOR  MEDICARE  AND MEDICAID SERVICES for the preceding [ten] FIVE years;
 provided, however, that for state  fiscal  year  2013-14  and  for  each
 fiscal  year  thereafter,  the  maximum allowable annual increase in the
 amount of department of health state funds Medicaid  spending  shall  be
 calculated  by multiplying the department of health state funds Medicaid
 spending for the previous year, minus the amount of  any  department  of
 health  state  operations  spending included therein, by such [ten] FIVE
 year rolling average.
   § 2. Paragraph (a) of subdivision 1 of section 92 of part H of chapter
 59 of the laws of 2011, amending the public health law  and  other  laws
 relating  to  relating to known and projected department of health state
 fund Medicaid expenditures, as amended by section 1 of part A of chapter
 57 of the laws of 2021, is amended to read as follows:
   (a) For state fiscal years  2011-12  through  [2021-22]  2023-24,  the
 director  of the budget, in consultation with the commissioner of health
 referenced as "commissioner" for purposes of this section, shall  assess
 on  a  quarterly  basis,  as  reflected in quarterly reports pursuant to
 subdivision five of this  section  known  and  projected  department  of
 health  state  funds medicaid expenditures by category of service and by
 geographic regions, as defined by the commissioner.
   § 3. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2022.
 
                                  PART I
 
   Section  1.  1.  Notwithstanding any provision of law to the contrary,
 for the state fiscal years beginning April 1, 2022, and thereafter,  all
 department of health Medicaid payments made for services provided on and
 after  April 1, 2022, shall be subject to a uniform rate increase of one
 percent, subject to the approval of the commissioner of  the  department
 of  health  and  director  of  the  budget.  Such rate increase shall be
 subject to federal financial participation.
   2. The following types of payments  shall  be  exempt  from  increases
 pursuant to this section:
 S. 8007--A                         49                         A. 9007--A
 
   (a) payments that would violate federal law including, but not limited
 to,  hospital disproportionate share payments that would be in excess of
 federal statutory caps;
   (b)  payments  made by other state agencies including, but not limited
 to, those made pursuant to articles 16, 31 and 32 of the mental  hygiene
 law;
   (c)  payments  the state is obligated to make pursuant to court orders
 or judgments;
   (d) payments for which the non-federal  share  does  not  reflect  any
 state funding; and
   (e)  at  the discretion of the commissioner of health and the director
 of the budget, payments with regard  to  which  it  is  determined  that
 application of increases pursuant to this section would result, by oper-
 ation  of  federal law, in a lower federal medical assistance percentage
 applicable to such payments.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2022.
 
                                  PART J
 
   Section  1.  Paragraph  (c) of subdivision 35 of section 2807-c of the
 public health law, as amended by section 32 of part C of chapter  60  of
 the laws of 2014, is amended to read as follows:
   (c)  The  base period reported costs and statistics used for rate-set-
 ting for operating cost components, including the  weights  assigned  to
 diagnostic  related  groups,  shall  be  updated no less frequently than
 every four years and the new base period [shall] MAY  be  no  more  than
 four  years prior to the first applicable rate period that utilizes such
 new base period provided, however, that the first  updated  base  period
 shall begin on or after April first, two thousand fourteen, but no later
 than  July  first,  two thousand fourteen; AND FURTHER PROVIDED THAT THE
 UPDATED BASE PERIOD SUBSEQUENT TO  JULY  FIRST,  TWO  THOUSAND  EIGHTEEN
 SHALL BEGIN ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022.
 
                                  PART K
 
   Section 1. The public health law is amended by adding  a  new  section
 2825-g to read as follows:
   §  2825-G. HEALTH CARE FACILITY TRANSFORMATION PROGRAM:  STATEWIDE IV.
 1. A STATEWIDE HEALTH CARE FACILITY  TRANSFORMATION  PROGRAM  IS  HEREBY
 ESTABLISHED WITHIN THE DEPARTMENT FOR THE PURPOSE OF TRANSFORMING, REDE-
 SIGNING,  AND  STRENGTHENING  QUALITY  HEALTH CARE SERVICES IN ALIGNMENT
 WITH STATEWIDE AND REGIONAL  HEALTH  CARE  NEEDS,  AND  IN  THE  ONGOING
 PANDEMIC  RESPONSE.  THE  PROGRAM SHALL ALSO PROVIDE FUNDING, SUBJECT TO
 LAWFUL APPROPRIATION, IN SUPPORT OF  CAPITAL  PROJECTS  THAT  FACILITATE
 FURTHERING SUCH TRANSFORMATIONAL GOALS.
   2.  THE  COMMISSIONER SHALL ENTER INTO AN AGREEMENT WITH THE DORMITORY
 AUTHORITY OF THE STATE OF NEW YORK PURSUANT TO SECTION  SIXTEEN  HUNDRED
 EIGHTY-R OF THE PUBLIC AUTHORITIES LAW, WHICH SHALL APPLY TO THIS AGREE-
 MENT,  SUBJECT  TO  THE  APPROVAL OF THE DIRECTOR OF THE DIVISION OF THE
 BUDGET, FOR THE PURPOSES OF  THE  DISTRIBUTION,  AND  ADMINISTRATION  OF
 AVAILABLE FUNDS, PURSUANT TO SUCH AGREEMENT, AND MADE AVAILABLE PURSUANT
 TO  THIS  SECTION  AND  APPROPRIATION.  SUCH  FUNDS  MAY  BE AWARDED AND
 DISTRIBUTED BY THE DEPARTMENT  FOR  GRANTS  TO  HEALTH  CARE  FACILITIES
 S. 8007--A                         50                         A. 9007--A
 
 INCLUDING BUT NOT LIMITED TO, HOSPITALS, RESIDENTIAL HEALTH CARE FACILI-
 TIES, ADULT CARE FACILITIES LICENSED UNDER TITLE TWO OF ARTICLE SEVEN OF
 THE  SOCIAL  SERVICES LAW, DIAGNOSTIC AND TREATMENT CENTERS, AND CLINICS
 LICENSED  PURSUANT TO THIS CHAPTER OR THE MENTAL HYGIENE LAW, CHILDREN'S
 RESIDENTIAL TREATMENT FACILITIES LICENSED PURSUANT TO ARTICLE THIRTY-ONE
 OF THE MENTAL HYGIENE LAW, ASSISTED  LIVING  PROGRAMS  APPROVED  BY  THE
 DEPARTMENT  PURSUANT  TO  SECTION FOUR HUNDRED SIXTY-ONE-L OF THE SOCIAL
 SERVICES LAW, BEHAVIORAL HEALTH FACILITIES LICENSED PURSUANT TO ARTICLES
 THIRTY-ONE AND THIRTY-TWO OF THE MENTAL  HYGIENE  LAW,  AND  INDEPENDENT
 PRACTICE  ASSOCIATIONS  OR  ORGANIZATIONS. A COPY OF SUCH AGREEMENT, AND
 ANY AMENDMENTS THERETO, SHALL BE PROVIDED BY THE DEPARTMENT TO THE CHAIR
 OF THE SENATE FINANCE COMMITTEE, THE CHAIR  OF  THE  ASSEMBLY  WAYS  AND
 MEANS COMMITTEE, AND THE DIRECTOR OF THE DIVISION OF THE BUDGET NO LATER
 THAN  THIRTY  DAYS AFTER SUCH AGREEMENT IS FINALIZED.  PROJECTS AWARDED,
 IN WHOLE OR PART, UNDER SECTIONS TWENTY-EIGHT HUNDRED TWENTY-FIVE-A  AND
 TWENTY-EIGHT HUNDRED TWENTY-FIVE-B OF THIS ARTICLE SHALL NOT BE ELIGIBLE
 FOR GRANTS OR AWARDS MADE AVAILABLE UNDER THIS SECTION.
   3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION OR ANY INCONSISTENT
 PROVISION  OF  LAW TO THE CONTRARY, AND UPON APPROVAL OF THE DIRECTOR OF
 THE BUDGET, THE COMMISSIONER MAY, SUBJECT TO THE AVAILABILITY OF  LAWFUL
 APPROPRIATION,  AWARD  UP  TO  FOUR HUNDRED FIFTY MILLION DOLLARS OF THE
 FUNDS MADE AVAILABLE PURSUANT  TO  THIS  SECTION  FOR  UNFUNDED  PROJECT
 APPLICATIONS SUBMITTED IN RESPONSE TO THE REQUEST FOR APPLICATION NUMBER
 18406  ISSUED  BY  THE  DEPARTMENT  ON SEPTEMBER THIRTIETH, TWO THOUSAND
 TWENTY-ONE PURSUANT TO SECTION  TWENTY-EIGHT  HUNDRED  TWENTY-FIVE-F  OF
 THIS  ARTICLE. AUTHORIZED AMOUNTS TO BE AWARDED PURSUANT TO APPLICATIONS
 SUBMITTED IN RESPONSE TO THE REQUEST FOR APPLICATION NUMBER 18406  SHALL
 BE AWARDED NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO.
 PROVIDED, HOWEVER, THAT A MINIMUM OF:
   (A)  TWENTY-FIVE  MILLION DOLLARS OF TOTAL AWARDED FUNDS SHALL BE MADE
 TO COMMUNITY-BASED HEALTH CARE PROVIDERS, WHICH  FOR  PURPOSES  OF  THIS
 SECTION  SHALL  BE DEFINED AS A DIAGNOSTIC AND TREATMENT CENTER LICENSED
 OR GRANTED AN OPERATING CERTIFICATE UNDER THIS ARTICLE;
   (B) TWENTY-FIVE MILLION DOLLARS OF TOTAL AWARDED FUNDS SHALL  BE  MADE
 TO  A  MENTAL HEALTH CLINIC LICENSED OR GRANTED AN OPERATING CERTIFICATE
 UNDER ARTICLE THIRTY-ONE OF THE MENTAL  HYGIENE  LAW;  A  SUBSTANCE  USE
 DISORDER  TREATMENT  CLINIC LICENSED OR GRANTED AN OPERATING CERTIFICATE
 UNDER ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW; INDEPENDENT PRACTICE
 ASSOCIATIONS OR ORGANIZATIONS; A CLINIC LICENSED OR GRANTED AN OPERATING
 CERTIFICATE UNDER ARTICLE SIXTEEN OF THE MENTAL HYGIENE LAW; A HOME CARE
 PROVIDER CERTIFIED OR LICENSED PURSUANT TO ARTICLE  THIRTY-SIX  OF  THIS
 CHAPTER; OR HOSPICES LICENSED OR GRANTED AN OPERATING CERTIFICATE PURSU-
 ANT TO ARTICLE FORTY OF THIS CHAPTER; AND
   (C)  FIFTY  MILLION  DOLLARS  OF  TOTAL AWARDED FUNDS SHALL BE MADE TO
 RESIDENTIAL HEALTH CARE FACILITIES OR ADULT CARE FACILITIES.
   4. NOTWITHSTANDING SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED  SIXTY-
 THREE  OF  THE STATE FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND ONE
 HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, OR ANY INCONSISTENT
 PROVISION OF LAW TO THE CONTRARY, UP TO TWO HUNDRED MILLION  DOLLARS  OF
 THE  FUNDS  APPROPRIATED  FOR  THIS  PROGRAM SHALL BE AWARDED, WITHOUT A
 COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS, FOR  GRANTS  TO  HEALTH
 CARE  PROVIDERS FOR PURPOSES OF MODERNIZATION OF AN EMERGENCY DEPARTMENT
 OF REGIONAL SIGNIFICANCE. FOR PURPOSES OF THIS SUBDIVISION, AN EMERGENCY
 DEPARTMENT SHALL BE CONSIDERED TO HAVE REGIONAL SIGNIFICANCE IF IT:  (A)
 SERVES  AS  LEVEL 1 TRAUMA CENTER WITH THE HIGHEST VOLUME IN ITS REGION;
 (B) INCLUDES  THE  CAPACITY  TO  SEGREGATE  PATIENTS  WITH  COMMUNICABLE
 S. 8007--A                         51                         A. 9007--A
 
 DISEASES,  TRAUMA OR SEVERE BEHAVIORAL HEALTH ISSUES FROM OTHER PATIENTS
 IN THE EMERGENCY DEPARTMENT; (C) PROVIDES TRAINING IN EMERGENCY CARE AND
 TRAUMA CARE TO RESIDENTS FROM MULTIPLE HOSPITALS IN THE REGION; AND  (D)
 SERVES A HIGH PROPORTION OF MEDICAID PATIENTS.
   5.  (A)  NOTWITHSTANDING  SECTIONS  ONE HUNDRED TWELVE AND ONE HUNDRED
 SIXTY-THREE OF THE STATE FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND
 ONE HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, OR  ANY  INCON-
 SISTENT  PROVISION  OF  LAW  TO  THE CONTRARY, UP TO SEVEN HUNDRED FIFTY
 MILLION DOLLARS OF THE FUNDS APPROPRIATED  FOR  THIS  PROGRAM  SHALL  BE
 AWARDED,  WITHOUT A COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS, FOR
 GRANTS TO HEALTH CARE PROVIDERS (HEREAFTER "APPLICANTS").
   (B) AWARDS MADE PURSUANT TO THIS  SUBDIVISION  SHALL  PROVIDE  FUNDING
 ONLY  FOR CAPITAL PROJECTS, TO THE EXTENT LAWFUL APPROPRIATION AND FUND-
 ING IS AVAILABLE, TO BUILD INNOVATIVE, PATIENT-CENTERED MODELS OF  CARE,
 INCREASE  ACCESS  TO  CARE, TO IMPROVE THE QUALITY OF CARE AND TO ENSURE
 FINANCIAL SUSTAINABILITY OF HEALTH CARE PROVIDERS.
   6. NOTWITHSTANDING SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED  SIXTY-
 THREE  OF  THE STATE FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND ONE
 HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, OR ANY INCONSISTENT
 PROVISION OF LAW TO THE  CONTRARY,  UP  TO  ONE  HUNDRED  FIFTY  MILLION
 DOLLARS  OF  THE  FUNDS  APPROPRIATED FOR THIS PROGRAM SHALL BE AWARDED,
 WITHOUT A COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS,  FOR  TECHNO-
 LOGICAL AND TELEHEALTH TRANSFORMATION PROJECTS.
   7.  NOTWITHSTANDING SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED SIXTY-
 THREE OF THE STATE FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO  AND  ONE
 HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, OR ANY INCONSISTENT
 PROVISION  OF  LAW  TO  THE CONTRARY, UP TO FIFTY MILLION DOLLARS OF THE
 FUNDS APPROPRIATED FOR THIS PROGRAM SHALL BE AWARDED, WITHOUT A  COMPET-
 ITIVE BID OR A REQUEST FOR PROPOSAL PROCESS, TO RESIDENTIAL AND COMMUNI-
 TY-BASED ALTERNATIVES TO THE TRADITIONAL MODEL OF NURSING HOME CARE.
   8. SELECTION OF AWARDS MADE BY THE DEPARTMENT PURSUANT TO SUBDIVISIONS
 THREE,  FOUR, FIVE, SIX AND SEVEN OF THIS SECTION SHALL BE CONTINGENT ON
 AN EVALUATION PROCESS ACCEPTABLE TO THE COMMISSIONER AND APPROVED BY THE
 DIRECTOR OF THE DIVISION OF THE BUDGET. DISBURSEMENT OF  AWARDS  MAY  BE
 CONTINGENT  ON  ACHIEVING  CERTAIN  PROCESS  AND PERFORMANCE METRICS AND
 MILESTONES THAT ARE STRUCTURED TO ENSURE THAT THE GOALS OF  THE  PROJECT
 ARE ACHIEVED.
   9.  THE  DEPARTMENT SHALL PROVIDE A REPORT ON A QUARTERLY BASIS TO THE
 CHAIRS OF THE SENATE FINANCE, ASSEMBLY WAYS AND MEANS,  AND  SENATE  AND
 ASSEMBLY HEALTH COMMITTEES, UNTIL SUCH TIME AS THE DEPARTMENT DETERMINES
 THAT  THE  PROJECTS  THAT  RECEIVE  FUNDING PURSUANT TO THIS SECTION ARE
 SUBSTANTIALLY COMPLETE. SUCH REPORTS SHALL BE SUBMITTED  NO  LATER  THAN
 SIXTY  DAYS  AFTER THE CLOSE OF THE QUARTER, AND SHALL INCLUDE, FOR EACH
 AWARD, THE NAME OF THE  APPLICANT,  A  DESCRIPTION  OF  THE  PROJECT  OR
 PURPOSE,  THE  AMOUNT  OF  THE  AWARD,  DISBURSEMENT DATE, AND STATUS OF
 ACHIEVEMENT OF PROCESS AND PERFORMANCE METRICS AND  MILESTONES  PURSUANT
 TO SUBDIVISION SIX OF THIS SECTION.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022.

                                  PART L
 
   Section 1. Subdivision 3 of section 2801-a of the public  health  law,
 as amended by section 57 of part A of chapter 58 of the laws of 2010, is
 amended to read as follows:
 S. 8007--A                         52                         A. 9007--A
 
   3.  The  public health and health planning council shall not approve a
 certificate of incorporation, articles of  organization  or  application
 for  establishment  unless it is satisfied, insofar as applicable, as to
 (a) the public need for the existence of the institution at the time and
 place  and  under the circumstances proposed, provided, however, that in
 the case of an institution proposed to be established or operated by  an
 organization  defined in subdivision one of section one hundred seventy-
 two-a of the executive law, the needs of the members  of  the  religious
 denomination  concerned,  for care or treatment in accordance with their
 religious or ethical convictions, shall be deemed to be public need; (b)
 the character,  competence,  and  standing  in  the  community,  of  the
 proposed  incorporators,  directors,  sponsors,  stockholders,  members,
 CONTROLLING PERSONS, or operators; with respect to any proposed incorpo-
 rator, director, sponsor, stockholder, member , CONTROLLING  PERSON,  or
 operator  who is already or within the past [ten] SEVEN years [has] been
 an incorporator, director, sponsor, member, principal stockholder, prin-
 cipal member, CONTROLLING PERSON, or  operator  any  hospital  OR  OTHER
 HEALTH-RELATED  OR LONG-TERM CARE FACILITY, PROGRAM OR AGENCY, INCLUDING
 BUT NOT LIMITED TO, private proprietary home for adults,  residence  for
 adults,  or  non-profit home for the aged or blind which has been issued
 an operating certificate by the state department of social services,  or
 a halfway house, hostel or other residential facility or institution for
 the care, custody or treatment of the mentally disabled which is subject
 to  approval  by  the department of mental hygiene, no approval shall be
 granted unless the public health and  health  planning  council,  having
 afforded  an adequate opportunity to members of health systems agencies,
 if any, having geographical jurisdiction of the area where the  institu-
 tion  is to be located to be heard, shall affirmatively find by substan-
 tial evidence as to each such incorporator, director,  sponsor,  MEMBER,
 principal stockholder, PRINCIPAL MEMBER, CONTROLLING PERSON, or operator
 that a substantially consistent high level of care is being or was being
 rendered  in each such hospital, home, residence, halfway house, hostel,
 or other residential facility or institution [with] IN which such person
 is or was affiliated; for the purposes of  this  paragraph,  the  public
 health  and  health  planning council shall adopt rules and regulations,
 subject to the approval of the commissioner, to establish  the  criteria
 to be used to determine whether a substantially consistent high level of
 care  has  been  rendered,  provided, however, that there shall not be a
 finding that a substantially consistent high  level  of  care  has  been
 rendered where there have been violations of the state hospital code, or
 other  applicable rules and regulations, that (i) threatened to directly
 affect the health, safety or welfare of any  patient  or  resident,  and
 (ii)  were  recurrent  or were not promptly corrected; (c) the financial
 resources of the proposed institution and its sources of  future  reven-
 ues; and (d) such other matters as it shall deem pertinent.
   §  2. Paragraphs (b) and (c) of subdivision 4 of section 2801-a of the
 public health law, as amended by section 57 of part A of chapter  58  of
 the laws of 2010, are amended to read as follows:
   (b)  [(i)]  Any  transfer,  assignment  or  other  disposition of [ten
 percent or more of] an interest, STOCK,  or  voting  rights  in  a  SOLE
 PROPRIETORSHIP,  partnership  [or],  limited liability company, NON-FOR-
 PROFIT CORPORATION, OR CORPORATION which is the operator of  a  hospital
 [to a new partner or member] OR ANY TRANSFER, ASSIGNMENT OR OTHER DISPO-
 SITION  WHICH RESULTS IN THE OWNERSHIP OR CONTROL OF AN INTEREST, STOCK,
 OR VOTING RIGHTS IN THAT OPERATOR,  shall  be  approved  by  the  public
 health and health planning council, in accordance with the provisions of
 S. 8007--A                         53                         A. 9007--A
 
 subdivisions two [and], three, AND THREE-B of this section, except that:
 [(A) any such change shall be subject to the approval by the public]
   (I)  PUBLIC  health and health planning council APPROVAL in accordance
 with paragraph (b) of [subdivision] SUBDIVISIONS three  AND  THREE-B  of
 this  section SHALL BE REQUIRED only with respect to [the new partner or
 member, and]  any  [remaining  partners  or  members]  PERSON,  PARTNER,
 MEMBER,  OR  STOCKHOLDER who [have] HAS not been previously approved for
 that [facility] OPERATOR in accordance with  [such  paragraph,  and  (B)
 such  change  shall not be subject to paragraph (a) of subdivision three
 of this section] PARAGRAPH (B)  OF  SUBDIVISION  THREE  AND  SUBDIVISION
 THREE-B OF THIS SECTION.
   (ii)  [With]  SUCH  CHANGE  SHALL  NOT  BE  SUBJECT TO THE PUBLIC NEED
 ASSESSMENT DESCRIBED IN PARAGRAPH  (A)  OF  SUBDIVISION  THREE  OF  THIS
 SECTION.
   (III) NO PRIOR APPROVAL OF THE PUBLIC HEALTH AND HEALTH PLANNING COUN-
 CIL SHALL BE REQUIRED WITH respect to a transfer, assignment or disposi-
 tion  [involving  less than ten percent of], DIRECTLY OR INDIRECTLY, OF:
 (A) an interest, STOCK, or voting rights OF LESS  THAN  TEN  PERCENT  in
 [such partnership or limited liability company] THE OPERATOR, to [a new]
 ANY  PERSON,  partner  [or],  member,  [no  prior approval of the public
 health and health planning council shall be required] OR STOCKHOLDER WHO
 HAS NOT BEEN PREVIOUSLY APPROVED BY THE PUBLIC HEALTH AND  HEALTH  PLAN-
 NING  COUNCIL,  OR  ITS  PREDECESSOR FOR THAT OPERATOR. However, no such
 transaction shall be effective unless at least ninety days prior to  the
 intended  effective  date thereof, the [partnership or limited liability
 company] OPERATOR fully completes and files with the public  health  and
 health  planning council notice on a form, to be developed by the public
 health and health planning council, which shall disclose  such  informa-
 tion  as may reasonably be necessary FOR THE DEPARTMENT TO RECOMMEND AND
 for the public health and health planning council to  determine  whether
 it  should bar the transaction for any of the reasons set forth in [item
 (A), (B), (C) or (D)] CLAUSE ONE, TWO, THREE  OR  FOUR  below,  AND  HAS
 FULLY RESPONDED TO ANY REQUEST FOR ADDITIONAL INFORMATION BY THE DEPART-
 MENT  ACTING  ON BEHALF OF THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL
 DURING THE REVIEW PERIOD. SUCH TRANSACTION WILL BE FINAL UPON COMPLETION
 OF THE REVIEW PERIOD, WHICH SHALL BE NO LONGER THAN NINETY DAYS FROM THE
 DATE THE DEPARTMENT RECEIVES A COMPLETE RESPONSE TO  ITS  FINAL  REQUEST
 FOR ADDITIONAL INFORMATION, UNLESS, PRIOR THERETO, THE PUBLIC HEALTH AND
 HEALTH  PLANNING  COUNCIL HAS NOTIFIED EACH PARTY TO THE PROPOSED TRANS-
 ACTION THAT IT HAS BARRED SUCH TRANSACTIONS.  [Within ninety  days  from
 the  date  of  receipt of such notice, the] THE public health and health
 planning council may bar any transaction under this subparagraph:  [(A)]
 (1)  if  the  equity position of the partnership [or], limited liability
 company, OR CORPORATION THAT OPERATES A HOSPITAL FOR PROFIT,  determined
 in  accordance  with  generally accepted accounting principles, would be
 reduced as a result of the transfer, assignment  or  disposition;  [(B)]
 (2) if the transaction would result in the ownership of a partnership or
 membership interest OR STOCK by any persons who have been convicted of a
 felony described in subdivision five of section twenty-eight hundred six
 of  this  article;  [(C)] (3) if there are reasonable grounds to believe
 that the proposed transaction does not satisfy the character and  compe-
 tence  criteria  set  forth  in  subdivision  three  OR  THREE-B of this
 section; or [(D)] (4) if the transaction, together with all transactions
 under this subparagraph for the [partnership,  or  successor,]  OPERATOR
 during any five year period would, in the aggregate, involve twenty-five
 percent  or  more  of  the  interest  in the [partnership] OPERATOR. The
 S. 8007--A                         54                         A. 9007--A
 
 public health and health planning council shall state  specific  reasons
 for  barring any transaction under this subparagraph and shall so notify
 each party to the proposed transaction[.]; OR
   [(iii)  With  respect to a transfer, assignment or disposition of] (B)
 an interest, STOCK, or voting rights [in  such  partnership  or  limited
 liability  company]  to  any  [remaining]  PERSON, partner [or], member,
 [which transaction involves the withdrawal of the  transferor  from  the
 partnership  or  limited  liability  company,  no  prior approval of the
 public health and health planning council shall be required]  OR  STOCK-
 HOLDER,  PREVIOUSLY  APPROVED  BY  THE PUBLIC HEALTH AND HEALTH PLANNING
 COUNCIL, OR ITS PREDECESSOR, FOR THAT OPERATOR.  However, no such trans-
 action shall be effective unless at  least  ninety  days  prior  to  the
 intended  effective  date thereof, the [partnership or limited liability
 company] OPERATOR fully completes and files with the public  health  and
 health  planning council notice on a form, to be developed by the public
 health and health planning council, which shall disclose  such  informa-
 tion  as may reasonably be necessary FOR THE DEPARTMENT TO RECOMMEND AND
 for the public health and health planning council to  determine  whether
 it  should  bar  the transaction for the reason set forth below, AND HAS
 FULLY RESPONDED TO ANY REQUEST FOR ADDITIONAL INFORMATION BY THE DEPART-
 MENT ACTING ON BEHALF OF THE PUBLIC HEALTH AND HEALTH  PLANNING  COUNCIL
 DURING THE REVIEW PERIOD. SUCH TRANSACTION WILL BE FINAL UPON COMPLETION
 OF THE REVIEW PERIOD, WHICH SHALL BE NO LONGER THAN NINETY DAYS FROM THE
 DATE  THE  DEPARTMENT  RECEIVES A COMPLETE RESPONSE TO ITS FINAL REQUEST
 FOR ADDITIONAL INFORMATION, UNLESS, PRIOR THERETO, THE PUBLIC HEALTH AND
 HEALTH PLANNING COUNCIL HAS NOTIFIED EACH PARTY TO THE  PROPOSED  TRANS-
 ACTION  THAT  IT HAS BARRED SUCH TRANSACTIONS.  [Within ninety days from
 the date of receipt of such notice, the] THE public  health  and  health
 planning  council may bar any transaction under this subparagraph if the
 equity position of the partnership [or], limited liability  company,  OR
 CORPORATION  THAT  OPERATES A HOSPITAL FOR PROFIT, determined in accord-
 ance with generally accepted accounting principles, would be reduced  as
 a  result  of the transfer, assignment or disposition. The public health
 and health planning council shall state specific reasons for barring any
 transaction under this subparagraph and shall so notify  each  party  to
 the proposed transaction.
   (c)  [Any  transfer, assignment or other disposition of ten percent or
 more of the stock or voting rights thereunder of a corporation which  is
 the  operator  of a hospital or which is a member of a limited liability
 company which is the operator of a hospital to a new stockholder, or any
 transfer, assignment or other disposition of the stock or voting  rights
 thereunder  of  such  a  corporation  which  results in the ownership or
 control of more than ten percent of the stock or  voting  rights  there-
 under  of  such corporation by any person not previously approved by the
 public health and health planning council, or its predecessor, for  that
 corporation shall be subject to approval by the public health and health
 planning  council, in accordance with the provisions of subdivisions two
 and three of this section and rules and  regulations  pursuant  thereto;
 except  that:  any  such transaction shall be subject to the approval by
 the public health and health planning council in accordance  with  para-
 graph  (b)  of  subdivision three of this section only with respect to a
 new stockholder or a new principal stockholder; and shall not be subject
 to paragraph (a) of subdivision three of this section. In the absence of
 such approval, the operating  certificate  of  such  hospital  shall  be
 subject  to  revocation  or  suspension. No prior approval of the public
 health and health planning council shall be required with respect  to  a
 S. 8007--A                         55                         A. 9007--A

 transfer,  assignment or disposition of ten percent or more of the stock
 or voting rights thereunder of a corporation which is the operator of  a
 hospital  or  which  is a member of a limited liability company which is
 the  owner of a hospital to any person previously approved by the public
 health and health planning council, or its predecessor, for that  corpo-
 ration.  However, no such transaction shall be effective unless at least
 ninety days prior to the intended effective date thereof, the stockhold-
 er completes and files with the public health and health planning  coun-
 cil  notice  on  forms  to  be developed by the public health and health
 planning council, which shall disclose such information as  may  reason-
 ably  be  necessary for the public health and health planning council to
 determine whether it should bar the transaction. Such  transaction  will
 be  final  as  of the intended effective date unless, prior thereto, the
 public health and health planning council shall state  specific  reasons
 for barring such transactions under this paragraph and shall notify each
 party to the proposed transaction.] Nothing in this [paragraph] SUBDIVI-
 SION  shall  be construed as permitting [a] ANY person, PARTNER, MEMBER,
 OR STOCKHOLDER not previously approved by the public health  and  health
 planning  council  for  that [corporation] OPERATOR to [become the owner
 of] OWN OR CONTROL, DIRECTLY OR INDIRECTLY, ten percent or more  of  the
 INTEREST,  stock,  OR  VOTING  RIGHTS  of  [a]  ANY PARTNERSHIP, LIMITED
 LIABILITY COMPANY, NOT-FOR-PROFIT CORPORATION, OR corporation  which  is
 the  operator  of  a  hospital  or  A CORPORATION which is a member of a
 limited liability company which is the owner of a hospital without first
 obtaining the approval of the public health and health planning council.
 IN THE ABSENCE OF APPROVAL BY THE  PUBLIC  HEALTH  AND  HEALTH  PLANNING
 COUNCIL AS REQUIRED UNDER THIS SUBDIVISION, THE OPERATING CERTIFICATE OF
 SUCH  HOSPITAL SHALL BE SUBJECT TO REVOCATION OR SUSPENSION.  FAILURE TO
 PROVIDE NOTICE AS REQUIRED UNDER THIS SUBDIVISION MAY SUBJECT THE  OPER-
 ATING CERTIFICATE OF SUCH OPERATOR TO REVOCATION OR SUSPENSION.
   § 3. Section 3611-a of the public health law, as amended by section 92
 of  part  C  of  chapter 58 of the laws of 2009, subdivisions 1 and 2 as
 amended by section 67 of part A of chapter 58 of the laws  of  2010,  is
 amended to read as follows:
   §  3611-a.  Change  in  the operator or owner.   1. Any [change in the
 person who, or any] transfer, assignment, or  other  disposition  of  an
 interest,  STOCK,  or  voting rights [of ten percent or more]  IN A SOLE
 PROPRIETORSHIP, PARTNERSHIP, LIMITED LIABILITY  COMPANY,  NOT-FOR-PROFIT
 CORPORATION OR CORPORATION WHICH IS THE OPERATOR OF A LICENSED HOME CARE
 SERVICES  AGENCY  OR  A  CERTIFIED  HOME HEALTH AGENCY, or any transfer,
 assignment or other  disposition  which  results  in  the  ownership  or
 control  of  an  interest,  STOCK,  or  voting rights [of ten percent or
 more,] in [a limited liability company or a partnership  which  is  the]
 THAT  operator  [of  a licensed home care services agency or a certified
 home health agency], shall be approved by the public health  and  health
 planning  council, in accordance with the provisions of subdivision four
 of section thirty-six hundred five of this article relative to licensure
 or subdivision two of section thirty-six hundred  six  of  this  article
 relative to certificate of approval, except that:
   (a)  Public  health  and  health  planning  council  approval shall be
 required only with respect to the person, [or the]  PARTNER,  member  or
 [partner]  STOCKHOLDER  that is acquiring the interest, STOCK, or voting
 rights[; and].
   (b) With respect to certified home health agencies, such change  shall
 not  be subject to the public need assessment described in paragraph (a)
 of subdivision two of section thirty-six hundred six of this article.
 S. 8007--A                         56                         A. 9007--A
 
   (C) WITH RESPECT TO LICENSED HOME CARE SERVICES AGENCIES, THE  COMMIS-
 SIONER MAY PROMULGATE REGULATIONS DIRECTING WHETHER SUCH CHANGE SHALL BE
 SUBJECT  TO  THE  PUBLIC  NEED  ASSESSMENT DESCRIBED IN PARAGRAPH (A) OF
 SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED FIVE OF THIS ARTICLE.
   [(c)]  (D)  No prior approval of the public health and health planning
 council shall be required with respect  to  a  transfer,  assignment  or
 disposition, DIRECTLY OR INDIRECTLY, of:
   (i)  an  interest,  STOCK,  or  voting  rights to any person, PARTNER,
 MEMBER, OR STOCKHOLDER previously approved  by  the  public  health  and
 health planning council, or its predecessor, for that operator. HOWEVER,
 NO SUCH TRANSACTION SHALL BE EFFECTIVE UNLESS AT LEAST NINETY DAYS PRIOR
 TO THE INTENDED EFFECTIVE DATE THEREOF, THE OPERATOR COMPLETES AND FILES
 WITH THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL NOTICE ON FORMS TO BE
 DEVELOPED  BY THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, WHICH SHALL
 DISCLOSE SUCH INFORMATION AS MAY REASONABLY BE NECESSARY FOR THE DEPART-
 MENT TO RECOMMEND AND FOR THE PUBLIC HEALTH AND HEALTH PLANNING  COUNCIL
 TO  DETERMINE  WHETHER  IT  SHOULD  BAR THE TRANSACTION,   AND HAS FULLY
 RESPONDED TO ANY REQUEST FOR ADDITIONAL INFORMATION  BY  THE  DEPARTMENT
 ACTING ON BEHALF OF THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL DURING
 THE REVIEW PERIOD. SUCH TRANSACTION WILL BE FINAL UPON COMPLETION OF THE
 REVIEW  PERIOD,  WHICH SHALL BE NO LONGER THAN NINETY DAYS FROM THE DATE
 THE DEPARTMENT RECEIVES A COMPLETE RESPONSE TO  ITS  FINAL  REQUEST  FOR
 ADDITIONAL  INFORMATION,  UNLESS,  PRIOR  THERETO, THE PUBLIC HEALTH AND
 HEALTH PLANNING COUNCIL HAS NOTIFIED EACH PARTY TO THE  PROPOSED  TRANS-
 ACTION THAT IT HAS BARRED SUCH TRANSACTIONS UNDER THIS PARAGRAPH AND HAS
 STATED SPECIFIC REASONS FOR BARRING SUCH TRANSACTIONS; or
   (ii)  an interest, STOCK, or voting rights of less than ten percent in
 the operator TO ANY PERSON, PARTNER, MEMBER, OR STOCKHOLDER WHO HAS  NOT
 BEEN  PREVIOUSLY APPROVED BY THE PUBLIC HEALTH AND HEALTH PLANNING COUN-
 CIL FOR THAT OPERATOR. However, no such transaction shall  be  effective
 unless  at least ninety days prior to the intended effective date there-
 of, the [partner or member] OPERATOR completes and files with the public
 health and health planning council notice on forms to  be  developed  by
 the public health AND HEALTH PLANNING council, which shall disclose such
 information  as may reasonably be necessary FOR THE DEPARTMENT TO RECOM-
 MEND AND for the public health and health planning council to  determine
 whether  it  should  bar the transaction, AND HAS FULLY RESPONDED TO ANY
 REQUEST FOR ADDITIONAL INFORMATION BY THE DEPARTMENT ACTING ON BEHALF OF
 THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL DURING THE REVIEW  PERIOD.
 Such  transaction will be final [as of the intended effective date] UPON
 COMPLETION OF THE REVIEW PERIOD, WHICH SHALL BE NO  LONGER  THAN  NINETY
 DAYS  FROM  THE  DATE THE DEPARTMENT RECEIVES A COMPLETE RESPONSE TO ITS
 FINAL REQUEST FOR ADDITIONAL INFORMATION,  unless,  prior  thereto,  the
 public  health  and  health  planning council [shall state] HAS NOTIFIED
 EACH PARTY TO THE PROPOSED TRANSACTION THAT IT HAS  BARRED  SUCH  TRANS-
 ACTIONS UNDER THIS PARAGRAPH AND HAS STATED specific reasons for barring
 such  transactions  [under this paragraph and shall notify each party to
 the proposed transaction].
   (III) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS PERMITTING ANY
 PERSON, PARTNER, MEMBER, OR STOCKHOLDER NOT PREVIOUSLY APPROVED  BY  THE
 PUBLIC  HEALTH  AND  HEALTH PLANNING COUNCIL FOR THAT OPERATOR TO OWN OR
 CONTROL, DIRECTLY OR INDIRECTLY, TEN PERCENT OR MORE  OF  THE  INTEREST,
 STOCK,  OR  VOTING RIGHTS OF ANY PARTNERSHIP, LIMITED LIABILITY COMPANY,
 NOT-FOR-PROFIT CORPORATION, OR CORPORATION WHICH IS THE  OPERATOR  OF  A
 LICENSED  HOME  CARE  SERVICES  AGENCY OR A CERTIFIED HOME HEALTH AGENCY
 S. 8007--A                         57                         A. 9007--A
 
 WITHOUT FIRST OBTAINING THE APPROVAL OF THE  PUBLIC  HEALTH  AND  HEALTH
 PLANNING COUNCIL.
   (IV)  IN THE ABSENCE OF APPROVAL BY THE PUBLIC HEALTH AND HEALTH PLAN-
 NING COUNCIL AS REQUIRED UNDER THIS PARAGRAPH, THE  LICENSE  OR  CERTIF-
 ICATE  OF  APPROVAL  OF  SUCH OPERATOR SHALL BE SUBJECT TO REVOCATION OR
 SUSPENSION.  FAILURE TO PROVIDE NOTICE AS REQUIRED UNDER THIS  PARAGRAPH
 MAY  SUBJECT  THE LICENSE OR CERTIFICATE OF APPROVAL OF SUCH OPERATOR TO
 REVOCATION OR SUSPENSION THEREOF.
   2. [Any transfer, assignment or other disposition of  ten  percent  or
 more  of the stock or voting rights thereunder of a corporation which is
 the operator of a licensed home care services agency or a certified home
 health agency, or any transfer, assignment or other disposition  of  the
 stock or voting rights thereunder of such a corporation which results in
 the ownership or control of more than ten percent of the stock or voting
 rights  thereunder of such corporation by any person shall be subject to
 approval by the public health and health planning council in  accordance
 with  the  provisions  of subdivision four of section thirty-six hundred
 five of this article relative to licensure or subdivision two of section
 thirty-six hundred six  of  this  article  relative  to  certificate  of
 approval, except that:
   (a)  Public  health  and  health  planning  council  approval shall be
 required only with respect to the person or entity acquiring such  stock
 or voting rights; and
   (b)  With respect to certified home health agencies, such change shall
 not be subject to the public need assessment described in paragraph  (a)
 of subdivision two of section thirty-six hundred six of this article. In
 the  absence  of  such  approval, the license or certificate of approval
 shall be subject to revocation or suspension.
   (c) No prior approval of the public health and health planning council
 shall be required with respect to a transfer, assignment or  disposition
 of an interest or voting rights to any person previously approved by the
 public  health and health planning council, or its predecessor, for that
 operator. However, no such transaction  shall  be  effective  unless  at
 least one hundred twenty days prior to the intended effective date ther-
 eof,  the  partner  or member completes and files with the public health
 and health planning council notice on  forms  to  be  developed  by  the
 public  health  and  health  planning council, which shall disclose such
 information as may reasonably be necessary for  the  public  health  and
 health  planning  council  to determine whether it should bar the trans-
 action. Such transaction will be final as of the intended effective date
 unless, prior thereto, the public health  and  health  planning  council
 shall  state  specific  reasons for barring such transactions under this
 paragraph and shall notify each party to the proposed transaction.
   3.] (a) The commissioner shall charge to applicants for  a  change  in
 operator or owner of a licensed home care services agency or a certified
 home  health  agency  an  application  fee in the amount of two thousand
 dollars.
   (b) The fees paid by certified home health agencies pursuant  to  this
 subdivision for any application approved in accordance with this section
 shall  be  deemed  allowable costs in the determination of reimbursement
 rates established pursuant to this article. All fees  pursuant  to  this
 section  shall  be  payable to the department of health for deposit into
 the special revenue funds - other, miscellaneous special revenue fund  -
 339, certificate of need account.
 S. 8007--A                         58                         A. 9007--A
 
   §  4.  Paragraph  (b)  of  subdivision 3 of section 4004 of the public
 health law, as amended by section 69 of part A of chapter 58 of the laws
 of 2010, is amended to read as follows:
   (b)  Any  [change  in  the person, principal stockholder or] TRANSFER,
 ASSIGNMENT OR OTHER DISPOSITION, OF AN INTEREST, STOCK, OR VOTING RIGHTS
 IN A SOLE PROPRIETORSHIP, partnership, LIMITED LIABILITY  COMPANY,  NOT-
 FOR-PROFIT  CORPORATION,  OR  CORPORATION  which  is  the  operator of a
 hospice, OR ANY TRANSFER, ASSIGNMENT OR OTHER DISPOSITION WHICH  RESULTS
 IN  THE DIRECT OR INDIRECT OWNERSHIP OR CONTROL OF AN INTEREST, STOCK OR
 VOTING RIGHTS IN THAT OPERATOR, shall be approved by the  public  health
 and  health planning council in accordance with the provisions of subdi-
 visions one and two of this section[.]; PROVIDED, HOWEVER:
   (I) PUBLIC HEALTH  AND  HEALTH  PLANNING  COUNCIL  APPROVAL  SHALL  BE
 REQUIRED ONLY WITH RESPECT TO THE PERSON, PARTNER, MEMBER, OR STOCKHOLD-
 ER THAT IS ACQUIRING THE INTEREST, STOCK, OR VOTING RIGHTS.
   (II)  SUCH  CHANGE  SHALL NOT BE SUBJECT TO THE PUBLIC NEED ASSESSMENT
 DESCRIBED IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION.
   (III) NO PRIOR APPROVAL OF THE PUBLIC HEALTH AND HEALTH PLANNING COUN-
 CIL SHALL BE REQUIRED WITH RESPECT TO A TRANSFER, ASSIGNMENT OR DISPOSI-
 TION, DIRECTLY OR INDIRECTLY, OF:
   (A) AN INTEREST, STOCK, OR  VOTING  RIGHTS  TO  ANY  PERSON,  PARTNER,
 MEMBER,  OR  STOCKHOLDER  PREVIOUSLY  APPROVED  BY THE PUBLIC HEALTH AND
 HEALTH PLANNING COUNCIL, OR ITS PREDECESSOR, FOR THAT OPERATOR. HOWEVER,
 NO SUCH TRANSACTION SHALL BE EFFECTIVE UNLESS AT LEAST NINETY DAYS PRIOR
 TO THE INTENDED EFFECTIVE DATE THEREOF, THE OPERATOR COMPLETES AND FILES
 WITH THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL NOTICE, ON  FORMS  TO
 BE  DEVELOPED  BY  THE  PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, WHICH
 SHALL DISCLOSE SUCH INFORMATION AS MAY REASONABLY BE NECESSARY  FOR  THE
 DEPARTMENT  TO  RECOMMEND  AND FOR THE PUBLIC HEALTH AND HEALTH PLANNING
 COUNCIL TO DETERMINE WHETHER IT SHOULD  BAR  THE  TRANSACTION,  AND  HAS
 FULLY RESPONDED TO ANY REQUEST FOR ADDITIONAL INFORMATION BY THE DEPART-
 MENT  ACTING  ON BEHALF OF THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL
 DURING THE REVIEW PERIOD. SUCH TRANSACTION WILL BE FINAL UPON COMPLETION
 OF THE REVIEW PERIOD, WHICH SHALL BE NO LONGER THAN NINETY DAYS FROM THE
 DATE THE DEPARTMENT RECEIVES A COMPLETE RESPONSE TO  ITS  FINAL  REQUEST
 FOR ADDITIONAL INFORMATION, UNLESS, PRIOR THERETO, THE PUBLIC HEALTH AND
 HEALTH  PLANNING  COUNCIL HAS NOTIFIED EACH PARTY TO THE PROPOSED TRANS-
 ACTION THAT IT HAS BARRED SUCH TRANSACTIONS UNDER THIS PARAGRAPH AND HAS
 STATED SPECIFIC REASONS FOR BARRING SUCH TRANSACTIONS; OR
   (B) AN INTEREST, STOCK, OR VOTING RIGHTS OF LESS THAN TEN  PERCENT  IN
 THE  OPERATOR TO ANY PERSON, PARTNER, MEMBER, OR STOCKHOLDER WHO HAS NOT
 BEEN PREVIOUSLY APPROVED BY THE PUBLIC HEALTH AND HEALTH PLANNING  COUN-
 CIL  FOR  THAT OPERATOR. HOWEVER, NO SUCH TRANSACTION SHALL BE EFFECTIVE
 UNLESS AT LEAST NINETY DAYS PRIOR TO THE INTENDED EFFECTIVE DATE  THERE-
 OF,  THE  OPERATOR COMPLETES AND FILES WITH THE PUBLIC HEALTH AND HEALTH
 PLANNING COUNCIL NOTICE ON FORMS TO BE DEVELOPED BY  THE  PUBLIC  HEALTH
 AND  HEALTH  PLANNING  COUNCIL, WHICH SHALL DISCLOSE SUCH INFORMATION AS
 MAY REASONABLY BE NECESSARY FOR THE DEPARTMENT TO RECOMMEND AND FOR  THE
 PUBLIC HEALTH AND HEALTH PLANNING COUNCIL TO DETERMINE WHETHER IT SHOULD
 BAR  THE  TRANSACTION,  AND HAS FULLY RESPONDED TO ANY REQUEST FOR ADDI-
 TIONAL INFORMATION BY THE DEPARTMENT ACTING  ON  BEHALF  OF  THE  PUBLIC
 HEALTH AND HEALTH PLANNING COUNCIL DURING THE REVIEW PERIOD. SUCH TRANS-
 ACTION  WILL  BE FINAL UPON COMPLETION OF THE REVIEW PERIOD, WHICH SHALL
 BE NO LONGER THAN NINETY DAYS FROM THE DATE THE  DEPARTMENT  RECEIVES  A
 COMPLETE  RESPONSE  TO  ITS  FINAL  REQUEST  FOR ADDITIONAL INFORMATION,
 UNLESS, PRIOR THERETO, THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL HAS
 S. 8007--A                         59                         A. 9007--A
 
 NOTIFIED EACH PARTY TO THE PROPOSED TRANSACTION THAT IT HAS BARRED  SUCH
 TRANSACTIONS  UNDER  THIS  PARAGRAPH AND HAS STATED SPECIFIC REASONS FOR
 BARRING SUCH TRANSACTIONS.
   (IV)  NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS PERMITTING ANY
 PERSON, PARTNER, MEMBER, OR STOCKHOLDER NOT PREVIOUSLY APPROVED  BY  THE
 PUBLIC  HEALTH  AND  HEALTH PLANNING COUNCIL FOR THAT OPERATOR TO OWN OR
 CONTROL, DIRECTLY OR INDIRECTLY, TEN PERCENT OR MORE  OF  THE  INTEREST,
 STOCK,  OR  VOTING RIGHTS OF ANY PARTNERSHIP, LIMITED LIABILITY COMPANY,
 NOT-FOR-PROFIT CORPORATION, OR CORPORATION WHICH IS THE  OPERATOR  OF  A
 HOSPICE  WITHOUT  FIRST  OBTAINING THE APPROVAL OF THE PUBLIC HEALTH AND
 HEALTH PLANNING COUNCIL.
   (V) IN THE ABSENCE OF APPROVAL BY THE PUBLIC HEALTH AND  HEALTH  PLAN-
 NING  COUNCIL  AS  REQUIRED  UNDER  THIS  PARAGRAPH,  THE CERTIFICATE OF
 APPROVAL OF SUCH OPERATOR SHALL BE SUBJECT TO REVOCATION OR  SUSPENSION.
 FAILURE  TO  PROVIDE NOTICE AS REQUIRED UNDER THIS PARAGRAPH MAY SUBJECT
 THE CERTIFICATE OF APPROVAL OF SUCH OPERATOR TO  REVOCATION  OR  SUSPEN-
 SION.
   § 5. This act shall take effect immediately.

                                  PART M
 
   Section  1.  Paragraph  (a)  of  subdivision  2 of section 2828 of the
 public health law, as added by section 1 of part GG of chapter 57 of the
 laws of 2021, is amended to read as follows:
   (a) "Revenue" shall mean the total operating revenue from or on behalf
 of residents of the residential health care facility, government payers,
 or third-party payers, to pay for a resident's occupancy of the residen-
 tial health care facility, resident care, and the operation of the resi-
 dential health care facility as reported in the residential health  care
 facility  cost  reports  submitted to the department; provided, however,
 that revenue shall exclude:
   (I) the average increase  in  the  capital  portion  of  the  Medicaid
 reimbursement rate from the prior three years;
   (II)  FUNDING  RECEIVED  AS  REIMBURSEMENT  FOR  THE  ASSESSMENT UNDER
 SUBPARAGRAPH (VI) OF PARAGRAPH (B) OF SUBDIVISION TWO OF  SECTION  TWEN-
 TY-EIGHT  HUNDRED  SEVEN-D  OF  THIS  ARTICLE, AS RECONCILED PURSUANT TO
 PARAGRAPH (C) OF SUBDIVISION TEN OF SECTION TWENTY-EIGHT HUNDRED SEVEN-D
 OF THIS ARTICLE; AND
   (III) THE CAPITAL PER DIEM PORTION OF THE REIMBURSEMENT RATE FOR NURS-
 ING HOMES THAT HAVE A FOUR- OR FIVE-STAR RATING ASSIGNED PURSUANT TO THE
 INSPECTION RATING SYSTEM OF THE U.S. CENTERS FOR MEDICARE  AND  MEDICAID
 SERVICES (CMS RATING).
   §  2. Subdivision 4 of section 2828 of the public health law, as added
 by section 1 of part GG of chapter 57 of the laws of 2021, is amended to
 read as follows:
   4. The commissioner may waive the requirements of this  section  on  a
 case-by-case  basis  with respect to a nursing home that demonstrates to
 the commissioner's satisfaction that it experienced unexpected or excep-
 tional circumstances that prevented  compliance.  The  commissioner  may
 also  exclude  from  revenues  and  expenses,  on  a case-by-case basis,
 extraordinary revenues and capital expenses, incurred due to  a  natural
 disaster  or  other circumstances set forth by the commissioner in regu-
 lation. THE COMMISSIONER MAY ALSO EXCLUDE FROM REVENUES, ON  A  CASE-BY-
 CASE  BASIS,  THE CAPITAL PER DIEM PORTION OF THE REIMBURSEMENT RATE FOR
 NURSING HOMES THAT HAVE A THREE-STAR CMS RATING. At  least  thirty  days
 before  any  action  by  the  commissioner  under  this subdivision, the
 S. 8007--A                         60                         A. 9007--A
 
 commissioner shall transmit the proposed action to the state  office  of
 the  long-term  care ombudsman and the chairs of the senate and assembly
 health committees, and post it on the department's website.
   §  3.  Paragraph  (d) of subdivision 2-c of section 2808 of the public
 health law, as amended by section 26-a of part C of chapter  60  of  the
 laws of 2014, is amended to read as follows:
   (d)  The commissioner shall promulgate regulations, and may promulgate
 emergency regulations, to implement the provisions of this  subdivision.
 Such  regulations  shall  be  developed in consultation with the nursing
 home industry and advocates for residential health care  facility  resi-
 dents and, further, the commissioner shall provide notification concern-
 ing  such  regulations  to  the chairs of the senate and assembly health
 committees, the chair of the senate finance committee and the  chair  of
 the  assembly  ways  and means committee. Such regulations shall include
 provisions for rate adjustments or payment enhancements to facilitate  a
 minimum four-year transition of facilities to the rate-setting methodol-
 ogy  established  by  this  subdivision and may also include, but not be
 limited to, provisions for facilitating quality improvements in residen-
 tial health  care  facilities.  For  purposes  of  facilitating  quality
 improvements through the establishment of a nursing home quality pool TO
 BE  FUNDED  AT  THE DISCRETION OF THE COMMISSIONER BY (I) ADJUSTMENTS IN
 MEDICAL ASSISTANCE RATES, (II) FUNDS MADE AVAILABLE THROUGH STATE APPRO-
 PRIATIONS,  OR  (III)  A  COMBINATION  THEREOF,  those  facilities  that
 contribute  to  the  quality pool, but are deemed ineligible for quality
 pool payments due exclusively to a specific case of employee misconduct,
 shall nevertheless be eligible for a quality pool payment if the facili-
 ty properly reported the incident, did not  receive  a  survey  citation
 from  the commissioner or the Centers for Medicare and Medicaid Services
 establishing the facility's culpability with regard to  such  misconduct
 and,  but  for  the  specific  case of employee misconduct, the facility
 would have  otherwise  received  a  quality  pool  payment.  Regulations
 pertaining to the facilitation of quality improvement may be made effec-
 tive for periods on and after January first, two thousand thirteen.
   §  4.  The  opening  paragraph and paragraph (i) of subdivision (g) of
 section 2826 of the public health law, as added by section 6 of  part  J
 of chapter 60 of the laws of 2015, are amended to read as follows:
   Notwithstanding  subdivision  (a)  of this section, and within amounts
 appropriated for such purposes as described herein, for  the  period  of
 April  first,  two  thousand  [fifteen] TWENTY-TWO through March thirty-
 first, two thousand [sixteen] TWENTY-THREE, the commissioner may award a
 temporary adjustment to the non-capital components  of  rates,  or  make
 temporary  lump-sum  Medicaid  payments  to eligible [general hospitals]
 FACILITIES in severe financial distress to  enable  such  facilities  to
 maintain  operations  and vital services while such facilities establish
 long term solutions to achieve sustainable  health  services.  PROVIDED,
 HOWEVER, THE COMMISSIONER IS AUTHORIZED TO MAKE SUCH A TEMPORARY ADJUST-
 MENT  OR MAKE SUCH TEMPORARY LUMP SUM PAYMENT ONLY PURSUANT TO CRITERIA,
 AN EVALUATION PROCESS, AND TRANSFORMATION PLAN ACCEPTABLE TO THE COMMIS-
 SIONER IN CONSULTATION WITH THE DIRECTOR OF THE DIVISION OF THE BUDGET.
   (i) Eligible [general hospitals] FACILITIES shall include:
   (A) a public hospital, which for purposes of this  subdivision,  shall
 mean  a general hospital operated by a county or municipality, but shall
 exclude any such hospital operated by a public benefit corporation;
   (B) a federally designated critical access hospital;
   (C) a federally designated sole community hospital; [or]
   (D) A RESIDENTIAL HEALTH CARE FACILITY;
 S. 8007--A                         61                         A. 9007--A
 
   (E) a general hospital that  is  a  safety  net  hospital,  which  for
 purpose of this subdivision shall mean:
   (1)  such  hospital  has  at  least  thirty  percent  of its inpatient
 discharges made up of Medicaid eligible individuals, uninsured  individ-
 uals  or  Medicaid dually eligible individuals and with at least thirty-
 five percent of its outpatient visits made up of Medicaid eligible indi-
 viduals, uninsured individuals or Medicaid dually-eligible  individuals;
 or
   (2) such hospital serves at least thirty percent of the residents of a
 county  or  a  multi-county  area who are Medicaid eligible individuals,
 uninsured individuals or Medicaid dually-eligible individuals; OR
   (F) AN INDEPENDENT PRACTICE ASSOCIATION OR ACCOUNTABLE CARE  ORGANIZA-
 TION AUTHORIZED UNDER APPLICABLE REGULATIONS THAT PARTICIPATE IN MANAGED
 CARE  PROVIDER  NETWORK  ARRANGEMENTS  WITH ANY OF THE PROVIDER TYPES IN
 SUBPARAGRAPHS (A) THROUGH (F) OF THIS PARAGRAPH.
   § 5. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2022.
 
