Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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May 03, 2023 |
signed chap.57 |
May 02, 2023 |
delivered to governor |
May 01, 2023 |
returned to senate passed assembly message of necessity - 3 day message ordered to third reading rules cal.126 substituted for a3007c referred to ways and means delivered to assembly passed senate message of necessity - 3 day message ordered to third reading cal.717 |
Apr 30, 2023 |
print number 4007c |
Apr 30, 2023 |
amend (t) and recommit to finance |
Mar 14, 2023 |
print number 4007b |
Mar 14, 2023 |
amend (t) and recommit to finance |
Mar 06, 2023 |
print number 4007a |
Mar 06, 2023 |
amend (t) and recommit to finance |
Feb 01, 2023 |
referred to finance |
Senate Bill S4007B
Signed By Governor2023-2024 Legislative Session
Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2023-2024 state fiscal year
download bill text pdfSponsored By
There are no sponsors of this bill.
Current Bill Status - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: May 1, 2023
aye (41)- Addabbo Jr.
- Bailey
- Breslin
- Brisport
- Brouk
- Chu
- Cleare
- Comrie
- Cooney
- Felder
- Fernandez
- Gianaris
- Gonzalez
- Gounardes
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kavanagh
- Kennedy
- Krueger
- Liu
- Mannion
- Martinez
- May
- Mayer
- Myrie
- Persaud
- Ramos
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Scarcella-Spanton
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
- Webb
nay (21)excused (1)
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May 1, 2023 - Finance Committee Vote
S4007B14Aye6Nay0Aye with Reservations2Absent0Excused0Abstained -
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Bill Amendments
2023-S4007 - Details
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2023-S4007 - Summary
Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2023-2024 state fiscal year; relates to the year to year rate of growth of Department of Health state funds and Medicaid funding, relating to the state Medicaid spending cap and related processes (Part A); extends various provisions of laws relating to the provision of health care services, administration and programs (Part B); extends certain provisions of law relating to the health care reform act
2023-S4007 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 4007 A. 3007 S E N A T E - A S S E M B L Y February 1, 2023 ___________ 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 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, in relation to known and projected department of health state fund medicaid expenditures (Part A); to amend chapter 451 of the laws of 2007, amending the public health law, the social services law and the insurance law relating to providing enhanced consumer and provider protections, in relation to the effec- tiveness of certain provisions relating to contracts between plans, insurers, or corporations and hospitals; to amend part C of chapter 58 of the laws of 2007, amending the social services law and other laws relating to adjustments of rates, in relation to the effectiveness of certain provisions relating to the amount of income to be applied toward the cost of medical care, services and supplies of institution- alized spouses; to amend chapter 906 of the laws of 1984, amending the social services law relating to expanding medical assistance eligibil- ity and the scope of services available to certain persons with disa- bilities, in relation to the effectiveness thereof; to amend the social services law, in relation to the age of eligibility for home and community-based services waivers; to amend chapter 313 of the laws of 2018, amending the public health law relating to body imaging scan- ning equipment, in relation to the effectiveness thereof; to amend chapter 426 of the laws of 1983, amending the public health law relat- ing to professional misconduct proceedings, in relation to the effec- tiveness of certain provisions thereof; to amend chapter 582 of the laws of 1984, amending the public health law relating to regulating activities of physicians, in relation to the effectiveness of certain provisions thereof; to amend the public health law, in relation to extending the demonstration period in certain physician committees; to amend chapter 505 of the laws of 1995, amending the public health law relating to the operation of department of health facilities, in EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12571-01-3 S. 4007 2 A. 3007 relation to the effectiveness thereof; to amend the public health law, in relation to reimbursement rate promulgation for residential health care facilities; to amend the public health law, in relation to certi- fied home health agency services payments; to amend chapter 19 of the laws of 1998, amending the social services law relating to limiting the method of payment for prescription drugs under the medical assist- ance program, in relation to the effectiveness thereof; to amend the public health law, in relation to continuing nursing home upper payment limit payments; to amend chapter 904 of the laws of 1984, amending the public health law and the social services law relating to encouraging comprehensive health services, in relation to the effec- tiveness thereof; to amend part X2 of chapter 62 of the laws of 2003, amending the public health law relating to allowing for the use of funds of the office of professional medical conduct for activities of the patient health information and quality improvement act of 2000, in relation to the effectiveness of certain provisions relating to increasing information available to patients; to amend part H of chap- ter 59 of the laws of 2011, amending the public health law relating to the statewide health information network of New York and the statewide planning and research cooperative system and general powers and duties, in relation to making certain provisions permanent; to amend part A of chapter 58 of the laws of 2008, amending the elder law and other laws relating to reimbursement to participating provider pharma- cies and prescription drug coverage, in relation to extending the expiration of certain provisions thereof; to amend chapter 474 of the laws of 1996, amending the education law and other laws relating to rates for residential health care facilities, in relation to extending the effectiveness of certain provisions thereof; to amend chapter 81 of the laws of 1995, amending the public health law and other laws relating to medical reimbursement and welfare reform, in relation to extending the effectiveness of certain provisions thereof; to amend the social services law, in relation to the effectiveness of certain provisions relating to negotiation of supplemental rebates relating to medication assisted treatment; to amend part B of chapter 57 of the laws of 2015, amending the social services law and other laws relating to supplemental rebates, in relation to the effectiveness thereof; to amend part KK of chapter 56 of the laws of 2020, amending the public health law relating to the designation of statewide general hospital quality and sole community pools and the reduction of capital related inpatient expenses, in relation to the effectiveness thereof; to amend part C of chapter 60 of the laws of 2014, amending the social services law relating to fair hearings within the Fully Integrated Duals Advan- tage program, in relation to the effectiveness thereof; to amend chap- ter 779 of the laws of 1986, amending the social services law relating to authorizing services for non-residents in adult homes, residences for adults and enriched housing programs, in relation to extending the effectiveness of certain provisions thereof; to amend chapter 884 of the laws of 1990, amending the public health law relating to authoriz- ing bad debt and charity care allowances for certified home health agencies, in relation to extending the provisions thereof; to amend chapter 81 of the laws of 1995, amending the public health law and other laws relating to medical reimbursement and welfare reform, in relation to the effectiveness thereof; to amend part A of chapter 56 of the laws of 2013, amending chapter 59 of the laws of 2011 amending the public health law and other laws relating to general hospital reimbursement for annual rates, in relation to extending government S. 4007 3 A. 3007 rates for behavioral services and adding an alternative payment meth- odology requirement; and to amend the public health law, in relation to residential health care facility assessments; and to amend part MM of chapter 57 of the laws of 2021 amending the public health law relating to aiding in the transition to adulthood for children with medical fragility living in pediatric nursing homes and other settings, in relation to the effectiveness thereof (Part B); to amend part A3 of chapter 62 of the laws of 2003 amending the general busi- ness law and other laws relating to enacting major components neces- sary to implement the state fiscal plan for the 2003-04 state fiscal year, in relation to extending the effectiveness of provisions there- of; to amend the New York Health Care Reform Act of 1996, in relation to extending certain provisions relating thereto; to amend the New York Health Care Reform Act of 2000, in relation to extending the effectiveness of provisions thereof; to amend the public health law, in relation to extending certain provisions relating to the distrib- ution of pool allocations and graduate medical education; to amend the public health law, in relation to extending certain provisions relat- ing to health care initiative pool distributions; to amend the social services law, in relation to extending payment provisions for general hospitals; and to amend the public health law, in relation to extend- ing certain provisions relating to the assessments on covered lives (Part C); to amend the social services law, in relation to copayments for drugs; 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 D); to amend the public health law, in relation to amending and extending the voluntary indigent care pool; in relation to establishing the defi- nition of rural emergency hospital; and in relation to expanding eligibility for vital access provider assurance program funding; and to amend Part I of chapter 57 of the laws of 2022 relating to provid- ing a five percent across the board payment increase to all qualifying fee-for-service Medicaid rates, in relation to Medicaid payments made for the operating component of hospital inpatient services (Part E); to amend chapter 266 of the laws of 1986 amending the civil practice law and rules and other laws relating to malpractice and profes- sional medical conduct, in relation to extending the effectiveness of certain provisions thereof; 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, 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 F); to amend the elder law, in relation to programs for the aging (Part G); to amend section 5 of part AAA of chapter 56 of the laws of 2022, amending the social services law relating to expanding Medicaid eligibility requirements for seniors and disabled individuals, in relation to the effectiveness of the basic health plan program; to amend the social services law, in relation to enacting the 1332 state innovation program; and to amend the state finance law, in relation to establishing the 1332 state innovation program fund (Part H); to amend the public health law, in relation to extending authority to enroll certain recipients in need of more than 120 days of community based-long term care in a managed S. 4007 4 A. 3007 long term care plan; to amend the public health law, in relation to extending the moratorium on the processing and approval of applica- tions seeking a certificate of authority as a managed long term care plan, setting performance standards for managed long term care plans and granting the commissioner of health the authority to procure in the event the department of health determines that a sufficient number of managed long term care plans have not met the enhanced performance standards; to amend the social services law, in relation to fiscal intermediaries; to amend part I of chapter 57 of the laws of 2022 providing a one percent across the board payment increase to all qual- ifying fee-for-service Medicaid rates, in relation to providing an additional increase to all qualifying fee-for-service Medicaid rates for the operating component of residential health care facilities services and an additional increase to all qualifying fee-for-service Medicaid rates for the operating component of assisted living programs; to amend the public health law, in relation to home care worker wage parity; 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 medical expenditures, in relation to extending the provisions thereof; to repeal certain provisions of the social services law relating to the consumer directed personal assistance program; to amend the public health law, in relation to establishing the state supplemental premium assistance for consumer directed personal assistants; and to amend the state finance law, in relation to creating the CDPAP supplemental premium assistance fund (Part I); to amend the insurance law and the public health law, in relation to insurer, organization, or corporation review of certain documentation for certain claims (Part J); to amend the social services law, in relation to authorizing Medicaid eligibil- ity for certain services provided to individuals who are in a correc- tional institution, and for certain services provided to individuals who are in an institution for mental disease (Part K); to amend the insurance law, in relation to site of service review and coverage for services provided at hospital-based outpatient clinics (Part L); to amend the public health law, in relation to streamlining and adding criteria to the certificate of need process and to review and over- sight of material transactions (Part M); to amend the social services law, in relation to expanding the Medicaid Buy-In program for people with disabilities (Part N); to amend the public health law, in relation to prohibiting the sale or distribution of flavored tobacco products (Part O); to amend the public health law, in relation to establishing a new statewide health care transformative program (Part P); to amend the social services law, in relation to establishing Medicaid reimbursement for community health workers (CHWs) for high- risk populations; and to amend the public health law, in relation to permitting licensed mental health counselors and licensed marriage and family therapists in community health centers to be reimbursed (Part Q); to amend the social services law and the public health law, in relation to expanding Medicaid coverage of preventative health care services (Part R); to amend the public health law and the education law, in relation to modernizing the state of New York's emergency medical system and workforce; and to repeal certain sections of the public health law relating thereto (Part S); to amend the public health law, in relation to lead testing in certain multiple dwellings; and to amend the executive law, in relation to expanding the powers of the secretary of state with respect to the New York state uniform fire S. 4007 5 A. 3007 prevention and building code (Part T); to amend the general business law, in relation to safeguarding abortion access through data privacy protection (Part U); to amend the education law, in relation to authorizing licensed pharmacists to prescribe and order self-adminis- tered hormonal contraceptives and emergency contraceptive drug therapy in accordance with standardized procedures or protocols developed and approved by the board of pharmacy (Part V); to amend the education law, in relation to the provision of HIV pre-exposure prophylaxis; to amend the public health law and the education law, in relation to the administration of COVID-19 and influenza tests; to amend part C of chapter 57 of the laws of 2022 amending the public health law and the education law relating to allowing pharmacists to direct limited service laboratories and order and administer COVID-19 and influenza tests and modernizing nurse practitioners, in relation to the effec- tiveness thereof; to amend the education law and the social services law, in relation to the scope of practice of nurses and pharmacists; to amend the education law, in relation to authorizing dentists to offer HIV and hepatitis C screening and diagnostic tests; to amend the education law and the public health law, in relation to the scope of practice of physician assistants; to amend chapter 471 of the laws of 2016 amending the education law and the public health law relating to authorizing certain advanced home health aides to perform certain advanced tasks, in relation to the effectiveness thereof; to amend the education law, in relation to the scope of practice of medication aides; to amend the education law, in relation to enacting the inter- state medical licensure compact; to amend the education law, in relation to enacting the nurse licensure compact; and providing for the repeal of certain provisions upon the expiration thereof (Part W); to amend the public health law, in relation to providing for the registration of temporary health care services agencies (Part X); to amend the civil practice law and rules and the judiciary law, in relation to affidavits for medical debt actions (Subpart A); to amend the insurance law, in relation to prescription drug price and supply chain transparency; and to amend the state finance law, in relation to funds deposited in the pharmacy benefit manager regulatory fund (Subpart B); to amend the public health law, in relation to requiring hospitals participating in the general hospital indigent care pool to use certain forms for the collection of medical debt (Subpart C); and to amend the insurance law, in relation to guaranty fund coverage for insurers writing health insurance (Subpart D) (Part Y); to amend the public health law and the social services law, in relation to quality improvement and increased consumer transparency in assisted living residences (Part Z); to amend the public health law, in relation to hepatitis C screening and requiring third trimester syphilis testing; and to amend chapter 425 of the laws of 2013 amending the public health law relating to requiring hospitals to offer hepatitis C test- ing, in relation to making such provisions permanent (Part AA); to amend the public health law, in relation to adding certain fentanyl analogs to the schedules of controlled substances; to amend the public health law, in relation to the definition of "imitation controlled substance"; to amend the penal law and the criminal procedure law, in relation to criminal possession and sale of imitation controlled substances; and to repeal certain provisions of the public health law relating thereto (Part BB); to amend the public health law, the state finance law, the civil practice law and rules, the limited liability company law, the partnership law, the correction law, the education S. 4007 6 A. 3007 law, the executive law, the mental hygiene law, the penal law, the surrogate's court procedure act, the social services law, the workers' compensation law, the cannabis law, the county law, the general busi- ness law, the insurance law, the labor law, the criminal procedure law, the business corporation law, the vehicle and traffic law, the administrative code of the city of New York, the military law, and the tax law, in relation to repealing articles governing healthcare professions in the education law and adding such provisions to the public health law and transferring all functions, powers, duties and obligations relating thereto; to repeal certain provisions of the education law relating thereto; and to repeal certain provisions of the public health law relating thereto (Part CC); in relation to establishing a cost of living adjustment for designated human services programs (Part DD); to amend part A of chapter 56 of the laws of 2013, amending the social services law and other laws relating to enacting the major components of legislation necessary to implement the health and mental hygiene budget for the 2013-2014 state fiscal year, in relation to the effectiveness of certain provisions thereof (Part EE); to amend the education law, in relation to expanding the description of certain services which are not prohibited by statutes governing the practice of nursing (Part FF); to amend the mental hygiene law and the education law, in relation to credentialing qualified mental health associates (Part GG); to amend the mental hygiene law, in relation to certified community behavioral health clinics (Part HH); to amend the insurance law and the financial services law, in relation to insurance coverage for behavioral health services (Subpart A); to amend the insurance law and the public health law, in relation to utilization review standards for mental health services (Subpart B); to amend the insurance law and the public health law, in relation to telehealth payment parity (Subpart C); to amend the insurance law, in relation to private rights of action (Subpart D); to amend the insur- ance law, in relation to substance use disorder treatment (Subpart E); and to amend the insurance law and the public health law, in relation to network adequacy for mental health and substance use disorder services (Subpart F) (Part II); and to amend the mental hygiene law, in relation to the imposition of sanctions by the commissioner of mental health (Part JJ) 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 2023-2024 state fiscal year. Each component is wholly contained within a Part identified as Parts A through JJ. 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. 4007 7 A. 3007 Section 1. 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 general hospital reimbursement for annual rates, as amended by section 2 of part H of chapter 57 of the laws of 2022, is amended to read as follows: (a) For state fiscal years 2011-12 through [2023-24] 2024-25, 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. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2023. PART B Section 1. Subdivision 1 of section 20 of chapter 451 of the laws of 2007 amending the public health law, the social services law and the insurance law relating to providing enhanced consumer and provider protections, as amended by chapter 181 of the laws of 2021, is amended to read as follows: 1. sections four, eleven and thirteen of this act shall take effect immediately and shall expire and be deemed repealed June 30, [2023] 2025; § 2. Subdivision 6-a of section 93 of part C of chapter 58 of the laws of 2007, amending the social services law and other laws relating to adjustments of rates, as amended by section 2 of part T of chapter 57 of the laws of 2018, is amended to read as follows: 6-a. section fifty-seven of this act shall expire and be deemed repealed [on March 31, 2023] MARCH 31, 2028; provided that the amend- ments made by such section to subdivision 4 of section 366-c of the social services law shall apply with respect to determining initial and continuing eligibility for medical assistance, including the continued eligibility of recipients originally determined eligible prior to the effective date of this act, and provided further that such amendments shall not apply to any person or group of persons if it is subsequently determined by the Centers for Medicare and Medicaid services or by a court of competent jurisdiction that medical assistance with federal financial participation is available for the costs of services provided to such person or persons under the provisions of subdivision 4 of section 366-c of the social services law in effect immediately prior to the effective date of this act. § 3. Section 3 of chapter 906 of the laws of 1984, amending the social services law relating to expanding medical assistance eligibility and the scope of services available to certain persons with disabilities, as amended by section 4 of part T of chapter 57 of the laws of 2018, is amended to read as follows: § 3. This act shall take effect on the thirtieth day after it shall have become a law and shall be of no further force and effect after [March 31, 2023] MARCH 31, 2028, at which time the provisions of this act shall be deemed to be repealed. § 4. Subparagraph (i) of paragraph b of subdivision 6 of section 366 of the social services law, as amended by chapter 389 of the laws of 2008, is amended to read as follows: (i) be [eighteen] TWENTY-ONE years of age or under; S. 4007 8 A. 3007 § 5. Subparagraph (i) 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: (i) be [eighteen] TWENTY-ONE years of age or under; § 6. Subparagraph (i) 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: (i) be under [eighteen] TWENTY-ONE years of age; § 7. Section 2 of chapter 313 of the laws of 2018, amending the public health law relating to body imaging scanning equipment, is amended to read as follows: § 2. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however, that, effective imme- diately, the addition, amendment, and/or repeal of any rules and regu- lations necessary to implement the provisions of this act on its effec- tive date are directed to be completed on or before such effective date; and provided further, that this act shall expire and be deemed repealed [five years after such effective date] JANUARY 30, 2029. § 8. Section 5 of chapter 426 of the laws of 1983, amending the public health law relating to professional misconduct proceedings, as amended by chapter 106 of the laws of 2018, is amended to read as follows: § 5. This act shall take effect June 1, 1983 and shall remain in full force and effect until July 1, [2023] 2033. § 9. Section 5 of chapter 582 of the laws of 1984, amending the public health law relating to regulating activities of physicians, as amended by chapter 106 of the laws of 2018, is amended to read as follows: § 5. This act shall take effect immediately, provided however that the provisions of this act shall remain in full force and effect until July 1, [2023] 2033 at which time the provisions of this act shall be deemed to be repealed. § 10. Subparagraph (ii) of paragraph (c) of subdivision 11 of section 230 of the public health law, as amended by chapter 106 of the laws of 2018, is amended to read as follows: (ii) Participation and membership during a three year demonstration period in a physician committee of the Medical Society of the State of New York or the New York State Osteopathic Society whose purpose is to confront and refer to treatment physicians who are thought to be suffer- ing from alcoholism, drug abuse, or mental illness. Such demonstration period shall commence on April first, nineteen hundred eighty and termi- nate on May thirty-first, nineteen hundred eighty-three. An additional demonstration period shall commence on June first, nineteen hundred eighty-three and terminate on March thirty-first, nineteen hundred eighty-six. An additional demonstration period shall commence on April first, nineteen hundred eighty-six and terminate on March thirty-first, nineteen hundred eighty-nine. An additional demonstration period shall commence April first, nineteen hundred eighty-nine and terminate March thirty-first, nineteen hundred ninety-two. An additional demonstration period shall commence April first, nineteen hundred ninety-two and terminate March thirty-first, nineteen hundred ninety-five. An addi- tional demonstration period shall commence on April first, nineteen hundred ninety-five and terminate on March thirty-first, nineteen hundred ninety-eight. An additional demonstration period shall commence on April first, nineteen hundred ninety-eight and terminate on March thirty-first, two thousand three. An additional demonstration period shall commence on April first, two thousand three and terminate on March thirty-first, two thousand thirteen. An additional demonstration period S. 4007 9 A. 3007 shall commence April first, two thousand thirteen and terminate on March thirty-first, two thousand eighteen. An additional demonstration period shall commence April first, two thousand eighteen and terminate on July first, two thousand [twenty-three] THIRTY-THREE provided, however, that the commissioner may prescribe requirements for the continuation of such demonstration program, including periodic reviews of such programs and submission of any reports and data necessary to permit such reviews. During these additional periods, the provisions of this subparagraph shall also apply to a physician committee of a county medical society. § 11. Section 4 of chapter 505 of the laws of 1995, amending the public health law relating to the operation of department of health facilities, as amended by section 1 of part E of chapter 57 of the laws of 2019, is amended to read as follows: § 4. This act shall take effect immediately; provided, however, that the provisions of paragraph (b) of subdivision 4 of section 409-c of the public health law, as added by section three of this act, shall take effect January 1, 1996 and shall expire and be deemed repealed [twenty- eight years from the effective date thereof] MARCH 31, 2028. § 12. Paragraph (b) of subdivision 17 of section 2808 of the public health law, as amended by section 15 of part E of chapter 57 of the laws of 2019, is amended to read as follows: (b) Notwithstanding any inconsistent provision of law or regulation to the contrary, for the state fiscal years beginning April first, two thousand ten and ending March thirty-first, two thousand [twenty-three] TWENTY-SEVEN, the commissioner shall not be required to revise certified rates of payment established pursuant to this article for rate periods prior to April first, two thousand [twenty-three] TWENTY-SEVEN, based on consideration of rate appeals filed by residential health care facili- ties or based upon adjustments to capital cost reimbursement as a result of approval by the commissioner of an application for construction under section twenty-eight hundred two of this article, in excess of an aggre- gate annual amount of eighty million dollars for each such state fiscal year provided, however, that for the period April first, two thousand eleven through March thirty-first, two thousand twelve such aggregate annual amount shall be fifty million dollars. In revising such rates within such fiscal limit, the commissioner shall, in prioritizing such rate appeals, include consideration of which facilities the commissioner determines are facing significant financial hardship as well as such other considerations as the commissioner deems appropriate and, further, the commissioner is authorized to enter into agreements with such facil- ities or any other facility to resolve multiple pending rate appeals based upon a negotiated aggregate amount and may offset such negotiated aggregate amounts against any amounts owed by the facility to the department, including, but not limited to, amounts owed pursuant to section twenty-eight hundred seven-d of this article; provided, however, that the commissioner's authority to negotiate such agreements resolving multiple pending rate appeals as hereinbefore described shall continue on and after April first, two thousand [twenty-three] TWENTY-SEVEN. Rate adjustments made pursuant to this paragraph remain fully subject to approval by the director of the budget in accordance with the provisions of subdivision two of section twenty-eight hundred seven of this arti- cle. § 13. Paragraph (a) of subdivision 13 of section 3614 of the public health law, as amended by section 16 of part E of chapter 57 of the laws of 2019, is amended to read as follows: S. 4007 10 A. 3007 (a) Notwithstanding any inconsistent provision of law or regulation and subject to the availability of federal financial participation, effective April first, two thousand twelve through March thirty-first, two thousand [twenty-three] TWENTY-SEVEN, payments by government agen- cies for services provided by certified home health agencies, except for such services provided to children under eighteen years of age and other discreet groups as may be determined by the commissioner pursuant to regulations, shall be based on episodic payments. In establishing such payments, a statewide base price shall be established for each sixty day episode of care and adjusted by a regional wage index factor and an individual patient case mix index. Such episodic payments may be further adjusted for low utilization cases and to reflect a percentage limita- tion of the cost for high-utilization cases that exceed outlier thresh- olds of such payments. § 14. Section 4 of chapter 19 of the laws of 1998, amending the social services law relating to limiting the method of payment for prescription drugs under the medical assistance program, as amended by section 2 of part BB of chapter 56 of the laws of 2020, is amended to read as follows: § 4. This act shall take effect 120 days after it shall have become a law and shall expire and be deemed repealed March 31, [2023] 2026. § 15. Paragraph (e-1) of subdivision 12 of section 2808 of the public health law, as amended by section 3 of part BB of chapter 56 of the laws of 2020, is amended to read as follows: (e-1) Notwithstanding any inconsistent provision of law or regulation, the commissioner shall provide, in addition to payments established pursuant to this article prior to application of this section, addi- tional payments under the medical assistance program pursuant to title eleven of article five of the social services law for non-state operated public residential health care facilities, including public residential health care facilities located in the county of Nassau, the county of Westchester and the county of Erie, but excluding public residential health care facilities operated by a town or city within a county, in aggregate annual amounts of up to one hundred fifty million dollars in additional payments for the state fiscal year beginning April first, two thousand six and for the state fiscal year beginning April first, two thousand seven and for the state fiscal year beginning April first, two thousand eight and of up to three hundred million dollars in such aggre- gate annual additional payments for the state fiscal year beginning April first, two thousand nine, and for the state fiscal year beginning April first, two thousand ten and for the state fiscal year beginning April first, two thousand eleven, and for the state fiscal years begin- ning April first, two thousand twelve and April first, two thousand thirteen, and of up to five hundred million dollars in such aggregate annual additional payments for the state fiscal years beginning April first, two thousand fourteen, April first, two thousand fifteen and April first, two thousand sixteen and of up to five hundred million dollars in such aggregate annual additional payments for the state fiscal years beginning April first, two thousand seventeen, April first, two thousand eighteen, and April first, two thousand nineteen, and of up to five hundred million dollars in such aggregate annual additional payments for the state fiscal years beginning April first, two thousand twenty, April first, two thousand twenty-one, and April first, two thou- sand twenty-two, AND OF UP TO FIVE HUNDRED MILLION DOLLARS IN SUCH AGGREGATE ANNUAL ADDITIONAL PAYMENTS FOR THE STATE FISCAL YEARS BEGIN- NING APRIL FIRST, TWO THOUSAND TWENTY-THREE, APRIL FIRST, TWO THOUSAND S. 4007 11 A. 3007 TWENTY-FOUR, AND APRIL FIRST, TWO THOUSAND TWENTY-FIVE. The amount allo- cated to each eligible public residential health care facility for this period shall be computed in accordance with the provisions of paragraph (f) of this subdivision, provided, however, that patient days shall be utilized for such computation reflecting actual reported data for two thousand three and each representative succeeding year as applicable, and provided further, however, that, in consultation with impacted providers, of the funds allocated for distribution in the state fiscal year beginning April first, two thousand thirteen, up to thirty-two million dollars may be allocated in accordance with paragraph (f-1) of this subdivision. § 16. Section 18 of chapter 904 of the laws of 1984, amending the public health law and the social services law relating to encouraging comprehensive health services, as amended by section 4 of part BB of chapter 56 of the laws of 2020, is amended to read as follows: § 18. This act shall take effect immediately, except that sections six, nine, ten and eleven of this act shall take effect on the sixtieth day after it shall have become a law, sections two, three, four and nine of this act shall expire and be of no further force or effect on or after March 31, [2023] 2026, section two of this act shall take effect on April 1, 1985 or seventy-five days following the submission of the report required by section one of this act, whichever is later, and sections eleven and thirteen of this act shall expire and be of no further force or effect on or after March 31, 1988. § 17. Section 4 of part X2 of chapter 62 of the laws of 2003, amending the public health law relating to allowing for the use of funds of the office of professional medical conduct for activities of the patient health information and quality improvement act of 2000, as amended by section 5 of part BB of chapter 56 of the laws of 2020, is amended to read as follows: § 4. This act shall take effect immediately[; provided that the provisions of section one of this act shall be deemed to have been in full force and effect on and after April 1, 2003, and shall expire March 31, 2023 when upon such date the provisions of such section shall be deemed repealed]. § 18. Subdivision (o) of section 111 of part H of chapter 59 of the laws of 2011, amending the public health law relating to the statewide health information network of New York and the statewide planning and research cooperative system and general powers and duties, as amended by section 6 of part BB of chapter 56 of the laws of 2020, is amended to read as follows: [(o) sections thirty-eight and thirty-eight-a of this act shall expire and be deemed repealed March 31, 2023;] § 19. Section 32 of part A of chapter 58 of the laws of 2008, amending the elder law and other laws relating to reimbursement to participating provider pharmacies and prescription drug coverage, as amended by section 7 of part BB of chapter 56 of the laws of 2020, is amended to read as follows: § 32. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2008; provided however, that sections one, six-a, nineteen, twenty, twenty-four, and twenty-five of this act shall take effect July 1, 2008; provided however that sections sixteen, seventeen and eighteen of this act shall expire April 1, [2023] 2026; provided, however, that the amendments made by section twenty-eight of this act shall take effect on the same date as section 1 of chapter 281 of the laws of 2007 takes effect; provided S. 4007 12 A. 3007 further, that sections twenty-nine, thirty, and thirty-one of this act shall take effect October 1, 2008; provided further, that section twen- ty-seven of this act shall take effect January 1, 2009; and provided further, that section twenty-seven of this act shall expire and be deemed repealed March 31, [2023] 2026; and provided, further, however, that the amendments to subdivision 1 of section 241 of the education law made by section twenty-nine of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith and provided that the amendments to section 272 of the public health law made by section thirty of this act shall not affect the repeal of such section and shall be deemed repealed therewith. § 20. Section 228 of chapter 474 of the laws of 1996, amending the education law and other laws relating to rates for residential health care facilities, as amended by section 12 of part BB of chapter 56 of the laws of 2020, is amended to read as follows: § 228. 1. Definitions. (a) Regions, for purposes of this section, shall mean a downstate region to consist of Kings, New York, Richmond, Queens, Bronx, Nassau and Suffolk counties and an upstate region to consist of all other New York state counties. A certified home health agency or long term home health care program shall be located in the same county utilized by the commissioner of health for the establishment of rates pursuant to article 36 of the public health law. (b) Certified home health agency (CHHA) shall mean such term as defined in section 3602 of the public health law. (c) Long term home health care program (LTHHCP) shall mean such term as defined in subdivision 8 of section 3602 of the public health law. (d) Regional group shall mean all those CHHAs and LTHHCPs, respective- ly, located within a region. (e) Medicaid revenue percentage, for purposes of this section, shall mean CHHA and LTHHCP revenues attributable to services provided to persons eligible for payments pursuant to title 11 of article 5 of the social services law divided by such revenues plus CHHA and LTHHCP reven- ues attributable to services provided to beneficiaries of Title XVIII of the federal social security act (medicare). (f) Base period, for purposes of this section, shall mean calendar year 1995. (g) Target period. For purposes of this section, the 1996 target peri- od shall mean August 1, 1996 through March 31, 1997, the 1997 target period shall mean January 1, 1997 through November 30, 1997, the 1998 target period shall mean January 1, 1998 through November 30, 1998, the 1999 target period shall mean January 1, 1999 through November 30, 1999, the 2000 target period shall mean January 1, 2000 through November 30, 2000, the 2001 target period shall mean January 1, 2001 through November 30, 2001, the 2002 target period shall mean January 1, 2002 through November 30, 2002, the 2003 target period shall mean January 1, 2003 through November 30, 2003, the 2004 target period shall mean January 1, 2004 through November 30, 2004, and the 2005 target period shall mean January 1, 2005 through November 30, 2005, the 2006 target period shall mean January 1, 2006 through November 30, 2006, and the 2007 target period shall mean January 1, 2007 through November 30, 2007 and the 2008 target period shall mean January 1, 2008 through November 30, 2008, and the 2009 target period shall mean January 1, 2009 through November 30, 2009 and the 2010 target period shall mean January 1, 2010 through November 30, 2010 and the 2011 target period shall mean January 1, 2011 through November 30, 2011 and the 2012 target period shall mean January 1, 2012 through November 30, 2012 and the 2013 target period shall mean S. 4007 13 A. 3007 January 1, 2013 through November 30, 2013, and the 2014 target period shall mean January 1, 2014 through November 30, 2014 and the 2015 target period shall mean January 1, 2015 through November 30, 2015 and the 2016 target period shall mean January 1, 2016 through November 30, 2016 and the 2017 target period shall mean January 1, 2017 through November 30, 2017 and the 2018 target period shall mean January 1, 2018 through November 30, 2018 and the 2019 target period shall mean January 1, 2019 through November 30, 2019 and the 2020 target period shall mean January 1, 2020 through November 30, 2020[,] and the 2021 target period shall mean January 1, 2021 through November 30, 2021 and the 2022 target peri- od shall mean January 1, 2022 through November 30, 2022 and the 2023 target period shall mean January 1, 2023 through November 30, 2023 AND THE 2024 TARGET PERIOD SHALL MEAN JANUARY 1, 2024 THROUGH NOVEMBER 30, 2024 AND THE 2025 TARGET PERIOD SHALL MEAN JANUARY 1, 2025 THROUGH NOVEMBER 30, 2025 AND THE 2026 TARGET PERIOD SHALL MEAN JANUARY 1, 2026 THROUGH NOVEMBER 30, 2026 AND THE 2027 TARGET PERIOD SHALL MEAN JANUARY 1, 2027 THROUGH NOVEMBER 30, 2027. 2. (a) Prior to February 1, 1997, for each regional group the commis- sioner of health shall calculate the 1996 medicaid revenue percentages for the period commencing August 1, 1996 to the last date for which such data is available and reasonably accurate. (b) Prior to February 1, 1998, prior to February 1, 1999, prior to February 1, 2000, prior to February 1, 2001, prior to February 1, 2002, prior to February 1, 2003, prior to February 1, 2004, prior to February 1, 2005, prior to February 1, 2006, prior to February 1, 2007, prior to February 1, 2008, prior to February 1, 2009, prior to February 1, 2010, prior to February 1, 2011, prior to February 1, 2012, prior to February 1, 2013, prior to February 1, 2014, prior to February 1, 2015, prior to February 1, 2016, prior to February 1, 2017, prior to February 1, 2018, prior to February 1, 2019, prior to February 1, 2020, prior to February 1, 2021, prior to February 1, 2022, [and] prior to February 1, 2023, PRIOR TO FEBRUARY 1, 2024, PRIOR TO FEBRUARY 1, 2025, PRIOR TO FEBRUARY 1, 2026 AND PRIOR TO FEBRUARY 1, 2027 for each regional group the commissioner of health shall calculate the prior year's medicaid revenue percentages for the period commencing January 1 through November 30 of such prior year. 3. By September 15, 1996, for each regional group the commissioner of health shall calculate the base period medicaid revenue percentage. 4. (a) For each regional group, the 1996 target medicaid revenue percentage shall be calculated by subtracting the 1996 medicaid revenue reduction percentages from the base period medicaid revenue percentages. The 1996 medicaid revenue reduction percentage, taking into account regional and program differences in utilization of medicaid and medicare services, for the following regional groups shall be equal to: (i) one and one-tenth percentage points for CHHAs located within the downstate region; (ii) six-tenths of one percentage point for CHHAs located within the upstate region; (iii) one and eight-tenths percentage points for LTHHCPs located with- in the downstate region; and (iv) one and seven-tenths percentage points for LTHHCPs located within the upstate region. (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 [and], 2023, 2024, 2025, 2026 AND 2027 for each regional group, the target medicaid revenue percentage for the respec- S. 4007 14 A. 3007 tive year shall be calculated by subtracting the respective year's medi- caid revenue reduction percentage from the base period medicaid revenue percentage. The medicaid revenue reduction percentages for 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 [and], 2023, 2024, 2025, 2026 AND 2027, taking into account regional and program differences in utilization of medicaid and medicare services, for the following regional groups shall be equal to for each such year: (i) one and one-tenth percentage points for CHHAs located within the downstate region; (ii) six-tenths of one percentage point for CHHAs located within the upstate region; (iii) one and eight-tenths percentage points for LTHHCPs located with- in the downstate region; and (iv) one and seven-tenths percentage points for LTHHCPs located within the upstate region. (c) For each regional group, the 1999 target medicaid revenue percent- age shall be calculated by subtracting the 1999 medicaid revenue reduction percentage from the base period medicaid revenue percentage. The 1999 medicaid revenue reduction percentages, taking into account regional and program differences in utilization of medicaid and medicare services, for the following regional groups shall be equal to: (i) eight hundred twenty-five thousandths (.825) of one percentage point for CHHAs located within the downstate region; (ii) forty-five hundredths (.45) of one percentage point for CHHAs located within the upstate region; (iii) one and thirty-five hundredths percentage points (1.35) for LTHHCPs located within the downstate region; and (iv) one and two hundred seventy-five thousandths percentage points (1.275) for LTHHCPs located within the upstate region. 5. (a) For each regional group, if the 1996 medicaid revenue percent- age is not equal to or less than the 1996 target medicaid revenue percentage, the commissioner of health shall compare the 1996 medicaid revenue percentage to the 1996 target medicaid revenue percentage to determine the amount of the shortfall which, when divided by the 1996 medicaid revenue reduction percentage, shall be called the 1996 reduction factor. These amounts, expressed as a percentage, shall not exceed one hundred percent. If the 1996 medicaid revenue percentage is equal to or less than the 1996 target medicaid revenue percentage, the 1996 reduction factor shall be zero. (b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 [and], 2023, 2024, 2025, 2026 AND 2027, for each regional group, if the medicaid revenue percentage for the respective year is not equal to or less than the target medicaid revenue percentage for such respective year, the commissioner of health shall compare such respective year's medicaid revenue percentage to such respective year's target medicaid revenue percentage to determine the amount of the short- fall which, when divided by the respective year's medicaid revenue reduction percentage, shall be called the reduction factor for such respective year. These amounts, expressed as a percentage, shall not exceed one hundred percent. If the medicaid revenue percentage for a particular year is equal to or less than the target medicaid revenue percentage for that year, the reduction factor for that year shall be zero. S. 4007 15 A. 3007 6. (a) For each regional group, the 1996 reduction factor shall be multiplied by the following amounts to determine each regional group's applicable 1996 state share reduction amount: (i) two million three hundred ninety thousand dollars ($2,390,000) for CHHAs located within the downstate region; (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located within the upstate region; (iii) one million two hundred seventy thousand dollars ($1,270,000) for LTHHCPs located within the downstate region; and (iv) five hundred ninety thousand dollars ($590,000) for LTHHCPs located within the upstate region. For each regional group reduction, if the 1996 reduction factor shall be zero, there shall be no 1996 state share reduction amount. (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 [and], 2023, 2024, 2025, 2026 AND 2027, for each regional group, the reduction factor for the respective year shall be multiplied by the following amounts to determine each regional group's applicable state share reduction amount for such respective year: (i) two million three hundred ninety thousand dollars ($2,390,000) for CHHAs located within the downstate region; (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located within the upstate region; (iii) one million two hundred seventy thousand dollars ($1,270,000) for LTHHCPs located within the downstate region; and (iv) five hundred ninety thousand dollars ($590,000) for LTHHCPs located within the upstate region. For each regional group reduction, if the reduction factor for a particular year shall be zero, there shall be no state share reduction amount for such year. (c) For each regional group, the 1999 reduction factor shall be multi- plied by the following amounts to determine each regional group's appli- cable 1999 state share reduction amount: (i) one million seven hundred ninety-two thousand five hundred dollars ($1,792,500) for CHHAs located within the downstate region; (ii) five hundred sixty-two thousand five hundred dollars ($562,500) for CHHAs located within the upstate region; (iii) nine hundred fifty-two thousand five hundred dollars ($952,500) for LTHHCPs located within the downstate region; and (iv) four hundred forty-two thousand five hundred dollars ($442,500) for LTHHCPs located within the upstate region. For each regional group reduction, if the 1999 reduction factor shall be zero, there shall be no 1999 state share reduction amount. 7. (a) For each regional group, the 1996 state share reduction amount shall be allocated by the commissioner of health among CHHAs and LTHHCPs on the basis of the extent of each CHHA's and LTHHCP's failure to achieve the 1996 target medicaid revenue percentage, calculated on a provider specific basis utilizing revenues for this purpose, expressed as a proportion of the total of each CHHA's and LTHHCP's failure to achieve the 1996 target medicaid revenue percentage within the applica- ble regional group. This proportion shall be multiplied by the applica- ble 1996 state share reduction amount calculation pursuant to paragraph (a) of subdivision 6 of this section. This amount shall be called the 1996 provider specific state share reduction amount. (b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, S. 4007 16 A. 3007 2019, 2020, 2021, 2022 [and], 2023, 2024, 2025, 2026 AND 2027 for each regional group, the state share reduction amount for the respective year shall be allocated by the commissioner of health among CHHAs and LTHHCPs on the basis of the extent of each CHHA's and LTHHCP's failure to achieve the target medicaid revenue percentage for the applicable year, calculated on a provider specific basis utilizing revenues for this purpose, expressed as a proportion of the total of each CHHA's and LTHHCP's failure to achieve the target medicaid revenue percentage for the applicable year within the applicable regional group. This propor- tion shall be multiplied by the applicable year's state share reduction amount calculation pursuant to paragraph (b) or (c) of subdivision 6 of this section. This amount shall be called the provider specific state share reduction amount for the applicable year. 8. (a) The 1996 provider specific state share reduction amount shall be due to the state from each CHHA and LTHHCP and may be recouped by the state by March 31, 1997 in a lump sum amount or amounts from payments due to the CHHA and LTHHCP pursuant to title 11 of article 5 of the social services law. (b) The provider specific state share reduction amount for 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 [and], 2023, 2024, 2025, 2026 AND 2027 respectively, shall be due to the state from each CHHA and LTHHCP and each year the amount due for such year may be recouped by the state by March 31 of the following year in a lump sum amount or amounts from payments due to the CHHA and LTHHCP pursuant to title 11 of article 5 of the social services law. 9. CHHAs and LTHHCPs shall submit such data and information at such times as the commissioner of health may require for purposes of this section. The commissioner of health may use data available from third- party payors. 10. On or about June 1, 1997, for each regional group the commissioner of health shall calculate for the period August 1, 1996 through March 31, 1997 a medicaid revenue percentage, a reduction factor, a state share reduction amount, and a provider specific state share reduction amount in accordance with the methodology provided in paragraph (a) of subdivision 2, paragraph (a) of subdivision 5, paragraph (a) of subdivi- sion 6 and paragraph (a) of subdivision 7 of this section. The provider specific state share reduction amount calculated in accordance with this subdivision shall be compared to the 1996 provider specific state share reduction amount calculated in accordance with paragraph (a) of subdivi- sion 7 of this section. Any amount in excess of the amount determined in accordance with paragraph (a) of subdivision 7 of this section shall be due to the state from each CHHA and LTHHCP and may be recouped in accordance with paragraph (a) of subdivision 8 of this section. If the amount is less than the amount determined in accordance with paragraph (a) of subdivision 7 of this section, the difference shall be refunded to the CHHA and LTHHCP by the state no later than July 15, 1997. CHHAs and LTHHCPs shall submit data for the period August 1, 1996 through March 31, 1997 to the commissioner of health by April 15, 1997. 11. If a CHHA or LTHHCP fails to submit data and information as required for purposes of this section: (a) such CHHA or LTHHCP shall be presumed to have no decrease in medi- caid revenue percentage between the applicable base period and the applicable target period for purposes of the calculations pursuant to this section; and S. 4007 17 A. 3007 (b) the commissioner of health shall reduce the current rate paid to such CHHA and such LTHHCP by state governmental agencies pursuant to article 36 of the public health law by one percent for a period begin- ning on the first day of the calendar month following the applicable due date as established by the commissioner of health and continuing until the last day of the calendar month in which the required data and infor- mation are submitted. 12. The commissioner of health shall inform in writing the director of the budget and the chair of the senate finance committee and the chair of the assembly ways and means committee of the results of the calcu- lations pursuant to this section. § 21. Paragraph (f) of subdivision 1 of section 64 of chapter 81 of the laws of 1995, amending the public health law and other laws relating to medical reimbursement and welfare reform, as amended by section 13 of part BB of chapter 56 of the laws of 2020, is amended to read as follows: (f) Prior to February 1, 2001, February 1, 2002, February 1, 2003, February 1, 2004, February 1, 2005, February 1, 2006, February 1, 2007, February 1, 2008, February 1, 2009, February 1, 2010, February 1, 2011, February 1, 2012, February 1, 2013, February 1, 2014, February 1, 2015, February 1, 2016, February 1, 2017, February 1, 2018, February 1, 2019, February 1, 2020, February 1, 2021, February 1, 2022 [and], February 1, 2023, FEBRUARY 1, 2024, FEBRUARY 1, 2025 AND FEBRUARY 1, 2026, the commissioner of health shall calculate the result of the statewide total of residential health care facility days of care provided to benefici- aries of title XVIII of the federal social security act (medicare), divided by the sum of such days of care plus days of care provided to residents eligible for payments pursuant to title 11 of article 5 of the social services law minus the number of days provided to residents receiving hospice care, expressed as a percentage, for the period commencing January 1, through November 30, of the prior year respective- ly, based on such data for such period. This value shall be called the 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 [and], 2023, 2024, 2025 AND 2026 statewide target percentage respectively. § 22. Subparagraph (ii) of paragraph (b) of subdivision 3 of section 64 of chapter 81 of the laws of 1995, amending the public health law and other laws relating to medical reimbursement and welfare reform, as amended by section 14 of part BB of chapter 56 of the laws of 2020, is amended to read as follows: (ii) If the 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 [and], 2023, 2024, 2025 AND 2026 statewide target percentages are not for each year at least three percentage points high- er than the statewide base percentage, the commissioner of health shall determine the percentage by which the statewide target percentage for each year is not at least three percentage points higher than the state- wide base percentage. The percentage calculated pursuant to this para- graph shall be called the 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 [and], 2023, 2024, 2025 AND 2026 statewide reduction percentage respectively. If the 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 [and], 2023, 2024, 2025 AND 2026 statewide target percentage for the respective year is at least three percentage points higher than the statewide base S. 4007 18 A. 3007 percentage, the statewide reduction percentage for the respective year shall be zero. § 23. Subparagraph (iii) of paragraph (b) of subdivision 4 of section 64 of chapter 81 of the laws of 1995, amending the public health law and other laws relating to medical reimbursement and welfare reform, as amended by section 15 of part BB of chapter 56 of the laws of 2020, is amended to read as follows: (iii) The 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 [and], 2023, 2024, 2025 AND 2026 statewide reduction percent- age shall be multiplied by one hundred two million dollars respectively to determine the 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 [and], 2023, 2024, 2025 AND 2026 statewide aggregate reduction amount. If the 1998 and the 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022 [and], 2023, 2024, 2025 AND 2026 statewide reduction percentage shall be zero respectively, there shall be no 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 2020, 2021, 2022 [and], 2023, 2024, 2025 AND 2026 reduction amount. § 24. The opening paragraph of paragraph (e) of subdivision 7 of section 367-a of the social services law, as amended by section 1 of part GG of chapter 56 of the laws of 2020, is amended to read as follows: During the period from April first, two thousand fifteen through March thirty-first, two thousand [twenty-three] TWENTY-SIX, the commissioner may, in lieu of a managed care provider or pharmacy benefit manager, negotiate directly and enter into an arrangement with a pharmaceutical manufacturer for the provision of supplemental rebates relating to phar- maceutical utilization by enrollees of managed care providers pursuant to section three hundred sixty-four-j of this title and may also negoti- ate directly and enter into such an agreement relating to pharmaceutical utilization by medical assistance recipients not so enrolled. Such rebate arrangements shall be limited to the following: antiretrovirals approved by the FDA for the treatment of HIV/AIDS, opioid dependence agents and opioid antagonists listed in a statewide formulary estab- lished pursuant to subparagraph (vii) of this paragraph, hepatitis C agents, high cost drugs as provided for in subparagraph (viii) of this paragraph, gene therapies as provided for in subparagraph (ix) of this paragraph, and any other class or drug designated by the commissioner for which the pharmaceutical manufacturer has in effect a rebate arrangement with the federal secretary of health and human services pursuant to 42 U.S.C. § 1396r-8, and for which the state has established standard clinical criteria. No agreement entered into pursuant to this paragraph shall have an initial term or be extended beyond the expira- tion or repeal of this paragraph. § 25. Subdivision 1 of section 60 of part B of chapter 57 of the laws of 2015, amending the social services law and other laws relating to supplemental rebates, as amended by section 8 of part GG of chapter 56 of the laws of 2020, is amended to read as follows: 1. section one of this act shall expire and be deemed repealed March 31, [2026] 2029; § 26. Section 8 of part KK of chapter 56 of the laws of 2020, amending the public health law relating to the designation of statewide general S. 4007 19 A. 3007 hospital quality and sole community pools and the reduction of capital related inpatient expenses, is amended to read as follows: § 8. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2020, provided, further that sections [three] FOUR through [nine] SEVEN of this act shall expire and be deemed repealed March 31, [2023] 2026; provided further, however, that the director of the budget may, in consultation with the commissioner of health, delay the effective dates prescribed herein for a period of time which shall not exceed ninety days following the conclusion or termination of an executive order issued pursuant to section 28 of the executive law declaring a state disaster emergency for the entire state of New York, upon such delay the director of budget shall notify the chairs of the assembly ways and means committee and senate finance committee and the chairs of the assembly and senate health committee; provided further, however, that the director of the budget shall notify the legislative bill drafting commission upon the occurrence of a delay in the effective date of this act 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. § 27. Subdivision 4-a of section 71 of part C of chapter 60 of the laws of 2014, amending the social services law relating to fair hearings within the Fully Integrated Duals Advantage program, as amended by section 7 of part MM of chapter 56 of the laws of 2020, is amended to read as follows: 4-a. section twenty-two of this act shall take effect April 1, 2014, and shall be deemed expired January 1, [2024] 2027; § 28. Section 4 of chapter 779 of the laws of 1986, amending the social services law relating to authorizing services for non-residents in adult homes, residences for adults and enriched housing programs, as amended by section 1 of item PP of subpart B of part XXX of chapter 58 of the laws of 2020, is amended to read as follows: § 4. This act shall take effect on the one hundred twentieth day after it shall have become a law and shall remain in full force and effect until July 1, [2023] 2027, provided however, that effective immediately, the addition, amendment and/or repeal of any rules or regulations neces- sary for the implementation of the foregoing sections of this act on its effective date are authorized and directed to be made and completed on or before such effective date. § 29. Section 11 of chapter 884 of the laws of 1990, amending the public health law relating to authorizing bad debt and charity care allowances for certified home health agencies, as amended by section 1 of part S of chapter 57 of the laws of 2021, is amended to read as follows: § 11. This act shall take effect immediately and: (a) sections one and three shall expire on December 31, 1996, (b) sections four through ten shall expire on June 30, [2023] 2025, and (c) provided that the amendment to section 2807-b of the public health law by section two of this act shall not affect the expiration of such section 2807-b as otherwise provided by law and shall be deemed to expire therewith. § 30. Subdivision 5-a of section 246 of chapter 81 of the laws of 1995, amending the public health law and other laws relating to medical S. 4007 20 A. 3007 reimbursement and welfare reform, as amended by section 3 of part S of chapter 57 of the laws of 2021, is amended to read as follows: 5-a. Section sixty-four-a of this act shall be deemed to have been in full force and effect on and after April 1, 1995 through March 31, 1999 and on and after July 1, 1999 through March 31, 2000 and on and after April 1, 2000 through March 31, 2003 and on and after April 1, 2003 through March 31, 2007, and on and after April 1, 2007 through March 31, 2009, and on and after April 1, 2009 through March 31, 2011, and on and after April 1, 2011 through March 31, 2013, and on and after April 1, 2013 through March 31, 2015, and on and after April 1, 2015 through March 31, 2017 and on and after April 1, 2017 through March 31, 2019, and on and after April 1, 2019 through March 31, 2021, and on and after April 1, 2021 through March 31, 2023, AND ON AND AFTER APRIL 1, 2023 THROUGH MARCH 31, 2027; § 31. Section 64-b of chapter 81 of the laws of 1995, amending the public health law and other laws relating to medical reimbursement and welfare reform, as amended by section 4 of part S of chapter 57 of the laws of 2021, is amended to read as follows: § 64-b. Notwithstanding any inconsistent provision of law, the provisions of subdivision 7 of section 3614 of the public health law, as amended, shall remain and be in full force and effect on April 1, 1995 through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on and after April 1, 2000 through March 31, 2003 and on and after April 1, 2003 through March 31, 2007, and on and after April 1, 2007 through March 31, 2009, and on and after April 1, 2009 through March 31, 2011, and on and after April 1, 2011 through March 31, 2013, and on and after April 1, 2013 through March 31, 2015, and on and after April 1, 2015 through March 31, 2017 and on and after April 1, 2017 through March 31, 2019, and on and after April 1, 2019 through March 31, 2021, and on and after April 1, 2021 through March 31, 2023, AND ON AND AFTER APRIL 1, 2023 THROUGH MARCH 31, 2027. § 32. Section 4-a of part A of chapter 56 of the laws of 2013, amend- ing 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 5 of part S of chapter 57 of the laws of 2021, is amended to read as follows: § 4-a. Notwithstanding paragraph (c) of subdivision 10 of section 2807-c of the public health law, section 21 of chapter 1 of the laws of 1999, or any other contrary provision of law, in determining rates of payments by state governmental agencies effective for services provided on and after January 1, 2017 through March 31, [2023] 2024, for inpa- tient and outpatient services provided by general hospitals, for inpa- tient services and adult day health care outpatient services provided by residential health care facilities pursuant to article 28 of the public health law, except for residential health care facilities or units of such facilities providing services primarily to children under twenty- one years of age, for home health care services provided pursuant to article 36 of the public health law by certified home health agencies, long term home health care programs and AIDS home care programs, and for personal care services provided pursuant to section 365-a of the social services law, the commissioner of health shall apply no greater than zero trend factors attributable to the 2017, 2018, 2019, 2020, 2021, 2022 [and], 2023, 2024 AND 2025 calendar years in accordance with para- graph (c) of subdivision 10 of section 2807-c of the public health law, provided, however, that such no greater than zero trend factors attrib- utable to such 2017, 2018, 2019, 2020, 2021, 2022 [and], 2023, 2024 AND S. 4007 21 A. 3007 2025 calendar years shall also be applied to rates of payment provided on and after January 1, 2017 through March 31, [2023] 2025 for personal care services provided in those local social services districts, includ- ing New York city, whose rates of payment for such services are estab- lished by such local social services districts pursuant to a rate-set- ting exemption issued by the commissioner of health to such local social services districts in accordance with applicable regulations; and provided further, however, that for rates of payment for assisted living program services provided on and after January 1, 2017 through March 31, [2023] 2025, such trend factors attributable to the 2017, 2018, 2019, 2020, 2021, 2022 [and], 2023, 2024 AND 2025 calendar years shall be established at no greater than zero percent. § 33. Subdivision 2 of section 246 of chapter 81 of the laws of 1995, amending the public health law and other laws relating to medical reimbursement and welfare reform, as amended by section 6 of part S of chapter 57 of the laws of 2021, is amended to read as follows: 2. Sections five, seven through nine, twelve through fourteen, and eighteen of this act shall be deemed to have been in full force and effect on and after April 1, 1995 through March 31, 1999 and on and after July 1, 1999 through March 31, 2000 and on and after April 1, 2000 through March 31, 2003 and on and after April 1, 2003 through March 31, 2006 and on and after April 1, 2006 through March 31, 2007 and on and after April 1, 2007 through March 31, 2009 and on and after April 1, 2009 through March 31, 2011 and sections twelve, thirteen and fourteen of this act shall be deemed to be in full force and effect on and after April 1, 2011 through March 31, 2015 and on and after April 1, 2015 through March 31, 2017 and on and after April 1, 2017 through March 31, 2019, and on and after April 1, 2019 through March 31, 2021, and on and after April 1, 2021 through March 31, 2023, AND ON AND AFTER APRIL 1, 2023 THROUGH MARCH 31, 2025; § 34. Subparagraph (vi) of paragraph (b) of subdivision 2 of section 2807-d of the public health law, as amended by section 11 of part S of chapter 57 of the laws of 2021, is amended to read as follows: (vi) Notwithstanding any contrary provision of this paragraph or any other provision of law or regulation to the contrary, for residential health care facilities the assessment shall be six percent of each resi- dential health care facility's gross receipts received from all patient care services and other operating income on a cash basis for the period April first, two thousand two through March thirty-first, two thousand three for hospital or health-related services, including adult day services; provided, however, that residential health care facilities' gross receipts attributable to payments received pursuant to title XVIII of the federal social security act (medicare) shall be excluded from the assessment; provided, however, that for all such gross receipts received on or after April first, two thousand three through March thirty-first, two thousand five, such assessment shall be five percent, and further provided that for all such gross receipts received on or after April first, two thousand five through March thirty-first, two thousand nine, and on or after April first, two thousand nine through March thirty- first, two thousand eleven such assessment shall be six percent, and further provided that for all such gross receipts received on or after April first, two thousand eleven through March thirty-first, two thou- sand thirteen such assessment shall be six percent, and further provided that for all such gross receipts received on or after April first, two thousand thirteen through March thirty-first, two thousand fifteen such assessment shall be six percent, and further provided that for all such S. 4007 22 A. 3007 gross receipts received on or after April first, two thousand fifteen through March thirty-first, two thousand seventeen such assessment shall be six percent, and further provided that for all such gross receipts received on or after April first, two thousand seventeen through March thirty-first, two thousand nineteen such assessment shall be six percent, and further provided that for all such gross receipts received on or after April first, two thousand nineteen through March thirty- first, two thousand twenty-one such assessment shall be six percent, and further provided that for all such gross receipts received on or after April first, two thousand twenty-one through March thirty-first, two thousand twenty-three such assessment shall be six percent, AND FURTHER PROVIDED THAT FOR ALL SUCH GROSS RECEIPTS RECEIVED ON OR AFTER APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOU- SAND TWENTY-FIVE SUCH ASSESSMENT SHALL BE SIX PERCENT. § 35. Section 3 of part MM of chapter 57 of the laws of 2021 amending the public health law relating to aiding in the transition to adulthood for children with medical fragility living in pediatric nursing homes and other settings is amended to read as follows: § 3. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided however, that section one of this act shall expire and be deemed repealed [two] FOUR years after such effective date; and provided further, that section two of this act shall expire and be deemed repealed [three] FIVE years after such effective date. § 36. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2023; provided, however, that the amendments to subdivision 6 of section 366 of the social services law made by section four of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith; provided further, however, that the amendments to subparagraph (ii) of paragraph (c) of subdivision 11 of section 230 of the public health law made by section ten of this act shall not affect the expiration of such subparagraph and shall be deemed to expire therewith; and provided further, however, that the amendments to the opening paragraph of para- graph (e) of subdivision 7 of section 367-a of the social services law made by section twenty-four of this act shall not affect the repeal of such paragraph and shall be deemed repealed therewith. PART C Section 1. Section 34 of part A3 of chapter 62 of the laws of 2003 amending the general business law and other laws relating to enacting major components necessary to implement the state fiscal plan for the 2003-04 state fiscal year, as amended by section 1 of part Y of chapter 56 of the laws of 2020, is amended to read as follows: § 34. (1) Notwithstanding any inconsistent provision of law, rule or regulation and effective April 1, 2008 through March 31, [2023] 2026, the commissioner of health is authorized to transfer and the state comp- troller is authorized and directed to receive for deposit to the credit of the department of health's special revenue fund - other, health care reform act (HCRA) resources fund - 061, provider collection monitoring account, within amounts appropriated each year, those funds collected and accumulated pursuant to section 2807-v of the public health law, including income from invested funds, for the purpose of payment for administrative costs of the department of health related to adminis- S. 4007 23 A. 3007 tration of statutory duties for the collections and distributions authorized by section 2807-v of the public health law. (2) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2023] 2026, the commissioner of health is authorized to transfer and the state comp- troller is authorized and directed to receive for deposit to the credit of the department of health's special revenue fund - other, health care reform act (HCRA) resources fund - 061, provider collection monitoring account, within amounts appropriated each year, those funds collected and accumulated and interest earned through surcharges on payments for health care services pursuant to section 2807-s of the public health law and from assessments pursuant to section 2807-t of the public health law for the purpose of payment for administrative costs of the department of health related to administration of statutory duties for the collections and distributions authorized by sections 2807-s, 2807-t, and 2807-m of the public health law. (3) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2023] 2026, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, those funds authorized for distribution in accordance with the provisions of paragraph (a) of subdivision 1 of section 2807-l of the public health law for the purposes of payment for administrative costs of the depart- ment of health related to the child health insurance plan program authorized pursuant to title 1-A of article 25 of the public health law into the special revenue funds - other, health care reform act (HCRA) resources fund - 061, child health insurance account, established within the department of health. (5) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2023] 2026, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, those funds allocated pursuant to paragraph (j) of subdivision 1 of section 2807-v of the public health law for the purpose of payment for adminis- trative costs of the department of health related to administration of the state's tobacco control programs and cancer services provided pursu- ant to sections 2807-r and 1399-ii of the public health law into such accounts established within the department of health for such purposes. (6) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2023] 2026, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, the funds authorized for distribution in accordance with the provisions of section 2807-l of the public health law for the purposes of payment for adminis- trative costs of the department of health related to the programs funded pursuant to section 2807-l of the public health law into the special revenue funds - other, health care reform act (HCRA) resources fund - 061, pilot health insurance account, established within the department of health. (7) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2023] 2026, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, those funds authorized for distribution in accordance with the provisions of subparagraph (ii) of paragraph (f) of subdivision 19 of section 2807-c of the public health law from monies accumulated and interest earned in S. 4007 24 A. 3007 the bad debt and charity care and capital statewide pools through an assessment charged to general hospitals pursuant to the provisions of subdivision 18 of section 2807-c of the public health law and those funds authorized for distribution in accordance with the provisions of section 2807-l of the public health law for the purposes of payment for administrative costs of the department of health related to programs funded under section 2807-l of the public health law into the special revenue funds - other, health care reform act (HCRA) resources fund - 061, primary care initiatives account, established within the department of health. (8) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2023] 2026, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, those funds authorized for distribution in accordance with section 2807-l of the public health law for the purposes of payment for administrative costs of the department of health related to programs funded under section 2807-l of the public health law into the special revenue funds - other, health care reform act (HCRA) resources fund - 061, health care delivery administration account, established within the department of health. (9) Notwithstanding any inconsistent provision of law, rule or regu- lation and effective April 1, 2008 through March 31, [2023] 2026, the commissioner of health is authorized to transfer and the comptroller is authorized to deposit, within amounts appropriated each year, those funds authorized pursuant to sections 2807-d, 3614-a and 3614-b of the public health law and section 367-i of the social services law and for distribution in accordance with the provisions of subdivision 9 of section 2807-j of the public health law for the purpose of payment for administration of statutory duties for the collections and distributions authorized by sections 2807-c, 2807-d, 2807-j, 2807-k, 2807-l, 3614-a and 3614-b of the public health law and section 367-i of the social services law into the special revenue funds - other, health care reform act (HCRA) resources fund - 061, provider collection monitoring account, established within the department of health. § 2. Subparagraphs (iv) and (v) of paragraph (a) of subdivision 9 of section 2807-j of the public health law, as amended by section 2 of part Y of chapter 56 of the laws of 2020, are amended to read as follows: (iv) seven hundred sixty-five million dollars annually of the funds accumulated for the periods January first, two thousand through December thirty-first, two thousand [twenty-two] TWENTY FIVE, and (v) one hundred ninety-one million two hundred fifty thousand dollars of the funds accumulated for the period January first, two thousand [twenty-three] TWENTY-SIX through March thirty-first, two thousand [twenty-three] TWENTY-SIX. § 3. Subdivision 5 of section 168 of chapter 639 of the laws of 1996, constituting the New York Health Care Reform Act of 1996, as amended by section 3 of part Y of chapter 56 of the laws of 2020, is amended to read as follows: 5. sections 2807-c, 2807-j, 2807-s and 2807-t of the public health law, as amended or as added by this act, shall expire on December 31, [2023] 2026, and shall be thereafter effective only in respect to any act done on or before such date or action or proceeding arising out of such act including continued collections of funds from assessments and allowances and surcharges established pursuant to sections 2807-c, 2807-j, 2807-s and 2807-t of the public health law, and administration S. 4007 25 A. 3007 and distributions of funds from pools established pursuant to sections 2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s and 2807-t of the public health law related to patient services provided before December 31, [2023] 2026, and continued expenditure of funds authorized for programs and grants until the exhaustion of funds therefor; § 4. Subdivision 1 of section 138 of chapter 1 of the laws of 1999, constituting the New York Health Care Reform Act of 2000, as amended by section 4 of part Y of chapter 56 of the laws of 2020, is amended to read as follows: 1. sections 2807-c, 2807-j, 2807-s, and 2807-t of the public health law, as amended by this act, shall expire on December 31, [2023] 2026, and shall be thereafter effective only in respect to any act done before such date or action or proceeding arising out of such act including continued collections of funds from assessments and allowances and surcharges established pursuant to sections 2807-c, 2807-j, 2807-s and 2807-t of the public health law, and administration and distributions of funds from pools established pursuant to sections 2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s, 2807-t, 2807-v and 2807-w of the public health law, as amended or added by this act, related to patient services provided before December 31, [2023] 2026, and continued expenditure of funds authorized for programs and grants until the exhaustion of funds therefor; § 5. Section 2807-l of the public health law, as amended by section 5 of part Y of chapter 56 of the laws of 2020, is amended to read as follows: § 2807-l. Health care initiatives pool distributions. 