[ ] 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 NUMBER, AND
FOR WHICH NO EXEMPTION OR APPROVAL IS IN EFFECT UNDER SECTION 505 OF THE
FEDERAL FOOD, DRUG, AND COSMETIC ACT (21 U.S.C. 355), THAT IS STRUC-
TURALLY RELATED TO FENTANYL BY ONE OR MORE OF THE FOLLOWING MODIFICA-
TIONS:
(A) REPLACEMENT OF THE PHENYL PORTION OF THE PHENETHYL GROUP BY ANY
MONOCYCLE, WHETHER OR NOT FURTHER SUBSTITUTED IN OR ON THE MONOCYCLE;
(B) SUBSTITUTION IN OR ON THE PHENETHYL GROUP WITH ALKYL, ALKENYL,
ALKOXYL, HYDROXYL, HALO, HALOALKYL, AMINO OR NITRO GROUPS;
(C) SUBSTITUTION IN OR ON THE PIPERIDINE RING WITH ALKYL, ALKENYL,
ALKOXYL, ESTER, ETHER, HYDROXYL, HALO, HALOALKYL, AMINO OR NITRO GROUPS;
(D) REPLACEMENT OF THE ANILINE RING WITH ANY AROMATIC MONOCYCLE WHETH-
ER OR NOT FURTHER SUBSTITUTED IN OR ON THE AROMATIC MONOCYCLE; AND/OR
(E) REPLACEMENT OF THE N-PROPIONYL GROUP BY ANOTHER ACYL GROUP.
(II) THIS DEFINITION INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING
SUBSTANCES:
(A)-(B) [Reserved]
§ 2. Paragraph 3 of subdivision (g) of schedule II of section 3306 of
the public health law, as added by section 7 of part C of chapter 447 of
the laws of 2012, is amended to read as follows:
(3) Immediate precursor to fentanyl:
(i) [4-anilino-N-phenethyl-4-piperidine (ANPP)] 4-ANILINO-N-PHENEN-
ETHYLPIPERIDINE (ANPP).
(II) N-PHENYL-N-(PIPERIDIN-4-YL)PROPIONAMIDE (NORFENTANYL).
§ 3. Paragraph c of subdivision 1 of section 3383 of the public health
law, as added by chapter 494 of the laws of 1982, is amended to read as
follows:
c. "Imitation controlled substance" means: (1) a substance, other than
a drug for which a prescription is required pursuant to article one
hundred thirty-seven of the education law, that is not a controlled
substance, which by dosage unit appearance, including color, shape and
size and by a representation is represented to be a controlled
substance, as defined in the penal law; OR (2) A CONTROLLED SUBSTANCE,
WHICH BY DOSAGE UNIT APPEARANCE, INCLUDING COLOR, SHAPE AND SIZE AND BY
A REPRESENTATION IS REPRESENTED TO BE A DIFFERENT CONTROLLED SUBSTANCE,
AS DEFINED IN THE PENAL LAW. Evidence of representations that the
substance is a controlled substance may include but is not limited to
oral or written representations by the manufacturer or seller, as the
case may be, about the substance with regard to:
(i) its price, nature, use or effect as a controlled substance; or
(ii) its packaging in a manner normally used for illicit controlled
substances; or
(iii) markings on the substance; OR
(IV) HAVING BEEN PRESCRIBED OR PROVIDED BY A PHARMACIST OR HEALTH CARE
PRACTITIONER.
§ 4. Subdivision 7 of section 3383 of the public health law is
REPEALED and subdivision 8 is renumbered subdivision 7.
§ 5. Subdivision 21 of section 10.00 of the penal law, as added by
chapter 1 of the laws of 2013, is amended to read as follows:
21. "Drug trafficking felony" means any of the following offenses
defined in article two hundred twenty of this chapter: violation of use
of a child to commit a controlled substance offense as defined in
section 220.28; criminal sale of a controlled substance in the fourth
degree as defined in section 220.34; criminal sale of a controlled
substance in the third degree as defined in section 220.39; criminal
S. 4007 240 A. 3007
sale of a controlled substance in the second degree as defined in
section 220.41; criminal sale of a controlled substance in the first
degree as defined in section 220.43; criminal sale of a controlled
substance in or near school grounds as defined in section 220.44; unlaw-
ful manufacture of methamphetamine in the second degree as defined in
section 220.74; unlawful manufacture of methamphetamine in the first
degree as defined in section 220.75; or operating as a major trafficker
as defined in section 220.77; CRIMINAL SALE OF AN IMITATION CONTROLLED
SUBSTANCE IN THE FIFTH DEGREE AS DEFINED IN SECTION 220.83; CRIMINAL
SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED
IN SECTION 220.84; AND CRIMINAL SALE OF AN IMITATION CONTROLLED
SUBSTANCE IN THE FIRST DEGREE AS DEFINED IN SECTION 220.85.