                                  PART N
 
   Section 1. Subparagraph 4 of paragraph (b) of subdivision 1 of section
 366 of the social services law, as added by section 1 of part D of chap-
 ter 56 of the laws of 2013, is amended to read as follows:
   (4)  An  individual who is a pregnant woman or is a member of a family
 that contains a dependent child living with a parent or other  caretaker
 relative  is  eligible  for standard coverage if [his or her MAGI] THEIR
 household income does not exceed [the MAGI-equivalent  of]  one  hundred
 [thirty]  THIRTY-THREE  percent  of  the [highest amount that ordinarily
 would have been paid to a person without any income or  resources  under
 the  family  assistance program as it existed on the first day of Novem-
 ber, nineteen hundred ninety-seven] FEDERAL POVERTY LINE FOR THE  APPLI-
 CABLE FAMILY SIZE, which shall be calculated in accordance with guidance
 issued  by  the  Secretary of the United States department of health and
 human services; for purposes of this subparagraph,  the  term  dependent
 child  means a person who is under eighteen years of age, or is eighteen
 years of age and a  full-time  student,  who  is  deprived  of  parental
 support  or  care by reason of the death, continued absence, or physical
 or mental incapacity of a parent, or by reason of  the  unemployment  of
 the parent, as defined by the department of health.
   §  2.  Subparagraph 2 of paragraph (c) of subdivision 1 of section 366
 of the social services law, as added by section 1 of part D  of  chapter
 56 of the laws of 2013, is amended to read as follows:
   (2)  An  individual  who,  although not receiving public assistance or
 care for [his or her] THEIR maintenance under other provisions  of  this
 chapter,  has  income  [and resources], including available support from
 responsible relatives, that does not exceed the  amounts  set  forth  in
 paragraph  (a) of subdivision two of this section, and is (i) sixty-five
 years of age or older, or certified blind or certified disabled or  (ii)
 for  reasons  other  than income [or resources], is eligible for federal
 supplemental security income benefits and/or additional state payments.
   § 3. Subparagraph 5 of paragraph (c) of subdivision 1 of  section  366
 of  the  social services law, as added by section 1 of part D of chapter
 56 of the laws of 2013, is amended to read as follows:
   (5) A disabled individual at least sixteen years of age, but under the
 age of sixty-five, who: would be eligible for benefits under the supple-
 mental security income program but for earnings in excess of the  allow-
 S. 8007--A                         62                         A. 9007--A
 
 able  limit;  has  net available income that does not exceed two hundred
 fifty percent of the applicable federal income official poverty line, as
 defined and updated by the United States department of health and  human
 services,  for  a  one-person or two-person household, as defined by the
 commissioner in regulation; [has  household  resources,  as  defined  in
 paragraph (e) of subdivision two of section three hundred sixty-six-c of
 this  title,  other  than retirement accounts, that do not exceed twenty
 thousand dollars for a one-person household or thirty  thousand  dollars
 for  a  two-person  household,  as  defined by the commissioner in regu-
 lation;] and contributes to the  cost  of  medical  assistance  provided
 pursuant  to  this subparagraph in accordance with subdivision twelve of
 section three hundred sixty-seven-a of this title; for purposes of  this
 subparagraph,  disabled means having a medically determinable impairment
 of sufficient severity  and  duration  to  qualify  for  benefits  under
 section 1902(a)(10)(A)(ii)(xv) of the social security act.
   §  4. Subparagraph 10 of paragraph (c) of subdivision 1 of section 366
 of the social services law, as added by section 1 of part D  of  chapter
 56 of the laws of 2013, is amended to read as follows:
   (10)  A  resident  of  a home for adults operated by a social services
 district, or a residential care center for adults or community residence
 operated or certified by the office  of  mental  health,  and  has  not,
 according to criteria promulgated by the department consistent with this
 title, sufficient income, or in the case of a person sixty-five years of
 age  or older, certified blind, or certified disabled, sufficient income
 [and resources], including available support from responsible relatives,
 to meet all the costs of required medical care  and  services  available
 under this title.
   §  5.  Paragraph  (a)  of  subdivision  2 of section 366 of the social
 services law, as separately amended by chapter 32 and 588 of the laws of
 1968, the opening paragraph as amended by chapter  41  of  the  laws  of
 1992,  subparagraph  1 as amended by section 27 of part C of chapter 109
 of the laws of 2006, subparagraphs 3 and 6 as amended by chapter 938  of
 the  laws  of 1990, subparagraph 4 as amended by section 43 and subpara-
 graph 7 as amended by section 47 of part C of chapter 58 of the laws  of
 2008,  subparagraph  5  as  amended  by chapter 576 of the laws of 2007,
 subparagraph 9 as amended by chapter 110 of the laws of  1971,  subpara-
 graph  10  as  added by chapter 705 of the laws of 1988, clauses (i) and
 (ii) of subparagraph 10 as amended by chapter 672 of the laws  of  2019,
 clause (iii) of subparagraph 10 as amended by chapter 170 of the laws of
 1994,  and  subparagraph 11 as added by chapter 576 of the laws of 2015,
 is amended to read as follows:
   (a) The following [income and resources] shall be exempt and shall not
 be taken into consideration in determining a  person's  eligibility  for
 medical care, services and supplies available under this title:
   (1)  (i)  for  applications  for medical assistance filed on or before
 December thirty-first, two thousand five, a homestead which is essential
 and appropriate to the needs of the household;
   (ii) for applications for medical assistance filed on or after January
 first, two thousand six, a homestead which is essential and  appropriate
 to  the  needs  of the household; provided, however, that in determining
 eligibility of an individual for medical assistance for nursing facility
 services and other long term care services, the individual shall not  be
 eligible  for such assistance if the individual's equity interest in the
 homestead  exceeds  seven  hundred  fifty  thousand  dollars;   provided
 further,  that  the  dollar  amount  specified  in  this clause shall be
 increased, beginning with the year two thousand  eleven,  from  year  to
 S. 8007--A                         63                         A. 9007--A
 
 year,  in  an  amount  to  be determined by the secretary of the federal
 department of  health  and  human  services,  based  on  the  percentage
 increase in the consumer price index for all urban consumers, rounded to
 the  nearest  one thousand dollars. If such secretary does not determine
 such an amount, the department of  health  shall  increase  such  dollar
 amount  based  on  such increase in the consumer price index. Nothing in
 this clause shall be construed as preventing an individual from using  a
 reverse  mortgage  or  home equity loan to reduce the individual's total
 equity interest in the homestead. The home equity limitation established
 by this clause shall be waived in the case of a  demonstrated  hardship,
 as  determined  pursuant  to criteria established by such secretary. The
 home equity limitation shall not apply if one or more of  the  following
 persons  is  lawfully  residing  in  the individual's homestead: (A) the
 spouse of the individual; or (B) the individual's child who is under the
 age of twenty-one, or is blind or permanently and totally  disabled,  as
 defined in section 1614 of the federal social security act.
   (2) [essential personal property;
   (3)  a  burial fund, to the extent allowed as an exempt resource under
 the cash assistance program to  which  the  applicant  is  most  closely
 related;
   (4)  savings  in  amounts  equal  to  one hundred fifty percent of the
 income amount permitted under  subparagraph  seven  of  this  paragraph,
 provided,  however,  that  the amounts for one and two person households
 shall not be less than the amounts permitted to be  retained  by  house-
 holds of the same size in order to qualify for benefits under the feder-
 al supplemental security income program;
   (5)]  (i)  such  income  as  is  disregarded  or exempt under the cash
 assistance program to which the applicant is most  closely  related  for
 purposes  of this subparagraph, cash assistance program means either the
 aid to dependent children program as it existed on the sixteenth day  of
 July,  nineteen  hundred ninety-six, or the supplemental security income
 program; and
   (ii) such income of a disabled person (as  such  term  is  defined  in
 section 1614(a)(3) of the federal social security act (42 U.S.C. section
 1382c(a)(3)) or in accordance with any other rules or regulations estab-
 lished  by  the  social  security  administration), that is deposited in
 trusts as defined in clause (iii) of subparagraph two of  paragraph  (b)
 of  this subdivision in the same calendar month within which said income
 is received;
   [(6)] (3) health insurance premiums;
   [(7)] (4) income based on the number of family members in the  medical
 assistance  household,  as  defined  in  regulations by the commissioner
 consistent with federal regulations  under  title  XIX  of  the  federal
 social security act [and calculated as follows:
   (i)  The  amounts for one and two person households and families shall
 be equal to twelve times the standard of monthly  need  for  determining
 eligibility  for  and  the amount of additional state payments for aged,
 blind and disabled persons pursuant to section two hundred nine of  this
 article  rounded up to the next highest one hundred dollars for eligible
 individuals and couples living alone, respectively.
   (ii) The amounts for households of three or more shall  be  calculated
 by  increasing  the  income standard for a household of two, established
 pursuant to clause (i) of this subparagraph, by fifteen percent for each
 additional household member above two, such that the income standard for
 a three-person household shall be one hundred  fifteen  percent  of  the
 income  standard  for  a two-person household, the income standard for a
 S. 8007--A                         64                         A. 9007--A

 four-person household shall be one hundred thirty percent of the  income
 standard for a two-person household, and so on.
   (iii)]  THAT  DOES  NOT EXCEED ONE HUNDRED THIRTY-EIGHT PERCENT OF THE
 FEDERAL POVERTY LINE FOR THE APPLICABLE  FAMILY  SIZE,  WHICH  SHALL  BE
 CALCULATED  IN  ACCORDANCE  WITH  GUIDANCE  ISSUED  BY THE UNITED STATES
 SECRETARY FOR HEALTH AND HUMAN SERVICES;
   (5) No other income [or resources], including federal old-age,  survi-
 vors  and  disability  insurance,  state  disability  insurance or other
 payroll deductions, whether mandatory or optional, shall be  exempt  and
 all  other  income [and resources] shall be taken into consideration and
 required to be applied toward the payment or partial payment of the cost
 of medical care and services available under this title, to  the  extent
 permitted by federal law.
   [(9)  Subject to subparagraph eight, the] (6) THE department, upon the
 application of a local social services  district,  after  passage  of  a
 resolution  by  the local legislative body authorizing such application,
 may adjust the income exemption based upon the variations  between  cost
 of  shelter  in urban areas and rural areas in accordance with standards
 prescribed by the United  States  secretary  of  health,  education  and
 welfare.
   [(10)]  (7)  (i)  A  person who is receiving or is eligible to receive
 federal supplemental security income payments  and/or  additional  state
 payments is entitled to a personal needs allowance as follows:
   (A)  for  the  personal expenses of a resident of a residential health
 care facility, as defined by section twenty-eight  hundred  one  of  the
 public health law, the amount of fifty-five dollars per month;
   (B)  for  the  personal expenses of a resident of an intermediate care
 facility operated or licensed by the office  for  people  with  develop-
 mental disabilities or a patient of a hospital operated by the office of
 mental  health,  as  defined  by  subdivision ten of section 1.03 of the
 mental hygiene law, the amount of thirty-five dollars per month.
   (ii) A person who neither receives nor is eligible to receive  federal
 supplemental  security  income payments and/or additional state payments
 is entitled to a personal needs allowance as follows:
   (A) for the personal expenses of a resident of  a  residential  health
 care  facility,  as  defined  by section twenty-eight hundred one of the
 public health law, the amount of fifty dollars per month;
   (B) for the personal expenses of a resident of  an  intermediate  care
 facility  operated  or  licensed  by the office for people with develop-
 mental disabilities or a patient of a hospital operated by the office of
 mental health, as defined by subdivision ten  of  section  1.03  of  the
 mental hygiene law, the amount of thirty-five dollars per month.
   (iii)  Notwithstanding  the provisions of clauses (i) and (ii) of this
 subparagraph, the personal needs allowance for a person who is a veteran
 having neither a spouse nor a child, or a surviving spouse of a  veteran
 having  no child, who receives a reduced pension from the federal veter-
 ans administration, and who is a resident  of  a  nursing  facility,  as
 defined  in  section  1919  of the federal social security act, shall be
 equal to such reduced  monthly  pension  but  shall  not  exceed  ninety
 dollars per month.
   [(11)]  (8)  subject  to the availability of federal financial partic-
 ipation, any amount, including earnings thereon, in a qualified NY  ABLE
 account  as  established  pursuant  to article eighty-four of the mental
 hygiene law, any contributions to such NY ABLE account, and any distrib-
 ution for qualified disability  expenses  from  such  account;  provided
 S. 8007--A                         65                         A. 9007--A
 
 however,  that  such  exemption shall be consistent with section 529A of
 the Internal Revenue Code of 1986, as amended.
   §  6.  Subparagraphs  1  and  2  of  paragraph (b) of subdivision 2 of
 section 366 of the social services law, subparagraph  1  as  amended  by
 chapter  638 of the laws of 1993 and as designated by chapter 170 of the
 laws of 1994, subparagraph 2 as added by chapter  170  of  the  laws  of
 1994,  clause  (iii)  of subparagraph 2 as amended by chapter 187 of the
 laws of 2017, clause (iv) of subparagraph 2 as amended by chapter 656 of
 the laws of 1997 and as further amended by section  104  of  part  A  of
 chapter  62  of  the  laws of 2011, and clause (vi) of subparagraph 2 as
 added by chapter 435 of the  laws  of  2018,  are  amended  to  read  as
 follows:
   (1)  In  establishing  standards  for  determining eligibility for and
 amount of such assistance, the department shall take into  account  only
 such income [and resources], in accordance with federal requirements, as
 [are]  IS  available  to  the applicant or recipient and as would not be
 required to be disregarded or set aside  for  future  needs,  and  there
 shall  be a reasonable evaluation of any such income [or resources]. The
 department shall not consider the  availability  of  an  option  for  an
 accelerated  payment of death benefits or special surrender value pursu-
 ant to paragraph one of subsection  (a)  of  section  one  thousand  one
 hundred  thirteen  of  the  insurance  law, or an option to enter into a
 viatical settlement pursuant to the provisions of article  seventy-eight
 of  the insurance law, as an available resource in determining eligibil-
 ity for an amount  of  such  assistance,  provided,  however,  that  the
 payment  of such benefits shall be considered in determining eligibility
 for and amount of such assistance. There shall not be taken into consid-
 eration the financial responsibility of any individual for any applicant
 or recipient of assistance under this title  unless  such  applicant  or
 recipient  is such individual's spouse or such individual's child who is
 under twenty-one years of age. In determining the eligibility of a child
 who is categorically eligible as blind or disabled, as determined  under
 regulations  prescribed  by  the social security act for medical assist-
 ance, the income [and resources] of parents or spouses  of  parents  are
 not  considered  available  to  that  child if she/he does not regularly
 share the common household even if  the  child  returns  to  the  common
 household for periodic visits. In the application of standards of eligi-
 bility  with respect to income, costs incurred for medical care, whether
 in the form of insurance premiums or  otherwise,  shall  be  taken  into
 account.  Any  person who is eligible for, or reasonably appears to meet
 the criteria of eligibility for,  benefits  under  title  XVIII  of  the
 federal  social  security  act  shall be required to apply for and fully
 utilize such benefits in accordance with this chapter.
   (2) In evaluating the income [and resources] available to an applicant
 for or recipient of medical  assistance,  for  purposes  of  determining
 eligibility  for  and the amount of such assistance, the department must
 consider assets [held in or] paid from trusts created by such  applicant
 or  recipient,  as determined pursuant to the regulations of the depart-
 ment, in accordance with the provisions of this subparagraph.
   (i) In the case of a revocable trust created by an applicant or recip-
 ient, as determined pursuant to  regulations  of  the  department[:  the
 trust  corpus must be considered to be an available resource;], payments
 made from the trust to or for the benefit of such applicant or recipient
 must be considered to be available income; and any other  payments  from
 the  trust must be considered to be assets disposed of by such applicant
 S. 8007--A                         66                         A. 9007--A
 
 or recipient for purposes of paragraph (d) of subdivision five  of  this
 section.
   (ii)  In  the  case of an irrevocable trust created by an applicant or
 recipient, as determined pursuant to regulations of the department:  any
 portion  of  the  trust corpus, and of the income generated by the trust
 corpus, from which no payment can under any  circumstances  be  made  to
 such applicant or recipient must be considered, as of the date of estab-
 lishment  of  the  trust, or, if later, the date on which payment to the
 applicant or recipient is foreclosed, to be assets disposed of  by  such
 applicant or recipient for purposes of paragraph (d) of subdivision five
 of  this  section;  [any  portion of the trust corpus, and of the income
 generated by the trust corpus, from which payment could be  made  to  or
 for  the benefit of such applicant or recipient must be considered to be
 an available resource;] payments made from the trust to or for the bene-
 fit of such applicant or recipient must be considered  to  be  available
 income;  and  any other payments from the trust must be considered to be
 assets disposed of by such applicant or recipient for purposes of  para-
 graph (d) of subdivision five of this section.
   (iii)  Notwithstanding  the provisions of clauses (i) and (ii) of this
 subparagraph, in the case of an applicant or recipient who is  disabled,
 as  such  term  is  defined  in section 1614(a)(3) of the federal social
 security act, the department must not consider as available  income  [or
 resources]  the  [corpus or] income of the following trusts which comply
 with the provisions of the regulations authorized by clause (iv) of this
 subparagraph: (A) a trust containing the assets of such a disabled indi-
 vidual which was established for the benefit of the disabled  individual
 while  such individual was under sixty-five years of age by the individ-
 ual, a parent, grandparent, legal guardian, or court of competent juris-
 diction, if upon the death of such individual the state will receive all
 amounts remaining in the trust up to the  total  value  of  all  medical
 assistance paid on behalf of such individual; (B) and a trust containing
 the  assets  of  such a disabled individual established and managed by a
 non-profit association which maintains separate accounts for the benefit
 of disabled individuals, but, for purposes of investment and  management
 of  trust funds, pools the accounts, provided that accounts in the trust
 fund are established solely for the benefit of individuals who are disa-
 bled as such term is defined in section 1614(a)(3) of the federal social
 security act by such disabled individual, a parent,  grandparent,  legal
 guardian,  or  court  of  competent jurisdiction, and to the extent that
 amounts remaining in the individual's account are not  retained  by  the
 trust  upon the death of the individual, the state will receive all such
 remaining amounts up to the total value of all medical  assistance  paid
 on  behalf of such individual.  Notwithstanding any law to the contrary,
 a not-for-profit corporation may, in furtherance of and as an adjunct to
 its corporate purposes, act as trustee of a trust for persons with disa-
 bilities established pursuant to this subclause, provided that  a  trust
 company, as defined in subdivision seven of section one hundred-c of the
 banking law, acts as co-trustee.
   (iv) The department shall promulgate such regulations as may be neces-
 sary  to carry out the provisions of this subparagraph. Such regulations
 shall include provisions for:  assuring  the  fulfillment  of  fiduciary
 obligations of the trustee with respect to the remainder interest of the
 department or state; monitoring pooled trusts; applying this subdivision
 to  legal instruments and other devices similar to trusts, in accordance
 with applicable federal rules and regulations; and  establishing  proce-
 dures  under  which  the  application of this subdivision will be waived
 S. 8007--A                         67                         A. 9007--A
 
 with respect to an applicant or recipient  who  demonstrates  that  such
 application  would  work  an undue hardship on him or her, in accordance
 with standards specified by the secretary of the federal  department  of
 health and human services. Such regulations may require: notification of
 the  department of the creation or funding of such a trust for the bene-
 fit of an applicant for or recipient of medical assistance; notification
 of the department of the death of a beneficiary of such a trust who is a
 current or former recipient of medical assistance;  in  the  case  of  a
 trust, the corpus of which exceeds one hundred thousand dollars, notifi-
 cation  of  the  department  of  transactions  tending  to substantially
 deplete the trust corpus; notification of the department of  any  trans-
 actions  involving  transfers  from  the trust corpus for less than fair
 market value; the bonding of the trustee when the assets of such a trust
 equal or exceed one million dollars, unless a court of competent  juris-
 diction waives such requirement; and the bonding of the trustee when the
 assets  of such a trust are less than one million dollars, upon order of
 a court of competent jurisdiction. The  department,  together  with  the
 department of financial services, shall promulgate regulations governing
 the  establishment,  management  and  monitoring  of  trusts established
 pursuant to subclause (B) of clause (iii) of this subparagraph in  which
 a not-for-profit corporation and a trust company serve as co-trustees.
   (v)  Notwithstanding any acts, omissions or failures to act of a trus-
 tee of a trust which the department or a local social services  official
 has  determined  complies  with  the  provisions of clause (iii) and the
 regulations authorized by clause (iv) of this subparagraph, the  depart-
 ment  must  not  consider  the  [corpus  or] income of any such trust as
 available income [or resources] of the applicant  or  recipient  who  is
 disabled,  as  such term is defined in section 1614(a)(3) of the federal
 social security act. The department's remedy for redress  of  any  acts,
 omissions  or failures to act by such a trustee which acts, omissions or
 failures are considered by the department to be  inconsistent  with  the
 terms  of  the trust, contrary to applicable laws and regulations of the
 department, or contrary to the  fiduciary  obligations  of  the  trustee
 shall  be  the commencement of an action or proceeding under subdivision
 one of section sixty-three of the executive law to safeguard or  enforce
 the  state's  remainder  interest  in the trust, or such other action or
 proceeding as may be lawful and appropriate as to assure  compliance  by
 the  trustee  or to safeguard and enforce the state's remainder interest
 in the trust.
   (vi) The department shall provide written notice to an  applicant  for
 or  recipient  of  medical assistance who is or reasonably appears to be
 eligible for medical  assistance  except  for  having  income  exceeding
 applicable  income  levels.  The  notice  shall  inform the applicant or
 recipient, in plain language, that in certain circumstances the  medical
 assistance  program does not count the income of disabled applicants and
 recipients if it is placed in a trust described in clause (iii) of  this
 subparagraph.  The  notice shall be included with the eligibility notice
 provided to such applicants and recipients  and  shall  reference  where
 additional  information  may  be found on the department's website. This
 clause shall not be construed to change any  criterion  for  eligibility
 for medical assistance.
   §  7.  Paragraph  (a)  of  subdivision  3 of section 366 of the social
 services law, as amended by chapter 110 of the laws of 1971, is  amended
 to read as follows:
   (a)  Medical  assistance  shall  be  furnished  to applicants in cases
 where, although such applicant has a responsible  relative  with  suffi-
 S. 8007--A                         68                         A. 9007--A
 
 cient income [and resources] to provide medical assistance as determined
 by  the regulations of the department, the income [and resources] of the
 responsible relative are not available to such applicant because of  the
 absence  of  such relative or the refusal or failure of such relative to
 provide the necessary care and assistance.  In such cases, however,  the
 furnishing of such assistance shall create an implied contract with such
 relative,  and  the  cost thereof may be recovered from such relative in
 accordance with title six of article three OF  THIS  CHAPTER  and  other
 applicable provisions of law.
   §  8.  Paragraph  h  of  subdivision  6  of  section 366 of the social
 services law, as amended by section 69-b of part C of chapter 58 of  the
 laws of 2008, is amended to read as follows:
   h.  Notwithstanding  any  other provision of this chapter or any other
 law to the contrary, for  purposes  of  determining  medical  assistance
 eligibility  for  persons  specified in paragraph b of this subdivision,
 the income [and resources] of responsible relatives shall not be  deemed
 available for as long as the person meets the criteria specified in this
 subdivision.
   §  9.  Subparagraph (vii) of paragraph (b) of subdivision 7 of section
 366 of the social services law, as amended by chapter 324 of the laws of
 2004, is amended to read as follows:
   (vii) be ineligible for medical assistance  because  the  income  [and
 resources]  of responsible relatives are deemed available to him or her,
 causing him or her to exceed the income or  resource  eligibility  level
 for such assistance;
   §  10.  Paragraph  j  of  subdivision  7  of section 366 of the social
 services law, as amended by chapter 324 of the laws of 2004, is  amended
 to read as follows:
   j.  Notwithstanding  any  other  provision  of this chapter other than
 subdivision six of this section or any other law to  the  contrary,  for
 purposes of determining medical assistance eligibility for persons spec-
 ified  in paragraph b of this subdivision, the income [and resources] of
 a responsible relative shall not be deemed available for as long as  the
 person meets the criteria specified in this subdivision.
   §  11.  Subdivision  8  of  section 366 of the social services law, as
 added by chapter 41 of the laws of 1992, is amended to read as follows:
   8. Notwithstanding any inconsistent provision of this chapter  or  any
 other  law  to  the contrary, income [and resources] which are otherwise
 exempt from consideration in  determining  a  person's  eligibility  for
 medical care, services and supplies available under this title, shall be
 considered  available  for  the  payment or part payment of the costs of
 such medical care, services and supplies as required by federal law  and
 regulations.
   §  12.  Subparagraph (vi) of paragraph (b) of subdivision 9 of section
 366 of the social services law, as added by chapter 170 of the  laws  of
 1994, is amended to read as follows:
   (vi)  be  eligible  or,  if  discharged, would be eligible for medical
 assistance, or are ineligible for medical assistance because the  income
 [and resources] of responsible relatives are or, if discharged, would be
 deemed  available  to such persons causing them to exceed the income [or
 resource] eligibility level for such assistance;
   § 13. Paragraph k of subdivision  9  of  section  366  of  the  social
 services law, as added by chapter 170 of the laws of 1994, is amended to
 read as follows:
   k.  Notwithstanding  any provision of this chapter other than subdivi-
 sion six or seven of this section, or any other law to the contrary, for
 S. 8007--A                         69                         A. 9007--A

 purposes of determining medical assistance eligibility for persons spec-
 ified in paragraphs b  and  c  of  this  subdivision,  the  income  [and
 resources]  of  a responsible relative shall not be deemed available for
 as long as the person meets the criteria specified in this subdivision.
   §  14.  Paragraph  (d)  of subdivision 12 of section 366 of the social
 services law, as added by section 1 of part E of chapter 58 of the  laws
 of 2006, is amended to read as follows:
   (d)  Notwithstanding any provision of this chapter or any other law to
 the contrary, for purposes of determining medical assistance eligibility
 for persons specified in paragraph (b) of this subdivision,  the  income
 [and  resources]  of  a legally responsible relative shall not be deemed
 available for as long as the person meets the criteria specified in this
 subdivision; provided, however, that such income shall  continue  to  be
 deemed  unavailable  should responsibility for the care and placement of
 the person be returned to [his or her] THEIR  parent  or  other  legally
 responsible person.
   §  15.  Paragraph  (b) of subdivision 2 of section 366-a of the social
 services law is REPEALED and paragraphs (c) and (d),  paragraph  (d)  as
 added  by  section  29  of part B of chapter 58 of the laws of 2010, are
 relettered paragraphs (b) and (c).
   § 16. Paragraph (c) of subdivision 2 of section 366-a  of  the  social
 services law, as added by section 29 of part B of section 58 of the laws
 of  2010 and as relettered by section fifteen of this act, is amended to
 read as follows:
   (c) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
 sion,  an  applicant or recipient [whose eligibility under this title is
 determined without regard to  the  amount  of  his  or  her  accumulated
 resources]  may  attest  to  the  amount of interest income generated by
 [such] resources if the amount of such interest income is expected to be
 immaterial to medical  assistance  eligibility,  as  determined  by  the
 commissioner  of  health. In the event there is an inconsistency between
 the information reported by the applicant or recipient and any  informa-
 tion  obtained by the commissioner of health from other sources and such
 inconsistency is material to medical assistance eligibility, the commis-
 sioner of health shall request that the applicant or  recipient  provide
 adequate documentation to verify [his or her] THEIR interest income.
   §  17.  Paragraph  (d) of subdivision 2 of section 366-a of the social
 services law is REPEALED.
   § 18. Paragraph (a) of subdivision 8 of section 366-a  of  the  social
 services  law,  as  amended  by section 7 of part B of chapter 58 of the
 laws of 2010, is amended to read as follows:
   (a) Notwithstanding subdivisions two and five of this section,  infor-
 mation  concerning  income [and resources] of applicants for and recipi-
 ents of medical assistance may be verified by matching  client  informa-
 tion with information contained in the wage reporting system established
 by  section  one  hundred  seventy-one-a  of  the tax law and in similar
 systems operating in other geographically contiguous states, by means of
 an income verification performed pursuant to a memorandum of understand-
 ing with the department of taxation and finance pursuant to  subdivision
 four  of  section  one hundred seventy-one-b of the tax law, and, to the
 extent required by federal law, with information contained in  the  non-
 wage  income  file  maintained  by  the  United  States internal revenue
 service, in the beneficiary  data  exchange  maintained  by  the  United
 States  department of health and human services, and in the unemployment
 insurance benefits file. Such  matching  shall  provide  for  procedures
 which  document significant inconsistent results of matching activities.
 S. 8007--A                         70                         A. 9007--A
 
 Nothing in this section shall be construed to  prohibit  activities  the
 department   reasonably  believes  necessary  to  conform  with  federal
 requirements under section one thousand one hundred thirty-seven of  the
 social security act.
   §  19.  Subdivision  1 of section 366-c of the social services law, as
 added by chapter 558 of the laws of 1989, is amended to read as follows:
   1. Notwithstanding any other provision of  law  to  the  contrary,  in
 determining  the  eligibility for medical assistance of a person defined
 as an institutionalized spouse,  the  income  [and  resources]  of  such
 person and the person's community spouse shall be treated as provided in
 this section.
   § 20. Paragraphs (c), (d) and (e) of subdivision 2 of section 366-c of
 the  social services law are REPEALED and paragraphs (f), (g), (h), (i),
 (j) and (k) of subdivision 2 are relettered paragraphs  (c),  (d),  (e),
 (f), (g) and (h).
   § 21. Subdivisions 5 and 6 of section 366-c of the social services law
 are  REPEALED and subdivisions 7 and 8 are renumbered subdivisions 5 and
 6.
   § 22. Subdivisions 5 and 6 of section 366-c  of  the  social  services
 law,  as  added  by chapter 558 of the laws of 1989 and as relettered by
 section twenty-one of this act, are amended to read as follows:
   5. (a) At the beginning or after  the  commencement  of  a  continuous
 period of institutionalization, either spouse may request [an assessment
 of  the total value of their resources or] a determination of the commu-
 nity spouse monthly income allowance, the amount of  the  family  allow-
 ance,  or the method of computing the amount of the family allowance, or
 the method of computing the amount of the community spouse income allow-
 ance.
   (b) [(i) Upon receipt of a request pursuant to paragraph (a)  of  this
 subdivision together with all relevant documentation of the resources of
 both spouses, the social services district shall assess and document the
 total  value  of  the  spouses' resources and provide each spouse with a
 copy of the assessment and the documentation upon which it was based. If
 the request is not part of an application for medical  assistance  bene-
 fits,  the  social services district may charge a fee for the assessment
 which is related to the cost of preparing and copying the assessment and
 documentation which fee may not exceed twenty-five dollars.
   (ii) The social services district shall also  notify  each  requesting
 spouse  of the community spouse monthly income allowance, of the amount,
 if any, of the family allowances, and of the  method  of  computing  the
 amount of the community spouse monthly income allowance.
   (c)]  The  social services district shall also provide to the spouse a
 notice of the right to a fair hearing at the time of  provision  of  the
 information requested under paragraph (a) of this subdivision or after a
 determination  of  eligibility for medical assistance. Such notice shall
 be in the form prescribed or approved by the commissioner and include  a
 statement  advising the spouse of the right to a fair hearing under this
 section.
   6. (a) If, after a determination on an application for medical assist-
 ance has been made, either spouse is dissatisfied with the determination
 of the community spouse monthly allowance[,] OR the  amount  of  monthly
 income  otherwise available to the community spouse, [the computation of
 the spousal share of resources, the  attribution  of  resources  or  the
 determination of the community spouse's resource allocation,] the spouse
 may  request  a fair hearing to dispute such determination. Such hearing
 shall be held within thirty days of the request therefor.
 S. 8007--A                         71                         A. 9007--A
 
   (b) If either spouse  establishes  that  the  community  spouse  needs
 income  above  the  level established by the social services district as
 the minimum monthly maintenance needs allowance, based upon  exceptional
 circumstances which result in significant financial distress (as defined
 by  the commissioner in regulations), the department shall substitute an
 amount adequate to provide additional necessary income from  the  income
 otherwise available to the institutionalized spouse.
   [(c)  If either spouse establishes that income generated by the commu-
 nity spouse resource  allowance,  established  by  the  social  services
 district,  is  inadequate  to raise the community spouse's income to the
 minimum monthly maintenance needs allowance, the department shall estab-
 lish a resource allowance for the spousal share of the institutionalized
 spouse adequate to provide such minimum monthly maintenance needs allow-
 ance.]
   § 23. The commissioner of health shall,  consistent  with  the  social
 services  law,  make  any  necessary  amendments  to  the state plan for
 medical assistance submitted pursuant to section  three  hundred  sixty-
 three  of  the social services law, in order to ensure federal financial
 participation in expenditures under the  provisions  of  this  act.  The
 provisions  of  this  act  shall  not  take  effect unless all necessary
 approvals under federal law and regulation have been obtained to receive
 federal financial participation for the costs of services provide  here-
 under.
   §  24.  This act shall take effect January 1, 2023, subject to federal
 financial participation; provided, however that the amendments to  para-
 graph  h of subdivision 6 of section 366 of the social services law made
 by section eight of this act shall not affect the repeal of such  subdi-
 vision and shall be deemed repealed therewith; provided further that the
 commissioner  of  health  shall  notify  the  legislative  bill drafting
 commission upon the occurrence of  federal  financial  participation  in
 order  that the commission may maintain an accurate and timely effective
 data base of the official text of the laws of the state of New  York  in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law.
 