1. Funds accumu- lated in the health care initiatives pools pursuant to paragraph (b) of subdivision nine of section twenty-eight hundred seven-j of this arti- cle, or the health care reform act (HCRA) resources fund established pursuant to section ninety-two-dd of the state finance law, whichever is applicable, including income from invested funds, shall be distributed or retained by the commissioner or by the state comptroller, as applica- ble, in accordance with the following. (a) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of distributions to programs to provide health care coverage for unin- sured or underinsured children pursuant to sections twenty-five hundred ten and twenty-five hundred eleven of this chapter from the respective health care initiatives pools established for the following periods in the following amounts: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, up to one hundred twenty million six hundred thousand dollars; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, up to one hundred sixty-four million five hundred thousand dollars; (iii) from the pool for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, up to one hundred eighty-one million dollars; (iv) from the pool for the period January first, two thousand through December thirty-first, two thousand, two hundred seven million dollars; (v) from the pool for the period January first, two thousand one through December thirty-first, two thousand one, two hundred thirty-five million dollars; S. 4007 26 A. 3007 (vi) from the pool for the period January first, two thousand two through December thirty-first, two thousand two, three hundred twenty- four million dollars; (vii) from the pool for the period January first, two thousand three through December thirty-first, two thousand three, up to four hundred fifty million three hundred thousand dollars; (viii) from the pool for the period January first, two thousand four through December thirty-first, two thousand four, up to four hundred sixty million nine hundred thousand dollars; (ix) from the pool or the health care reform act (HCRA) resources fund, whichever is applicable, for the period January first, two thou- sand five through December thirty-first, two thousand five, up to one hundred fifty-three million eight hundred thousand dollars; (x) from the health care reform act (HCRA) resources fund for the period January first, two thousand six through December thirty-first, two thousand six, up to three hundred twenty-five million four hundred thousand dollars; (xi) from the health care reform act (HCRA) resources fund for the period January first, two thousand seven through December thirty-first, two thousand seven, up to four hundred twenty-eight million fifty-nine thousand dollars; (xii) from the health care reform act (HCRA) resources fund for the period January first, two thousand eight through December thirty-first, two thousand ten, up to four hundred fifty-three million six hundred seventy-four thousand dollars annually; (xiii) from the health care reform act (HCRA) resources fund for the period January first, two thousand eleven, through March thirty-first, two thousand eleven, up to one hundred thirteen million four hundred eighteen thousand dollars; (xiv) from the health care reform act (HCRA) resources fund for the period April first, two thousand eleven, through March thirty-first, two thousand twelve, up to three hundred twenty-four million seven hundred forty-four thousand dollars; (xv) from the health care reform act (HCRA) resources fund for the period April first, two thousand twelve, through March thirty-first, two thousand thirteen, up to three hundred forty-six million four hundred forty-four thousand dollars; (xvi) from the health care reform act (HCRA) resources fund for the period April first, two thousand thirteen, through March thirty-first, two thousand fourteen, up to three hundred seventy million six hundred ninety-five thousand dollars; and (xvii) from the health care reform act (HCRA) resources fund for each state fiscal year for periods on and after April first, two thousand fourteen, within amounts appropriated. (b) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of distributions for health insurance programs under the individual subsidy programs established pursuant to the expanded health care cover- age act of nineteen hundred eighty-eight as amended, and for evaluation of such programs from the respective health care initiatives pools or the health care reform act (HCRA) resources fund, whichever is applica- ble, established for the following periods in the following amounts: (i) (A) an amount not to exceed six million dollars on an annualized basis for the periods January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-nine; up to six million dollars for the period January first, two thousand through S. 4007 27 A. 3007 December thirty-first, two thousand; up to five million dollars for the period January first, two thousand one through December thirty-first, two thousand one; up to four million dollars for the period January first, two thousand two through December thirty-first, two thousand two; up to two million six hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; up to one million three hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; up to six hundred seventy thousand dollars for the period January first, two thousand five through June thirtieth, two thousand five; up to one million three hundred thousand dollars for the period April first, two thousand six through March thirty-first, two thousand seven; and up to one million three hundred thousand dollars annually for the period April first, two thousand seven through March thirty-first, two thousand nine, shall be allocated to individual subsidy programs; and (B) an amount not to exceed seven million dollars on an annualized basis for the periods during the period January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-nine and four million dollars annually for the periods January first, two thousand through December thirty-first, two thousand two, and three million dollars for the period January first, two thousand three through December thirty-first, two thousand three, and two million dollars for the period January first, two thousand four through December thirty- first, two thousand four, and two million dollars for the period January first, two thousand five through June thirtieth, two thousand five shall be allocated to the catastrophic health care expense program. (ii) Notwithstanding any law to the contrary, the characterizations of the New York state small business health insurance partnership program as in effect prior to June thirtieth, two thousand three, voucher program as in effect prior to December thirty-first, two thousand one, individual subsidy program as in effect prior to June thirtieth, two thousand five, and catastrophic health care expense program, as in effect prior to June thirtieth, two thousand five, may, for the purposes of identifying matching funds for the community health care conversion demonstration project described in a waiver of the provisions of title XIX of the federal social security act granted to the state of New York and dated July fifteenth, nineteen hundred ninety-seven, may continue to be used to characterize the insurance programs in sections four thousand three hundred twenty-one-a, four thousand three hundred twenty-two-a, four thousand three hundred twenty-six and four thousand three hundred twenty-seven of the insurance law, which are successor programs to these programs. (c) Up to seventy-eight million dollars shall be reserved and accumu- lated from year to year from the pool for the period January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-seven, for purposes of public health programs, up to seventy-six million dollars shall be reserved and accumulated from year to year from the pools for the periods January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight and January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, up to eighty-four million dollars shall be reserved and accumulated from year to year from the pools for the period January first, two thousand through December thir- ty-first, two thousand, up to eighty-five million dollars shall be reserved and accumulated from year to year from the pools for the period S. 4007 28 A. 3007 January first, two thousand one through December thirty-first, two thou- sand one, up to eighty-six million dollars shall be reserved and accumu- lated from year to year from the pools for the period January first, two thousand two through December thirty-first, two thousand two, up to eighty-six million one hundred fifty thousand dollars shall be reserved and accumulated from year to year from the pools for the period January first, two thousand three through December thirty-first, two thousand three, up to fifty-eight million seven hundred eighty thousand dollars shall be reserved and accumulated from year to year from the pools for the period January first, two thousand four through December thirty- first, two thousand four, up to sixty-eight million seven hundred thirty thousand dollars shall be reserved and accumulated from year to year from the pools or the health care reform act (HCRA) resources fund, whichever is applicable, for the period January first, two thousand five through December thirty-first, two thousand five, up to ninety-four million three hundred fifty thousand dollars shall be reserved and accu- mulated from year to year from the health care reform act (HCRA) resources fund for the period January first, two thousand six through December thirty-first, two thousand six, up to seventy million nine hundred thirty-nine thousand dollars shall be reserved and accumulated from year to year from the health care reform act (HCRA) resources fund for the period January first, two thousand seven through December thir- ty-first, two thousand seven, up to fifty-five million six hundred eighty-nine thousand dollars annually shall be reserved and accumulated from year to year from the health care reform act (HCRA) resources fund for the period January first, two thousand eight through December thir- ty-first, two thousand ten, up to thirteen million nine hundred twenty- two thousand dollars shall be reserved and accumulated from year to year from the health care reform act (HCRA) resources fund for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven, and for periods on and after April first, two thousand eleven, up to funding amounts specified below and shall be available, including income from invested funds, for: (i) deposit by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to, to the credit of the department of health's special revenue fund - other, hospital based grants program account or the health care reform act (HCRA) resources fund, whichever is applicable, for purposes of services and expenses related to general hospital based grant programs, up to twenty-two million dollars annually from the nineteen hundred ninety-seven pool, nineteen hundred ninety-eight pool, nineteen hundred ninety-nine pool, two thousand pool, two thousand one pool and two thousand two pool, respectively, up to twenty-two million dollars from the two thousand three pool, up to ten million dollars for the period January first, two thousand four through December thirty-first, two thousand four, up to eleven million dollars for the period January first, two thousand five through December thirty-first, two thousand five, up to twenty-two million dollars for the period January first, two thousand six through December thirty-first, two thousand six, up to twenty-two million ninety-seven thousand dollars annually for the period January first, two thousand seven through December thirty-first, two thousand ten, up to five million five hundred twenty-four thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, up to thirteen million four hundred forty-five thousand dollars for the period April first, two thousand eleven through March thirty-first, two thousand twelve, and up to thir- S. 4007 29 A. 3007 teen million three hundred seventy-five thousand dollars each state fiscal year for the period April first, two thousand twelve through March thirty-first, two thousand fourteen; (ii) deposit by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to, to the credit of the emergency medical services training account established in section ninety-seven-q of the state finance law or the health care reform act (HCRA) resources fund, whichever is appli- cable, up to sixteen million dollars on an annualized basis for the periods January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-nine, up to twenty million dollars for the period January first, two thousand through December thirty- first, two thousand, up to twenty-one million dollars for the period January first, two thousand one through December thirty-first, two thou- sand one, up to twenty-two million dollars for the period January first, two thousand two through December thirty-first, two thousand two, up to twenty-two million five hundred fifty thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three, up to nine million six hundred eighty thousand dollars for the period January first, two thousand four through December thir- ty-first, two thousand four, up to twelve million one hundred thirty thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five, up to twenty-four million two hundred fifty thousand dollars for the period January first, two thou- sand six through December thirty-first, two thousand six, up to twenty million four hundred ninety-two thousand dollars annually for the period January first, two thousand seven through December thirty-first, two thousand ten, up to five million one hundred twenty-three thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, up to eighteen million three hundred fifty thousand dollars for the period April first, two thousand eleven through March thirty-first, two thousand twelve, up to eighteen million nine hundred fifty thousand dollars for the period April first, two thousand twelve through March thirty-first, two thousand thirteen, up to nineteen million four hundred nineteen thousand dollars for the period April first, two thousand thirteen through March thirty-first, two thou- sand fourteen, and up to nineteen million six hundred fifty-nine thou- sand seven hundred dollars each state fiscal year for the period of April first, two thousand fourteen through March thirty-first, two thou- sand [twenty-three] TWENTY-SIX; (iii) priority distributions by the commissioner up to thirty-two million dollars on an annualized basis for the period January first, two thousand through December thirty-first, two thousand four, up to thir- ty-eight million dollars on an annualized basis for the period January first, two thousand five through December thirty-first, two thousand six, up to eighteen million two hundred fifty thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, up to three million dollars annually for the period January first, two thousand eight through December thirty-first, two thousand ten, up to seven hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven, up to two million nine hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, and up to two million nine hundred thousand dollars each state fiscal year for the period April first, two thousand fourteen through March thirty-first, two thousand S. 4007 30 A. 3007 [twenty-three] TWENTY-SIX to be allocated (A) for the purposes estab- lished pursuant to subparagraph (ii) of paragraph (f) of subdivision nineteen of section twenty-eight hundred seven-c of this article as in effect on December thirty-first, nineteen hundred ninety-six and as may thereafter be amended, up to fifteen million dollars annually for the periods January first, two thousand through December thirty-first, two thousand four, up to twenty-one million dollars annually for the period January first, two thousand five through December thirty-first, two thousand six, and up to seven million five hundred thousand dollars for the period January first, two thousand seven through March thirty-first, two thousand seven; (B) pursuant to a memorandum of understanding entered into by the commissioner, the majority leader of the senate and the speaker of the assembly, for the purposes outlined in such memorandum upon the recom- mendation of the majority leader of the senate, up to eight million five hundred thousand dollars annually for the period January first, two thousand through December thirty-first, two thousand six, and up to four million two hundred fifty thousand dollars for the period January first, two thousand seven through June thirtieth, two thousand seven, and for the purposes outlined in such memorandum upon the recommendation of the speaker of the assembly, up to eight million five hundred thousand dollars annually for the periods January first, two thousand through December thirty-first, two thousand six, and up to four million two hundred fifty thousand dollars for the period January first, two thou- sand seven through June thirtieth, two thousand seven; and (C) for services and expenses, including grants, related to emergency assistance distributions as designated by the commissioner. Notwith- standing section one hundred twelve or one hundred sixty-three of the state finance law or any other contrary provision of law, such distrib- utions shall be limited to providers or programs where, as determined by the commissioner, emergency assistance is vital to protect the life or safety of patients, to ensure the retention of facility caregivers or other staff, or in instances where health facility operations are jeop- ardized, or where the public health is jeopardized or other emergency situations exist, up to three million dollars annually for the period April first, two thousand seven through March thirty-first, two thousand eleven, up to two million nine hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, up to two million nine hundred thousand dollars each state fiscal year for the period April first, two thousand fourteen through March thirty-first, two thousand seventeen, up to two million nine hundred thousand dollars each state fiscal year for the period April first, two thousand seventeen through March thirty-first, two thousand twenty, [and] up to two million nine hundred thousand dollars each state fiscal year for the period April first, two thousand twenty through March thirty-first, two thousand twenty-three, AND UP TO TWO MILLION NINE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. Upon any distrib- ution of such funds, the commissioner shall immediately notify the chair and ranking minority member of the senate finance committee, the assem- bly ways and means committee, the senate committee on health, and the assembly committee on health; (iv) distributions by the commissioner related to poison control centers pursuant to subdivision seven of section twenty-five hundred-d of this chapter, up to five million dollars for the period January S. 4007 31 A. 3007 first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety-seven, up to three million dollars on an annual- ized basis for the periods during the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety-nine, up to five million dollars annually for the periods January first, two thousand through December thirty-first, two thousand two, up to four million six hundred thousand dollars annually for the periods January first, two thousand three through December thirty-first, two thousand four, up to five million one hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand six annually, up to five million one hundred thousand dollars annually for the period January first, two thousand seven through December thirty-first, two thousand nine, up to three million six hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, up to seven hundred seventy-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, up to two million five hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, up to three million dollars each state fiscal year for the period April first, two thousand fourteen through March thirty- first, two thousand seventeen, up to three million dollars each state fiscal year for the period April first, two thousand seventeen through March thirty-first, two thousand twenty, [and] up to three million dollars each state fiscal year for the period April first, two thousand twenty through March thirty-first, two thousand twenty-three, AND UP TO THREE MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWEN- TY-SIX; and (v) deposit by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to, to the credit of the department of health's special revenue fund - other, miscellaneous special revenue fund - 339 maternal and child HIV services account or the health care reform act (HCRA) resources fund, whichever is applicable, for purposes of a special program for HIV services for women and children, including adolescents pursuant to section twenty-five hundred-f-one of this chapter, up to five million dollars annually for the periods January first, two thou- sand through December thirty-first, two thousand two, up to five million dollars for the period January first, two thousand three through Decem- ber thirty-first, two thousand three, up to two million five hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four, up to two million five hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five, up to five million dollars for the period January first, two thousand six through December thirty- first, two thousand six, up to five million dollars annually for the period January first, two thousand seven through December thirty-first, two thousand ten, up to one million two hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty- first, two thousand eleven, and up to five million dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen; (d) (i) An amount of up to twenty million dollars annually for the period January first, two thousand through December thirty-first, two thousand six, up to ten million dollars for the period January first, S. 4007 32 A. 3007 two thousand seven through June thirtieth, two thousand seven, up to twenty million dollars annually for the period January first, two thou- sand eight through December thirty-first, two thousand ten, up to five million dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, up to nineteen million six hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, up to nineteen million six hundred thousand dollars each state fiscal year for the period April first, two thousand fourteen through March thirty-first, two thousand seventeen, up to nineteen million six hundred thousand dollars each state fiscal year for the period of April first, two thousand seventeen through March thirty-first, two thousand twenty, [and] up to nineteen million six hundred thousand dollars each state fiscal year for the period of April first, two thousand twenty through March thirty-first, two thousand twenty-three, AND UP TO NINE- TEEN MILLION SIX HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD OF APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY- FIRST, TWO THOUSAND TWENTY-SIX, shall be transferred to the health facility restructuring pool established pursuant to section twenty-eight hundred fifteen of this article; (ii) provided, however, amounts transferred pursuant to subparagraph (i) of this paragraph may be reduced in an amount to be approved by the director of the budget to reflect the amount received from the federal government under the state's 1115 waiver which is directed under its terms and conditions to the health facility restructuring program. (f) Funds shall be accumulated and transferred from as follows: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, (A) thirty-four million six hundred thousand dollars shall be trans- ferred to funds reserved and accumulated pursuant to paragraph (b) of subdivision nineteen of section twenty-eight hundred seven-c of this article, and (B) eighty-two million dollars shall be transferred and deposited and credited to the credit of the state general fund medical assistance local assistance account; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, eighty-two million dollars shall be transferred and deposited and credited to the credit of the state general fund medical assistance local assistance account; (iii) from the pool for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, eighty-two million dollars shall be transferred and deposited and cred- ited to the credit of the state general fund medical assistance local assistance account; (iv) from the pool or the health care reform act (HCRA) resources fund, whichever is applicable, for the period January first, two thou- sand through December thirty-first, two thousand four, eighty-two million dollars annually, and for the period January first, two thousand five through December thirty-first, two thousand five, eighty-two million dollars, and for the period January first, two thousand six through December thirty-first, two thousand six, eighty-two million dollars, and for the period January first, two thousand seven through December thirty-first, two thousand seven, eighty-two million dollars, and for the period January first, two thousand eight through December thirty-first, two thousand eight, ninety million seven hundred thousand dollars shall be deposited by the commissioner, and the state comp- S. 4007 33 A. 3007 troller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account; (v) from the health care reform act (HCRA) resources fund for the period January first, two thousand nine through December thirty-first, two thousand nine, one hundred eight million nine hundred seventy-five thousand dollars, and for the period January first, two thousand ten through December thirty-first, two thousand ten, one hundred twenty-six million one hundred thousand dollars, for the period January first, two thousand eleven through March thirty-first, two thousand eleven, twenty million five hundred thousand dollars, and for each state fiscal year for the period April first, two thousand eleven through March thirty- first, two thousand fourteen, one hundred forty-six million four hundred thousand dollars, shall be deposited by the commissioner, and the state comptroller is hereby authorized and directed to receive for deposit, to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account. (g) Funds shall be transferred to primary health care services pools created by the commissioner, and shall be available, including income from invested funds, for distributions in accordance with former section twenty-eight hundred seven-bb of this article from the respective health care initiatives pools for the following periods in the following percentage amounts of funds remaining after allocations in accordance with paragraphs (a) through (f) of this subdivision: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, fifteen and eighty-seven-hundredths percent; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, fifteen and eighty-seven-hundredths percent; and (iii) from the pool for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, sixteen and thirteen-hundredths percent. (h) Funds shall be reserved and accumulated from year to year by the commissioner and shall be available, including income from invested funds, for purposes of primary care education and training pursuant to article nine of this chapter from the respective health care initiatives pools established for the following periods in the following percentage amounts of funds remaining after allocations in accordance with para- graphs (a) through (f) of this subdivision and shall be available for distributions as follows: (i) funds shall be reserved and accumulated: (A) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, six and thirty-five-hundredths percent; (B) from the pool for the period January first, nineteen hundred nine- ty-eight through December thirty-first, nineteen hundred ninety-eight, six and thirty-five-hundredths percent; and (C) from the pool for the period January first, nineteen hundred nine- ty-nine through December thirty-first, nineteen hundred ninety-nine, six and forty-five-hundredths percent; (ii) funds shall be available for distributions including income from invested funds as follows: (A) for purposes of the primary care physician loan repayment program in accordance with section nine hundred three of this chapter, up to five million dollars on an annualized basis; S. 4007 34 A. 3007 (B) for purposes of the primary care practitioner scholarship program in accordance with section nine hundred four of this chapter, up to two million dollars on an annualized basis; (C) for purposes of minority participation in medical education grants in accordance with section nine hundred six of this chapter, up to one million dollars on an annualized basis; and (D) provided, however, that the commissioner may reallocate any funds remaining or unallocated for distributions for the primary care practi- tioner scholarship program in accordance with section nine hundred four of this chapter. (i) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for distrib- utions in accordance with section twenty-nine hundred fifty-two and section twenty-nine hundred fifty-eight of this chapter for rural health care delivery development and rural health care access development, respectively, from the respective health care initiatives pools or the health care reform act (HCRA) resources fund, whichever is applicable, for the following periods in the following percentage amounts of funds remaining after allocations in accordance with paragraphs (a) through (f) of this subdivision, and for periods on and after January first, two thousand, in the following amounts: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, thirteen and forty-nine-hundredths percent; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, thirteen and forty-nine-hundredths percent; (iii) from the pool for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, thirteen and seventy-one-hundredths percent; (iv) from the pool for the periods January first, two thousand through December thirty-first, two thousand two, seventeen million dollars annu- ally, and for the period January first, two thousand three through December thirty-first, two thousand three, up to fifteen million eight hundred fifty thousand dollars; (v) from the pool or the health care reform act (HCRA) resources fund, whichever is applicable, for the period January first, two thousand four through December thirty-first, two thousand four, up to fifteen million eight hundred fifty thousand dollars, for the period January first, two thousand five through December thirty-first, two thousand five, up to nineteen million two hundred thousand dollars, for the period January first, two thousand six through December thirty-first, two thousand six, up to nineteen million two hundred thousand dollars, for the period January first, two thousand seven through December thirty-first, two thousand ten, up to eighteen million one hundred fifty thousand dollars annually, for the period January first, two thousand eleven through March thirty-first, two thousand eleven, up to four million five hundred thirty-eight thousand dollars, for each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thou- sand fourteen, up to sixteen million two hundred thousand dollars, up to sixteen million two hundred thousand dollars each state fiscal year for the period April first, two thousand fourteen through March thirty- first, two thousand seventeen, up to sixteen million two hundred thou- sand dollars each state fiscal year for the period April first, two thousand seventeen through March thirty-first, two thousand twenty, [and] up to sixteen million two hundred thousand dollars each state S. 4007 35 A. 3007 fiscal year for the period April first, two thousand twenty through March thirty-first, two thousand twenty-three, AND UP TO SIXTEEN MILLION TWO HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOU- SAND TWENTY-SIX. (j) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of distributions related to health information and health care quality improvement pursuant to former section twenty-eight hundred seven-n of this article from the respective health care initiatives pools estab- lished for the following periods in the following percentage amounts of funds remaining after allocations in accordance with paragraphs (a) through (f) of this subdivision: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, six and thirty-five-hundredths percent; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, six and thirty-five-hundredths percent; and (iii) from the pool for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, six and forty-five-hundredths percent. (k) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for allo- cations and distributions in accordance with section twenty-eight hundred seven-p of this article for diagnostic and treatment center uncompensated care from the respective health care initiatives pools or the health care reform act (HCRA) resources fund, whichever is applica- ble, for the following periods in the following percentage amounts of funds remaining after allocations in accordance with paragraphs (a) through (f) of this subdivision, and for periods on and after January first, two thousand, in the following amounts: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, thirty-eight and one-tenth percent; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, thirty-eight and one-tenth percent; (iii) from the pool for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine, thirty-eight and seventy-one-hundredths percent; (iv) from the pool for the periods January first, two thousand through December thirty-first, two thousand two, forty-eight million dollars annually, and for the period January first, two thousand three through June thirtieth, two thousand three, twenty-four million dollars; (v) (A) from the pool or the health care reform act (HCRA) resources fund, whichever is applicable, for the period July first, two thousand three through December thirty-first, two thousand three, up to six million dollars, for the period January first, two thousand four through December thirty-first, two thousand six, up to twelve million dollars annually, for the period January first, two thousand seven through December thirty-first, two thousand thirteen, up to forty-eight million dollars annually, for the period January first, two thousand fourteen through March thirty-first, two thousand fourteen, up to twelve million dollars for the period April first, two thousand fourteen through March thirty-first, two thousand seventeen, up to forty-eight million dollars S. 4007 36 A. 3007 annually, for the period April first, two thousand seventeen through March thirty-first, two thousand twenty, up to forty-eight million dollars annually, [and] for the period April first, two thousand twenty through March thirty-first, two thousand twenty-three, up to forty-eight million dollars annually, AND FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, UP TO FORTY-EIGHT MILLION DOLLARS ANNUALLY; (B) from the health care reform act (HCRA) resources fund for the period January first, two thousand six through December thirty-first, two thousand six, an additional seven million five hundred thousand dollars, for the period January first, two thousand seven through Decem- ber thirty-first, two thousand thirteen, an additional seven million five hundred thousand dollars annually, for the period January first, two thousand fourteen through March thirty-first, two thousand fourteen, an additional one million eight hundred seventy-five thousand dollars, for the period April first, two thousand fourteen through March thirty- first, two thousand seventeen, an additional seven million five hundred thousand dollars annually, for the period April first, two thousand seventeen through March thirty-first, two thousand twenty, an additional seven million five hundred thousand dollars annually, [and] for the period April first, two thousand twenty through March thirty-first, two thousand twenty-three, an additional seven million five hundred thousand dollars annually, AND FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY- THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, AN ADDITIONAL SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ANNUALLY for voluntary non- profit diagnostic and treatment center uncompensated care in accordance with subdivision four-c of section twenty-eight hundred seven-p of this article; and (vi) funds reserved and accumulated pursuant to this paragraph for periods on and after July first, two thousand three, shall be deposited by the commissioner, within amounts appropriated, and the state comp- troller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, for purposes of funding the state share of rate adjustments made pursuant to section twenty-eight hundred seven-p of this article, provided, however, that in the event federal financial participation is not available for rate adjustments made pursuant to paragraph (b) of subdivision one of section twenty-eight hundred seven-p of this article, funds shall be distributed pursuant to paragraph (a) of subdivision one of section twenty-eight hundred seven-p of this article from the respective health care initiatives pools or the health care reform act (HCRA) resources fund, whichever is applicable. (l) Funds shall be reserved and accumulated from year to year by the commissioner and shall be available, including income from invested funds, for transfer to and allocation for services and expenses for the payment of benefits to recipients of drugs under the AIDS drug assist- ance program (ADAP) - HIV uninsured care program as administered by Health Research Incorporated from the respective health care initi- atives pools or the health care reform act (HCRA) resources fund, which- ever is applicable, established for the following periods in the follow- ing percentage amounts of funds remaining after allocations in accordance with paragraphs (a) through (f) of this subdivision, and for periods on and after January first, two thousand, in the following amounts: S. 4007 37 A. 3007 (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, nine and fifty-two-hundredths percent; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, nine and fifty-two-hundredths percent; (iii) from the pool for the period January first, nineteen hundred ninety-nine and December thirty-first, nineteen hundred ninety-nine, nine and sixty-eight-hundredths percent; (iv) from the pool for the periods January first, two thousand through December thirty-first, two thousand two, up to twelve million dollars annually, and for the period January first, two thousand three through December thirty-first, two thousand three, up to forty million dollars; and (v) from the pool or the health care reform act (HCRA) resources fund, whichever is applicable, for the periods January first, two thousand four through December thirty-first, two thousand four, up to fifty-six million dollars, for the period January first, two thousand five through December thirty-first, two thousand six, up to sixty million dollars annually, for the period January first, two thousand seven through December thirty-first, two thousand ten, up to sixty million dollars annually, for the period January first, two thousand eleven through March thirty-first, two thousand eleven, up to fifteen million dollars, each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, up to forty-two million three hundred thousand dollars and up to forty-one million fifty thousand dollars each state fiscal year for the period April first, two thousand fourteen through March thirty-first, two thousand [twenty- three] TWENTY-SIX. (m) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of distributions pursuant to section twenty-eight hundred seven-r of this article for cancer related services from the respective health care initiatives pools or the health care reform act (HCRA) resources fund, whichever is applicable, established for the following periods in the following percentage amounts of funds remaining after allocations in accordance with paragraphs (a) through (f) of this subdivision, and for periods on and after January first, two thousand, in the following amounts: (i) from the pool for the period January first, nineteen hundred nine- ty-seven through December thirty-first, nineteen hundred ninety-seven, seven and ninety-four-hundredths percent; (ii) from the pool for the period January first, nineteen hundred ninety-eight through December thirty-first, nineteen hundred ninety- eight, seven and ninety-four-hundredths percent; (iii) from the pool for the period January first, nineteen hundred ninety-nine and December thirty-first, nineteen hundred ninety-nine, six and forty-five-hundredths percent; (iv) from the pool for the period January first, two thousand through December thirty-first, two thousand two, up to ten million dollars on an annual basis; (v) from the pool for the period January first, two thousand three through December thirty-first, two thousand four, up to eight million nine hundred fifty thousand dollars on an annual basis; (vi) from the pool or the health care reform act (HCRA) resources fund, whichever is applicable, for the period January first, two thou- S. 4007 38 A. 3007 sand five through December thirty-first, two thousand six, up to ten million fifty thousand dollars on an annual basis, for the period Janu- ary first, two thousand seven through December thirty-first, two thou- sand ten, up to nineteen million dollars annually, and for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven, up to four million seven hundred fifty thousand dollars. (n) Funds shall be accumulated and transferred from the health care reform act (HCRA) resources fund as follows: for the period April first, two thousand seven through March thirty-first, two thousand eight, and on an annual basis for the periods April first, two thousand eight through November thirtieth, two thousand nine, funds within amounts appropriated shall be transferred and deposited and credited to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, for purposes of funding the state share of rate adjustments made to public and voluntary hospitals in accordance with paragraphs (i) and (j) of subdivision one of section twenty-eight hundred seven-c of this article. 2. Notwithstanding any inconsistent provision of law, rule or regu- lation, any funds accumulated in the health care initiatives pools pursuant to paragraph (b) of subdivision nine of section twenty-eight hundred seven-j of this article, as a result of surcharges, assessments or other obligations during the periods January first, nineteen hundred ninety-seven through December thirty-first, nineteen hundred ninety- nine, which are unused or uncommitted for distributions pursuant to this section shall be reserved and accumulated from year to year by the commissioner and, within amounts appropriated, transferred and deposited into the special revenue funds - other, miscellaneous special revenue fund - 339, child health insurance account or any successor fund or account, for purposes of distributions to implement the child health insurance program established pursuant to sections twenty-five hundred ten and twenty-five hundred eleven of this chapter for periods on and after January first, two thousand one; provided, however, funds reserved and accumulated for priority distributions pursuant to subparagraph (iii) of paragraph (c) of subdivision one of this section shall not be transferred and deposited into such account pursuant to this subdivi- sion; and provided further, however, that any unused or uncommitted pool funds accumulated and allocated pursuant to paragraph (j) of subdivision one of this section shall be distributed for purposes of the health information and quality improvement act of 2000. 3. Revenue from distributions pursuant to this section shall not be included in gross revenue received for purposes of the assessments pursuant to subdivision eighteen of section twenty-eight hundred seven-c of this article, subject to the provisions of paragraph (e) of subdivi- sion eighteen of section twenty-eight hundred seven-c of this article, and shall not be included in gross revenue received for purposes of the assessments pursuant to section twenty-eight hundred seven-d of this article, subject to the provisions of subdivision twelve of section twenty-eight hundred seven-d of this article. § 6. Subdivision 5-a of section 2807-m of the public health law, as amended by section 6 of part Y of chapter 56 of the laws of 2020, is amended to read as follows: 5-a. Graduate medical education innovations pool. (a) Supplemental distributions. (i) Thirty-one million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, shall be set aside and reserved by the commissioner from the regional pools established pursuant to subdivision two of this section S. 4007 39 A. 3007 and shall be available for distributions pursuant to subdivision five of this section and in accordance with section 86-1.89 of title 10 of the codes, rules and regulations of the state of New York as in effect on January first, two thousand eight; provided, however, for purposes of funding the empire clinical research investigation program (ECRIP) in accordance with paragraph eight of subdivision (e) and paragraph two of subdivision (f) of section 86-1.89 of title 10 of the codes, rules and regulations of the state of New York, distributions shall be made using two regions defined as New York city and the rest of the state and the dollar amount set forth in subparagraph (i) of paragraph two of subdivi- sion (f) of section 86-1.89 of title 10 of the codes, rules and regu- lations of the state of New York shall be increased from sixty thousand dollars to seventy-five thousand dollars. (ii) For periods on and after January first, two thousand nine, supplemental distributions pursuant to subdivision five of this section and in accordance with section 86-1.89 of title 10 of the codes, rules and regulations of the state of New York shall no longer be made and the provisions of section 86-1.89 of title 10 of the codes, rules and regu- lations of the state of New York shall be null and void. (b) Empire clinical research investigator program (ECRIP). Nine million one hundred twenty thousand dollars annually for the period January first, two thousand nine through December thirty-first, two thousand ten, and two million two hundred eighty thousand dollars for the period January first, two thousand eleven, through March thirty- first, two thousand eleven, nine million one hundred twenty thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, up to eight million six hundred twelve thousand dollars each state fiscal year for the period April first, two thousand fourteen through March thirty- first, two thousand seventeen, up to eight million six hundred twelve thousand dollars each state fiscal year for the period April first, two thousand seventeen through March thirty-first, two thousand twenty, [and] up to eight million six hundred twelve thousand dollars each state fiscal year for the period April first, two thousand twenty through March thirty-first, two thousand twenty-three, AND UP TO EIGHT MILLION SIX HUNDRED TWELVE THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERI- OD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, shall be set aside and reserved by the commis- sioner from the regional pools established pursuant to subdivision two of this section to be allocated regionally with two-thirds of the avail- able funding going to New York city and one-third of the available fund- ing going to the rest of the state and shall be available for distrib- ution as follows: Distributions shall first be made to consortia and teaching general hospitals for the empire clinical research investigator program (ECRIP) to help secure federal funding for biomedical research, train clinical researchers, recruit national leaders as faculty to act as mentors, and train residents and fellows in biomedical research skills based on hospital-specific data submitted to the commissioner by consortia and teaching general hospitals in accordance with clause (G) of this subpar- agraph. Such distributions shall be made in accordance with the follow- ing methodology: (A) The greatest number of clinical research positions for which a consortium or teaching general hospital may be funded pursuant to this subparagraph shall be one percent of the total number of residents training at the consortium or teaching general hospital on July first, S. 4007 40 A. 3007 two thousand eight for the period January first, two thousand nine through December thirty-first, two thousand nine rounded up to the near- est one position. (B) Distributions made to a consortium or teaching general hospital shall equal the product of the total number of clinical research posi- tions submitted by a consortium or teaching general hospital and accepted by the commissioner as meeting the criteria set forth in para- graph (b) of subdivision one of this section, subject to the reduction calculation set forth in clause (C) of this subparagraph, times one hundred ten thousand dollars. (C) If the dollar amount for the total number of clinical research positions in the region calculated pursuant to clause (B) of this subparagraph exceeds the total amount appropriated for purposes of this paragraph, including clinical research positions that continue from and were funded in prior distribution periods, the commissioner shall elimi- nate one-half of the clinical research positions submitted by each consortium or teaching general hospital rounded down to the nearest one position. Such reduction shall be repeated until the dollar amount for the total number of clinical research positions in the region does not exceed the total amount appropriated for purposes of this paragraph. If the repeated reduction of the total number of clinical research posi- tions in the region by one-half does not render a total funding amount that is equal to or less than the total amount reserved for that region within the appropriation, the funding for each clinical research posi- tion in that region shall be reduced proportionally in one thousand dollar increments until the total dollar amount for the total number of clinical research positions in that region does not exceed the total amount reserved for that region within the appropriation. Any reduction in funding will be effective for the duration of the award. No clinical research positions that continue from and were funded in prior distrib- ution periods shall be eliminated or reduced by such methodology. (D) Each consortium or teaching general hospital shall receive its annual distribution amount in accordance with the following: (I) Each consortium or teaching general hospital with a one-year ECRIP award shall receive its annual distribution amount in full upon completion of the requirements set forth in items (I) and (II) of clause (G) of this subparagraph. The requirements set forth in items (IV) and (V) of clause (G) of this subparagraph must be completed by the consor- tium or teaching general hospital in order for the consortium or teach- ing general hospital to be eligible to apply for ECRIP funding in any subsequent funding cycle. (II) Each consortium or teaching general hospital with a two-year ECRIP award shall receive its first annual distribution amount in full upon completion of the requirements set forth in items (I) and (II) of clause (G) of this subparagraph. Each consortium or teaching general hospital will receive its second annual distribution amount in full upon completion of the requirements set forth in item (III) of clause (G) of this subparagraph. The requirements set forth in items (IV) and (V) of clause (G) of this subparagraph must be completed by the consortium or teaching general hospital in order for the consortium or teaching gener- al hospital to be eligible to apply for ECRIP funding in any subsequent funding cycle. (E) Each consortium or teaching general hospital receiving distrib- utions pursuant to this subparagraph shall reserve seventy-five thousand dollars to primarily fund salary and fringe benefits of the clinical research position with the remainder going to fund the development of S. 4007 41 A. 3007 faculty who are involved in biomedical research, training and clinical care. (F) Undistributed or returned funds available to fund clinical research positions pursuant to this paragraph for a distribution period shall be available to fund clinical research positions in a subsequent distribution period. (G) In order to be eligible for distributions pursuant to this subpar- agraph, each consortium and teaching general hospital shall provide to the commissioner by July first of each distribution period, the follow- ing data and information on a hospital-specific basis. Such data and information shall be certified as to accuracy and completeness by the chief executive officer, chief financial officer or chair of the consor- tium governing body of each consortium or teaching general hospital and shall be maintained by each consortium and teaching general hospital for five years from the date of submission: (I) For each clinical research position, information on the type, scope, training objectives, institutional support, clinical research experience of the sponsor-mentor, plans for submitting research outcomes to peer reviewed journals and at scientific meetings, including a meet- ing sponsored by the department, the name of a principal contact person responsible for tracking the career development of researchers placed in clinical research positions, as defined in paragraph (c) of subdivision one of this section, and who is authorized to certify to the commission- er that all the requirements of the clinical research training objec- tives set forth in this subparagraph shall be met. Such certification shall be provided by July first of each distribution period; (II) For each clinical research position, information on the name, citizenship status, medical education and training, and medical license number of the researcher, if applicable, shall be provided by December thirty-first of the calendar year following the distribution period; (III) Information on the status of the clinical research plan, accom- plishments, changes in research activities, progress, and performance of the researcher shall be provided upon completion of one-half of the award term; (IV) A final report detailing training experiences, accomplishments, activities and performance of the clinical researcher, and data, meth- ods, results and analyses of the clinical research plan shall be provided three months after the clinical research position ends; and (V) Tracking information concerning past researchers, including but not limited to (A) background information, (B) employment history, (C) research status, (D) current research activities, (E) publications and presentations, (F) research support, and (G) any other information necessary to track the researcher; and (VI) Any other data or information required by the commissioner to implement this subparagraph. (H) Notwithstanding any inconsistent provision of this subdivision, for periods on and after April first, two thousand thirteen, ECRIP grant awards shall be made in accordance with rules and regulations promulgat- ed by the commissioner. Such regulations shall, at a minimum: (1) provide that ECRIP grant awards shall be made with the objective of securing federal funding for biomedical research, training clinical researchers, recruiting national leaders as faculty to act as mentors, and training residents and fellows in biomedical research skills; (2) provide that ECRIP grant applicants may include interdisciplinary research teams comprised of teaching general hospitals acting in collab- S. 4007 42 A. 3007 oration with entities including but not limited to medical centers, hospitals, universities and local health departments; (3) provide that applications for ECRIP grant awards shall be based on such information requested by the commissioner, which shall include but not be limited to hospital-specific data; (4) establish the qualifications for investigators and other staff required for grant projects eligible for ECRIP grant awards; and (5) establish a methodology for the distribution of funds under ECRIP grant awards. (c) Physician loan repayment program. One million nine hundred sixty thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, one million nine hundred sixty thousand dollars for the period January first, two thou- sand nine through December thirty-first, two thousand nine, one million nine hundred sixty thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, four hundred ninety thousand dollars for the period January first, two thou- sand eleven through March thirty-first, two thousand eleven, one million seven hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thou- sand fourteen, up to one million seven hundred five thousand dollars each state fiscal year for the period April first, two thousand fourteen through March thirty-first, two thousand seventeen, up to one million seven hundred five thousand dollars each state fiscal year for the peri- od April first, two thousand seventeen through March thirty-first, two thousand twenty, [and] up to one million seven hundred five thousand dollars each state fiscal year for the period April first, two thousand twenty through March thirty-first, two thousand twenty-three, AND UP TO ONE MILLION SEVEN HUNDRED FIVE THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, shall be set aside and reserved by the commissioner from the regional pools established pursuant to subdivision two of this section and shall be available for purposes of physician loan repayment in accordance with subdivision ten of this section. Notwithstanding any contrary provision of this section, sections one hundred twelve and one hundred sixty-three of the state finance law, or any other contrary provision of law, such funding shall be allocated regionally with one-third of available funds going to New York city and two-thirds of available funds going to the rest of the state and shall be distributed in a manner to be determined by the commissioner without a competitive bid or request for proposal process as follows: (i) Funding shall first be awarded to repay loans of up to twenty-five physicians who train in primary care or specialty tracks in teaching general hospitals, and who enter and remain in primary care or specialty practices in underserved communities, as determined by the commissioner. (ii) After distributions in accordance with subparagraph (i) of this paragraph, all remaining funds shall be awarded to repay loans of physi- cians who enter and remain in primary care or specialty practices in underserved communities, as determined by the commissioner, including but not limited to physicians working in general hospitals, or other health care facilities. (iii) In no case shall less than fifty percent of the funds available pursuant to this paragraph be distributed in accordance with subpara- graphs (i) and (ii) of this paragraph to physicians identified by gener- al hospitals. S. 4007 43 A. 3007 (iv) In addition to the funds allocated under this paragraph, for the period April first, two thousand fifteen through March thirty-first, two thousand sixteen, two million dollars shall be available for the purposes described in subdivision ten of this section; (v) In addition to the funds allocated under this paragraph, for the period April first, two thousand sixteen through March thirty-first, two thousand seventeen, two million dollars shall be available for the purposes described in subdivision ten of this section; (vi) Notwithstanding any provision of law to the contrary, and subject to the extension of the Health Care Reform Act of 1996, sufficient funds shall be available for the purposes described in subdivision ten of this section in amounts necessary to fund the remaining year commitments for awards made pursuant to subparagraphs (iv) and (v) of this paragraph. (d) Physician practice support. Four million nine hundred thousand dollars for the period January first, two thousand eight through Decem- ber thirty-first, two thousand eight, four million nine hundred thousand dollars annually for the period January first, two thousand nine through December thirty-first, two thousand ten, one million two hundred twen- ty-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, four million three hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thou- sand fourteen, up to four million three hundred sixty thousand dollars each state fiscal year for the period April first, two thousand fourteen through March thirty-first, two thousand seventeen, up to four million three hundred sixty thousand dollars for each state fiscal year for the period April first, two thousand seventeen through March thirty-first, two thousand twenty, [and] up to four million three hundred sixty thou- sand dollars for each fiscal year for the period April first, two thou- sand twenty through March thirty-first, two thousand twenty-three, AND UP TO FOUR MILLION THREE HUNDRED SIXTY THOUSAND DOLLARS FOR EACH FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, shall be set aside and reserved by the commissioner from the regional pools established pursuant to subdivision two of this section and shall be available for purposes of physician practice support. Notwithstanding any contrary provision of this section, sections one hundred twelve and one hundred sixty-three of the state finance law, or any other contrary provision of law, such funding shall be allocated regionally with one-third of available funds going to New York city and two-thirds of available funds going to the rest of the state and shall be distributed in a manner to be determined by the commissioner without a competitive bid or request for proposal process as follows: (i) Preference in funding shall first be accorded to teaching general hospitals for up to twenty-five awards, to support costs incurred by physicians trained in primary or specialty tracks who thereafter estab- lish or join practices in underserved communities, as determined by the commissioner. (ii) After distributions in accordance with subparagraph (i) of this paragraph, all remaining funds shall be awarded to physicians to support the cost of establishing or joining practices in underserved communi- ties, as determined by the commissioner, and to hospitals and other health care providers to recruit new physicians to provide services in underserved communities, as determined by the commissioner. S. 4007 44 A. 3007 (iii) In no case shall less than fifty percent of the funds available pursuant to this paragraph be distributed to general hospitals in accordance with subparagraphs (i) and (ii) of this paragraph. (e) Work group. For funding available pursuant to paragraphs (c) [and], (d) AND (e) of this subdivision: (i) The department shall appoint a work group from recommendations made by associations representing physicians, general hospitals and other health care facilities to develop a streamlined application proc- ess by June first, two thousand twelve. (ii) Subject to available funding, applications shall be accepted on a continuous basis. The department shall provide technical assistance to applicants to facilitate their completion of applications. An applicant shall be notified in writing by the department within ten days of receipt of an application as to whether the application is complete and if the application is incomplete, what information is outstanding. The department shall act on an application within thirty days of receipt of a complete application. (f) Study on physician workforce. Five hundred ninety thousand dollars annually for the period January first, two thousand eight through Decem- ber thirty-first, two thousand ten, one hundred forty-eight thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, five hundred sixteen thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, up to four hundred eighty-seven thousand dollars each state fiscal year for the period April first, two thousand fourteen through March thirty-first, two thou- sand seventeen, up to four hundred eighty-seven thousand dollars for each state fiscal year for the period April first, two thousand seven- teen through March thirty-first, two thousand twenty, [and] up to four hundred eighty-seven thousand dollars each state fiscal year for the period April first, two thousand twenty through March thirty-first, two thousand twenty-three, AND UP TO FOUR HUNDRED EIGHTY-SEVEN THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, shall be set aside and reserved by the commissioner from the regional pools established pursuant to subdivision two of this section and shall be available to fund a study of physician workforce needs and solutions including, but not limited to, an analysis of residency programs and projected physician workforce and community needs. The commissioner shall enter into agreements with one or more organizations to conduct such study based on a request for proposal process. (g) Diversity in medicine/post-baccalaureate program. Notwithstanding any inconsistent provision of section one hundred twelve or one hundred sixty-three of the state finance law or any other law, one million nine hundred sixty thousand dollars annually for the period January first, two thousand eight through December thirty-first, two thousand ten, four hundred ninety thousand dollars for the period January first, two thou- sand eleven through March thirty-first, two thousand eleven, one million seven hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thou- sand fourteen, up to one million six hundred five thousand dollars each state fiscal year for the period April first, two thousand fourteen through March thirty-first, two thousand seventeen, up to one million six hundred five thousand dollars each state fiscal year for the period April first, two thousand seventeen through March thirty-first, two thousand twenty, [and] up to one million six hundred five thousand S. 4007 45 A. 3007 dollars each state fiscal year for the period April first, two thousand twenty through March thirty-first, two thousand twenty-three, AND UP TO ONE MILLION SIX HUNDRED FIVE THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY- FIRST, TWO THOUSAND TWENTY-SIX, shall be set aside and reserved by the commissioner from the regional pools established pursuant to subdivision two of this section and shall be available for distributions to the Associated Medical Schools of New York to fund its diversity program including existing and new post-baccalaureate programs for minority and economically disadvantaged students and encourage participation from all medical schools in New York. The associated medical schools of New York shall report to the commissioner on an annual basis regarding the use of funds for such purpose in such form and manner as specified by the commissioner. (h) In the event there are undistributed funds within amounts made available for distributions pursuant to this subdivision, such funds may be reallocated and distributed in current or subsequent distribution periods in a manner determined by the commissioner for any purpose set forth in this subdivision. § 7. Subdivision 4-c of section 2807-p of the public health law, as amended by section 10 of part Y of chapter 56 of the laws of 2020, is amended to read as follows: 4-c. Notwithstanding any provision of law to the contrary, the commis- sioner shall make additional payments for uncompensated care to volun- tary non-profit diagnostic and treatment centers that are eligible for distributions under subdivision four of this section in the following amounts: for the period June first, two thousand six through December thirty-first, two thousand six, in the amount of seven million five hundred thousand dollars, for the period January first, two thousand seven through December thirty-first, two thousand seven, seven million five hundred thousand dollars, for the period January first, two thou- sand eight through December thirty-first, two thousand eight, seven million five hundred thousand dollars, for the period January first, two thousand nine through December thirty-first, two thousand nine, fifteen million five hundred thousand dollars, for the period January first, two thousand ten through December thirty-first, two thousand ten, seven million five hundred thousand dollars, for the period January first, two thousand eleven though December thirty-first, two thousand eleven, seven million five hundred thousand dollars, for the period January first, two thousand twelve through December thirty-first, two thousand twelve, seven million five hundred thousand dollars, for the period January first, two thousand thirteen through December thirty-first, two thousand thirteen, seven million five hundred thousand dollars, for the period January first, two thousand fourteen through December thirty-first, two thousand fourteen, seven million five hundred thousand dollars, for the period January first, two thousand fifteen through December thirty- first, two thousand fifteen, seven million five hundred thousand dollars, for the period January first two thousand sixteen through December thirty-first, two thousand sixteen, seven million five hundred thousand dollars, for the period January first, two thousand seventeen through December thirty-first, two thousand seventeen, seven million five hundred thousand dollars, for the period January first, two thou- sand eighteen through December thirty-first, two thousand eighteen, seven million five hundred thousand dollars, for the period January first, two thousand nineteen through December thirty-first, two thousand nineteen, seven million five hundred thousand dollars, for the period S. 4007 46 A. 3007 January first, two thousand twenty through December thirty-first, two thousand twenty, seven million five hundred thousand dollars, for the period January first, two thousand twenty-one through December thirty- first, two thousand twenty-one, seven million five hundred thousand dollars, for the period January first, two thousand twenty-two through December thirty-first, two thousand twenty-two, seven million five hundred thousand dollars, FOR THE PERIOD JANUARY FIRST, TWO THOUSAND TWENTY-THREE THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS, FOR THE PERIOD JANUARY FIRST, TWO THOUSAND TWENTY-FOUR THROUGH DECEMBER THIRTY-FIRST, TWO THOU- SAND TWENTY-FOUR, SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS, FOR THE PERIOD JANUARY FIRST, TWO THOUSAND TWENTY-FIVE THROUGH DECEMBER THIRTY- FIRST, TWO THOUSAND TWENTY-FIVE, SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS, and for the period January first, two thousand [twenty-three] TWENTY-SIX through March thirty-first, two thousand [twenty-three] TWEN- TY-SIX, in the amount of one million six hundred thousand dollars, provided, however, that for periods on and after January first, two thousand eight, such additional payments shall be distributed to volun- tary, non-profit diagnostic and treatment centers and to public diagnos- tic and treatment centers in accordance with paragraph (g) of subdivi- sion four of this section. In the event that federal financial participation is available for rate adjustments pursuant to this section, the commissioner shall make such payments as additional adjust- ments to rates of payment for voluntary non-profit diagnostic and treat- ment centers that are eligible for distributions under subdivision four-a of this section in the following amounts: for the period June first, two thousand six through December thirty-first, two thousand six, fifteen million dollars in the aggregate, and for the period January first, two thousand seven through June thirtieth, two thousand seven, seven million five hundred thousand dollars in the aggregate. The amounts allocated pursuant to this paragraph shall be aggregated with and distributed pursuant to the same methodology applicable to the amounts allocated to such diagnostic and treatment centers for such periods pursuant to subdivision four of this section if federal finan- cial participation is not available, or pursuant to subdivision four-a of this section if federal financial participation is available. Notwithstanding section three hundred sixty-eight-a of the social services law, there shall be no local share in a medical assistance payment adjustment under this subdivision. § 8. Subparagraph (xv) of paragraph (a) of subdivision 6 of section 2807-s of the public health law, as amended by section 11 of part Y of chapter 56 of the laws of 2020, is amended and a new subparagraph (xvi) is added to read as follows: (xv) A gross annual statewide amount for the period January first, two thousand fifteen through December thirty-first, two thousand [twenty- three] TWENTY-TWO, shall be one billion forty-five million dollars. (XVI) A GROSS ANNUAL STATEWIDE AMOUNT FOR THE PERIOD JANUARY FIRST, TWO THOUSAND TWENTY-THREE TO DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN- TY-SIX SHALL BE ONE BILLION EIGHTY-FIVE MILLION DOLLARS, FORTY MILLION DOLLARS ANNUALLY OF WHICH SHALL BE ALLOCATED UNDER SECTION TWENTY-EIGHT HUNDRED SEVEN-O OF THIS ARTICLE AMONG THE MUNICIPALITIES OF AND THE STATE OF NEW YORK BASED ON EACH MUNICIPALITY'S SHARE AND THE STATE'S SHARE OF EARLY INTERVENTION PROGRAM EXPENDITURES NOT REIMBURSABLE BY THE MEDICAL ASSISTANCE PROGRAM FOR THE LATEST TWELVE MONTH PERIOD FOR WHICH SUCH DATA IS AVAILABLE. S. 4007 47 A. 3007 § 9. Paragraph (g) of subdivision 6 of section 2807-s of the public health law, as added by chapter 820 of the laws of 2021, is amended to read as follows: (g) A further gross statewide amount for the state fiscal year two thousand twenty-two [and each state fiscal year thereafter] shall be forty million dollars. § 10. Subparagraph (xiii) of paragraph (a) of subdivision 7 of section 2807-s of the public health law, as amended by section 12 of part Y of chapter 56 of the laws of 2020, is amended to read as follows: (xiii) twenty-three million eight hundred thirty-six thousand dollars each state fiscal year for the period April first, two thousand twelve through March thirty-first, two thousand [twenty-three] TWENTY-SIX; § 11. Subdivision 6 of section 2807-t of the public health law, as amended by section 13 of part Y of chapter 56 of the laws of 2020, is amended to read as follows: 6. Prospective adjustments. (a) The commissioner shall annually recon- cile the sum of the actual payments made to the commissioner or the commissioner's designee for each region pursuant to section twenty-eight hundred seven-s of this article and pursuant to this section for the prior year with the regional allocation of the gross annual statewide amount specified in subdivision six of section twenty-eight hundred seven-s of this article for such prior year. The difference between the actual amount raised for a region and the regional allocation of the specified gross annual amount for such prior year shall be applied as a prospective adjustment to the regional allocation of the specified gross annual payment amount for such region for the year next following the calculation of the reconciliation. The authorized dollar value of the adjustments shall be the same as if calculated retrospectively. (b) Notwithstanding the provisions of paragraph (a) of this subdivi- sion, for covered lives assessment rate periods on and after January first, two thousand fifteen through December thirty-first, two thousand [twenty-three] TWENTY-ONE, for amounts collected in the aggregate in excess of one billion forty-five million dollars on an annual basis, AND FOR THE PERIOD JANUARY FIRST, TWO THOUSAND TWENTY-TWO TO DECEMBER THIR- TY-FIRST, TWO THOUSAND TWENTY-SIX FOR AMOUNTS COLLECTED IN THE AGGREGATE IN EXCESS OF ONE BILLION EIGHTY-FIVE MILLION DOLLARS ON AN ANNUAL BASIS, prospective adjustments shall be suspended if the annual reconciliation calculation from the prior year would otherwise result in a decrease to the regional allocation of the specified gross annual payment amount for that region, provided, however, that such suspension shall be lifted upon a determination by the commissioner, in consultation with the director of the budget, that sixty-five million dollars in aggregate collections on an annual basis over and above one billion forty-five million dollars on an annual basis FOR THE PERIOD ON AND AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE AND FOR THE PERIOD JANUARY FIRST, TWO THOUSAND TWENTY-TWO TO DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX FOR AMOUNTS COLLECTED IN THE AGGREGATE IN EXCESS OF ONE BILLION EIGHTY-FIVE MILLION DOLLARS ON AN ANNUAL BASIS have been reserved and set aside for deposit in the HCRA resources fund. Any amounts collected in the aggregate at or below one billion forty-five million dollars on an annual basis FOR THE PERIOD ON AND AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN THROUGH DECEMBER THIRTY- FIRST, TWO THOUSAND TWENTY-TWO, AND FOR THE PERIOD JANUARY FIRST, TWO THOUSAND TWENTY-THREE TO DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX FOR AMOUNTS COLLECTED IN THE AGGREGATE IN EXCESS OF ONE BILLION EIGHTY- FIVE MILLION DOLLARS ON AN ANNUAL BASIS, shall be subject to regional S. 4007 48 A. 3007 adjustments reconciling any decreases or increases to the regional allo- cation in accordance with paragraph (a) of this subdivision. § 12. Section 2807-v of the public health law, as amended by section 14 of part Y of chapter 56 of the laws of 2020, is amended to read as follows: § 2807-v. Tobacco control and insurance initiatives pool distrib- utions. 1. Funds accumulated in the tobacco control and insurance initiatives pool or in the health care reform act (HCRA) resources fund established pursuant to section ninety-two-dd of the state finance law, whichever is applicable, including income from invested funds, shall be distributed or retained by the commissioner or by the state comptroller, as applicable, in accordance with the following: (a) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medicaid fraud hotline and medicaid administration account, or any successor fund or account, for purposes of services and expenses related to the toll-free medicaid fraud hotline established pursuant to section one hundred eight of chap- ter one of the laws of nineteen hundred ninety-nine from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: four hundred thousand dollars annually for the periods January first, two thousand through December thirty- first, two thousand two, up to four hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three, up to four hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four, up to four hundred thousand dollars for the period Janu- ary first, two thousand five through December thirty-first, two thousand five, up to four hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six, up to four hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, up to four hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, up to four hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine, up to four hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, up to one hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven and within amounts appropriated on and after April first, two thousand eleven. (b) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of payment of audits or audit contracts necessary to determine payor and provider compliance with requirements set forth in sections twenty-eight hundred seven-j, twenty-eight hundred seven-s and twenty-eight hundred seven-t of this article from the tobacco control and insurance initi- atives pool established for the following periods in the following amounts: five million six hundred thousand dollars annually for the periods January first, two thousand through December thirty-first, two thousand two, up to five million dollars for the period January first, two thousand three through December thirty-first, two thousand three, up to five million dollars for the period January first, two thousand four through December thirty-first, two thousand four, up to five million dollars for the period January first, two thousand five through December S. 4007 49 A. 3007 thirty-first, two thousand five, up to five million dollars for the period January first, two thousand six through December thirty-first, two thousand six, up to seven million eight hundred thousand dollars for the period January first, two thousand seven through December thirty- first, two thousand seven, and up to eight million three hundred twen- ty-five thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, up to eight million five hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine, up to eight million five hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, up to two million one hundred twenty-five thousand dollars for the peri- od January first, two thousand eleven through March thirty-first, two thousand eleven, up to fourteen million seven hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, up to eleven million one hundred thousand dollars each state fiscal year for the period April first, two thousand fourteen through March thirty-first, two thousand seventeen, up to eleven million one hundred thousand dollars each state fiscal year for the period April first, two thousand seventeen through March thirty-first, two thousand twenty, [and] up to eleven million one hundred thousand dollars each state fiscal year for the period April first, two thousand twenty through March thirty-first, two thousand twenty-three, AND UP TO ELEVEN MILLION ONE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. (c) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, enhanced community services account, or any successor fund or account, for mental health services programs for case management services for adults and children; supported housing; home and community based waiver services; family based treat- ment; family support services; mobile mental health teams; transitional housing; and community oversight, established pursuant to articles seven and forty-one of the mental hygiene law and subdivision nine of section three hundred sixty-six of the social services law; and for comprehen- sive care centers for eating disorders pursuant to the former section twenty-seven hundred ninety-nine-l of this chapter, provided however that, for such centers, funds in the amount of five hundred thousand dollars on an annualized basis shall be transferred from the enhanced community services account, or any successor fund or account, and depos- ited into the fund established by section ninety-five-e of the state finance law; from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) forty-eight million dollars to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand, for the period January first, two thousand through December thirty-first, two thousand; (ii) eighty-seven million dollars to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand one, for the period January first, two thousand one through December thirty- first, two thousand one; (iii) eighty-seven million dollars to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand two, S. 4007 50 A. 3007 for the period January first, two thousand two through December thirty- first, two thousand two; (iv) eighty-eight million dollars to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand three, for the period January first, two thousand three through December thirty-first, two thousand three; (v) eighty-eight million dollars, plus five hundred thousand dollars, to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand four, and pursuant to the former section twenty-seven hundred ninety-nine-l of this chapter, for the period Janu- ary first, two thousand four through December thirty-first, two thousand four; (vi) eighty-eight million dollars, plus five hundred thousand dollars, to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand five, and pursuant to the former section twenty-seven hundred ninety-nine-l of this chapter, for the period Janu- ary first, two thousand five through December thirty-first, two thousand five; (vii) eighty-eight million dollars, plus five hundred thousand dollars, to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand six, and pursuant to former section twenty-seven hundred ninety-nine-l of this chapter, for the period January first, two thousand six through December thirty-first, two thousand six; (viii) eighty-six million four hundred thousand dollars, plus five hundred thousand dollars, to be reserved, to be retained or for distrib- ution pursuant to a chapter of the laws of two thousand seven and pursu- ant to the former section twenty-seven hundred ninety-nine-l of this chapter, for the period January first, two thousand seven through Decem- ber thirty-first, two thousand seven; and (ix) twenty-two million nine hundred thirteen thousand dollars, plus one hundred twenty-five thousand dollars, to be reserved, to be retained or for distribution pursuant to a chapter of the laws of two thousand eight and pursuant to the former section twenty-seven hundred ninety- nine-l of this chapter, for the period January first, two thousand eight through March thirty-first, two thousand eight. (d) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of services and expenses related to the family health plus program including up to two and one-half million dollars annually for the period January first, two thousand through December thirty-first, two thousand two, for administration and marketing costs associated with such program established pursuant to clause (A) of subparagraph (v) of paragraph (a) of subdivision two of section three hundred sixty-nine-ee of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) three million five hundred thousand dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) twenty-seven million dollars for the period January first, two thousand one through December thirty-first, two thousand one; and (iii) fifty-seven million dollars for the period January first, two thousand two through December thirty-first, two thousand two. S. 4007 51 A. 3007 (e) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of services and expenses related to the family health plus program including up to two and one-half million dollars annually for the period January first, two thousand through December thirty-first, two thousand two for administration and marketing costs associated with such program established pursuant to clause (B) of subparagraph (v) of paragraph (a) of subdivision two of section three hundred sixty-nine-ee of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) two million five hundred thousand dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) thirty million five hundred thousand dollars for the period Janu- ary first, two thousand one through December thirty-first, two thousand one; and (iii) sixty-six million dollars for the period January first, two thousand two through December thirty-first, two thousand two. (f) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medicaid fraud hotline and medicaid administration account, or any successor fund or account, for purposes of payment of administrative expenses of the department related to the family health plus program established pursuant to section three hundred sixty-nine-ee of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: five hundred thousand dollars on an annual basis for the periods January first, two thousand through Decem- ber thirty-first, two thousand six, five hundred thousand dollars for the period January first, two thousand seven through December thirty- first, two thousand seven, and five hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, five hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine, five hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, one hundred twenty-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven and within amounts appropriated on and after April first, two thousand elev- en. (g) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of services and expenses related to the health maintenance organization direct pay market program established pursuant to sections forty-three hundred twenty-one-a and forty-three hundred twenty-two-a of the insur- ance law from the tobacco control and insurance initiatives pool estab- lished for the following periods in the following amounts: (i) up to thirty-five million dollars for the period January first, two thousand through December thirty-first, two thousand of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; S. 4007 52 A. 3007 (ii) up to thirty-six million dollars for the period January first, two thousand one through December thirty-first, two thousand one of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (iii) up to thirty-nine million dollars for the period January first, two thousand two through December thirty-first, two thousand two of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (iv) up to forty million dollars for the period January first, two thousand three through December thirty-first, two thousand three of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (v) up to forty million dollars for the period January first, two thousand four through December thirty-first, two thousand four of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (vi) up to forty million dollars for the period January first, two thousand five through December thirty-first, two thousand five of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (vii) up to forty million dollars for the period January first, two thousand six through December thirty-first, two thousand six of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; (viii) up to forty million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven of which fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty percentum shall be allocated to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law; and (ix) up to forty million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight of which fifty per centum shall be allocated to the program pursuant to section four thousand three hundred twenty-one-a of the insurance law and fifty per centum shall be allocated to the program pursuant to section four thousand three hundred twenty-two-a of the insurance law. (h) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of services and expenses related to the healthy New York individual program established pursuant to sections four thousand three hundred twenty-six and four thousand three hundred twenty-seven of the insurance law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: S. 4007 53 A. 3007 (i) up to six million dollars for the period January first, two thou- sand one through December thirty-first, two thousand one; (ii) up to twenty-nine million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (iii) up to five million one hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iv) up to twenty-four million six hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (v) up to thirty-four million six hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vi) up to fifty-four million eight hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vii) up to sixty-one million seven hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; and (viii) up to one hundred three million seven hundred fifty thousand dollars for the period January first, two thousand eight through Decem- ber thirty-first, two thousand eight. (i) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of services and expenses related to the healthy New York group program established pursuant to sections four thousand three hundred twenty-six and four thousand three hundred twenty-seven of the insurance law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to thirty-four million dollars for the period January first, two thousand one through December thirty-first, two thousand one; (ii) up to seventy-seven million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (iii) up to ten million five hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iv) up to twenty-four million six hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (v) up to thirty-four million six hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vi) up to fifty-four million eight hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vii) up to sixty-one million seven hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; and (viii) up to one hundred three million seven hundred fifty thousand dollars for the period January first, two thousand eight through Decem- ber thirty-first, two thousand eight. (i-1) Notwithstanding the provisions of paragraphs (h) and (i) of this subdivision, the commissioner shall reserve and accumulate up to two million five hundred thousand dollars annually for the periods January first, two thousand four through December thirty-first, two thousand six, one million four hundred thousand dollars for the period January S. 4007 54 A. 3007 first, two thousand seven through December thirty-first, two thousand seven, two million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, from funds otherwise available for distribution under such paragraphs for the services and expenses related to the pilot program for entertainment industry employees included in subsection (b) of section one thousand one hundred twenty-two of the insurance law, and an additional seven hundred thousand dollars annually for the periods January first, two thousand four through December thirty-first, two thousand six, an addi- tional three hundred thousand dollars for the period January first, two thousand seven through June thirtieth, two thousand seven for services and expenses related to the pilot program for displaced workers included in subsection (c) of section one thousand one hundred twenty-two of the insurance law. (j) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of services and expenses related to the tobacco use prevention and control program established pursuant to sections thirteen hundred nine- ty-nine-ii and thirteen hundred ninety-nine-jj of this chapter, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to thirty million dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) up to forty million dollars for the period January first, two thousand one through December thirty-first, two thousand one; (iii) up to forty million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (iv) up to thirty-six million nine hundred fifty thousand dollars for the period January first, two thousand three through December thirty- first, two thousand three; (v) up to thirty-six million nine hundred fifty thousand dollars for the period January first, two thousand four through December thirty- first, two thousand four; (vi) up to forty million six hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vii) up to eighty-one million nine hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six, provided, however, that within amounts appropriated, a portion of such funds may be transferred to the Roswell Park Cancer Institute Corporation to support costs associated with cancer research; (viii) up to ninety-four million one hundred fifty thousand dollars for the period January first, two thousand seven through December thir- ty-first, two thousand seven, provided, however, that within amounts appropriated, a portion of such funds may be transferred to the Roswell Park Cancer Institute Corporation to support costs associated with cancer research; (ix) up to ninety-four million one hundred fifty thousand dollars for the period January first, two thousand eight through December thirty- first, two thousand eight; (x) up to ninety-four million one hundred fifty thousand dollars for the period January first, two thousand nine through December thirty- first, two thousand nine; (xi) up to eighty-seven million seven hundred seventy-five thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; S. 4007 55 A. 3007 (xii) up to twenty-one million four hundred twelve thousand dollars for the period January first, two thousand eleven through March thirty- first, two thousand eleven; (xiii) up to fifty-two million one hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen; (xiv) up to six million dollars each state fiscal year for the period April first, two thousand fourteen through March thirty-first, two thou- sand seventeen; (xv) up to six million dollars each state fiscal year for the period April first, two thousand seventeen through March thirty-first, two thousand twenty; [and] (xvi) up to six million dollars each state fiscal year for the period April first, two thousand twenty through March thirty-first, two thou- sand twenty-three; AND (XVII) UP TO SIX MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. (k) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, health care services account, or any successor fund or account, for purposes of services and expenses related to public health programs, including comprehensive care centers for eating disorders pursuant to the former section twenty-seven hundred ninety-nine-l of this chapter, provided however that, for such centers, funds in the amount of five hundred thousand dollars on an annualized basis shall be transferred from the health care services account, or any successor fund or account, and deposited into the fund established by section ninety-five-e of the state finance law for periods prior to March thirty-first, two thousand eleven, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to thirty-one million dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) up to forty-one million dollars for the period January first, two thousand one through December thirty-first, two thousand one; (iii) up to eighty-one million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (iv) one hundred twenty-two million five hundred thousand dollars for the period January first, two thousand three through December thirty- first, two thousand three; (v) one hundred eight million five hundred seventy-five thousand dollars, plus an additional five hundred thousand dollars, for the peri- od January first, two thousand four through December thirty-first, two thousand four; (vi) ninety-one million eight hundred thousand dollars, plus an addi- tional five hundred thousand dollars, for the period January first, two thousand five through December thirty-first, two thousand five; (vii) one hundred fifty-six million six hundred thousand dollars, plus an additional five hundred thousand dollars, for the period January first, two thousand six through December thirty-first, two thousand six; (viii) one hundred fifty-one million four hundred thousand dollars, plus an additional five hundred thousand dollars, for the period January first, two thousand seven through December thirty-first, two thousand seven; S. 4007 56 A. 3007 (ix) one hundred sixteen million nine hundred forty-nine thousand dollars, plus an additional five hundred thousand dollars, for the peri- od January first, two thousand eight through December thirty-first, two thousand eight; (x) one hundred sixteen million nine hundred forty-nine thousand dollars, plus an additional five hundred thousand dollars, for the peri- od January first, two thousand nine through December thirty-first, two thousand nine; (xi) one hundred sixteen million nine hundred forty-nine thousand dollars, plus an additional five hundred thousand dollars, for the peri- od January first, two thousand ten through December thirty-first, two thousand ten; (xii) twenty-nine million two hundred thirty-seven thousand two hundred fifty dollars, plus an additional one hundred twenty-five thou- sand dollars, for the period January first, two thousand eleven through March thirty-first, two thousand eleven; (xiii) one hundred twenty million thirty-eight thousand dollars for the period April first, two thousand eleven through March thirty-first, two thousand twelve; and (xiv) one hundred nineteen million four hundred seven thousand dollars each state fiscal year for the period April first, two thousand twelve through March thirty-first, two thousand fourteen. (l) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the personal care and certified home health agency rate or fee increases established pursuant to subdivision three of section three hundred sixty-seven-o of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) twenty-three million two hundred thousand dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) twenty-three million two hundred thousand dollars for the period January first, two thousand one through December thirty-first, two thou- sand one; (iii) twenty-three million two hundred thousand dollars for the period January first, two thousand two through December thirty-first, two thou- sand two; (iv) up to sixty-five million two hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (v) up to sixty-five million two hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (vi) up to sixty-five million two hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vii) up to sixty-five million two hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (viii) up to sixty-five million two hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; and S. 4007 57 A. 3007 (ix) up to sixteen million three hundred thousand dollars for the period January first, two thousand eight through March thirty-first, two thousand eight. (m) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of services and expenses related to home care workers insurance pilot demonstration programs established pursuant to subdivision two of section three hundred sixty-seven-o of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) three million eight hundred thousand dollars for the period Janu- ary first, two thousand through December thirty-first, two thousand; (ii) three million eight hundred thousand dollars for the period Janu- ary first, two thousand one through December thirty-first, two thousand one; (iii) three million eight hundred thousand dollars for the period January first, two thousand two through December thirty-first, two thou- sand two; (iv) up to three million eight hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (v) up to three million eight hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (vi) up to three million eight hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vii) up to three million eight hundred thousand dollars for the peri- od January first, two thousand six through December thirty-first, two thousand six; (viii) up to three million eight hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; and (ix) up to nine hundred fifty thousand dollars for the period January first, two thousand eight through March thirty-first, two thousand eight. (n) Funds shall be transferred by the commissioner and shall be depos- ited to the credit of the special revenue funds - other, miscellaneous special revenue fund - 339, elderly pharmaceutical insurance coverage program premium account authorized pursuant to the provisions of title three of article two of the elder law, or any successor fund or account, for funding state expenses relating to the program from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) one hundred seven million dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) one hundred sixty-four million dollars for the period January first, two thousand one through December thirty-first, two thousand one; (iii) three hundred twenty-two million seven hundred thousand dollars for the period January first, two thousand two through December thirty- first, two thousand two; S. 4007 58 A. 3007 (iv) four hundred thirty-three million three hundred thousand dollars for the period January first, two thousand three through December thir- ty-first, two thousand three; (v) five hundred four million one hundred fifty thousand dollars for the period January first, two thousand four through December thirty- first, two thousand four; (vi) five hundred sixty-six million eight hundred thousand dollars for the period January first, two thousand five through December thirty- first, two thousand five; (vii) six hundred three million one hundred fifty thousand dollars for the period January first, two thousand six through December thirty- first, two thousand six; (viii) six hundred sixty million eight hundred thousand dollars for the period January first, two thousand seven through December thirty- first, two thousand seven; (ix) three hundred sixty-seven million four hundred sixty-three thou- sand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (x) three hundred thirty-four million eight hundred twenty-five thou- sand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (xi) three hundred forty-four million nine hundred thousand dollars for the period January first, two thousand ten through December thirty- first, two thousand ten; (xii) eighty-seven million seven hundred eighty-eight thousand dollars for the period January first, two thousand eleven through March thirty- first, two thousand eleven; (xiii) one hundred forty-three million one hundred fifty thousand dollars for the period April first, two thousand eleven through March thirty-first, two thousand twelve; (xiv) one hundred twenty million nine hundred fifty thousand dollars for the period April first, two thousand twelve through March thirty- first, two thousand thirteen; (xv) one hundred twenty-eight million eight hundred fifty thousand dollars for the period April first, two thousand thirteen through March thirty-first, two thousand fourteen; (xvi) one hundred twenty-seven million four hundred sixteen thousand dollars each state fiscal year for the period April first, two thousand fourteen through March thirty-first, two thousand seventeen; (xvii) one hundred twenty-seven million four hundred sixteen thousand dollars each state fiscal year for the period April first, two thousand seventeen through March thirty-first, two thousand twenty; [and] (xviii) one hundred twenty-seven million four hundred sixteen thousand dollars each state fiscal year for the period April first, two thousand twenty through March thirty-first, two thousand twenty-three; AND (XIX) ONE HUNDRED TWENTY-SEVEN MILLION FOUR HUNDRED SIXTEEN THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. (o) Funds shall be reserved and accumulated and shall be transferred to the Roswell Park Cancer Institute Corporation, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to ninety million dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) up to sixty million dollars for the period January first, two thousand one through December thirty-first, two thousand one; S. 4007 59 A. 3007 (iii) up to eighty-five million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (iv) eighty-five million two hundred fifty thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (v) seventy-eight million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (vi) seventy-eight million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vii) ninety-one million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (viii) seventy-eight million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (ix) seventy-eight million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (x) seventy-eight million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (xi) seventy-eight million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (xii) nineteen million five hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven; (xiii) sixty-nine million eight hundred forty thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen; (xiv) up to ninety-six million six hundred thousand dollars each state fiscal year for the period April first, two thousand fourteen through March thirty-first, two thousand seventeen; (xv) up to ninety-six million six hundred thousand dollars each state fiscal year for the period April first, two thousand seventeen through March thirty-first, two thousand twenty; [and] (xvi) up to ninety-six million six hundred thousand dollars each state fiscal year for the period April first, two thousand twenty through March thirty-first, two thousand twenty-three; AND (XVII) UP TO NINETY-SIX MILLION SIX HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. (p) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, indigent care fund - 068, indigent care account, or any successor fund or account, for purposes of providing a medicaid disproportionate share payment from the high need indigent care adjust- ment pool established pursuant to section twenty-eight hundred seven-w of this article, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) eighty-two million dollars annually for the periods January first, two thousand through December thirty-first, two thousand two; (ii) up to eighty-two million dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iii) up to eighty-two million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (iv) up to eighty-two million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to eighty-two million dollars for the period January first, two thousand six through December thirty-first, two thousand six; S. 4007 60 A. 3007 (vi) up to eighty-two million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) up to eighty-two million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) up to eighty-two million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) up to eighty-two million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (x) up to twenty million five hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven; and (xi) up to eighty-two million dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen. (q) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of providing distributions to eligible school based health centers established pursuant to section eighty-eight of chapter one of the laws of nineteen hundred ninety-nine, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) seven million dollars annually for the period January first, two thousand through December thirty-first, two thousand two; (ii) up to seven million dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iii) up to seven million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (iv) up to seven million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to seven million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vi) up to seven million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) up to seven million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) up to seven million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) up to seven million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (x) up to one million seven hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; (xi) up to five million six hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thir- ty-first, two thousand fourteen; (xii) up to five million two hundred eighty-eight thousand dollars each state fiscal year for the period April first, two thousand fourteen through March thirty-first, two thousand seventeen; (xiii) up to five million two hundred eighty-eight thousand dollars each state fiscal year for the period April first, two thousand seven- teen through March thirty-first, two thousand twenty; [and] (xiv) up to five million two hundred eighty-eight thousand dollars each state fiscal year for the period April first, two thousand twenty through March thirty-first, two thousand twenty-three; AND S. 4007 61 A. 3007 (XV) UP TO FIVE MILLION TWO HUNDRED EIGHTY-EIGHT THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. (r) Funds shall be deposited by the commissioner within amounts appro- priated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of providing distributions for supplemen- tary medical insurance for Medicare part B premiums, physicians services, outpatient services, medical equipment, supplies and other health services, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) forty-three million dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) sixty-one million dollars for the period January first, two thou- sand one through December thirty-first, two thousand one; (iii) sixty-five million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (iv) sixty-seven million five hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (v) sixty-eight million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (vi) sixty-eight million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vii) sixty-eight million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (viii) seventeen million five hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (ix) sixty-eight million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (x) sixty-eight million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (xi) sixty-eight million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (xii) seventeen million dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; and (xiii) sixty-eight million dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen. (s) Funds shall be deposited by the commissioner within amounts appro- priated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of providing distributions pursuant to paragraphs (s-5), (s-6), (s-7) and (s-8) of subdivision eleven of section twenty-eight hundred seven-c of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) eighteen million dollars for the period January first, two thou- sand through December thirty-first, two thousand; (ii) twenty-four million dollars annually for the periods January first, two thousand one through December thirty-first, two thousand two; (iii) up to twenty-four million dollars for the period January first, two thousand three through December thirty-first, two thousand three; S. 4007 62 A. 3007 (iv) up to twenty-four million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (v) up to twenty-four million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (vi) up to twenty-four million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vii) up to twenty-four million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (viii) up to twenty-four million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; and (ix) up to twenty-two million dollars for the period January first, two thousand nine through November thirtieth, two thousand nine. (t) Funds shall be reserved and accumulated from year to year by the commissioner and shall be made available, including income from invested funds: (i) For the purpose of making grants to a state owned and operated medical school which does not have a state owned and operated hospital on site and available for teaching purposes. Notwithstanding sections one hundred twelve and one hundred sixty-three of the state finance law, such grants shall be made in the amount of up to five hundred thousand dollars for the period January first, two thousand through December thirty-first, two thousand; (ii) For the purpose of making grants to medical schools pursuant to section eighty-six-a of chapter one of the laws of nineteen hundred ninety-nine in the sum of up to four million dollars for the period January first, two thousand through December thirty-first, two thousand; and (iii) The funds disbursed pursuant to subparagraphs (i) and (ii) of this paragraph from the tobacco control and insurance initiatives pool are contingent upon meeting all funding amounts established pursuant to paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n), (p), (q), (r) and (s) of this subdivision, paragraph (a) of subdivision nine of section twenty-eight hundred seven-j of this article, and paragraphs (a), (i) and (k) of subdivision one of section twenty-eight hundred seven-l of this article. (u) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of services and expenses related to the nursing home quality improvement demonstration program established pursuant to section twen- ty-eight hundred eight-d of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to twenty-five million dollars for the period beginning April first, two thousand two and ending December thirty-first, two thousand two, and on an annualized basis, for each annual period thereafter beginning January first, two thousand three and ending December thirty- first, two thousand four; (ii) up to eighteen million seven hundred fifty thousand dollars for the period January first, two thousand five through December thirty- first, two thousand five; and S. 4007 63 A. 3007 (iii) up to fifty-six million five hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six. (v) Funds shall be transferred by the commissioner and shall be depos- ited to the credit of the hospital excess liability pool created pursu- ant to section eighteen of chapter two hundred sixty-six of the laws of nineteen hundred eighty-six, or any successor fund or account, for purposes of expenses related to the purchase of excess medical malprac- tice insurance and the cost of administrating the pool, including costs associated with the risk management program established pursuant to section forty-two of part A of chapter one of the laws of two thousand two required by paragraph (a) of subdivision one of section eighteen of chapter two hundred sixty-six of the laws of nineteen hundred eighty-six as may be amended from time to time, from the tobacco control and insur- ance initiatives pool established for the following periods in the following amounts: (i) up to fifty million dollars or so much as is needed for the period January first, two thousand two through December thirty-first, two thou- sand two; (ii) up to seventy-six million seven hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iii) up to sixty-five million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (iv) up to sixty-five million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to one hundred thirteen million eight hundred thousand dollars for the period January first, two thousand six through December thirty- first, two thousand six; (vi) up to one hundred thirty million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) up to one hundred thirty million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) up to one hundred thirty million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) up to one hundred thirty million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (x) up to thirty-two million five hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; (xi) up to one hundred twenty-seven million four hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen; (xii) up to one hundred twenty-seven million four hundred thousand dollars each state fiscal year for the period April first, two thousand fourteen through March thirty-first, two thousand seventeen; (xiii) up to one hundred twenty-seven million four hundred thousand dollars each state fiscal year for the period April first, two thousand seventeen through March thirty-first, two thousand twenty; [and] (xiv) up to one hundred twenty-seven million four hundred thousand dollars each state fiscal year for the period April first, two thousand twenty through March thirty-first, two thousand twenty-three; AND S. 4007 64 A. 3007 (XV) UP TO ONE HUNDRED TWENTY-SEVEN MILLION FOUR HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. (w) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the treatment of breast and cervical cancer pursuant to para- graph (d) of subdivision four of section three hundred sixty-six of the social services law, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to four hundred fifty thousand dollars for the period January first, two thousand two through December thirty-first, two thousand two; (ii) up to two million one hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iii) up to two million one hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (iv) up to two million one hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to two million one hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six; (vi) up to two million one hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) up to two million one hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) up to two million one hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) up to two million one hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thou- sand ten; (x) up to five hundred twenty-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven; (xi) up to two million one hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thir- ty-first, two thousand fourteen; (xii) up to two million one hundred thousand dollars each state fiscal year for the period April first, two thousand fourteen through March thirty-first, two thousand seventeen; (xiii) up to two million one hundred thousand dollars each state fiscal year for the period April first, two thousand seventeen through March thirty-first, two thousand twenty; [and] (xiv) up to two million one hundred thousand dollars each state fiscal year for the period April first, two thousand twenty through March thir- ty-first, two thousand twenty-three; AND (XV) UP TO TWO MILLION ONE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. S. 4007 65 A. 3007 (x) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the non-public general hospital rates increases for recruitment and retention of health care workers from the tobacco control and insur- ance initiatives pool established for the following periods in the following amounts: (i) twenty-seven million one hundred thousand dollars on an annualized basis for the period January first, two thousand two through December thirty-first, two thousand two; (ii) fifty million eight hundred thousand dollars on an annualized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) sixty-nine million three hundred thousand dollars on an annual- ized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) sixty-nine million three hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) sixty-nine million three hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six; (vi) sixty-five million three hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) sixty-one million one hundred fifty thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; and (viii) forty-eight million seven hundred twenty-one thousand dollars for the period January first, two thousand nine through November thirti- eth, two thousand nine. (y) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of grants to public general hospitals for recruitment and retention of health care workers pursuant to paragraph (b) of subdivision thirty of section twenty-eight hundred seven-c of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) eighteen million five hundred thousand dollars on an annualized basis for the period January first, two thousand two through December thirty-first, two thousand two; (ii) thirty-seven million four hundred thousand dollars on an annual- ized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) fifty-two million two hundred thousand dollars on an annualized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) fifty-two million two hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) fifty-two million two hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six; S. 4007 66 A. 3007 (vi) forty-nine million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) forty-nine million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; and (viii) twelve million two hundred fifty thousand dollars for the peri- od January first, two thousand nine through March thirty-first, two thousand nine. Provided, however, amounts pursuant to this paragraph may be reduced in an amount to be approved by the director of the budget to reflect amounts received from the federal government under the state's 1115 waiver which are directed under its terms and conditions to the health workforce recruitment and retention program. (z) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the non-public residential health care facility rate increases for recruitment and retention of health care workers pursuant to para- graph (a) of subdivision eighteen of section twenty-eight hundred eight of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) twenty-one million five hundred thousand dollars on an annualized basis for the period January first, two thousand two through December thirty-first, two thousand two; (ii) thirty-three million three hundred thousand dollars on an annual- ized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) forty-six million three hundred thousand dollars on an annual- ized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) forty-six million three hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) forty-six million three hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six; (vi) thirty million nine hundred thousand dollars for the period Janu- ary first, two thousand seven through December thirty-first, two thou- sand seven; (vii) twenty-four million seven hundred thousand dollars for the peri- od January first, two thousand eight through December thirty-first, two thousand eight; (viii) twelve million three hundred seventy-five thousand dollars for the period January first, two thousand nine through December thirty- first, two thousand nine; (ix) nine million three hundred thousand dollars for the period Janu- ary first, two thousand ten through December thirty-first, two thousand ten; and (x) two million three hundred twenty-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven. (aa) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of grants to public residential health care facilities for recruitment and retention of health care workers pursuant to paragraph (b) of subdi- S. 4007 67 A. 3007 vision eighteen of section twenty-eight hundred eight of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) seven million five hundred thousand dollars on an annualized basis for the period January first, two thousand two through December thirty- first, two thousand two; (ii) eleven million seven hundred thousand dollars on an annualized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) sixteen million two hundred thousand dollars on an annualized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) sixteen million two hundred thousand dollars for the period Janu- ary first, two thousand five through December thirty-first, two thousand five; (v) sixteen million two hundred thousand dollars for the period Janu- ary first, two thousand six through December thirty-first, two thousand six; (vi) ten million eight hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) six million seven hundred fifty thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; and (viii) one million three hundred fifty thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine. (bb)(i) Funds shall be deposited by the commissioner, within amounts appropriated, and subject to the availability of federal financial participation, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for the purpose of supporting the state share of adjustments to Medicaid rates of payment for personal care services provided pursuant to paragraph (e) of subdivision two of section three hundred sixty-five-a of the social services law, for local social service districts which include a city with a population of over one million persons and computed and distributed in accordance with memorandums of understanding to be entered into between the state of New York and such local social service districts for the purpose of support- ing the recruitment and retention of personal care service workers or any worker with direct patient care responsibility, from the tobacco control and insurance initiatives pool established for the following periods and the following amounts: (A) forty-four million dollars, on an annualized basis, for the period April first, two thousand two through December thirty-first, two thou- sand two; (B) seventy-four million dollars, on an annualized basis, for the period January first, two thousand three through December thirty-first, two thousand three; (C) one hundred four million dollars, on an annualized basis, for the period January first, two thousand four through December thirty-first, two thousand four; (D) one hundred thirty-six million dollars, on an annualized basis, for the period January first, two thousand five through December thir- ty-first, two thousand five; S. 4007 68 A. 3007 (E) one hundred thirty-six million dollars, on an annualized basis, for the period January first, two thousand six through December thirty- first, two thousand six; (F) one hundred thirty-six million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (G) one hundred thirty-six million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (H) one hundred thirty-six million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (I) one hundred thirty-six million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (J) thirty-four million dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; (K) up to one hundred thirty-six million dollars each state fiscal year for the period April first, two thousand eleven through March thir- ty-first, two thousand fourteen; (L) up to one hundred thirty-six million dollars each state fiscal year for the period March thirty-first, two thousand fourteen through April first, two thousand seventeen; (M) up to one hundred thirty-six million dollars each state fiscal year for the period April first, two thousand seventeen through March thirty-first, two thousand twenty; [and] (N) up to one hundred thirty-six million dollars each state fiscal year for the period April first, two thousand twenty through March thir- ty-first, two thousand twenty-three; AND (O) UP TO ONE HUNDRED THIRTY-SIX MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. (ii) Adjustments to Medicaid rates made pursuant to this paragraph shall not, in aggregate, exceed the following amounts for the following periods: (A) for the period April first, two thousand two through December thirty-first, two thousand two, one hundred ten million dollars; (B) for the period January first, two thousand three through December thirty-first, two thousand three, one hundred eighty-five million dollars; (C) for the period January first, two thousand four through December thirty-first, two thousand four, two hundred sixty million dollars; (D) for the period January first, two thousand five through December thirty-first, two thousand five, three hundred forty million dollars; (E) for the period January first, two thousand six through December thirty-first, two thousand six, three hundred forty million dollars; (F) for the period January first, two thousand seven through December thirty-first, two thousand seven, three hundred forty million dollars; (G) for the period January first, two thousand eight through December thirty-first, two thousand eight, three hundred forty million dollars; (H) for the period January first, two thousand nine through December thirty-first, two thousand nine, three hundred forty million dollars; (I) for the period January first, two thousand ten through December thirty-first, two thousand ten, three hundred forty million dollars; (J) for the period January first, two thousand eleven through March thirty-first, two thousand eleven, eighty-five million dollars; S. 4007 69 A. 3007 (K) for each state fiscal year within the period April first, two thousand eleven through March thirty-first, two thousand fourteen, three hundred forty million dollars; (L) for each state fiscal year within the period April first, two thousand fourteen through March thirty-first, two thousand seventeen, three hundred forty million dollars; (M) for each state fiscal year within the period April first, two thousand seventeen through March thirty-first, two thousand twenty, three hundred forty million dollars; [and] (N) for each state fiscal year within the period April first, two thousand twenty through March thirty-first, two thousand twenty-three, three hundred forty million dollars; AND (O) FOR EACH STATE FISCAL YEAR WITHIN THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY- SIX, THREE HUNDRED FORTY MILLION DOLLARS. (iii) Personal care service providers which have their rates adjusted pursuant to this paragraph shall use such funds for the purpose of recruitment and retention of non-supervisory personal care services workers or any worker with direct patient care responsibility only and are prohibited from using such funds for any other purpose. Each such personal care services provider shall submit, at a time and in a manner to be determined by the commissioner, a written certification attesting that such funds will be used solely for the purpose of recruitment and retention of non-supervisory personal care services workers or any work- er with direct patient care responsibility. The commissioner is author- ized to audit each such provider to ensure compliance with the written certification required by this subdivision and shall recoup any funds determined to have been used for purposes other than recruitment and retention of non-supervisory personal care services workers or any work- er with direct patient care responsibility. Such recoupment shall be in addition to any other penalties provided by law. (cc) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for the purpose of supporting the state share of adjustments to Medicaid rates of payment for personal care services provided pursuant to paragraph (e) of subdivision two of section three hundred sixty-five-a of the social services law, for local social service districts which shall not include a city with a popu- lation of over one million persons for the purpose of supporting the personal care services worker recruitment and retention program as established pursuant to section three hundred sixty-seven-q of the social services law, from the tobacco control and insurance initiatives pool established for the following periods and the following amounts: (i) two million eight hundred thousand dollars for the period April first, two thousand two through December thirty-first, two thousand two; (ii) five million six hundred thousand dollars, on an annualized basis, for the period January first, two thousand three through December thirty-first, two thousand three; (iii) eight million four hundred thousand dollars, on an annualized basis, for the period January first, two thousand four through December thirty-first, two thousand four; (iv) ten million eight hundred thousand dollars, on an annualized basis, for the period January first, two thousand five through December thirty-first, two thousand five; S. 4007 70 A. 3007 (v) ten million eight hundred thousand dollars, on an annualized basis, for the period January first, two thousand six through December thirty-first, two thousand six; (vi) eleven million two hundred thousand dollars for the period Janu- ary first, two thousand seven through December thirty-first, two thou- sand seven; (vii) eleven million two hundred thousand dollars for the period Janu- ary first, two thousand eight through December thirty-first, two thou- sand eight; (viii) eleven million two hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) eleven million two hundred thousand dollars for the period Janu- ary first, two thousand ten through December thirty-first, two thousand ten; (x) two million eight hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; (xi) up to eleven million two hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen; (xii) up to eleven million two hundred thousand dollars each state fiscal year for the period April first, two thousand fourteen through March thirty-first, two thousand seventeen; (xiii) up to eleven million two hundred thousand dollars each state fiscal year for the period April first, two thousand seventeen through March thirty-first, two thousand twenty; [and] (xiv) up to eleven million two hundred thousand dollars each state fiscal year for the period April first, two thousand twenty through March thirty-first, two thousand twenty-three; AND (XV) UP TO ELEVEN MILLION TWO HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. (dd) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of Medicaid expenditures for physician services from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to fifty-two million dollars for the period January first, two thousand two through December thirty-first, two thousand two; (ii) eighty-one million two hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iii) eighty-five million two hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (iv) eighty-five million two hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) eighty-five million two hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six; S. 4007 71 A. 3007 (vi) eighty-five million two hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) eighty-five million two hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) eighty-five million two hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) eighty-five million two hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thou- sand ten; (x) twenty-one million three hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven; and (xi) eighty-five million two hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen. (ee) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the free-standing diagnostic and treatment center rate increases for recruitment and retention of health care workers pursuant to subdivision seventeen of section twenty-eight hundred seven of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) three million two hundred fifty thousand dollars for the period April first, two thousand two through December thirty-first, two thou- sand two; (ii) three million two hundred fifty thousand dollars on an annualized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) three million two hundred fifty thousand dollars on an annual- ized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) three million two hundred fifty thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) three million two hundred fifty thousand dollars for the period January first, two thousand six through December thirty-first, two thou- sand six; (vi) three million two hundred fifty thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) three million four hundred thirty-eight thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) two million four hundred fifty thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) one million five hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; and S. 4007 72 A. 3007 (x) three hundred twenty-five thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven. (ff) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of Medicaid expenditures for disabled persons as authorized pursuant to former subparagraphs twelve and thirteen of paragraph (a) of subdivision one of section three hundred sixty-six of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) one million eight hundred thousand dollars for the period April first, two thousand two through December thirty-first, two thousand two; (ii) sixteen million four hundred thousand dollars on an annualized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) eighteen million seven hundred thousand dollars on an annualized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) thirty million six hundred thousand dollars for the period Janu- ary first, two thousand five through December thirty-first, two thousand five; (v) thirty million six hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vi) thirty million six hundred thousand dollars for the period Janu- ary first, two thousand seven through December thirty-first, two thou- sand seven; (vii) fifteen million dollars for the period January first, two thou- sand eight through December thirty-first, two thousand eight; (viii) fifteen million dollars for the period January first, two thou- sand nine through December thirty-first, two thousand nine; (ix) fifteen million dollars for the period January first, two thou- sand ten through December thirty-first, two thousand ten; (x) three million seven hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven; (xi) fifteen million dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thou- sand fourteen; (xii) fifteen million dollars each state fiscal year for the period April first, two thousand fourteen through March thirty-first, two thou- sand seventeen; (xiii) fifteen million dollars each state fiscal year for the period April first, two thousand seventeen through March thirty-first, two thousand twenty; [and] (xiv) fifteen million dollars each state fiscal year for the period April first, two thousand twenty through March thirty-first, two thou- sand twenty-three; AND (XV) FIFTEEN MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. (gg) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of grants to non-public general hospitals pursuant to paragraph (c) of S. 4007 73 A. 3007 subdivision thirty of section twenty-eight hundred seven-c of this arti- cle from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to one million three hundred thousand dollars on an annualized basis for the period January first, two thousand two through December thirty-first, two thousand two; (ii) up to three million two hundred thousand dollars on an annualized basis for the period January first, two thousand three through December thirty-first, two thousand three; (iii) up to five million six hundred thousand dollars on an annualized basis for the period January first, two thousand four through December thirty-first, two thousand four; (iv) up to eight million six hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to eight million six hundred thousand dollars on an annualized basis for the period January first, two thousand six through December thirty-first, two thousand six; (vi) up to two million six hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) up to two million six hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) up to two million six hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) up to two million six hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thou- sand ten; and (x) up to six hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven. (hh) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the special revenue fund - other, HCRA transfer fund, medical assistance account for purposes of providing financial assistance to residential health care facilities pursuant to subdivisions nineteen and twenty-one of section twenty-eight hundred eight of this article, from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) for the period April first, two thousand two through December thirty-first, two thousand two, ten million dollars; (ii) for the period January first, two thousand three through December thirty-first, two thousand three, nine million four hundred fifty thou- sand dollars; (iii) for the period January first, two thousand four through December thirty-first, two thousand four, nine million three hundred fifty thou- sand dollars; (iv) up to fifteen million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to fifteen million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vi) up to fifteen million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; S. 4007 74 A. 3007 (vii) up to fifteen million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (viii) up to fifteen million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) up to fifteen million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (x) up to three million seven hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; and (xi) fifteen million dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thou- sand fourteen. (ii) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for the purpose of supporting the state share of Medicaid expenditures for disabled persons as authorized by sections 1619 (a) and (b) of the federal social security act pursuant to the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) six million four hundred thousand dollars for the period April first, two thousand two through December thirty-first, two thousand two; (ii) eight million five hundred thousand dollars, for the period Janu- ary first, two thousand three through December thirty-first, two thou- sand three; (iii) eight million five hundred thousand dollars for the period Janu- ary first, two thousand four through December thirty-first, two thousand four; (iv) eight million five hundred thousand dollars for the period Janu- ary first, two thousand five through December thirty-first, two thousand five; (v) eight million five hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vi) eight million six hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (vii) eight million five hundred thousand dollars for the period Janu- ary first, two thousand eight through December thirty-first, two thou- sand eight; (viii) eight million five hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (ix) eight million five hundred thousand dollars for the period Janu- ary first, two thousand ten through December thirty-first, two thousand ten; (x) two million one hundred twenty-five thousand dollars for the peri- od January first, two thousand eleven through March thirty-first, two thousand eleven; (xi) eight million five hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thir- ty-first, two thousand fourteen; (xii) eight million five hundred thousand dollars each state fiscal year for the period April first, two thousand fourteen through March thirty-first, two thousand seventeen; S. 4007 75 A. 3007 (xiii) eight million five hundred thousand dollars each state fiscal year for the period April first, two thousand seventeen through March thirty-first, two thousand twenty; [and] (xiv) eight million five hundred thousand dollars each state fiscal year for the period April first, two thousand twenty through March thir- ty-first, two thousand twenty-three; AND (XV) EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. (jj) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for the purposes of a grant program to improve access to infertility services, treatments and procedures, from the tobacco control and insurance initi- atives pool established for the period January first, two thousand two through December thirty-first, two thousand two in the amount of nine million one hundred seventy-five thousand dollars, for the period April first, two thousand six through March thirty-first, two thousand seven in the amount of five million dollars, for the period April first, two thousand seven through March thirty-first, two thousand eight in the amount of five million dollars, for the period April first, two thousand eight through March thirty-first, two thousand nine in the amount of five million dollars, and for the period April first, two thousand nine through March thirty-first, two thousand ten in the amount of five million dollars, for the period April first, two thousand ten through March thirty-first, two thousand eleven in the amount of two million two hundred thousand dollars, and for the period April first, two thousand eleven through March thirty-first, two thousand twelve up to one million one hundred thousand dollars. (kk) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds -- other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of Medical Assistance Program expenditures from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) thirty-eight million eight hundred thousand dollars for the period January first, two thousand two through December thirty-first, two thou- sand two; (ii) up to two hundred ninety-five million dollars for the period January first, two thousand three through December thirty-first, two thousand three; (iii) up to four hundred seventy-two million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (iv) up to nine hundred million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (v) up to eight hundred sixty-six million three hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (vi) up to six hundred sixteen million seven hundred thousand dollars for the period January first, two thousand seven through December thir- ty-first, two thousand seven; (vii) up to five hundred seventy-eight million nine hundred twenty- five thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; and S. 4007 76 A. 3007 (viii) within amounts appropriated on and after January first, two thousand nine. (ll) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds -- other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of Medicaid expenditures related to the city of New York from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) eighty-two million seven hundred thousand dollars for the period January first, two thousand two through December thirty-first, two thou- sand two; (ii) one hundred twenty-four million six hundred thousand dollars for the period January first, two thousand three through December thirty- first, two thousand three; (iii) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand four through December thir- ty-first, two thousand four; (iv) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand five through December thir- ty-first, two thousand five; (v) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand six through December thirty- first, two thousand six; (vi) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand seven through December thir- ty-first, two thousand seven; (vii) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand eight through December thir- ty-first, two thousand eight; (viii) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand nine through December thir- ty-first, two thousand nine; (ix) one hundred twenty-four million seven hundred thousand dollars for the period January first, two thousand ten through December thirty- first, two thousand ten; (x) thirty-one million one hundred seventy-five thousand dollars for the period January first, two thousand eleven through March thirty- first, two thousand eleven; and (xi) one hundred twenty-four million seven hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen. (mm) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding specified percentages of the state share of services and expenses related to the family health plus program in accordance with the following schedule: (i) (A) for the period January first, two thousand three through December thirty-first, two thousand four, one hundred percent of the state share; (B) for the period January first, two thousand five through December thirty-first, two thousand five, seventy-five percent of the state share; and S. 4007 77 A. 3007 (C) for periods beginning on and after January first, two thousand six, fifty percent of the state share. (ii) Funding for the family health plus program will include up to five million dollars annually for the period January first, two thousand three through December thirty-first, two thousand six, up to five million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, up to seven million two hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, up to seven million two hundred thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine, up to seven million two hundred thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten, up to one million eight hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven, up to six million forty-nine thousand dollars for the period April first, two thousand eleven through March thirty-first, two thousand twelve, up to six million two hundred eighty-nine thousand dollars for the period April first, two thousand twelve through March thirty-first, two thou- sand thirteen, and up to six million four hundred sixty-one thousand dollars for the period April first, two thousand thirteen through March thirty-first, two thousand fourteen, for administration and marketing costs associated with such program established pursuant to clauses (A) and (B) of subparagraph (v) of paragraph (a) of subdivision two of THE FORMER section three hundred sixty-nine-ee of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (A) one hundred ninety million six hundred thousand dollars for the period January first, two thousand three through December thirty-first, two thousand three; (B) three hundred seventy-four million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (C) five hundred thirty-eight million four hundred thousand dollars for the period January first, two thousand five through December thir- ty-first, two thousand five; (D) three hundred eighteen million seven hundred seventy-five thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (E) four hundred eighty-two million eight hundred thousand dollars for the period January first, two thousand seven through December thirty- first, two thousand seven; (F) five hundred seventy million twenty-five thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (G) six hundred ten million seven hundred twenty-five thousand dollars for the period January first, two thousand nine through December thir- ty-first, two thousand nine; (H) six hundred twenty-seven million two hundred seventy-five thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (I) one hundred fifty-seven million eight hundred seventy-five thou- sand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; S. 4007 78 A. 3007 (J) six hundred twenty-eight million four hundred thousand dollars for the period April first, two thousand eleven through March thirty-first, two thousand twelve; (K) six hundred fifty million four hundred thousand dollars for the period April first, two thousand twelve through March thirty-first, two thousand thirteen; (L) six hundred fifty million four hundred thousand dollars for the period April first, two thousand thirteen through March thirty-first, two thousand fourteen; and (M) up to three hundred ten million five hundred ninety-five thousand dollars for the period April first, two thousand fourteen through March thirty-first, two thousand fifteen. (nn) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, health care services account, or any successor fund or account, for purposes related to adult home initiatives for medicaid eligible residents of residential facilities licensed pursuant to section four hundred sixty-b of the social services law from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) up to four million dollars for the period January first, two thou- sand three through December thirty-first, two thousand three; (ii) up to six million dollars for the period January first, two thou- sand four through December thirty-first, two thousand four; (iii) up to eight million dollars for the period January first, two thousand five through December thirty-first, two thousand five, provided, however, that up to five million two hundred fifty thousand dollars of such funds shall be received by the comptroller and deposited to the credit of the special revenue fund - other / aid to localities, HCRA transfer fund - 061, enhanced community services account - 05, or any successor fund or account, for the purposes set forth in this para- graph; (iv) up to eight million dollars for the period January first, two thousand six through December thirty-first, two thousand six, provided, however, that up to five million two hundred fifty thousand dollars of such funds shall be received by the comptroller and deposited to the credit of the special revenue fund - other / aid to localities, HCRA transfer fund - 061, enhanced community services account - 05, or any successor fund or account, for the purposes set forth in this paragraph; (v) up to eight million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, provided, however, that up to five million two hundred fifty thousand dollars of such funds shall be received by the comptroller and deposited to the credit of the special revenue fund - other / aid to localities, HCRA transfer fund - 061, enhanced community services account - 05, or any successor fund or account, for the purposes set forth in this para- graph; (vi) up to two million seven hundred fifty thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (vii) up to two million seven hundred fifty thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; S. 4007 79 A. 3007 (viii) up to two million seven hundred fifty thousand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; and (ix) up to six hundred eighty-eight thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven. (oo) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of grants to non-public general hospitals pursuant to paragraph (e) of subdivision twenty-five of section twenty-eight hundred seven-c of this article from the tobacco control and insurance initiatives pool estab- lished for the following periods in the following amounts: (i) up to five million dollars on an annualized basis for the period January first, two thousand four through December thirty-first, two thousand four; (ii) up to five million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (iii) up to five million dollars for the period January first, two thousand six through December thirty-first, two thousand six; (iv) up to five million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (v) up to five million dollars for the period January first, two thou- sand eight through December thirty-first, two thousand eight; (vi) up to five million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (vii) up to five million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; and (viii) up to one million two hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven. (pp) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for the purpose of supporting the provision of tax credits for long term care insurance pursuant to subdivision one of section one hundred ninety of the tax law, paragraph (a) of subdivision fourteen of section two hundred ten-B of such law, subsection (aa) of section six hundred six of such law and paragraph one of subdivision (m) of section fifteen hundred eleven of such law, in the following amounts: (i) ten million dollars for the period January first, two thousand four through December thirty-first, two thousand four; (ii) ten million dollars for the period January first, two thousand five through December thirty-first, two thousand five; (iii) ten million dollars for the period January first, two thousand six through December thirty-first, two thousand six; and (iv) five million dollars for the period January first, two thousand seven through June thirtieth, two thousand seven. (qq) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for the purpose of supporting the long-term care insurance education and outreach program established pursuant to section two hundred seventeen-a of the elder law for the following periods in the following amounts: (i) up to five million dollars for the period January first, two thou- sand four through December thirty-first, two thousand four; of such funds one million nine hundred fifty thousand dollars shall be made available to the department for the purpose of developing, implementing and administering the long-term care insurance education and outreach S. 4007 80 A. 3007 program and three million fifty thousand dollars shall be deposited by the commissioner, within amounts appropriated, and the comptroller is hereby authorized and directed to receive for deposit to the credit of the special revenue funds - other, HCRA transfer fund, long term care insurance resource center account of the state office for the aging or any future account designated for the purpose of implementing the long term care insurance education and outreach program and providing the long term care insurance resource centers with the necessary resources to carry out their operations; (ii) up to five million dollars for the period January first, two thousand five through December thirty-first, two thousand five; of such funds one million nine hundred fifty thousand dollars shall be made available to the department for the purpose of developing, implementing and administering the long-term care insurance education and outreach program and three million fifty thousand dollars shall be deposited by the commissioner, within amounts appropriated, and the comptroller is hereby authorized and directed to receive for deposit to the credit of the special revenue funds - other, HCRA transfer fund, long term care insurance resource center account of the state office for the aging or any future account designated for the purpose of implementing the long term care insurance education and outreach program and providing the long term care insurance resource centers with the necessary resources to carry out their operations; (iii) up to five million dollars for the period January first, two thousand six through December thirty-first, two thousand six; of such funds one million nine hundred fifty thousand dollars shall be made available to the department for the purpose of developing, implementing and administering the long-term care insurance education and outreach program and three million fifty thousand dollars shall be made available to the office for the aging for the purpose of providing the long term care insurance resource centers with the necessary resources to carry out their operations; (iv) up to five million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; of such funds one million nine hundred fifty thousand dollars shall be made available to the department for the purpose of developing, implementing and administering the long-term care insurance education and outreach program and three million fifty thousand dollars shall be made available to the office for the aging for the purpose of providing the long term care insurance resource centers with the necessary resources to carry out their operations; (v) up to five million dollars for the period January first, two thou- sand eight through December thirty-first, two thousand eight; of such funds one million nine hundred fifty thousand dollars shall be made available to the department for the purpose of developing, implementing and administering the long term care insurance education and outreach program and three million fifty thousand dollars shall be made available to the office for the aging for the purpose of providing the long term care insurance resource centers with the necessary resources to carry out their operations; (vi) up to five million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; of such funds one million nine hundred fifty thousand dollars shall be made available to the department for the purpose of developing, implementing and administering the long-term care insurance education and outreach program and three million fifty thousand dollars shall be made available S. 4007 81 A. 3007 to the office for the aging for the purpose of providing the long-term care insurance resource centers with the necessary resources to carry out their operations; (vii) up to four hundred eighty-eight thousand dollars for the period January first, two thousand ten through March thirty-first, two thousand ten; of such funds four hundred eighty-eight thousand dollars shall be made available to the department for the purpose of developing, imple- menting and administering the long-term care insurance education and outreach program. (rr) Funds shall be reserved and accumulated from the tobacco control and insurance initiatives pool and shall be available, including income from invested funds, for the purpose of supporting expenses related to implementation of the provisions of title three of article twenty-nine-D of this chapter, for the following periods and in the following amounts: (i) up to ten million dollars for the period January first, two thou- sand six through December thirty-first, two thousand six; (ii) up to ten million dollars for the period January first, two thou- sand seven through December thirty-first, two thousand seven; (iii) up to ten million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (iv) up to ten million dollars for the period January first, two thou- sand nine through December thirty-first, two thousand nine; (v) up to ten million dollars for the period January first, two thou- sand ten through December thirty-first, two thousand ten; and (vi) up to two million five hundred thousand dollars for the period January first, two thousand eleven through March thirty-first, two thou- sand eleven. (ss) Funds shall be reserved and accumulated from the tobacco control and insurance initiatives pool and used for a health care stabilization program established by the commissioner for the purposes of stabilizing critical health care providers and health care programs whose ability to continue to provide appropriate services are threatened by financial or other challenges, in the amount of up to twenty-eight million dollars for the period July first, two thousand four through June thirtieth, two thousand five. Notwithstanding the provisions of section one hundred twelve of the state finance law or any other inconsistent provision of the state finance law or any other law, funds available for distribution pursuant to this paragraph may be allocated and distributed by the commissioner, or the state comptroller as applicable without a compet- itive bid or request for proposal process. Considerations relied upon by the commissioner in determining the allocation and distribution of these funds shall include, but not be limited to, the following: (i) the importance of the provider or program in meeting critical health care needs in the community in which it operates; (ii) the provider or program provision of care to under-served populations; (iii) the quality of the care or services the provider or program delivers; (iv) the abil- ity of the provider or program to continue to deliver an appropriate level of care or services if additional funding is made available; (v) the ability of the provider or program to access, in a timely manner, alternative sources of funding, including other sources of government funding; (vi) the ability of other providers or programs in the communi- ty to meet the community health care needs; (vii) whether the provider or program has an appropriate plan to improve its financial condition; and (viii) whether additional funding would permit the provider or program to consolidate, relocate, or close programs or services where S. 4007 82 A. 3007 such actions would result in greater stability and efficiency in the delivery of needed health care services or programs. (tt) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of providing grants for two long term care demonstration projects designed to test new models for the delivery of long term care services established pursuant to section twenty-eight hundred seven-x of this chapter, for the following periods and in the following amounts: (i) up to five hundred thousand dollars for the period January first, two thousand four through December thirty-first, two thousand four; (ii) up to five hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (iii) up to five hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six; (iv) up to one million dollars for the period January first, two thou- sand seven through December thirty-first, two thousand seven; and (v) up to two hundred fifty thousand dollars for the period January first, two thousand eight through March thirty-first, two thousand eight. (uu) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for the purpose of supporting disease management and telemedicine demonstration programs authorized pursuant to section twenty-one hundred eleven of this chapter for the following periods in the following amounts: (i) five million dollars for the period January first, two thousand four through December thirty-first, two thousand four, of which three million dollars shall be available for disease management demonstration programs and two million dollars shall be available for telemedicine demonstration programs; (ii) five million dollars for the period January first, two thousand five through December thirty-first, two thousand five, of which three million dollars shall be available for disease management demonstration programs and two million dollars shall be available for telemedicine demonstration programs; (iii) nine million five hundred thousand dollars for the period Janu- ary first, two thousand six through December thirty-first, two thousand six, of which seven million five hundred thousand dollars shall be available for disease management demonstration programs and two million dollars shall be available for telemedicine demonstration programs; (iv) nine million five hundred thousand dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, of which seven million five hundred thousand dollars shall be available for disease management demonstration programs and one million dollars shall be available for telemedicine demonstration programs; (v) nine million five hundred thousand dollars for the period January first, two thousand eight through December thirty-first, two thousand eight, of which seven million five hundred thousand dollars shall be available for disease management demonstration programs and two million dollars shall be available for telemedicine demonstration programs; (vi) seven million eight hundred thirty-three thousand three hundred thirty-three dollars for the period January first, two thousand nine through December thirty-first, two thousand nine, of which seven million five hundred thousand dollars shall be available for disease management demonstration programs and three hundred thirty-three thousand three hundred thirty-three dollars shall be available for telemedicine demon- S. 4007 83 A. 3007 stration programs for the period January first, two thousand nine through March first, two thousand nine; (vii) one million eight hundred seventy-five thousand dollars for the period January first, two thousand ten through March thirty-first, two thousand ten shall be available for disease management demonstration programs. (ww) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for the deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the general hospital rates increases for recruitment and retention of health care workers pursuant to paragraph (e) of subdivi- sion thirty of section twenty-eight hundred seven-c of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) sixty million five hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; and (ii) sixty million five hundred thousand dollars for the period Janu- ary first, two thousand six through December thirty-first, two thousand six. (xx) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for the deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of the general hospital rates increases for rural hospitals pursu- ant to subdivision thirty-two of section twenty-eight hundred seven-c of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) three million five hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (ii) three million five hundred thousand dollars for the period Janu- ary first, two thousand six through December thirty-first, two thousand six; (iii) three million five hundred thousand dollars for the period Janu- ary first, two thousand seven through December thirty-first, two thou- sand seven; (iv) three million five hundred thousand dollars for the period Janu- ary first, two thousand eight through December thirty-first, two thou- sand eight; and (v) three million two hundred eight thousand dollars for the period January first, two thousand nine through November thirtieth, two thou- sand nine. (yy) Funds shall be reserved and accumulated from year to year and shall be available, within amounts appropriated and notwithstanding section one hundred twelve of the state finance law and any other contrary provision of law, for the purpose of supporting grants not to exceed five million dollars to be made by the commissioner without a competitive bid or request for proposal process, in support of the delivery of critically needed health care services, to health care providers located in the counties of Erie and Niagara which executed a memorandum of closing and conducted a merger closing in escrow on Novem- ber twenty-fourth, nineteen hundred ninety-seven and which entered into S. 4007 84 A. 3007 a settlement dated December thirtieth, two thousand four for a loss on disposal of assets under the provisions of title XVIII of the federal social security act applicable to mergers occurring prior to December first, nineteen hundred ninety-seven. (zz) Funds shall be reserved and accumulated from year to year and shall be available, within amounts appropriated, for the purpose of supporting expenditures authorized pursuant to section twenty-eight hundred eighteen of this article from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) six million five hundred thousand dollars for the period January first, two thousand five through December thirty-first, two thousand five; (ii) one hundred eight million three hundred thousand dollars for the period January first, two thousand six through December thirty-first, two thousand six, provided, however, that within amounts appropriated in the two thousand six through two thousand seven state fiscal year, a portion of such funds may be transferred to the Roswell Park Cancer Institute Corporation to fund capital costs; (iii) one hundred seventy-one million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven, provided, however, that within amounts appropriated in the two thousand six through two thousand seven state fiscal year, a portion of such funds may be transferred to the Roswell Park Cancer Institute Corporation to fund capital costs; (iv) one hundred seventy-one million five hundred thousand dollars for the period January first, two thousand eight through December thirty- first, two thousand eight; (v) one hundred twenty-eight million seven hundred fifty thousand dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (vi) one hundred thirty-one million three hundred seventy-five thou- sand dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (vii) thirty-four million two hundred fifty thousand dollars for the period January first, two thousand eleven through March thirty-first, two thousand eleven; (viii) four hundred thirty-three million three hundred sixty-six thou- sand dollars for the period April first, two thousand eleven through March thirty-first, two thousand twelve; (ix) one hundred fifty million eight hundred six thousand dollars for the period April first, two thousand twelve through March thirty-first, two thousand thirteen; (x) seventy-eight million seventy-one thousand dollars for the period April first, two thousand thirteen through March thirty-first, two thou- sand fourteen. (aaa) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for services and expenses related to school based health centers, in an amount up to three million five hundred thousand dollars for the period April first, two thousand six through March thirty-first, two thousand seven, up to three million five hundred thousand dollars for the period April first, two thousand seven through March thirty-first, two thousand eight, up to three million five hundred thousand dollars for the period April first, two thousand eight through March thirty-first, two thousand nine, up to three million five hundred thousand dollars for the period April first, S. 4007 85 A. 3007 two thousand nine through March thirty-first, two thousand ten, up to three million five hundred thousand dollars for the period April first, two thousand ten through March thirty-first, two thousand eleven, up to two million eight hundred thousand dollars each state fiscal year for the period April first, two thousand eleven through March thirty-first, two thousand fourteen, up to two million six hundred forty-four thousand dollars each state fiscal year for the period April first, two thousand fourteen through March thirty-first, two thousand seventeen, up to two million six hundred forty-four thousand dollars each state fiscal year for the period April first, two thousand seventeen through March thir- ty-first, two thousand twenty, [and] up to two million six hundred forty-four thousand dollars each state fiscal year for the period April first, two thousand twenty through March thirty-first, two thousand twenty-three, AND UP TO TWO MILLION SIX HUNDRED FORTY-FOUR THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. The total amount of funds provided herein shall be distributed as grants based on the ratio of each provider's total enrollment for all sites to the total enrollment of all providers. This formula shall be applied to the total amount provided herein. (bbb) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, for purposes of awarding grants to operators of adult homes, enriched housing programs and residences through the enhancing abilities and life experi- ence (EnAbLe) program to provide for the installation, operation and maintenance of air conditioning in resident rooms, consistent with this paragraph, in an amount up to two million dollars for the period April first, two thousand six through March thirty-first, two thousand seven, up to three million eight hundred thousand dollars for the period April first, two thousand seven through March thirty-first, two thousand eight, up to three million eight hundred thousand dollars for the period April first, two thousand eight through March thirty-first, two thousand nine, up to three million eight hundred thousand dollars for the period April first, two thousand nine through March thirty-first, two thousand ten, and up to three million eight hundred thousand dollars for the period April first, two thousand ten through March thirty-first, two thousand eleven. Residents shall not be charged utility cost for the use of air conditioners supplied under the EnAbLe program. All such air conditioners must be operated in occupied resident rooms consistent with requirements applicable to common areas. (ccc) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for the deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of increases in the rates for certified home health agencies, long term home health care programs, AIDS home care programs, hospice programs and managed long term care plans and approved managed long term care operating demonstrations as defined in section forty-four hundred three-f of this chapter for recruitment and retention of health care workers pursuant to subdivisions nine and ten of section thirty-six hundred fourteen of this chapter from the tobacco control and insurance initiatives pool established for the following periods in the following amounts: (i) twenty-five million dollars for the period June first, two thou- sand six through December thirty-first, two thousand six; S. 4007 86 A. 3007 (ii) fifty million dollars for the period January first, two thousand seven through December thirty-first, two thousand seven; (iii) fifty million dollars for the period January first, two thousand eight through December thirty-first, two thousand eight; (iv) fifty million dollars for the period January first, two thousand nine through December thirty-first, two thousand nine; (v) fifty million dollars for the period January first, two thousand ten through December thirty-first, two thousand ten; (vi) twelve million five hundred thousand dollars for the period Janu- ary first, two thousand eleven through March thirty-first, two thousand eleven; (vii) up to fifty million dollars each state fiscal year for the peri- od April first, two thousand eleven through March thirty-first, two thousand fourteen; (viii) up to fifty million dollars each state fiscal year for the period April first, two thousand fourteen through March thirty-first, two thousand seventeen; (ix) up to fifty million dollars each state fiscal year for the period April first, two thousand seventeen through March thirty-first, two thousand twenty; [and] (x) up to fifty million dollars each state fiscal year for the period April first, two thousand twenty through March thirty-first, two thou- sand twenty-three; AND (XI) UP TO FIFTY MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. (ddd) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for the deposit to the credit of the state special revenue funds - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for purposes of funding the state share of increases in the medical assistance rates for providers for purposes of enhancing the provision, quality and/or efficiency of home care services pursuant to subdivision eleven of section thirty-six hundred fourteen of this chapter from the tobacco control and insurance initiatives pool established for the following period in the amount of eight million dollars for the period April first, two thousand six through December thirty-first, two thousand six. (eee) Funds shall be reserved and accumulated from year to year and shall be available, including income from invested funds, to the Center for Functional Genomics at the State University of New York at Albany, for the purposes of the Adirondack network for cancer education and research in rural communities grant program to improve access to health care and shall be made available from the tobacco control and insurance initiatives pool established for the following period in the amount of up to five million dollars for the period January first, two thousand six through December thirty-first, two thousand six. (fff) Funds shall be made available to the empire state stem cell trust fund established by section ninety-nine-p of the state finance law within amounts appropriated up to fifty million dollars annually and shall not exceed five hundred million dollars in total. (ggg) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for the purpose of supporting the state S. 4007 87 A. 3007 share of Medicaid expenditures for hospital translation services as authorized pursuant to paragraph (k) of subdivision one of section twen- ty-eight hundred seven-c of this article from the tobacco control and initiatives pool established for the following periods in the following amounts: (i) sixteen million dollars for the period July first, two thousand eight through December thirty-first, two thousand eight; and (ii) fourteen million seven hundred thousand dollars for the period January first, two thousand nine through November thirtieth, two thou- sand nine. (hhh) Funds shall be deposited by the commissioner, within amounts appropriated, and the state comptroller is hereby authorized and directed to receive for deposit to the credit of the state special revenue fund - other, HCRA transfer fund, medical assistance account, or any successor fund or account, for the purpose of supporting the state share of Medicaid expenditures for adjustments to inpatient rates of payment for general hospitals located in the counties of Nassau and Suffolk as authorized pursuant to paragraph (l) of subdivision one of section twenty-eight hundred seven-c of this article from the tobacco control and initiatives pool established for the following periods in the following amounts: (i) two million five hundred thousand dollars for the period April first, two thousand eight through December thirty-first, two thousand eight; and (ii) two million two hundred ninety-two thousand dollars for the peri- od January first, two thousand nine through November thirtieth, two thousand nine. (iii) Funds shall be reserved and set aside and accumulated from year to year and shall be made available, including income from investment funds, for the purpose of supporting the New York state medical indem- nity fund as authorized pursuant to title four of article twenty-nine-D of this chapter, for the following periods and in the following amounts, provided, however, that the commissioner is authorized to seek waiver authority from the federal centers for medicare and Medicaid for the purpose of securing Medicaid federal financial participation for such program, in which case the funding authorized pursuant to this paragraph shall be utilized as the non-federal share for such payments: Thirty million dollars for the period April first, two thousand eleven through March thirty-first, two thousand twelve. 2. (a) For periods prior to January first, two thousand five, the commissioner is authorized to contract with the article forty-three insurance law plans, or such other contractors as the commissioner shall designate, to receive and distribute funds from the tobacco control and insurance initiatives pool established pursuant to this section. In the event contracts with the article forty-three insurance law plans or other commissioner's designees are effectuated, the commissioner shall conduct annual audits of the receipt and distribution of such funds. The reasonable costs and expenses of an administrator as approved by the commissioner, not to exceed for personnel services on an annual basis five hundred thousand dollars, for collection and distribution of funds pursuant to this section shall be paid from such funds. (b) Notwithstanding any inconsistent provision of section one hundred twelve or one hundred sixty-three of the state finance law or any other law, at the discretion of the commissioner without a competitive bid or request for proposal process, contracts in effect for administration of pools established pursuant to sections twenty-eight hundred seven-k, S. 4007 88 A. 3007 twenty-eight hundred seven-l and twenty-eight hundred seven-m of this article for the period January first, nineteen hundred ninety-nine through December thirty-first, nineteen hundred ninety-nine may be extended to provide for administration pursuant to this section and may be amended as may be necessary. § 13. Paragraph (a) of subdivision 12 of section 367-b of the social services law, as amended by section 15 of part Y of chapter 56 of the laws of 2020, is amended to read as follows: (a) For the purpose of regulating cash flow for general hospitals, the department shall develop and implement a payment methodology to provide for timely payments for inpatient hospital services eligible for case based payments per discharge based on diagnosis-related groups provided during the period January first, nineteen hundred eighty-eight through March thirty-first two thousand [twenty-three] TWENTY-SIX, by such hospitals which elect to participate in the system. § 14. Paragraph (r) of subdivision 9 of section 3614 of the public health law, as added by section 16 of part Y of chapter 56 of the laws of 2020, is amended and three new paragraphs (s), (t) and (u) are added to read as follows: (r) for the period April first, two thousand twenty-two through March thirty-first, two thousand twenty-three, up to one hundred million dollars[.]; (S) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, UP TO ONE HUNDRED MILLION DOLLARS; (T) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-FOUR THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, UP TO ONE HUNDRED MILLION DOLLARS; (U) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-FIVE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, UP TO ONE HUNDRED MILLION DOLLARS. § 15. Paragraph (v) of subdivision 1 of section 367-q of the social services law, as added by section 17 of part Y of chapter 56 of the laws of 2020, is amended and three new paragraphs (w), (x) and (y) are added to read as follows: (v) for the period April first, two thousand twenty-two through March thirty-first, two thousand twenty-three, up to twenty-eight million five hundred thousand dollars[.]; (W) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-THREE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, UP TO TWENTY-EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS; (X) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-FOUR THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, UP TO TWENTY-EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS; (Y) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-FIVE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, UP TO TWENTY-EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS. § 16. This act shall take effect April 1, 2023; provided, however, if this act shall become a law after such date it shall take effect imme- diately and shall be deemed to have been in full force and effect on and after April 1, 2023; and further provided, that: (a) the amendments to sections 2807-j and 2807-s of the public health law made by sections two, eight, nine, and ten of this act shall not affect the expiration of such sections and shall expire therewith; S. 4007 89 A. 3007 (b) the amendments to subdivision 6 of section 2807-t of the public health law made by section eleven of this act shall not affect the expi- ration of such section and shall be deemed to expire therewith; and (c) the amendments to paragraph (i-1) of subdivision 1 of section 2807-v of the public health law made by section twelve of this act shall not affect the repeal of such paragraph and shall be deemed repealed therewith. PART D Section 1. Paragraph (a) of subdivision 4 of section 365-a of the social services law, as amended by chapter 493 of the laws of 2010, is amended to read as follows: (a) drugs which may be dispensed without a prescription as required by section sixty-eight hundred ten of the education law; provided, however, that the state commissioner of health may by regulation specify certain of such drugs which may be reimbursed as an item of medical assistance in accordance with the price schedule established by such commissioner. Notwithstanding any other provision of law, [additions] MODIFICATIONS to the list of drugs reimbursable under this paragraph may be filed as regulations by the commissioner of health without prior notice and comment; § 2. 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. § 3. Subdivisions 25 and 25-a of section 364-j of the social services law are REPEALED. § 4. This act shall take effect October 1, 2023; provided that sections two and three of this act shall take effect April 1, 2024. PART E Section 1. Subdivision 5-d of section 2807-k of the public health law, as amended by section 3 of part KK of chapter 56 of the laws of 2020, is amended to read as follows: 5-d. (a) Notwithstanding any inconsistent provision of this section, section twenty-eight hundred seven-w of this article or any other contrary provision of law, and subject to the availability of federal financial participation, for periods on and after January first, two thousand twenty, through March thirty-first, two thousand [twenty-three] TWENTY-SIX, all funds available for distribution pursuant to this section, except for funds distributed pursuant to [subparagraph (v) of] paragraph (b) of subdivision five-b of this section, and all funds available for distribution pursuant to section twenty-eight hundred S. 4007 90 A. 3007 seven-w of this article, shall be reserved and set aside and distributed in accordance with the provisions of this subdivision. (b) The commissioner shall promulgate regulations, and may promulgate emergency regulations, establishing methodologies for the distribution of funds as described in paragraph (a) of this subdivision and such regulations shall include, but not be limited to, the following: (i) Such regulations shall establish methodologies for determining each facility's relative uncompensated care need amount based on unin- sured inpatient and outpatient units of service from the cost reporting year two years prior to the distribution year, multiplied by the appli- cable medicaid rates in effect January first of the distribution year, as summed and adjusted by a statewide cost adjustment factor and reduced by the sum of all payment amounts collected from such uninsured patients, and as further adjusted by application of a nominal need computation that shall take into account each facility's medicaid inpa- tient share. (ii) Annual distributions pursuant to such regulations for the two thousand twenty through two thousand [twenty-two] TWENTY-FIVE calendar years shall be in accord with the following: (A) one hundred thirty-nine million four hundred thousand dollars shall be distributed as Medicaid Disproportionate Share Hospital ("DSH") payments to major public general hospitals; and (B) nine hundred sixty-nine million nine hundred thousand dollars as Medicaid DSH payments to eligible general hospitals, other than major public general hospitals. For the calendar years two thousand twenty through two thousand twen- ty-two, the total distributions to eligible general hospitals, other than major public general hospitals, shall be subject to an aggregate reduction of one hundred fifty million dollars annually, provided that eligible general hospitals, other than major public general hospitals, that qualify as enhanced safety net hospitals under section two thousand eight hundred seven-c of this article shall not be subject to such reduction. FOR THE CALENDAR YEARS TWO THOUSAND TWENTY-THREE THROUGH TWO THOUSAND TWENTY-FIVE, THE TOTAL DISTRIBUTIONS TO ELIGIBLE GENERAL HOSPITALS, OTHER THAN MAJOR PUBLIC GENERAL HOSPITALS, SHALL BE SUBJECT TO AN AGGRE- GATE REDUCTION OF TWO HUNDRED THIRTY-FIVE MILLION FOUR HUNDRED THOUSAND DOLLARS ANNUALLY, PROVIDED THAT ELIGIBLE GENERAL HOSPITALS, OTHER THAN MAJOR PUBLIC GENERAL HOSPITALS THAT QUALIFY AS ENHANCED SAFETY NET HOSPITALS UNDER SECTION TWO THOUSAND EIGHT HUNDRED SEVEN-C OF THIS ARTI- CLE AS OF APRIL FIRST, TWO THOUSAND TWENTY, SHALL NOT BE SUBJECT TO SUCH REDUCTION. Such [reduction] REDUCTIONS shall be determined by a methodology to be established by the commissioner. Such [methodology] METHODOLOGIES may take into account the payor mix of each non-public general hospital, including the percentage of inpatient days paid by Medicaid. (iii) For calendar years two thousand twenty through two thousand [twenty-two] TWENTY-FIVE, sixty-four million six hundred thousand dollars shall be distributed to eligible general hospitals, other than major public general hospitals, that experience a reduction in indigent care pool payments pursuant to this subdivision, and that qualify as enhanced safety net hospitals under section two thousand eight hundred seven-c of this article as of April first, two thousand twenty. Such distribution shall be established pursuant to regulations promulgated by the commissioner and shall be proportional to the reduction experienced by the facility. S. 4007 91 A. 3007 (iv) Such regulations shall reserve one percent of the funds available for distribution in the two thousand fourteen and two thousand fifteen calendar years, and for calendar years thereafter, pursuant to this subdivision, subdivision fourteen-f of section twenty-eight hundred seven-c of this article, and sections two hundred eleven and two hundred twelve of chapter four hundred seventy-four of the laws of nineteen hundred ninety-six, in a "financial assistance compliance pool" and shall establish methodologies for the distribution of such pool funds to facilities based on their level of compliance, as determined by the commissioner, with the provisions of subdivision nine-a of this section. (c) The commissioner shall annually report to the governor and the legislature on the distribution of funds under this subdivision includ- ing, but not limited to: (i) the impact on safety net providers, including community providers, rural general hospitals and major public general hospitals; (ii) the provision of indigent care by units of services and funds distributed by general hospitals; and (iii) the extent to which access to care has been enhanced. § 2. Subdivision 1 of section 2801 of the public health law, as amended by section 1 of part Z of chapter 57 of the laws of 2019, is amended to read as follows: 1. "Hospital" means a facility or institution engaged principally in providing services by or under the supervision of a physician or, in the case of a dental clinic or dental dispensary, of a dentist, or, in the case of a midwifery birth center, of a midwife, for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, public health center, diagnostic center, treatment center, A RURAL EMER- GENCY HOSPITAL UNDER 42 USC 1395X(KKK), OR SUCCESSOR PROVISIONS, dental clinic, dental dispensary, rehabilitation center other than a facility used solely for vocational rehabilitation, nursing home, tuberculosis hospital, chronic disease hospital, maternity hospital, midwifery birth center, lying-in-asylum, out-patient department, out-patient lodge, dispensary and a laboratory or central service facility serving one or more such institutions, but the term hospital shall not include an institution, sanitarium or other facility engaged principally in provid- ing services for the prevention, diagnosis or treatment of mental disa- bility and which is subject to the powers of visitation, examination, inspection and investigation of the department of mental hygiene except for those distinct parts of such a facility which provide hospital service. The provisions of this article shall not apply to a facility or institution engaged principally in providing services by or under the supervision of the bona fide members and adherents of a recognized reli- gious organization whose teachings include reliance on spiritual means through prayer alone for healing in the practice of the religion of such organization and where services are provided in accordance with those teachings. No provision of this article or any other provision of law shall be construed to: (a) limit the volume of mental health, substance use disorder services or developmental disability services that can be provided by a provider of primary care services licensed under this article and authorized to provide integrated services in accordance with regulations issued by the commissioner in consultation with the commis- sioner of the office of mental health, the commissioner of the office of alcoholism and substance abuse services and the commissioner of the office for people with developmental disabilities, including regulations issued pursuant to subdivision seven of section three hundred sixty- S. 4007 92 A. 3007 five-l of the social services law or part L of chapter fifty-six of the laws of two thousand twelve; (b) require a provider licensed pursuant to article thirty-one of the mental hygiene law or certified pursuant to article sixteen or article thirty-two of the mental hygiene law to obtain an operating certificate from the department if such provider has been authorized to provide integrated services in accordance with regu- lations issued by the commissioner in consultation with the commissioner of the office of mental health, the commissioner of the office of alco- holism and substance abuse services and the commissioner of the office for people with developmental disabilities, including regulations issued pursuant to subdivision seven of section three hundred sixty-five-l of the social services law or part L of chapter fifty-six of the laws of two thousand twelve. § 3. Section 2801-g of the public health law is amended by adding a new subdivision 4 to read as follows: 4. AT LEAST THIRTY DAYS PRIOR TO A GENERAL HOSPITAL APPLYING TO THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES TO CONVERT FROM A GENERAL HOSPITAL WITH INPATIENTS TO A RURAL EMERGENCY HOSPITAL UNDER 42 USC 1395X(KKK), OR SUCCESSOR PROVISIONS, SUCH HOSPITAL SHALL HOLD A PUBLIC COMMUNITY FORUM FOR THE PURPOSE OF OBTAINING PUBLIC INPUT CONCERNING THE ANTICIPATED IMPACT OF THE HOSPITAL'S CLOSURE OF INPATIENT UNITS, INCLUDING BUT NOT LIMITED TO, THE IMPACT ON RECIPIENTS OF MEDICAL ASSISTANCE FOR NEEDY PERSONS, THE UNINSURED, AND MEDICALLY UNDERSERVED POPULATIONS, AND OPTIONS AND PROPOSALS TO AMELIORATE SUCH ANTICIPATED IMPACT. THE HOSPITAL SHALL AFFORD ALL PUBLIC PARTICIPANTS A REASONABLE OPPORTUNITY TO SPEAK ABOUT RELEVANT MATTERS AT SUCH COMMUNITY FORUM. PRIOR TO ANY COMMUNITY FORUM AND AS SOON AS PRACTICABLE, THE HOSPITAL SHALL BE REQUIRED TO: (A) NOTIFY THE OFFICE OF MENTAL HEALTH AND THE LOCAL DIRECTOR OF COMMUNITY SERVICES IN THE EVENT SUCH GENERAL HOSPITAL HAS PSYCHIATRIC INPATIENT BEDS LICENSED UNDER ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW OR DESIGNATED PURSUANT TO SECTION 9.39 OF THE MENTAL HYGIENE LAW, AND (B) NOTIFY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS IN THE EVENT SUCH GENERAL HOSPITAL HAS INPATIENT SUBSTANCE USE DISORDER TREATMENT PROGRAMS OR INPATIENT CHEMICAL DEPENDENCE TREATMENT PROGRAMS LICENSED UNDER ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW. § 4. The opening paragraph of subdivision (g) of section 2826 of the public health law, as amended by section 3 of part M of chapter 57 of the laws of 2022, is 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 twenty-two through March thirty-first, two thousand twenty-three,] the commissioner may award a temporary adjust- ment to the non-capital components of rates, or make temporary lump-sum Medicaid payments to eligible 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 adjustment or make such temporary lump sum payment only pursuant to criteria, AN APPLICATION, AND an evaluation process[, and transformation plan] acceptable to the commissioner in consultation with the director of the division of the budget. The department shall publish on its website the criteria, APPLICATION, AND evaluation process [and guidance for transformation plans] and notification of any award recipients. S. 4007 93 A. 3007 § 5. Subparagraph (F) of paragraph (i) of subdivision (g) of section 2826 of the public health law, as added by section 3 of part M of chap- ter 57 of the laws of 2022, is amended to read as follows: (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; OR AN ENTITY THAT WAS FORMED AS A PREFERRED PROVIDER SYSTEM PURSUANT TO THE DELIVERY SYSTEM REFORM INCENTIVE PAYMENT (DSRIP) PROGRAM AND COLLABORATED WITH AN INDE- PENDENT PRACTICE ASSOCIATION THAT RECEIVED VBP INNOVATOR STATUS FROM THE DEPARTMENT FOR PURPOSES OF MEETING DSRIP GOALS, AND WHICH PREFERRED PROVIDER SYSTEM REMAINS OPERATIONAL AS AN INTEGRATED CARE SYSTEM. § 6. The opening paragraph of paragraph (ii) 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, is amended to read as follows: Eligible applicants must demonstrate that without such award, they will be in severe financial distress [through March thirty-first, two thousand sixteen], as evidenced by: § 7. Subparagraph (A), the opening paragraph of subparagraph (E) and subparagraph (F) of paragraph (iii) 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: (A) [Applications under this subdivision] ELIGIBLE APPLICANTS shall [include a multi-year transformation plan that is aligned with the delivery system reform incentive payment ("DSRIP") program goals and objectives. Such plan shall be approved by] SUBMIT A COMPLETED APPLICA- TION TO the department [and shall demonstrate a path towards long term sustainability and improved patient care]. The department shall review all applications under this subdivision, and [a] determine: (F) After review of all applications under this subdivision, and a determination of the aggregate amount of requested funds, the department [shall] MAY make awards to eligible applicants; provided, however, that such awards may be in an amount lower than such requested funding, on a per applicant or aggregate basis. § 8. Paragraph (v) 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, is amended to read as follows: (v) Payments made to awardees pursuant to this subdivision [shall be] THAT ARE made on a monthly basis[. Such payments] will be based on the applicant's actual monthly financial performance during such period and the reasonable cash amount necessary to sustain operations for the following month. The applicant's monthly financial performance shall be measured by such applicant's monthly financial and activity reports, which shall include, but not be limited to, actual revenue and expenses for the prior month, projected cash need for the current month, and projected cash need for the following month. § 9. Part I of chapter 57 of the laws of 2022 relating to providing a one percent across the board payment increase to all qualifying fee-for- service Medicaid rates, is amended by adding a new section 1-a to read as follows: § 1-A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE STATE FISCAL YEARS BEGINNING APRIL 1, 2023, AND THEREAFTER, MEDICAID PAYMENTS MADE FOR THE OPERATING COMPONENT OF HOSPITAL INPATIENT SERVICES SHALL BE SUBJECT TO A UNIFORM RATE INCREASE OF FIVE PERCENT IN ADDITION TO THE INCREASE CONTAINED IN SECTION ONE OF THIS ACT, SUBJECT TO THE S. 4007 94 A. 3007 APPROVAL OF THE COMMISSIONER OF HEALTH AND THE DIRECTOR OF THE BUDGET. SUCH RATE INCREASE SHALL BE SUBJECT TO FEDERAL FINANCIAL PARTICIPATION. § 10. This act shall take effect immediately; provided that sections two and three of this act shall take effect on the sixtieth day after it shall have become a law; provided, further, that sections one, four, five, six, seven, eight, and nine of this act shall be deemed to have been in full force and effect on and after April 1, 2023. PART F Section 1. 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 Z of chapter 57 of the laws of 2022, 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, between July 1, 2021 and June 30, 2022, [and] between July 1, 2022 and June 30, 2023, AND BETWEEN JULY 1, 2023 AND JUNE 30, 2024 or reimburse the hospital where the hospital purchases equivalent excess coverage as defined in subparagraph (i) of paragraph (a) of subdivision 1-a of this section for medical or dental malpractice occurrences between July 1, 1987 and June 30, 1988, between July 1, 1988 and June 30, 1989, between July 1, 1989 and June 30, 1990, between July 1, 1990 and June 30, 1991, between July 1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993, between July 1, 1993 and June 30, 1994, between July 1, 1994 and June S. 4007 95 A. 3007 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, between July 1, 2021 and June 30, 2022, [and] between July 1, 2022 and June 30, 2023, AND BETWEEN JULY 1, 2023 AND JUNE 30, 2024 for physicians or dentists certified as eligible for each such period or periods pursu- ant to subdivision 2 of this section by a general hospital licensed pursuant to article 28 of the public health law; provided that no single insurer shall write more than fifty percent of the total excess premium for a given policy year; and provided, however, that such eligible physicians or dentists must have in force an individual policy, from an insurer licensed in this state of primary malpractice insurance coverage in amounts of no less than one million three hundred thousand dollars for each claimant and three million nine hundred thousand dollars for all claimants under that policy during the period of such excess cover- age 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 S. 4007 96 A. 3007 dollars for all claimants for such occurrences shall be effective April 1, 2002. § 2. 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 Z of chapter 57 of the laws of 2022, 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, between July 1, 2021 and June 30, 2022, [and] between July 1, 2022 and June 30, 2023, AND BETWEEN JULY 1, 2023 AND JUNE 30, 2024 allocable to each general hospital for physi- cians 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 S. 4007 97 A. 3007 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, between July 1, 2021 and June 30, 2022, [and] between July 1, 2022 and June 30, 2023, AND BETWEEN JULY 1, 2023 AND JUNE 30, 2024 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 hospital in accordance with subdivision 2 of this section, and may amend such determination and certification as necessary. The superintendent of financial services shall determine and certify to each general hospital and to the commissioner of health the ratable share of such cost allocable to the period July 1, 1987 to December 31, 1987, to the period January 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 period 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, to the period July 1, 2021 to June 30, 2022, [and] to the period July 1, 2022 to June 30, 2023, AND TO THE PERIOD JULY 1, 2023 TO JUNE 30, 2024. § 3. 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 Z of chapter 57 of the laws of 2022, 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 S. 4007 98 A. 3007 June 30, 1993, during the period July 1, 1993 to June 30, 1994, during the period July 1, 1994 to June 30, 1995, during the period July 1, 1995 to June 30, 1996, during the period July 1, 1996 to June 30, 1997, during the period July 1, 1997 to June 30, 1998, during the period July 1, 1998 to June 30, 1999, during the period July 1, 1999 to June 30, 2000, during the period July 1, 2000 to June 30, 2001, during the period July 1, 2001 to October 29, 2001, during the period April 1, 2002 to June 30, 2002, during the period July 1, 2002 to June 30, 2003, during the period July 1, 2003 to June 30, 2004, during the period July 1, 2004 to June 30, 2005, during the period July 1, 2005 to June 30, 2006, during the period July 1, 2006 to June 30, 2007, during the period July 1, 2007 to June 30, 2008, during the period July 1, 2008 to June 30, 2009, during the period July 1, 2009 to June 30, 2010, during the period July 1, 2010 to June 30, 2011, during the period July 1, 2011 to June 30, 2012, during the period July 1, 2012 to June 30, 2013, during the period July 1, 2013 to June 30, 2014, during the period July 1, 2014 to June 30, 2015, during the period July 1, 2015 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, during the period July 1, 2021 to June 30, 2022, [and] during the period July 1, 2022 to June 30, 2023, AND DURING THE PERIOD JULY 1, 2023 TO JUNE 30, 2024 allocated or reallocated in accordance with paragraph (a) of subdivision 4-a of this section to rates of payment applicable to state governmental agencies, each physi- cian or dentist for whom a policy for excess insurance coverage or equivalent excess coverage is purchased for such period shall be respon- sible for payment to the provider of excess insurance coverage or equiv- alent excess coverage of an allocable share of such insufficiency, based on the ratio of the total cost of such coverage for such physician to the sum of the total cost of such coverage for all physicians applied to such insufficiency. (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- S. 4007 99 A. 3007 od July 1, 2021 to June 30, 2022, or covering the period July 1, 2022 to June 30, 2023, OR COVERING THE PERIOD JULY 1, 2023 TO JUNE 30, 2024 shall notify a covered physician or dentist by mail, mailed to the address shown on the last application for excess insurance coverage or equivalent excess coverage, of the amount due to such provider from such physician or dentist for such coverage period determined in accordance with paragraph (a) of this subdivision. Such amount shall be due from such physician or dentist to such provider of excess insurance coverage or equivalent excess coverage in a time and manner determined by the superintendent of financial services. (c) If a physician or dentist liable for payment of a portion of the costs of excess insurance coverage or equivalent excess coverage cover- ing the period July 1, 1992 to June 30, 1993, or covering the period July 1, 1993 to June 30, 1994, or covering the period July 1, 1994 to June 30, 1995, or covering the period July 1, 1995 to June 30, 1996, or covering the period July 1, 1996 to June 30, 1997, or covering the peri- od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to June 30, 1999, or covering the period July 1, 1999 to June 30, 2000, or covering the period July 1, 2000 to June 30, 2001, or covering the peri- od July 1, 2001 to October 29, 2001, or covering the period April 1, 2002 to June 30, 2002, or covering the period July 1, 2002 to June 30, 2003, or covering the period July 1, 2003 to June 30, 2004, or covering the period July 1, 2004 to June 30, 2005, or covering the period July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to June 30, 2008, or covering the period July 1, 2008 to June 30, 2009, or covering the period July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to June 30, 2012, or covering the period July 1, 2012 to June 30, 2013, or covering the period July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to June 30, 2016, or covering the period July 1, 2016 to June 30, 2017, or covering the period July 1, 2017 to June 30, 2018, 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, OR COVERING THE PERIOD JULY 1, 2023 TO JUNE 30, 2024 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 equivalent excess coverage purchased for such physician or dentist in accordance with this section for such coverage period shall be cancelled and shall be null and void as of the first day on or after the commencement of a policy period where the liability for payment pursuant to this subdivision has not been met. (d) Each provider of excess insurance coverage or equivalent excess coverage shall notify the superintendent of financial services and the commissioner of health or their designee of each physician and dentist eligible for purchase of a policy for excess insurance coverage or equivalent excess coverage covering the period July 1, 1992 to June 30, 1993, or covering the period July 1, 1993 to June 30, 1994, or covering the period July 1, 1994 to June 30, 1995, or covering the period July 1, 1995 to June 30, 1996, or covering the period July 1, 1996 to June 30, 1997, or covering the period July 1, 1997 to June 30, 1998, or covering S. 4007 100 A. 3007 the period July 1, 1998 to June 30, 1999, or covering the period July 1, 1999 to June 30, 2000, or covering the period July 1, 2000 to June 30, 2001, or covering the period July 1, 2001 to October 29, 2001, or cover- ing the period April 1, 2002 to June 30, 2002, or covering the period July 1, 2002 to June 30, 2003, or covering the period July 1, 2003 to June 30, 2004, or covering the period July 1, 2004 to June 30, 2005, or covering the period July 1, 2005 to June 30, 2006, or covering the peri- od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to June 30, 2008, or covering the period July 1, 2008 to June 30, 2009, or covering the period July 1, 2009 to June 30, 2010, or covering the peri- od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to June 30, 2012, or covering the period July 1, 2012 to June 30, 2013, or covering the period July 1, 2013 to June 30, 2014, or covering the peri- od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to June 30, 2016, or covering the period July 1, 2016 to June 30, 2017, or covering the period July 1, 2017 to June 30, 2018, 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] 30, 2023, OR COVERING THE PERIOD JULY 1, 2023 TO JUNE 30, 2024 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, AND TO THE PERIOD JULY 1, 2023 TO JUNE 30, 2024 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 covering the period July 1, 1996 to June 30, 1997, and covering the period July 1, 1997 to June 30, 1998, and covering the period July 1, 1998 to June 30, 1999, and cover- S. 4007 101 A. 3007 ing the period July 1, 1999 to June 30, 2000, and covering the period July 1, 2000 to June 30, 2001, and covering the period July 1, 2001 to October 29, 2001, and covering the period April 1, 2002 to June 30, 2002, and covering the period July 1, 2002 to June 30, 2003, and cover- ing the period July 1, 2003 to June 30, 2004, and covering the period July 1, 2004 to June 30, 2005, and covering the period July 1, 2005 to June 30, 2006, and covering the period July 1, 2006 to June 30, 2007, and covering the period July 1, 2007 to June 30, 2008, and covering the period July 1, 2008 to June 30, 2009, and covering the period July 1, 2009 to June 30, 2010, and covering the period July 1, 2010 to June 30, 2011, and covering the period July 1, 2011 to June 30, 2012, and cover- ing the period July 1, 2012 to June 30, 2013, and covering the period July 1, 2013 to June 30, 2014, and covering the period July 1, 2014 to June 30, 2015, and covering the period July 1, 2015 to June 30, 2016, and covering the period July 1, 2016 to June 30, 2017, and covering the period July 1, 2017 to June 30, 2018, and covering 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 cover- ing the period July 1, 2021 to June 30, 2022, and covering the period July 1, 2022 to June 30, 2023 for, AND COVERING THE PERIOD JULY 1, 2023 TO JUNE 30, 2024 a physician or dentist where such excess insurance coverage or equivalent excess coverage is cancelled in accordance with paragraph (c) of this subdivision. § 4. 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 Z of chap- ter 57 of the laws of 2022, 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, [2023] 2024; 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, [2023] 2024, 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, [2023] 2024 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 S. 4007 102 A. 3007 and surgeons who were not insured during such policy periods shall be apportioned among all insurers in proportion to the premium written by each insurer during such policy periods; if a physician or surgeon was insured by an insurer subject to rates established by the superintendent during such policy periods, and at any time thereafter a hospital, health maintenance organization, employer or institution is responsible for responding in damages for liability arising out of such physician's or surgeon's practice of medicine, such responsible entity shall also remit to such prior insurer the equivalent amount that would then be collected as a surcharge if the physician or surgeon had continued to remain insured by such prior insurer. In the event any insurer that provided coverage during such policy periods is in liquidation, the property/casualty insurance security fund shall receive the portion of surcharges to which the insurer in liquidation would have been entitled. The surcharges authorized herein shall be deemed to be income earned for the purposes of section 2303 of the insurance law. The superintendent, in establishing adequate rates and in determining any projected defi- ciency pursuant to the requirements of this section and the insurance law, shall give substantial weight, determined in his discretion and judgment, to the prospective anticipated effect of any regulations promulgated and laws enacted and the public benefit of stabilizing malpractice rates and minimizing rate level fluctuation during the peri- od of time necessary for the development of more reliable statistical experience as to the efficacy of such laws and regulations affecting medical, dental or podiatric malpractice enacted or promulgated in 1985, 1986, by this act and at any other time. Notwithstanding any provision of the insurance law, rates already established and to be established by the superintendent pursuant to this section are deemed adequate if such rates would be adequate when taken together with the maximum authorized annual surcharges to be imposed for a reasonable period of time whether or not any such annual surcharge has been actually imposed as of the establishment of such rates. § 5. 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 Z of chapter 57 of the laws of 2022, 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, June 15, 2022, [and] June 15, 2023, AND JUNE 15, 2024 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 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, S. 4007 103 A. 3007 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, OR JULY 1, 2023 TO JUNE 30, 2024 as applicable. (a) This section shall be effective only upon a determination, pursu- ant to section five of this act, by the superintendent of financial services and the commissioner of health, and a certification of such determination to the state director of the budget, the chair of the senate committee on finance and the chair of the assembly committee on ways and means, that the amount of funds in the hospital excess liabil- ity pool, created pursuant to section 18 of chapter 266 of the laws of 1986, is insufficient for purposes of purchasing excess insurance cover- age for eligible participating physicians and dentists during the period July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007 to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June 30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June 30, 2014, or July 1, 2014 to June 30, 2015, or July 1, 2015 to June 30, 2016, or July 1, 2016 to June 30, 2017, or July 1, 2017 to June 30, 2018, 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, OR JULY 1, 2023 TO JUNE 30, 2024 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, June 15, 2022, [and] June 15, 2023, AND JUNE 15, 2024 as applicable. § 6. 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 Z of chapter 57 of the laws of 2022, 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-two] TWENTY-THREE, shall be eligible to apply for such coverage for the coverage period beginning the first of July, two thousand [twenty-two] TWENTY-THREE; provided, however, if the total S. 4007 104 A. 3007 number of physicians or dentists for whom such excess coverage or equiv- alent excess coverage was purchased for the policy year ending the thir- tieth of June, two thousand [twenty-two] TWENTY-THREE exceeds the total number of physicians or dentists certified as eligible for the coverage period beginning the first of July, two thousand [twenty-two] TWENTY- THREE, then the general hospitals may certify additional eligible physi- cians or dentists in a number equal to such general hospital's propor- tional share of the total number of physicians or dentists for whom excess coverage or equivalent excess coverage was purchased with funds available in the hospital excess liability pool as of the thirtieth of June, two thousand [twenty-two] TWENTY-THREE, as applied to the differ- ence between the number of eligible physicians or dentists for whom a policy for excess coverage or equivalent excess coverage was purchased for the coverage period ending the thirtieth of June, two thousand [twenty-two] TWENTY-THREE 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 thou- sand [twenty-two] TWENTY-THREE. § 7. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2023. PART G Section 1. Paragraph (a) of subdivision 12 of section 203 of the elder law, as added by section 1 of part U of chapter 57 of the laws of 2019, is amended to read as follows: (a) The director is hereby authorized to implement private pay proto- cols for programs and services administered by the office. These proto- cols may be implemented by area agencies on aging at their option and such protocols shall not be applied to services for a participant when being paid for with federal funds or funds designated as federal match, or for individuals with an income below [four] TWO hundred AND FIFTY percent of the federal poverty level. All private payments received directly by an area agency on aging or indirectly by one of its contrac- tors shall be used to supplement, not supplant, funds by state, federal, or county appropriations. Such private pay payments shall be set at a cost to the participant of not more than twenty percent above either the unit cost to the area agency on aging to provide the program or service directly, or the amount that the area agency on aging pays to its contractor to provide the program or service. Private pay payments received under this subdivision shall be used by the area agency on aging to first reduce any unmet need for programs and services, and then to support and enhance services or programs provided by the area agency on aging. No participant, regardless of income, shall be required to pay for any program or service that they are receiving at the time these protocols are implemented by the area agency on aging. This subdivision shall not prevent cost sharing for the programs and services established pursuant to section two hundred fourteen of this title [for individuals below four hundred percent of the federal poverty level]. Consistent with federal and state statute and regulations, when providing programs and services, area agencies on aging and their contractors shall contin- ue to give priority for programs and services to individuals with the greatest economic or social needs. In the event that the capacity to provide programs and services is limited, such programs and services shall be provided to individuals with incomes below [four] TWO hundred AND FIFTY percent of the federal poverty level before such programs and S. 4007 105 A. 3007 services are provided to those participating in the private pay protocol pursuant to this subdivision. § 2. This act shall take effect immediately. PART H Section 1. Section 5 of part AAA of chapter 56 of the laws of 2022, amending the social services law relating to expanding Medicaid eligi- bility requirements for seniors and disabled individuals, is amended to read as follows: § 5. This act shall take effect January 1, 2023, subject to federal financial participation for sections one, three, and four of this act; provided, however that [the] SECTION TWO OF THIS ACT SHALL TAKE EFFECT JANUARY 1, 2024. 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 legislative law and section 70-b of the public officers law. § 2. Short title. This act shall be known and may be cited as the "1332 state innovation program". § 3. The social services law is amended by adding a new section 369-ii to read as follows: § 369-II. 1332 STATE INNOVATION PROGRAM. 1. AUTHORIZATION. NOTWITH- STANDING SECTION THREE HUNDRED SIXTY-NINE-GG OF THIS TITLE, SUBJECT TO FEDERAL APPROVAL, IF IT IS IN THE FINANCIAL INTEREST OF THE STATE TO DO SO, THE COMMISSIONER OF HEALTH IS AUTHORIZED, WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, TO ESTABLISH A 1332 STATE INNOVATION PROGRAM PURSUANT TO SECTION 1332 OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT (P.L. 111-148) AND SUBDIVISION TWENTY-FIVE OF SECTION TWO HUNDRED SIXTY-EIGHT-C OF THE PUBLIC HEALTH LAW. THE COMMISSIONER OF HEALTH'S AUTHORITY PURSUANT TO THIS SECTION IS CONTINGENT UPON OBTAINING AND MAINTAINING ALL NECESSARY APPROVALS FROM THE SECRETARY OF HEALTH AND HUMAN SERVICES AND THE SECRETARY OF THE TREASURY BASED ON AN APPLICATION FOR A WAIVER FOR STATE INNOVATION. THE COMMISSIONER OF HEALTH MAY TAKE ALL ACTIONS NECESSARY TO OBTAIN SUCH APPROVALS. 2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION: (A) "ELIGIBLE ORGANIZATION" MEANS AN INSURER LICENSED PURSUANT TO ARTICLE THIRTY-TWO OR FORTY-TWO OF THE INSURANCE LAW, A CORPORATION OR AN ORGANIZATION UNDER ARTICLE FORTY-THREE OF THE INSURANCE LAW, OR AN ORGANIZATION CERTIFIED UNDER ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW, INCLUDING PROVIDERS CERTIFIED UNDER SECTION FORTY-FOUR HUNDRED THREE-E OF THE PUBLIC HEALTH LAW. (B) "APPROVED ORGANIZATION" MEANS AN ELIGIBLE ORGANIZATION APPROVED BY THE COMMISSIONER OF HEALTH TO UNDERWRITE A 1332 STATE INNOVATION HEALTH INSURANCE PLAN PURSUANT TO THIS SECTION. (C) "HEALTH CARE SERVICES" MEANS: (I) THE SERVICES AND SUPPLIES AS DEFINED BY THE COMMISSIONER OF HEALTH 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 REFERENCE PLAN SELECTED BY THE COMMIS- SIONER OF HEALTH 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 S. 4007 106 A. 3007 WITHIN THE SERVICE AREA OF THE APPROVED ORGANIZATION THAT IS WILLING TO AGREE TO PROVIDE CANCER-RELATED INPATIENT, OUTPATIENT AND MEDICAL SERVICES TO ALL ENROLLEES IN APPROVED ORGANIZATIONS' 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 THE CENTER'S INPATIENT AND OUTPATIENT SERVICES; (II) DENTAL AND VISION SERVICES AS DEFINED BY THE COMMISSIONER OF HEALTH, AND (III) AS DEFINED BY THE COMMISSIONER OF HEALTH 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. (D) "QUALIFIED HEALTH PLAN" MEANS A HEALTH PLAN THAT MEETS THE CRITE- RIA FOR CERTIFICATION DESCRIBED IN § 1311(C) OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT (P.L. 111-148), AND IS OFFERED TO INDIVIDUALS THROUGH THE NY STATE OF HEALTH, THE OFFICIAL HEALTH MARKETPLACE, OR MARKETPLACE, AS DEFINED IN SUBDIVISION TWO OF SECTION TWO HUNDRED SIXTY-EIGHT-A OF THE PUBLIC HEALTH LAW. (E) "BASIC HEALTH INSURANCE PLAN" MEANS A HEALTH PLAN PROVIDING HEALTH CARE SERVICES, SEPARATE AND APART FROM QUALIFIED HEALTH PLANS, THAT IS ISSUED BY AN APPROVED ORGANIZATION AND CERTIFIED IN ACCORDANCE WITH SECTION THREE HUNDRED SIXTY-NINE-GG OF THIS TITLE. (F) "1332 STATE INNOVATION PLAN" MEANS A STANDARD HEALTH PLAN PROVID- ING HEALTH CARE SERVICES, SEPARATE AND APART FROM A QUALIFIED HEALTH PLAN AND A BASIC HEALTH INSURANCE PLAN, THAT IS ISSUED BY AN APPROVED ORGANIZATION AND CERTIFIED IN ACCORDANCE WITH THIS SECTION. 3. STATE INNOVATION PLAN ELIGIBLE INDIVIDUAL. (A) A PERSON IS ELIGIBLE TO RECEIVE COVERAGE FOR HEALTH CARE UNDER THIS SECTION IF THEY: (I) RESIDE IN NEW YORK STATE AND ARE UNDER SIXTY-FIVE YEARS OF AGE; (II) ARE NOT ELIGIBLE FOR MEDICAL ASSISTANCE UNDER TITLE ELEVEN OF THIS ARTICLE OR FOR THE CHILD HEALTH INSURANCE PLAN DESCRIBED IN TITLE ONE-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW; (III) ARE NOT ELIGIBLE FOR MINIMUM ESSENTIAL COVERAGE, AS DEFINED IN SECTION 5000A(F) OF THE INTERNAL REVENUE SERVICE CODE OF 1986, OR IS ELIGIBLE FOR AN EMPLOYER-SPONSORED PLAN THAT IS NOT AFFORDABLE, IN ACCORDANCE WITH SECTION 5000A(F) OF SUCH CODE; AND (IV) HAVE HOUSEHOLD INCOME AT OR BELOW TWO HUNDRED FIFTY 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 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 NONCITIZENS LAWFULLY PRESENT IN THE UNITED STATES WITH HOUSEHOLD INCOMES AT OR BELOW ONE HUNDRED THIRTY-THREE PERCENT OF THE FEDERAL POVERTY LINE SHALL BE ELIGI- BLE TO RECEIVE COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THE PROVISIONS OF THIS SECTION IF SUCH NONCITIZEN WOULD BE INELIGIBLE FOR MEDICAL ASSISTANCE UNDER TITLE ELEVEN OF THIS ARTICLE DUE TO THEIR IMMI- GRATION STATUS. (B) SUBJECT TO FEDERAL APPROVAL, A CHILD BORN TO AN INDIVIDUAL ELIGI- BLE FOR AND RECEIVING COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THIS S. 4007 107 A. 3007 SECTION WHO BUT FOR THEIR ELIGIBILITY UNDER THIS SECTION WOULD BE ELIGI- BLE FOR COVERAGE PURSUANT TO SUBPARAGRAPHS TWO OR FOUR OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION THREE HUNDRED SIXTY-SIX OF THIS ARTICLE, SHALL BE ADMINISTRATIVELY ENROLLED, AS DEFINED BY THE COMMISSIONER OF HEALTH, IN 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. (C) SUBJECT TO FEDERAL APPROVAL, AN INDIVIDUAL WHO IS ELIGIBLE FOR AND RECEIVING COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THIS SECTION IS ELIGIBLE TO CONTINUE TO RECEIVE HEALTH CARE SERVICES PURSUANT TO THIS SECTION DURING THE INDIVIDUAL'S 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 SECTION. (D) FOR THE PURPOSES OF THIS SECTION, 1332 STATE INNOVATION PROGRAM ELIGIBLE INDIVIDUALS ARE PROHIBITED FROM BEING TREATED AS QUALIFIED INDIVIDUALS UNDER SECTION 1312 OF THE AFFORDABLE CARE ACT AND AS ELIGI- BLE INDIVIDUALS UNDER SECTION 1331 OF THE ACA AND ENROLLING IN QUALIFIED HEALTH PLAN THROUGH THE MARKETPLACE OR STANDARD HEALTH PLAN THROUGH THE BASIC HEALTH PROGRAM. 4. ENROLLMENT. (A) SUBJECT TO FEDERAL APPROVAL, THE COMMISSIONER OF HEALTH IS AUTHORIZED TO ESTABLISH AN APPLICATION AND ENROLLMENT PROCE- DURE FOR PROSPECTIVE ENROLLEES. SUCH PROCEDURE WILL INCLUDE A VERIFICA- TION SYSTEM FOR APPLICANTS, WHICH MUST BE CONSISTENT WITH 42 USC § 1320B-7. (B) SUCH PROCEDURE SHALL ALLOW FOR CONTINUOUS ENROLLMENT FOR ENROLLEES TO THE 1332 STATE INNOVATION PROGRAM WHERE AN INDIVIDUAL MAY APPLY AND ENROLL FOR COVERAGE AT ANY POINT. (C) UPON AN APPLICANT'S ENROLLMENT IN A 1332 STATE INNOVATION PLAN, COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL BE RETROACTIVE TO THE FIRST DAY OF THE MONTH IN WHICH THE INDIVIDUAL WAS DETERMINED ELIGIBLE, EXCEPT IN THE CASE OF PROGRAM TRAN- SITIONS WITHIN THE MARKETPLACE. (D) A PERSON WHO HAS ENROLLED FOR COVERAGE PURSUANT TO THIS SECTION, AND WHO LOSES ELIGIBILITY TO ENROLL IN THE 1332 STATE INNOVATION PROGRAM FOR A REASON OTHER THAN CITIZENSHIP STATUS, LACK OF STATE RESIDENCE, FAILURE TO PROVIDE A VALID SOCIAL SECURITY NUMBER, PROVIDING INACCURATE INFORMATION THAT WOULD AFFECT ELIGIBILITY WHEN REQUESTING OR RENEWING HEALTH COVERAGE PURSUANT TO THIS SECTION, OR FAILURE TO MAKE AN APPLICA- BLE PREMIUM PAYMENT, BEFORE THE END OF A TWELVE MONTH PERIOD BEGINNING ON THE EFFECTIVE DATE OF THE PERSON'S INITIAL ELIGIBILITY FOR COVERAGE, OR BEFORE THE END OF A TWELVE MONTH PERIOD BEGINNING ON THE DATE OF ANY SUBSEQUENT DETERMINATION OF ELIGIBILITY, SHALL HAVE THEIR ELIGIBILITY FOR COVERAGE CONTINUED UNTIL THE END OF SUCH TWELVE MONTH PERIOD, PROVIDED THAT THE STATE RECEIVES FEDERAL APPROVAL FOR USING FUNDS UNDER AN APPROVED 1332 WAIVER. 5. PREMIUMS. SUBJECT TO FEDERAL APPROVAL, THE COMMISSIONER OF HEALTH SHALL ESTABLISH PREMIUM PAYMENTS ENROLLEES IN A 1332 STATE INNOVATION PLAN SHALL PAY TO APPROVED ORGANIZATIONS FOR COVERAGE OF HEALTH CARE SERVICES PURSUANT TO THIS SECTION. SUCH PREMIUM PAYMENTS SHALL BE ESTAB- LISHED IN THE FOLLOWING MANNER: (A) UP TO FIFTEEN DOLLARS MONTHLY FOR AN INDIVIDUAL WITH A HOUSEHOLD INCOME ABOVE TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LINE BUT AT OR BELOW TWO HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LINE DEFINED AND S. 4007 108 A. 3007 ANNUALLY REVISED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A HOUSEHOLD OF THE SAME SIZE; AND (B) NO PAYMENT IS REQUIRED FOR INDIVIDUALS WITH A 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. 6. COST-SHARING. THE COMMISSIONER OF HEALTH SHALL ESTABLISH COST-SHAR- ING OBLIGATIONS FOR ENROLLEES, SUBJECT TO FEDERAL APPROVAL, INCLUDING CHILDBIRTH AND NEWBORN CARE CONSISTENT WITH THE MEDICAL ASSISTANCE PROGRAM UNDER TITLE ELEVEN OF THIS ARTICLE. THERE SHALL BE NO COST-SHAR- ING OBLIGATIONS FOR ENROLLEES FOR: (A) DENTAL AND VISION SERVICES AS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION; AND (B) SERVICES AND SUPPORTS AS DEFINED IN SUBPARAGRAPH (III) OF PARA- GRAPH (C) OF SUBDIVISION TWO OF THIS SECTION. 7. RATES OF PAYMENT. (A) THE COMMISSIONER OF HEALTH SHALL SELECT THE CONTRACT WITH AN INDEPENDENT ACTUARY TO STUDY AND RECOMMEND APPROPRIATE REIMBURSEMENT METHODOLOGIES FOR THE COST OF HEALTH CARE SERVICE COVERAGE PURSUANT TO THIS SECTION. SUCH INDEPENDENT ACTUARY SHALL REVIEW AND MAKE RECOMMENDATIONS CONCERNING APPROPRIATE ACTUARIAL ASSUMPTIONS RELEVANT TO THE ESTABLISHMENT OF REIMBURSEMENT METHODOLOGIES, INCLUDING BUT NOT LIMITED TO; THE ADEQUACY OF RATES OF PAYMENT IN RELATION TO THE POPU- LATION TO BE SERVED ADJUSTED FOR CASE MIX, THE SCOPE OF HEALTH CARE SERVICES APPROVED ORGANIZATIONS MUST PROVIDE, THE UTILIZATION OF SUCH SERVICES AND THE NETWORK OF PROVIDERS REQUIRED TO MEET STATE STANDARDS. (B) UPON CONSULTATION WITH THE INDEPENDENT ACTUARY AND ENTITIES REPRESENTING APPROVED ORGANIZATIONS, THE COMMISSIONER OF HEALTH SHALL DEVELOP REIMBURSEMENT METHODOLOGIES AND FEE SCHEDULES FOR DETERMINING RATES OF PAYMENT, WHICH RATES SHALL BE APPROVED BY THE DIRECTOR OF THE DIVISION OF THE BUDGET, TO BE MADE BY THE DEPARTMENT TO APPROVED ORGAN- IZATIONS FOR THE COST OF HEALTH CARE SERVICES COVERAGE PURSUANT TO THIS SECTION. SUCH REIMBURSEMENT METHODOLOGIES AND FEE SCHEDULES MAY INCLUDE PROVISIONS FOR CAPITATION ARRANGEMENTS. (C) THE COMMISSIONER OF HEALTH SHALL HAVE THE AUTHORITY TO PROMULGATE REGULATIONS, INCLUDING EMERGENCY REGULATIONS, NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION. (D) THE DEPARTMENT OF HEALTH SHALL REQUIRE THE INDEPENDENT ACTUARY SELECTED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION TO PROVIDE A COMPLETE ACTUARIAL REPORT, ALONG WITH ALL ACTUARIAL ASSUMPTIONS MADE AND ALL OTHER DATA, MATERIALS AND METHODOLOGIES USED IN THE DEVELOPMENT OF RATES FOR THE 1332 STATE INNOVATION PLAN AUTHORIZED UNDER THIS SECTION. SUCH REPORT SHALL BE PROVIDED ANNUALLY TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY. 8. AN INDIVIDUAL WHO IS LAWFULLY ADMITTED FOR PERMANENT RESIDENCE, PERMANENTLY RESIDING IN THE UNITED STATES UNDER COLOR OF LAW, OR WHO IS A NON-CITIZEN IN A VALID NONIMMIGRANT STATUS, AS DEFINED IN 8 U.S.C. 1101(A)(15), AND WHO WOULD BE INELIGIBLE FOR MEDICAL ASSISTANCE UNDER TITLE ELEVEN OF THIS ARTICLE DUE TO THEIR IMMIGRATION STATUS IF THE PROVISIONS OF SECTION ONE HUNDRED TWENTY-TWO OF THIS CHAPTER WERE APPLIED, SHALL BE CONSIDERED TO BE INELIGIBLE FOR MEDICAL ASSISTANCE FOR PURPOSES OF PARAGRAPHS (B) AND (C) OF SUBDIVISION THREE OF THIS SECTION. 9. REPORTING. THE COMMISSIONER OF HEALTH SHALL SUBMIT A REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ANNU- ALLY BY DECEMBER THIRTY-FIRST. THE REPORT SHALL INCLUDE, AT A MINIMUM, AN ANALYSIS OF THE 1332 STATE INNOVATION PROGRAM AND ITS IMPACT ON THE FINANCIAL INTEREST OF THE STATE; ITS IMPACT ON THE MARKETPLACE INCLUDING S. 4007 109 A. 3007 ENROLLMENT AND PREMIUMS; ITS IMPACT ON THE NUMBER OF UNINSURED INDIVID- UALS IN THE STATE; ITS IMPACT ON THE MEDICAID GLOBAL CAP; AND THE DEMO- GRAPHICS OF THE 1332 STATE INNOVATION PROGRAM ENROLLEES INCLUDING AGE AND IMMIGRATION STATUS. 10. SEVERABILITY. IF THE SECRETARY OF HEALTH AND HUMAN SERVICES OR THE SECRETARY OF THE TREASURY DO NOT APPROVE ANY PROVISION OF THE APPLICA- TION FOR A STATE INNOVATION WAIVER, SUCH DECISION SHALL IN NO WAY AFFECT OR IMPAIR ANY OTHER PROVISIONS THAT THE SECRETARIES MAY APPROVE UNDER THIS SECTION. § 4. The state finance law is amended by adding a new section 98-d to read as follows: § 98-D. 1332 STATE INNOVATION PROGRAM FUND. 1. THERE IS HEREBY ESTAB- LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION- ER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "1332 STATE INNOVATION PROGRAM FUND". 2. SUCH FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER FUNDS IN THE CUSTODY OF THE STATE COMPTROLLER AND THE COMMIS- SIONER OF TAXATION AND FINANCE. 3. SUCH FUND SHALL CONSIST OF MONEYS TRANSFERRED FROM THE FEDERAL GOVERNMENT PURSUANT TO 42 U.S.C. 18052 AND AN APPROVED 1332 STATE INNO- VATION PROGRAM WAIVER APPLICATION FOR THE PURPOSE IMPLEMENTING THE STATE PLAN UNDER THE 1332 STATE INNOVATION PROGRAM, ESTABLISHED PURSUANT TO SECTION THREE HUNDRED SIXTY-NINE-II OF THE SOCIAL SERVICES LAW. 4. UPON FEDERAL APPROVAL, ALL MONEYS IN SUCH FUND SHALL BE USED TO IMPLEMENT AND OPERATE THE 1332 STATE INNOVATION PROGRAM, PURSUANT TO SECTION THREE HUNDRED SIXTY-NINE-II OF THE SOCIAL SERVICES LAW, EXCEPT TO THE EXTENT THAT THE PROVISIONS OF SUCH SECTION CONFLICT OR ARE INCON- SISTENT WITH FEDERAL LAW, IN WHICH CASE THE PROVISIONS OF SUCH FEDERAL LAW SHALL SUPERSEDE SUCH STATE LAW PROVISIONS. § 5. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 6. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after January 1, 2023; provided that section three of this act shall be contingent upon the commissioner of health obtaining and maintaining all necessary approvals from the secretary of health and human services and the secretary of the treasury based on an application for a waiver for state innovation pursuant to section 1332 of the patient protection and affordable care act (P.L. 111-148) and subdivision 25 of section 268-c of the public health law. The department of health shall notify the legislative bill drafting commission upon the occurrence of approval of the waiver program in order that the commission may maintain an accurate and timely 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 I S. 4007 110 A. 3007 Section 1. Subdivision (i) of section 111 of part H of chapter 59 of the laws of 2011, amending the public health law and other laws relating to known and projected department of health state fund medical expendi- tures, as amended by section 8 of part E of chapter 57 of the laws of 2019, is amended to read as follows: (i) the amendments to paragraph (b) and subparagraph (i) of paragraph (g) of subdivision 7 of section 4403-f of the public health law made by section forty-one-b of this act shall expire and be repealed April 1, [2023] 2027; § 2. 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-A OF THIS SECTION. Such eligible applicant shall submit information and documentation to the commissioner which shall include, but not be limited to: § 3. Paragraph (a) of subdivision 6 of section 4403-f of the public health law, as amended by section 4 of part MM of chapter 56 of the laws of 2020, is amended to read as follows: (a) An applicant shall be issued a certificate of authority as a managed long term care plan upon a determination by the commissioner that the applicant complies with the operating requirements for a managed long term care plan under this section. The commissioner shall issue no more than seventy-five certificates of authority to managed long term care plans pursuant to this section. (A-1) 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. A MANAGED LONG TERM CARE PLAN THAT HAS BEEN ISSUED A CERTIFICATE OF AUTHORITY, OR AN APPLICANT FOR A CERTIFICATE OF AUTHORITY AS A MANAGED LONG TERM CARE PLAN THAT HAS, IN THE SOLE DISCRETION OF THE COMMISSIONER, IN ANY OF THE THREE CALENDAR YEARS IMMEDIATELY PRECEDING THE APPLICATION, MET ANY OF THE FOLLOWING CRITERIA SHALL NOT BE ELIGIBLE FOR A CONTRACT FOR THE PROVISION OF SERVICES AVAILABLE UNDER TITLE ELEV- EN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW: (I) CLASSIFIED AS A POOR PERFORMER, OR SUBSTANTIALLY SIMILAR TERMINOLOGY, BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES; (II) AN EXCESSIVE VOLUME OF PENALTIES, STATEMENTS OF FINDINGS, STATEMENTS OF DEFICIENCY, INTERMEDIATE SANCTIONS OR ENFORCEMENT ACTIONS, REGARDLESS OF WHETHER THE APPLICANT HAS ADDRESSED SUCH ISSUES IN A TIMELY MANNER; OR (III) OTHER CRITERIA AS DEEMED APPROPRIATE BY THE COMMISSIONER. § 4. The opening paragraph of subparagraph (i) of paragraph (d) of subdivision 6 of section 4403-f of the public health law, as added by section 5 of part MM of chapter 56 of the laws of 2020, is amended to read as follows: Effective April first, two thousand twenty, and expiring March thir- ty-first, two thousand [twenty-two] TWENTY-SEVEN, the commissioner shall place a moratorium on the processing and approval of applications seek- ing a certificate of authority as a managed long term care plan pursuant to this section, including applications seeking authorization 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: S. 4007 111 A. 3007 § 5. Section 4403-f of the public health law is amended by adding a new subdivision 6-a to read as follows: 6-A. PERFORMANCE STANDARDS AND PROCUREMENT. (A) ON OR BEFORE OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR, EACH MANAGED LONG TERM CARE PLAN THAT HAS BEEN ISSUED A CERTIFICATE OF AUTHORITY PURSUANT TO THIS SECTION SHALL HAVE DEMONSTRATED EXPERIENCE OPERATING A MANAGED LONG TERM CARE PLAN THAT CONTINUOUSLY ENROLLED NO FEWER THAN TWENTY THOUSAND ENROLLEES AND/OR DEMONSTRATED EXPERIENCE OPERATING A MEDICARE DUAL ELIGIBLE SPECIAL NEEDS PLAN, OR AN INTEGRATED MEDICAID PRODUCT OFFERED BY THE DEPARTMENT, THAT HAS CONTINUOUSLY ENROLLED NO FEWER THAN FIVE THOUSAND RESIDENTS OF THIS STATE IN THE IMMEDIATELY PRECEDING CALENDAR YEAR. IN ADDITION, A MANAGED LONG TERM CARE PLAN SHALL SUFFICIENTLY DEMONSTRATE, IN THE SOLE DISCRETION OF THE COMMISSIONER, SUCCESS IN THE FOLLOWING PERFORMANCE CATEGORIES: (I) IN ADDITION TO MEETING THE REQUIREMENTS OF PARAGRAPH (J) OF SUBDI- VISION SEVEN OF THIS SECTION, COMMITMENT TO CONTRACTING WITH THE MINIMUM NUMBER OF LICENSED HOME CARE SERVICE AGENCIES NEEDED TO PROVIDE NECES- SARY PERSONAL CARE SERVICES TO THE GREATEST PRACTICABLE NUMBER OF ENROL- LEES, AND WITH THE MINIMUM NUMBER OF FISCAL INTERMEDIARIES NEEDED TO PROVIDE NECESSARY CONSUMER DIRECTED PERSONAL ASSISTANCE SERVICES TO THE GREATEST PRACTICABLE NUMBER OF ENROLLEES IN ACCORDANCE WITH SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW; (II) READINESS TO TIMELY IMPLEMENT AND ADHERE TO MAXIMUM WAIT TIME CRITERIA FOR KEY CATEGORIES OF SERVICE IN ACCORDANCE WITH LAWS, RULES AND REGULATIONS OF THE DEPARTMENT OR THE CENTER FOR MEDICARE AND MEDI- CAID SERVICES; (III) IMPLEMENTATION OF A COMMUNITY REINVESTMENT PLAN THAT HAS BEEN APPROVED BY THE DEPARTMENT AND COMMITS A PERCENTAGE OF THE MANAGED LONG TERM CARE PLAN'S SURPLUS TO HEALTH RELATED SOCIAL NEEDS AND ADVANCING HEALTH EQUITY IN THE MANAGED LONG TERM CARE PLAN'S SERVICE AREA; (IV) COMMITMENT TO QUALITY IMPROVEMENT; (V) 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; (VI) DEMONSTRATED CULTURAL AND LANGUAGE COMPETENCIES SPECIFIC TO THE POPULATION OF PARTICIPANTS; (VII) BREADTH OF SERVICE AREA ACROSS MULTIPLE REGIONS; (VIII) ABILITY TO SERVE ENROLLEES ACROSS THE CONTINUUM OF CARE, AS DEMONSTRATED BY THE TYPE AND NUMBER OF PRODUCTS THE MANAGED LONG TERM CARE OPERATES OR HAS APPLIED TO OPERATE, INCLUDING INTEGRATED CARE FOR PARTICIPANTS WHO ARE DUALLY ELIGIBLE FOR MEDICAID AND MEDICARE, AND 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; (IX) VALUE BASED CARE READINESS AND EXPERIENCE; AND (X) SUCH OTHER CRITERIA AS DEEMED APPROPRIATE BY THE COMMISSIONER. (B) (I) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDI- VISION, IF NO SOONER THAN OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR THE COMMISSIONER HAS DETERMINED, IN THEIR SOLE DISCRETION, THAT AN INSUFFI- CIENT NUMBER OF MANAGED LONG TERM CARE PLANS HAVE MET THE PERFORMANCE STANDARDS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION, EACH MANAGED LONG TERM CARE PLAN THAT HAS BEEN ISSUED A CERTIFICATE OF AUTHORITY TO COVER A POPULATION OF ENROLLEES ELIGIBLE FOR SERVICES UNDER TITLE XIX OF THE FEDERAL SOCIAL SECURITY ACT SHALL BE REQUIRED TO SUBMIT AN APPLICA- TION FOR CONTINUANCE OF ITS CERTIFICATION OF AUTHORITY TO OPERATE AS A MANAGED LONG TERM CARE PLAN UNDER THIS SECTION, AND SHALL BE SUBJECT TO SELECTION THROUGH A COMPETITIVE BID PROCESS BASED ON PROPOSALS SUBMITTED S. 4007 112 A. 3007 TO THE DEPARTMENT, WHICH COMPETITIVE BID PROCESS MAY BE LIMITED TO A GEOGRAPHIC OR OTHER REASONABLE BASIS OF NEED, AS DETERMINED BY THE COMMISSIONER. IN MAKING A DETERMINATION REGARDING THE NEED FOR A COMPET- ITIVE BID PROCESS, THE COMMISSIONER SHALL CONSIDER WHETHER ANY MANAGED LONG TERM CARE PLANS THAT HAVE NOT MET THE PERFORMANCE STANDARDS ARE ENGAGED IN A MERGER, ACQUISITION, OR SIMILAR TRANSACTION WITH A MANAGED LONG TERM CARE PLAN THAT HAS MET THE PERFORMANCE STANDARDS, AS EVIDENCED THROUGH AN EXECUTED DEFINITIVE AGREEMENT BY SUCH MANAGED LONG TERM CARE PLANS. (II) IN THE EVENT THE COMMISSIONER DETERMINES TO SELECT MANAGED LONG TERM CARE PLANS THROUGH A COMPETITIVE BID PROCESS, ANY PROPOSAL SUBMIT- TED TO THE DEPARTMENT THROUGH THE COMPETITIVE BID PROCESS SHALL INCLUDE: (A) THE CRITERIA SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION; (B) THE TYPE AND NUMBER OF PRODUCTS THE BIDDER PROPOSES TO OPERATE, INCLUDING THOSE PROVIDING INTEGRATED CARE TO 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; AND (C) THE BIDDER'S COMMITMENT TO OFFERING PLANS IN MULTIPLE REGIONS, AS SUCH REGIONS ARE DEFINED BY THE DEPARTMENT, AND IN EVERY COUNTY OF EACH REGION FOR WHICH THEY ARE SUBMITTING A BID. (III) MANAGED LONG TERM CARE PLANS AWARDED UNDER THIS PARAGRAPH SHALL BE ENTITLED TO ENTER INTO A CONTRACT WITH THE DEPARTMENT FOR THE PURPOSE OF OFFERING MANAGED LONG TERM CARE SERVICES TO ENROLLEES PURSUANT TO THIS SECTION. (IV) MANAGED LONG TERM CARE PLANS WHICH SUBMIT A BID THROUGH A COMPET- ITIVE BID PROCESS AND ARE NOT AWARDED UNDER THIS PARAGRAPH 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 MAINTAIN COVERAGE OF PARTICIPANTS FOR SUCH PERIOD OF TIME AS DETERMINED NECESSARY BY THE COMMISSIONER TO ACHIEVE THE SAFE AND ORDERLY TRANSFER OF PARTIC- IPANTS. PARTICIPANTS WHO, AFTER NO LESS THAN SIXTY DAYS NOTICE, HAVE NOT SELECTED ANOTHER PLAN WILL BE ASSIGNED TO A MANAGED LONG TERM CARE PLAN OR PLANS, AS DETERMINED BY THE COMMISSIONER. (C) 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, IN THE EVENT THE COMMISSIONER DETERMINES TO PROVIDE FOR THE SELECTION OF QUALIFIED MANAGED LONG TERM CARE PLANS IN ACCORDANCE WITH PARAGRAPH (B) OF THIS SUBDIVISION THROUGH A COMPET- ITIVE BID PROCESS, SUCH PROCESS SHALL BE BASED ON PROPOSALS SUBMITTED TO 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 PARAGRAPH (B) OF THIS SUBDIVISION. (II) IN ADDITION TO THE CRITERIA DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE COMMISSIONER SHALL ALSO CONSIDER: (A) THE CORPORATE ORGANIZATION AND STATUS OF THE BIDDER AS A CHARITA- BLE CORPORATION UNDER THE NOT-FOR-PROFIT CORPORATION LAW; (B) 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 S. 4007 113 A. 3007 TO A BIDDER FOR NON-COMPLIANCE WITH SUCH REQUIREMENTS, WHETHER THE BIDDER ADDRESSED SUCH ISSUES IN A TIMELY MANNER; AND (C) 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) NO SOONER THAN OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR 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. (V) (A) NO SOONER THAN APRIL FIRST TWO THOUSAND TWENTY-SIX, THE COMMISSIONER SHALL MAKE AWARDS UNDER THIS SUBDIVISION TO AT LEAST TWO MANAGED LONG TERM CARE PLANS IN EACH GEOGRAPHIC REGION DEFINED BY THE COMMISSIONER 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. (B) 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, 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 DETER- MINED 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 THE EXPANSION OR REDUCTION OF MEDICAL ASSISTANCE SERVICES AVAILABLE TO PARTICIPANTS THROUGH A MANAGED LONG TERM CARE PLAN. (C) 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 S. 4007 114 A. 3007 OR FEDERAL LAWS AND REGULATIONS AND ANY LOSS OF NECESSARY STATE OR FEDERAL FUNDING. (D) 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. (VI) (A) WITHIN SIXTY DAYS OF THE DEPARTMENT ISSUING THE REQUEST FOR PROPOSALS, 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. (B) A MANAGED LONG TERM CARE PLAN THAT: (1) FAILS TO SUBMIT ITS INTENT TIMELY, (2) INDICATES WITHIN THE SIXTY DAYS ITS INTENT NOT TO COMPLETE SUCH A PROPOSAL, OR (3) FAILS TO SUBMIT A PROPOSAL WITHIN THE FURTHER TIMEFRAME SPECIFIED BY THE COMMISSIONER IN THE REQUEST FOR PROPOSALS, 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- SARY BY THE COMMISSIONER TO ACHIEVE THE SAFE AND ORDERLY TRANSFER OF ENROLLEES. (VII) IF NECESSARY TO ENSURE ACCESS TO A 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 (B) OF THIS SUBDIVISION, 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 SHALL BE SUBJECT TO THE REQUIREMENTS OF THIS SECTION, INCLUDING THE MINIMUM AND MAXIMUM NUMBER OF AWARDS IN A REGION. (D) IN THE EVENT THE COMMISSIONER, IN THEIR SOLE DISCRETION AT ANY TIME ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR, DETERMINES NOT TO SELECT MANAGED LONG TERM CARE PLANS THROUGH A COMPETITIVE BID PROC- ESS, THE COMMISSIONER SHALL REQUIRE A MANAGED LONG TERM CARE PLAN THAT HAS NOT MET THE PERFORMANCE STANDARDS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION TO ESTABLISH AND IMPLEMENT A PERFORMANCE IMPROVEMENT PLAN ACCEPTABLE TO THE COMMISSIONER. THE DETERMINATION NOT TO SELECT MANAGED LONG TERM CARE PLANS THROUGH A COMPETITIVE BID PROCESS AND TO REQUIRE A PERFORMANCE IMPROVEMENT PLAN SHALL NOT PRECLUDE THE COMMISSIONER FROM MAKING A LATER DETERMINATION TO SELECT MANAGED LONG TERM CARE PLANS THROUGH A COMPETITIVE BID PROCESS. IN MAKING THE DETERMINATION WHETHER TO SELECT THROUGH A COMPETITIVE BID PROCESS, THE COMMISSIONER SHALL CONSIDER THE STANDARDS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION. (E) THE COMMISSIONER SHALL HAVE THE AUTHORITY TO PROMULGATE REGU- LATIONS, INCLUDING EMERGENCY REGULATIONS, TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION. (F) THE COMMISSIONER SHALL HAVE THE AUTHORITY TO ADD OR MODIFY ALL CRITERIA IN THIS SUBDIVISION. § 6. Subparagraph (i) of paragraph (g) of subdivision 7 of section 4403-f of the public health law, as amended by section 1 of part GGG of chapter 59 of the laws of 2017, is amended to read as follows: S. 4007 115 A. 3007 (i) Managed long term care plans and demonstrations may enroll eligi- ble persons in the plan or demonstration upon the completion of a comprehensive assessment that shall include, but not be limited to, an evaluation of the medical, social, cognitive, and environmental needs of each prospective enrollee in such program. This assessment shall also serve as the basis for the development and provision of an appropriate plan of care for the enrollee, INCLUDING APPROPRIATE COMMUNITY-BASED REFERRALS. Upon approval of federal waivers pursuant to paragraph (b) of this subdivision which require medical assistance recipients who require community-based long term care services to enroll in a plan, and upon approval of the commissioner, a plan may enroll an applicant who is currently receiving home and community-based services and complete the comprehensive assessment within thirty days of enrollment provided that the plan continues to cover transitional care until such time as the assessment is completed. § 6-a. Subparagraph (i) of paragraph (g) of subdivision 7 of section 4403-f of the public health law, as added by section 65-c of part A of chapter 57 of the laws of 2006 and relettered by section 20 of part C of chapter 58 of the laws of 2007, is amended to read as follows: (i) Managed long term care plans and demonstrations may enroll eligi- ble persons in the plan or demonstration upon the completion of a comprehensive assessment that shall include, but not be limited to, an evaluation of the medical, social and environmental needs of each prospective enrollee in such program. This assessment shall also serve as the basis for the development and provision of an appropriate plan of care for the prospective enrollee, INCLUDING APPROPRIATE COMMUNITY-BASED REFERRALS. § 7. Subparagraphs (i) and (ii) of paragraph (a) of subdivision 4-a of section 365-f of the social services law, as amended by section 3 of part G of chapter 57 of the laws of 2019, the opening paragraph of subparagraph (i) as amended by section 2 of part PP of chapter 57 of the laws of 2022, are amended to read as follows: (i) "Fiscal intermediary" means an entity that provides fiscal inter- mediary services and has a contract for providing such services with [the department of health and is selected through the procurement proc- ess described in paragraphs (b), (b-1), (b-2) and (b-3) of this subdivi- sion. Eligible applicants for contracts shall be entities that are capa- ble of appropriately providing fiscal intermediary services, performing the responsibilities of a fiscal intermediary, and complying with this section, including but not limited to entities that]: (A) [are a service center for independent living under section one thousand one hundred twenty-one of the education law; or] A LOCAL DEPARTMENT OF SOCIAL SERVICES; (B) [have been established as fiscal intermediaries prior to January first, two thousand twelve and have been continuously providing such services for eligible individuals under this section.] AN ORGANIZATION LICENSED UNDER ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW; OR (C) AN ACCOUNTABLE CARE ORGANIZATION CERTIFIED UNDER ARTICLE TWENTY- NINE-E OF THE PUBLIC HEALTH LAW OR AN INTEGRATED DELIVERY SYSTEM COMPOSED PRIMARILY OF HEALTH CARE PROVIDERS RECOGNIZED BY THE DEPARTMENT AS A PERFORMING PROVIDER SYSTEM UNDER THE DELIVERY SYSTEM REFORM INCEN- TIVE PAYMENT PROGRAM. (ii) Fiscal intermediary services shall include the following services, performed on behalf of the consumer to facilitate his or her role as the employer: S. 4007 116 A. 3007 (A) wage and benefit processing for consumer directed personal assist- ants; (B) processing all income tax and other required wage withholdings; (C) complying with workers' compensation, disability and unemployment requirements; (D) maintaining personnel records for each consumer directed personal assistant, including time records and other documentation needed for wages and benefit processing and a copy of the medical documentation required pursuant to regulations established by the commissioner; (E) ensuring that the health status of each consumer directed personal assistant is assessed prior to service delivery pursuant to regulations issued by the commissioner; (F) maintaining records of service authorizations or reauthorizations; (G) monitoring the consumer's or, if applicable, the designated repre- sentative's continuing ability to fulfill the consumer's responsibil- ities under the program and promptly notifying the authorizing entity of any circumstance that may affect the consumer's or, if applicable, the designated representative's ability to fulfill such responsibilities; (H) complying with regulations established by the commissioner speci- fying the responsibilities of fiscal intermediaries providing services under this title; AND (I) entering into a department approved memorandum of understanding with the consumer that describes the parties' responsibilities under this program[; and (J) other related responsibilities which may include, as determined by the commissioner, assisting consumers to perform the consumers' respon- sibilities under this section and department regulations in a manner that does not infringe upon the consumer's responsibilities and self-di- rection]. § 8. Paragraph (b) of subdivision 4-a of section 365-f of the social services law, as amended by section 4 of part G of chapter 57 of the laws of 2019, subparagraph (vi) as amended by section 1 of part LL of chapter 57 of the laws of 2021, is amended to read as follows: (b) [Notwithstanding any inconsistent provision of section one hundred sixty-three of the state finance law, or section one hundred forty-two of the economic development law the commissioner shall enter into contracts under this subdivision with eligible contractors that submit an offer for a contract, provided, however, that: (i) the department shall post on its website: (A) a description of the proposed services to be provided pursuant to contracts in accordance with this subdivision; (B) that the selection of contractors shall be based on criteria reasonably related to the contractors' ability to provide fiscal inter- mediary services including but not limited to: ability to appropriately serve individuals participating in the program, geographic distribution that would ensure access in rural and underserved areas, demonstrated cultural and language competencies specific to the population of consum- ers and those of the available workforce, ability to provide timely consumer assistance, experience serving individuals with disabilities, the availability of consumer peer support, and demonstrated compliance with all applicable federal and state laws and regulations, including but not limited to those relating to wages and labor; (C) the manner by which prospective contractors may seek such selection, which may include submission by electronic means; S. 4007 117 A. 3007 (ii) all reasonable and responsive offers that are received from prospective contractors in timely fashion shall be reviewed by the commissioner; (iii) the commissioner shall award such contracts to the contractors that best meet the criteria for selection and are best suited to serve the purposes of this section and the needs of consumers; (iv) all entities providing fiscal intermediary services on or before April first, two thousand nineteen, shall submit an offer for a contract under this section within sixty days after the commissioner publishes the initial offer on the department's website. Such entities shall be deemed authorized to provide such services unless: (A) the entity fails to submit an offer for a contract under this section within the sixty days; or (B) the entity's offer for a contract under this section is denied; (v) all decisions made and approaches taken pursuant to this paragraph shall be documented in a procurement record as defined in section one hundred sixty-three of the state finance law; and (vi) the commissioner is authorized to either reoffer contracts or utilize the previous offer, to ensure that all provisions of this section are met.] AS OF JANUARY FIRST, TWO THOUSAND TWENTY-FOUR NO ENTI- TY SHALL PROVIDE, DIRECTLY OR THROUGH CONTRACT, FISCAL INTERMEDIARY SERVICES WITHOUT AN AUTHORIZATION AS A FISCAL INTERMEDIARY ISSUED BY THE COMMISSIONER IN ACCORDANCE WITH THIS SUBDIVISION. THE COMMISSIONER MAY ISSUE REGULATIONS, INCLUDING EMERGENCY REGULATIONS, CLARIFYING THE AUTHORIZATION PROCESS, STANDARDS AND TIME FRAMES. § 9. Paragraphs (b-1), (b-2) and (b-3) of subdivision 4-a of section 365-f of the social services law are REPEALED. § 10. Subdivision 4-b of section 365-f of the social services law, as amended by section 8 of part G of chapter 57 of the laws of 2019, is amended to read as follows: 4-b. Actions involving the authorization of a fiscal intermediary. (a) [The department may terminate a fiscal intermediary's contract under this section or suspend or limit the fiscal intermediary's rights and privileges under the contract upon thirty day's written notice to the fiscal intermediary, if the commissioner finds that the fiscal intermediary has failed to comply with the provisions of this section or regulations promulgated hereunder. The written notice shall include: (i) A description of the conduct and the issues related thereto that have been identified as failure of compliance; and (ii) the time frame of the conduct that fails compliance] A FISCAL INTERMEDIARY'S AUTHORIZATION MAY BE REVOKED, SUSPENDED, LIMITED OR ANNULLED UPON THIRTY DAYS WRITTEN NOTICE TO THE FISCAL INTERMEDIARY, IF THE COMMISSIONER FINDS THAT THE FISCAL INTERMEDIARY HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION OR REGULATIONS PROMULGATED HERE- UNDER. (b) Notwithstanding the foregoing, upon determining that the public health or safety would be imminently endangered by the continued opera- tion or actions of the fiscal intermediary, the commissioner may [termi- nate] REVOKE, SUSPEND, LIMIT OR ANNUL the fiscal intermediary's [contract or suspend or limit the fiscal intermediary's rights and priv- ileges under the contract] AUTHORIZATION immediately [upon written notice]. (c) All orders or determinations under this subdivision shall be subject to review as provided in article seventy-eight of the civil practice law and rules. S. 4007 118 A. 3007 § 11. Paragraph (c) of subdivision 4-d of section 365-f of the social services law, as added by section 7 of part G of chapter 57 of the laws of 2019, is amended to read as follows: (c) Where a fiscal intermediary is suspending or ceasing operation pursuant to an order under subdivision four-b of this section, [or has failed to submit an offer for a contract, or has been denied a contract under this section,] all the provisions of this subdivision shall apply except subparagraph (i) of paragraph (a) of this subdivision, notice of which to all parties shall be provided by the department as appropriate. § 12. Paragraph (d) of subdivision 4-d of section 365-f of the social services law, as added by section 3 of part LL of chapter 57 of the laws of 2021 is REPEALED. § 13. Part I of chapter 57 of the laws of 2022, providing a one percent across the board payment increase to all qualifying fee-for-ser- vice Medicaid rates, is amended by adding two new sections 1-a and 1-b to read as follows: § 1-A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE STATE FISCAL YEARS BEGINNING APRIL 1, 2023, AND THEREAFTER, MEDICAID PAYMENTS MADE FOR THE OPERATING COMPONENT OF RESIDENTIAL HEALTH CARE FACILITIES SERVICES SHALL BE SUBJECT TO A UNIFORM RATE INCREASE OF FIVE PERCENT IN ADDITION TO THE INCREASE CONTAINED IN SUBDIVISION 1 OF SECTION 1 OF THIS PART, SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND THE DIRECTOR OF THE BUDGET. SUCH RATE INCREASE SHALL BE SUBJECT TO FEDERAL FINANCIAL PARTICIPATION. § 1-B. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE STATE FISCAL YEARS BEGINNING APRIL 1, 2023, AND THEREAFTER, MEDICAID PAYMENTS MADE FOR THE OPERATING COMPONENT OF ASSISTED LIVING PROGRAMS AS DEFINED BY PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 461-L OF THE SOCIAL SERVICES LAW SHALL BE SUBJECT TO A UNIFORM RATE INCREASE OF FIVE PERCENT IN ADDITION TO THE INCREASE CONTAINED IN SECTION ONE OF THIS PART, SUBJECT TO THE APPROVAL OF THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND THE DIRECTOR OF THE BUDGET. SUCH RATE INCREASE SHALL BE SUBJECT TO FEDERAL FINANCIAL PARTICIPATION. § 14. Paragraphs (d) and (i) of subdivision 1 and subdivisions 2, 4, 5, 5-a, 6, 6-a, 7, 7-a, 9 and 10 of section 3614-c of the public health law, paragraphs (d) and (i) of subdivision 1 and subdivisions 2, 4, 5, 6, 7, 9 and 10 as amended and subdivisions 6-a and 7-a as added by section 1 and subdivision 5-a as added by section 1-a of part OO of chapter 56 of the laws of 2020, are amended to read as follows: (d) "Home care aide" means a home health aide, personal care aide, home attendant, [personal assistant performing consumer directed personal assistance services pursuant to section three hundred sixty- five-f of the social services law,] or other licensed or unlicensed person whose primary responsibility includes the provision of in-home assistance with activities of daily living, instrumental activities of daily living or health-related tasks; provided, however, that home care aide does not include any individual (i) working on a casual basis, or (ii) [(except for a person employed under the consumer directed personal assistance program under section three hundred sixty-five-f of the social services law)] who is a relative through blood, marriage or adoption of: (1) the employer; or (2) the person for whom the worker is delivering services, under a program funded or administered by federal, state or local government. [(i) "Fiscal intermediary" means a fiscal intermediary in the consumer directed personal assistance program under section three hundred sixty- five-f of the social services law.] S. 4007 119 A. 3007 2. Notwithstanding any inconsistent provision of law, rule or regu- lation, no payments by government agencies shall be made to certified home health agencies, long term home health care programs, managed care plans, [fiscal intermediaries,] the nursing home transition and diver- sion waiver program under section three hundred sixty-six of the social services law, or the traumatic brain injury waiver program under section twenty-seven hundred forty of this chapter for any episode of care furnished, in whole or in part, by any home care aide who is compensated at amounts less than the applicable minimum rate of home care aide total compensation established pursuant to this section. 4. The terms of this section shall apply equally to services provided by home care aides who work on episodes of care as direct employees of certified home health agencies, long term home health care programs, or managed care plans, or as employees of licensed home care services agen- cies, limited licensed home care services agencies, [or fiscal interme- diaries,] or under any other arrangement. 5. No payments by government agencies shall be made to certified home health agencies, licensed home care services agencies, long term home health care programs, managed care plans, [fiscal intermediaries] for any episode of care without the certified home health agency, licensed home care services agency, long term home health care program, OR managed care plan [or the fiscal intermediary], having delivered prior written certification to the commissioner annually, at a time prescribed by the commissioner, on forms prepared by the department in consultation with the department of labor, that all services provided under each episode of care during the period covered by the certification are in full compliance with the terms of this section and any regulations promulgated pursuant to this section and that no portion of the dollars spent or to be spent to satisfy the wage or benefit portion under this section shall be returned to the certified home health agency, licensed home care services agency, long term home health care program, OR managed care plan, [or fiscal intermediary,] related persons or enti- ties, other than to a home care aide as defined in this section to whom the wage or benefits are due, as a refund, dividend, profit, or in any other manner. Such written certification shall also verify that the certified home health agency, long term home health care program, or managed care plan has received from the licensed home care services agency, [fiscal intermediary,] or other third party an annual statement of wage parity hours and expenses on a form provided by the department of labor accompanied by an independently-audited financial statement verifying such expenses. 5-a. No portion of the dollars spent or to be spent to satisfy the wage or benefit portion under this section shall be returned to the certified home health agency, licensed home care services agency, long term home health care program, OR managed care plan, [or fiscal interme- diary,] related persons or entities, other than to a home care aide as defined in this section to whom the wage or benefits are due, as a refund, dividend, profit, or in any other manner. 6. If a certified home health agency, long term home health care program or managed care plan elects to provide home care aide services through contracts with licensed home care services agencies, [fiscal intermediaries,] or through other third parties, provided that the episode of care on which the home care aide works is covered under the terms of this section, the certified home health agency, long term home health care program, or managed care plan shall include in its contracts, a requirement that it be provided with a written certif- S. 4007 120 A. 3007 ication, verified by oath, from the licensed home care services agency, [fiscal intermediary,] or other third party, on forms prepared by the department in consultation with the department of labor, which attests to the licensed home care services agency's, [fiscal intermediary's,] or other third party's compliance with the terms of this section. Such contracts shall also obligate the licensed home care services agency, [fiscal intermediary,] or other third party to provide the certified home health agency, long term home health care program, or managed care plan all information from the licensed home care services agency, [fiscal intermediary] or other third party necessary to verify compli- ance with the terms of this section, which shall include an annual compliance statement of wage parity hours and expenses on a form provided by the department of labor accompanied by an independently-au- dited financial statement verifying such expenses. Such annual state- ments shall be available no less than annually for the previous calendar year, at a time as prescribed by the commissioner. Such certifications, the information necessary to verify compliance, and the annual compli- ance statement and financial statements shall be retained by all certi- fied home health agencies, long term home health care programs, or managed care plans, and all licensed home care services agencies, [fiscal intermediaries,] or other third parties for a period of no less than ten years, and made available to the department upon request. Any licensed home care services agency, [fiscal intermediary,] or other third party who shall upon oath verify any statement required to be transmitted under this section and any regulations promulgated pursuant to this section which is known by such party to be false shall be guilty of perjury and punishable as provided by the penal law. 6-a. The certified home health agency, long term home health care program, or managed care plan shall review and assess the annual compli- ance statement of wage parity hours and expenses and make a written referral to the department of labor for any reasonably suspected fail- ures of licensed home care services agencies, [fiscal intermediaries,] or third parties to conform to the wage parity requirements of this section. 7. The commissioner shall distribute to all certified home health agencies, long term home health care programs, managed care plans, AND licensed home care services agencies[, and fiscal intermediaries] offi- cial notice of the minimum rates of home care aide compensation at least one hundred twenty days prior to the effective date of each minimum rate for each social services district covered by the terms of this section. 7-a. Any certified home health agency, licensed home care services agency, long term home health care program, managed care plan, [or fiscal intermediary,] or other third party that willfully pays less than such stipulated minimums regarding wages and supplements, as established in this section, shall be guilty of a misdemeanor and upon conviction shall be punished, for a first offense by a fine of five hundred dollars or by imprisonment for not more than thirty days, or by both fine and imprisonment; for a second offense by a fine of one thousand dollars, and in addition thereto the contract on which the violation has occurred shall be forfeited; and no such person or corporation shall be entitled to receive any sum nor shall any officer, agent or employee of the state pay the same or authorize its payment from the funds under his or her charge or control to any person or corporation for work done upon any contract, on which the certified home health agency, licensed home care services agency, long term home health care program, managed care plan, S. 4007 121 A. 3007 [or fiscal intermediary,] or other third party has been convicted of a second offense in violation of the provisions of this section. 9. Nothing in this section should be construed as applicable to any service provided by certified home health agencies, licensed home care services agencies, long term home health care programs, or managed care plans[, or fiscal intermediaries] except for all episodes of care reim- bursed in whole or in part by the New York Medicaid program. 10. No certified home health agency, managed care plan, or long term home health care program shall be liable for recoupment of payments or any other penalty under this section for services provided through a licensed home care services agency, [fiscal intermediary,] or other third party with which the certified home health agency, long term home health care program, or managed care plan has a contract because the licensed agency, [fiscal intermediary,] or other third party failed to comply with the provisions of this section if the certified home health agency, long term home health care program, or managed care plan has reasonably and in good faith collected certifications and all informa- tion required pursuant to this section and conducts the monitoring and reporting required by this section. § 15. Subdivision 1 of section 3614-f of the public health law, as added by section 1 of part XX of chapter 56 of the laws of 2022, is amended to read as follows: 1. For the purpose of this section, "home care aide" shall [have the same meaning as defined in section thirty-six hundred fourteen-c of this article] MEAN A HOME HEALTH AIDE, PERSONAL CARE AIDE, HOME ATTENDANT, PERSONAL ASSISTANT PERFORMING CONSUMER DIRECTED PERSONAL ASSISTANCE SERVICES PURSUANT TO SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW, OR OTHER LICENSED OR UNLICENSED PERSON WHOSE PRIMARY RESPONSIBILITY INCLUDES THE PROVISIONS OF IN-HOME ASSISTANCE WITH ACTIV- ITIES OF DAILY LIVING, INSTRUMENTAL ACTIVITIES OF DAILY LIVING OR HEALTH-RELATED TASKS; PROVIDED, HOWEVER, THAT HOME CARE AIDE DOES NOT INCLUDE ANY INDIVIDUAL (I) WORKING ON A CASUAL BASIS, OR (II) (EXPECT FOR A PERSON EMPLOYED UNDER THE CONSUMER DIRECTED PERSONAL ASSISTANCE PROGRAM UNDER SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW) WHO IS A RELATIVE THROUGH BLOOD, MARRIAGE OR ADOPTION OF: (1) THE EMPLOYER; OR (2) THE PERSON WHOM THE WORKER IS DELIVERING SERVICES, UNDER A PROGRAM FUNDED OR ADMINISTERED BY FEDERAL, STATE OR LOCAL GOVERNMENT. § 16. The public health law is amended by adding a new section 3614-g to read as follows: § 3614-G. STATE SUPPLEMENTAL PREMIUM ASSISTANCE FOR CONSUMER DIRECTED PERSONAL ASSISTANTS. 1. STATE SUPPLEMENTAL ASSISTANCE FOR THE PAYMENT OF QUALIFIED HEALTH PLAN PREMIUMS SHALL BE AVAILABLE TO A PERSONAL ASSISTANT PERFORMING CONSUMER DIRECTED PERSONAL ASSISTANCE SERVICES PURSUANT TO SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW, PROVIDED THAT SUCH PERSONAL ASSISTANT: (A) ATTESTS ON THE NY STATE OF HEALTH MARKETPLACE APPLICATION THAT THEY ARE PROVIDING SUCH SERVICES ON A FULL-TIME BASIS OR PART-TIME BASIS, AS DEFINED IN APPLICABLE REGULATION, (B) IS ELIGIBLE FOR FEDERAL PREMIUM TAX CREDITS PURSUANT TO SECTION 36B(B)(3)(A) OF THE INTERNAL REVENUE CODE, (C) IS NOT OTHERWISE ELIGIBLE FOR COMPREHENSIVE COVERAGE UNDER TITLE 11 OR 11-D OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW; AND S. 4007 122 A. 3007 (D) IS ENROLLED IN A QUALIFIED HEALTH PLAN DEFINED IN 42 U.S.C. 18021(A), CERTIFIED BY THE NY STATE OF HEALTH MARKETPLACE, WHICH DOES NOT INCLUDE A CATASTROPHIC PLAN DESCRIBED IN 42 U.S.C. 18022(E). 2. THE AMOUNT OF THE SUPPLEMENTAL PREMIUM ASSISTANCE SHALL BE EQUAL TO AT LEAST THE CONTRIBUTION FOR THE BENCHMARK SILVER QUALIFIED HEALTH PLAN AVAILABLE IN SUCH PERSONAL ASSISTANT'S COUNTY OF RESIDENCE, AND SHALL ACCOUNT FOR THE FULL-TIME OR PART-TIME STATUS OF THE PERSONAL ASSISTANT. PERSONAL ASSISTANTS WORKING PART-TIME SHALL BE ELIGIBLE FOR A MINIMUM OF ONE-HALF OF THE STATE SUPPLEMENTAL PREMIUM CREDIT AVAILABLE FOR PERSONAL ASSISTANTS WORKING FULL-TIME. SUCH CREDIT SHALL BE PAID DIRECTLY TO THE QUALIFIED HEALTH PLAN ISSUER. ANY SUBSIDIES PROVIDED PURSUANT TO THIS SECTION SHALL BE IN ACCORDANCE WITH A SCHEDULE OR METHODOLOGY PUBLISHED BY THE COMMISSIONER, WHICH MAY BE BASED ON A SLIDING SCALE IN RELATION TO THE HOUSEHOLD INCOME OF THE PERSONAL ASSISTANT, OR SUCH OTHER METHOD- OLOGY AS THE COMMISSIONER DEEMS APPROPRIATE. 3. APPLICANTS FOR COVERAGE THROUGH THE NY STATE MARKETPLACE WHO ARE NEWLY ELIGIBLE FOR SUPPLEMENTAL PREMIUM ASSISTANCE PURSUANT TO THIS SECTION SHALL BE ELIGIBLE FOR A SPECIAL ENROLLMENT PERIOD THROUGH THE NY STATE OF HEALTH MARKETPLACE. 4. THE COMMISSIONER SHALL SUBMIT SUCH APPLICATIONS TO THE SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES OR TREASURY AS MAY BE NECES- SARY TO RECEIVE FEDERAL FINANCIAL PARTICIPATION IN THE COSTS OF PAYMENTS MADE PURSUANT TO THIS SECTION; PROVIDED FURTHER, HOWEVER, THAT NOTHING IN THIS SECTION SHALL BE DEEMED TO AFFECT THE PAYMENT OF THE STATE SUPPLEMENTAL PREMIUM ASSISTANCE PURSUANT TO APPLICABLE LAW AND REGU- LATION IF FEDERAL FINANCIAL PARTICIPATION IN THE COSTS OF SUCH PAYMENTS IS NOT AVAILABLE. 5. FISCAL INTERMEDIARIES AND PERSONAL ASSISTANTS UNDER SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW SHALL BE REQUIRED TO PROVIDE SUCH INFORMATION AS IS NECESSARY FOR THE IMPLEMENTATION AND OPERATION OF THIS SECTION. THE DEPARTMENT SHALL SPECIFY THE FREQUENCY AND FORMAT OF SUCH REPORTING AND DETERMINE THE TYPE AND AMOUNT OF INFOR- MATION TO BE SUBMITTED, INCLUDING ANY SUPPORTING DOCUMENTATION. 6. THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS AND TAKE SUCH STEPS AS MAY BE NECESSARY FOR THE IMPLEMENTATION AND OPERATION OF THIS SECTION. § 17. The state finance law is amended by adding a new section 97-bbbbb to read as follows: § 97-BBBBB. CDPAP SUPPLEMENTAL PREMIUM ASSISTANCE FUND. 1. CDPAP SUPPLEMENTAL PREMIUM ASSISTANCE FUND. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "CDPAP SUPPLEMENTAL PREMI- UM ASSISTANCE FUND". 2. SUCH FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER FUNDS IN THE CUSTODY OF THE STATE COMPTROLLER AND THE COMMIS- SIONER OF TAXATION AND FINANCE. 3. SUCH FUND SHALL CONSIST OF MONEYS APPROPRIATED FOR STATE SUPPLE- MENTAL PREMIUM ASSISTANCE FOR THE PAYMENT OF QUALIFIED HEALTH PLAN PREMIUM OF ELIGIBLE ENROLLEES PERFORMING CONSUMER DIRECTED PERSONAL ASSISTANCE SERVICES, IN ACCORDANCE WITH SECTION THIRTY-SIX HUNDRED FOUR- TEEN-G OF THE SOCIAL SERVICES LAW, OR TRANSFERRED TO SUCH ACCOUNT PURSU- ANT TO APPLICABLE LAW. 4. THE MONEYS, WHEN ALLOCATED IN ACCORDANCE WITH SECTION THIRTY-SIX HUNDRED FOURTEEN-G OF THE SOCIAL SERVICES LAW, SHALL BE PAID OUT OF THE FUND TO QUALIFIED HEALTH PLANS ON BEHALF OF ELIGIBLE ENROLLEES. S. 4007 123 A. 3007 § 18. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2023; provided, however, that: (a) the amendments to section 4403-f of the public health law made by sections two through six-a of this act shall not affect the repeal of such section and shall be deemed repealed therewith; (b) the amendments to subparagraph (i) of paragraph (g) of subdivision 7 of section 4403-f of the public health law made by section six of this act shall be subject to the expiration and reversion of such subpara- graph pursuant to subdivision (i) of section 111 of part H of chapter 59 of the laws of 2011, as amended, when upon such date the provisions of section six-a of this act shall take effect; (c) sections fourteen, sixteen, and seventeen of this act shall take effect on and after the first of January next succeeding the date of enactment of a state supplemental premium assistance program in accord- ance with sections sixteen and seventeen of this act, takes effect; provided, however, such sections fourteen, sixteen, and seventeen of this act shall take effect no earlier than January 1, 2025; and provided, further, the commissioner of health shall notify the legisla- tive bill drafting commission upon the occurrence of the establishment of such state supplemental premium assistance program 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 effecting the provisions of section 44 of the legislative law and section 70-b of the public officers law; and (d) effective immediately, the commissioner of health shall promulgate any rules and regulations and take such steps, including requiring the submission of reports or surveys by fiscal intermediaries under the consumer directed personal assistance program, as may be necessary for the timely implementation of this act on or before such effective date. PART J Section 1. Subsection (a) of section 3224-a of the insurance law, as amended by chapter 237 of the laws of 2009, is amended to read as follows: (a) Except in a case where the obligation of an insurer or an organ- ization or corporation licensed or certified pursuant to article forty- three or forty-seven of this chapter or article forty-four of the public health law to pay a claim submitted by a policyholder or person covered under such policy ("covered person") or make a payment to a health care provider is not reasonably clear, or when there is a reasonable basis supported by specific information available for review by the super- intendent that such claim or bill for health care services rendered was submitted fraudulently, such insurer or organization or corporation shall pay the claim to a policyholder or covered person or make a payment to a health care provider within thirty days of receipt of a claim or bill for THE services rendered that is transmitted via the internet or electronic mail[,] or forty-five days of receipt of a claim or bill for services rendered that is submitted by other means, such as paper or facsimile. (1) WHERE THE OBLIGATION OF AN INSURER OR AN ORGANIZATION OR CORPO- RATION LICENSED OR CERTIFIED PURSUANT TO ARTICLE FORTY-THREE OR FORTY- SEVEN OF THIS CHAPTER OR ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW TO PAY SUCH A CLAIM IS CLEAR, EXCEPT FOR THE DESIRE OF THE INSURER OR ORGANIZATION OR CORPORATION TO REVIEW CLINICAL DOCUMENTATION OR, TO THE S. 4007 124 A. 3007 EXTENT AGREED UPON BY A HOSPITAL AND THE INSURER OR ORGANIZATION OR CORPORATION, ELECTRONIC MEDICAL RECORDS, TO CONFIRM THE MEDICAL NECESSI- TY OF EMERGENCY SERVICES OR INPATIENT SERVICES FOLLOWING AN EMERGENCY DEPARTMENT VISIT PROVIDED BY A HOSPITAL THAT PARTICIPATES IN THE NETWORK OF THE INSURER OR ORGANIZATION OR CORPORATION, WHICH INCLUDES WHETHER THE SERVICES PROVIDED WERE EMERGENCY SERVICES OR THAT THE SITE OF SERVICE OR LEVEL OF CARE BILLED WAS APPROPRIATE FOR THE SERVICES PROVIDED, THE INSURER OR ORGANIZATION OR CORPORATION SHALL PAY THE CLAIM AT THE CONTRACTED RATE FOR THE SERVICES AND SITE BILLED BY THE HOSPITAL WITHIN THE TIMEFRAMES SET FORTH IN THIS SUBSECTION. THE INSURER OR ORGANIZATION OR CORPORATION MAY, WITHIN THIRTY DAYS OF PAYING THE CLAIM, REQUEST THAT THE HOSPITAL SUBMIT TO THE INSURER OR ORGANIZATION OR CORPORATION ONLY THE CLINICAL DOCUMENTATION OR, TO THE EXTENT AGREED UPON BY THE HOSPITAL AND THE INSURER OR ORGANIZATION OR CORPORATION, ELECTRONIC MEDICAL RECORDS, NECESSARY TO CONFIRM THE MEDICAL NECESSITY OF THE EMERGENCY SERVICES OR INPATIENT SERVICES FOLLOWING AN EMERGENCY DEPARTMENT VISIT PROVIDED BY THE HOSPITAL, WHICH INCLUDES WHETHER THE SERVICES PROVIDED BY THE HOSPITAL WERE EMERGENCY SERVICES OR THAT THE SITE OF SERVICE OR LEVEL OF CARE BILLED WAS APPROPRIATE FOR THE SERVICES PROVIDED. THE HOSPITAL SHALL PROVIDE THE CLINICAL DOCUMENTATION TO THE INSURER OR ORGANIZATION OR CORPORATION WITHIN FORTY-FIVE DAYS OF ITS REQUEST. (2) UNLESS OTHERWISE AGREED UPON BY THE HOSPITAL AND THE INSURER OR ORGANIZATION OR CORPORATION, AN INSURER OR ORGANIZATION OR CORPORATION MAY SUBMIT A CLAIM, WITHIN NINETY DAYS OF RECEIPT OF THE CLINICAL DOCUMENTATION FROM THE HOSPITAL, TO A JOINT COMMITTEE COMPOSED OF CLINI- CIANS FROM THE INSURER OR ORGANIZATION OR CORPORATION AND THE HOSPITAL FOR A POST-PAYMENT AUDIT. IF THE HOSPITAL FAILS TO PROVIDE CLINICAL DOCUMENTATION TO THE INSURER OR ORGANIZATION OR CORPORATION WITHIN FORTY-FIVE DAYS OF THE REQUEST, THE INSURER OR ORGANIZATION OR CORPO- RATION MAY SUBMIT THE CLAIM TO THE JOINT COMMITTEE FOR REVIEW WITHIN NINETY DAYS AFTER THE END OF THE FORTY-FIVE DAY PERIOD. THE JOINT COMMITTEE SHALL MEET AT LEAST QUARTERLY TO REVIEW SUCH CLAIMS. NOTHING HEREIN SHALL REQUIRE THE JOINT COMMITTEE TO BE REGISTERED AS A UTILIZA- TION REVIEW AGENT UNDER ARTICLE FORTY-NINE OF THE PUBLIC HEALTH LAW OR FILE A UTILIZATION REVIEW REPORT UNDER ARTICLE FORTY-NINE OF THIS CHAP- TER. (3) WITHIN NINETY DAYS OF THE JOINT COMMITTEE'S RECEIPT OF THE REQUEST TO REVIEW THE CLAIM FROM AN INSURER OR ORGANIZATION OR CORPORATION, THE JOINT COMMITTEE SHALL REQUEST THE CLINICAL DOCUMENTATION FROM THE HOSPI- TAL, REVIEW THE CLAIM AND INFORMATION SUBMITTED BY THE PARTIES, AND MAKE A JOINT DETERMINATION AS TO THE MEDICAL NECESSITY OF THE SERVICES PROVIDED, WHICH INCLUDES WHETHER THE SERVICES WERE EMERGENCY SERVICES OR THAT THE SITE OF SERVICE OR LEVEL OF CARE BILLED WAS APPROPRIATE FOR THE SERVICES; PROVIDED, HOWEVER, THE INSURER OR ORGANIZATION OR CORPORATION AND HOSPITAL MAY AGREE TO MEET MORE FREQUENTLY THAN EVERY NINETY DAYS, SO LONG AS SUCH FREQUENCY DOES NOT REQUIRE THE JOINT COMMITTEE TO MEET MORE FREQUENTLY THAN EVERY THIRTY DAYS. FAILURE BY THE HOSPITAL TO PROVIDE THE CLINICAL DOCUMENTATION TO THE JOINT COMMITTEE WITHIN SIXTY DAYS OF REQUEST, OR AN ALTERNATIVE TIMEFRAME AS MAY BE AGREED UPON BY ALL PARTIES, SHALL RESULT IN A FINAL DETERMINATION THAT THE SERVICES WERE NOT MEDICALLY NECESSARY BY THE JOINT COMMITTEE, WHICH SHALL NOT BE SUBJECT TO REVIEW UNDER ARTICLE FORTY-NINE OF THIS CHAPTER AND ARTICLE FORTY-NINE OF THE PUBLIC HEALTH LAW. (A) IN THE EVENT A JOINT DETERMINATION CANNOT BE AGREED UPON WITHIN THE NINETY-DAY PERIOD, THE HOSPITAL OR INSURER OR ORGANIZATION OR CORPO- S. 4007 125 A. 3007 RATION MAY REFER THE CLAIM TO A MUTUALLY AGREED UPON INDEPENDENT THIRD- PARTY REVIEW AGENT WITHIN FIVE BUSINESS DAYS FROM THE END OF THE NINE- TY-DAY PERIOD, FOR A DETERMINATION. THE DETERMINATION OF THE INDEPENDENT THIRD-PARTY REVIEW AGENT SHALL BE BINDING. (B) THE HOSPITAL AND THE INSURER OR ORGANIZATION OR CORPORATION SHALL DESIGNATE ONE OR MORE MUTUALLY AGREED UPON INDEPENDENT THIRD-PARTY REVIEW AGENTS IN THE PARTICIPATING PROVIDER AGREEMENT. IF THE HOSPITAL AND THE INSURER OR ORGANIZATION OR CORPORATION ARE UNABLE TO REACH AGREEMENT IN THE PARTICIPATING PROVIDER AGREEMENT ON ONE OR MORE INDE- PENDENT THIRD-PARTY REVIEW AGENTS, THEN THE INSURER OR ORGANIZATION OR CORPORATION MAY SELECT AN INDEPENDENT THIRD-PARTY REVIEW AGENT THAT HAS BEEN CERTIFIED BY THE SUPERINTENDENT AS AN EXTERNAL APPEAL AGENT PURSU- ANT TO ARTICLE FORTY-NINE OF THIS CHAPTER OR AS AN INDEPENDENT DISPUTE RESOLUTION ENTITY PURSUANT TO ARTICLE SIX OF THE FINANCIAL SERVICES LAW. IF THE INDEPENDENT THIRD-PARTY REVIEW AGENT DETERMINES THAT THE SERVICES PROVIDED WERE NOT MEDICALLY NECESSARY, IN WHOLE OR IN PART, THE INSURER OR CORPORATION OR ORGANIZATION MAY RECOUP, OFFSET, OR OTHERWISE REQUIRE THE HOSPITAL TO REFUND ANY OVERPAYMENT RESULTING FROM ITS DETERMINATION CONSISTENT WITH SUBSECTION (B) OF SECTION THREE THOUSAND TWO HUNDRED TWENTY-FOUR-B OF THIS ARTICLE WITHIN THIRTY DAYS. THE INSURER OR ORGAN- IZATION OR CORPORATION SHALL PROVIDE WRITTEN NOTIFICATION TO THE HOSPI- TAL OF SUCH RECOUP OR OFFSET, WHICH SHALL INCLUDE: (I) THE CLAIM NUMBER; (II) THE AMOUNT OF THE OVERPAYMENT; AND (III) THE DATE OF THE JOINT COMMITTEE DETERMINATION. (C) DURING THE ENTIRETY OF THE REVIEW PROCESS, THE HOSPITAL SHALL PEND THE IMPOSITION OF ANY COPAYMENT, COINSURANCE OR DEDUCTIBLE UNTIL SUCH TIME AS THERE IS A FINAL DETERMINATION AS TO WHETHER THE SERVICES IN QUESTION WERE MEDICALLY NECESSARY. THE HOSPITAL MAY THEREAFTER BILL THE INSURED FOR THE AMOUNT OF THE COPAYMENT, COINSURANCE OR DEDUCTIBLE FOR SERVICES DETERMINED TO BE MEDICALLY NECESSARY AND SHALL HOLD THE INSURED HARMLESS FOR ANY OTHER AMOUNTS, INCLUDING AMOUNTS FOR SERVICES DETER- MINED TO BE NOT MEDICALLY NECESSARY. (4) NOTHING IN THIS SUBSECTION SHALL IN ANY WAY BE DEEMED TO LIMIT THE ABILITY OF INSURERS OR ORGANIZATIONS OR CORPORATIONS AND HOSPITALS TO AGREE TO ESTABLISH PARAMETERS FOR REFERRAL OR REVIEW OF MEDICAL RECORDS, INCLUDING WHILE THE INSURED IS IN THE HOSPITAL, OR FOR INSURERS OR ORGANIZATIONS OR CORPORATIONS TO REQUIRE PREAUTHORIZATION FOR SERVICES THAT ARE NOT EMERGENCY SERVICES. (5) FOR PURPOSES OF THIS SUBSECTION, "HOSPITAL" SHALL MEAN A GENERAL HOSPITAL AS DEFINED IN SECTION TWO THOUSAND EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW. (6) NOTHING IN THIS SUBSECTION SHALL PRECLUDE AN INSURER OR ORGANIZA- TION OR CORPORATION AND A HOSPITAL FROM AGREEING TO OTHER DISPUTE RESOL- UTION MECHANISMS, PROVIDED THAT THE PARTIES MAY NOT NEGOTIATE AWAY THE REQUIREMENT THAT THE INSURER OR ORGANIZATION OR CORPORATION PAY THE CLAIM AS BILLED BY THE HOSPITAL PRIOR TO REVIEWING SUCH CLAIM FOR MEDICAL NECESSITY. WHEN A HOSPITAL AND AN INSURER OR ORGANIZATION OR CORPORATION ARE PARTIES TO A PARTICIPATING PROVIDER AGREEMENT APPLICABLE TO THE INPATIENT HOSPITAL ADMISSION BEING REVIEWED BY THE JOINT COMMIT- TEE, THE DEFINITION OF MEDICAL NECESSITY SET FORTH IN SUCH PARTICIPATING PROVIDER AGREEMENT SHALL APPLY FOR PURPOSES OF JOINT COMMITTEE AND INDE- PENDENT THIRD-PARTY REVIEW. § 2. Subsection (b) of section 3224-a of the insurance law, as amended by chapter 694 of the laws of 2021, is amended to read as follows: (b) In a case where the obligation of an insurer or an organization or corporation licensed or certified pursuant to article forty-three or S. 4007 126 A. 3007 forty-seven of this chapter or article forty-four of the public health law to pay a claim or make a payment for health care services rendered is not reasonably clear due to a good faith dispute regarding the eligi- bility of a person for coverage, the liability of another insurer or corporation or organization for all or part of the claim, the amount of the claim, the benefits covered under a contract or agreement, or the manner in which services were accessed or provided, an insurer or organ- ization or corporation shall pay any undisputed portion of the claim in accordance with this subsection and notify the policyholder, covered person or health care provider in writing, and through the internet or other electronic means for claims submitted in that manner, within thir- ty calendar days of the receipt of the claim: (1) whether the claim or bill has been denied or partially approved; (2) which claim or medical payment that it is not obligated to pay THE CLAIM, stating the specific reasons why it is not liable; and (3) to request all additional information needed to determine liabil- ity to pay the claim or make the health care payment; and (4) of the specific type of plan or product the policyholder or covered person is enrolled in; provided that nothing in this section shall authorize discrimination based on the source of payment. Upon receipt of the information requested in paragraph three of this subsection or an appeal of a claim or bill for health care services denied pursuant to this subsection, an insurer or organization or corpo- ration licensed or certified pursuant to article forty-three or forty- seven of this chapter or article forty-four of the public health law shall comply with subsection (a) of this section; provided, that if the insurer or organization or corporation licensed or certified pursuant to article forty-three or forty-seven of this chapter or article forty-four of the public health law determines that payment or additional payment is due on [the] A claim[,] AS A RESULT OF AN INTERNAL OR EXTERNAL APPEAL DETERMINATION MADE PURSUANT TO SECTION FOUR THOUSAND NINE HUNDRED FOUR OR TITLE TWO OF ARTICLE FORTY-NINE OF THIS CHAPTER OR SECTION FOUR THOU- SAND NINE HUNDRED FOUR OR TITLE TWO OF ARTICLE FORTY-NINE OF THE PUBLIC HEALTH LAW, such payment shall be made to the policyholder or covered person or health care provider within fifteen days of the determination. Any denial or partial approval of claim or payment and the specific reasons for such denial or partial approval pursuant to this subsection shall be prominently displayed on a written notice with at least twelve- point type. A partial approval of claim or payment shall state at the top of such written notice with at least fourteen-point type bold: "NOTICE OF PARTIAL APPROVAL OF MEDICAL COVERAGE". A denial of claim or payment shall state at the top of such written notice with at least fourteen-point type bold: "NOTICE OF DENIAL OF MEDICAL COVERAGE". Any additional terms or conditions included on such notice of partial approval or such notice of denial, such as but not limited to time restraints to file an appeal, shall be included with at least twelve- point type. § 3. Paragraphs 4 and 5 of subsection (b) of section 3224-b of the insurance law are renumbered paragraphs 6 and 7 and two new paragraphs 4 and 5 are added to read as follows: (4) A REVIEW OR AUDIT OF CLAIMS BY OR ON BEHALF OF A HEALTH PLAN SHALL NOT REVERSE OR OTHERWISE ALTER A MEDICAL NECESSITY DETERMINATION, WHICH INCLUDES, A SITE OF SERVICE OR LEVEL OF CARE DETERMINATION MADE BY A UTILIZATION REVIEW AGENT OR EXTERNAL APPEAL AGENT PURSUANT TO ARTICLE FORTY-NINE OF THIS CHAPTER OR ARTICLE FORTY-NINE OF THE PUBLIC HEALTH LAW. S. 4007 127 A. 3007 (5) A REVIEW OR AUDIT OF CLAIMS BY OR ON BEHALF OF A HEALTH PLAN SHALL NOT DOWNGRADE THE CODING OF A CLAIM IF IT HAS THE EFFECT OF REVERSING OR ALTERING A MEDICAL NECESSITY DETERMINATION, WHICH INCLUDES, A LEVEL OF CARE DETERMINATION MADE BY OR ON BEHALF OF THE HEALTH PLAN; PROVIDED HOWEVER, THAT NOTHING IN THIS PARAGRAPH SHALL LIMIT A HEALTH PLAN'S ABILITY TO REVIEW OR AUDIT CLAIMS FOR FRAUD, WASTE OR ABUSE. § 4. The opening paragraph of subsection (c) of section 4904 of the insurance law, as amended by section 18 of part YY of chapter 56 of the laws of 2020, is amended to read as follows: A utilization review agent shall establish a standard appeal process which includes procedures for appeals to be filed in writing or by tele- phone. A utilization review agent must establish a period of no less than forty-five days after receipt of notification by the insured of the initial utilization review determination and receipt of all necessary information to file the appeal from said determination. The utilization review agent must provide written acknowledgment of the filing of the appeal to the appealing party within fifteen days of such filing and shall make a determination with regard to the appeal within thirty days of the receipt of necessary information to conduct the appeal and, upon overturning the adverse decision, shall comply with subsection [(a)] (B) of section three thousand two hundred twenty-four-a of this chapter as applicable. The utilization review agent shall notify the insured, the insured's designee and, where appropriate, the insured's health care provider, in writing of the appeal determination within two business days of the rendering of such determination. § 5. The opening paragraph of subdivision 3 of section 4904 of the public health law, as amended by section 17 of part YY of chapter 56 of the laws of 2020, is amended to read as follows: A utilization review agent shall establish a standard appeal process which includes procedures for appeals to be filed in writing or by tele- phone. A utilization review agent must establish a period of no less than forty-five days after receipt of notification by the enrollee of the initial utilization review determination and receipt of all neces- sary information to file the appeal from said determination. The utili- zation review agent must provide written acknowledgment of the filing of the appeal to the appealing party within fifteen days of such filing and shall make a determination with regard to the appeal within thirty days of the receipt of necessary information to conduct the appeal and, upon overturning the adverse determination, shall comply with subsection [(a)] (B) of section three thousand two hundred twenty-four-a of the insurance law as applicable. The utilization review agent shall notify the enrollee, the enrollee's designee and, where appropriate, the enrollee's health care provider, in writing, of the appeal determination within two business days of the rendering of such determination. The notice of the appeal determination shall include: § 6. Nothing in this act shall limit the authority of the office of the medicaid inspector general, the department of health, or the state from conducting oversight activities, audits, recovering funds and imposing penalties in accordance with any relevant rule, regulation, provision of law or contract. § 7. This act shall take effect January 1, 2024. PART K Section 1. Subparagraphs 1 and 2 of paragraph (e) of subdivision 1 of section 366 of the social services law, as added by section 1 of part D S. 4007 128 A. 3007 of chapter 56 of the laws of 2013, clause (iii) of subparagraph 2 as amended by chapter 477 of the laws of 2022, are amended to read as follows: (1) is an inmate or patient in an institution or facility wherein medical assistance may not be provided in accordance with applicable federal or state requirements, except for persons described in subpara- graph ten of paragraph (c) of this subdivision or subdivision one-a or subdivision one-b of this section; OR EXCEPT FOR CERTAIN SERVICES PROVIDED TO PERSONS IN A CORRECTIONAL INSTITUTION OR FACILITY PERMITTED BY A WAIVER AUTHORIZED PURSUANT TO SECTION ELEVEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT; IF, SO LONG AS, AND TO THE EXTENT FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE FOR SUCH EXPENDITURES PROVIDED PURSUANT TO SUCH WAIVER; or (2) is a patient in a public institution operated primarily for the treatment of tuberculosis or care of the mentally disabled, with the exception of: (i) a person sixty-five years of age or older and a patient in any such institution; (ii) a person under twenty-one years of age and receiving in-patient psychiatric services in a public institu- tion operated primarily for the care of the mentally disabled; (iii) a patient in a public institution operated primarily for the care of indi- viduals with developmental disabilities who is receiving medical care or treatment in that part of such institution that has been approved pursu- ant to law as a hospital or nursing home; (iv) a patient in an institu- tion operated by the state department of mental hygiene, while under care in a hospital on release from such institution for the purpose of receiving care in such hospital; [or] (v) is a person residing in a community residence or a residential care center for adults; OR (VI) CERTAIN SERVICES PROVIDED TO PERSONS IN AN INSTITUTION FOR MENTAL DISEASES PERMITTED BY A WAIVER AUTHORIZED PURSUANT TO SECTION ELEVEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT; IF, SO LONG AS, AND TO THE EXTENT FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE FOR SUCH EXPENDITURES PROVIDED PURSUANT TO SUCH WAIVER. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2023. PART L Section 1. Section 3241 of the insurance law is amended by adding a new subsection (d) to read as follows: (D)(1) FOR PURPOSES OF THIS SUBSECTION: (A) "FREE-STANDING AMBULATORY SURGICAL CENTER" SHALL MEAN A DIAGNOSTIC AND TREATMENT CENTER AUTHORIZED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW AND OPERATED INDEPENDENTLY FROM A HOSPITAL. (B) "HEALTH CARE PLAN" SHALL MEAN AN INSURER, A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSU- ANT 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, THAT ISSUES A HEALTH INSURANCE POLICY OR CONTRACT OR THAT ARRANGES FOR CARE AND SERVICES FOR MEMBERS UNDER A CONTRACT WITH THE DEPARTMENT OF HEALTH WITH A NETWORK OF HEALTH CARE PROVIDERS AND UTILIZES SITE OF SERVICE REVIEW TO DETERMINE COVERAGE FOR SERVICES DELIVERED BY PARTICIPATING PROVIDERS. S. 4007 129 A. 3007 (C) "HOSPITAL-BASED OUTPATIENT CLINIC" SHALL MEAN A CLINIC AUTHORIZED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW AND LISTED ON A HOSPITAL'S OPERATING CERTIFICATE. (D) "SITE OF SERVICE REVIEW" SHALL MEAN CRITERIA APPLIED BY A HEALTH CARE PLAN FOR PURPOSES OF DETERMINING WHETHER A PROCEDURE WILL BE COVERED FOR A GIVEN INSURED OR ENROLLEE WHEN RENDERED BY A NETWORK PROVIDER AT A HOSPITAL-BASED OUTPATIENT CLINIC RATHER THAN A FREE-STAND- ING AMBULATORY SURGICAL CENTER. (2) SITE OF SERVICE REVIEW SHALL BE DEEMED UTILIZATION REVIEW IN ACCORDANCE WITH AND SUBJECT TO THE REQUIREMENTS AND PROTECTIONS OF ARTI- CLE FORTY-NINE OF THIS CHAPTER AND ARTICLE FORTY-NINE OF THE PUBLIC HEALTH LAW, INCLUDING THE RIGHT TO INTERNAL AND EXTERNAL APPEAL OF DENIALS RELATED TO SITE OF SERVICE. (3) SITE OF SERVICE REVIEW SHALL PRIORITIZE PATIENT HEALTH AND SAFETY, PATIENT CHOICE OF HEALTH CARE PROVIDER, AND ACCESS TO CARE AND SHALL NOT BE BASED SOLELY ON COST. (4) A HEALTH CARE PLAN SHALL HAVE ADEQUATE FREE-STANDING AMBULATORY SURGICAL CENTER PROVIDERS TO MEET THE HEALTH NEEDS OF INSUREDS AND ENROLLEES AND TO PROVIDE AN APPROPRIATE CHOICE OF PROVIDERS SUFFICIENT TO RENDER THE SERVICES COVERED UNDER THE POLICY OR CONTRACT. (5) EXCEPT AS PROVIDED IN PARAGRAPH SIX OF THIS SUBSECTION, STARTING JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, A HEALTH CARE PLAN SHALL PROVIDE NOTICE DISCLOSING AND CLEARLY EXPLAINING THE SITE OF SERVICE REVIEW TO: (A) POLICYHOLDERS, CONTRACT HOLDERS, INSUREDS, AND ENROLLEES AND PROSPECTIVE POLICYHOLDERS, CONTRACT HOLDERS, INSUREDS, AND ENROLLEES AT THE TIME OF PLAN AND POLICY OR CONTRACT SELECTION. THIS DISCLOSURE SHALL INCLUDE A STATEMENT THAT SITE OF SERVICE REVIEW MAY LIMIT THE SETTINGS IN WHICH SERVICES COVERED UNDER THE POLICY OR CONTRACT MAY BE PROVIDED AND RENDER A PARTICIPATING PROVIDER UNABLE TO PERFORM A SERVICE AND SHALL DISCLOSE TO INSUREDS OR ENROLLEES ANY QUALITY OR COST DIFFEREN- TIAL, INCLUDING DIFFERENCES IN OUT-OF-POCKET COSTS, BETWEEN THE HOSPI- TAL-BASED OUTPATIENT CLINIC AND THE FREE-STANDING AMBULATORY SURGICAL CENTER WHEN SERVICES AT A HOSPITAL-BASED OUTPATIENT CLINIC ARE REQUESTED, OR AT ANY OTHER TIME UPON THE INSURED'S OR ENROLLEE'S REQUEST. PROVIDER DIRECTORIES SHALL ALSO INDICATE WHEN HEALTH CARE PLAN SITE OF SERVICE REVIEW MAY LIMIT THE SCOPE OF SERVICES THAT WILL BE COVERED WHEN DELIVERED BY A PARTICIPATING PROVIDER; (B) PARTICIPATING PROVIDERS AT LEAST NINETY DAYS PRIOR TO IMPLEMENTA- TION. A HEALTH CARE PLAN SHALL ALSO INFORM PROVIDERS OF THE PROCESS FOR REQUESTING COVERAGE OF A SERVICE IN A HOSPITAL-BASED OUTPATIENT CLINIC SETTING, INCLUDING THE RIGHT TO REQUEST A REAL TIME CLINICAL PEER TO PEER DISCUSSION AS PART OF THE AUTHORIZATION PROCESS; AND (C) THE SUPERINTENDENT AND, AS APPLICABLE, TO THE COMMISSIONER OF HEALTH, AT LEAST FORTY-FIVE DAYS PRIOR TO NOTIFYING POLICYHOLDERS, CONTRACT HOLDERS, INSUREDS AND ENROLLEES AND PROSPECTIVE POLICYHOLDERS, CONTRACT HOLDERS, INSUREDS AND ENROLLEES AND PARTICIPATING PROVIDERS IN ACCORDANCE WITH THIS SUBSECTION. SUCH NOTICE TO THE SUPERINTENDENT AND, AS APPLICABLE, TO THE COMMISSIONER OF HEALTH, SHALL INCLUDE DRAFT COMMU- NICATIONS TO THE FOREGOING PERSONS FOR PURPOSES OF COMPLYING WITH THIS SUBSECTION. (6) A HEALTH CARE PLAN THAT HAS IMPLEMENTED SITE OF SERVICE REVIEW PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-FOUR SHALL PROVIDE THE DISCLOSURES SET FORTH IN PARAGRAPH FIVE OF THIS SUBSECTION AT THE BEGIN- NING OF THE OPEN ENROLLMENT PERIOD FOR INDIVIDUAL HEALTH INSURANCE POLI- CIES AND CONTRACTS, AND FOR GROUP HEALTH INSURANCE POLICIES AND S. 4007 130 A. 3007 CONTRACTS, PRIOR TO ISSUANCE, RENEWAL, OR JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, WHICHEVER IS EARLIER. (7) STARTING JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, AT A MINIMUM, A HEALTH CARE PLAN SHALL APPROVE A SERVICE COVERED UNDER THE POLICY OR CONTRACT AND REQUESTED TO BE PERFORMED BY A NETWORK PROVIDER AT A HOSPI- TAL-BASED OUTPATIENT CLINIC IN THE FOLLOWING SITUATIONS: (A) THE PROCEDURE CANNOT BE SAFELY PERFORMED IN A FREE-STANDING AMBU- LATORY SURGICAL CENTER DUE TO THE INSURED'S OR ENROLLEE'S HEALTH CONDI- TION OR THE HEALTH CARE SERVICES; (B) THERE IS NOT SUFFICIENT FREE-STANDING AMBULATORY SURGICAL CENTER CAPACITY IN THE INSURED'S OR ENROLLEE'S GEOGRAPHIC AREA; OR (C) THE PROVISION OF HEALTH CARE SERVICES AT A FREE-STANDING AMBULATO- RY SURGICAL CENTER WOULD RESULT IN UNDUE DELAY. (8) STARTING JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, SITE OF SERVICE CLINICAL REVIEW CRITERIA DEVELOPED BY HEALTH CARE PLANS SHALL ALSO TAKE INTO CONSIDERATION WHETHER: (A) THE INSURED'S OR ENROLLEE'S IN-NETWORK TREATING PHYSICIAN RECOM- MENDS THAT THE SERVICE BE PROVIDED AT A HOSPITAL-BASED OUTPATIENT CLIN- IC; (B) THE INSURED'S IN-NETWORK TREATING PHYSICIAN IS NOT CREDENTIALED OR DOES NOT HAVE PRIVILEGES AT A FREE-STANDING AMBULATORY SURGICAL CENTER; OR (C) THE INSURED HAS AN ESTABLISHED RELATIONSHIP WITH AN IN-NETWORK TREATING PHYSICIAN WHO PERFORMS THE REQUESTED SERVICE IN A HOSPITAL- BASED OUTPATIENT CLINIC. § 2. This act shall take effect April 1, 2023. PART M 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: 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, or operators; with respect to any proposed incorporator, director, sponsor, stockholder, member, or operator who is already or within the past [ten] SEVEN years [has] been an incorporator, director, sponsor, member, prin- cipal stockholder, principal member, or operator OF any hospital OR OTHER HEALTH-RELATED OR LONG-TERM CARE FACILITY, PROGRAM OR AGENCY, INCLUDING BUT NOT LIMITED TO, private proprietary home for adults, resi- dence 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 S. 4007 131 A. 3007 council, having afforded an adequate opportunity to members of health systems agencies, if any, having geographical jurisdiction of the area where the institution is to be located to be heard, shall affirmatively find by substantial evidence as to each such incorporator, director, sponsor, MEMBER, principal stockholder, PRINCIPAL MEMBER, 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, OR CORPO- RATION which is the operator of a hospital [to a new partner or member] OR ANY TRANSFER, ASSIGNMENT OR OTHER DISPOSITION 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 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] PARAGRAPHS. (II) SUCH change shall not be subject to THE PUBLIC NEED ASSESSMENT DESCRIBED IN paragraph (a) of subdivision three of this section. [(ii) With] (III) NO PRIOR APPROVAL OF THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL SHALL BE REQUIRED WITH respect to a transfer, assign- ment or disposition [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 OPER- ATOR, 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 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 [partnership or limited liability company] OPERATOR fully completes and files with the public health and health planning council notice on a form, to be devel- oped by the public health and health planning council, which shall S. 4007 132 A. 3007 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 for any of the reasons set forth in item [(A), (B), (C) or (D)] ONE, TWO, THREE OR FOUR below, AND HAS FULLY RESPONDED TO ANY REQUEST FOR ADDITIONAL INFORMATION BY THE DEPARTMENT ACTING ON BEHALF OF THE PUBLIC HEALTH AND HEALTH PLAN- NING 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 TRANSACTION 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 reason- able grounds to believe that the proposed transaction does not satisfy the character and competence 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 aggre- gate, involve twenty-five percent or more of the interest in the [part- nership] OPERATOR. The public health and health planning council shall state specific reasons for barring any transaction under this subpara- graph 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 S. 4007 133 A. 3007 planning council may bar any transaction under this subparagraph if the equity position of the [partnership or limited liability company] OPERA- TOR, determined in accordance with generally accepted accounting princi- ples, would be reduced as a result of the transfer, assignment or dispo- sition. 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 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, 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 S. 4007 134 A. 3007 UNDER THIS SUBDIVISION MAY SUBJECT THE OPERATING 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, 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 liabil- ity 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. (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 S. 4007 135 A. 3007 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, OR CORPORATION WHICH IS THE OPERATOR OF A LICENSED HOME CARE SERVICES AGENCY OR A CERTIFIED HOME HEALTH AGENCY 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 S. 4007 136 A. 3007 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. § 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, OR CORPORATION which is the operator of a hospice, OR ANY TRANSFER, ASSIGN- MENT OR OTHER DISPOSITION WHICH RESULTS IN THE DIRECT OR INDIRECT OWNER- SHIP 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 subdivisions one and two of this section[.]; EXCEPT THAT: (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 S. 4007 137 A. 3007 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 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, OR CORPORATION WHICH IS THE OPERATOR OF A HOSPICE WITHOUT FIRST OBTAIN- ING 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. The public health law is amended by adding a new article 45-A to read as follows: ARTICLE 45-A REVIEW AND OVERSIGHT OF MATERIAL TRANSACTIONS SECTION 4550. LEGISLATIVE PURPOSE AND INTENT. 4551. DEFINITIONS. 4552. REVIEW AND OVERSIGHT OF MATERIAL TRANSACTIONS. 4553. NOTICE OF MATERIAL TRANSACTION; REQUIREMENTS. 4554. MATERIAL TRANSACTION REVIEW. 4555. PENALTY FOR NONCOMPLIANCE; INJUNCTIVE RELIEF. 4556. RULES AND REGULATIONS. 4557. SEPARABILITY. § 4550. LEGISLATIVE PURPOSE AND INTENT. WHILE HOSPITALS REMAIN VITAL TO THE HEALTH SYSTEM, SERVICES ARE INCREASINGLY BEING DELIVERED THROUGH AMBULATORY CARE. THIS SHIFT TO AMBULATORY CARE IS GIVING RISE TO NEW HEALTH CARE DELIVERY STRUCTURES THAT ARE NOT SUBJECT TO THE SAME FACILI- S. 4007 138 A. 3007 TY LICENSURE AND OVERSIGHT REQUIREMENTS. IN PARTICULAR, THERE HAS BEEN A PROLIFERATION OF LARGE PHYSICIAN PRACTICES BEING MANAGED BY ENTITIES THAT ARE INVESTOR-BACKED. AS A GENERAL MATTER, PHYSICIAN PRACTICES ARE SUBJECT TO FAR LESS REGULATION AND OVERSIGHT THAN HOSPITALS UNDER ARTI- CLE TWENTY-EIGHT OF THIS CHAPTER, HOME CARE AGENCIES UNDER ARTICLE THIR- TY-SIX OF THIS CHAPTER, HOSPICE PROVIDERS, OR PROVIDERS OF BEHAVIORAL HEALTH SERVICES UNDER ARTICLES THIRTY-ONE AND THIRTY-TWO OF THE MENTAL HYGIENE LAW, AS WELL AS MANAGED CARE ORGANIZATIONS OR OTHER INSURERS AUTHORIZED UNDER THIS CHAPTER OR THE INSURANCE LAW. EVEN AS THESE INVE- STOR-BACKED ENTITIES INCREASINGLY TAKE ON THE CHARACTERISTICS ASSOCIATED WITH DIAGNOSTIC AND TREATMENT CENTERS UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR OTHER LICENSED PROVIDER TYPES, OR MAY ASSUME MORE RISK FROM MANAGED CARE ORGANIZATIONS AND LICENSED INSURERS, THEY REMAIN UNREGU- LATED BY THE STATE OUTSIDE OF THE LICENSURE OF THE INDIVIDUAL PRACTI- TIONERS WHO PRACTICE AT THESE SITES AND ENROLLMENT IN MEDICAID. MORE- OVER, TRANSACTIONS INVOLVING THE CHANGE OF CONTROL, BY VIRTUE OF A SALE, MERGER OR ACQUISITION OF THESE PROVIDERS, ARE NOT SUBJECT TO ANY STATE CHANGE OF OWNERSHIP OR CONTROL REVIEW, SUCH THAT THE STATE IS NOT ABLE TO TRACK OR MONITOR THE IMPACT OF THESE TRANSACTIONS ON COST, QUALITY, ACCESS, EQUITY, AND COMPETITION. THIS PHENOMENON MAY HAVE A NEGATIVE IMPACT ON PATIENT CARE, HEALTH CARE COSTS, AND ULTIMATELY ACCESS TO SERVICES. THESE LARGE INVESTOR- BACKED HEALTH CARE ENTITIES SHIFT VOLUME AND BUSINESS AWAY FROM COMMUNI- TY HOSPITALS AND THEIR AMBULATORY CARE NETWORKS AND OTHER SAFETY NET PROVIDERS, UNDERMINING THEIR FINANCIAL SUSTAINABILITY, WHICH MUST CONTINUE TO PROVIDE ESSENTIAL SERVICES TO THE COMMUNITY. IN ADDITION, THE CONCENTRATION OF THESE INVESTOR-BACKED PHYSICIAN PRACTICES IS A SIGNIFICANT CONTRIBUTOR TO HEALTH CARE COST INFLATION, WHICH HAS ALSO GIVEN RISE TO OTHER LEGISLATION, INCLUDING THE NO SURPRISE BILLING PROVISIONS IN THE FINANCIAL SERVICES LAW. § 4551. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "CONTROL" MEANS THE POSSESSION, DIRECT OR INDIRECT, OF THE POWER TO DIRECT OR CAUSE THE DIRECTION OF THE MANAGEMENT AND POLICIES OF A HEALTH CARE ENTITY, WHETHER THROUGH THE OWNERSHIP OF VOTING SECURITIES, BY CONTRACT (EXCEPT A COMMERCIAL CONTRACT FOR GOODS OR NON-MANAGEMENT SERVICES) OR OTHERWISE; BUT NO PERSON SHALL BE DEEMED TO CONTROL ANOTHER PERSON SOLELY BY REASON OF BEING AN OFFICER OR DIRECTOR OF A HEALTH CARE ENTITY. "CONTROL" SHALL BE PRESUMED TO EXIST IF ANY PERSON DIRECTLY OR INDIRECTLY OWNS, CONTROLS, OR HOLDS WITH THE POWER TO VOTE TEN PERCENT OR MORE OF THE VOTING SECURITIES OF A HEALTH CARE ENTITY. 2. "HEALTH CARE ENTITY" SHALL INCLUDE BUT NOT BE LIMITED TO A PHYSI- CIAN PRACTICE OR MANAGEMENT SERVICES ORGANIZATION OR SIMILAR ENTITY PROVIDING ALL OR SUBSTANTIALLY ALL ADMINISTRATIVE OR MANAGEMENT SERVICES UNDER CONTRACT WITH ONE OR MORE PHYSICIAN PRACTICE, PROVIDER-SPONSORED ORGANIZATION, HEALTH INSURANCE PLAN, OR ANY OTHER KIND OF HEALTH CARE FACILITY, ORGANIZATION OR PLAN PROVIDING HEALTH CARE SERVICES IN THIS STATE; PROVIDED, HOWEVER, THAT A "HEALTH CARE ENTITY" SHALL NOT INCLUDE AN INSURER DIRECTLY AUTHORIZED TO DO BUSINESS IN THIS STATE, OR A PHAR- MACY BENEFIT MANAGER REGISTERED OR LICENSED IN THIS STATE. AN "INSURER" SHALL NOT INCLUDE NON-INSURANCE SUBSIDIARIES AND AFFILIATED ENTITIES OF INSURANCE COMPANIES REGULATED UNDER THE INSURANCE LAW OR THIS CHAPTER. 3. "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 S. 4007 139 A. 3007 HAVE EXPERIENCED INJUSTICES, SOCIOECONOMIC DISADVANTAGES, AND SYSTEMIC DISADVANTAGES. 4. "MATERIAL TRANSACTION" SHALL MEAN: (A) ANY OF THE FOLLOWING, OCCURRING DURING A SINGLE TRANSACTION OR IN A SERIES OF RELATED TRANSACTIONS, THAT TAKE PLACE WITHIN A TIME PERIOD AND MEET OR EXCEED THRESHOLDS, AS DETERMINED BY THE COMMISSIONER IN REGULATION, FOR FACTORS INCLUDING BUT NOT LIMITED TO CHANGES IN REVENUE: (I) A MERGER WITH A HEALTH CARE ENTITY; (II) AN ACQUISITION OF ONE OR MORE HEALTH CARE ENTITIES, INCLUDING BUT NOT LIMITED TO THE ASSIGNMENT, SALE, OR OTHER CONVEYANCE OF ASSETS, VOTING SECURITIES, MEMBERSHIP, OR PARTNERSHIP INTEREST OR THE TRANSFER OF CONTROL; (III) AN AFFILIATION OR CONTRACT FORMED BETWEEN A HEALTH CARE ENTITY AND ANOTHER PERSON; OR (IV) THE FORMATION OF A PARTNERSHIP, JOINT VENTURE, ACCOUNTABLE CARE ORGANIZATION, PARENT ORGANIZATION, OR MANAGEMENT SERVICES ORGANIZATION FOR THE PURPOSE OF ADMINISTERING CONTRACTS WITH HEALTH PLANS, THIRD-PAR- TY ADMINISTRATORS, PHARMACY BENEFIT MANAGERS, OR HEALTH CARE PROVIDERS AS PRESCRIBED BY THE COMMISSIONER BY REGULATION. (B) "MATERIAL TRANSACTION" SHALL NOT INCLUDE A CLINICAL AFFILIATION OF HEALTH CARE ENTITIES FORMED FOR THE PURPOSE OF COLLABORATING ON CLINICAL TRIALS OR GRADUATE MEDICAL EDUCATION PROGRAMS AND SHALL NOT INCLUDE ANY TRANSACTION THAT IS ALREADY SUBJECT TO REVIEW UNDER ARTICLE TWENTY- EIGHT, THIRTY, THIRTY-SIX, FORTY, FORTY-SIX, FORTY-SIX-A, OR FORTY-SIX-B OF THIS CHAPTER. § 4552. REVIEW AND OVERSIGHT OF MATERIAL TRANSACTIONS. 1. THE DEPART- MENT SHALL HAVE THE AUTHORITY TO REVIEW AND APPROVE MATERIAL TRANS- ACTIONS, WHICH MAY BE FURTHER DEFINED BY THE COMMISSIONER IN REGULATION, TO ASSESS SUCH TRANSACTIONS' IMPACT ON COST, QUALITY, ACCESS, HEALTH EQUITY AND COMPETITION IN THE HEALTH CARE SERVICE MARKET. 2. IN ACCORDANCE WITH THIS ARTICLE, AND WITH THE RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER PURSUANT TO SECTION FORTY-FIVE HUNDRED FIFTY-SIX OF THIS ARTICLE, THE DEPARTMENT SHALL ADOPT CRITERIA FOR THE CONSIDERATION OF REQUESTS BY HEALTH CARE ENTITIES TO CONSUMMATE A MATE- RIAL TRANSACTION. THE CRITERIA SHALL INCLUDE THE FACTORS LISTED IN SUBDIVISION ONE OF SECTION FORTY-FIVE HUNDRED FIFTY-FOUR OF THIS ARTI- CLE. 3. NOTHING IN THIS ARTICLE SHALL LIMIT OR RESTRICT THE AUTHORITY OF THE SUPERINTENDENT OF FINANCIAL SERVICES UNDER ARTICLE FIFTEEN, SIXTEEN, SEVENTEEN, FORTY-TWO, FORTY-THREE, SEVENTY-ONE, OR SEVENTY-THREE OF THE INSURANCE LAW, OR REGULATIONS PROMULGATED THEREUNDER. § 4553. NOTICE OF MATERIAL TRANSACTION; REQUIREMENTS. 1. A HEALTH CARE ENTITY SHALL NOT CONSUMMATE A MATERIAL TRANSACTION WITHOUT OBTAINING APPROVAL FROM THE DEPARTMENT FOR SUCH MATERIAL TRANSACTION. 2. IN ORDER TO OBTAIN APPROVAL OF A MATERIAL TRANSACTION BY THE DEPARTMENT, A HEALTH CARE ENTITY SHALL SUBMIT TO THE DEPARTMENT WRITTEN NOTICE AND APPLICATION, WITH SUPPORTING DOCUMENTATION AS DESCRIBED BELOW AND FURTHER DEFINED IN REGULATION, WHICH THE DEPARTMENT SHALL BE IN RECEIPT OF AT LEAST THIRTY DAYS BEFORE THE DESIRED CLOSING DATE OF THE TRANSACTION, IN THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT. SUCH WRITTEN NOTICE SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) THE NAMES OF THE PARTIES TO THE PROPOSED MATERIAL TRANSACTION AND THEIR CURRENT ADDRESSES; (B) COPIES OF ANY DEFINITIVE AGREEMENTS GOVERNING THE TERMS OF THE MATERIAL TRANSACTION, INCLUDING PRE- AND POST-CLOSING CONDITIONS; S. 4007 140 A. 3007 (C) IDENTIFICATION OF ALL LOCATIONS WHERE HEALTH CARE SERVICES ARE CURRENTLY PROVIDED BY EACH PARTY AND THE REVENUE GENERATED IN THE STATE FROM SUCH LOCATIONS; (D) ANY PLANS TO REDUCE OR ELIMINATE SERVICES AND/OR PARTICIPATION IN SPECIFIC PLAN NETWORKS; (E) THE DESIRED CLOSING DATE OF THE PROPOSED MATERIAL TRANSACTION; (F) A BRIEF DESCRIPTION OF THE NATURE AND PURPOSE OF THE PROPOSED MATERIAL TRANSACTION, WHICH WILL BE USED TO INFORM THE REVIEW UNDER SECTION FORTY-FIVE HUNDRED FIFTY-FOUR OF THIS ARTICLE, INCLUDING: (I) THE ANTICIPATED IMPACT OF THE MATERIAL TRANSACTION ON COST, QUALI- TY, ACCESS, HEALTH EQUITY, AND COMPETITION IN THE IMPACTED MARKETS, WHICH MAY BE SUPPORTED BY DATA AND A FORMAL MARKET IMPACT ANALYSIS; AND (II) ANY COMMITMENTS BY THE HEALTH CARE ENTITY TO ADDRESS ANTICIPATED IMPACTS; AND (G) A NON-REFUNDABLE APPLICATION FEE. 3. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF SECTION FORTY-FIVE HUNDRED FIFTY-FOUR OF THIS ARTICLE, SUPPORTING DOCUMENTATION AS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION SHALL NOT BE SUBJECT TO DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW. § 4554. MATERIAL TRANSACTION REVIEW. 1. WHEN REVIEWING A POTENTIAL MATERIAL TRANSACTION, THE DEPARTMENT MAY CONSIDER THE FOLLOWING: (A) WHETHER THE PARTIES TO THE TRANSACTION CAN DEMONSTRATE THAT THE POTENTIAL POSITIVE IMPACTS OF THE MATERIAL TRANSACTION OUTWEIGH THE POTENTIAL NEGATIVE IMPACTS RELATED TO FACTORS SUCH AS: (I) PATIENT COSTS; (II) ACCESS TO SERVICES; (III) HEALTH EQUITY; AND (IV) HEALTH OUTCOMES; (B) WHETHER THERE IS A SUBSTANTIAL LIKELIHOOD OF ANTICOMPETITIVE EFFECTS FROM THE TRANSACTION THAT OUTWEIGH THE BENEFITS OF THE TRANS- ACTION INCLUDING BY INCREASING OR MAINTAINING SERVICES TO UNDERSERVED POPULATIONS OR STABILIZING THE OPERATIONS OF THE EXISTING DELIVERY SYSTEM; (C) THE FINANCIAL CONDITION OF THE PARTIES TO THE TRANSACTION; (D) THE CHARACTER AND COMPETENCE OF THE PARTIES OR ANY OFFICERS OR DIRECTORS THEREOF; (E) THE SOURCE OF THE FUNDS OR ASSETS FOR THE TRANSACTION; (F) THE FAIRNESS OF ANY EXCHANGE OF SHARES, ASSETS, CASH, OR OTHER CONSIDERATION FOR THE SHARES OR ASSETS TO BE RECEIVED; AND (G) ANY OTHER RELEVANT INFORMATION NECESSARY TO DETERMINE THE IMPACT OF THE MATERIAL TRANSACTION. 2. IF THE DEPARTMENT DOES NOT ACT ON THE APPLICATION AS DESCRIBED IN SUBDIVISIONS THREE AND FOUR OF THIS SECTION WITHIN THIRTY DAYS OF RECEIPT OF WRITTEN NOTICE AND APPLICATION AS DESCRIBED IN SUBDIVISION TWO OF SECTION FORTY-FIVE HUNDRED FIFTY-THREE OF THIS ARTICLE, THEN THE TRANSACTION SHALL BE DEEMED APPROVED. DURING SUCH THIRTY-DAY PERIOD, THE DEPARTMENT SHALL POST IN A MANNER DETERMINED BY THE DEPARTMENT IN REGU- LATION FOR PUBLIC NOTICE AND PUBLIC COMMENT WHICH MAY HELP TO INFORM WHETHER THE DEPARTMENT TAKES FURTHER ACTIONS AS DETERMINED BY THIS SECTION. AT A MINIMUM, THE PUBLIC NOTICE SHALL INCLUDE: (A) A SUMMARY OF THE PROPOSED TRANSACTION; (B) AN EXPLANATION OF THE GROUPS OR INDIVIDUALS LIKELY TO BE IMPACTED BY THE TRANSACTION; (C) INFORMATION ABOUT SERVICES CURRENTLY PROVIDED BY THE HEALTH CARE ENTITY, COMMITMENTS BY THE HEALTH CARE ENTITY TO CONTINUE SUCH SERVICES AND ANY SERVICES THAT WILL BE REDUCED OR ELIMINATED; AND S. 4007 141 A. 3007 (D) DETAILS ABOUT HOW TO SUBMIT COMMENTS, IN A FORMAT THAT IS EASY TO FIND AND EASY TO READ. 3. THE DEPARTMENT SHALL NOTIFY THE PARTIES TO THE TRANSACTION WITHIN THIRTY DAYS OF RECEIPT OF WRITTEN NOTICE AND APPLICATION AS DESCRIBED IN SUBDIVISION TWO OF SECTION FORTY-FIVE HUNDRED FIFTY-THREE OF THIS ARTI- CLE THAT IT IS WITHHOLDING APPROVAL OF THE TRANSACTION IF NECESSARY TO CONDUCT A THOROUGH EXAMINATION AND COMPLETE ANALYSIS OF WHETHER THE TRANSACTION IS CONSISTENT WITH THE CRITERIA ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION FORTY-FIVE HUNDRED FIFTY-TWO OF THIS ARTI- CLE, INCLUDING THE FACTORS LISTED IN SUBDIVISION ONE OF THIS SECTION. (A) THE DEPARTMENT MAY REQUEST ADDITIONAL INFORMATION FROM A HEALTH CARE ENTITY THAT IS A PARTY TO THE MATERIAL TRANSACTION AND SUCH ENTITY SHALL PROMPTLY REPLY USING THE FORM OF COMMUNICATION REQUESTED AND SUCH REPLY SHALL BE AFFIRMED AS TRUE AND ACCURATE UNDER PENALTY OF PERJURY BY AN OFFICER OF THE ENTITY, IF REQUIRED. (B) A HEALTH CARE ENTITY SHALL NOT REFUSE TO PROVIDE DOCUMENTS OR OTHER INFORMATION REQUESTED PURSUANT TO THIS ARTICLE ON THE GROUNDS THAT SUCH INFORMATION IS PRIVILEGED OR CONFIDENTIAL. (C) THE DEPARTMENT MAY RETAIN ACTUARIES, ACCOUNTANTS OR OTHER PROFES- SIONALS INDEPENDENT OF THE DEPARTMENT AS NECESSARY TO ASSIST IN CONDUCT- ING ITS ANALYSIS OF A PROPOSED MATERIAL TRANSACTION. THE DEPARTMENT SHALL DESIGNATE THE PARTY OR PARTIES TO THE MATERIAL TRANSACTION THAT SHALL BEAR THE COST OF RETAINING SUCH PROFESSIONALS. (D) THE DEPARTMENT MAY TAKE OTHER ACTIONS TO SEEK PUBLIC INPUT AND OTHERWISE ENGAGE THE PUBLIC BEFORE MAKING A DETERMINATION ON THE PROPOSED MATERIAL TRANSACTION. 4. (A) UNLESS THE MATERIAL TRANSACTION IS APPROVED PURSUANT TO SUBDI- VISION TWO OF THIS SECTION, THE DEPARTMENT SHALL ISSUE A FINAL ORDER REGARDING THE MATERIAL TRANSACTION. (B) IF THE DEPARTMENT DISAPPROVES THE MATERIAL TRANSACTION OR APPROVES THE MATERIAL TRANSACTION SUBJECT TO CONDITIONS, THE DEPARTMENT MAY NOTI- FY THE ATTORNEY GENERAL OF THE DEPARTMENT'S FINDINGS AND ANALYSIS SO THAT THE ATTORNEY GENERAL MAY, IF APPROPRIATE, CONDUCT AN INVESTIGATION INTO WHETHER THE HEALTH CARE ENTITIES HAVE ENGAGED IN UNFAIR COMPETITION OR ANTICOMPETITIVE BEHAVIOR AND, IF NECESSARY, TAKE STEPS TO PROTECT CONSUMERS IN THE HEALTH CARE SERVICES MARKET. (C) PURSUANT TO THIS SUBDIVISION, THE DEPARTMENT SHALL HAVE THE AUTHORITY TO REQUIRE UNDERTAKINGS AS A CONDITION OF APPROVING A MATERIAL TRANSACTION, INCLUDING BUT NOT LIMITED TO, INVESTMENTS IN THE COMMUNI- TIES AFFECTED BY SUCH MATERIAL TRANSACTION, COMPETITION PROTECTIONS, AND CONTRIBUTIONS TO STATE-CONTROLLED FUNDS, INCLUDING THE HEALTH CARE TRANSFORMATION FUND PURSUANT TO SECTION NINETY-TWO-HH OF THE STATE FINANCE LAW, TO PRESERVE ACCESS OR TO OTHERWISE MITIGATE THE IMPACT OF THE MATERIAL TRANSACTION ON THE HEALTH CARE DELIVERY SYSTEM. 5. A HEALTH CARE ENTITY THAT IS A PARTY TO AN APPROVED MATERIAL TRANS- ACTION SHALL NOTIFY THE DEPARTMENT UPON CLOSING OF THE TRANSACTION IN THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT. § 4555. PENALTY FOR NONCOMPLIANCE; INJUNCTIVE RELIEF. 1. THE DEPART- MENT MAY IMPOSE A CIVIL PENALTY IN AN AMOUNT OF UP TO TEN THOUSAND DOLLARS PER DAY FOR ANY VIOLATION OF THIS ARTICLE. ALL FEES, FINES, AND PENALTIES DERIVED FROM THE OPERATION OF THIS ARTICLE SHALL BE PAID TO THE DEPARTMENT AND SHALL BE DEPOSITED IN THE HEALTH CARE TRANSFORMATION FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-HH OF THE STATE FINANCE LAW. 2. THE ATTORNEY GENERAL MAY APPLY TO THE SUPREME COURT WITHIN THE JUDICIAL DISTRICT IN WHICH A VIOLATION OF THIS ARTICLE IS ALLEGED TO S. 4007 142 A. 3007 HAVE OCCURRED FOR AN ORDER ENJOINING OR RESTRAINING COMMISSION OR CONTINUANCE OF THE ACTS COMPLAINED OF. THEREUPON THE COURT SHALL HAVE JURISDICTION OF THE PROCEEDING AND SHALL HAVE POWER TO GRANT SUCH TEMPO- RARY RELIEF OR RESTRAINING ORDER AS IT DEEMS JUST AND PROPER. IN ANY SUCH PROCEEDING IT SHALL BE UNNECESSARY TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT LAW DOES NOT EXIST OR THAT IRREPARABLE DAMAGE WOULD RESULT IF SUCH ORDER WERE NOT GRANTED. THE REMEDY PROVIDED BY THIS SECTION SHALL BE IN ADDITION TO ANY OTHER REMEDY PROVIDED BY LAW. § 4556. RULES AND REGULATIONS. THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF FINANCIAL SERVICES, MAY PROMULGATE RULES AND REGU- LATIONS TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE. § 4557. SEPARABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPE- TENT JURISDICTION TO BE INVALID, THE JUDGMENT SHALL NOT AFFECT, IMPAIR, OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA- TION TO THE CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED. § 6. Paragraph (b) of subdivision 7 of section 2802 of the public health law, as amended by section 87 of part C of chapter 58 of the laws of 2009, is amended to read as follows: (b) At such time as the commissioner's written approval of the construction is granted, each applicant shall pay the following addi- tional fee: (i) for hospital, nursing home and diagnostic and treatment center applications that require approval by the council, the additional fee shall be [fifty-five] SIXTY hundredths of one percent of the total capi- tal value of the application, provided however that applications for construction of a safety net diagnostic and treatment center, as defined in paragraph (c) of subdivision sixteen of section twenty-eight hundred one-a of this article, shall be subject to a fee of forty-five hundredths of one percent of the total capital value of the application; and (ii) for hospital, nursing home and diagnostic and treatment center applications that do not require approval by the council, the additional fee shall be [thirty] THIRTY-FIVE hundredths of one percent of the total capital value of the application, provided however that safety net diag- nostic and treatment center applications, as defined in paragraph (c) of subdivision sixteen of section twenty-eight hundred one-a of this arti- cle, shall be subject to a fee of twenty-five hundredths of one percent of the total capital value of the application. § 7. Section 3605 of the public health law is amended by adding two new subdivisions 1-a and 1-b to read as follows: 1-A. CORE PUBLIC HEALTH SERVICES, AS DEFINED IN SECTION SIX HUNDRED TWO OF THIS CHAPTER, WHEN PROVIDED IN THE HOME BY THE LOCAL HEALTH DEPARTMENT OF A COUNTY OR OF THE CITY OF NEW YORK, SHALL NOT REQUIRE LICENSURE UNDER THIS SECTION, PROVIDED THAT SUCH SERVICES SHALL NOT INCLUDE: HOME HEALTH AIDE SERVICES; PERSONAL CARE SERVICES; OR NURSING SERVICES THAT REQUIRE MORE THAN MINIMAL PATIENT CONTACT. FOR THE PURPOSES OF THIS SUBDIVISION THE TERM "MINIMAL PATIENT CONTACT" INCLUDES, BUT IS NOT LIMITED TO, PROVIDING ASSESSMENTS OF NEW MOTHERS AND INFANTS, DIRECT OBSERVATION, AND LEAD SCREENING. PATIENT CONTACT SHALL BE CONSIDERED MORE THAN MINIMAL IF IT REQUIRES MORE THAN SIX PATIENT VISITS. CORE PUBLIC HEALTH SERVICES THAT MAY BE PROVIDED WITHOUT A LICENSE PURSUANT TO THIS SUBDIVISION INCLUDE BUT ARE NOT LIMITED TO: IMMUNIZATIONS; TESTING FOR TUBERCULOSIS AND OBSERVATION OF TUBERCULOSIS S. 4007 143 A. 3007 SELF-DIRECTED THERAPY; VERBAL ASSESSMENT, COUNSELING AND REFERRAL SERVICES; AND SUCH OTHER SERVICES AS MAY BE DETERMINED BY THE DEPART- MENT. 1-B. CORE PUBLIC HEALTH SERVICES, AS DEFINED IN SECTION SIX HUNDRED TWO OF THIS CHAPTER, WHEN PROVIDED BY LOCAL HEALTH DEPARTMENTS IN THE HOME AS AUTHORIZED UNDER SUBDIVISION ONE-A OF THIS SECTION, MAY BE ELIGIBLE FOR REIMBURSEMENT UNDER TITLE XIX OF THE FEDERAL SOCIAL SECURI- TY ACT PROVIDED THAT THE SERVICES PROVIDED MEET FEDERAL AND STATE REQUIREMENTS FOR SUCH REIMBURSEMENT. § 8. Subdivision 2 of section 3611 of the public health law, as amended by section 66 of part A of chapter 58 of the laws of 2010, is amended to read as follows: 2. The public health and health planning council shall not act upon an application for licensure or a certificate of approval for any agency referred to in subdivision one of this section unless it is satisfied as to the character, competence and standing in the community of the proposed incorporators, directors, sponsors, controlling persons, prin- cipal stockholders of the parent corporation, health related subsidiary corporation and the New York state corporation established pursuant to paragraph (a) of subdivision one of this section. STOCKHOLDERS OR MEMBERS OF THIRD LEVEL OR HIGHER ENTITIES THAT WILL EXERCISE NO CONTROL OF THE AGENCY FUNCTIONS SHALL NOT BE CONSIDERED CONTROLLING PERSONS SUBJECT TO CHARACTER AND COMPETENCY REVIEW PROVIDED THAT AN AFFIDAVIT STATING THAT SUCH INDIVIDUALS WILL EXERCISE NO CONTROL OVER THE AGENCY FUNCTIONS IS SIGNED BY SUCH INDIVIDUALS AND SUBMITTED TO THE DEPARTMENT. For the purposes of this section the public health and health planning council may adopt rules and regulations relative to what constitutes parent and subsidiary corporations. § 9. This act shall take effect immediately; provided, however that section five of this act shall take effect on the ninetieth day after it shall have become a law and shall apply to material transactions, as defined by section 4551 of the public health law as added by section five of this act, closing on or after April 1, 2024. Effective imme- diately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART N Section 1. Section 366 of the social services law is amended by adding a new subdivision 16 to read as follows: 16. (A) THE COMMISSIONER OF HEALTH IS AUTHORIZED TO SUBMIT THE APPRO- PRIATE WAIVERS AND/OR ANY OTHER REQUIRED REQUESTS FOR FEDERAL APPROVAL, INCLUDING BUT NOT LIMITED TO, THOSE AUTHORIZED IN SECTION ELEVEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT, IN ORDER TO ESTABLISH EXPANDED MEDICAL ASSISTANCE ELIGIBILITY FOR WORKING DISABLED INDIVID- UALS. SUCH WAIVER APPLICATIONS SHALL BE EXECUTED CONSISTENT WITH PARA- GRAPHS (B), (C), (D) AND (E) OF THIS SUBDIVISION, TO THE EXTENT THOSE SECTIONS COMPLY WITH THE REQUIREMENTS OF SECTION ELEVEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT. NOTWITHSTANDING SUBPARAGRAPHS FIVE AND SIX OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION AND SUBDIVI- SION TWELVE OF SECTION THREE HUNDRED SIXTY-SEVEN-A OF THIS TITLE, OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF GRANTED SUCH WAIVER, THE COMMISSIONER OF HEALTH MAY AUTHORIZE ELIGIBLE PERSONS TO RECEIVE MEDICAL ASSISTANCE PURSUANT TO THE WAIVER IF, FOR SO LONG AS, AND TO THE EXTENT THAT, FINANCIAL PARTICIPATION IS AVAILABLE THEREFOR. THE WAIVER APPLICA- S. 4007 144 A. 3007 TION SHALL PROVIDE FOR THIRTY THOUSAND PERSONS TO BE ELIGIBLE TO PARTIC- IPATE IN SUCH WAIVER. (B) INDIVIDUALS ELIGIBLE FOR PARTICIPATION IN SUCH WAIVER SHALL: (I) BE A DISABLED INDIVIDUAL, DEFINED AS HAVING A MEDICALLY DETERMINA- BLE IMPAIRMENT OF SUFFICIENT SEVERITY AND DURATION TO QUALIFY FOR BENE- FITS UNDER TITLES II OR XVI OF THE SOCIAL SECURITY ACT; (II) BE AT LEAST SIXTEEN YEARS OF AGE; (III) BE OTHERWISE ELIGIBLE FOR MEDICAL ASSISTANCE BENEFITS, BUT FOR EARNINGS AND/OR RESOURCES IN EXCESS OF THE ALLOWABLE LIMIT; (IV) HAVE NET AVAILABLE INCOME, DETERMINED IN ACCORDANCE WITH SUBDIVI- SION TWO OF THIS SECTION, THAT DOES NOT EXCEED TWO THOUSAND TWO HUNDRED FIFTY PERCENT OF THE APPLICABLE FEDERAL POVERTY LINE, AS DEFINED AND UPDATED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; (V) HAVE 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 THREE HUNDRED THOUSAND DOLLARS; (VI) CONTRIBUTE TO THE COST OF MEDICAL ASSISTANCE PROVIDED PURSUANT TO THIS PARAGRAPH IN ACCORDANCE WITH PARAGRAPH (D) OF THIS SUBDIVISION; AND (VII) MEET SUCH OTHER CRITERIA AS MAY BE ESTABLISHED BY THE COMMIS- SIONER AS MAY BE NECESSARY TO ADMINISTER THE PROVISIONS OF THIS SUBDIVI- SION IN AN EQUITABLE MANNER. (C) AN INDIVIDUAL AT LEAST SIXTEEN YEARS OF AGE WHO: IS EMPLOYED; CEASES TO BE ELIGIBLE FOR PARTICIPATION IN SUCH WAIVER PURSUANT TO PARA- GRAPH (B) OF THIS SUBDIVISION BECAUSE THE PERSON, BY REASON OF MEDICAL IMPROVEMENT, IS DETERMINED AT THE TIME OF A REGULARLY SCHEDULED CONTINU- ING DISABILITY REVIEW TO NO LONGER BE CERTIFIED AS DISABLED UNDER THE SOCIAL SECURITY ACT; CONTINUES TO HAVE A SEVERE MEDICALLY DETERMINABLE IMPAIRMENT, TO BE DETERMINED IN ACCORDANCE WITH APPLICABLE FEDERAL REGU- LATIONS; AND CONTRIBUTES TO THE COST OF MEDICAL ASSISTANCE PROVIDED PURSUANT TO THIS PARAGRAPH IN ACCORDANCE WITH PARAGRAPH (D) OF THIS SUBDIVISION, SHALL BE ELIGIBLE FOR PARTICIPATION IN SUCH WAIVER. FOR PURPOSES OF THIS PARAGRAPH, A PERSON IS CONSIDERED TO BE EMPLOYED IF THE PERSON IS EARNING AT LEAST THE APPLICABLE MINIMUM WAGE UNDER SECTION SIX OF THE FEDERAL FAIR LABOR STANDARDS ACT AND WORKING AT LEAST FORTY HOURS PER MONTH. (D) PRIOR TO RECEIVING MEDICAL ASSISTANCE PURSUANT TO SUCH WAIVER, A PERSON WHOSE NET AVAILABLE INCOME IS GREATER THAN OR EQUAL TO TWO HUNDRED FIFTY PERCENT OF THE APPLICABLE FEDERAL POVERTY LINE SHALL PAY A MONTHLY PREMIUM, IN ACCORDANCE WITH A PROCEDURE TO BE ESTABLISHED BY THE COMMISSIONER. THE AMOUNT OF SUCH PREMIUM FOR A PERSON WHOSE NET AVAIL- ABLE INCOME IS GREATER THAN OR EQUAL TO TWO HUNDRED FIFTY PERCENT OF THE APPLICABLE FEDERAL POVERTY LINE, BUT LESS THAN THREE HUNDRED PERCENT OF THE APPLICABLE FEDERAL POVERTY LINE SHALL BE THREE HUNDRED AND FORTY- SEVEN DOLLARS. THE AMOUNT OF SUCH PREMIUM FOR A PERSON WHOSE NET AVAIL- ABLE INCOME IS GREATER THAN OR EQUAL TO THREE HUNDRED PERCENT OF THE APPLICABLE FEDERAL POVERTY LINE, BUT LESS THAN FOUR HUNDRED PERCENT OF THE APPLICABLE FEDERAL POVERTY LINE SHALL BE FIVE HUNDRED EIGHTEEN DOLLARS. THE AMOUNT OF SUCH PREMIUM FOR A PERSON WHOSE NET AVAILABLE INCOME IS GREATER THAN OR EQUAL TO FOUR HUNDRED PERCENT OF THE APPLICA- BLE FEDERAL POVERTY LINE, BUT LESS THAN FIVE HUNDRED PERCENT OF THE APPLICABLE FEDERAL POVERTY LINE SHALL BE SEVEN HUNDRED AND SEVENTY-NINE DOLLARS. THE AMOUNT OF SUCH PREMIUM FOR A PERSON WHOSE NET AVAILABLE INCOME IS EQUAL TO OR GREATER THAN FIVE HUNDRED PERCENT OF THE APPLICA- BLE FEDERAL POVERTY LINE SHALL BE ONE THOUSAND FOUR HUNDRED AND FORTY- EIGHT DOLLARS. NO PREMIUM SHALL BE REQUIRED FROM A PERSON WHOSE NET S. 4007 145 A. 3007 AVAILABLE INCOME IS LESS THAN TWO HUNDRED FIFTY PERCENT OF THE APPLICA- BLE FEDERAL POVERTY LINE. (E) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR ANY OTHER LAW TO THE CONTRARY, FOR PURPOSES OF DETERMINING MEDICAL ASSISTANCE ELIGIBILITY FOR PERSONS SPECIFIED IN PARAGRAPH (B) OR (C) OF THIS SUBDI- VISION, 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. § 2. This act shall take effect on January 1, 2025. PART O Section 1. Subdivisions 1, 15, 16, 17 and 18 of section 1399-aa of the public health law, subdivision 1 as amended by chapter 13 of the laws of 2003, subdivisions 15, 16, 17 and 18 as added by section 2 of part EE of chapter 56 of the laws of 2020, are amended and two new subdivisions 19 and 20 are added to read as follows: 1. "Enforcement officer" means the enforcement officer designated pursuant to article thirteen-E of this chapter to enforce such article and hold hearings pursuant thereto; provided that in a city with a popu- lation of more than one million it shall also mean an officer or employ- ee or any agency of such city that is authorized to enforce any local law of such city related to the regulation of the sale of CIGARETTES, tobacco products, OR VAPOR PRODUCTS to minors. 15. "Listed or non-discounted price" means the price listed for ciga- rettes, tobacco products, or vapor products [intended or reasonably expected to be used with or for the consumption of nicotine,] on their packages or any related shelving, posting, advertising or display at the location where the cigarettes, tobacco products, or vapor products [intended or reasonably expected to be used with or for the consumption of nicotine,] are sold or offered for sale, including all applicable taxes. 16. "Retail dealer" means a person licensed by the commissioner of taxation and finance to sell cigarettes, tobacco products, or vapor products [in this state], OR A PERSON OR BUSINESS REQUIRED TO OBTAIN SUCH LICENSE. 17. "Vapor products" means any noncombustible liquid or gel, regard- less of the presence of nicotine therein, that is manufactured into a finished product for use in an electronic [cigarette, including any] device THAT DELIVERS VAPOR WHICH IS INHALED, INCLUDING ANY REFILL, CARTRIDGE, DEVICE OR COMPONENT THEREOF that contains OR IS INTENDED TO BE USED WITH such noncombustible liquid or gel. "Vapor product" shall not include any device, or any component thereof, that does not contain such noncombustible liquid or gel, or any product approved by the United States [food and drug administration] FOOD AND DRUG ADMINISTRATION as a drug or medical device, or manufactured and dispensed pursuant to [title five-A of article thirty-three of this chapter] ARTICLE THREE, FOUR OR FIVE OF THE CANNABIS LAW. 18. "Vapor products dealer" means a person licensed by the commission- er of taxation and finance to sell vapor products [in this state], OR A PERSON OR BUSINESS REQUIRED TO OBTAIN SUCH LICENSE. 19. "TOBACCO OR VAPOR SELLER" MEANS A PERSON, SOLE PROPRIETORSHIP, CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP OR OTHER ENTERPRISE THAT MANUFACTURES, DISTRIBUTES, SELLS OR OFFERS TO SELL, WHETHER THROUGH RETAIL OR WHOLESALE, OR EXCHANGES OR OFFERS TO EXCHANGE, FOR ANY FORM OF CONSIDERATION, CIGARETTES, TOBACCO PRODUCTS, OR VAPOR PRODUCTS. THIS S. 4007 146 A. 3007 DEFINITION IS WITHOUT REGARD TO THE QUANTITY OF CIGARETTES, TOBACCO PRODUCTS, OR VAPOR PRODUCTS MANUFACTURED, DISTRIBUTED, SOLD, OFFERED FOR SALE, EXCHANGED, OR OFFERED FOR EXCHANGE. 20. "SMOKING PARAPHERNALIA" MEANS ANY PIPE, WATER PIPE, HOOKAH, ROLL- ING PAPERS, VAPORIZER OR ANY OTHER DEVICE, EQUIPMENT OR APPARATUS DESIGNED FOR THE INHALATION OF TOBACCO. § 2. Subdivisions 1, 1-a, 2, 3, 4 and 5 of section 1399-bb of the public health law, subdivisions 1, 2, 3, 4 and 5 as amended and subdivi- sion 1-a as added by section 4 of part EE of chapter 56 of the laws of 2020, are amended to read as follows: 1. No retail dealer, or any agent or employee of [a] ANY retail dealer, engaged in the business of selling or otherwise distributing tobacco products, vapor products [intended or reasonably expected to be used with or for the consumption of nicotine], or herbal cigarettes for commercial purposes[, or any agent or employee of such retail dealer, or any agent or employee of a retail dealer], shall knowingly, in further- ance of such business: (a) distribute without charge any tobacco products, vapor products [intended or reasonably expected to be used with or for the consumption of nicotine], or herbal cigarettes to any individual, provided that the distribution of a package containing tobacco products, vapor products [intended or reasonably expected to be used with or for the consumption of nicotine], or herbal cigarettes in violation of this subdivision shall constitute a single violation without regard to the number of items in the package; or (b) distribute price reduction instruments which are redeemable for tobacco products, vapor products [intended or reasonably expected to be used with or for the consumption of nicotine], or herbal cigarettes to any individual, provided that this subdivision shall not apply to coupons contained in newspapers, magazines or other types of publica- tions, coupons obtained through the purchase of tobacco products, vapor products [intended or reasonably expected to be used with or for the consumption of nicotine], or herbal cigarettes or obtained at locations which sell tobacco products, vapor products [intended or reasonably expected to be used with or for the consumption of nicotine], or herbal cigarettes provided that such distribution is confined to a designated area or to coupons sent through the mail. 1-a. No retail dealer engaged in the business of selling or otherwise distributing tobacco products, herbal cigarettes, or vapor products [intended or reasonably expected to be used with or for the consumption of nicotine] for commercial purposes, or any agent or employee of such retail dealer, shall knowingly, in furtherance of such business: (a) honor or accept a price reduction instrument in any transaction related to the sale of tobacco products, herbal cigarettes, or vapor products [intended or reasonably expected to be used with or for the consumption of nicotine] to a consumer; (b) sell or offer for sale any tobacco products, herbal cigarettes, or vapor products [intended or reasonably expected to be used with or for the consumption of nicotine] to a consumer through any multi-package discount or otherwise provide to a consumer any tobacco products, herbal cigarettes, or vapor products [intended or reasonably expected to be used with or for the consumption of nicotine] for less than the listed price or non-discounted price in exchange for the purchase of any other tobacco products, herbal cigarettes, or vapor products [intended or reasonably expected to be used with or for the consumption of nicotine] by such consumer; S. 4007 147 A. 3007 (c) sell, offer for sale, or otherwise provide any product other than a tobacco product, herbal cigarette, or vapor product [intended or reasonably expected to be used with or for the consumption of nicotine] to a consumer for less than the listed price or non-discounted price in exchange for the purchase of a tobacco product, herbal cigarette, or vapor product [intended or reasonably expected to be used with or for the consumption of nicotine] by such consumer; or (d) sell, offer for sale, or otherwise provide a tobacco product, herbal cigarette, or vapor product [intended or reasonably expected to be used with or for the consumption of nicotine] to a consumer for less than the listed price or non-discounted price. 2. The prohibitions contained in subdivision one of this section shall not apply to the following locations: (a) private social functions when seating arrangements are under the control of the sponsor of the function and not the owner, operator, manager or person in charge of such indoor area; (b) conventions and trade shows; provided that the distribution is confined to designated areas generally accessible only to persons over the age of twenty-one; (c) events sponsored by tobacco, vapor product [intended or reasonably expected to be used with or for the consumption of nicotine], or herbal cigarette manufacturers provided that the distribution is confined to designated areas generally accessible only to persons over the age of twenty-one; (d) bars as defined in subdivision one of section thirteen hundred ninety-nine-n of this chapter; (e) tobacco businesses as defined in subdivision eight of section thirteen hundred ninety-nine-aa of this article; (f) factories as defined in subdivision nine of section thirteen hundred ninety-nine-aa of this article and construction sites; provided that the distribution is confined to designated areas generally accessi- ble only to persons over the age of twenty-one. 3. No retail dealer shall distribute tobacco products, vapor products [intended or reasonably expected to be used with or for the consumption of nicotine], or herbal cigarettes at the locations set forth in para- graphs (b), (c) and (f) of subdivision two of this section unless such person gives five days written notice to the enforcement officer. 4. No retail dealer engaged in the business of selling or otherwise distributing [electronic cigarettes or] vapor products [intended or reasonably expected to be used with or for the consumption of nicotine] for commercial purposes, or any agent or employee of such person, shall knowingly, in furtherance of such business, distribute without charge any [electronic cigarettes] VAPOR PRODUCTS to any individual under twen- ty-one years of age. 5. The distribution of tobacco products, [electronic cigarettes,] vapor products [intended or reasonably expected to be used with or for the consumption of nicotine], or herbal cigarettes pursuant to subdivi- sion two of this section or the distribution without charge of [elec- tronic cigarettes, or] vapor products [intended or reasonably expected to be used with or for the consumption of nicotine], shall be made only to an individual who demonstrates, through (a) a driver's license or non-driver identification card issued by the commissioner of motor vehi- cles, the federal government, any United States territory, commonwealth, or possession, the District of Columbia, a state government within the United States, or a provincial government of the dominion of Canada, (b) a valid passport issued by the United States government or the govern- S. 4007 148 A. 3007 ment of any other country, or (c) an identification card issued by the armed forces of the United States, indicating that the individual is at least twenty-one years of age. Such identification need not be required of any individual who reasonably appears to be at least twenty-five years of age; provided, however, that such appearance shall not consti- tute a defense in any proceeding alleging the sale of a tobacco product, [electronic cigarette,] vapor product [intended or reasonably expected to be used with or for the consumption of nicotine], or herbal cigarette or the distribution without charge of [electronic cigarettes, or] vapor products [intended or reasonably expected to be used with or for the consumption of nicotine to an individual]. § 3. The section heading and subdivisions 1, 2, 3, 4 and 7 of section 1399-cc of the public health law, the section heading, subdivisions 1 and 4 as amended by chapter 542 of the laws of 2014, subdivisions 2, 3 and 7 as amended by chapter 100 of the laws of 2019, are amended to read as follows: Sale of tobacco products, herbal cigarettes, [liquid nicotine,] shisha, [rolling papers or] smoking paraphernalia, OR VAPOR PRODUCTS to minors prohibited. 1. As used in this section: (a) "A device capable of deciphering any electronically readable format" or "device" shall mean any commercial device or combination of devices used at a point of sale or entry that is capable of reading the information encoded on the bar code or magnetic strip of a driver's license or non-driver identification card issued by the state commis- sioner of motor vehicles; (b) "Card holder" means any person presenting a driver's license or non-driver identification card to a licensee, or to the agent or employ- ee of such licensee under this chapter; (c) ["Smoking paraphernalia" means any pipe, water pipe, hookah, roll- ing papers, vaporizer or any other device, equipment or apparatus designed for the inhalation of tobacco; (d)] "Transaction scan" means the process involving an automated bar code reader by which a licensee, or agent or employee of a licensee under this chapter reviews a driver's license or non-driver identifica- tion card presented as a precondition for the purchase of [a] tobacco [product] PRODUCTS, VAPOR PRODUCTS, or herbal cigarettes pursuant to subdivision three of this section; and [(e)] (D) "Liquid nicotine", "electronic liquid" or "e-liquid" means a liquid composed of nicotine and other chemicals, and which is sold as a product that may be used in an electronic cigarette. 2. Any person operating a place of business wherein tobacco products, herbal cigarettes, [liquid nicotine,] shisha or [electronic cigarettes] VAPOR PRODUCTS, are sold or offered for sale is prohibited from selling such TOBACCO OR VAPOR products, herbal cigarettes, [liquid nicotine,] shisha, [electronic cigarettes] or smoking paraphernalia to individuals under twenty-one years of age, and shall post in a conspicuous place a sign upon which there shall be imprinted the following statement, "SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, SHISHA, VAPOR PRODUCTS, OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, [LIQUID NICO- TINE, ELECTRONIC CIGARETTES, ROLLING PAPERS] OR SMOKING PARAPHERNALIA, TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW." Such sign shall be printed on a white card in red letters at least one-half inch in height. 3. Sale of tobacco products, herbal cigarettes, [liquid nicotine,] shisha [or electronic cigarettes], OR VAPOR PRODUCTS in such places, other than by a vending machine, shall be made only to an individual who S. 4007 149 A. 3007 demonstrates, through (a) a valid driver's license or non-driver's iden- tification card issued by the commissioner of motor vehicles, the feder- al government, any United States territory, commonwealth or possession, the District of Columbia, a state government within the United States or a provincial government of the dominion of Canada, or (b) a valid pass- port issued by the United States government or any other country, or (c) an identification card issued by the armed forces of the United States, indicating that the individual is at least twenty-one years of age. Such identification need not be required of any individual who reasonably appears to be at least twenty-five years of age, provided, however, that such appearance shall not constitute a defense in any proceeding alleg- ing the sale of [a] tobacco [product,] PRODUCTS, VAPOR PRODUCTS, herbal cigarettes, [liquid nicotine,] OR shisha [or electronic cigarettes] to an individual under twenty-one years of age. 4. (a) Any person operating a place of business wherein tobacco products, VAPOR PRODUCTS, herbal cigarettes, [liquid nicotine,] OR shisha [or electronic cigarettes] are sold or offered for sale may perform a transaction scan as a precondition for such purchases. (b) In any instance where the information deciphered by the trans- action scan fails to match the information printed on the driver's license or non-driver identification card, or if the transaction scan indicates that the information is false or fraudulent, the attempted transaction shall be denied. (c) In any proceeding pursuant to section thirteen hundred ninety- nine-ee of this article, it shall be an affirmative defense that such person had produced a driver's license or non-driver identification card apparently issued by a governmental entity, successfully completed that transaction scan, and that the tobacco product, VAPOR PRODUCT, herbal cigarettes or [liquid nicotine] SHISHA had been sold, delivered or given to such person in reasonable reliance upon such identification and tran- saction scan. In evaluating the applicability of such affirmative defense the commissioner shall take into consideration any written poli- cy adopted and implemented by the seller to effectuate the provisions of this chapter. Use of a transaction scan shall not excuse any person operating a place of business wherein tobacco products, VAPOR PRODUCT, herbal cigarettes, [liquid nicotine,] OR shisha [or electronic ciga- rettes] are sold, or the agent or employee of such person, from the exercise of reasonable diligence otherwise required by this chapter. Notwithstanding the above provisions, any such affirmative defense shall not be applicable in any civil or criminal proceeding, or in any other forum. 7. No person operating a place of business wherein tobacco products, VAPOR PRODUCTS, herbal cigarettes, [liquid nicotine,] OR shisha [or electronic cigarettes] are sold or offered for sale shall sell, permit to be sold, offer for sale or display for sale any tobacco product, VAPOR PRODUCT, herbal cigarettes, [liquid nicotine,] OR shisha [or elec- tronic cigarettes] in any manner, unless such products and cigarettes are stored for sale (a) behind a counter in an area accessible only to the personnel of such business, or (b) in a locked container; provided, however, such restriction shall not apply to tobacco businesses, as defined in subdivision eight of section thirteen hundred ninety-nine-aa of this article, and to places to which admission is restricted to persons twenty-one years of age or older. § 4. Section 1399-dd of the public health law, as amended by chapter 448 of the laws of 2012, subdivision (d) as amended by chapter 100 of the laws of 2019, is amended to read as follows: S. 4007 150 A. 3007 § 1399-dd. Sale of tobacco products, herbal cigarettes or [electronic cigarettes] VAPOR PRODUCTS in vending machines. No person, firm, part- nership, company or corporation shall operate a vending machine which dispenses tobacco products, herbal cigarettes or [electronic cigarettes] VAPOR PRODUCTS unless such machine is located: (a) in a bar as defined in subdivision one of section thirteen hundred ninety-nine-n of this chapter, or the bar area of a food service establishment with a valid, on-premises full liquor license; (b) in a private club; (c) in a tobacco business as defined in subdivision eight of section thirteen hundred ninety-nine-aa of this article; or (d) in a place of employment which has an insignificant portion of its regular workforce comprised of people under the age of twenty-one years and only in such locations that are not accessible to the general public; provided, however, that in such locations the vending machine is located in plain view and under the direct supervision and control of the person in charge of the location or [his or her] THEIR designated agent or employee. § 5. The section heading and subdivisions 1 and 2 of section 1399-dd-1 of the public health law, as added by section 13 of part EE of chapter 56 of the laws of 2020, are amended to read as follows: Public display of tobacco AND VAPOR product [and electronic cigarette] advertisements and smoking paraphernalia prohibited. 1. For purposes of this section[: (a) "Advertisement"] "ADVERTISEMENT" means words, pictures, photo- graphs, symbols, graphics or visual images of any kind, or any combina- tion thereof, which bear a health warning required by federal statute, the purpose or effect of which is to identify a brand of a tobacco OR VAPOR product, [electronic cigarette, or vapor product intended or reasonably expected to be used with or for the consumption of nicotine], a trademark of a tobacco OR VAPOR product, [electronic cigarette, or vapor product intended or reasonably expected to be used with or for the consumption of nicotine or] a trade name associated exclusively with a tobacco OR VAPOR product, [electronic cigarette, or vapor product intended or reasonably expected to be used with or for the consumption of nicotine] or to promote the use or sale of a tobacco OR VAPOR prod- uct[, electronic cigarette, or vapor product intended or reasonably expected to be used with or for the consumption of nicotine. (b) "Smoking paraphernalia" means any pipe, water pipe, hookah, roll- ing papers, electronic cigarette, vaporizer or any other device, equip- ment or apparatus designed for the inhalation of tobacco or nicotine. (c) "Vapor product" means any vapor product, as defined by section thirteen hundred ninety-nine-aa of this article, intended or reasonably expected to be used with or for the consumption of nicotine. (d) "Tobacco products" shall have the same meaning as in subdivision five of section thirteen hundred ninety-nine-aa of this article. (e) "Electronic cigarette" shall have the same meaning as in subdivi- sion thirteen of section thirteen hundred ninety-nine-aa of this arti- cle]. 2. (a) No person, corporation, partnership, sole proprietor, limited partnership, association or any other business entity may place, cause to be placed, maintain or to cause to be maintained, smoking parapher- nalia [or], tobacco product, [electronic cigarette,] or vapor product [intended or reasonably expected to be used with or for the consumption of nicotine] advertisements in a store front or exterior window or any door which is used for entry or egress by the public to the building or structure containing a place of business within one thousand five S. 4007 151 A. 3007 hundred feet of a school, provided that within New York city such prohi- bitions shall only apply within five hundred feet of a school. (b) Any person, corporation, partnership, sole proprietor, limited partnership, association or any other business entity in violation of this section shall be subject to a civil penalty of not more than five hundred dollars for a first violation and not more than one thousand dollars for a second or subsequent violation. § 6. Subdivisions 2, 3 and 4 of section 1399-ee of the public health law, subdivision 2 and paragraphs (e) and (f) of subdivision 3 as amended by section 6 of part EE of chapter 56 of the laws of 2020 and subdivisions 3 and 4 as amended by chapter 162 of the laws of 2002, are amended to read as follows: 2. If the enforcement officer determines after a hearing that a violation of this article has occurred, [he or she] OR THAT A STATE OR LOCAL HEALTH OFFICIAL WAS DENIED ACCESS TO A RETAIL STORE INCLUDING ALL PRODUCT DISPLAY AND STORAGE AREAS, FOR THE PURPOSE OF EVALUATING COMPLI- ANCE WITH THIS ARTICLE, THEY shall impose a civil penalty of a minimum of three hundred dollars, but not to exceed one thousand five hundred dollars for a first violation, and a minimum of one thousand dollars, but not to exceed two thousand five hundred dollars for each subsequent violation, unless a different penalty is otherwise provided in this article. The enforcement officer shall advise the retail dealer that upon the accumulation of three or more points pursuant to this section the department of taxation and finance shall suspend the dealer's regis- tration. If the enforcement officer determines after a hearing that a retail dealer was selling tobacco OR VAPOR products while their regis- tration was suspended or permanently revoked pursuant to subdivision three or four of this section, [he or she] THEY shall impose a civil penalty of twenty-five hundred dollars. 3. (a) Imposition of points. If the enforcement officer determines, after a hearing, that the retail dealer violated subdivision [one] TWO of section thirteen hundred ninety-nine-cc of this article with respect to a prohibited sale to a minor, [he or she] THEY shall, in addition to imposing any other penalty required or permitted pursuant to this section, assign two points to the retail dealer's record where the indi- vidual who committed the violation did not hold a certificate of completion from a state certified tobacco sales training program and one point where the retail dealer demonstrates that the person who committed the violation held a certificate of completion from a state certified tobacco sales training program. (b) Revocation. If the enforcement officer determines, after a hear- ing, that a retail dealer has violated this article four times within a three year time frame [he or she] THEY shall, in addition to imposing any other penalty required or permitted by this section, direct the commissioner of taxation and finance to revoke the dealer's registration for one year. (c) Duration of points. Points assigned to a retail dealer's record shall be assessed for a period of thirty-six months beginning on the first day of the month following the assignment of points. (d) Reinspection. Any retail dealer who is assigned points pursuant to paragraph (a) of this subdivision shall be reinspected at least two times a year by the enforcement officer until points assessed are removed from the retail dealer's record. (e) Suspension. If the department determines that a retail dealer has accumulated three points or more, the department shall direct the commissioner of taxation and finance to suspend such dealer's registra- S. 4007 152 A. 3007 tion for one year. The three points serving as the basis for a suspen- sion shall be erased upon the completion of the one year penalty. (f) Surcharge. A two hundred fifty dollar surcharge to be assessed for every violation will be made available to enforcement officers and shall be used solely for compliance checks to be conducted to determine compliance with this section. 4. (a) If the enforcement officer determines, after a hearing, that a retail dealer has violated this article while their registration was suspended pursuant to subdivision three of this section, [he or she] THE ENFORCEMENT OFFICER shall, in addition to imposing any other penalty required or permitted by this section, direct the commissioner of taxa- tion and finance to permanently revoke the dealer's registration and not permit the dealer to obtain a new registration. (b) If the enforcement officer determines, after a hearing, that a vending machine operator has violated this article three times within a two year period, or four or more times cumulatively [he or she] THEY shall, in addition to imposing any other penalty required or permitted by this section, direct the commissioner of taxation and finance to suspend the vendor's registration for one year and not permit the vendor to obtain a new registration for such period. § 7. Subdivision 1 of section 1399-ff of the public health law, as amended by chapter 100 of the laws of 2019, is amended to read as follows: 1. Where a civil penalty for a particular incident has not been imposed or an enforcement action regarding an alleged violation for a particular incident is not pending under section thirteen hundred nine- ty-nine-ee of this article, a parent or guardian of a person under twen- ty-one years of age to whom tobacco products, herbal cigarettes [or electronic cigarettes], OR VAPOR PRODUCTS are sold or distributed in violation of this article may submit a complaint to an enforcement offi- cer setting forth the name and address of the alleged violator, the date of the alleged violation, the name and address of the complainant and the person under twenty-one years of age, and a brief statement describ- ing the alleged violation. The enforcement officer shall notify the alleged violator by certified or registered mail, return receipt requested, that a complaint has been submitted, and shall set a date, at least fifteen days after the mailing of such notice, for a hearing on the complaint. Such notice shall contain the information submitted by the complainant. § 8. Subdivision 1 of section 1399-gg of the public health law, as amended by chapter 513 of the laws of 2004, is amended to read as follows: 1. All tobacco cigarettes OR VAPOR PRODUCTS sold or offered for sale by a retail dealer shall be sold or offered for sale in the package, box, carton or other container provided by the manufacturer, importer, or packager which bears all health warnings required by applicable law. § 9. The opening paragraph and subdivision 3 of section 1399-hh of the public health law, as amended by section 8 of part EE of chapter 56 of the laws of 2020, are amended to read as follows: The commissioner shall develop, plan and implement a comprehensive program to reduce the prevalence of tobacco [use, and vapor product, intended or reasonably expected to be used with or for the consumption of nicotine,] AND VAPOR PRODUCT use particularly among persons less than twenty-one years of age. This program shall include, but not be limited to, support for enforcement of this article. S. 4007 153 A. 3007 3. Monies made available to enforcement officers pursuant to this section shall only be used for local tobacco and vapor product[, intended or reasonably expected to be used with or for the consumption of nicotine,] enforcement activities approved by the commissioner. § 10. Subdivision 2 of section 1399-ii of the public health law, as amended by section 12 of part EE of chapter 56 of the laws of 2020, is amended to read as follows: 2. The department shall support tobacco and vapor product use prevention and control activities including, but not limited to: (a) Community programs to prevent and reduce tobacco use through local involvement and partnerships; (b) School-based programs to prevent and reduce tobacco use and use of vapor products; (c) Marketing and advertising to discourage tobacco AND vapor product [and liquid nicotine] use; (d) Nicotine cessation programs for youth and adults; (e) Special projects to reduce the disparities in smoking prevalence among various populations; (f) Restriction of youth access to tobacco products and vapor products; (g) Surveillance of smoking and vaping rates; and (h) Any other activities determined by the commissioner to be neces- sary to implement the provisions of this section. Such programs shall be selected by the commissioner through an appli- cation process which takes into account whether a program utilizes meth- ods recognized as effective in reducing [nicotine] TOBACCO OR VAPOR PRODUCT use. Eligible applicants may include, but not be limited to, a health care provider, schools, a college or university, a local public health department, a public health organization, a health care provider organization, association or society, municipal corporation, or a professional education organization. § 11. Section 1399-ii-1 of the public health law, as added by section 11 of part EE of chapter 56 of the laws of 2020, is amended to read as follows: § 1399-ii-1. [Electronic cigarette and vaping] VAPOR PRODUCT prevention, awareness and control program. The commissioner shall, in consultation and collaboration with the commissioner of education, establish and develop [an electronic cigarette and vaping] A VAPOR PROD- UCT prevention, control and awareness program within the department. Such program shall be designed to educate students, parents and school personnel about the health risks associated with vapor product use and control measures to reduce the prevalence of vaping, particularly among persons less than twenty-one years of age. Such program shall include, but not be limited to, the creation of age-appropriate instructional tools and materials that may be used by all schools, and marketing and advertising materials to discourage [electronic cigarette] VAPOR PRODUCT use. § 12. Subdivisions 1, 2 and 3 of section 1399-jj of the public health law, as amended by section 9 of part EE of chapter 56 of the laws of 2020, are amended to read as follows: 1. The commissioner shall evaluate the effectiveness of the efforts by state and local governments to reduce the use of tobacco products and vapor products[, intended or reasonably expected to be used with or for the consumption of nicotine,] among minors and adults. The principal measurements of effectiveness shall include negative attitudes toward tobacco and vapor products[, intended or reasonably expected to be used S. 4007 154 A. 3007 with or for the consumption of nicotine,] use and reduction of tobacco and vapor products[, intended or reasonably expected to be used with or for the consumption of nicotine,] use among the general population, and given target populations. 2. The commissioner shall ensure that, to the extent practicable, the most current research findings regarding mechanisms to reduce and change attitudes toward tobacco and vapor products[, intended or reasonably expected to be used with or for the consumption of nicotine,] use are used in tobacco and vapor product[, intended or reasonably expected to be used with or for the consumption of nicotine,] education programs administered by the department. 3. To diminish tobacco and vapor product[, intended or reasonably expected to be used with or for the consumption of nicotine,] use among minors and adults, the commissioner shall ensure that, to the extent practicable, the following is achieved: The department shall conduct an independent evaluation of the statewide tobacco use prevention and control program under section thirteen hundred ninety-nine-ii of this article. The purpose of this evaluation is to direct the most efficient allocation of state resources devoted to tobacco and vapor product[, intended or reasonably expected to be used with or for the consumption of nicotine], education and cessation to accomplish the maximum prevention and reduction of tobacco and vapor product[, intended or reasonably expected to be used with or for the consumption of nicotine,] use among minors and adults. Such evaluation shall be provided to the governor, the majority leader of the senate and the speaker of the assembly on or before September first, two thousand one, and annually on or before such date thereafter. The comprehensive evaluation design shall be guided by the following: (a) sound evaluation principles including, to the extent feasible, elements of controlled experimental methods; (b) an evaluation of the comparative effectiveness of individual program designs which shall be used in funding decisions and program modifications; and (c) an evaluation of other programs identified by state agencies, local lead agencies, and federal agencies. § 13. The opening paragraph and subdivision 2 of section 1399-kk of the public health law, as amended by section 10 of part EE of chapter 56 of the laws of 2020, are amended to read as follows: The commissioner shall submit to the governor and the legislature an interim tobacco control report and annual tobacco control reports which shall describe the extent of the use of tobacco products and vapor products[, intended or reasonably expected to be used with or for the consumption of nicotine,] by those under twenty-one years of age in the state and document the progress state and local governments have made in reducing such use among those under twenty-one years of age. 2. The commissioner shall submit to the governor and the legislature an annual tobacco and vapor products[, intended or reasonably expected to be used with or for the consumption of nicotine,] control report which shall describe the extent of the use of tobacco products and vapor products[, intended or reasonably expected to be used with or for the consumption of nicotine,] by those under twenty-one years of age in the state and document the progress state and local governments have made in reducing such use among those under twenty-one years of age. The annual report shall be submitted to the governor and the legislature on or before March thirty-first of each year beginning on March thirty-first, nineteen hundred ninety-nine. The annual report shall, to the extent S. 4007 155 A. 3007 practicable, include the following information on a county by county basis: (a) number of licensed and registered tobacco retailers and vendors and licensed vapor products dealers; (b) the names and addresses of retailers and vendors who have paid fines, or have been otherwise penalized, due to enforcement actions; (c) the number of complaints filed against licensed and registered tobacco retailers and licensed vapor products dealers; (d) the number of fires caused or believed to be caused by tobacco products and vapor products[, intended or reasonably expected to be used with or for the consumption of nicotine,] and deaths and injuries resulting therefrom; (e) the number and type of compliance checks conducted; (f) a survey of attitudes and behaviors regarding tobacco use among those under twenty-one years of age. The initial such survey shall be deemed to constitute the baseline survey; (g) the number of tobacco and vapor product[, intended or reasonably expected to be used with or for the consumption of nicotine,] users and estimated trends in tobacco and vapor product[, intended or reasonably expected to be used with or for the consumption of nicotine,] use among those under twenty-one years of age; (h) annual tobacco and vapor product[, intended or reasonably expected to be used with or for the consumption of nicotine,] sales; (i) tax revenue collected from the sale of tobacco products and vapor products[, intended or reasonably expected to be used with or for the consumption of nicotine]; (j) the number of licensed tobacco retail outlets and licensed vapor products dealers; (k) the number of cigarette vending machines; (l) the number and type of compliance checks; (m) the names of entities that have paid fines due to enforcement actions; and (n) the number of complaints filed against licensed tobacco retail outlets and licensed vapor products dealers. The annual tobacco and vapor product[, intended or reasonably expected to be used with or for the consumption of nicotine,] control report shall, to the extent practicable, include the following information: (a) tobacco and vapor product[, intended or reasonably expected to be used with or for the consumption of nicotine,] control efforts sponsored by state government agencies including money spent to educate those under twenty-one years of age on the hazards of tobacco and vapor prod- uct[, intended or reasonably expected to be used with or for the consumption of nicotine,] use; (b) recommendations for improving tobacco and vapor product[, intended or reasonably expected to be used with or for the consumption of nico- tine,] control efforts in the state; and (c) such other information as the commissioner deems appropriate. § 14. Subdivisions 1-a, 2, 3, 4, 5 and 6 of section 1399-ll of the public health law, subdivisions 2, 3, 4, 5 and 6 as amended and subdivi- sion 1-a as added by section 3 of part EE of chapter 56 of the laws of 2020, are amended to read as follows: 1-a. It shall be unlawful for any person engaged in the business of selling vapor products to ship or cause to be shipped any vapor products [intended or reasonably expected to be used with or for the consumption of nicotine] to any person in this state who is not: (a) a person that receives a certificate of registration as a vapor products dealer under S. 4007 156 A. 3007 article [twenty eight-C] TWENTY-EIGHT-C of the tax law; (b) an export warehouse proprietor pursuant to chapter 52 of the internal revenue code or an operator of a customs bonded warehouse pursuant to section 1311 or 1555 of title 19 of the United States Code; or (c) a person who is an officer, employee or agent of the United States government, this state or a department, agency, instrumentality or political subdivision of the United States or this state and presents [himself or herself] THEMSELF as such, when such person is acting in accordance with [his or her] THEIR official duties. For purposes of this subdivision, a person is a licensed or registered agent or dealer described in paragraph (a) of this subdivision if [his or her] THEIR name appears on a list of licensed or registered agents or vapor product dealers published by the department of taxation and finance, or if such person is licensed or registered as an agent or dealer under article [twenty eight-C] TWENTY- EIGHT-C of the tax law. 2. It shall be unlawful for any common or contract carrier to knowing- ly transport cigarettes to any person in this state reasonably believed by such carrier to be other than a person described in paragraph (a), (b) or (c) of subdivision one of this section. For purposes of the preceding sentence, if cigarettes are transported to a home or resi- dence, it shall be presumed that the common or contract carrier knew that such person was not a person described in paragraph (a), (b) or (c) of subdivision one of this section. It shall be unlawful for any other person to knowingly transport cigarettes to any person in this state, other than to a person described in paragraph (a), (b) or (c) of subdi- vision one of this section. Nothing in this subdivision shall be construed to prohibit a person other than a common or contract carrier from transporting not more than eight hundred cigarettes at any one time to any person in this state. It shall be unlawful for any common or contract carrier to knowingly transport vapor products [intended or reasonably expected to be used with or for the consumption of nicotine] to any person in this state reasonably believed by such carrier to be other than a person described in paragraph (a), (b) or (c) of subdivi- sion one-a of this section. For purposes of the preceding sentence, if vapor products [intended or reasonably expected to be used with or for the consumption of nicotine] are transported to a home or residence, it shall be presumed that the common or contract carrier knew that such person was not a person described in paragraph (a), (b) or (c) of subdi- vision one-a of this section. It shall be unlawful for any other person to knowingly transport vapor products [intended or reasonably expected to be used with or for the consumption of nicotine] to any person in this state, other than to a person described in paragraph (a), (b) or (c) of subdivision one of this section. Nothing in this subdivision shall be construed to prohibit a person other than a common or contract carrier from transporting vapor products, provided that the amount of vapor products [intended or reasonably expected to be used with or for the consumption of nicotine] shall not exceed the lesser of 500 millili- ters, or a total nicotine content of 3 grams at any one time to any person in this state. 3. When a person engaged in the business of selling cigarettes ships or causes to be shipped any cigarettes to any person in this state, other than in the cigarette manufacturer's original container or wrap- ping, the container or wrapping must be plainly and visibly marked with the word "cigarettes". When a person engaged in the business of selling vapor products ships or causes to be shipped any vapor products [intended or reasonably expected to be used with or for the consumption S. 4007 157 A. 3007 of nicotine] to any person in this state, other than in the vapor products manufacturer's original container or wrapping, the container or wrapping must be plainly and visibly marked with the words "vapor products". 4. Whenever a police officer designated in section 1.20 of the crimi- nal procedure law or a peace officer designated in subdivision four of section 2.10 of such law, acting pursuant to [his or her] THEIR special duties, shall discover any cigarettes or vapor products [intended or reasonably expected to be used with or for the consumption of nicotine] which have been or which are being shipped or transported in violation of this section, such person is hereby empowered and authorized to seize and take possession of such cigarettes or vapor products [intended or reasonably expected to be used with or for the consumption of nicotine], and such cigarettes or vapor products [intended or reasonably expected to be used with or for the consumption of nicotine] shall be subject to a forfeiture action pursuant to the procedures provided for in article thirteen-A of the civil practice law and rules, as if such article specifically provided for forfeiture of cigarettes or vapor products [intended or reasonably expected to be used with or for the consumption of nicotine] seized pursuant to this section as a pre-conviction forfei- ture crime. 5. Any person who violates the provisions of subdivision one, one-a, or two of this section shall be guilty of a class A misdemeanor and for a second or subsequent violation shall be guilty of a class E felony. In addition to the criminal penalty, any person who violates the provisions of subdivision one, one-a, two or three of this section shall be subject to a civil penalty not to exceed the greater of (a) five thousand dollars for each such violation; (b) one hundred dollars for each pack of cigarettes shipped, caused to be shipped or transported in violation of such subdivision; or (c) one hundred dollars for each vapor product [intended or reasonably expected to be used with or for the consumption of nicotine] shipped, caused to be shipped or transported in violation of such subdivision. 6. The attorney general may bring an action to recover the civil penalties provided by subdivision five of this section and for such other relief as may be deemed necessary. In addition, the corporation counsel of any political subdivision that imposes a tax on cigarettes or vapor products [intended or reasonably expected to used with or for the consumption of nicotine] may bring an action to recover the civil penal- ties provided by subdivision five of this section and for such other relief as may be deemed necessary with respect to any cigarettes or vapor products [intended or reasonably expected to be used with or for the consumption of nicotine] shipped, caused to be shipped or trans- ported in violation of this section to any person located within such political subdivision. All civil penalties obtained in any such action shall be retained by the state or political subdivision bringing such action, provided that no person shall be required to pay civil penalties to both the state and a political subdivision with respect to the same violation of this section. § 15. Paragraph (a) of subdivision 2 of section 1399-mm of the public health law, as added by chapter 549 of the laws of 2003, is amended to read as follows: (a) The provisions of subdivision one of this section shall not apply to a tobacco business, as defined in SUBDIVISION EIGHT OF section thir- teen hundred [ninety-nine-n] NINETY-NINE-AA of this [chapter] ARTICLE. S. 4007 158 A. 3007 § 16. Section 1399-mm-1 of the public health law, as added by section 1 of part EE of chapter 56 of the laws of 2020, is amended to read as follows: § 1399-mm-1. Sale of flavored products prohibited. 1. For the purposes of this section "flavored" shall mean any vapor OR TOBACCO product [intended or reasonably expected to be used with or for the consumption of nicotine,] with a [distinguishable] taste [or], aroma, OR SENSATION, DISTINGUISHABLE BY AN ORDINARY CONSUMER, other than the taste or aroma of tobacco, imparted either prior to or during consumption of such prod- uct or a component part thereof, including but not limited to tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, mint, wintergreen, menthol, herb or spice, or any concept flavor that imparts a taste or aroma that is distinguish- able from tobacco flavor but may not relate to any particular known flavor, OR A COOLING OR NUMBING SENSATION IMPARTED DURING CONSUMPTION OF A TOBACCO OR VAPOR PRODUCT. THIS SHALL NOT INCLUDE ANY PRODUCT APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION AS A DRUG OR MEDICAL DEVICE. A vapor OR TOBACCO product [intended or reasonably expected to be used with or for the consumption of nicotine,] shall be presumed to be flavored if a product's PACKAGING OR LABELING, OR IF THE PRODUCT'S retailer, manufacturer, or a manufacturer's agent or employee, has made a statement or claim directed to consumers or the public, whether expressed or implied, that such product or device has a [distinguish- able] taste [or], aroma, OR SENSATION, AS DISTINGUISHABLE BY THE ORDI- NARY CONSUMER, other than the taste [or], aroma, OR SENSATION of tobac- co. 2. No vapor products dealer, OR RETAIL DEALER, OR TOBACCO OR VAPOR SELLER, or any agent or employee of a vapor products dealer, RETAIL DEALER, OR A TOBACCO OR VAPOR SELLER, shall sell or offer for sale [at retail in the state], OR EXCHANGE OR OFFER FOR EXCHANGE, FOR ANY FORM OF CONSIDERATION, any flavored vapor OR TOBACCO product [intended or reasonably expected to be used with or for the consumption of nicotine], WHETHER THROUGH RETAIL OR WHOLESALE. 3. NO VAPOR PRODUCTS DEALER, RETAIL DEALER, OR TOBACCO OR VAPOR SELL- ER OR ANY AGENT OR EMPLOYEE OF A VAPOR PRODUCTS DEALER, RETAIL DEALER, OR TOBACCO OR VAPOR SELLER, ACTING IN THE CAPACITY THEREOF, SHALL KEEP IN INVENTORY, STORE, STOW, WAREHOUSE, PROCESS, PACKAGE, SHIP, OR DISTRIBUTE FLAVORED VAPOR OR TOBACCO PRODUCTS ANYWHERE IN, OR ADJACENT TO, A PLACE OF BUSINESS WHERE VAPOR OR TOBACCO PRODUCTS ARE SOLD, OFFERED FOR SALE, EXCHANGED, OR OFFERED FOR EXCHANGE, FOR ANY FORM OF CONSIDERATION, AT RETAIL. 4. Any vapor products dealer, RETAIL DEALER, OR TOBACCO OR VAPOR SELL- ER, or any agent or employee of a vapor products dealer, RETAIL DEALER, OR TOBACCO OR VAPOR SELLER, who violates the provisions of this section shall be subject to a civil penalty of not more than one hundred dollars for each individual package of flavored vapor OR TOBACCO product [intended or reasonably expected to be used with or for the consumption of nicotine sold or offered for sale, provided, however, that with respect to a manufacturer, it shall be an affirmative defense to a find- ing of violation pursuant to this section that such sale or offer of sale, as applicable, occurred without the knowledge, consent, authori- zation, or involvement, direct or indirect, of such manufacturer] SOLD OR OFFERED FOR SALE, OR EXCHANGED OR OFFERED FOR EXCHANGE, FOR ANY FORM OF CONSIDERATION, WHETHER THROUGH RETAIL OR WHOLESALE, OR KEPT IN INVEN- TORY, STORED, STOWED, WAREHOUSED, PROCESSED, PACKAGED, SHIPPED, OR DISTRIBUTED ANYWHERE IN, OR ADJACENT TO, A PLACE OF BUSINESS WHERE VAPOR S. 4007 159 A. 3007 OR TOBACCO PRODUCTS ARE SOLD, OFFERED FOR SALE, EXCHANGED, OR OFFERED FOR EXCHANGE, FOR ANY FORM OF CONSIDERATION, AT RETAIL. Violations OF THE PROVISIONS of this section shall be enforced pursuant to [section] SECTIONS thirteen hundred ninety-nine-ff AND THIRTEEN HUNDRED NINETY- NINE-EE of this article, [except that any] PROVIDED, HOWEVER, THAT VIOLATIONS OF THE PROVISIONS OF THIS SECTION MAY ALSO BE ENFORCED BY THE COMMISSIONER. ANY person may submit a complaint to an enforcement offi- cer that a violation of this section has occurred. [4. The provisions of this section shall not apply to any vapor products dealer, or any agent or employee of a vapor products dealer, who sells or offers for sale, or who possess with intent to sell or offer for sale, any flavored vapor product intended or reasonably expected to be used with or for the consumption of nicotine that the U.S. Food and Drug Administration has authorized to legally market as defined under 21 U.S.C. § 387j and that has received a premarket review approval order under 21 U.S.C. § 387j(c) et seq.] 5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PENALIZE THE PURCHASE, USE, OR POSSESSION OF A TOBACCO PRODUCT OR VAPOR PRODUCT BY ANY PERSON NOT ENGAGED AS A VAPOR PRODUCTS DEALER, RETAIL DEALER, TOBACCO OR VAPOR SELLER, OR ANY AGENT OR EMPLOYEE OF A VAPOR PRODUCTS DEALER, RETAIL DEALER, OR TOBACCO OR VAPOR SELLER. § 17. Subdivision 1 of section 1399-mm-2 of the public health law, as added by section 1 of part EE of chapter 56 of the laws of 2020, is amended to read as follows: 1. No tobacco product, herbal cigarette, or vapor product [intended or reasonably expected to be used with or for the consumption of nicotine,] shall be sold in a pharmacy or in a retail establishment that contains a pharmacy operated as a department as defined by paragraph f of subdivi- sion two of section sixty-eight hundred eight of the education law. Provided, however, that such prohibition on the sale of tobacco products, herbal cigarettes, or vapor products [intended or reasonably expected to be used with or for the consumption of nicotine,] shall not apply to any other business that owns or leases premises within any building or other facility that also contains a pharmacy or a retail establishment that contains a pharmacy operated as a department as defined by paragraph f of subdivision two of section sixty-eight hundred eight of the education law. § 18. Subdivision 1 of section 1399-mm-3 of the public health law, as added by section 1 of part EE of chapter 56 of the laws of 2020, is amended to read as follows: 1. For the purposes of this section "carrier oils" shall mean any ingredient of a vapor product intended to control the consistency or other physical characteristics of such vapor product, to control the consistency or other physical characteristics of vapor, or to facilitate the production of vapor when such vapor product is used in an electronic [cigarette] DEVICE. "Carrier oils" shall not include any product approved by the United States [food and drug administration] FOOD AND DRUG ADMINISTRATION as a drug or medical device or manufactured and dispensed pursuant to title five-A of article thirty-three of this chap- ter. § 19. This act shall take effect September 1, 2023. PART P Section 1. The public health law is amended by adding a new section 2825-h to read as follows: S. 4007 160 A. 3007 § 2825-H. HEALTH CARE FACILITY TRANSFORMATION PROGRAM: STATEWIDE V. 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 PRESIDENT OF 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 AGREEMENT, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE DIVISION OF THE BUDGET, FOR THE PURPOSES OF THE DISTRIBUTION AND ADMIN- ISTRATION OF AVAILABLE FUNDS PURSUANT TO SUCH AGREEMENT, AND MADE AVAIL- ABLE PURSUANT TO THIS SECTION AND APPROPRIATION. SUCH FUNDS MAY BE AWARDED AND DISTRIBUTED BY THE DEPARTMENT FOR GRANTS TO HEALTH CARE PROVIDERS INCLUDING BUT NOT LIMITED TO, HOSPITALS, RESIDENTIAL HEALTH CARE FACILITIES, ADULT CARE FACILITIES LICENSED UNDER TITLE TWO OF ARTI- CLE SEVEN OF THE SOCIAL SERVICES LAW, DIAGNOSTIC AND TREATMENT CENTERS LICENSED OR GRANTED AN OPERATING CERTIFICATE UNDER THIS CHAPTER, CLIN- ICS, INCLUDING BUT NOT LIMITED TO THOSE LICENSED OR GRANTED AN OPERATING CERTIFICATE UNDER THIS CHAPTER OR THE MENTAL HYGIENE LAW, CHILDREN'S RESIDENTIAL TREATMENT FACILITIES LICENSED UNDER ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW, ASSISTED LIVING PROGRAMS APPROVED BY THE DEPART- MENT PURSUANT TO SECTION FOUR HUNDRED SIXTY-ONE-L OF THE SOCIAL SERVICES LAW, BEHAVIORAL HEALTH FACILITIES LICENSED OR GRANTED AN OPERATING CERTIFICATE PURSUANT TO ARTICLES THIRTY-ONE AND THIRTY-TWO OF THE MENTAL HYGIENE LAW, HOME CARE PROVIDERS CERTIFIED OR LICENSED UNDER ARTICLE THIRTY-SIX OF THIS CHAPTER, PRIMARY CARE PROVIDERS, HOSPICES LICENSED OR GRANTED AN OPERATING CERTIFICATE PURSUANT TO ARTICLE FORTY OF THIS CHAP- TER, COMMUNITY-BASED PROGRAMS FUNDED UNDER THE OFFICE OF MENTAL HEALTH, THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, OR THROUGH LOCAL GOVERNMENTAL UNITS AS DEFINED UNDER ARTICLE FORTY-ONE OF THE MENTAL HYGIENE LAW, INDEPENDENT PRACTICE ASSOCIATIONS OR ORGANIZATIONS, AND RESIDENTIAL FACILITIES OR DAY PROGRAM FACILITIES LICENSED OR GRANTED AN OPERATING CERTIFICATE UNDER ARTICLE SIXTEEN OF THE MENTAL HYGIENE LAW. A COPY OF SUCH AGREE- MENT, 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 SECTION 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 FIVE HUNDRED MILLION DOLLARS OF THE FUNDS APPROPRI- ATED FOR THIS PROGRAM SHALL BE AWARDED, WITHOUT A COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS, FOR GRANTS TO HEALTH CARE PROVIDERS, AS DEFINED IN SUBDIVISION TWO OF THIS SECTION. AWARDS MADE PURSUANT TO THIS SUBDIVISION SHALL PROVIDE FUNDING ONLY FOR CAPITAL PROJECTS, TO THE EXTENT LAWFUL APPROPRIATION AND FUNDING IS AVAILABLE, TO BUILD INNOVA- TIVE, PATIENT-CENTERED MODELS OF CARE, INCREASE ACCESS TO CARE, TO IMPROVE THE QUALITY OF CARE AND TO ENSURE FINANCIAL SUSTAINABILITY OF HEALTH CARE PROVIDERS. S. 4007 161 A. 3007 4. NOTWITHSTANDING SECTION 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 FIVE HUNDRED MILLION DOLLARS OF THE FUNDS APPROPRI- ATED FOR THIS PROGRAM SHALL BE AWARDED, WITHOUT A COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS, FOR TECHNOLOGICAL AND TELEHEALTH TRANSFOR- MATION PROJECTS. 5. SELECTION OF AWARDS MADE BY THE DEPARTMENT PURSUANT TO SUBDIVISIONS THREE AND FOUR 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 THE HEALTH CARE PROVIDER AS DEFINED IN SUBDIVISION TWO OF THIS SECTION ACHIEVING CERTAIN PROCESS AND PERFORMANCE METRICS AND MILESTONES THAT ARE STRUCTURED TO ENSURE THAT THE GOALS OF THE PROJECT ARE ACHIEVED. 6. 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 HEALTH CARE PROVIDER AS DEFINED IN SUBDIVISION TWO OF THIS SECTION, 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 FIVE 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, 2023. PART Q Section 1. Subdivision 2 of section 365-a of the social services law is amended by adding new paragraph (kk) to read as follows: (KK) COMMUNITY HEALTH WORKER SERVICES FOR CHILDREN UNDER AGE TWENTY- ONE, AND FOR ADULTS WITH HEALTH-RELATED SOCIAL NEEDS, WHEN SUCH SERVICES ARE RECOMMENDED BY A PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER AUTHOR- IZED UNDER TITLE EIGHT OF THE EDUCATION LAW, AND PROVIDED BY QUALIFIED COMMUNITY HEALTH WORKERS, 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 FINANCIAL PARTICIPATION IN THE COSTS OF HEALTH CARE 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. Clause (C) of subparagraph (ii) of paragraph (f) of subdivision 2-a of section 2807 of the public health law, as amended by section 43 of part B of chapter 58 of the laws of 2010, is amended to read as follows: (C) [individual psychotherapy] services provided by licensed social workers, LICENSED MENTAL HEALTH COUNSELORS AND LICENSED MARRIAGE AND FAMILY THERAPISTS, in accordance with licensing criteria set forth in applicable regulations[, to persons under the age of twenty-one and to persons requiring such services as a result of or related to pregnancy or giving birth]; and § 3. This act shall take effect January 1, 2024. S. 4007 162 A. 3007 PART R Section 1. Subdivision 2 of section 365-a of the social services law is amended by adding two new paragraphs (kk) and (ll) to read as follows: (KK) CARE AND SERVICES OF NUTRITIONISTS AND DIETITIANS CERTIFIED PURSUANT TO ARTICLE ONE HUNDRED FIFTY-SEVEN OF THE EDUCATION LAW ACTING WITHIN THEIR SCOPE OF PRACTICE. (LL) ARTHRITIS SELF-MANAGEMENT TRAINING SERVICES FOR PERSONS DIAGNOSED WITH OSTEOARTHRITIS WHEN SUCH SERVICES ARE ORDERED BY A PHYSICIAN, REGISTERED PHYSICIAN'S ASSISTANT, REGISTERED NURSE PRACTITIONER, OR LICENSED MIDWIFE AND PROVIDED BY QUALIFIED EDUCATORS, AS DETERMINED BY THE COMMISSIONER OF HEALTH, PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY UNLESS ALL NECESSARY APPROVALS UNDER FEDERAL LAW AND REGULATION HAVE BEEN OBTAINED TO RECEIVE FEDERAL FINAN- CIAL PARTICIPATION IN THE COSTS OF HEALTH CARE SERVICES PROVIDED PURSU- ANT 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. Clause (A) of subparagraph (ii) of paragraph (f) of subdivision 2-a of section 2807 of the public health law, as amended by section 43 of part B of chapter 58 of the laws of 2010, is amended to read as follows: (A) services provided in accordance with the provisions of paragraphs (q) [and], (r), AND (LL) of subdivision two of section three hundred sixty-five-a of the social services law; and § 3. This act shall take effect July 1, 2023; provided, however, that paragraph (ll) of subdivision 2 of section 365-a of the social services law added by section one of this act and section two of this act, shall take effect October 1, 2023. PART S Section 1. 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, burns, respiratory, circulatory and obstetrical emergencies] A COORDI- NATED SYSTEM OF HEALTHCARE DELIVERY THAT RESPONDS TO THE NEEDS OF SICK AND INJURED ADULTS AND CHILDREN, BY PROVIDING: ESSENTIAL CARE AT THE SCENE OF AN EMERGENCY, NON-EMERGENCY, SPECIALTY NEED OR PUBLIC EVENT; COMMUNITY EDUCATION AND PREVENTION PROGRAMS; MOBILE INTEGRATED HEALTH- CARE PROGRAMS; GROUND AND AIR AMBULANCE SERVICES; CENTRALIZED ACCESS AND EMERGENCY MEDICAL DISPATCH; TRAINING FOR EMERGENCY MEDICAL SERVICES PRACTITIONERS; MEDICAL FIRST RESPONSE; MOBILE TRAUMA CARE SYSTEMS; MASS CASUALTY MANAGEMENT; MEDICAL DIRECTION; OR QUALITY CONTROL AND SYSTEM EVALUATION PROCEDURES. § 2. 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 AND ASSIST 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. THIS SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THE RECOMMENDATION, PERIODIC REVISION, AND APPLICATION OF RULES AND REGULATIONS, APPROPRIATENESS S. 4007 163 A. 3007 REVIEW STANDARDS, TREATMENT PROTOCOLS, WORKFORCE DEVELOPMENT, AND QUALI- TY IMPROVEMENT STANDARDS. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL SHALL MEET AT LEAST THREE TIMES PER YEAR OR MORE FREQUENTLY AT THE REQUEST OF THE CHAIRPERSON OR DEPARTMENT AND APPROVED BY THE COMMISSION- ER. § 2-a. Subdivision 1 of section 3002-a of the public health law, as amended by chapter 567 of the laws of 2011, is amended to read as follows: 1. There shall be a state emergency medical advisory committee of the state emergency medical services council consisting of thirty-one members. Twenty-three members shall be physicians appointed by the commissioner, including one [nominated by] MEMBER FROM each regional emergency medical services council, an additional physician from the city of New York, one pediatrician, one trauma surgeon, one [psychia- trist] PHYSICIAN AT LARGE and the chairperson. Each of the physicians shall have demonstrated knowledge and experience in emergency medical services. There shall be eight non-physician non-voting members appointed by the chairperson of the state council, at least five of whom shall be members of the state emergency medical services council at the time of their appointment. At least one of the eight shall be an emer- gency nurse, at least one shall be an advanced emergency medical techni- cian, at least one shall be a basic emergency medical technician, and at least one shall be employed in a hospital setting with administrative responsibility for a hospital emergency department or service. § 3. 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 AND DEPARTMENT ON SUCH ISSUES AS THE STATE EMERGENCY MEDICAL SERVICES COUNCIL OR DEPARTMENT MAY REQUIRE, RELATED TO THE PROVISION OF EMERGENCY MEDICAL SERVICE, SPECIAL- TY CARE, DESIGNATED FACILITY CARE, AND DISASTER MEDICAL CARE, AND SHALL CARRY OUT DUTIES TO ASSIST IN THE REGIONAL COORDINATION OF SUCH, AS OUTLINED BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL WITH APPROVAL OF THE DEPARTMENT. § 4. The public health law is amended by adding a new section 3004 to read as follows: § 3004. EMERGENCY MEDICAL SERVICES SYSTEM AND AGENCY PERFORMANCE STAN- DARDS. 1. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, IN COLLABORATION AND WITH FINAL APPROVAL OF THE DEPARTMENT, SHALL CREATE AN EMERGENCY MEDICAL SERVICES SYSTEM AND AGENCY PERFORMANCE STANDARDS (HEREINAFTER REFERRED TO AS "PERFORMANCE STANDARDS") FOR THE PURPOSE OF SUSTAINING AND EVOLVING A RELIABLE EMERGENCY MEDICAL SERVICES SYSTEM INCLUDING BUT NOT LIMITED TO EMERGENCY MEDICAL SERVICES AGENCIES AND ANY FACILITY OR AGENCY THAT DISPATCHES OR ACCEPTS EMERGENCY MEDICAL SERVICES RESOURCES. 2. THE PERFORMANCE STANDARDS MAY INCLUDE BUT SHALL NOT BE LIMITED TO: SAFETY INITIATIVES, EMERGENCY VEHICLE OPERATIONS, OPERATIONAL COMPETEN- CIES, PLANNING, TRAINING, ONBOARDING, WORKFORCE DEVELOPMENT AND ENGAGE- MENT, SURVEY RESPONSES, LEADERSHIP AND OTHER STANDARDS AND METRICS AS DETERMINED BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, WITH APPROVAL OF THE DEPARTMENT, TO PROMOTE POSITIVE PATIENT OUTCOMES, SAFE- TY, PROVIDER RETENTION AND EMERGENCY MEDICAL SERVICES SYSTEM SUSTAINA- BILITY THROUGHOUT THE STATE. 