§ 6. Paragraphs (a) and (b) of subdivision 1 of section 460.10 of the
penal law, paragraph (a) as amended by chapter 134 of the laws of 2019
and paragraph (b) as amended by chapter 442 of the laws of 2006, are
amended to read as follows:
(a) Any of the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing to strangulation; sections 125.10 to 125.27 relating to homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25 relating to kidnapping; sections 135.35 and 135.37 relating to
labor trafficking; section 135.65 relating to coercion; sections 140.20,
140.25 and 140.30 relating to burglary; sections 145.05, 145.10 and
145.12 relating to criminal mischief; article one hundred fifty relating
to arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand
larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health
care fraud; article one hundred sixty relating to robbery; sections
165.45, 165.50, 165.52 and 165.54 relating to criminal possession of
stolen property; sections 165.72 and 165.73 relating to trademark coun-
terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
176.30 relating to insurance fraud; sections 178.20 and 178.25 relating
to criminal diversion of prescription medications and prescriptions;
sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
215.00, 215.05 and 215.19 relating to bribery; sections 187.10, 187.15,
187.20 and 187.25 relating to residential mortgage fraud, sections
190.40 and 190.42 relating to criminal usury; section 190.65 relating to
schemes to defraud; any felony defined in article four hundred ninety-
six; sections 205.60 and 205.65 relating to hindering prosecution;
sections 210.10, 210.15, and 215.51 relating to perjury and contempt;
section 215.40 relating to tampering with physical evidence; sections
220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to controlled
substances; sections 225.10 and 225.20 relating to gambling; sections
230.25, 230.30, and 230.32 relating to promoting prostitution; section
230.34 relating to sex trafficking; section 230.34-a relating to sex
trafficking of a child; sections 235.06, 235.07, 235.21 and 235.22
relating to obscenity; sections 263.10 and 263.15 relating to promoting
a sexual performance by a child; sections 265.02, 265.03, 265.04,
265.11, 265.12, 265.13 and the provisions of section 265.10 which
constitute a felony relating to firearms and other dangerous weapons;
sections 265.14 and 265.16 relating to criminal sale of a firearm;
section 265.50 relating to the criminal manufacture, sale or transport
of an undetectable firearm, rifle or shotgun; section 275.10, 275.20,
S. 4007 241 A. 3007
275.30, or 275.40 relating to unauthorized recordings; SECTIONS 220.82,
220.83, 220.84 AND 220.85 RELATING TO IMITATION CONTROLLED SUBSTANCES;
and sections 470.05, 470.10, 470.15 and 470.20 relating to money laun-
dering; or
(b) Any felony set forth elsewhere in the laws of this state and
defined by the tax law relating to alcoholic beverage, cigarette, gaso-
line and similar motor fuel taxes; article seventy-one of the environ-
mental conservation law relating to water pollution, hazardous waste or
substances hazardous or acutely hazardous to public health or safety of
the environment; article twenty-three-A of the general business law
relating to prohibited acts concerning stocks, bonds and other securi-
ties, article twenty-two of the general business law concerning monopo-
lies; ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW RELATING TO
CONTROLLED SUBSTANCES OR IMITATION CONTROLLED SUBSTANCES.
