[ ] is old law to be omitted.
SA LBD12671-03-6
S. 9007--A 2 A. 10007--A
to medical reimbursement and welfare reform, in relation to the effec-
tiveness 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 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, in relation to the effectiveness thereof;
to amend part R of chapter 59 of the laws of 2016, amending the public
health law and the education law relating to electronic prescriptions,
in relation to the effectiveness thereof; to amend the public health
law, in relation to amending and extending the voluntary indigent care
pool; to amend part H of chapter 57 of the laws of 2019, amending the
public health law relating to waiver of certain regulations, in
relation to the effectiveness thereof; 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 labora-
tories and order and administer COVID-19 and influenza tests and
modernizing nurse practitioners, in relation to the effectiveness
thereof; to amend chapter 21 of the laws of 2011, amending the educa-
tion law relating to authorizing pharmacists to perform collaborative
drug therapy management with physicians in certain settings, in
relation to the effectiveness thereof; to amend chapter 520 of the
laws of 2024, amending the education law and the public health law
relating to amending physician assistant practice standards, in
relation to the effectiveness thereof; to amend part V of chapter 57
of the laws of 2022, amending the public health law and the insurance
law relating to reimbursement for commercial and Medicaid services
provided via telehealth, in relation to the effectiveness thereof; and
to amend part II of chapter 54 of the laws of 2016 amending part C of
chapter 58 of the laws of 2005 relating to authorizing reimbursements
for expenditures made by or on behalf of social services districts for
medical assistance for needy persons and administration thereof, in
relation to the effectiveness thereof; and to amend part C of chapter
57 of the laws of 2018, amending the social services law and the
public health law relating to health homes and the penalties for
managed care providers, in relation to the effectiveness thereof (Part
B); to amend the public health law, in relation to extending certain
provisions relating to the distribution of pool allocations; to amend
part A3 of chapter 62 of the laws of 2003 amending the public health
law and other laws relating to enacting major components necessary to
implement the state fiscal plan for the 2003-04 state fiscal year, in
relation to extending the effectiveness of provisions thereof; 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 effec-
tiveness of provisions thereof; to amend the public health law and the
state finance law, in relation to making technical corrections; to
amend the public health law, in relation to extending certain
provisions relating to health care initiative pool distributions; to
S. 9007--A 3 A. 10007--A
amend the social services law, in relation to extending payment
provisions for general hospitals; to amend the public health law, in
relation to extending certain provisions relating to the assessments
on covered lives; and to repeal certain provisions of section 2807-m
of the public health law, relating to the distribution of the profes-
sional education pools (Part C); to amend chapter 266 of the laws of
1986 amending the civil practice law and rules and other laws relating
to malpractice and professional medical conduct, in relation to insur-
ance coverage paid for by funds from the hospital excess liability
pool and 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 D);
to repeal certain provisions of the social services law relating to
adult living programs for adult care facilities and enriched housing
in adult care facilities; and to repeal certain provisions of the
public health law relating to the tick-borne disease institute; and to
repeal certain provisions of such law relating to compliance plans
regarding the working conditions and hours for certain employees and
trainees in general hospitals (Part E); to amend the state finance
law, in relation to approval to spend moneys of the Percy T. Phillips
educational foundation of the Dental Society of the state of New York
fund; to amend part JJ of chapter 57 of the laws of 2025 amending the
public health law relating to reporting pregnancy losses and clarify-
ing which agencies are responsible for such reports, in relation to
the effectiveness thereof; to amend part P of chapter 57 of the laws
of 2025 amending the public health law relating to requiring hospitals
to provide stabilizing care to pregnant individuals, in relation to
the effectiveness thereof; to amend the public health law, in relation
to making technical corrections thereto; to amend the social services
law, in relation to the look-back period for medical assistance; and
to amend the insurance law, in relation to referencing the continuing
care retirement community council (Part F); to amend the public health
law, in relation to modifying definitions related to automated
external defibrillators (AEDs), designating the department of health
as the entity that may authorize the acquisition of AEDs, modifying
requirements for public access defibrillation providers, and estab-
lishing requirements that providers of AEDs notify the receivers of
their responsibilities (Part G); to amend the public health law, in
relation to requirements for notices of material transactions (Part
H); to amend the public health law, in relation to Medical Indemnity
Fund reimbursement rates (Part I); to amend the public health law, in
relation to temporary health care services agencies (Part J); to amend
the public health law, in relation to approval to operate a mobile
integrated and community paramedicine program; to amend chapter 137 of
the laws of 2023 amending the public health law relating to establish-
ing a community-based paramedicine demonstration program, in relation
to the effectiveness thereof; to amend the public health law, in
relation to the definition of "emergency medical service"; to amend
the education law, in relation to authorizing certified nurse practi-
tioners and licensed physicians to prescribe and order a non-patient
S. 9007--A 4 A. 10007--A
specific regimen for administering immunizations to an emergency
medical services practitioner; and to amend the public health law, in
relation to extending hospital services outside the facility and into
patients' residences (Part K); to amend the public health law, in
relation to restoring prior enacted nursing home capital rate
reductions; and to amend the social services law, in relation to
premiums for the Medicaid buy-in for working persons with disabilities
(Part L); to amend the social services law, in relation to the amount
payable for certain services provided to eligible persons who are also
eligible for medical assistance or are also qualified medicare benefi-
ciaries; to amend the public health law, in relation to extending the
cooling off period for health maintenance organization plan contracts
with hospitals from two months to one hundred twenty days; to amend
the social services law, in relation to clarifying Medicaid require-
ments for biomarker testing; and to repeal certain provisions of such
laws relating thereto (Part M); to amend education law and the public
health law, in relation to the scope and practice of medical assist-
ants (Subpart A); to amend the education law and the public health
law, in relation to the scope of practice of certified nurse aides;
and providing for the repeal of such provisions upon the expiration
thereof (Subpart B); to amend the education law, the vehicle and traf-
fic law, and the judiciary law, in relation to authorizing qualified
health care providers acting in their scope of practice to evaluate
certain health issues (Subpart C); to amend the education law and the
public health law, in relation to transferring all functions, powers,
duties, obligations and appropriations relating to the governance of
certain healthcare professions; to amend the business corporation law,
the limited liability company law, the partnership law, the social
services law, and the administrative code of the city of New York, in
relation to making conforming changes; to repeal article 131-A of the
education law and certain provisions of such law and the public health
law relating thereto (Subpart D); and to amend the education law and
the public health law, in relation to the performance of medical
services by physician assistants (Subpart E) (Part N); to amend chap-
ter 57 of the laws of 2022 providing a one percent across the board
payment increase to all qualifying fee-for-service Medicaid rates, in
relation to hospital and nursing home fee-for-service reimbursement
rates (Part O); establishing a state fiscal year 2026-2027 targeted
inflationary increase to be applied to certain portions of reimbursa-
ble costs or contract amounts for certain programs and services (Part
P); to amend the mental hygiene law, the social services law and the
public health law, in relation to integrated behavioral health
services (Part Q); to amend the insurance law and the public health
law, in relation to substance-related and addictive disorder services
(Part R); to repeal subdivision 10 of section 553 of the executive
law, relating to the requirement that the justice center administer an
adult home and residence for adults resident advocacy program (Part
S); to amend part ZZ of chapter 56 of the laws of 2020 amending the
tax law and the social services law relating to certain Medicaid
management, in relation to the effectiveness thereof; and to amend the
public health law, in relation to minimum amounts of certain state aid
for the city of New York (Part T); and to amend chapter 56 of the laws
of 2013 amending the public health law and other laws relating to
general hospital reimbursement for annual rates, in relation to
extending government rates for behavioral services and referencing the
office of addiction services and supports; to amend part H of chapter
S. 9007--A 5 A. 10007--A
111 of the laws of 2010 relating to increasing Medicaid payments to
providers through managed care organizations and providing equivalent
fees through an ambulatory patient group methodology, in relation to
extending government rates for behavioral services referencing the
office of addiction services and supports and in relation to the
effectiveness thereof (Part U)
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 2026-2027 state fiscal year. Each component is wholly contained
within a Part identified as Parts A through U. The effective date for
each particular provision contained within such Part is set forth in the
last section of such Part. Any provision in any section contained within
a Part, including the effective date of the Part, which makes a refer-
ence to a section "of this act", when used in connection with that
particular component, shall be deemed to mean and refer to the corre-
sponding section of the Part in which it is found. Section three of this
act sets forth the general effective date of this act.
PART A
Section 1. 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 1 of part A of chapter 57 of the laws of 2025, is
amended to read as follows:
(a) For state fiscal years 2011-12 through [2026-27] 2027-28, 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, 2026.
PART B
Section 1. Subdivision (c) of section 62 of chapter 165 of the laws of
1991, amending the public health law and other laws relating to estab-
lishing payments for medical assistance, as amended by section 9 of part
GG of chapter 56 of the laws of 2020, is amended to read as follows:
(c) section 364-j of the social services law, as amended by section
eight of this act and subdivision 6 of section 367-a of the social
services law as added by section twelve of this act shall expire and be
deemed repealed on March 31, [2026] 2032 and provided further, that the
amendments to the provisions of section 364-j of the social services law
made by section eight of this act shall only apply to managed care
programs approved on or after the effective date of this act;
§ 2. Section 11 of chapter 710 of the laws of 1988, amending the
social services law and the education law relating to medical assistance
eligibility of certain persons and providing for managed medical care
S. 9007--A 6 A. 10007--A
demonstration programs, as amended by section 10 of part GG of chapter
56 of the laws of 2020, is amended to read as follows:
§ 11. This act shall take effect immediately; except that the
provisions of sections one, two, three, four, eight and ten of this act
shall take effect on the ninetieth day after it shall have become a law;
and except that the provisions of sections five, six and seven of this
act shall take effect January 1, 1989; and except that effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date; provided, however, that the provisions of section 364-j
of the social services law, as added by section one of this act shall
expire and be deemed repealed on and after March 31, [2026] 2032, the
provisions of section 364-k of the social services law, as added by
section two of this act, except subdivision 10 of such section, shall
expire and be deemed repealed on and after January 1, 1994, and the
provisions of subdivision 10 of section 364-k of the social services
law, as added by section two of this act, shall expire and be deemed
repealed on January 1, 1995.
§ 3. 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 16 of part B of
chapter 57 of the laws of 2023, 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, [2026] 2029, 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.
§ 4. 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 17 of part B of chapter 57 of the laws of 2023, 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, 2026 when upon such date the provisions of such section shall be
deemed repealed].
§ 5. 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 18 of part B of chapter 57 of the laws of 2023, 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, [2026] 2029;
§ 6. 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 19 of part B of chapter 57 of the laws of 2023, is amended to
read as follows:
S. 9007--A 7 A. 10007--A
§ 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, [2026] 2029; provided, however, that the amendments made by
section twenty-eight of this act shall take effect on the same date as
section 1 of chapter 281 of the laws of 2007 takes effect; provided
further, that sections twenty-nine, thirty, and thirty-one of this act
shall take effect October 1, 2008; provided further, that section twen-
ty-seven of this act shall take effect January 1, 2009; and provided
further, that section twenty-seven of this act shall expire and be
deemed repealed March 31, [2026] 2029; 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.
§ 7. 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 21 of
part B of chapter 57 of the laws of 2023, 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 , February 1, 2023,
February 1, 2024, February 1, 2025 [and], February 1, 2026, AND FOR EACH
YEAR THEREAFTER, PRIOR TO FEBRUARY 1, the commissioner of health shall
calculate the result of the statewide total of residential health care
facility days of care provided to beneficiaries of title XVIII of the
federal social security act (medicare), divided by the sum of such days
of care plus days of care provided to residents eligible for payments
pursuant to title 11 of article 5 of the social services law minus the
number of days provided to residents receiving hospice care, expressed
as a percentage, for the period commencing January 1, through November
30, of the prior year respectively, based on such data for such period.
This value shall be called the 2000, 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,
2019, 2020, 2021, 2022, 2023, 2024, 2025 [and], 2026, AND FOR EACH YEAR
THEREAFTER, THE CORRESPONDING YEAR'S statewide target percentage respec-
tively.
§ 8. 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 22 of part B of chapter 57 of the laws of 2023, 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, 2023, 2024, 2025 [and], 2026, AND CORRESPONDING
YEAR statewide target percentages FOR EACH YEAR THEREAFTER are not for
each year at least three percentage points higher than the statewide
base percentage, the commissioner of health shall determine the percent-
age by which the statewide target percentage for each year is not at
S. 9007--A 8 A. 10007--A
least three percentage points higher than the statewide base percentage.
The percentage calculated pursuant to this paragraph shall be called the
1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,
2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021,
2022, 2023, 2024, 2025 [and], 2026, AND FOR EACH YEAR THEREAFTER, THE
statewide reduction percentage FOR THE CORRESPONDING YEAR, 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, 2023, 2024, 2025 [and], 2026, AND FOR EACH YEAR THEREAFTER
statewide target percentage for the respective year is at least three
percentage points higher than the statewide base percentage, the state-
wide reduction percentage for the respective year shall be zero.
§ 9. 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 23 of part B of chapter 57 of the laws of 2023, 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, 2023, 2024, 2025 [and], 2026, AND FOR EACH YEAR THEREAFTER,
THE ANNUAL statewide reduction percentage 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, 2023, 2024,
2025 [and], 2026, AND FOR EACH YEAR THEREAFTER, THE ANNUAL 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, 2023, 2024, 2025 [and], 2026,
AND FOR EACH YEAR THEREAFTER, THE ANNUAL 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, 2023, 2024, 2025 [and],
2026, AND ANY YEAR THEREAFTER reduction amount.
§ 10. The opening paragraph of paragraph (e) of subdivision 7 of
section 367-a of the social services law, as amended by section 5 of
part I of chapter 57 of the laws of 2024, is amended to read as follows:
During the period from April first, two thousand fifteen through March
thirty-first, two thousand [twenty-six] TWENTY-NINE, 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, accelerated approval
drugs established pursuant to this paragraph, opioid dependence agents
and opioid antagonists listed in a statewide formulary established
pursuant to subparagraph (vii) of this paragraph, hepatitis C agents,
high cost drugs as provided for in subparagraph (viii) of this para-
graph, gene therapies as provided for in subparagraph (ix) of this para-
graph, 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 clin-
S. 9007--A 9 A. 10007--A
ical criteria. No agreement entered into pursuant to this paragraph
shall have an initial term or be extended beyond the expiration or
repeal of this paragraph. For purposes of this paragraph, an "acceler-
ated approval" is a drug or labeled indication of a drug authorized by
the Federal Food, Drug and Cosmetic Act for drugs approved under Subpart
H of 21 CFR Part 314 and Subpart E of 21 CFR Part 601 for serious condi-
tions that fill an unmet medical need based on whether the drug has an
effect on a surrogate clinical endpoint, and is pending verification of
clinical benefit in confirmatory trials.
§ 11. 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 25 of part B of chapter 57
of the laws of 2023, is amended to read as follows:
1. section one of this act shall expire and be deemed repealed March
31, [2029] 2032;
§ 12. 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
hospital quality and sole community pools and the reduction of capital
related inpatient expenses, as amended by section 26 of part B of chap-
ter 57 of the laws of 2023, 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 four through seven of this act shall expire and be
deemed repealed March 31, [2026] 2029; 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 termi-
nation of an executive order issued pursuant to section 28 of the execu-
tive 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.
§ 13. 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 28 of part B of chapter 57 of the laws of 2023, 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, [2026] 2029, 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.
§ 14. Section 9 of part R of chapter 59 of the laws of 2016, amending
the public health law and the education law relating to electronic
prescriptions, as amended by section 35-b of part B of chapter 57 of the
laws of 2023, is amended to read as follows:
S. 9007--A 10 A. 10007--A
§ 9. This act shall take effect immediately; provided however, that
sections one and two of this act shall take effect on the first of June
next succeeding the date on which it shall have become a law and shall
expire and be deemed repealed June 1, [2026] 2029.
§ 15. Subdivision 5-d of section 2807-k of the public health law, as
amended by section 1 of part E of chapter 57 of the laws of 2023, clause
(A) of subparagraph (ii) of paragraph (b) as amended by section 2 of
part D of chapter 57 of the laws of 2025, 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] DECEMBER thirty-first, two thousand
[twenty-six] TWENTY-NINE, all funds available for distribution pursuant
to this section, except for funds distributed pursuant to paragraph (b)
of subdivision five-b of this section, and all funds available for
distribution pursuant to section twenty-eight hundred seven-w of this
article, shall be reserved and set aside and distributed in accordance
with the provisions of this subdivision.
(b) The commissioner shall promulgate regulations, and may promulgate
emergency regulations, establishing methodologies for the distribution
of funds as described in paragraph (a) of this subdivision and such
regulations shall include, but not be limited to, the following:
(i) Such regulations shall establish methodologies for determining
each facility's relative uncompensated care need amount based on unin-
sured inpatient and outpatient units of service from the cost reporting
year two years prior to the distribution year, multiplied by the appli-
cable medicaid rates in effect January first of the distribution year,
as summed and adjusted by a statewide cost adjustment factor and reduced
by the sum of all payment amounts collected from such uninsured
patients, and as further adjusted by application of a nominal need
computation that shall take into account each facility's medicaid inpa-
tient share.
(ii) Annual distributions pursuant to such regulations for the two
thousand twenty through two thousand [twenty-five] TWENTY-NINE calendar
years shall be in accord with the following:
(A) (1) one hundred thirty-nine million four hundred thousand dollars
shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
payments to major public general hospitals;
(2) for the calendar years two thousand twenty-five and thereafter,
the total distributions to major public general hospitals shall be
subject to an aggregate reduction of one hundred thirteen million four
hundred thousand dollars annually, provided that general hospitals oper-
ated by the New York city health and hospitals corporation as estab-
lished by chapter one thousand sixteen of the laws of nineteen hundred
sixty-nine, as amended, shall not receive distributions pursuant to this
subdivision; 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
S. 9007--A 11 A. 10007--A
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] TWENTY-NINE, the total distributions to eligible general
hospitals, other than major public general hospitals, shall be subject
to an aggregate reduction of two hundred thirty-five million four
hundred thousand dollars annually, provided that eligible general hospi-
tals, other than major public general hospitals 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, shall not be
subject to such reduction.
Such reductions shall be determined by a methodology to be established
by the commissioner. Such 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-five] TWENTY-NINE, 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.
(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.
§ 16. Section 7 of part H of chapter 57 of the laws of 2019, amending
the public health law relating to waiver of certain regulations, as
amended by section 10 of part B of chapter 57 of the laws of 2024, is
amended to read as follows:
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2019, provided,
however, that section two of this act shall expire on April 1, [2026]
2028.
§ 17. 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, as
S. 9007--A 12 A. 10007--A
amended by section 1 of part P of chapter 57 of the laws of 2024, 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, four, six and seven of
this act shall expire and be deemed repealed July 1, 2026].
§ 18. Section 5 of chapter 21 of the laws of 2011, amending the educa-
tion law relating to authorizing pharmacists to perform collaborative
drug therapy management with physicians in certain settings, as amended
by section 2 of part P of chapter 57 of the laws of 2024, is amended to
read as follows:
§ 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law[, provided, however, that the provisions of
sections two, three, and four of this act shall expire and be deemed
repealed July 1, 2026]; provided, however, that the amendments to subdi-
vision 1 of section 6801 of the education law made by section one of
this act shall be subject to the expiration and reversion of such subdi-
vision pursuant to section 8 of chapter 563 of the laws of 2008, when
upon such date the provisions of section one-a of this act shall take
effect; provided, further, that effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.
§ 19. Section 4 of chapter 520 of the laws of 2024, amending the
education law and the public health law relating to amending physician
assistant practice standards, is amended to read as follows:
§ 4. This act shall take effect three months after it shall have
become a law[; provided, however, that paragraph (l) of subdivision 7 of
section 6542 of the education law, as added by section one of this act,
shall expire and be deemed repealed July 1, 2026]. Effective immediate-
ly, the state education department and the department of health are
authorized to promulgate, amend and/or repeal any rule or regulation
necessary for the implementation of section one of this act on or before
such effective date.
§ 20. Section 7 of part V of chapter 57 of the laws of 2022, amending
the public health law and the insurance law relating to reimbursement
for commercial and Medicaid services provided via telehealth, as amended
by section 5 of part B of chapter 57 of the laws of 2024, is amended to
read as follows:
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2022; provided,
however, this act shall expire and be deemed repealed on and after April
1, [2026] 2028.
§ 21. Section 2 of part II of chapter 54 of the laws of 2016 amending
part C of chapter 58 of the laws of 2005 relating to authorizing
reimbursements for expenditures made by or on behalf of social services
districts for medical assistance for needy persons and administration
thereof, as amended by section 8 of part B of chapter 57 of the laws of
2024, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed March 31, [2026] 2028.
§ 22. Section 8 of part C of chapter 57 of the laws of 2018, amending
the social services law and the public health law relating to health
homes and penalties for managed care providers, as amended by section 2
of part QQ of chapter 57 of the laws of 2022, is amended to read as
follows:
S. 9007--A 13 A. 10007--A
§ 8. Notwithstanding any inconsistent provision of sections 112 and
163 of the state finance law, or sections 142 and 143 of the economic
development law, or any other contrary provision of law, excepting the
13 responsible vendor requirements of the state finance law, including,
but not limited to, sections 163 and 139-k of the state finance law, the
commissioner of health is authorized to amend or otherwise extend the
terms of a contract awarded prior to the effective date and entered into
pursuant to subdivision 24 of section 206 of the public health law, as
added by section 39 of part C of chapter 58 of the laws of 2008, without
a competitive bid or request for proposal process, upon determination
that the existing contractor is qualified to continue to provide such
services, and provided that efficiency savings are achieved during the
period of extension; and provided, further, that the department of
health shall submit a request for applications for such contract during
the time period specified in this section and may terminate the contract
identified herein prior to expiration of the extension authorized by
this section. Contracts entered into, amended, or extended pursuant to
this section shall not remain in force beyond August 19, [2026] 2027.
§ 23. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2026; provided,
however, that the amendments to the opening paragraph of paragraph (e)
of subdivision 7 of section 367-a of the social services law made by
section ten 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 public health 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 C of chapter 57 of
the laws of 2023, 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, [2026] 2029,
the commissioner of health is authorized to transfer and the state comp-
troller is authorized and directed to receive for deposit to the credit
of the department of health's special revenue fund - other, health care
reform act (HCRA) resources fund - 061, provider collection monitoring
account, within amounts appropriated each year, those funds collected
and accumulated pursuant to section 2807-v of the public health law,
including income from invested funds, for the purpose of payment for
administrative costs of the department of health related to adminis-
tration of statutory duties for the collections and distributions
authorized by section 2807-v of the public health law.
(2) Notwithstanding any inconsistent provision of law, rule or regu-
lation and effective April 1, 2008 through March 31, [2026] 2029, 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
S. 9007--A 14 A. 10007--A
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, [2026] 2029, 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, [2026] 2029, 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, [2026] 2029, 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, [2026] 2029, the
commissioner of health is authorized to transfer and the comptroller is
authorized to deposit, within amounts appropriated each year, those
funds authorized for distribution in accordance with the provisions of
subparagraph (ii) of paragraph (f) of subdivision 19 of section 2807-c
of the public health law from monies accumulated and interest earned in
the bad debt and charity care and capital statewide pools through an
assessment charged to general hospitals pursuant to the provisions of
subdivision 18 of section 2807-c of the public health law and those
funds authorized for distribution in accordance with the provisions of
section 2807-l of the public health law for the purposes of payment for
administrative costs of the department of health related to programs
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, [2026] 2029, the
commissioner of health is authorized to transfer and the comptroller is
authorized to deposit, within amounts appropriated each year, those
S. 9007--A 15 A. 10007--A
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, [2026] 2029, 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
C of chapter 57 of the laws of 2023, 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 five] TWENTY-EIGHT, and
(v) one hundred ninety-one million two hundred fifty thousand dollars
of the funds accumulated for the period January first, two thousand
[twenty-six] TWENTY-NINE through March thirty-first, two thousand [twen-
ty-six] TWENTY-NINE.
§ 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 C of chapter 57 of the laws of 2023, 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,
[2026] 2029, and shall be thereafter effective only in respect to any
act done on or before such date or action or proceeding arising out of
such act including continued collections of funds from assessments and
allowances and surcharges established pursuant to sections 2807-c,
2807-j, 2807-s and 2807-t of the public health law, and administration
and distributions of funds from pools established pursuant to sections
2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s and 2807-t of the public
health law related to patient services provided before December 31,
[2026] 2029, 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 C of chapter 57 of the laws of 2023, 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, [2026] 2029,
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
S. 9007--A 16 A. 10007--A
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, [2026] 2029, 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 C of chapter 57 of the laws of 2023, is amended to read as
follows:
§ 2807-l. Health care initiatives pool distributions. 1. Funds accumu-
lated in the health care initiatives pools pursuant to paragraph (b) of
subdivision nine of section twenty-eight hundred seven-j of this arti-
cle, or the health care reform act (HCRA) resources fund established
pursuant to section ninety-two-dd of the state finance law, whichever is
applicable, including income from invested funds, shall be distributed
or retained by the commissioner or by the state comptroller, as applica-
ble, in accordance with the following.
(a) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions to programs to provide health care coverage for unin-
sured or underinsured children pursuant to sections twenty-five hundred
ten and twenty-five hundred eleven of this chapter from the respective
health care initiatives pools established for the following periods in
the following amounts:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
up to one hundred twenty million six hundred thousand dollars;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, up to one hundred sixty-four million five hundred thousand
dollars;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
up to one hundred eighty-one million dollars;
(iv) from the pool for the period January first, two thousand through
December thirty-first, two thousand, two hundred seven million dollars;
(v) from the pool for the period January first, two thousand one
through December thirty-first, two thousand one, two hundred thirty-five
million dollars;
(vi) from the pool for the period January first, two thousand two
through December thirty-first, two thousand two, three hundred twenty-
four million dollars;
(vii) from the pool for the period January first, two thousand three
through December thirty-first, two thousand three, up to four hundred
fifty million three hundred thousand dollars;
(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,
S. 9007--A 17 A. 10007--A
two thousand six, up to three hundred twenty-five million four hundred
thousand dollars;
(xi) from the health care reform act (HCRA) resources fund for the
period January first, two thousand seven through December thirty-first,
two thousand seven, up to four hundred twenty-eight million fifty-nine
thousand dollars;
(xii) from the health care reform act (HCRA) resources fund for the
period January first, two thousand eight through December thirty-first,
two thousand ten, up to four hundred fifty-three million six hundred
seventy-four thousand dollars annually;
(xiii) from the health care reform act (HCRA) resources fund for the
period January first, two thousand eleven, through March thirty-first,
two thousand eleven, up to one hundred thirteen million four hundred
eighteen thousand dollars;
(xiv) from the health care reform act (HCRA) resources fund for the
period April first, two thousand eleven, through March thirty-first, two
thousand twelve, up to three hundred twenty-four million seven hundred
forty-four thousand dollars;
(xv) from the health care reform act (HCRA) resources fund for the
period April first, two thousand twelve, through March thirty-first, two
thousand thirteen, up to three hundred forty-six million four hundred
forty-four thousand dollars;
(xvi) from the health care reform act (HCRA) resources fund for the
period April first, two thousand thirteen, through March thirty-first,
two thousand fourteen, up to three hundred seventy million six hundred
ninety-five thousand dollars; and
(xvii) from the health care reform act (HCRA) resources fund for each
state fiscal year for periods on and after April first, two thousand
fourteen, within amounts appropriated.
(b) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions for health insurance programs under the individual
subsidy programs established pursuant to the expanded health care cover-
age act of nineteen hundred eighty-eight as amended, and for evaluation
of such programs from the respective health care initiatives pools or
the health care reform act (HCRA) resources fund, whichever is applica-
ble, established for the following periods in the following amounts:
(i) (A) an amount not to exceed six million dollars on an annualized
basis for the periods January first, nineteen hundred ninety-seven
through December thirty-first, nineteen hundred ninety-nine; up to six
million dollars for the period January first, two thousand through
December thirty-first, two thousand; up to five million dollars for the
period January first, two thousand one through December thirty-first,
two thousand one; up to four million dollars for the period January
first, two thousand two through December thirty-first, two thousand two;
up to two million six hundred thousand dollars for the period January
first, two thousand three through December thirty-first, two thousand
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,
S. 9007--A 18 A. 10007--A
two thousand nine, shall be allocated to individual subsidy programs;
and
(B) an amount not to exceed seven million dollars on an annualized
basis for the periods during the period January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred ninety-nine
and four million dollars annually for the periods January first, two
thousand through December thirty-first, two thousand two, and three
million dollars for the period January first, two thousand three through
December thirty-first, two thousand three, and two million dollars for
the period January first, two thousand four through December thirty-
first, two thousand four, and two million dollars for the period January
first, two thousand five through June thirtieth, two thousand five shall
be allocated to the catastrophic health care expense program.
(ii) Notwithstanding any law to the contrary, the characterizations of
the New York state small business health insurance partnership program
as in effect prior to June thirtieth, two thousand three, voucher
program as in effect prior to December thirty-first, two thousand one,
individual subsidy program as in effect prior to June thirtieth, two
thousand five, and catastrophic health care expense program, as in
effect prior to June thirtieth, two thousand five, may, for the purposes
of identifying matching funds for the community health care conversion
demonstration project described in a waiver of the provisions of title
XIX of the federal social security act granted to the state of New York
and dated July fifteenth, nineteen hundred ninety-seven, may continue to
be used to characterize the insurance programs in sections four thousand
three hundred twenty-one-a, four thousand three hundred twenty-two-a,
four thousand three hundred twenty-six and four thousand three hundred
twenty-seven of the insurance law, which are successor programs to these
programs.
(c) Up to seventy-eight million dollars shall be reserved and accumu-
lated from year to year from the pool for the period January first,
nineteen hundred ninety-seven through December thirty-first, nineteen
hundred ninety-seven, for purposes of public health programs, up to
seventy-six million dollars shall be reserved and accumulated from year
to year from the pools for the periods January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight and January first, nineteen hundred ninety-nine through December
thirty-first, nineteen hundred ninety-nine, up to eighty-four million
dollars shall be reserved and accumulated from year to year from the
pools for the period January first, two thousand through December thir-
ty-first, two thousand, up to eighty-five million dollars shall be
reserved and accumulated from year to year from the pools for the period
January first, two thousand one through December thirty-first, two thou-
sand one, up to eighty-six million dollars shall be reserved and accumu-
lated from year to year from the pools for the period January first, two
thousand two through December thirty-first, two thousand two, up to
eighty-six million one hundred fifty thousand dollars shall be reserved
and accumulated from year to year from the pools for the period January
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
S. 9007--A 19 A. 10007--A
through December thirty-first, two thousand five, up to ninety-four
million three hundred fifty thousand dollars shall be reserved and accu-
mulated from year to year from the health care reform act (HCRA)
resources fund for the period January first, two thousand six through
December thirty-first, two thousand six, up to seventy million nine
hundred thirty-nine thousand dollars shall be reserved and accumulated
from year to year from the health care reform act (HCRA) resources fund
for the period January first, two thousand seven through December thir-
ty-first, two thousand seven, up to fifty-five million six hundred
eighty-nine thousand dollars annually shall be reserved and accumulated
from year to year from the health care reform act (HCRA) resources fund
for the period January first, two thousand eight through December thir-
ty-first, two thousand ten, up to thirteen million nine hundred twenty-
two thousand dollars shall be reserved and accumulated from year to year
from the health care reform act (HCRA) resources fund for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven, and for periods on and after April first, two thousand
eleven, up to funding amounts specified below and shall be available,
including income from invested funds, for:
(i) deposit by the commissioner, within amounts appropriated, and the
state comptroller is hereby authorized and directed to receive for
deposit to, to the credit of the department of health's special revenue
fund - other, hospital based grants program account or the health care
reform act (HCRA) resources fund, whichever is applicable, for purposes
of services and expenses related to general hospital based grant
programs, up to twenty-two million dollars annually from the nineteen
hundred ninety-seven pool, nineteen hundred ninety-eight pool, nineteen
hundred ninety-nine pool, two thousand pool, two thousand one pool and
two thousand two pool, respectively, up to twenty-two million dollars
from the two thousand three pool, up to ten million dollars for the
period January first, two thousand four through December thirty-first,
two thousand four, up to eleven million dollars for the period January
first, two thousand five through December thirty-first, two thousand
five, up to twenty-two million dollars for the period January first, two
thousand six through December thirty-first, two thousand six, up to
twenty-two million ninety-seven thousand dollars annually for the period
January first, two thousand seven through December thirty-first, two
thousand ten, up to five million five hundred twenty-four thousand
dollars for the period January first, two thousand eleven through March
thirty-first, two thousand eleven, up to thirteen million four hundred
forty-five thousand dollars for the period April first, two thousand
eleven through March thirty-first, two thousand twelve, and up to thir-
teen million three hundred seventy-five thousand dollars each state
fiscal year for the period April first, two thousand twelve through
March thirty-first, two thousand fourteen;
(ii) deposit by the commissioner, within amounts appropriated, and the
state comptroller is hereby authorized and directed to receive for
deposit to, to the credit of the emergency medical services training
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-
S. 9007--A 20 A. 10007--A
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-six] TWENTY-NINE;
(iii) priority distributions by the commissioner up to thirty-two
million dollars on an annualized basis for the period January first, two
thousand through December thirty-first, two thousand four, up to thir-
ty-eight million dollars on an annualized basis for the period January
first, two thousand five through December thirty-first, two thousand
six, up to eighteen million two hundred fifty thousand dollars for the
period January first, two thousand seven through December thirty-first,
two thousand seven, up to three million dollars annually for the period
January first, two thousand eight through December thirty-first, two
thousand ten, up to seven hundred fifty thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven, up to two million nine hundred thousand dollars each state
fiscal year for the period April first, two thousand eleven through
March thirty-first, two thousand fourteen, and up to two million nine
hundred thousand dollars each state fiscal year for the period April
first, two thousand fourteen through March thirty-first, two thousand
[twenty-six] TWENTY-NINE 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-
S. 9007--A 21 A. 10007--A
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, 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, AND UP TO TWO MILLION NINE
HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL
FIRST, TWO THOUSAND TWENTY-SIX THROUGH MARCH THIRTY-FIRST, TWO THOUSAND
TWENTY-NINE. Upon any distribution of such funds, the commissioner shall
immediately notify the chair and ranking minority member of the senate
finance committee, the assembly ways and means committee, the senate
committee on health, and the assembly committee on health;
(iv) distributions by the commissioner related to poison control
centers pursuant to subdivision seven of section twenty-five hundred-d
of this chapter, up to five million dollars for the period January
first, nineteen hundred ninety-seven through December thirty-first,
nineteen hundred ninety-seven, up to three million dollars on an annual-
ized basis for the periods during the period January first, nineteen
hundred ninety-eight through December thirty-first, nineteen hundred
ninety-nine, up to five million dollars annually for the periods January
first, two thousand through December thirty-first, two thousand two, up
to four million six hundred thousand dollars annually for the periods
January first, two thousand three through December thirty-first, two
thousand four, up to five million one hundred thousand dollars for the
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
S. 9007--A 22 A. 10007--A
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, 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 twenty-
six, AND UP TO THREE MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE
PERIOD APRIL FIRST, TWO THOUSAND TWENTY-SIX THROUGH MARCH THIRTY-FIRST,
TWO THOUSAND TWENTY-NINE; and
(v) deposit by the commissioner, within amounts appropriated, and the
state comptroller is hereby authorized and directed to receive for
deposit to, to the credit of the department of health's special revenue
fund - other, miscellaneous special revenue fund - 339 maternal and
child HIV services account or the health care reform act (HCRA)
resources fund, whichever is applicable, for purposes of a special
program for HIV services for women and children, including adolescents
pursuant to section twenty-five hundred-f-one of this chapter, up to
five million dollars annually for the periods January first, two thou-
sand through December thirty-first, two thousand two, up to five million
dollars for the period January first, two thousand three through Decem-
ber thirty-first, two thousand three, up to two million five hundred
thousand dollars for the period January first, two thousand four through
December thirty-first, two thousand four, up to two million five hundred
thousand dollars for the period January first, two thousand five through
December thirty-first, two thousand five, up to five million dollars for
the period January first, two thousand six through December thirty-
first, two thousand six, up to five million dollars annually for the
period January first, two thousand seven through December thirty-first,
two thousand ten, up to one million two hundred fifty thousand dollars
for the period January first, two thousand eleven through March thirty-
first, two thousand eleven, and up to five million dollars each state
fiscal year for the period April first, two thousand eleven through
March thirty-first, two thousand fourteen;
(d) (i) An amount of up to twenty million dollars annually for the
period January first, two thousand through December thirty-first, two
thousand six, up to ten million dollars for the period January first,
two thousand seven through June thirtieth, two thousand seven, up to
twenty million dollars annually for the period January first, two thou-
sand eight through December thirty-first, two thousand ten, up to five
million dollars for the period January first, two thousand eleven
through March thirty-first, two thousand eleven, up to nineteen million
six hundred thousand dollars each state fiscal year for the period April
first, two thousand eleven through March thirty-first, two thousand
fourteen, up to nineteen million six hundred thousand dollars each state
fiscal year for the period April first, two thousand fourteen through
March thirty-first, two thousand seventeen, up to nineteen million six
S. 9007--A 23 A. 10007--A
hundred thousand dollars each state fiscal year for the period of April
first, two thousand seventeen through March thirty-first, two thousand
twenty, 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 nineteen
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, AND UP TO NINETEEN MILLION SIX HUNDRED
THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD OF APRIL FIRST,
TWO THOUSAND TWENTY-SIX THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWEN-
TY-NINE, 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-
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
S. 9007--A 24 A. 10007--A
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;
(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
S. 9007--A 25 A. 10007--A
(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, up
to sixteen 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] 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, AND UP TO SIXTEEN MILLION TWO HUNDRED THOUSAND DOLLARS
S. 9007--A 26 A. 10007--A
EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-
SIX THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-NINE.
(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
annually, for the period April first, two thousand seventeen through
March thirty-first, two thousand twenty, up to forty-eight million
dollars annually, for the period April first, two thousand twenty
S. 9007--A 27 A. 10007--A
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, AND FOR THE PERIOD APRIL FIRST,
TWO THOUSAND TWENTY-SIX THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWEN-
TY-NINE, 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, for the period
April first, two thousand twenty through March thirty-first, two thou-
sand twenty-three, an additional seven million five hundred thousand
dollars annually, [and] for the period April first, two thousand twen-
ty-three through March thirty-first, two thousand twenty-six, an addi-
tional seven million five hundred thousand dollars annually, AND FOR THE
PERIOD APRIL FIRST, TWO THOUSAND TWENTY-SIX THROUGH MARCH THIRTY-FIRST,
TWO THOUSAND TWENTY-NINE, AN ADDITIONAL SEVEN MILLION FIVE HUNDRED THOU-
SAND 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. 9007--A 28 A. 10007--A
(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-six]
TWENTY-NINE.
(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. 9007--A 29 A. 10007--A
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. Paragraphs (a), (b), (c) and (p) of subdivision 1 of section
2807-m of the public health law are REPEALED and paragraphs (d), (e),
(f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (q), (r), (s), (t) and
(u) are relettered paragraphs (a), (b), (c), (d), (e), (f), (g), (h),
(i), (j), (k), (l), (m), (n), (o), (p) and (q).
§ 7. Subparagraph (iv) of paragraph (o) and paragraphs (p) and (q) of
subdivision 1 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 and such para-
S. 9007--A 30 A. 10007--A
graphs as relettered by section six of this act, are amended to read as
follows:
(iv) further reducing each of the amounts determined in subparagraph
(iii) of this paragraph by the amounts specified in paragraph [(t)] (P)
of this subdivision; and
(p) "Extra reduction amount" shall mean an amount determined for a
teaching hospital for which an adjustment amount is calculated pursuant
to paragraph ([s)] (O) of this subdivision that is the hospital's
proportionate share of the sum of the amounts specified in paragraph
[(u)] (Q) of this subdivision determined based upon a comparison of the
hospital's remaining liability calculated pursuant to paragraph [(s)]
(O) of this subdivision to the sum of all such hospital's remaining
liabilities.
(q) "Allotment amount" shall mean an amount determined for teaching
hospitals as follows:
(i) for a hospital for which an adjustment amount pursuant to para-
graph [(s)] (O) of this subdivision does not apply, the amount received
by the hospital pursuant to paragraph (a) of subdivision five of this
section attributable to the period January first, two thousand three
through December thirty-first, two thousand three, or
(ii) for a hospital for which an adjustment amount pursuant to para-
graph [(s)] (O) of this subdivision applies and which received a
distribution pursuant to paragraph (a) of subdivision five of this
section attributable to the period January first, two thousand three
through December thirty-first, two thousand three that is greater than
the hospital's adjustment amount, the difference between the distrib-
ution amount and the adjustment amount.
§ 8. Paragraph (f) of subdivision 3, paragraphs (a) and (d) of subdi-
vision 5 and the opening paragraph of subdivision 12 of section 2807-m
of the public health law, paragraph (f) of subdivision 3, paragraph (a)
of subdivision 5 and the opening paragraph of subdivision 12 as amended
and paragraph (d) of subdivision 5 as added by section 6 of part Y of
chapter 56 of the laws of 2020, are amended to read as follows:
(f) Effective January first, two thousand five through December thir-
ty-first, two thousand eight, each teaching general hospital shall
receive a distribution from the applicable regional pool based on its
distribution amount determined under paragraphs (c), (d) and (e) of this
subdivision and reduced by its adjustment amount calculated pursuant to
paragraph [(s)] (O) of subdivision one of this section and, for distrib-
utions for the period January first, two thousand five through December
thirty-first, two thousand five, further reduced by its extra reduction
amount calculated pursuant to paragraph [(t)] (P) of subdivision one of
this section.
(a) Up to thirty-one million dollars annually for the periods January
first, two thousand through December thirty-first, two thousand three,
and up to twenty-five million dollars plus the sum of the amounts speci-
fied in paragraph [(n)] (K) of subdivision one of this section for the
period January first, two thousand five through December thirty-first,
two thousand five, and up to thirty-one million dollars annually for the
period January first, two thousand six through December thirty-first,
two thousand seven, shall be set aside and reserved by the commissioner
from the regional pools established pursuant to subdivision two of this
section for supplemental distributions in each such region to be made by
the commissioner to consortia and teaching general hospitals in accord-
ance with a distribution methodology developed in consultation with the
S. 9007--A 31 A. 10007--A
council and specified in rules and regulations adopted by the commis-
sioner.
(d) Notwithstanding any other provision of law or regulation, for the
period January first, two thousand five through December thirty-first,
two thousand five, the commissioner shall distribute as supplemental
payments the allotment specified in paragraph [(n)] (K) of subdivision
one of this section.
Notwithstanding any provision of law to the contrary, applications
submitted on or after April first, two thousand sixteen, for the physi-
cian loan repayment program pursuant to paragraph [(c)] (B) of subdivi-
sion five-a of this section and subdivision ten of this section or the
physician practice support program pursuant to paragraph [(d)] (C) of
subdivision five-a of this section, shall be subject to the following
changes:
§ 9. Paragraph (b) of subdivision 5-a of section 2807-m of the public
health law is REPEALED and paragraphs (c), (d), (e), (f), (g) and (h)
are relettered paragraphs (b), (c), (d), (e), (f) and (g).
§ 10. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 5-a of
section 2807-m of the public health law, as amended by section 6 of part
C of chapter 57 of the laws of 2023 and paragraphs (b), (c), (d), (e)
and (f) as relettered by section nine of this act, are amended to read
as follows:
(a) Supplemental distributions. (i) Thirty-one million dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight, shall be set aside and reserved by the commissioner
from the regional pools established pursuant to subdivision two of this
section and shall be available for distributions pursuant to subdivision
five of this section and in accordance with section 86-1.89 of title 10
of the codes, rules and regulations of the state of New York as in
effect on January first, two thousand eight[; provided, however, for
purposes of funding the empire clinical research investigation program
(ECRIP) in accordance with paragraph eight of subdivision (e) and para-
graph 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 para-
graph two of subdivision (f) of section 86-1.89 of title 10 of the
codes, rules and regulations 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) 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-
S. 9007--A 32 A. 10007--A
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, 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, AND UP TO ONE MILLION SEVEN HUNDRED FIVE
THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO
THOUSAND TWENTY-SIX THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-
NINE, 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 avail-
able 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.
(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.
(c) 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-
S. 9007--A 33 A. 10007--A
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, up to four million three hundred sixty thousand
dollars for each fiscal year for the period April first, two thousand
twenty through March thirty-first, two thousand twenty-three, [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, AND UP TO FOUR MILLION THREE
HUNDRED SIXTY THOUSAND DOLLARS FOR EACH FISCAL YEAR FOR THE PERIOD APRIL
FIRST, TWO THOUSAND TWENTY-SIX THROUGH MARCH THIRTY-FIRST, TWO THOUSAND
TWENTY-NINE, 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.
(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.
(d) Work group. For funding available pursuant to paragraphs (B) AND
(c)[, (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.
S. 9007--A 34 A. 10007--A
(e) 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, 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 thou-
sand 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, AND UP
TO FOUR HUNDRED EIGHTY-SEVEN THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR
THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-SIX THROUGH MARCH THIRTY-
FIRST, TWO THOUSAND TWENTY-NINE, 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.
(f) [Diversity in medicine/post-baccalaureate program] SCHOLARS IN
MEDICINE AND SCIENCE AND SCHOLARSHIPS IN MEDICINE PROGRAMS. Notwith-
standing 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 Janu-
ary first, two thousand 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 thir-
ty-first, two thousand 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 thir-
ty-first, two thousand twenty, up to one million six hundred five thou-
sand 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, AND UP TO ONE
MILLION SIX HUNDRED FIVE THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE
PERIOD APRIL FIRST, TWO THOUSAND TWENTY-SIX THROUGH MARCH THIRTY-FIRST,
TWO THOUSAND TWENTY-NINE, shall be set aside and reserved by the commis-
sioner from the regional pools established pursuant to subdivision two
of this section and shall be available for distributions to the Associ-
ated Medical Schools of New York to fund its [diversity program] SCHOL-
ARS IN MEDICINE AND SCIENCE AND SCHOLARSHIPS IN MEDICINE PROGRAMS
including existing and new post-baccalaureate programs for minority and
S. 9007--A 35 A. 10007--A
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.
§ 11. Subparagraph (xvi) of paragraph (a) of subdivision 7 of section
2807-s of the public health law, as amended by section 8 of part Y of
chapter 56 of the laws of 2020, is amended to read as follows:
(xvi) provided further, however, for periods prior to July first, two
thousand nine, amounts set forth in this paragraph shall be reduced by
an amount equal to the actual distribution reductions for all facilities
pursuant to paragraph [(s)] (O) of subdivision one of section twenty-
eight hundred seven-m of this article.
§ 12. Subdivision (c) of section 92-dd of the state finance law, as
amended by section 9 of part Y of chapter 56 of the laws of 2020, is
amended to read as follows:
(c) The pool administrator shall, from appropriated funds transferred
to the pool administrator from the comptroller, continue to make
payments as required pursuant to sections twenty-eight hundred seven-k,
twenty-eight hundred seven-m (not including payments made pursuant to
SUBDIVISION FIVE-B AND paragraphs (B), (c), [(d),,] (E) AND (f) [and
(g)] of subdivision five-a of section twenty-eight hundred seven-m), and
twenty-eight hundred seven-w of the public health law, paragraph (e) of
subdivision twenty-five of section twenty-eight hundred seven-c of the
public health law, paragraphs (b) and (c) of subdivision thirty of
section twenty-eight hundred seven-c of the public health law, paragraph
(b) of subdivision eighteen of section twenty-eight hundred eight of the
public health law, subdivision seven of section twenty-five hundred-d of
the public health law and section eighty-eight of chapter one of the
laws of nineteen hundred ninety-nine.
§ 13. Subdivision 4-c of section 2807-p of the public health law, as
amended by section 7 of part C of chapter 57 of the laws of 2023, 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
S. 9007--A 36 A. 10007--A
period January first, two thousand fifteen through December thirty-
first, two thousand fifteen, seven million five hundred thousand
dollars, for the period January first two thousand sixteen through
December thirty-first, two thousand sixteen, seven million five hundred
thousand dollars, for the period January first, two thousand seventeen
through December thirty-first, two thousand seventeen, seven million
five hundred thousand dollars, for the period January first, two thou-
sand eighteen through December thirty-first, two thousand eighteen,
seven million five hundred thousand dollars, for the period January
first, two thousand nineteen through December thirty-first, two thousand
nineteen, seven million five hundred thousand dollars, for the period
January first, two thousand twenty through December thirty-first, two
thousand twenty, seven million five hundred thousand dollars, for the
period January first, two thousand twenty-one through December thirty-
first, two thousand twenty-one, seven million five hundred thousand
dollars, for the period January first, two thousand twenty-two through
December thirty-first, two thousand twenty-two, seven million five
hundred thousand dollars, 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, FOR THE PERIOD JANUARY FIRST, TWO THOUSAND TWENTY-SIX THROUGH
DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, SEVEN MILLION FIVE
HUNDRED THOUSAND DOLLARS, FOR THE PERIOD JANUARY FIRST, TWO THOUSAND
TWENTY-SEVEN THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SEVEN,
SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS, FOR THE PERIOD JANUARY
FIRST, TWO THOUSAND TWENTY-EIGHT THROUGH DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-EIGHT, SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS, and
for the period January first, two thousand [twenty-six] TWENTY-NINE
through March thirty-first, two thousand [twenty-six] TWENTY-NINE, in
the amount of one million six hundred thousand dollars, provided, howev-
er, that for periods on and after January first, two thousand eight,
such additional payments shall be distributed to voluntary, non-profit
diagnostic and treatment centers and to public diagnostic and treatment
centers in accordance with paragraph (g) of subdivision 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 adjustments to rates of payment for
voluntary non-profit diagnostic and treatment 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 para-
graph 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 financial 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 assist-
ance payment adjustment under this subdivision.
S. 9007--A 37 A. 10007--A
§ 14. Paragraph (a) of subdivision 6 of section 2807-s of the public
health law is amended by adding a new subparagraph (xvii) to read as
follows:
(XVII) A GROSS ANNUAL STATEWIDE AMOUNT FOR THE PERIOD JANUARY FIRST,
TWO THOUSAND TWENTY-SEVEN TO DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
TY-NINE 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.
§ 15. Subparagraph (xiii) of paragraph (a) of subdivision 7 of section
2807-s of the public health law, as amended by section 10 of part C of
chapter 57 of the laws of 2023, 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-six] TWENTY-NINE;
§ 16. Paragraph (b) of subdivision 6 of section 2807-t of the public
health law, as amended by section 11 of part C of chapter 57 of the laws
of 2023, is amended to read as follows:
(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-one, for amounts collected in the aggregate in excess of one
billion forty-five million dollars on an annual basis, and for the peri-
od January first, two thousand twenty-two to December thirty-first, two
thousand [twenty-six] TWENTY-NINE 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] TWENTY-NINE 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 [twen-
ty-six] TWENTY-NINE for amounts collected in the aggregate in excess of
one billion eighty-five million dollars on an annual basis, shall be
subject to regional adjustments reconciling any decreases or increases
to the regional allocation in accordance with paragraph (a) of this
subdivision.
§ 17. Section 2807-v of the public health law, as amended by section
12 of part C of chapter 57 of the laws of 2023, is amended to read as
follows:
S. 9007--A 38 A. 10007--A
§ 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
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-
S. 9007--A 39 A. 10007--A
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, 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, AND UP TO
ELEVEN MILLION ONE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR
THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-SIX THROUGH MARCH THIRTY-
FIRST, TWO THOUSAND TWENTY-NINE.
(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,
for the period January first, two thousand two through December thirty-
first, two thousand two;
S. 9007--A 40 A. 10007--A
(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 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:
(i) three million five hundred thousand dollars for the period January
first, two thousand through December thirty-first, two thousand;
(ii) twenty-seven million dollars for the period January first, two
thousand one through December thirty-first, two thousand one; and
(iii) fifty-seven million dollars for the period January first, two
thousand two through December thirty-first, two thousand two.
(e) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
S. 9007--A 41 A. 10007--A
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 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:
(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 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: 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]
FOUR THOUSAND THREE hundred twenty-one-a and [forty-three] FOUR THOUSAND
THREE hundred twenty-two-a 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-five million dollars for the period January first,
two thousand through December thirty-first, two thousand of which fifty
percentum shall be allocated to the program pursuant to section four
thousand three hundred twenty-one-a of the insurance law and fifty
percentum to the program pursuant to section four thousand three hundred
twenty-two-a of the insurance law;
(ii) up to thirty-six million dollars for the period January first,
two thousand one through December thirty-first, two thousand one of
S. 9007--A 42 A. 10007--A
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:
(i) up to six million dollars for the period January first, two thou-
sand one through December thirty-first, two thousand one;
S. 9007--A 43 A. 10007--A
(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
first, two thousand seven through December thirty-first, two thousand
seven, two million dollars for the period January first, two thousand
S. 9007--A 44 A. 10007--A
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. 9007--A 45 A. 10007--A
(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;
(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[.]; AND
(XVIII) UP TO SIX MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERI-
OD APRIL FIRST, TWO THOUSAND TWENTY-SIX THROUGH MARCH THIRTY-FIRST, TWO
THOUSAND TWENTY-NINE.
(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;
S. 9007--A 46 A. 10007--A
(viii) one hundred fifty-one million four hundred thousand dollars,
plus an additional five hundred thousand dollars, for the period January
first, two thousand seven through December thirty-first, two thousand
seven;
(ix) one hundred sixteen million nine hundred forty-nine thousand
dollars, plus an additional five hundred thousand dollars, for the peri-
od January first, two thousand eight through December thirty-first, two
thousand eight;
(x) one hundred sixteen million nine hundred forty-nine thousand
dollars, plus an additional five hundred thousand dollars, for the peri-
od January first, two thousand nine through December thirty-first, two
thousand nine;
(xi) one hundred sixteen million nine hundred forty-nine thousand
dollars, plus an additional five hundred thousand dollars, for the peri-
od January first, two thousand ten through December thirty-first, two
thousand ten;
(xii) twenty-nine million two hundred thirty-seven thousand two
hundred fifty dollars, plus an additional one hundred twenty-five thou-
sand dollars, for the period January first, two thousand eleven through
March thirty-first, two thousand eleven;
(xiii) one hundred twenty million thirty-eight thousand dollars for
the period April first, two thousand eleven through March thirty-first,
two thousand twelve; and
(xiv) one hundred nineteen million four hundred seven thousand dollars
each state fiscal year for the period April first, two thousand twelve
through March thirty-first, two thousand fourteen.