3. THE PERFORMANCE STANDARDS SHALL REQUIRE EACH EMERGENCY MEDICAL SERVICES AGENCY, DISPATCH AGENCY OR FACILITY THAT ACCEPTS EMERGENCY MEDICAL SERVICES RESOURCES TO PERFORM REGULAR AND PERIODIC REVIEW OF THE PERFORMANCE STANDARDS AND ITS METRICS, PERFORM SURVEYS, IDENTIFICATION S. 4007 164 A. 3007 OF AGENCY DEFICIENCIES AND STRENGTHS, DEVELOPMENT OF PROGRAMS TO IMPROVE AGENCY METRICS, STRENGTHEN SYSTEM SUSTAINABILITY AND OPERATIONS, AND IMPROVE THE DELIVERY OF PATIENT CARE. 4. THE DEPARTMENT, AFTER CONSULTATION WITH THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, MAY CONTRACT FOR SERVICES WITH SUBJECT MATTER EXPERTS TO ASSIST IN THE OVERSIGHT OF THE PERFORMANCE STANDARDS STATEWIDE. 5. EMERGENCY MEDICAL SERVICES AGENCIES THAT DO NOT MEET THE PERFORM- ANCE STANDARDS SET FORTH IN THIS SECTION MAY BE SUBJECT TO ENFORCEMENT ACTIONS, INCLUDING BUT NOT LIMITED TO REVOCATION, SUSPENSION, PERFORM- ANCE IMPROVEMENT PLANS, OR RESTRICTION FROM SPECIFIC TYPES OF RESPONSE INCLUDING BUT NOT LIMITED TO SUSPENSION OF ABILITY TO RESPOND TO REQUESTS FOR EMERGENCY MEDICAL ASSISTANCE OR TO PERFORM EMERGENCY MEDICAL SERVICES. § 5. The public health law is amended by adding a new section 3018 to read as follows: § 3018. STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SERVICE SYSTEM PLAN. 1. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, IN COLLABORATION AND WITH FINAL APPROVAL OF THE DEPARTMENT, SHALL DEVELOP AND MAINTAIN A STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SERVICE SYSTEM PLAN THAT SHALL PROVIDE FOR A COORDINATED EMERGENCY MEDICAL SERVICES SYSTEM IN NEW YORK STATE, INCLUDING BUT NOT LIMITED TO: (A) ESTABLISHING A COMPREHENSIVE STATEWIDE EMERGENCY MEDICAL SERVICE SYSTEM, CONSISTING OF FACILITIES, TRANSPORTATION, WORKFORCE, COMMUNI- CATIONS, AND OTHER COMPONENTS, TO IMPROVE THE DELIVERY OF EMERGENCY MEDICAL SERVICES AND THEREBY DECREASE MORBIDITY, HOSPITALIZATION, DISA- BILITY, 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, AND PRIMARY MEDICAL CARE WILL BE SERVED 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 SERVICE 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 SERVICE SYSTEM PLAN OR ADOPT THE STATEWIDE COMPREHENSIVE EMERGENCY MEDICAL SERVICE SYSTEM PLAN, TO PROVIDE FOR A COORDINATED EMERGENCY MEDICAL SERVICE SYSTEM WITHIN THE REGION. SUCH PLANS SHALL BE WRITTEN IN A FORMAT APPROVED BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL. FURTHER, SUCH PLANS SHALL BE SUBJECT TO REVIEW AND APPROVAL BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL AND FINAL APPROVAL BY THE DEPARTMENT. 4. EACH COUNTY SHALL DEVELOP AND MAINTAIN A COMPREHENSIVE COUNTY EMER- GENCY MEDICAL SERVICE SYSTEM PLAN THAT SHALL PROVIDE FOR A COORDINATED EMERGENCY MEDICAL SERVICE SYSTEM WITHIN THE COUNTY, TO PROVIDE ESSENTIAL EMERGENCY MEDICAL SERVICES FOR ALL RESIDENTS WITHIN THE COUNTY. SUCH PLAN SHALL BE WRITTEN IN A FORMAT APPROVED BY THE STATE EMERGENCY S. 4007 165 A. 3007 MEDICAL SERVICES COUNCIL. THE COUNTY OFFICE OF EMERGENCY MEDICAL SERVICES SHALL BE RESPONSIBLE FOR THE DEVELOPMENT, IMPLEMENTATION, AND MAINTENANCE OF THE COMPREHENSIVE COUNTY EMERGENCY MEDICAL SERVICE SYSTEM PLAN. SUCH PLANS, AS DETERMINED BY THE DEPARTMENT AND THE STATE EMER- GENCY MEDICAL SERVICES COUNCIL, MAY REQUIRE REVIEW AND APPROVAL BY THE REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL, THE STATE EMERGENCY MEDICAL SERVICES COUNCIL AND THE DEPARTMENT. SUCH PLAN SHALL OUTLINE THE PRIMARY RESPONDING EMERGENCY MEDICAL SERVICES AGENCY FOR REQUESTS FOR SERVICE FOR EACH PART OF THE COUNTY. § 6. The public health law is amended by adding a new section 3019 to read as follows: § 3019. EMERGENCY MEDICAL SERVICE TRAINING PROGRAMS. 1. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL SHALL MAKE RECOMMENDATIONS TO THE DEPARTMENT FOR THE DEPARTMENT TO IMPLEMENT STANDARDS RELATED TO THE ESTABLISHMENT OF TRAINING PROGRAMS FOR EMERGENCY MEDICAL SERVICE SYSTEMS THAT INCLUDES BUT IS NOT LIMITED TO STUDENTS, EMERGENCY MEDICAL SERVICE PRACTITIONERS, EMERGENCY MEDICAL SERVICES AGENCIES, APPROVED EDUCATIONAL INSTITUTIONS, GEOGRAPHIC AREAS, FACILITIES, AND PERSONNEL, AND THE COMMISSIONER SHALL FUND SUCH TRAINING PROGRAMS IN FULL OR IN PART BASED ON STATE APPROPRIATIONS. UNTIL SUCH TIME AS THE DEPARTMENT ANNOUNCES THE STANDARDS FOR TRAINING PROGRAMS PURSUANT TO THIS SECTION, ALL CURRENT STANDARDS, CURRICULUMS, AND REQUIREMENTS FOR STUDENTS, EMERGENCY MEDICAL SERVICE PRACTITIONERS, AGENCIES, FACILITIES, AND PERSONNEL SHALL REMAIN IN EFFECT. 2. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, WITH FINAL APPROVAL OF THE DEPARTMENT, SHALL ESTABLISH MINIMUM EDUCATION STANDARDS, CURRIC- ULUMS, PERFORMANCE METRICS AND REQUIREMENTS FOR ALL EMERGENCY MEDICAL SYSTEM EDUCATIONAL INSTITUTIONS. NO PERSON OR EDUCATIONAL INSTITUTION SHALL PROFESS TO PROVIDE EMERGENCY MEDICAL SERVICES TRAINING WITHOUT MEETING THE REQUIREMENTS SET FORTH IN REGULATION AND ONLY AFTER APPROVAL OF THE DEPARTMENT AND IN THE GEOGRAPHICAL AREA DETERMINED BY THE DEPART- MENT. 3. THE DEPARTMENT IS AUTHORIZED TO PROVIDE, EITHER DIRECTLY OR THROUGH CONTRACT, FOR LOCAL OR STATEWIDE INITIATIVES, EMERGENCY MEDICAL SYSTEM TRAINING FOR EMERGENCY MEDICAL SERVICE PRACTITIONERS AND EMERGENCY MEDICAL SERVICES AGENCY PERSONNEL, USING FUNDING INCLUDING BUT NOT LIMITED TO ALLOCATIONS TO AID TO LOCALITIES FOR EMERGENCY MEDICAL SERVICES TRAINING. 4. THE DEPARTMENT MAY VISIT AND INSPECT ANY EMERGENCY MEDICAL SYSTEM TRAINING PROGRAM OR TRAINING CENTER OPERATING UNDER THIS ARTICLE TO ENSURE COMPLIANCE WITH ALL APPLICABLE REGULATIONS AND STANDARDS. THE DEPARTMENT MAY REQUEST THE STATE OR REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL'S ASSISTANCE TO ENSURE THE COMPLIANCE, MAINTENANCE, AND COORDI- NATION OF TRAINING PROGRAMS. THE DEPARTMENT, IN CONSULTATION WITH THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, MAY SET STANDARDS AND REGU- LATIONS FOR EMERGENCY MEDICAL SERVICES EDUCATIONAL INSTITUTIONS. EMER- GENCY MEDICAL SERVICES EDUCATIONAL INSTITUTIONS THAT FAIL TO MEET APPLI- CABLE STANDARDS AND REGULATIONS MAY BE SUBJECT TO ENFORCEMENT ACTION, INCLUDING BUT NOT LIMITED TO REVOCATION, SUSPENSION, PERFORMANCE IMPROVEMENT PLANS, OR RESTRICTION FROM SPECIFIC TYPES OF EDUCATION. 5. STUDENTS OF AN EMERGENCY MEDICAL SERVICES EDUCATIONAL INSTITUTION AUTHORIZED PURSUANT TO THIS SECTION, SHALL BE CONSIDERED EMERGENCY MEDICAL SERVICES STUDENTS AND SUBJECT TO THE STANDARDS ESTABLISHED IN THIS ARTICLE, REGULATIONS PROMULGATED PURSUANT TO THIS ARTICLE AND ALL APPLICABLE STANDARDS, AS IF THEY WERE A LICENSED EMERGENCY MEDICAL SERVICES PRACTITIONER AND MAY BE SUBJECT TO ENFORCEMENT ACTION AS SUCH. S. 4007 166 A. 3007 § 7. Section 3012 of the public health law is amended by adding a new subdivision 5 to read as follows: 5. IT SHALL BE A VIOLATION OF THIS CHAPTER, SUBJECT TO CIVIL PENAL- TIES, FOR ANY PERSON TO HOLD THEMSELVES OUT AS AN EMERGENCY MEDICAL SERVICES PRACTITIONER WHO IS NOT DESIGNATED BY THE DEPARTMENT PURSUANT TO THIS ARTICLE OR OTHERWISE LAWFULLY AUTHORIZED, TO PROVIDE EMERGENCY MEDICAL SERVICES, OR TO ATTEMPT TO BECOME AN EMERGENCY MEDICAL PRACTI- TIONER IN AN UNLAWFUL OR UNETHICAL MANNER. § 8. The public health law is amended by adding a new section 3020 to read as follows: § 3020. RECRUITMENT AND RETENTION. 1. THE COMMISSIONER SHALL ESTAB- LISH AND FUND WITHIN AMOUNTS APPROPRIATED, A PUBLIC SERVICE CAMPAIGN TO RECRUIT ADDITIONAL PERSONNEL INTO THE EMERGENCY MEDICAL SYSTEM FIELDS. 2. THE COMMISSIONER SHALL ESTABLISH AND FUND WITHIN AMOUNTS APPROPRI- ATED AN EMERGENCY MEDICAL SYSTEM MENTAL HEALTH AND WELLNESS PROGRAM THAT PROVIDES RESOURCES TO EMERGENCY MEDICAL SERVICE PRACTITIONERS. 3. THE COMMISSIONER MAY ESTABLISH IN REGULATION STANDARDS FOR THE LICENSURE OF EMERGENCY MEDICAL SERVICES PRACTITIONERS BY THE DEPARTMENT OF HEALTH. 4. THE DEPARTMENT, WITH THE APPROVAL OF THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, MAY CREATE OR ADOPT ADDITIONAL STANDARDS, TRAINING, AND CRITERIA TO BECOME AN EMERGENCY MEDICAL SERVICE PRACTITIONER CREDEN- TIALED TO PROVIDE SPECIALIZED, ADVANCED, OR OTHER SERVICES THAT FURTHER SUPPORT OR ADVANCE THE EMERGENCY MEDICAL SYSTEM. THE DEPARTMENT, WITH APPROVAL OF THE STATE EMERGENCY MEDICAL SERVICES COUNCIL MAY ALSO SET STANDARDS AND REQUIREMENTS TO REQUIRE SPECIALIZED CREDENTIALS TO PERFORM CERTAIN FUNCTIONS IN THE EMERGENCY MEDICAL SERVICES SYSTEM. 5. THE DEPARTMENT, WITH APPROVAL OF THE STATE EMERGENCY MEDICAL SERVICES COUNCIL MAY ALSO SET STANDARDS FOR EMERGENCY MEDICAL SYSTEM AGENCIES TO BECOME ACCREDITED IN A SPECIFIC AREA TO INCREASE SYSTEM PERFORMANCE AND AGENCY RECOGNITION. § 9. Section 3008 of the public health law is REPEALED and a new section 3008 is added to read as follows: § 3008. APPLICATIONS FOR NEW OR MODIFIED OPERATING AUTHORITY. 1. EVERY APPLICATION FOR NEW OR MODIFIED OPERATING AUTHORITY SHALL BE MADE IN WRITING TO THE STATE EMERGENCY MEDICAL SERVICES COUNCIL AND SHALL SPECI- FY THE PRIMARY TERRITORY WITHIN WHICH THE APPLICANT REQUESTS TO OPERATE, BE VERIFIED UNDER OATH, AND SHALL BE IN SUCH FORM AND CONTAIN SUCH INFORMATION AS REQUIRED BY THE RULES AND REGULATIONS PROMULGATED PURSU- ANT TO THIS ARTICLE. 2. NOTICE OF THE APPLICATION SHALL BE FORWARDED TO THE APPROPRIATE REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL. 3. ALL DETERMINATIONS OF NEW OR MODIFIED OPERATING AUTHORITY SHALL BE MADE BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL AND SHALL BE CONSISTENT WITH THE STATE EMERGENCY MEDICAL SYSTEM PLAN, ONCE ESTAB- LISHED PURSUANT TO SECTION THREE THOUSAND EIGHTEEN OF THIS ARTICLE. THE DEPARTMENT MAY PROMULGATE REGULATIONS TO PROVIDE FOR STANDARDS FOR EVAL- UATION OF NEW OR MODIFIED OPERATING AUTHORITY, AND THE PROCESS FOR DETERMINATION OF OPERATING AUTHORITY SHALL BE APPROVED BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL AND CARRIED OUT THEREAFTER. 4. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL MAY CREATE A NEW COMMITTEE TO HEAR AND MAKE DETERMINATIONS ON ALL REQUESTS FOR NEW OR MODIFIED OPERATING AUTHORITY. SUCH COMMITTEE SHALL BE COMPRISED OF ONE STATE EMERGENCY MEDICAL COUNCIL MEMBER FROM EACH REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL. S. 4007 167 A. 3007 5. IF THE STATE EMERGENCY MEDICAL SERVICES COUNCIL PROPOSES TO DISAP- PROVE AN APPLICATION UNDER THIS SECTION, IT SHALL AFFORD THE APPLICANT AN OPPORTUNITY TO REQUEST A PUBLIC HEARING. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL MAY HOLD A PUBLIC HEARING ON THE APPLICATION ON ITS OWN MOTION. ANY PUBLIC HEARING HELD PURSUANT TO THIS SUBDIVISION MAY BE CONDUCTED BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, OR BY ANY INDIVIDUAL DESIGNATED BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL. 6. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND THREE OF THIS SECTION, DURING AN EMERGENCY THE COMMISSIONER MAY WAIVE THE REQUIREMENT FOR A DETERMINATION OF OPERATING AUTHORITY AND ISSUE A TEMPORARY EMERGENCY MEDICAL SYSTEM AGENCY CERTIFICATE. 7. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND THREE OF THIS SECTION, THE COMMISSIONER MAY WAIVE THE REQUIREMENT FOR A DETERMI- NATION OF OPERATING AUTHORITY AND ISSUE A MUNICIPALITY, SPECIAL TAXING DISTRICT, GOVERNMENT AGENCY OR NATIVE AMERICAN TRIBAL COUNCIL, AN EMER- GENCY MEDICAL SYSTEM AGENCY CERTIFICATE, PROVIDED THE ISSUANCE OF SUCH CERTIFICATE IS FINANCIALLY SUPPORTED BY THE MUNICIPALITY, SPECIAL TAXING DISTRICT, GOVERNMENT AGENCY OR NATIVE AMERICAN TRIBAL COUNCIL. § 10. Section 3032 of the public health law is REPEALED. § 11. The public health law is amended by adding six new sections 3032, 3033, 3034, 3035, 3036 and 3037 to read as follows: § 3032. MOBILE INTEGRATED HEALTHCARE. 1. "MOBILE INTEGRATED HEALTH- CARE" MEANS THE PROVISION OF PATIENT-CENTERED MOBILE RESOURCES WHICH INCLUDES A WELL-ORGANIZED SYSTEM OF SERVICES TO ADDRESS HEALTHCARE GAPS AND DECREASE DEMAND ON PORTIONS OF THE HEALTHCARE SYSTEM IDENTIFIED BY A COMMUNITY NEEDS ASSESSMENT, INTEGRATED INTO THE LOCAL HEALTHCARE SYSTEM WORKING IN A COLLABORATIVE MANNER AS A PATIENT CARE TEAM THAT MAY INCLUDE, BUT NOT LIMITED TO, PHYSICIANS, MID-LEVEL PRACTITIONERS, NURS- ES, HOME CARE AGENCIES, EMERGENCY MEDICAL SERVICES PRACTITIONERS, EMER- GENCY MEDICAL SERVICES AGENCIES AND OTHER COMMUNITY HEALTH TEAM COLLEAGUES, TO MEET THE NEEDS OF THE COMMUNITY. 2. EMERGENCY MEDICAL SERVICE AGENCIES MAY ESTABLISH A MOBILE INTE- GRATED HEALTHCARE PROGRAM, PROVIDED THEY MEET ALL STANDARDS ESTABLISHED BY THE DEPARTMENT, THAT THE DELIVERY OF SUCH SERVICES IN FULL OR IN PART WILL NOT DECREASE THE AGENCY'S ABILITY TO RESPOND TO REQUESTS FOR EMER- GENCY ASSISTANCE AND THE AGENCY RECEIVES EXPRESS APPROVAL FROM THE DEPARTMENT. THE DEPARTMENT MAY REVOKE OR SUSPEND AN EMERGENCY MEDICAL SERVICE AGENCY'S APPROVAL TO PROVIDE A MOBILE INTEGRATED HEALTHCARE PROGRAM IF THE DEPARTMENT FINDS THAT ONE OR MORE STANDARDS ESTABLISHED BY THE DEPARTMENT HAVE NOT BEEN MET. THE DEPARTMENT, IN COLLABORATION WITH THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, SHALL ESTABLISH CRITERIA AND STANDARDS FOR THE OPERATION OF MOBILE INTEGRATED HEALTHCARE PROGRAMS AND MOBILE INTEGRATED HEALTHCARE PROGRAMS SHALL ADHERE TO SUCH CRITERIA AND STANDARDS. 3. NOTWITHSTANDING SECTIONS SIXTY-FIVE HUNDRED TWENTY-ONE AND SIXTY- NINE HUNDRED TWO OF THE EDUCATION LAW, AN EMERGENCY MEDICAL SERVICES PRACTITIONER, LICENSED PURSUANT TO THIS ARTICLE, SHALL BE AUTHORIZED TO ADMINISTER IMMUNIZATIONS PURSUANT TO A PATIENT SPECIFIC OR NON-PATIENT SPECIFIC STANDING REGIMEN ORDERED BY A LICENSED PHYSICIAN AND PURSUANT TO PROTOCOLS ADOPTED BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL AND ANY STANDARDS ESTABLISHED BY THE DEPARTMENT. 4. NOTWITHSTANDING SECTIONS SIXTY-FIVE HUNDRED TWENTY-ONE AND SIXTY- NINE HUNDRED TWO OF THE EDUCATION LAW, AN EMERGENCY MEDICAL SERVICES PRACTITIONER, LICENSED PURSUANT TO THIS ARTICLE, MAY BE AUTHORIZED BY THE DEPARTMENT TO ADMINISTER BUPRENORPHINE PURSUANT TO A NON-PATIENT SPECIFIC STANDING REGIMEN ORDERED BY A LICENSED PHYSICIAN AND PURSUANT S. 4007 168 A. 3007 TO PROTOCOLS ADOPTED BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL AND ANY STANDARDS ESTABLISHED BY THE DEPARTMENT. § 3033. REGIONAL EMERGENCY MEDICAL SERVICE DISTRICT. 1. A "REGIONAL EMERGENCY MEDICAL SERVICE DISTRICT" MEANS A SPECIAL DISTRICT AS DEFINED IN SUBDIVISION SIXTEEN OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW CREATED FOR THE PURPOSE OF ENSURING THE ESSENTIAL SERVICES OF EMERGENCY MEDICAL CARE, COORDINATING THE EMERGENCY MEDICAL SYSTEM WITHIN THE DISTRICT AND PROVIDING WHEN NEEDED EMERGENCY MEDICAL SERVICES ON A REGIONAL BASIS EITHER DIRECTLY OR THROUGH CONTRACT WITH BUT NOT LIMITED TO TOWNS, COUNTIES, MUNICIPALITIES, LICENSED AMBULANCE AND FIRST RESPONSE AGENCIES, AIR MEDICAL PROVIDERS AND OTHERS AS DETERMINED BY THE DISTRICT COUNCIL. THERE SHALL BE TEN REGIONAL SERVICE DISTRICTS WHICH WILL CORRESPOND TO ECONOMIC DEVELOPMENT REGIONS AS ESTABLISHED IN SECTION TWO HUNDRED THIRTY OF THE ECONOMIC DEVELOPMENT LAW THAT ARE ESTABLISHED IN ALL AREAS OF THE STATE AND OPERATE UNDER THE DIRECTION OF THE DEPARTMENT. 2. A GROUP OF FIVE EMERGENCY MEDICAL SERVICE PROVIDERS IN EACH REGION, WITH NOMINATIONS MADE FROM ANYONE IN THE DISTRICT AND APPOINTMENT BY THE COMMISSIONER, SHALL ACT AS A COUNCIL TO DIRECT THE OPERATIONS OF THE EMERGENCY MEDICAL SERVICES SYSTEM IN THEIR REGION. NO LESS THAN ONE MEMBER OF THE COUNCIL SHALL BE A LICENSED PHYSICIAN WHO IS BOARD CERTI- FIED IN EMERGENCY MEDICINE OR EMERGENCY MEDICAL SERVICES AND HAS EXPERI- ENCE WORKING WITH EMERGENCY MEDICAL SERVICES ORGANIZATIONS, UNLESS OTHERWISE DETERMINED BY THE COMMISSIONER. THE DEPARTMENT SHALL ESTABLISH TERM LIMITS IN REGULATION. 3. AN EMERGENCY MEDICAL SERVICE PRACTITIONER, NOMINATED BY THE REGIONAL EMERGENCY MEDICAL SERVICE DISTRICT COUNCIL AND APPOINTED BY THE COMMISSIONER, SHALL BE THE REGIONAL EMERGENCY MEDICAL SERVICE DISTRICT DIRECTOR AND SHALL BE CHARGED WITH CARRYING OUT THE ADMINISTRATION OF THE REGIONAL EMERGENCY MEDICAL SERVICE DISTRICT WHEN THE COUNCIL IS NOT IN SESSION. 4. A PHYSICIAN BOARD CERTIFIED IN EMERGENCY MEDICINE OR EMERGENCY MEDICAL SERVICES AND WHO HAS EXPERIENCE WORKING WITH EMERGENCY MEDICAL SERVICES ORGANIZATIONS, NOMINATED BY THE REGIONAL EMERGENCY MEDICAL SERVICE DISTRICT COUNCIL AND APPOINTED BY THE COMMISSIONER, SHALL BE THE REGIONAL EMERGENCY MEDICAL SERVICES MEDICAL DIRECTOR. THE REGIONAL EMER- GENCY MEDICAL SERVICES MEDICAL DIRECTOR SHALL REPORT TO THE DISTRICT DIRECTOR OR THEIR DESIGNEE, AND SHALL BE CHARGED WITH PROVIDING MEDICAL DIRECTION OVERSIGHT AND QUALITY ASSURANCE TO THE REGIONAL EMERGENCY MEDICAL SERVICE DISTRICT. 5. THE REGIONAL EMERGENCY MEDICAL SERVICES DISTRICTS SHALL OPERATE UNDER THE DIRECTION AND OVERSIGHT OF THE DEPARTMENT TO ENSURE THE EMER- GENCY MEDICAL SERVICES SYSTEM IS RELIABLE, SUSTAINABLE AND PROVIDES QUALITY CARE TO THE RESIDENTS, COMMUTERS AND VISITORS OF THE DISTRICT. § 3034. STATE EMERGENCY MEDICAL SERVICES TASK FORCE. 1. THE DEPARTMENT SHALL DEVELOP A STATE EMERGENCY MEDICAL SERVICES (EMS) TASK FORCE, OPER- ATED BY THE DEPARTMENT, THAT MAY COORDINATE AND OPERATE RESOURCES THAT ARE NEEDED AROUND THE STATE IN SITUATIONS SUCH AS BUT NOT LIMITED TO A DISASTER, LARGE EVENT, SPECIALIZED RESPONSE, COMMUNITY NEED, OR OTHER NEED AS DETERMINED BY THE COMMISSIONER. 2. THE STATE EMS TASK FORCE SHALL BE MADE UP OF NON-GOVERNMENT AND GOVERNMENT AGENCIES, THAT ARE LICENSED TO PROVIDE EMERGENCY MEDICAL SERVICES IN THE STATE INCLUDING BUT NOT LIMITED TO COMMERCIAL AGENCIES, NONPROFITS, FIRE DEPARTMENTS AND THIRD SERVICES. 3. THE DEPARTMENT WILL ALLOCATE FUNDS TO EFFECTUATE THE DELIVERY OF THE STATE EMS TASK FORCE THAT WILL ALLOW FOR CONTRACTING WITH LICENSED S. 4007 169 A. 3007 EMERGENCY MEDICAL SERVICES AGENCIES, THE PURCHASE OF SPECIALIZED RESPONSE EQUIPMENT, STAFF TO CARRY OUT THE DAILY FUNCTIONS OF THE STATE EMS TASK FORCE EITHER DIRECTLY OR BY CONTRACT AND OTHER FUNCTIONS AS DETERMINED BY THE DEPARTMENT. 4. THE STATE EMERGENCY MEDICAL SERVICES COUNCIL SHALL MAKE RECOMMENDA- TIONS TO THE DEPARTMENT TO EFFECTUATE THE DEVELOPMENT AND DELIVERY OF CARE BY THE STATE EMS TASK FORCE. 5. THE STATE EMS TASK FORCE SHALL HAVE THE AUTHORITY TO OPERATE THROUGHOUT NEW YORK STATE OR OUTSIDE OF THE STATE WITH PRIOR PERMISSION OF THE COMMISSIONER. NOTWITHSTANDING ANY LAW TO THE CONTRARY, CONTRACTS LET BY THE STATE EMS TASK FORCE SHALL BE EXEMPT FROM SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW. § 3035. DEMONSTRATION PROJECTS. THE DEPARTMENT, IN CONSULTATION WITH THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, MAY ALLOW DEMONSTRATION PROJECTS RELATED TO THE EMERGENCY MEDICAL SYSTEM. SUCH DEMONSTRATION PROJECTS MAY ALLOW FOR WAIVERS OF CERTAIN PARTS OF THIS ARTICLE, ARTICLE THIRTY-A OF THIS CHAPTER, AND APPLICABLE REGULATIONS, PROVIDED THE DEMONSTRATION PROJECT MEETS ANY APPLICABLE STANDARDS SET FORTH BY THE DEPARTMENT. § 3036. EMERGENCY MEDICAL SYSTEM SUPPORT SERVICES. THE COMMISSIONER MAY PROMULGATE REGULATIONS, WITH THE APPROVAL OF THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, TO SET STANDARDS AND CRITERIA FOR BASIC LIFE SUPPORT FIRST RESPONSE AGENCIES, EMERGENCY MEDICAL DISPATCH, AND SPECIAL EVENT SERVICES, TO STRENGTHEN THE EMERGENCY MEDICAL SERVICE SYSTEM. THESE ORGANIZATIONS SHALL NOT BE REQUIRED TO MEET THE STANDARDS SET FOR DETERMINATION OF OPERATING AUTHORITY AS OUTLINED IN SECTION THREE THOU- SAND EIGHT OF THIS ARTICLE UNLESS OTHERWISE DETERMINED BY THE STATE EMERGENCY MEDICAL SERVICES COUNCIL AND APPROVED BY THE DEPARTMENT. § 3037. RULES AND REGULATIONS. THE COMMISSIONER, UPON APPROVAL OF THE STATE EMERGENCY MEDICAL SERVICES COUNCIL, MAY PROMULGATE RULES AND REGU- LATIONS TO EFFECTUATE THE PURPOSES OF THIS ARTICLE. § 12. Section 6909 of the education law is amended by adding a new subdivision 11 to read as follows: 11. A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER A NON-PA- TIENT SPECIFIC REGIMEN TO AN EMERGENCY MEDICAL SERVICES PRACTITIONER LICENSED BY THE DEPARTMENT OF HEALTH PURSUANT TO ARTICLE THIRTY OF THE PUBLIC HEALTH LAW, PURSUANT TO REGULATIONS PROMULGATED BY THE COMMIS- SIONER, AND CONSISTENT WITH THE PUBLIC HEALTH LAW, FOR ADMINISTERING IMMUNIZATIONS. NOTHING IN THIS SUBDIVISION SHALL AUTHORIZE UNLICENSED PERSONS TO ADMINISTER IMMUNIZATIONS, VACCINES OR OTHER DRUGS. § 13. Section 6527 of the education law is amended by adding a new subdivision 11 to read as follows: 11. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIF- IC REGIMEN TO AN EMERGENCY MEDICAL SERVICES PRACTITIONER LICENSED BY THE DEPARTMENT OF HEALTH PURSUANT TO ARTICLE THIRTY OF THE PUBLIC HEALTH LAW, PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER, AND CONSISTENT WITH THE PUBLIC HEALTH LAW, FOR ADMINISTERING IMMUNIZATIONS. NOTHING IN THIS SUBDIVISION SHALL AUTHORIZE UNLICENSED PERSONS TO ADMIN- ISTER IMMUNIZATIONS, VACCINES OR OTHER DRUGS. § 14. This act shall take effect immediately; provided, however, that section 3033 of the public health law, as added by section eleven of this act, shall take effect on the ninetieth day after it shall have become a law. PART T S. 4007 170 A. 3007 Section 1. The public health law is amended by adding a new section 1377 to read as follows: § 1377. STATE RENTAL REGISTRY AND PROACTIVE INSPECTIONS TO IDENTIFY LEAD HAZARDS. 1. THE DEPARTMENT SHALL DEVELOP A REGISTRY FOR ALL RESI- DENTIAL DWELLINGS WITH TWO OR MORE UNITS BUILT PRIOR TO NINETEEN HUNDRED EIGHTY WHICH, BY VIRTUE OF THEIR MUNICIPAL ZONING DESIGNATION, ARE POTENTIALLY ELIGIBLE FOR RENTAL, LEASE, LET OR HIRING OUT, AND ARE LOCATED WITHIN COMMUNITIES OF CONCERN AS IDENTIFIED BY THE DEPARTMENT. SUCH REGISTRY SHALL ONLY INCLUDE QUALIFYING RESIDENTIAL DWELLINGS OUTSIDE NEW YORK CITY. 2. ALL RESIDENTIAL DWELLINGS QUALIFYING FOR REGISTRATION IN ACCORD WITH THIS SECTION MUST BE CERTIFIED AS FREE OF LEAD PAINT HAZARDS BASED ON INSPECTIONS CONDUCTED ON A TRI-ANNUAL BASIS. INSPECTION CERTIF- ICATIONS MUST BE SUBMITTED TO THE LOCAL HEALTH DEPARTMENT OR THEIR DESIGNEE FOR RECORDING IN THE RENTAL REGISTRY. 3. THE COMMISSIONER SHALL PROMULGATE REGULATIONS AS NEEDED TO ADMINIS- TER, COORDINATE, AND ENFORCE THIS SECTION, INCLUDING THE ESTABLISHMENT OF FINES TO BE LEVIED IN THE EVENT OF NON-COMPLIANCE WITH THE REQUIRE- MENTS OF THIS SECTION. 4. INSPECTION REQUIREMENTS SHALL BE BASED ON REGULATION AND GUIDANCE FROM THE DEPARTMENT AND MAY INCLUDE QUALIFICATIONS FOR INSPECTORS, MINI- MUM REQUIREMENTS OF A COMPLIANT INSPECTION AND A PROCESS FOR REPORTING INSPECTION RESULTS TO LOCAL HEALTH DEPARTMENTS. MINIMUM INSPECTION REQUIREMENTS MAY INCLUDE VISUAL INSPECTIONS FOR DETERIORATED PAINT AND OUTDOOR SOIL CONDITIONS, AS WELL AS THE COLLECTION OF DUST WIPE SAMPLES OBTAINED IN ACCORDANCE WITH UNITED STATES ENVIRONMENTAL PROTECTION AGEN- CY PROTOCOLS FOR SUCH PROCEDURES. 5. REMEDIATION OF LEAD-BASED PAINT HAZARDS MUST BE CONDUCTED IN COMPLIANCE WITH ALL MUNICIPAL REQUIREMENTS AND SPECIFIC REQUIREMENTS SPECIFIED IN REGULATION. § 2. Paragraphs h and i of subdivision 1 of section 381 of the execu- tive law, as added by chapter 560 of the laws of 2010, are amended and a new paragraph j is added to read as follows: h. minimum basic training and in-service training requirements for personnel charged with administration and enforcement of the state ener- gy conservation construction code; [and] i. standards and procedures for measuring the rate of compliance with the state energy conservation construction code, and provisions requir- ing that such rate of compliance be measured on an annual basis[.]; AND J. PROCEDURES REQUIRING THE DOCUMENTATION OF COMPLIANCE WITH REGU- LATIONS ADOPTED PURSUANT TO SECTION THIRTEEN HUNDRED SEVENTY-SEVEN OF THE PUBLIC HEALTH LAW AS A CONDITION TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY OR CERTIFICATE OF COMPLIANCE FOLLOWING A PERIODIC FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION FOR MULTIPLE DWELLINGS. § 3. This act shall take effect immediately; provided, however, section one of this act shall take effect eighteen months after it shall have become a law; and provided further, however, section two of this act shall take effect two years after it shall have become a law. Effective immediately, the addition, amendment, and/or repeal of any rule or regulation necessary for the timely implementation of this act on or before its effective date are authorized to be made and completed on or before such effective date. PART U S. 4007 171 A. 3007 Section 1. The general business law is amended by adding a new section 394-f to read as follows: § 394-F. WARRANTS FOR REPRODUCTIVE HEALTH RELATED ELECTRONIC DATA. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "ELECTRONIC COMMUNICATION" MEANS ANY TRANSFER OF SIGNS, SIGNALS, WRITING, IMAGES, SOUNDS, DATA, OR INTELLIGENCE OF ANY NATURE TRANSMITTED IN WHOLE OR IN PART BY A WIRE, RADIO, ELECTROMAGNETIC, PHOTOELECTRONIC OR PHOTO-OPTICAL SYSTEM; PROVIDED, HOWEVER, SUCH TERM SHALL NOT INCLUDE: I. ANY TELEPHONIC OR TELEGRAPHIC COMMUNICATION. II. ANY COMMUNICATION MADE THROUGH A TONE ONLY PAGING DEVICE. III. ANY COMMUNICATION MADE THROUGH A TRACKING DEVICE CONSISTING OF AN ELECTRONIC OR MECHANICAL DEVICE WHICH PERMITS THE TRACKING OF THE MOVE- MENT OF A PERSON OR OBJECT. IV. ANY COMMUNICATION THAT IS DISSEMINATED BY THE SENDER THROUGH A METHOD OF TRANSMISSION THAT IS CONFIGURED SO THAT SUCH COMMUNICATION IS READILY ACCESSIBLE TO THE PUBLIC. B. "ELECTRONIC COMMUNICATION SERVICES" MEANS ANY SERVICE WHICH PROVIDES TO USERS THEREOF THE ABILITY TO SEND OR RECEIVE WIRE OR ELEC- TRONIC COMMUNICATIONS. C. "PROHIBITED VIOLATION" MEANS ANY CIVIL OR CRIMINAL OFFENSE DEFINED UNDER THE LAWS OF ANOTHER STATE THAT CREATES CIVIL OR CRIMINAL LIABILITY OR ANY THEORY OF VICARIOUS, JOINT, SEVERAL OR CONSPIRACY LIABILITY FOR, IN WHOLE OR IN PART BASED ON OR ARISING OUT OF, EITHER OF THE FOLLOWING, UNLESS SUCH OUT-OF-STATE PROCEEDING I. SOUNDS IN TORT OR CONTRACT; II. IS ACTIONABLE, IN AN EQUIVALENT OR SIMILAR MANNER, UNDER THE LAWS OF THIS STATE; OR III. WAS BROUGHT BY THE PATIENT WHO RECEIVED REPRODUCTIVE HEALTH CARE, OR THE PATIENT'S LEGAL REPRESENTATIVE: (1) PROVIDING, FACILITATING, OR OBTAINING REPRODUCTIVE HEALTH CARE SERVICES THAT ARE LAWFUL UNDER NEW YORK LAW; OR (2) INTENDING OR ATTEMPTING TO PROVIDE, FACILITATE, OR OBTAIN REPRO- DUCTIVE HEALTH CARE SERVICES THAT ARE LAWFUL UNDER NEW YORK LAW. D. "REPRODUCTIVE HEALTH CARE SERVICES" MEANS ANY SERVICES RELATED TO THE PERFORMANCE OR AIDING WITHIN THE PERFORMANCE OF AN ABORTION PERFORMED WITHIN THIS STATE THAT IS PERFORMED IN ACCORDANCE WITH THE APPLICABLE LAW OF THIS STATE, ENDING, SEEKING TO END, OR AIDING ANOTHER IN ENDING THEIR PREGNANCY WITHIN THIS STATE, OR PROCURING OR AIDING IN THE PROCUREMENT OF AN ABORTION WITHIN THIS STATE. 2. ANY PERSON OR ENTITY THAT IS HEADQUARTERED OR INCORPORATED IN NEW YORK THAT PROVIDES ELECTRONIC COMMUNICATIONS SERVICES TO THE GENERAL PUBLIC, WHEN SERVED WITH A WARRANT ISSUED BY ANOTHER STATE TO PRODUCE RECORDS THAT WOULD REVEAL THE IDENTITY OF THE CUSTOMERS USING THOSE SERVICES, DATA STORED BY OR ON BEHALF OF THE CUSTOMERS, THE CUSTOMERS' USAGE OF THOSE SERVICES, THE RECIPIENT OR DESTINATION OF COMMUNICATIONS SENT TO OR FROM THOSE CUSTOMERS, OR THE CONTENT OF THOSE COMMUNICATIONS, SHALL NOT PRODUCE THOSE RECORDS WHEN THE CORPORATION KNOWS OR SHOULD KNOW THAT THE WARRANT RELATES TO AN INVESTIGATION INTO, OR ENFORCEMENT OF, A PROHIBITED VIOLATION. 3. ANY PERSON OR ENTITY THAT IS HEADQUARTERED OR INCORPORATED IN NEW YORK MAY COMPLY WITH A WARRANT AS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION IF THE WARRANT IS ACCOMPANIED BY AN ATTESTATION MADE BY THE ENTITY SEEKING THE RECORDS THAT THE EVIDENCE SOUGHT IS NOT RELATED TO AN INVESTIGATION INTO, OR ENFORCEMENT OF, A PROHIBITED VIOLATION. 4. THE ATTORNEY GENERAL MAY COMMENCE A CIVIL ACTION TO COMPEL ANY CORPORATION HEADQUARTERED OR INCORPORATED IN NEW YORK THAT PROVIDES S. 4007 172 A. 3007 ELECTRONIC COMMUNICATIONS SERVICES OR REMOTE COMPUTING SERVICES TO THE GENERAL PUBLIC TO COMPLY WITH THE PROVISIONS OF THIS SECTION. § 2. The general business law is amended by adding a new section 394-g to read as follows: § 394-G. GEOFENCING OF HEALTH CARE FACILITIES. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. "DIGITAL ADVERTISEMENT" MEANS ANY COMMUNICATION DELIVERED BY ELEC- TRONIC MEANS THAT IS INTENDED TO BE USED FOR THE PURPOSES OF MARKETING, SOLICITATION, OR DISSEMINATION OF INFORMATION RELATED, DIRECTLY OR INDI- RECTLY, TO GOODS OR SERVICES PROVIDED BY THE DIGITAL ADVERTISER OR A THIRD PARTY. B. "GEOFENCING" MEANS A TECHNOLOGY THAT USES GLOBAL POSITIONING SYSTEM COORDINATES, CELL TOWER CONNECTIVITY, CELLULAR DATA, RADIO FREQUENCY IDENTIFICATION, WI-FI DATA AND/OR ANY OTHER FORM OF LOCATION DETECTION, TO ESTABLISH A VIRTUAL BOUNDARY OR "GEOFENCE" AROUND A PARTICULAR LOCATION THAT ALLOWS A DIGITAL ADVERTISER TO TRACK THE LOCATION OF AN INDIVIDUAL USER AND ELECTRONICALLY DELIVER TARGETED DIGITAL ADVERTISEMENTS DIRECTLY TO SUCH USER'S MOBILE DEVICE UPON SUCH USER'S ENTRY INTO THE GEOFENCED AREA. C. "HEALTH CARE FACILITY" MEANS ANY GOVERNMENTAL OR PRIVATE AGENCY, DEPARTMENT, INSTITUTION, CLINIC, LABORATORY, HOSPITAL, PHYSICIAN'S OFFICE, NURSING CARE FACILITY, HEALTH MAINTENANCE ORGANIZATION, ASSOCI- ATION OR OTHER SIMILAR ENTITY THAT PROVIDES MEDICAL CARE OR RELATED SERVICES PURSUANT TO THE PROVISIONS OF THE PUBLIC HEALTH LAW OR THE MENTAL HYGIENE LAW, INCLUDING THE BUILDING OR STRUCTURE IN WHICH THE FACILITY IS LOCATED. D. "USER" MEANS A NATURAL PERSON WHO OWNS OR USES A MOBILE DEVICE OR ANY OTHER CONNECTED ELECTRONIC DEVICE CAPABLE OF RECEIVING DIGITAL ADVERTISEMENTS. 2. IT SHALL BE UNLAWFUL FOR ANY PERSON, CORPORATION, PARTNERSHIP, OR ASSOCIATION TO ESTABLISH A GEOFENCE OR SIMILAR VIRTUAL BOUNDARY AROUND ANY HEALTH CARE FACILITY, AS DEFINED PURSUANT TO PARAGRAPH C OF SUBDIVI- SION ONE OF THIS SECTION, FOR THE PURPOSE OF DELIVERING BY ELECTRONIC MEANS A DIGITAL ADVERTISEMENT TO A USER AT OR WITHIN SUCH HEALTH CARE FACILITY, AND IT SHALL BE UNLAWFUL FOR ANY PERSON, CORPORATION, PARTNER- SHIP, OR ASSOCIATION TO DELIVER BY ELECTRONIC MEANS ANY DIGITAL ADVER- TISEMENT TO A USER AT OR WITHIN ANY SUCH HEALTH CARE FACILITY THROUGH THE USE OF GEOFENCING OR SIMILAR VIRTUAL BOUNDARY. § 3. Severability. If any provision of this article or the application thereof to any person or circumstances is held invalid, the invalidity thereof shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable. § 4. This act shall take effect on the thirtieth day after it shall have become a law. PART V Section 1. Section 6801 of the education law is amended by adding a new subdivision 9 to read as follows: 9. A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRACTICE MAY PRESCRIBE AND ORDER SELF-ADMINISTERED HORMONAL CONTRACEPTIVES AND EMER- GENCY CONTRACEPTIVE DRUG THERAPY IN ACCORDANCE WITH STANDARDIZED PROCE- DURES OR PROTOCOLS DEVELOPED AND APPROVED BY THE BOARD OF PHARMACY IN CONSULTATION WITH THE DEPARTMENT OF HEALTH. S. 4007 173 A. 3007 (A) THE STANDARDIZED PROCEDURE OR PROTOCOL SHALL REQUIRE THAT THE PATIENT USE A SELF-SCREENING TOOL THAT WILL IDENTIFY PATIENT RISK FACTORS FOR USE OF SELF-ADMINISTERED HORMONAL CONTRACEPTIVES AND EMER- GENCY CONTRACEPTIVE DRUG THERAPY, BASED ON THE CURRENT UNITED STATES MEDICAL ELIGIBILITY CRITERIA (USMEC) FOR CONTRACEPTIVE USE DEVELOPED BY THE FEDERAL CENTERS FOR DISEASE CONTROL AND PREVENTION, AND THAT THE PHARMACIST REFER THE PATIENT TO THE PATIENT'S PRIMARY CARE PROVIDER OR, IF THE PATIENT DOES NOT HAVE A PRIMARY CARE PROVIDER, TO NEARBY CLINICS, UPON FURNISHING A SELF-ADMINISTERED HORMONAL CONTRACEPTIVE OR EMERGENCY CONTRACEPTIVE DRUG THERAPY PURSUANT TO THIS SUBDIVISION, OR IF IT IS DETERMINED THAT USE OF A SELF-ADMINISTERED HORMONAL CONTRACEPTIVE OR EMERGENCY CONTRACEPTIVE DRUG THERAPY IS NOT RECOMMENDED. (B) PRIOR TO PRESCRIBING SELF-ADMINISTERED HORMONAL CONTRACEPTIVES OR EMERGENCY CONTRACEPTIVE DRUG THERAPY UNDER THIS SUBDIVISION, A PHARMA- CIST SHALL COMPLETE A TRAINING PROGRAM ON SELF-ADMINISTERED HORMONAL CONTRACEPTIVES OR EMERGENCY CONTRACEPTIVE DRUG THERAPY, AS APPLICABLE, THAT CONSISTS OF AT LEAST ONE HOUR OF APPROVED CONTINUING EDUCATION ON SELF-ADMINISTERED HORMONAL CONTRACEPTIVES OR EMERGENCY CONTRACEPTIVE DRUG THERAPY. (C) A PHARMACIST, PHARMACIST'S EMPLOYER, OR PHARMACIST'S AGENT SHALL NOT DIRECTLY CHARGE A PATIENT A SEPARATE CONSULTATION FEE FOR SELF-AD- MINISTERED HORMONAL CONTRACEPTIVES OR EMERGENCY CONTRACEPTIVE DRUG THER- APY SERVICES INITIATED PURSUANT TO THIS SUBDIVISION, BUT MAY CHARGE AN ADMINISTRATIVE FEE NOT TO EXCEED TEN DOLLARS ABOVE THE RETAIL COST OF THE DRUG. UPON AN ORAL, TELEPHONIC, ELECTRONIC, OR WRITTEN REQUEST FROM A PATIENT OR CUSTOMER, A PHARMACIST OR PHARMACIST'S EMPLOYEE SHALL DISCLOSE THE TOTAL RETAIL PRICE THAT A CONSUMER WOULD PAY FOR SELF-AD- MINISTERED HORMONAL CONTRACEPTIVES OR EMERGENCY CONTRACEPTIVE DRUG THER- APY. AS USED IN THIS PARAGRAPH, TOTAL RETAIL PRICE INCLUDES PROVIDING THE CONSUMER WITH SPECIFIC INFORMATION REGARDING THE PRICE OF THE SELF- ADMINISTERED HORMONAL CONTRACEPTIVES OR EMERGENCY CONTRACEPTIVE DRUG THERAPY AND THE PRICE OF THE ADMINISTRATIVE FEE CHARGED. THIS LIMITATION IS NOT INTENDED TO INTERFERE WITH OTHER CONTRACTUALLY AGREED-UPON TERMS BETWEEN A PHARMACIST, A PHARMACIST'S EMPLOYER, OR A PHARMACIST'S AGENT, AND A HEALTH CARE SERVICE PLAN OR INSURER. PATIENTS WHO ARE INSURED OR COVERED AND RECEIVE A PHARMACY BENEFIT THAT COVERS THE COST OF SELF-AD- MINISTERED HORMONAL CONTRACEPTIVES OR EMERGENCY CONTRACEPTIVE DRUG THER- APY SHALL NOT BE REQUIRED TO PAY AN ADMINISTRATIVE FEE. SUCH PATIENTS SHALL BE REQUIRED TO PAY COPAYMENTS PURSUANT TO THE TERMS AND CONDITIONS OF THEIR COVERAGE. THIS PARAGRAPH SHALL NOT APPLY TO DEDICATED EMERGENCY CONTRACEPTIVE DRUGS CLASSIFIED AS OVER-THE-COUNTER PRODUCTS BY THE FEDERAL FOOD AND DRUG ADMINISTRATION. (D) FOR EACH EMERGENCY CONTRACEPTIVE DRUG THERAPY OR SELF-ADMINISTERED HORMONAL CONTRACEPTIVE INITIATED PURSUANT TO THIS SUBDIVISION, THE PHAR- MACIST SHALL PROVIDE THE RECIPIENT OF THE DRUG WITH A STANDARDIZED FACTSHEET THAT INCLUDES, BUT IS NOT LIMITED TO, THE INDICATIONS AND CONTRAINDICATIONS FOR USE OF THE DRUG, THE APPROPRIATE METHOD FOR USING THE DRUG, THE NEED FOR MEDICAL FOLLOW-UP, AND OTHER APPROPRIATE INFORMA- TION. THE BOARD OF PHARMACY SHALL DEVELOP THIS FORM IN CONSULTATION WITH THE DEPARTMENT OF HEALTH. THIS SECTION DOES NOT PRECLUDE THE USE OF EXISTING PUBLICATIONS DEVELOPED BY NATIONALLY RECOGNIZED MEDICAL ORGAN- IZATIONS. § 2. This act shall take effect immediately. PART W S. 4007 174 A. 3007 Section 1. Subdivision 7-a of section 6527 of the education law, as added by chapter 502 of the laws of 2016, is amended to read as follows: 7-a. A licensed physician may prescribe and order a patient specific order or non-patient specific order to a licensed pharmacist, pursuant to regulations promulgated by the commissioner in consultation with the commissioner of health, and consistent with the public health law, for dispensing up to a seven day starter pack of HIV post-exposure prophy- laxis for the purpose of preventing human immunodeficiency virus infection following a potential human immunodeficiency virus exposure. A LICENSED PHYSICIAN MAY ALSO PRESCRIBE AND ORDER A PATIENT SPECIFIC OR NON-PATIENT SPECIFIC ORDER TO A LICENSED PHARMACIST, PURSUANT TO REGU- LATIONS PROMULGATED BY THE COMMISSIONER IN CONSULTATION WITH THE COMMIS- SIONER OF HEALTH, AND CONSISTENT WITH THE PUBLIC HEALTH LAW AND SECTION SIXTY-EIGHT HUNDRED ONE OF THIS TITLE, FOR HIV PRE-EXPOSURE PROPHYLAXIS, PROVIDED, HOWEVER, THAT THE REGULATIONS PROMULGATED PURSUANT TO THIS SUBDIVISION SHALL REQUIRE THAT THE HIV PRE-EXPOSURE PROPHYLAXIS AUTHOR- IZED TO BE DISPENSED BY A LICENSED PHARMACIST SHALL PROVIDE FOR AT LEAST A THIRTY-DAY, BUT NO MORE THAN A SIXTY-DAY, SUPPLY OF SUCH PROPHYLAXIS. § 2. Subdivision 8 of section 6909 of the education law, as added by chapter 502 of the laws of 2016, is amended to read as follows: 8. A certified nurse practitioner may prescribe and order a patient specific order or non-patient specific order to a licensed pharmacist, pursuant to regulations promulgated by the commissioner in consultation with the commissioner of health, and consistent with the public health law, for dispensing up to a seven day starter pack of HIV post-exposure prophylaxis for the purpose of preventing human immunodeficiency virus infection following a potential human immunodeficiency virus exposure. A CERTIFIED NURSE PRACTITIONER MAY ALSO PRESCRIBE AND ORDER A PATIENT SPECIFIC OR NON-PATIENT SPECIFIC ORDER TO A LICENSED PHARMACIST, PURSU- ANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, AND CONSISTENT WITH THE PUBLIC HEALTH LAW AND SECTION SIXTY-EIGHT HUNDRED ONE OF THIS TITLE, FOR HIV PRE-EXPOSURE PROPHYLAXIS, PROVIDED, HOWEVER, THAT THE REGULATIONS PROMULGATED PURSU- ANT TO THIS SUBDIVISION SHALL REQUIRE THAT THE HIV PRE-EXPOSURE PROPHY- LAXIS AUTHORIZED TO BE DISPENSED BY A LICENSED PHARMACIST SHALL PROVIDE FOR AT LEAST A THIRTY-DAY, BUT NO MORE THAN A SIXTY-DAY, SUPPLY OF SUCH PROPHYLAXIS. § 3. Subdivision 5 of section 6801 of the education law, as added by chapter 502 of the laws of 2016, is amended and a new subdivision 9 is added to read as follows: 5. A licensed pharmacist may execute a non-patient specific order, for dispensing up to a seven day starter pack of HIV post-exposure prophy- laxis medications for the purpose of preventing human immunodeficiency virus infection, by a physician licensed in this state or nurse practi- tioner certified in this state, pursuant to rules and regulations promulgated by the commissioner in consultation with the commissioner of health following a potential human immunodeficiency virus exposure. THE PHARMACIST SHALL ALSO INFORM THE PATIENT OF THE AVAILABILITY OF PRE-EX- POSURE PROPHYLAXIS FOR PERSONS WHO ARE AT SUBSTANTIAL RISK OF ACQUIRING HIV. 9. A LICENSED PHARMACIST MAY EXECUTE A NON-PATIENT SPECIFIC ORDER, FOR DISPENSING HIV PRE-EXPOSURE PROPHYLAXIS, PURSUANT TO RULES AND REGU- LATIONS PROMULGATED BY THE COMMISSIONER IN CONSULTATION WITH THE COMMIS- SIONER OF HEALTH PROVIDED, HOWEVER, THAT THE RULES AND REGULATIONS PROMULGATED PURSUANT TO THIS SUBDIVISION SHALL REQUIRE THAT THE HIV PRE-EXPOSURE PROPHYLAXIS AUTHORIZED TO BE DISPENSED BY A LICENSED PHAR- S. 4007 175 A. 3007 MACIST SHALL PROVIDE FOR AT LEAST A THIRTY-DAY, BUT NO MORE THAN A SIXTY-DAY, SUPPLY OF SUCH PROPHYLAXIS. AND PROVIDED FURTHER, THAT THE FOLLOWING CONDITIONS SHALL BE MET BEFORE A PHARMACIST MAY DISPENSE PRE- EXPOSURE PROPHYLAXIS: (A) THE PHARMACIST HAS COMPLETED A TRAINING PROGRAM CREATED OR APPROVED BY THE DEPARTMENT OF HEALTH ON THE USE OF PRE-EXPOSURE PROPHY- LAXIS. THE TRAINING PROGRAM SHALL EDUCATE PHARMACISTS ABOUT THE REQUIRE- MENTS OF THIS SUBDIVISION, THE RISKS AND SIDE EFFECTS OF THE MEDICATION, PATIENT INSURANCE AND COST BURDENS, AND ANY OTHER INFORMATION THE DEPARTMENT OF HEALTH DEEMS NECESSARY OR IMPORTANT; (B) THE PATIENT IS HIV NEGATIVE, AS DOCUMENTED BY A NEGATIVE HIV TEST RESULT OBTAINED WITHIN THE PREVIOUS SEVEN DAYS FROM AN HIV ANTIGEN/ANTIBODY TEST OR ANTIBODY-ONLY TEST OR FROM A RAPID, POINT-OF- CARE FINGERSTICK BLOOD TEST APPROVED BY THE FEDERAL FOOD AND DRUG ADMIN- ISTRATION. IF THE PATIENT DOES NOT PROVIDE EVIDENCE OF A NEGATIVE HIV TEST IN ACCORDANCE WITH THIS PARAGRAPH, THE PHARMACIST MAY RECOMMEND OR ORDER AN HIV TEST. IF THE PATIENT TESTS POSITIVE FOR HIV INFECTION, THE PHARMACIST SHALL DIRECT THE PATIENT TO A LICENSED PHYSICIAN AND PROVIDE THE PATIENT WITH A LIST OF HEALTH CARE SERVICE PROVIDERS AND CLINICS WITHIN THE COUNTY WHERE THE PHARMACIST IS LOCATED OR ADJACENT COUNTIES; (C) THE PATIENT DOES NOT REPORT ANY SIGNS OR SYMPTOMS OF ACUTE HIV INFECTION ON A SELF-REPORTED CHECKLIST OF ACUTE HIV INFECTION SIGNS AND SYMPTOMS; (D) THE PATIENT DOES NOT REPORT TAKING ANY CONTRAINDICATED MEDICA- TIONS; (E) THE PHARMACIST DOES NOT FURNISH MORE THAN A SIXTY-DAY SUPPLY OF PRE-EXPOSURE PROPHYLAXIS TO A SINGLE PATIENT MORE THAN ONCE EVERY YEAR, UNLESS DIRECTED OTHERWISE BY A PRESCRIBER; (F) THE PHARMACIST PROVIDES WRITTEN INFORMATION, PUBLISHED BY THE DEPARTMENT OF HEALTH, TO THE PATIENT ON THE ONGOING USE OF PRE-EXPOSURE PROPHYLAXIS, WHICH MAY INCLUDE EDUCATION ABOUT SIDE EFFECTS, SAFETY DURING PREGNANCY AND BREASTFEEDING, ADHERENCE TO RECOMMENDED DOSING, AND THE IMPORTANCE OF TIMELY TESTING AND TREATMENT, AS APPLICABLE, FOR HIV, RENAL FUNCTION, HEPATITIS B, HEPATITIS C, SEXUALLY TRANSMITTED DISEASES, AND PREGNANCY FOR INDIVIDUALS OF CHILD-BEARING CAPACITY. THE PHARMACIST SHALL NOTIFY THE PATIENT THAT THE PATIENT MUST BE SEEN BY A LICENSED PHYSICIAN TO RECEIVE SUBSEQUENT PRESCRIPTIONS FOR PRE-EXPOSURE PROPHY- LAXIS; AND (G) THE PHARMACIST PROVIDES INFORMATION, DEVELOPED BY THE COMMISSIONER OF HEALTH, TO THE PATIENT, OR WHEN THE PATIENT LACKS CAPACITY TO CONSENT TO A PERSON AUTHORIZED TO CONSENT TO HEALTH CARE FOR SUCH INDIVIDUAL, ON THE IMPORTANCE OF HAVING A HEALTH CARE PROVIDER AND IF THE PATIENT DOES NOT HAVE A HEALTH CARE PROVIDER THE PHARMACIST SHALL PROVIDE THE PATIENT A LIST OF LICENSED PHYSICIANS, CLINICS, OR OTHER HEALTH CARE SERVICE PROVIDERS WITHIN THE COUNTY WHERE THE PHARMACIST IS LOCATED OR ADJACENT COUNTIES. § 4. Subdivision 6 of section 571 of the public health law, as amended by section 1 of part C of chapter 57 of the laws of 2022, 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 administering [COVID-19 and influ- enza] tests pursuant to subdivision seven of section sixty-eight hundred one of the education law, physician assistant, specialist assistant, S. 4007 176 A. 3007 nurse practitioner, or midwife, who is licensed and registered with the state education department. § 5. Subdivision 7 of section 6801 of the education law, as amended by section 2 of part C of chapter 57 of the laws of 2022, is amended 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 [COVID-19 and influenza] tests authorized 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. § 6. Section 8 of part C of chapter 57 of the laws of 2022 amending the public health law and the education law relating to allowing pharma- cists to direct limited service laboratories and order and administer COVID-19 and influenza tests and modernizing nurse practitioners, is amended to read as follows: § 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, that sections [one, two,] three[,] AND four[, six and seven] of this act shall expire and be deemed repealed two years after it shall have become a law. § 7. Section 6801 of the education law is amended by adding a new subdivision 10 to read as follows: 10. A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRACTICE MAY PRESCRIBE AND ORDER MEDICATIONS TO TREAT NICOTINE DEPENDENCE APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR SMOKING CESSATION. § 8. Section 6801 of the education law is amended by adding a new subdivision 11 to read as follows: 11. A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRACTICE MAY PRESCRIBE AND ORDER OPIOID ANTAGONISTS, LIMITED TO NALOXONE AND OTHER MEDICATIONS APPROVED BY THE DEPARTMENT OF HEALTH FOR SUCH PURPOSE PURSU- ANT TO SECTIONS THIRTY-THREE HUNDRED NINE AND THIRTY-THREE HUNDRED NINE-B OF THE PUBLIC HEALTH LAW. § 9. Section 6801-a of the education law, as amended by chapter 238 of the laws of 2015, is amended to read as follows: § 6801-a. Collaborative drug therapy management [demonstration program]. 1. As used in this section, the following terms shall have the following meanings: a. "Board" shall mean the state board of pharmacy as established by section sixty-eight hundred four of this article. b. "Clinical services" shall mean the collection and interpretation of patient data for the purpose of [initiating, modifying and] monitoring drug therapy AND PRESCRIBING IN ORDER TO ADJUST OR MANAGE DRUG THERAPY with associated accountability and responsibility for outcomes in a direct patient care setting. c. "Collaborative drug therapy management" shall mean the performance of clinical services by a pharmacist relating to the review, evaluation and management of drug therapy to a patient, who is being treated by a physician OR NURSE PRACTITIONER for a specific disease or associated disease states, in accordance with a written agreement or protocol with a voluntarily participating physician [and in accordance with the poli- cies, procedures, and protocols of the facility] OR NURSE PRACTITIONER. Such agreement or protocol as entered into by the physician OR NURSE PRACTITIONER, and a pharmacist, may include[, and shall be limited to]: S. 4007 177 A. 3007 (i) [adjusting or managing] PRESCRIBING IN ORDER TO ADJUST OR MANAGE a drug regimen of a patient, pursuant to a patient specific order or NON- PATIENT SPECIFIC protocol made by the patient's physician, OR NURSE PRACTITIONER, which may include adjusting drug strength, frequency of administration or route of administration[. Adjusting the drug regimen shall not include substituting] or selecting a [different] drug which differs from that initially prescribed by the patient's physician [unless such substitution is expressly] OR NURSE PRACTITIONER AS author- ized in the written [order] AGREEMENT or protocol, PROVIDED, HOWEVER, THAT THE PHARMACIST SHALL APPROPRIATELY CONSIDER CLINICAL BENEFIT AND COST TO THE PATIENT AND/OR PAYER IN DISCHARGING THESE RESPONSIBILITIES. The pharmacist shall be required to immediately document in the patient record changes made to the patient's drug therapy and shall use any reasonable means or method established by the facility OR PRACTICE to notify the patient's other treating physicians [with whom he or she does not have a written agreement or protocol regarding such changes. The patient's physician may prohibit, by written instruction, any adjustment or change in the patient's drug regimen by the pharmacist], PHYSICIAN ASSISTANTS, NURSE PRACTITIONERS AND OTHER PROFESSIONALS AS REQUIRED BY THE FACILITY OR THE COLLABORATIVE PRACTICE AGREEMENT; (ii) evaluating and[, only if specifically] AS authorized by the WRIT- TEN AGREEMENT OR protocol and only to the extent necessary to discharge the responsibilities set forth in this section, ordering disease state laboratory tests related to the drug therapy management for the specific disease or disease [state] STATES specified within the written agreement or protocol; and (iii) [only if specifically] AS authorized by the written agreement or protocol and only to the extent necessary to discharge the responsibil- ities set forth in this section, ordering or performing routine patient monitoring functions as may be necessary in the drug therapy manage- ment[, including the collecting and reviewing of patient histories, and ordering or checking patient vital signs, including pulse, temperature, blood pressure and respiration]. d. "Facility" shall mean[: (i)] a [teaching hospital or] general hospital, [including any] diagnostic center, treatment center, or hospi- tal-based outpatient department as defined in section twenty-eight hundred one of the public health law[; or (ii)], A RESIDENTIAL HEALTH CARE FACILITY OR a nursing home with an on-site pharmacy staffed by a licensed pharmacist OR ANY FACILITY AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW OR OTHER ENTITY THAT PROVIDES DIRECT PATIENT CARE UNDER THE AUSPICES OF A MEDICAL DIRECTOR; provided, however, for the purposes of this section the term "facility" shall not include dental clinics, dental dispensaries, [residential health care facilities] and rehabilitation centers. For the purposes of this section, [a "teaching hospital" shall mean a hospital licensed pursuant to article twenty-eight of the public health law that is eligible to receive direct or indirect graduate medical education payments pursuant to article twenty-eight of the public health law] A "PRACTICE" SHALL MEAN A PLACE OR SITUATION IN WHICH PHYSICIANS, AND NURSE PRACTITIONERS EITHER ALONE OR IN GROUP PRACTICES PROVIDE DIAG- NOSTIC AND TREATMENT CARE FOR PATIENTS. e. ["Physician"] "PHYSICIAN OR NURSE PRACTITIONER" shall mean the physician OR NURSE PRACTITIONER selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient for the disease and associated disease states that are the subject of the collaborative drug therapy management. S. 4007 178 A. 3007 f. "Written agreement or protocol" shall mean a written document, pursuant to and consistent with any applicable state or federal require- ments, that addresses a specific disease or associated disease states and that describes the nature and scope of collaborative drug therapy management to be undertaken by the pharmacists, in collaboration with the participating physician, NURSE PRACTITIONER OR FACILITY in accord- ance with the provisions of this section. 2. a. A pharmacist who meets the experience requirements of paragraph b of this subdivision and who is [employed by or otherwise affiliated with a facility] CERTIFIED BY THE DEPARTMENT TO ENGAGE IN COLLABORATIVE DRUG THERAPY MANAGEMENT AND WHO IS EITHER EMPLOYED BY OR OTHERWISE AFFILIATED WITH A FACILITY OR IS PARTICIPATING WITH A PRACTICING PHYSI- CIAN OR NURSE PRACTITIONER shall be permitted to enter into a written agreement or protocol with a physician, OR NURSE PRACTITIONER OR FACILI- TY authorizing collaborative drug therapy management, subject to the limitations set forth in this section, within the scope of such employ- ment [or], affiliation OR PARTICIPATION. ONLY PHARMACISTS SO CERTIFIED MAY ENGAGE IN COLLABORATIVE DRUG THERAPY MANAGEMENT AS DEFINED IN THIS SECTION. b. A participating pharmacist must[: (i)(A) have been awarded either a master of science in clinical phar- macy or a doctor of pharmacy degree; (B)] maintain a current unrestricted license[;], and [(C) have a minimum of two years experience, of which at least one year of such experience shall include clinical experience in a health facility, which involves consultation with physicians with respect to drug therapy and may include a residency at a facility involving such consultation; or (ii)(A) have been awarded a bachelor of science in pharmacy; (B) maintain a current unrestricted license; and (C) within the last seven years, have a minimum of three years experi- ence, of which at least one year of such experience shall include clin- ical experience in a health facility, which involves consultation with physicians with respect to drug therapy and may include a residency at a facility involving such consultation; and (iii) meet any additional education, experience, or other requirements set forth by the department in consultation with the board] SHALL SATIS- FY ANY TWO OF THE FOLLOWING CRITERIA: (I) CERTIFICATION IN A RELEVANT AREA OF PRACTICE INCLUDING BUT NOT LIMITED TO AMBULATORY CARE, CRITICAL CARE, GERIATRIC PHARMACY, NUCLEAR PHARMACY, NUTRITION SUPPORT PHARMACY, ONCOLOGY PHARMACY, PEDIATRIC PHAR- MACY, PHARMACOTHERAPY, OR PSYCHIATRIC PHARMACY, FROM A NATIONAL ACCRED- ITING BODY AS APPROVED BY THE DEPARTMENT; (II) POSTGRADUATE RESIDENCY THROUGH AN ACCREDITED POSTGRADUATE PROGRAM REQUIRING AT LEAST FIFTY PERCENT OF THE EXPERIENCE BE IN DIRECT PATIENT CARE SERVICES WITH INTERDISCIPLINARY TERMS; OR (III) HAVE PROVIDED CLINICAL SERVICES TO PATIENTS FOR AT LEAST ONE YEAR EITHER: (A) UNDER A COLLABORATIVE PRACTICE AGREEMENT OR PROTOCOL WITH A PHYSI- CIAN, NURSE PRACTITIONER OR FACILITY; OR (B) HAVE DOCUMENTED EXPERIENCE IN PROVISION OF CLINICAL SERVICES TO PATIENTS FOR AT LEAST ONE YEAR OR ONE THOUSAND HOURS, AND DEEMED ACCEPT- ABLE TO THE DEPARTMENT UPON RECOMMENDATION OF THE BOARD OF PHARMACY. c. Notwithstanding any provision of law, nothing in this section shall prohibit a licensed pharmacist from engaging in clinical services asso- ciated with collaborative drug therapy management, in order to gain S. 4007 179 A. 3007 experience necessary to qualify under [clause (C) of subparagraph (i) or (ii) of paragraph b] CLAUSE (B) OF SUBPARAGRAPH (III) OF PARAGRAPH B of this subdivision, provided that such practice is under the supervision of a pharmacist that currently meets the referenced requirement, and that such practice is authorized under the written agreement or protocol with the physician OR NURSE PRACTITIONER OR FACILITY. d. Notwithstanding any provision of this section, nothing herein shall authorize the pharmacist to diagnose disease. In the event that a treat- ing physician OR NURSE PRACTITIONER may disagree with the exercise of professional judgment by a pharmacist, the judgment of the treating physician OR NURSE PRACTITIONER shall prevail. 3. [The physician who is a party to a written agreement or protocol authorizing collaborative drug therapy management shall be employed by or otherwise affiliated with the same facility with which the pharmacist is also employed or affiliated. 4. The existence of a written agreement or protocol on collaborative drug therapy management and the patient's right to choose to not partic- ipate in collaborative drug therapy management shall be disclosed to any patient who is eligible to receive collaborative drug therapy manage- ment. Collaborative drug therapy management shall not be utilized unless the patient or the patient's authorized representative consents, in writing, to such management. If the patient or the patient's authorized representative consents, it shall be noted on the patient's medical record. If the patient or the patient's authorized representative who consented to collaborative drug therapy management chooses to no longer participate in such management, at any time, it shall be noted on the patient's medical record. In addition, the existence of the written agreement or protocol and the patient's consent to such management shall be disclosed to the patient's primary physician and any other treating physician or healthcare provider. 5.] A PHARMACIST WHO IS CERTIFIED BY THE DEPARTMENT TO ENGAGE IN COLLABORATIVE DRUG THERAPY MANAGEMENT MAY ENTER INTO A WRITTEN COLLABO- RATIVE PRACTICE AGREEMENT OR PROTOCOL WITH A PHYSICIAN, NURSE PRACTI- TIONER OR FACILITY AND MAY PRACTICE AS AN INDEPENDENT PHARMACIST OR AS AN EMPLOYEE OF A PHARMACY OR OTHER HEALTH CARE PROVIDER. IN A FACILITY, THE PHYSICIAN OR NURSE PRACTITIONER AND THE PHARMACIST WHO ARE PARTIES TO A WRITTEN AGREEMENT OR PROTOCOL AUTHORIZING COLLABORATIVE DRUG THERA- PY MANAGEMENT SHALL BE EMPLOYED BY OR BE OTHERWISE AFFILIATED WITH THE FACILITY. 4. Participation in a written agreement or protocol authorizing colla- borative drug therapy management shall be voluntary, and no patient, physician, NURSE PRACTITIONER, pharmacist, or facility shall be required to participate. [6. Nothing in this section shall be deemed to limit the scope of practice of pharmacy nor be deemed to limit the authority of pharmacists and physicians to engage in medication management prior to the effective date of this section and to the extent authorized by law.] § 10. Section 6601 of the education law, as amended by chapter 576 of the laws of 2001, is amended to read as follows: § 6601. Definition of practice of dentistry. The practice of the profession of dentistry is defined as diagnosing, treating, operating, or prescribing for any disease, pain, injury, deformity, or physical condition of the oral and maxillofacial area related to restoring and maintaining dental health. The practice of dentistry includes the prescribing and fabrication of dental prostheses and appliances. The practice of dentistry may include performing physical evaluations in S. 4007 180 A. 3007 conjunction with the provision of dental treatment. THE PRACTICE OF DENTISTRY MAY ALSO INCLUDE ORDERING AND ADMINISTERING HIV AND HEPATITIS C SCREENING TESTS OR DIAGNOSTIC TESTS AUTHORIZED BY THE FOOD AND DRUG ADMINISTRATION (FDA) AND SUBJECT TO CERTIFICATE OF WAIVER REQUIREMENTS ESTABLISHED PURSUANT TO THE FEDERAL CLINICAL LABORATORY IMPROVEMENT ACT OF NINETEEN HUNDRED EIGHTY-EIGHT. § 11. Subdivision 4 of section 6909 of the education law is amended by adding four new paragraphs (i), (j), (k) and (l) to read as follows: (I) THE ORDERING OF ASTHMA SELF-MANAGEMENT EDUCATION AND HOME-BASED ASTHMA SERVICES. (J) THE URGENT OR EMERGENCY TREATMENT OF ASTHMA. (K) PROVIDING STOOL TESTS TO SCREEN FOR COLORECTAL CANCER. (L) THE ORDERING OF DIABETES SELF-MANAGEMENT EDUCATION AND SUPPORT. § 12. Subdivision 6 of section 6527 of the education law is amended by adding four new paragraphs (i), (j), (k) and (l) to read as follows: (I) THE ORDERING OF ASTHMA SELF-MANAGEMENT EDUCATION AND HOME-BASED ASTHMA SERVICES. (J) THE URGENT OR EMERGENCY TREATMENT OF ASTHMA. (K) PROVIDING STOOL TESTS TO SCREEN FOR COLORECTAL CANCER. (L) THE ORDERING OF DIABETES SELF-MANAGEMENT EDUCATION AND SUPPORT. § 13. Section 6801 of the education law is amended by adding a new subdivision 12 to read as follows: 12. A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE OF PRACTICE MAY ORDER DIABETES SELF-MANAGEMENT EDUCATION AND SUPPORT AND ASTHMA SELF- MANAGEMENT EDUCATION AND HOME-BASED ASTHMA SERVICES FOR PATIENTS, AND ANY OTHER SERVICES AUTHORIZED IN REGULATION BY THE COMMISSIONER IN COLLABORATION WITH THE COMMISSIONER OF HEALTH. § 14. Paragraph (q) of subdivision 2 of section 365-a of the social services law, as amended by section 35 of part B of chapter 58 of the laws of 2010, is amended to read as follows: (q) diabetes self-management training services for persons diagnosed with diabetes when such services are ordered by a physician, registered physician assistant, registered nurse practitioner, LICENSED PHARMACIST or licensed midwife and provided by a licensed, registered, or certified health care professional, as determined by the commissioner of health, who is certified as a diabetes educator by the National Certification Board for Diabetes Educators, or a successor national certification board, or provided by such a professional who is affiliated with a program certified by the American Diabetes Association, the American Association of Diabetes Educators, the Indian Health Services, or any other national accreditation organization approved by the federal centers for medicare and medicaid services; 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 financial participation in the costs of health care 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. § 15. Paragraph (r) of subdivision 2 of section 365-a of the social services law, as added by section 32 of part C of chapter 58 of the laws of 2008, is amended to read as follows: (r) asthma self-management training services for persons diagnosed with asthma when such services are ordered by a physician, registered physician's assistant, registered nurse practitioner, REGISTERED PROFESSIONAL NURSE, LICENSED PHARMACIST or licensed midwife and provided by a licensed, registered, or certified health care professional, as S. 4007 181 A. 3007 determined by the commissioner of health, who is certified as an asthma educator by the National Asthma Educator Certification Board, or a successor national certification board; 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 financial participation in the costs of health care 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. § 16. Paragraph (v) of subdivision 2 of section 365-a of the social services law, as added by section 4 of part B of chapter 58 of the laws of 2010, is amended to read as follows: (v) ORDERING AND administration of vaccinations [in a pharmacy], MEDI- CATIONS, SELF-MANAGEMENT EDUCATION, AND HOME-BASED SERVICES by a [certi- fied] LICENSED pharmacist within [his or her] THEIR scope of practice. § 17. Section 6542 of the education law, as amended by chapter 48 of the laws of 2012, subdivisions 3 and 5 as amended by section 1 of part T of chapter 57 of the laws of 2013, is amended to read as follows: § 6542. Performance of medical services. 1. Notwithstanding any other provision of law, a physician assistant may perform medical services, but only when under the supervision of a physician and only when such acts and duties as are assigned to him or her are within the scope of practice of such supervising physician UNLESS OTHERWISE PERMITTED BY THIS SECTION. 1-A. A PHYSICIAN ASSISTANT MAY PRACTICE WITHOUT THE SUPERVISION OF A PHYSICIAN UNDER THE FOLLOWING CIRCUMSTANCES: A. WHERE THE PHYSICIAN ASSISTANT, LICENSED UNDER SECTION SIXTY-FIVE HUNDRED FORTY-ONE OF THIS ARTICLE HAS PRACTICED FOR MORE THAN EIGHT THOUSAND HOURS AND: (I) IS PRACTICING IN PRIMARY CARE. FOR PURPOSES OF THIS PARAGRAPH, "PRIMARY CARE" SHALL MEAN NON-SURGICAL CARE IN THE FIELDS OF 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; OR (II) IS EMPLOYED BY A HEALTH SYSTEM OR HOSPITAL ESTABLISHED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, AND THE HEALTH SYSTEM OR HOSPITAL DETERMINES THE PHYSICIAN ASSISTANT MEETS THE QUALIFICATIONS OF THE MEDICAL STAFF BYLAWS AND THE HEALTH SYSTEM OR HOSPITAL GIVES THE PHYSICIAN ASSISTANT PRIVILEGES; B. WHERE A PHYSICIAN ASSISTANT LICENSED UNDER SECTION SIXTY-FIVE HUNDRED FORTY-ONE OF THIS ARTICLE HAS COMPLETED A PROGRAM APPROVED BY THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, WHEN SUCH SERVICES ARE PERFORMED WITHIN THE SCOPE OF SUCH PROGRAM. C. THE DEPARTMENT AND THE DEPARTMENT OF HEALTH ARE AUTHORIZED TO PROMULGATE AND UPDATE REGULATIONS PURSUANT TO THIS SECTION. 2. [Supervision] WHERE SUPERVISION IS REQUIRED BY THIS SECTION, IT shall be continuous but shall not be construed as necessarily requiring the physical presence of the supervising physician at the time and place where such services are performed. 3. [No physician shall employ or supervise more than four physician assistants in his or her private practice. 4.] Nothing in this article shall prohibit a hospital from employing physician assistants provided they [work under the supervision of a physician designated by the hospital and not beyond the scope of prac- tice of such physician. The numerical limitation of subdivision three of this section shall not apply to services performed in a hospital. S. 4007 182 A. 3007 5. Notwithstanding any other provision of this article, nothing shall prohibit a physician employed by or rendering services to the department of corrections and community supervision under contract from supervising no more than six physician assistants in his or her practice for the department of corrections and community supervision. 6. Notwithstanding any other provision of law, a trainee in an approved program may perform medical services when such services are performed within the scope of such program.] MEET THE QUALIFICATIONS OF THE MEDICAL STAFF BYLAWS AND ARE GIVEN PRIVILEGES AND OTHERWISE MEET THE REQUIREMENTS OF THIS SECTION. 4. A PHYSICIAN ASSISTANT SHALL BE AUTHORIZED TO PRESCRIBE, DISPENSE, ORDER, ADMINISTER, OR PROCURE ITEMS NECESSARY TO COMMENCE OR COMPLETE A COURSE OF THERAPY. 5. A PHYSICIAN ASSISTANT MAY PRESCRIBE AND ORDER A PATIENT SPECIFIC ORDER OR NON-PATIENT SPECIFIC REGIMEN TO A LICENSED PHARMACIST OR REGIS- TERED PROFESSIONAL NURSE, PURSUANT TO REGULATIONS PROMULGATED BY THE COMMISSIONER OF HEALTH, AND CONSISTENT WITH THE PUBLIC HEALTH LAW, FOR ADMINISTERING IMMUNIZATIONS. NOTHING IN THIS SUBDIVISION SHALL AUTHORIZE UNLICENSED PERSONS TO ADMINISTER IMMUNIZATIONS, VACCINES OR OTHER DRUGS. 6. WHERE A PHYSICIAN ASSISTANT LICENSED UNDER SECTION SIXTY-FIVE HUNDRED FORTY-ONE OF THIS ARTICLE HAS COMPLETED A PROGRAM APPROVED BY THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE DEPARTMENT, WHEN SUCH SERVICES ARE PERFORMED WITHIN THE SCOPE OF SUCH PROGRAM. 7. Nothing in this article, or in article thirty-seven of the public health law, shall be construed to authorize physician assistants to perform those specific functions and duties specifically delegated by law to those persons licensed as allied health professionals under the public health law or this chapter. § 18. Subdivision 1 of section 3701 of the public health law, as amended by chapter 48 of the laws of 2012, is amended to read as follows: 1. to promulgate regulations defining and restricting the duties [which may be assigned to] OF physician assistants [by their supervising physician, the degree of supervision required and the manner in which such duties may be performed] CONSISTENT WITH SECTION SIXTY-FIVE HUNDRED FORTY-TWO OF THE EDUCATION LAW.; § 19. Section 3702 of the public health law, as amended by chapter 48 of the laws of 2012, is amended to read as follows: § 3702. Special provisions. 1. Inpatient medical orders. A licensed physician assistant employed or extended privileges by a hospital may, if permissible under the bylaws, rules and regulations of the hospital, write medical orders, including those for controlled substances AND DURABLE MEDICAL EQUIPMENT, for inpatients [under the care of the physi- cian responsible for his or her supervision. Countersignature of such orders may be required if deemed necessary and appropriate by the super- vising physician or the hospital, but in no event shall countersignature be required prior to execution]. 2. Withdrawing blood. A licensed physician assistant or certified nurse practitioner acting within his or her lawful scope of practice may supervise and direct the withdrawal of blood for the purpose of deter- mining the alcoholic or drug content therein under subparagraph one of paragraph (a) of subdivision four of section eleven hundred ninety-four of the vehicle and traffic law, notwithstanding any provision to the contrary in clause (ii) of such subparagraph. 3. Prescriptions for controlled substances. A licensed physician assistant, in good faith and acting within his or her lawful scope of S. 4007 183 A. 3007 practice, and to the extent assigned by his or her supervising physician AS APPLICABLE BY SECTION SIXTY-FIVE HUNDRED FORTY-TWO OF THE EDUCATION LAW, may prescribe controlled substances as a practitioner under article thirty-three of this chapter, to patients under the care of such physi- cian responsible for his or her supervision. The commissioner, in consultation with the commissioner of education, may promulgate such regulations as are necessary to carry out the purposes of this section. § 20. Section 3703 of the public health law, as amended by chapter 48 of the laws of 2012, is amended to read as follows: § 3703. Statutory construction. A physician assistant may perform any function in conjunction with a medical service lawfully performed by the physician assistant, in any health care setting, that a statute author- izes or directs a physician to perform and that is appropriate to the education, training and experience of the licensed physician assistant and within the ordinary practice of the supervising physician, AS APPLI- CABLE PURSUANT TO SECTION SIXTY-FIVE HUNDRED FORTY-TWO OF THE EDUCATION LAW. This section shall not be construed to increase or decrease the lawful scope of practice of a physician assistant under the education law. § 21. Paragraph a of subdivision 2 of section 902 of the education law, as amended by chapter 376 of the laws of 2015, is amended to read as follows: a. The board of education, and the trustee or board of trustees of each school district, shall employ, at a compensation to be agreed upon by the parties, a qualified physician, A PHYSICIAN ASSISTANT, or a nurse practitioner to the extent authorized by the nurse practice act and consistent with subdivision three of section six thousand nine hundred two of this chapter, to perform the duties of the director of school health services, including any duties conferred on the school physician or school medical inspector under any provision of law, to perform and coordinate the provision of health services in the public schools and to provide health appraisals of students attending the public schools in the city or district. The physicians, PHYSICIANS ASSISTANTS or nurse practitioners so employed shall be duly licensed pursuant to applicable law. § 22. Subdivision 5 of section 6810 of the education law, as added by chapter 881 of the laws of 1972, is amended to read as follows: 5. Records of all prescriptions filled or refilled shall be maintained for a period of at least five years and upon request made available for inspection and copying by a representative of the department. Such records shall indicate date of filling or refilling, [doctor's] PRESCRIBER'S name, patient's name and address and the name or initials of the pharmacist who prepared, compounded, or dispensed the prescription. Records of prescriptions for controlled substances shall be maintained pursuant to requirements of article thirty-three of the public health law. § 23. Subdivision 27 of section 3302 of the public health law, as amended by chapter 92 of the laws of 2021, is amended to read as follows: 27. "Practitioner" means: A physician, PHYSICIAN ASSISTANT, dentist, podiatrist, veterinarian, scientific investigator, or other person licensed, or otherwise permit- ted to dispense, administer or conduct research with respect to a controlled substance in the course of a licensed professional practice or research licensed pursuant to this article. Such person shall be deemed a "practitioner" only as to such substances, or conduct relating S. 4007 184 A. 3007 to such substances, as is permitted by [his] THEIR license, permit or otherwise permitted by law. § 24. Paragraph b of subdivision 2 of section 6908 of the education law, as added by chapter 471 of the laws of 2016, is amended to read as follows: b. provide that advanced tasks performed by advanced home health aides may be performed only under the [direct] supervision of a registered professional nurse licensed in New York state, as set forth in this subdivision and subdivision eight of section sixty-nine hundred nine of this article, where such nurse is employed by a home care services agen- cy licensed or certified pursuant to article thirty-six of the public health law, a hospice program certified pursuant to article forty of the public health law, or an enhanced assisted living residence licensed pursuant to article seven of the social services law and certified pursuant to article forty-six-B of the public health law. Such nursing supervision shall: (i) include training and periodic assessment of the performance of advanced tasks; (ii) be determined by the registered professional nurse responsible for supervising such advanced tasks based upon the complexity of such advanced tasks, the skill and experience of the advanced home health aide, and the health status of the individual for whom such advanced tasks are being performed; (iii) include a comprehensive initial and thereafter regular and ongo- ing assessment of the individual's needs; (iv) include as a requirement that the supervising registered profes- sional nurse shall visit individuals receiving services for the purpose of supervising the services provided by advanced home health aides [no less than once every two weeks] and include as a requirement that a registered professional nurse shall be available by telephone to the advanced home health aide twenty-four hours a day, seven days a week, provided that a registered professional nurse shall be available to visit an individual receiving services as necessary to protect the health and safety of such individual; and (v) as shall be specified by the commissioner, be provided in a manner that takes into account individual care needs, case mix complexity and geographic considerations and provide that the number of individuals served by a supervising registered professional nurse is reasonable and prudent. § 25. Subparagraph (i) of paragraph (c) of subdivision 8 of section 6909 of the education law, as added by chapter 471 of the laws of 2016, is amended to read as follows: (i) visit individuals receiving services for the purpose of supervis- ing the services provided by advanced home health aides [no less than once every two weeks]; and § 26. Subdivision (b) of section 12 of chapter 471 of the laws of 2016 amending the education law and the public health law relating to author- izing certain advanced home health aides to perform certain advanced tasks, is amended to read as follows: b. this act shall expire and be deemed repealed March 31, [2023] 2029. § 27. 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 RELATED 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: S. 4007 185 A. 3007 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 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 S. 4007 186 A. 3007 (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 THEMSELF OUT, OR ACCEPTING EMPLOYMENT AS, A PERSON LICENSED TO PRACTICE NURSING UNDER THE PROVISIONS OF THIS ARTICLE; 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. § 28. 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. § 29. 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; § 30. 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. S. 4007 187 A. 3007 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. § 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. S. 4007 188 A. 3007 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 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 S. 4007 189 A. 3007 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 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- S. 4007 190 A. 3007 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 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. S. 4007 191 A. 3007 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. 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 S. 4007 192 A. 3007 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 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; S. 4007 193 A. 3007 (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; 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; S. 4007 194 A. 3007 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. 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 S. 4007 195 A. 3007 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, 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 S. 4007 196 A. 3007 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 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- S. 4007 197 A. 3007 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. § 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. S. 4007 198 A. 3007 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. § 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. § 31. 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. S. 4007 199 A. 3007 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. 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. S. 4007 200 A. 3007 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. 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 S. 4007 201 A. 3007 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; 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. S. 4007 202 A. 3007 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. § 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. S. 4007 203 A. 3007 § 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, 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. S. 4007 204 A. 3007 § 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 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 S. 4007 205 A. 3007 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 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, S. 4007 206 A. 3007 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 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; S. 4007 207 A. 3007 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. 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 S. 4007 208 A. 3007 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. 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. S. 4007 209 A. 3007 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 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: S. 4007 210 A. 3007 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. 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. S. 4007 211 A. 3007 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-THREE 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 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. § 32. 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 S. 4007 212 A. 3007 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. § 33. This act shall take effect immediately; provided however, that: a. section seven of this act shall take effect nine months after it shall have become a law; b. sections seventeen, eighteen, nineteen, twenty, twenty-one, twen- ty-two and twenty-three of this act shall take effect one year after it shall have become a law; c. sections twenty-seven, twenty-eight and twenty-nine of this act shall expire and be deemed repealed two years after they shall have become a law; d. sections thirty and thirty-one of this act shall be deemed to have been in full force and effect on and after April 1, 2023; e. section thirty-two of this act shall take effect on the ninetieth day after it shall have become a law; f. the amendments to section 6801-a of the education law made by section nine of this act shall not affect the repeal of such section and shall be deemed to be repealed therewith; and g. the amendments to subdivision 2 of section 6908 of the education law made by section twenty-four of this act shall not affect the repeal of such subdivision and shall be deemed to be repealed therewith. h. the amendments to subdivision 8 of section 6909 of the education law made by section twenty-five of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its S. 4007 213 A. 3007 effective date are authorized and directed to be made and completed on or before such effective date. PART X Section 1. The public health law is amended by adding a new article 29-K to read as follows: ARTICLE 29-K REGISTRATION OF TEMPORARY HEALTH CARE SERVICES AGENCIES SECTION 2999-II. DEFINITIONS. 2999-JJ. REGISTRATION OF TEMPORARY HEALTH CARE SERVICES AGEN- CIES; REQUIREMENTS. 2999-KK. TEMPORARY HEALTH CARE SERVICES AGENCIES; MINIMUM STAND- ARDS. 2999-LL. VIOLATIONS; PENALTIES. 2999-MM. RATES FOR TEMPORARY HEALTH CARE SERVICES; REPORTS. § 2999-II. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE: 1. "CERTIFIED NURSE AIDE" MEANS A PERSON INCLUDED IN THE NURSING HOME NURSE AIDE REGISTRY PURSUANT TO SECTION TWENTY-EIGHT HUNDRED THREE-J OF THIS CHAPTER AS ADDED BY CHAPTER SEVEN HUNDRED SEVENTEEN OF THE LAWS OF NINETEEN HUNDRED EIGHTY-NINE. 2. "CONTROLLING PERSON" MEANS A PERSON, OFFICER, PROGRAM ADMINISTRA- TOR, OR DIRECTOR WHOSE RESPONSIBILITIES INCLUDE THE DIRECTION OF THE MANAGEMENT OR POLICIES OF A TEMPORARY HEALTH CARE SERVICES AGENCY. "CONTROLLING PERSON" ALSO MEANS AN INDIVIDUAL WHO, DIRECTLY OWNS AT LEAST TEN PERCENT VOTING INTEREST IN A CORPORATION, PARTNERSHIP, OR OTHER BUSINESS ENTITY THAT IS A CONTROLLING PERSON. 3. "HEALTH CARE ENTITY" MEANS AN AGENCY, CORPORATION, FACILITY, OR INDIVIDUAL PROVIDING MEDICAL OR HEALTH CARE SERVICES. 4. "HEALTH CARE PERSONNEL" MEANS NURSES, CERTIFIED NURSE AIDES AND LICENSED OR UNLICENSED DIRECT CARE WORKERS EMPLOYED BY THE TEMPORARY HEALTH CARE SERVICES AGENCY TO PROVIDE TEMPORARY SERVICES IN A HEALTH CARE ENTITY. 5. "NURSE" MEANS A REGISTERED PROFESSIONAL NURSE, OR A LICENSED PRAC- TICAL NURSE AS DEFINED BY ARTICLE ONE HUNDRED THIRTY-NINE OF THE EDUCA- TION LAW. 6. "DIRECT CARE WORKER" MEANS AN EMPLOYEE WHO IS RESPONSIBLE FOR PATIENT/RESIDENT HANDLING OR PATIENT/RESIDENT ASSESSMENT AS A REGULAR OR INCIDENTAL PART OF THEIR EMPLOYMENT, INCLUDING ANY LICENSED OR UNLI- CENSED HEALTH CARE WORKER. 7. "PERSON" MEANS AN INDIVIDUAL, FIRM, CORPORATION, PARTNERSHIP, OR ASSOCIATION. 8. "TEMPORARY HEALTH CARE SERVICES AGENCY" OR "AGENCY" MEANS A PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER ENTITY IN THE BUSI- NESS OF PROVIDING OR PROCURING TEMPORARY EMPLOYMENT OF HEALTH CARE PERSONNEL FOR HEALTH CARE ENTITIES. TEMPORARY HEALTH CARE SERVICES AGEN- CY SHALL INCLUDE A NURSES' REGISTRY LICENSED UNDER ARTICLE ELEVEN OF THE GENERAL BUSINESS LAW AND ENTITIES THAT UTILIZE APPS OR OTHER TECHNOLO- GY-BASED SOLUTIONS TO PROVIDE OR PROCURE TEMPORARY EMPLOYMENT OF HEALTH CARE PERSONNEL IN HEALTH CARE ENTITIES. TEMPORARY HEALTH CARE SERVICES AGENCY SHALL NOT INCLUDE: (A) AN INDIVIDUAL WHO ONLY ENGAGES IN PROVID- ING THE INDIVIDUAL'S OWN SERVICES ON A TEMPORARY BASIS TO HEALTH CARE ENTITIES; OR (B) A HOME CARE AGENCY LICENSED UNDER ARTICLE THIRTY-SIX OF THIS CHAPTER. § 2999-JJ. REGISTRATION OF TEMPORARY HEALTH CARE SERVICES AGENCIES; REQUIREMENTS. 1. ANY PERSON WHO OPERATES A TEMPORARY HEALTH CARE S. 4007 214 A. 3007 SERVICES AGENCY SHALL REGISTER THE AGENCY WITH THE DEPARTMENT. EACH SEPARATE LOCATION OF THE BUSINESS OF A TEMPORARY HEALTH CARE SERVICES AGENCY SHALL HAVE A SEPARATE REGISTRATION. 2. THE COMMISSIONER SHALL PUBLISH GUIDELINES ESTABLISHING THE FORMS AND PROCEDURES FOR APPLICATIONS FOR REGISTRATION. FORMS MUST INCLUDE, AT A MINIMUM ALL OF THE FOLLOWING: (A) THE NAMES AND ADDRESSES OF THE TEMPORARY HEALTH CARE SERVICES AGENCY CONTROLLING PERSON OR PERSONS. (B) THE NAMES AND ADDRESSES OF HEALTH CARE ENTITIES WHERE THE CONTROL- LING PERSON OR PERSONS OR THEIR FAMILY MEMBERS: (I) HAVE AN OWNERSHIP RELATIONSHIP; OR (II) DIRECT THE MANAGEMENT OR POLICIES OF SUCH HEALTH CARE ENTITIES. (C) A DEMONSTRATION THAT THE APPLICANT IS OF GOOD MORAL CHARACTER AND ABLE TO COMPLY WITH ALL APPLICABLE STATE LAWS AND REGULATIONS RELATING TO THE ACTIVITIES IN WHICH IT INTENDS TO ENGAGE UNDER THE REGISTRATION. (D) REGISTRATION AND REGISTRATION ANNUAL RENEWAL FEES OF ONE THOUSAND DOLLARS AND MAY ONLY BE USED FOR THE PURPOSE OF OPERATING THIS REGISTRY. (E) THE STATE OF INCORPORATION OF THE AGENCY. (F) ANY ADDITIONAL INFORMATION THAT THE COMMISSIONER DETERMINES IS NECESSARY TO PROPERLY EVALUATE AN APPLICATION FOR REGISTRATION. 