§ 7. Paragraph (c) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 92 of the laws of 2021, is amended
and a new paragraph (w) is added to read as follows:
(c) Criminal possession of a controlled substance in the seventh
degree as defined in section 220.03 of the penal law, criminal
possession of a controlled substance in the fifth degree as defined in
section 220.06 of the penal law, criminal possession of a controlled
substance in the fourth degree as defined in section 220.09 of the penal
law, criminal possession of a controlled substance in the third degree
as defined in section 220.16 of the penal law, criminal possession of a
controlled substance in the second degree as defined in section 220.18
of the penal law, criminal possession of a controlled substance in the
first degree as defined in section 220.21 of the penal law, criminal
sale of a controlled substance in the fifth degree as defined in section
220.31 of the penal law, criminal sale of a controlled substance in the
fourth degree as defined in section 220.34 of the penal law, criminal
sale of a controlled substance in the third degree as defined in section
220.39 of the penal law, criminal sale of a controlled substance in the
second degree as defined in section 220.41 of the penal law, criminal
sale of a controlled substance in the first degree as defined in section
220.43 of the penal law, criminally possessing a hypodermic instrument
as defined in section 220.45 of the penal law, criminal sale of a
prescription for a controlled substance or a controlled substance by a
practitioner or pharmacist as defined in section 220.65 of the penal
law, criminal possession of methamphetamine manufacturing material in
the second degree as defined in section 220.70 of the penal law, crimi-
nal possession of methamphetamine manufacturing material in the first
degree as defined in section 220.71 of the penal law, criminal
possession of precursors of methamphetamine as defined in section 220.72
of the penal law, unlawful manufacture of methamphetamine in the third
degree as defined in section 220.73 of the penal law, unlawful manufac-
ture of methamphetamine in the second degree as defined in section
220.74 of the penal law, unlawful manufacture of methamphetamine in the
first degree as defined in section 220.75 of the penal law, unlawful
disposal of methamphetamine laboratory material as defined in section
220.76 of the penal law, operating as a major trafficker as defined in
section 220.77 of the penal law, CRIMINAL POSSESSION OF AN IMITATION
CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED IN SECTION 220.82 OF
THE PENAL LAW, CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE
FIFTH DEGREE AS DEFINED IN SECTION 220.83 OF THE PENAL LAW, CRIMINAL
SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED
IN SECTION 220.84 OF THE PENAL LAW, CRIMINAL SALE OF AN IMITATION
S. 4007 242 A. 3007
CONTROLLED SUBSTANCE IN THE FIRST DEGREE AS DEFINED IN SECTION 220.85 OF
THE PENAL LAW, promoting gambling in the second degree as defined in
section 225.05 of the penal law, promoting gambling in the first degree
as defined in section 225.10 of the penal law, possession of gambling
records in the second degree as defined in section 225.15 of the penal
law, possession of gambling records in the first degree as defined in
section 225.20 of the penal law, and possession of a gambling device as
defined in section 225.30 of the penal law;
(W) ANY OF THE ACTS DESIGNATED AS FELONIES IN ARTICLE THIRTY-THREE OF
THE PUBLIC HEALTH LAW.
§ 8. Section 220.00 of the penal law is amended by adding a new subdi-
vision 6 to read as follows:
6. "IMITATION CONTROLLED SUBSTANCE" SHALL HAVE THE SAME MEANING AS
PROVIDED FOR IN PARAGRAPH C OF SUBDIVISION ONE OF SECTION THIRTY-THREE
HUNDRED EIGHTY-THREE OF THE PUBLIC HEALTH LAW.
§ 9. The penal law is amended by adding five new sections 220.81,
220.82, 220.83, 220.84 and 220.85 to read as follows:
§ 220.81 CRIMINAL POSSESSION OF AN IMITATION CONTROLLED SUBSTANCE IN THE
FIFTH DEGREE.
A PERSON IS GUILTY OF CRIMINAL POSSESSION OF AN IMITATION CONTROLLED
SUBSTANCE IN THE FIFTH DEGREE WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY
POSSESSES AN IMITATION CONTROLLED SUBSTANCE, AS DEFINED IN SUBPARAGRAPH
ONE OF PARAGRAPH C OF SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED
EIGHTY-THREE OF THE PUBLIC HEALTH LAW, WITH THE INTENT TO SELL IT.
CRIMINAL POSSESSION OF AN IMITATION CONTROLLED SUBSTANCE IN THE FIFTH
DEGREE IS A CLASS A MISDEMEANOR.
§ 220.82 CRIMINAL POSSESSION OF AN IMITATION CONTROLLED SUBSTANCE IN THE
THIRD DEGREE.
A PERSON IS GUILTY OF CRIMINAL POSSESSION OF AN IMITATION CONTROLLED
SUBSTANCE IN THE THIRD DEGREE WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY
POSSESSES AN IMITATION CONTROLLED SUBSTANCE, AS DEFINED IN SUBPARAGRAPH
TWO OF PARAGRAPH C OF SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED
EIGHTY-THREE OF THE PUBLIC HEALTH LAW, WITH THE INTENT TO SELL IT.
CRIMINAL POSSESSION OF AN IMITATION CONTROLLED SUBSTANCE IN THE THIRD
DEGREE IS A CLASS D FELONY.
§ 220.83 CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE FIFTH
DEGREE.
A PERSON IS GUILTY OF CRIMINAL SALE OF AN IMITATION CONTROLLED
SUBSTANCE IN THE FIFTH DEGREE WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY
SELLS AN IMITATION CONTROLLED SUBSTANCE, AS DEFINED IN SUBPARAGRAPH ONE
OF PARAGRAPH C OF SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED EIGHT-
Y-THREE OF THE PUBLIC HEALTH LAW.
CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE FIFTH DEGREE
IS A CLASS E FELONY.
§ 220.84 CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE THIRD
DEGREE.
A PERSON IS GUILTY OF CRIMINAL SALE OF AN IMITATION CONTROLLED
SUBSTANCE IN THE THIRD DEGREE WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY
SELLS AN IMITATION CONTROLLED SUBSTANCE, AS DEFINED IN SUBPARAGRAPH TWO
OF PARAGRAPH C OF SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED EIGHT-
Y-THREE OF THE PUBLIC HEALTH LAW.
CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE THIRD DEGREE
IS A CLASS C FELONY.
§ 220.85 CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE FIRST
DEGREE.
S. 4007 243 A. 3007
A PERSON IS GUILTY OF CRIMINAL SALE OF AN IMITATION CONTROLLED
SUBSTANCE IN THE FIRST DEGREE WHEN HE OR SHE KNOWINGLY AND UNLAWFULLY
SELLS AN IMITATION CONTROLLED SUBSTANCE AND HE OR SHE KNOWS OR REASON-
ABLY SHOULD KNOW THAT THE IMITATION CONTROLLED SUBSTANCE COULD CAUSE THE
SERIOUS PHYSICAL INJURY OF ANOTHER PERSON, AS DEFINED BY SUBDIVISION
TEN OF SECTION 10.00 OF THIS CHAPTER, OR HE OR SHE KNOWS OR REASONABLY
SHOULD KNOW THAT THE IMITATION CONTROLLED SUBSTANCE COULD CAUSE THE
DEATH OF ANOTHER PERSON, AND THE IMITATION CONTROLLED SUBSTANCE CAUSES
THE SERIOUS PHYSICAL INJURY OR DEATH OF ANOTHER PERSON.
CRIMINAL SALE OF AN IMITATION CONTROLLED SUBSTANCE IN THE FIRST DEGREE
IS A CLASS A-1 FELONY.
§ 10. Section 220.25 of the penal law, as amended by chapter 276 of
the laws of 1973, subdivision 1 as amended by chapter 278 of the laws of
1973 and subdivision 2 as amended by chapter 341 of the laws of 1985, is
amended to read as follows:
§ 220.25 Criminal possession of a controlled substance OR AN IMITATION
CONTROLLED SUBSTANCE; presumption.
1. The presence of a controlled substance OR AN IMITATION CONTROLLED
SUBSTANCE in an automobile, other than a public omnibus, is presumptive
evidence of knowing possession thereof by each and every person in the
automobile at the time such controlled substance OR IMITATION CONTROLLED
SUBSTANCE was found; except that such presumption does not apply (a) to
a duly licensed operator of an automobile who is at the time operating
it for hire in the lawful and proper pursuit of his trade, or (b) to any
person in the automobile if one of them, having obtained the controlled
substance OR IMITATION CONTROLLED SUBSTANCE and not being under duress,
is authorized to possess it and such controlled substance OR IMITATION
CONTROLLED SUBSTANCE is in the same container as when he received
possession thereof, or (c) when the controlled substance OR IMITATION
CONTROLLED SUBSTANCE is concealed upon the person of one of the occu-
pants.
2. The presence of a narcotic drug, narcotic preparation, marihuana or
phencyclidine in open view in a room, other than a public place, under
circumstances evincing an intent to unlawfully mix, compound, package or
otherwise prepare for sale such controlled substance OR IMITATION
CONTROLLED SUBSTANCE is presumptive evidence of knowing possession ther-
eof by each and every person in close proximity to such controlled
substance OR IMITATION CONTROLLED SUBSTANCE at the time such controlled
substance OR IMITATION CONTROLLED SUBSTANCE was found; except that such
presumption does not apply to any such persons if (a) one of them,
having obtained such controlled substance OR IMITATION CONTROLLED
SUBSTANCE and not being under duress, is authorized to possess it and
such controlled substance OR IMITATION CONTROLLED SUBSTANCE is in the
same container as when he received possession thereof, or (b) one of
them has such controlled substance OR IMITATION CONTROLLED SUBSTANCE
upon his person.
§ 11. This act shall take effect immediately.
PART CC
Section 1. Articles 131, 131-A, 131-B, 131-C, 132, 133, 134, 136, 137,
137-A, 139, 140, 141, 143, 144, 153, 154, 155, 156, 157, 159, 160, 162,
163, 164, 165, 166, 167 and 168 of the education law are REPEALED.