                                  PART O
 
   Section  1. Subdivision 3 of section 367-r of the social services law,
 as added by section 2 of part PP of chapter 56 of the laws of  2020,  is
 amended and a new subdivision 4 is added to read as follows:
   3.   Provider  directory  for  fee-for-service  private  duty  nursing
 services provided to medically fragile children AND ADULTS.  The commis-
 sioner of health is authorized to establish  a  directory  of  qualified
 providers  for  the  purpose  of promoting the availability and ensuring
 delivery of fee-for-service private duty nursing services  to  medically
 fragile  children  and individuals transitioning out of such category of
 care, AND MEDICALLY FRAGILE ADULTS.   Qualified providers  enrolling  in
 the  directory  shall  ensure the availability and delivery of and shall
 provide such services to those  individuals  as  are  in  need  of  such
 services,  and  shall  receive increased reimbursement for such services
 pursuant to paragraph (c) of  subdivision  two,  AND  PARAGRAPH  (C)  OF
 SUBDIVISION  FOUR  of this section. The directory shall offer enrollment
 to all private duty nursing services providers to promote and ensure the
 participation in the directory of all nursing services providers  avail-
 able to serve medically fragile children AND ADULTS.
 S. 8007--A                         72                         A. 9007--A
 
   4. MEDICALLY FRAGILE ADULTS. (A) THE COMMISSIONER SHALL INCREASE RATES
 FOR PRIVATE DUTY NURSING SERVICES THAT ARE PROVIDED TO MEDICALLY FRAGILE
 ADULTS,  AS  SUCH  TERM IS DEFINED BY THE COMMISSIONER IN REGULATION, TO
 ENSURE THE AVAILABILITY OF SUCH SERVICES TO SUCH ADULTS.  IN  ESTABLISH-
 ING  RATES  OF  PAYMENT  UNDER  THIS SUBDIVISION, THE COMMISSIONER SHALL
 CONSIDER THE COST NEUTRALITY OF SUCH RATES AS RELATED TO THE COST EFFEC-
 TIVENESS OF CARING FOR MEDICALLY FRAGILE ADULTS IN  A  NON-INSTITUTIONAL
 SETTING  AS  COMPARED  TO AN INSTITUTIONAL SETTING. SUCH INCREASED RATES
 FOR SERVICES RENDERED TO SUCH ADULTS MAY  TAKE  INTO  CONSIDERATION  THE
 ELEMENTS  OF  COST,  GEOGRAPHICAL  DIFFERENTIALS IN THE ELEMENTS OF COST
 CONSIDERED, ECONOMIC FACTORS IN THE AREA IN WHICH THE PRIVATE DUTY NURS-
 ING SERVICE IS PROVIDED, COSTS ASSOCIATED WITH THE PROVISION OF  PRIVATE
 DUTY  NURSING  SERVICES  TO  MEDICALLY  FRAGILE ADULTS, AND THE NEED FOR
 INCENTIVES  TO  IMPROVE  SERVICES  AND  INSTITUTE  ECONOMIES  AND   SUCH
 INCREASED  RATES  SHALL BE PAYABLE ONLY TO THOSE PRIVATE DUTY NURSES WHO
 CAN DEMONSTRATE, TO THE SATISFACTION OF THE DEPARTMENT OF HEALTH, SATIS-
 FACTORY TRAINING AND EXPERIENCE TO PROVIDE SERVICES TO SUCH ADULTS. SUCH
 INCREASED RATES SHALL BE DETERMINED BASED ON APPLICATION OF THE CASE MIX
 ADJUSTMENT FACTOR FOR AIDS HOME CARE PROGRAM SERVICES  RATES  AS  DETER-
 MINED  PURSUANT  TO  APPLICABLE REGULATIONS OF THE DEPARTMENT OF HEALTH.
 THE COMMISSIONER MAY PROMULGATE REGULATIONS TO IMPLEMENT THE  PROVISIONS
 OF  THIS  SUBDIVISION. (B) PRIVATE DUTY NURSING SERVICES PROVIDERS WHICH
 HAVE THEIR RATES ADJUSTED PURSUANT TO PARAGRAPH (A) OF THIS  SUBDIVISION
 SHALL  USE  SUCH  FUNDS  SOLELY  FOR  THE  PURPOSES  OF  RECRUITMENT AND
 RETENTION OF PRIVATE DUTY NURSES OR TO ENSURE THE  DELIVERY  OF  PRIVATE
 DUTY  NURSING  SERVICES  TO  MEDICALLY FRAGILE ADULTS AND ARE PROHIBITED
 FROM USING SUCH FUNDS FOR ANY OTHER PURPOSE. FUNDS PROVIDED UNDER  PARA-
 GRAPH  (A)  OF  THIS  SUBDIVISION  ARE  NOT INTENDED TO SUPPLANT SUPPORT
 PROVIDED BY A LOCAL GOVERNMENT. EACH SUCH PROVIDER, WITH  THE  EXCEPTION
 OF  SELF-EMPLOYED  PRIVATE DUTY NURSES, SHALL SUBMIT, AT A TIME AND IN A
 MANNER TO BE DETERMINED BY THE COMMISSIONER OF HEALTH, A WRITTEN CERTIF-
 ICATION ATTESTING THAT SUCH FUNDS WILL BE USED SOLELY FOR THE PURPOSE OF
 RECRUITMENT AND RETENTION OF PRIVATE DUTY NURSES OR TO ENSURE THE DELIV-
 ERY OF PRIVATE DUTY NURSING SERVICES TO MEDICALLY  FRAGILE  ADULTS.  THE
 COMMISSIONER  OF HEALTH AND THEIR DESIGNEES ARE AUTHORIZED TO AUDIT EACH
 SUCH PROVIDER  TO  ENSURE  COMPLIANCE  WITH  THE  WRITTEN  CERTIFICATION
 REQUIRED  BY  THIS  SUBDIVISION AND SHALL RECOUP ALL FUNDS DETERMINED TO
 HAVE BEEN USED FOR PURPOSES OTHER  THAN  RECRUITMENT  AND  RETENTION  OF
 PRIVATE  DUTY NURSES OR THE DELIVERY OF PRIVATE DUTY NURSING SERVICES TO
 MEDICALLY FRAGILE ADULTS. SUCH RECOUPMENT SHALL BE IN  ADDITION  TO  ANY
 OTHER  PENALTIES  PROVIDED BY LAW. (C) THE COMMISSIONER OF HEALTH SHALL,
 SUBJECT TO THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION, AND  THE
 PROVISIONS  OF  SUBDIVISION  THREE  OF  THIS SECTION, AND SUBJECT TO THE
 AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION, INCREASE FEES  FOR  THE
 FEE-FOR  SERVICE REIMBURSEMENT OF PRIVATE DUTY NURSING SERVICES PROVIDED
 TO MEDICALLY FRAGILE ADULTS  BY  FEE-FOR-SERVICE  PRIVATE  DUTY  NURSING
 SERVICES  PROVIDERS WHO ENROLL AND PARTICIPATE IN THE PROVIDER DIRECTORY
 PURSUANT TO SUBDIVISION THREE OF THIS SECTION, COMMENCING  APRIL  FIRST,
 TWO THOUSAND TWENTY-TWO, SUCH THAT SUCH FEES FOR REIMBURSEMENT EQUAL THE
 FINAL  BENCHMARK  PAYMENT  DESIGNED  TO  ENSURE  ADEQUATE  ACCESS TO THE
 SERVICE. IN DEVELOPING SUCH BENCHMARK THE  COMMISSIONER  OF  HEALTH  MAY
 UTILIZE THE AVERAGE TWO THOUSAND EIGHTEEN MEDICAID MANAGED CARE PAYMENTS
 FOR REIMBURSEMENT OF SUCH PRIVATE DUTY NURSING SERVICES. THE COMMISSION-
 ER  MAY PROMULGATE REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARA-
 GRAPH.
 S. 8007--A                         73                         A. 9007--A
 
   § 2. Section 21 of part MM of chapter 56 of the laws of 2020,  direct-
 ing  the  department of health to establish  or  procure the services of
 an independent panel of clinical professionals and to develop and imple-
 ment a uniform  task-based  assessment  tool,  is  amended  to  read  as
 follows:
   §  21.  The  department  of health shall develop[, directly or through
 procurement, and shall implement an evidenced  based  validated  uniform
 task-based  assessment tool no later than April 1, 2021,] GUIDELINES AND
 STANDARDS FOR THE USE OF TASKING TOOLS to assist managed care plans  and
 local departments of social services to make appropriate and individual-
 ized  determinations for utilization of home care services in accordance
 with applicable state and federal law  and  regulations,  including  the
 number  of personal care services and consumer directed personal assist-
 ance hours of care each day[,] provided pursuant to the state's  medical
 assistance  program,  and  how Medicaid recipients' needs for assistance
 with activities of daily living can be met, such as through  telehealth,
 provided  that  services rendered via telehealth meet equivalent quality
 and safety standards of services provided through non-electronic  means,
 and  other available alternatives, including family and social supports.
 [Notwithstanding the provisions of section 163 of the state finance law,
 or sections 142 and 143 of the economic development law, or any contrary
 provision of law, a contract may be entered without a competitive bid or
 request for proposal process if such contract  is  for  the  purpose  of
 developing  the  evidence  based validated uniform task-based assessment
 tool described in this section, provided that:
   (a) The department of health shall post on its website, for  a  period
 of no less than 30 days:
   (i)  A  description of the evidence based validated uniform task-based
 assessment tool to be developed pursuant to the contract;
   (ii) The criteria for contractor selection;
   (iii) The period of time during which  a  prospective  contractor  may
 seek  to be selected by the department of health, which shall be no less
 than 30 days after such information is first posted on the website; and
   (iv) The manner  by  which  a  prospective  contractor  may  submit  a
 proposal  for  selection,  which  may  include  submission by electronic
 means;
   (b) All reasonable and responsive submissions that are  received  from
 prospective  contractors  in  a  timely fashion shall be reviewed by the
 commissioner of health;
   (c) The commissioner of health shall select such  contractor  that  is
 best  suited  to  serve  the  purposes  of this section and the needs of
 recipients; and
   (d) All decisions made and approaches taken pursuant to  this  section
 shall  be  documented  in a procurement record as defined in section one
 hundred sixty-three of the state finance law.]
   § 3. The public health law is amended by adding a new article 29-EE to
 read as follows:
                               ARTICLE 29-EE
                         PROGRAMS OF ALL-INCLUSIVE
                           CARE FOR THE ELDERLY
 SECTION 2999-S. DEFINITIONS.
         2999-T. PACE ORGANIZATION ESTABLISHMENT.
         2999-U. CRITERIA FOR PROGRAM ELIGIBILITY AND LICENSURE.
         2999-V. ELIGIBILITY AND ENROLLMENT.
         2999-W. INCLUDED PROGRAM BENEFITS.
         2999-X. REIMBURSEMENT.
 S. 8007--A                         74                         A. 9007--A
 
   § 2999-S. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "PACE ORGANIZATION" MEANS A PACE PROVIDER, AS DEFINED IN 42 U.S.C.
 § 1395(EEE), ESTABLISHED IN ACCORDANCE WITH FEDERAL PUBLIC  LAW  105-33,
 SUBTITLE  I  OF  TITLE  IV OF THE BALANCED BUDGET ACT OF 1997, INCLUDING
 AMENDMENTS THERETO.
   2. "PACE" OR "PACE PROGRAM" MEANS THE PROGRAM  OF  ALL-INCLUSIVE  CARE
 FOR  THE ELDERLY, WHICH SHALL INCLUDE THOSE PROGRAMS DEFINED AS "OPERAT-
 ING DEMONSTRATIONS" BY SECTION FORTY-FOUR HUNDRED THREE-F OF THIS  CHAP-
 TER.
   3. "PACE CENTER" MEANS A FACILITY ESTABLISHED IN ACCORDANCE WITH REGU-
 LATIONS  PROMULGATED  HEREUNDER  THAT IS OPERATED BY A PACE ORGANIZATION
 WHERE PRIMARY CARE AND OTHER SERVICES ARE FURNISHED TO ENROLLEES OF SUCH
 PROGRAM.
   § 2999-T. PACE  ORGANIZATION  ESTABLISHMENT.  1.  NOTWITHSTANDING  ANY
 INCONSISTENT PROVISION TO THE CONTRARY, THE COMMISSIONER SHALL ESTABLISH
 A PROGRAM FOR ALL-INCLUSIVE CARE FOR THE ELDERLY IN NEW YORK, TO PROVIDE
 COMMUNITY-BASED,  RISK-BASED,  AND  CAPITATED LONG-TERM CARE SERVICES AS
 OPTIONAL SERVICES UNDER THE STATE'S MEDICAID STATE PLAN AND ANY APPLICA-
 BLE WAIVERS, AS WELL AS UNDER CONTRACTS ENTERED INTO BETWEEN THE FEDERAL
 CENTERS FOR MEDICARE AND MEDICAID SERVICES,  THE  DEPARTMENT,  AND  PACE
 ORGANIZATIONS.
   2.  THE ESTABLISHMENT OF SUCH A PROGRAM SHALL NOT PRECLUDE THE CONTIN-
 UED OPERATION OF EXISTING APPROVED PACE ORGANIZATIONS  AT  THE  TIME  OF
 ENACTMENT  OR  IMPLEMENTATION OF THIS ARTICLE. THE DEPARTMENT MAY ESTAB-
 LISH A PROCESS, IF DEEMED NECESSARY, TO ASSIST THE  TRANSITION  OF  SUCH
 EXISTING  PROGRAMS THROUGH PROCESSES AND REQUIREMENTS SET FORTH PURSUANT
 TO THIS ARTICLE.
   § 2999-U. CRITERIA FOR PROGRAM ELIGIBILITY AND LICENSURE.  1.  PROGRAM
 CRITERIA.  THE  REQUIREMENTS OF THE PACE MODEL, AS PROVIDED FOR PURSUANT
 TO 42 U.S.C. § 1395(EEE) AND 42 U.S.C. § 1396(U-4), INCLUDING AMENDMENTS
 THERETO, SHALL NOT BE WAIVED OR MODIFIED. NEW YORK STATE PACE  ORGANIZA-
 TION REQUIREMENTS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) THE PROVISION AND MAINTENANCE OF A PACE CENTER; AND
   (B)  THE  ADOPTION  AND  IMPLEMENTATION  OF  AN INTERDISCIPLINARY TEAM
 APPROACH TO CARE MANAGEMENT, CARE DELIVERY, AND CARE PLANNING.
   2. CONTRACTING. (A) NOTWITHSTANDING SECTIONS ONE  HUNDRED  TWELVE  AND
 ONE  HUNDRED  SIXTY-THREE  OF  THE  STATE  FINANCE  LAW AND SECTIONS ONE
 HUNDRED FORTY-TWO AND ONE HUNDRED FORTY-THREE OF THE  ECONOMIC  DEVELOP-
 MENT  LAW, THE DEPARTMENT MAY ENTER INTO CONTRACTS, INCLUDING AMENDMENTS
 OR EXTENSIONS THERETO, WITH PUBLIC OR PRIVATE  ORGANIZATIONS  THAT  MEET
 THE STANDARDS FOR LICENSURE ESTABLISHED UNDER THIS ARTICLE AND UNDER ANY
 PROCESS  ESTABLISHED  TO  ASSIST IN THE TRANSITION OF EXISTING PROGRAMS,
 FOR IMPLEMENTATION AND OPERATION OF A PACE ORGANIZATION.
   (B) THE DEPARTMENT MAY ENTER INTO ADDITIONAL CONTRACTS AS NECESSARY TO
 IMPLEMENT, OPERATE OR OVERSEE THE PROGRAM, OR ANY OTHER CONTRACTS DEEMED
 NECESSARY TO PROVIDE COMPREHENSIVE COMMUNITY-BASED, RISK-BASED AND CAPI-
 TATED LONG-TERM CARE TO ELIGIBLE POPULATIONS UNDER THE PACE PROGRAM.
   (C) PACE ORGANIZATIONS SHALL CONTRACT WITH  THE  FEDERAL  CENTERS  FOR
 MEDICARE  AND MEDICAID SERVICES TO ENTER INTO A PACE ORGANIZATION AGREE-
 MENT.
   3. LICENSURE. (A) IN  SETTING  FORTH  REQUIREMENTS  TO  ESTABLISH  THE
 STATE'S  PACE  ORGANIZATION,  THE DEPARTMENT SHALL PROVIDE FOR A UNIFIED
 LICENSURE PROCESS FOR PACE ORGANIZATIONS THAT IS  INCLUSIVE  OF  PROGRAM
 REQUIREMENTS  SET  FORTH  UNDER  ARTICLES  TWENTY-EIGHT, THIRTY-SIX, AND
 FORTY-FOUR OF THIS CHAPTER, AS WELL AS PERTINENT REGULATORY REQUIREMENTS
 S. 8007--A                         75                         A. 9007--A
 
 FOR PACE ORGANIZATIONS IN ACCORDANCE WITH A  REGULATORY  APPROACH  WHICH
 SHALL BE ESTABLISHED BY THE DEPARTMENT.
   (B) AN ENTITY MAY NOT OPERATE A PACE ORGANIZATION IN THE STATE WITHOUT
 BEING  LICENSED  IN ACCORDANCE WITH THIS SUBDIVISION AND ANY REGULATIONS
 PROMULGATED HEREUNDER; PROVIDED, HOWEVER, THAT  THIS  REQUIREMENT  SHALL
 NOT  BE  CONSTRUED  TO DISALLOW THE OPERATION OF APPROVED PACE ORGANIZA-
 TIONS AT THE TIME OF ENACTMENT OR IMPLEMENTATION OF THIS ACT IN  ACCORD-
 ANCE  WITH ANY PROCESS ESTABLISHED BY THE DEPARTMENT TO ASSIST THE TRAN-
 SITION OF SUCH EXISTING PROGRAMS THROUGH PROCESSES AND REQUIREMENTS  SET
 FORTH IN ACCORDANCE WITH THIS ARTICLE.
   4. OPERATIONS AND OVERSIGHT. THE DEPARTMENT SHALL:
   (A)  ESTABLISH  REQUIREMENTS FOR FINANCIAL SOLVENCY FOR PACE ORGANIZA-
 TIONS IN COMPLIANCE WITH THOSE SET FORTH IN PARAGRAPH (C) OF SUBDIVISION
 ONE OF SECTION FORTY-FOUR HUNDRED  THREE  OF  THIS  CHAPTER,  AND  SHALL
 ESTABLISH A CONTINGENT RESERVE REQUIREMENT FOR PACE ORGANIZATIONS WHICH,
 PURSUANT TO REGULATIONS, MAY BE DIFFERENT THAN OTHER PLANS;
   (B)  PROVIDE OVERSIGHT OF PACE ORGANIZATION OPERATIONS IN COORDINATION
 WITH THE CENTERS FOR  MEDICARE  AND  MEDICAID  SERVICES,  INCLUDING  THE
 ESTABLISHMENT  OF  ANY  RULES  APPROPRIATE  FOR  THE SAFE, EFFICIENT AND
 ORDERLY ADMINISTRATION OF THE PROGRAM AND FOR THE MAINTENANCE OR REVOCA-
 TION OF LICENSURE UNDER THIS ARTICLE.
   § 2999-V. ELIGIBILITY AND ENROLLMENT. 1. TO BE ELIGIBLE FOR ENROLLMENT
 IN A PACE ORGANIZATION, AN INDIVIDUAL MUST:
   (A) BE AT LEAST FIFTY-FIVE YEARS OLD; AND
   (B) MEET THE STATE'S ELIGIBILITY CRITERIA FOR NURSING HOME LEVEL OF
   CARE; AND
   (C) RESIDE WITHIN THE PACE APPROVED SERVICE AREA; AND
   (D) BE ABLE TO BE MAINTAINED SAFELY IN A  COMMUNITY-BASED  SETTING  AT
 THE TIME OF ENROLLMENT WITH THE ASSISTANCE OF THE PACE ORGANIZATION; AND
   (E)  MEET  ANY  ADDITIONAL  PROGRAM  SPECIFIC  ELIGIBILITY  CONDITIONS
 IMPOSED UNDER THE PACE PROGRAM AGREEMENT BETWEEN THE PACE  ORGANIZATION,
 THE DEPARTMENT, AND THE CENTERS FOR MEDICARE AND MEDICAID SERVICES; OR
   (F) BE OTHERWISE ELIGIBLE FOR PARTICIPATION IN A PACE DEMONSTRATION OR
 SPECIALTY  PROGRAM  AUTHORIZED  BY  THE  FEDERAL PACE INNOVATION ACT AND
 APPROVED BY THE CENTERS FOR  MEDICARE  AND  MEDICAID  SERVICES  AND  THE
 DEPARTMENT.  NOTWITHSTANDING  ANY  LAW OR REGULATION TO THE CONTRARY, IN
 THE EVENT THAT FEDERAL LAW OR REGULATION PERMITS EXPANDED ELIGIBILITY OR
 ENROLLMENT OPTIONS, ELIGIBILITY OR ENROLLMENT FOR  THE  APPLICABLE  PACE
 ORGANIZATIONS MAY, IF APPROVED BY THE DEPARTMENT, CONFORM TO SUCH STAND-
 ARDS AS PERMITTED UNDER SUCH FEDERAL AUTHORITY.
   2.  ENROLLMENT  AND PARTICIPATION BY INDIVIDUALS IN PACE ORGANIZATIONS
 SHALL BE VOLUNTARY.
   § 2999-W. INCLUDED PROGRAM BENEFITS. ENROLLEES IN ALL  PACE  ORGANIZA-
 TIONS  SHALL  BE  PROVIDED  A  BENEFIT  PACKAGE, REGARDLESS OF SOURCE OF
 PAYMENT, THAT INCLUDES:
   1. ALL MEDICARE-COVERED ITEMS AND SERVICES;
   2. ALL MEDICAID-COVERED  ITEMS  AND  SERVICES,  AS  SPECIFIED  IN  THE
 STATE'S  MEDICAID  PLAN  AND UNDER SECTION THREE HUNDRED SIXTY-FOUR-J OF
 THE SOCIAL SERVICES LAW; AND
   3. OTHER SUCH SERVICES AS DETERMINED NECESSARY BY  THE  INTERDISCIPLI-
 NARY  TEAM  TO  IMPROVE  AND  MAINTAIN  THE PARTICIPANT'S OVERALL HEALTH
 STATUS.
   § 2999-X. REIMBURSEMENT. THE DEPARTMENT SHALL DEVELOP  AND  IMPLEMENT,
 IN  CONFORMANCE  WITH APPLICABLE FEDERAL REQUIREMENTS, A METHODOLOGY FOR
 ESTABLISHING RATES OF PAYMENT FOR COSTS OF  BENEFITS  PROVIDED  BY  PACE
 ORGANIZATIONS TO ITS MEDICAID ELIGIBLE ENROLLEES.
 S. 8007--A                         76                         A. 9007--A
 
   §  4.  This act shall take effect immediately; provided, however, that
 section three of this act shall take effect upon the adoption  of  rules
 and regulations by the commissioner of health governing the licensure of
 PACE  organizations as provided under article 29-EE of the public health
 law as added by section three of this act; provided that the commission-
 er  of health shall notify the legislative bill drafting commission upon
 the occurrence of the adoption of rules and regulations pursuant to such
 section in order that the commission may maintain an accurate and timely
 effective data base of the official text of the laws of the state of New
 York in furtherance of effectuating the provisions of section 44 of  the
 legislative  law  and section 70-b of the public officers law. Effective
 immediately, the addition, amendment and/or repeal of any rule or  regu-
 lation  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
 
   Section 1. Subdivision 2 of section 364-j of the social  services  law
 is amended by adding a new paragraph (d) to read as follows:
   (D) EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-TWO AND EXPIRING ON THE
 DATE  THE  COMMISSIONER OF HEALTH PUBLISHES ON ITS WEBSITE A REQUEST FOR
 PROPOSALS IN ACCORDANCE WITH PARAGRAPH (A) OF SUBDIVISION FIVE  OF  THIS
 SECTION,  THE  COMMISSIONER  OF  HEALTH  SHALL PLACE A MORATORIUM ON THE
 PROCESSING AND APPROVAL OF APPLICATIONS SEEKING AUTHORITY TO ESTABLISH A
 MANAGED CARE PROVIDER, INCLUDING APPLICATIONS SEEKING  AUTHORIZATION  TO
 EXPAND THE SCOPE OF ELIGIBLE ENROLLEE POPULATIONS. SUCH MORATORIUM SHALL
 NOT APPLY TO:
   (I)  APPLICATIONS  SUBMITTED TO THE DEPARTMENT PRIOR TO JANUARY FIRST,
 TWO THOUSAND TWENTY-TWO;
   (II) APPLICATIONS SEEKING APPROVAL TO TRANSFER OWNERSHIP OR CONTROL OF
 AN EXISTING MANAGED CARE PROVIDER;
   (III) APPLICATIONS SEEKING AUTHORIZATION TO EXPAND AN EXISTING MANAGED
 CARE PROVIDER'S APPROVED SERVICE AREA;
   (IV) APPLICATIONS SEEKING AUTHORIZATION TO FORM OR OPERATE  A  MANAGED
 CARE  PROVIDER  THROUGH  AN ENTITY CERTIFIED UNDER SECTION FOUR THOUSAND
 FOUR HUNDRED THREE-C OR FOUR THOUSAND FOUR HUNDRED THREE-G OF THE PUBLIC
 HEALTH LAW;
   (V) APPLICATIONS DEMONSTRATING TO THE COMMISSIONER OF HEALTH'S  SATIS-
 FACTION  THAT  SUBMISSION  OF THE APPLICATION FOR CONSIDERATION WOULD BE
 APPROPRIATE TO ADDRESS A SERIOUS CONCERN WITH CARE DELIVERY, SUCH  AS  A
 LACK  OF  ADEQUATE ACCESS TO MANAGED CARE PROVIDERS IN A GEOGRAPHIC AREA
 OR A LACK OF ADEQUATE AND APPROPRIATE CARE, LANGUAGE AND CULTURAL COMPE-
 TENCE, OR SPECIAL NEEDS SERVICES.
   § 2. Subdivision 5 of section 364-j of the  social  services  law,  as
 amended by section 15 of part C of chapter 58 of the laws of 2004, para-
 graph  (a)  as amended by section 40 of part A of chapter 56 of the laws
 of 2013, paragraphs (d), (e) and (f) as amended by section 80 of part  H
 of chapter 59 of the laws of 2011, is amended to read as follows:
   5.  Managed  care  programs  shall be conducted in accordance with the
 requirements of this section and, to the extent  practicable,  encourage
 the  provision of comprehensive medical services, pursuant to this arti-
 cle.
   (a) The managed care  program  NOTWITHSTANDING  SECTIONS  ONE  HUNDRED
 TWELVE  AND  ONE  HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, SECTIONS
 ONE HUNDRED FORTY-TWO AND ONE HUNDRED FORTY-THREE OF THE ECONOMIC DEVEL-
 S. 8007--A                         77                         A. 9007--A
 