(l) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of the personal care and certified home health agency rate or fee
increases established pursuant to subdivision three of section three
hundred sixty-seven-o of the social services law from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
(i) twenty-three million two hundred thousand dollars for the period
January first, two thousand through December thirty-first, two thousand;
(ii) twenty-three million two hundred thousand dollars for the period
January first, two thousand one through December thirty-first, two thou-
sand one;
(iii) twenty-three million two hundred thousand dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
(iv) up to sixty-five million two hundred thousand dollars for the
period January first, two thousand three through December thirty-first,
two thousand three;
(v) up to sixty-five million two hundred thousand dollars for the
period January first, two thousand four through December thirty-first,
two thousand four;
(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;
S. 9007--A 47 A. 10007--A
(viii) up to sixty-five million two hundred thousand dollars for the
period January first, two thousand seven through December thirty-first,
two thousand seven; and
(ix) up to sixteen million three hundred thousand dollars for the
period January first, two thousand eight through March thirty-first, two
thousand eight.
(m) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of services and expenses related to home care workers insurance
pilot demonstration programs established pursuant to subdivision two of
section three hundred sixty-seven-o of the social services law from the
tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) three million eight hundred thousand dollars for the period Janu-
ary first, two thousand through December thirty-first, two thousand;
(ii) three million eight hundred thousand dollars for the period Janu-
ary first, two thousand one through December thirty-first, two thousand
one;
(iii) three million eight hundred thousand dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
(iv) up to three million eight hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(v) up to three million eight hundred thousand dollars for the period
January first, two thousand four through December thirty-first, two
thousand four;
(vi) up to three million eight hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(vii) up to three million eight hundred thousand dollars for the peri-
od January first, two thousand six through December thirty-first, two
thousand six;
(viii) up to three million eight hundred thousand dollars for the
period January first, two thousand seven through December thirty-first,
two thousand seven; and
(ix) up to nine hundred fifty thousand dollars for the period January
first, two thousand eight through March thirty-first, two thousand
eight.
(n) Funds shall be transferred by the commissioner and shall be depos-
ited to the credit of the special revenue funds - other, miscellaneous
special revenue fund - 339, elderly pharmaceutical insurance coverage
program premium account authorized pursuant to the provisions of title
three of article two of the elder law, or any successor fund or account,
for funding state expenses relating to the program from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
(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;
S. 9007--A 48 A. 10007--A
(iii) three hundred twenty-two million seven hundred thousand dollars
for the period January first, two thousand two through December thirty-
first, two thousand two;
(iv) four hundred thirty-three million three hundred thousand dollars
for the period January first, two thousand three through December thir-
ty-first, two thousand three;
(v) five hundred four million one hundred fifty thousand dollars for
the period January first, two thousand four through December thirty-
first, two thousand four;
(vi) five hundred sixty-six million eight hundred thousand dollars for
the period January first, two thousand five through December thirty-
first, two thousand five;
(vii) six hundred three million one hundred fifty thousand dollars for
the period January first, two thousand six through December thirty-
first, two thousand six;
(viii) six hundred sixty million eight hundred thousand dollars for
the period January first, two thousand seven through December thirty-
first, two thousand seven;
(ix) three hundred sixty-seven million four hundred sixty-three thou-
sand dollars for the period January first, two thousand eight through
December thirty-first, two thousand eight;
(x) three hundred thirty-four million eight hundred twenty-five thou-
sand dollars for the period January first, two thousand nine through
December thirty-first, two thousand nine;
(xi) three hundred forty-four million nine hundred thousand dollars
for the period January first, two thousand ten through December thirty-
first, two thousand ten;
(xii) eighty-seven million seven hundred eighty-eight thousand dollars
for the period January first, two thousand eleven through March thirty-
first, two thousand eleven;
(xiii) one hundred forty-three million one hundred fifty thousand
dollars for the period April first, two thousand eleven through March
thirty-first, two thousand twelve;
(xiv) one hundred twenty million nine hundred fifty thousand dollars
for the period April first, two thousand twelve through March thirty-
first, two thousand thirteen;
(xv) one hundred twenty-eight million eight hundred fifty thousand
dollars for the period April first, two thousand thirteen through March
thirty-first, two thousand fourteen;
(xvi) one hundred twenty-seven million four hundred sixteen thousand
dollars each state fiscal year for the period April first, two thousand
fourteen through March thirty-first, two thousand seventeen;
(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;
(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[.]; AND
(XX) ONE HUNDRED TWENTY-SEVEN MILLION FOUR HUNDRED SIXTEEN THOUSAND
DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
TWENTY-SIX THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-NINE.
(o) Funds shall be reserved and accumulated and shall be transferred
to the Roswell Park Cancer Institute Corporation, from the tobacco
S. 9007--A 49 A. 10007--A
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;
(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;
(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[.]; AND
(XVIII) UP TO NINETY-SIX MILLION SIX HUNDRED THOUSAND DOLLARS EACH
STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-SIX
THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-NINE.
(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:
S. 9007--A 50 A. 10007--A
(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;
(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;
S. 9007--A 51 A. 10007--A
(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;
(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]
(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[.]; AND
(XVI) UP TO FIVE MILLION TWO HUNDRED EIGHTY-EIGHT THOUSAND DOLLARS
EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-
SIX THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-NINE.
(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 -
S. 9007--A 52 A. 10007--A
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;
(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
S. 9007--A 53 A. 10007--A
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
(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;
S. 9007--A 54 A. 10007--A
(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;
(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]
(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[.]; AND
(XVI) UP TO ONE HUNDRED TWENTY-SEVEN MILLION FOUR HUNDRED THOUSAND
DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
TWENTY-SIX THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-NINE.
(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;
S. 9007--A 55 A. 10007--A
(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;
(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[.]; AND
(XVI) UP TO TWO MILLION ONE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL
YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-SIX THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-NINE.
(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:
S. 9007--A 56 A. 10007--A
(i) eighteen million five hundred thousand dollars on an annualized
basis for the period January first, two thousand two through December
thirty-first, two thousand two;
(ii) thirty-seven million four hundred thousand dollars on an annual-
ized basis for the period January first, two thousand three through
December thirty-first, two thousand three;
(iii) fifty-two million two hundred thousand dollars on an annualized
basis for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) fifty-two million two hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) fifty-two million two hundred thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) forty-nine million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven;
(vii) forty-nine million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight; and
(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;
S. 9007--A 57 A. 10007--A
(vii) twenty-four million seven hundred thousand dollars for the peri-
od January first, two thousand eight through December thirty-first, two
thousand eight;
(viii) twelve million three hundred seventy-five thousand dollars for
the period January first, two thousand nine through December thirty-
first, two thousand nine;
(ix) nine million three hundred thousand dollars for the period Janu-
ary first, two thousand ten through December thirty-first, two thousand
ten; and
(x) two million three hundred twenty-five thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven.
(aa) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of grants to public residential health care facilities for recruitment
and retention of health care workers pursuant to paragraph (b) of subdi-
vision eighteen of section twenty-eight hundred eight of this article
from the tobacco control and insurance initiatives pool established for
the following periods in the following amounts:
(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-
S. 9007--A 58 A. 10007--A
ing the recruitment and retention of personal care service workers or
any worker with direct patient care responsibility, from the tobacco
control and insurance initiatives pool established for the following
periods and the following amounts:
(A) forty-four million dollars, on an annualized basis, for the period
April first, two thousand two through December thirty-first, two thou-
sand two;
(B) seventy-four million dollars, on an annualized basis, for the
period January first, two thousand three through December thirty-first,
two thousand three;
(C) one hundred four million dollars, on an annualized basis, for the
period January first, two thousand four through December thirty-first,
two thousand four;
(D) one hundred thirty-six million dollars, on an annualized basis,
for the period January first, two thousand five through December thir-
ty-first, two thousand five;
(E) one hundred thirty-six million dollars, on an annualized basis,
for the period January first, two thousand six through December thirty-
first, two thousand six;
(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;
(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[.]; AND
(P) UP TO ONE HUNDRED THIRTY-SIX MILLION DOLLARS EACH STATE FISCAL
YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-SIX THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-NINE.
(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;
S. 9007--A 59 A. 10007--A
(B) for the period January first, two thousand three through December
thirty-first, two thousand three, one hundred eighty-five million
dollars;
(C) for the period January first, two thousand four through December
thirty-first, two thousand four, two hundred sixty million dollars;
(D) for the period January first, two thousand five through December
thirty-first, two thousand five, three hundred forty million dollars;
(E) for the period January first, two thousand six through December
thirty-first, two thousand six, three hundred forty million dollars;
(F) for the period January first, two thousand seven through December
thirty-first, two thousand seven, three hundred forty million dollars;
(G) for the period January first, two thousand eight through December
thirty-first, two thousand eight, three hundred forty million dollars;
(H) for the period January first, two thousand nine through December
thirty-first, two thousand nine, three hundred forty million dollars;
(I) for the period January first, two thousand ten through December
thirty-first, two thousand ten, three hundred forty million dollars;
(J) for the period January first, two thousand eleven through March
thirty-first, two thousand eleven, eighty-five million dollars;
(K) for each state fiscal year within the period April first, two
thousand eleven through March thirty-first, two thousand fourteen, three
hundred forty million dollars;
(L) for each state fiscal year within the period April first, two
thousand fourteen through March thirty-first, two thousand seventeen,
three hundred forty million dollars;
(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;
(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[.]; AND
(P) FOR EACH STATE FISCAL YEAR WITHIN THE PERIOD APRIL FIRST, TWO
THOUSAND TWENTY-SIX THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-
NINE, 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
S. 9007--A 60 A. 10007--A
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for the purpose of supporting the
state share of adjustments to Medicaid rates of payment for personal
care services provided pursuant to paragraph (e) of subdivision two of
section three hundred sixty-five-a of the social services law, for local
social service districts which shall not include a city with a popu-
lation of over one million persons for the purpose of supporting the
personal care services worker recruitment and retention program as
established pursuant to section three hundred sixty-seven-q of the
social services law, from the tobacco control and insurance initiatives
pool established for the following periods and the following amounts:
(i) two million eight hundred thousand dollars for the period April
first, two thousand two through December thirty-first, two thousand two;
(ii) five million six hundred thousand dollars, on an annualized
basis, for the period January first, two thousand three through December
thirty-first, two thousand three;
(iii) eight million four hundred thousand dollars, on an annualized
basis, for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) ten million eight hundred thousand dollars, on an annualized
basis, for the period January first, two thousand five through December
thirty-first, two thousand five;
(v) ten million eight hundred thousand dollars, on an annualized
basis, for the period January first, two thousand six through December
thirty-first, two thousand six;
(vi) eleven million two hundred thousand dollars for the period Janu-
ary first, two thousand seven through December thirty-first, two thou-
sand seven;
(vii) eleven million two hundred thousand dollars for the period Janu-
ary first, two thousand eight through December thirty-first, two thou-
sand eight;
(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;
(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[.]; AND
S. 9007--A 61 A. 10007--A
(XVI) UP TO ELEVEN MILLION TWO HUNDRED THOUSAND DOLLARS EACH STATE
FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-SIX THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-NINE.
(dd) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any successor fund or account, for purposes of funding the state share
of Medicaid expenditures for physician services from the tobacco control
and insurance initiatives pool established for the following periods in
the following amounts:
(i) up to fifty-two million dollars for the period January first, two
thousand two through December thirty-first, two thousand two;
(ii) eighty-one million two hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(iii) eighty-five million two hundred thousand dollars for the period
January first, two thousand four through December thirty-first, two
thousand four;
(iv) eighty-five million two hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) eighty-five million two hundred thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) eighty-five million two hundred thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(vii) eighty-five million two hundred thousand dollars for the period
January first, two thousand eight through December thirty-first, two
thousand eight;
(viii) eighty-five million two hundred thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) eighty-five million two hundred thousand dollars for the period
January first, two thousand ten through December thirty-first, two thou-
sand ten;
(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;
S. 9007--A 62 A. 10007--A
(ii) three million two hundred fifty thousand dollars on an annualized
basis for the period January first, two thousand three through December
thirty-first, two thousand three;
(iii) three million two hundred fifty thousand dollars on an annual-
ized basis for the period January first, two thousand four through
December thirty-first, two thousand four;
(iv) three million two hundred fifty thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) three million two hundred fifty thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) three million two hundred fifty thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(vii) three million four hundred thirty-eight thousand dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight;
(viii) two million four hundred fifty thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) one million five hundred thousand dollars for the period January
first, two thousand ten through December thirty-first, two thousand ten;
and
(x) three hundred twenty-five thousand dollars for the period January
first, two thousand eleven through March thirty-first, two thousand
eleven.
(ff) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any successor fund or account, for purposes of funding the state share
of Medicaid expenditures for disabled persons as authorized pursuant to
former subparagraphs twelve and thirteen of paragraph (a) of subdivision
one of section three hundred sixty-six of the social services law from
the tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(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;
S. 9007--A 63 A. 10007--A
(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;
(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[.]; AND
(XVI) FIFTEEN MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
APRIL FIRST, TWO THOUSAND TWENTY-SIX THROUGH MARCH THIRTY-FIRST, TWO
THOUSAND TWENTY-NINE.
(gg) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of grants to non-public general hospitals pursuant to paragraph (c) of
subdivision thirty of section twenty-eight hundred seven-c of this arti-
cle from the tobacco control and insurance initiatives pool established
for the following periods in the following amounts:
(i) up to one million three hundred thousand dollars on an annualized
basis for the period January first, two thousand two through December
thirty-first, two thousand two;
(ii) up to three million two hundred thousand dollars on an annualized
basis for the period January first, two thousand three through December
thirty-first, two thousand three;
(iii) up to five million six hundred thousand dollars on an annualized
basis for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) up to eight million six hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(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;
S. 9007--A 64 A. 10007--A
(ix) up to two million six hundred thousand dollars for the period
January first, two thousand ten through December thirty-first, two thou-
sand ten; and
(x) up to six hundred fifty thousand dollars for the period January
first, two thousand eleven through March thirty-first, two thousand
eleven.
(hh) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the special revenue
fund - other, HCRA transfer fund, medical assistance account for
purposes of providing financial assistance to residential health care
facilities pursuant to subdivisions nineteen and twenty-one of section
twenty-eight hundred eight of this article, from the tobacco control and
insurance initiatives pool established for the following periods in the
following amounts:
(i) for the period April first, two thousand two through December
thirty-first, two thousand two, ten million dollars;
(ii) for the period January first, two thousand three through December
thirty-first, two thousand three, nine million four hundred fifty thou-
sand dollars;
(iii) for the period January first, two thousand four through December
thirty-first, two thousand four, nine million three hundred fifty thou-
sand dollars;
(iv) up to fifteen million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(v) up to fifteen million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(vi) up to fifteen million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven;
(vii) up to fifteen million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight;
(viii) up to fifteen million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
(ix) up to fifteen million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten;
(x) up to three million seven hundred fifty thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven; and
(xi) fifteen million dollars each state fiscal year for the period
April first, two thousand eleven through March thirty-first, two thou-
sand fourteen.
(ii) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
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;
S. 9007--A 65 A. 10007--A
(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;
(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;
(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[.]; AND
(XVI) EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL
YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-SIX THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-NINE.
(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
S. 9007--A 66 A. 10007--A
March thirty-first, two thousand eleven in the amount of two million two
hundred thousand dollars, and for the period April first, two thousand
eleven through March thirty-first, two thousand twelve up to one million
one hundred thousand dollars.
(kk) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds -- other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of Medical Assistance Program expenditures from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
(i) thirty-eight million eight hundred thousand dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
(ii) up to two hundred ninety-five million dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(iii) up to four hundred seventy-two million dollars for the period
January first, two thousand four through December thirty-first, two
thousand four;
(iv) up to nine hundred million dollars for the period January first,
two thousand five through December thirty-first, two thousand five;
(v) up to eight hundred sixty-six million three hundred thousand
dollars for the period January first, two thousand six through December
thirty-first, two thousand six;
(vi) up to six hundred sixteen million seven hundred thousand dollars
for the period January first, two thousand seven through December thir-
ty-first, two thousand seven;
(vii) up to five hundred seventy-eight million nine hundred twenty-
five thousand dollars for the period January first, two thousand eight
through December thirty-first, two thousand eight; and
(viii) within amounts appropriated on and after January first, two
thousand nine.
(ll) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds -- other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of Medicaid expenditures related to the city of New York from the
tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) eighty-two million seven hundred thousand dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
(ii) one hundred twenty-four million six hundred thousand dollars for
the period January first, two thousand three through December thirty-
first, two thousand three;
(iii) one hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand four through December thir-
ty-first, two thousand four;
(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;
S. 9007--A 67 A. 10007--A
(v) one hundred twenty-four million seven hundred thousand dollars for
the period January first, two thousand six through December thirty-
first, two thousand six;
(vi) one hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand seven through December thir-
ty-first, two thousand seven;
(vii) one hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand eight through December thir-
ty-first, two thousand eight;
(viii) one hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand nine through December thir-
ty-first, two thousand nine;
(ix) one hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand ten through December thirty-
first, two thousand ten;
(x) thirty-one million one hundred seventy-five thousand dollars for
the period January first, two thousand eleven through March thirty-
first, two thousand eleven; and
(xi) one hundred twenty-four million seven hundred thousand dollars
each state fiscal year for the period April first, two thousand eleven
through March thirty-first, two thousand fourteen.
(mm) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding specified
percentages of the state share of services and expenses related to the
family health plus program in accordance with the following schedule:
(i) (A) for the period January first, two thousand three through
December thirty-first, two thousand four, one hundred percent of the
state share;
(B) for the period January first, two thousand five through December
thirty-first, two thousand five, seventy-five percent of the state
share; and
(C) for periods beginning on and after January first, two thousand
six, fifty percent of the state share.
(ii) Funding for the family health plus program will include up to
five million dollars annually for the period January first, two thousand
three through December thirty-first, two thousand six, up to five
million dollars for the period January first, two thousand seven through
December thirty-first, two thousand seven, up to seven million two
hundred thousand dollars for the period January first, two thousand
eight through December thirty-first, two thousand eight, up to seven
million two hundred thousand dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine, up to
seven million two hundred thousand dollars for the period January first,
two thousand ten through December thirty-first, two thousand ten, up to
one million eight hundred thousand dollars for the period January first,
two thousand eleven through March thirty-first, two thousand eleven, up
to six million forty-nine thousand dollars for the period April first,
two thousand eleven through March thirty-first, two thousand twelve, up
to six million two hundred eighty-nine thousand dollars for the period
April first, two thousand twelve through March thirty-first, two thou-
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
S. 9007--A 68 A. 10007--A
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;
(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;
S. 9007--A 69 A. 10007--A
(ii) up to six million dollars for the period January first, two thou-
sand four through December thirty-first, two thousand four;
(iii) up to eight million dollars for the period January first, two
thousand five through December thirty-first, two thousand five,
provided, however, that up to five million two hundred fifty thousand
dollars of such funds shall be received by the comptroller and deposited
to the credit of the special revenue fund - other / aid to localities,
HCRA transfer fund - 061, enhanced community services account - 05, or
any successor fund or account, for the purposes set forth in this para-
graph;
(iv) up to eight million dollars for the period January first, two
thousand six through December thirty-first, two thousand six, provided,
however, that up to five million two hundred fifty thousand dollars of
such funds shall be received by the comptroller and deposited to the
credit of the special revenue fund - other / aid to localities, HCRA
transfer fund - 061, enhanced community services account - 05, or any
successor fund or account, for the purposes set forth in this paragraph;
(v) up to eight million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven,
provided, however, that up to five million two hundred fifty thousand
dollars of such funds shall be received by the comptroller and deposited
to the credit of the special revenue fund - other / aid to localities,
HCRA transfer fund - 061, enhanced community services account - 05, or
any successor fund or account, for the purposes set forth in this para-
graph;
(vi) up to two million seven hundred fifty thousand dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight;
(vii) up to two million seven hundred fifty thousand dollars for the
period January first, two thousand nine through December thirty-first,
two thousand nine;
(viii) up to two million seven hundred fifty thousand dollars for the
period January first, two thousand ten through December thirty-first,
two thousand ten; and
(ix) up to six hundred eighty-eight thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven.
(oo) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of grants to non-public general hospitals pursuant to paragraph (e) of
subdivision twenty-five of section twenty-eight hundred seven-c of this
article from the tobacco control and insurance initiatives pool estab-
lished for the following periods in the following amounts:
(i) up to five million dollars on an annualized basis for the period
January first, two thousand four through December thirty-first, two
thousand four;
(ii) up to five million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(iii) up to five million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(iv) up to five million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven;
(v) up to five million dollars for the period January first, two thou-
sand eight through December thirty-first, two thousand eight;
(vi) up to five million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
S. 9007--A 70 A. 10007--A
(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
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
S. 9007--A 71 A. 10007--A
funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing
and administering the long-term care insurance education and outreach
program and three million fifty thousand dollars shall be made available
to the office for the aging for the purpose of providing the long term
care insurance resource centers with the necessary resources to carry
out their operations;
(iv) up to five million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven; of
such funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing
and administering the long-term care insurance education and outreach
program and three million fifty thousand dollars shall be made available
to the office for the aging for the purpose of providing the long term
care insurance resource centers with the necessary resources to carry
out their operations;
(v) up to five million dollars for the period January first, two thou-
sand eight through December thirty-first, two thousand eight; of such
funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing
and administering the long term care insurance education and outreach
program and three million fifty thousand dollars shall be made available
to the office for the aging for the purpose of providing the long term
care insurance resource centers with the necessary resources to carry
out their operations;
(vi) up to five million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine; of such
funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing
and administering the long-term care insurance education and outreach
program and three million fifty thousand dollars shall be made available
to the office for the aging for the purpose of providing the long-term
care insurance resource centers with the necessary resources to carry
out their operations;
(vii) up to four hundred eighty-eight thousand dollars for the period
January first, two thousand ten through March thirty-first, two thousand
ten; of such funds four hundred eighty-eight thousand dollars shall be
made available to the department for the purpose of developing, imple-
menting and administering the long-term care insurance education and
outreach program.
(rr) Funds shall be reserved and accumulated from the tobacco control
and insurance initiatives pool and shall be available, including income
from invested funds, for the purpose of supporting expenses related to
implementation of the provisions of title 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
S. 9007--A 72 A. 10007--A
(vi) up to two million five hundred thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven.
(ss) Funds shall be reserved and accumulated from the tobacco control
and insurance initiatives pool and used for a health care stabilization
program established by the commissioner for the purposes of stabilizing
critical health care providers and health care programs whose ability to
continue to provide appropriate services are threatened by financial or
other challenges, in the amount of up to twenty-eight million dollars
for the period July first, two thousand four through June thirtieth, two
thousand five. Notwithstanding the provisions of section one hundred
twelve of the state finance law or any other inconsistent provision of
the state finance law or any other law, funds available for distribution
pursuant to this paragraph may be allocated and distributed by the
commissioner, or the state comptroller as applicable without a compet-
itive bid or request for proposal process. Considerations relied upon by
the commissioner in determining the allocation and distribution of these
funds shall include, but not be limited to, the following: (i) the
importance of the provider or program in meeting critical health care
needs in the community in which it operates; (ii) the provider or
program provision of care to under-served populations; (iii) the quality
of the care or services the provider or program delivers; (iv) the abil-
ity of the provider or program to continue to deliver an appropriate
level of care or services if additional funding is made available; (v)
the ability of the provider or program to access, in a timely manner,
alternative sources of funding, including other sources of government
funding; (vi) the ability of other providers or programs in the communi-
ty to meet the community health care needs; (vii) whether the provider
or program has an appropriate plan to improve its financial condition;
and (viii) whether additional funding would permit the provider or
program to consolidate, relocate, or close programs or services where
such actions would result in greater stability and efficiency in the
delivery of needed health care services or programs.
(tt) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of providing grants for two long term care demonstration projects
designed to test new models for the delivery of long term care services
established pursuant to section twenty-eight hundred seven-x of this
[chapter] ARTICLE, 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:
S. 9007--A 73 A. 10007--A
(i) five million dollars for the period January first, two thousand
four through December thirty-first, two thousand four, of which three
million dollars shall be available for disease management demonstration
programs and two million dollars shall be available for telemedicine
demonstration programs;
(ii) five million dollars for the period January first, two thousand
five through December thirty-first, two thousand five, of which three
million dollars shall be available for disease management demonstration
programs and two million dollars shall be available for telemedicine
demonstration programs;
(iii) nine million five hundred thousand dollars for the period Janu-
ary first, two thousand six through December thirty-first, two thousand
six, of which seven million five hundred thousand dollars shall be
available for disease management demonstration programs and two million
dollars shall be available for telemedicine demonstration programs;
(iv) nine million five hundred thousand dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven, of which seven million five hundred thousand dollars shall be
available for disease management demonstration programs and one million
dollars shall be available for telemedicine demonstration programs;
(v) nine million five hundred thousand dollars for the period January
first, two thousand eight through December thirty-first, two thousand
eight, of which seven million five hundred thousand dollars shall be
available for disease management demonstration programs and two million
dollars shall be available for telemedicine demonstration programs;
(vi) seven million eight hundred thirty-three thousand three hundred
thirty-three dollars for the period January first, two thousand nine
through December thirty-first, two thousand nine, of which seven million
five hundred thousand dollars shall be available for disease management
demonstration programs and three hundred thirty-three thousand three
hundred thirty-three dollars shall be available for telemedicine demon-
stration programs for the period January first, two thousand nine
through March first, two thousand nine;
(vii) one million eight hundred seventy-five thousand dollars for the
period January first, two thousand ten through March thirty-first, two
thousand ten shall be available for disease management demonstration
programs.
(ww) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for the deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of the general hospital rates increases for recruitment and
retention of health care workers pursuant to paragraph (e) of subdivi-
sion thirty of section twenty-eight hundred seven-c of this article from
the tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) sixty million five hundred thousand dollars for the period January
first, two thousand five through December thirty-first, two thousand
five; and
(ii) sixty million five hundred thousand dollars for the period Janu-
ary first, two thousand six through December thirty-first, two thousand
six.
(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
S. 9007--A 74 A. 10007--A
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of the general hospital rates increases for rural hospitals pursu-
ant to subdivision thirty-two of section twenty-eight hundred seven-c of
this article from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) three million five hundred thousand dollars for the period January
first, two thousand five through December thirty-first, two thousand
five;
(ii) three million five hundred thousand dollars for the period Janu-
ary first, two thousand six through December thirty-first, two thousand
six;
(iii) three million five hundred thousand dollars for the period Janu-
ary first, two thousand seven through December thirty-first, two thou-
sand seven;
(iv) three million five hundred thousand dollars for the period Janu-
ary first, two thousand eight through December thirty-first, two thou-
sand eight; and
(v) three million two hundred eight thousand dollars for the period
January first, two thousand nine through November thirtieth, two thou-
sand nine.
(yy) Funds shall be reserved and accumulated from year to year and
shall be available, within amounts appropriated and notwithstanding
section one hundred twelve of the state finance law and any other
contrary provision of law, for the purpose of supporting grants not to
exceed five million dollars to be made by the commissioner without a
competitive bid or request for proposal process, in support of the
delivery of critically needed health care services, to health care
providers located in the counties of Erie and Niagara which executed a
memorandum of closing and conducted a merger closing in escrow on Novem-
ber twenty-fourth, nineteen hundred ninety-seven and which entered into
a settlement dated December thirtieth, two thousand four for a loss on
disposal of assets under the provisions of title XVIII of the federal
social security act applicable to mergers occurring prior to December
first, nineteen hundred ninety-seven.
(zz) Funds shall be reserved and accumulated from year to year and
shall be available, within amounts appropriated, for the purpose of
supporting expenditures authorized pursuant to section twenty-eight
hundred eighteen of this article from the tobacco control and insurance
initiatives pool established for the following periods in the following
amounts:
(i) six million five hundred thousand dollars for the period January
first, two thousand five through December thirty-first, two thousand
five;
(ii) one hundred eight million three hundred thousand dollars for the
period January first, two thousand six through December thirty-first,
two thousand six, provided, however, that within amounts appropriated in
the two thousand six through two thousand seven state fiscal year, a
portion of such funds may be transferred to the Roswell Park Cancer
Institute Corporation to fund capital costs;
(iii) one hundred seventy-one million dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven, provided, however, that within amounts appropriated in the two
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;
S. 9007--A 75 A. 10007--A
(iv) one hundred seventy-one million five hundred thousand dollars for
the period January first, two thousand eight through December thirty-
first, two thousand eight;
(v) one hundred twenty-eight million seven hundred fifty thousand
dollars for the period January first, two thousand nine through December
thirty-first, two thousand nine;
(vi) one hundred thirty-one million three hundred seventy-five thou-
sand dollars for the period January first, two thousand ten through
December thirty-first, two thousand ten;
(vii) thirty-four million two hundred fifty thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven;
(viii) four hundred thirty-three million three hundred sixty-six thou-
sand dollars for the period April first, two thousand eleven through
March thirty-first, two thousand twelve;
(ix) one hundred fifty million eight hundred six thousand dollars for
the period April first, two thousand twelve through March thirty-first,
two thousand thirteen;
(x) seventy-eight million seventy-one thousand dollars for the period
April first, two thousand thirteen through March thirty-first, two thou-
sand fourteen.
(aaa) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for services
and expenses related to school based health centers, in an amount up to
three million five hundred thousand dollars for the period April first,
two thousand six through March thirty-first, two thousand seven, up to
three million five hundred thousand dollars for the period April first,
two thousand seven through March thirty-first, two thousand eight, up to
three million five hundred thousand dollars for the period April first,
two thousand eight through March thirty-first, two thousand nine, up to
three million five hundred thousand dollars for the period April first,
two thousand nine through March thirty-first, two thousand ten, up to
three million five hundred thousand dollars for the period April first,
two thousand ten through March thirty-first, two thousand eleven, up to
two million eight hundred thousand dollars each state fiscal year for
the period April first, two thousand eleven through March thirty-first,
two thousand fourteen, up to two million six hundred forty-four thousand
dollars each state fiscal year for the period April first, two thousand
fourteen through March thirty-first, two thousand seventeen, 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, 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, AND UP TO TWO
MILLION SIX HUNDRED FORTY-FOUR THOUSAND DOLLARS EACH STATE FISCAL YEAR
FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-SIX THROUGH MARCH THIR-
TY-FIRST, TWO THOUSAND TWENTY-NINE. The total amount of funds provided
herein shall be distributed as grants based on the ratio of each provid-
er'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
S. 9007--A 76 A. 10007--A
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;
(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;
S. 9007--A 77 A. 10007--A
(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[.]; AND
(XII) UP TO FIFTY MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERI-
OD APRIL FIRST, TWO THOUSAND TWENTY-SIX THROUGH MARCH THIRTY-FIRST, TWO
THOUSAND TWENTY-NINE.
(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
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
S. 9007--A 78 A. 10007--A
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,
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.
§ 18. Paragraph (a) of subdivision 12 of section 367-b of the social
services law, as amended by section 13 of part C of chapter 57 of the
laws of 2023, 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-six] TWENTY-NINE, by such hospi-
tals which elect to participate in the system.
§ 19. Paragraph (u) of subdivision 9 of section 3614 of the public
health law, as added by section 14 of part C of chapter 57 of the laws
S. 9007--A 79 A. 10007--A
of 2023, is amended and three new paragraphs (v), (w) and (x) are added
to read as follows:
(u) for the period April first, two thousand twenty-five through March
thirty-first, two thousand twenty-six, up to one hundred million
dollars[.];
(V) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-SIX THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-SEVEN, UP TO ONE HUNDRED MILLION
DOLLARS;
(W) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-SEVEN THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT, UP TO ONE HUNDRED MILLION
DOLLARS;
(X) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-EIGHT THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-NINE, UP TO ONE HUNDRED MILLION
DOLLARS.
§ 20. Paragraph (y) of subdivision 1 of section 367-q of the social
services law, as added by section 15 of part C of chapter 57 of the laws
of 2023, is amended and three new paragraphs (z), (aa) and (bb) are
added to read as follows:
(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[.];
(Z) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-SIX THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-SEVEN, UP TO TWENTY-EIGHT MILLION FIVE
HUNDRED THOUSAND DOLLARS;
(AA) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-SEVEN THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT, UP TO TWENTY-EIGHT
MILLION FIVE HUNDRED THOUSAND DOLLARS;
(BB) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-EIGHT THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-NINE, UP TO TWENTY-EIGHT MILLION
FIVE HUNDRED THOUSAND DOLLARS.
§ 21. This act shall take effect April 1, 2026; 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, 2026; and further provided, that:
(a) the amendments to sections 2807-j and 2807-s of the public health
law made by sections two, eleven, fourteen and fifteen of this act shall
not affect the expiration of such sections and shall expire therewith;
(b) the amendments to subdivision 6 of section 2807-t of the public
health law made by section sixteen of this act shall not affect the
expiration of such section and shall be deemed to expire therewith; and
(c) the amendments to paragraph (i-1) of subdivision 1 of section
2807-v of the public health law made by section seventeen 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 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 G of chapter 57 of the laws of 2025, is
amended and a new subdivision 9 is added 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-
S. 9007--A 80 A. 10007--A
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, between July 1, 2022 and June 30, 2023,
between July 1, 2023 and June 30, 2024, between July 1, 2024 and June
30, 2025, [and] between July 1, 2025 and June 30, 2026, AND BETWEEN JULY
1, 2026 AND JUNE 30, 2027 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 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, between July 1, 2022 and June 30, 2023, between July
1, 2023 and June 30, 2024, between July 1, 2024 and June 30, 2025, [and]
S. 9007--A 81 A. 10007--A
between July 1, 2025 and June 30, 2026, AND BETWEEN JULY 1, 2026 AND
JUNE 30, 2027 for physicians or dentists certified as eligible for each
such period or periods pursuant 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 coverage for such occurrences or be endorsed as
additional insureds under a hospital professional liability policy which
is offered through a voluntary 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 insur-
ance coverage provided pursuant to this act, exceeds the rate of nine
percent per annum, then the required level of primary malpractice insur-
ance 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 cover-
age, 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 thousand dollars for each claimant and three
million nine hundred thousand dollars for all claimants for such occur-
rences shall be effective April 1, 2002.
(9) THIS SUBDIVISION SHALL APPLY ONLY TO EXCESS INSURANCE COVERAGE OR
EQUIVALENT EXCESS COVERAGE FOR PHYSICIANS OR DENTISTS THAT IS ELIGIBLE
TO BE PAID FOR FROM FUNDS AVAILABLE IN THE HOSPITAL EXCESS LIABILITY
POOL.
(A) NOTWITHSTANDING ANY LAW TO THE CONTRARY, FOR ANY POLICY PERIOD
BEGINNING ON OR AFTER JULY 1, 2025, EXCESS COVERAGE SHALL BE PURCHASED
BY A PHYSICIAN OR DENTIST DIRECTLY FROM A PROVIDER OF EXCESS INSURANCE
COVERAGE OR EQUIVALENT EXCESS COVERAGE. AT THE CONCLUSION OF THE POLICY
PERIOD THE SUPERINTENDENT OF FINANCIAL SERVICES AND THE COMMISSIONER OF
HEALTH OR THEIR DESIGNEE SHALL, FROM FUNDS AVAILABLE IN THE HOSPITAL
EXCESS LIABILITY POOL CREATED PURSUANT TO SUBDIVISION 5 OF THIS SECTION,
PAY FIFTY PERCENT OF THE PREMIUM TO THE PROVIDER OF EXCESS INSURANCE
COVERAGE OR EQUIVALENT EXCESS COVERAGE, AND THE REMAINING FIFTY PERCENT
SHALL BE PAID ONE YEAR THEREAFTER.
S. 9007--A 82 A. 10007--A
(B) NOTWITHSTANDING ANY LAW TO THE CONTRARY, FOR ANY POLICY PERIOD
BEGINNING ON OR AFTER JULY 1, 2026, EXCESS COVERAGE SHALL BE PURCHASED
BY A PHYSICIAN OR DENTIST DIRECTLY FROM A PROVIDER OF EXCESS INSURANCE
COVERAGE OR EQUIVALENT EXCESS COVERAGE. SUCH PROVIDER OF EXCESS INSUR-
ANCE COVERAGE OR EQUIVALENT EXCESS COVERAGE SHALL BILL, IN A MANNER
CONSISTENT WITH PARAGRAPH (F) OF THIS SUBDIVISION, THE PHYSICIAN OR
DENTIST FOR AN AMOUNT EQUAL TO FIFTY PERCENT OF THE PREMIUM FOR SUCH
COVERAGE, AS ESTABLISHED PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION,
DURING THE POLICY PERIOD. AT THE CONCLUSION OF THE POLICY PERIOD THE
SUPERINTENDENT OF FINANCIAL SERVICES AND THE COMMISSIONER OF HEALTH OR
THEIR DESIGNEE SHALL, FROM FUNDS AVAILABLE IN THE HOSPITAL EXCESS
LIABILITY POOL CREATED PURSUANT TO SUBDIVISION 5 OF THIS SECTION, PAY
HALF OF THE REMAINING FIFTY PERCENT OF THE PREMIUM TO THE PROVIDER OF
EXCESS INSURANCE COVERAGE OR EQUIVALENT EXCESS COVERAGE, AND THE REMAIN-
ING TWENTY-FIVE PERCENT SHALL BE PAID ONE YEAR THEREAFTER. IF THE FUNDS
AVAILABLE IN THE HOSPITAL EXCESS LIABILITY POOL ARE INSUFFICIENT TO MEET
THE PERCENT OF THE COSTS OF THE EXCESS COVERAGE, THE PROVISIONS OF
SUBDIVISION 8 OF THIS SECTION SHALL APPLY.
(C) IF AT THE CONCLUSION OF THE POLICY PERIOD, A PHYSICIAN OR DENTIST,
ELIGIBLE FOR EXCESS COVERAGE PAID FOR FROM FUNDS AVAILABLE IN THE HOSPI-
TAL EXCESS LIABILITY POOL, HAS FAILED TO PAY AN AMOUNT EQUAL TO FIFTY
PERCENT OF THE PREMIUM AS ESTABLISHED PURSUANT TO PARAGRAPH (D) OF THIS
SUBDIVISION, SUCH EXCESS COVERAGE 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. THE PROVIDER OF EXCESS COVERAGE SHALL REMIT ANY PORTION OF
PREMIUM PAID BY THE ELIGIBLE PHYSICIAN OR DENTIST FOR SUCH A POLICY
PERIOD.
(D) THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL ESTABLISH A RATE
CONSISTENT WITH SUBDIVISION 3 OF THIS SECTION THAT PROVIDERS OF EXCESS
INSURANCE COVERAGE OR EQUIVALENT EXCESS COVERAGE WILL CHARGE FOR SUCH
COVERAGE FOR EACH POLICY PERIOD. FOR THE POLICY PERIOD BEGINNING JULY 1,
2025, THE SUPERINTENDENT OF FINANCIAL SERVICES MAY DIRECT THAT THE
PREMIUM FOR THAT POLICY PERIOD BE THE SAME AS IT WAS FOR THE POLICY
PERIOD THAT CONCLUDED JUNE 30, 2025.
(E) NO PROVIDER OF EXCESS INSURANCE COVERAGE OR EQUIVALENT EXCESS
COVERAGE SHALL ISSUE EXCESS COVERAGE TO WHICH THIS SUBDIVISION APPLIES
TO ANY PHYSICIAN OR DENTIST UNLESS THAT PHYSICIAN OR DENTIST MEETS THE
ELIGIBILITY REQUIREMENTS FOR SUCH COVERAGE SET FORTH IN THIS SECTION.
THE SUPERINTENDENT OF FINANCIAL SERVICES AND THE COMMISSIONER OF HEALTH
OR THEIR DESIGNEE SHALL NOT MAKE ANY PAYMENT UNDER THIS SUBDIVISION TO A
PROVIDER OF EXCESS INSURANCE COVERAGE OR EQUIVALENT EXCESS COVERAGE FOR
EXCESS COVERAGE ISSUED TO A PHYSICIAN OR DENTIST WHO DOES NOT MEET THE
ELIGIBILITY REQUIREMENTS FOR PARTICIPATION IN THE HOSPITAL EXCESS
LIABILITY POOL PROGRAM SET FORTH IN THIS SECTION.
(F) A PROVIDER OF EXCESS INSURANCE COVERAGE OR EQUIVALENT COVERAGE
THAT ISSUES EXCESS COVERAGE UNDER THIS SUBDIVISION SHALL BILL THE PHYSI-
CIAN OR DENTIST FOR THE PORTION OF THE PREMIUM REQUIRED UNDER PARAGRAPH
(A) OF THIS SUBDIVISION IN TWELVE EQUAL MONTHLY INSTALLMENTS OR IN SUCH
OTHER MANNER AS THE PHYSICIAN OR DENTIST MAY AGREE.
(G) THE SUPERINTENDENT OF FINANCIAL SERVICES IN CONSULTATION WITH THE
COMMISSIONER OF HEALTH MAY PROMULGATE REGULATIONS GIVING EFFECT TO THE
PROVISIONS OF THIS SUBDIVISION.
§ 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
S. 9007--A 83 A. 10007--A
malpractice and professional medical conduct, as amended by section 2 of
part G of chapter 57 of the laws of 2025, 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, between July 1, 2022 and June 30, 2023, between July 1, 2023
and June 30, 2024, between July 1, 2024 and June 30, 2025, [and] between
July 1, 2025 and June 30, 2026, AND BETWEEN JULY 1, 2026 AND JUNE 30,
2027 allocable to each general hospital for physicians or dentists
certified as eligible for purchase of a policy for excess insurance
coverage by such general hospital in accordance with subdivision 2 of
this section, and may amend such determination and certification as
necessary.
(b) The superintendent of financial services shall determine and
certify to each general hospital and to the commissioner of health the
cost of excess malpractice insurance or equivalent excess coverage for
medical or dental malpractice occurrences between July 1, 1987 and June
30, 1988, between July 1, 1988 and June 30, 1989, between July 1, 1989
and June 30, 1990, between July 1, 1990 and June 30, 1991, between July
1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993,
between July 1, 1993 and June 30, 1994, between July 1, 1994 and June
30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996
and June 30, 1997, between July 1, 1997 and June 30, 1998, between July
1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000,
between July 1, 2000 and June 30, 2001, between July 1, 2001 and June
30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003
and June 30, 2004, between July 1, 2004 and June 30, 2005, between July
1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007,
between July 1, 2007 and June 30, 2008, between July 1, 2008 and June
30, 2009, between July 1, 2009 and June 30, 2010, between July 1, 2010
and June 30, 2011, between July 1, 2011 and June 30, 2012, between July
1, 2012 and June 30, 2013, between July 1, 2013 and June 30, 2014,
between July 1, 2014 and June 30, 2015, between July 1, 2015 and June
30, 2016, between July 1, 2016 and June 30, 2017, between July 1, 2017
and June 30, 2018, between July 1, 2018 and June 30, 2019, between July
1, 2019 and June 30, 2020, between July 1, 2020 and June 30, 2021,
S. 9007--A 84 A. 10007--A
between July 1, 2021 and June 30, 2022, between July 1, 2022 and June
30, 2023, between July 1, 2023 and June 30, 2024, between July 1, 2024
and June 30, 2025, [and] between July 1, 2025 and June 30, 2026, AND
BETWEEN JULY 1, 2026 AND JUNE 30, 2027 allocable to each general hospi-
tal 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 peri-
od 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, to the period July 1,
2022 to June 30, 2023, to the period July 1, 2023 to June 30, 2024, to
the period July 1, 2024 to June 30, 2025, [and] to the period July 1,
2025 to June 30, 2026, AND TO THE PERIOD JULY 1, 2026 TO JUNE 30, 2027.
§ 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 G of chapter 57 of the
laws of 2025, 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
S. 9007--A 85 A. 10007--A
excess coverage for coverage periods during the period July 1, 1992 to
June 30, 1993, during the period July 1, 1993 to June 30, 1994, during
the period July 1, 1994 to June 30, 1995, during the period July 1, 1995
to June 30, 1996, during the period July 1, 1996 to June 30, 1997,
during the period July 1, 1997 to June 30, 1998, during the period July
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, during the period July 1, 2022 to June 30, 2023, during the period
July 1, 2023 to June 30, 2024, during the period July 1, 2024 to June
30, 2025, [and] during the period July 1, 2025 to June 30, 2026, AND
DURING THE PERIOD JULY 1, 2026 TO JUNE 30, 2027 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-
S. 9007--A 86 A. 10007--A
od July 1, 2017 to June 30, 2018, or covering the period July 1, 2018 to
June 30, 2019, or covering the period July 1, 2019 to June 30, 2020, or
covering the period July 1, 2020 to June 30, 2021, or covering the peri-
od July 1, 2021 to June 30, 2022, or covering the period July 1, 2022 to
June 30, 2023, or covering the period July 1, 2023 to June 30, 2024, or
covering the period July 1, 2024 to June 30, 2025, or covering the peri-
od July 1, 2025 to June 30, 2026, OR COVERING THE PERIOD JULY 1, 2026 TO
JUNE 30, 2027 shall notify a covered physician or dentist by mail,
mailed to the address shown on the last application for excess insurance
coverage or equivalent excess coverage, of the amount due to such
provider from such physician or dentist for such coverage period deter-
mined in accordance with paragraph (a) of this subdivision. Such amount
shall be due from such physician or dentist to such provider of excess
insurance coverage or equivalent excess coverage in a time and manner
determined by the superintendent of financial services.
(c) If a physician or dentist liable for payment of a portion of the
costs of excess insurance coverage or equivalent excess coverage cover-
ing the period July 1, 1992 to June 30, 1993, or covering the period
July 1, 1993 to June 30, 1994, or covering the period July 1, 1994 to
June 30, 1995, or covering the period July 1, 1995 to June 30, 1996, or
covering the period July 1, 1996 to June 30, 1997, or covering the peri-
od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
June 30, 1999, or covering the period July 1, 1999 to June 30, 2000, or
covering the period July 1, 2000 to June 30, 2001, or covering the peri-
od July 1, 2001 to October 29, 2001, or covering the period April 1,
2002 to June 30, 2002, or covering the period July 1, 2002 to June 30,
2003, or covering the period July 1, 2003 to June 30, 2004, or covering
the period July 1, 2004 to June 30, 2005, or covering the period July 1,
2005 to June 30, 2006, or covering the period July 1, 2006 to June 30,
2007, or covering the period July 1, 2007 to June 30, 2008, or covering
the period July 1, 2008 to June 30, 2009, or covering the period July 1,
2009 to June 30, 2010, or covering the period July 1, 2010 to June 30,
2011, or covering the period July 1, 2011 to June 30, 2012, or covering
the period July 1, 2012 to June 30, 2013, or covering the period July 1,
2013 to June 30, 2014, or covering the period July 1, 2014 to June 30,
2015, or covering the period July 1, 2015 to June 30, 2016, or covering
the period July 1, 2016 to June 30, 2017, or covering the period July 1,
2017 to June 30, 2018, or covering the period July 1, 2018 to June 30,
2019, or covering the period July 1, 2019 to June 30, 2020, or covering
the period July 1, 2020 to June 30, 2021, or covering the period July 1,
2021 to June 30, 2022, or covering the period July 1, 2022 to June 30,
2023, or covering the period July 1, 2023 to June 30, 2024, or covering
the period July 1, 2024 to June 30, 2025, or covering the period July 1,
2025 to June 30, 2026, OR COVERING THE PERIOD JULY 1, 2026 TO JUNE 30,
2027 determined in accordance with paragraph (a) of this subdivision
fails, refuses or neglects to make payment to the provider of excess
insurance coverage or equivalent excess coverage in such time and manner
as determined by the superintendent of financial services pursuant to
paragraph (b) of this subdivision, excess insurance coverage or equiv-
alent excess coverage purchased for such physician or dentist in accord-
ance with this section for such coverage period shall be cancelled and
shall be null and void as of the first day on or after the commencement
of a policy period where the liability for payment pursuant to this
subdivision has not been met.
(d) Each provider of excess insurance coverage or equivalent excess
coverage shall notify the superintendent of financial services and the
S. 9007--A 87 A. 10007--A
commissioner of health or their designee of each physician and dentist
eligible for purchase of a policy for excess insurance coverage or
equivalent excess coverage covering the period July 1, 1992 to June 30,
1993, or covering the period July 1, 1993 to June 30, 1994, or covering
the period July 1, 1994 to June 30, 1995, or covering the period July 1,
1995 to June 30, 1996, or covering the period July 1, 1996 to June 30,
1997, or covering the period July 1, 1997 to June 30, 1998, or covering
the period July 1, 1998 to June 30, 1999, or covering the period July 1,
1999 to June 30, 2000, or covering the period July 1, 2000 to June 30,
2001, or covering the period July 1, 2001 to October 29, 2001, or cover-
ing the period April 1, 2002 to June 30, 2002, or covering the period
July 1, 2002 to June 30, 2003, or covering the period July 1, 2003 to
June 30, 2004, or covering the period July 1, 2004 to June 30, 2005, or
covering the period July 1, 2005 to June 30, 2006, or covering the peri-
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 30, 2023, or covering the period July 1, 2023 to
June 30, 2024, or covering the period July 1, 2024 to June 30, 2025, or
covering the period July 1, 2025 to June 30, 2026, OR COVERING THE PERI-
OD JULY 1, 2026 TO JUNE 30, 2027 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
S. 9007--A 88 A. 10007--A
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, and to the period
July 1, 2024 to June 30, 2025, and to the period July 1, 2025 to June
30, 2026, AND TO THE PERIOD JULY 1, 2026 TO JUNE 30, 2027 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-
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, and covering the period July 1, 2024 to June 30, 2025,
and covering the period July 1, 2025 to June 30, 2026, AND COVERING THE
PERIOD JULY 1, 2026 TO JUNE 30, 2027 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 G of chap-
ter 57 of the laws of 2025, 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,
[2026] 2027; 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, [2026]
S. 9007--A 89 A. 10007--A
2027, 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, [2026]
2027 policy periods; in the event and to the extent physicians and
surgeons were insured by another insurer during such periods, all or a
pro rata share of the surcharge, as the case may be, shall be remitted
to such other insurer in accordance with rules and regulations to be
promulgated by the superintendent. Surcharges collected from physicians
and surgeons who were not insured during such policy periods shall be
apportioned among all insurers in proportion to the premium written by
each insurer during such policy periods; if a physician or surgeon was
insured by an insurer subject to rates established by the superintendent
during such policy periods, and at any time thereafter a hospital,
health maintenance organization, employer or institution is responsible
for responding in damages for liability arising out of such physician's
or surgeon's practice of medicine, such responsible entity shall also
remit to such prior insurer the equivalent amount that would then be
collected as a surcharge if the physician or surgeon had continued to
remain insured by such prior insurer. In the event any insurer that
provided coverage during such policy periods is in liquidation, the
property/casualty insurance security fund shall receive the portion of
surcharges to which the insurer in liquidation would have been entitled.
The surcharges authorized herein shall be deemed to be income earned for
the purposes of section 2303 of the insurance law. The superintendent,
in establishing adequate rates and in determining any projected defi-
ciency pursuant to the requirements of this section and the insurance
law, shall give substantial weight, determined in [his] THEIR 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 G of chapter 57 of the laws of 2025, 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
S. 9007--A 90 A. 10007--A
15, 2018, June 15, 2019, June 15, 2020, June 15, 2021, June 15, 2022,
June 15, 2023, June 15, 2024, June 15, 2025, [and] June 15, 2026, AND
JUNE 15, 2027 the amount of funds available in the hospital excess
liability pool, created pursuant to section 18 of chapter 266 of the
laws of 1986, and whether such funds are sufficient for purposes of
purchasing excess insurance coverage for eligible participating physi-
cians and dentists during the period July 1, 2001 to June 30, 2002, or
July 1, 2002 to June 30, 2003, or July 1, 2003 to June 30, 2004, or July
1, 2004 to June 30, 2005, or July 1, 2005 to June 30, 2006, or July 1,
2006 to June 30, 2007, or July 1, 2007 to June 30, 2008, or July 1, 2008
to June 30, 2009, or July 1, 2009 to June 30, 2010, or July 1, 2010 to
June 30, 2011, or July 1, 2011 to June 30, 2012, or July 1, 2012 to June
30, 2013, or July 1, 2013 to June 30, 2014, or July 1, 2014 to June 30,
2015, or July 1, 2015 to June 30, 2016, or July 1, 2016 to June 30,
2017, or July 1, 2017 to June 30, 2018, or July 1, 2018 to June 30,
2019, or July 1, 2019 to June 30, 2020, or July 1, 2020 to June 30,
2021, or July 1, 2021 to June 30, 2022, or July 1, 2022 to June 30,
2023, or July 1, 2023 to June 30, 2024, or July 1, 2024 to June 30,
2025, or July 1, 2025 to June 30, 2026, OR JULY 1, 2026 TO JUNE 30, 2027
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, or July 1, 2024 to June 30, 2025, or July 1, 2025 to June 30,
2026, OR JULY 1, 2026 TO JUNE 30, 2027 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,
S. 9007--A 91 A. 10007--A
2015, June 15, 2016, June 15, 2017, June 15, 2018, June 15, 2019, June
15, 2020, June 15, 2021, June 15, 2022, June 15, 2023, June 15, 2024,
June 15, 2025, [and] June 15, 2026, AND JUNE 15, 2027 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 G
of chapter 57 of the laws of 2025, 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-five] TWENTY-SIX, shall be eligible to apply for
such coverage for the coverage period beginning the first of July, two
thousand [twenty-five] TWENTY-SIX; provided, however, if the total
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-five] TWENTY-SIX exceeds the total
number of physicians or dentists certified as eligible for the coverage
period beginning the first of July, two thousand [twenty-five] TWENTY-
SIX, 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-five] TWENTY-SIX, 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-five] TWENTY-SIX 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-five] TWENTY-SIX.
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2026.
PART E
Section 1. Section 461-s of the social services law is REPEALED.
§ 2. Paragraph (c) of subdivision 1 of section 461-b of the social
services law is REPEALED.
§ 3. Article 27-H of the public health law, as added by chapter 550 of
the laws of 1988, is REPEALED.
§ 4. Subdivision 9 of section 2803 of the public health law is
REPEALED.
§ 5. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2026.
PART F
Section 1. The section heading, subdivision 1 and subdivision 3 of
section 97-www of the state finance law, as added by chapter 586 of the
laws of 2000, are amended to read as follows:
§ 97-www. [Percy T. Phillips educational foundation of the Dental
Society of the state of] New York STATE DENTAL FOUNDATION fund. 1. There
S. 9007--A 92 A. 10007--A
is hereby established in the joint custody of the state comptroller and
the commissioner of taxation and finance a fund to be known as the
"[Percy T. Phillips Educational Foundation of The Dental Society of the
State of] New York STATE DENTAL FOUNDATION Fund".