§ 2. The public health law is amended by adding a new article 51 to
read as follows:
S. 4007 244 A. 3007
ARTICLE 51
LICENSED HEALTHCARE PROFESSIONS
TITLE 1
LICENSED HEALTHCARE PROFESSIONS GENERAL PROVISIONS
SUBTITLE 1
INTRODUCTORY SUMMARY
SECTION 6500. INTRODUCTION.
6501. ADMISSION TO A PROFESSION (LICENSING).
6501-A. AFFIRMATION OF APPLICATIONS.
6502. DURATION AND REGISTRATION OF A LICENSE.
6502-A. RENEWAL OF PROFESSIONAL LICENSE, CERTIFICATION, OR
REGISTRATION.
6503. PRACTICE OF A PROFESSION.
6503-A. WAIVER FOR ENTITIES PROVIDING CERTAIN PROFESSIONAL
SERVICES.
6503-B. WAIVER FOR CERTAIN SPECIAL EDUCATION SCHOOLS AND EARLY
INTERVENTION AGENCIES.
6504. REGULATION OF THE PROFESSIONS.
6505. CONSTRUCTION.
6505-A. PROFESSIONAL REFERRALS.
6505-B. COURSE WORK OR TRAINING IN INFECTION CONTROL PRACTICES.
6505-C. ARTICULATION BETWEEN MILITARY AND CIVILIAN PROFESSIONAL
CAREERS.
§ 6500. INTRODUCTION. THIS ARTICLE PROVIDES FOR THE REGULATION OF THE
ADMISSION TO AND THE PRACTICE OF CERTAIN PROFESSIONS. THIS FIRST TITLE
APPLIES TO ALL THE PROFESSIONS INCLUDED IN THIS ARTICLE, EXCEPT THAT
PREHEARING PROCEDURES AND HEARING PROCEDURES IN CONNECTION WITH THE
REGULATION OF PROFESSIONAL CONDUCT OF THE PROFESSION OF MEDICINE AND
PHYSICIAN'S ASSISTANTS AND SPECIALIST'S ASSISTANTS SHALL BE CONDUCTED
PURSUANT TO THE PROVISIONS OF TITLE TWO-A OF ARTICLE TWO OF THIS CHAP-
TER. EACH OF THE REMAINING TITLES APPLIES TO A PARTICULAR PROFESSION.
§ 6501. ADMISSION TO A PROFESSION (LICENSING). 1. ADMISSION TO PRAC-
TICE OF A PROFESSION IN THIS STATE IS ACCOMPLISHED BY A LICENSE BEING
ISSUED TO A QUALIFIED APPLICANT BY THE HEALTH DEPARTMENT. TO QUALIFY FOR
A LICENSE AN APPLICANT SHALL MEET THE REQUIREMENTS PRESCRIBED IN THE
TITLE FOR THE PARTICULAR PROFESSION AND SHALL MEET THE REQUIREMENTS
PRESCRIBED IN SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW.
2. A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY APPLI-
CANT SEEKING TO QUALIFY FOR A LICENSE PURSUANT TO THIS ARTICLE WHO IS
THE SPOUSE OF AN ACTIVE DUTY MEMBER OF THE ARMED FORCES OF THE UNITED
STATES, NATIONAL GUARD OR RESERVES AS DEFINED IN 10 U.S.C. SECTIONS 1209
AND 1211, AND SUCH SPOUSE IS TRANSFERRED BY THE MILITARY TO THIS STATE
SHALL BE AFFORDED AN EXPEDITED REVIEW OF HIS OR HER APPLICATION FOR
LICENSURE. SUCH APPLICATION SHALL BE ON A FORM PRESCRIBED BY THE DEPART-
MENT AND SHALL INCLUDE AN ATTESTATION BY THE APPLICANT OF THE MILITARY
STATUS OF HIS OR HER SPOUSE AND ANY OTHER SUCH SUPPORTING DOCUMENTATION
THAT THE DEPARTMENT MAY REQUIRE. UPON REVIEW OF SUCH APPLICATION, THE
DEPARTMENT SHALL ISSUE A LICENSE TO THE APPLICANT IF THE APPLICANT HOLDS
A LICENSE IN GOOD STANDING IN ANOTHER STATE AND IN THE OPINION OF THE
DEPARTMENT, THE REQUIREMENTS FOR LICENSURE OF SUCH OTHER STATE ARE
SUBSTANTIALLY EQUIVALENT TO THE REQUIREMENTS FOR LICENSURE IN THIS
STATE.