 OPMENT LAW, AND ANY OTHER INCONSISTENT PROVISION OF LAW, THE COMMISSION-
 ER OF HEALTH shall, THROUGH A COMPETITIVE BID PROCESS BASED ON PROPOSALS
 SUBMITTED TO THE DEPARTMENT, provide  for  the  selection  of  qualified
 managed care providers [by the commissioner of health] to participate in
 the  MANAGED  CARE  program  PURSUANT TO A CONTRACT WITH THE DEPARTMENT,
 including [comprehensive HIV special  needs  plans  and]  special  needs
 managed  care  plans  in accordance with the provisions of section three
 hundred sixty-five-m of this title; provided, however, that the  commis-
 sioner  of  health  may contract directly with comprehensive HIV special
 needs plans [consistent with standards set forth in this section]  WITH-
 OUT A COMPETITIVE BID PROCESS, and assure that such providers are acces-
 sible taking into account the needs of persons with disabilities and the
 differences  between  rural, suburban, and urban settings, and in suffi-
 cient numbers to meet the health care needs of participants,  and  shall
 consider  the extent to which major public hospitals are included within
 such providers' networks[.
   (b) A proposal]; AND PROVIDED FURTHER THAT:
   (I) PROPOSALS submitted by a managed care provider to  participate  in
 the managed care program shall:
   [(i)]  (A)  designate  the  geographic [area] AREAS, AS DEFINED BY THE
 COMMISSIONER OF HEALTH IN THE REQUEST FOR PROPOSALS, to  be  served  [by
 the  provider],  and  estimate  the  number of eligible participants and
 actual participants in such designated area;
   [(ii)] (B) include a network of health care  providers  in  sufficient
 numbers and geographically accessible to service program participants;
   [(iii)]  (C)  describe  the  procedures  for  marketing in the program
 location, including the designation of other entities which may  perform
 such functions under contract with the organization;
   [(iv)] (D) describe the quality assurance, utilization review and case
 management mechanisms to be implemented;
   [(v)]  (E) demonstrate the applicant's ability to meet the data analy-
 sis and reporting requirements of the program;
   [(vi)] (F) demonstrate financial feasibility of the program; and
   [(vii)] (G) include such other  information  as  the  commissioner  of
 health may deem appropriate.
   (II) IN ADDITION TO THE CRITERIA DESCRIBED IN SUBPARAGRAPH (I) OF THIS
 PARAGRAPH, THE COMMISSIONER OF HEALTH SHALL ALSO CONSIDER:
   (A)  ACCESSIBILITY  AND  GEOGRAPHIC DISTRIBUTION OF NETWORK PROVIDERS,
 TAKING INTO ACCOUNT THE NEEDS  OF  PERSONS  WITH  DISABILITIES  AND  THE
 DIFFERENCES BETWEEN RURAL, SUBURBAN, AND URBAN SETTINGS;
   (B)  THE  EXTENT  TO  WHICH MAJOR PUBLIC HOSPITALS ARE INCLUDED IN THE
 SUBMITTED PROVIDER NETWORK;
   (C) DEMONSTRATED CULTURAL AND LANGUAGE COMPETENCIES  SPECIFIC  TO  THE
 POPULATION OF PARTICIPANTS;
   (D)  THE CORPORATE ORGANIZATION AND STATUS OF THE BIDDER AS A CHARITA-
 BLE CORPORATION UNDER THE NOT-FOR-PROFIT CORPORATION LAW;
   (E) THE ABILITY OF A BIDDER TO OFFER PLANS IN MULTIPLE REGIONS;
   (F) THE TYPE AND NUMBER OF PRODUCTS THE BIDDER  PROPOSES  TO  OPERATE,
 INCLUDING PRODUCTS BID FOR IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI-
 SION  SIX  OF  SECTION  FOUR THOUSAND FOUR HUNDRED THREE-F OF THE PUBLIC
 HEALTH LAW, AND OTHER PRODUCTS DETERMINED BY THE COMMISSIONER OF HEALTH,
 INCLUDING BUT NOT NECESSARILY LIMITED  TO  THOSE  OPERATED  UNDER  TITLE
 ONE-A  OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW AND SECTION THREE
 HUNDRED SIXTY-NINE-GG OF THIS ARTICLE;
   (G) WHETHER THE BIDDER PARTICIPATES IN PRODUCTS  FOR  INTEGRATED  CARE
 FOR PARTICIPANTS WHO ARE DUALLY ELIGIBLE FOR MEDICAID AND MEDICARE;
 S. 8007--A                         78                         A. 9007--A
 
   (H)  WHETHER  THE  BIDDER PARTICIPATES IN VALUE BASED PAYMENT ARRANGE-
 MENTS AS DEFINED BY THE DEPARTMENT, INCLUDING THE DELEGATION OF  SIGNIF-
 ICANT FINANCIAL RISK TO CLINICALLY INTEGRATED PROVIDER NETWORKS;
   (I)  THE  BIDDER'S  COMMITMENT TO PARTICIPATION IN MANAGED CARE IN THE
 STATE;
   (J) THE BIDDER'S COMMITMENT TO QUALITY IMPROVEMENT;
   (K) THE BIDDER'S COMMITMENT TO  COMMUNITY  REINVESTMENT  SPENDING,  AS
 SHALL BE DEFINED IN THE PROCUREMENT;
   (L)  FOR CURRENT OR PREVIOUSLY AUTHORIZED MANAGED CARE PROVIDERS, PAST
 PERFORMANCE IN  MEETING  MANAGED  CARE  CONTRACT  OR  FEDERAL  OR  STATE
 REQUIREMENTS, AND IF THE COMMISSIONER ISSUED ANY STATEMENTS OF FINDINGS,
 STATEMENTS  OF DEFICIENCY, INTERMEDIATE SANCTIONS OR ENFORCEMENT ACTIONS
 TO A BIDDER FOR  NON-COMPLIANCE  WITH  SUCH  REQUIREMENTS,  WHETHER  THE
 BIDDER ADDRESSED SUCH ISSUES IN A TIMELY MANNER;
   (M)  SUCH  CRITERIA  AS THE COMMISSIONER OF HEALTH SHALL DEVELOP, WITH
 THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH, THE OFFICE FOR  PEOPLE
 WITH  DEVELOPMENTAL  DISABILITIES,  THE OFFICE OF ADDICTION SERVICES AND
 SUPPORTS, AND THE OFFICE OF CHILDREN AND FAMILY SERVICES, AS APPLICABLE;
 AND
   (N) ANY OTHER CRITERIA  DEEMED  APPROPRIATE  BY  THE  COMMISSIONER  OF
 HEALTH.
   (III) SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH DESCRIBING PROPOSAL
 CONTENT  AND  SELECTION  CRITERIA REQUIREMENTS SHALL NOT BE CONSTRUED AS
 LIMITING OR REQUIRING  THE  COMMISSIONER  OF  HEALTH  TO  EVALUATE  SUCH
 CONTENT  OR  CRITERIA  ON  A  PASS-FAIL,  SCALE, OR OTHER METHODOLOGICAL
 BASIS; PROVIDED HOWEVER, THAT THE COMMISSIONER SHALL CONSIDER  ALL  SUCH
 CONTENT  AND  CRITERIA  USING  METHODS DETERMINED BY THE COMMISSIONER OF
 HEALTH IN THEIR DISCRETION AND, AS APPLICABLE, IN CONSULTATION WITH  THE
 COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH, THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL   DISABILITIES,  THE  OFFICE  OF  ADDICTION  SERVICES  AND
 SUPPORTS, AND THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   (IV) THE DEPARTMENT OF HEALTH SHALL POST ON ITS WEBSITE:
   (A) THE REQUEST FOR  PROPOSALS  AND  A  DESCRIPTION  OF  THE  PROPOSED
 SERVICES  TO  BE  PROVIDED PURSUANT TO CONTRACTS IN ACCORDANCE WITH THIS
 SUBDIVISION;
   (B) THE CRITERIA ON WHICH THE  DEPARTMENT  SHALL  DETERMINE  QUALIFIED
 BIDDERS  AND EVALUATE THEIR PROPOSALS, INCLUDING ALL CRITERIA IDENTIFIED
 IN THIS SUBDIVISION;
   (C) THE MANNER BY WHICH A PROPOSAL MAY BE SUBMITTED, WHICH MAY INCLUDE
 SUBMISSION BY ELECTRONIC MEANS;
   (D) THE MANNER BY WHICH  A  MANAGED  CARE  PROVIDER  MAY  CONTINUE  TO
 PARTICIPATE  IN  THE  MANAGED CARE PROGRAM PENDING AWARD OF MANAGED CARE
 PROVIDERS THROUGH A COMPETITIVE BID PROCESS PURSUANT  TO  THIS  SUBDIVI-
 SION; AND
   (E)  UPON  AWARD,  THE  MANAGED  CARE  PROVIDERS THAT THE COMMISSIONER
 INTENDS TO CONTRACT WITH PURSUANT TO THIS SUBDIVISION, PROVIDED THAT THE
 COMMISSIONER SHALL UPDATE SUCH LIST  TO  INDICATE  THE  FINAL  SLATE  OF
 CONTRACTED MANAGED CARE PROVIDERS.
   (V)(A)  ALL RESPONSIVE SUBMISSIONS THAT ARE RECEIVED FROM BIDDERS IN A
 TIMELY FASHION SHALL BE  REVIEWED  BY  THE  COMMISSIONER  OF  HEALTH  IN
 CONSULTATION  WITH THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH, THE
 OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES,  THE  OFFICE  OF
 ADDICTION  SERVICES  AND SUPPORTS, AND THE OFFICE OF CHILDREN AND FAMILY
 SERVICES,  AS  APPLICABLE.  THE  COMMISSIONER  SHALL  CONSIDER  COMMENTS
 RESULTING  FROM  THE REVIEW OF PROPOSALS AND MAKE AWARDS IN CONSULTATION
 WITH SUCH AGENCIES.
 S. 8007--A                         79                         A. 9007--A
 
   (B) THE COMMISSIONER OF HEALTH SHALL MAKE AWARDS UNDER  THIS  SUBDIVI-
 SION  FOR  EACH PRODUCT, FOR WHICH PROPOSALS WERE REQUESTED, TO AT LEAST
 TWO MANAGED CARE PROVIDERS IN EACH  GEOGRAPHIC  REGION  DEFINED  BY  THE
 COMMISSIONER IN THE REQUEST FOR PROPOSALS FOR WHICH AT LEAST TWO MANAGED
 CARE  PROVIDERS  HAVE SUBMITTED A PROPOSAL, AND SHALL HAVE DISCRETION TO
 OFFER MORE CONTRACTS BASED ON NEED FOR ACCESS; PROVIDED,  HOWEVER,  THAT
 THE  COMMISSIONER  OF  HEALTH  SHALL  NOT  OFFER  ANY MORE THAN FIVE (5)
 CONTRACTS IN ANY ONE REGION.
   (C) MANAGED CARE PROVIDERS AWARDED UNDER  THIS  SUBDIVISION  SHALL  BE
 ENTITLED TO ENTER INTO A CONTRACT WITH THE DEPARTMENT FOR THE PURPOSE OF
 PARTICIPATING  IN THE MANAGED CARE PROGRAM. SUCH CONTRACTS SHALL RUN FOR
 A TERM TO BE DETERMINED BY THE COMMISSIONER, WHICH  MAY  BE  RENEWED  OR
 MODIFIED  FROM  TIME  TO  TIME  WITHOUT  A NEW REQUEST FOR PROPOSALS, TO
 ENSURE CONSISTENCY WITH CHANGES IN FEDERAL AND STATE  LAWS,  REGULATIONS
 OR  POLICIES, INCLUDING BUT NOT LIMITED TO THE EXPANSION OR REDUCTION OF
 MEDICAL ASSISTANCE SERVICES AVAILABLE TO PARTICIPANTS THROUGH A  MANAGED
 CARE PROVIDER.
   (D) NOTHING IN THIS PARAGRAPH OR OTHER PROVISION OF THIS SECTION SHALL
 BE CONSTRUED TO LIMIT IN ANY WAY THE ABILITY OF THE DEPARTMENT OF HEALTH
 TO TERMINATE AWARDED CONTRACTS FOR CAUSE, WHICH SHALL INCLUDE BUT NOT BE
 LIMITED TO ANY VIOLATION OF THE TERMS OF SUCH CONTRACTS OR VIOLATIONS OF
 STATE OR FEDERAL LAWS AND REGULATIONS AND ANY LOSS OF NECESSARY STATE OR
 FEDERAL FUNDING.
   (E)  NOTWITHSTANDING  SECTIONS  ONE  HUNDRED  TWELVE  AND  ONE HUNDRED
 SIXTY-THREE OF THE STATE FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND
 ONE HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, AND  ANY  OTHER
 INCONSISTENT  PROVISION OF LAW, THE DEPARTMENT OF HEALTH MAY, IN ACCORD-
 ANCE WITH THE PROVISIONS OF  THIS  PARAGRAPH,  ISSUE  NEW  REQUESTS  FOR
 PROPOSALS  AND  AWARD NEW CONTRACTS FOR TERMS FOLLOWING AN EXISTING TERM
 OF A CONTRACT ENTERED INTO UNDER THIS PARAGRAPH.
   (B)(I) WITHIN SIXTY DAYS OF  THE  DEPARTMENT  OF  HEALTH  ISSUING  THE
 REQUEST FOR PROPOSALS UNDER PARAGRAPH (A) OF THIS SUBDIVISION, A MANAGED
 CARE  PROVIDER  THAT  WAS  APPROVED  TO  PARTICIPATE IN THE MANAGED CARE
 PROGRAM PRIOR TO THE ISSUANCE OF THE REQUEST FOR PROPOSALS, SHALL SUBMIT
 ITS INTENTION TO COMPLETE SUCH PROPOSAL TO THE DEPARTMENT.
   (II) A MANAGED CARE PROVIDER THAT: (A)  FAILS  TO  SUBMIT  ITS  INTENT
 TIMELY,  (B)  INDICATES WITHIN THE SIXTY-DAYS ITS INTENT NOT TO COMPLETE
 SUCH A PROPOSAL, (C) FAILS TO SUBMIT A PROPOSAL WITHIN THE FURTHER TIME-
 FRAME SPECIFIED BY  THE  COMMISSIONER  OF  HEALTH  IN  THE  REQUEST  FOR
 PROPOSALS,  OR  (D)  IS  NOT  AWARDED  THE ABILITY TO PARTICIPATE IN THE
 MANAGED CARE PROGRAM UNDER PARAGRAPH (A)  OF  THIS  SUBDIVISION,  SHALL,
 UPON  DIRECTION  FROM THE COMMISSIONER OF HEALTH, TERMINATE ITS SERVICES
 AND OPERATIONS IN ACCORDANCE WITH THE CONTRACT BETWEEN THE MANAGED  CARE
 PROVIDER AND THE DEPARTMENT OF HEALTH AND SHALL BE ADDITIONALLY REQUIRED
 TO  MAINTAIN  COVERAGE OF PARTICIPANTS FOR SUCH PERIOD OF TIME AS DETER-
 MINED NECESSARY BY THE COMMISSIONER OF HEALTH TO ACHIEVE  THE  SAFE  AND
 ORDERLY TRANSFER OF PARTICIPANTS.
   (c)  [The commissioner of health shall make a determination whether to
 approve, disapprove or recommend modification of the proposal] IF NECES-
 SARY TO ENSURE ACCESS TO SUFFICIENT NUMBER OF MANAGED CARE PROVIDERS  ON
 A  GEOGRAPHIC OR OTHER BASIS, INCLUDING A LACK OF ADEQUATE AND APPROPRI-
 ATE CARE, LANGUAGE AND CULTURAL COMPETENCE, OR SPECIAL  NEEDS  SERVICES,
 THE  COMMISSIONER  OF  HEALTH  MAY  REISSUE  A  REQUEST FOR PROPOSALS AS
 PROVIDED FOR UNDER PARAGRAPH (A) OF THIS SUBDIVISION, PROVIDED  HOWEVER,
 THAT  SUCH  REQUEST  MAY  BE LIMITED TO THE GEOGRAPHIC OR OTHER BASIS OF
 NEED THAT THE REQUEST FOR PROPOSALS IS SEEKING TO  ADDRESS.  ANY  AWARDS
 S. 8007--A                         80                         A. 9007--A
 
 MADE SHALL BE SUBJECT TO THE REQUIREMENTS OF THIS SECTION, INCLUDING BUT
 NOT LIMITED TO THE MINIMUM AND MAXIMUM NUMBER OF AWARDS IN A REGION.
   (d)  [Notwithstanding  any  inconsistent  provision  of this title and
 section one hundred sixty-three of the state finance  law,  the  commis-
 sioner of health may contract with managed care providers approved under
 paragraph  (b) of this subdivision, without a competitive bid or request
 for proposal process, to provide coverage for participants  pursuant  to
 this title.
   (e)  Notwithstanding  any  inconsistent  provision  of  this title and
 section one hundred forty-three of  the  economic  development  law,  no
 notice in the procurement opportunities newsletter shall be required for
 contracts  awarded  by  the commissioner of health, to qualified managed
 care providers pursuant to this section.
   (f)] The care and services  described  in  subdivision  four  of  this
 section  will  be  furnished  by a managed care provider pursuant to the
 provisions of this section when such services are furnished  in  accord-
 ance  with an agreement with the department of health, and meet applica-
 ble federal law and regulations.
   [(g)] (E) The commissioner of health may delegate some or all  of  the
 tasks identified in this section to the local districts.
   [(h)]  (F)  Any  delegation  pursuant  to  paragraph [(g)] (E) of this
 subdivision shall be reflected in the contract between  a  managed  care
 provider and the commissioner of health.
   §  3.  Subdivision  4  of  section 365-m of the social services law is
 REPEALED and a new subdivision 4 is added to read as follows:
   4. THE COMMISSIONER OF HEALTH, JOINTLY WITH THE COMMISSIONERS  OF  THE
 OFFICE  OF  MENTAL  HEALTH  AND  THE  OFFICE  OF  ADDICTION SERVICES AND
 SUPPORTS, SHALL SELECT A LIMITED NUMBER OF SPECIAL  NEEDS  MANAGED  CARE
 PLANS UNDER SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS TITLE, IN ACCORD-
 ANCE  WITH  SUBDIVISION  FIVE  OF  SUCH SECTION, CAPABLE OF MANAGING THE
 BEHAVIORAL AND PHYSICAL HEALTH NEEDS  OF  MEDICAL  ASSISTANCE  ENROLLEES
 WITH SIGNIFICANT BEHAVIORAL HEALTH NEEDS.
   §  4.  The opening paragraph of subdivision 2 of section 4403-f of the
 public health law, as amended by section 8 of part C of  chapter  58  of
 the laws of 2007, is amended to read as follows:
   An eligible applicant shall submit an application for a certificate of
 authority to operate a managed long term care plan upon forms prescribed
 by  the  commissioner,  INCLUDING  ANY  SUCH  FORMS OR PROCESS AS MAY BE
 REQUIRED OR PRESCRIBED  BY  THE  COMMISSIONER  IN  ACCORDANCE  WITH  THE
 COMPETITIVE  BID  PROCESS  UNDER  SUBDIVISION  SIX OF THIS SECTION. Such
 eligible applicant shall submit information  and  documentation  to  the
 commissioner which shall include, but not be limited to:
   §  5.  Subdivision  3  of  section 4403-f of the public health law, as
 amended by section 41-a of part H of chapter 59 of the laws of 2011,  is
 amended to read as follows:
   3.  Certificate of authority; approval. (A) The commissioner shall not
 approve an application for a certificate of authority unless the  appli-
 cant demonstrates to the commissioner's satisfaction:
   [(a)]  (I)  that  it  will  have in place acceptable quality-assurance
 mechanisms, grievance procedures, mechanisms to protect  the  rights  of
 enrollees  and  case  management services to ensure continuity, quality,
 appropriateness and coordination of care;
   [(b)] (II) that it will include  an  enrollment  process  which  shall
 ensure  that  enrollment  in the plan is informed. The application shall
 describe the disenrollment process, which shall provide that  an  other-
 S. 8007--A                         81                         A. 9007--A

 wise  eligible  enrollee  shall  not be involuntarily disenrolled on the
 basis of health status;
   [(c)]  (III)  satisfactory evidence of the character and competence of
 the proposed operators and reasonable assurance that the applicant  will
 provide high quality services to an enrolled population;
   [(d)] (IV) sufficient management systems capacity to meet the require-
 ments of this section and the ability to efficiently process payment for
 covered services;
   [(e)]  (V)  readiness  and capability to maximize reimbursement of and
 coordinate services reimbursed pursuant to title XVIII  of  the  federal
 social security act and all other applicable benefits, with such benefit
 coordination  including,  but  not limited to, measures to support sound
 clinical decisions, reduce administrative complexity, coordinate  access
 to  services,  maximize  benefits  available  pursuant to such title and
 ensure that necessary care is provided;
   [(f)] (VI) readiness and capability  to  arrange  and  manage  covered
 services  and coordinate non-covered services which could include prima-
 ry, specialty, and acute care services reimbursed pursuant to title  XIX
 of the federal social security act;
   [(g)]  (VII)  willingness and capability of taking, or cooperating in,
 all steps necessary to secure and integrate  any  potential  sources  of
 funding  for  services  provided  by  the  managed  long term care plan,
 including, but not limited  to,  funding  available  under  titles  XVI,
 XVIII,  XIX and XX of the federal social security act, the federal older
 Americans act of nineteen hundred sixty-five, as amended, or any succes-
 sor provisions subject to approval of the director of the  state  office
 for aging, and through financing options such as those authorized pursu-
 ant to section three hundred sixty-seven-f of the social services law;
   [(h)] (VIII) that the contractual arrangements for providers of health
 and  long  term  care  services in the benefit package are sufficient to
 ensure the availability  and  accessibility  of  such  services  to  the
 proposed  enrolled  population consistent with guidelines established by
 the commissioner;  with  respect  to  individuals  in  receipt  of  such
 services  prior to enrollment, such guidelines shall require the managed
 long term care plan to contract with agencies currently  providing  such
 services,  in  order  to  promote  continuity of care. In addition, such
 guidelines shall require managed long term care plans to offer and cover
 consumer directed personal assistance services for eligible  individuals
 who  elect  such services pursuant to section three hundred sixty-five-f
 of the social services law; and
   [(i)] (IX) that the applicant is financially responsible  and  may  be
 expected to meet its obligations to its enrolled members.
   (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, THE APPROVAL OF ANY APPLICATION FOR  CERTIFICATION  AS  A  MANAGED
 LONG  TERM CARE PLAN UNDER THIS SECTION FOR A PLAN THAT SEEKS TO COVER A
 POPULATION OF ENROLLEES ELIGIBLE FOR SERVICES UNDER  TITLE  XIX  OF  THE
 FEDERAL  SOCIAL  SECURITY  ACT,  SHALL  BE SUBJECT TO AND CONDITIONED ON
 SELECTION THROUGH THE COMPETITIVE BID PROCESS PROVIDED UNDER SUBDIVISION
 SIX OF THIS SECTION.
   § 6. Subdivision 6 of section 4403-f of  the  public  health  law,  as
 amended  by  section  41-b  of part H of chapter 59 of the laws of 2011,
 paragraph (a) as amended by section 4 and paragraphs (d), (e) and (f) as
 added by section 5 of part MM of chapter 56 of  the  laws  of  2020,  is
 amended to read as follows:
   6.  Approval  authority.  [(a)] An applicant shall be issued a certif-
 icate of authority as a managed long term care plan upon a determination
 S. 8007--A                         82                         A. 9007--A
 
 by the commissioner that  the  applicant  complies  with  the  operating
 requirements  for  a  managed  long  term  care plan under this section;
 PROVIDED, HOWEVER, THAT ANY MANAGED  LONG  TERM  CARE  PLAN  SEEKING  TO
 PROVIDE  HEALTH AND LONG TERM CARE SERVICES TO A POPULATION OF ENROLLEES
 THAT ARE ELIGIBLE UNDER TITLE XIX OF THE  FEDERAL  SOCIAL  SECURITY  ACT
 SHALL  NOT  RECEIVE  A  CERTIFICATE  OF AUTHORITY, NOR BE ELIGIBLE FOR A
 CONTRACT TO PROVIDE SUCH SERVICES WITH THE DEPARTMENT,  UNLESS  SELECTED
 THROUGH  THE COMPETITIVE BID PROCESS DESCRIBED IN THIS SUBDIVISION. [The
 commissioner shall issue  no  more  than  seventy-five  certificates  of
 authority  to  managed  long  term  care plans pursuant to this section.
 Nothing in this section shall be construed as requiring  the  department
 to  contract  with or to contract for a particular line of business with
 an entity certified under this section for  the  provision  of  services
 available under title eleven of article five of the social services law.
   (b)  An  operating  demonstration  shall  be  issued  a certificate of
 authority as a managed long term care plan upon a determination  by  the
 commissioner   that  such  demonstration  complies  with  the  operating
 requirements for a managed long  term  care  plan  under  this  section.
 Nothing in this section shall be construed to affect the continued legal
 authority  of  an  operating  demonstration  to  operate  its previously
 approved program.
   (c) For the period beginning April  first,  two  thousand  twelve  and
 ending  March thirty-first, two thousand fifteen, the majority leader of
 the senate and the speaker of the assembly may  each  recommend  to  the
 commissioner,  in  writing, up to four eligible applicants to convert to
 be approved managed long term care plans. An  applicant  shall  only  be
 approved  and  issued  a  certificate  of  authority if the commissioner
 determines that the applicant  meets  the  requirements  of  subdivision
 three  of this section. The majority leader of the senate or the speaker
 of the assembly may assign their authority  to  recommend  one  or  more
 applicants under this section to the commissioner.]
   (A)  NOTWITHSTANDING  SECTIONS  ONE  HUNDRED  TWELVE  AND  ONE HUNDRED
 SIXTY-THREE OF THE STATE FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND
 ONE HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, AND  ANY  OTHER
 INCONSISTENT PROVISION OF LAW, THE COMMISSIONER OF HEALTH SHALL, THROUGH
 A  COMPETITIVE  BID  PROCESS BASED ON PROPOSALS SUBMITTED TO THE DEPART-
 MENT, PROVIDE FOR THE SELECTION OF  QUALIFIED  MANAGED  LONG  TERM  CARE
 PLANS TO PROVIDE HEALTH AND LONG TERM CARE SERVICES TO ENROLLEES WHO ARE
 ELIGIBLE  UNDER TITLE XIX OF THE FEDERAL SOCIAL SECURITY ACT PURSUANT TO
 A CONTRACT WITH THE DEPARTMENT; PROVIDED, HOWEVER, THAT:
   (I) A PROPOSAL SUBMITTED BY  A  MANAGED  LONG  TERM  CARE  PLAN  SHALL
 INCLUDE INFORMATION SUFFICIENT TO ALLOW THE COMMISSIONER TO EVALUATE THE
 BIDDER  IN  ACCORDANCE  WITH THE REQUIREMENTS IDENTIFIED IN SUBDIVISIONS
 TWO THROUGH FOUR OF THIS SECTION.
   (II) IN ADDITION TO THE CRITERIA DESCRIBED IN SUBPARAGRAPH (I) OF THIS
 PARAGRAPH, THE COMMISSIONER SHALL ALSO CONSIDER:
   (A) ACCESSIBILITY AND GEOGRAPHIC DISTRIBUTION  OF  NETWORK  PROVIDERS,
 TAKING  INTO  ACCOUNT  THE  NEEDS  OF  PERSONS WITH DISABILITIES AND THE
 DIFFERENCES BETWEEN RURAL, SUBURBAN, AND URBAN SETTINGS;
   (B) THE EXTENT TO WHICH MAJOR PUBLIC HOSPITALS  ARE  INCLUDED  IN  THE
 SUBMITTED PROVIDER NETWORK, IF APPLICABLE;
   (C)  DEMONSTRATED  CULTURAL  AND LANGUAGE COMPETENCIES SPECIFIC TO THE
 POPULATION OF PARTICIPANTS;
   (D) THE CORPORATE ORGANIZATION AND STATUS OF THE BIDDER AS A  CHARITA-
 BLE CORPORATION UNDER THE NOT-FOR-PROFIT CORPORATION LAW;
   (E) THE ABILITY OF A BIDDER TO OFFER PLANS IN MULTIPLE REGIONS;
 S. 8007--A                         83                         A. 9007--A
 
