senate Bill S4007B

2023-2024 Legislative Session

Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2023-2024 state fiscal year

download bill text pdf

Sponsored By

There are no sponsors of this bill.

Current Bill Status - In Senate Committee Finance Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.


view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 14, 2023 print number 4007b
Mar 14, 2023 amend (t) and recommit to finance
Mar 06, 2023 print number 4007a
Mar 06, 2023 amend (t) and recommit to finance
Feb 01, 2023 referred to finance

S4007 - Details

Current Committee:
Senate Finance
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S4007 - Summary

Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2023-2024 state fiscal year; relates to the year to year rate of growth of Department of Health state funds and Medicaid funding, relating to the state Medicaid spending cap and related processes (Part A); extends various provisions of laws relating to the provision of health care services, administration and programs (Part B); extends certain provisions of law relating to the health care reform act (view more) extends provisions relating to the distribution of pool allocations and graduate medical education; extends provisions relating to health care initiative pool distributions; extends payment provisions for general hospitals; extends provisions relating to assessments on covered lives (Part C); extends provisions of law relating to the voluntary indigent care pool; relates to Medicaid payments made for the operating component of hospital inpatient and outpatient services (Part E); extends certain provisions relating to coverage of physicians and other medical professionals for malpractice liability (Part F); relates to income requirements for participants of private pay protocols for certain programs for the aging (Part G); enacts the 1332 state innovation program (Part H); extends the moratorium on the processing and approval of applications seeking a certificate of authority as a managed long term care plan; sets performance standards for managed long term care plans; increases certain fee-for-service Medicaid reimbursement rates (Part I); relates to authorizing Medicaid eligibility for certain services provided to individuals who are in a correctional institution, and for certain services provided to individuals who are in an institution for mental disease; provides for a workgroup to study qualified residential treatment programs (Part K); relates to standards for site of service reviews and coverage for services provided at hospital-based outpatient clinics (Part L); relates to fees for construction of hospitals and to licensure requirements and reimbursements for certain home health services that meet the definition of core public health services (Part M); expands the Medicaid buy-in program for people with disabilities (Part N); relates to the regulation of the sale of vapor products and improving enforcement (Part O); establishes a statewide health care facility transformation program for the purpose of transforming, redesigning, and strengthening quality health care services in alignment with statewide and regional health care needs, and in the ongoing pandemic response (Part P); establishes Medicaid reimbursement for community health workers for high-risk populations; permits licensed mental health counselors and licensed marriage and family therapists in community health centers to be reimbursed (Part Q); relates to expanding Medicaid coverage of preventative health care for nutrition and osteoarthritis services (Part R); makes provisions related to the modernizing of the state of New York's emergency medical system and workforce; establishes the consolidated assistance program for EMS departments (Part S); relates to lead testing in certain multiple dwellings; establishes a state rental registry and proactive inspections to identify lead hazards for residential dwellings outside of the city of New York with two or more units built prior to nineteen hundred eighty; expands the powers of the secretary of state with respect to the New York state uniform fire prevention and building code (Part T); provides for the protection of electronic health information, setting for requirements for communications to individuals about their electronic health information; requires either written consent or a designated necessary purpose for the processing of an individual's electronic health information (Part U); provides for the registration of temporary health care services agencies; specifies requirements for registration (Part X); relates to affidavits for medical debt actions (Subpart A); relates to prescription drug price and supply chain transparency; relates to funds deposited in the pharmacy benefit manager regulatory fund (Subpart B); requires hospitals participating in the general hospital indigent care pool to use certain forms for the collection of medical debt (Subpart C); guarantees fund coverage for insurers writing health insurance (Subpart D) (Part Y); relates to quality improvement and increased consumer transparency in assisted living residences (Part Z); relates to hepatitis C and syphilis screening during pregnancy (Part AA); establishes a 8.5 percent cost of living adjustment for designated human services programs; ties future cost of living adjustments to the consumer price index; allows the office of children and family services to apply additional trend factors in the calculation of foster care rates as prescribed by agency regulation (Part DD); extends certain provisions relating to services for individuals with developmental disabilities (Part EE); expands the description of certain services which are not prohibited by statutes governing the practice of nursing (Part FF); relates to certified community behavioral health clinics (Part HH); expands areas of insurance coverage for behavioral health services (Subpart A); relates to utilization review standards for mental health services for hospitals and medically-monitored crisis residential facilities (Subpart B); relates to telehealth payment parity by expanding certain coverages to telehealth services (Subpart C); creates a private right of action for individuals injured by reason of certain violations by an insurer, corporation, or health maintenance organization (Subpart D); prohibits requirement of a prior authorization for certain substance use disorder treatments (Subpart E); relates to network adequacy for mental health and substance use disorder services (Subpart F) (Part II); relates to impositions of sanctions by the commissioner of mental health for violations of operating certificates relating to inpatient bed levels (Part JJ); removes certain restrictions on access to home care services (Part KK); establishes a task force on missing women and girls who are black, indigenous and people of color (BIPOC) to develop policy changes that will work to address the lack of care and concern for missing and murdered BIPOC women and girls with New York state governmental agencies (Part LL); authorizes certain facilities to provide treatment for the mental health and health care needs of individuals admitted for a substance use disorder (Part MM); establishes the independent developmental disability ombudsman program (Part NN); relates to the definition of the "look-back period" for the determination of eligibility of an individual for medical assistance benefits; exempts certain assets used on the individual's behalf or for care services provided to the individual by a family member or informal caregiver(Part OO); establishes a reproductive health services training and education grant program to train interns or residents who are employed by a hospital or otherwise enrolled in an accredited graduate medical education program in the performance of abortion and related reproductive health services (Part PP); relates to women's health in correctional facilities; establishes a women's health education program; requires HIV and STD testing to be offered to incarcerated individuals; provides pregnant incarcerated individuals with access to prenatal vitamins as well as a specialized diet tailored to pregnancy needs; requires a study and report on women's health in prison (Part QQ); increases the minimum wage for home care aides by five dollars by October 1, 2025; requires the commissioner of health to submit any necessary applications for approvals and/or waivers to the federal centers for medicare and medicaid services to make state-directed payments to providers of medicaid services for the purposes of supporting wage increases for home care workers (Part RR); includes doulas as medical services providers for medicaid recipients; directs the commissioner of health to apply for amendments and waivers to add doulas to state medicaid; provides minimum reimbursement levels for doula services (Part SS); directs the commissioner of health to conduct a study on the rates of reimbursement made through the New York state Medicaid durable medical equipment, orthotics, prosthetics and supplies program for rate adequacy and patient access (Part TT); permits coverage under Child Health Plus to take effect retroactively to the first day of the month in which the application was submitted for children who meet the eligibility criteria, provided that the applicant for insurance submits a completed and signed application and required information and documentation within sixty days of the child's birth (Part UU); relates to pharmacy services provided by managed care providers; requires pharmacy benefit managers and managed care providers to reimburse retail pharmacies for each outpatient drug, at the National Average Drug Acquisition Cost (NADAC); repeals related provisions (Part VV); allows additional pediatric residential health care facilities to participate in a demonstration program for residential health care for children with medical fragility in transition to young adults and young adults with medical fragility; amends the qualification necessary for such facilities to participate in such program (Part WW); provides that transportation management brokers contracted with the department of health shall not have responsibility for services provided to enrollees of Medicaid managed long term care plans or a Program of All-Inclusive Care for the Elderly (PACE) (Part XX); prohibits the Department of Health from disenrolling a participant in the Medicaid Health Home program based on the duration of time such participant has been enrolled in the program (Part YY); directs the office of mental health to convene workgroups on Black, Latina, and LGBTQ+ children and youth suicide prevention (Part ZZ); relates to the definition of a clinical peer reviewer by clarifying that such term shall be applicable for the entire utilization review and external appeal article and means either a physician or a health care professional with certain qualifications (Part AAA); enacts the reproductive freedom and equity grant program to ensure access to abortion care in the state by providing funding to abortion providers, government entities and non-profit organizations whose primary function is to facilitate access to abortion care (Part BBB); provides for reimbursement rates for pediatric diagnostic and treatment centers (Part CCC); establishes the office of hospice and palliative care access and quality to provide expertise and input on hospice and palliative care policy development and regulation (Part DDD); directs the commissioner of mental health to establish a maternal mental health workgroup to study and issue recommendations related to maternal mental health and perinatal and postpartum mood and anxiety disorders; identifies underrepresented and vulnerable populations and risk factors in the state for maternal mental health disorders that may occur during pregnancy and through the first postpartum year (Part EEE); provides funding to certified home health agencies and hospices programs to increase services in underserved or hard to serve areas of the state (Part FFF); establishes a quality incentive program for managed care providers that is distributed based on managed care providers' performance in meeting quality objectives (Part GGG); establishes the "Daniel's law task force" to identify potential operational and financial needs to support a non-police, trauma-informed, community and public health-based response for anyone in the state experiencing a mental health, alcohol use, or substance use crisis; reviewing and recommending programs and systems operating within the state or nationally that could be deployed in the entire state as a model crisis and emergency services system; and identifying potential funding sources for expanding preexisting mental health, alcohol use and substance use crisis response services (Part HHH).