3. Moneys of the fund shall be expended for the benefit of the dental
education and public access programs of the [Percy T. Phillips educa-
tional foundation of the Dental Society of the state of] New York STATE
DENTAL FOUNDATION. Moneys shall be paid out of the fund on the audit
and warrant of the state comptroller on vouchers [approved by the chair-
man of the board of trustees of the Percy T. Phillips educational foun-
dation of the Dental Society of the state of New York or by the treasur-
er or the executive director of the Percy T. Phillips educational
foundation of the Dental Society of the state of New York] APPROVED AND
CERTIFIED BY THE COMMISSIONER OF HEALTH. Any interest received by the
comptroller on moneys on deposit in the [Percy T. Phillips educational
foundation of the Dental Society of the state of] New York STATE DENTAL
FOUNDATION fund shall be retained in and become part of such fund. No
money from such fund may be withdrawn, transferred, or used by any
person for any purpose other than as permitted in this section.
§ 1-a. Subdivision 3 of section 404-r of the vehicle and traffic law,
as added by chapter 586 of the laws of 2000, is amended to read as
follows:
3. A distinctive plate issued pursuant to this section shall be issued
in the same manner as other number plates upon payment of the regular
registration fee prescribed by section four hundred one of this article
and an additional annual service charge of thirty dollars. Twenty
dollars from each thirty dollars received as annual service charges
under this section shall be deposited to a fund for the credit of the
[Percy T. Phillips Educational Foundation of The Dental Society of the
State of] New York STATE DENTAL FOUNDATION, said fund established as a
revolving fund pursuant to section ninety-seven-www of the state finance
law; provided, however, that one year after the effective date of this
section, funds in the amount of five thousand dollars, or so much there-
of as may be available shall be allocated from such fund to the depart-
ment to offset costs associated with the production of such license
plates.
§ 2. Section 9 of part JJ of chapter 57 of the laws of 2025 amending
the public health law relating to reporting pregnancy losses and clari-
fying which agencies are responsible for such reports, is amended to
read as follows:
§ 9. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025; provided,
however that [the amendments to subdivision 2 of section 4160 of the
public health law made by] section [two] THREE of this act shall [expire
and be deemed repealed] TAKE EFFECT March 30, 2027[, when upon such date
the provisions of section three of this act shall take effect].
§ 3. Section 5 of part P of chapter 57 of the laws of 2025 amending
the public health law relating to requiring hospitals to provide stabi-
lizing care to pregnant individuals, is amended to read as follows:
§ 5. This act shall take effect immediately; provided, however, that
the amendments to subdivision 3 of section 2805-b of the public health
law [made by] AS DESIGNATED SUBDIVISION 5 IN section one of this act
shall be subject to the expiration and reversion of such subdivision
pursuant to section 21 of chapter 723 of the laws of 1989, as amended,
when upon such date the provisions of section two of this act shall take
effect.
S. 9007--A 93 A. 10007--A
§ 4. Subparagraph (iv) of paragraph (a) of subdivision 3 of section
273 of the public health law, as added by section 10 of part C of chap-
ter 58 of the laws of 2005, is amended to read as follows:
(iv) other clinical indications identified by the [committee for the
patient's use of the non-preferred drug] DRUG UTILIZATION REVIEW BOARD
ESTABLISHED PURSUANT TO SECTION THREE HUNDRED SIXTY-NINE-BB OF THE
SOCIAL SERVICES LAW, which shall include consideration of the medical
needs of special populations, including children, elderly, chronically
ill, persons with mental health conditions, and persons affected by
HIV/AIDS, PREGNANT PERSONS, AND PERSONS WITH AN OPIOID USE DISORDER.
§ 5. Subdivision 6 of section 3331 of the public health law, as
amended by chapter 178 of the laws of 2010, is amended to read as
follows:
6. A practitioner dispensing a controlled substance shall file infor-
mation pursuant to such dispensing with the department by electronic
means in such manner and detail as the commissioner shall, by regu-
lation, require. This requirement shall not apply to the dispensing by a
practitioner pursuant to subdivision [five] SIX of section thirty-three
hundred fifty-one of this article.
§ 6. Subparagraph (ii) of paragraph (a) of subdivision 2 of section
3343-a of the public health law, as added by section 2 of part A of
chapter 447 of the laws of 2012, is amended to read as follows:
(ii) a practitioner dispensing pursuant to subdivision [three] FOUR of
section thirty-three hundred fifty-one of this article;
§ 7. Clause (vi) of subparagraph 1 of paragraph (e) of subdivision 5
of section 366 of the social services law, as amended by section 13 of
part MM of chapter 56 of the laws of 2020, is amended to read as
follows:
(vi) "look-back period" means the sixty-month period immediately
preceding the date that an institutionalized individual is both institu-
tionalized and has applied for medical assistance, or in the case of a
non-institutionalized individual, subject to federal approval, the thir-
ty-month period immediately preceding the date that such non-institu-
tionalized individual applies for medical assistance coverage of long
term care services. Nothing herein precludes a review of eligibility for
retroactive authorization for medical expenses incurred during the
[three months prior to the month of application for medical assistance]
RETROACTIVE ELIGIBILITY PERIOD.
§ 8. Subdivision (c) of section 1119 of the insurance law, as amended
by a chapter of the laws of 2026 amending the public health law and the
insurance law relating to oversight of continuing care retirement commu-
nities, as proposed in legislative bills numbers S. 8802 and A. 9486, is
amended to read as follows:
(c) Such organization shall be subject to the provisions of article
seventy-four of this chapter. Prior to commencing action under such
article seventy-four, the superintendent shall consult with the continu-
ing care retirement community council established pursuant to section
[forty-six hundred two] FORTY-SIX HUNDRED THREE of the public health
law.
§ 9. This act shall take effect immediately; provided, however:
a. the amendments to subparagraph (iv) of paragraph (a) of subdivision
3 of section 273 of the public health law made by section four of this
act shall take effect on the same date as the reversion of paragraph (a)
of subdivision 3 of section 273 of the public health law as provided in
section 11 of part GG of chapter 56 of the laws of 2020, as amended;
S. 9007--A 94 A. 10007--A
b. sections five and six of this act shall take effect on the same
date and in the same manner as chapter 546 of the laws of 2025 took
effect;
c. section seven of this act shall take effect January 1, 2027; and
d. section eight of this act shall take effect on the same date and in
the same manner as a chapter of the laws of 2026 amending the public
health law and the insurance law relating to oversight of continuing
care retirement communities, as proposed in legislative bills numbers S.
8802 and A. 9486, takes effect.
PART G
Section 1. Section 3000-b of the public health law, as added by chap-
ter 552 of the laws of 1998, paragraph (b) of subdivision 1 as amended
by chapter 119 of the laws of 2017, subdivision 2 as amended by chapter
583 of the laws of 1999, paragraph (a) of subdivision 3 as amended by
chapter 243 of the laws of 2010, and paragraph (f) of subdivision 3 as
added by chapter 236 of the laws of 2007, is amended to read as follows:
§ 3000-b. Automated external defibrillators: Public access providers.
1. [Definitions.] As used in this section, unless the context clearly
requires otherwise, the following terms shall have the following mean-
ings:
(a) "Automated external defibrillator" means a medical device,
approved by the United States food and drug administration, that[: (i)]
is capable with or without intervention by an operator of: recognizing
the presence or absence, in a patient, of ventricular fibrillation and
rapid ventricular tachycardia; [(ii) is capable of] determining[, with-
out intervention by an operator,] whether defibrillation should be
performed on the patient; [(iii)] upon determining that defibrillation
should be performed, automatically [charges] CHARGING [and requests
delivery of an electrical impulse to the patient's heart]; and [(iv)
then; upon action by an operator, delivers] DELIVERING an appropriate
electrical impulse to the patient's heart to perform defibrillation.
(b) ["Emergency health care provider" means (i) a physician with know-
ledge and experience in the delivery of emergency cardiac care; (ii) a
physician assistant or nurse practitioner with knowledge and experience
in the delivery of emergency cardiac care, and who is acting within his
or her scope of practice; or (iii) a hospital licensed under article
twenty-eight of this chapter that provides emergency cardiac care.
(c)] "Public access defibrillation provider" means a person, firm,
organization or other entity possessing or operating an automated
external defibrillator pursuant to [a collaborative agreement under]
this section.
[(d) "Nationally-recognized organization" means a national organiza-
tion approved by the department for the purpose of training people in
use of an automated external defibrillator.]
2. [Collaborative agreement.] A person, firm, organization or other
entity may purchase, acquire, possess and operate an automated external
defibrillator pursuant to [a collaborative agreement with an emergency
health care provider] THIS SECTION. [The collaborative agreement shall
include a written agreement and written practice protocols, and policies
and procedures that shall assure compliance with this section. The
public access defibrillation provider shall file a copy of the collabo-
rative agreement with the department and with the appropriate regional
council prior to operating the] OPERATION OF AN automated external defi-
S. 9007--A 95 A. 10007--A
brillator UNDER THIS SECTION SHALL BE AUTHORIZED IN ACCORDANCE WITH
REGULATIONS PROMULGATED BY THE DEPARTMENT.
3. [Possession and operation of automated external defibrillator.
Possession and operation of an automated external defibrillator by a] A
public access defibrillation provider IN POSSESSION OF AN AUTOMATED
EXTERNAL DEFIBRILLATOR shall comply with the following REQUIREMENTS, IN
A MANNER PRESCRIBED BY THE DEPARTMENT:
(a) [No person may operate an automated external defibrillator unless
the person has successfully completed a training course in the operation
of an automated external defibrillator approved by a nationally-recog-
nized organization or the state emergency medical services council.
However, this section shall not prohibit operation of an automated
external defibrillator, (i) by a health care practitioner licensed or
certified under title VIII of the education law or a person certified
under this article acting within his or her lawful scope of practice;
(ii) by a person acting pursuant to a lawful prescription; or (iii) by a
person who operates the automated external defibrillator other than as
part of or incidental to his or her employment or regular duties, who is
acting in good faith, with reasonable care, and without expectation of
monetary compensation, to provide first aid that includes operation of
an automated external defibrillator; nor shall this section limit any
good samaritan protections provided in section three thousand-a of this
article] THE PUBLIC ACCESS DEFIBRILLATION PROVIDER SHALL PROVIDE TRAIN-
ING IN THE USE OF AN AUTOMATED EXTERNAL DEFIBRILLATOR AND CARDIOPULMO-
NARY RESUSCITATION CONSISTENT WITH STANDARDS APPROVED BY THE DEPARTMENT,
INCLUDING BUT NOT LIMITED TO PROGRAMS DEVELOPED OR AUTHORIZED BY THE
DEPARTMENT OR DETERMINED BY THE DEPARTMENT TO BE CONSISTENT WITH
ACCEPTED STANDARDS OF PRACTICE. AT LEAST ONE INDIVIDUAL ASSOCIATED WITH
THE PUBLIC ACCESS DEFIBRILLATION PROVIDER SHALL BE DESIGNATED TO RECEIVE
SUCH TRAINING AND TO BE FAMILIAR WITH THE OPERATION AND ROUTINE MAINTE-
NANCE OF THE AUTOMATED EXTERNAL DEFIBRILLATOR.
(b) The public access defibrillation provider shall cause the auto-
mated external defibrillator to be maintained and tested according to
applicable standards of the manufacturer and any appropriate government
agency.
(c) The public access defibrillation provider shall [notify the
regional council of] REGISTER the existence, location and type of any
automated external defibrillator it possesses WITH THE DEPARTMENT.
(d) Every use of an automated external defibrillator on a patient
shall be immediately reported to the appropriate local emergency medical
services system[, emergency communications center or emergency vehicle
dispatch center as appropriate and promptly reported to the emergency
health care provider] OR PUBLIC SAFETY ANSWERING POINT.
(e) The [emergency health care] PUBLIC ACCESS DEFIBRILLATOR provider
shall [participate in the regional quality improvement program pursuant
to subdivision one of section three thousand four-a of this article]
REPORT DATA RELATED TO THE USE OF AUTOMATED EXTERNAL DEFIBRILLATORS TO
THE DEPARTMENT. SUCH DATA MAY BE INCORPORATED INTO STATEWIDE OR REGIONAL
QUALITY IMPROVEMENT AND CARDIAC ARREST SURVEILLANCE PROGRAMS, INCLUDING
PARTICIPATION IN NATIONALLY RECOGNIZED REGISTRIES, AS DETERMINED BY THE
DEPARTMENT.
§ 1-a. Section 3000-f of the public health law, as added by chapter
681 of the laws of 2023, paragraph (d) of subdivision 1, subdivision 2,
and paragraph (e) of subdivision 2 as amended by chapter 9 of the laws
of 2024, is amended to read as follows:
S. 9007--A 96 A. 10007--A
§ 3000-f. Automated external defibrillator; camps and youth sports
programs. 1. [Definitions.] As used in this section, unless the context
clearly requires otherwise, the following terms have the following mean-
ings:
(a) "Automated external defibrillator" [means a medical device,
approved by the United States food and drug administration, that: (i) is
capable of recognizing the presence or absence in a patient of ventricu-
lar fibrillation and rapid ventricular tachycardia; (ii) is capable of
determining, without intervention by an operator, whether defibrillation
should be performed on a patient; (iii) upon determining that defibril-
lation should be performed, automatically charges and requests delivery
of an electrical impulse to a patient's heart; and (iv) then, upon
action by an operator, delivers an appropriate electrical impulse to a
patient's heart to perform defibrillation] SHALL HAVE THE MEANING SET
FORTH IN SECTION THREE-THOUSAND-B OF THIS ARTICLE.
(b) ["Training course" means a course approved by a nationally-recog-
nized organization or the state emergency medical services council in
the operation of automated external defibrillators.
(c) "Nationally-recognized organization" means a national organization
approved by the department for the purpose of training people in use of
an automated external defibrillator.
(d)] "Camp" means a children's overnight camp, summer day camp, or
traveling summer day camp, as such terms are defined in section thirteen
hundred ninety-two of this chapter, that is subject to regulation by the
department.
[(e)] (C) "Youth sports program" means any league or recreation
program organized to provide group athletic activity to individuals
under seventeen years old or programs providing athletic activity for
high school students regardless of the age of the participants of such
programs. Public school athletic programs subject to the requirements of
section nine hundred seventeen of the education law shall not be subject
to the requirements of this section.
2. Within one hundred eighty days of the effective date of this
section, each camp, and each youth sports program that either hosts or
participates in games, matches, tournaments, leagues, or similar activ-
ities in which at least five teams are participating, shall establish an
automated external defibrillator implementation plan describing how the
camp or program will:
(a) make available an automated external defibrillator or describe
reasonable access to an automated external defibrillator at every camp,
game and practice; and
(b) use best efforts to ensure that there is at least one employee,
volunteer, coach, umpire or other qualified adult who is present at each
such camp, game and practice who has successfully completed a training
course CONSISTENT WITH THE STANDARDS APPROVED BY THE DEPARTMENT UNDER
THE AUTHORITY OF SECTION 3000-B OF THIS ARTICLE, within the preceding
twenty-four months of each such camp session, game and practice, AND IS
FAMILIAR WITH THE OPERATION AND ROUTINE MAINTENANCE OF THE AUTOMATED
EXTERNAL DEFIBRILLATOR.
(c) Each camp and youth sports program shall maintain records that
such camp or youth sports program possesses at least one automated
external defibrillator.
(d) Implementation plans shall include an equipment checklist and
cardiac emergency protocol for when cardiac emergency incidents occur.
(e) Implementation plans can include automated external defibrillator
access provided by athletic facilities, playing fields or site for games
S. 9007--A 97 A. 10007--A
or practices where the operator of the facility provides automated
external defibrillator access at their location.
3. Implementation of automated external defibrillator plans shall be
done in accordance with the requirements and protections of section
3000-b of this article, INCLUDING REQUIREMENTS AS TO MAINTENANCE, TEST-
ING, AND REPORTING USAGE AND USE-RELATED DATA.
§ 1-b. Subdivision 3 of section 917 of the education law is amended to
read as follows:
3. Public school facilities and staff pursuant to subdivisions one and
two of this section shall be deemed a "public access defibrillation
provider" as defined in paragraph [(c)] (B) of subdivision one of
section three thousand-b of the public health law and shall be subject
to the requirements and limitations of such section.
§ 1-c. Subdivisions 3, 4 and 5 of section 917-a of the education law
is amended to read as follows:
3. No person may operate an AED in a nonpublic school facility unless
the person has successfully completed a training course in the operation
of an AED [approved by a nationally-recognized organization as defined
in paragraph (d) of subdivision one of] CONSISTENT WITH THE STANDARDS
APPROVED BY THE DEPARTMENT OF HEALTH UNDER section three thousand-b of
the public health law or the state emergency medical services council.
However, this section shall not prohibit operation of an AED:
(a) by a health care practitioner licensed or certified under title
eight of this chapter or a person certified under article thirty of the
public health law acting within their lawful scope of practice;
(b) by a person acting pursuant to a lawful prescription; or
(c) by a person who operates the AED other than as part of or inci-
dental to their employment or regular duties, who is acting in good
faith, with reasonable care, and without expectation of monetary compen-
sation, to provide first aid that includes operation of an AED; nor
shall this section limit any good samaritan protections provided in
section three thousand-a of the public health law.
4. Every use of an AED on a patient in a nonpublic school shall be
immediately reported to the appropriate local emergency medical services
system[, emergency communications center or emergency vehicle dispatch
center, as appropriate] OR PUBLIC SAFETY ANSWERING POINT.
5. Nonpublic schools shall [notify the appropriate regional emergency
services council of] REGISTER the existence, location and type of any
AED they possess WITH THE DEPARTMENT OF HEALTH.
(f) The public access defibrillation provider shall post a sign or
notice at the main entrance to the facility or building in which the
automated external defibrillator is stored, indicating the location
where any such automated external defibrillator is stored or maintained
in such building or facility on a regular basis.
4. [Application of other laws. (a)] Operation of an automated external
defibrillator pursuant to this section shall be considered first aid or
emergency treatment for the purpose of any statute relating to liabil-
ity[.
(b) Operation of an automated external defibrillator pursuant to this
section] AND shall not constitute the unlawful practice of a profession
under title VIII of the education law.
5. ANY MANUFACTURER, DISTRIBUTOR, RETAILER, OR RESELLER THAT SELLS OR
OTHERWISE TRANSFERS AN AUTOMATED EXTERNAL DEFIBRILLATOR FOR USE IN THIS
STATE SHALL, AT THE TIME OF SALE OR TRANSFER, PROVIDE THE PURCHASER WITH
WRITTEN OR ELECTRONIC NOTICE OF APPLICABLE REQUIREMENTS UNDER THIS
S. 9007--A 98 A. 10007--A
SECTION, INCLUDING REGISTRATION, MAINTENANCE, AND REPORTING OBLIGATIONS,
IN A FORM PRESCRIBED BY THE DEPARTMENT.
§ 2. This act shall take effect June 1, 2026. Effective immediately,
the addition, amendment, and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
PART H
Section 1. Section 4552 of the public health law, as added by section
1 of part M of chapter 57 of the laws of 2023, is amended to read as
follows:
§ 4552. Notice of material transactions; requirements. 1. A health
care entity shall submit to the department written notice, with support-
ing documentation as described below and further defined in regulation
developed by the department, which the department shall be in receipt of
at least thirty days before the closing date of the transaction, in the
form and manner prescribed by the department. Immediately upon the
submission to the department, the department shall submit electronic
copies of such notice with supporting documentation to the antitrust,
health care and charities bureaus of the office of the New York attorney
general. Such written notice shall include, but not be limited to:
(a) The names of the parties to the 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;
(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 closing date of the proposed material transaction;
(f) A brief description of the nature and purpose of the proposed
material transaction 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[.];
(G) A STATEMENT AS TO WHETHER ANY PARTY TO THE TRANSACTION, OR A
PERSON WITH CONTROL OF SUCH PARTY, OWNS ANY OTHER HEALTH CARE ENTITY
WHICH, IN THE PAST THREE YEARS HAS CLOSED OPERATIONS, IS IN THE PROCESS
OF CLOSING OPERATIONS, OR HAS EXPERIENCED A SUBSTANTIAL REDUCTION IN
SERVICES PROVIDED. THE PARTIES SHALL SPECIFICALLY IDENTIFY THE HEALTH
CARE ENTITY OR ENTITIES SUBJECT TO SUCH CLOSURE OR SUBSTANTIAL SERVICE
REDUCTION AND DETAIL THE CIRCUMSTANCES OF SUCH; AND
(H) A STATEMENT AS TO WHETHER A SALE-LEASEBACK AGREEMENT OR MORTGAGE
OR LEASE PAYMENTS OR OTHER PAYMENTS ASSOCIATED WITH REAL ESTATE ARE A
COMPONENT OF THE PROPOSED TRANSACTION AND IF SO, THE PARTIES SHALL
PROVIDE THE PROPOSED SALE-LEASEBACK AGREEMENT OR MORTGAGE, LEASE, OR
REAL ESTATE DOCUMENTS WITH THE NOTICE.
2. [(a) Except as provided in paragraph (b) of this subdivision,
supporting documentation as described in subdivision one of this section
shall not be subject to disclosure under article six of the public offi-
cers law.
S. 9007--A 99 A. 10007--A
(b)] During such thirty-day period prior to the closing date, the
department shall post on its website:
[(i)] (A) a summary of the proposed transaction;
[(ii)] (B) an explanation of the groups or individuals likely to be
impacted by the transaction;
[(iii)] (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
[(iv)] (D) details about how to submit comments, in a format that is
easy to find and easy to read.
3. (A) A health care entity that is a party to a material transaction
shall notify the department upon closing of the transaction in the form
and manner prescribed by the department.
(B) ANNUALLY, FOR A FIVE-YEAR PERIOD FOLLOWING CLOSING OF THE TRANS-
ACTION AND ON THE DATE OF SUCH ANNIVERSARY, PARTIES TO A MATERIAL TRANS-
ACTION SHALL NOTIFY THE DEPARTMENT, IN THE FORM AND MANNER PRESCRIBED BY
THE DEPARTMENT, OF FACTORS AND METRICS TO ASSESS THE IMPACTS OF THE
TRANSACTION ON COST, QUALITY, ACCESS, HEALTH EQUITY, AND COMPETITION.
THE DEPARTMENT MAY REQUIRE THAT ANY PARTY TO A TRANSACTION, OR ANY
PERSON WITH CONTROL OVER A TRANSACTION PARTY, SUBMIT ADDITIONAL DOCU-
MENTS AND INFORMATION IN CONNECTION WITH THE ANNUAL REPORT REQUIRED
UNDER THIS PARAGRAPH, TO THE EXTENT SUCH ADDITIONAL INFORMATION IS
NECESSARY TO ASSESS THE IMPACTS OF THE TRANSACTION ON COST, QUALITY,
ACCESS, HEALTH EQUITY, AND COMPETITION OR TO VERIFY OR CLARIFY INFORMA-
TION SUBMITTED IN SUPPORT OR AS PART OF THE ANNUAL REPORT REQUIRED UNDER
THIS PARAGRAPH. PARTIES SHALL SUBMIT SUCH INFORMATION WITHIN SEVEN DAYS
OF REQUEST. THIS PARAGRAPH SHALL APPLY TO ALL MATERIAL TRANSACTIONS
REPORTED TO THE DEPARTMENT BEGINNING ON AUGUST FIRST, TWO THOUSAND TWEN-
TY-THREE.
4. (A) THE DEPARTMENT SHALL CONDUCT A PRELIMINARY REVIEW OF ALL
PROPOSED TRANSACTIONS. REVIEW OF A MATERIAL TRANSACTION NOTICE IN WHICH
THE TRANSACTION IS VALUED AT ONE HUNDRED MILLION DOLLARS OR MORE MAY
ALSO, AT THE DISCRETION OF THE DEPARTMENT, CONSIST OF A FULL COST AND
MARKET IMPACT REVIEW. TRANSACTIONS VALUED AT LESS THAN ONE HUNDRED
MILLION DOLLARS MAY BE SUBJECT TO A FULL COST AND MARKET IMPACT REVIEW
AT THE DISCRETION OF THE DEPARTMENT IF THE DEPARTMENT REASONABLY
BELIEVES THAT THEY MAY NEGATIVELY IMPACT COST, QUALITY, ACCESS, HEALTH
EQUITY, OR COMPETITION IN THE IMPACTED MARKETS. THE DEPARTMENT SHALL
NOTIFY THE PARTIES IF AND WHEN IT DETERMINES THAT A FULL COST AND MARKET
IMPACT REVIEW IS REQUIRED AND, IF SO, THE DATE THAT THE PRELIMINARY
REVIEW IS COMPLETED; PROVIDED, HOWEVER, THAT THE PRELIMINARY REVIEW
SHALL NOT EXCEED THIRTY DAYS FROM THE DATE A COMPLETE NOTICE IS RECEIVED
BY THE DEPARTMENT.
(B) IN THE EVENT THE DEPARTMENT DETERMINES THAT A FULL COST AND MARKET
IMPACT REVIEW IS REQUIRED, THE DEPARTMENT SHALL HAVE DISCRETION TO
REQUIRE PARTIES TO DELAY THE PROPOSED TRANSACTION CLOSING UNTIL SUCH
COST AND MARKET IMPACT REVIEW IS COMPLETED, BUT IN NO EVENT SHALL THE
CLOSING BE DELAYED MORE THAN ONE HUNDRED EIGHTY DAYS FROM THE DATE THE
DEPARTMENT COMPLETES ITS PRELIMINARY REVIEW OF THE PROPOSED TRANSACTION.
(C) THE DEPARTMENT MAY ASSESS ON PARTIES TO A MATERIAL TRANSACTION ALL
ACTUAL, REASONABLE, AND DIRECT COSTS INCURRED IN REVIEWING AND EVALUAT-
ING THE NOTICE. ANY SUCH FEES SHALL BE PAYABLE TO THE DEPARTMENT WITHIN
FOURTEEN DAYS OF NOTICE OF SUCH ASSESSMENT.
5. (A) THE DEPARTMENT MAY REQUIRE THAT ANY PARTY TO A TRANSACTION,
INCLUDING ANY PERSON WITH CONTROL OVER A TRANSACTION PARTY, SUBMIT ADDI-
TIONAL DOCUMENTS AND INFORMATION IN CONNECTION WITH A MATERIAL TRANS-
S. 9007--A 100 A. 10007--A
ACTION NOTICE OR A FULL COST AND MARKET IMPACT REVIEW REQUIRED UNDER
THIS SECTION, TO THE EXTENT SUCH ADDITIONAL INFORMATION IS NECESSARY TO
CONDUCT A PRELIMINARY REVIEW OR FULL COST AND MARKET IMPACT REVIEW OF
THE TRANSACTION; TO ASSESS THE IMPACTS OF THE TRANSACTION ON COST, QUAL-
ITY, ACCESS, HEALTH EQUITY, AND COMPETITION; OR TO VERIFY OR CLARIFY
INFORMATION SUBMITTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
PARTIES SHALL SUBMIT SUCH INFORMATION WITHIN SEVEN DAYS OF REQUEST.
(B) THE DEPARTMENT SHALL KEEP CONFIDENTIAL ALL NONPUBLIC INFORMATION
AND DOCUMENTS OBTAINED UNDER THIS SUBDIVISION AND SHALL NOT DISCLOSE THE
INFORMATION OR DOCUMENTS TO ANY PERSON WITHOUT THE CONSENT OF THE
PARTIES TO THE PROPOSED TRANSACTION, EXCEPT AS SET FORTH IN PARAGRAPH
(C) OF THIS SUBDIVISION.
(C) ANY DATA REPORTED TO THE DEPARTMENT PURSUANT TO SUBDIVISION THREE
OF THIS SECTION, ANY INFORMATION OBTAINED PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION, AND ANY COST AND MARKET IMPACT REVIEW FINDINGS MADE
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION MAY BE USED AS EVIDENCE IN
INVESTIGATIONS, REVIEWS, OR OTHER ACTIONS BY THE DEPARTMENT OR THE
OFFICE OF THE ATTORNEY GENERAL, INCLUDING BUT NOT LIMITED TO USE BY THE
DEPARTMENT IN ASSESSING CERTIFICATE OF NEED APPLICATIONS SUBMITTED BY
THE SAME HEALTH CARE ENTITIES INVOLVED IN THE REPORTED MATERIAL TRANS-
ACTION OR UNRELATED PARTIES WHICH ARE LOCATED IN THE SAME MARKET AREA
IDENTIFIED IN THE COST AND MARKET IMPACT REVIEW.
6. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, DOCUMENTA-
TION, DATA, AND INFORMATION SUBMITTED TO THE DEPARTMENT AS DESCRIBED IN
SUBDIVISIONS ONE, THREE, AND FIVE OF THIS SECTION SHALL NOT BE SUBJECT
TO DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
7. THE COMMISSIONER SHALL PROMULGATE REGULATIONS TO EFFECTUATE THIS
SECTION.
[4.] 8. Failure to [notify the department of a material transaction
under] COMPLY WITH ANY REQUIREMENT OF this section shall be subject to
civil penalties under section twelve of this chapter. Each day in which
the violation continues shall constitute a separate violation.
§ 2. This act 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 I
Section 1. Subdivision 4 of section 2999-j of the public health law,
as added by section 52 of part H of chapter 59 of the laws of 2011, is
amended to read as follows:
4. The amount of qualifying health care costs to be paid from the fund
shall be calculated AS FOLLOWS: [(a)] with respect to ALL services
[provided in private physician practices] FOR WHICH A MEDICARE RATE OF
REIMBURSEMENT EXISTS, on the basis of one hundred percent of [the usual
and customary rates, as defined by the commissioner in regulation; or
(b) with respect to all other services,] SUCH MEDICARE RATES, OR FOR ANY
SERVICE FOR WHICH A MEDICARE RATE DOES NOT EXIST, on the basis of ONE
HUNDRED PERCENT OF Medicaid rates of reimbursement or, where no such
rates are available, as defined by the commissioner in regulation;
EXCEPT THAT REIMBURSEMENT RATES FOR PRIVATE DUTY NURSING SERVICES SHALL
BE BASED ON THE NEW YORK STATE MEDICAID FEE SCHEDULE FOR PRIVATE DUTY
NURSING AS AUTHORIZED IN THE MEDICAID STATE PLAN AMENDMENT.
S. 9007--A 101 A. 10007--A
THE REQUIREMENTS OF THIS SUBDIVISION SHALL NOT APPLY TO QUALIFYING
HOME MODIFICATIONS OR VEHICLE MODIFICATIONS, WHICH SHALL BE REIMBURSED
PURSUANT TO CONTRACTS FOR SUCH WORK APPROVED BY THE DEPARTMENT IN
ACCORDANCE WITH REQUIREMENTS DEFINED BY THE COMMISSIONER IN REGULATION.
§ 2. This act shall take effect on the same date as the reversion of
subdivision 4 of section 2999-j of the public health law as provided in
section 5 of chapter 517 of the laws of 2016, as amended.
PART J
Section 1. Subdivisions 2 and 8 of section 2999-ii of the public
health law, subdivision 2 as added by section 1 of part X of chapter 57
of the laws of 2023 and subdivision 8 as amended by chapter 598 of the
laws of 2025, are amended to read as follows:
2. "Controlling person" means a person OR BUSINESS ENTITY, officer,
program administrator, 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] A
PERSON OR BUSINESS ENTITY who[,] directly owns at least ten percent
voting interest in a corporation, partnership, or other business entity
that is a controlling person.
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 or engaging individ-
uals to provide health care services for health care entities, or of
enabling health care entities, DIRECTLY OR INDIRECTLY, to engage indi-
viduals to perform health care services. Temporary health care services
agency shall include a nurses' registry licensed under article eleven of
the general business law and entities that utilize apps or other tech-
nology-based solutions to provide, procure or enable health care enti-
ties to engage individuals to perform health care services, INCLUDING
VENDOR MANAGEMENT SYSTEMS AND SUBCONTRACTING ARRANGEMENTS WITH OTHER
AGENCIES THAT RESULT IN THE ENGAGEMENT OF INDIVIDUALS. Temporary health
care services agency shall not include: (a) an individual who only
engages in providing the individual's own services on a temporary basis
to health care entities; or (b) a home care agency licensed under arti-
cle thirty-six of this chapter.
§ 2. Subdivision 3 of section 2999-jj of the public health law, as
added by section 1 of part X of chapter 57 of the laws of 2023 and para-
graph (a) as amended by chapter 598 of the laws of 2025, is amended to
read as follows:
3. As a condition of registration, a temporary health care services
agency:
(a) Shall document that each individual engaged to provide health care
services to health care entities currently meets the minimum licensing,
training, and continuing education standards for the position in which
the [health care personnel] INDIVIDUAL 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 health care personnel] INDIVIDUALS IT CONNECTS WITH HEALTH CARE
ENTITIES TO PROVIDE HEALTH CARE SERVICES.
(d) Shall not require the payment of liquidated damages, employment
fees, or other compensation should the [health care personnel] INDIVID-
UALS IT CONNECTS WITH HEALTH CARE ENTITIES TO PROVIDE HEALTH CARE
SERVICES be hired as a permanent employee, CONTRACTOR, OR CONTINGENT
S. 9007--A 102 A. 10007--A
WORKER of a health care entity in any contract with any [health care
personnel] INDIVIDUAL ENGAGED TO PROVIDE HEALTH CARE SERVICES or health
care entity or otherwise.
(E) SHALL NOT REQUIRE THE PAYMENT OF FEES OR OTHER COMPENSATION FROM
THE INDIVIDUAL ENGAGED TO PROVIDE HEALTH CARE SERVICES FOR PLACEMENT OR
CONNECTION WITH A HEALTH CARE ENTITY OTHER THAN REIMBURSEMENT FOR ACTUAL
COSTS EXPENDED ON REQUIRED EXPENSES, SUCH AS BACKGROUND CHECKS, DRUG
TESTS, AND EQUIPMENT.
[(e)] (F) Shall retain all records related to [health care personnel]
INDIVIDUALS ENGAGED TO PROVIDE HEALTH CARE SERVICES for six [calendar]
years and make them available to the department upon request.
[(f)] (G) 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 accurately reflect the financial condition or financial transactions
of the agency.
[(g)] (H) Shall comply with any additional requirements the department
may deem necessary.
§ 3. Subdivisions 2 and 3 of section 2999-kk of the public health law,
subdivision 2 as added by section 1 of part X of chapter 57 of the laws
of 2023, paragraphs (a), (b), (f) and (h) of subdivision 2 and subdivi-
sion 3 as amended by chapter 598 of the laws of 2025, are amended to
read as follows:
2. A temporary health care services agency shall maintain, AND REQUIRE
SUBCONTRACTING ARRANGEMENTS WITH OTHER AGENCIES TO 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 individual engaged in a health care position.
(b) Any requirement for minimum advance notice in order to ensure
prompt arrival of individuals engaged to provide health care services.
(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] INDIVIDUALS ENGAGED TO PROVIDE HEALTH CARE SERVICES.
(f) Procedures for notice from health care entities of failure of
individuals engaged to provide health care services to report to an
agreed upon scheduled shift.
(g) Procedures for notice of actual or suspected abuse, theft, tamper-
ing or other diversion of controlled substances by [medical personnel]
INDIVIDUALS ENGAGED TO PROVIDE HEALTH CARE SERVICES.
(h) The types and qualifications of individuals engaged to provide
health care services available through the temporary health care
services agency.
3. A temporary health care services agency shall [submit to the
department] RETAIN FOR SIX YEARS AND MAKE AVAILABLE TO THE DEPARTMENT
UPON REQUEST copies of all contracts between the agency OR A THIRD PARTY
WITH WHOM THE AGENCY IS SUBCONTRACTING and a health care entity to which
it assigns or otherwise connects individuals engaged to provide health
care services, and copies of all invoices to health care entities
[personnel]. Executed contracts [must be sent to the department within
S. 9007--A 103 A. 10007--A
five business days of their effective date and] SUBMITTED UPON REQUEST
TO THE DEPARTMENT are not subject to disclosure under article six of
the public officers law.
§ 4. Section 2999-ll of the public health law, as added by section 1
of part X of chapter 57 of the laws of 2023, is amended to read as
follows:
§ 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 [any health care personnel of] a temporary health
care services agency shall be considered a separate violation.
§ 5. Section 2999-mm of the public health law, as added by section 1
of part X of chapter 57 of the laws of 2023, is amended to read as
follows:
§ 2999-mm. Rates for temporary health care services; reports. 1. A
temporary health care services agency shall report quarterly to the
department a full disclosure of charges and compensation, including a
schedule of all hourly bill rates per category of [health care person-
nel] INDIVIDUALS ENGAGED TO PROVIDE HEALTH CARE SERVICES, a full
description of administrative charges, and a schedule of rates of all
compensation per category of [health care personnel] INDIVIDUALS ENGAGED
TO PROVIDE HEALTH CARE SERVICES including, but not limited to:
[1.] (A) hourly regular pay rate, shift differential, weekend differ-
ential, hazard pay, charge nurse add-on, overtime, holiday pay, travel
or mileage pay, and any health or other fringe benefits provided;
[2.] (B) the percentage of health care entity dollars that the agency
expended on [temporary personnel wages and benefits] COMPENSATION,
INCLUDING, AS APPLICABLE, BENEFITS, TO INDIVIDUALS ENGAGED TO PROVIDE
HEALTH CARE SERVICES compared to the temporary health care services
agency's profits and other administrative costs;
[3.] (C) a list of the states and zip codes of [their health care
personnels'] THE primary residences OF INDIVIDUALS ENGAGED TO PROVIDE
HEALTH CARE SERVICES;
[4.] (D) the names of all health care entities they OR A THIRD PARTY
WITH WHOM THE AGENCY IS SUBCONTRACTING have contracted within New York
state;
[5.] (E) the number of [health care personnel of] INDIVIDUALS ENGAGED
TO PROVIDE HEALTH CARE SERVICES BY the temporary health care services
agency working at each entity; and
[6.] (F) any other information prescribed by the commissioner.
2. THE COMMISSIONER IS HEREBY AUTHORIZED TO PROMULGATE REGULATIONS TO
ESTABLISH, MONITOR, AND ENFORCE A LIMITATION ON THE AMOUNT THAT TEMPO-
RARY HEALTH CARE SERVICES AGENCIES OR CERTAIN TYPES OR CLASSES OF SUCH
AGENCIES MAY RETAIN AS PROFIT FROM PROVIDING, PROCURING, OR ENABLING
HEALTH CARE ENTITIES TO ENGAGE AN INDIVIDUAL TO PROVIDE HEALTH CARE
SERVICES, WHICH FOR THE PURPOSES OF THIS SECTION SHALL BE REFERRED TO AS
THE "AGENCY RATE." IN SETTING ONE OR MORE AGENCY RATES, WHICH CAN BE
EXPRESSED AS A PERCENTAGE OR IN ANOTHER MANNER AS DETERMINED BY THE
DEPARTMENT, THE DEPARTMENT SHALL TAKE INTO CONSIDERATION FACTORS INCLUD-
ING BUT NOT LIMITED TO THE ABILITY TO MAINTAIN SUFFICIENT STAFFING OF
THE HEALTH CARE WORKFORCE, WHETHER ON A CONTRACT OR PERMANENT BASIS AND
ACROSS THE RANGE OF NEEDED PROFESSIONAL TITLES AND ROLES, IN ALL
GEOGRAPHIC AREAS ACROSS THE STATE. THE DEPARTMENT SHALL ALSO ENGAGE IN A
PERIODIC REASSESSMENT OF ANY AGENCY RATES TO ENSURE THAT THEY REFLECT
CURRENT CONDITIONS AND REMAIN EFFECTIVE.
S. 9007--A 104 A. 10007--A
3. THE DEPARTMENT SHALL HAVE DISCRETION TO GRANT WAIVERS FOR EXTRAOR-
DINARY CIRCUMSTANCES WHERE COMPLIANCE WITH THE AGENCY RATE WOULD RESULT
IN DEMONSTRABLE HARM TO HEALTH CARE ACCESS OR STAFFING AVAILABILITY.
4. THE COMMISSIONER SHALL PUBLISH GUIDELINES ESTABLISHING THE FORMS
AND PROCEDURES FOR VERIFICATION OF COMPLIANCE WITH AN AGENCY RATE. IN
ADDITION, A TEMPORARY HEALTH CARE SERVICES AGENCY SHALL RETAIN FOR SIX
YEARS AND MAKE AVAILABLE TO THE DEPARTMENT UPON REQUEST COPIES OF ALL
CONTRACTS, INVOICES, RECORDS, PAYROLL INFORMATION, AND OTHER DOCUMENTS
NECESSARY TO DETERMINE COMPLIANCE WITH THE AGENCY RATE. THE DEPARTMENT
IS AUTHORIZED TO CONDUCT AUDITS OF TEMPORARY HEALTH CARE SERVICES AGEN-
CIES AS WELL AS TARGETED INVESTIGATIONS BASED ON COMPLAINTS OR ATYPICAL
REPORTING PATTERNS.
§ 6. This act 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 K
Section 1. Subdivision 3 of section 3018 of the public health law, as
amended by section 8 of part B of chapter 57 of the laws of 2025, is
amended to read as follows:
3. (A) This program shall authorize mobile integrated and community
paramedicine programs presently operating and approved by the department
as of May eleventh, two thousand twenty-three, under the authority of
Executive Order Number 4 of two thousand twenty-one, entitled "Declaring
a Statewide Disaster Emergency Due to Healthcare staffing shortages in
the State of New York" to continue in the same manner and capacity as
currently approved for a period of [four] EIGHT years following the
effective date of this section.
(B) ANY AMBULANCE SERVICE OR ADVANCED LIFE SUPPORT FIRST RESPONSE
SERVICE NOT CURRENTLY APPROVED AND OPERATING IN ACCORDANCE WITH PARA-
GRAPH (A) OF THIS SUBDIVISION MAY APPLY TO THE DEPARTMENT FOR APPROVAL
TO OPERATE A MOBILE INTEGRATED AND COMMUNITY PARAMEDICINE PROGRAM, AND
ANY MOBILE INTEGRATED AND COMMUNITY PARAMEDICINE PROGRAM CURRENTLY OPER-
ATING PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION FOR A LIMITED
PURPOSE, INCLUDING BUT NOT LIMITED TO VACCINATION ADMINISTRATION, MAY
APPLY TO THE DEPARTMENT FOR APPROVAL TO MODIFY ITS EXISTING MOBILE INTE-
GRATED AND COMMUNITY PARAMEDICINE PROGRAM. SUCH APPLICATIONS MUST BE
SUBMITTED IN A FORM AND FORMAT PRESCRIBED BY THE DEPARTMENT. THE DEPART-
MENT MAY APPROVE UP TO NINETY-NINE NEW OR MODIFIED MOBILE INTEGRATED AND
COMMUNITY PARAMEDICINE PROGRAMS PURSUANT TO THIS PARAGRAPH. PROGRAMS
APPROVED PURSUANT TO THIS PARAGRAPH MAY BE PERMITTED TO OPERATE IN A
GEOGRAPHIC AREA DEFINED BY THE DEPARTMENT FOR A TWO-YEAR PERIOD. SUCH
APPROVAL MAY BE EXTENDED BY THE DEPARTMENT THROUGH MAY TWENTY-FIRST, TWO
THOUSAND THIRTY-ONE, PROVIDED, HOWEVER, NO MOBILE INTEGRATED AND COMMU-
NITY PARAMEDICINE PROGRAM SHALL OPERATE BEYOND SUCH DATE. IF A MOBILE
INTEGRATED AND COMMUNITY PARAMEDICINE PROGRAM CEASES TO OPERATE FOR ANY
REASON, THE DEPARTMENT MAY APPROVE ANOTHER AMBULANCE SERVICE OR ADVANCED
LIFE SUPPORT FIRST RESPONSE SERVICE, BUT AT NO POINT SHALL THE AGGREGATE
NUMBER OF MOBILE INTEGRATED AND COMMUNITY PARAMEDICINE PROGRAMS OPERAT-
ING CONCURRENTLY BE MORE THAN NINETY-NINE.
(C) UPON A FINDING THAT AN AMBULANCE SERVICE OR ADVANCED LIFE SUPPORT
FIRST RESPONSE SERVICE HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS
ARTICLE OR THE RULES AND REGULATIONS PROMULGATED THEREUNDER, THE DEPART-
S. 9007--A 105 A. 10007--A
MENT MAY REVOKE ITS APPROVAL OF THE AMBULANCE SERVICE'S OR ADVANCED LIFE
SUPPORT FIRST RESPONSE SERVICE'S MOBILE INTEGRATED AND COMMUNITY PARAM-
EDICINE PROGRAM.
§ 2. Section 2 of chapter 137 of the laws of 2023 amending the public
health law relating to establishing a community-based paramedicine
demonstration program, as amended by section 8-a of part B of chapter 57
of the laws of 2025, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed [4] 8 years after such date; provided, however, that if
this act shall have become a law on or after May 22, 2023 this act shall
take effect immediately and shall be deemed to have been in full force
and effect on and after May 22, 2023.
§ 3. 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 assist-
ance including, but not limited to, the treatment of trauma[,];
burns[,]; respiratory, circulatory and obstetrical emergencies; AND
EXECUTING MEDICAL REGIMENTS PRESCRIBED OR ORDERED BY A LICENSED HEALTH
CARE PROVIDER AUTHORIZED TO MAKE SUCH PRESCRIPTION OR ORDER UNDER THIS
CHAPTER OR THE EDUCATION LAW.
§ 4. Section 6909 of the education law is amended by adding a new
subdivision 12 to read as follows:
12. A CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER A NON-PA-
TIENT SPECIFIC REGIMEN FOR ADMINISTERING IMMUNIZATIONS TO AN EMERGENCY
MEDICAL SERVICES PRACTITIONER LICENSED BY THE DEPARTMENT OF HEALTH
PURSUANT TO ARTICLE THIRTY OF THE PUBLIC HEALTH LAW, PURSUANT TO REGU-
LATIONS PROMULGATED BY THE COMMISSIONER, AND CONSISTENT WITH THE PUBLIC
HEALTH LAW, UTILIZING GENERALLY ACCEPTED MEDICAL STANDARDS AND TAKING
INTO CONSIDERATION RECOMMENDATIONS OF THE AMERICAN ACADEMY OF PEDIA-
TRICS, THE AMERICAN ACADEMY OF FAMILY PHYSICIANS, THE AMERICAN COLLEGE
OF OBSTETRICIANS AND GYNECOLOGISTS, THE AMERICAN COLLEGE OF PHYSICIANS,
THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES, AND/OR OTHER SIMILAR
NATIONALLY OR INTERNATIONALLY RECOGNIZED SCIENTIFIC ORGANIZATIONS. NOTH-
ING IN THIS SUBDIVISION SHALL AUTHORIZE UNLICENSED PERSONS TO ADMINISTER
IMMUNIZATIONS, VACCINES OR OTHER DRUGS.
§ 5. Section 6527 of the education law is amended by adding a new
subdivision 12 to read as follows:
12. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIF-
IC REGIMEN FOR ADMINISTERING IMMUNIZATIONS TO AN EMERGENCY MEDICAL
SERVICES PRACTITIONER LICENSED BY THE DEPARTMENT OF HEALTH PURSUANT TO
ARTICLE THIRTY OF THE PUBLIC HEALTH LAW, PURSUANT TO REGULATIONS PROMUL-
GATED BY THE COMMISSIONER, AND CONSISTENT WITH THE PUBLIC HEALTH LAW,
UTILIZING GENERALLY ACCEPTED MEDICAL STANDARDS AND TAKING INTO CONSIDER-
ATION RECOMMENDATIONS OF THE AMERICAN ACADEMY OF PEDIATRICS, THE AMERI-
CAN ACADEMY OF FAMILY PHYSICIANS, THE AMERICAN COLLEGE OF OBSTETRICIANS
AND GYNECOLOGISTS, THE AMERICAN COLLEGE OF PHYSICIANS, THE ADVISORY
COMMITTEE ON IMMUNIZATION PRACTICES, AND/OR OTHER SIMILAR NATIONALLY OR
INTERNATIONALLY RECOGNIZED SCIENTIFIC ORGANIZATIONS. NOTHING IN THIS
SUBDIVISION SHALL AUTHORIZE UNLICENSED PERSONS TO ADMINISTER IMMUNIZA-
TIONS, VACCINES OR OTHER DRUGS.
§ 6. Section 2803 of the public health law is amended by adding a new
subdivision 15 to read as follows:
15. SUBJECT TO THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION AND
NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE, OR ANY RULE OR REGULATION
S. 9007--A 106 A. 10007--A
TO THE CONTRARY, THE COMMISSIONER MAY ALLOW GENERAL HOSPITALS TO PROVIDE
OFF-SITE ACUTE CARE MEDICAL SERVICES, THAT ARE:
(A) NOT HOME CARE SERVICES AS DEFINED IN SUBDIVISION ONE OF SECTION
THIRTY-SIX HUNDRED TWO OF THIS CHAPTER OR THE PROFESSIONAL SERVICES
ENUMERATED IN SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
CHAPTER; PROVIDED, HOWEVER, THAT NOTHING SHALL PRECLUDE A HOSPITAL FROM
OFFERING HOSPITAL SERVICES AS DEFINED IN SUBDIVISION FOUR OF SECTION
TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE;
(B) PROVIDED BY A MEDICAL PROFESSIONAL, INCLUDING A PHYSICIAN, REGIS-
TERED NURSE, NURSE PRACTITIONER, OR PHYSICIAN ASSISTANT, TO A PATIENT
WITH A PREEXISTING CLINICAL RELATIONSHIP WITH THE GENERAL HOSPITAL, OR
WITH THE HEALTH CARE PROFESSIONAL PROVIDING THE SERVICE;
(C) PROVIDED TO A PATIENT FOR WHOM A MEDICAL PROFESSIONAL HAS DETER-
MINED IS APPROPRIATE TO RECEIVE ACUTE MEDICAL SERVICES AT THEIR RESI-
DENCE; AND
(D) CONSISTENT WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, THE
GENERAL HOSPITAL HAS APPROPRIATE DISCHARGE PLANNING IN PLACE TO COORDI-
NATE DISCHARGE TO A HOME CARE AGENCY WHERE MEDICALLY NECESSARY AND
CONSENTED TO BY THE PATIENT AFTER THE PATIENT'S ACUTE CARE EPISODE ENDS.
(E) NOTHING IN THIS SUBDIVISION SHALL PRECLUDE OFF-SITE SERVICES FROM
BEING PROVIDED IN ACCORDANCE WITH SUBDIVISION ELEVEN OF THIS SECTION AND
DEPARTMENT REGULATIONS.
(F) THE DEPARTMENT IS AUTHORIZED TO ESTABLISH MEDICAL ASSISTANCE
PROGRAM RATES TO EFFECTUATE THIS SUBDIVISION. FOR THE PURPOSES OF THE
DEPARTMENT DETERMINING THE APPLICABLE RATES PURSUANT TO SUCH AUTHORITY,
ANY GENERAL HOSPITAL APPROVED PURSUANT TO THIS SUBDIVISION SHALL REPORT
TO THE DEPARTMENT, IN THE FORM AND FORMAT REQUIRED BY THE DEPARTMENT,
ITS ANNUAL OPERATING COSTS AND STATISTICS, SPECIFICALLY FOR SUCH OFF-
SITE ACUTE SERVICES. FAILURE TO TIMELY SUBMIT SUCH COST DATA TO THE
DEPARTMENT MAY RESULT IN REVOCATION OF AUTHORITY TO PARTICIPATE IN A
PROGRAM UNDER THIS SECTION DUE TO THE INABILITY TO ESTABLISH APPROPRIATE
REIMBURSEMENT RATES.
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2026; provided,
however, that the amendments to subdivision 3 of section 3018 of the
public health law made by section one of this act shall not affect the
repeal of such section and shall be deemed repealed therewith.
PART L
Section 1. Subparagraph (iv) of paragraph (b) of subdivision 2-b of
section 2808 of the public health law, as amended by section 2 of part E
of chapter 57 of the laws of 2024, is amended to read as follows:
(iv) The capital cost component of rates on and after January first,
two thousand nine shall: (A) fully reflect the cost of local property
taxes and payments made in lieu of local property taxes, as reported in
each facility's cost report submitted for the year two years prior to
the rate year; (B) provided, however, notwithstanding any inconsistent
provision of this article, commencing April first, two thousand twenty
for rates of payment for patients eligible for payments made by state
governmental agencies, the capital cost component determined in accord-
ance with this subparagraph and inclusive of any shared savings for
eligible facilities that elect to refinance their mortgage loans pursu-
ant to paragraph (d) of subdivision two-a of this section, shall be
reduced by the commissioner by five percent; and (C) provided, however,
notwithstanding any inconsistent provision of this article, commencing
S. 9007--A 107 A. 10007--A
April first, two thousand twenty-four AND ENDING MARCH THIRTY-FIRST, TWO
THOUSAND TWENTY-SIX for rates of payment for patients eligible for
payments made by state governmental agencies, the capital cost component
determined in accordance with this subparagraph and inclusive of any
shared savings for eligible facilities that elect to refinance their
mortgage loans pursuant to paragraph (d) of subdivision two-a of this
section, shall be reduced by the commissioner by an additional ten
percent, provided, however, that such reduction shall not apply to rates
of payment for patients in pediatric residential health care facilities
as defined in paragraph (c) of subdivision two of section twenty-eight
hundred eight-e of this article.
§ 2. Subdivision 12 of section 367-a of the social services law, as
amended by section 42 of part B of chapter 57 of the laws of 2015, is
amended to read as follows:
12. Prior to receiving medical assistance under subparagraphs five and
six of paragraph (c) of subdivision one of section three hundred sixty-
six of this title, a person whose net available income is at least one
hundred fifty percent of the applicable federal income official poverty
line, as defined and updated by the United States department of health
and human services, must pay a monthly premium, in accordance with a
procedure to be established by the commissioner. The amount of such
premium shall be [twenty-five dollars for an individual who is otherwise
eligible for medical assistance under such subparagraphs, and fifty
dollars for a couple, both of whom are otherwise eligible for medical
assistance under such subparagraphs] SUBJECT TO FEDERAL APPROVAL, UP TO
THREE PERCENT OF NET EARNED INCOME AND SEVEN AND ONE-HALF PERCENT OF NET
UNEARNED INCOME. No premium shall be required from a person whose net
available income is less than one hundred fifty percent of the applica-
ble federal income official poverty line, as defined and updated by the
United States department of health and human services.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2026.