B. IN ADDITION TO THE EXPEDITED REVIEW GRANTED IN PARAGRAPH A OF THIS
SUBDIVISION, AN APPLICANT WHO PROVIDES SATISFACTORY DOCUMENTATION 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
S. 4007 245 A. 3007
WILL PERMIT THE APPLICANT TO WORK UNDER THE SUPERVISION OF A NEW YORK
STATE LICENSEE IN ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER. THE
DEPARTMENT MAY GRANT SUCH TEMPORARY PRACTICE PERMIT WHEN IT APPEARS
BASED ON THE APPLICATION AND SUPPORTING DOCUMENTATION RECEIVED THAT THE
APPLICANT WILL MEET THE REQUIREMENTS FOR LICENSURE IN THIS STATE BECAUSE
HE OR SHE HOLDS 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 VERIFI-
CATION OF THE APPLICANT'S UNDERLYING CREDENTIALS (E.G., 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 MILITARY SPOUSE COULD NOT AVOID.
C. A TEMPORARY PRACTICE PERMIT ISSUED UNDER PARAGRAPH B OF THIS SUBDI-
VISION SHALL BE SUBJECT TO THE FULL DISCIPLINARY AND REGULATORY AUTHORI-
TY OF THE DEPARTMENT, PURSUANT TO THIS ARTICLE, AS IF SUCH AUTHORIZATION
WERE A PROFESSIONAL LICENSE ISSUED UNDER THIS ARTICLE.
D. THE DEPARTMENT SHALL REDUCE THE INITIAL LICENSURE APPLICATION FEE
BY ONE-HALF FOR ANY APPLICATION SUBMITTED BY A MILITARY SPOUSE UNDER
THIS SUBDIVISION.
§ 6501-A. AFFIRMATION OF APPLICATIONS. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, ANY APPLICATION REQUIRED BY THIS ARTI-
CLE TO BE FILED WITH THE DEPARTMENT MAY, IN LIEU OF BEING CERTIFIED OR
SWORN UNDER OATH, BE SUBSCRIBED BY THE APPLICANT AND AFFIRMED BY THE
APPLICANT AS TRUE UNDER PENALTIES OF PERJURY.
§ 6502. DURATION AND REGISTRATION OF A LICENSE. 1. A LICENSE SHALL BE
VALID DURING THE LIFE OF THE HOLDER UNLESS REVOKED, ANNULLED OR
SUSPENDED BY COMMISSIONER OR IN THE CASE OF PHYSICIANS, PHYSICIANS PRAC-
TICING UNDER A LIMITED PERMIT, PHYSICIAN'S ASSISTANTS, SPECIALIST'S
ASSISTANTS AND MEDICAL RESIDENTS, THE LICENSEE IS STRICKEN FROM THE
ROSTER OF SUCH LICENSEES BY THE COMMISSIONER ON THE ORDER OF THE STATE
BOARD FOR PROFESSIONAL MEDICAL CONDUCT. A LICENSEE MUST REGISTER WITH
THE DEPARTMENT AND MEET THE REQUIREMENTS PRESCRIBED IN SECTION 3-503 OF
THE GENERAL OBLIGATIONS LAW TO PRACTICE IN THIS STATE.
2. THE DEPARTMENT SHALL ESTABLISH THE BEGINNING DATES OF THE REGISTRA-
TION PERIODS FOR EACH PROFESSION AND MAIL AN APPLICATION FOR REGISTRA-
TION CONFORMING TO THE REQUIREMENTS OF SECTION 3-503 OF THE GENERAL
OBLIGATIONS LAW TO EVERY LICENSEE CURRENTLY REGISTERED AT LEAST FOUR
MONTHS PRIOR TO THE BEGINNING OF THE REGISTRATION PERIOD FOR THE RESPEC-
TIVE PROFESSION.
3. AN APPLICATION FOR REGISTRATION AND THE REQUIRED REGISTRATION FEE
SHALL BE SUBMITTED TOGETHER WITH OR AS A PART OF THE APPLICATION FOR A
LICENSE. A PERSON INITIALLY LICENSED OR A LICENSEE RESUMING PRACTICE
AFTER A LAPSE OF REGISTRATION DURING THE LAST TWO YEARS OF A TRIENNIAL
REGISTRATION PERIOD SHALL RECEIVE A PRORATED REFUND OF ONE-THIRD OF THE
TOTAL REGISTRATION FEE FOR EACH FULL YEAR OF THE TRIENNIAL PERIOD THAT
HAS ELAPSED PRIOR TO THE DATE OF REGISTRATION. EXCEPT AS PROVIDED IN
SUBDIVISION THREE-A OF THIS SECTION, THE DEPARTMENT SHALL RENEW THE
REGISTRATION OF EACH LICENSEE UPON RECEIPT OF A PROPER APPLICATION, ON A
FORM PRESCRIBED BY THE DEPARTMENT AND CONFORMING TO THE REQUIREMENTS OF
SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW, AND THE REGISTRATION FEE.