   (F)  THE  TYPE  AND NUMBER OF PRODUCTS THE BIDDER PROPOSES TO OPERATE,
 INCLUDING PRODUCTS APPLIED FOR IN  ACCORDANCE  WITH  THE  PROVISIONS  OF
 SUBDIVISION  FIVE  OF  SECTION  THREE HUNDRED SIXTY-FOUR-J OF THE SOCIAL
 SERVICES LAW, AND OTHER PRODUCTS DETERMINED BY THE COMMISSIONER, INCLUD-
 ING  BUT  NOT NECESSARILY LIMITED TO THOSE OPERATED UNDER TITLE ONE-A OF
 ARTICLE TWENTY-FIVE OF THIS CHAPTER AND  SECTION  THREE  HUNDRED  SIXTY-
 NINE-GG OF THE SOCIAL SERVICES LAW;
   (G)  WHETHER  THE  BIDDER PARTICIPATES IN PRODUCTS FOR INTEGRATED CARE
 FOR PARTICIPANTS WHO ARE DUALLY ELIGIBLE FOR MEDICAID AND MEDICARE;
   (H) WHETHER THE BIDDER PARTICIPATES IN VALUE  BASED  PAYMENT  ARRANGE-
 MENTS  AS DEFINED BY THE DEPARTMENT, INCLUDING THE DELEGATION OF SIGNIF-
 ICANT FINANCIAL RISK TO CLINICALLY INTEGRATED PROVIDER NETWORKS;
   (I) THE BIDDER'S COMMITMENT TO PARTICIPATION IN MANAGED  CARE  IN  THE
 STATE;
   (J) THE BIDDER'S COMMITMENT TO QUALITY IMPROVEMENT;
   (K)  THE  BIDDER'S  COMMITMENT  TO COMMUNITY REINVESTMENT SPENDING, AS
 SHALL BE DEFINED IN THE PROCUREMENT;
   (L) FOR CURRENT OR PREVIOUSLY AUTHORIZED MANAGED CARE PROVIDERS,  PAST
 PERFORMANCE  IN  MEETING  MANAGED  CARE  CONTRACT  OR  FEDERAL  OR STATE
 REQUIREMENTS, AND IF THE COMMISSIONER ISSUED ANY STATEMENTS OF FINDINGS,
 STATEMENTS OF DEFICIENCY, INTERMEDIATE SANCTIONS OR ENFORCEMENT  ACTIONS
 TO  A  BIDDER  FOR  NON-COMPLIANCE  WITH  SUCH REQUIREMENTS, WHETHER THE
 BIDDER ADDRESSED SUCH ISSUES IN A TIMELY MANNER;
   (M) SUCH CRITERIA AS THE COMMISSIONER SHALL DEVELOP, WITH THE  COMMIS-
 SIONERS  OF  THE  OFFICE  OF  MENTAL  HEALTH, THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL  DISABILITIES,  THE  OFFICE  OF  ADDICTION  SERVICES   AND
 SUPPORTS, AND THE OFFICE OF CHILDREN AND FAMILY SERVICES; AND
   (N) ANY OTHER CRITERIA DEEMED APPROPRIATE BY THE COMMISSIONER.
   (III) SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH DESCRIBING PROPOSAL
 CONTENT  AND  SELECTION  CRITERIA REQUIREMENTS SHALL NOT BE CONSTRUED AS
 LIMITING OR REQUIRING THE  COMMISSIONER  TO  EVALUATE  SUCH  CONTENT  OR
 CRITERIA  ON  A  PASS-FAIL,  SCALE,  OR  OTHER PARTICULAR METHODOLOGICAL
 BASIS; PROVIDED HOWEVER, THAT THE COMMISSIONER MUST  CONSIDER  ALL  SUCH
 CONTENT  AND  CRITERIA  USING  METHODS DETERMINED BY THE COMMISSIONER IN
 THEIR DISCRETION AND, AS APPLICABLE, IN CONSULTATION  WITH  THE  COMMIS-
 SIONERS  OF  THE  OFFICE  OF  MENTAL  HEALTH, THE OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL  DISABILITIES,  THE  OFFICE  OF  ADDICTION  SERVICES   AND
 SUPPORTS, AND THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   (IV) THE DEPARTMENT SHALL POST ON ITS WEBSITE:
   (A)  THE  REQUEST  FOR  PROPOSALS  AND  A  DESCRIPTION OF THE PROPOSED
 SERVICES TO BE PROVIDED PURSUANT TO CONTRACTS IN  ACCORDANCE  WITH  THIS
 SUBDIVISION;
   (B)  THE  CRITERIA  ON  WHICH THE DEPARTMENT SHALL DETERMINE QUALIFIED
 BIDDERS AND EVALUATE THEIR APPLICATIONS, INCLUDING ALL CRITERIA  IDENTI-
 FIED IN THIS SUBDIVISION;
   (C) THE MANNER BY WHICH A PROPOSAL MAY BE SUBMITTED, WHICH MAY INCLUDE
 SUBMISSION BY ELECTRONIC MEANS;
   (D)  THE MANNER BY WHICH A MANAGED LONG TERM CARE PLAN MAY CONTINUE TO
 PROVIDE HEALTH AND LONG TERM CARE SERVICES TO ENROLLEES WHO ARE ELIGIBLE
 UNDER TITLE XIX OF THE FEDERAL SOCIAL SECURITY  ACT  PENDING  AWARDS  TO
 MANAGED  LONG TERM CARE PLANS THROUGH A COMPETITIVE BID PROCESS PURSUANT
 TO THIS SUBDIVISION; AND
   (E) UPON AWARD, THE MANAGED LONG TERM CARE PLANS THAT THE COMMISSIONER
 INTENDS TO CONTRACT WITH PURSUANT TO THIS SUBDIVISION, PROVIDED THAT THE
 COMMISSIONER SHALL UPDATE SUCH LIST  TO  INDICATE  THE  FINAL  SLATE  OF
 CONTRACTED MANAGED LONG TERM CARE PLANS.
 S. 8007--A                         84                         A. 9007--A
 
   (V) (A) ALL RESPONSIVE SUBMISSIONS THAT ARE RECEIVED FROM BIDDERS IN A
 TIMELY  FASHION  SHALL  BE  REVIEWED  BY  THE  COMMISSIONER OF HEALTH IN
 CONSULTATION WITH THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH,  THE
 OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES,  THE  OFFICE  OF
 ADDICTION  SERVICES  AND SUPPORTS, AND THE OFFICE OF CHILDREN AND FAMILY
 SERVICES,  AS  APPLICABLE.  THE  COMMISSIONER  SHALL  CONSIDER  COMMENTS
 RESULTING  FROM  THE REVIEW OF PROPOSALS AND MAKE AWARDS IN CONSULTATION
 WITH SUCH AGENCIES.
   (B) THE COMMISSIONER SHALL MAKE AWARDS  UNDER  THIS  SUBDIVISION,  FOR
 EACH PRODUCT FOR WHICH PROPOSALS WERE REQUESTED, TO AT LEAST TWO MANAGED
 LONG  TERM  CARE  PLANS IN EACH GEOGRAPHIC REGION DEFINED BY THE COMMIS-
 SIONER IN THE REQUEST FOR PROPOSALS FOR WHICH AT LEAST TWO MANAGED  LONG
 TERM  CARE PLANS HAVE SUBMITTED A PROPOSAL, AND SHALL HAVE DISCRETION TO
 OFFER MORE CONTRACTS BASED ON NEED FOR ACCESS; PROVIDED,  HOWEVER,  THAT
 THE COMMISSIONER SHALL NOT OFFER ANY MORE THAN FIVE (5) CONTRACTS IN ANY
 ONE REGION.
   (C)  MANAGED LONG TERM CARE PLANS AWARDED UNDER THIS SUBDIVISION SHALL
 BE ENTITLED TO ENTER INTO A CONTRACT WITH THE DEPARTMENT FOR THE PURPOSE
 OF PROVIDING HEALTH AND LONG TERM CARE SERVICES  TO  ENROLLEES  WHO  ARE
 ELIGIBLE  UNDER  TITLE  XIX  OF  THE  FEDERAL  SOCIAL SECURITY ACT. SUCH
 CONTRACTS SHALL RUN FOR A TERM TO BE  DETERMINED  BY  THE  COMMISSIONER,
 WHICH MAY BE RENEWED OR MODIFIED FROM TIME TO TIME WITHOUT A NEW REQUEST
 FOR  PROPOSALS,  TO ENSURE CONSISTENCY WITH CHANGES IN FEDERAL AND STATE
 LAWS, REGULATIONS OR POLICIES, INCLUDING BUT NOT LIMITED TO  THE  EXPAN-
 SION  OR  REDUCTION  OF MEDICAL ASSISTANCE SERVICES AVAILABLE TO PARTIC-
 IPANTS THROUGH A MANAGED LONG TERM CARE PLAN.
   (D) NOTHING IN THIS PARAGRAPH OR OTHER PROVISION OF THIS SECTION SHALL
 BE CONSTRUED TO LIMIT IN ANY WAY THE ABILITY OF THE DEPARTMENT TO TERMI-
 NATE AWARDED CONTRACTS FOR CAUSE, WHICH SHALL INCLUDE BUT NOT BE LIMITED
 TO ANY VIOLATION OF THE TERMS OF SUCH CONTRACTS OR VIOLATIONS  OF  STATE
 OR  FEDERAL  LAWS  AND  REGULATIONS  AND  ANY LOSS OF NECESSARY STATE OR
 FEDERAL FUNDING.
   (E) NOTWITHSTANDING  SECTIONS  ONE  HUNDRED  TWELVE  AND  ONE  HUNDRED
 SIXTY-THREE OF THE STATE FINANCE LAW, SECTIONS ONE HUNDRED FORTY-TWO AND
 ONE  HUNDRED  FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, AND ANY OTHER
 INCONSISTENT PROVISION OF LAW, THE DEPARTMENT MAY,  IN  ACCORDANCE  WITH
 THE  PROVISIONS  OF THIS PARAGRAPH, ISSUE NEW REQUESTS FOR PROPOSALS AND
 AWARD NEW CONTRACTS FOR TERMS FOLLOWING AN EXISTING TERM OF  A  CONTRACT
 ENTERED INTO UNDER THIS PARAGRAPH.
   (B)  (I)  WITHIN  SIXTY DAYS OF THE DEPARTMENT ISSUING THE REQUEST FOR
 PROPOSALS UNDER PARAGRAPH (A) OF THIS SUBDIVISION, A MANAGED  LONG  TERM
 CARE  PLAN  THAT  WAS  APPROVED  TO  PROVIDE  HEALTH  AND LONG TERM CARE
 SERVICES TO ENROLLEES WHO ARE ELIGIBLE UNDER TITLE XIX  OF  THE  FEDERAL
 SOCIAL  SECURITY ACT PRIOR TO THE ISSUANCE OF THE REQUEST FOR PROPOSALS,
 SHALL SUBMIT ITS INTENTION TO COMPLETE SUCH PROPOSAL TO THE DEPARTMENT.
   (II) A MANAGED LONG TERM CARE PLAN  THAT:  (A)  FAILS  TO  SUBMIT  ITS
 INTENT  TIMELY,  (B)  INDICATES  WITHIN THE SIXTY DAYS ITS INTENT NOT TO
 COMPLETE SUCH A PROPOSAL, (C) FAILS TO  SUBMIT  A  PROPOSAL  WITHIN  THE
 FURTHER  TIMEFRAME  SPECIFIED  BY  THE  COMMISSIONER  IN THE REQUEST FOR
 PROPOSALS, OR (D) IS NOT AWARDED THE ABILITY TO PROVIDE HEALTH AND  LONG
 TERM  CARE SERVICES TO ENROLLEES WHO ARE ELIGIBLE UNDER TITLE XIX OF THE
 FEDERAL SOCIAL SECURITY ACT UNDER PARAGRAPH  (A)  OF  THIS  SUBDIVISION,
 SHALL,  UPON DIRECTION FROM THE COMMISSIONER, TERMINATE ITS SERVICES AND
 OPERATIONS IN ACCORDANCE WITH THE CONTRACT BETWEEN THE MANAGED LONG TERM
 CARE PLAN AND THE DEPARTMENT AND SHALL BE ADDITIONALLY REQUIRED TO MAIN-
 TAIN COVERAGE OF ENROLLEES FOR SUCH PERIOD OF TIME AS DETERMINED  NECES-
 S. 8007--A                         85                         A. 9007--A

 SARY  BY  THE  COMMISSIONER  TO ACHIEVE THE SAFE AND ORDERLY TRANSFER OF
 ENROLLEES.
   (C)  ADDRESSING  NEEDS  FOR ADDITIONAL MANAGED LONG TERM CARE PLANS TO
 ENSURE ACCESS AND CHOICE FOR ENROLLEES ELIGIBLE UNDER TITLE XIX  OF  THE
 FEDERAL SOCIAL SECURITY ACT. IF NECESSARY TO ENSURE ACCESS TO SUFFICIENT
 NUMBER  OF  MANAGED LONG TERM CARE PLANS ON A GEOGRAPHIC OR OTHER BASIS,
 INCLUDING A LACK OF ADEQUATE AND APPROPRIATE CARE, LANGUAGE AND CULTURAL
 COMPETENCE, OR SPECIAL NEEDS SERVICES, THE COMMISSIONER  MAY  REISSUE  A
 REQUEST FOR PROPOSALS AS PROVIDED FOR UNDER PARAGRAPH (A) OF THIS SUBDI-
 VISION,  PROVIDED  HOWEVER  THAT  SUCH  REQUEST  MAY  BE  LIMITED TO THE
 GEOGRAPHIC OR OTHER BASIS OF NEED THAT THE REQUEST FOR  PROPOSALS  SEEKS
 TO ADDRESS. ANY AWARDS MADE SHALL BE SUBJECT TO THE REQUIREMENTS OF THIS
 SECTION,  INCLUDING BUT NOT LIMITED TO THE MINIMUM AND MAXIMUM NUMBER OF
 AWARDS IN A REGION.
   (d) (i) Effective April  first,  two  thousand  twenty,  and  expiring
 [March  thirty-first,  two thousand twenty-two]  ON THE DATE THE COMMIS-
 SIONER PUBLISHES ON ITS WEBSITE A REQUEST FOR  PROPOSALS  IN  ACCORDANCE
 WITH  SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF THE SUBDIVISION, the commis-
 sioner shall place a moratorium on the processing and approval of appli-
 cations seeking a certificate of authority as a managed long  term  care
 plan  pursuant  to this section, including applications seeking authori-
 zation to expand an existing managed  long  term  care  plan's  approved
 service  area or scope of eligible enrollee populations. Such moratorium
 shall not apply to:
   (A) applications submitted to the department prior to  January  first,
 two thousand twenty;
   (B)  applications seeking approval to transfer ownership or control of
 an existing managed long term care plan;
   (C) applications demonstrating to the commissioner's satisfaction that
 submission of the application for consideration would be appropriate  to
 address a serious concern with care delivery, such as a lack of adequate
 access to managed long term care plans in a geographic area or a lack of
 adequate  and  appropriate  care,  language  and cultural competence, or
 special needs services; and
   (D) applications seeking to operate under the PACE (Program of All-In-
 clusive Care for the Elderly) model as authorized by federal public  law
 105-33, subtitle I of title IV of the Balanced Budget Act of 1997, or to
 serve individuals dually eligible for services and benefits under titles
 XVIII  and XIX of the federal social security act in conjunction with an
 affiliated Medicare Dual Eligible Special Needs Plan, based on the  need
 for such plans and the experience of applicants in serving dually eligi-
 ble individuals as determined by the commissioner in their discretion.
   (ii) For the duration of the moratorium, the commissioner shall assess
 the public need for managed long term care plans that are not integrated
 with  an  affiliated Medicare plan, the ability of such plans to provide
 high quality and cost effective care for their membership, and based  on
 such  assessment  develop a process and conduct an orderly wind-down and
 elimination of such plans, which shall coincide with the  expiration  of
 the  moratorium  unless  the commissioner determines that a longer wind-
 down period is needed.
   (e) [For the duration of the moratorium under paragraph  (d)  of  this
 subdivision]  FROM APRIL FIRST, TWO THOUSAND TWENTY, UNTIL MARCH THIRTY-
 FIRST, TWO THOUSAND TWENTY-TWO, the commissioner  shall  establish,  and
 enforce  by means of a premium withholding equal to three percent of the
 base rate, an annual cap on total enrollment (enrollment cap)  for  each
 managed  long term care plan, subject to subparagraphs (ii) and (iii) of
 S. 8007--A                         86                         A. 9007--A
 
 this paragraph, based on a percentage of each plan's reported enrollment
 as of October first, two thousand twenty.
   (i)  The  specific  percentage  of each plan's enrollment cap shall be
 established by the commissioner based on: (A) the ability of individuals
 eligible for such plans to access health and long  term  care  services,
 (B)  plan quality of care scores, (C) historical plan disenrollment, (D)
 the projected growth of individuals eligible for such plans in different
 regions of the state, (E) historical plan enrollment  of  patients  with
 varying  levels of need and acuity, and (F) other factors in the commis-
 sioner's discretion to  ensure  compliance  with  federal  requirements,
 appropriate access to plan services, and choice by eligible individuals.
   (ii)  In  the event that a plan exceeds its annual enrollment cap, the
 commissioner is authorized under this  paragraph  to  retain  all  or  a
 portion  of  the  premium withheld based on the amount over which a plan
 exceeds its enrollment cap. Penalties assessed pursuant to this subdivi-
 sion shall be determined by regulation.
   (iii) The commissioner may  not  establish  an  annual  cap  on  total
 enrollment  under  this paragraph for plans' lines of business operating
 under the PACE (Program of All-Inclusive Care for the Elderly) model  as
 authorized  by  federal public law 105-33, subtitle I of title IV of the
 Balanced Budget Act of 1997, or that serve individuals  dually  eligible
 for  services  and  benefits  under  titles XVIII and XIX of the federal
 social security act in conjunction  with  an  affiliated  Medicare  Dual
 Eligible Special Needs Plan.
   [(f)  In implementing the provisions of paragraphs (d) and (e) of this
 subdivision, the commissioner shall, to the extent practicable, consider
 and select methodologies that seek to maximize continuity  of  care  and
 minimize  disruption  to the provider labor workforce, and shall, to the
 extent practicable and consistent with  the  ratios  set  forth  herein,
 continue  to  support contracts between managed long term care plans and
 licensed home care services agencies that are based on a  commitment  to
 quality and value.]
   §  7.  Subparagraphs (v) and (vi) of paragraph (b) of subdivision 1 of
 section 268-d of the public health law, as added by section 2 of part  T
 of chapter 57 of the laws of 2019, are amended to read as follows:
   (v)  meets  standards  specified  and  determined  by the Marketplace,
 provided that the standards do not conflict with or prevent the applica-
 tion of federal requirements; [and]
   (vi) CONTRACTS WITH ANY NATIONAL  CANCER  INSTITUTE-DESIGNATED  CANCER
 CENTER  LICENSED BY THE DEPARTMENT WITHIN THE HEALTH PLAN'S SERVICE AREA
 THAT IS WILLING TO AGREE TO PROVIDE CANCER-RELATED INPATIENT, OUTPATIENT
 AND MEDICAL SERVICES TO ENROLLEES IN ALL HEALTH PLANS OFFERING  COVERAGE
 THROUGH  THE  MARKETPLACE IN SUCH CANCER CENTER'S SERVICE AREA UNDER THE
 PREVAILING TERMS AND CONDITIONS THAT THE PLAN REQUIRES OF OTHER  SIMILAR
 PROVIDERS  TO  BE INCLUDED IN THE PLAN'S PROVIDER NETWORK, PROVIDED THAT
 SUCH TERMS SHALL INCLUDE REIMBURSEMENT OF SUCH CENTER AT  NO  LESS  THAN
 THE  FEE-FOR-SERVICE MEDICAID PAYMENT RATE AND METHODOLOGY APPLICABLE TO
 THE CENTER'S INPATIENT AND OUTPATIENT SERVICES; AND
   (VII) complies with the insurance law and  this  chapter  requirements
 applicable  to health insurance issued in this state and any regulations
 promulgated pursuant thereto that do not conflict with  or  prevent  the
 application of federal requirements; and
   §  8.  Subdivision  4  of  section 364-j of the social services law is
 amended by adding a new paragraph (w) to read as follows:
   (W) A MANAGED CARE PROVIDER SHALL  PROVIDE  OR  ARRANGE,  DIRECTLY  OR
 INDIRECTLY,  INCLUDING  BY  REFERRAL,  FOR  ACCESS  TO  AND  COVERAGE OF
 S. 8007--A                         87                         A. 9007--A
 
 SERVICES PROVIDED BY ANY  NATIONAL  CANCER  INSTITUTE-DESIGNATED  CANCER
 CENTER  LICENSED  BY  THE  DEPARTMENT  OF HEALTH WITHIN THE MANAGED CARE
 PROVIDER'S SERVICE AREA THAT IS WILLING TO AGREE TO  PROVIDE  CANCER-RE-
 LATED  INPATIENT, OUTPATIENT AND MEDICAL SERVICES TO PARTICIPANTS IN ALL
 MANAGED CARE PROVIDERS OFFERING COVERAGE TO MEDICAL  ASSISTANCE  RECIPI-
 ENTS IN SUCH CANCER CENTER'S SERVICE AREA UNDER THE PREVAILING TERMS AND
 CONDITIONS  THAT  THE  MANAGED  CARE  PROVIDER REQUIRES OF OTHER SIMILAR
 PROVIDERS TO  BE  INCLUDED  IN  THE  MANAGED  CARE  PROVIDER'S  NETWORK,
 PROVIDED  THAT  SUCH TERMS SHALL INCLUDE REIMBURSEMENT OF SUCH CENTER AT
 NO LESS THAN THE FEE-FOR-SERVICE MEDICAID PAYMENT RATE  AND  METHODOLOGY
 APPLICABLE TO THE CENTER'S INPATIENT AND OUTPATIENT SERVICES.
   §  9.  Paragraph  (c) of subdivision 1 of section 369-gg of the social
 services law, as amended by section 2 of part H of  chapter  57  of  the
 laws of 2021, is amended to read as follows:
   (c)  "Health  care  services"  means  (i) the services and supplies as
 defined by the commissioner in consultation with the  superintendent  of
 financial  services,  and  shall  be  consistent with and subject to the
 essential health benefits as defined by the commissioner  in  accordance
 with  the  provisions  of the patient protection and affordable care act
 (P.L. 111-148) and consistent with the benefits provided by  the  refer-
 ence plan selected by the commissioner for the purposes of defining such
 benefits,  AND  SHALL  INCLUDE COVERAGE OF AND ACCESS TO THE SERVICES OF
 ANY NATIONAL CANCER INSTITUTE-DESIGNATED CANCER CENTER LICENSED  BY  THE
 DEPARTMENT  OF  HEALTH WITHIN THE SERVICE AREA OF THE APPROVED ORGANIZA-
 TION THAT IS WILLING  TO  AGREE  TO  PROVIDE  CANCER-RELATED  INPATIENT,
 OUTPATIENT  AND  MEDICAL SERVICES TO ALL ENROLLEES IN APPROVED ORGANIZA-
 TIONS' PLANS IN SUCH CANCER CENTER'S SERVICE AREA UNDER  THE  PREVAILING
 TERMS  AND  CONDITIONS  THAT THE APPROVED ORGANIZATION REQUIRES OF OTHER
 SIMILAR PROVIDERS TO BE INCLUDED IN THE APPROVED ORGANIZATION'S NETWORK,
 PROVIDED THAT SUCH TERMS SHALL INCLUDE REIMBURSEMENT OF SUCH  CENTER  AT
 NO  LESS  THAN THE FEE-FOR-SERVICE MEDICAID PAYMENT RATE AND METHODOLOGY
 APPLICABLE TO BASIC HEALTH  PROGRAM  PLAN  PAYMENTS  FOR  INPATIENT  AND
 OUTPATIENT  SERVICES;  and (ii) dental and vision services as defined by
 the commissioner;
   § 10. Severability. If any clause,  sentence,  paragraph,  section  or
 part  of  this act shall be adjudged by any court of competent jurisdic-
 tion to be invalid and after exhaustion of all further judicial  review,
 the judgment shall not affect, impair or invalidate the remainder there-
 of,  but  shall  be  confined  in its operation to the clause, sentence,
 paragraph, section or part of this act directly involved in the  contro-
 versy in which the judgment shall have been rendered.
   §  11.  Sections  one, two, three, four, five, six and ten of this act
 shall take effect immediately; sections seven, eight and nine shall take
 effect on the first of January next succeeding  the  date  on  which  it
 shall  have  become  a  law  and shall apply to all coverage or policies
 issued or renewed on or after such effective date and shall  expire  and
 be  deemed  repealed five years after such date; provided, however, that
 the amendments to section 364-j of  the  social  services  law  made  by
 sections  one,  two  and  eight  of  this act, the amendments to section
 4403-f of the public health law made by sections four, five and  six  of
 this act and the amendments to paragraph (c) of subdivision 1 of section
 369-gg of the social services law made by section nine of this act shall
 not  affect  the  repeal of such sections or such paragraph and shall be
 deemed repealed therewith; provided, further, that this act shall not be
 construed to prohibit managed  care  providers    participating  in  the
 managed  care  program  and  managed  long  term  care plans approved to
 S. 8007--A                         88                         A. 9007--A
 
 provide health and long term care services to enrollees who are eligible
 under title XIX of the federal social security act, that were so author-
 ized as of the date this act becomes effective,  from  continuing  oper-
 ations  as  authorized  until such time as awards are made in accordance
 with this act and  such additional time subject to  direction  from  the
 commissioner  of  health  to  ensure  the  safe  and orderly transfer of
 participants.
 