PART M
Section 1. Subparagraphs (iii) and (iv) of paragraph (d) of subdivi-
sion 1 of section 367-a of the social services law, subparagraph (iii)
as amended by section 31 of part B of chapter 57 of the laws of 2015 and
subparagraph (iv) as added by section 16 of part B of chapter 59 of the
laws of 2016, are amended to read as follows:
(iii) With respect to items and services provided to eligible persons
who are also beneficiaries under part B of title XVIII of the federal
social security act and items and services provided to qualified medi-
care beneficiaries under part B of title XVIII of the federal social
security act, the amount payable for services covered under this title
shall be the amount of any co-insurance liability of such eligible
persons pursuant to federal law were they not eligible for medical
assistance or were they not qualified medicare beneficiaries with
respect to such benefits under such part B, but shall not exceed the
amount that otherwise would be made under this title if provided to an
eligible person other than a person who is also a beneficiary under part
B or is a qualified medicare beneficiary minus the amount payable under
part B; provided, however, amounts payable under this title for items
and services provided to eligible persons who are also beneficiaries
under part B or to qualified medicare beneficiaries by [an ambulance
service under the authority of an operating certificate issued pursuant
S. 9007--A 108 A. 10007--A
to article thirty of the public health law, a psychologist licensed
under article one hundred fifty-three of the education law, or] a facil-
ity under the authority of an operating certificate issued pursuant to
article sixteen, thirty-one or thirty-two of the mental hygiene law and
with respect to outpatient hospital and clinic items and services
provided by a facility under the authority of an operating certificate
issued pursuant to article twenty-eight of the public health law, shall
not be less than the amount of any co-insurance liability of such eligi-
ble persons or such qualified medicare beneficiaries, or for which such
eligible persons or such qualified medicare beneficiaries would be
liable under federal law were they not eligible for medical assistance
or were they not qualified medicare beneficiaries with respect to such
benefits under part B.
(iv) If a health plan participating in part C of title XVIII of the
federal social security act pays for items and services provided to
eligible persons who are also beneficiaries under part B of title XVIII
of the federal social security act or to qualified medicare benefici-
aries, the amount payable for services under this title shall be [eight-
y-five percent of] the amount of any co-insurance liability of such
eligible persons pursuant to federal law if they were not eligible for
medical assistance or were not qualified medicare beneficiaries with
respect to such benefits under such part B[; provided, however, amounts
payable under this title for items and services provided to eligible
persons who are also beneficiaries under part B or to qualified medicare
beneficiaries by an ambulance service under the authority of an operat-
ing certificate issued pursuant to article thirty of the public health
law, or a psychologist licensed under article one hundred fifty-three of
the education law, shall not be less than the amount of any co-insurance
liability of such eligible persons or such qualified medicare benefici-
aries, or for which such eligible persons or such qualified medicare
beneficiaries would be liable under federal law were they not eligible
for medical assistance or were they not qualified medicare beneficiaries
with respect to such benefits under part B], BUT SHALL NOT EXCEED
THE AMOUNT THAT OTHERWISE WOULD BE MADE UNDER THIS TITLE IF PROVIDED TO
AN ELIGIBLE PERSON OTHER THAN A PERSON WHO IS ALSO A BENEFICIARY UNDER
PART B OR IS A QUALIFIED MEDICARE BENEFICIARY MINUS THE AMOUNT PAYABLE
UNDER PART B.
§ 2. Paragraph (c) of subdivision 1 of section 369-gg of the social
services law is REPEALED.
§ 3. Subdivision 1 of section 369-gg of the social services law is
amended by adding a new paragraph (c) to read as follows:
(C) "HEALTH CARE SERVICES" MEANS (I) THE SERVICES AND SUPPLIES AS
DEFINED BY THE COMMISSIONER IN CONSULTATION WITH THE SUPERINTENDENT OF
FINANCIAL SERVICES, AND SHALL BE CONSISTENT WITH AND SUBJECT TO THE
ESSENTIAL HEALTH BENEFITS AS DEFINED BY THE COMMISSIONER IN ACCORDANCE
WITH THE PROVISIONS OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT
(P.L. 111-148) AND CONSISTENT WITH THE BENEFITS PROVIDED BY THE REFER-
ENCE PLAN SELECTED BY THE COMMISSIONER FOR THE PURPOSES OF DEFINING SUCH
BENEFITS, AND SHALL INCLUDE COVERAGE OF AND ACCESS TO THE SERVICES OF
ANY NATIONAL CANCER INSTITUTE-DESIGNATED CANCER CENTER LICENSED BY THE
DEPARTMENT OF HEALTH WITHIN THE SERVICE AREA OF THE APPROVED ORGANIZA-
TION THAT IS WILLING TO AGREE TO PROVIDE CANCER-RELATED INPATIENT,
OUTPATIENT AND MEDICAL SERVICES TO ALL ENROLLEES IN APPROVED ORGANIZA-
TIONS' PLANS IN SUCH CANCER CENTER'S SERVICE AREA UNDER THE PREVAILING
TERMS AND CONDITIONS THAT THE APPROVED ORGANIZATION REQUIRES OF OTHER
SIMILAR PROVIDERS TO BE INCLUDED IN THE APPROVED ORGANIZATION'S NETWORK,
S. 9007--A 109 A. 10007--A
PROVIDED THAT SUCH TERMS SHALL INCLUDE REIMBURSEMENT OF SUCH CENTER AT
NO LESS THAN THE FEE-FOR-SERVICE MEDICAID PAYMENT RATE AND METHODOLOGY
APPLICABLE TO THE CENTER'S INPATIENT AND OUTPATIENT SERVICES; AND (II)
DENTAL AND VISION SERVICES AS DEFINED BY THE COMMISSIONER;
§ 4. Subdivision 4 of section 364-i of the social services law is
REPEALED and subdivisions 5, 6, 7 and 8 of such section are renumbered
subdivisions 4, 5, 6 and 7.
§ 5. Subparagraphs (2) and (3) of paragraph (b) of subdivision 1 of
section 366 of the social services law, as added by section 1 of part D
of chapter 56 of the laws of 2013, are amended to read as follows:
(2) A pregnant [woman] PERSON or an infant younger than one year of
age is eligible for standard coverage if [his or her] THEIR MAGI house-
hold income does not exceed the MAGI-equivalent of two hundred percent
of the federal poverty line for the applicable family size, which shall
be calculated in accordance with guidance issued by the secretary of the
United States department of health and human services[, or an infant
younger than one year of age who meets the presumptive eligibility
requirements of subdivision four of section three hundred sixty-four-i
of this title].
(3) A child who is at least one year of age but younger than nineteen
years of age is eligible for standard coverage if [his or her] SUCH
CHILD'S MAGI household income does not exceed the MAGI-equivalent of one
hundred thirty-three percent of the federal poverty line for the appli-
cable family size, which shall be calculated in accordance with guidance
issued by the Secretary of the United States department of health and
human services[, or a child who is at least one year of age but younger
than nineteen years of age who meets the presumptive eligibility
requirements of subdivision four of section three hundred sixty-four-i
of this title].
§ 6. Subparagraphs (7) and (8) of paragraph (c) of subdivision 1 of
section 366 of the social services law, as added by section 1 of part D
of chapter 56 of the laws of 2013, are amended to read as follows:
(7) An individual receiving treatment for breast or cervical cancer
who meets the eligibility requirements of paragraph (d) of subdivision
four of this section or the presumptive eligibility requirements of
subdivision [five] FOUR of section three hundred sixty-four-i of this
title.
(8) An individual receiving treatment for colon or prostate cancer who
meets the eligibility requirements of paragraph (e) of subdivision four
of this section or the presumptive eligibility requirements of subdivi-
sion [five] FOUR of section three hundred sixty-four-i of this title.
§ 7. Clause (iii) of subparagraph (4) of paragraph (d) of subdivision
4 of section 366 of the social services law, as added by section 2 of
part D of chapter 56 of the laws of 2013, is amended to read as follows:
(iii) An individual shall be eligible for presumptive eligibility for
medical assistance under this paragraph in accordance with subdivision
[five] FOUR of section three hundred sixty-four-i of this title.
§ 8. Subparagraph (3) of paragraph (e) of subdivision 4 of section 366
of the social services law, as added by section 2 of part D of chapter
56 of the laws of 2013, is amended to read as follows:
(3) An individual shall be eligible for presumptive eligibility for
medical assistance under this paragraph in accordance with subdivision
[five] FOUR of section three hundred sixty-four-i of this title.
§ 9. Subdivision 6 of section 365-a of the social services law, as
amended by chapter 484 of the laws of 2009, is amended to read as
follows:
S. 9007--A 110 A. 10007--A
6. Any inconsistent provision of law notwithstanding, medical assist-
ance shall also include payment for medical care, services or supplies
furnished to eligible pregnant [women] PERSONS pursuant to [paragraph
(o) of subdivision four of] section three hundred sixty-six and subdivi-
sion [six] FIVE of section three hundred sixty-four-i of this title, to
the extent that and for so long as federal financial participation is
available therefor; provided, however, that nothing in this section
shall be deemed to affect payment for such medical care, services or
supplies if federal financial participation is not available for such
care, services and supplies solely by reason of the immigration status
of the otherwise eligible pregnant [woman] PERSON.
§ 10. Paragraph (jj) of subdivision 2 of section 365-a of the social
services law, as added by chapter 733 of the laws of 2022, is amended to
read as follows:
(jj) applied behavior analysis, under article one hundred sixty-seven
of the education law, provided by a person licensed, certified, or
otherwise authorized to provide applied behavior analysis under that
article, WHEN SUCH SERVICES HAVE BEEN RECOMMENDED BY A HEALTH CARE OR
MENTAL HEALTH CARE PRACTITIONER AUTHORIZED UNDER TITLE EIGHT OF THE
EDUCATION LAW WHO HAS BEEN DESIGNATED AS AN APPLIED BEHAVIOR ANALYSIS
CENTER OF EXCELLENCE PROVIDER BY THE COMMISSIONER OF HEALTH. NOTHING IN
THIS PARAGRAPH SHALL BE CONSTRUED TO MODIFY ANY LICENSURE, CERTIFICATION
OR SCOPE OF PRACTICE PROVISION UNDER TITLE EIGHT OF THE EDUCATION LAW.
§ 11. Subdivision 5-d of section 4406-c of the public health law, as
added by chapter 451 of the laws of 2007 and as relettered by chapter
237 of the laws of 2009, is amended to read as follows:
5-d. (A) If a contract between a plan and a hospital is not renewed or
is terminated by either party, the parties shall continue to abide by
the terms of such contract, including reimbursement terms, AND INCLUDING
ALL TERMS AFFECTING HOSPITAL-OWNED PROVIDER PRACTICES, for a period of
[two months] ONE HUNDRED TWENTY DAYS from the effective date of termi-
nation or, in the case of a non-renewal, from the end of the contract
period. Notice shall be provided to all enrollees potentially affected
by such termination or non-renewal within fifteen days after commence-
ment of the [two-month] ONE HUNDRED TWENTY-DAY period. The commissioner
shall have the authority to waive the [two-month] ONE HUNDRED TWENTY-DAY
period upon the request of either party to a contract [that is being
terminated for cause. This subdivision shall not apply where both
parties mutually agree in writing to the termination or non-renewal and
the plan provides notice to the enrollee at least thirty days in advance
of the date of contract termination].
(B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE COMMIS-
SIONER MAY REVIEW AND APPROVE ALL CORRESPONDENCE, COMMUNICATIONS, AND
PUBLICATIONS THAT PARTIES TO A CONTRACT BETWEEN A PLAN AND A HOSPITAL
INTEND TO USE TO NOTIFY CONSUMERS WITHIN THE SIXTY-DAY PERIOD PRIOR TO
THE CONTRACT TERMINATION OR RENEWAL DATE.
§ 11-a. Subsection (i) of section 3217-b of the insurance law, as
amended by section 3 of chapter 237 of the laws of 2009 is amended to
read as follows:
(i) (1) If a contract between an insurer and a hospital is not renewed
or is terminated by either party, the parties shall continue to abide by
the terms of such contract, including reimbursement terms, AND INCLUDING
ALL TERMS AFFECTING HOSPITAL-OWNED PROVIDER PRACTICES, for a period of
[two months] ONE HUNDRED TWENTY DAYS from the effective date of termi-
nation or, in the case of a non-renewal, from the end of the contract
period. Notice shall be provided to all insureds potentially affected by
S. 9007--A 111 A. 10007--A
such termination or non-renewal within fifteen days after commencement
of the [two-month] ONE HUNDRED TWENTY-DAY period. The commissioner of
health shall have the authority to waive the [two-month] ONE HUNDRED
TWENTY-DAY period upon the request of either party to a contract [that
is being terminated for cause. This subsection shall not apply where
both parties mutually agree in writing to the termination or non-renewal
and the insurer provides notice to the insured at least thirty days in
advance of the date of contract termination].
(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE COMMIS-
SIONER OF HEALTH MAY REVIEW AND APPROVE ALL CORRESPONDENCE, COMMUNI-
CATIONS, AND PUBLICATIONS THAT PARTIES TO A CONTRACT BETWEEN AN INSURER
AND A HOSPITAL INTEND TO USE TO NOTIFY CONSUMERS WITHIN THE SIXTY-DAY
PERIOD PRIOR TO THE CONTRACT TERMINATION OR RENEWAL DATE.
§ 11-b. Subsection (j) of section 4325 of the insurance law, as
amended by section 1 of chapter 487 of the laws of 2010, is amended to
read as follows:
(j) (1) If a contract between a corporation and a hospital is not
renewed or is terminated by either party, the parties shall continue to
abide by the terms of such contract, including reimbursement terms, AND
INCLUDING ALL TERMS AFFECTING HOSPITAL-OWNED PROVIDER PRACTICES, for a
period of [two months] ONE HUNDRED TWENTY DAYS from the effective date
of termination or, in the case of a non-renewal, from the end of the
contract period. Notice shall be provided to all subscribers potentially
affected by such termination or non-renewal within fifteen days after
commencement of the [two-month] ONE HUNDRED TWENTY-DAY period. The
commissioner of health shall have the authority to waive the [two-month]
ONE HUNDRED TWENTY-DAY period upon the request of either party to a
contract [that is being terminated for cause. This subsection shall not
apply where both parties mutually agree in writing to the termination or
non-renewal and the corporation provides notice to the subscriber at
least thirty days in advance of the date of contract termination].
(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE COMMIS-
SIONER OF HEALTH MAY REVIEW AND APPROVE ALL CORRESPONDENCE, COMMUNI-
CATIONS, AND PUBLICATIONS THAT PARTIES TO A CONTRACT BETWEEN A CORPO-
RATION AND A HOSPITAL INTEND TO USE TO NOTIFY CONSUMERS WITHIN THE
SIXTY-DAY PERIOD PRIOR TO THE CONTRACT TERMINATION OR RENEWAL DATE.
§ 12. Paragraph (mm) of subdivision 2 of section 365-a of the social
services law, as amended by chapter 29 of the laws of 2024, is amended
to read as follows:
(mm) (i) biomarker precision medical testing for the purposes of diag-
nosis, treatment, or appropriate management of, or ongoing monitoring to
guide treatment decisions for, a recipient's disease or condition [when
one or more of the following recognizes the efficacy and appropriateness
of biomarker precision medical testing for diagnosis, treatment, appro-
priate management, or guiding treatment decisions for a recipient's
disease or condition:
(1) labeled indications for a test approved or cleared by the federal
food and drug administration or indicated tests for a food and drug
administration approved drug;
(2) centers for medicare and medicaid services national coverage
determinations or medicare administrative contractor local coverage
determinations;
(3) nationally recognized clinical practice guidelines; or
(4) peer-reviewed literature and peer-reviewed scientific studies
published in or accepted for publication by medical journals that meet
nationally recognized requirements for scientific manuscripts and that
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submit most of their published articles for review by experts who are
not part of the editorial staff].
(ii) As used in this paragraph, the following terms shall have the
following meanings:
(1) "Biomarker" means a characteristic that is measured as an indica-
tor of normal biological processes, pathogenic processes, or responses
to an exposure or intervention, including therapeutic interventions.
(2) "Biomarker precision medical testing" means the analysis of a
patient's tissue, blood, or other biospecimen for the presence of a
biomarker. Biomarker testing includes but is not limited to single-ana-
lyte tests and multi-plex panel tests performed at a participating
in-network laboratory facility that is either CLIA certified or CLIA
waived by the federal food and drug administration.
[(3) "Nationally recognized clinical practice guidelines" means
evidence-based clinical practice guidelines informed by a systematic
review of evidence and an assessment of the benefits, and risks of
alternative care options intended to optimize patient care developed by
independent organizations or medical professional societies utilizing a
transparent methodology and reporting structure and with a conflict of
interest policy.]
§ 13. Subparagraph (3) of paragraph (b) of subdivision 4 of section
366 of the social services law, as amended by section 1 of part M of
chapter 57 of the laws of 2024, is amended to read as follows:
(3) [(A)] A child [between] UNDER the [ages] AGE of [six and] nineteen
who is determined eligible for medical assistance under the provisions
of this section, shall, consistent with applicable federal requirements,
remain eligible for such assistance until THE EARLIER OF:
(A) the last day of the month which is twelve months following the
determination or renewal of eligibility for such assistance; OR
(B) THE LAST DAY OF THE MONTH IN WHICH THE CHILD REACHES THE AGE OF
NINETEEN.
[(B) A child under the age of six who is determined eligible for
medical assistance under the provisions of this section, shall, consist-
ent with applicable federal requirements, remain continuously eligible
for medical assistance coverage until the later of:
(i) the last day of the twelfth month following the determination or
renewal of eligibility for such assistance; or
(ii) the last day of the month in which the child reaches the age of
six.]
§ 14. Paragraph (e) of subdivision 6 of section 2510 of the public
health law is REPEALED.
§ 15. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2026; provided,
however:
a. section one of this act shall take effect October 1, 2027;
b. sections thirteen and fourteen of this act shall take effect July
1, 2026; and
c. the amendments to subdivision 5-d of section 4406-c of the public
health law made by section eleven of this act shall not affect the expi-
ration and repeal of such subdivision and shall be deemed repealed ther-
ewith.
PART N
Section 1. This act enacts into law components of legislation relating
to the scope and practice of certain medical professions. Each component
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is wholly contained within a Subpart identified as Subparts A through E.
The effective date for each particular provision contained within such
Subpart is set forth in the last section of such Subpart. Any provision
in any section contained within a Subpart, including the effective date
of the Subpart, which makes a reference to a section "of this act", when
used in connection with that particular component, shall be deemed to
mean and refer to the corresponding section of the Subpart in which it
is found. Section three of this act sets forth the general effective
date of this act.
SUBPART A
Section 1. Section 6526 of the education law is amended by adding a
new subdivision 11 to read as follows:
11. ANY MEDICAL ASSISTANT WHEN DRAWING AND ADMINISTERING AN IMMUNIZA-
TION IN AN OUTPATIENT OFFICE SETTING UNDER THE DIRECT SUPERVISION OF A
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN ASSISTANT.
§ 2. The public health law is amended by adding a new section 2113 to
read as follows:
§ 2113. ADMINISTRATION OF IMMUNIZATIONS; MEDICAL ASSISTANTS. NOTWITH-
STANDING ANY OTHER LAW, RULE, OR REGULATION TO THE CONTRARY, PHYSICIANS,
NURSE PRACTITIONERS, AND PHYSICIAN ASSISTANTS ARE HEREBY AUTHORIZED TO
DELEGATE THE TASK OF DRAWING UP AND ADMINISTERING IMMUNIZATIONS TO
MEDICAL ASSISTANTS IN AN OUTPATIENT OFFICE SETTING IN ACCORDANCE WITH
REGULATIONS ISSUED BY THE COMMISSIONER, UTILIZING GENERALLY ACCEPTED
MEDICAL STANDARDS AND TAKING INTO CONSIDERATION RECOMMENDATIONS OF THE
AMERICAN ACADEMY OF PEDIATRICS, THE AMERICAN ACADEMY OF FAMILY PHYSI-
CIANS, THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, THE
AMERICAN COLLEGE OF PHYSICIANS, THE ADVISORY COMMITTEE ON IMMUNIZATION
PRACTICES, OR OTHER SIMILAR NATIONALLY OR INTERNATIONALLY RECOGNIZED
SCIENTIFIC ORGANIZATIONS; PROVIDED THAT MEDICAL ASSISTANTS RECEIVE
APPROPRIATE TRAINING AND ADEQUATE SUPERVISION DETERMINED PURSUANT TO
REGULATIONS BY THE COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF
EDUCATION.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
SUBPART B
Section 1. 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 WORKING IN A RESI-
DENTIAL HEALTH CARE FACILITY, AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED
ONE OF THE PUBLIC HEALTH LAW, IN ACCORDANCE WITH REGULATIONS DEVELOPED
BY THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE COMMISSIONER.
THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE COMMISSIONER, SHALL
ADOPT REGULATIONS GOVERNING CERTIFIED MEDICATION AIDES THAT, AT A MINI-
MUM, SHALL:
A. SPECIFY THE MEDICATION-RELATED TASKS THAT MAY BE PERFORMED BY
CERTIFIED MEDICATION AIDES PURSUANT TO THIS SUBDIVISION. SUCH TASKS
SHALL INCLUDE THE ADMINISTRATION OF MEDICATIONS WHICH ARE ROUTINE AND
PRE-FILLED OR OTHERWISE PACKAGED IN A MANNER THAT PROMOTES RELATIVE EASE
S. 9007--A 114 A. 10007--A
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 APPROPRIATE SUPERVISION AS
DETERMINED BY THE COMMISSIONER OF HEALTH;
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, OR ITS EQUIVALENT;
(III) EVIDENCE OF BEING AT LEAST EIGHTEEN YEARS OLD;
(IV) AT LEAST ONE YEAR OF EXPERIENCE PROVIDING NURSE AIDE SERVICES IN
A RESIDENTIAL HEALTH CARE FACILITY LICENSED PURSUANT TO ARTICLE TWENTY-
EIGHT OF THE PUBLIC HEALTH LAW OR A SIMILARLY LICENSED FACILITY IN
ANOTHER STATE OR UNITED STATES TERRITORY;
(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 OF HEALTH
IN CONSULTATION WITH THE COMMISSIONER;
(VII) SUCCESSFULLY COMPLETED COMPETENCY EXAMINATIONS SATISFACTORY TO
THE COMMISSIONER OF HEALTH IN CONSULTATION WITH THE COMMISSIONER; AND
(VIII) MEETS OTHER APPROPRIATE QUALIFICATIONS AS DETERMINED BY THE
COMMISSIONER OF HEALTH IN CONSULTATION WITH THE COMMISSIONER;
F. PROHIBIT A CERTIFIED MEDICATION AIDE FROM HOLDING THEMSELVES OUT,
OR ACCEPTING EMPLOYMENT AS, A PERSON LICENSED TO PRACTICE NURSING UNDER
THE PROVISIONS OF THIS ARTICLE;
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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.
§ 2. Section 6909 of the education law is amended by adding a new
subdivision 12 to read as follows:
12. 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.
§ 3. 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;
§ 4. The commissioner of health shall, in consultation with the
commissioner of education, issue a report on the implementation of
certified medication aides in residential care facilities in the state
two years after the effective date of this act. Such report shall
include the number of certified medication aides authorized pursuant to
this act; the impact, if any, that the introduction of certified medica-
tion aides had on workforce availability in residential care facilities
and/or the retention of registered nurses and/or licensed practical
nurses working in residential care facilities; the number of complaints
pertaining to services provided by certified medication aides that were
reported to the department of health; and the number of certified medi-
cation aides who had their authorization limited or revoked. Such report
shall provide recommendations to the governor and the chairs of the
senate and assembly health and higher education committees regarding the
implementation of certified medication aides pursuant to this act, and
any recommendations related thereto.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire ten years following such
effective date when upon such date the provisions of this act shall
expire and be deemed repealed.
SUBPART C
Section 1. Subparagraph (iii) of paragraph (a) of subdivision 42 of
section 305 of the education law, as added by chapter 496 of the laws of
2011, is amended to read as follows:
S. 9007--A 116 A. 10007--A
(iii) requiring the immediate removal from athletic activities of any
pupil believed to have sustained or who has sustained a mild traumatic
brain injury. In the event that there is any doubt as to whether a pupil
has sustained a concussion, it shall be presumed that [he or she] SUCH
PUPIL has been so injured until proven otherwise. No such pupil shall
resume athletic activity until [he or she] SUCH PUPIL shall have been
symptom free for not less than twenty-four hours, and has been evaluated
by and received written and signed authorization from a [licensed physi-
cian] QUALIFIED HEALTH CARE PROVIDER ACTING WITHIN THEIR SCOPE OF PRAC-
TICE. Such authorization shall be kept on file in the pupil's permanent
health record. Furthermore, such rules and regulations shall provide
guidelines for limitations and restrictions on school attendance and
activities for pupils who have sustained mild traumatic brain injuries,
consistent with the directives of the pupil's [treating physician]
HEALTH CARE PROVIDER.
§ 2. Subdivision b of section 923 of the education law, as added by
chapter 500 of the laws of 2021, is amended to read as follows:
b. The commissioner shall promulgate rules and regulations requiring
that any student displaying signs or symptoms of pending or increased
risk of sudden cardiac arrest shall be immediately removed from athletic
activities and shall not resume athletic activity until [he or she] SUCH
STUDENT has been evaluated by and received written and signed authori-
zation from a [licensed physician] QUALIFIED HEALTH CARE PROVIDER ACTING
WITHIN THEIR SCOPE OF PRACTICE. Such authorization shall be kept on
file in the pupil's permanent health record.
§ 3. Section 3624 of the education law, as amended by chapter 529 of
the laws of 2002, is amended to read as follows:
§ 3624. Drivers, monitors and attendants. The commissioner shall
determine and define the qualifications of drivers, monitors and attend-
ants and shall make the rules and regulations governing the operation of
all transportation facilities used by pupils which rules and regulations
shall include, but not be limited to, a maximum speed of fifty-five
miles per hour for school vehicles engaged in pupil transportation that
are operated on roads, interstates or other highways, parkways or bridg-
es or portions thereof that have posted speed limits in excess of
fifty-five miles per hour, prohibitions relating to smoking, eating and
drinking and any and all other acts or conduct which would otherwise
impair the safe operation of such transportation facilities while actu-
ally being used for the transport of pupils. The employment of each
driver, monitor and attendant shall be approved by the chief school
administrator of a school district for each school bus operated within
[his or her] SUCH ADMINISTRATOR'S district. For the purpose of determin-
ing [his or her] SUCH DRIVER, MONITOR AND ATTENDANT'S physical fitness,
each driver, monitor and attendant may be examined on order of the chief
school administrator by a [duly licensed physician] QUALIFIED HEALTH
CARE PROVIDER ACTING WITHIN THEIR SCOPE OF PRACTICE within two weeks
prior to the beginning of service in each school year as a school bus
driver, monitor or attendant. The report of the [physician] QUALIFIED
HEALTH CARE PROVIDER, in writing, shall be considered by the chief
school administrator in determining the fitness of the driver to operate
or continue to operate any transportation facilities used by pupils and
in determining the fitness of any monitor or attendant to carry out [his
or her] SUCH MONITOR OR ATTENDANT'S functions on such transportation
facilities. Nothing in this section shall prohibit a school district
from imposing a more restrictive speed limit policy for the operation of
S. 9007--A 117 A. 10007--A
school vehicles engaged in pupil transportation than the speed limit
policy established by the commissioner.
§ 4. Paragraph (i) of subdivision 1 and subdivision 3 of section
1203-a of the vehicle and traffic law, paragraph (i) of subdivision 1 as
amended by chapter 205 of the laws of 2024 and subdivision 3 as amended
by chapter 220 of the laws of 1984, are amended to read as follows:
(i) any resident of New York state who is a severely disabled person,
as defined in subdivision four of section four hundred four-a of this
chapter, upon application of such person or such person's parent or
guardian, provided, however, that an issuing agent shall issue permits
only to residents of the city, town or village in which such issuing
agent is located, except that, an issuing agent, in their discretion,
may issue a permit to a severely disabled person who is not a resident
of the city, town, or village in which such issuing agent is located
where such person resides in a city, town, or village in which the
governing body has not appointed an issuing agent; and an issuing agent,
in their discretion, may issue a temporary special vehicle identifica-
tion parking permit, as authorized by subdivision three of this section,
to a person who is temporarily unable to ambulate without the aid of an
assisting device, as certified by a [physician] QUALIFIED HEALTH CARE
PROVIDER AUTHORIZED TO CERTIFY THAT AN INDIVIDUAL IS SEVERELY DISABLED
PURSUANT TO SUBDIVISION FOUR OF SECTION FOUR HUNDRED FOUR-A OF THIS
CHAPTER, who resides in a city, town, or village in which the issuing
agent does not issue temporary special vehicle identification parking
permits, or who is not a resident of the United States and is temporar-
ily visiting the state; or
3. Notwithstanding any provision of this chapter to the contrary, any
municipality may issue a temporary special vehicle identification park-
ing permit to any person who is temporarily unable to ambulate without
the aid of an assisting device, as certified by [a physician] A QUALI-
FIED HEALTH CARE PROVIDER AUTHORIZED TO CERTIFY THAT AN INDIVIDUAL IS
SEVERELY DISABLED PURSUANT TO SUBDIVISION FOUR OF SECTION FOUR HUNDRED
FOUR-A OF THIS CHAPTER. Such temporary special vehicle identification
parking permit shall be valid for not more than six months and shall be
recognized statewide.
§ 5. Paragraph (d) of subdivision 3 of section 1203-h of the vehicle
and traffic law, as added by chapter 243 of the laws of 2007, is amended
to read as follows:
(d) are severely disabled persons, as defined in subdivision four of
section four hundred four-a of this chapter, whose severe disability, as
certified by a [licensed physician] QUALIFIED HEALTH CARE PROVIDER
AUTHORIZED TO CERTIFY THAT AN INDIVIDUAL IS SEVERELY DISABLED PURSUANT
TO SUCH SUBDIVISION, limits one or more of the following:
(i) fine motor control in both hands;
(ii) ability to reach or access a parking meter due to use of a wheel-
chair or other ambulatory device; or
(iii) ability to reach a height of forty-two inches from the ground
due to the lack of finger, hand or upper extremity strength or mobility.
§ 6. Paragraph (c) of subdivision 12-a of section 375 of the vehicle
and traffic law, as amended by chapter 135 of the laws of 1994, is
amended to read as follows:
(c) Any person required for medical reasons to be shielded from the
direct rays of the sun and/or any person operating a motor vehicle
belonging to such person or in which such person is an habitual passen-
ger shall be exempt from the provisions of subparagraphs one and two of
paragraph (b) of this subdivision provided the commissioner has granted
S. 9007--A 118 A. 10007--A
an exemption and notice of such exemption is affixed to the vehicle as
directed by the commissioner. The applicant for such exemption must
provide a [physician's] statement FROM A QUALIFIED HEALTH CARE PROVIDER
ACTING WITHIN THEIR SCOPE OF PRACTICE with the reason for the exemption,
the name of the individual with a medically necessary condition operat-
ing or transported in the vehicle, the specific condition involved, and
the minimum level of light transmission required. The commissioner shall
only authorize exemptions where the medical condition certified by the
[physician] QUALIFIED HEALTH CARE PROVIDER is contained on a list of
medical conditions prepared by the commissioner of health pursuant to
subdivision sixteen of section two hundred six of the public health law.
If such [such] exemption is granted, the commissioner shall make a
record thereof and shall distribute a sufficiently noticeable sticker to
the applicant to be attached to any window so shielded or altered pursu-
ant to such exemption.
§ 7. Paragraph (iii) of subdivision 3 of section 509-d of the vehicle
and traffic law, as added by chapter 675 of the laws of 1985, is amended
to read as follows:
(iii) the initial qualifying medical examination form and the biennial
medical examination form completed by the carrier's [physician] QUALI-
FIED HEALTH CARE PROVIDER ACTING WITHIN THEIR SCOPE OF PRACTICE;
§ 8. Section 509-k of the vehicle and traffic law, as added by chapter
1050 of the laws of 1974, is amended to read as follows:
§ 509-k. Ill or fatigued operator. No driver shall operate a bus and a
motor carrier shall not permit a driver to operate a bus while the driv-
er's ability or alertness is so impaired, or so likely to become
impaired, through fatigue, illness or any other cause, as to make it
unsafe for [him] SUCH DRIVER to begin or continue to operate the bus. At
the request of the driver or the motor carrier such illness, fatigue, or
other cause shall be certified by a qualified [physician] HEALTH CARE
PROVIDER ACTING WITHIN THEIR SCOPE OF PRACTICE. However, in a case of
grave emergency where the hazard to occupants of the bus or other users
of the highway would be increased by compliance with this section, the
driver may continue to operate the bus to the nearest place at which
that hazard is removed.
§ 9. Subdivision 7 of section 1229-c of the vehicle and traffic law,
as added by chapter 365 of the laws of 1984, is amended to read as
follows:
7. The provisions of this section shall not apply to a passenger or
operator with a physically disabling condition whose physical disability
would prevent appropriate restraint in such safety seat or safety belt
provided, however, such condition is duly certified by a [physician]
QUALIFIED HEALTH CARE PROVIDER ACTING WITHIN THEIR SCOPE OF PRACTICE who
shall state the nature of the handicap, as well as the reason such
restraint is inappropriate.
§ 10. Paragraph 1 of subdivision (a) of section 517 of the judiciary
law, as amended by chapter 380 of the laws of 2019, is amended to read
as follows:
(1) Except as otherwise provided in paragraph two of this subdivision,
the commissioner of jurors may, in [his or her] SUCH COMMISSIONER'S
discretion, on the application of a prospective juror who has been
summoned to attend, excuse such prospective juror from a part or the
whole of the time of jury service or may postpone the time of jury
service to a later day during the same or any subsequent term of the
court, provided that if the prospective juror is a breastfeeding mother
and submits with her application a note from a [physician] QUALIFIED
S. 9007--A 119 A. 10007--A
HEALTH CARE PROVIDER ACTING WITHIN THEIR SCOPE OF PRACTICE indicating
that the prospective juror is breastfeeding, the commissioner shall
excuse the prospective juror or postpone the time of jury service. The
application shall be presented to the commissioner at such time and in
such manner as [he or she] SUCH COMMISSIONER shall require, except that
an application for postponement of the initial date for jury service may
be made by telephone.
§ 11. The amendments to the education law, vehicle and traffic law,
and judiciary law made by this act shall not be construed to expand or
contract the scope of practice of any health care professional under
title 8 of the education law.
§ 12. This act shall take effect on the sixtieth day after it shall
have become a law.
SUBPART D
Section 1. Article 131-A of the education law is REPEALED.
§ 2. Section 230-e of the public health law is REPEALED.
§ 3. Title 2-A of article 2 of the public health law is amended by
adding five new sections 230-e, 230-f, 230-g, 230-h and 230-i to read as
follows:
§ 230-E. DEFINITIONS OF PROFESSIONAL MISCONDUCT APPLICABLE TO PHYSI-
CIANS, PHYSICIAN'S ASSISTANTS AND SPECIALIST'S ASSISTANTS. EACH OF THE
FOLLOWING IS PROFESSIONAL MISCONDUCT, AND ANY LICENSEE FOUND GUILTY OF
SUCH MISCONDUCT UNDER THE PROCEDURES DESCRIBED IN SECTION TWO HUNDRED
THIRTY OF THIS TITLE SHALL BE SUBJECT TO PENALTIES AS PRESCRIBED IN
SECTION TWO HUNDRED THIRTY-A OF THIS TITLE EXCEPT THAT THE CHARGES MAY
BE DISMISSED IN THE INTEREST OF JUSTICE:
1. OBTAINING THE LICENSE FRAUDULENTLY;
2. PRACTICING THE PROFESSION FRAUDULENTLY OR BEYOND ITS AUTHORIZED
SCOPE;
3. PRACTICING THE PROFESSION WITH NEGLIGENCE ON MORE THAN ONE OCCA-
SION;
4. PRACTICING THE PROFESSION WITH GROSS NEGLIGENCE ON A PARTICULAR
OCCASION;
5. PRACTICING THE PROFESSION WITH INCOMPETENCE ON MORE THAN ONE OCCA-
SION;
6. PRACTICING THE PROFESSION WITH GROSS INCOMPETENCE;
7. PRACTICING THE PROFESSION WHILE IMPAIRED BY ALCOHOL, DRUGS, PHYS-
ICAL DISABILITY, OR MENTAL DISABILITY;
8. BEING A HABITUAL ABUSER OF ALCOHOL, OR BEING DEPENDENT ON OR A
HABITUAL USER OF NARCOTICS, BARBITURATES, AMPHETAMINES, HALLUCINOGENS,
OR OTHER DRUGS HAVING SIMILAR EFFECTS, EXCEPT FOR A LICENSEE WHO IS
MAINTAINED ON AN APPROVED THERAPEUTIC REGIMEN WHICH DOES NOT IMPAIR THE
ABILITY TO PRACTICE, OR HAVING A PSYCHIATRIC CONDITION WHICH IMPAIRS THE
LICENSEE'S ABILITY TO PRACTICE;
9.(A) BEING CONVICTED OF COMMITTING AN ACT CONSTITUTING A CRIME UNDER:
(I) NEW YORK STATE LAW, OR
(II) FEDERAL LAW, OR
(III) THE LAW OF ANOTHER JURISDICTION AND WHICH, IF COMMITTED WITHIN
THIS STATE, WOULD HAVE CONSTITUTED A CRIME UNDER NEW YORK STATE LAW;
(B) HAVING BEEN FOUND GUILTY OF IMPROPER PROFESSIONAL PRACTICE OR
PROFESSIONAL MISCONDUCT BY A DULY AUTHORIZED PROFESSIONAL DISCIPLINARY
AGENCY OF ANOTHER STATE WHERE THE CONDUCT UPON WHICH THE FINDING WAS
BASED WOULD, IF COMMITTED IN NEW YORK STATE, CONSTITUTE PROFESSIONAL
MISCONDUCT UNDER THE LAWS OF NEW YORK STATE;
S. 9007--A 120 A. 10007--A
(C) HAVING BEEN FOUND GUILTY IN AN ADJUDICATORY PROCEEDING OF VIOLAT-
ING A STATE OR FEDERAL STATUTE OR REGULATION, PURSUANT TO A FINAL DECI-
SION OR DETERMINATION, AND WHEN NO APPEAL IS PENDING, OR AFTER RESOL-
UTION OF THE PROCEEDING BY STIPULATION OR AGREEMENT, AND WHEN THE
VIOLATION WOULD CONSTITUTE PROFESSIONAL MISCONDUCT PURSUANT TO THIS
SECTION;
(D) HAVING THEIR LICENSE TO PRACTICE MEDICINE REVOKED, SUSPENDED OR
HAVING OTHER DISCIPLINARY ACTION TAKEN, OR HAVING THEIR APPLICATION FOR
A LICENSE REFUSED, REVOKED OR SUSPENDED OR HAVING VOLUNTARILY OR OTHER-
WISE SURRENDERED THEIR LICENSE AFTER A DISCIPLINARY ACTION WAS INSTI-
TUTED BY A DULY AUTHORIZED PROFESSIONAL DISCIPLINARY AGENCY OF ANOTHER
STATE, WHERE THE CONDUCT RESULTING IN THE REVOCATION, SUSPENSION OR
OTHER DISCIPLINARY ACTION INVOLVING THE LICENSE OR REFUSAL, REVOCATION
OR SUSPENSION OF AN APPLICATION FOR A LICENSE OR THE SURRENDER OF THE
LICENSE WOULD, IF COMMITTED IN NEW YORK STATE, CONSTITUTE PROFESSIONAL
MISCONDUCT UNDER THE LAWS OF NEW YORK STATE;
(E) HAVING BEEN FOUND BY THE COMMISSIONER TO BE IN VIOLATION OF ARTI-
CLE THIRTY-THREE OF THIS CHAPTER;
10. REFUSING TO PROVIDE PROFESSIONAL SERVICE TO A PERSON BECAUSE OF
SUCH PERSON'S RACE, CREED, COLOR OR NATIONAL ORIGIN;
11. PERMITTING, AIDING OR ABETTING AN UNLICENSED PERSON TO PERFORM
ACTIVITIES REQUIRING A LICENSE;
12. PRACTICING THE PROFESSION WHILE THE LICENSE IS SUSPENDED OR INAC-
TIVE AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION TWO HUNDRED THIRTY OF
THIS TITLE, OR WILLFULLY FAILING TO REGISTER OR NOTIFY THE DEPARTMENT OF
ANY CHANGE OF NAME OR MAILING ADDRESS, OR, IF A PROFESSIONAL SERVICE
CORPORATION, WILLFULLY FAILING TO COMPLY WITH SECTIONS FIFTEEN HUNDRED
THREE AND FIFTEEN HUNDRED FOURTEEN OF THE BUSINESS CORPORATION LAW OR,
IF A UNIVERSITY FACULTY PRACTICE CORPORATION WILLFULLY FAILING TO COMPLY
WITH PARAGRAPHS (B), (C) AND (D) OF SECTION FIFTEEN HUNDRED THREE AND
SECTION FIFTEEN HUNDRED FOURTEEN OF THE BUSINESS CORPORATION LAW;
13. A WILLFUL VIOLATION BY A LICENSEE OF SUBDIVISION ELEVEN OF SECTION
TWO HUNDRED THIRTY OF THIS TITLE;
14. A VIOLATION OF SECTIONS TWENTY-EIGHT HUNDRED THREE-D, TWENTY-EIGHT
HUNDRED FIVE-K OF THIS CHAPTER OR SUBPARAGRAPH (II) OF PARAGRAPH (H) OF
SUBDIVISION TEN OF SECTION TWO HUNDRED THIRTY OF THIS TITLE;
15. FAILURE TO COMPLY WITH AN ORDER ISSUED PURSUANT TO SUBDIVISION
SEVEN, PARAGRAPH (A) OF SUBDIVISION TEN, OR SUBDIVISION SEVENTEEN OF
SECTION TWO HUNDRED THIRTY OF THIS TITLE;
16. A WILLFUL OR GROSSLY NEGLIGENT FAILURE TO COMPLY WITH SUBSTANTIAL
PROVISIONS OF FEDERAL, STATE, OR LOCAL LAWS, OR REGULATIONS GOVERNING
THE PRACTICE OF MEDICINE;
17. EXERCISING UNDUE INFLUENCE ON THE PATIENT, INCLUDING THE PROMOTION
OF THE SALE OF SERVICES, GOODS, APPLIANCES, OR DRUGS IN SUCH MANNER AS
TO EXPLOIT THE PATIENT FOR THE FINANCIAL GAIN OF THE LICENSEE OR OF A
THIRD PARTY;
18. DIRECTLY OR INDIRECTLY OFFERING, GIVING, SOLICITING, OR RECEIVING
OR AGREEING TO RECEIVE, ANY FEE OR OTHER CONSIDERATION TO OR FROM A
THIRD PARTY FOR THE REFERRAL OF A PATIENT OR IN CONNECTION WITH THE
PERFORMANCE OF PROFESSIONAL SERVICES;
19. PERMITTING ANY PERSON TO SHARE IN THE FEES FOR PROFESSIONAL
SERVICES, OTHER THAN: A PARTNER, EMPLOYEE, ASSOCIATE IN A PROFESSIONAL
FIRM OR CORPORATION, PROFESSIONAL SUBCONTRACTOR OR CONSULTANT AUTHORIZED
TO PRACTICE MEDICINE, OR A LEGALLY AUTHORIZED TRAINEE PRACTICING UNDER
THE SUPERVISION OF A LICENSEE. THIS PROHIBITION SHALL INCLUDE ANY
ARRANGEMENT OR AGREEMENT WHEREBY THE AMOUNT RECEIVED IN PAYMENT FOR
S. 9007--A 121 A. 10007--A
FURNISHING SPACE, FACILITIES, EQUIPMENT OR PERSONNEL SERVICES USED BY A
LICENSEE CONSTITUTES A PERCENTAGE OF, OR IS OTHERWISE DEPENDENT UPON,
THE INCOME OR RECEIPTS OF THE LICENSEE FROM SUCH PRACTICE, EXCEPT AS
OTHERWISE PROVIDED BY LAW WITH RESPECT TO A FACILITY LICENSED PURSUANT
TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR ARTICLE THIRTEEN OF THE
MENTAL HYGIENE LAW;
20. CONDUCT IN THE PRACTICE OF MEDICINE WHICH EVIDENCES MORAL UNFIT-
NESS TO PRACTICE MEDICINE;
21. WILLFULLY MAKING OR FILING A FALSE REPORT, OR FAILING TO FILE A
REPORT REQUIRED BY LAW OR BY THE DEPARTMENT OR THE EDUCATION DEPARTMENT,
OR WILLFULLY IMPEDING OR OBSTRUCTING SUCH FILING, OR INDUCING ANOTHER
PERSON TO DO SO;
22. FAILING TO MAKE AVAILABLE TO A PATIENT, UPON REQUEST, COPIES OF
DOCUMENTS IN THE POSSESSION OR UNDER THE CONTROL OF THE LICENSEE WHICH
HAVE BEEN PREPARED FOR AND PAID FOR BY THE PATIENT OR CLIENT;
23. REVEALING OF PERSONALLY IDENTIFIABLE FACTS, DATA, OR INFORMATION
OBTAINED IN A PROFESSIONAL CAPACITY WITHOUT THE PRIOR CONSENT OF THE
PATIENT, EXCEPT AS AUTHORIZED OR REQUIRED BY LAW;
24. PRACTICING OR OFFERING TO PRACTICE BEYOND THE SCOPE PERMITTED BY
LAW, OR ACCEPTING AND PERFORMING PROFESSIONAL RESPONSIBILITIES WHICH THE
LICENSEE KNOWS OR HAS REASON TO KNOW THAT THEY ARE NOT COMPETENT TO
PERFORM, OR PERFORMING WITHOUT ADEQUATE SUPERVISION PROFESSIONAL
SERVICES WHICH THE LICENSEE IS AUTHORIZED TO PERFORM ONLY UNDER THE
SUPERVISION OF A LICENSED PROFESSIONAL, EXCEPT IN AN EMERGENCY SITUATION
WHERE A PERSON'S LIFE OR HEALTH IS IN DANGER;
25. DELEGATING PROFESSIONAL RESPONSIBILITIES TO A PERSON WHEN THE
LICENSEE DELEGATING SUCH RESPONSIBILITIES KNOWS OR HAS REASON TO KNOW
THAT SUCH PERSON IS NOT QUALIFIED, BY TRAINING, BY EXPERIENCE, OR BY
LICENSURE, TO PERFORM THEM;
26. WITH RESPECT TO ANY NON-EMERGENCY TREATMENT, PROCEDURE OR SURGERY
WHICH IS EXPECTED TO INVOLVE LOCAL OR GENERAL ANESTHESIA, FAILING TO
DISCLOSE TO THE PATIENT THE IDENTITIES OF ALL PHYSICIANS, EXCEPT HEALTH-
CARE PROFESSIONALS IN CERTIFIED ANESTHESIOLOGY TRAINING PROGRAMS, PODIA-
TRISTS AND DENTISTS, REASONABLY ANTICIPATED TO BE ACTIVELY INVOLVED IN
SUCH TREATMENT, PROCEDURE OR SURGERY AND TO OBTAIN SUCH PATIENT'S
INFORMED CONSENT TO SAID PRACTITIONERS' PARTICIPATION;
27. PERFORMING PROFESSIONAL SERVICES WHICH HAVE NOT BEEN DULY AUTHOR-
IZED BY THE PATIENT OR THEIR LEGAL REPRESENTATIVE;
28. ADVERTISING OR SOLICITING FOR PATRONAGE THAT IS NOT IN THE PUBLIC
INTEREST;
(A) ADVERTISING OR SOLICITING NOT IN THE PUBLIC INTEREST SHALL
INCLUDE, BUT NOT BE LIMITED TO, ADVERTISING OR SOLICITING THAT:
(I) IS FALSE, FRAUDULENT, DECEPTIVE, MISLEADING, SENSATIONAL, OR FLAM-
BOYANT;
(II) REPRESENTS INTIMIDATION OR UNDUE PRESSURE;
(III) USES TESTIMONIALS;
(IV) GUARANTEES ANY SERVICE;
(V) MAKES ANY CLAIM RELATING TO PROFESSIONAL SERVICES OR PRODUCTS OR
THE COSTS OR PRICE THEREFOR WHICH CANNOT BE SUBSTANTIATED BY THE LICEN-
SEE, WHO SHALL HAVE THE BURDEN OF PROOF;
(VI) MAKES CLAIMS OF PROFESSIONAL SUPERIORITY WHICH CANNOT BE SUBSTAN-
TIATED BY THE LICENSEE, WHO SHALL HAVE THE BURDEN OF PROOF; OR
(VII) OFFERS BONUSES OR INDUCEMENTS IN ANY FORM OTHER THAN A DISCOUNT
OR REDUCTION IN AN ESTABLISHED FEE OR PRICE FOR A PROFESSIONAL SERVICE
OR PRODUCT.
S. 9007--A 122 A. 10007--A
(B) THE FOLLOWING SHALL BE DEEMED APPROPRIATE MEANS OF INFORMING THE
PUBLIC OF THE AVAILABILITY OF PROFESSIONAL SERVICES:
(I) INFORMATIONAL ADVERTISING NOT CONTRARY TO THE FOREGOING PROHIBI-
TIONS; AND
(II) THE ADVERTISING IN A NEWSPAPER, PERIODICAL OR PROFESSIONAL DIREC-
TORY OR ON RADIO OR TELEVISION OF FIXED PRICES, OR A STATED RANGE OF
PRICES, FOR SPECIFIED ROUTINE PROFESSIONAL SERVICES, PROVIDED THAT IF
THERE IS AN ADDITIONAL CHARGE FOR RELATED SERVICES WHICH ARE AN INTEGRAL
PART OF THE OVERALL SERVICES BEING PROVIDED BY THE LICENSEE, THE ADVER-
TISEMENT SHALL SO STATE, AND PROVIDED FURTHER THAT THE ADVERTISEMENT
INDICATES THE PERIOD OF TIME FOR WHICH THE ADVERTISED PRICES SHALL BE IN
EFFECT.
(C)(I) ALL LICENSEES PLACING ADVERTISEMENTS SHALL MAINTAIN, OR CAUSE
TO BE MAINTAINED, AN EXACT COPY OF EACH ADVERTISEMENT, TRANSCRIPT, TAPE
OR VIDEO TAPE THEREOF AS APPROPRIATE FOR THE MEDIUM USED, FOR A PERIOD
OF ONE YEAR AFTER ITS LAST APPEARANCE. THIS COPY SHALL BE MADE AVAILABLE
FOR INSPECTION UPON DEMAND OF THE DEPARTMENT;
(II) A LICENSEE SHALL NOT COMPENSATE OR GIVE ANYTHING OF VALUE TO
REPRESENTATIVES OF THE PRESS, RADIO, TELEVISION, OR OTHER COMMUNICATIONS
MEDIA IN ANTICIPATION OF OR IN RETURN FOR PROFESSIONAL PUBLICITY IN A
NEWS ITEM;
(D) NO DEMONSTRATIONS, DRAMATIZATIONS OR OTHER PORTRAYALS OF PROFES-
SIONAL PRACTICE SHALL BE PERMITTED IN ADVERTISING ON RADIO OR TELE-
VISION;
29. FAILING TO RESPOND WITHIN THIRTY DAYS TO WRITTEN COMMUNICATIONS
FROM THE DEPARTMENT AND TO MAKE AVAILABLE ANY RELEVANT RECORDS WITH
RESPECT TO AN INQUIRY OR COMPLAINT ABOUT THE LICENSEE'S PROFESSIONAL
MISCONDUCT. THE PERIOD OF THIRTY DAYS SHALL COMMENCE ON THE DATE WHEN
SUCH COMMUNICATION WAS DELIVERED PERSONALLY TO THE LICENSEE. IF THE
COMMUNICATION IS SENT FROM THE DEPARTMENT BY REGISTERED OR CERTIFIED
MAIL, WITH RETURN RECEIPT REQUESTED, TO THE ADDRESS APPEARING IN THE
LAST REGISTRATION, THE PERIOD OF THIRTY DAYS SHALL COMMENCE ON THE DATE
OF DELIVERY OF THE LICENSEE, AS INDICATED BY THE RETURN RECEIPT;
30. VIOLATING ANY TERM OF PROBATION OR CONDITION OR LIMITATION IMPOSED
ON THE LICENSEE PURSUANT TO SECTION TWO HUNDRED THIRTY OF THIS TITLE;
31. ABANDONING OR NEGLECTING A PATIENT UNDER AND IN NEED OF IMMEDIATE
PROFESSIONAL CARE, WITHOUT MAKING REASONABLE ARRANGEMENTS FOR THE
CONTINUATION OF SUCH CARE, OR ABANDONING A PROFESSIONAL EMPLOYMENT BY A
GROUP PRACTICE, HOSPITAL, CLINIC OR OTHER HEALTH CARE FACILITY, WITHOUT
REASONABLE NOTICE AND UNDER CIRCUMSTANCES WHICH SERIOUSLY IMPAIR THE
DELIVERY OF PROFESSIONAL CARE TO PATIENTS OR CLIENTS;
32. WILLFULLY HARASSING, ABUSING, OR INTIMIDATING A PATIENT EITHER
PHYSICALLY OR VERBALLY;
33. FAILING TO MAINTAIN A RECORD FOR EACH PATIENT WHICH ACCURATELY
REFLECTS THE EVALUATION AND TREATMENT OF THE PATIENT, PROVIDED, HOWEVER,
THAT A LICENSEE WHO TRANSFERS AN ORIGINAL MAMMOGRAM TO A MEDICAL INSTI-
TUTION, OR TO A PHYSICIAN OR HEALTH CARE PROVIDER OF THE PATIENT, OR TO
THE PATIENT DIRECTLY, AS OTHERWISE PROVIDED BY LAW, SHALL HAVE NO OBLI-
GATION UNDER THIS SECTION TO MAINTAIN THE ORIGINAL OR A COPY THEREOF.