3. AS A CONDITION OF REGISTRATION, A TEMPORARY HEALTH CARE SERVICES AGENCY: (A) SHALL DOCUMENT THAT EACH TEMPORARY EMPLOYEE PROVIDED TO HEALTH CARE ENTITIES CURRENTLY MEETS THE MINIMUM LICENSING, TRAINING, AND CONTINUING EDUCATION STANDARDS FOR THE POSITION IN WHICH THE EMPLOYEE WILL BE WORKING. (B) SHALL COMPLY WITH ALL PERTINENT REQUIREMENTS AND QUALIFICATIONS FOR PERSONNEL EMPLOYED IN HEALTH CARE ENTITIES. (C) SHALL NOT RESTRICT IN ANY MANNER THE EMPLOYMENT OPPORTUNITIES OF ITS EMPLOYEES. (D) SHALL MAINTAIN INSURANCE COVERAGE FOR WORKERS' COMPENSATION AND DISABILITY COVERAGE FOR ALL HEALTH CARE PERSONNEL PROVIDED OR PROCURED BY THE AGENCY. (E) SHALL NOT REQUIRE THE PAYMENT OF LIQUIDATED DAMAGES, EMPLOYMENT FEES, OR OTHER COMPENSATION SHOULD THE EMPLOYEE BE HIRED AS A PERMANENT EMPLOYEE OF A HEALTH CARE ENTITY IN ANY CONTRACT WITH ANY EMPLOYEE OR HEALTH CARE ENTITY OR OTHERWISE. (F) SHALL DOCUMENT THAT EACH TEMPORARY EMPLOYEE PROVIDED TO HEALTH CARE ENTITIES IS JOINTLY EMPLOYED BY THE AGENCY AND THE ENTITY AND IS NOT AN INDEPENDENT CONTRACTOR. (G) SHALL RETAIN ALL RECORDS OF EMPLOYMENT FOR SIX CALENDAR YEARS AND MAKE THEM AVAILABLE TO THE DEPARTMENT UPON REQUEST. (H) SHALL COMPLY WITH ANY REQUESTS MADE BY THE DEPARTMENT TO EXAMINE THE BOOKS AND RECORDS OF THE AGENCY, SUBPOENA WITNESSES AND DOCUMENTS AND MAKE SUCH OTHER INVESTIGATION AS IS NECESSARY IN THE EVENT THAT THE DEPARTMENT HAS REASON TO BELIEVE THAT THE BOOKS OR RECORDS DO NOT ACCU- RATELY REFLECT THE FINANCIAL CONDITION OR FINANCIAL TRANSACTIONS OF THE AGENCY. (I) SHALL COMPLY WITH ANY ADDITIONAL REQUIREMENTS THE DEPARTMENT MAY DEEM NECESSARY. 4. A REGISTRATION ISSUED BY THE COMMISSIONER ACCORDING TO THIS SECTION SHALL BE EFFECTIVE FOR A PERIOD OF ONE YEAR, UNLESS THE REGISTRATION IS REVOKED OR SUSPENDED, OR UNLESS OWNERSHIP INTEREST OF TEN PERCENT OR MORE, OR MANAGEMENT OF THE TEMPORARY HEALTH CARE SERVICES AGENCY, IS SOLD OR TRANSFERRED. WHEN OWNERSHIP INTEREST OF TEN PERCENT OR MORE, OR MANAGEMENT OF A TEMPORARY HEALTH CARE SERVICES AGENCY IS SOLD OR TRANS- S. 4007 215 A. 3007 FERRED, THE REGISTRATION OF THE AGENCY MAY BE TRANSFERRED TO THE NEW OWNER OR OPERATOR FOR THIRTY DAYS, OR UNTIL THE NEW OWNER OR OPERATOR APPLIES AND IS GRANTED OR DENIED A NEW REGISTRATION, WHICHEVER IS SOON- ER. 5. THE COMMISSIONER MAY, AFTER APPROPRIATE NOTICE AND HEARING, SUSPEND, REVOKE, OR REFUSE TO ISSUE OR RENEW ANY REGISTRATION OR ISSUE ANY FINES ESTABLISHED PURSUANT TO SECTION TWENTY-NINE HUNDRED NINETY- NINE-LL OF THIS ARTICLE IF THE APPLICANT FAILS TO COMPLY WITH THIS ARTI- CLE OR ANY GUIDELINES, RULES AND REGULATIONS PROMULGATED THEREUNDER. 6. THE COMMISSIONER SHALL MAKE AVAILABLE A LIST OF TEMPORARY HEALTH CARE SERVICES AGENCIES REGISTERED WITH THE DEPARTMENT ON THE DEPART- MENT'S PUBLIC WEBSITE. 7. THE DEPARTMENT SHALL PUBLISH A QUARTERLY REPORT CONTAINING AGGRE- GATED AND DE-IDENTIFIED DATA COLLECTED PURSUANT TO THIS ARTICLE ON THE WEBSITE OF THE DEPARTMENT. 8. THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF LABOR, SHALL PROVIDE A REPORT TO THE GOVERNOR AND LEGISLATURE ON OR BEFORE MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, SUMMARIZING THE KEY FINDINGS OF THE DATA COLLECTED PURSUANT TO THIS ARTICLE. THE DEPARTMENT SHALL FURTHER HAVE AUTHORITY TO UTILIZE ANY DATA COLLECTED PURSUANT TO THIS ARTICLE FOR ADDITIONAL PURPOSES CONSISTENT WITH THIS CHAPTER, INCLUDING BUT NOT LIMITED TO DETERMINATIONS OF WHETHER AN ACUTE LABOR SHORTAGE EXISTS, OR ANY OTHER PURPOSE THE DEPARTMENT DEEMS NECESSARY FOR HEALTH CARE RELATED DATA PURPOSES. 9. THE ATTORNEY GENERAL SHALL, UPON THE REQUEST OF THE DEPARTMENT, BRING AN ACTION FOR AN INJUNCTION AGAINST ANY PERSON WHO VIOLATES ANY PROVISION OF THIS ARTICLE; PROVIDED, THE DEPARTMENT SHALL FURNISH THE ATTORNEY GENERAL WITH SUCH MATERIAL, EVIDENTIARY MATTER OR PROOF AS MAY BE REQUESTED BY THE ATTORNEY GENERAL FOR THE PROSECUTION OF SUCH ACTION. § 2999-KK. TEMPORARY HEALTH CARE SERVICES AGENCIES; MINIMUM STANDARDS. 1. A TEMPORARY HEALTH CARE SERVICES AGENCY SHALL APPOINT AN ADMINISTRA- TOR QUALIFIED BY TRAINING, EXPERIENCE OR EDUCATION TO OPERATE THE AGEN- CY. EACH SEPARATE AGENCY LOCATION SHALL HAVE ITS OWN ADMINISTRATOR. 2. A TEMPORARY HEALTH CARE SERVICES AGENCY SHALL DEVELOP AND MAINTAIN WRITTEN EMPLOYMENT POLICIES AND PROCEDURES. THE AGENCY SHALL INFORM ITS EMPLOYEES OF THE TERMS AND CONDITIONS OF EMPLOYMENT BY THAT AGENCY AT THE TIME OF HIRE, AS WELL AS NO LESS THAN ANNUALLY THEREAFTER. 3. A TEMPORARY HEALTH CARE SERVICES AGENCY SHALL MAINTAIN HOURS OF OPERATION AT EACH OF ITS LOCATIONS SUFFICIENT TO MEET THE OBLIGATIONS UNDER ITS WRITTEN AGREEMENTS WITH HEALTH CARE ENTITIES. 4. A TEMPORARY HEALTH CARE SERVICES AGENCY SHALL MAINTAIN A WRITTEN AGREEMENT OR CONTRACT WITH EACH HEALTH CARE ENTITY, WHICH SHALL INCLUDE, AT A MINIMUM: (A) THE REQUIRED MINIMUM LICENSING, TRAINING, AND CONTINUING EDUCATION REQUIREMENTS FOR EACH ASSIGNED HEALTH CARE PERSONNEL. (B) ANY REQUIREMENT FOR MINIMUM ADVANCE NOTICE IN ORDER TO ENSURE PROMPT ARRIVAL OF ASSIGNED HEALTH CARE PERSONNEL. (C) THE MAXIMUM RATES THAT CAN BE BILLED OR CHARGED BY THE TEMPORARY HEALTH CARE SERVICES AGENCY PURSUANT TO SECTION TWENTY-NINE HUNDRED NINETY-NINE-MM OF THIS ARTICLE AND ANY APPLICABLE REGULATIONS. (D) THE RATES TO BE CHARGED BY THE TEMPORARY HEALTH CARE SERVICES AGENCY. (E) PROCEDURES FOR THE INVESTIGATION AND RESOLUTION OF COMPLAINTS ABOUT THE PERFORMANCE OF TEMPORARY HEALTH CARE SERVICES AGENCY PERSON- NEL. S. 4007 216 A. 3007 (F) PROCEDURES FOR NOTICE FROM HEALTH CARE ENTITIES OF FAILURE OF MEDICAL PERSONNEL TO REPORT TO ASSIGNMENTS AND FOR BACK-UP STAFF IN SUCH INSTANCES. (G) PROCEDURES FOR NOTICE OF ACTUAL OR SUSPECTED ABUSE, THEFT, TAMPER- ING OR OTHER DIVERSION OF CONTROLLED SUBSTANCES BY MEDICAL PERSONNEL. (H) THE TYPES AND QUALIFICATIONS OF HEALTH CARE PERSONNEL AVAILABLE FOR ASSIGNMENT THROUGH THE TEMPORARY HEALTH CARE SERVICES AGENCY. 5. A TEMPORARY HEALTH CARE SERVICES AGENCY SHALL SUBMIT TO THE DEPART- MENT COPIES OF ALL CONTRACTS BETWEEN THE AGENCY AND A HEALTH CARE ENTITY TO WHICH IT ASSIGNS OR REFERS HEALTH CARE PERSONNEL, AND COPIES OF ALL INVOICES TO HEALTH CARE ENTITIES PERSONNEL. EXECUTED CONTRACTS MUST BE SENT TO THE DEPARTMENT WITHIN FIVE BUSINESS DAYS OF THEIR EFFECTIVE DATE AND ARE NOT SUBJECT TO DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFI- CERS LAW. 6. THE COMMISSIONER MAY PROMULGATE REGULATIONS TO IMPLEMENT THE REQUIREMENTS OF THIS SECTION AND TO ESTABLISH ADDITIONAL MINIMUM STAND- ARDS FOR THE OPERATION OF TEMPORARY HEALTH CARE SERVICES AGENCIES, INCLUDING BUT NOT LIMITED TO PRICING, FEES, ADMINISTRATIVE COSTS, AND BUSINESS PRACTICES. 7. THE COMMISSIONER MAY WAIVE THE REQUIREMENTS OF THIS ARTICLE DURING A DECLARED STATE OR FEDERAL PUBLIC HEALTH EMERGENCY. § 2999-LL. VIOLATIONS; PENALTIES. IN ADDITION TO OTHER REMEDIES AVAIL- ABLE BY LAW, VIOLATIONS OF THE PROVISIONS OF THIS ARTICLE AND ANY REGU- LATIONS PROMULGATED THEREUNDER SHALL BE SUBJECT TO PENALTIES AND FINES PURSUANT TO SECTION TWELVE OF THIS CHAPTER; PROVIDED, HOWEVER, THAT EACH VIOLATION COMMITTED BY EACH INDIVIDUAL EMPLOYEE OF A TEMPORARY HEALTH CARE SERVICES AGENCY SHALL BE CONSIDERED A SEPARATE VIOLATION. § 2999-MM. RATES FOR TEMPORARY HEALTH CARE SERVICES; REPORTS. A TEMPO- RARY HEALTH CARE SERVICES AGENCY SHALL REPORT QUARTERLY TO THE DEPART- MENT A FULL DISCLOSURE OF CHARGES AND COMPENSATION, INCLUDING A SCHEDULE OF ALL HOURLY BILL RATES PER CATEGORY OF EMPLOYEE, A FULL DESCRIPTION OF ADMINISTRATIVE CHARGES, AND A SCHEDULE OF RATES OF ALL COMPENSATION PER CATEGORY OF EMPLOYEE, INCLUDING, BUT NOT LIMITED TO: 1. HOURLY REGULAR PAY RATE, SHIFT DIFFERENTIAL, WEEKEND DIFFERENTIAL, HAZARD PAY, CHARGE NURSE ADD-ON, OVERTIME, HOLIDAY PAY, TRAVEL OR MILE- AGE PAY, AND ANY HEALTH OR OTHER FRINGE BENEFITS PROVIDED; 2. THE PERCENTAGE OF HEALTH CARE ENTITY DOLLARS THAT THE AGENCY EXPENDED ON TEMPORARY PERSONNEL WAGES AND BENEFITS COMPARED TO THE TEMPORARY HEALTH CARE SERVICES AGENCY'S PROFITS AND OTHER ADMINISTRATIVE COSTS; 3. A LIST OF THE STATES AND ZIP CODES OF THEIR EMPLOYEES' PRIMARY RESIDENCES; 4. THE NAMES OF ALL HEALTH CARE ENTITIES THEY HAVE CONTRACTED WITHIN NEW YORK STATE; 5. THE NUMBER OF EMPLOYEES OF THE TEMPORARY HEALTH CARE SERVICES AGEN- CY WORKING AT EACH ENTITY; AND 6. ANY OTHER INFORMATION PRESCRIBED BY THE COMMISSIONER. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2023. PART Y Section 1. This Part enacts into law major components of legislation relating to medical debt and drug prices. Each component is wholly contained within a Subpart identified as Subparts A through D. The effective date for each particular provision contained within such S. 4007 217 A. 3007 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 reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Subpart in which it is found. Section three of this Part sets forth the general effective date of this Part. SUBPART A Section 1. Subdivisions (f) and (j) of section 3215 of the civil prac- tice law and rules, subdivision (f) as amended and subdivision (j) as added by chapter 593 of the laws of 2021, subdivision (f) as separately amended by chapter 831 of the laws of 2021, are amended to read as follows: (f) Proof. On any application for judgment by default, the applicant shall file proof of service of the summons and the complaint, or a summons and notice served pursuant to subdivision (b) of rule 305 or subdivision (a) of rule 316 of this chapter, and proof of the facts constituting the claim, the default and the amount due, including, if applicable, a statement that the interest rate for consumer debt pursu- ant to section five thousand four of this chapter applies, by affidavit made by the party, or where the state of New York is the plaintiff, by affidavit made by an attorney from the office of the attorney general who has or obtains knowledge of such facts through review of state records or otherwise. Where a verified complaint has been served, it may be used as the affidavit of the facts constituting the claim and the amount due; in such case, an affidavit as to the default shall be made by the party or the party's attorney. In an action arising out of a consumer credit transaction, if the plaintiff is not the original credi- tor, the applicant shall include: (1) an affidavit by the original cred- itor of the facts constituting the debt, the default in payment, the sale or assignment of the debt, and the amount due at the time of sale or assignment; (2) for each subsequent assignment or sale of the debt to another entity, an affidavit of sale of the debt by the debt seller, completed by the seller or assignor; and (3) an affidavit of a witness of the plaintiff, which includes a chain of title of the debt, completed by the plaintiff or plaintiff's witness. IN AN ACTION ARISING FROM MEDICAL DEBT, IF THE PLAINTIFF IS NOT A HOSPITAL LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW OR A HEALTH CARE PROFESSIONAL AUTHORIZED UNDER TITLE EIGHT OF THE EDUCATION LAW, THE APPLICANT SHALL INCLUDE: (1) AN AFFIDAVIT BY THE HOSPITAL OR HEALTH CARE PROFESSIONAL OF THE FACTS CONSTITUTING THE MEDICAL DEBT, THE DEFAULT IN PAYMENT, THE SALE OR ASSIGNMENT OF THE MEDICAL DEBT, AND THE AMOUNT DUE AT THE TIME OF SALE OR ASSIGNMENT; (2) FOR EACH SUBSEQUENT ASSIGNMENT OR SALE OF THE MEDICAL DEBT TO ANOTHER ENTITY, AN AFFIDAVIT OF SALE OF THE MEDICAL DEBT BY THE DEBT SELLER, COMPLETED BY THE SELLER OR ASSIGNOR; AND (3) AN AFFIDAVIT OF A WITNESS OF THE PLAINTIFF, WHICH INCLUDES A CHAIN OF TITLE OF THE MEDICAL DEBT, COMPLETED BY THE PLAINTIFF OR PLAINTIFF'S WITNESS. The chief administrative judge shall issue form affidavits to satisfy the requirements of this subdivision for consumer credit transactions AND ACTIONS ARISING FROM MEDICAL DEBT. When jurisdiction is based on an attachment of property, the affidavit must state that an order of attachment granted in the action has been levied on the property of the defendant, describe the property and state its value. Proof of mailing S. 4007 218 A. 3007 the notice required by subdivision (g) of this section, where applica- ble, shall also be filed. (j) Affidavit. A request for a default judgment entered by the clerk, must be accompanied by an affidavit by the plaintiff or plaintiff's attorney stating that after reasonable inquiry, he or she has reason to believe that the statute of limitations has not expired. The chief administrative judge shall issue form affidavits to satisfy the require- ments of this subdivision for consumer credit transactions AND ACTIONS ARISING FROM MEDICAL DEBT. § 2. Subdivision 2 of section 212 of the judiciary law is amended by adding a new paragraph (cc) to read as follows: (CC) MAKE AVAILABLE FORM AFFIDAVITS REQUIRED FOR A MOTION FOR DEFAULT JUDGMENT IN AN ACTION ARISING FROM MEDICAL DEBT AS REQUIRED BY SUBDIVI- SION (F) OF SECTION THIRTY-TWO HUNDRED FIFTEEN OF THE CIVIL PRACTICE LAW AND RULES. § 3. This act shall take effect on the one hundred eightieth day after it shall have become a law. SUBPART B Section 1. This act shall be known and may be cited as the "Prescription Drug Price and Supply Chain Transparency Act of 2023". § 2. Legislative intent. The state has a compelling interest in providing for transparency into the price of prescription drugs and the regulation of entities that play a role in the distribution of prescription drugs in this state. The impact of ever rising prescription drug costs impacts consumers in this state both at the pharmacy counter and in health plan premium costs. Prescription drug costs also have direct costs to the state fiscal, health insurance companies, pharma- cies, pharmacy benefit managers, hospitals, employers, and unions. § 3. The insurance law is amended by adding a new article 30 to read as follows: ARTICLE 30 PRESCRIPTION DRUG PRICE AND SUPPLY CHAIN TRANSPARENCY SECTION 3001. DEFINITIONS. 3002. FILING REQUIREMENT. 3003. SPECIAL REPORTS AND OTHER POWERS. 3004. REPORTING OF DRUG PRICE INCREASES. 3005. REPORTING OF PAY FOR DELAY AGREEMENTS. 3006. REGISTRATION OF PHARMACY SERVICES ADMINISTRATIVE ORGANIZA- TIONS. 3007. REQUIRED DISCLOSURES BY PHARMACY SERVICES ADMINISTRATIVE ORGANIZATIONS. 3008. REGISTRATION OF PHARMACY SWITCH COMPANIES. 3009. REQUIRED DISCLOSURES BY PHARMACY SWITCH COMPANIES. 3010. REGISTRATION OF REBATE AGGREGATORS. 3011. REQUIRED DISCLOSURES BY REBATE AGGREGATORS. 3012. DEPOSIT OF PENALTIES AND FEES. § 3001. DEFINITIONS. (A) FOR THE PURPOSES OF THIS ARTICLE, THE DEFI- NITIONS CONTAINED IN SECTION TWO HUNDRED EIGHTY-A OF THE PUBLIC HEALTH LAW SHALL APPLY TO THIS ARTICLE AS IF SPECIFICALLY SET FORTH HEREIN. (B) THE FOLLOWING WORDS OR PHRASES, AS USED IN THIS ARTICLE, SHALL HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT OTHERWISE REQUIRES: S. 4007 219 A. 3007 (1) "MANUFACTURER" MEANS AN ENTITY ENGAGED IN THE MANUFACTURE OF PRESCRIPTION DRUGS SOLD IN THIS STATE. (2) "PHARMACY SERVICES ADMINISTRATIVE ORGANIZATION" OR "PSAO" MEANS A ENTITY THAT IS OPERATING IN THIS STATE AND THAT CONTRACTS WITH A PHARMA- CY FOR THE PURPOSE OF CONDUCTING BUSINESS ON THE PHARMACY'S BEHALF WITH WHOLESALERS, DISTRIBUTORS, HEALTH PLANS OR PHARMACY BENEFIT MANAGERS. (3) "REBATE AGGREGATOR" MEANS AN ENTITY THAT PROVIDES FORMULARY REBATE ADMINISTRATIVE SERVICES FOR PHARMACY BENEFIT MANAGERS OR OTHERWISE NEGO- TIATES REBATES WITH MANUFACTURERS ON BEHALF OF PHARMACY BENEFIT MANAG- ERS. (4) "SWITCH COMPANY" MEANS AN ENTITY THAT ACTS AS AN INTERMEDIARY BETWEEN A PHARMACY AND A PHARMACY BENEFIT MANAGER OR HEALTH PLAN FOR THE PURPOSE OF ROUTING INSURANCE CLAIMS DATA TO OR FROM A PHARMACY. (5) "WHOLESALER" MEANS AN ENTITY THAT BOTTLES, PACKS OR PURCHASES DRUGS, DEVICES OR COSMETICS FOR THE PURPOSE OF SELLING OR RESELLING TO PHARMACIES OR TO OTHER CHANNELS. § 3002. FILING REQUIREMENT. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY FILING OR SUBMISSION REQUIRED UNDER THIS ARTICLE SHALL BE MADE ELEC- TRONICALLY UNLESS THE ENTITY REQUIRED TO MAKE THAT FILING OR SUBMISSION DEMONSTRATES UNDUE HARDSHIP, IMPRACTICABILITY OR GOOD CAUSE AS REQUIRED BY SECTION THREE HUNDRED SIXTEEN OF THIS CHAPTER. § 3003. SPECIAL REPORTS AND OTHER POWERS. (A) THE SUPERINTENDENT MAY ADDRESS TO ANY ENTITY REQUIRED TO REGISTER OR REPORT INFORMATION UNDER THIS ARTICLE, OR ITS OFFICERS, OR ANY AGENT OR EMPLOYEE THEREOF ANY INQUIRY IN RELATION TO ITS BUSINESS OR ANY MATTER CONNECTED THEREWITH. EVERY INDIVIDUAL OR ENTITY SO ADDRESSED SHALL REPLY IN WRITING TO SUCH INQUIRY PROMPTLY AND TRUTHFULLY, AND SUCH REPLY SHALL BE, IF REQUIRED BY THE SUPERINTENDENT, SUBSCRIBED BY SUCH INDIVIDUAL, OR BY SUCH OFFICER OR OFFICERS OF THE ENTITY, OR BY SUCH AGENT OR EMPLOYEE OF THE ENTITY AS THE SUPERINTENDENT SHALL DESIGNATE, AND AFFIRMED BY THEM AS TRUE UNDER THE PENALTIES OF PERJURY. (B) IN THE EVENT ANY INDIVIDUAL OR ENTITY DOES NOT SUBMIT A GOOD FAITH RESPONSE TO AN INQUIRY FROM THE SUPERINTENDENT PURSUANT TO SUBSECTION (A) OF THIS SECTION WITHIN A TIME PERIOD SPECIFIED BY THE SUPERINTENDENT OF NOT LESS THAN FIFTEEN BUSINESS DAYS, THE SUPERINTENDENT IS AUTHORIZED TO LEVY A CIVIL PENALTY, AFTER NOTICE AND HEARING, AGAINST SUCH PERSON NOT TO EXCEED ONE THOUSAND DOLLARS PER DAY FOR EACH DAY BEYOND THE DATE SPECIFIED BY THE SUPERINTENDENT FOR RESPONSE TO THE INQUIRY. (C) IN ADDITION TO ALL OTHER POWERS GRANTED BY LAW, THE SUPERINTENDENT IS HEREBY EMPOWERED TO ORDER ANY PERSON OR ENTITY REQUIRED TO REGISTER OR REPORT INFORMATION UNDER THIS ARTICLE TO CEASE AND DESIST FROM VIOLATIONS OF THIS ARTICLE AND FOLLOWING ISSUANCE OF SUCH AN ORDER MAY BRING AND MAINTAIN AN ACTION IN ANY COURT OF COMPETENT JURISDICTION FOR AN INJUNCTION OR OTHER APPROPRIATE RELIEF TO ENJOIN THREATENED OR EXIST- ING VIOLATIONS OF THIS ARTICLE OR OF THE SUPERINTENDENT'S ORDERS OR REGULATIONS, SUCH ACTION MAY SPECIFICALLY SEEK RESTITUTION ON BEHALF OF PERSONS AGGRIEVED BY A VIOLATION OF THIS ARTICLE OR ORDERS OR REGU- LATIONS OF THE SUPERINTENDENT. (D) IN ADDITION TO ALL OTHER POWERS GRANTED BY LAW, WHENEVER IT SHALL APPEAR TO THE SUPERINTENDENT, EITHER UPON COMPLAINT OR OTHERWISE, THAT IN THE COURSE OF ITS BUSINESS WITHIN OR FROM THIS STATE THAT ANY ENTITY SHALL HAVE EMPLOYED, OR EMPLOYS, OR IS ABOUT TO EMPLOY ANY BUSINESS PRACTICE OR SHALL HAVE PERFORMED, OR IS PERFORMING, OR IS ABOUT TO PERFORM ANY ACT IN VIOLATION OF THIS ARTICLE OR ORDERS OR REGULATIONS OF THE SUPERINTENDENT, OR THE SUPERINTENDENT BELIEVES IT TO BE IN THE PUBLIC INTEREST THAT AN INVESTIGATION BE MADE, THE SUPERINTENDENT MAY, S. 4007 220 A. 3007 IN THE SUPERINTENDENT'S DISCRETION, EITHER REQUIRE OR PERMIT SUCH ENTITY OR ANY AGENT OR EMPLOYEE THEREOF, TO FILE WITH THE DEPARTMENT A STATE- MENT IN WRITING UNDER OATH OR OTHERWISE AS TO ALL THE FACTS AND CIRCUM- STANCES CONCERNING THE SUBJECT MATTER THAT THE SUPERINTENDENT BELIEVES IS IN THE PUBLIC INTEREST TO INVESTIGATE, AND FOR THAT PURPOSE MAY PRESCRIBE FORMS UPON WHICH SUCH STATEMENTS SHALL BE MADE. THE SUPER- INTENDENT MAY ALSO REQUIRE SUCH OTHER DATA AND INFORMATION AS THE SUPER- INTENDENT MAY DEEM RELEVANT AND MAY MAKE SUCH SPECIAL AND INDEPENDENT INVESTIGATIONS AS THE SUPERINTENDENT MAY DEEM NECESSARY IN CONNECTION WITH THE MATTER. IT SHALL BE THE DUTY OF ALL PUBLIC OFFICERS, THEIR DEPUTIES, ASSISTANTS, SUBORDINATES, CLERKS OR EMPLOYEES AND ALL OTHER PERSONS TO RENDER AND FURNISH TO THE SUPERINTENDENT, WHEN REQUESTED IN CONNECTION WITH AN INVESTIGATION UNDER THIS SUBSECTION, ALL INFORMATION AND ASSISTANCE IN THEIR POSSESSION OR WITHIN THEIR POWER. (E) ANY ENTITY WHO VIOLATES AN ORDER UNDER SUBSECTION (C) OR (D) OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY, AFTER NOTICE AND A HEARING, OF NOT MORE THAN TEN THOUSAND DOLLARS PER ACT IN VIOLATION, IN ADDITION TO ANY OTHER PENALTY PROVIDED BY LAW. (F) ANY COMMUNICATIONS OR DOCUMENTS SENT OR RECEIVED IN CONNECTION WITH AN INVESTIGATION UNDER THIS ARTICLE, AND MATERIALS REFERRING TO SUCH INFORMATION IN THE POSSESSION OF THE SUPERINTENDENT SHALL BE CONFI- DENTIAL AND NOT SUBJECT TO DISCLOSURE BY THE SUPERINTENDENT EXCEPT WHERE AND AS THE SUPERINTENDENT DETERMINES THAT DISCLOSURE IS IN THE PUBLIC INTEREST. THIS SUBSECTION SHALL NOT APPLY TO INFORMATION, DOCUMENTS AND MATERIALS IN THE POSSESSION AND UNDER THE CONTROL OF AN ENTITY OTHER THAN THE SUPERINTENDENT. § 3004. REPORTING OF DRUG PRICE INCREASES. (A)(1) NO MANUFACTURER OR WHOLESALER MAY CHARGE ANY PRICE FOR A DRUG BASED ON AN INCREASE IN WHOLESALE ACQUISITION COST, AVERAGE WHOLESALE PRICE, OR ANY OTHER METRIC UNLESS THE MANUFACTURER SHALL FIRST REPORT THE PRICE TO THE DEPARTMENT. (2) NO ENTITY MAY SELL OR DISTRIBUTE IN THIS STATE ANY DRUG FOR WHICH A REPORT WAS REQUIRED TO BE MADE UNDER THIS SUBSECTION UNTIL SUCH REPORT IS MADE. (B) THE REPORT REQUIRED BY SUBSECTION (A) OF THIS SECTION SHALL BE MADE IN A FORM AND MANNER PRESCRIBED BY THE SUPERINTENDENT, SHALL BE MADE INDIVIDUALLY FOR EACH NATIONAL DRUG CODE, AND SHALL INCLUDE THE FOLLOWING: (1) THE NAME OR NAMES OF THE DRUG; (2) THE NATIONAL DRUG CODE FOR THE DRUG; (3) THE PRICE OF THE DRUG PRIOR TO THE INCREASE; (4) THE PRICE OF THE DRUG FOLLOWING THE INCREASE; (5) THE EFFECTIVE DATE OF THE INCREASE; (6) THE DATE ON WHICH THE DECISION WAS MADE TO INCREASE THE PRICE; AND (7) THE REASON AND JUSTIFICATION FOR THE INCREASE. (C) NOT LATER THAN MAY FIRST, TWO THOUSAND TWENTY-FIVE, THE DEPARTMENT SHALL BEGIN PUBLISHING REPORTS RECEIVED UNDER THIS SECTION ON A PUBLICLY ACCESSIBLE ONLINE DATABASE, WHICH IS SEARCHABLE AT LEAST BY MANUFACTURER NAME, DRUG NAME, AND NATIONAL DRUG CODE. REPORTS SHALL BE POSTED NOT LATER THAN FIFTEEN BUSINESS DAYS AFTER THEY ARE RECEIVED AND SHALL REMAIN ON THE DATABASE FOR NOT LESS THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THE INCREASE OR THE FIRST DATE THE REPORT IS POST- ED, WHICHEVER IS LATER, PROVIDED, HOWEVER, THAT THE SUPERINTENDENT MAY DELAY THE POSTING OF A REPORT IF POSTING WITHIN FIFTEEN BUSINESS DAYS OF RECEIPT IS NOT FEASIBLE. (D) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE INFORMATION CONTAINED IN PARAGRAPHS SIX AND SEVEN OF SUBSECTION (B) OF THIS SECTION OR ANY S. 4007 221 A. 3007 STATEMENT REQUIRED UNDER SUBSECTION (G) OF THIS SECTION, TOGETHER WITH ANY COMMUNICATIONS, DOCUMENTS, AND MATERIALS REFERRING TO SUCH INFORMA- TION IN THE POSSESSION OF THE SUPERINTENDENT, SHALL BE CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE BY THE SUPERINTENDENT, EXCEPT WHERE THE SUPER- INTENDENT DETERMINES THAT DISCLOSURE IS IN THE PUBLIC INTEREST. THIS SUBSECTION SHALL NOT APPLY TO INFORMATION, DOCUMENTS AND MATERIALS IN THE POSSESSION AND UNDER THE CONTROL OF AN ENTITY OTHER THAN THE SUPER- INTENDENT. (E) NO REPORT SHALL BE CONSIDERED VALIDLY FILED UNLESS ACCOMPANIED BY A FILING FEE IN AN AMOUNT SET FORTH IN THIS SUBSECTION. (1) FOR ANY REPORT INVOLVING AN INCREASE THAT WILL NOT TAKE EFFECT FOR ONE HUNDRED TWENTY DAYS OR MORE AND FOR WHICH THE EFFECTIVE DATE OF THE CHANGE IS BETWEEN THE FIRST OF JANUARY AND THE THIRTY-FIRST OF JANUARY AND: (A) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TEN PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY- FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE TWENTY-FIVE DOLLARS; (B) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TWEN- TY-FIVE PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY-FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE TWENTY-FIVE DOLLARS; (C) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN FIFTY PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY- FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE TWO HUNDRED FIFTY DOLLARS; OR (D) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF FIFTY PERCENT OR GREATER PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY- FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE ONE THOUSAND DOLLARS. (2) FOR ANY REPORT INVOLVING AN INCREASE THAT WILL NOT TAKE EFFECT FOR ONE HUNDRED TWENTY DAYS OR MORE AND FOR WHICH THE EFFECTIVE DATE IS OUTSIDE OF THE MONTH OF JANUARY AND: (A) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TEN PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY- FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE TWO THOUSAND FIVE HUNDRED DOLLARS; (B) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TWEN- TY-FIVE PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY-FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE FIVE THOUSAND DOLLARS; (C) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN FIFTY PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY- FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE SEVEN THOUSAND FIVE HUNDRED DOLLARS; OR (D) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF FIFTY PERCENT OR GREATER PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY- FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE TEN THOUSAND DOLLARS. (3) FOR ANY REPORT INVOLVING AN INCREASE THAT WILL TAKE EFFECT IN LESS THAN ONE HUNDRED TWENTY DAYS AND FOR WHICH THE EFFECTIVE DATE OF THE CHANGE IS BETWEEN THE FIRST OF JANUARY AND THE THIRTY-FIRST OF JANUARY AND: (A) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TEN PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY- S. 4007 222 A. 3007 FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE TWO THOUSAND FIVE HUNDRED DOLLARS; (B) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TWEN- TY-FIVE PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY-FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE FIVE THOUSAND DOLLARS; (C) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN FIFTY PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY- FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE SEVEN THOUSAND FIVE HUNDRED DOLLARS; OR (D) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF FIFTY PERCENT OR GREATER PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY- FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE TEN THOUSAND DOLLARS. (4) FOR ANY REPORT INVOLVING AN INCREASE THAT WILL TAKE EFFECT IN LESS THAN ONE HUNDRED TWENTY DAYS AND FOR WHICH THE EFFECTIVE DATE OF THE CHANGE IS OUTSIDE OF THE MONTH OF JANUARY AND: (A) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TEN PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY- FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE TWENTY-FIVE THOUSAND DOLLARS; (B) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN TWEN- TY-FIVE PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY-FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE FIFTY THOUSAND DOLLARS; (C) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF LESS THAN FIFTY PERCENT PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY- FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS; OR (D) FOR WHICH THE INCREASE WILL RESULT IN A CHANGE OF FIFTY PERCENT OR GREATER PER UNIT OVER THE PRICE OF THE SAME DRUG THREE HUNDRED SIXTY- FIVE DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE ONE HUNDRED THOUSAND DOLLARS. (5) FOR ANY REPORT MADE AFTER THE EFFECTIVE DATE OF THE CHANGE, THE FEE SHALL BE ONE HUNDRED THOUSAND DOLLARS PLUS TEN THOUSAND DOLLARS FOR EACH DAY AFTER THE EFFECTIVE DATE BEFORE THE REPORT IS MADE. (F) AFTER NOTICE AND A HEARING, THE SUPERINTENDENT MAY IMPOSE A CIVIL PENALTY ON ANY ENTITY THAT VIOLATES SUBSECTION (A) OF THIS SECTION IN AN AMOUNT NOT TO EXCEED ONE MILLION DOLLARS PER VIOLATION. IN CONSIDERING THE AMOUNT OF ANY SUCH CIVIL PENALTY, THE SUPERINTENDENT SHALL CONSIDER: (1) THE TIMING OF THE INCREASE; (2) THE COST OF THE DRUG; (3) THE IMPACT ON CONSUMERS; (4) WHETHER SUCH VIOLATION IS A FIRST OFFENSE; AND (5) REMEDIAL MEASURES THE ENTITY HAS PUT IN PLACE TO PREVENT FUTURE VIOLATIONS. (G) WHENEVER A REPORT IS MADE INVOLVING AN INCREASE THAT WILL TAKE EFFECT IN LESS THAN ONE HUNDRED TWENTY DAYS, THE MANUFACTURER OF THE DRUG SHALL PROVIDE TO THE SUPERINTENDENT A STATEMENT OF THE REASON THAT THE INCREASE MUST TAKE EFFECT IN LESS THAN ONE HUNDRED TWENTY DAYS. WHEN THE SUPERINTENDENT BELIEVES IT IS IN THE PUBLIC INTEREST THAT AN INVES- TIGATION BE MADE, THE SUPERINTENDENT MAY MAKE INDEPENDENT AND SPECIAL INVESTIGATIONS INTO THE MATTER AS THE SUPERINTENDENT DEEMS APPROPRIATE. § 3005. REPORTING OF PAY FOR DELAY AGREEMENTS. (A) EACH MANUFACTURER DOING BUSINESS IN THIS STATE THAT MANUFACTURES A BRAND NAME PRESCRIPTION DRUG AND ENTERS INTO AN ARRANGEMENT, THROUGH AGREEMENT OR OTHERWISE, S. 4007 223 A. 3007 WITH ANOTHER PHARMACEUTICAL MANUFACTURER THAT HAS THE PURPOSE OR EFFECT OF DELAYING OR PREVENTING SUCH OTHER MANUFACTURER FROM INTRODUCING A GENERIC SUBSTITUTE FOR SUCH DRUG INTO THE MARKETPLACE SHALL, NOT LATER THAN THIRTY DAYS AFTER ENTERING INTO SUCH ARRANGEMENT, SEND NOTICE TO THE SUPERINTENDENT, IN A FORM AND MANNER PRESCRIBED BY THE SUPERINTEN- DENT, DISCLOSING THE NAME OF SUCH DRUG, THE WHOLESALE PRICE, THE DISEASE OR DISEASES SUCH DRUG IS COMMONLY PRESCRIBED TO TREAT, THE MANUFACTURER OF SUCH DRUG, THE NAME OF THE GENERIC MANUFACTURER, THE LENGTH OF THE DELAY, AND SUCH OTHER INFORMATION AS THE SUPERINTENDENT MAY REQUIRE. (B) THE SUPERINTENDENT SHALL, NO LATER THAN THIRTY DAYS AFTER RECEIV- ING A NOTICE PURSUANT TO SUBSECTION (A) OF THIS SECTION, PROVIDE NOTICE OF THE FILING TO THE DRUG ACCOUNTABILITY BOARD, THE DRUG UTILIZATION REVIEW BOARD ESTABLISHED UNDER SECTION THREE HUNDRED SIXTY-NINE-BB OF THE SOCIAL SERVICES LAW AND ALL MEDICAID MANAGED CARE PLANS, HEALTH PLANS AND PHARMACY BENEFITS MANAGERS. IT SHALL BE SUFFICIENT NOTICE FOR THE SUPERINTENDENT TO MAKE AVAILABLE AN EMAIL NOTIFICATION LIST TO WHICH ANY OF THE AFOREMENTIONED ENTITIES MAY ELECT TO RECEIVE NOTICE. (C) NO LATER THAN JUNE FIRST, TWO THOUSAND TWENTY-FOUR, THE DEPARTMENT SHALL POST ON ITS WEBSITE WITHIN THIRTY DAYS OF RECEIPT THEREOF, ALL THE NOTICES REQUIRED PURSUANT TO SUBSECTION (A) OF THIS SECTION IN A FORMAT AND MANNER DEVELOPED BY THE SUPERINTENDENT THAT IS SEARCHABLE BY DRUG, COST, DISEASE, AND MANUFACTURER BOTH FOR THE BRAND AND GENERIC DRUG FOR PUBLIC REVIEW. (D) EACH NOTICE REQUIRED UNDER SUBSECTION (A) OF THIS SECTION SHALL BE ACCOMPANIED BY A FILING FEE OF ONE HUNDRED DOLLARS. (E) FOR A VIOLATION BY A MANUFACTURER OF A BRAND NAME DRUG WHO KNOW- INGLY OR NEGLIGENTLY FAILS TO NOTIFY THE SUPERINTENDENT AS REQUIRED IN SUBSECTION (A) OF THIS SECTION, THE SUPERINTENDENT SHALL FINE SUCH MANUFACTURER NO LESS THAN FIVE THOUSAND DOLLARS FOR EACH DAY SUCH MANUFACTURER FAILS TO PROPERLY NOTIFY THE SUPERINTENDENT PURSUANT TO THE REQUIREMENTS OF THIS SECTION FOR THE FIRST VIOLATION AND NO LESS THAN TEN THOUSAND DOLLARS FOR EACH DAY SUCH MANUFACTURER FAILS TO PROPERLY NOTIFY THE SUPERINTENDENT PURSUANT TO THE REQUIREMENTS OF THIS SECTION FOR EACH VIOLATION THEREAFTER. § 3006. REGISTRATION OF PHARMACY SERVICES ADMINISTRATIVE ORGANIZA- TIONS. (A) NO PSAO SHALL OPERATE IN THIS STATE AFTER MARCH THIRTY- FIRST, TWO THOUSAND TWENTY-FOUR WITHOUT FIRST REGISTERING WITH THE DEPARTMENT. (B) A PSAO SEEKING REGISTRATION SHALL FILE, IN A FORM AND MANNER DETERMINED BY THE SUPERINTENDENT, INFORMATION THAT INCLUDES AT A MINI- MUM: (1) THE LEGAL NAME OF THE ENTITY; (2) ANY TRADE OR OTHER NAMES USED BY THE ENTITY; (3) THE ORGANIZATIONAL STRUCTURE OF THE ENTITY; (4) THE PHARMACIES LOCATED WITHIN THIS STATE WITH WHICH THE ENTITY PROVIDES SERVICES; (5) THE PERSONS WHO EXERCISE CONTROL OF THE ENTITY; (6) A PRIMARY POINT OF CONTACT FOR THE ENTITY; (7) AN AGENT FOR SERVICE OF PROCESS; (8) A SET OF AUDITED FINANCIALS FOR THE PRIOR FISCAL YEAR; AND (9) SUCH OTHER INFORMATION AS THE SUPERINTENDENT SHALL REQUIRE. (C) THE SUPERINTENDENT SHALL ACCEPT A REGISTRATION ONLY IF THE SUPER- INTENDENT DETERMINES THAT ALL THE REQUIRED INFORMATION HAS BEEN PROVIDED IN A SATISFACTORY FORM AND HAS RECEIVED PAYMENT OF A NONREFUNDABLE REGISTRATION FEE OF FIVE THOUSAND DOLLARS. S. 4007 224 A. 3007 (D) IF ANY OF THE INFORMATION CONTAINED IN THE REGISTRATION SHALL CHANGE, THE PSAO SHALL NOTIFY THE DEPARTMENT OF THE CHANGE IN A FORM AND MANNER PRESCRIBED BY THE SUPERINTENDENT FOR SUCH PURPOSE WITHIN TWENTY- ONE DAYS OF THE CHANGE. THE REQUIREMENT TO UPDATE SHALL INCLUDE THE FILING OF A NEW SET OF AUDITED FINANCIALS UPON ADOPTION. FOR ANY CHANGE OTHER THAN NEW AUDITED FINANCIALS, THE FILING SHALL NOT BE DEEMED COMPLETE UNLESS ACCOMPANIED BY A PAYMENT OF A FEE OF FIFTY DOLLARS. (E) EVERY PSAO REGISTRATION ISSUED PURSUANT TO THIS SECTION SHALL EXPIRE TWELVE MONTHS AFTER THE DATE OF ISSUE. A PSAO MAY RENEW ITS REGISTRATION FOR ANOTHER TWELVE MONTHS UPON THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SECTION. (F) BEFORE A PSAO REGISTRATION SHALL BE RENEWED, THE PSAO SHALL FILE AN APPLICATION FOR RENEWAL IN SUCH FORM AS THE SUPERINTENDENT PRESCRIBES, AND PAY A FEE OF FIVE THOUSAND DOLLARS. (G) IF A PSAO FILES A RENEWAL APPLICATION WITH THE SUPERINTENDENT AT LEAST ONE MONTH BEFORE ITS EXPIRATION, THEN THE REGISTRATION SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL REGISTRATION APPLIED FOR OR UNTIL FIVE DAYS AFTER THE SUPERINTENDENT SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL REGISTRATION AND GIVEN NOTICE OF SUCH REFUSAL TO THE APPLI- CANT, OTHERWISE THE PSAO REGISTRATION SHALL EXPIRE AND THE REGISTRANT SHALL HAVE NO EXPECTATION OF RENEWAL. § 3007. REQUIRED DISCLOSURES BY PHARMACY SERVICES ADMINISTRATIVE ORGANIZATIONS. (A) (1) EACH PSAO SHALL AT THE TIME OF REGISTRATION PURSUANT TO SECTION THREE THOUSAND SIX OF THIS ARTICLE DISCLOSE TO THE DEPARTMENT THE EXTENT OF ANY OWNERSHIP OR CONTROL OF THE PSAO OR BY THE PSAO OF ANY PARENT COMPANY, SUBSIDIARY, OR AFFILIATE THAT: (A) PROVIDES PHARMACY SERVICES; (B) PROVIDES PRESCRIPTION DRUG OR DEVICE SERVICES; OR (C) MANUFACTURES, SELLS, OR DISTRIBUTES PRESCRIPTION DRUGS, BIOLOG- ICALS, OR MEDICAL DEVICES. (2) A PSAO SHALL FURNISH A COPY OF THE DISCLOSURE MADE AT THE TIME OF REGISTRATION TO ALL PHARMACIES LOCATED IN THIS STATE WITH WHICH IT HAS CONTRACT IN PLACE AT THE TIME OF THE REGISTRATION. A PSAO SHALL NOT COLLECT ANY FEE FOR ANY SERVICES PROVIDED TO A PHARMACY FOR ANY PERIOD BEGINNING FIVE DAYS AFTER THE FILING OF A REGISTRATION WITH THE DEPART- MENT UNTIL THE DISCLOSURE IS SENT TO THE PHARMACY. (3) NOT LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-FIVE, THE DEPART- MENT SHALL PUBLISH ALL DISCLOSURES RECEIVED UNDER THIS SUBSECTION ON A PUBLICLY ACCESSIBLE ONLINE DATABASE, WHICH IS SEARCHABLE AT LEAST BY PSAO NAME. ALL DISCLOSURES SHALL BE POSTED NOT LATER THAN TEN BUSINESS DAYS AFTER A REGISTRATION IS ACCEPTED AND SHALL REMAIN ON THE DATABASE FOR THE DURATION OF THE REGISTRATION OF THE PSAO. (B) (1) PRIOR TO ENTERING INTO ANY CONTRACT WITH ANY PHARMACY LOCATED IN THIS STATE, INCLUDING A CONTRACT WITH A GROUP OF PHARMACIES AT LEAST ONE OF WHICH IS IN THIS STATE, A PSAO SHALL FURNISH TO THE PHARMACY A WRITTEN DISCLOSURE OF THE INFORMATION REQUIRED TO BE DISCLOSED IN SUBSECTION (A) OF THIS SECTION. NO CONTRACT WITH A PHARMACY SHALL BE ENFORCEABLE AGAINST THE PHARMACY BY A PSAO UNLESS THAT PSAO MAKES THIS DISCLOSURE PRIOR TO THE AGREEMENT. IN ADDITION TO ANY OTHER POWER CONFERRED BY LAW, THE SUPERINTENDENT MAY PRESCRIBE THE FORM AND MANNER OF SUCH DISCLOSURES. (2) A PSAO THAT OWNS, IS OWNED BY, IN WHOLE OR IN PART, OR CONTROLS ANY ENTITY THAT MANUFACTURES, SELLS, OR DISTRIBUTES PRESCRIPTION DRUGS, BIOLOGICALS, OR MEDICAL DEVICES SHALL NOT, AS A CONDITION OF ENTERING INTO A CONTRACT WITH A PHARMACY, REQUIRE THAT THE PHARMACY PURCHASE ANY S. 4007 225 A. 3007 DRUGS OR MEDICAL DEVICES FROM AN ENTITY WITH WHICH THE PSAO HAS A FINAN- CIAL INTEREST, OR AN ENTITY WITH AN OWNERSHIP INTEREST IN THE PSAO. (3) NO PSAO SHALL ENTER INTO A CONTRACT WITH A PHARMACY IN THIS STATE UNLESS THAT CONTRACT SHALL PROVIDE THAT ALL REMITTANCES FOR CLAIMS SUBMITTED BY A PHARMACY BENEFIT MANAGER OR THIRD-PARTY PAYER ON BEHALF OF A PHARMACY TO THE PSAO SHALL BE PASSED THROUGH BY THE PSAO TO THE PHARMACY WITHIN A REASONABLE AMOUNT OF TIME, ESTABLISHED IN THE CONTRACT, AFTER RECEIPT OF THE REMITTANCE BY THE PSAO FROM THE PHARMACY BENEFIT MANAGER OR THIRD-PARTY PAYER. (C) (1) A PSAO THAT PROVIDES, ACCEPTS, OR PROCESSES A DISCOUNT, CONCESSION, OR PRODUCT VOUCHER, TO REDUCE, DIRECTLY OR INDIRECTLY, A COVERED INDIVIDUAL'S OUT-OF-POCKET EXPENSE FOR THE ORDER, DISPENSING, SUBSTITUTION, SALE, OR PURCHASE OF A PRESCRIPTION DRUG SHALL MAKE AVAIL- ABLE TO EACH PHARMACY IN THIS STATE THAT IT CONTRACTS WITH OR WHICH IT CONTRACTED WITH IN THE PRIOR CALENDAR YEAR, AN ANNUAL REPORT THAT INCLUDES: (A) AN AGGREGATED TOTAL OF ALL SUCH TRANSACTIONS, BY THE PHARMACY; AND (B) AN AGGREGATED TOTAL OF ANY PAYMENTS RECEIVED BY THE PSAO ITSELF FOR PROVIDING, PROCESSING, OR ACCEPTING ANY DISCOUNT, CONCESSION, OR PRODUCT VOUCHER ON BEHALF OF A PHARMACY. (2) A PHARMACY IN THIS STATE THAT IS A PARTY TO A CONTRACT WITH A PSAO SHALL HAVE A RIGHT TO AN ACCOUNTING OF THE FUNDS RECEIVED BY THE PSAO FOR GOODS OR SERVICES PROVIDED BY THE PHARMACY TO PATIENTS AND CUSTOM- ERS. § 3008. REGISTRATION OF PHARMACY SWITCH COMPANIES. (A) NO SWITCH COMPANY MAY DO BUSINESS IN THIS STATE AFTER JUNE THIRTIETH, TWO THOUSAND TWENTY-FOUR WITHOUT FIRST REGISTERING WITH THE DEPARTMENT. (B) A SWITCH COMPANY SEEKING REGISTRATION SHALL FILE WITH THE DEPART- MENT, IN A FORM AND MANNER DETERMINED BY THE SUPERINTENDENT, INFORMATION INCLUDING BUT NOT LIMITED TO: (1) THE LEGAL NAME OF THE ENTITY; (2) ANY TRADE OR OTHER NAMES USED BY THE ENTITY; (3) THE ORGANIZATIONAL STRUCTURE OF THE ENTITY; (4) THE PHARMACIES LOCATED WITHIN THIS STATE AND THE PHARMACY BENEFIT MANAGERS LICENSED IN THIS STATE WITH WHICH THE ENTITY PROVIDES SERVICES; (5) THE PERSONS WHO EXERCISE CONTROL OF THE ENTITY; (6) A PRIMARY POINT OF CONTACT FOR THE ENTITY; (7) AN AGENT FOR SERVICE OF PROCESS; (8) A SET OF AUDITED FINANCIALS FOR THE PRIOR FISCAL YEAR; AND (9) SUCH OTHER INFORMATION OR DOCUMENTS AS THE SUPERINTENDENT SHALL REQUIRE. (C) THE SUPERINTENDENT SHALL ACCEPT A REGISTRATION ONLY IF HE OR SHE DEEMS THAT ALL THE REQUIRED INFORMATION HAS BEEN PROVIDED IN A SATISFAC- TORY FORM AND HAS RECEIVED PAYMENT OF A NONREFUNDABLE REGISTRATION FEE OF ONE THOUSAND DOLLARS. (D) IF ANY OF THE INFORMATION CONTAINED IN THE REGISTRATION SHALL CHANGE, THE SWITCH COMPANY SHALL NOTIFY THE DEPARTMENT OF THE CHANGE IN A FORM AND MANNER PRESCRIBED BY THE SUPERINTENDENT FOR SUCH PURPOSE WITHIN TWENTY-ONE DAYS OF THE CHANGE. THE REQUIREMENT TO UPDATE SHALL INCLUDE THE FILING OF A NEW SET OF AUDITED FINANCIALS UPON ADOPTION. FOR ANY CHANGE OTHER THAN NEW AUDITED FINANCIALS, THE FILING SHALL NOT BE DEEMED COMPLETE UNLESS ACCOMPANIED BY A PAYMENT OF A FEE OF FIFTY DOLLARS. (E) EVERY PHARMACY SWITCH COMPANY'S REGISTRATION SHALL EXPIRE TWELVE MONTHS AFTER THE DATE OF ISSUE. EVERY REGISTRATION ISSUED PURSUANT TO S. 4007 226 A. 3007 THIS SECTION MAY BE RENEWED FOR THE ENSUING PERIOD OF TWELVE MONTHS UPON THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION. (F) BEFORE A PHARMACY SWITCH COMPANY'S REGISTRATION SHALL BE RENEWED, THE PHARMACY SWITCH COMPANY SHALL PROPERLY FILE IN THE OFFICE OF THE SUPERINTENDENT AN APPLICATION FOR RENEWAL IN SUCH FORM AS THE SUPER- INTENDENT PRESCRIBES, AND PAY A FEE OF ONE THOUSAND DOLLARS. (G) IF AN APPLICATION FOR A RENEWAL REGISTRATION SHALL HAVE BEEN FILED WITH THE SUPERINTENDENT AT LEAST ONE MONTH BEFORE ITS EXPIRATION, THEN THE REGISTRATION SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL REGISTRATION APPLIED FOR OR UNTIL FIVE DAYS AFTER THE SUPERINTENDENT SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL REGISTRATION AND GIVEN NOTICE OF SUCH REFUSAL TO THE APPLICANT, OTHERWISE THE REGISTRATION SHALL EXPIRE AND THE REGISTRANT SHALL HAVE NO EXPECTATION OF RENEWAL. § 3009. REQUIRED DISCLOSURES BY PHARMACY SWITCH COMPANIES. (A) EACH SWITCH COMPANY SHALL ANNUALLY DISCLOSE TO THE DEPARTMENT, IN A FORM AND MANNER PRESCRIBED BY THE SUPERINTENDENT, SUCH INFORMATION AS THE SUPER- INTENDENT DEEMS NECESSARY FOR THE PROPER SUPERVISION OF THE INDUSTRY. SUCH INFORMATION SHALL INCLUDE: (1) A LIST OF SERVICES THE SWITCH COMPANY PROVIDES AND THE INDUSTRIES TO WHICH THEY ARE PROVIDED; (2) INFORMATION ON ELECTRONIC VOUCHER SERVICES PROVIDED BY THE SWITCH COMPANY, INCLUDING: (A) A LIST OF MANUFACTURERS THAT THE SWITCH COMPANY HAS CONTRACTS WITH OR FOR WHICH IT TRANSMITS ELECTRONIC VOUCHERS; (B) A LIST OF MEDICATIONS AND THE NATIONAL DRUG CODES (NDCS) FOR WHICH THE SWITCH COMPANY MAY APPLY ELECTRONIC VOUCHERS; AND (C) THE TOTAL AMOUNT OF MONEY COLLECTED FROM MANUFACTURERS RELATED TO TRANSMISSION OF ELECTRONIC VOUCHERS; AND (3) THE NUMBER OF TRANSACTIONS PROCESSED IN THIS STATE AND THE TOTAL AMOUNT OF REVENUE ATTRIBUTABLE TO THOSE TRANSACTIONS. (B) A SWITCH COMPANY SHALL DISCLOSE TO EACH PHARMACY BENEFIT MANAGER WITH WHICH IT DOES BUSINESS ANY INSTANCE IN WHICH AN ELECTRONIC VOUCHER WAS APPLIED IN THE COURSE OF ROUTING THE CLAIM. § 3010. REGISTRATION OF REBATE AGGREGATORS. (A) NO REBATE AGGREGATOR MAY DO BUSINESS IN THIS STATE AFTER SEPTEMBER THIRTIETH, TWO THOUSAND TWENTY-FOUR WITHOUT FIRST REGISTERING WITH THE DEPARTMENT. (B) A REBATE AGGREGATOR SEEKING REGISTRATION SHALL FILE, IN A FORM AND MANNER DETERMINED BY THE SUPERINTENDENT, INFORMATION INCLUDING BUT NOT LIMITED TO: (1) THE LEGAL NAME OF THE ENTITY; (2) ANY TRADE OR OTHER NAMES USED BY THE ENTITY; (3) THE ORGANIZATIONAL STRUCTURE OF THE ENTITY; (4) THE HEALTH PLANS AND THE PHARMACY BENEFIT MANAGERS LICENSED IN THIS STATE FOR WHICH THE ENTITY PROVIDES SERVICES; (5) THE PERSONS WHO EXERCISE CONTROL OF THE ENTITY; (6) A PRIMARY POINT OF CONTACT FOR THE ENTITY; (7) AN AGENT FOR SERVICE OF PROCESS; (8) A SET OF AUDITED FINANCIALS FOR THE PRIOR FISCAL YEAR; AND (9) SUCH OTHER INFORMATION OR DOCUMENTS AS THE SUPERINTENDENT SHALL REQUIRE. (C) THE SUPERINTENDENT SHALL ACCEPT A REGISTRATION ONLY IF HE OR SHE DEEMS THAT ALL THE REQUIRED INFORMATION HAS BEEN PROVIDED IN A SATISFAC- TORY FORM AND HAS RECEIVED PAYMENT OF A NONREFUNDABLE REGISTRATION FEE OF ONE THOUSAND DOLLARS. S. 4007 227 A. 3007 (D) IF ANY OF THE INFORMATION CONTAINED IN THE REGISTRATION SHALL CHANGE THE REBATE AGGREGATOR SHALL NOTIFY THE DEPARTMENT OF THE CHANGE IN A FORM AND MANNER PRESCRIBED BY THE SUPERINTENDENT FOR SUCH PURPOSE WITHIN TWENTY-ONE DAYS OF THE CHANGE. THE REQUIREMENT TO UPDATE SHALL INCLUDE THE FILING OF A NEW SET OF AUDITED FINANCIALS UPON ADOPTION. FOR ANY CHANGE OTHER THAN NEW AUDITED FINANCIALS, THE FILING SHALL NOT BE DEEMED COMPLETE UNLESS ACCOMPANIED BY A PAYMENT OF A FEE OF FIFTY DOLLARS. (E) EVERY REBATE AGGREGATOR'S REGISTRATION SHALL EXPIRE TWELVE MONTHS AFTER THE DATE OF ISSUE. EVERY REGISTRATION ISSUED PURSUANT TO THIS SECTION MAY BE RENEWED FOR THE ENSUING PERIOD OF TWELVE MONTHS UPON THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION. (F) BEFORE A REBATE AGGREGATOR'S REGISTRATION SHALL BE RENEWED, THE REBATE AGGREGATOR SHALL PROPERLY FILE IN THE OFFICE OF THE SUPERINTEN- DENT AN APPLICATION FOR RENEWAL IN SUCH FORM AS THE SUPERINTENDENT PRESCRIBES, AND PAY A FEE OF ONE THOUSAND DOLLARS. (G) IF AN APPLICATION FOR A RENEWAL REGISTRATION SHALL HAVE BEEN FILED WITH THE SUPERINTENDENT AT LEAST ONE MONTH BEFORE ITS EXPIRATION, THEN THE REGISTRATION SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL REGISTRATION APPLIED FOR OR UNTIL FIVE DAYS AFTER THE SUPERINTENDENT SHALL HAVE REFUSED TO ISSUE SUCH RENEWAL REGISTRATION AND GIVEN NOTICE OF SUCH REFUSAL TO THE APPLICANT, OTHERWISE THE REGISTRATION SHALL EXPIRE AND THE REGISTRANT SHALL HAVE NO EXPECTATION OF RENEWAL. § 3011. REQUIRED DISCLOSURES BY REBATE AGGREGATORS. (A) EACH REBATE AGGREGATOR THAT HAS A CONTRACT OR ARRANGEMENT WITH A PHARMACY BENEFIT MANAGER SERVING A HEALTH PLAN SHALL, ON AN ANNUAL BASIS, DISCLOSE IN WRITING TO THE HEALTH PLAN THE FOLLOWING: (1) FEE STRUCTURE PROVISIONS OF ANY CONTRACT OR ARRANGEMENT BETWEEN THE REBATE AGGREGATOR AND PHARMACY BENEFIT MANAGER OR DRUG MANUFACTURER, INCLUDING: (A) FEES COLLECTED FOR AGGREGATING REBATES DUE TO THE HEALTH PLAN; AND (B) SUCH OTHER INFORMATION AS THE SUPERINTENDENT MAY REQUIRE BY REGU- LATION; AND (2) QUANTIFICATION OF INFLATIONARY PAYMENTS, CREDITS, GRANTS, REIMBURSEMENTS, OTHER FINANCIAL OR OTHER REIMBURSEMENTS, INCENTIVES, INDUCEMENTS, REFUNDS OR OTHER BENEFITS RECEIVED BY THE REBATE AGGREGATOR FROM THE DRUG MANUFACTURER AND RETAINED BY THE REBATE AGGREGATOR, WHETH- ER REFERRED TO AS A REBATE, A DISCOUNT, OR OTHERWISE. (B) (1) EACH REBATE AGGREGATOR SHALL, AT THE TIME OF REGISTRATION, DISCLOSE TO THE DEPARTMENT THE EXTENT OF ANY OWNERSHIP OR CONTROL OF THE REBATE AGGREGATOR OR BY THE REBATE AGGREGATOR OF ANY PARENT COMPANY, SUBSIDIARY, OR OTHER AFFILIATED ORGANIZATIONS THAT PROVIDES PHARMACY BENEFIT MANAGEMENT SERVICES. (2) EACH REBATE AGGREGATOR SHALL ON AN ANNUAL BASIS DISCLOSE TO THE DEPARTMENT THE INFORMATION REQUESTED BY THE SUPERINTENDENT, INCLUDING: (A) ANY PAYMENTS MADE TO A REBATE AGGREGATOR BY A DRUG MANUFACTURER RELATING TO A DRUG'S UTILIZATION, INCLUDING INFLATIONARY PAYMENTS, CRED- ITS, GRANTS, REIMBURSEMENTS, OTHER FINANCIAL OR OTHER REIMBURSEMENTS, INCENTIVES, INDUCEMENTS, REFUNDS OR OTHER BENEFITS RECEIVED BY THE REBATE AGGREGATOR, WHETHER REFERRED TO AS A REBATE, A DISCOUNT, OR OTHERWISE; (B) ANY PAYMENTS MADE, INCLUDING THOSE DESCRIBED IN SUBPARAGRAPH (A) OF THIS PARAGRAPH AND SUBSEQUENTLY RETAINED BY A REBATE AGGREGATOR; (C) ANY FEES CHARGED BY THE REBATE AGGREGATOR TO THE PHARMACY BENEFIT MANAGER OR DRUG MANUFACTURER RELATING TO A DRUG'S UTILIZATION; S. 4007 228 A. 3007 (D) ANY PAYMENTS MADE TO A REBATE AGGREGATOR FROM A PROGRAM ADMINIS- TERED BY A DRUG MANUFACTURER FOR THE PURPOSE OF ASSISTING PATIENTS WITH THE COST OF PRESCRIPTION DRUGS, INCLUDING COPAYMENT ASSISTANCE PROGRAMS, DISCOUNT CARDS, AND COUPONS; AND (E) THE TERMS AND CONDITIONS OF ANY CONTRACT OR ARRANGEMENT BETWEEN THE REBATE AGGREGATOR AND A PHARMACY BENEFIT MANAGER OR DRUG MANUFACTUR- ER. § 3012. DEPOSIT OF PENALTIES AND FEES. PENALTIES AND FEES COLLECTED PURSUANT TO THIS ARTICLE SHALL BE DEPOSITED INTO THE PHARMACY BENEFIT MANAGER REGULATORY FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-OO OF THE STATE FINANCE LAW. § 4. Subdivision 3 of section 99-oo of the state finance law, as added by chapter 128 of the laws of 2022, is amended to read as follows: 3. Such fund shall consist of money received by the state as fees under [article] ARTICLES twenty-nine AND THIRTY of the insurance law or penalties ordered under [article] ARTICLES twenty-nine AND THIRTY of the insurance law and all other monies appropriated, credited, or trans- ferred thereto from any other fund or source pursuant to law. All monies shall remain in such fund unless and until directed by statute or appro- priation. § 5. This act shall take effect on the one hundred fiftieth day after it shall have become a law. SUBPART C Section 1. Subdivision 9 of section 2807-k of the public health law, as amended by section 17 of part B of chapter 60 of the laws of 2014, is amended to read as follows: 9. In order for a general hospital to participate in the distribution of funds from the pool, the general hospital must implement minimum collection policies and procedures approved by the commissioner, UTILIZ- ING ONLY A UNIFORM FINANCIAL ASSISTANCE FORM DEVELOPED AND PROVIDED BY THE DEPARTMENT. § 2. This act shall take effect April 1, 2024. SUBPART D Section 1. Legislative findings. The legislature finds that it is in the best interest of the people of this state to expand article 77 of the insurance law to protect insureds and health care providers against the failure or inability of a health or property/casualty insurer writ- ing health insurance to perform its contractual obligations due to financial impairment or insolvency. The superintendent of financial services has the right and responsibility to enforce the insurance law and the authority to seek redress against any person responsible for the impairment or insolvency of the insurer, and nothing in this act is intended to restrict or limit such right, responsibility, or authority. § 2. The article heading of article 77 of the insurance law, as added by chapter 802 of the laws of 1985, is amended to read as follows: THE LIFE AND HEALTH INSURANCE COMPANY GUARANTY CORPORATION OF NEW YORK ACT § 3. Section 7701 of the insurance law, as added by chapter 802 of the laws of 1985, is amended to read as follows: S. 4007 229 A. 3007 § 7701. Short title. This article shall be known and may be cited as "The Life AND HEALTH Insurance Company Guaranty Corporation of New York Act". § 4. Section 7702 of the insurance law, as amended by chapter 454 of the laws of 2014, is amended to read as follows: § 7702. Purpose. The purpose of this article is to provide funds to protect policy owners, insureds, HEALTH CARE PROVIDERS, beneficiaries, annuitants, payees and assignees of life insurance policies, health insurance policies, annuity contracts, funding agreements and supple- mental contracts issued by life insurance companies, HEALTH INSURANCE COMPANIES, AND PROPERTY/CASUALTY INSURANCE COMPANIES, subject to certain limitations, against failure in the performance of contractual obli- gations due to the impairment or insolvency of the insurer issuing such policies, contracts, or funding agreements. In the judgment of the legislature, the foregoing objects and purposes not being capable of accomplishment by a corporation created under general laws, the creation of a not-for-profit corporation of insurers is provided for by this article to enable the guarantee of payment of benefits and of continua- tion of coverages, and members of the corporation are subject to assess- ment to carry out the purposes of this article. § 5. Paragraphs 1 and 2 of subsection (a) of section 7703 of the insurance law, as added by chapter 454 of the laws of 2014, are amended to read as follows: (1) This article shall apply to direct life insurance policies, health insurance policies, annuity contracts, funding agreements, and supple- mental contracts issued by a life insurance company, HEALTH INSURANCE COMPANY, OR PROPERTY/CASUALTY INSURANCE COMPANY licensed to transact life or health insurance or annuities in this state at the time the policy, contract, or funding agreement was issued or on the date of entry of a court order of liquidation or rehabilitation with respect to such a company that is an impaired or insolvent insurer, as the case may be. (2) Except as otherwise provided in this section, this article shall apply to the policies, contracts, and funding agreements specified in paragraph one of this subsection with regard to a person who is: (A) an owner or certificate holder under a policy, contract, or fund- ing agreement and in each case who: (i) is a resident OF THIS STATE; or (ii) is not a resident OF THIS STATE, but only under all of the following conditions: (I) (AA) the insurer that issued the policy, contract, or agreement is domiciled in this state; OR (BB) THE INSURER THAT ISSUED THE POLICY, CONTRACT, OR AGREEMENT IS DOMICILED OUTSIDE THIS STATE AND THE INSURER DELIVERED OR ISSUED FOR DELIVERY THE POLICY, CONTRACT, OR AGREEMENT IN THIS STATE; PROVIDED, HOWEVER, THAT FOR THE PURPOSE OF THIS SUBITEM, ANY CERTIFICATE ISSUED TO AN INDIVIDUAL UNDER ANY GROUP OR BLANKET POLICY OR CONTRACT DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE SHALL BE CONSIDERED TO HAVE BEEN DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE; (II) the state or states in which the person resides has or have a guaranty entity similar to the corporation created by this article; and (III) the person is not eligible for coverage by a guaranty entity in any other state because the insurer was not licensed or authorized in that state at the time specified in that state's guaranty entity law; [or] S. 4007 230 A. 3007 (B) the beneficiary, assignee, or payee of the person specified in subparagraph (A) of this paragraph, regardless of where the person resides; OR (C) A HEALTH CARE PROVIDER THAT HAS RENDERED SERVICES TO A PERSON SPECIFIED IN SUBPARAGRAPH (A) OF THIS PARAGRAPH. § 6. Subsections (c), (d), (e), (h), and (i) of section 7705 of the insurance law, subsections (c), (e) and (i) as added by chapter 802 of the laws of 1985 and subsections (d) and (h) as amended by chapter 454 of the laws of 2014, are amended and a new subsection (m) is added to read as follows: (c) "Corporation" means The Life AND HEALTH Insurance Company Guaranty Corporation of New York created under section seven thousand seven hundred six of this article unless the context otherwise requires. (d) "Covered policy" means any of the kinds of insurance specified in paragraph one, two or three of subsection (a) of section one thousand one hundred thirteen of this chapter, any supplemental contract, or any funding agreement referred to in section three thousand two hundred twenty-two of this chapter, or any portion or part thereof, within the scope of this article under section seven thousand seven hundred three of this article, except that any certificate issued to an individual under any group OR BLANKET policy or contract shall be considered to be a separate covered policy for purposes of section seven thousand seven hundred eight of this article. (e) "Health insurance" means the kinds of insurance specified under items (i) and (ii) of paragraph three AND PARAGRAPH THIRTY-ONE of subsection (a) of section one thousand one hundred thirteen of this chapter, AND SECTION ONE THOUSAND ONE HUNDRED SEVENTEEN OF THIS CHAPTER; MEDICAL EXPENSE INDEMNITY, DENTAL EXPENSE INDEMNITY, HOSPITAL SERVICE, OR HEALTH SERVICE UNDER ARTICLE FORTY-THREE OF THIS CHAPTER; AND COMPRE- HENSIVE HEALTH SERVICES UNDER ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW. "HEALTH INSURANCE" SHALL NOT INCLUDE HOSPITAL, MEDICAL, SURGICAL, PRESCRIPTION DRUG, OR OTHER HEALTH CARE BENEFITS PURSUANT TO: (1) PART C OF TITLE XVIII OF THE SOCIAL SECURITY ACT (42 U.S.C. § 1395W-21 ET SEQ.) OR PART D OF TITLE XVIII OF THE SOCIAL SECURITY ACT (42 U.S.C. § 1395W-101 ET SEQ.), COMMONLY KNOWN AS MEDICARE PARTS C AND D, OR ANY REGULATIONS PROMULGATED THEREUNDER; (2) TITLES XIX AND XXI OF THE SOCIAL SECURITY ACT (42 U.S.C. § 1396 ET SEQ.), COMMONLY KNOWN AS THE MEDICAID AND CHILD HEALTH INSURANCE PROGRAMS, OR ANY REGULATIONS PROMULGATED THEREUNDER; OR (3) THE BASIC HEALTH PROGRAM UNDER SECTION THREE HUNDRED SIXTY-NINE-GG OF THE SOCIAL SERVICES LAW. (h) (1) "Member insurer" means: (A) any life insurance company licensed to transact in this state any kind of insurance to which this article applies under section seven thousand seven hundred three of this article; provided, however, that the term "member insurer" also means any life insurance company formerly licensed to transact in this state any kind of insurance to which this article applies under section seven thousand seven hundred three of this article; AND (B) AN INSURER LICENSED OR FORMERLY LICENSED TO WRITE ACCIDENT AND HEALTH INSURANCE OR SALARY PROTECTION INSURANCE IN THIS STATE, CORPO- RATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, RECIP- ROCAL INSURER ORGANIZED PURSUANT TO ARTICLE SIXTY-ONE OF THIS CHAPTER, COOPERATIVE PROPERTY/CASUALTY INSURANCE COMPANY OPERATING UNDER OR SUBJECT TO ARTICLE SIXTY-SIX OF THIS CHAPTER, NONPROFIT PROPERTY/CASUALTY INSURANCE COMPANY ORGANIZED PURSUANT TO ARTICLE SIXTY-SEVEN OF THIS CHAPTER, AND HEALTH MAINTENANCE ORGANIZATION CERTI- S. 4007 231 A. 3007 FIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW, WHICH IS NOT A MEMBER OF, OR PARTICIPANT IN, THE FUND OR CORPORATION CREATED PURSUANT TO ARTICLE SEVENTY-FIVE OR SEVENTY-SEVEN OF THIS CHAPTER. (2) "MEMBER INSURER" SHALL NOT INCLUDE A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN ESTABLISHED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAP- TER, AN EMPLOYEE WELFARE FUND REGISTERED UNDER ARTICLE FORTY-FOUR OF THIS CHAPTER, A FRATERNAL BENEFIT SOCIETY ORGANIZED UNDER ARTICLE FORTY-FIVE OF THIS CHAPTER, AN INSTITUTION OF HIGHER EDUCATION WITH A CERTIFICATE OF AUTHORITY UNDER SECTION ONE THOUSAND ONE HUNDRED TWENTY- FOUR OF THIS CHAPTER, OR A CONTINUING CARE RETIREMENT COMMUNITY WITH A CERTIFICATE OF AUTHORITY UNDER ARTICLE FORTY-SIX OR FORTY-SIX-A OF THE PUBLIC HEALTH LAW. (i) "Premiums" means direct gross insurance premiums and annuity and funding agreement considerations received on covered policies, less return premiums and considerations thereon and dividends paid or credit- ed to policyholders OR CONTRACT HOLDERS on such direct business, subject to such modifications as the superintendent may establish by regulation or order as necessary to facilitate the equitable administration of this article. Premiums do not include premiums and considerations on contracts between insurers and reinsurers. For the purposes of determin- ing the assessment for an insurer under this article, the term "premi- ums", with respect to a group annuity contract (or portion of any such contract) that does not guarantee annuity benefits to any specific indi- vidual identified in the contract and with respect to any funding agree- ment issued to fund benefits under any employee benefit plan, means the lesser of one million dollars or the premium attributable to that portion of such group contract that does not guarantee benefits to any specific individuals or such agreements that fund benefits under any employee benefit plan. (M) "LONG-TERM CARE INSURANCE" MEANS AN INSURANCE POLICY, RIDER, OR CERTIFICATE ADVERTISED, MARKETED, OFFERED, OR DESIGNED TO PROVIDE COVER- AGE, SUBJECT TO ELIGIBILITY REQUIREMENTS, FOR NOT LESS THAN TWENTY-FOUR CONSECUTIVE MONTHS FOR EACH COVERED PERSON ON AN EXPENSE INCURRED, INDEMNITY, PREPAID OR OTHER BASIS AND PROVIDES AT LEAST THE BENEFITS SET FORTH IN PART FIFTY-TWO OF TITLE ELEVEN OF THE OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THIS STATE. § 7. Subsection (a) of section 7706 of the insurance law, as added by chapter 802 of the laws of 1985, is amended to read as follows: (a) There is created a not-for-profit corporation to be known as "The Life AND HEALTH Insurance Company Guaranty Corporation of New York". To the extent that the provisions of the not-for-profit corporation law do not conflict with the provisions of this article or the plan of opera- tion of the corporation hereunder the not-for-profit corporation law shall apply to the corporation and the corporation shall be a type C corporation pursuant to the not-for-profit corporation law. If an appli- cable provision of this article or the plan of operation of the corpo- ration hereunder relates to a matter embraced in a provision of the not-for-profit corporation law but is not in conflict therewith, both provisions shall apply. All member insurers shall be and remain members of the corporation as a condition of their authority to transact insur- ance in this state. The corporation shall perform its functions under the plan of operation established and approved under section seven thou- sand seven hundred ten of this article and shall exercise its powers through a board of directors established under section seven thousand seven hundred seven of this article. For purposes of administration and assessment the corporation shall maintain two accounts: S. 4007 232 A. 3007 (1) the health insurance account; and (2) the life insurance, annuity and funding agreement account. § 8. Subsection (d) of section 7707 of the insurance law, as added by chapter 802 of the laws of 1985, is amended to read as follows: (d) The superintendent shall be ex-officio [chairman] CHAIR of the board of directors but shall not be entitled to vote. § 9. Paragraph 7 of subsection (h) of section 7708 of the insurance law, as amended by chapter 454 of the laws of 2014, is amended to read as follows: (7) exercise, for the purposes of this article and to the extent approved by the superintendent, the powers of a domestic life, HEALTH, OR PROPERTY/CASUALTY insurance company, but in no case may the corpo- ration issue insurance policies OR CONTRACTS or annuity contracts other than those issued to perform the contractual obligations of the impaired or insolvent insurer; § 10. Paragraph 2 of subsection (c) of section 7709 of the insurance law, as added by chapter 802 of the laws of 1985, is amended to read as follows: (2) The amount of any class B or class C assessment, EXCEPT FOR ASSESSMENTS RELATED TO LONG-TERM CARE INSURANCE, shall be allocated for assessment purposes among the accounts in the proportion that the premi- ums received by the impaired or insolvent insurer on the policies or contracts covered by each account for the last calendar year preceding the assessment in which the impaired or insolvent insurer received premiums bears to the premiums received by such insurer for such calen- dar year on all covered policies. THE AMOUNT OF ANY CLASS B OR CLASS C ASSESSMENT FOR LONG-TERM CARE INSURANCE WRITTEN BY THE IMPAIRED OR INSOLVENT INSURER SHALL BE ALLOCATED ACCORDING TO A METHODOLOGY INCLUDED IN THE PLAN OF OPERATION AND APPROVED BY THE SUPERINTENDENT. THE METH- ODOLOGY SHALL PROVIDE FOR FIFTY PERCENT OF THE ASSESSMENT TO BE ALLO- CATED TO A HEALTH INSURANCE COMPANY MEMBER INSURER AND FIFTY PERCENT TO BE ALLOCATED TO A LIFE INSURANCE COMPANY MEMBER INSURER; PROVIDED, HOWEVER, THAT A PROPERTY/CASUALTY INSURER THAT WRITES HEALTH INSURANCE SHALL BE CONSIDERED A HEALTH INSURANCE COMPANY MEMBER FOR THIS PURPOSE. Class B and class C assessments against member insurers for each account shall be in the proportion that the premiums received on business in this state by each assessed member insurer on policies covered by each account for the three calendar years preceding the assessment bears to such premiums received on business in this state for such calendar years by all assessed member insurers. § 11. Subsection (a) of section 7712 of the insurance law, as added by chapter 802 of the laws of 1985, is amended to read as follows: (a) The superintendent shall annually, within six months following the close of each calendar year, furnish to the commissioner of taxation and finance and the director of the division of the budget a statement of operations for the life insurance guaranty corporation and the life AND HEALTH insurance company guaranty corporation of New York. Such state- ment shall show the assessments, less any refunds or reimbursements thereof, paid by each insurance company pursuant to the provisions of article seventy-five or section seven thousand seven hundred nine of this article, for the purposes of meeting the requirements of this chap- ter. Each statement, starting with the statement furnished in the year nineteen hundred eighty-six and ending with the statement furnished in the year two thousand, shall show the annual activity for every year commencing from nineteen hundred eighty-five through the most recently completed year. Each statement furnished in each year after the year two S. 4007 233 A. 3007 thousand shall reflect such assessments paid during the preceding fifteen calendar years. The superintendent shall also furnish a copy of such statement to each such insurance company. § 12. Subsections (a), (d), and (g) of section 7719 of the insurance law, as added by chapter 454 of the laws of 2014, are amended to read as follows: (a) The corporation may incorporate one or more not-for-profit corpo- rations, known as a resolution facility, in connection with the liqui- dation of an insolvent domestic life insurance company, HEALTH INSURANCE COMPANY, OR PROPERTY/CASUALTY INSURANCE COMPANY under article seventy- four of this chapter for the purpose of administering and disposing of the business of the insolvent [domestic life] insurance company. (d) A resolution facility may: (1) guarantee, assume, or reinsure, or cause to be guaranteed, assumed, or reinsured, the covered policies, or arrange for replacement by policies found by the superintendent to be substantially similar to the covered policies; (2) exercise, for the purposes of this article and to the extent approved by the superintendent, the powers of a domestic life insurance company, HEALTH INSURANCE COMPANY, OR PROPERTY/CASUALTY INSURANCE COMPA- NY but in no case may the resolution facility issue insurance policies, annuity contracts, funding agreements, or supplemental contracts other than those issued to perform the contractual obligations of the impaired or insolvent insurer; (3) assure payment of the contractual obligations of the insolvent insurer; and (4) provide such moneys, pledges, notes, guarantees, or other means as are reasonably necessary to discharge its duties. (g) (1) If the superintendent determines that the resolution facility is not administering and disposing of the business of an insolvent domestic life insurance company, HEALTH INSURANCE COMPANY, OR PROPERTY/CASUALTY INSURANCE COMPANY consistent with the resolution facility's certificate of incorporation, plan of operation, or this section, then the superintendent shall provide notice to the resolution facility and the resolution facility shall have thirty days to respond to the superintendent and cure the defect. (2) If, after thirty days, the superintendent continues to believe that the resolution facility is not administering and disposing of the business of an insolvent domestic life insurance company, HEALTH INSUR- ANCE COMPANY, OR PROPERTY/CASUALTY INSURANCE COMPANY consistent with the resolution facility's certificate of incorporation, plan of operation, or this section, then the superintendent may apply to the court for an order directing the resolution facility to correct the defect or take other appropriate actions. § 13. The insurance law is amended by adding a new section 7720 to read as follows: § 7720. PENALTIES. (A) IF ANY MEMBER INSURER FAILS TO MAKE ANY PAYMENT REQUIRED BY THIS ARTICLE, OR IF THE SUPERINTENDENT HAS CAUSE TO BELIEVE THAT ANY OTHER STATEMENT FILED IS FALSE OR INACCURATE IN ANY PARTICULAR, OR THAT ANY PAYMENT MADE IS INCORRECT, THE SUPERINTENDENT MAY EXAMINE ALL THE BOOKS AND RECORDS OF THE MEMBER INSURER TO ASCERTAIN THE FACTS AND DETERMINE THE CORRECT AMOUNT TO BE PAID. BASED ON SUCH FINDING, THE CORPORATION MAY PROCEED IN ANY COURT OF COMPETENT JURISDICTION TO RECOVER FOR THE BENEFIT OF THE FUND ANY SUMS SHOWN TO BE DUE UPON SUCH EXAMINATION AND DETERMINATION. S. 4007 234 A. 3007 (B) ANY MEMBER INSURER THAT FAILS TO MAKE ANY SUCH REQUIRED STATEMENT, OR TO MAKE ANY PAYMENT TO THE FUND WHEN DUE, SHALL FORFEIT TO THE CORPO- RATION FOR DEPOSIT IN THE FUND A PENALTY OF FIVE PERCENT OF THE AMOUNT DETERMINED TO BE DUE PLUS ONE PERCENT OF SUCH AMOUNT FOR EACH MONTH OF DELAY, OR FRACTION THEREOF, AFTER THE EXPIRATION OF THE FIRST MONTH OF SUCH DELAY. IF SATISFIED THAT THE DELAY WAS EXCUSABLE, THE CORPORATION MAY REMIT ALL OR ANY PART OF THE PENALTY. (C) THE SUPERINTENDENT, IN THE SUPERINTENDENT'S DISCRETION, MAY REVOKE THE CERTIFICATE OF AUTHORITY TO DO BUSINESS IN THIS STATE OF ANY FOREIGN MEMBER INSURER THAT FAILS TO COMPLY WITH THIS ARTICLE OR TO PAY ANY PENALTY IMPOSED HEREUNDER. § 14. The insurance law is amended by adding a new section 3245 to read as follows: § 3245. LIABILITY TO PROVIDERS IN THE EVENT OF AN INSOLVENCY. IN THE EVENT AN INSURANCE COMPANY AUTHORIZED TO DO AN ACCIDENT AND HEALTH INSURANCE BUSINESS IN THIS STATE IS DEEMED INSOLVENT, AS PROVIDED IN SECTION ONE THOUSAND THREE HUNDRED NINE OF THIS CHAPTER, NO INSURED COVERED UNDER A POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE BY THE INSURANCE COMPANY SHALL BE LIABLE TO ANY PROVIDER OF HEALTH CARE SERVICES FOR ANY COVERED SERVICES OF THE INSOLVENT INSURANCE COMPANY. NO PROVIDER OF HEALTH CARE SERVICES OR ANY REPRESENTATIVE OF SUCH PROVIDER SHALL COLLECT OR ATTEMPT TO COLLECT FROM THE INSURED SUMS OWED BY SUCH INSURANCE COMPANY, AND NO PROVIDER OR REPRESENTATIVE OF SUCH PROVIDER MAY MAINTAIN ANY ACTION AT LAW AGAINST AN INSURED TO COLLECT SUMS OWED TO SUCH PROVIDER BY SUCH INSURANCE COMPANY. § 15. 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 Subparts A through D of this act shall be as specifically set forth in the last section of such Subparts. PART Z Section 1. Subdivisions 7 and 8 of section 4656 of the public health law, as added by chapter 2 of the laws of 2004, are renumbered subdivi- sions 8 and 9 and a new subdivision 7 is added to read as follows: 7. ASSISTED LIVING QUALITY IMPROVEMENT STANDARDS. (A) ALL ASSISTED LIVING RESIDENCES, AS DEFINED IN SUBDIVISION ONE OF SECTION FORTY-SIX HUNDRED FIFTY-ONE OF THIS ARTICLE, INCLUDING THOSE LICENSED AND CERTI- FIED AS AN ASSISTED LIVING RESIDENCE, SPECIAL NEEDS ASSISTED LIVING RESIDENCE, OR ENHANCED ASSISTED LIVING RESIDENCE, SHALL: (I) REPORT ANNUALLY ON QUALITY MEASURES TO BE ESTABLISHED BY THE DEPARTMENT, IN THE FORM AND FORMAT PRESCRIBED BY THE DEPARTMENT, WITH THE FIRST REPORT DUE NO LATER THAN JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR; AND (II) POST THE MONTHLY SERVICE RATE, STAFFING COMPLEMENT, APPROVED ADMISSION OR RESIDENCY AGREEMENT, AND A CONSUMER-FRIENDLY SUMMARY OF ALL SERVICE FEES IN A CONSPICUOUS PLACE ON THE FACILITY'S WEBSITE AND IN A S. 4007 235 A. 3007 PUBLIC SPACE WITHIN THE FACILITY. SUCH INFORMATION SHALL BE MADE AVAIL- ABLE TO THE PUBLIC ON FORMS DEVELOPED BY THE DEPARTMENT. BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, THIS INFORMATION SHALL ALSO BE REPORTED TO THE DEPARTMENT. (B) THE DEPARTMENT SHALL SCORE THE RESULTS OF THE ASSISTED LIVING QUALITY REPORTING OBTAINED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI- SION. TOP SCORING FACILITIES SHALL BE GRANTED THE CLASSIFICATION OF ADVANCED STANDING ON THEIR ANNUAL SURVEILLANCE SCHEDULES. (I) NOTWITHSTANDING SUBPARAGRAPH ONE OF PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION FOUR HUNDRED SIXTY-ONE-A OF THE SOCIAL SERVICES LAW, FACILITIES ACHIEVING AN ADVANCED STANDING CLASSIFICATION SHALL BE SURVEYED EVERY TWELVE TO EIGHTEEN MONTHS. ALL OTHER FACILITIES SHALL BE SURVEYED ON AN UNANNOUNCED BASIS NO LESS THAN ANNUALLY; PROVIDED, HOWEV- ER, THAT THIS SHALL NOT APPLY TO SURVEYS, INSPECTIONS OR INVESTIGATIONS BASED ON COMPLAINTS RECEIVED BY THE DEPARTMENT UNDER ANY OTHER PROVISION OF LAW. (II) FACILITIES MAY REMAIN ON ADVANCED STANDING CLASSIFICATION PROVIDED THEY MEET THE SCORING REQUIREMENTS IN ASSISTED LIVING QUALITY REPORTING. (C) (I) EFFECTIVE JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, THE DEPARTMENT MAY POST ON ITS WEBSITE THE RESULTS OF THE ASSISTED LIVING QUALITY REPORTING, COLLECTED PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION. § 2. Subparagraph 1 of paragraph (a) of subdivision 2 of section 461-a of the social services law, as amended by chapter 735 of the laws of 1994, is amended and a new subparagraph (1-a) is added to read as follows: (1) Such facilities receiving the department's highest rating shall be inspected at least once every eighteen months on an unannounced basis. SUCH RATING DETERMINATION SHALL BE MADE PURSUANT TO AN EVALUATION OF QUALITY INDICATORS AS DEVELOPED BY THE DEPARTMENT AND PUBLISHED ON THE DEPARTMENT'S WEBSITE. (1-A) (I) ADULT CARE FACILITIES DUALLY LICENSED TO PROVIDE ASSISTED LIVING PURSUANT TO THE REQUIREMENTS SPECIFIED IN SECTION FORTY-SIX HUNDRED FIFTY-THREE OF THE PUBLIC HEALTH LAW MAY SEEK ACCREDITATION BY ONE OR MORE NATIONALLY RECOGNIZED ACCREDITING AGENCIES DETERMINED BY THE COMMISSIONER. (II) SUCH ACCREDITATION AGENCIES SHALL REPORT DATA AND INFORMATION, IN A MANNER AND FORM AS DETERMINED BY THE DEPARTMENT, PERTAINING TO THOSE ASSISTED LIVING RESIDENCES ACCREDITED BY SUCH AGENCIES, THOSE ASSISTED LIVING RESIDENCES THAT SEEK BUT DO NOT RECEIVE SUCH ACCREDITATION, AND THOSE ASSISTED LIVING RESIDENCES WHICH OBTAIN BUT LOSE SUCH ACCREDI- TATION. (III) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARA- GRAPH, OR ANY OTHER PROVISION OF LAW, ASSISTED LIVING RESIDENCES WHICH HAVE OBTAINED ACCREDITATION FROM A NATIONALLY RECOGNIZED ACCREDITATION ORGANIZATION APPROVED BY THE DEPARTMENT AND WHICH MEET ELIGIBILITY CRITERIA, AS DETERMINED BY THE DEPARTMENT, MAY, AT THE DISCRETION OF THE COMMISSIONER, BE EXEMPT FROM DEPARTMENT INSPECTION REQUIRED IN THIS SUBDIVISION FOR THE DURATION THEY MAINTAIN THEIR ACCREDITATION IN GOOD STANDING. THE OPERATOR OF AN ADULT CARE FACILITY THAT OBTAINS BUT SUBSE- QUENTLY LOSES ACCREDITATION SHALL REPORT SUCH LOSS TO THE DEPARTMENT WITHIN TEN BUSINESS DAYS IN A MANNER AND FORM DETERMINED BY THE DEPART- MENT AND WILL NO LONGER BE EXEMPT FROM THE DEPARTMENT INSPECTION REQUIRED IN THIS SUBDIVISION. THE DEPARTMENT SHALL POST ON ITS WEBSITE A LIST OF ALL ACCREDITED ASSISTED LIVING RESIDENCES. S. 4007 236 A. 3007 § 3. This act shall take effect on the one hundred twentieth day after it shall have become a law. PART AA Section 1. Section 3 of chapter 425 of the laws of 2013, amending the public health law relating to requiring hospitals to offer hepatitis C testing, as amended by chapter 284 of the laws of 2019, is amended to read as follows: § 3. 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 expire and be deemed repealed January 1, 2026; provided, however, that the commis- sioner of health is authorized to adopt rules and regulations necessary to implement this act prior to such effective date]. § 2. Subdivisions 1 and 2 of section 2171 of the public health law, as added by chapter 425 of the laws of 2013, are amended to read as follows: 1. Every individual [born between the years of nineteen hundred forty-five and nineteen hundred sixty-five] AGE EIGHTEEN AND OLDER (OR YOUNGER THAN EIGHTEEN IF THERE IS EVIDENCE OR INDICATION OF RISK ACTIV- ITY) who receives health services as an inpatient OR in THE EMERGENCY DEPARTMENT OF a general hospital defined in subdivision ten of section twenty-eight hundred one of this chapter or who receives primary care services in an outpatient department of such hospital or in a diagnostic and treatment center licensed under article twenty-eight of this chapter or from a physician, physician assistant [or], nurse practitioner OR MIDWIFE providing primary care shall be offered a hepatitis C screening test [or hepatitis C diagnostic test] unless the health care practition- er providing such services reasonably believes that: (a) the individual is being treated for a life threatening emergency; or (b) the individual has previously been offered or has been the subject of a hepatitis C screening test (except that a test shall be offered if otherwise indicated); or (c) the individual lacks capacity to consent to a hepatitis C screen- ing test. 2. If an individual accepts the offer of a hepatitis C screening test and the screening test is reactive, [the] AN HCV RNA TEST MUST BE PERFORMED, ON THE SAME SPECIMEN OR A SECOND SPECIMEN COLLECTED AT THE SAME TIME AS THE INITIAL HCV SCREENING TEST SPECIMEN, TO CONFIRM DIAGNO- SIS OF CURRENT INFECTION. THE health care provider shall either offer [the individual] ALL PERSONS WITH A DETECTABLE HCV RNA TEST follow-up HCV health care AND TREATMENT or refer the individual to a health care provider who can provide follow-up HCV health care AND TREATMENT. [The follow-up health care shall include a hepatitis C diagnostic test.] § 3. The public health law is amended by adding a new section 2500-l to read as follows: § 2500-L. PREGNANT PEOPLE, BLOOD TEST FOR HEPATITIS C VIRUS (HCV); FOLLOW-UP CARE. 1. EVERY PHYSICIAN OR OTHER AUTHORIZED PRACTITIONER ATTENDING A PREGNANT PERSON IN THE STATE SHALL ORDER A HEPATITIS C VIRUS (HCV) SCREENING TEST AND IF THE TEST IS REACTIVE, AN HCV RNA TEST MUST BE PERFORMED ON THE SAME SPECIMEN, OR A SECOND SPECIMEN COLLECTED AT THE SAME TIME AS THE INITIAL HCV SCREENING TEST SPECIMEN, TO CONFIRM DIAGNO- SIS OF CURRENT INFECTION. THE HEALTH CARE PROVIDER SHALL EITHER OFFER ALL PERSONS WITH A DETECTABLE HCV RNA TEST FOLLOW-UP HCV HEALTH CARE AND S. 4007 237 A. 3007 TREATMENT OR REFER THE INDIVIDUAL TO A HEALTH CARE PROVIDER WHO CAN PROVIDE FOLLOW-UP HCV HEALTH CARE AND TREATMENT. 2. THE PHYSICIAN OR OTHER AUTHORIZED PRACTITIONER ATTENDING A PREGNANT PERSON SHALL RECORD THE HCV TEST RESULTS PROMINENTLY IN THE PREGNANT PERSON'S MEDICAL RECORD AT OR BEFORE THE TIME OF HOSPITAL ADMISSION FOR DELIVERY. 3. THE COMMISSIONER MAY PROMULGATE SUCH RULES AND REGULATIONS AS ARE NECESSARY TO CARRY OUT THE REQUIREMENTS OF THIS SECTION. § 4. The section heading of section 2308 of the public health law, as amended by section 37 of part E of chapter 56 of the laws of 2013, is amended to read as follows: Sexually transmitted disease; pregnant [women] PERSONS; blood test for syphilis. § 5. 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] PERSONS in the state shall in the case of every [woman] PERSON so attended take or cause to be taken a sample of blood of such [woman] PERSON 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. § 6. This act shall take effect immediately; provided, however that sections two, three, four and five shall take effect one year after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART BB Section 1. Paragraphs 59 and 61 of subdivision (b) of schedule I of section 3306 of the public health law, as added by section 2 of part CC of chapter 56 of the laws of 2020, are amended and 30 new paragraphs 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99 and 100 are added to read as follows: (59) [N-{1-{2-hydroxy-2-(thiophen-2-yl)ethyl}piperidin-4-yl}-N-phenylp- ropionamide] N-{1-{2-HYDROXY-2-(THIOPHEN-2-YL)ETHYL}PIPERIDIN-4-YL}-N- PHENYL PROPIONAMIDE. Other name: Beta-Hydroxythiofentanyl. (61) [3,4-Dichloro-N-{2-(dimethylamino)cyclohexyl}-N-methylbenzamide] 3,4-DICHLORO-N-{2-(DIMETHYLAMINO)CYCLOHEXYL}-N-METHYLBENZAMIDE. Other name: U-47700. (71) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLPENTANAMIDE. OTHER NAME: VALERYL FENTANYL. (72) N-(4-METHOXYPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)BUTYRAMIDE. OTHER NAME: PARA-METHOXYBUTYRYL FENTANYL. (73) N-(4-CHLOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ISOBUTYRAMIDE. OTHER NAME: PARA-CHLOROISOBUTYRYL FENTANYL. (74) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLISOBUTYRAMIDE. OTHER NAME: ISOBUTYRYL FENTANYL. (75) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLCYCLOPENTANECARBOXAMIDE. OTHER NAME: CYCLOPENTYL FENTANYL. S. 4007 238 A. 3007 (76) (E)-N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLBUT-2-ENAMIDE. OTHER NAME: CROTONYL FENTANYL. (77) N-(1-(2-FLUOROPHENETHYL)PIPERIDIN-4-YL)-N-(2-FLUOROPHENYL) PROPIONAMIDE. OTHER NAMES: 2'-FLUORO ORTHO-FLUOROFENTANYL; 2'-FLUORO 2-FLUOROFENTANYL. (78) N-(2-METHYLPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ACETAMIDE. OTHER NAMES: ORTHO-METHYL ACETYLFENTANYL; 2-METHYL ACETYLFENTANYL. (79) N-(1-PHENETHYLPIPERIDIN-4-YL)-N, 3-DIPHENYLPROPANAMIDE. OTHER NAMES: BETA'-PHENYL FENTANYL; BETA'-PHENYL FENTANYL; 3-PHENYLPROPANOYL FENTANYL. (80) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLTHIOPHENE-2-CARBOXAMIDE. OTHER NAMES: THIOFURANYL FENTANYL; 2-THIOFURANYL FENTANYL; THIOPHENE FENTANYL. (81) N-PHENYL-N-(1-(2-PHENYLPROPYL)PIPERIDIN-4-YL)PROPIONAMIDE. OTHER NAMES: BETA-METHYL FENTANYL; BETA-METHYL FENTANYL. (82) N-(2-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)BUTYRAMIDE. OTHER NAMES: ORTHO-FLUOROBUTYRYL FENTANYL; 2-FLUOROBUTYRYL FENTANYL. (83) N-(1-(4-METHYLPHENETHYL)PIPERIDIN-4-YL)-N-PHENYLACETAMIDE. OTHER NAME: 4'-METHYL ACETYL FENTANYL. (84) 2-METHOXY-N-(2-METHYLPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ACETAMIDE. OTHER NAMES: ORTHO-METHYL METHOXYACETYLFENTANYL; 2-METHYL METHOXYACETYL FENTANYL. (85) N-(4-METHYLPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)PROPIONAMIDE. OTHER NAMES: PARA-METHYLFENTANYL; 4-METHYLFENTANYL. (86) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLBENZAMIDE. OTHER NAMES: PHENYL FENTANYL; BENZOYL FENTANYL. (87) ETHYL (1-PHENETHYLPIPERIDIN-4-YL)(PHENYL)CARBAMATE. OTHER NAME: FENTANYL CARBAMATE. (88) N-(2-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ACRYLAMIDE. OTHER NAME: ORTHO-FLUOROACRYL FENTANYL. (89) N-(2-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ISOBUTYRAMIDE. OTHER NAME: ORTHO-FLUOROISOBUTYRYL FENTANYL. (90) N-(4-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)FURAN-2-CARBOXAMIDE. OTHER NAME: PARA-FLUORO FURANYL FENTANYL. (91) N,N-DIETHYL-2-(2-(4-ISOPROPOXYBENZYL)-5-NITRO-1H-BENZIMIDAZOL-1-YL) ETHAN-1-AMINE. OTHER NAME: ISOTONITAZENE. (92) 1-(1-(1-(4-BROMOPHENYL)ETHYL)PIPERIDIN-4-YL)-1,3-DIHYDRO-2H- BENZO[d]IMIDAZOL-2-ONE. OTHER NAMES: BRORPHINE; 1-[1-[1-(4-bromophenyl) ethyl]-4-piperidinyl]-1,3-DIHYDRO-2H-BENZIMIDAZOL-2-ONE. (93) 2-(2-(4-BUTOXYBENZYL)-5-NITRO-1H-BENZIMIDAZOL-1-YL)-N,N-DIETHYLETHAN -1-AMINE. OTHER NAME: BUTONITAZENE. (94) 2-(2-(4-ETHOXYBENZYL)-1H-BENZIMIDAZOL-1-YL)-N,N-DIETHYLETHAN-1-AMINE. OTHER NAMES: ETODESNITAZENE; ETAZENE. (95) N,N-DIETHYL-2-(2-(4-FLUOROBENZYL)-5-NITRO-1H-BENZIMIDAZOL-1-YL)ETHAN- 1-AMINE. OTHER NAME: FLUNITAZENE. (96) N,N-DIETHYL-2-(2-(4-METHOXYBENZYL)-1H-BENZIMIDAZOL-1-YL)ETHAN-1- AMINE. OTHER NAME: METODESNITAZENE. (97) N,N-DIETHYL-2-(2-(4-METHOXYBENZYL)-5-NITRO-1H-BENZIMIDAZOL-1-YL) ETHAN-1-AMINE. OTHER NAME: METONITAZENE. (98) 2-(4-ETHOXYBENZYL)-5-NITRO-1-(2-(PYRROLIDIN-1-YL)ETHYL)-1H- BENZIMIDAZOLE. OTHER NAMES: N-PYRROLIDINO ETONITAZENE; ETONITAZEPYNE. (99) N,N-DIETHYL-2-(5-NITRO-2-(4-PROPOXYBENZYL)-1H-BENZIMIDAZOL-1-YL) ETHAN-1-AMINE. OTHER NAME: PROTONITAZENE. (100) FENTANYL-RELATED SUBSTANCES, THEIR ISOMERS, ESTERS, ETHERS, SALTS AND SALTS OF ISOMERS, ESTERS AND ETHERS. S. 4007 239 A. 3007 (I) FENTANYL-RELATED SUBSTANCE MEANS ANY SUBSTANCE NOT OTHERWISE LIST- ED UNDER ANOTHER ADMINISTRATION CONTROLLED SUBSTANCE CODE NUMBE