S. 4007 246 A. 3007
ANY LICENSEE WHO FAILS TO REGISTER BY THE BEGINNING OF THE APPROPRIATE
REGISTRATION PERIOD SHALL BE REQUIRED TO PAY AN ADDITIONAL FEE FOR LATE
FILING OF TEN DOLLARS FOR EACH MONTH THAT REGISTRATION HAS BEEN DELAYED.
NO LICENSEE RESUMING PRACTICE AFTER A LAPSE OF REGISTRATION SHALL BE
PERMITTED TO PRACTICE WITHOUT ACTUAL POSSESSION OF THE REGISTRATION
CERTIFICATE.
3-A. PRIOR TO ISSUING ANY REGISTRATION PURSUANT TO THIS SECTION AND
SECTION SIXTY-FIVE HUNDRED TWENTY-FOUR OF THIS ARTICLE, THE DEPARTMENT
SHALL REQUEST AND REVIEW ANY INFORMATION RELATING TO AN APPLICANT WHICH
REASONABLY APPEARS TO RELATE TO PROFESSIONAL MISCONDUCT IN HIS OR HER
PROFESSIONAL PRACTICE IN THIS AND ANY OTHER JURISDICTION. THE DEPARTMENT
SHALL ADVISE THE DIRECTOR OF THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT
IN THE DEPARTMENT OF ANY INFORMATION ABOUT AN APPLICANT WHICH REASONABLY
APPEARS TO BE PROFESSIONAL MISCONDUCT AS DEFINED IN SECTIONS SIXTY-FIVE
HUNDRED THIRTY AND SIXTY-FIVE HUNDRED THIRTY-ONE OF THIS ARTICLE, WITHIN
SEVEN DAYS OF ITS DISCOVERY. THE REGISTRATION OR RE-REGISTRATION OF SUCH
APPLICANT SHALL NOT BE DELAYED FOR A PERIOD EXCEEDING THIRTY DAYS UNLESS
THE DIRECTOR FINDS A BASIS FOR RECOMMENDING SUMMARY ACTION PURSUANT TO
SUBDIVISION TWELVE OF SECTION TWO HUNDRED THIRTY OF THIS CHAPTER AFTER
CONSULTATION WITH A COMMITTEE ON PROFESSIONAL CONDUCT OF THE STATE BOARD
FOR PROFESSIONAL MEDICAL CONDUCT, IF WARRANTED. RE-REGISTRATION SHALL BE
ISSUED IF THE COMMISSIONER OF HEALTH FAILS TO ISSUE A SUMMARY ORDER
PURSUANT TO SUBDIVISION TWELVE OF SECTION TWO HUNDRED THIRTY OF THIS
CHAPTER WITHIN NINETY DAYS OF NOTICE BY THE DEPARTMENT PURSUANT TO THIS
SUBDIVISION. RE-REGISTRATION SHALL BE DENIED IF THE COMMISSIONER ISSUES
A SUMMARY ORDER PURSUANT TO SUBDIVISION TWELVE OF SECTION TWO HUNDRED
THIRTY OF THIS CHAPTER.
4. ANY LICENSEE WHO IS NOT ENGAGING IN THE PRACTICE OF HIS PROFESSION
IN THIS STATE AND DOES NOT DESIRE TO REGISTER SHALL SO ADVISE THE
DEPARTMENT. SUCH LICENSEE SHALL NOT BE REQUIRED TO PAY AN ADDITIONAL FEE
FOR FAILURE TO REGISTER AT THE BEGINNING OF THE REGISTRATION PERIOD.
5. LICENSEES SHALL NOTIFY THE DEPARTMENT OF ANY CHANGE OF NAME OR
MAILING ADDRESS WITHIN THIRTY DAYS OF SUCH CHANGE. FAILURE TO REGISTER
OR PROVIDE SUCH NOTICE WITHIN ONE HUNDRED EIGHTY DAYS OF SUCH CHANGE
SHALL BE WILLFUL FAILURE UNDER SECTION SIXTY-FIVE HUNDRED THIRTY OF THIS
ARTICLE.
6. THE FEE FOR REPLACEMENT OF A LOST REGISTRATION CERTIFICATE OR
LICENSE OR FOR REGISTRATION OF AN ADDITIONAL OFFICE SHALL BE TEN
DOLLARS.