UNLESS OTHERWISE PROVIDED BY LAW, ALL PATIENT RECORDS MUST BE RETAINED
FOR AT LEAST SIX YEARS. OBSTETRICAL RECORDS AND RECORDS OF MINOR
PATIENTS MUST BE RETAINED FOR AT LEAST SIX YEARS, AND UNTIL ONE YEAR
AFTER THE MINOR PATIENT REACHES THE AGE OF EIGHTEEN YEARS;
34. FAILING TO EXERCISE APPROPRIATE SUPERVISION OVER PERSONS WHO ARE
AUTHORIZED TO PRACTICE ONLY UNDER THE SUPERVISION OF THE LICENSEE;
S. 9007--A 123 A. 10007--A
35. GUARANTEEING THAT SATISFACTION OR A CURE WILL RESULT FROM THE
PERFORMANCE OF PROFESSIONAL SERVICES;
36. ORDERING OF EXCESSIVE TESTS, TREATMENT, OR USE OF TREATMENT FACIL-
ITIES NOT WARRANTED BY THE CONDITION OF THE PATIENT;
37. CLAIMING OR USING ANY SECRET OR SPECIAL METHOD OF TREATMENT WHICH
THE LICENSEE REFUSED TO DIVULGE TO THE DEPARTMENT;
38. FAILING TO WEAR AN IDENTIFYING BADGE, WHICH SHALL BE CONSPICUOUSLY
DISPLAYED AND LEGIBLE, INDICATING THE PRACTITIONER'S NAME AND PROFES-
SIONAL TITLE AUTHORIZED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW
WHILE PRACTICING AS AN EMPLOYEE OR OPERATOR OF A HOSPITAL, CLINIC, GROUP
PRACTICE OR MULTI-PROFESSIONAL FACILITY, OR AT A COMMERCIAL ESTABLISH-
MENT OFFERING HEALTH SERVICES TO THE PUBLIC;
39. ENTERING INTO AN ARRANGEMENT OR AGREEMENT WITH A PHARMACY FOR THE
COMPOUNDING AND/OR DISPENSING OF CODED OR SPECIALLY MARKED
PRESCRIPTIONS;
40. WITH RESPECT TO ALL PROFESSIONAL PRACTICES CONDUCTED UNDER AN
ASSUMED NAME, OTHER THAN FACILITIES LICENSED PURSUANT TO ARTICLE TWEN-
TY-EIGHT OF THIS CHAPTER OR ARTICLE THIRTEEN OF THE MENTAL HYGIENE LAW,
FAILING TO POST CONSPICUOUSLY AT THE SITE OF SUCH PRACTICE THE NAME AND
LICENSURE FIELD OF ALL OF THE PRINCIPAL PROFESSIONAL LICENSEES ENGAGED
IN THE PRACTICE AT THAT SITE, INCLUDING BUT NOT LIMITED TO, PRINCIPAL
PARTNERS, OFFICERS OR PRINCIPAL SHAREHOLDERS;
41. FAILING TO PROVIDE ACCESS BY QUALIFIED PERSONS TO PATIENT INFORMA-
TION IN ACCORDANCE WITH THE STANDARDS SET FORTH IN SECTION EIGHTEEN OF
THIS CHAPTER;
42. KNOWINGLY OR WILLFULLY PERFORMING A COMPLETE OR PARTIAL AUTOPSY ON
A DECEASED PERSON WITHOUT LAWFUL AUTHORITY;
43. FAILING TO COMPLY WITH A SIGNED AGREEMENT TO PRACTICE MEDICINE IN
NEW YORK STATE IN AN AREA DESIGNATED BY THE COMMISSIONER OR THE COMMIS-
SIONER OF EDUCATION AS HAVING A SHORTAGE OF PHYSICIANS OR REFUSING TO
REPAY MEDICAL EDUCATION COSTS IN LIEU OF SUCH REQUIRED SERVICE, OR FAIL-
ING TO COMPLY WITH ANY PROVISION OF A WRITTEN AGREEMENT WITH THE STATE
OR ANY MUNICIPALITY WITHIN WHICH THE LICENSEE HAS AGREED TO PROVIDE
MEDICAL SERVICE, OR REFUSING TO REPAY FUNDS IN LIEU OF SUCH SERVICE AS
CONSIDERATION OF AWARDS MADE BY THE STATE OR ANY MUNICIPALITY THEREOF
FOR THEIR PROFESSIONAL EDUCATION IN MEDICINE, OR FAILING TO COMPLY WITH
ANY AGREEMENT ENTERED INTO TO AID THEIR MEDICAL EDUCATION;
44. FAILING TO COMPLETE FORMS OR REPORTS REQUIRED FOR THE REIMBURSE-
MENT OF A PATIENT BY A THIRD PARTY. REASONABLE FEES MAY BE CHARGED FOR
SUCH FORMS OR REPORTS, BUT PRIOR PAYMENT FOR THE PROFESSIONAL SERVICES
TO WHICH SUCH FORMS OR REPORTS RELATE MAY NOT BE REQUIRED AS A CONDITION
FOR MAKING SUCH FORMS OR REPORTS AVAILABLE;
45. IN THE PRACTICE OF PSYCHIATRY,
(A) ANY PHYSICAL CONTACT OF A SEXUAL NATURE BETWEEN LICENSEE AND
PATIENT EXCEPT THE USE OF FILMS AND/OR OTHER AUDIOVISUAL AIDS WITH INDI-
VIDUALS OR GROUPS IN THE DEVELOPMENT OF APPROPRIATE RESPONSES TO OVER-
COME SEXUAL DYSFUNCTION;
(B) IN THERAPY GROUPS, ACTIVITIES WHICH PROMOTE EXPLICIT PHYSICAL
SEXUAL CONTACT BETWEEN GROUP MEMBERS DURING SESSIONS;
46. IN THE PRACTICE OF OPHTHALMOLOGY, FAILING TO PROVIDE A PATIENT,
UPON REQUEST, WITH THE PATIENT'S PRESCRIPTION INCLUDING THE NAME,
ADDRESS, AND SIGNATURE OF THE PRESCRIBER AND THE DATE OF THE
PRESCRIPTION;
47. A VIOLATION OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER BY
A PROFESSIONAL;
S. 9007--A 124 A. 10007--A
48. FAILURE TO USE SCIENTIFICALLY ACCEPTED BARRIER PRECAUTIONS AND
INFECTION CONTROL PRACTICES ESTABLISHED BY THE DEPARTMENT PURSUANT TO
SECTION TWO HUNDRED THIRTY-NINE-A OF THIS ARTICLE;
49. A VIOLATION OF SECTION TWO HUNDRED THIRTY-D OF THIS TITLE OR THE
REGULATIONS OF THE COMMISSIONER ENACTED THEREUNDER;
50. EXCEPT FOR GOOD CAUSE SHOWN, FAILING TO PROVIDE WITHIN ONE DAY ANY
RELEVANT RECORDS OR OTHER INFORMATION REQUESTED BY THE STATE OR LOCAL
DEPARTMENT OF HEALTH WITH RESPECT TO AN INQUIRY INTO A REPORT OF A
COMMUNICABLE DISEASE AS DEFINED IN THE STATE SANITARY CODE, OR HIV/AIDS;
AND
51. PERFORMING A PELVIC EXAMINATION OR SUPERVISING THE PERFORMANCE OF
A PELVIC EXAMINATION IN VIOLATION OF SUBDIVISION SEVEN OF SECTION TWEN-
TY-FIVE HUNDRED FOUR OF THIS CHAPTER.
§ 230-F. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT, LIMITED
APPLICATION. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS TITLE OR
ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, THE LICENSE OR REGISTRATION
OF A PERSON SUBJECT TO THE PROVISIONS OF THIS TITLE MAY BE REVOKED,
SUSPENDED, OR ANNULLED OR SUCH PERSON MAY BE SUBJECT TO ANY OTHER PENAL-
TY PROVIDED IN THIS TITLE IN ACCORDANCE WITH THE PROVISIONS AND PROCE-
DURES OF THIS TITLE FOR THE FOLLOWING:
THAT ANY PERSON SUBJECT TO THIS TITLE HAS DIRECTLY OR INDIRECTLY
REQUESTED, RECEIVED OR PARTICIPATED IN THE DIVISION, TRANSFERENCE,
ASSIGNMENT, REBATE, SPLITTING, OR REFUNDING OF A FEE FOR, OR HAS DIRECT-
LY REQUESTED, RECEIVED OR PROFITED BY MEANS OF A CREDIT OR OTHER VALU-
ABLE CONSIDERATION AS A COMMISSION, DISCOUNT OR GRATUITY, IN CONNECTION
WITH THE FURNISHING OF PROFESSIONAL CARE OR SERVICE, INCLUDING X-RAY
EXAMINATION AND TREATMENT, OR FOR OR IN CONNECTION WITH THE SALE,
RENTAL, SUPPLYING, OR FURNISHING OF CLINICAL LABORATORY SERVICES OR
SUPPLIES, X-RAY LABORATORY SERVICES OR SUPPLIES, INHALATION THERAPY
SERVICE OR EQUIPMENT, AMBULANCE SERVICE, HOSPITAL OR MEDICAL SUPPLIES,
PHYSIOTHERAPY OR OTHER THERAPEUTIC SERVICE OR EQUIPMENT, ARTIFICIAL
LIMBS, TEETH OR EYES, ORTHOPEDIC OR SURGICAL APPLIANCES OR SUPPLIES,
OPTICAL APPLIANCES, SUPPLIES, OR EQUIPMENT, DEVICES FOR AID OF HEARING,
DRUGS, MEDICATION, OR MEDICAL SUPPLIES, OR ANY OTHER GOODS, SERVICES, OR
SUPPLIES PRESCRIBED FOR MEDICAL DIAGNOSIS, CARE, OR TREATMENT UNDER THIS
CHAPTER EXCEPT PAYMENT, NOT TO EXCEED THIRTY-THREE AND ONE-THIRD PERCENT
OF ANY FEE RECEIVED FOR X-RAY EXAMINATION, DIAGNOSIS, OR TREATMENT, TO
ANY HOSPITAL FURNISHING FACILITIES FOR SUCH EXAMINATION, DIAGNOSIS, OR
TREATMENT. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT SUCH
PERSONS FROM PRACTICING AS PARTNERS, IN GROUPS OR AS A PROFESSIONAL
CORPORATION OR AS A UNIVERSITY FACULTY PRACTICE CORPORATION, NOR FROM
POOLING FEES AND MONEYS RECEIVED, EITHER BY THE PARTNERSHIPS, PROFES-
SIONAL CORPORATIONS, OR UNIVERSITY FACULTY PRACTICE CORPORATIONS OR
GROUPS BY THE INDIVIDUAL MEMBERS THEREOF, FOR PROFESSIONAL SERVICES
FURNISHED BY AN INDIVIDUAL PROFESSIONAL MEMBER, OR EMPLOYEE OF SUCH
PARTNERSHIP, CORPORATION, OR GROUP, NOR SHALL THE PROFESSIONALS CONSTI-
TUTING THE PARTNERSHIPS, CORPORATIONS OR GROUPS BE PROHIBITED FROM SHAR-
ING, DIVIDING, OR APPORTIONING THE FEES AND MONEYS RECEIVED BY THEM OR
BY THE PARTNERSHIP, CORPORATION, OR GROUP IN ACCORDANCE WITH A PARTNER-
SHIP OR OTHER AGREEMENT; PROVIDED THAT NO SUCH PRACTICE AS PARTNERS,
CORPORATIONS, OR GROUPS, OR POOLING OF FEES OR MONEYS RECEIVED OR
SHARED, DIVISION OR APPORTIONMENT OF FEES SHALL BE PERMITTED WITH
RESPECT TO AND TREATMENT UNDER THE WORKERS' COMPENSATION LAW. NOTHING
CONTAINED IN THIS CHAPTER SHALL PROHIBIT A CORPORATION LICENSED PURSUANT
TO ARTICLE FORTY-THREE OF THE INSURANCE LAW PURSUANT TO ITS CONTRACT
WITH THE SUBSCRIBED FROM PRORATIONING A MEDICAL OR DENTAL EXPENSES
S. 9007--A 125 A. 10007--A
INDEMNITY ALLOWANCE AMONG TWO OR MORE PROFESSIONALS IN PROPORTION TO THE
SERVICES RENDERED BY EACH SUCH PROFESSIONAL AT THE REQUEST OF THE
SUBSCRIBER, PROVIDED THAT PRIOR TO PAYMENT THEREOF SUCH PROFESSIONALS
SHALL SUBMIT BOTH TO THE CORPORATION LICENSED PURSUANT TO ARTICLE
FORTY-THREE OF THE INSURANCE LAW AND TO THE SUBSCRIBER STATEMENTS ITEM-
IZING THE SERVICES RENDERED BY EACH SUCH PROFESSIONAL AND THE CHARGES
THEREFOR.
§ 230-G. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT, MENTAL
HEALTH PROFESSIONALS. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
(A) "MENTAL HEALTH PROFESSIONAL" MEANS A PERSON SUBJECT TO THE
PROVISIONS OF ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW.
(B) "SEXUAL ORIENTATION CHANGE EFFORTS"
(I) MEANS ANY PRACTICE BY A MENTAL HEALTH PROFESSIONAL THAT SEEKS TO
CHANGE AN INDIVIDUAL'S SEXUAL ORIENTATION, INCLUDING, BUT NOT LIMITED
TO, EFFORTS TO CHANGE BEHAVIORS, GENDER IDENTITY, OR GENDER EXPRESSIONS,
OR TO ELIMINATE OR REDUCE SEXUAL OR ROMANTIC ATTRACTIONS OR FEELINGS
TOWARDS INDIVIDUALS OF THE SAME SEX; AND
(II) SHALL NOT INCLUDE COUNSELING FOR A PERSON SEEKING TO TRANSITION
FROM ONE GENDER TO ANOTHER, OR PSYCHOTHERAPIES THAT:
(A) PROVIDE ACCEPTANCE, SUPPORT AND UNDERSTANDING OF PATIENTS OR THE
FACILITATION OF PATIENTS' COPING, SOCIAL SUPPORT, AND IDENTITY EXPLORA-
TION AND DEVELOPMENT, INCLUDING SEXUAL ORIENTATION-NEUTRAL INTERVENTIONS
TO PREVENT OR ADDRESS UNLAWFUL CONDUCT OR UNSAFE SEXUAL PRACTICES; AND
(B) DO NOT SEEK TO CHANGE SEXUAL ORIENTATION.
2. IT SHALL BE PROFESSIONAL MISCONDUCT FOR A MENTAL HEALTH PROFES-
SIONAL TO ENGAGE IN SEXUAL ORIENTATION CHANGE EFFORTS UPON ANY PATIENT
UNDER THE AGE OF EIGHTEEN YEARS, AND ANY MENTAL HEALTH PROFESSIONAL
FOUND GUILTY OF SUCH MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN THIS
TITLE SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN THIS TITLE.
§ 230-H. EXCEPTIONS; REPRODUCTIVE HEALTH SERVICES. 1. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "REPRODUCTIVE HEALTH CARE" SHALL MEAN AND INCLUDE ALL SERVICES,
CARE, OR PRODUCTS OF A MEDICAL, SURGICAL, PSYCHIATRIC, THERAPEUTIC,
DIAGNOSTIC, MENTAL HEALTH, BEHAVIORAL HEALTH, PREVENTATIVE, REHABILITA-
TIVE, SUPPORTIVE, CONSULTATIVE, REFERRAL, PRESCRIBING, OR DISPENSING
NATURE RELATING TO THE HUMAN REPRODUCTIVE SYSTEM PROVIDED IN ACCORDANCE
WITH THE CONSTITUTION AND THE LAWS OF THIS STATE, WHETHER PROVIDED IN
PERSON OR BY MEANS OF TELEHEALTH OR TELEHEALTH SERVICES, WHICH INCLUDES,
BUT IS NOT LIMITED TO, ALL SERVICES, CARE, AND PRODUCTS RELATING TO
PREGNANCY, ASSISTED REPRODUCTION, CONTRACEPTION, MISCARRIAGE MANAGEMENT
OR ABORTION, INCLUDING BUT NOT LIMITED TO CARE AN INDIVIDUAL PROVIDES TO
THEMSELF.
(B) "HEALTH CARE PRACTITIONER" MEANS A PERSON WHO IS LICENSED, CERTI-
FIED, OR AUTHORIZED UNDER TITLE EIGHT OF THE EDUCATION LAW AND ACTING
WITHIN THEIR LAWFUL SCOPE OF PRACTICE.
(C) "GENDER-AFFIRMING CARE" MEANS ANY TYPE OF CARE PROVIDED TO AN
INDIVIDUAL TO AFFIRM THEIR GENDER IDENTITY OR GENDER EXPRESSION, INCLUD-
ING BUT NOT LIMITED TO CARE AN INDIVIDUAL PROVIDES TO THEMSELF; PROVIDED
THAT SURGICAL INTERVENTIONS ON MINORS WITH VARIATIONS IN THEIR SEX CHAR-
ACTERISTICS THAT ARE NOT SOUGHT AND INITIATED BY THE INDIVIDUAL PATIENT
ARE NOT GENDER-AFFIRMING CARE.
2. ANY LEGALLY PROTECTED HEALTH ACTIVITY AS DEFINED BY SECTION 570.17
OF THE CRIMINAL PROCEDURE LAW, BY A HEALTH CARE PRACTITIONER ACTING
WITHIN THEIR SCOPE OF PRACTICE, SHALL NOT, BY ITSELF, CONSTITUTE PROFES-
SIONAL MISCONDUCT UNDER THIS TITLE OR ANY OTHER LAW, RULE OR REGULATION
GOVERNING THE LICENSURE, CERTIFICATION OR AUTHORIZATION OF SUCH PRACTI-
S. 9007--A 126 A. 10007--A
TIONER, NOR SHALL ANY LICENSE, CERTIFICATION OR AUTHORIZATION OF A
HEALTH CARE PRACTITIONER BE REVOKED, SUSPENDED, OR ANNULLED OR OTHERWISE
SUBJECT TO ANY OTHER PENALTY OR DISCIPLINE PROVIDED IN THIS TITLE SOLELY
ON THE BASIS THAT SUCH HEALTH CARE PRACTITIONER ENGAGED IN LEGALLY
PROTECTED HEALTH ACTIVITY, AS DEFINED BY SECTION 570.17 OF THE CRIMINAL
PROCEDURE LAW.
3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EXPAND THE SCOPE OF
PRACTICE OF ANY INDIVIDUAL LICENSED, CERTIFIED OR AUTHORIZED UNDER THIS
CHAPTER OR TITLE EIGHT OF THE EDUCATION LAW, NOR DOES THIS SECTION GIVE
ANY SUCH INDIVIDUAL THE AUTHORITY TO ACT OUTSIDE THEIR SCOPE OF PRAC-
TICE, AS DEFINED IN THIS CHAPTER.
§ 230-I. ENFORCEMENT, ADMINISTRATION AND INTERPRETATION OF THIS TITLE.
THE BOARD OF PROFESSIONAL MEDICAL CONDUCT AND THE DEPARTMENT SHALL
ENFORCE, ADMINISTER AND INTERPRET THIS TITLE.
§ 4. Section 6527 of the education law is REPEALED.
§ 5. The public health law is amended by adding a new article 37-B to
read as follows:
ARTICLE 37-B
PHYSICIANS
SECTION 3750. COMMISSIONER; POWERS AND DUTIES.
3751. SPECIAL PROVISIONS.
§ 3750. COMMISSIONER; POWERS AND DUTIES. THE COMMISSIONER SHALL HAVE
THE FOLLOWING POWERS AND DUTIES:
1. TO PROMULGATE REGULATIONS WHEN, IN THE DISCRETION OF THE COMMIS-
SIONER, THERE IS A NEED FOR UNIFORM STANDARDS OR PROCEDURES TO ADDRESS
HEALTH CARE SAFETY, QUALITY, ACCESS, OR OTHER CONSIDERATIONS DEEMED
APPROPRIATE BY THE COMMISSIONER;
2. TO PROMULGATE REGULATIONS AND TAKE OTHER ACTIONS REASONABLY NECES-
SARY TO EFFECTUATE ITS ROLE AS THE LICENSING AUTHORITY FOR PROFESSIONAL
BUSINESS ENTITIES ENGAGED IN THE PROFESSION OF MEDICINE PURSUANT TO
ARTICLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLES TWELVE AND
THIRTEEN OF THE LIMITED LIABILITY COMPANY LAW, AND THE PARTNERSHIP LAW;
3. TO DETERMINE THE DESIRABILITY OF AND TO ESTABLISH RULES FOR REQUIR-
ING CONTINUING EDUCATION OF LICENSED PHYSICIANS; AND
4. TO ADOPT SUCH OTHER RULES AND REGULATIONS AS MAY BE NECESSARY OR
APPROPRIATE TO CARRY OUT THE PURPOSES OF THIS ARTICLE.
§ 3751. SPECIAL PROVISIONS. 1. A NOT-FOR-PROFIT MEDICAL OR DENTAL
EXPENSE INDEMNITY CORPORATION OR A HOSPITAL SERVICE CORPORATION ORGAN-
IZED UNDER THE INSURANCE LAW MAY EMPLOY LICENSED PHYSICIANS AND ENTER
INTO CONTRACTS WITH PARTNERSHIPS OR MEDICAL CORPORATIONS ORGANIZED UNDER
ARTICLE FORTY-FOUR OF THIS CHAPTER, HEALTH MAINTENANCE ORGANIZATIONS
POSSESSING A CERTIFICATE OF AUTHORITY PURSUANT TO ARTICLE FORTY-FOUR OF
THIS CHAPTER, PROFESSIONAL CORPORATIONS ORGANIZED UNDER ARTICLE FIFTEEN
OF THE BUSINESS CORPORATION LAW OR OTHER GROUPS OF PHYSICIANS TO PRAC-
TICE MEDICINE ON ITS BEHALF FOR PERSONS INSURED UNDER ITS CONTRACTS OR
POLICIES;
2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
OR LOCAL LAW, ANY LICENSED PHYSICIAN WHO VOLUNTARILY AND WITHOUT THE
EXPECTATION OF MONETARY COMPENSATION RENDERS FIRST AID OR EMERGENCY
TREATMENT AT THE SCENE OF AN ACCIDENT OR OTHER EMERGENCY, OUTSIDE A
HOSPITAL, DOCTOR'S OFFICE OR ANY OTHER PLACE HAVING PROPER AND NECESSARY
MEDICAL EQUIPMENT, TO A PERSON WHO IS UNCONSCIOUS, ILL OR INJURED, SHALL
NOT BE LIABLE FOR DAMAGES FOR INJURIES ALLEGED TO HAVE BEEN SUSTAINED BY
SUCH PERSON OR FOR DAMAGES FOR THE DEATH OF SUCH PERSON ALLEGED TO HAVE
OCCURRED BY REASON OF AN ACT OR OMISSION IN THE RENDERING OF SUCH FIRST
AID OR EMERGENCY TREATMENT UNLESS IT IS ESTABLISHED THAT SUCH INJURIES
S. 9007--A 127 A. 10007--A
WERE OR SUCH DEATH WAS CAUSED BY GROSS NEGLIGENCE ON THE PART OF SUCH
PHYSICIAN. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED OR CONSTRUED TO
RELIEVE A LICENSED PHYSICIAN FROM LIABILITY FOR DAMAGES FOR INJURIES OR
DEATH CAUSED BY AN ACT OR OMISSION ON THE PART OF A PHYSICIAN WHILE
RENDERING PROFESSIONAL SERVICES IN THE NORMAL AND ORDINARY COURSE OF
THEIR PRACTICE;
3. NO INDIVIDUAL WHO SERVES AS A MEMBER OF (A) A COMMITTEE ESTABLISHED
TO ADMINISTER A UTILIZATION REVIEW PLAN OF A HOSPITAL, INCLUDING A
HOSPITAL AS DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR A HOSPI-
TAL AS DEFINED IN SUBDIVISION TEN OF SECTION 1.03 OF THE MENTAL HYGIENE
LAW, OR (B) A COMMITTEE HAVING THE RESPONSIBILITY OF THE INVESTIGATION
OF AN INCIDENT REPORTED PURSUANT TO SECTION 29.29 OF THE MENTAL HYGIENE
LAW OR THE EVALUATION AND IMPROVEMENT OF THE QUALITY OF CARE RENDERED IN
A HOSPITAL AS DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR A
HOSPITAL AS DEFINED IN SUBDIVISION TEN OF SECTION 1.03 OF THE MENTAL
HYGIENE LAW, OR (C) ANY MEDICAL REVIEW COMMITTEE OR SUBCOMMITTEE THEREOF
OF A LOCAL, COUNTY OR STATE MEDICAL, DENTAL, PODIATRY OR OPTOMETRICAL
SOCIETY, ANY SUCH SOCIETY ITSELF, A PROFESSIONAL STANDARDS REVIEW ORGAN-
IZATION OR AN INDIVIDUAL WHEN SUCH COMMITTEE, SUBCOMMITTEE, SOCIETY,
ORGANIZATION OR INDIVIDUAL IS PERFORMING ANY MEDICAL OR QUALITY ASSUR-
ANCE REVIEW FUNCTION INCLUDING THE INVESTIGATION OF AN INCIDENT REPORTED
PURSUANT TO SECTION 29.29 OF THE MENTAL HYGIENE LAW, EITHER DESCRIBED IN
PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, REQUIRED BY LAW, OR INVOLV-
ING ANY CONTROVERSY OR DISPUTE BETWEEN (I) A PHYSICIAN, DENTIST, PODIA-
TRIST OR OPTOMETRIST OR HOSPITAL ADMINISTRATOR AND A PATIENT CONCERNING
THE DIAGNOSIS, TREATMENT OR CARE OF SUCH PATIENT OR THE FEES OR CHARGES
THEREFOR, OR (II) A PHYSICIAN, DENTIST, PODIATRIST OR OPTOMETRIST OR
HOSPITAL ADMINISTRATOR AND A PROVIDER OF MEDICAL, DENTAL, PODIATRIC OR
OPTOMETRICAL SERVICES CONCERNING ANY MEDICAL OR HEALTH CHARGES OR FEES
OF SUCH PHYSICIAN, DENTIST, PODIATRIST OR OPTOMETRIST, OR (D) A COMMIT-
TEE APPOINTED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED FIVE-J OF THIS
CHAPTER TO PARTICIPATE IN THE MEDICAL AND DENTAL MALPRACTICE PREVENTION
PROGRAM, OR (E) ANY INDIVIDUAL WHO PARTICIPATED IN THE PREPARATION OF
INCIDENT REPORTS REQUIRED BY THE DEPARTMENT PURSUANT TO SECTION TWENTY-
EIGHT HUNDRED FIVE-L OF THIS CHAPTER, OR (F) A COMMITTEE ESTABLISHED TO
ADMINISTER A UTILIZATION REVIEW PLAN, OR A COMMITTEE HAVING THE RESPON-
SIBILITY OF EVALUATION AND IMPROVEMENT OF THE QUALITY OF CARE RENDERED,
IN A HEALTH MAINTENANCE ORGANIZATION ORGANIZED UNDER ARTICLE FORTY-FOUR
OF THIS CHAPTER OR ARTICLE FORTY-THREE OF THE INSURANCE LAW, INCLUDING A
COMMITTEE OF AN INDIVIDUAL PRACTICE ASSOCIATION OR MEDICAL GROUP ACTING
PURSUANT TO A CONTRACT WITH SUCH A HEALTH MAINTENANCE ORGANIZATION,
SHALL BE LIABLE IN DAMAGES TO ANY PERSON FOR ANY ACTION TAKEN OR RECOM-
MENDATIONS MADE BY THEM WITHIN THE SCOPE OF THEIR FUNCTION IN SUCH
CAPACITY PROVIDED THAT (I) SUCH INDIVIDUAL HAS TAKEN ACTION OR MADE
RECOMMENDATIONS WITHIN THE SCOPE OF THEIR FUNCTION AND WITHOUT MALICE,
AND (II) IN THE REASONABLE BELIEF AFTER REASONABLE INVESTIGATION THAT
THE ACT OR RECOMMENDATION WAS WARRANTED, BASED UPON THE FACTS DISCLOSED;
NEITHER THE PROCEEDINGS NOR THE RECORDS RELATING TO PERFORMANCE OF A
MEDICAL OR A QUALITY ASSURANCE REVIEW FUNCTION OR PARTICIPATION IN A
MEDICAL AND DENTAL MALPRACTICE PREVENTION PROGRAM NOR ANY REPORT
REQUIRED BY THE DEPARTMENT PURSUANT TO SECTION TWENTY-EIGHT HUNDRED
FIVE-L OF THIS CHAPTER DESCRIBED HEREIN, INCLUDING THE INVESTIGATION OF
AN INCIDENT REPORTED PURSUANT TO SECTION 29.29 OF THE MENTAL HYGIENE
LAW, SHALL BE SUBJECT TO DISCLOSURE UNDER ARTICLE THIRTY-ONE OF THE
CIVIL PRACTICE LAW AND RULES EXCEPT AS HEREINAFTER PROVIDED OR AS
PROVIDED BY ANY OTHER PROVISION OF LAW. NO PERSON IN ATTENDANCE AT A
S. 9007--A 128 A. 10007--A
MEETING WHEN A MEDICAL OR A QUALITY ASSURANCE REVIEW OR A MEDICAL AND
DENTAL MALPRACTICE PREVENTION PROGRAM OR AN INCIDENT REPORTING FUNCTION
DESCRIBED HEREIN WAS PERFORMED, INCLUDING THE INVESTIGATION OF AN INCI-
DENT REPORTED PURSUANT TO SECTION 29.29 OF THE MENTAL HYGIENE LAW, SHALL
BE REQUIRED TO TESTIFY AS TO WHAT TRANSPIRED THEREAT. THE PROHIBITION
RELATING TO DISCOVERY OF TESTIMONY SHALL NOT APPLY TO THE STATEMENTS
MADE BY ANY PERSON IN ATTENDANCE AT SUCH A MEETING WHO IS A PARTY TO AN
ACTION OR PROCEEDING THE SUBJECT MATTER OF WHICH WAS REVIEWED AT SUCH
MEETING;
4. THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT OR PREVENT THE
FOLLOWING:
(A) THE FURNISHING OF MEDICAL ASSISTANCE IN AN EMERGENCY;
(B) THE PRACTICE OF THE RELIGIOUS TENETS OF ANY CHURCH;
(C) A PHYSICIAN FROM REFUSING TO PERFORM AN ACT CONSTITUTING THE PRAC-
TICE OF MEDICINE TO WHICH SUCH PHYSICIAN IS CONSCIENTIOUSLY OPPOSED BY
REASON OF RELIGIOUS TRAINING AND BELIEF;
(D) THE ORGANIZATION OF A MEDICAL CORPORATION UNDER ARTICLE FORTY-FOUR
OF THIS CHAPTER, THE ORGANIZATION OF A UNIVERSITY FACULTY PRACTICE
CORPORATION UNDER SECTION FOURTEEN HUNDRED TWELVE OF THE NOT-FOR-PROFIT
CORPORATION LAW OR THE ORGANIZATION OF A PROFESSIONAL SERVICE CORPO-
RATION UNDER ARTICLE FIFTEEN OF THE BUSINESS CORPORATION LAW;
(E) THE PHYSICIAN'S USE OF WHATEVER MEDICAL CARE, CONVENTIONAL OR
NON-CONVENTIONAL, WHICH EFFECTIVELY TREATS HUMAN DISEASE, PAIN, INJURY,
DEFORMITY OR PHYSICAL CONDITION;
5. THERE SHALL BE NO MONETARY LIABILITY ON THE PART OF, AND NO CAUSE
OF ACTION FOR DAMAGES SHALL ARISE AGAINST, ANY PERSON, PARTNERSHIP,
CORPORATION, FIRM, SOCIETY, OR OTHER ENTITY ON ACCOUNT OF THE COMMUNI-
CATION OF INFORMATION IN THE POSSESSION OF SUCH PERSON OR ENTITY, OR ON
ACCOUNT OF ANY RECOMMENDATION OR EVALUATION, REGARDING THE QUALIFICA-
TIONS, FITNESS, OR PROFESSIONAL CONDUCT OR PRACTICES OF A PHYSICIAN, TO
ANY GOVERNMENTAL AGENCY, MEDICAL OR SPECIALISTS SOCIETY, A HOSPITAL AS
DEFINED IN ARTICLE TWENTY-EIGHT OF THIS CHAPTER, A HOSPITAL AS DEFINED
IN SUBDIVISION TEN OF SECTION 1.03 OF THE MENTAL HYGIENE LAW, OR A
HEALTH MAINTENANCE ORGANIZATION ORGANIZED UNDER ARTICLE FORTY-FOUR OF
THIS CHAPTER OR ARTICLE FORTY-THREE OF THE INSURANCE LAW, INCLUDING A
COMMITTEE OF AN INDIVIDUAL PRACTICE ASSOCIATION OR MEDICAL GROUP PURSU-
ANT TO A CONTRACT WITH A HEALTH MAINTENANCE ORGANIZATION. THE FOREGOING
SHALL NOT APPLY TO INFORMATION WHICH IS UNTRUE AND COMMUNICATED WITH
MALICIOUS INTENT;
6. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIFIC
REGIMEN TO A REGISTERED PROFESSIONAL NURSE, PURSUANT TO REGULATIONS
PROMULGATED BY THE COMMISSIONER, AND CONSISTENT WITH THIS CHAPTER, FOR:
(A) ADMINISTERING IMMUNIZATIONS;
(B) THE EMERGENCY TREATMENT OF ANAPHYLAXIS;
(C) ADMINISTERING PURIFIED PROTEIN DERIVATIVE (PPD) TESTS OR OTHER
TESTS TO DETECT OR SCREEN FOR TUBERCULOSIS INFECTIONS;
(D) ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF THE HUMAN IMMUNO-
DEFICIENCY VIRUS;
(E) ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF THE HEPATITIS C
VIRUS;
(F) THE URGENT OR EMERGENCY TREATMENT OF OPIOID RELATED OVERDOSE OR
SUSPECTED OPIOID RELATED OVERDOSE;
(G) SCREENING OF PERSONS AT INCREASED RISK OF SYPHILIS, GONORRHEA AND
CHLAMYDIA;
(H) ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF COVID-19 OR ITS
ANTIBODIES OR INFLUENZA VIRUS;
S. 9007--A 129 A. 10007--A
(I) ADMINISTERING ELECTROCARDIOGRAM TESTS TO DETECT SIGNS AND SYMPTOMS
OF ACUTE CORONARY SYNDROME;
(J) ADMINISTERING POINT-OF-CARE BLOOD GLUCOSE TESTS TO EVALUATE ACUTE
MENTAL STATUS CHANGES IN PERSONS WITH SUSPECTED HYPOGLYCEMIA;
(K) ADMINISTERING TESTS AND INTRAVENOUS LINES TO PERSONS THAT MEET
SEVERE SEPSIS AND SEPTIC SHOCK CRITERIA; AND
(L) ADMINISTERING TESTS TO DETERMINE PREGNANCY;
7. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A PATIENT SPECIFIC
ORDER OR NON-PATIENT-SPECIFIC REGIMEN TO A LICENSED PHARMACIST, PURSUANT
TO REGULATIONS PROMULGATED BY THE COMMISSIONER, AND CONSISTENT WITH THIS
CHAPTER, FOR: (A) ADMINISTERING IMMUNIZATIONS TO PREVENT INFLUENZA TO
PATIENTS TWO YEARS OF AGE OR OLDER; AND (B) ADMINISTERING IMMUNIZATIONS
TO PREVENT PNEUMOCOCCAL, ACUTE HERPES ZOSTER, HEPATITIS A, HEPATITIS B,
HUMAN PAPILLOMAVIRUS, MEASLES, MUMPS, RUBELLA, VARICELLA, COVID-19,
MENINGOCOCCAL, TETANUS, DIPHTHERIA OR PERTUSSIS DISEASE AND MEDICATIONS
REQUIRED FOR EMERGENCY TREATMENT OF ANAPHYLAXIS TO PATIENTS EIGHTEEN
YEARS OF AGE OR OLDER; AND (C) ADMINISTERING OTHER IMMUNIZATIONS RECOM-
MENDED BY THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES OF THE
CENTERS FOR DISEASE CONTROL AND PREVENTION FOR PATIENTS EIGHTEEN YEARS
OF AGE OR OLDER IF THE COMMISSIONER, IN CONSULTATION WITH THE COMMIS-
SIONER OF EDUCATION, DETERMINES THAT AN IMMUNIZATION: (I)(A) MAY BE
SAFELY ADMINISTERED BY A LICENSED PHARMACIST WITHIN THEIR LAWFUL SCOPE
OF PRACTICE; AND (B) IS NEEDED TO PREVENT THE TRANSMISSION OF A REPORT-
ABLE COMMUNICABLE DISEASE THAT IS PREVALENT IN NEW YORK STATE; OR (II)
IS A RECOMMENDED IMMUNIZATION FOR SUCH PATIENTS WHO: (A) MEET AGE
REQUIREMENTS, (B) LACK DOCUMENTATION OF SUCH IMMUNIZATION, (C) LACK
EVIDENCE OF PAST INFECTION, OR (D) HAVE AN ADDITIONAL RISK FACTOR OR
ANOTHER INDICATION AS RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZA-
TION PRACTICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION. NOTH-
ING IN THIS SUBDIVISION SHALL AUTHORIZE UNLICENSED PERSONS TO ADMINISTER
IMMUNIZATIONS, VACCINES OR OTHER DRUGS;
8. 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 OF EDUCATION IN CONSULTA-
TION WITH THE COMMISSIONER, AND CONSISTENT WITH THIS CHAPTER AND SECTION
SIXTY-EIGHT HUNDRED ONE OF TITLE EIGHT OF THE EDUCATION 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;
9. NOTHING IN THIS ARTICLE OR ARTICLE ONE HUNDRED THIRTY OF THE EDUCA-
TION LAW SHALL PROHIBIT THE PROVISION OF PSYCHOTHERAPY AS DEFINED IN
SUBDIVISION TWO OF SECTION EIGHTY-FOUR HUNDRED ONE OF TITLE EIGHT OF THE
EDUCATION LAW TO THE EXTENT PERMISSIBLE WITHIN THE SCOPE OF PRACTICE OF
MEDICINE, BY ANY NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION
PROVIDING SERVICES WITHIN THE STATE OF NEW YORK AND OPERATING UNDER A
WAIVER PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF TITLE EIGHT OF
THE EDUCATION LAW, PROVIDED THAT SUCH ENTITIES OFFERING PSYCHOTHERAPY
SERVICES SHALL ONLY PROVIDE SUCH SERVICES THROUGH AN INDIVIDUAL APPRO-
PRIATELY LICENSED OR OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES OR A
PROFESSIONAL ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES;
10. (A) NOTHING IN THIS ARTICLE NOR ARTICLE ONE HUNDRED THIRTY-ONE OF
THE EDUCATION LAW SHALL BE CONSTRUED TO AFFECT OR PREVENT A PERSON IN
TRAINING OR TRAINED AND DEEMED QUALIFIED BY A SUPERVISING LICENSED
PHYSICIAN, TO ASSIST THE LICENSED PHYSICIAN IN THE CARE OF A PATIENT FOR
THE PURPOSE OF INSTILLING MYDRIATIC OR CYCLOPLEGIC EYE DROPS AND ANES-
THETIC EYE DROPS IN CONJUNCTION WITH SUCH DILATING DROPS TO THE SURFACE
S. 9007--A 130 A. 10007--A
OF THE EYE OF A PATIENT, PROVIDED THAT THE PERSON INSTILLING SUCH EYE
DROPS IS:
(I) UNDER THE ON-SITE SUPERVISION OF A SUPERVISING LICENSED PHYSICIAN;
(II) AT LEAST EIGHTEEN YEARS OF AGE; AND
(III) COMPLIES WITH STANDARDS ISSUED BY THE DEPARTMENT;
(B) THE SUPERVISING LICENSED PHYSICIAN SHALL SUBMIT A FORM PRESCRIBED
BY THE DEPARTMENT DETAILING THE IDENTITY OF EACH PERSON INSTILLING
MYDRIATIC OR CYCLOPLEGIC EYE DROPS AND ANESTHETIC EYE DROPS IN CONJUNC-
TION WITH SUCH DILATING DROPS TO THE SURFACE OF THE EYE OF A PATIENT,
UNDER THEIR SUPERVISION, ATTESTING TO COMPLIANCE WITH THE ABOVE REQUIRE-
MENTS; AND
(C) THE SUPERVISING LICENSED PHYSICIAN'S USE OF ANY SUCH PERSON PURSU-
ANT TO THE TERMS OF THIS SUBDIVISION SHALL BE UNDERTAKEN WITH PROFES-
SIONAL JUDGMENT IN ORDER TO ENSURE THE SAFETY AND WELL-BEING OF THE
PATIENT. SUCH USE SHALL SUBJECT THE LICENSED PHYSICIAN TO THE FULL
DISCIPLINARY AND REGULATORY AUTHORITY OF THE OFFICE OF PROFESSIONAL
MEDICAL CONDUCT. THE LICENSED PHYSICIAN MUST NOTIFY THE PATIENT OR THE
PATIENT'S DESIGNATED HEALTH CARE SURROGATE THAT THE LICENSED PHYSICIAN
MAY UTILIZE THE SERVICES OF AN INDIVIDUAL TO ADMINISTER CERTAIN EYE
DROPS AND MUST PROVIDE THE PATIENT OR THE PATIENT'S DESIGNATED HEALTH
CARE SURROGATE THE OPPORTUNITY TO REFUSE THE LICENSED PHYSICIAN'S PLAN
TO UTILIZE SUCH PERSON;
11. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIF-
IC REGIMEN TO A LICENSED PHARMACIST, FOR INSULIN AND RELATED SUPPLIES
PURSUANT TO SECTION SIXTY-EIGHT HUNDRED ONE OF TITLE EIGHT OF THE EDUCA-
TION LAW; AND
12. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIF-
IC ORDER TO A PHARMACIST LICENSED AND LOCATED IN THE STATE, PURSUANT TO
REGULATIONS PROMULGATED BY THE COMMISSIONER, AND CONSISTENT WITH SECTION
SIXTY-EIGHT HUNDRED ONE OF TITLE EIGHT OF THE EDUCATION LAW, FOR
DISPENSING SELF-ADMINISTERED HORMONAL CONTRACEPTIVES AS DEFINED IN
SECTION SIXTY-EIGHT HUNDRED TWO OF TITLE EIGHT OF THE EDUCATION LAW.
§ 6. Section 6542 of the education law is REPEALED.
§ 7. Section 6545 of the education law is REPEALED.
§ 8. 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 THIRTY-SEVEN
HUNDRED TWO OF THIS ARTICLE;
§ 9. Section 3702 of the public health law, as amended by chapter 48
of the laws of 2012, subdivision 1 as amended by chapter 520 of the laws
of 2024, is amended to read as follows:
§ 3702. Special provisions. 1. EMERGENCY TREATMENT. NOTWITHSTANDING
ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL OR LOCAL LAW, ANY
PHYSICIAN ASSISTANT PROPERLY LICENSED IN THIS STATE WHO VOLUNTARILY AND
WITHOUT THE EXPECTATION OF MONETARY COMPENSATION RENDERS FIRST AID OR
EMERGENCY TREATMENT AT THE SCENE OF AN ACCIDENT OR OTHER EMERGENCY,
OUTSIDE A HOSPITAL, DOCTOR'S OFFICE OR ANY OTHER PLACE HAVING PROPER AND
NECESSARY MEDICAL EQUIPMENT, TO A PERSON WHO IS UNCONSCIOUS, ILL OR
INJURED, SHALL NOT BE LIABLE FOR DAMAGES FOR INJURIES ALLEGED TO HAVE
BEEN SUSTAINED BY SUCH PERSON OR FOR DAMAGES FOR THE DEATH OF SUCH
PERSON ALLEGED TO HAVE OCCURRED BY REASON OF AN ACT OR OMISSION IN THE
RENDERING OF SUCH FIRST AID OR EMERGENCY TREATMENT UNLESS IT IS ESTAB-
S. 9007--A 131 A. 10007--A
LISHED THAT SUCH INJURIES WERE OR SUCH DEATH WAS CAUSED BY GROSS NEGLI-
GENCE ON THE PART OF SUCH PHYSICIAN ASSISTANT. NOTHING IN THIS SECTION
SHALL BE DEEMED OR CONSTRUED TO RELIEVE A LICENSED PHYSICIAN ASSISTANT
FROM LIABILITY FOR DAMAGES FOR INJURIES OR DEATH CAUSED BY AN ACT OR
OMISSION ON THE PART OF A PHYSICIAN ASSISTANT WHILE RENDERING PROFES-
SIONAL SERVICES IN THE NORMAL AND ORDINARY COURSE OF THEIR PRACTICE.
2. SUPERVISION. (A) A PHYSICIAN ASSISTANT MAY PERFORM MEDICAL SERVICES
ONLY WHEN UNDER THE SUPERVISION OF A PHYSICIAN AND ONLY WHEN SUCH ACTS
AND DUTIES AS ARE ASSIGNED TO SUCH PHYSICIAN ASSISTANT ARE WITHIN THE
SCOPE OF PRACTICE OF SUCH SUPERVISING PHYSICIAN.
(B) SUPERVISION 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.
(C) NO PHYSICIAN SHALL EMPLOY OR SUPERVISE MORE THAN SIX PHYSICIAN
ASSISTANTS IN SUCH PHYSICIAN'S PRIVATE PRACTICE AT ONE TIME.
(D) NOTHING IN THIS SUBDIVISION SHALL PROHIBIT A HOSPITAL FROM EMPLOY-
ING PHYSICIAN ASSISTANTS PROVIDED, THAT THEY WORK UNDER THE SUPERVISION
OF A PHYSICIAN DESIGNATED BY THE HOSPITAL AND NOT BEYOND THE SCOPE OF
PRACTICE OF SUCH PHYSICIAN. THE NUMERICAL LIMITATION OF PARAGRAPH (C)
OF THIS SUBDIVISION SHALL NOT APPLY TO SERVICES PERFORMED IN A HOSPITAL.
(E) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, 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 EIGHT PHYSICIAN ASSISTANTS IN SUCH PHYSICIAN'S
PRACTICE FOR THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION AT
ONE TIME.
3. 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.
4. A PHYSICIAN ASSISTANT MAY PRESCRIBE AND ORDER A NON-PATIENT SPECIF-
IC REGIMEN TO A REGISTERED PROFESSIONAL NURSE PURSUANT TO REGULATIONS
PROMULGATED BY THE COMMISSIONER FOR:
(A) ADMINISTERING IMMUNIZATIONS;
(B) THE EMERGENCY TREATMENT OF ANAPHYLAXIS;
(C) ADMINISTERING PURIFIED PROTEIN DERIVED (PPD) TESTS OR OTHER TESTS
TO DETECT OR SCREEN FOR TUBERCULOSIS INFECTIONS;
(D) ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF THE HUMAN IMMUNO-
DEFICIENCY VIRUS;
(E) ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF THE HEPATITIS C
VIRUS;
(F) THE URGENT OR EMERGENCY TREATMENT OF OPIOID RELATED OVERDOSE OR
SUSPECTED OPIOID RELATED OVERDOSE;
(G) SCREENING OF PERSONS AT INCREASED RISK OF SYPHILIS, GONORRHEA, AND
CHLAMYDIA;
(H) ADMINISTERING ELECTROCARDIOGRAM TESTS TO DETECT SIGNS AND SYMPTOMS
OF ACUTE CORONARY SYNDROME;
(I) ADMINISTERING POINT-OF-CARE BLOOD GLUCOSE TESTS TO EVALUATE ACUTE
MENTAL STATUS CHANGES IN PERSONS WITH SUSPECTED HYPOGLYCEMIA;
(J) ADMINISTERING TESTS AND INTRAVENOUS LINES TO PERSONS THAT MEET
SEVERE SEPSIS AND SEPTIC SHOCK CRITERIA;
(K) ADMINISTERING TESTS TO DETERMINE PREGNANCY; AND
(L) ADMINISTERING TESTS TO DETERMINE THE PRESENCE OF COVID-19 OR ITS
ANTIBODIES OR INFLUENZA VIRUS.
5. 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,
S. 9007--A 132 A. 10007--A
including those for controlled substances and durable medical equipment,
for inpatients under the care of the physician responsible for the
supervision of such physician assistant. Countersignature of such orders
may be required if deemed necessary and appropriate by the supervising
physician or the hospital, but in no event shall countersignature be
required prior to execution.
[2.] 6. Withdrawing blood. A licensed physician assistant or certified
nurse practitioner acting within [his or her] SUCH PHYSICIAN ASSISTANT'S
OR CERTIFIED NURSE PRACTITIONER'S lawful scope of practice may supervise
and direct the withdrawal of blood for the purpose of determining 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.] 7. Prescriptions for controlled substances. A licensed physician
assistant, in good faith and acting within [his or her] SUCH PHYSICIAN
ASSISTANT'S lawful scope of practice, and to the extent assigned by [his
or her] THE supervising physician, may prescribe controlled substances
as a practitioner under article thirty-three of this chapter[,] to
patients under the care of such physician responsible for [his or her]
SUCH PHYSICIAN ASSISTANT'S supervision. The commissioner, in consulta-
tion with the commissioner of education, may promulgate such regulations
as are necessary to carry out the purposes of this section.
8. NOTHING IN THIS ARTICLE, OR IN ARTICLE ONE HUNDRED THIRTY-ONE-B OF
THE EDUCATION 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 THIS
CHAPTER OR THE EDUCATION LAW.
9. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE AND UPDATE REGULATIONS
PURSUANT TO THIS SECTION.
§ 10. Section 6549 of the education law is REPEALED.
§ 11. The public health law is amended by adding a new section 3712 to
read as follows:
§ 3712. SUPERVISION. 1. A SPECIALIST 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 THEM ARE RELATED TO THE
DESIGNATED MEDICAL SPECIALTY FOR WHICH THEY ARE REGISTERED AND ARE WITH-
IN THE SCOPE OF PRACTICE OF THEIR SUPERVISING PHYSICIAN.
2. SUPERVISION 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 TWO SPECIALIST
ASSISTANTS IN THEIR PRIVATE PRACTICE.
4. NOTHING IN THIS ARTICLE SHALL PROHIBIT A HOSPITAL FROM EMPLOYING
SPECIALIST 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.
5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, NOTHING SHALL
PROHIBIT A PHYSICIAN EMPLOYED BY OR RENDERING SERVICES TO THE DEPARTMENT
OF CORRECTIONAL SERVICES UNDER CONTRACT FROM SUPERVISING NO MORE THAN
FOUR SPECIALIST ASSISTANTS IN THEIR 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.
S. 9007--A 133 A. 10007--A
7. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AUTHORIZE SPECIALIST
ASSISTANTS TO PERFORM THOSE SPECIFIC FUNCTIONS AND DUTIES SPECIFICALLY
DELEGATED BY LAW TO THOSE PERSONS LICENSED AS ALLIED HEALTH PROFES-
SIONALS UNDER THIS CHAPTER OR THE EDUCATION LAW.
§ 12. Paragraph (a) of section 1501 of the business corporation law,
as amended by chapter 9 of the laws of 2013, is amended to read as
follows:
(a) "licensing authority" means the DEPARTMENT OF HEALTH IN THE CASE
OF THE PROFESSION OF MEDICINE AND THE regents of the university of the
state of New York or the state education department, as the case may be,
in the case of all OTHER professions licensed under title eight of the
education law, and the appropriate appellate division of the supreme
court in the case of the profession of law.
§ 13. Paragraph (d) of section 1503 of the business corporation law,
as amended by chapter 550 of the laws of 2011, is amended to read as
follows:
(d) A professional service corporation, including a design profes-
sional service corporation, other than a corporation authorized to prac-
tice law, shall be under the supervision of the regents of the universi-
ty of the state of New York and be subject to disciplinary proceedings
and penalties, and its certificate of incorporation shall be subject to
suspension, revocation or annulment for cause, in the same manner and to
the same extent as is provided with respect to individuals and their
licenses, certificates, and registrations in title eight of the educa-
tion law relating to the applicable profession. Notwithstanding the
provisions of this paragraph, a professional service corporation author-
ized to practice medicine shall be [subject to the prehearing procedures
and hearing procedures as is provided with respect to individual physi-
cians and their licenses] UNDER THE SUPERVISION OF THE DEPARTMENT OF
HEALTH AND BE SUBJECT TO DISCIPLINARY PROCEEDINGS AND PENALTIES, AND ITS
CERTIFICATE OF INCORPORATION SHALL BE SUBJECT TO SUSPENSION, REVOCATION
OR ANNULMENT FOR CAUSE, IN THE SAME MANNER AND TO THE SAME EXTENT AS IS
PROVIDED WITH RESPECT TO INDIVIDUALS AND THEIR LICENSES, CERTIFICATES,
AND REGISTRATIONS in title II-A of article two of the public health law.
§ 14. Section 1515 of the business corporation law, as added by chap-
ter 974 of the laws of 1970, is amended to read as follows:
§ 1515. Regulation of professions.
This article shall not repeal, modify or restrict any provision of the
education law, THE PUBLIC HEALTH LAW, or the judiciary law regulating
the professions referred to therein except to the extent in conflict
herewith.
§ 15. Paragraph (a) of section 1525 of the business corporation law,
as added by chapter 505 of the laws of 1983, is amended to read as
follows:
(a) "Licensing authority" means the DEPARTMENT OF HEALTH IN THE CASE
OF THE PROFESSION OF MEDICINE AND THE regents of the university of the
state of New York or the state education department, as the case may be,
in the case of all OTHER professions licensed under title eight of the
education law, and the appropriate appellate division of the supreme
court in the case of the profession of law.
§ 16. Paragraph (c) of section 1530 of the business corporation law,
as added by chapter 505 of the laws of 1983, is amended to read as
follows:
(c) The fee for filing the application for authority shall be two
hundred dollars, payable to the department of state, and the fee for a
S. 9007--A 134 A. 10007--A
certificate of authority issued by the state education department OR THE
DEPARTMENT OF HEALTH shall be fifty dollars.
§ 17. Paragraphs (a) and (b) of section 1532 of the business corpo-
ration law, as added by chapter 505 of the laws of 1983, are amended to
read as follows:
(a) This article shall not repeal, modify or restrict any provision of
the education law, THE PUBLIC HEALTH LAW, or the judiciary law or any
rules or regulations adopted thereunder regulating the professions
referred to therein except to the extent in conflict herewith.
(b) A foreign professional service corporation, other than a foreign
professional service corporation authorized to practice law, shall be
under the supervision of the regents of the university of the state of
New York and be subject to disciplinary proceedings and penalties, and
its authority to do business shall be subject to suspension, revocation
or annulment for cause, in the same manner and to the same extent as is
provided with respect to individuals and their licenses, certificates,
and registrations in title eight of the education law relating to the
applicable profession. Notwithstanding the provisions of this subdivi-
sion, a foreign professional service corporation authorized to practice
medicine shall be [subject to the prehearing procedures and hearing
procedures as is provided with respect to individual physicians and
their licenses] UNDER THE SUPERVISION OF THE DEPARTMENT OF HEALTH AND BE
SUBJECT TO DISCIPLINARY PROCEEDINGS AND PENALTIES, AND ITS CERTIFICATE
OF INCORPORATION SHALL BE SUBJECT TO SUSPENSION, REVOCATION OR ANNULMENT
FOR CAUSE, IN THE SAME MANNER AND TO THE SAME EXTENT AS IS PROVIDED WITH
RESPECT TO INDIVIDUALS AND THEIR LICENSES, CERTIFICATES, AND REGISTRA-
TIONS in Title II-A of article two of the public health law.
§ 18. Subdivision (a) of section 1201 of the limited liability company
law is amended to read as follows:
(a) "Licensing authority" means the DEPARTMENT OF HEALTH IN THE CASE
OF THE PROFESSION OF MEDICINE AND THE regents of the university of the
state of New York or the state education department, as the case may be,
in the case of all OTHER professions licensed under title eight of the
education law, and the appropriate appellate division of the supreme
court in the case of the profession of law.