                                  PART Q
 
   Section 1. Section 268-c of the public health law is amended by adding
 a new subdivision 25 to read as follows:
   25. THE COMMISSIONER IS AUTHORIZED TO SUBMIT  THE  APPROPRIATE  WAIVER
 APPLICATIONS TO THE UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES
 AND/OR THE DEPARTMENT OF THE TREASURY TO WAIVE ANY APPLICABLE PROVISIONS
 OF  THE  PATIENT  PROTECTION AND AFFORDABLE CARE ACT, PUB. L. 111-148 AS
 AMENDED, OR SUCCESSOR PROVISIONS, AS PROVIDED FOR BY  42  U.S.C.  18052,
 AND ANY OTHER WAIVERS NECESSARY TO ACHIEVE THE PURPOSES OF HIGH QUALITY,
 AFFORDABLE COVERAGE THROUGH NY STATE OF HEALTH, THE OFFICIAL HEALTH PLAN
 MARKETPLACE.  THE  COMMISSIONER  SHALL  IMPLEMENT THE STATE PLANS OF ANY
 SUCH WAIVER IN A MANNER CONSISTENT WITH  APPLICABLE  STATE  AND  FEDERAL
 LAWS, AS AUTHORIZED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES AND/OR
 THE  SECRETARY  OF  THE  TREASURY PURSUANT TO 42 U.S.C. 18052. COPIES OF
 SUCH ORIGINAL  WAIVER  APPLICATIONS  AND  AMENDMENTS  THERETO  SHALL  BE
 PROVIDED  TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE
 ASSEMBLY WAYS AND MEANS COMMITTEE AND  THE  CHAIRS  OF  THE  SENATE  AND
 ASSEMBLY  HEALTH  COMMITTEES SIMULTANEOUSLY WITH THEIR SUBMISSION TO THE
 FEDERAL GOVERNMENT.
   § 2. Paragraph (d) of subdivision 3 of section 369-gg  of  the  social
 services  law,  as  amended  by section 2 of part H of chapter 57 of the
 laws of 2021, is amended to read as follows:
   (d) (i) EXCEPT AS PROVIDED BY SUBPARAGRAPH (II) OF THIS PARAGRAPH, has
 household income at or below two hundred percent of the federal  poverty
 line  defined  and  annually  revised by the United States department of
 health and human services for a household of the same size;  and  [(ii)]
 has  household  income  that exceeds one hundred thirty-three percent of
 the federal poverty line defined and  annually  revised  by  the  United
 States  department  of  health and human services for a household of the
 same size; however, MAGI eligible aliens lawfully present in the  United
 States  with  household  incomes  at  or  below one hundred thirty-three
 percent of the federal poverty line shall be eligible to receive  cover-
 age for health care services pursuant to the provisions of this title if
 such alien would be ineligible for medical assistance under title eleven
 of this article due to [his or her] THEIR immigration status[.];
   (II)  SUBJECT  TO  FEDERAL APPROVAL AND THE USE OF STATE FUNDS, UNLESS
 THE COMMISSIONER MAY USE FUNDS UNDER SUBDIVISION SEVEN OF THIS  SECTION,
 HAS HOUSEHOLD INCOME AT OR BELOW TWO HUNDRED FIFTY PERCENT OF THE FEDER-
 AL  POVERTY  LINE  DEFINED  AND  ANNUALLY  REVISED  BY THE UNITED STATES
 DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR  A  HOUSEHOLD  OF  THE  SAME
 SIZE;  AND  HAS  HOUSEHOLD  INCOME THAT EXCEEDS ONE HUNDRED THIRTY-THREE
 PERCENT OF THE FEDERAL POVERTY LINE DEFINED AND ANNUALLY REVISED BY  THE
 UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A HOUSEHOLD OF
 THE  SAME  SIZE;  HOWEVER,  MAGI ELIGIBLE ALIENS LAWFULLY PRESENT IN THE
 UNITED STATES WITH HOUSEHOLD INCOMES AT OR  BELOW  ONE  HUNDRED  THIRTY-
 THREE  PERCENT  OF THE FEDERAL POVERTY LINE SHALL BE ELIGIBLE TO RECEIVE
 COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO  THE  PROVISIONS  OF  THIS
 S. 8007--A                         89                         A. 9007--A
 
 TITLE  IF  SUCH  ALIEN  WOULD BE INELIGIBLE FOR MEDICAL ASSISTANCE UNDER
 TITLE ELEVEN OF THIS ARTICLE DUE TO THEIR IMMIGRATION STATUS;
   (III)  SUBJECT  TO  FEDERAL  APPROVAL IF REQUIRED AND THE USE OF STATE
 FUNDS, UNLESS THE COMMISSIONER MAY USE FUNDS UNDER SUBDIVISION SEVEN  OF
 THIS  SECTION,  A  PREGNANT INDIVIDUAL WHO IS ELIGIBLE FOR AND RECEIVING
 COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THIS TITLE IS ELIGIBLE  TO
 CONTINUE  TO  RECEIVE HEALTH CARE SERVICES PURSUANT TO THIS TITLE DURING
 THE PREGNANCY AND FOR A PERIOD OF ONE YEAR  FOLLOWING  THE  END  OF  THE
 PREGNANCY  WITHOUT  REGARD  TO ANY CHANGE IN THE INCOME OF THE HOUSEHOLD
 THAT INCLUDES THE PREGNANT INDIVIDUAL, EVEN IF SUCH CHANGE WOULD  RENDER
 THE  PREGNANT  INDIVIDUAL  INELIGIBLE  TO  RECEIVE  HEALTH CARE SERVICES
 PURSUANT TO THIS TITLE;
   (IV) SUBJECT TO FEDERAL APPROVAL, A CHILD BORN TO AN INDIVIDUAL ELIGI-
 BLE FOR AND RECEIVING COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THIS
 TITLE WHO WOULD BE ELIGIBLE FOR COVERAGE PURSUANT TO  SUBPARAGRAPHS  (2)
 OR  (4)  OF  PARAGRAPH (B) OF SUBDIVISION 1 OF SECTION THREE HUNDRED AND
 SIXTY-SIX OF THE SOCIAL SERVICES LAW SHALL BE DEEMED TO HAVE APPLIED FOR
 MEDICAL ASSISTANCE AND TO HAVE BEEN FOUND ELIGIBLE FOR  SUCH  ASSISTANCE
 ON THE DATE OF SUCH BIRTH AND TO REMAIN ELIGIBLE FOR SUCH ASSISTANCE FOR
 A PERIOD OF ONE YEAR.
   An  applicant who fails to make an applicable premium payment, if any,
 shall lose eligibility to receive coverage for health care  services  in
 accordance with time frames and procedures determined by the commission-
 er.
   §  3.  Paragraph  (d) of subdivision 3 of section 369-gg of the social
 services law, as added by section 51 of part C of chapter 60 of the laws
 of  2014, is amended to read as follows:
   (d) (i) EXCEPT AS PROVIDED BY SUBPARAGRAPH (II) OF THIS PARAGRAPH, has
 household income at or below two hundred percent of the federal  poverty
 line  defined  and  annually  revised by the United States department of
 health and human services for a household of the same size;  and  [(ii)]
 has  household  income  that exceeds one hundred thirty-three percent of
 the federal poverty line defined and  annually  revised  by  the  United
 States  department  of  health and human services for a household of the
 same size; however, MAGI eligible aliens lawfully present in the  United
 States  with  household  incomes  at  or  below one hundred thirty-three
 percent of the federal poverty line shall be eligible to receive  cover-
 age for health care services pursuant to the provisions of this title if
 such alien would be ineligible for medical assistance under title eleven
 of this article due to [his or her] THEIR immigration status[.];
   (II)  SUBJECT  TO  FEDERAL APPROVAL AND THE USE OF STATE FUNDS, UNLESS
 THE COMMISSIONER MAY USE FUNDS UNDER SUBDIVISION SEVEN OF THIS  SECTION,
 HAS HOUSEHOLD INCOME AT OR BELOW TWO HUNDRED FIFTY PERCENT OF THE FEDER-
 AL  POVERTY  LINE  DEFINED  AND  ANNUALLY  REVISED  BY THE UNITED STATES
 DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR  A  HOUSEHOLD  OF  THE  SAME
 SIZE;  AND  HAS  HOUSEHOLD  INCOME THAT EXCEEDS ONE HUNDRED THIRTY-THREE
 PERCENT OF THE FEDERAL POVERTY LINE DEFINED AND ANNUALLY REVISED BY  THE
 UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A HOUSEHOLD OF
 THE  SAME  SIZE;  HOWEVER,  MAGI ELIGIBLE ALIENS LAWFULLY PRESENT IN THE
 UNITED STATES WITH HOUSEHOLD INCOMES AT OR  BELOW  ONE  HUNDRED  THIRTY-
 THREE  PERCENT  OF THE FEDERAL POVERTY LINE SHALL BE ELIGIBLE TO RECEIVE
 COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO  THE  PROVISIONS  OF  THIS
 TITLE  IF  SUCH  ALIEN  WOULD BE INELIGIBLE FOR MEDICAL ASSISTANCE UNDER
 TITLE ELEVEN OF THIS ARTICLE DUE TO THEIR IMMIGRATION STATUS;
   (III) SUBJECT TO FEDERAL APPROVAL IF REQUIRED AND  THE  USE  OF  STATE
 FUNDS,  UNLESS THE COMMISSIONER MAY USE FUNDS UNDER SUBDIVISION SEVEN OF
 S. 8007--A                         90                         A. 9007--A
 
 THIS SECTION, A PREGNANT INDIVIDUAL WHO IS ELIGIBLE  FOR  AND  RECEIVING
 COVERAGE  FOR HEALTH CARE SERVICES PURSUANT TO THIS TITLE IS ELIGIBLE TO
 CONTINUE TO RECEIVE HEALTH CARE SERVICES PURSUANT TO THIS  TITLE  DURING
 THE  PREGNANCY  AND  FOR  A  PERIOD OF ONE YEAR FOLLOWING THE END OF THE
 PREGNANCY WITHOUT REGARD TO ANY CHANGE IN THE INCOME  OF  THE  HOUSEHOLD
 THAT  INCLUDES THE PREGNANT INDIVIDUAL, EVEN IF SUCH CHANGE WOULD RENDER
 THE PREGNANT INDIVIDUAL  INELIGIBLE  TO  RECEIVE  HEALTH  CARE  SERVICES
 PURSUANT TO THIS TITLE;
   (IV) SUBJECT TO FEDERAL APPROVAL, A CHILD BORN TO AN INDIVIDUAL ELIGI-
 BLE FOR AND RECEIVING COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THIS
 TITLE  WHO  WOULD BE ELIGIBLE FOR COVERAGE PURSUANT TO SUBPARAGRAPHS (2)
 OR (4) OF PARAGRAPH (B) OF SUBDIVISION 1 OF SECTION  THREE  HUNDRED  AND
 SIXTY-SIX OF THE SOCIAL SERVICES LAW SHALL BE DEEMED TO HAVE APPLIED FOR
 MEDICAL  ASSISTANCE  AND TO HAVE BEEN FOUND ELIGIBLE FOR SUCH ASSISTANCE
 ON THE DATE OF SUCH BIRTH AND TO REMAIN ELIGIBLE FOR SUCH ASSISTANCE FOR
 A PERIOD OF ONE YEAR.
   An applicant who fails to make an  applicable  premium  payment  shall
 lose eligibility to receive coverage for health care services in accord-
 ance with time frames and procedures determined by the commissioner.
   §  4.  Paragraph  (c) of subdivision 1 of section 369-gg of the social
 services law, as amended by section 2 of part H of  chapter  57  of  the
 laws of 2021, is amended to read as follows:
   (c)  "Health  care  services"  means  (i) the services and supplies as
 defined by the commissioner in consultation with the  superintendent  of
 financial  services,  and  shall  be  consistent with and subject to the
 essential health benefits as defined by the commissioner  in  accordance
 with  the  provisions  of the patient protection and affordable care act
 (P.L. 111-148) and consistent with the benefits provided by  the  refer-
 ence plan selected by the commissioner for the purposes of defining such
 benefits,  [and]  (ii)  dental  and  vision  services  as defined by the
 commissioner, AND (III) AS DEFINED BY THE COMMISSIONER  AND  SUBJECT  TO
 FEDERAL  APPROVAL,  CERTAIN  SERVICES AND SUPPORTS PROVIDED TO ENROLLEES
 ELIGIBLE PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH  (G)  OF  SUBDIVISION
 ONE  OF  SECTION  THREE HUNDRED SIXTY-SIX OF THIS ARTICLE WHO HAVE FUNC-
 TIONAL LIMITATIONS  AND/OR  CHRONIC  ILLNESSES  THAT  HAVE  THE  PRIMARY
 PURPOSE OF SUPPORTING THE ABILITY OF THE ENROLLEE TO LIVE OR WORK IN THE
 SETTING  OF  THEIR  CHOICE,  WHICH  MAY INCLUDE THE INDIVIDUAL'S HOME, A
 WORKSITE, OR A PROVIDER-OWNED OR CONTROLLED RESIDENTIAL SETTING;
   § 5. Paragraph (c) of subdivision 1 of section 369-gg  of  the  social
 services law, as added by section 51 of part C of chapter 60 of the laws
 of 2014, is amended to read as follows:
   (c)  "Health  care  services"  means  (I) the services and supplies as
 defined by the commissioner in consultation with the  superintendent  of
 financial  services,  and  shall  be  consistent with and subject to the
 essential health benefits as defined by the commissioner  in  accordance
 with  the  provisions  of the patient protection and affordable care act
 (P.L.  111-148) and consistent with the benefits provided by the  refer-
 ence plan selected by the commissioner for the purposes of defining such
 benefits, AND (II) AS DEFINED BY THE COMMISSIONER AND SUBJECT TO FEDERAL
 APPROVAL,  CERTAIN  SERVICES AND SUPPORTS PROVIDED TO ENROLLEES ELIGIBLE
 PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH  (G)  OF  SUBDIVISION  ONE  OF
 SECTION  THREE  HUNDRED  SIXTY-SIX  OF  THIS ARTICLE WHO HAVE FUNCTIONAL
 LIMITATIONS AND/OR CHRONIC ILLNESSES THAT HAVE THE  PRIMARY  PURPOSE  OF
 SUPPORTING THE ABILITY OF THE ENROLLEE TO LIVE OR WORK IN THE SETTING OF
 THEIR  CHOICE, WHICH MAY INCLUDE THE INDIVIDUAL'S HOME, A WORKSITE, OR A
 PROVIDER-OWNED OR CONTROLLED RESIDENTIAL SETTING;
 S. 8007--A                         91                         A. 9007--A
 
   § 6. Paragraph (c) of subdivision 1 of section 369-gg  of  the  social
 services  law,  as  amended  by section 2 of part H of chapter 57 of the
 laws of 2021, is amended to read as follows:
   (c)  "Health  care  services"  means  (i) the services and supplies as
 defined by the commissioner in consultation with the  superintendent  of
 financial  services,  and  shall  be  consistent with and subject to the
 essential health benefits as defined by the commissioner  in  accordance
 with  the  provisions  of the patient protection and affordable care act
 (P.L. 111-148) and consistent with the benefits provided by  the  refer-
 ence plan selected by the commissioner for the purposes of defining such
 benefits,  [and]  (ii)  dental  and  vision  services  as defined by the
 commissioner, AND (III) AS DEFINED BY THE COMMISSIONER  AND  SUBJECT  TO
 FEDERAL  APPROVAL,  CERTAIN  SERVICES AND SUPPORTS PROVIDED TO ENROLLEES
 WHO HAVE FUNCTIONAL LIMITATIONS AND/OR CHRONIC ILLNESSES THAT  HAVE  THE
 PRIMARY  PURPOSE  OF  SUPPORTING  THE ABILITY OF THE ENROLLEE TO LIVE OR
 WORK IN THE SETTING OF THEIR CHOICE, WHICH MAY INCLUDE THE  INDIVIDUAL'S
 HOME, A WORKSITE, OR A PROVIDER-OWNED OR CONTROLLED RESIDENTIAL SETTING;
   §  7.  Paragraph  (c) of subdivision 1 of section 369-gg of the social
 services law, as added by section 51 of part C of chapter 60 of the laws
 of 2014, is amended to read as follows:
   (c) "Health care services" means (I)  the  services  and  supplies  as
 defined  by  the commissioner in consultation with the superintendent of
 financial services, and shall be consistent  with  and  subject  to  the
 essential  health  benefits as defined by the commissioner in accordance
 with the provisions of the patient protection and  affordable  care  act
 (P.L.   111-148) and consistent with the benefits provided by the refer-
 ence plan selected by the commissioner for the purposes of defining such
 benefits, AND (II) AS DEFINED BY THE COMMISSIONER AND SUBJECT TO FEDERAL
 APPROVAL, CERTAIN SERVICES AND SUPPORTS PROVIDED TO ENROLLEES  WHO  HAVE
 FUNCTIONAL  LIMITATIONS  AND/OR  CHRONIC ILLNESSES THAT HAVE THE PRIMARY
 PURPOSE OF SUPPORTING THE ABILITY OF THE ENROLLEE TO LIVE OR WORK IN THE
 SETTING OF THEIR CHOICE, WHICH MAY  INCLUDE  THE  INDIVIDUAL'S  HOME,  A
 WORKSITE, OR A PROVIDER-OWNED OR CONTROLLED RESIDENTIAL SETTING;
   §  8.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022,  provided
 however:
   (a) the amendments to paragraph (d) of subdivision 3 of section 369-gg
 of  the  social  services  law  made by section two of this act shall be
 subject to the expiration and reversion of such  paragraph  pursuant  to
 section  3  of part H of chapter 57 of the laws of 2021 as amended, when
 upon such date the provisions of section three of this  act  shall  take
 effect;
   (b)  section  four  of  this  act  shall expire and be deemed repealed
 December 31, 2024; provided, however, the amendments to paragraph (c) of
 subdivision 1 of section 369-gg of the social services law made by  such
 section  of this act shall be subject to the expiration and reversion of
 such paragraph pursuant to section 2 of part H of chapter 57 of the laws
 of 2021 when upon such date, the provisions of section five of this  act
 shall  take  effect; provided, however, the amendments to such paragraph
 made by section five of this act shall expire  and  be  deemed  repealed
 December 31, 2024; and
   (c)  section  six  of  this  act  shall  take  effect January 1, 2025;
 provided, however, the amendments to paragraph (c) of subdivision  1  of
 section  369-gg  of the social services law made by such section of this
 act shall be subject to the expiration and reversion of  such  paragraph
 pursuant  to  section 2 of part H of chapter 57 of the laws of 2021 when
 S. 8007--A                         92                         A. 9007--A

 upon such date, the provisions of section seven of this act  shall  take
 effect.
 
                                  PART R
 
   Section  1.  Subsection  (i)  of  section 3216 of the insurance law is
 amended by adding a new paragraph 36 to read as follows:
   (36) EVERY POLICY THAT PROVIDES  MEDICAL,  MAJOR  MEDICAL  OR  SIMILAR
 COMPREHENSIVE  TYPE  COVERAGE  DELIVERED  OR ISSUED FOR DELIVERY IN THIS
 STATE SHALL PROVIDE COVERAGE FOR ABORTIONS. COVERAGE FOR ABORTIONS SHALL
 NOT BE SUBJECT TO COPAYMENTS, OR  COINSURANCE,  OR  ANNUAL  DEDUCTIBLES,
 UNLESS  THE  POLICY  IS  A HIGH DEDUCTIBLE HEALTH PLAN, AS DEFINED IN 26
 U.S.C. § 223(C)(2), IN WHICH CASE COVERAGE FOR ABORTIONS MAY BE  SUBJECT
 TO THE PLAN'S ANNUAL DEDUCTIBLE.
   § 2. Subsection (k) of section 3221 of the insurance law is amended by
 adding a new paragraph 22 to read as follows:
   (22)  (A)  EXCEPT  AS  PROVIDED IN SUBPARAGRAPH (B) OF THIS PARAGRAPH,
 EVERY GROUP OR BLANKET POLICY THAT PROVIDES MEDICAL, MAJOR  MEDICAL,  OR
 SIMILAR  COMPREHENSIVE TYPE COVERAGE DELIVERED OR ISSUED FOR DELIVERY IN
 THIS STATE SHALL PROVIDE COVERAGE FOR ABORTIONS. COVERAGE FOR  ABORTIONS
 SHALL  NOT  BE  SUBJECT TO COPAYMENTS, OR COINSURANCE, OR ANNUAL DEDUCT-
 IBLES, UNLESS THE POLICY IS A HIGH DEDUCTIBLE HEALTH PLAN, AS DEFINED IN
 26 U.S.C. § 223(C)(2), IN WHICH  CASE  COVERAGE  FOR  ABORTIONS  MAY  BE
 SUBJECT TO THE PLAN'S ANNUAL DEDUCTIBLE.
   (B) A GROUP OR BLANKET POLICY THAT PROVIDES MEDICAL, MAJOR MEDICAL, OR
 SIMILAR  COMPREHENSIVE TYPE COVERAGE TO A RELIGIOUS EMPLOYER MAY EXCLUDE
 COVERAGE FOR ABORTIONS ONLY IF THE INSURER:
   (I) OBTAINS AN ANNUAL CERTIFICATION FROM THE GROUP OR BLANKET  POLICY-
 HOLDER  THAT THE POLICYHOLDER IS A RELIGIOUS EMPLOYER AND THAT THE RELI-
 GIOUS EMPLOYER REQUESTS A POLICY WITHOUT COVERAGE FOR ABORTIONS;
   (II) ISSUES A RIDER TO EACH CERTIFICATE HOLDER AT  NO  PREMIUM  TO  BE
 CHARGED  TO  THE CERTIFICATE HOLDER OR RELIGIOUS EMPLOYER FOR THE RIDER,
 THAT PROVIDES COVERAGE FOR ABORTIONS SUBJECT TO THE SAME RULES AS  WOULD
 HAVE BEEN APPLIED TO THE SAME CATEGORY OF TREATMENT IN THE POLICY ISSUED
 TO  THE  RELIGIOUS  EMPLOYER.  THE RIDER SHALL CLEARLY AND CONSPICUOUSLY
 SPECIFY THAT THE RELIGIOUS EMPLOYER DOES NOT ADMINISTER  ABORTION  BENE-
 FITS, BUT THAT THE INSURER IS ISSUING A RIDER FOR COVERAGE OF ABORTIONS,
 AND SHALL PROVIDE THE INSURER'S CONTACT INFORMATION FOR QUESTIONS; AND
   (III)  PROVIDES  NOTICE OF THE ISSUANCE OF THE POLICY AND RIDER TO THE
 SUPERINTENDENT IN A FORM AND MANNER ACCEPTABLE TO THE SUPERINTENDENT.
   (C) FOR THE PURPOSE OF THIS PARAGRAPH, "RELIGIOUS EMPLOYER"  MEANS  AN
 ENTITY:
   (I)  FOR  WHICH  THE INCULCATION OF RELIGIOUS VALUES IS THE PURPOSE OF
 THE ENTITY;
   (II) THAT PRIMARILY EMPLOYS PERSONS WHO SHARE THE RELIGIOUS TENETS  OF
 THE ENTITY;
   (III)  THAT SERVES PRIMARILY PERSONS WHO SHARE THE RELIGIOUS TENETS OF
 THE ENTITY; AND
   (IV) THAT IS A NONPROFIT ORGANIZATION AS  DESCRIBED  IN  26  U.S.C.  §
 6033(A)(3)(A)(I) OR (III).
   §  3.  Section  4303  of  the insurance law is amended by adding a new
 subsection (ss) to read as follows:
   (SS)(1) EXCEPT AS PROVIDED IN PARAGRAPH TWO OF THIS SUBSECTION,  EVERY
 INDIVIDUAL  AND  GROUP  CONTRACT THAT PROVIDES MEDICAL, MAJOR MEDICAL OR
 SIMILAR COMPREHENSIVE TYPE COVERAGE DELIVERED OR ISSUED FOR DELIVERY  IN
 THIS  STATE SHALL PROVIDE COVERAGE FOR ABORTIONS. COVERAGE FOR ABORTIONS
 S. 8007--A                         93                         A. 9007--A
 
 SHALL NOT BE SUBJECT TO COPAYMENTS, OR COINSURANCE,  OR  ANNUAL  DEDUCT-
 IBLES,  UNLESS THE CONTRACT IS A HIGH DEDUCTIBLE HEALTH PLAN, AS DEFINED
 IN 26 U.S.C. § 223(C)(2), IN WHICH CASE COVERAGE FOR  ABORTIONS  MAY  BE
 SUBJECT TO THE PLAN'S ANNUAL DEDUCTIBLE.
   (2)  A GROUP CONTRACT THAT PROVIDES MEDICAL, MAJOR MEDICAL, OR SIMILAR
 COMPREHENSIVE TYPE COVERAGE TO A RELIGIOUS EMPLOYER MAY EXCLUDE COVERAGE
 FOR ABORTIONS ONLY IF THE CORPORATION:
   (A) OBTAINS AN ANNUAL CERTIFICATION FROM  THE  GROUP  CONTRACT  HOLDER
 THAT  THE CONTRACT HOLDER IS A RELIGIOUS EMPLOYER AND THAT THE RELIGIOUS
 EMPLOYER REQUESTS A CONTRACT WITHOUT COVERAGE FOR ABORTIONS;
   (B) ISSUES A RIDER TO EACH CERTIFICATE HOLDER  AT  NO  PREMIUM  TO  BE
 CHARGED  TO  THE CERTIFICATE HOLDER OR RELIGIOUS EMPLOYER FOR THE RIDER,
 THAT PROVIDES COVERAGE FOR ABORTIONS SUBJECT TO THE SAME RULES AS  WOULD
 HAVE  BEEN  APPLIED  TO  THE  SAME CATEGORY OF TREATMENT IN THE CONTRACT
 ISSUED TO THE RELIGIOUS EMPLOYER. THE RIDER SHALL CLEARLY AND  CONSPICU-
 OUSLY  SPECIFY  THAT THE RELIGIOUS EMPLOYER DOES NOT ADMINISTER ABORTION
 BENEFITS, BUT THAT THE CORPORATION IS ISSUING A RIDER  FOR  COVERAGE  OF
 ABORTIONS,  AND  SHALL PROVIDE THE CORPORATION'S CONTACT INFORMATION FOR
 QUESTIONS; AND
   (III) PROVIDES NOTICE OF THE ISSUANCE OF THE CONTRACT AND RIDER TO THE
 SUPERINTENDENT IN A FORM AND MANNER ACCEPTABLE TO THE SUPERINTENDENT.
   (3) FOR THE PURPOSE OF THIS SUBSECTION, "RELIGIOUS EMPLOYER" MEANS  AN
 ENTITY:
   (A)  FOR  WHICH  THE INCULCATION OF RELIGIOUS VALUES IS THE PURPOSE OF
 THE ENTITY;
   (B) THAT PRIMARILY EMPLOYS PERSONS WHO SHARE THE RELIGIOUS  TENETS  OF
 THE ENTITY;
   (C)  THAT  SERVES  PRIMARILY PERSONS WHO SHARE THE RELIGIOUS TENETS OF
 THE ENTITY; AND
   (D) THAT IS A NONPROFIT ORGANIZATION  AS  DESCRIBED  IN  26  U.S.C.  §
 6033(A)(3)(A)(I) OR (III).
   §  4. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law and shall apply to  all
 policies and contracts issued, renewed, modified, altered, or amended on
 or  after  such date. Effective immediately, the addition, amendment, 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 S

   Section 1. Subdivision 2 of section 365-a of the social  services  law
 is amended by adding a new paragraph (jj) to read as follows:
   (JJ)  PRE-NATAL  AND  POST-PARTUM CARE AND SERVICES FOR THE PURPOSE OF
 IMPROVING MATERNAL HEALTH OUTCOMES AND REDUCTION OF MATERNAL  MORTALITY,
 AS  DETERMINED  BY  THE  COMMISSIONER  OF HEALTH, WHEN SUCH SERVICES ARE
 RECOMMENDED BY A PHYSICIAN OR OTHER LICENSED PRACTITIONER OF THE HEALING
 ARTS, AND PROVIDED BY QUALIFIED  PRACTITIONERS,  AS  DETERMINED  BY  THE
 COMMISSIONER  OF  HEALTH; PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS
 PARAGRAPH SHALL NOT TAKE EFFECT UNLESS  ALL  NECESSARY  APPROVALS  UNDER
 FEDERAL  LAW AND REGULATION HAVE BEEN OBTAINED TO RECEIVE FEDERAL FINAN-
 CIAL PARTICIPATION IN THE COSTS OF SERVICES PROVIDED  PURSUANT  TO  THIS
 PARAGRAPH.  NOTHING  IN  THIS PARAGRAPH SHALL BE CONSTRUED TO MODIFY ANY
 LICENSURE, CERTIFICATION OR SCOPE  OF  PRACTICE  PROVISION  UNDER  TITLE
 EIGHT OF THE EDUCATION LAW.
 S. 8007--A                         94                         A. 9007--A
 
   §  2.  Subparagraph 3 of paragraph (d) of subdivision 1 of section 366
 of the social services law, as added by section 1 of part D  of  chapter
 56 of the laws of 2013, is amended to read as follows:
   (3)  cooperates  with  the appropriate social services official or the
 department in establishing paternity or in establishing,  modifying,  or
 enforcing  a  support  order with respect to his or her child; provided,
 however, that nothing herein contained shall be construed to  require  a
 payment  under this title for care or services, the cost of which may be
 met in whole or in part by a third party; notwithstanding the foregoing,
 a social services official shall not require  such  cooperation  if  the
 social  services official or the department determines that such actions
 would be detrimental to the best interest of the  child,  applicant,  or
 recipient, or with respect to pregnant women during pregnancy and during
 the  [sixty-day] ONE YEAR period beginning on the last day of pregnancy,
 in accordance with procedures and criteria established by regulations of
 the department consistent with federal law; and
   § 3. Subparagraph 1 of paragraph (b) of subdivision 4 of  section  366
 of  the  social services law, as added by section 2 of part D of chapter
 56 of the laws of 2013, is amended to read as follows:
   (1) A pregnant woman eligible for medical  assistance  under  subpara-
 graph two or four of paragraph (b) of subdivision one of this section on
 any  day of her pregnancy will continue to be eligible for such care and
 services [through the end of the month in which the sixtieth day follow-
 ing the end of the pregnancy occurs,] FOR A PERIOD OF ONE YEAR BEGINNING
 ON THE LAST DAY OF PREGNANCY, without regard to any change in the income
 of the family that includes the pregnant  woman,  even  if  such  change
 otherwise  would  have  rendered  her ineligible for medical assistance.
 NOTWITHSTANDING THE PROVISIONS OF  THIS  SUBPARAGRAPH,  INDIVIDUALS  WHO
 MEET  THE ELIGIBILITY REQUIREMENTS FOR MEDICAL ASSISTANCE UNDER SUBPARA-
 GRAPH EIGHT OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS  SECTION,  SHALL
 CONTINUE  TO  BE ELIGIBLE FOR MEDICAL ASSISTANCE UNDER THIS SUBPARAGRAPH
 THROUGH THE END OF THE MONTH IN WHICH THE  SIXTIETH  DAY  FOLLOWING  THE
 LAST DAY OF THE PREGNANCY OCCURS.
   §  4.  Paragraph  (b)  of  subdivision  1 of section 366 of the social
 services law is amended by adding  a  new  subparagraph  8  to  read  as
 follows:
   (8)  NOTWITHSTANDING  THE PROVISIONS OF SUBPARAGRAPH TWO OF THIS PARA-
 GRAPH, A PREGNANT INDIVIDUAL THAT IS  INELIGIBLE  FOR  FEDERALLY  FUNDED
 MEDICAL  ASSISTANCE  SOLELY  DUE TO THEIR IMMIGRATION STATUS IS ELIGIBLE
 FOR STANDARD COVERAGE IF THEIR MAGI HOUSEHOLD INCOME DOES NOT EXCEED THE
 MAGI-EQUIVALENT OF TWO HUNDRED PERCENT OF THE FEDERAL POVERTY  LINE  FOR
 THE APPLICABLE FAMILY SIZE, WHICH SHALL BE CALCULATED IN ACCORDANCE WITH
 GUIDANCE  ISSUED  BY  THE  SECRETARY  OF THE UNITED STATES DEPARTMENT OF
 HEALTH AND HUMAN SERVICES.
   § 5. Section 369-hh of the social services law is REPEALED.
   § 6. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2022; provided,
 however,  that sections two, three, four and five of this act shall take
 effect March 1, 2023.
 
                                  PART T
 
   Section 1. Subdivision 1 of section 2308 of the public health  law  is
 amended to read as follows:
   1. Every physician OR OTHER AUTHORIZED PRACTITIONER attending pregnant
 [women] PATIENTS in the state shall in the case of every [woman] PATIENT
 S. 8007--A                         95                         A. 9007--A
 
 so  attended take or cause to be taken a sample of blood of such [woman]
 PATIENT at the time of first examination, and submit such sample  to  an
 approved  laboratory  for  a  standard serological test for syphilis. IN
 ADDITION  TO TESTING AT THE TIME OF FIRST EXAMINATION, EVERY SUCH PHYSI-
 CIAN OR OTHER AUTHORIZED PRACTITIONER SHALL ORDER A SYPHILIS TEST DURING
 THE THIRD TRIMESTER OF PREGNANCY CONSISTENT WITH ANY GUIDANCE AND  REGU-
 LATIONS ISSUED BY THE COMMISSIONER.
   §  2. This act shall take effect one year after it shall have become a
 law. Effective immediately, any rules and regulations or guidance neces-
 sary to implement the provisions of this act on its effective  date  are
 authorized  to be amended, repealed and/or promulgated on or before such
 date.
 
                                  PART U
 
   Section 1. Subdivision 7 of section 2510 of the public health law,  as
 amended  by  chapter  436  of  the  laws  of 2021, is amended to read as
 follows:
   7. "Covered health care services" means: the services  of  physicians,
 optometrists,  nurses,  nurse  practitioners, midwives and other related
 professional personnel  which  are  provided  on  an  outpatient  basis,
 including  routine well-child visits; diagnosis and treatment of illness
 and injury; inpatient health care services; laboratory tests; diagnostic
 x-rays;  prescription  and  non-prescription  drugs,  ostomy  AND  OTHER
 MEDICAL  supplies  and  durable  medical  equipment;  radiation therapy;
 chemotherapy; hemodialysis; outpatient blood  clotting  factor  products
 and  other treatments and services furnished in connection with the care
 of hemophilia and other blood clotting protein  deficiencies;  emergency
 room  services; AMBULANCE SERVICES; hospice services; emergency, preven-
 tive and routine dental care, including [medically necessary]  orthodon-
 tia  but  excluding  cosmetic surgery; emergency, preventive and routine
 vision care, including eyeglasses; speech and hearing  services;  [and,]
 inpatient  and  outpatient  mental  health,  alcohol and substance abuse
 services, INCLUDING CHILDREN AND FAMILY TREATMENT AND SUPPORT  SERVICES,
 CHILDREN'S HOME AND COMMUNITY BASED SERVICES, ASSERTIVE COMMUNITY TREAT-
 MENT  SERVICES  AND  RESIDENTIAL  REHABILITATION FOR YOUTH SERVICES; AND
 HEALTH-RELATED SERVICES PROVIDED BY VOLUNTARY FOSTER CARE AGENCY  HEALTH
 FACILITIES  LICENSED  PURSUANT TO ARTICLE TWENTY-NINE-I OF THIS CHAPTER;
 as defined by the commissioner [in  consultation  with  the  superinten-
 dent].  "Covered  health  care services" shall not include drugs, proce-
 dures and supplies  for  the  treatment  of  erectile  dysfunction  when
 provided  to,  or  prescribed  for  use  by, a person who is required to
 register as a sex offender pursuant to article six-C of  the  correction
 law,  provided  that any denial of coverage of such drugs, procedures or
 supplies shall provide the patient with the  means  of  obtaining  addi-
 tional information concerning both the denial and the means of challeng-
 ing such denial.
   § 2. Subdivision 9 of section 2510 of the public health law is amended
 by adding a new paragraph (e) to read as follows:
   (E)  FOR  PERIODS  ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY-TWO,
 AMOUNTS AS FOLLOWS:
   (I) NO PAYMENTS ARE REQUIRED FOR ELIGIBLE CHILDREN WHOSE FAMILY HOUSE-
 HOLD INCOME IS LESS THAN TWO HUNDRED TWENTY-THREE PERCENT  OF  THE  NON-
 FARM  FEDERAL  POVERTY  LEVEL AND FOR ELIGIBLE CHILDREN WHO ARE AMERICAN
 INDIANS OR ALASKAN NATIVES, AS DEFINED BY THE UNITED  STATES  DEPARTMENT
 S. 8007--A                         96                         A. 9007--A
 
 OF HEALTH AND HUMAN SERVICES, WHOSE FAMILY HOUSEHOLD INCOME IS LESS THAN
 TWO HUNDRED FIFTY-ONE PERCENT OF THE NON-FARM FEDERAL POVERTY LEVEL; AND
   (II)  FIFTEEN  DOLLARS  PER MONTH FOR EACH ELIGIBLE CHILD WHOSE FAMILY
 HOUSEHOLD INCOME IS BETWEEN TWO HUNDRED  TWENTY-THREE  PERCENT  AND  TWO
 HUNDRED FIFTY PERCENT OF THE NON-FARM FEDERAL POVERTY LEVEL, BUT NO MORE
 THAN FORTY-FIVE DOLLARS PER MONTH PER FAMILY; AND
   (III)  THIRTY  DOLLARS  PER MONTH FOR EACH ELIGIBLE CHILD WHOSE FAMILY
 HOUSEHOLD INCOME IS BETWEEN TWO  HUNDRED  FIFTY-ONE  PERCENT  AND  THREE
 HUNDRED  PERCENT OF THE NON-FARM FEDERAL POVERTY LEVEL, BUT NO MORE THAN
 NINETY DOLLARS PER MONTH PER FAMILY; AND
   (IV) FORTY-FIVE DOLLARS PER MONTH FOR EACH ELIGIBLE CHILD WHOSE FAMILY
 HOUSEHOLD INCOME IS BETWEEN THREE HUNDRED ONE PERCENT AND THREE  HUNDRED
 FIFTY  PERCENT  OF  THE NON-FARM FEDERAL POVERTY LEVEL, BUT NO MORE THAN
 ONE HUNDRED THIRTY-FIVE DOLLARS PER MONTH PER FAMILY; AND
   (V) SIXTY DOLLARS PER MONTH  FOR  EACH  ELIGIBLE  CHILD  WHOSE  FAMILY
 HOUSEHOLD  INCOME  IS  BETWEEN  THREE HUNDRED FIFTY-ONE PERCENT AND FOUR
 HUNDRED PERCENT OF THE NON-FARM FEDERAL POVERTY LEVEL, BUT NO MORE  THAN
 ONE HUNDRED EIGHTY DOLLARS PER MONTH PER FAMILY.
   § 3. Subdivision 8 of section 2511 of the public health law is amended
 by adding a new paragraph (i) to read as follows:
   (I)    NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS TITLE, ARTI-
 CLES THIRTY-TWO AND FORTY-THREE OF THE INSURANCE LAW AND SUBSECTION  (E)
 OF SECTION ELEVEN HUNDRED TWENTY OF THE INSURANCE LAW:
   (I) THE COMMISSIONER SHALL, SUBJECT TO APPROVAL OF THE DIRECTOR OF THE
 DIVISION  OF  THE BUDGET, DEVELOP REIMBURSEMENT METHODOLOGIES FOR DETER-
 MINING THE AMOUNT OF SUBSIDY PAYMENTS MADE TO APPROVED ORGANIZATIONS FOR
 THE COST OF COVERED HEALTH CARE SERVICES COVERAGE PROVIDED  PURSUANT  TO
 THIS  TITLE  FOR  PAYMENTS MADE ON AND AFTER JANUARY FIRST, TWO THOUSAND
 TWENTY-FOUR.
   (II) EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-THREE,  THE  COMMIS-
 SIONER  SHALL  COORDINATE  WITH THE SUPERINTENDENT OF FINANCIAL SERVICES
 FOR THE TRANSITION OF THE SUBSIDY PAYMENT RATE SETTING FUNCTION  TO  THE
 DEPARTMENT  AND,  IN  CONJUNCTION  WITH  ITS INDEPENDENT ACTUARY, REVIEW
 REIMBURSEMENT METHODOLOGIES DEVELOPED IN  ACCORDANCE  WITH  SUBPARAGRAPH
 (I)  OF  THIS PARAGRAPH. NOTWITHSTANDING SECTION ONE HUNDRED SIXTY-THREE
 OF THE STATE FINANCE LAW, THE COMMISSIONER MAY SELECT AND CONTRACT  WITH
 THE  INDEPENDENT  ACTUARY  SELECTED  PURSUANT TO SUBDIVISION EIGHTEEN OF
 SECTION THREE HUNDRED SIXTY-FOUR-J OF THE SOCIAL SERVICES LAW, WITHOUT A
 COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS.  SUCH INDEPENDENT ACTU-
 ARY SHALL REVIEW AND MAKE RECOMMENDATIONS CONCERNING APPROPRIATE ACTUAR-
 IAL ASSUMPTIONS RELEVANT TO THE ESTABLISHMENT OF REIMBURSEMENT METHODOL-
 OGIES, INCLUDING BUT NOT LIMITED TO  THE  ADEQUACY  OF  SUBSIDY  PAYMENT
 AMOUNTS  IN  RELATION  TO  THE POPULATION TO BE SERVED ADJUSTED FOR CASE
 MIX, THE SCOPE OF SERVICES  APPROVED  ORGANIZATIONS  MUST  PROVIDE,  THE
 UTILIZATION  OF  SUCH  SERVICES AND THE NETWORK OF PROVIDERS REQUIRED TO
 MEET STATE STANDARDS.
   § 4. Paragraph b of subdivision 7 of section 2511 of the public health
 law, as amended by chapter 923 of the laws of 1990, is amended  to  read
 as follows:
   (b)  The  commissioner, in consultation with the superintendent, shall
 make a determination whether to approve, disapprove or recommend modifi-
 cation of the proposal. In order for a proposal to be  approved  by  the
 commissioner,  the  proposal must also be approved by the superintendent
 with respect to the provisions of subparagraphs  [(viii)  through]  (IX)
 AND (xii) of paragraph (a) of this subdivision.
 S. 8007--A                         97                         A. 9007--A
 
   § 5. Section 2511 of the public health law is amended by adding subdi-
 vision 22 to read as follows:
   22.  NOTWITHSTANDING THE PROVISIONS OF THIS TITLE AND EFFECTIVE ON AND
 AFTER  JANUARY  FIRST,  TWO  THOUSAND  TWENTY-THREE,  THE  CONSULTATIVE,
 REVIEW,  AND  APPROVAL  FUNCTIONS  OF  THE  SUPERINTENDENT  OF FINANCIAL
 SERVICES RELATED TO ADMINISTRATION OF THE CHILD  HEALTH  INSURANCE  PLAN
 ARE NO LONGER APPLICABLE AND REFERENCES TO THOSE FUNCTIONS IN THIS TITLE
 SHALL  BE  NULL  AND  VOID. THE CHILD HEALTH INSURANCE PLAN SET FORTH IN
 THIS TITLE SHALL BE ADMINISTERED SOLELY BY THE COMMISSIONER.  ALL  CHILD
 HEALTH  INSURANCE PLAN POLICIES REVIEWED AND APPROVED BY THE SUPERINTEN-
 DENT OF FINANCIAL SERVICES IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
 TWENTY OF THE INSURANCE LAW SHALL REMAIN IN EFFECT UNTIL THE COMMISSION-
 ER  ESTABLISHES  A  PROCESS  TO  REVIEW  AND APPROVE MEMBER HANDBOOKS IN
 ACCORDANCE WITH THE REQUIREMENTS OF TITLE  XXI  OF  THE  FEDERAL  SOCIAL
 SECURITY ACT AND IMPLEMENTING REGULATIONS, AND SUCH MEMBER HANDBOOKS ARE
 ISSUED  BY  APPROVED ORGANIZATIONS TO ENROLLEES IN PLACE OF CHILD HEALTH
 INSURANCE PLAN POLICIES WHICH WERE SUBJECT TO REVIEW UNDER SECTION ELEV-
 EN HUNDRED TWENTY OF THE INSURANCE LAW.
   § 6. This act shall take effect immediately; provided,  however,  that
 sections  one,  three  and four of this act shall take effect January 1,
 2023 and sections two and five of this act shall take  effect  April  1,
 2022.
 
                                  PART V
 
   Section  1. Subdivision 1 of section 2999-dd of the public health law,
 as amended by chapter 124 of the laws of 2020, is  amended  to  read  as
 follows:
   1.  Health  care  services  delivered  by means of telehealth shall be
 entitled to reimbursement under section three hundred  sixty-seven-u  of
 the  social services law ON THE SAME BASIS, AT THE SAME RATE, AND TO THE
 SAME EXTENT THE EQUIVALENT SERVICES, AS MAY BE  DEFINED  IN  REGULATIONS
 PROMULGATED  BY  THE  COMMISSIONER,  ARE  REIMBURSED  WHEN  DELIVERED IN
 PERSON; PROVIDED, HOWEVER, THAT HEALTH CARE SERVICES DELIVERED BY  MEANS
 OF  TELEHEALTH  SHALL NOT REQUIRE REIMBURSEMENT TO A TELEHEALTH PROVIDER
 FOR CERTAIN COSTS, INCLUDING BUT NOT LIMITED TO FACILITY FEES  OR  COSTS
 REIMBURSED  THROUGH AMBULATORY PATIENT GROUPS OR OTHER CLINIC REIMBURSE-
 MENT METHODOLOGIES SET FORTH IN SECTION TWENTY-EIGHT  HUNDRED  SEVEN  OF
 THIS  CHAPTER, IF SUCH COSTS WERE NOT INCURRED IN THE PROVISION OF TELE-
 HEALTH SERVICES DUE TO NEITHER THE ORIGINATING SITE NOR THE DISTANT SITE
 OCCURRING WITHIN  A  FACILITY  OR  OTHER  CLINIC  SETTING;  AND  FURTHER
 provided,  however,  reimbursement  for  additional modalities, provider
 categories and originating sites specified in  accordance  with  section
 twenty-nine hundred ninety-nine-ee of this article, and audio-only tele-
 phone  communication  defined  in  regulations  promulgated  pursuant to
 subdivision four of section twenty-nine hundred ninety-nine-cc  of  this
 article,  shall  be  contingent  upon  federal  financial participation.
 NOTWITHSTANDING  THE  PROVISIONS  OF  THIS  SUBDIVISION,  FOR   SERVICES
 LICENSED, CERTIFIED OR OTHERWISE AUTHORIZED PURSUANT TO ARTICLE SIXTEEN,
 ARTICLE THIRTY-ONE OR ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW, SUCH
 SERVICES  PROVIDED  BY TELEHEALTH, AS DEEMED APPROPRIATE BY THE RELEVANT
 COMMISSIONER, SHALL BE REIMBURSED AT THE APPLICABLE IN PERSON  RATES  OR
 FEES  ESTABLISHED  BY  LAW, OR OTHERWISE ESTABLISHED OR CERTIFIED BY THE
 OFFICE FOR PEOPLE WITH  DEVELOPMENTAL  DISABILITIES,  OFFICE  OF  MENTAL
 HEALTH,  OR  THE  OFFICE  OF ADDICTION SERVICES AND SUPPORTS PURSUANT TO
 ARTICLE FORTY-THREE OF THE MENTAL HYGIENE LAW.
 S. 8007--A                         98                         A. 9007--A
 
   § 2. Subsection (a) of section 3217-h of the insurance law,  as  added
 by chapter 6 of the laws of 2015, is amended to read as follows:
   (a)  (1)  An insurer shall not exclude from coverage a service that is
 otherwise covered under a policy that  provides  comprehensive  coverage
 for  hospital, medical or surgical care because the service is delivered
 via telehealth, as that term  is  defined  in  subsection  (b)  of  this
 section;  provided, however, that an insurer may exclude from coverage a
 service by a health care provider where the provider  is  not  otherwise
 covered  under  the  policy.  An  insurer  may subject the coverage of a
 service delivered via telehealth to co-payments, coinsurance or  deduct-
 ibles  provided  that  they  are at least as favorable to the insured as
 those established for the same service  when  not  delivered  via  tele-
 health.  An  insurer may subject the coverage of a service delivered via
 telehealth to reasonable utilization management  and  quality  assurance
 requirements  that  are  consistent  with those established for the same
 service when not delivered via telehealth.
   (2) AN INSURER THAT  PROVIDES  COMPREHENSIVE  COVERAGE  FOR  HOSPITAL,
 MEDICAL  OR  SURGICAL CARE SHALL REIMBURSE COVERED SERVICES DELIVERED BY
 MEANS OF TELEHEALTH ON THE SAME BASIS, AT THE SAME RATE, AND TO THE SAME
 EXTENT THAT SUCH SERVICES  ARE  REIMBURSED  WHEN  DELIVERED  IN  PERSON;
 PROVIDED THAT REIMBURSEMENT OF COVERED SERVICES DELIVERED VIA TELEHEALTH
 SHALL  NOT  REQUIRE  REIMBURSEMENT OF COSTS NOT ACTUALLY INCURRED IN THE
 PROVISION OF THE TELEHEALTH SERVICES, INCLUDING CHARGES RELATED  TO  THE
 USE  OF A CLINIC OR OTHER FACILITY WHEN NEITHER THE ORIGINATING SITE NOR
 DISTANT SITE OCCUR WITHIN THE CLINIC OR OTHER FACILITY.
   (3) AN INSURER THAT  PROVIDES  COMPREHENSIVE  COVERAGE  FOR  HOSPITAL,
 MEDICAL,  OR SURGICAL CARE WITH A NETWORK OF HEALTH CARE PROVIDERS SHALL
 ENSURE THAT SUCH NETWORK IS ADEQUATE TO MEET  THE  TELEHEALTH  NEEDS  OF
 INSURED INDIVIDUALS FOR SERVICES COVERED UNDER THE POLICY WHEN MEDICALLY
 APPROPRIATE.
   §  3.  Subsection (a) of section 4306-g of the insurance law, as added
 by chapter 6 of the laws of 2015, is amended to read as follows:
   (a) (1) A corporation shall not exclude from coverage a  service  that
 is otherwise covered under a contract that provides comprehensive cover-
 age for hospital, medical or surgical care because the service is deliv-
 ered  via  telehealth, as that term is defined in subsection (b) of this
 section; provided, however, that a corporation may exclude from coverage
 a service by a health care provider where the provider is not  otherwise
 covered under the contract.  A corporation may subject the coverage of a
 service  delivered via telehealth to co-payments, coinsurance or deduct-
 ibles provided that they are at least as favorable  to  the  insured  as
 those  established  for  the  same  service when not delivered via tele-
 health. A corporation may subject the coverage of  a  service  delivered
 via  telehealth  to reasonable utilization management and quality assur-
 ance requirements that are consistent with  those  established  for  the
 same service when not delivered via telehealth.
   (2)  A  CORPORATION THAT PROVIDES COMPREHENSIVE COVERAGE FOR HOSPITAL,
 MEDICAL OR SURGICAL CARE SHALL REIMBURSE COVERED SERVICES  DELIVERED  BY
 MEANS OF TELEHEALTH ON THE SAME BASIS, AT THE SAME RATE, AND TO THE SAME
 EXTENT  THAT  SUCH  SERVICES  ARE  REIMBURSED  WHEN DELIVERED IN PERSON;
 PROVIDED THAT REIMBURSEMENT OF COVERED   SERVICES  DELIVERED  VIA  TELE-
 HEALTH  SHALL  NOT REQUIRE REIMBURSEMENT OF  COSTS NOT ACTUALLY INCURRED
 IN THE PROVISION OF THE TELEHEALTH SERVICES,  INCLUDING CHARGES  RELATED
 TO  THE  USE  OF A CLINIC OR OTHER FACILITY WHEN NEITHER THE ORIGINATING
 SITE NOR THE DISTANT SITE OCCUR WITHIN THE CLINIC OR OTHER FACILITY. THE
 S. 8007--A                         99                         A. 9007--A
 
 SUPERINTENDENT MAY PROMULGATE REGULATIONS TO IMPLEMENT THE    PROVISIONS
 OF THIS SECTION.
   (3)  A  CORPORATION THAT PROVIDES COMPREHENSIVE COVERAGE FOR HOSPITAL,
 MEDICAL, OR SURGICAL CARE WITH A NETWORK OF HEALTH CARE PROVIDERS  SHALL
 ENSURE  THAT  SUCH  NETWORK  IS ADEQUATE TO MEET THE TELEHEALTH NEEDS OF
 INSURED INDIVIDUALS FOR SERVICES COVERED UNDER THE POLICY WHEN MEDICALLY
 APPROPRIATE.
   § 4. Section 4406-g of the public health law is amended by adding  two
 new subdivisions 3 and 4 to read as follows:
   3.  A  HEALTH  MAINTENANCE  ORGANIZATION  THAT  PROVIDES COMPREHENSIVE
 COVERAGE FOR HOSPITAL, MEDICAL OR SURGICAL CARE SHALL REIMBURSE  COVERED
 SERVICES  DELIVERED  VIA TELEHEALTH ON THE SAME BASIS, AT THE SAME RATE,
 AND TO THE EXTENT THAT SUCH SERVICES ARE REIMBURSED  WHEN  DELIVERED  IN
 PERSON;  PROVIDED  THAT  REIMBURSEMENT  OF COVERED SERVICES DELIVERED BY
 MEANS OF TELEHEALTH SHALL NOT REQUIRE REIMBURSEMENT OF  COSTS NOT  ACTU-
 ALLY  INCURRED  IN  THE  PROVISION OF THE TELEHEALTH SERVICES, INCLUDING
 CHARGES RELATED TO THE USE OF A CLINIC OR OTHER  FACILITY  WHEN  NEITHER
 THE  ORIGINATING  SITE  NOR  THE DISTANT SITE OCCUR WITHIN THE CLINIC OR
 OTHER FACILITY. THE COMMISSIONER, IN CONSULTATION WITH  THE  SUPERINTEN-
 DENT,  MAY  PROMULGATE  REGULATIONS  TO IMPLEMENT THE PROVISIONS OF THIS
 SECTION.
   4. A  HEALTH  MAINTENANCE  ORGANIZATION  THAT  PROVIDES  COMPREHENSIVE
 COVERAGE  FOR  HOSPITAL,  MEDICAL,  OR  SURGICAL  CARE WITH A NETWORK OF
 HEALTH CARE PROVIDERS SHALL ENSURE THAT SUCH NETWORK IS ADEQUATE TO MEET
 THE TELEHEALTH NEEDS OF INSURED INDIVIDUALS FOR SERVICES  COVERED  UNDER
 THE POLICY WHEN MEDICALLY APPROPRIATE.
   §  5.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022.
 
                                  PART W
 
   Section 1. Section 365-g of the social services law, as added by chap-
 ter 938 of the laws of 1990, subdivisions 1 and 3 as amended by  chapter
 165  of  the laws of 1991, subdivisions 2 and 4 as amended by section 31
 of part C of chapter 58 of the laws of 2008, clause (B) of  subparagraph
 (iii)  of paragraph (b) of subdivision 3 as amended by chapter 59 of the
 laws of 1993, subparagraphs (vi) and (vii) of paragraph (b) of  subdivi-
 sion  3  as  amended and subparagraph (viii) as added by section 31-b of
 part C of chapter 58 of the laws of 2008, subdivision 5  as  amended  by
 chapter  41 of the laws of 1992, paragraphs (f) and (g) of subdivision 5
 as amended by and paragraphs (h) and (i) as added  by  section  31-a  of
 part C of chapter 58 of the laws of 2008, is amended to read as follows:
   §  365-g.  Utilization  [thresholds] REVIEW for certain care, services
 and supplies.  1. The department may implement a system for  utilization
 [controls]  REVIEW,  pursuant  to this section, for persons eligible for
 benefits under this title,  [including  annual  service  limitations  or
 utilization  thresholds above which the department may not pay for addi-
 tional care,  services  or  supplies,  unless  such  care,  services  or
 supplies  have been previously approved by the department or unless such
 care, services or supplies were provided pursuant to subdivision  three,
 four or five of this section] TO EVALUATE THE APPROPRIATENESS AND QUALI-
 TY  OF MEDICAL ASSISTANCE, AND SAFEGUARD AGAINST UNNECESSARY UTILIZATION
 OF CARE AND SERVICES, WHICH SHALL INCLUDE A POST-PAYMENT REVIEW  PROCESS
 TO DEVELOP AND REVIEW BENEFICIARY UTILIZATION PROFILES, PROVIDER SERVICE
 PROFILES, AND EXCEPTIONS CRITERIA TO CORRECT MISUTILIZATION PRACTICES OF
 BENEFICIARIES  AND PROVIDERS; AND FOR REFERRAL TO THE OFFICE OF MEDICAID
 S. 8007--A                         100                        A. 9007--A
 
 INSPECTOR GENERAL WHERE SUSPECTED FRAUD, WASTE OR ABUSE  ARE  IDENTIFIED
 IN  THE  UNNECESSARY  OR INAPPROPRIATE USE OF CARE, SERVICES OR SUPPLIES
 FURNISHED UNDER THIS TITLE.
   2.  The  department may [implement] REVIEW utilization [thresholds] by
 provider service type, medical procedure and  patient,  in  consultation
 with  the  state  department  of mental hygiene, other appropriate state
 agencies, and other stakeholders including provider and consumer  repre-
 sentatives.    In  [developing]  REVIEWING utilization [thresholds], the
 department shall consider  historical  recipient  utilization  patterns,
 patient-specific  diagnoses  and burdens of illness, and the anticipated
 recipient needs in order to maintain good health.
   3. [If the department implements a utilization threshold program, at a
 minimum, such program must include:
   (a) prior notice to the recipients affected by the utilization thresh-
 old program, which notice must describe:
   (i) the nature and extent of the utilization program,  the  procedures
 for  obtaining an exemption from or increase in a utilization threshold,
 the recipients' fair hearing rights, and referral  to  an  informational
 toll-free hot-line operated by the department; and
   (ii) alternatives to the utilization threshold program such as enroll-
 ment  in  managed  care  programs and referral to preferred primary care
 providers designated pursuant to subdivision twelve of  section  twenty-
 eight hundred seven of the public health law; and
   (b) procedures for:
   (i) requesting an increase in amount of authorized services;
   (ii)  extending  amount of authorized services when an application for
 an increase in the amount of authorized services is pending;
   (iii) requesting  an  exemption  from  utilization  thresholds,  which
 procedure must:
   (A)  allow  the  recipient, or a provider on behalf of a recipient, to
 apply to the department for an exemption from one  or  more  utilization
 thresholds  based  upon  documentation  of  the  medical  necessity  for
 services in excess of the threshold,
   (B) provided for exemptions consistent with department guidelines  for
 approving  exemptions,  which  guidelines  must  be  established  by the
 department in consultation with the department of health and, as  appro-
 priate,  with  the department of mental hygiene, and consistent with the
 current regulations of the office of mental health governing  outpatient
 treatment.
   (C)  provide  for an exemption when medical and clinical documentation
 substantiates a condition of a chronic  medical  nature  which  requires
 ongoing and frequent use of medical care, services or supplies such that
 an  increase  in  the amount of authorized services is not sufficient to
 meet the medical needs of the recipient;
   (iv) reimbursing a provider, regardless of  the  recipient's  previous
 use  of services, when care, services or supplies are provided in a case
 of urgent medical need, as defined by the department, or  when  provided
 on an emergency basis, as defined by the department;
   (v)  notifying  recipients  of and referring recipients to appropriate
 and accessible managed care  programs  and  to  preferred  primary  care
 providers  designated  pursuant to subdivision twelve of section twenty-
 eight hundred seven of the public health  law  at  the  same  time  such
 recipients are notified that they are nearing or have reached the utili-
 zation threshold for each specific provider type;
   (vi)  notifying  recipients at the same time such recipients are noti-
 fied that they have received an exemption from a utilization  threshold,
 S. 8007--A                         101                        A. 9007--A

 an increase in the amount of authorized services, or that they are near-
 ing  or  have  reached  their  utilization  threshold, of their possible
 eligibility for federal disability benefits and directing  such  recipi-
 ents to their social services district for information and assistance in
 securing such benefits;
   (vii)  cooperating  with social services districts in sharing informa-
 tion collected and developed by  the  department  regarding  recipients'
 medical records; and
   (viii)  assuring  that no request for an increase in amount of author-
 ized services or for an exemption from utilization thresholds  shall  be
 denied  unless  the  request  is first reviewed by a health care profes-
 sional possessing appropriate clinical expertise.
   4.] The utilization [thresholds] REVIEW established pursuant  to  this
 section  shall not apply to [mental retardation and] developmental disa-
 bilities services provided in clinics certified  under  article  twenty-
 eight  of  the public health law, or article twenty-two or article thir-
 ty-one of the mental hygiene law.
   [5.] 4. Utilization [thresholds] REVIEW established pursuant  to  this
 section  shall  not  apply  to services, even though such services might
 otherwise be subject to utilization [thresholds] REVIEW,  when  provided
 as follows:
   (a) through a managed care program;
   (b) subject to prior approval or prior authorization;
   (c) as family planning services;
   (d) as methadone maintenance services;
   (e) on  a  fee-for-services  basis to in-patients in general hospitals
 certified under article twenty-eight of the public health law or article
 thirty-one of the mental hygiene law and residential health care facili-
 ties, with the exception of podiatrists' services;
   (f) for hemodialysis;
   (g) through or by referral from  a  preferred  primary  care  provider
 designated  pursuant  to  subdivision  twelve  of  section  twenty-eight
 hundred seven of the public health law;
   (h) pursuant to a court order; or
   (i) as a condition  of  eligibility  for  any  other  public  program,
 including but not limited to public assistance.
   [6.]  5.  The department shall consult with representatives of medical
 assistance providers, social services districts, voluntary organizations
 that represent or advocate on behalf of  recipients,  the  managed  care
 advisory  council  and other state agencies regarding the ongoing opera-
 tion of a utilization [threshold] REVIEW system.
   [7.] 6. On or before February first, nineteen hundred ninety-two,  the
 commissioner  shall  submit  to the governor, the temporary president of
 the senate and the speaker of the assembly a report detailing the imple-
 mentation of  the  utilization  threshold  program  and  evaluating  the
 results  of  establishing  utilization  thresholds.    Such report shall
 include, but need not be limited to, a description  of  the  program  as
 implemented;  the  number of requests for increases in service above the
 threshold amounts by provider and type of service; the number of  exten-
 sions  grante