7. AN ADDITIONAL FEE OF TWENTY-FIVE DOLLARS SHALL BE CHARGED FOR THE
LICENSURE OR REGISTRATION OF ANY APPLICANT WHO SUBMITS A BAD CHECK TO
THE DEPARTMENT.
§ 6502-A. RENEWAL OF PROFESSIONAL LICENSE, CERTIFICATION, OR REGISTRA-
TION. 1. THIS SECTION SHALL APPLY TO HEALTHCARE PROFESSIONALS LICENSED,
CERTIFIED, REGISTERED OR AUTHORIZED PURSUANT TO THIS ARTICLE OTHER THAN
THOSE LICENSED OR REGISTERED PURSUANT TO TITLE TWO OF THIS ARTICLE.
2. IN CONJUNCTION WITH AND AS A CONDITION OF EACH REGISTRATION
RENEWAL, THE PROFESSIONALS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION
SHALL PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH
INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT AS IS NECESSARY
TO ENABLE THE DEPARTMENT TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS
STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING
IN WHICH THE PROFESSIONAL PRACTICES AND OTHER RELEVANT INFORMATION. THE
DEPARTMENT SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTIFIED
FORM ON A PUBLICLY ACCESSIBLE WEBSITE.
S. 4007 247 A. 3007
3. THE DATES BY WHICH THE PROFESSIONALS DESCRIBED IN SUBDIVISION ONE
OF THIS SECTION MUST COMPLY WITH THE REQUIREMENTS OF SUBDIVISION TWO OF
THIS SECTION SHALL BE DETERMINED BY THE DEPARTMENT AND MAY VARY BY
PROFESSION, TO ALLOW THE DEVELOPMENT AND REFINEMENT OF NECESSARY PROGRAM
FEATURES AND TO ALLOW SUFFICIENT ADVANCED NOTICE TO BE PROVIDED TO
AFFECTED PROFESSIONALS. THE PROVISIONS OF THIS SECTION SHALL BE EFFEC-
TIVE ONLY IF AND FOR SO LONG AS AN APPROPRIATION IS MADE FOR THE
PURPOSES OF ITS IMPLEMENTATION.
§ 6503. PRACTICE OF A PROFESSION. ADMISSION TO THE PRACTICE OF A
PROFESSION ENTITLES THE LICENSEE TO: 1. PRACTICE THE PROFESSION AS
DEFINED IN THE TITLE FOR THE PARTICULAR PROFESSION;
2. ENTITLES THE INDIVIDUAL LICENSEE TO USE THE PROFESSIONAL TITLE AS
PROVIDED IN THE TITLE FOR THE PARTICULAR PROFESSION; AND
3. SUBJECTS THE LICENSEE TO THE PROCEDURES AND PENALTIES FOR PROFES-
SIONAL MISCONDUCT AS PRESCRIBED IN THIS ARTICLE.
§ 6503-A. WAIVER FOR ENTITIES PROVIDING CERTAIN PROFESSIONAL SERVICES.
1. A. NOTWITHSTANDING ANY LAWS TO THE CONTRARY, EXCEPT AS PROVIDED IN
SUBDIVISION TWO OF THIS SECTION, A NOT-FOR-PROFIT CORPORATION FORMED FOR
CHARITABLE, EDUCATIONAL, OR RELIGIOUS PURPOSES OR OTHER SIMILAR PURPOSES
DEEMED ACCEPTABLE BY THE DEPARTMENT; OR AN EDUCATION CORPORATION AS
DEFINED IN SUBDIVISION ONE OF SECTION TWO HUNDRED SIXTEEN-A OF THE
EDUCATION LAW MAY PROVIDE THE FOLLOWING SERVICES, PROVIDED THAT, EXCEPT
AS OTHERWISE PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, THE ENTITY WAS
IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION AND HAS APPLIED
TO THE DEPARTMENT FOR A WAIVER PURSUANT TO THIS SECTION BY NO LATER THAN
FEBRUARY FIRST, TWO THOUSAND TWENTY-FOUR:
(I) SERVICES PROVIDED UNDER TITLE EIGHTEEN, TWENTY-FIVE OR TWENTY-NINE
OF THIS ARTICLE FOR WHICH LICENSURE WOULD BE REQUIRED, OR
(II) SERVICES CONSTITUTING THE PROVISION OF PSYCHOTHERAPY AS DEFINED
IN SUBDIVISION TWO OF SECTION EIGHTY-FOUR HUNDRED ONE OF THIS ARTICLE
AND AUTHORIZED AND PROVIDED UNDER TITLE TWO, TWELVE, OR SEVENT