§ 19. Subdivision (d) of section 1203 of the limited liability company
law is amended to read as follows:
(d) A professional service limited liability company, other than a
professional service limited liability company authorized to practice
MEDICINE OR law, shall be under the supervision of the regents of the
university of the state of New York and be subject to disciplinary
proceedings and penalties, and its articles of organization shall be
subject to suspension, revocation or annulment for cause, in the same
manner and to the same extent as is provided with respect to individuals
and their licenses, certificates and registrations in title eight of the
education law relating to the applicable profession. [Notwithstanding
the provisions of this subdivision, a] A professional service limited
liability company authorized to practice medicine shall be [subject to
the pre-hearing procedures and hearing procedures as are] UNDER THE
SUPERVISION OF THE DEPARTMENT OF HEALTH AND BE SUBJECT TO DISCIPLINARY
PROCEEDINGS AND PENALTIES, AND ITS ARTICLES OF ORGANIZATION SHALL BE
SUBJECT TO SUSPENSION, REVOCATION, OR ANNULMENT FOR CAUSE, IN THE SAME
MANNER AND TO THE SAME EXTENT AS IS provided with respect to individual
physicians and their licenses in Title II-A of article two of the public
health law.
S. 9007--A 135 A. 10007--A
§ 20. Section 1215 of the limited liability company law is amended to
read as follows:
§ 1215. Regulation of professions. This article shall not repeal,
modify or restrict any provision of the education law, THE PUBLIC HEALTH
LAW, or the judiciary law or any rules or regulations adopted thereunder
regulating the professions referred to in the education law, THE PUBLIC
HEALTH LAW, or the judiciary law except to the extent in conflict here-
with.
§ 21. Subdivision (b) of section 1301 of the limited liability company
law is amended to read as follows:
(b) "Licensing authority" means the DEPARTMENT OF HEALTH IN THE CASE
OF THE PROFESSION OF MEDICINE AND THE regents of the university of the
state of New York or the state education department, as the case may be,
in the case of all OTHER professions licensed under title eight of the
education law, and the appropriate appellate division of the supreme
court in the case of the profession of law.
§ 22. Subdivision (c) of section 1306 of the limited liability company
law is amended to read as follows:
(c) The fee for filing the application for authority shall be two
hundred dollars, payable to the department of state, and the fee for a
certificate of authority issued by the state education department OR THE
DEPARTMENT OF HEALTH shall be fifty dollars.
§ 23. Subdivisions (a) and (b) of section 1308 of the limited liabil-
ity company law are amended to read as follows:
(a) This article shall not repeal, modify or restrict any provision of
the education law, THE PUBLIC HEALTH LAW, or the judiciary law or any
rules or regulations adopted thereunder regulating the professions
referred to in the education law, THE PUBLIC HEALTH LAW, or the judici-
ary law except to the extent in conflict herewith.
(b) A foreign professional service limited liability company, other
than a foreign professional service limited liability company authorized
to practice MEDICINE OR law, shall be under the supervision of the
regents of the university of the state of New York and be subject to
disciplinary proceedings and penalties, and its authority to do business
shall be subject to suspension, revocation or annulment for cause, in
the same manner and to the same extent as is provided with respect to
individuals and their licenses, certificates and registrations in title
eight of the education law relating to the applicable profession.
[Notwithstanding the provisions of this subdivision, a] A foreign
professional service limited liability company authorized to practice
medicine shall be [subject to the pre-hearing procedures and hearing
procedures as are provided with respect to individual physicians and
their licenses] UNDER THE SUPERVISION OF THE DEPARTMENT OF HEALTH AND BE
SUBJECT TO DISCIPLINARY PROCEEDINGS AND PENALTIES, AND ITS AUTHORITY TO
DO BUSINESS SHALL BE SUBJECT TO SUSPENSION, REVOCATION OR ANNULMENT FOR
CAUSE, IN THE SAME MANNER AND TO THE SAME EXTENT AS IS PROVIDED WITH
RESPECT TO INDIVIDUALS AND THEIR LICENSES, CERTIFICATES AND REGISTRA-
TIONS in Title II-A of article two of the public health law.
§ 24. The tenth, fourteenth and sixteenth undesignated paragraphs of
section 2 of the partnership law, the tenth and sixteenth undesignated
paragraphs as added by chapter 576 of the laws of 1994, and the four-
teenth undesignated paragraph as amended by chapter 475 of the laws of
2014, are amended to read as follows:
"Licensing authority" means the DEPARTMENT OF HEALTH IN THE CASE OF
THE PROFESSION OF MEDICINE AND THE regents of the university of the
state of New York or the state education department, as the case may be,
S. 9007--A 136 A. 10007--A
in the case of all OTHER professions licensed under title eight of the
education law, and the appropriate appellate division of the supreme
court in the case of the profession of law.
"Professional partnership" means (1) a partnership without limited
partners each of whose partners is a professional authorized by law to
render a professional service within this state, (2) a partnership with-
out limited partners each of whose partners is a professional, at least
one of whom is authorized by law to render a professional service within
this state or (3) a partnership without limited partners authorized by,
or holding a license, certificate, registration or permit issued by the
licensing authority [pursuant to the education law] to render a profes-
sional service within this state; except that all partners of a profes-
sional partnership that provides medical services in this state must be
licensed pursuant to article 131 of the education law to practice medi-
cine in this state and all partners of a professional partnership that
provides dental services in this state must be licensed pursuant to
article 133 of the education law to practice dentistry in this state;
and further except that all partners of a professional partnership that
provides professional engineering, land surveying, geologic, architec-
tural and/or landscape architectural services in this state must be
licensed pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.
"Professional service corporation" means (i) a corporation organized
under article fifteen of the business corporation law and (ii) any other
corporation organized under the business corporation law or any prede-
cessor statute, which is authorized by, or holds a license, certificate,
registration or permit issued by, the licensing authority [pursuant to
the education law] to render professional services within this state.
§ 25. Subdivisions (m) and (o) of section 121-1500 of the partnership
law, as added by chapter 576 of the laws of 1994, are amended to read as
follows:
(m) A registered limited liability partnership, other than a regis-
tered limited liability partnership authorized to practice MEDICINE OR
law, shall be under the supervision of the regents of the university of
the state of New York and be subject to disciplinary proceedings and
penalties in the same manner and to the same extent as is provided with
respect to individuals and their licenses, certificates and registra-
tions in title eight of the education law relating to the applicable
profession. [Notwithstanding the provisions of this subdivision, a] A
registered limited liability partnership authorized to practice medicine
shall be [subject to the pre-hearing procedures and hearing procedures
as are] UNDER THE SUPERVISION OF THE DEPARTMENT OF HEALTH AND BE SUBJECT
TO DISCIPLINARY PROCEEDINGS AND PENALTIES IN THE SAME MANNER AND TO THE
SAME EXTENT AS IS provided with respect to individual physicians and
their licenses in title two-A of article two of the public health law.
In addition to rendering the professional service or services the part-
ners are authorized to practice in this state, a registered limited
liability partnership may carry on, or conduct or transact any other
business or activities as to which a partnership without limited part-
ners may be formed. Notwithstanding any other provision of this section,
a registered limited liability partnership (i) authorized to practice
law may only engage in another profession or business or activities or
(ii) which is engaged in a profession or other business or activities
other than law may only engage in the practice of law, to the extent not
prohibited by any other law of this state or any rule adopted by the
appropriate appellate division of the supreme court or the court of
S. 9007--A 137 A. 10007--A
appeals. Any registered limited liability partnership may invest its
funds in real estate, mortgages, stocks, bonds or any other types of
investments.
(o) This section shall not repeal, modify or restrict any provision of
the education law, THE PUBLIC HEALTH LAW, or the judiciary law or any
rules or regulations adopted thereunder regulating the professions
referred to in the education law, THE PUBLIC HEALTH LAW, or the judici-
ary law except to the extent in conflict herewith.
§ 26. Subdivisions (n) and (p) of section 121-1502 of the partnership
law, as added by chapter 576 of the laws of 1994, are amended to read as
follows:
(n) A foreign limited liability partnership, other than a foreign
limited liability partnership authorized to practice MEDICINE OR law,
shall be under the supervision of the regents of the university of the
state of New York and be subject to disciplinary proceedings and penal-
ties in the same manner and to the same extent as is provided with
respect to individuals and their licenses, certificates and registra-
tions in title eight of the education law relating to the applicable
profession. [Notwithstanding the provisions of this subdivision, a] A
foreign limited liability partnership authorized to practice medicine
shall be [subject to the pre-hearing procedures and hearing procedures
as are] UNDER THE SUPERVISION OF THE DEPARTMENT OF HEALTH AND BE SUBJECT
TO DISCIPLINARY PROCEEDINGS AND PENALTIES IN THE SAME MANNER AND TO THE
SAME EXTENT AS IS provided with respect to individual physicians and
their licenses in title two-A of article two of the public health law.
No foreign limited liability partnership shall engage in any profession
or carry on, or conduct or transact any other business or activities in
this state other than the rendering of the professional services or the
carrying on, or conducting or transacting of any other business or
activities for which it is formed and is authorized to do business in
this state; provided that such foreign limited liability partnership may
invest its funds in real estate, mortgages, stocks, bonds or any other
type of investments; provided, further, that a foreign limited liability
partnership (i) authorized to practice law may only engage in another
profession or other business or activities in this state or (ii) which
is engaged in a profession or other business or activities other than
law may only engage in the practice of law in this state, to the extent
not prohibited by any other law of this state or any rule adopted by the
appropriate appellate division of the supreme court or the court of
appeals.
(p) This section shall not repeal, modify or restrict any provision of
the education law, THE PUBLIC HEALTH LAW, or the judiciary law or any
rules or regulations adopted thereunder regulating the professions
referred to in the education law, THE PUBLIC HEALTH LAW, or the judici-
ary law except to the extent in conflict herewith.
§ 27. Subdivision 3-a of section 6502 of the education law, as amended
by chapter 599 of the laws of 1996, is amended to read as follows:
3-a. Prior to issuing any registration pursuant to this section and
section sixty-five hundred twenty-four of this chapter, the department
shall request and review any information relating to an applicant which
reasonably appears to relate to professional misconduct in [his or her]
THE APPLICANT'S professional practice in this and any other jurisdic-
tion. The department shall advise the director of the office of profes-
sional medical conduct in the department of health of any information
about an applicant which reasonably appears to be professional miscon-
duct as defined in sections [sixty-five hundred thirty and sixty-five
S. 9007--A 138 A. 10007--A
hundred thirty-one of this chapter] TWO HUNDRED THIRTY-E, TWO HUNDRED
THIRTY-F AND TWO HUNDRED THIRTY-G OF THE PUBLIC HEALTH LAW, 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 the public health
law after consultation with a committee on professional conduct of the
state board for professional medical conduct, if warranted. Re-registra-
tion shall be issued if the commissioner of health fails to issue a
summary order pursuant to subdivision twelve of section two hundred
thirty of the public health law within ninety days of notice by the
department pursuant to this subdivision. Re-registration shall be denied
if the commissioner of health issues a summary order pursuant to subdi-
vision twelve of section two hundred thirty of the public health law.
§ 28. Subdivisions 1 and 9 of section 6506 of the education law, as
amended by chapter 606 of the laws of 1991, are amended to read as
follows:
(1) Promulgate rules, except that no rule shall be promulgated
concerning [article 131-A of this chapter] THE DEFINITIONS OF PROFES-
SIONAL MISCONDUCT APPLICABLE TO PHYSICIANS, PHYSICIAN'S ASSISTANTS AND
SPECIALIST'S ASSISTANTS;
(9) Establish by rule, standards of conduct with respect to advertis-
ing, fee splitting, practicing under a name other than that of the indi-
vidual licensee (when not specifically authorized), proper use of
academic or professional degrees or titles tending to imply professional
status, and such other ethical practices as such board shall deem neces-
sary, except that no rule shall be established concerning [article 131-A
of this chapter] THE DEFINITIONS OF PROFESSIONAL MISCONDUCT APPLICABLE
TO PHYSICIANS, PHYSICIAN'S ASSISTANTS AND SPECIALIST'S ASSISTANTS; and
§ 29. Paragraph a of subdivision 2 of section 6507 of the education
law, as amended by chapter 606 of the laws of 1991, is amended to read
as follows:
a. Promulgate regulations, except that no regulations shall be promul-
gated concerning [article 131-A of this chapter] THE DEFINITIONS OF
PROFESSIONAL MISCONDUCT APPLICABLE TO PHYSICIANS, PHYSICIAN'S ASSISTANTS
AND SPECIALIST'S ASSISTANTS;
§ 30. Subdivision 1 of section 6514 of the education law, as amended
by chapter 606 of the laws of 1991, is amended to read as follows:
1. All alleged violations of sections sixty-five hundred twelve or
sixty-five hundred thirteen of this article shall be reported to the
department which shall cause an investigation to be instituted. All
alleged violations of section [sixty-five hundred thirty-one of the
education law] TWO HUNDRED THIRTY-E OF THE PUBLIC HEALTH LAW shall be
reported to the department of health which shall cause an investigation
to be instituted. If the investigation substantiates that violations
exist, such violations shall be reported to the attorney general with a
request for prosecution.
§ 31. Subdivisions 1, 9-b, 9-c, subparagraph (i-a) of paragraph (a) of
subdivision 10, item 2 of clause (d) of subparagraph (ii) of paragraph
(h) of subdivision 10, paragraph (p) of subdivision 10, paragraph (a) of
subdivision 11, subdivision 13, and paragraph (c) of subdivision 17 of
section 230 of the public health law, subdivision 1 as amended by chap-
ter 537 of the laws of 1998, subdivision 9-b as amended by chapter 11 of
the laws of 2015, subdivision 9-c as amended by chapter 694 of the laws
of 2025, subparagraph (i-a) of paragraph (a) of subdivision 10 as added
by chapter 220 of the laws of 2022, item 2 of clause (d) of subparagraph
S. 9007--A 139 A. 10007--A
(ii) of paragraph (h) of subdivision 10 as amended by chapter 477 of the
laws of 2008, paragraph (p) of subdivision 10 as amended by chapter 599
and paragraph (a) of subdivision 11 as amended by chapter 627 of the
laws of 1996, and subdivision 13 as added and paragraph (c) of subdivi-
sion 17 as amended by chapter 606 of the laws of 1991, are amended to
read as follows:
1. A state board for professional medical conduct is hereby created in
the department in matters of professional misconduct as defined in
[sections sixty-five hundred thirty and sixty-five hundred thirty-one of
the education law] THIS TITLE. Its physician members shall be appointed
by the commissioner at least eighty-five percent of whom shall be from
among nominations submitted by the medical society of the state of New
York, the New York state osteopathic society, the New York academy of
medicine, county medical societies, statewide specialty societies recog-
nized by the council of medical specialty societies, and the hospital
association of New York state. Its lay members shall be appointed by the
commissioner with the approval of the governor. The board of regents
shall also appoint twenty percent of the members of the board. Not less
than sixty-seven percent of the members appointed by the board of
regents shall be physicians. Not less than eighty-five percent of the
physician members appointed by the board of regents shall be from among
nominations submitted by the medical society of the state of New York,
the New York state osteopathic society, the New York academy of medi-
cine, county medical societies, statewide medical societies recognized
by the council of medical specialty societies, and the hospital associ-
ation of New York state. Any failure to meet the percentage thresholds
stated in this subdivision shall not be grounds for invalidating any
action by or on authority of the board for professional medical conduct
or a committee or a member thereof. The board for professional medical
conduct shall consist of not fewer than eighteen physicians licensed in
the state for at least five years, two of whom shall be doctors of
osteopathy, not fewer than two of whom shall be physicians who dedicate
a significant portion of their practice to the use of non-conventional
medical treatments who may be nominated by New York state medical asso-
ciations dedicated to the advancement of such treatments, at least one
of whom shall have expertise in palliative care, and not fewer than
seven lay members. An executive secretary shall be appointed by the
chairperson and shall be a licensed physician. Such executive secretary
shall not be a member of the board, shall hold office at the pleasure
of, and shall have the powers and duties assigned and the annual salary
fixed by, the chairperson. The chairperson shall also assign such secre-
taries or other persons to the board as are necessary.
9-b. Neither the board for professional medical conduct nor the office
of professional medical conduct shall charge a licensee with misconduct
as defined in [sections sixty-five hundred thirty and sixty-five hundred
thirty-one of the education law] THIS TITLE, or cause a report made to
the director of such office to be investigated beyond a preliminary
review as set forth in clause (A) of subparagraph (i) of paragraph (a)
of subdivision ten of this section, where such report is determined to
be based solely upon the recommendation or provision of a treatment
modality to a particular patient by such licensee that is not
universally accepted by the medical profession, including but not limit-
ed to, varying modalities used in the treatment of Lyme disease and
other tick-borne diseases. When a licensee, acting in accordance with
[paragraph e of subdivision four of] section [sixty-five hundred twen-
ty-seven of the education law] THIRTY-SEVEN HUNDRED FIFTY-ONE OF THIS
S. 9007--A 140 A. 10007--A
CHAPTER, recommends or provides a treatment modality that effectively
treats human disease, pain, injury, deformity or physical condition for
which the licensee is treating a patient, the recommendation or
provision of that modality to a particular patient shall not, by itself,
constitute professional misconduct. The licensee shall otherwise abide
by all other applicable professional requirements.
9-c. (a) Neither the board for professional medical conduct nor the
office of professional medical conduct shall charge a licensee, acting
within their scope of practice, with misconduct as defined in [sections
sixty-five hundred thirty and sixty-five hundred thirty-one of the
education law] THIS TITLE, or cause a report made to the director of
such office to be investigated beyond a preliminary review as set forth
in clause (A) of subparagraph (i) of paragraph (a) of subdivision ten of
this section, where such report is determined to be based solely upon
any legally protected health activity, as defined by section 570.17 of
the criminal procedure law.
(b) When a licensee, acting within their scope of practice, and in
accordance with paragraph e of subdivision four of section [sixty-five
hundred twenty-seven of the education law] THIRTY-SEVEN HUNDRED FIFTY-
ONE OF THIS CHAPTER, [performs, recommends or provides any reproductive
health services or gender-affirming care for a patient who resides in a
state wherein the performance, recommendation, or provision of any such
reproductive health services or gender-affirming care is illegal, such
performance, recommendation, or provision of such reproductive health
services or gender-affirming care for such patient, shall not, by
itself, constitute professional misconduct] ENGAGES IN LEGALLY PROTECTED
HEALTH ACTIVITY, AS DEFINED BY SECTION 570.17 OF THE CRIMINAL PROCEDURE
LAW, SUCH LEGALLY PROTECTED ACTIVITY SHALL NOT, BY ITSELF, CONSTITUTE
PROFESSIONAL MISCONDUCT. The licensee shall otherwise abide by all
other applicable professional requirements.
(i-a) The director shall, in addition to the determination required by
clause (A) of subparagraph (i) of this paragraph, determine if a report
is based solely upon conduct which is otherwise permissible pursuant to
section [sixty-five hundred thirty-one-b of the education law] TWO
HUNDRED THIRTY-H OF THIS TITLE and subdivision nine-c of this section,
and upon a determination by the director that a report is based solely
upon such permissible conduct, no further review shall be conducted and
no charges shall be brought. Nothing in this section shall preclude the
director from making such a determination earlier in, or subsequent to,
a preliminary review.
(2) make arrangements for the transfer and maintenance of the medical
records of [his or her] THEIR former patients. Records shall be either
transferred to the licensee's former patients consistent with the
provisions of sections seventeen and eighteen of this chapter or to
another physician or health care practitioner as provided in clause (1)
of this subparagraph who shall expressly assume responsibility for their
care and maintenance and for providing access to such records, as
provided in subdivisions twenty-two and [thirty-two of section sixty-
five hundred thirty of the education law] THIRTY-THREE OF SECTION TWO
HUNDRED THIRTY-E OF THIS TITLE, the rules of the board of regents or the
regulations of the commissioner of education and sections seventeen and
eighteen of this chapter. When records are not transferred to the
licensee's former patients or to another physician or health care prac-
titioner, the licensee whose license has been revoked, annulled, surren-
dered, suspended or restricted shall remain responsible for the care and
maintenance of the medical records of [his or her] THEIR former patients
S. 9007--A 141 A. 10007--A
and shall be subject to additional proceedings pursuant to subdivisions
twenty-two, [thirty-two] THIRTY-THREE and [forty] FORTY-ONE of section
[sixty-five hundred thirty of the education law] TWO HUNDRED THIRTY-E OF
THIS TITLE in the event that the licensee fails to maintain those
medical records or fails to make them available to a former patient.
(p) Convictions of crimes or administrative violations. In cases of
professional misconduct based solely upon a violation of subdivision
nine of section [sixty-five hundred thirty of the education law] TWO
HUNDRED THIRTY-E OF THIS TITLE, the director may direct that charges be
prepared and served and may refer the matter to a committee on profes-
sional conduct for its review and report of findings, conclusions as to
guilt, and determination. In such cases, the notice of hearing shall
state that the licensee shall file a written answer to each of the
charges and allegations in the statement of charges no later than ten
days prior to the hearing, and that any charge or allegation not so
answered shall be deemed admitted, that the licensee may wish to seek
the advice of counsel prior to filing such answer that the licensee may
file a brief and affidavits with the committee on professional conduct,
that the licensee may appear personally before the committee on profes-
sional conduct, may be represented by counsel and may present evidence
or sworn testimony in [his or her] THEIR behalf, and the notice may
contain such other information as may be considered appropriate by the
director. The department may also present evidence or sworn testimony
and file a brief at the hearing. A stenographic record of the hearing
shall be made. Such evidence or sworn testimony offered to the committee
on professional conduct shall be strictly limited to evidence and testi-
mony relating to the nature and severity of the penalty to be imposed
upon the licensee. Where the charges are based on the conviction of
state law crimes in other jurisdictions, evidence may be offered to the
committee which would show that the conviction would not be a crime in
New York state. The committee on professional conduct may reasonably
limit the number of witnesses whose testimony will be received and the
length of time any witness will be permitted to testify. The determi-
nation of the committee shall be served upon the licensee and the
department in accordance with the provisions of paragraph (h) of this
subdivision. A determination pursuant to this subdivision may be
reviewed by the administrative review board for professional medical
conduct.
(a) The medical society of the state of New York, the New York state
osteopathic society or any district osteopathic society, any statewide
medical specialty society or organization, and every county medical
society, every person licensed pursuant to articles one hundred thirty-
one, one hundred thirty-one-B, one hundred thirty-three, one hundred
thirty-seven and one hundred thirty-nine of the education law, and the
chief executive officer, the chief of the medical staff and the chair-
person of each department of every institution which is established
pursuant to article twenty-eight of this chapter and a comprehensive
health services plan pursuant to article forty-four of this chapter or
article forty-three of the insurance law, shall, and any other person
may, report to the board any information which such person, medical
society, organization, institution or plan has which reasonably appears
to show that a licensee is guilty of professional misconduct as defined
in [sections sixty-five hundred thirty and sixty-five hundred thirty-one
of the education law] THIS TITLE. Such reports shall remain confidential
and shall not be admitted into evidence in any administrative or judi-
cial proceeding except that the board, its staff, or the members of its
S. 9007--A 142 A. 10007--A
committees may begin investigations on the basis of such reports and may
use them to develop further information.
13. (a) Temporary surrender. The license and registration of a licen-
see who may be temporarily incapacitated for the active practice of
medicine and whose alleged incapacity has not resulted in harm to a
patient may be voluntarily surrendered to the board for professional
medical conduct, which may accept and hold such license during the peri-
od of such alleged incapacity or the board for professional medical
conduct may accept the surrender of such license after agreement to
conditions to be met prior to the restoration of the license. The board
shall give prompt written notification of such surrender to the division
of professional licensing services of the state education department,
and to each hospital at which the licensee has privileges. The licensee
whose license is so surrendered shall notify all patients and all
persons who request medical services that the licensee has temporarily
withdrawn from the practice of medicine. The licensure status of each
such licensee shall be "inactive" and the licensee shall not be author-
ized to practice medicine. The temporary surrender shall not be deemed
to be an admission of disability or of professional misconduct, and
shall not be used as evidence of a violation of subdivision seven or
eight of section [sixty-five hundred thirty of the education law] TWO
HUNDRED THIRTY-E OF THIS TITLE unless the licensee practices while the
license is "inactive". Any such practice shall constitute a violation of
subdivision twelve of section [sixty-five hundred thirty of the educa-
tion law] TWO HUNDRED THIRTY-E OF THIS TITLE. The surrender of a license
under this subdivision shall not bar any disciplinary action except
action based solely upon the provisions of subdivision seven or eight of
section [sixty-five hundred thirty of the education law] TWO HUNDRED
THIRTY-E OF THIS TITLE and where no harm to a patient has resulted, and
shall not bar any civil or criminal action or proceeding which might be
brought without regard to such surrender. A surrendered license shall be
restored upon a showing to the satisfaction of a committee of profes-
sional conduct of the state board for professional medical conduct that
the licensee is not incapacitated for the active practice of medicine
provided, however, that the committee may impose reasonable conditions
on the licensee, if it determined that due to the nature and extent of
the licensee's former incapacity such conditions are necessary to
protect the health of the people. The chairperson of the committee shall
issue a restoration order adopting the decision of the committee. Prompt
written notification of such restoration shall be given to the division
of professional licensing services of the state education department and
to all hospitals which were notified of the surrender of the license.
(b) Permanent surrender. The license and registration of a licensee
who may be permanently incapacitated for the active practice of medi-
cine, and whose alleged incapacity has not resulted in harm to a
patient, may be voluntarily surrendered to the board for professional
medical conduct. The board shall give prompt written notification of
such surrender to the division of professional licensing services of the
state education department, and to each hospital at which the licensee
has privileges. The licensee whose license is so surrendered shall noti-
fy all patients and all persons who request medical services that the
licensee has permanently withdrawn from the practice of medicine. The
permanent surrender shall not be deemed to be an admission of disability
[of] or professional misconduct, and shall not be used as evidence of a
violation of subdivision seven or eight of section [sixty-five hundred
thirty of the education law] TWO HUNDRED THIRTY-E OF THIS TITLE. The
S. 9007--A 143 A. 10007--A
surrender shall not bar any civil or criminal action or proceeding which
might be brought without regard to such surrender. There shall be no
restoration of a license that has been surrendered pursuant to this
subdivision.
(c) If the committee determines that reasonable cause exists as speci-
fied in paragraph (a) of this subdivision and that there is insufficient
evidence for the matter to constitute misconduct as defined in sections
[sixty-five hundred thirty and section sixty-five hundred thirty-one of
the education law] TWO HUNDRED THIRTY-E, TWO HUNDRED THIRTY-F AND TWO
HUNDRED THIRTY-G OF THIS TITLE, the committee may issue an order direct-
ing that the licensee's practice of medicine be monitored for a period
specified in the order, which shall in no event exceed one year, by a
licensee approved by the director, which may include members of county
medical societies or district osteopathic societies designated by the
commissioner. The licensee responsible for monitoring the licensee shall
submit regular reports to the director. If the licensee refuses to coop-
erate with the licensee responsible for monitoring or if the monitoring
licensee submits a report that the licensee is not practicing medicine
with reasonable skill and safety to [his or her] THEIR patients, the
committee may refer the matter to the director for further proceedings
pursuant to subdivision ten of this section. An order pursuant to this
paragraph shall be kept confidential and shall not be subject to discov-
ery or subpoena, unless the licensee refuses to comply with the order.
§ 32. The opening paragraph of section 230-a of the public health law,
as added by chapter 606 of the laws of 1991, is amended to read as
follows:
The penalties which may be imposed by the state board for professional
medical conduct on a present or former licensee found guilty of profes-
sional misconduct under the definitions and proceedings prescribed in
[section] SECTIONS two hundred thirty, TWO HUNDRED THIRTY-E AND TWO
HUNDRED THIRTY-F of this title [and sections sixty-five hundred thirty
and sixty-five hundred thirty-one of the education law] are:
§ 33. Section 230-a of the public health law, as added by chapter 786
of the laws of 1992, is amended to read as follows:
§ 230-a. Infection control standards. Notwithstanding any law to the
contrary, [including section sixty-five hundred thirty-two of the educa-
tion law,] the department shall promulgate rules or regulations describ-
ing scientifically accepted barrier precautions and infection control
practices as standards of professional medical conduct for persons
licensed under articles one hundred thirty-one and one hundred thirty-
one-B of the education law. The department shall consult with the educa-
tion department to ensure that regulatory standards for scientifically
acceptable barrier precautions and infection prevention techniques
promulgated pursuant to this section are consistent, as far as appropri-
ate with such standards adopted by the education department applicable
to persons licensed under the education law other than articles one
hundred thirty-one and one hundred thirty-one-B of such law.
§ 34. Paragraph (b) of subdivision 1 of section 2803-e of the public
health law, as amended by chapter 542 of the laws of 2000, is amended to
read as follows:
(b) Hospitals and other facilities approved pursuant to this article
shall make a report or cause a report to be made within thirty days of
obtaining knowledge of any information which reasonably appears to show
that a physician is guilty of professional misconduct as defined in
[section sixty-five hundred thirty or sixty-five hundred thirty-one of
the education law] SECTIONS TWO HUNDRED THIRTY-E, TWO HUNDRED THIRTY-F
S. 9007--A 144 A. 10007--A
AND TWO HUNDRED THIRTY-G OF THIS CHAPTER. A violation of this paragraph
shall not be subject to the provisions of section twelve-b of this chap-
ter.
§ 35. Subdivisions 7 of section 2995-a of the public health law, as
added by chapter 542 of the laws of 2000, is amended to read as follows:
7. A physician who knowingly provides materially inaccurate informa-
tion under this section shall be guilty of professional misconduct
pursuant to section [sixty-five hundred thirty of the education law] TWO
HUNDRED THIRTY-E OF THIS CHAPTER.
§ 36. Section 2997-l of the public health law, as added by section 20
of part A of chapter 60 of the laws of 2014, is amended to read as
follows:
§ 2997-l. Activities. The activities enumerated in section twenty-nine
hundred ninety-seven-k of this title shall be undertaken consistent with
section twenty-eight hundred five-j of this chapter by a covered health
care provider and shall be deemed activities of such program as
described in such section and any and all information attributable to
such activities shall be subject to provisions of section twenty-eight
hundred five-m of this chapter and section [sixty-five hundred twenty-
seven of the education law] THIRTY-SEVEN HUNDRED FIFTY-ONE OF THIS CHAP-
TER.
§ 37. Subdivisions 2 and 3 of section 2999-r of the public health law,
as amended by chapter 461 of the laws of 2012, are amended to read as
follows:
2. With respect to the planning, implementation, and operation of
ACOs, the commissioner, by regulation, shall specifically delineate safe
harbors that exempt ACOs from the application of the following statutes:
(a) article twenty-two of the general business law relating to
arrangements and agreements in restraint of trade;
(b) [article one hundred thirty-one-A of the education law] TITLE
TWO-A OF ARTICLE TWO OF THIS CHAPTER relating to fee-splitting arrange-
ments; and
(c) title two-D of article two of this chapter relating to health care
practitioner referrals.
3. For the purposes of this article, an ACO shall be deemed to be a
hospital for purposes of sections twenty-eight hundred five-j, twenty-
eight hundred five-k, twenty-eight hundred five-l and twenty-eight
hundred five-m of this chapter and subdivisions three and five of
section [sixty-five hundred twenty-seven of the education law] THIRTY-
SEVEN HUNDRED FIFTY-ONE OF THIS CHAPTER.
§ 38. Paragraph (d) of subdivision 2 of section 2999-u of the public
health law, as amended by chapter 90 of the laws of 2023, is amended to
read as follows:
(d) A PACE organization shall be deemed to be a health maintenance
organization under article forty-four of this chapter for purposes of
subdivision one of section [sixty-five hundred twenty-seven of the
education law] THIRTY-SEVEN HUNDRED FIFTY-ONE OF THIS CHAPTER.
§ 39. Paragraph (b) of subdivision 1-a of section 3515 of the public
health law, as added by chapter 536 of the laws of 2011, is amended to
read as follows:
(b) Paragraph (a) of this subdivision shall be inapplicable to
specialist's assistants registered pursuant to law on the effective date
of this subdivision; but such specialist's assistants shall continue to
be subject to all of the provisions of section [sixty-five hundred thir-
ty of the education law] TWO HUNDRED THIRTY-E OF THIS CHAPTER.
S. 9007--A 145 A. 10007--A
§ 40. Subdivision 2 of section 490 of the social services law, as
added by section 1 of part B of chapter 501 of the laws of 2012, is
amended to read as follows:
2. Notwithstanding any other provision of law, except as may be
provided by section 33.25 of the mental hygiene law, records, reports or
other information maintained by the justice center, state oversight
agencies, delegate investigatory entities, and facilities and provider
agencies regarding the deliberations of an incident review committee
shall be confidential, provided that nothing in this article shall be
deemed to diminish or otherwise derogate the legal privilege afforded to
proceedings, records, reports or other information relating to a quality
assurance function, including the investigation of an incident reported
pursuant to section 29.29 of the mental hygiene law, as provided in
section [sixty-five hundred twenty-seven of the education law] THIRTY-
SEVEN HUNDRED FIFTY-ONE OF THE PUBLIC HEALTH LAW. For purposes of this
section, a quality assurance function is a process for systematically
monitoring and evaluating various aspects of a program, service or
facility to ensure that standards of care are being met.
§ 41. Subdivision 1 of section 3000-a of the public health law, as
amended by chapter 69 of the laws of 1994, is amended to read as
follows:
1. Except as provided in subdivision six of section six thousand six
hundred eleven, [subdivision two of section six thousand five hundred
twenty-seven,] subdivision one of section six thousand nine hundred nine
[and sections six thousand five hundred forty-seven and], SECTION six
thousand seven hundred thirty-seven of the education law AND SECTION
THIRTY-SEVEN HUNDRED FIFTY-ONE OF THIS CHAPTER, any person who voluntar-
ily and without expectation of monetary compensation renders first aid
or emergency treatment at the scene of an accident or other emergency
outside a hospital, doctor's office or any other place having proper and
necessary medical equipment, to a person who is unconscious, ill, or
injured, shall not be liable for damages for injuries alleged to have
been sustained by such person or for damages for the death of such
person alleged to have occurred by reason of an act or omission in the
rendering of such emergency treatment unless it is established that such
injuries were or such death was caused by gross negligence on the part
of such person. Nothing in this section shall be deemed or construed to
relieve a licensed physician, dentist, nurse, physical therapist or
registered physician's assistant from liability for damages for injuries
or death caused by an act or omission on the part of such person while
rendering professional services in the normal and ordinary course of
[his or her] SUCH PERSON'S practice.
§ 42. Paragraph (b) of subdivision 1 of section 4405-b of the public
health law, as amended by chapter 542 of the laws of 2000, is amended to
read as follows:
(b) An organization shall make a report to be made to the appropriate
professional disciplinary agency within thirty days of obtaining know-
ledge of any information that reasonably appears to show that a health
professional is guilty of professional misconduct as defined in article
one hundred thirty [or one hundred thirty-one-A] OF THE EDUCATION LAW OR
TITLE TWO-A OF ARTICLE TWO of [the education law] THIS CHAPTER. A
violation of this subdivision shall not be subject to the provisions of
section twelve-b of this chapter.
§ 43. Subdivision 2 of section 4702 of the public health law, as
amended by chapter 805 of the laws of 1984, is amended to read as
follows:
S. 9007--A 146 A. 10007--A
2. "Shared health facility" or "facility" means any arrangement where-
in four or more practitioners licensed under the provisions of article
one hundred thirty-one, [one hundred thirty-one-a,] one hundred thirty-
two, one hundred thirty-three, one hundred thirty-seven, one hundred
thirty-nine, one hundred forty-one, one hundred forty-three, one hundred
forty-four, one hundred fifty-six or one hundred fifty-nine of the
education law OR IS SUBJECT TO TITLE TWO-A OF ARTICLE TWO OF THIS CHAP-
TER, one or more of whom receives payment under the program and whose
total aggregate monthly remuneration from such program is in excess of
five thousand dollars for any one month during the preceding twelve
months, (a) practice their professions at a common physical location;
and (b) share (i) common waiting areas, examining rooms, treatment rooms
or other space, or (ii) the services of supporting staff, or (iii)
equipment; and (c) a person, whether such person is a practitioner or
not, is in charge of, controls, manages or supervises substantial
aspects of the arrangement or operation for the delivery of health or
medical services at said common physical location, other than the direct
furnishing of professional services by the practitioners to their
patients, or a person makes available to the practitioners the services
of supporting staff who are not employees of the practitioners. "Shared
health facility" does not mean or include practitioners practicing their
profession as a partnership provided that members of the supporting
staff are employees of such legal entity and if there is an office
manager, or person with similar title, [he is] THEY ARE an employee of
the legal entity whose compensation is customary and not excessive for
such services and there is no person described in paragraph (c) of this
subdivision. "Shared health facility" does not mean or include any enti-
ty organized pursuant to the provisions of article twenty-eight of this
chapter or operating under a certificate issued pursuant to the
provisions of article thirteen of the mental hygiene law; nor shall it
mean or include a facility wherein ambulatory medical services are
provided by an organized group of physicians pursuant to an arrangement
between such group and a health services corporation operating under
article forty-three of the insurance law or a health maintenance organ-
ization operating under article forty-four of the public health law, and
where the health services corporation or the health maintenance organ-
ization is reimbursed on a prepaid capitation basis for the provision of
health care services under New York state's medical assistance program.
§ 44. Subdivision e of section 20-815 of the administrative code of
the city of New York, as added by local law number 17 of the city of New
York for the year 2011, is amended to read as follows:
e. "Licensed medical provider" shall mean a person licensed or other-
wise authorized under the provisions of articles one hundred thirty-one,
[one hundred thirty-one-a,] one hundred thirty-one-b, one hundred thir-
ty-nine or one hundred forty of the education law of New York OR TITLE
TWO-A OF ARTICLE TWO OF THE PUBLIC HEALTH LAW OF NEW YORK, to provide
medical services.
§ 45. Transfer of employees. Notwithstanding any other provision of
law, rule, or regulation to the contrary, upon the transfer of any func-
tions from the state education department to the department of health
for the administration, regulation, and control of professional entities
established under the business corporation law, the limited liability
company law or the partnership law for the provision of medical
services, employees performing those functions shall be transferred to
the department of health pursuant to subdivision 2 of section 70 of the
civil service law. Employees transferred pursuant to this section shall
S. 9007--A 147 A. 10007--A
be transferred without further examination or qualification and shall
retain their respective civil service classifications, status and
collective bargaining unit designations and collective bargaining agree-
ments.
§ 46. Transfer of records. All books, papers and property of the state
education department with respect to the functions, powers and duties
transferred by this act are to be delivered to the appropriate offices
within the department of health, at such place and time, and in such
manner as the department of health requires.
§ 47. Continuity of authority. For the purpose of all functions,
powers, duties and obligations of the state education department trans-
ferred to and assumed by the department of health, the department of
health shall continue the operation of the provisions previously done by
the state education department, pursuant to this act.
§ 48. Completion of unfinished business. Any business or other matter
undertaken or commenced by the state education department pertaining to
or connected with the functions, powers, duties and obligations hereby
transferred and assigned to the department of health and pending on the
effective date of January 1, 2027 shall be conducted and completed by
the department of health in the same manner and under the same terms and
conditions and with the same effect as if conducted and completed by the
state education department.
§ 49. Continuation of rules and regulations. All rules, regulations,
acts, orders, determinations, and decisions of the state education
department in force at the time of such transfer and assumption, shall
continue in force and effect as rules, regulations, acts, orders, deter-
minations and decisions of the department of health until duly modified
or abrogated by the department of health.
§ 50. Terms occurring in laws, contracts and other documents. When-
ever the state education department is referred to or designated in any
law, contract or document pertaining to the functions, powers, obli-
gations and duties hereby transferred and assigned, such reference or
designation shall be deemed to refer to department of health or the
commissioner thereof.
§ 51. Existing rights and remedies preserved. No existing right or
remedy of any character shall be lost, impaired or affected by reason of
this act.
§ 52. Pending actions or proceedings. No action or proceeding pending
at the time when this act shall take effect relating to the functions,
powers and duties of the state education department transferred pursuant
to this act, brought by or against the state education department or
board of regents shall be affected by any provision of this act, but the
same may be prosecuted or defended in the name of the commissioner of
the department of health. In all such actions and proceedings, the
commissioner of health, upon application to the court, shall be substi-
tuted as a party.
§ 53. Transfer of appropriations heretofore made to the state educa-
tion department. Upon the transfer pursuant to this act of the functions
and powers possessed by and of the obligations and duties of the educa-
tion department, all appropriations and reappropriations which shall
have been made available as of the date of such transfer to the educa-
tion department, or segregated pursuant to law, to the extent of remain-
ing unexpended or unencumbered balances thereof, whether allocated or
unallocated and whether obligated or unobligated, shall be transferred
to and made available for use and expenditure by the department of
health and shall be payable on vouchers certified or approved by the
S. 9007--A 148 A. 10007--A
commissioner of taxation and finance, on audit and warrant of the comp-
troller. Payments of liabilities for expenses of personnel services,
maintenance and operation which shall have been incurred as of the date
of such transfer by the education department, and for liabilities
incurred and to be incurred in completing its affairs, shall also be
made on vouchers certified or approved by the commissioner of education
on audit and warrant of the comptroller.
§ 54. This act shall take effect January 1, 2027, provided, however,
that the amendments to paragraph (a) of subdivision 10 of section 230 of
the public health law made by section thirty-one of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith. 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 date.
SUBPART E
Section 1. Subdivisions 1, 2, 3, 4 and 5 of section 6542 of the educa-
tion law, as amended by chapter 520 of the laws of 2024, are amended and
two new subdivisions 1-a and 9 are added to read as follows:
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 such
physician assistant 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) SUCH PHYSICIAN ASSISTANT, LICENSED UNDER SECTION SIXTY-FIVE
HUNDRED FORTY-ONE OF THIS ARTICLE, HAS PRACTICED FOR MORE THAN EIGHT
THOUSAND HOURS WITHIN THE SAME OR A SUBSTANTIALLY SIMILAR SPECIALTY THAT
THE PHYSICIAN ASSISTANT SEEKS TO PRACTICE WITHOUT SUPERVISION, AND:
(I) IS EMPLOYED BY A RURAL EMERGENCY HOSPITAL UNDER 42 USC 1395X(KKK),
OR SUCCESSOR PROVISIONS, OR A GENERAL HOSPITAL AS DEFINED UNDER ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, MEETS THE QUALIFICATIONS OF THE
MEDICAL STAFF BYLAWS OF AND IS CREDENTIALED BY SUCH RURAL EMERGENCY
HOSPITAL OR GENERAL HOSPITAL, AND SUCH RURAL EMERGENCY HOSPITAL OR
GENERAL HOSPITAL GIVES SUCH PHYSICIAN ASSISTANT PRIVILEGES; OR
(II) IS EMPLOYED BY A NON-SURGICAL DIAGNOSTIC AND TREATMENT CENTER AS
DEFINED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW OR PRIMARY
CARE PRACTICE OPERATING AS A PROFESSIONAL CORPORATION, PROFESSIONAL
LIMITED LIABILITY COMPANY, OR PROFESSIONAL PARTNERSHIP, AND SUCH PHYSI-
CIAN ASSISTANT IS PRACTICING IN PRIMARY CARE, WHICH FOR THE PURPOSES OF
THIS PARAGRAPH SHALL MEAN NON-SURGICAL CARE IN THE FIELDS OF GENERAL
PEDIATRICS, GENERAL ADULT MEDICINE, GENERAL GERIATRIC MEDICINE, GENERAL
INTERNAL MEDICINE, MENTAL HEALTH SERVICES OR PSYCHIATRY, GYNECOLOGY,
OBSTETRICS SO LONG AS THE PHYSICIAN ASSISTANT MAINTAINS A COLLABORATIVE
RELATIONSHIP WITH A LICENSED PHYSICIAN WHO HAS OBSTETRIC PRIVILEGES AT A
GENERAL HOSPITAL LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC
HEALTH LAW, FAMILY MEDICINE, URGENT CARE, OR SUCH OTHER RELATED AREAS AS
DETERMINED BY THE COMMISSIONER OF HEALTH.
(B) A PHYSICIAN ASSISTANT PRACTICING INDEPENDENTLY PURSUANT TO THIS
SECTION MAY PERFORM ANY OF THE FOLLOWING FUNCTIONS:
(I) TAKE PATIENT HISTORIES;
(II) PERFORM PHYSICAL EXAMINATIONS;
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(III) TRIAGE PATIENTS BASED ON RECOGNITION OF ABNORMAL VITAL SIGNS,
EXAMINATION FINDINGS, AND/OR GENERAL OBSERVATIONS;
(IV) ORDER DIAGNOSTIC RADIOLOGY, TOXICOLOGY, LABORATORY TESTS AND
SCREENINGS;
(V) PERFORM FEDERAL CLINICAL LABORATORY IMPROVEMENT AMENDMENTS OF 1988
(CLIA) WAIVED LABORATORY TESTS AND SCREENINGS;
(VI) INTERPRET REPORTS GENERATED BY LABORATORY TESTING AND DIAGNOSTIC
RADIOLOGY;
(VII) FORMULATE DIAGNOSES;
(VIII) ADMINISTER CLINICAL INTERVENTIONS WITH INFORMED CONSENT;
(IX) REFER PATIENTS TO OTHER PROFESSIONALS;
(X) COUNSEL PATIENTS AND FAMILY, GUARDIANS AND CAREGIVERS ON PREVENTA-
BLE CONDITIONS AND LIFESTYLE MODIFICATIONS, PROMOTE EARLY DETECTION AND
PREVENTION OF MEDICAL CONDITIONS;
(XI) FOLLOW BEST PRACTICE IMMUNIZATION STANDARDS FOR EVERY PATIENT
POPULATION;
(XII) MANAGE END OF LIFE AND PALLIATIVE CARE IN ACCORDANCE WITH THE
PATIENT'S PREFERENCES AND AUTONOMY, INCLUDING ADVANCED DIRECTIVES;
(XIII) FORMULATE AND IMPLEMENT TREATMENT PLANS IN ACCORDANCE WITH
APPLICABLE PRACTICE GUIDELINES;
(XIV) PROVIDE VIRTUAL CARE VIA TELEHEALTH FOR PATIENTS, INCLUDING
CONDUCTING ASSESSMENTS AND MANAGING ACUTE AND CHRONIC CONDITIONS REMOTE-
LY TO THE EXTENT PERMITTED UNDER STATE AND FEDERAL TELEHEALTH LAWS;
(XV) PROVIDE REMOTE MONITORING AND FOLLOW-UP CARE, UTILIZING TECHNOLO-
GY TO TRACK PATIENT OUTCOMES, MEDICATION ADHERENCE, AND ONGOING MANAGE-
MENT OF HEALTH CONDITIONS;
(XVI) PRESCRIBE, ADMINISTER AND DISPENSE PHARMACOLOGICAL OR DIAGNOSTIC
THERAPIES, INCLUDING CONTROLLED SUBSTANCES, AND MONITOR AND FOLLOW-UP OF
PHARMACOLOGIC REGIMENS, INCLUDING ASSESSING PATIENT ADHERENCE TO
PRESCRIBED DRUG REGIMENS AND ADJUSTING TREATMENTS AS NECESSARY TO ENSURE
OPTIMAL OUTCOMES; OR
(XVII) SUCH OTHER FUNCTIONS AS THE COMMISSIONER OF HEALTH MAY DETER-
MINE.
(C) IN THE EVENT THAT A PHYSICIAN ASSISTANT SEEKS TO PRACTICE INDE-
PENDENTLY IN A SUBSTANTIALLY DIFFERENT SPECIALTY WITHIN ANY RURAL EMER-
GENCY HOSPITAL OR GENERAL HOSPITAL, THE PHYSICIAN ASSISTANT SHALL
COMPLETE AT LEAST EIGHT THOUSAND HOURS OF PRACTICE IN SUCH NEW SPECIALTY
BEFORE SUCH PHYSICIAN ASSISTANT MAY PRACTICE WITHOUT PHYSICIAN SUPER-
VISION PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
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] WHERE SUPERVISION IS REQUIRED BY THIS SECTION, NO physician
shall employ or supervise more than six physician assistants in such
physician's private practice at one time.
4. Nothing in this article shall prohibit a hospital from employing
physician assistants, provided that they work under the supervision of a
physician designated by the hospital and not beyond the scope of prac-
tice of such physician, WHERE SUCH SUPERVISION IS REQUIRED BY THIS
SECTION. The numerical limitation of subdivision three of this section
shall not apply to services performed in a hospital.
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 eight physician assistants in such physician's practice for
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the department of corrections and community supervision at one time,
WHERE SUCH SUPERVISION IS REQUIRED BY THIS SECTION.
9. THE COMMISSIONER AND THE COMMISSIONER OF HEALTH ARE AUTHORIZED TO
PROMULGATE AND UPDATE REGULATIONS PURSUANT TO THIS SECTION.
§ 2. 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;
§ 3. Section 3702 of the public health law, as amended by chapter 48
of the laws of 2012 and subdivision 1 as amended by chapter 520 of the
laws of 2024, 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 the supervision of such physician assistant. Coun-
tersignature of such orders may be required if deemed necessary and
appropriate by the supervising 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] SUCH PHYSICIAN ASSISTANT'S
lawful scope of practice may supervise and direct the withdrawal of
blood for the purpose of determining the alcoholic or drug content ther-
ein 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] SUCH PHYSICIAN
ASSISTANT'S lawful scope of practice, [and to the extent assigned by his
or her supervising physician,] may prescribe controlled substances as a
practitioner under article thirty-three of this chapter[,]. A PHYSICIAN
ASSISTANT WHO IS SUBJECT TO PHYSICIAN SUPERVISION, MAY PRESCRIBE
CONTROLLED SUBSTANCES AS A PRACTITIONER UNDER ARTICLE THIRTY-THREE OF
THIS CHAPTER ONLY TO THE EXTENT ASSIGNED BY THE SUPERVISING PHYSICIAN
AND ONLY to patients under the care of such physician responsible for
[his or her] supervision. The commissioner, in consultation with the
commissioner of education, may promulgate such regulations as are neces-
sary to carry out the purposes of this section.
§ 4. 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.
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§ 5. 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
to such substances, as is permitted by [his] THEIR license, permit or
otherwise permitted by law.
§ 6. 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, PHYSICIAN ASSISTANTS, or nurse
practitioners so employed shall be duly licensed pursuant to applicable
law.
§ 7. Paragraphs (a) and (c) of subdivision 4 of section 4141 of the
public health law, as amended by chapter 153 of the laws of 2011, are
amended to read as follows:
(a) The medical certificate shall be made, dated, and signed by the
physician [or], nurse practitioner, OR PHYSICIAN ASSISTANT, if any, last
in attendance on the deceased.
(c) Any certificate stating the cause of death in terms which the
commissioner declares indefinite shall be returned to the physician,
nurse practitioner, PHYSICIAN ASSISTANT, or person making the medical
certificate for correction and more definite statement.
§ 8. Section 4141-a of the public health law, as amended by chapter
352 of the laws of 2013, is amended to read as follows:
§ 4141-a. Death certificate; duties of hospital administrator. When a
death occurs in a hospital, except in those cases where certificates are
issued by coroners or medical examiners, the person in charge of such
hospital or [his or her] SUCH PERSON'S designated representative shall
promptly present the certificate to the physician [or], nurse practi-
tioner, PHYSICIAN ASSISTANT in attendance, or a physician [or], nurse
practitioner, OR PHYSICIAN ASSISTANT acting [in his or her] ON THEIR
behalf, who shall promptly certify to the facts of death, provide the
medical information required by the certificate, sign the medical
certificate of death, and thereupon return such certificate to such
person, so that the seventy-two hour registration time limit prescribed
in section four thousand one hundred forty of this title can be met;
provided, however that commencing on or after the implementation date
under section forty-one hundred forty-eight of this title, information
and signatures required by this section shall be obtained and made in
accordance with section forty-one hundred forty-eight of this title.
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§ 9. Subdivision (b) of section 4142 of the public health law, as
amended by chapter 153 of the laws of 2011, is amended to read as
follows:
(b) present the certificate promptly to the attending physician [or],
nurse practitioner, OR PHYSICIAN ASSISTANT who shall forthwith certify
to the facts of death, provide the medical information required by the
certificate and sign the medical certificate of death, or to the coroner
or medical examiner in those cases where so required by this article or,
when a death occurs in a hospital, except in those cases where certif-
icates are issued by coroners or medical examiners, to the person in
charge of such hospital or [his or her] SUCH PERSON'S designated repre-
sentative, who shall obtain the medical certificate of death as
prescribed in section four thousand one hundred forty-one-a of this
title;
§ 10. Subdivision 1 of section 4171 of the public health law, as
amended by chapter 153 of the laws of 2011, is amended to read as
follows:
1. Physicians, nurse practitioners, PHYSICIAN ASSISTANTS, nurse-mid-
wives, funeral directors, undertakers and informants, and all other
persons having knowledge of the facts, are hereby required to supply,
upon a form provided by the commissioner or upon the original certif-
icate, such information as they may possess regarding any birth or death
upon demand of the commissioner, in person, by mail, or through the
registrar.
§ 11. Subdivisions 1, 3 and 5 of section 4175 of the public health
law, as amended by chapter 153 of the laws of 2011, are amended to read
as follows:
1. If, at any time after the birth, or within one year of the death,
of any person within the state, a certified copy of the official record
of said birth or death, with the information required to be registered
by this article, is necessary for legal, judicial, or other proper
purposes, and, after search by the commissioner or [his or her] THE
COMMISSIONER'S representatives, it appears that no such certificate of
birth or death was made and filed as provided by this article, then the
commissioner shall immediately require the physician, nurse practition-
er, PHYSICIAN ASSISTANT or nurse-midwife who, being in attendance upon a
birth, failed or neglected to file a certificate thereof, or the funeral
director, undertaker, or other person who, having charge of the inter-
ment or removal of the body of a deceased person, failed or neglected to
file the certificate of death, if [he or she] SUCH PERSON is living, to
obtain and file at once with the local registrar such certificate in as
complete form as the lapse of time will permit.
3. If the physician, nurse practitioner, PHYSICIAN ASSISTANT, nurse-
midwife, funeral director, or undertaker responsible for the report is
deceased or cannot be located, then the person making application for
the certified copy of the record may file such certificate of birth or
death together with such statements subscribed and affirmed by the
persons making them as true under the penalties of perjury and other
evidence as the commissioner may require.
5. The delinquent physician, nurse practitioner, PHYSICIAN ASSISTANT,
nurse-midwife, funeral director, undertaker, or other person may, in the
discretion of the commissioner, be prosecuted as required by this arti-
cle, without bar from the statute of limitations, if [he or she] SUCH
PERSON neglects or fails to file promptly the certificate required by
this section.
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§ 12. 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 implementation of this act on
its effective date are authorized to be made and completed on or before
such effective date.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, or subpart of this part shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder of that subpart or this part, but
shall be confined in its operation to the clause, sentence, paragraph,
subdivision, section, or subpart directly involved in the controversy in
which such judgment shall have been rendered. It is hereby declared to
be the intent of the legislature that this part and each subpart herein
would have been enacted even if such invalid provisions had not been
included herein.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2026; provided,
however, that the applicable effective dates of Subparts A through E of
this act shall be as specifically set forth in the last section of such
Subparts.
PART O
Section 1. Section 1-c of part I of chapter 57 of the laws of 2022
providing a one percent across the board payment increase to all quali-
fying fee-for-service Medicaid rates, as added by section 5 of part F of
chapter 57 of the laws of 2025, is amended to read as follows:
§ 1-c. Notwithstanding any provision of law to the contrary, for the
period April 1, 2025 through March 31, 2026 Medicaid payments made for
clinic service provided by federally qualified health centers and diag-
nostic and treatment centers licensed pursuant to article 28 of the
public health law shall be increased by an aggregate amount of up to
$40,000,000 in addition to any applicable increase contained in section
one of this act subject to the approval of the commissioner of health
and the director of the budget. Notwithstanding any provision of law to
the contrary, for the period April 1, 2026, and thereafter, Medicaid
payments made for clinic service provided by federally qualified health
centers and diagnostic and treatment centers licensed pursuant to arti-
cle [twenty-eight] 28 of the public health law shall be increased by an
aggregate amount of up to [$20,000,000] $60,000,000 in addition to any
applicable increase contained in section one of this act subject to the
approval of the commissioner of health and the director of the budget.
Such rate increases shall be subject to federal financial participation
and the provisions established under section one-f of this act.
§ 2. Section 1-e of part I of chapter 57 of the laws of 2022 providing
a one percent across the board payment increase to all qualifying fee-
for-service Medicaid rates, as amended by section 7 of part F of chapter
57 of the laws of 2025, is amended to read as follows:
§ 1-e. Such increases as added by [the] PART NN OF chapter 57 of the
laws of 2024 [that added this section], PART F OF CHAPTER 57 OF THE LAWS
OF 2025, OR THE CHAPTER OF THE LAWS OF 2026 THAT ADDED SECTION ONE-G TO
THIS ACT may take the form of increased rates of payment in Medicaid
fee-for-service and/or Medicaid managed care, lump sum payments, or
state directed payments under 42 CFR 438.6(c). Such rate increases shall
be subject to federal financial participation and the provisions estab-
lished under section one-f of this act.
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§ 3. Section 1-f of part I of chapter 57 of the laws of 2022 providing
a one percent across the board payment increase to all qualifying fee-
for-service Medicaid rates, as added by section 7 of part F of chapter
57 of the laws of 2025, is amended and a new section 1-g is added to
read as follows:
§ 1-f. Such increases as added by [the] PART F OF chapter 57 of the
laws of 2025 [that added this section] AND THE CHAPTER OF THE LAWS OF
2026 THAT ADDED SECTION ONE-G TO THIS ACT shall be contingent upon the
availability of funds within the healthcare stability fund established
by section 99-ss of the state finance law, AS ADDED BY SECTION 2 OF PART
II OF CHAPTER 57 OF THE LAWS OF 2024 AND LATER RENUMBERED AND AMENDED BY
SECTION 2 OF PART F OF CHAPTER 57 OF THE LAWS OF 2025. Upon a determi-
nation by the director of the budget that the balance of such fund is
projected to be insufficient to support the continuation of such
increases, the commissioner of health, subject to the approval of the
director of the budget, shall take steps necessary to suspend or termi-
nate such increases, until a determination is made that there are suffi-
cient balances to support these increases.
1-G. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
PERIOD APRIL 1, 2026 THROUGH MARCH 31, 2027 MEDICAID PAYMENTS MADE FOR
HOSPITAL SERVICES AND NURSING HOME SERVICES SHALL BE INCREASED BY AN
AGGREGATE AMOUNT OF UP TO $1,500,000,000 IN ADDITION TO THE INCREASE
CONTAINED IN SECTION ONE, ONE-A, AND ONE-B OF THIS ACT, SUBJECT TO THE
APPROVAL OF THE COMMISSIONER OF HEALTH AND THE DIRECTOR OF THE BUDGET.
NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR STATE FISCAL
YEARS BEGINNING APRIL 1, 2027, AND THEREAFTER MEDICAID PAYMENTS MADE FOR
HOSPITAL SERVICES AND NURSING HOME SERVICES SHALL BE INCREASED BY AN
AGGREGATE AMOUNT OF UP TO $1,000,000,000 IN ADDITION TO THE INCREASE
CONTAINED IN SECTION ONE, ONE-A, AND ONE-B OF THIS ACT, SUBJECT TO THE
APPROVAL OF THE COMMISSIONER OF HEALTH AND THE DIRECTOR OF THE BUDGET.
SUCH RATE INCREASES SHALL BE SUBJECT TO FEDERAL FINANCIAL PARTICIPATION
AND THE PROVISIONS ESTABLISHED UNDER SECTION ONE-F OF THIS ACT.
§ 4. This act shall take effect immediately.
PART P
Section 1. 1. Subject to available appropriations and approval of the
director of the budget, the commissioners of the office of mental
health, office for people with developmental disabilities, office of
addiction services and supports, office of temporary and disability
assistance, office of children and family services, and the director of
the state office for the aging (hereinafter "the commissioners") shall
establish a state fiscal year 2026-2027 targeted inflationary increase,
effective April 1, 2026, for projecting for the effects of inflation
upon rates of payments, contracts, or any other form of reimbursement
for the programs and services listed in subdivision four of this
section. The targeted inflationary increase established herein shall be
applied to the appropriate portion of reimbursable costs or contract
amounts. Where appropriate, transfers to the department of health (DOH)
shall be made as reimbursement for the state and/or local share of
medical assistance.
2. Notwithstanding any inconsistent provision of law, subject to the
approval of the director of the budget and available appropriations
therefor, for the period of April 1, 2026 through March 31, 2027, the
commissioners shall provide funding to support a one and seven-tenths
percent (1.7%) targeted inflationary increase under this section for all
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eligible programs and services as determined pursuant to subdivision
four of this section.
3. Notwithstanding any inconsistent provision of law, and as approved
by the director of the budget, the 1.7 percent targeted inflationary
increase established herein shall be inclusive of all other inflationary
increases, cost of living type increases, inflation factors, or trend
factors that are newly applied effective April 1, 2026. Except for the
1.7 percent targeted inflationary increase established herein, for the
period commencing on April 1, 2026 and ending March 31, 2027 the commis-
sioners shall not apply any other new targeted inflationary increases or
cost of living adjustments for the purpose of establishing rates of
payments, contracts or any other form of reimbursement. The phrase "all
other inflationary increases, cost of living type increases, inflation
factors, or trend factors" as defined in this subdivision shall not
include payments made pursuant to the American Rescue Plan Act or other
federal relief programs related to the Coronavirus Disease 2019 (COVID-
19) pandemic public health emergency. This subdivision shall not prevent
the office of children and family services from applying additional
trend factors or staff retention factors to eligible programs and
services under paragraph (v) of subdivision four of this section.
4. Eligible programs and services. (i) Programs and services funded,
licensed, or certified by the office of mental health (OMH) eligible for
the targeted inflationary increase established herein, pending federal
approval where applicable, include: office of mental health licensed
outpatient programs, pursuant to parts 587 and 599 of title 14 CRR-NY of
the office of mental health regulations including clinic (mental health
outpatient treatment and rehabilitative services programs), continuing
day treatment, day treatment, intensive outpatient programs and partial
hospitalization; outreach; crisis residence; crisis stabilization,
crisis/respite beds; mobile crisis, part 590 comprehensive psychiatric
emergency program services; crisis intervention; home based crisis
intervention; family care; residential program services, excluding prop-
erty costs, for supported single room occupancy and community residence
single room occupancy; supported housing programs/services excluding
rent; treatment congregate; supported congregate; community residence -
children and youth; treatment/apartment; supported apartment; on-site
rehabilitation; employment programs; recreation; respite care; transpor-
tation; psychosocial club; assertive community treatment; case manage-
ment; care coordination, including health home plus services; local
government unit administration; monitoring and evaluation; children and
youth vocational services; single point of access; school-based mental
health program; family support children and youth; advocacy/support
services; drop in centers; recovery centers; transition management
services; bridger; home and community based waiver services; behavioral
health waiver services authorized pursuant to the section 1115 MRT waiv-
er; self-help programs; consumer service dollars; conference of local
mental hygiene directors; multicultural initiative; ongoing integrated
supported employment services; supported education; mentally
ill/chemical abuse (MICA) network; personalized recovery oriented
services; children and family treatment and support services; residen-
tial treatment facilities operating pursuant to part 584 of title
14-NYCRR; geriatric demonstration programs; community-based mental
health family treatment and support; coordinated children's service
initiative; homeless services; and promise zones.
(ii) Programs and services funded, licensed, or certified by the
office for people with developmental disabilities (OPWDD) eligible for
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the targeted inflationary increase established herein, pending federal
approval where applicable, include: local/unified services; chapter 620
services; voluntary operated community residential services; article 16
clinics; day treatment services; family support services; 100% day
training; epilepsy services; traumatic brain injury services; hepatitis
B services; independent practitioner services for individuals with
intellectual and/or developmental disabilities; crisis services for
individuals with intellectual and/or developmental disabilities; family
care residential habilitation; supervised residential habilitation;
supportive residential habilitation; respite; day habilitation; prevoca-
tional services; supported employment; community habilitation; interme-
diate care facility day and residential services; specialty hospital;
pathways to employment; intensive behavioral services; community transi-
tion services; family education and training; fiscal intermediary;
support broker; and personal resource accounts.
(iii) Programs and services funded, licensed, or certified by the
office of addiction services and supports (OASAS) eligible for the
targeted inflationary increase established herein, pending federal
approval where applicable, include: medically supervised withdrawal
services - residential; medically supervised withdrawal services -
outpatient; medically managed detoxification; inpatient rehabilitation
services; outpatient opioid treatment; residential opioid treatment;
residential opioid treatment to abstinence; problem gambling treatment;
medically supervised outpatient; outpatient rehabilitation; specialized
services substance abuse programs; home and community based waiver
services pursuant to subdivision 9 of section 366 of the social services
law; children and family treatment and support services; continuum of
care rental assistance case management; supported housing services,
excluding rent, for the following programs: NY/NY III post-treatment
housing, NY/NY III housing for persons at risk for homelessness, and
permanent supported housing; youth clubhouse; recovery community
centers; recovery community organizing initiative; residential rehabili-
tation services for youth (RRSY); intensive residential; community resi-
dential; supportive living; residential services; job placement initi-
ative; case management; family support navigator; local government unit
administration; peer engagement; vocational rehabilitation; HIV early
intervention services; dual diagnosis coordinator; problem gambling
resource centers; problem gambling prevention; prevention resource
centers; primary prevention services; other prevention services; compre-
hensive outpatient clinic; jail-based supports; and regional addiction
resource centers.
(iv) Programs and services funded, licensed, or certified by the
office of temporary and disability assistance (OTDA) eligible for the
targeted inflationary increase established herein, pending federal
approval where applicable, include: the nutrition outreach and education
program (NOEP).
(v) Programs and services funded, licensed, or certified by the office
of children and family services (OCFS) eligible for the targeted infla-
tionary increase established herein, pending federal approval where
applicable, include: programs for which the office of children and fami-
ly services establishes maximum state aid rates pursuant to section
398-a of the social services law and section 4003 of the education law;
emergency foster homes; foster family boarding homes and therapeutic
foster homes; supervised settings as defined by subdivision twenty-two
of section 371 of the social services law; adoptive parents receiving
adoption subsidy pursuant to section 453 of the social services law; and
S. 9007--A 157 A. 10007--A
congregate and scattered supportive housing programs and supportive
services provided under the NY/NY III supportive housing agreement to
young adults leaving or having recently left foster care.
(vi) Programs and services funded, licensed, or certified by the state
office for the aging (SOFA) eligible for the targeted inflationary
increase established herein, pending federal approval where applicable,
include: community services for the elderly; expanded in-home services
for the elderly; and the wellness in nutrition program.
5. Each local government unit or direct contract provider receiving
funding for the targeted inflationary increase established herein shall
submit a written certification, in such form and at such time as each
commissioner shall prescribe, attesting how such funding will be or was
used to first promote the recruitment and retention of support staff,
direct care staff, clinical staff, non-executive administrative staff,
or respond to other critical non-personal service costs prior to
supporting any salary increases or other compensation for executive
level job titles.
6. Notwithstanding any inconsistent provision of law to the contrary,
agency commissioners shall be authorized to recoup funding from a local
governmental unit or direct contract provider for the targeted infla-
tionary increase established herein determined to have been used in a
manner inconsistent with the appropriation, or any other provision of
this section. Such agency commissioners shall be authorized to employ
any legal mechanism to recoup such funds, including an offset of other
funds that are owed to such local governmental unit or direct contract
provider.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2026.
PART Q
Section 1. The mental hygiene law is amended by adding a new section
36.08 to read as follows:
§ 36.08 INTEGRATED BEHAVIORAL HEALTH SERVICES PROGRAMS.
(A) DEFINITIONS. FOR THE PURPOSE OF THIS ARTICLE:
(1) "INTEGRATED BEHAVIORAL HEALTH SERVICES" SHALL MEAN THE SYSTEMATIC
COORDINATION OF EVIDENCE-BASED SERVICES FOR THE CARE AND TREATMENT OF
MENTAL ILLNESS AND ADDICTIVE DISORDERS, PROVIDED, HOWEVER, THAT THE
SCOPE OF SUCH SERVICES MAY BE RESTRICTED PURSUANT TO REGULATION AS
AUTHORIZED BY THIS ARTICLE.
(2) "INTEGRATED BEHAVIORAL HEALTH SERVICES PROGRAM" MEANS A PROGRAM
APPROVED IN ACCORDANCE WITH THIS SECTION TO PROVIDE INTEGRATED BEHAV-
IORAL HEALTH SERVICES.
(B) NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY, THE
COMMISSIONER OF MENTAL HEALTH AND THE COMMISSIONER OF ADDICTION SERVICES
AND SUPPORTS SHALL BE AUTHORIZED TO JOINTLY LICENSE INTEGRATED BEHAV-
IORAL HEALTH SERVICES PROGRAMS.
(C) THE COMMISSIONER OF MENTAL HEALTH AND THE COMMISSIONER OF
ADDICTION SERVICES AND SUPPORTS SHALL PROMULGATE JOINT REGULATIONS
NECESSARY FOR THE OPERATION OF INTEGRATED BEHAVIORAL HEALTH SERVICES
PROGRAMS ESTABLISHED UNDER THIS SECTION. SUCH REGULATIONS SHALL INCLUDE
LICENSING STANDARDS AND REQUIREMENTS, INCLUDING BUT NOT LIMITED TO:
(1) SCOPE OF INTEGRATED BEHAVIORAL HEALTH SERVICES, INCLUDING ASSOCI-
ATED PHYSICAL HEALTH SERVICES;
(2) PROGRAMMATIC STANDARDS;
S. 9007--A 158 A. 10007--A
(3) CREATION OF AN APPLICATION REVIEW AND OVERSIGHT PROCESS FOR INTE-
GRATED BEHAVIORAL HEALTH SERVICES PROGRAMS;
(4) CONSTRUCTION OF INTEGRATED BEHAVIORAL HEALTH SERVICES FACILITIES;
(5) FACILITATION OF INTEGRATED TREATMENT RECORDS THAT COMPLY WITH
APPLICABLE FEDERAL AND STATE CONFIDENTIALITY REQUIREMENTS;
(6) DEVELOPMENT OF BILLING AND REIMBURSEMENT STRUCTURES SUPPORTIVE OF
INTEGRATED BEHAVIORAL HEALTH SERVICES;
(7) PHYSICAL PLANT STANDARDS TO FOSTER PROPER CARE AND TREATMENT;
(8) CORPORATE STRUCTURE AND GOVERNANCE;
(9) UTILIZATION REVIEW;
(10) PATIENT RIGHTS;
(11) STAFFING REQUIREMENTS; AND
(12) STANDARDS FOR INCIDENT REPORTING, INFORMATION SHARING, AND REME-
DIATION PURSUANT TO ARTICLE ELEVEN OF THE SOCIAL SERVICES LAW.
(D) THE OFFICE OF ADDICTION SERVICES AND SUPPORTS AND THE OFFICE OF
MENTAL HEALTH SHALL BE JOINTLY AUTHORIZED TO ADOPT A SINGLE PROCESS FOR
THE SUSPENSION, REVOCATION, OR LIMITATION OF A LICENSE ISSUED PURSUANT
TO THIS SECTION, CONSISTENT WITH THE PROCEDURES UNDER ARTICLE THIRTY-TWO
OF THIS CHAPTER.
(E) (1) A PROVIDER SHALL NOT BE AUTHORIZED TO PROVIDE INTEGRATED
BEHAVIORAL HEALTH SERVICES UNLESS THEY HAVE SUFFICIENTLY DEMONSTRATED,
CONSISTENT WITH THE STANDARDS AND REQUIREMENTS SET FORTH BY THE COMMIS-
SIONER OF MENTAL HEALTH AND THE COMMISSIONER OF ADDICTION SERVICES AND
SUPPORTS:
(I) EXPERIENCE IN THE DELIVERY OF MENTAL HEALTH AND ADDICTION
SERVICES;
(II) THE CAPACITY TO PROVIDE INTEGRATED BEHAVIORAL HEALTH SERVICES IN
EACH LOCATION APPROVED BY BOTH THE COMMISSIONER OF MENTAL HEALTH AND THE
COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS; AND
(III) COMPLIANCE WITH STANDARDS ESTABLISHED PURSUANT TO THIS SECTION
FOR PROVIDING AND RECEIVING PAYMENT FOR INTEGRATED BEHAVIORAL HEALTH
SERVICES.
(2) INTEGRATED BEHAVIORAL HEALTH SERVICE PROVIDERS SHALL BE CONSIDERED
CONTRACTED, APPROVED OR OTHERWISE AUTHORIZED BY THE OFFICE OF ADDICTION
SERVICES AND SUPPORTS AND THE OFFICE OF MENTAL HEALTH FOR THE PURPOSE OF
SECTIONS 19.20, 19.20-A, AND 31.35 OF THIS CHAPTER, AS APPLICABLE.
PROVIDERS SHALL BE REQUIRED TO COMPLY WITH THE REVIEW OF CRIMINAL HISTO-
RY INFORMATION, AS REQUIRED IN SUCH SECTIONS, AND CONSISTENT WITH
SECTION 36.06 OF THIS ARTICLE FOR PROSPECTIVE OWNERS, OPERATORS, EMPLOY-
EES OR VOLUNTEERS WHO WILL HAVE REGULAR AND SUBSTANTIAL UNSUPERVISED OR
UNRESTRICTED PHYSICAL CONTACT WITH CLIENTS OF SUCH PROVIDER RECEIVING
BEHAVIORAL HEALTH SERVICES. THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS AND THE OFFICE OF MENTAL HEALTH, IN CONSULTATION WITH THE
JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS, SHALL
JOINTLY PROMULGATE REGULATIONS ESTABLISHING THE PROCESS BY WHICH A
PROVIDER SHALL COMPLY WITH THIS PARAGRAPH.
(3) THE COMMISSIONER OF MENTAL HEALTH AND THE COMMISSIONER OF
ADDICTION SERVICES AND SUPPORTS SHALL BE AUTHORIZED TO PROMULGATE ADDI-
TIONAL REGULATIONS NECESSARY TO IMPLEMENT INTEGRATED BEHAVIORAL HEALTH
SERVICES PROGRAMS CONSISTENT WITH THIS SECTION.
§ 2. Subdivision 4 of section 488 of the social services law is
amended by adding a new paragraph (a-1) to read as follows:
(A-1) AN INTEGRATED BEHAVIORAL HEALTH SERVICES PROGRAM THAT IS
LICENSED UNDER SECTION 36.08 OF THE MENTAL HYGIENE LAW;
S. 9007--A 159 A. 10007--A
§ 3. Subdivision 1 of section 2801 of the public health law, as
amended by section 2 of part E of chapter 57 of the laws of 2023, 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] ADDICTION 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
OR JOINTLY with the commissioner of the office of mental health, the
commissioner of the office of [alcoholism and substance abuse services]
ADDICTION SERVICES AND SUPPORTS and the commissioner of the office for
people with developmental disabilities AS APPLICABLE, including regu-
lations 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; (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 accord-
ance with regulations issued by the commissioner in consultation OR
JOINTLY with the commissioner of the office of mental health, the
commissioner of the office of [alcoholism and substance abuse services
and] ADDICTION SERVICES AND SUPPORTS OR the commissioner of the office
for people with developmental disabilities AS APPLICABLE, 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, AS AMENDED BY A CHAPTER OF
THE LAWS OF TWO THOUSAND TWENTY-SIX; OR (C) APPLY TO AN INTEGRATED
BEHAVIORAL HEALTH SERVICES PROGRAM, AS DEFINED BY SECTION 36.08 OF THE
MENTAL HYGIENE LAW.
S. 9007--A 160 A. 10007--A
§ 4. Subdivision (f) of section 31.02 of the mental hygiene law, as
amended by section 2 of part Z of chapter 57 of the laws of 2019, is
amended to read as follows:
(f) No provision of this article or any other provision of law shall
be construed to require a provider licensed pursuant to article twenty-
eight of the public health law or certified pursuant to article sixteen
or article thirty-two of this chapter to obtain an operating certificate
from the office of mental health if such provider has been authorized to
provide integrated services in accordance with regulations issued by the
commissioner of the office of mental health in consultation OR JOINTLY
with the commissioner of the department of health, the commissioner of
the office of [alcoholism and substance abuse services and] ADDICTION
SERVICES AND SUPPORTS OR the commissioner of the office for people with
developmental disabilities AS APPLICABLE, 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, AS AMENDED BY A CHAPTER OF THE LAWS OF TWO THOUSAND
TWENTY-SIX. FURTHERMORE, NO PROVISION OF THIS SECTION SHALL BE
CONSTRUED TO APPLY TO INTEGRATED BEHAVIORAL HEALTH SERVICES PROGRAMS, AS
DEFINED BY SECTION 36.08 OF THIS TITLE.
§ 5. Subdivision (b) of section 32.05 of the mental hygiene law, as
amended by section 3 of part Z of chapter 57 of the laws of 2019 and
paragraph (i) as amended by chapter 511 of the laws of 2025, is amended
to read as follows:
(b) (i) Methadone, or such other controlled substance designated by
the commissioner of health as appropriate for such use, may be adminis-
tered to a person with substance use disorder, as defined in section
thirty-three hundred two of the public health law, by individual physi-
cians, groups of physicians and public or private medical facilities
certified pursuant to article twenty-eight or thirty-three of the public
health law as part of a chemical dependence program which has been
issued an operating certificate by the commissioner pursuant to subdivi-
sion (b) of section 32.09 of this article, provided, however, that such
administration must be done in accordance with all applicable federal
and state laws and regulations. Individual physicians or groups of
physicians who have obtained authorization from the federal government
to administer buprenorphine to people with substance use disorder may do
so without obtaining an operating certificate from the commissioner.
(ii) No provision of this article or any other provision of law shall be
construed to require a provider licensed pursuant to article twenty-
eight of the public health law, article thirty-one of this chapter or a
provider certified pursuant to article sixteen of this chapter to obtain
an operating certificate from the office of [alcoholism and substance
abuse services] ADDICTION SERVICES AND SUPPORTS if such provider has
been authorized to provide integrated services in accordance with regu-
lations issued by the commissioner of [alcoholism and substance abuse
services] ADDICTION SERVICES AND SUPPORTS in consultation OR JOINTLY
with the commissioner of the department of health, OR the commissioner
of the office of mental health and the commissioner of the office for
people with developmental disabilities AS APPLICABLE, including regu-
lations 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, AS AMENDED BY A CHAPTER OF THE LAWS
OF TWO THOUSAND TWENTY-SIX. FURTHERMORE, NO PROVISION OF THIS SECTION
SHALL BE CONSTRUED TO APPLY TO INTEGRATED BEHAVIORAL HEALTH SERVICES
PROGRAMS, AS DEFINED BY SECTION 36.08 OF THIS TITLE.
S. 9007--A 161 A. 10007--A
§ 6. Subdivisions (a) and (b) of section 43.02 of the mental hygiene
law, as amended by section 3 of part OO of chapter 58 of the laws of
2015, are amended to read as follows:
(a) Notwithstanding any inconsistent provision of law, payment made by
government agencies pursuant to title eleven of article five of the
social services law for services provided by any facility licensed by
the office of mental health pursuant to article thirty-one of this chap-
ter [or], certified by the office of [alcoholism and substance abuse]
ADDICTION services AND SUPPORTS pursuant to this chapter to provide
inpatient chemical dependence services, as defined in section 1.03 of
this chapter, OR FACILITIES JOINTLY LICENSED BY THE OFFICE OF MENTAL
HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS PURSUANT TO
ARTICLE THIRTY-SIX OF THIS TITLE, shall be at rates or fees certified by
the commissioner of the respective office OR OFFICES and approved by the
director of the division of the budget, provided, however, the commis-
sioner of mental health shall annually certify such rates or fees which
may vary for distinct geographical areas of the state and, provided,
further, that rates or fees for service for inpatient psychiatric
services or inpatient chemical dependence services, at hospitals other-
wise licensed pursuant to article twenty-eight of the public health law
shall be established in accordance with section two thousand eight
hundred seven of the public health law and, provided, further, that
rates or fees for services provided by any facility or program licensed,
operated or approved by the office for people with developmental disa-
bilities, shall be certified by the commissioner of health; provided,
however, that such methodologies shall be subject to approval by the
office for people with developmental disabilities and shall take into
account the policies and goals of such office.
(b) Operators of facilities licensed by the office of mental health
pursuant to article thirty-one of this chapter, licensed by the office
for people with developmental disabilities pursuant to article sixteen
of this chapter [or], certified by the office of [alcoholism and
substance abuse] ADDICTION services AND SUPPORTS pursuant to this chap-
ter to provide inpatient chemical dependence services, OR FACILITIES
JOINTLY LICENSED BY THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF
ADDICTION SERVICES AND SUPPORTS PURSUANT TO ARTICLE THIRTY-SIX OF THIS
TITLE, shall provide to the commissioner of the respective office OR
OFFICES such financial, statistical and program information as the
commissioner may determine to be necessary. The commissioner of the
appropriate office OR OFFICES shall have the power to conduct on-site
audits of books and records of such facilities.
§ 7. This act shall take effect April 1, 2026.
PART R
Section 1. Subsection (c) of section 309 of the insurance law, as
added by chapter 41 of the laws of 2014, is amended to read as follows:
(c) As part of an examination, the superintendent shall review deter-
minations of coverage for [substance use disorder treatment] SUBSTANCE-
RELATED AND ADDICTIVE DISORDER SERVICES and shall ensure that such
determinations are issued in compliance with sections three thousand two
hundred sixteen, three thousand two hundred twenty-one, four thousand
three hundred three, and title one of article forty-nine of this chap-
ter.
§ 2. Section 343 of the insurance law, as added by chapter 207 of the
laws of 2019, is amended to read as follows:
S. 9007--A 162 A. 10007--A
§ 343. Mental health and [substance use] SUBSTANCE-RELATED AND ADDIC-
TIVE disorder SERVICES parity report. (a) Beginning July first, two
thousand nineteen and every two years thereafter, each insurer providing
managed care products, individual comprehensive accident and health
insurance or group or blanket comprehensive accident and health insur-
ance, each corporation organized pursuant to article forty-three of this
chapter providing comprehensive health insurance and each entity
licensed pursuant to article forty-four of the public health law provid-
ing comprehensive health service plans shall submit to the superinten-
dent, in a form and manner prescribed by the superintendent, a report
detailing the entity's compliance with federal and state mental health
and [substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder SERVICES
parity laws based on the entity's record during the preceding two calen-
dar years. The superintendent shall publish on the department's website
on or before October first, two thousand nineteen, and every two years
thereafter, the reports submitted pursuant to this section.
(b) Each person required to submit a report under this section shall
include in the report the following information:
(1) Rates of utilization review for mental health and [substance use]
SUBSTANCE-RELATED AND ADDICTIVE disorder claims as compared to medical
and surgical claims, including rates of approval and denial, categorized
by benefits provided under the following classifications: inpatient
in-network, inpatient out-of-network, outpatient in-network, outpatient
out-of-network, emergency care, and prescription drugs;
(2) The number of prior or concurrent authorization requests for
mental health services and for [substance use] SUBSTANCE-RELATED AND
ADDICTIVE disorder services and the number of denials for such requests,
compared with the number of prior or concurrent authorization requests
for medical and surgical services and the number of denials for such
requests, categorized by the same classifications identified in para-
graph one of this subsection;
(3) The rates of appeals of adverse determinations, including the
rates of adverse determinations upheld and overturned, for mental health
claims and [substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder
claims compared with the rates of appeals of adverse determinations,
including the rates of adverse determinations upheld and overturned, for
medical and surgical claims;
(4) The percentage of claims paid for in-network mental health
services and for [substance use] SUBSTANCE-RELATED AND ADDICTIVE disor-
der services compared with the percentage of claims paid for in-network
medical and surgical services and the percentage of claims paid for
out-of-network mental health services and [substance use] SUBSTANCE-RE-
LATED AND ADDICTIVE disorder services compared with the percentage of
claims paid for out-of-network medical and surgical services;
(5) The number of behavioral health advocates, pursuant to an agree-
ment with the office of the attorney general if applicable, or staff
available to assist policyholders with mental health benefits and
[substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder benefits;
(6) A comparison of the cost sharing requirements including but not
limited to co-pays and coinsurance, and the benefit limitations includ-
ing limitations on the scope and duration of coverage, for medical and
surgical services, and mental health services and [substance use]
SUBSTANCE-RELATED AND ADDICTIVE disorder services for coverage in the
individual, small group, and large group markets, provided that the
comparison captures at least seventy-five percent of a company's enrol-
lees in each market;
S. 9007--A 163 A. 10007--A
(7) The number by type of providers licensed to practice in this state
that provide services for the treatment and diagnosis of [substance use]
SUBSTANCE-RELATED AND ADDICTIVE disorder who are in-network, and the
number by type of providers licensed to practice in this state that
provide services for the diagnosis and treatment of mental, nervous or
emotional disorders and ailments, however defined in a company's policy,
who are in-network;
(8) The percentage of providers of services for the treatment and
diagnosis of [substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder
who remained participating providers, and the percentage of providers of
services for the diagnosis and treatment of mental, nervous or emotional
disorders and ailments, however defined in a company's policy, who
remained participating providers; and
(9) Any other data, information, or metric the superintendent deems
necessary or useful to measure compliance with mental health and
[substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder parity includ-
ing, but not limited to an evaluation and assessment of: (i) the adequa-
cy of the company's in-network mental health services and [substance
use] SUBSTANCE-RELATED AND ADDICTIVE disorder provider panels pursuant
to provisions of the insurance law and public health law; and (ii) the
company's reimbursement for in-network and out-of-network mental health
services and [substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder
services as compared to the reimbursement for in-network and out-of-net-
work medical and surgical services.
§ 3. Section 344 of the insurance law, as added by section 1 of part
QQQ of chapter 58 of the laws of 2020, is amended to read as follows:
§ 344. Mental health and [substance use] SUBSTANCE-RELATED AND ADDIC-
TIVE disorder parity compliance programs. Penalties collected for
violations of section three thousand two hundred sixteen, three thousand
two hundred twenty-one and four thousand three hundred three of this
chapter related to mental health and [substance use] SUBSTANCE-RELATED
AND ADDICTIVE disorder parity compliance shall be deposited in a fund
established pursuant to section ninety-nine-hh of the state finance law.
§ 4. Paragraph 30 of subsection (i) of section 3216 of the insurance
law, as amended by section 5 of subpart AA of part BB of chapter 57 of
the laws of 2019, is amended to read as follows:
(30)(A) Every policy that provides hospital, major medical or similar
comprehensive coverage shall provide inpatient coverage for the diagno-
sis and treatment of [substance use] SUBSTANCE-RELATED AND ADDICTIVE
disorder, including detoxification and rehabilitation services. Such
inpatient coverage shall include unlimited medically necessary treatment
for [substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder treatment
services provided in residential settings. Further, such inpatient
coverage shall not apply financial requirements or treatment limita-
tions, including utilization review requirements, to inpatient
[substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder benefits that
are more restrictive than the predominant financial requirements and
treatment limitations applied to substantially all medical and surgical
benefits covered by the policy.
(B) Coverage provided under this paragraph may be limited to facili-
ties in New York state that are licensed, certified or otherwise author-
ized by the office of [alcoholism and substance abuse services]
ADDICTION SERVICES AND SUPPORTS and, in other states, to those which are
accredited by the joint commission as alcoholism, ADDICTION, substance
abuse, or chemical dependence treatment programs and are similarly
S. 9007--A 164 A. 10007--A
licensed, certified or otherwise authorized in the state in which the
facility is located.
(C) Coverage provided under this paragraph may be subject to annual
deductibles and co-insurance as deemed appropriate by the superintendent
and that are consistent with those imposed on other benefits within a
given policy.
(D) This subparagraph shall apply to facilities in this state that are
licensed, certified or otherwise authorized by the office of [alcoholism
and substance abuse services] ADDICTION SERVICES AND SUPPORTS that are
participating in the insurer's provider network. Coverage provided under
this paragraph shall not be subject to preauthorization. Coverage
provided under this paragraph shall also not be subject to concurrent
utilization review during the first twenty-eight days of the inpatient
admission provided that the facility notifies the insurer of both the
admission and the initial treatment plan within two business days of the
admission. The facility shall perform daily clinical review of the
patient, including periodic consultation with the insurer at or just
prior to the fourteenth day of treatment to ensure that the facility is
using the evidence-based and peer reviewed clinical review tool utilized
by the insurer which is designated by the office of [alcoholism and
substance abuse services] ADDICTION SERVICES AND SUPPORTS and appropri-
ate to the age of the patient, to ensure that the inpatient treatment is
medically necessary for the patient. Prior to discharge, the facility
shall provide the patient and the insurer with a written discharge plan
which shall describe arrangements for additional services needed follow-
ing discharge from the inpatient facility as determined using the
evidence-based and peer-reviewed clinical review tool utilized by the
insurer which is designated by the office of [alcoholism and substance
abuse services] ADDICTION SERVICES AND SUPPORTS. Prior to discharge,
the facility shall indicate to the insurer whether services included in
the discharge plan are secured or determined to be reasonably available.
Any utilization review of treatment provided under this subparagraph may
include a review of all services provided during such inpatient treat-
ment, including all services provided during the first twenty-eight days
of such inpatient treatment. Provided, however, the insurer shall only
deny coverage for any portion of the initial twenty-eight day inpatient
treatment on the basis that such treatment was not medically necessary
if such inpatient treatment was contrary to the evidence-based and peer
reviewed clinical review tool utilized by the insurer which is desig-
nated by the office of [alcoholism and substance abuse services]
ADDICTION SERVICES AND SUPPORTS. An insured shall not have any finan-
cial obligation to the facility for any treatment under this subpara-
graph other than any copayment, coinsurance, or deductible otherwise
required under the policy.
(E) An insurer shall make available to any insured, prospective
insured, or in-network provider, upon request, the criteria for medical
necessity determinations under the policy with respect to inpatient
[substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder benefits.
(F) For purposes of this paragraph:
(i) "financial requirement" means deductible, copayments, coinsurance
and out-of-pocket expenses;
(ii) "predominant" means that a financial requirement or treatment
limitation is the most common or frequent of such type of limit or
requirement;
(iii) "treatment limitation" means limits on the frequency of treat-
ment, number of visits, days of coverage, or other similar limits on the
S. 9007--A 165 A. 10007--A
scope or duration of treatment and includes nonquantitative treatment
limitations such as: medical management standards limiting or excluding
benefits based on medical necessity, or based on whether the treatment
is experimental or investigational; formulary design for prescription
drugs; network tier design; standards for provider admission to partic-
ipate in a network, including reimbursement rates; methods for determin-
ing usual, customary, and reasonable charges; fail-first or step therapy
protocols; exclusions based on failure to complete a course of treat-
ment; and restrictions based on geographic location, facility type,
provider specialty, and other criteria that limit the scope or duration
of benefits for services provided under the policy; and
(iv) "[substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder" shall
have the meaning set forth in the most recent edition of the diagnostic
and statistical manual of mental disorders or the most recent edition of
another generally recognized independent standard of current medical
practice, such as the international classification of diseases.
(G) An insurer shall provide coverage under this paragraph, at a mini-
mum, consistent with the federal Paul Wellstone and Pete Domenici Mental
Health Parity and Addiction Equity Act of 2008 (29 U.S.C. § 1185a).
§ 5. Paragraph 31 of subsection (i) of section 3216 of the insurance
law, as amended by section 6 of subpart A of part BB of chapter 57 of
the laws of 2019, subparagraph (B) as amended by section 10 and subpara-
graph (I) as added by section 11 of part AA of chapter 57 of the laws of
2021, and subparagraph (J) as amended by chapter 660 of the laws of
2025, is amended to read as follows:
(31) (A) Every policy that provides medical, major medical or similar
comprehensive-type coverage shall provide outpatient coverage for the
diagnosis and treatment of [substance use] SUBSTANCE-RELATED AND ADDIC-
TIVE disorder, including detoxification and rehabilitation services.
Such coverage shall not apply financial requirements or treatment limi-
tations to outpatient [substance use] SUBSTANCE-RELATED AND ADDICTIVE
disorder benefits that are more restrictive than the predominant finan-
cial requirements and treatment limitations applied to substantially all
medical and surgical benefits covered by the policy.
(B) Coverage under this paragraph may be limited to facilities in this
state that are licensed, certified or otherwise authorized by the office
of addiction services and supports to provide outpatient [substance use]
SUBSTANCE-RELATED AND ADDICTIVE disorder services and crisis stabiliza-
tion centers licensed pursuant to section 36.01 of the mental hygiene
law, and, in other states, to those which are accredited by the joint
commission as alcoholism, ADDICTION or chemical dependence substance
abuse treatment programs and are similarly licensed, certified, or
otherwise authorized in the state in which the facility is located.
(C) Coverage provided under this paragraph may be subject to annual
deductibles and co-insurance as deemed appropriate by the superintendent
and that are consistent with those imposed on other benefits within a
given policy.
(D) A policy providing coverage for [substance use] SUBSTANCE-RELATED
AND ADDICTIVE disorder services pursuant to this paragraph shall provide
up to twenty outpatient visits per policy or calendar year to an indi-
vidual who identifies [him or herself] THEMSELVES as a family member of
a person suffering from [substance use] SUBSTANCE-RELATED AND ADDICTIVE
disorder and who seeks treatment as a family member who is otherwise
covered by the applicable policy pursuant to this paragraph. The cover-
age required by this paragraph shall include treatment as a family
S. 9007--A 166 A. 10007--A
member pursuant to such family member's own policy provided such family
member:
(i) does not exceed the allowable number of family visits provided by
the applicable policy pursuant to this paragraph; and
(ii) is otherwise entitled to coverage pursuant to this paragraph and
such family member's applicable policy.
(E) This subparagraph shall apply to facilities in this state that are
licensed, certified or otherwise authorized by the office of [alcoholism
and substance abuse services] ADDICTION SERVICES AND SUPPORTS for the
provision of outpatient, intensive outpatient, outpatient rehabilitation
and opioid treatment that are participating in the insurer's provider
network. Coverage provided under this paragraph shall not be subject to
preauthorization. Coverage provided under this paragraph shall not be
subject to concurrent review for the first four weeks of continuous
treatment, not to exceed twenty-eight visits, provided the facility
notifies the insurer of both the start of treatment and the initial
treatment plan within two business days. The facility shall perform
clinical assessment of the patient at each visit, including periodic
consultation with the insurer at or just prior to the fourteenth day of
treatment to ensure that the facility is using the evidence-based and
peer reviewed clinical review tool utilized by the insurer which is
designated by the office of [alcoholism and substance abuse services]
ADDICTION SERVICES AND SUPPORTS and appropriate to the age of the
patient, to ensure that the outpatient treatment is medically necessary
for the patient. Any utilization review of the treatment provided under
this subparagraph may include a review of all services provided during
such outpatient treatment, including all services provided during the
first four weeks of continuous treatment, not to exceed twenty-eight
visits, of such outpatient treatment. Provided, however, the insurer
shall only deny coverage for any portion of the initial four weeks of
continuous treatment, not to exceed twenty-eight visits, for outpatient
treatment on the basis that such treatment was not medically necessary
if such outpatient treatment was contrary to the evidence-based and peer
reviewed clinical review tool utilized by the insurer which is desig-
nated by the office of [alcoholism and substance abuse services]
ADDICTION SERVICES AND SUPPORTS. An insured shall not have any finan-
cial obligation to the facility for any treatment under this subpara-
graph other than any copayment, coinsurance, or deductible otherwise
required under the policy.
(F) The criteria for medical necessity determinations under the policy
with respect to outpatient [substance use] SUBSTANCE-RELATED AND ADDIC-
TIVE disorder benefits shall be made available by the insurer to any
insured, prospective insured, or in-network provider upon request.
(G) For purposes of this paragraph:
(i) "financial requirement" means deductible, copayments, coinsurance
and out-of-pocket expenses;
(ii) "predominant" means that a financial requirement or treatment
limitation is the most common or frequent of such type of limit or
requirement;
(iii) "treatment limitation" means limits on the frequency of treat-
ment, number of visits, days of coverage, or other similar limits on the
scope or duration of treatment and includes nonquantitative treatment
limitations such as: medical management standards limiting or excluding
benefits based on medical necessity, or based on whether the treatment
is experimental or investigational; formulary design for prescription
drugs; network tier design; standards for provider admission to partic-
S. 9007--A 167 A. 10007--A
ipate in a network, including reimbursement rates; methods for determin-
ing usual, customary, and reasonable charges; fail-first or step therapy
protocols; exclusions based on failure to complete a course of treat-
ment; and restrictions based on geographic location, facility type,
provider specialty, and other criteria that limit the scope or duration
of benefits for services provided under the policy; and
(iv) ["substance use] "SUBSTANCE-RELATED AND ADDICTIVE disorder" shall
have the meaning set forth in the most recent edition of the diagnostic
and statistical manual of mental disorders or the most recent edition of
another generally recognized independent standard of current medical
practice such as the international classification of diseases.
(H) An insurer shall provide coverage under this paragraph, at a mini-
mum, consistent with the federal Paul Wellstone and Pete Domenici Mental
Health Parity and Addiction Equity Act of 2008 (29 U.S.C. § 1185a).
(I) This subparagraph shall apply to crisis stabilization centers in
this state that are licensed pursuant to section 36.01 of the mental
hygiene law and participate in the insurer's provider network. Benefits
for care in a crisis stabilization center shall not be subject to preau-
thorization. All treatment provided under this subparagraph may be
reviewed retrospectively. Where care is denied retrospectively, an
insured shall not have any financial obligation to the facility for any
treatment under this subparagraph other than any copayment, coinsurance,
or deductible otherwise required under the policy.
(J) This subparagraph shall apply to facilities in this state that are
licensed, certified, or otherwise authorized by the office of addiction
services and supports for the provision of outpatient, intensive outpa-
tient, outpatient rehabilitation and opioid treatment that are partic-
ipating in the insurer's provider network. Reimbursement for covered
outpatient treatment provided by such facilities shall be at rates nego-
tiated between the insurer and the participating facility, provided that
such rates are not less than the rates that would be paid for such
treatment pursuant to the medical assistance program under title eleven
of article five of the social services law. For the purposes of this
subparagraph, the rates that would be paid for such treatment pursuant
to the medical assistance program under title eleven of article five of
the social services law shall be set forth in a fee schedule setting
forth the specific fee for each individual service covered by this
subparagraph published by the office of addiction services and supports
by November first of the preceding calendar year and shall be the rates
with an effective date of April first of the preceding year, which shall
be established prior to October first of the preceding calendar year.
Prior to the submission of premium rate filings and applications, the
superintendent shall provide insurers with guidance on factors to
consider in calculating the impact of rate changes for the purposes of
submitting premium rate filings and applications to the superintendent
for the subsequent policy year. To the extent that the rates with an
effective date of April first differ from the estimated rates incorpo-
rated in premium rate filings and applications, insurers may account for
such differences in future premium rate filings and applications submit-
ted to the superintendent for approval.
§ 6. Paragraph 31-a of subsection (i) of section 3216 of the insurance
law, as added by chapter 748 of the laws of 2019, and subparagraph (A)
as amended by section 1 of subpart E of part II of chapter 57 of the
laws of 2023, is amended to read as follows:
(31-a) (A) No policy that provides medical, major medical or similar
comprehensive-type coverage and provides coverage for prescription drugs
S. 9007--A 168 A. 10007--A
for medication for the treatment of a [substance use] SUBSTANCE-RELATED
AND ADDICTIVE disorder shall require prior authorization for an initial
or renewal prescription for the detoxification or maintenance treatment
of a [substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder, including
all buprenorphine products, methadone, long acting injectable naltrex-
one, or medication for opioid overdose reversal prescribed or dispensed
to an insured covered under the policy, including federal food and drug
administration-approved over-the-counter opioid overdose reversal medi-
cation as prescribed, dispensed or as otherwise authorized under state
or federal law, except where otherwise prohibited by law.
(B) Coverage provided under this paragraph may be subject to copay-
ments, coinsurance, and annual deductibles that are consistent with
those imposed on other benefits within the policy.
§ 7. Paragraph 17 of subsection (a) of section 3217-a of the insurance
law, as amended by section 2 of subpart B of part AA of chapter 57 of
the laws of 2022, is amended to read as follows:
(17) where applicable, a listing by specialty, which may be in a sepa-
rate document that is updated annually, of the name, address, telephone
number, and digital contact information of all participating providers,
including facilities, and: (A) whether the provider is accepting new
patients; (B) in the case of mental health or [substance use]
SUBSTANCE-RELATED AND ADDICTIVE disorder services providers, any affil-
iations with participating facilities certified or authorized by the
office of mental health or the office of addiction services and
supports, and any restrictions regarding the availability of the indi-
vidual provider's services; and (C) in the case of physicians, board
certification, languages spoken and any affiliations with participating
hospitals. The listing shall also be posted on the insurer's website and
the insurer shall update the website within fifteen days of the addition
or termination of a provider from the insurer's network or a change in a
physician's hospital affiliation;
§ 8. Subsection (m) of section 3217-b of the insurance law, as added
by section 3 of subpart B of part AA of chapter 57 of the laws of 2022,
is amended to read as follows:
(m) A contract between an insurer and a health care provider shall
include a provision that requires the health care provider to have in
place business processes to ensure the timely provision of provider
directory information to the insurer. A health care provider shall
submit such provider directory information to an insurer, at a minimum,
when a provider begins or terminates a network agreement with an insur-
er, when there are material changes to the content of the provider
directory information of the health care provider, and at any other
time, including upon the insurer's request, as the health care provider
determines to be appropriate. For purposes of this subsection, "provider
directory information" shall include the name, address, specialty, tele-
phone number, and digital contact information of such health care
provider; whether the provider is accepting new patients; for mental
health and [substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder
services providers, any affiliations with participating facilities
certified or authorized by the office of mental health or the office of
addiction services and supports, and any restrictions regarding the
availability of the individual provider's services; and in the case of
physicians, board certification, languages spoken, and any affiliations
with participating hospitals.
§ 9. Subparagraphs (A), (B), (D), (E) and (F) of paragraph 6 of
subsection (l) of section 3221 of the insurance law, subparagraphs (A),
S. 9007--A 169 A. 10007--A
(B), and (D) as amended and subparagraphs (E) and (F) as added by
section 15 of subpart A of part BB of chapter 57 of the laws of 2019,
are amended to read as follows:
(A) Every policy that provides hospital, major medical or similar
comprehensive coverage shall provide inpatient coverage for the diagno-
sis and treatment of [substance use] SUBSTANCE-RELATED AND ADDICTIVE
disorder, including detoxification and rehabilitation services. Such
inpatient coverage shall include unlimited medically necessary treatment
for [substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder treatment
services provided in residential settings. Further, such inpatient
coverage shall not apply financial requirements or treatment limita-
tions, including utilization review requirements, to inpatient
[substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder benefits that
are more restrictive than the predominant financial requirements and
treatment limitations applied to substantially all medical and surgical
benefits covered by the policy.
(B) Coverage provided under this paragraph may be limited to facili-
ties in New York state that are licensed, certified or otherwise author-
ized by the office of [alcoholism and substance abuse services]
ADDICTION SERVICES AND SUPPORTS and, in other states, to those which are
accredited by the joint commission as alcoholism, ADDICTION, substance
abuse or chemical dependence treatment programs and are similarly
licensed, certified, or otherwise authorized in the state in which the
facility is located.
(D) This subparagraph shall apply to facilities in this state that are
licensed, certified or otherwise authorized by the office of [alcoholism
and substance abuse services] ADDICTION SERVICES AND SUPPORTS that are
participating in the insurer's provider network. Coverage provided under
this paragraph shall not be subject to preauthorization. Coverage
provided under this paragraph shall also not be subject to concurrent
utilization review during the first twenty-eight days of the inpatient
admission provided that the facility notifies the insurer of both the
admission and the initial treatment plan within two business days of the
admission. The facility shall perform daily clinical review of the
patient, including periodic consultation with the insurer at or just
prior to the fourteenth day of treatment to ensure that the facility is
using the evidence-based and peer reviewed clinical review tool utilized
by the insurer which is designated by the office of [alcoholism and
substance abuse services] ADDICTION SERVICES AND SUPPORTS and appropri-
ate to the age of the patient, to ensure that the inpatient treatment is
medically necessary for the patient. Prior to discharge, the facility
shall provide the patient and the insurer with a written discharge plan
which shall describe arrangements for additional services needed follow-
ing discharge from the inpatient facility as determined using the
evidence-based and peer-reviewed clinical review tool utilized by the
insurer which is designated by the office of [alcoholism and substance
abuse services] ADDICTION SERVICES AND SUPPORTS. Prior to discharge,
the facility shall indicate to the insurer whether services included in
the discharge plan are secured or determined to be reasonably available.
Any utilization review of treatment provided under this subparagraph may
include a review of all services provided during such inpatient treat-
ment, including all services provided during the first twenty-eight days
of such inpatient treatment. Provided, however, the insurer shall only
deny coverage for any portion of the initial twenty-eight day inpatient
treatment on the basis that such treatment was not medically necessary
if such inpatient treatment was contrary to the evidence-based and peer
S. 9007--A 170 A. 10007--A
reviewed clinical review tool utilized by the insurer which is desig-
nated by the office of [alcoholism and substance abuse services]
ADDICTION SERVICES AND SUPPORTS. An insured shall not have any finan-
cial obligation to the facility for any treatment under this subpara-
graph other than any copayment, coinsurance, or deductible otherwise
required under the policy.
(E) The criteria for medical necessity determinations under the policy
with respect to inpatient [substance use] SUBSTANCE-RELATED AND ADDIC-
TIVE disorder benefits shall be made available by the insurer to any
insured, prospective insured, or in-network provider upon request.
(F) For purposes of this paragraph:
(i) "financial requirement" means deductible, copayments, coinsurance
and out-of-pocket expenses;
(ii) "predominant" means that a financial requirement or treatment
limitation is the most common or frequent of such type of limit or
requirement;
(iii) "treatment limitation" means limits on the frequency of treat-
ment, number of visits, days of coverage, or other similar limits on the
scope or duration of treatment and includes nonquantitative treatment
limitations such as: medical management standards limiting or excluding
benefits based on medical necessity, or based on whether the treatment
is experimental or investigational; formulary design for prescription
drugs; network tier design; standards for provider admission to partic-
ipate in a network, including reimbursement rates; methods for determin-
ing usual, customary, and reasonable charges; fail-first or step therapy
protocols; exclusions based on failure to complete a course of treat-
ment; and restrictions based on geographic location, facility type,
provider specialty, and other criteria that limit the scope or duration
of benefits for services provided under the policy; and
(iv) ["substance use] "SUBSTANCE-RELATED AND ADDICTIVE disorder" shall
have the meaning set forth in the most recent edition of the diagnostic
and statistical manual of mental disorders or the most recent edition of
another generally recognized independent standard of current medical
practice such as the international classification of diseases.
§ 10. Paragraph 7 of subsection (l) of section 3221 of the insurance
law, as amended by chapter 41 of the laws of 2014, subparagraph (A) as
amended and subparagraph (C-1) as added by section 16 and subparagraph
(E) as amended, and subparagraphs (F), (G), and (H) as added by section
17 of subpart A of part BB of chapter 57 of the laws of 2019, subpara-
graph (B) as amended by section 16 and subparagraph (I) as added by
section 17 of part AA of chapter 57 of the laws of 2021,subparagraph (J)
as amended by chapter 660 of the laws of 2025, is amended to read as
follows:
(7) (A) Every policy that provides medical, major medical or similar
comprehensive-type coverage shall provide outpatient coverage for the
diagnosis and treatment of [substance use] SUBSTANCE-RELATED AND ADDIC-
TIVE disorder, including detoxification and rehabilitation services.
Such coverage shall not apply financial requirements or treatment limi-
tations to outpatient [substance use] SUBSTANCE-RELATED AND ADDICTIVE
disorder benefits that are more restrictive than the predominant finan-
cial requirements and treatment limitations applied to substantially all
medical and surgical benefits covered by the policy.
(B) Coverage under this paragraph may be limited to facilities in this
state that are licensed, certified or otherwise authorized by the office
of addiction services and supports to provide outpatient [substance use]
SUBSTANCE-RELATED AND ADDICTIVE disorder services and crisis stabiliza-
S. 9007--A 171 A. 10007--A
tion centers licensed pursuant to section 36.01 of the mental hygiene
law, and, in other states, to those which are accredited by the joint
commission as alcoholism, ADDICTION or chemical dependence treatment
programs and similarly licensed, certified or otherwise authorized in
the state in which the facility is located.
(C) Coverage provided under this paragraph may be subject to annual
deductibles and co-insurance as deemed appropriate by the superintendent
and that are consistent with those imposed on other benefits within a
given policy.
(C-1) A large group policy that provides coverage under this paragraph
shall not impose copayments or coinsurance for outpatient [substance
use] SUBSTANCE-RELATED AND ADDICTIVE disorder services that exceeds the
copayment or coinsurance imposed for a primary care office visit.
Provided that no greater than one such copayment may be imposed for all
services provided in a single day by a facility licensed, certified or
otherwise authorized by the office of [alcoholism and substance abuse
services] ADDICTION SERVICES AND SUPPORTS to provide outpatient
[substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder services.
(D) A policy providing coverage for [substance use] SUBSTANCE-RELATED
AND ADDICTIVE disorder services pursuant to this paragraph shall provide
up to twenty outpatient visits per policy or calendar year to an indi-
vidual who identifies [him or herself] THEMSELVES as a family member of
a person suffering from [substance use] A SUBSTANCE-RELATED AND ADDIC-
TIVE disorder and who seeks treatment as a family member who is other-
wise covered by the applicable policy pursuant to this paragraph. The
coverage required by this paragraph shall include treatment as a family
member pursuant to such family member's own policy provided such family
member:
(i) does not exceed the allowable number of family visits provided by
the applicable policy pursuant to this paragraph; and
(ii) is otherwise entitled to coverage pursuant to this paragraph and
such family member's applicable policy.
(E) This subparagraph shall apply to facilities in this state that are
licensed, certified or otherwise authorized by the office of [alcoholism
and substance abuse services] ADDICTION SERVICES AND SUPPORTS for the
provision of outpatient, intensive outpatient, outpatient rehabilitation
and opioid treatment that are participating in the insurer's provider
network. Coverage provided under this paragraph shall not be subject to
preauthorization. Coverage provided under this paragraph shall not be
subject to concurrent review for the first four weeks of continuous
treatment, not to exceed twenty-eight visits, provided the facility
notifies the insurer of both the start of treatment and the initial
treatment plan within two business days. The facility shall perform
clinical assessment of the patient at each visit, including periodic
consultation with the insurer at or just prior to the fourteenth day of
treatment to ensure that the facility is using the evidence-based and
peer reviewed clinical review tool utilized by the insurer which is
designated by the office of [alcoholism and substance abuse services]
ADDICTION SERVICES AND SUPPORTS and appropriate to the age of the
patient, to ensure that the outpatient treatment is medically necessary
for the patient. Any utilization review of the treatment provided under
this subparagraph may include a review of all services provided during
such outpatient treatment, including all services provided during the
first four weeks of continuous treatment, not to exceed twenty-eight
visits, of such outpatient treatment. Provided, however, the insurer
shall only deny coverage for any portion of the initial four weeks of
S. 9007--A 172 A. 10007--A
continuous treatment, not to exceed twenty-eight visits, for outpatient
treatment on the basis that such treatment was not medically necessary
if such outpatient treatment was contrary to the evidence-based and peer
reviewed clinical review tool utilized by the insurer which is desig-
nated by the office of [alcoholism and substance abuse services]
ADDICTION SERVICES AND SUPPORTS. An insured shall not have any finan-
cial obligation to the facility for any treatment under this subpara-
graph other than any copayment, coinsurance, or deductible otherwise
required under the policy.
(F) The criteria for medical necessity determinations under the policy
with respect to outpatient [substance use] SUBSTANCE-RELATED AND ADDIC-
TIVE disorder benefits shall be made available by the insurer to any
insured, prospective insured, or in-network provider upon request.
(G) For purposes of this paragraph:
(i) "financial requirement" means deductible, copayments, coinsurance
and out-of-pocket expenses;
(ii) "predominant" means that a financial requirement or treatment
limitation is the most common or frequent of such type of limit or
requirement;
(iii) "treatment limitation" means limits on the frequency of treat-
ment, number of visits, days of coverage, or other similar limits on the
scope or duration of treatment and includes nonquantitative treatment
limitations such as: medical management standards limiting or excluding
benefits based on medical necessity, or based on whether the treatment
is experimental or investigational; formulary design for prescription
drugs; network tier design; standards for provider admission to partic-
ipate in a network, including reimbursement rates; methods for determin-
ing usual, customary, and reasonable charges; fail-first or step therapy
protocols; exclusions based on failure to complete a course of treat-
ment; and restrictions based on geographic location, facility type,
provider specialty, and other criteria that limit the scope or duration
of benefits for services provided under the policy; and
(iv) ["substance use] "SUBSTANCE-RELATED AND ADDICTIVE disorder" shall
have the meaning set forth in the most recent edition of the diagnostic
and statistical manual of mental disorders or the most recent edition of
another generally recognized independent standard of current medical
practice such as the international classification of diseases.
(H) An insurer shall provide coverage under this paragraph, at a mini-
mum, consistent with the federal Paul Wellstone and Pete Domenici Mental
Health Parity and Addiction Equity Act of 2008 (29 U.S.C. § 1185a).
(I) This subparagraph shall apply to crisis stabilization centers in
this state that are licensed pursuant to section 36.01 of the mental
hygiene law and participate in the insurer's provider network. Benefits
for care in a crisis stabilization center shall not be subject to preau-
thorization. All treatment provided under this subparagraph may be
reviewed retrospectively. Where care is denied retrospectively, an
insured shall not have any financial obligation to the facility for any
treatment under this subparagraph other than any copayment, coinsurance,
or deductible otherwise required under the policy.
(J) This subparagraph shall apply to facilities in this state that are
licensed, certified, or otherwise authorized by the office of addiction
services and supports for the provision of outpatient, intensive outpa-
tient, outpatient rehabilitation and opioid treatment that are partic-
ipating in the insurer's provider network. Reimbursement for covered
outpatient treatment provided by such facilities shall be at rates nego-
tiated between the insurer and the participating facility, provided that
S. 9007--A 173 A. 10007--A
such rates are not less than the rates that would be paid for such
treatment pursuant to the medical assistance program under title eleven
of article five of the social services law. For the purposes of this
subparagraph, the rates that would be paid for such treatment pursuant
to the medical assistance program under title eleven of article five of
the social services law shall be set forth in a fee schedule setting
forth the specific fee for each individual service covered by this
subparagraph published by the office of addiction services and supports
by November first of the preceding calendar year and shall be the rates
with an effective date of April first of the preceding year, which shall
be established prior to October first of the preceding calendar year.
Prior to the submission of premium rate filings and applications, the
superintendent shall provide insurers with guidance on factors to
consider in calculating the impact of rate changes for the purposes of
submitting premium rate filings and applications to the superintendent
for the subsequent policy year. To the extent that the rates with an
effective date of April first differ from the estimated rates incorpo-
rated in premium rate filings and applications, insurers may account for
such differences in future premium rate filings and applications submit-
ted to the superintendent for approval.
§ 11. Subparagraph (A) of paragraph 7-a of subsection (l) of section
3221 of the insurance law, as amended by section 2 of subpart E of part
II of chapter 57 of the laws of 2023, is amended to read as follows:
(A) No policy that provides medical, major medical or similar compre-
hensive-type small group coverage and provides coverage for prescription
drugs for medication for the treatment of a [substance use] SUBSTANCE-
RELATED AND ADDICTIVE disorder shall require prior authorization for an
initial or renewal prescription for the detoxification or maintenance
treatment of a [substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder,
including all buprenorphine products, methadone, long acting injectable
naltrexone, or medication for opioid overdose reversal prescribed or
dispensed to an insured covered under the policy, including federal food
and drug administration-approved over-the-counter opioid overdose
reversal medication as prescribed, dispensed or as otherwise authorized
under state or federal law, except where otherwise prohibited by law.
Every policy that provides medical, major medical or similar comprehen-
sive-type large group coverage shall provide coverage for prescription
drugs for medication for the treatment of a [substance use] SUBSTANCE-
RELATED AND ADDICTIVE disorder and shall not require prior authorization
for an initial or renewal prescription for the detoxification or mainte-
nance treatment of a [substance use] SUBSTANCE-RELATED AND ADDICTIVE
disorder, including all buprenorphine products, methadone, long acting
injectable naltrexone, or medication for opioid overdose reversal
prescribed or dispensed to an insured covered under the policy, includ-
ing federal food and drug administration-approved over-the-counter
opioid overdose reversal medication as prescribed, dispensed or as
otherwise authorized under state or federal law, except where otherwise
prohibited by law.
§ 12. Subsection (a) of section 3241 of the insurance law, as amended
by section 1 of subpart F of part II of chapter 57 of the laws of 2023,
is amended to read as follows:
(a) (1) An insurer, a corporation organized pursuant to article
forty-three of this chapter, a municipal cooperative health benefit plan
certified pursuant to article forty-seven of this chapter, or a student
health plan established or maintained pursuant to section one thousand
one hundred twenty-four of this chapter, that issues a health insurance
S. 9007--A 174 A. 10007--A
policy or contract with a network of health care providers shall ensure
that the network is adequate to meet the health, SUBSTANCE-RELATED AND
ADDICTIVE DISORDER and mental health needs of insureds and provide an
appropriate choice of providers sufficient to render the services
covered under the policy or contract. The superintendent shall review
the network of health care providers for adequacy at the time of the
superintendent's initial approval of a health insurance policy or
contract; at least every three years thereafter; and upon application
for expansion of any service area associated with the policy or contract
in conformance with the standards set forth in subdivision five of
section four thousand four hundred three of the public health law. The
superintendent shall determine standards for network adequacy for mental
health and [substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder
treatment services, including sub-acute care in a residential facility,
assertive community treatment services, critical time intervention
services and mobile crisis intervention services, in consultation with
the commissioner of the office of mental health and the commissioner of
the office of addiction services and supports. To the extent that the
network has been determined by the commissioner of health to meet the
standards set forth in subdivision five of section four thousand four
hundred three of the public health law, such network shall be deemed
adequate by the superintendent.
(2) The superintendent, in consultation with the commissioner of
health, the commissioner of the office of mental health, and the commis-
sioner of the office of addiction services and supports, shall propose
regulations setting forth standards for network adequacy for mental
health and [substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder
treatment services, including sub-acute care in a residential facility,
assertive community treatment services, critical time intervention
services and mobile crisis intervention services, by December thirty-
first, two thousand twenty-three.
§ 13. Subsection (k) of section 4303 of the insurance law, as amended
by section 26 of subpart A of part BB of chapter 57 of the laws of 2019,
is amended to read as follows:
(k)(1) Every contract that provides hospital, major medical or similar
comprehensive coverage shall provide inpatient coverage for the diagno-
sis and treatment of [substance use] SUBSTANCE-RELATED AND ADDICTIVE
disorder, including detoxification and rehabilitation services. Such
inpatient coverage shall include unlimited medically necessary treatment
for [substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder treatment
services provided in residential settings. Further, such inpatient
coverage shall not apply financial requirements or treatment limita-
tions, including utilization review requirements, to inpatient
[substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder benefits that
are more restrictive than the predominant financial requirements and
treatment limitations applied to substantially all medical and surgical
benefits covered by the contract.
(2) Coverage provided under this subsection may be limited to facili-
ties in New York state that are licensed, certified or otherwise author-
ized by the office of [alcoholism and substance abuse services]
ADDICTION SERVICES AND SUPPORTS and, in other states, to those which are
accredited by the joint commission as alcoholism, ADDICTION, substance
abuse, or chemical dependence treatment programs and are similarly
licensed, certified or otherwise authorized in the state in which the
facility is located.
S. 9007--A 175 A. 10007--A
(3) Coverage provided under this subsection may be subject to annual
deductibles and co-insurance as deemed appropriate by the superintendent
and that are consistent with those imposed on other benefits within a
given contract.
(4) This paragraph shall apply to facilities in this state that are
licensed, certified or otherwise authorized by the office of [alcoholism
and substance abuse services] ADDICTION SERVICES AND SUPPORTS that are
participating in the corporation's provider network. Coverage provided
under this subsection shall not be subject to preauthorization. Coverage
provided under this subsection shall also not be subject to concurrent
utilization review during the first twenty-eight days of the inpatient
admission provided that the facility notifies the corporation of both
the admission and the initial treatment plan within two business days of
the admission. The facility shall perform daily clinical review of the
patient, including periodic consultation with the corporation at or just
prior to the fourteenth day of treatment to ensure that the facility is
using the evidence-based and peer reviewed clinical review tool utilized
by the corporation which is designated by the office of [alcoholism and
substance abuse services] ADDICTION SERVICES AND SUPPORTS and appropri-
ate to the age of the patient, to ensure that the inpatient treatment is
medically necessary for the patient. Prior to discharge, the facility
shall provide the patient and the corporation with a written discharge
plan which shall describe arrangements for additional services needed
following discharge from the inpatient facility as determined using the
evidence-based and peer-reviewed clinical review tool utilized by the
corporation which is designated by the office of [alcoholism and
substance abuse services] ADDICTION SERVICES AND SUPPORTS. Prior to
discharge, the facility shall indicate to the corporation whether
services included in the discharge plan are secured or determined to be
reasonably available. Any utilization review of treatment provided
under this paragraph may include a review of all services provided
during such inpatient treatment, including all services provided during
the first twenty-eight days of such inpatient treatment. Provided,
however, the corporation shall only deny coverage for any portion of the
initial twenty-eight day inpatient treatment on the basis that such
treatment was not medically necessary if such inpatient treatment was
contrary to the evidence-based and peer reviewed clinical review tool
utilized by the corporation which is designated by the office of [alco-
holism and substance abuse services] ADDICTION SERVICES AND SUPPORTS.
An insured shall not have any financial obligation to the facility for
any treatment under this paragraph other than any copayment, coinsu-
rance, or deductible otherwise required under the contract.
(5) The criteria for medical necessity determinations under the
contract with respect to inpatient [substance use] SUBSTANCE-RELATED AND
ADDICTIVE disorder benefits shall be made available by the corporation
to any insured, prospective insured or in-network provider upon request.
(6) For purposes of this subsection:
(A) "financial requirement" means deductible, copayments, coinsurance
and out-of-pocket expenses;
(B) "predominant" means that a financial requirement or treatment
limitation is the most common or frequent of such type of limit or
requirement;
(C) "treatment limitation" means limits on the frequency of treatment,
number of visits, days of coverage, or other similar limits on the scope
or duration of treatment and includes nonquantitative treatment limita-
tions such as: medical management standards limiting or excluding bene-
S. 9007--A 176 A. 10007--A
fits based on medical necessity, or based on whether the treatment is
experimental or investigational; formulary design for prescription
drugs; network tier design; standards for provider admission to partic-
ipate in a network, including reimbursement rates; methods for determin-
ing usual, customary, and reasonable charges; fail-first or step therapy
protocols; exclusions based on failure to complete a course of treat-
ment; and restrictions based on geographic location, facility type,
provider specialty, and other criteria that limit the scope or duration
of benefits for services provided under the contract; and
(D) ["substance use] "SUBSTANCE-RELATED AND ADDICTIVE disorder" shall
have the meaning set forth in the most recent edition of the diagnostic
and statistical manual of mental disorders or the most recent edition of
another generally recognized independent standard of current medical
practice such as the international classification of diseases.
(7) A corporation shall provide coverage under this subsection, at a
minimum, consistent with the federal Paul Wellstone and Pete Domenici
Mental Health Parity and Addiction Equity Act of 2008 (29 U.S.C. §
1185a).
§ 14. Subsection (l) of section 4303 of the insurance law, as amended
by chapter 41 of the laws of 2014, paragraph 1 as amended and paragraph
3-a as added by section 27, paragraph 5 as amended and paragraphs 6, 7,
and 8 as added by section 28 of subpart A of part BB of chapter 57 of
the laws of 2019, paragraph 2 as amended by section 20 and paragraph 9
as added by section 21 of part AA of chapter 57 of the laws of 2021,
paragraph 10 as amended by chapter 660 of the laws of 2025, is amended
to read as follows:
(l) (1) Every contract that provides medical, major medical or similar
comprehensive-type coverage shall provide outpatient coverage for the
diagnosis and treatment of [substance use] SUBSTANCE-RELATED AND ADDIC-
TIVE disorder, including detoxification and rehabilitation services.
Such coverage shall not apply financial requirements or treatment limi-
tations to outpatient [substance use] SUBSTANCE-RELATED AND ADDICTIVE
disorder benefits that are more restrictive than the predominant finan-
cial requirements and treatment limitations applied to substantially all
medical and surgical benefits covered by the contract.
(2) Coverage under this subsection may be limited to facilities in
this state that are licensed, certified or otherwise authorized by the
office of addiction services and supports to provide outpatient
[substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder services and
crisis stabilization centers licensed pursuant to section 36.01 of the
mental hygiene law, and, in other states, to those which are accredited
by the joint commission as alcoholism, ADDICTION or chemical dependence
substance abuse treatment programs and are similarly licensed, certified
or otherwise authorized in the state in which the facility is located.
(3) Coverage provided under this subsection may be subject to annual
deductibles and co-insurance as deemed appropriate by the superintendent
and that are consistent with those imposed on other benefits within a
given contract.
(3-a) A contract that provides large group coverage under this
subsection shall not impose copayments or coinsurance for outpatient
[substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder services that
exceed the copayment or coinsurance imposed for a primary care office
visit. Provided that no greater than one such copayment may be imposed
for all services provided in a single day by a facility licensed, certi-
fied or otherwise authorized by the office of [alcoholism and substance
S. 9007--A 177 A. 10007--A
abuse services] ADDICTION SERVICES AND SUPPORTS to provide outpatient
[substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder services.
(4) A contract providing coverage for [substance use] SUBSTANCE-RELAT-
ED AND ADDICTIVE disorder services pursuant to this subsection shall
provide up to twenty outpatient visits per contract or calendar year to
an individual who identifies [him or herself] THEMSELVES as a family
member of a person suffering from [substance use] SUBSTANCE-RELATED AND
ADDICTIVE disorder and who seeks treatment as a family member who is
otherwise covered by the applicable contract pursuant to this
subsection. The coverage required by this subsection shall include
treatment as a family member pursuant to such family member's own
contract provided such family member:
(A) does not exceed the allowable number of family visits provided by
the applicable contract pursuant to this subsection; and
(B) is otherwise entitled to coverage pursuant to this subsection and
such family member's applicable contract.
(5) This paragraph shall apply to facilities in this state that are
licensed, certified or otherwise authorized by the office of [alcoholism
and substance abuse services] ADDICTION SERVICES AND SUPPORTS for the
provision of outpatient, intensive outpatient, outpatient rehabilitation
and opioid treatment that are participating in the corporation's provid-
er network. Coverage provided under this subsection shall not be subject
to preauthorization. Coverage provided under this subsection shall not
be subject to concurrent review for the first four weeks of continuous
treatment, not to exceed twenty-eight visits, provided the facility
notifies the corporation of both the start of treatment and the initial
treatment plan within two business days. The facility shall perform
clinical assessment of the patient at each visit, including periodic
consultation with the corporation at or just prior to the fourteenth day
of treatment to ensure that the facility is using the evidence-based and
peer reviewed clinical review tool utilized by the corporation which is
designated by the office of [alcoholism and substance abuse services]
ADDICTION SERVICES AND SUPPORTS and appropriate to the age of the
patient, to ensure that the outpatient treatment is medically necessary
for the patient. Any utilization review of the treatment provided under
this paragraph may include a review of all services provided during such
outpatient treatment, including all services provided during the first
four weeks of continuous treatment, not to exceed twenty-eight visits,
of such outpatient treatment. Provided, however, the corporation shall
only deny coverage for any portion of the initial four weeks of contin-
uous treatment, not to exceed twenty-eight visits, for outpatient treat-
ment on the basis that such treatment was not medically necessary if
such outpatient treatment was contrary to the evidence-based and peer
reviewed clinical review tool utilized by the corporation which is
designated by the office of [alcoholism and substance abuse services]
ADDICTION SERVICES AND SUPPORTS. A subscriber shall not have any finan-
cial obligation to the facility for any treatment under this paragraph
other than any copayment, coinsurance, or deductible otherwise required
under the contract.
(6) The criteria for medical necessity determinations under the
contract with respect to outpatient [substance use] SUBSTANCE-RELATED
AND ADDICTIVE disorder benefits shall be made available by the corpo-
ration to any insured, prospective insured, or in-network provider upon
request.
(7) For purposes of this subsection:
S. 9007--A 178 A. 10007--A
(A) "financial requirement" means deductible, copayments, coinsurance
and out-of-pocket expenses;
(B) "predominant" means that a financial requirement or treatment
limitation is the most common or frequent of such type of limit or
requirement.
(C) "treatment limitation" means limits on the frequency of treatment,
number of visits, days of coverage, or other similar limits on the scope
or duration of treatment and includes nonquantitative treatment limita-
tions such as: medical management standards limiting or excluding bene-
fits based on medical necessity, or based on whether the treatment is
experimental or investigational; formulary design for prescription
drugs; network tier design; standards for provider admission to partic-
ipate in a network, including reimbursement rates; methods for determin-
ing usual, customary, and reasonable charges; fail-first or step therapy
protocols; exclusions based on failure to complete a course of treat-
ment; and restrictions based on geographic location, facility type,
provider specialty, and other criteria that limit the scope or duration
of benefits for services provided under the contract; and
(D) ["substance use] "SUBSTANCE-RELATED AND ADDICTIVE disorder" shall
have the meaning set forth in the most recent edition of the diagnostic
and statistical manual of mental disorders or the most recent edition of
another generally recognized independent standard of current medical
practice such as the international classification of diseases.
(8) A corporation shall provide coverage under this subsection, at a
minimum, consistent with the federal Paul Wellstone and Pete Domenici
Mental Health Parity and Addiction Equity Act of 2008 (29 U.S.C. §
1185a).
(9) This paragraph shall apply to crisis stabilization centers in this
state that are licensed pursuant to section 36.01 of the mental hygiene
law and participate in the corporation's provider network. Benefits for
care in a crisis stabilization center shall not be subject to preauthor-
ization. All treatment provided under this paragraph may be reviewed
retrospectively. Where care is denied retrospectively, an insured shall
not have any financial obligation to the facility for any treatment
under this paragraph other than any copayment, coinsurance, or deduct-
ible otherwise required under the contract.
(10) This paragraph shall apply to facilities in this state that are
licensed, certified, or otherwise authorized by the office of addiction
services and supports for the provision of outpatient, intensive outpa-
tient, outpatient rehabilitation and opioid treatment that are partic-
ipating in the corporation's provider network. Reimbursement for covered
outpatient treatment provided by such facilities shall be at rates nego-
tiated between the corporation and the participating facility, provided
that such rates are not less than the rates that would be paid for such
treatment pursuant to the medical assistance program under title eleven
of article five of the social services law. For the purposes of this
paragraph, the rates that would be paid for such treatment pursuant to
the medical assistance program under title eleven of article five of the
social services law shall be set forth in a fee schedule setting forth
the specific fee for each individual service covered by this paragraph
published by the office of addiction services and supports by November
first of the preceding calendar year and shall be the rates with an
effective date of April first of the preceding year, which shall be
established prior to October first of the preceding calendar year. Prior
to the submission of premium rate filings and applications, the super-
intendent shall provide corporations with guidance on factors to consid-
S. 9007--A 179 A. 10007--A
er in calculating the impact of rate changes for the purposes of submit-
ting premium rate filings and applications to the superintendent for the
subsequent policy year. To the extent that the rates with an effective
date of April first differ from the estimated rates incorporated in
premium rate filings and applications, corporations may account for such
differences in future premium rate filings and applications submitted to
the superintendent for approval.
§ 15. Paragraph (A) of subsection (l-1) of section 4303 of the insur-
ance law, as amended by section 3 of subpart E of part II of chapter 57
of the laws of 2023, is amended to read as follows:
(A) No contract that provides medical, major medical or similar
comprehensive-type individual or small group coverage and provides
coverage for prescription drugs for medication for the treatment of a
[substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder shall require
prior authorization for an initial or renewal prescription for the
detoxification or maintenance treatment of a [substance use] SUBSTANCE-
RELATED AND ADDICTIVE disorder, including all buprenorphine products,
methadone, long acting injectable naltrexone, or medication for opioid
overdose reversal prescribed or dispensed to an insured covered under
the contract, including federal food and drug administration-approved
over-the-counter opioid overdose reversal medication as prescribed,
dispensed or as otherwise authorized under state or federal law, except
where otherwise prohibited by law. Every contract that provides medical,
major medical, or similar comprehensive-type large group coverage shall
provide coverage for prescription drugs for medication for the treatment
of a [substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder and shall
not require prior authorization for an initial or renewal prescription
for the detoxification of maintenance treatment of a [substance use]
SUBSTANCE-RELATED AND ADDICTIVE disorder, including all buprenorphine
products, methadone, long acting injectable naltrexone, or medication
for opioid overdose reversal prescribed or dispensed to an individual
covered under the contract, including federal food and drug administra-
tion-approved over-the-counter opioid overdose reversal medication as
prescribed, dispensed or as otherwise authorized under state or federal
law, except where otherwise prohibited by law.
§ 16. Subparagraph (E) of paragraph 1 of subsection (a) of section
4306-h of the insurance law, as added by section 35 of subpart B of part
J of chapter 57 of the laws of 2019, is amended to read as follows:
(E) mental health and [substance use] SUBSTANCE-RELATED AND ADDICTIVE
disorder services, including behavioral health treatment;
§ 17. Paragraph 17 of subsection (a) of section 4324 of the insurance
law, as amended by section 4 of subpart B of part AA of chapter 57 of
the laws of 2022, is amended to read as follows:
(17) where applicable, a listing by specialty, which may be in a sepa-
rate document that is updated annually, of the name, address, telephone
number, and digital contact information of all participating providers,
including facilities, and: (A) whether the provider is accepting new
patients; (B) in the case of mental health or [substance use]
SUBSTANCE-RELATED AND ADDICTIVE disorder services providers, any affil-
iations with participating facilities certified or authorized by the
office of mental health or the office of addiction services and
supports, and any restrictions regarding the availability of the indi-
vidual provider's services; (C) in the case of physicians, board certif-
ication, languages spoken and any affiliations with participating hospi-
tals. The listing shall also be posted on the corporation's website and
the corporation shall update the website within fifteen days of the
S. 9007--A 180 A. 10007--A
addition or termination of a provider from the corporation's network or
a change in a physician's hospital affiliation;
§ 18. Subsection (n) of section 4325 of the insurance law, as added by
section 5 of subpart B of part AA of chapter 57 of the laws of 2022, is
amended to read as follows:
(n) A contract between a corporation and a health care provider shall
include a provision that requires the health care provider to have in
place business processes to ensure the timely provision of provider
directory information to the corporation. A health care provider shall
submit such provider directory information to a corporation, at a mini-
mum, when a provider begins or terminates a network agreement with a
corporation, when there are material changes to the content of the
provider directory information of the health care provider, and at any
other time, including upon the corporation's request, as the health care
provider determines to be appropriate. For purposes of this subsection,
"provider directory information" shall include the name, address,
specialty, telephone number, and digital contact information of such
health care provider; whether the provider is accepting new patients;
for mental health and [substance use] SUBSTANCE-RELATED AND ADDICTIVE
disorder services providers, any affiliations with participating facili-
ties certified or authorized by the office of mental health or the
office of addiction services and supports, and any restrictions regard-
ing the availability of the individual provider's services; and in the
case of physicians, board certification, languages spoken, and any
affiliations with participating hospitals.
§ 19. Subparagraph (C) of paragraph 1 of subsection (b) of section
4900 of the insurance law, as amended by section 2 of part MM of chapter
57 of the laws of 2023, is amended to read as follows:
(C) for purposes of a determination involving [substance use]
SUBSTANCE-RELATED AND ADDICTIVE disorder treatment:
(i) a physician who possesses a current and valid non-restricted
license to practice medicine and who specializes in behavioral health
and has experience in the delivery of [substance use] SUBSTANCE-RELATED
AND ADDICTIVE disorder courses of treatment; or
(ii) a health care professional other than a licensed physician who
specializes in behavioral health and has experience in the delivery of
[substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder courses of
treatment and, where applicable, possesses a current and valid non-res-
tricted license, certificate or registration or, where no provision for
a license, certificate or registration exists, is credentialed by the
national accrediting body appropriate to the profession; or
§ 20. Clause (iv) of subparagraph (A) of paragraph 2 of subsection (b)
of section 4900 of the insurance law, as separately amended by section 2
of part MM of chapter 57 and chapter 170 of the laws of 2023, is amended
to read as follows:
(iv) for purposes of a determination involving [substance use]
SUBSTANCE-RELATED AND ADDICTIVE disorder treatment, possesses a current
and valid non-restricted license to practice medicine and who special-
izes in behavioral health and has experience in the delivery of
[substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder courses of
treatment;
§ 21. Clause (iv) of subparagraph (B) of paragraph 2 of subsection (b)
of section 4900 of the insurance law, as separately amended by section 2
of part MM of chapter 57 and chapter 170 of the laws of 2023, is amended
to read as follows:
S. 9007--A 181 A. 10007--A
(iv) for purposes of a determination involving [substance use]
SUBSTANCE-RELATED AND ADDICTIVE disorder treatment, specializes in
behavioral health and has experience in the delivery of [substance use]
SUBSTANCE-RELATED AND ADDICTIVE disorder courses of treatment and, where
applicable, possesses a current and valid non-restricted license,
certificate or registration or, where no provision for a license,
certificate or registration exists, is credentialed by the national
accrediting body appropriate to the profession;
§ 22. Paragraph 9 subsection (a) of section 4902 of the insurance law,
as amended by section 37 of subpart A of part BB of chapter 57 of the
laws of 2019, is amended to read as follows:
(9) When conducting utilization review for purposes of determining
health care coverage for [substance use] SUBSTANCE-RELATED AND ADDICTIVE
disorder treatment, a utilization review agent shall utilize an
evidence-based and peer reviewed clinical review tool that is appropri-
ate to the age of the patient. When conducting such utilization review
for treatment provided in this state, a utilization review agent shall
utilize an evidence-based and peer reviewed clinical tool designated by
the office of [alcoholism and substance abuse services] ADDICTION
SERVICES AND SUPPORTS that is consistent with the treatment service
levels within the office of [alcoholism and substance abuse services]
ADDICTION SERVICES AND SUPPORTS system. All approved tools shall have
inter rater reliability testing completed by December thirty-first, two
thousand sixteen.
§ 23. Paragraph 2 subsection (b) of section 4903 of the insurance law,
as added by chapter 371 of the laws of 2015, is amended to read as
follows:
(2) With regard to individual or group contracts authorized pursuant
to article thirty-two, forty-three or forty-seven of this chapter or
article forty-four of the public health law, for utilization and review
determinations involving proposed mental health and/or [substance use]
SUBSTANCE-RELATED AND ADDICTIVE disorder services where the insured or
the insured's designee has, in a format prescribed by the superinten-
dent, certified in the request that the proposed services are for an
individual who will be appearing, or has appeared, before a court of
competent jurisdiction and may be subject to a court order requiring
such services, the utilization review agent shall make a determination
and provide notice of such determination to the insured or the insured's
designee by telephone within seventy-two hours of receipt of the
request. Written notice of the determination to the insured or insured's
designee shall follow within three business days. Where feasible, such
telephonic and written notice shall also be provided to the court.
§ 24. Subsection (c) of section 4903 of the insurance law, as amended
by chapter 41 of the laws of 2014, is amended to read as follows:
(c) (1) A utilization review agent shall make a determination involv-
ing continued or extended health care services, additional services for
an insured undergoing a course of continued treatment prescribed by a
health care provider, or requests for inpatient [substance use]
SUBSTANCE-RELATED AND ADDICTIVE disorder treatment, or home health care
services following an inpatient hospital admission, and shall provide
notice of such determination to the insured or the insured's designee,
which may be satisfied by notice to the insured's health care provider,
by telephone and in writing within one business day of receipt of the
necessary information except, with respect to home health care services
following an inpatient hospital admission, within seventy-two hours of
receipt of the necessary information when the day subsequent to the
S. 9007--A 182 A. 10007--A
request falls on a weekend or holiday and except, with respect to inpa-
tient [substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder treat-
ment, within twenty-four hours of receipt of the request for services
when the request is submitted at least twenty-four hours prior to
discharge from an inpatient admission. Notification of continued or
extended services shall include the number of extended services
approved, the new total of approved services, the date of onset of
services and the next review date.
(2) Provided that a request for home health care services and all
necessary information is submitted to the utilization review agent prior
to discharge from an inpatient hospital admission pursuant to this
subsection, a utilization review agent shall not deny, on the basis of
medical necessity or lack of prior authorization, coverage for home
health care services while a determination by the utilization review
agent is pending.
(3) Provided that a request for inpatient treatment for [substance
use] SUBSTANCE-RELATED AND ADDICTIVE disorder is submitted to the utili-
zation review agent at least twenty-four hours prior to discharge from
an inpatient admission pursuant to this subsection, a utilization review
agent shall not deny, on the basis of medical necessity or lack of prior
authorization, coverage for the inpatient [substance use] SUBSTANCE-RE-
LATED AND ADDICTIVE disorder treatment while a determination by the
utilization review agent is pending.
§ 25. Subsection (b) of section 4904 of the insurance law, as amended
by chapter 371 of the laws of 2015, is amended to read as follows:
(b) A utilization review agent shall establish an expedited appeal
process for appeal of an adverse determination involving (1) continued
or extended health care services, procedures or treatments or additional
services for an insured undergoing a course of continued treatment
prescribed by a health care provider or home health care services
following discharge from an inpatient hospital admission pursuant to
subsection (c) of section four thousand nine hundred three of this
title; (2) an adverse determination in which the health care provider
believes an immediate appeal is warranted except any retrospective
determination; or (3) potential court-ordered mental health and/or
[substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder services pursu-
ant to paragraph two of subsection (b) of section four thousand nine
hundred three of this title. Such process shall include mechanisms which
facilitate resolution of the appeal including but not limited to the
sharing of information from the insured's health care provider and the
utilization review agent by telephonic means or by facsimile. The utili-
zation review agent shall provide reasonable access to its clinical peer
reviewer within one business day of receiving notice of the taking of an
expedited appeal. Expedited appeals shall be determined within two
business days of receipt of necessary information to conduct such appeal
except, with respect to inpatient [substance use] SUBSTANCE-RELATED AND
ADDICTIVE disorder treatment provided pursuant to paragraph three of
subsection (c) of section four thousand nine hundred three of this
title, expedited appeals shall be determined within twenty-four hours of
receipt of such appeal. Expedited appeals which do not result in a
resolution satisfactory to the appealing party may be further appealed
through the standard appeal process, or through the external appeal
process pursuant to section four thousand nine hundred fourteen of this
article as applicable. Provided that the insured or the insured's health
care provider files an expedited internal and external appeal within
twenty-four hours from receipt of an adverse determination for inpatient
S. 9007--A 183 A. 10007--A
[substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder treatment for
which coverage was provided while the initial utilization review deter-
mination was pending pursuant to paragraph three of subsection (c) of
section four thousand nine hundred three of this title, a utilization
review agent shall not deny on the basis of medical necessity or lack of
prior authorization such [substance use] SUBSTANCE-RELATED AND ADDICTIVE
disorder treatment while a determination by the utilization review agent
or external appeal agent is pending.
§ 26. Subparagraph (iii) of paragraph (a) of subdivision 2 of section
4900 of the public health law, as amended by section 1 of part MM of
chapter 57 of the laws of 2023, is amended to read as follows:
(iii) for purposes of a determination involving [substance use]
SUBSTANCE-RELATED AND ADDICTIVE disorder treatment:
(A) a physician who possesses a current and valid non-restricted
license to practice medicine and who specializes in behavioral health
and has experience in the delivery of [substance use] SUBSTANCE-RELATED
AND ADDICTIVE disorder courses of treatment; or
(B) a health care professional other than a licensed physician who
specializes in behavioral health and has experience in the delivery of
[substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder courses of
treatment and, where applicable, possesses a current and valid non-res-
tricted license, certificate or registration or, where no provision for
a license, certificate or registration exists, is credentialed by the
national accrediting body appropriate to the profession; or
§ 27. Clause (D) of subparagraph (i) of paragraph (b) of subdivision 2
of section 4900 of the public health law, as separately amended by
section 1 of part MM of chapter 57 and chapter 170 of the laws of 2023,
is amended to read as follows:
(D) for purposes of a determination involving [substance use]
SUBSTANCE-RELATED AND ADDICTIVE disorder treatment, possesses a current
and valid non-restricted license to practice medicine and specializes in
behavioral health and has experience in the delivery of [substance use]
SUBSTANCE-RELATED AND ADDICTIVE disorder courses of treatment;
§ 28. Clause (E) of subparagraph (ii) of paragraph (b) of subdivision
2 of section 4900 of the public health law, as separately amended by
section 1 of part MM of chapter 57 and chapter 170 of the laws of 2023,
is amended to read as follows:
(E) for purposes of a determination involving [substance use]
SUBSTANCE-RELATED AND ADDICTIVE disorder, specializes in behavioral
health and has experience in the delivery of [substance use] SUBSTANCE-
RELATED AND ADDICTIVE disorder courses of treatment and, where applica-
ble, possesses a current and valid non-restricted license, certificate
or registration or, where no provision for a license, certificate or
registration exists, is credentialed by the national accrediting body
appropriate to the profession;
§ 29. Paragraph (i) of subdivision 1 of section 4902 of the public
health law, as amended by section 43 of subpart A of part BB of chapter
57 of the laws of 2019, is amended to read as follows:
(i) When conducting utilization review for purposes of determining
health care coverage for [substance use] SUBSTANCE-RELATED AND ADDICTIVE
disorder treatment, a utilization review agent shall utilize an
evidence-based and peer reviewed clinical review tool that is appropri-
ate to the age of the patient. When conducting such utilization review
for treatment provided in this state, a utilization review agent shall
utilize an evidence-based and peer reviewed clinical tool designated by
the office of [alcoholism and substance abuse services] ADDICTION
S. 9007--A 184 A. 10007--A
SERVICES AND SUPPORTS that is consistent with the treatment service
levels within the office of [alcoholism and substance abuse services]
ADDICTION SERVICES AND SUPPORTS system. All approved tools shall have
inter rater reliability testing completed by December thirty-first, two
thousand sixteen.
§ 30. Paragraph (b) of subdivision 2 of section 4903 of the public
health law, as added by chapter 371 of the laws of 2015, is amended to
read as follows:
(b) With regard to individual or group contracts authorized pursuant
to article forty-four of this chapter, for utilization review determi-
nations involving proposed mental health and/or [substance use]
SUBSTANCE-RELATED AND ADDICTIVE disorder services where the enrollee or
the enrollee's designee has, in a format prescribed by the superinten-
dent of financial services, certified in the request that the proposed
services are for an individual who will be appearing, or has appeared,
before a court of competent jurisdiction and may be subject to a court
order requiring such services, the utilization review agent shall make a
determination and provide notice of such determination to the enrollee
or the enrollee's designee by telephone within seventy-two hours of
receipt of the request. Written notice of the determination to the
enrollee or enrollee's designee shall follow within three business days.
Where feasible, such telephonic and written notice shall also be
provided to the court.
§ 31. Subdivision 3 of section 4903 of the public health law, as
amended by chapter 41 of the laws of 2014, is amended to read as
follows:
3. (a) A utilization review agent shall make a determination involving
continued or extended health care services, additional services for an
enrollee undergoing a course of continued treatment prescribed by a
health care provider, or requests for inpatient [substance use]
SUBSTANCE-RELATED AND ADDICTIVE disorder treatment, or home health care
services following an inpatient hospital admission, and shall provide
notice of such determination to the enrollee or the enrollee's designee,
which may be satisfied by notice to the enrollee's health care provider,
by telephone and in writing within one business day of receipt of the
necessary information except, with respect to home health care services
following an inpatient hospital admission, within seventy-two hours of
receipt of the necessary information when the day subsequent to the
request falls on a weekend or holiday and except, with respect to inpa-
tient [substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder treat-
ment, within twenty-four hours of receipt of the request for services
when the request is submitted at least twenty-four hours prior to
discharge from an inpatient admission. Notification of continued or
extended services shall include the number of extended services
approved, the new total of approved services, the date of onset of
services and the next review date.
(b) Provided that a request for home health care services and all
necessary information is submitted to the utilization review agent prior
to discharge from an inpatient hospital admission pursuant to this
subdivision, a utilization review agent shall not deny, on the basis of
medical necessity or lack of prior authorization, coverage for home
health care services while a determination by the utilization review
agent is pending.
(c) Provided that a request for inpatient treatment for [substance
use] SUBSTANCE-RELATED AND ADDICTIVE disorder is submitted to the utili-
zation review agent at least twenty-four hours prior to discharge from
S. 9007--A 185 A. 10007--A
an inpatient admission pursuant to this subdivision, a utilization
review agent shall not deny, on the basis of medical necessity or lack
of prior authorization, coverage for the inpatient [substance use]
SUBSTANCE-RELATED AND ADDICTIVE disorder treatment while a determination
by the utilization review agent is pending.
§ 32. Paragraph (c) of subdivision 2 of section 4904 of the public
health law, as amended by chapter 371 of the laws of 2015, is amended to
read as follows:
(c) potential court-ordered mental health and/or [substance use]
SUBSTANCE-RELATED AND ADDICTIVE disorder services pursuant to paragraph
(b) of subdivision two of section forty-nine hundred three of this
title. Such process shall include mechanisms which facilitate resolution
of the appeal including but not limited to the sharing of information
from the enrollee's health care provider and the utilization review
agent by telephonic means or by facsimile. The utilization review agent
shall provide reasonable access to its clinical peer reviewer within one
business day of receiving notice of the taking of an expedited appeal.
Expedited appeals shall be determined within two business days of
receipt of necessary information to conduct such appeal except, with
respect to inpatient [substance use] SUBSTANCE-RELATED AND ADDICTIVE
disorder treatment provided pursuant to paragraph (c) of subdivision
three of section forty-nine hundred three of this title, expedited
appeals shall be determined within twenty-four hours of receipt of such
appeal. Expedited appeals which do not result in a resolution satisfac-
tory to the appealing party may be further appealed through the standard
appeal process, or through the external appeal process pursuant to
section forty-nine hundred fourteen of this article as applicable.
Provided that the enrollee or the enrollee's health care provider files
an expedited internal and external appeal within twenty-four hours from
receipt of an adverse determination for inpatient [substance use]
SUBSTANCE-RELATED AND ADDICTIVE disorder treatment for which coverage
was provided while the initial utilization review determination was
pending pursuant to paragraph (c) of subdivision three of section
forty-nine hundred three of this title, a utilization review agent shall
not deny on the basis of medical necessity or lack of prior authori-
zation such [substance use] SUBSTANCE-RELATED AND ADDICTIVE disorder
treatment while a determination by the utilization review agent or
external appeal agent is pending.
§ 33. This act shall take effect January 1, 2027 and shall apply to
policies issued, renewed or modified on or after such date.
PART S
Section 1. Subdivision 10 of section 553 of the executive law is
REPEALED.
§ 2. This act shall take effect April 1, 2026.
PART T
Section 1. Section 5 of part ZZ of chapter 56 of the laws of 2020
amending the tax law and the social services law relating to certain
Medicaid management, as amended by section 2 of part D of chapter 57 of
the laws of 2024, is amended to read as follows:
§ 5. This act shall take effect immediately [and]; PROVIDED, HOWEVER,
THAT SECTIONS TWO AND THREE OF THIS ACT shall be deemed repealed [eight
years after such effective date] MARCH 31, 2026.
S. 9007--A 186 A. 10007--A
§ 2. Subdivision 2 of section 605 of the public health law, as amended
by section 2 of part E of chapter 57 of the laws of 2022, is amended to
read as follows:
2. State aid reimbursement for public health services provided by a
municipality under this title, shall be made if the municipality is
providing some or all of the core public health services identified in
section six hundred two of this title, pursuant to an approved applica-
tion for state aid, at a rate of no less than thirty-six per centum[,
except for the city of New York which shall receive no less than twenty
per centum,] of the difference between the amount of moneys expended by
the municipality for public health services required by section six
hundred two of this title during the fiscal year and the base grant
provided pursuant to subdivision one of this section. Provided, howev-
er, that a municipality's documented fringe benefit costs submitted
under an application for state aid and otherwise eligible for reimburse-
ment under this article shall not exceed fifty per centum of the munici-
pality's eligible personnel services. No such reimbursement shall be
provided for services that are not eligible for state aid pursuant to
this article.
§ 3. Subdivision 1 of section 616 of the public health law, as amended
by section 2 of part O of chapter 57 of the laws of 2019, is amended to
read as follows:
1. The total amount of state aid provided pursuant to this article
shall be limited to the amount of the annual appropriation made by the
legislature. In no event, however, shall such state aid be less than an
amount to provide the full base grant and, as otherwise provided by
subdivision two of section six hundred five of this article, no less
than thirty-six per centum[, except for the city of New York which shall
receive no less than twenty per centum,] of the difference between the
amount of moneys expended by the municipality for eligible public health
services pursuant to an approved application for state aid during the
fiscal year and the base grant provided pursuant to subdivision one of
section six hundred five of this article.
§ 4. This act shall take effect immediately.
PART U
Section 1. Section 48-a of part A of chapter 56 of the laws of 2013
amending the public health law and other laws relating to general hospi-
tal reimbursement for annual rates, as amended by section 1 of part LL
of chapter 57 of the laws of 2022, is amended to read as follows:
§ 48-a. 1. Notwithstanding any contrary provision of law, the commis-
sioners of the office of addiction services and supports and the office
of mental health are authorized, subject to the approval of the director
of the budget, to transfer to the commissioner of health state funds to
be utilized as the state share for the purpose of increasing payments
under the medicaid program to managed care organizations licensed under
article 44 of the public health law or under article 43 of the insurance
law. Such managed care organizations shall utilize such funds for the
purpose of reimbursing providers licensed pursuant to article 28 of the
public health law or article 36, 31 or 32 of the mental hygiene law for
ambulatory behavioral health services, as determined by the commissioner
of health, in consultation with the commissioner of addiction services
and supports and the commissioner of the office of mental health,
provided to medicaid enrolled outpatients and for all other behavioral
health services except inpatient included in New York state's Medicaid
S. 9007--A 187 A. 10007--A
redesign waiver approved by the centers for medicare and Medicaid
services (CMS). Such reimbursement shall be in the form of fees for
such services which are equivalent to the payments established for such
services under the ambulatory patient group (APG) rate-setting methodol-
ogy as utilized by the department of health, the office of addiction
services and supports, or the office of mental health for rate-setting
purposes or any such other fees pursuant to the Medicaid state plan or
otherwise approved by CMS in the Medicaid redesign waiver; provided,
however, that the increase to such fees that shall result from the
provisions of this section shall not, in the aggregate and as determined
by the commissioner of health, in consultation with the commissioner of
addiction services and supports and the commissioner of the office of
mental health, be greater than the increased funds made available pursu-
ant to this section. The increase of such ambulatory behavioral health
fees to providers available under this section shall be for all rate
periods on and after the effective date of section [18] 1 of part [E] LL
of chapter 57 of the laws of [2019] 2022 through March 31, [2027] 2031
for patients in the city of New York, for all rate periods on and after
the effective date of section [18] 1 of part [E] LL of chapter 57 of the
laws of [2019] 2022 through March 31, [2027] 2031 for patients outside
the city of New York, and for all rate periods on and after the effec-
tive date of such chapter through March 31, [2027] 2031 for all services
provided to persons under the age of twenty-one; provided, however, the
commissioner of health, in consultation with the commissioner of
addiction services and supports and the commissioner of mental health,
may require, as a condition of approval of such ambulatory behavioral
health fees, that aggregate managed care expenditures to eligible
providers meet the alternative payment methodology requirements as set
forth in attachment I of the New York state medicaid section one thou-
sand one hundred fifteen medicaid redesign team waiver as approved by
the centers for medicare and medicaid services. The commissioner of
health shall, in consultation with the commissioner of addiction
services and supports and the commissioner of mental health, waive such
conditions if a sufficient number of providers, as determined by the
commissioner, suffer a financial hardship as a consequence of such
alternative payment methodology requirements, or if [he or she] SUCH
COMMISSIONER shall determine that such alternative payment methodologies
significantly threaten individuals access to ambulatory behavioral
health services. Such waiver may be applied on a provider specific or
industry wide basis. Further, such conditions may be waived, as the
commissioner determines necessary, to comply with federal rules or regu-
lations governing these payment methodologies. Nothing in this section
shall prohibit managed care organizations and providers from negotiating
different rates and methods of payment during such periods described
above, subject to the approval of the department of health. The depart-
ment of health shall consult with the office of addiction services and
supports and the office of mental health in determining whether such
alternative rates shall be approved. The commissioner of health may, in
consultation with the commissioner of addiction services and supports
and the commissioner of the office of mental health, promulgate regu-
lations, including emergency regulations promulgated prior to October 1,
2015 to establish rates for ambulatory behavioral health services, as
are necessary to implement the provisions of this section. Rates promul-
gated under this section shall be included in the report required under
section 45-c of part A of this chapter.
S. 9007--A 188 A. 10007--A
2. Notwithstanding any contrary provision of law, the fees paid by
managed care organizations licensed under article 44 of the public
health law or under article 43 of the insurance law, to providers
licensed pursuant to article 28 of the public health law or article 36,
31 or 32 of the mental hygiene law, for ambulatory behavioral health
services provided to patients enrolled in the child health insurance
program pursuant to title 1-A of article 25 of the public health law,
shall be in the form of fees for such services which are equivalent to
the payments established for such services under the ambulatory patient
group (APG) rate-setting methodology or any such other fees established
pursuant to the Medicaid state plan. The commissioner of health shall
consult with the commissioner of addiction services and supports and the
commissioner of the office of mental health in determining such services
and establishing such fees. Such ambulatory behavioral health fees to
providers available under this section shall be for all rate periods on
and after the effective date of this chapter through March 31, [2027]
2031, provided, however, that managed care organizations and providers
may negotiate different rates and methods of payment during such periods
described above, subject to the approval of the department of health.
The department of health shall consult with the office of addiction
services and supports and the office of mental health in determining
whether such alternative rates shall be approved. The report required
under section 16-a of part C of chapter 60 of the laws of 2014 shall
also include the population of patients enrolled in the child health
insurance program pursuant to title 1-A of article 25 of the public
health law in its examination on the transition of behavioral health
services into managed care.
§ 2. Section 1 of part H of chapter 111 of the laws of 2010 relating
to increasing Medicaid payments to providers through managed care organ-
izations and providing equivalent fees through an ambulatory patient
group methodology, as amended by section 2 of part LL of chapter 57 of
the laws of 2022, is amended to read as follows:
Section 1. a. Notwithstanding any contrary provision of law, the
commissioners of mental health and addiction services and supports are
authorized, subject to the approval of the director of the budget, to
transfer to the commissioner of health state funds to be utilized as the
state share for the purpose of increasing payments under the medicaid
program to managed care organizations licensed under article 44 of the
public health law or under article 43 of the insurance law. Such managed
care organizations shall utilize such funds for the purpose of reimburs-
ing providers licensed pursuant to article 28 of the public health law,
or pursuant to article 36, 31 or article 32 of the mental hygiene law
for ambulatory behavioral health services, as determined by the commis-
sioner of health in consultation with the commissioner of mental health
and commissioner of addiction services and supports, provided to medi-
caid enrolled outpatients and for all other behavioral health services
except inpatient included in New York state's Medicaid redesign waiver
approved by the centers for medicare and Medicaid services (CMS). Such
reimbursement shall be in the form of fees for such services which are
equivalent to the payments established for such services under the ambu-
latory patient group (APG) rate-setting methodology as utilized by the
department of health or by the office of mental health or office of
addiction services and supports for rate-setting purposes or any such
other fees pursuant to the Medicaid state plan or otherwise approved by
CMS in the Medicaid redesign waiver; provided, however, that the
increase to such fees that shall result from the provisions of this
S. 9007--A 189 A. 10007--A
section shall not, in the aggregate and as determined by the commission-
er of health in consultation with the commissioners of mental health and
addiction services and supports, be greater than the increased funds
made available pursuant to this section. The increase of such behavioral
health fees to providers available under this section shall be for all
rate periods on and after the effective date of section [19] 2 of part
[E] LL of chapter 57 of the laws of [2019] 2022 through March 31, [2027]
2031 for patients in the city of New York, for all rate periods on and
after the effective date of section [19] 2 of part [E] LL of chapter 57
of the laws of [2019] 2022 through March 31, [2027] 2031 for patients
outside the city of New York, and for all rate periods on and after the
effective date of section [19] 2 of part [E] LL of chapter 57 of the
laws of [2019] 2022 through March 31, [2027] 2031 for all services
provided to persons under the age of twenty-one; provided, however, the
commissioner of health, in consultation with the commissioner of
addiction services and supports and the commissioner of mental health,
may require, as a condition of approval of such ambulatory behavioral
health fees, that aggregate managed care expenditures to eligible
providers meet the alternative payment methodology requirements as set
forth in attachment I of the New York state medicaid section one thou-
sand one hundred fifteen medicaid redesign team waiver as approved by
the centers for medicare and medicaid services. The commissioner of
health shall, in consultation with the commissioner of addiction
services and supports and the commissioner of mental health, waive such
conditions if a sufficient number of providers, as determined by the
commissioner, suffer a financial hardship as a consequence of such
alternative payment methodology requirements, or if [he or she] SUCH
COMMISSIONER shall determine that such alternative payment methodologies
significantly threaten individuals access to ambulatory behavioral
health services. Such waiver may be applied on a provider specific or
industry wide basis. Further, such conditions may be waived, as the
commissioner determines necessary, to comply with federal rules or regu-
lations governing these payment methodologies. Nothing in this section
shall prohibit managed care organizations and providers from negotiating
different rates and methods of payment during such periods described,
subject to the approval of the department of health. The department of
health shall consult with the office of addiction services and supports
and the office of mental health in determining whether such alternative
rates shall be approved. The commissioner of health may, in consultation
with the commissioners of mental health and addiction services and
supports, promulgate regulations, including emergency regulations
promulgated prior to October 1, 2013 that establish rates for behavioral
health services, as are necessary to implement the provisions of this
section. Rates promulgated under this section shall be included in the
report required under section 45-c of part A of chapter 56 of the laws
of 2013.
b. Notwithstanding any contrary provision of law, the fees paid by
managed care organizations licensed under article 44 of the public
health law or under article 43 of the insurance law, to providers
licensed pursuant to article 28 of the public health law or article 36,
31 or 32 of the mental hygiene law, for ambulatory behavioral health
services provided to patients enrolled in the child health insurance
program pursuant to title 1-A of article 25 of the public health law,
shall be in the form of fees for such services which are equivalent to
the payments established for such services under the ambulatory patient
group (APG) rate-setting methodology. The commissioner of health shall
S. 9007--A 190 A. 10007--A
consult with the commissioner of addiction services and supports and the
commissioner of the office of mental health in determining such services
and establishing such fees. Such ambulatory behavioral health fees to
providers available under this section shall be for all rate periods on
and after the effective date of this chapter through March 31, [2027]
2031, provided, however, that managed care organizations and providers
may negotiate different rates and methods of payment during such periods
described above, subject to the approval of the department of health.
The department of health shall consult with the office of addiction
services and supports and the office of mental health in determining
whether such alternative rates shall be approved. The report required
under section 16-a of part C of chapter 60 of the laws of 2014 shall
also include the population of patients enrolled in the child health
insurance program pursuant to title 1-A of article 25 of the public
health law in its examination on the transition of behavioral health
services into managed care.
§ 3. Section 2 of part H of chapter 111 of the laws of 2010 relating
to increasing Medicaid payments to providers through managed care organ-
izations and providing equivalent fees through an ambulatory patient
group methodology, as amended by section 3 of part LL of chapter 57 of
the laws of 2022, is amended to read as follows:
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010, and shall
expire on March 31, [2027] 2031.
§ 4. This act shall take effect immediately; provided, however that
the amendments to section 1 of part H of chapter 111 of the laws of 2010
relating to increasing Medicaid payments to providers through managed
care organizations and providing equivalent fees through an ambulatory
patient group methodology, made by section two of this act shall not
affect the expiration of such section and shall expire therewith.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through S of this act shall be
as specifically set forth in the last section of such Parts.