S4007 - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
     S. 4007                                                  A. 3007
                       S E N A T E - A S S E M B L Y
                             February 1, 2023
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when printed to be committed to the Committee on Finance
 IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
   article seven of the Constitution -- read once  and  referred  to  the
   Committee on Ways and Means

 AN  ACT  to amend part H of chapter 59 of the laws of 2011, amending the
   public  health  law  and  other  laws  relating  to  general  hospital
   reimbursement  for  annual  rates,  in relation to known and projected
   department of health state fund medicaid  expenditures  (Part  A);  to
   amend chapter 451 of the laws of 2007, amending the public health law,
   the  social  services  law and the insurance law relating to providing
   enhanced consumer and provider protections, in relation to the  effec-
   tiveness  of  certain  provisions relating to contracts between plans,
   insurers, or corporations and hospitals; to amend part C of chapter 58
   of the laws of 2007, amending the social services law and  other  laws
   relating  to adjustments of rates, in relation to the effectiveness of
   certain provisions relating to the amount  of  income  to  be  applied
   toward the cost of medical care, services and supplies of institution-
   alized spouses; to amend chapter 906 of the laws of 1984, amending the
   social services law relating to expanding medical assistance eligibil-
   ity  and the scope of services available to certain persons with disa-
   bilities, in relation to  the  effectiveness  thereof;  to  amend  the
   social  services  law,  in relation to the age of eligibility for home
   and community-based services waivers; to amend chapter 313 of the laws
   of 2018, amending the public health law relating to body imaging scan-
   ning equipment, in relation to the  effectiveness  thereof;  to  amend
   chapter 426 of the laws of 1983, amending the public health law relat-
   ing  to professional misconduct proceedings, in relation to the effec-
   tiveness of certain provisions thereof; to amend chapter  582  of  the
   laws  of  1984,  amending the public health law relating to regulating
   activities of physicians, in relation to the effectiveness of  certain
   provisions  thereof;  to  amend  the public health law, in relation to
   extending the demonstration period in certain physician committees; to
   amend chapter 505 of the laws of 1995, amending the public health  law
   relating  to  the  operation  of  department  of health facilities, in
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets