§ 206. Commissioner; general powers and duties. 1. The commissioner
shall:

(a) take cognizance of the interests of health and life of the people
of the state, and of all matters pertaining thereto and exercise the
functions, powers and duties of the department prescribed by law;

(b) exercise general supervision over the work of all local boards of
health and health officers, unless otherwise provided by law;

(c) exercise general supervision and control of the medical treatment
of patients in the state institutions, public health centers and clinics
in the department;

(d) investigate the causes of disease, epidemics, the sources of
mortality, and the effect of localities, employments and other
conditions, upon the public health;

(e) obtain, collect and preserve such information relating to
marriage, birth, mortality, disease and health as may be useful in the
discharge of his duties or may contribute to the promotion of health or
the security of life in the state; establish rules and regulations for
the determination of asymptomatic conditions including, but not limited
to RH sensitivity, anemia, sickle cell anemia, cooley's anemia and
venereal disease;

(f) enforce the public health law, the sanitary code and the
provisions of the medical assistance program, or its successor, pursuant
to titles eleven, eleven-A and eleven-B of the social services law, as
amended by this chapter;

(g) cause to be made from time to time examinations and inspections of
the sanitary conditions of each state institution and transmit copies of
the reports and recommendations thereon to the head of the state
department having jurisdiction over the institution examined;

(h) cause to be made from time to time, examinations and inspections
of all labor camps and enforce the provisions of the sanitary code
relating thereto;

(i) cause to be made, from time to time, examinations and inspections
of all Indian reservations, and enforce all provisions of the sanitary
code relating thereto.

(j) cause to be made such scientific studies and research which have
for their purpose the reduction of morbidity and mortality and the
improvement of the quality of medical care through the conduction of
medical audits within the state. In conducting such studies and
research, the commissioner is authorized to receive reports on forms
prepared by him and the furnishing of such information to the
commissioner, or his authorized representatives, shall not subject any
person, hospital, sanitarium, rest home, nursing home, or other person
or agency furnishing such information to any action for damages or other
relief. Such information when received by the commissioner, or his
authorized representatives, shall be kept confidential and shall be used
solely for the purposes of medical or scientific research or the
improvement of the quality of medical care through the conduction of
medical audits. Such information shall not be admissible as evidence in
any action of any kind in any court or before any other tribunal, board,
agency, or person.

(k) notwithstanding any other provision of law, with the advice and
assistance of the commissioner of agriculture and markets, establish
rules and regulations to require such treatment of food or food
products, including the addition or removal of specific substances, as
may be necessary for the protection of the public health against the
hazards of ionizing radiation.

(l) establish and operate such adult and child immunization programs
as are necessary to prevent or minimize the spread of disease and to
protect the public health. Such programs may include the purchase and
distribution of vaccines to providers and municipalities, the operation
of public immunization programs, quality assurance for immunization
related activities and other immunization related activities. The
commissioner may promulgate such regulations as are necessary for the
implementation of this paragraph. Nothing in this paragraph shall
authorize mandatory immunization of adults or children, except as
provided in sections twenty-one hundred sixty-four and twenty-one
hundred sixty-five of this chapter.

(m) make such rules and regulations which may be necessary to require
pre-employment physical examination and thereafter require such annual
examinations of all hospital employees for discovery of tuberculosis and
other communicable diseases as he deems necessary for the safety and
well being of the people of the state.

(n) by rule and regulation establish criteria for identification of
areas and conditions involving high risk of lead poisoning, specify
methods of detection of lead in dwellings, provide for the
administration of prescribed tests for lead poisoning and the recording
and reporting of the results thereof, and provide for professional and
public education, as may be necessary for the protection of the public
health against the hazards of lead poisoning.

(o) establish and publish a list of drug products, each of which shall
meet the following conditions:

(1) The drug product has been certified or approved by the
commissioner of the Federal Food and Drug Administration as being safe
and effective for its labeled indications for use, and a new-drug
application or an abbreviated new-drug application approved pursuant to
the Federal Food, Drug, and Cosmetic Act is held for such drug product;
and

(2) The commissioner of the Federal Food and Drug Administration has
evaluated such drug product as:

(i) pharmaceutically and therapeutically equivalent and has listed
such drug product on the list of approved drugs products with the
therapeutic equivalence evaluations, provided, however, that the list
prepared by the commissioner shall not include any drug product which
the commissioner of the Federal Food and Drug Administration has
identified as having an actual or potential bioequivalence problem; or

(ii) as an interchangeable biological product and has listed such
product on the list of approved drug products with interchangeability.

(p) promulgate rules and regulations establishing procedures to be
used in implementing the provisions of article thirteen-E of this
chapter as limited by section thirteen hundred ninety-nine-x of article
thirteen-E of this chapter. Such rules and regulations shall include,
but not be limited to, such matters as may be required to ensure that
the established procedures thereunder shall at least be in compliance
with the relevant provisions of the code of fair procedure set forth in
section seventy-three of the civil rights law.

(q) have the authority to carry out the provisions of section one
hundred seventy-seven-a of the navigation law.

* (r) shall prepare for publication, and cause to be distributed by
general hospitals to patients upon inpatient admission, a booklet
containing the information and materials required to be distributed to
patients pursuant to this chapter and federal law. Where reasonable and
appropriate, the booklet may summarize or describe information and
materials required to be distributed to the patient, and how they may be
obtained. The commissioner shall prepare and distribute to general
hospitals physical, electronic or other materials from which the booklet
can be produced. The commissioner shall revise and update such prepared
booklet on a timely basis to reflect any changes in patient information
and materials required to be distributed pursuant to law.

* NB There are 2 par. (r)'s

* (r) by rule and regulation, establish standards necessary and
appropriate for the implementation of item (ii) of clause (a) of section
three hundred twenty-two-c of the general business law. Such rules and
regulations shall be approved by the New York state fire prevention and
building code council.

* NB There are 2 par. (r)'s

(s) issue a readiness report to the legislature, detailing the status
of the statewide health benefit exchange, state enrollment center, and
state Medicaid enrollment center established under executive order
number forty-two of two thousand twelve, by August thirtieth, two
thousand thirteen. The readiness report may be provided in electronic
format and shall be distributed to the temporary president of the
senate, the speaker of the assembly, the chair of the senate standing
committee on health, and the chair of the assembly health committee. The
readiness report shall outline the progress and preparedness of the
health benefit exchange, state enrollment center, and state Medicaid
enrollment center and detail how the exchange, state enrollment center,
and state Medicaid enrollment center will carry out their respective
functions including but not limited to:

(i) the process by which the health benefit exchange, state enrollment
center, and state Medicaid enrollment center will begin accepting
applications on October first, two thousand thirteen;

(ii) the process by which the health benefit exchange, state
enrollment center, and state Medicaid enrollment center will certify
qualified health plans;

(iii) the anticipated cost of individual and small group plans being
offered in the health benefit exchange;

(iv) the number of navigators approved;

(v) the plan for full operation by January first, two thousand
fourteen; and

(vi) the plan to become fiscally self-sustaining by January first, two
thousand fifteen.

(t) The department shall submit as part of its annual report prepared
pursuant to section one hundred sixty-four of the executive law, which
may be submitted in electronic format, comprehensive information
including, but not limited to, a detailed description of the
department's mission, priorities and goals for the upcoming year,
achievements of the past year, and any relevant data and statistics.

(u) The commissioner shall provide a written or electronic copy of any
state plan amendment submitted to the centers for Medicare and Medicaid
services to the chair of the senate standing committee on health and the
chair of the assembly health committee, no later than five business days
from the date of mailing or submission.

* (v) require, in consultation and cooperation with the superintendent
of financial services, that every individual applying for health care
coverage through the state health benefit exchange established pursuant
to the federal Patient Protection and Affordable Care Act (P.L.
111-148), as amended by the federal Health Care and Education
Reconciliation Act of 2010 (P.L. 111-152), be provided space so that
such applicant may register in the "donate life registry" for organ, eye
and tissue donations under section forty-three hundred ten of this
chapter with the following stated in clear conspicuous type:

"Would you like to be added to the Donate Life Registry? Check box for
'yes' or 'skip this question'."

The commissioner shall not maintain records of any person who checks
"skip this question". Except where the application is made in person or
electronically, failure to check a box shall not impair the validity of
an application, and failure to check "yes" or checking "skip this
question" shall not be construed to imply a wish not to donate. In the
case of an applicant under eighteen years of age, checking "yes" shall
not constitute consent to make an anatomical gift or registration in the
donate life registry. Where an applicant has previously consented to
make an anatomical gift or registered in the donate life registry,
checking "skip this question" or failing to check a box shall not impair
that consent or registration.

* NB There are 2 par (v)'s

* (v) by rule and regulation, cause the distribution of crib safety
information. (1) The commissioner shall require that every hospital and
birth center distribute at the time of discharge directly to each
maternity patient and, upon request, to the general public an
informational leaflet concerning crib safety. Such leaflet shall be
designed by the commissioner in conjunction with the director of the
division of consumer protection, on behalf of the consumer protection
division, and shall contain information detailing safe sleeping
procedures for babies, crib product recalls and disclosure of the
federal standards on the manufacture and sale of cribs.

(2) Such leaflet shall be made available to hospitals and birth
centers by the department on its website and shall be provided in
English, as well as the top six languages other than English spoken in
the state according to the latest available data from the United States
Bureau of Census.

(3) Hospital staff shall inquire whether the maternity patient has a
new crib available for any newborns. If the maternity patients do not
have a new crib available, hospital staff shall provide information
about where to obtain a new crib, including social services agencies,
non-profit service providers or other relevant organizations.

* NB There are 2 par (v)'s

2. The commissioner and any person authorized by him so to do, may,
without fee or hindrance, enter, examine and survey all grounds,
erections, vehicles, structures, apartments, buildings and places.

3. The commissioner may, on behalf and in the interest of the health
of the people of the state enter into such contracts or agreements with
individuals, colleges, universities, associations, corporations,
municipalities and other units of government as may be deemed necessary
and advisable to carry out the general intent and purposes of the public
health law and the sanitary code. Such contracts may provide for payment
by the state, within the limit of funds available, for materials,
equipment or services.

4. The commissioner may:

(a) issue subpoenas, compel the attendance of witnesses and compel
them to testify in any matter or proceeding before him, and may also
require a witness to attend and give testimony in a county where he
resides or has a place of business without the payment of any fees;

(b) annul or modify an order, regulation, by-law or ordinance of a
local board of health concerning a matter which in his judgment affects
the public health beyond the territory over which such local board of
health has jurisdiction;

(c) assess any penalty prescribed for a violation of or a failure to
comply with any term or provision of this chapter or of any lawful
notice, order or regulation pursuant thereto, not exceeding two thousand
dollars for every such violation or failure, which penalty may be
assessed after a hearing or an opportunity to be heard;

(d) assess civil penalties against a public water system which
provides water to the public for human consumption through pipes or
other constructed conveyances, as further defined in the state sanitary
code or, in the case of mass gatherings, the person who holds or
promotes the mass gathering as defined in subdivision five of section
two hundred twenty-five of this article not to exceed twenty-five
thousand dollars per day, for each violation of or failure to comply
with any term or provision of the state sanitary code as it relates to
public water systems that serve a population of five thousand or more
persons or any mass gatherings, which penalty may be assessed after a
hearing or an opportunity to be heard.

5. Subject to the provisions of the state finance law, the
commissioner is authorized to take, and administer for the state any
grant, gift or bequest to be applied, principal or income or both, for
the purposes specified in such grant, to the maintenance and use of any
hospital, institution or service in the department.

6. The commissioner may enter into contracts:

(a) with corporations duly licensed in the state of New York to
transact the business of accident and health insurance to provide to
sick and disabled persons insured by them such home care, including
nursing and other paramedical services (excluding physicians' services)
as may be needed by them;

(b) with hospital service corporations organized and operating in
accordance with article forty-three of the insurance law to provide to
their subscribers nursing service and such other paramedical services as
would have been available in a hospital (excluding physicians' services)
at rates which shall prior to payment be approved as to reasonableness
by the superintendent of financial services;

(c) with any municipal corporation or local, state or federal agency
to provide such home care, including nursing and other paramedical
services (excluding physicians' services) as may be needed by sick and
disabled persons;

(d) with medical expense indemnity corporations organized and
operating in accordance with article forty-three of the insurance law to
provide their subscribers with such home care, including nursing and
other paramedical services, as may be needed by them at rates which
shall prior to payment be approved as to reasonableness by the
superintendent of financial services; and

(e) with any non-profit corporation, agency or association established
for the purpose of improvement of health services or for the purpose of
providing home care for sick and disabled persons, including nursing and
other paramedical services (excluding physicians' services) as may be
needed by such persons.

Such services may be provided by the state health commissioner by
subcontract with a city or county rendering nursing and other
paramedical services or any non-profit corporation, agency or
association established for the purpose of the improvement of health
services or for the purpose of providing home care for sick and disabled
persons including nursing and other paramedical services (excluding
physicians' services).

The state health commissioner shall establish the fees to be charged
for such services to be rendered pursuant to such contracts and, upon
receipt of such fees, shall remit the same to the comptroller.

7. The commissioner may establish fees for nursing and other
paramedical services (excluding physicians' services) rendered to people
sick at home.

Such services may be provided by the state health commissioner or by
subcontract with a city or county rendering nursing and other
paramedical services or any non-profit corporation, agency, or
association established for the purpose of the improvement of health
services or for the purpose of providing home care for sick and disabled
persons including nursing and other paramedical services (excluding
physicians' services).

8. Whenever, in this chapter, the commissioner is empowered to or
charged with the responsibility to do or perform any act, he may
deputize in writing any officer or employee in the department to do or
perform the act in his place and stead.

9. The commissioner may deputize in writing any local health officer
to do or perform in his place and stead those duties and
responsibilities charged upon the commissioner by paragraphs (d), (g),
(h) and (i) of subdivision one of this section, those duties of
inspection and enforcement charged upon the commissioner by paragraph f
of subdivision three of section six thousand five hundred fifty-eight of
the education law and those duties of inspection and supervision charged
upon the department by paragraphs (m), (n), (r) and (s) of subdivision
one of section two hundred one of this chapter; provided, however, in
the city of New York such deputization shall be subject to the prior
approval of the mayor of such city.

10. The commissioner, with the approval of the state director of the
budget, shall establish and promulgate a schedule of proportional shares
for cost sharing under subdivision one of section three hundred
sixty-nine-d of the social services law. In developing such a schedule,
the commissioner shall take into consideration various options available
for obtaining health care services, the availability of such services,
and the impact of cost sharing on prudent utilization and efficient
provision of services without undue barriers to care for persons
eligible for assistance under the catastrophic health care expense
program established by section three hundred sixty-nine-c of the social
services law.

11. The commissioner shall cooperate with the commissioner of the
state department of environmental conservation, district attorneys and
the department of law in providing assistance in the investigation and
prosecutions of violations of article twenty-seven of the environmental
conservation law.

* 12. (a) The commissioner shall establish and assess a regulatory
assessment fee which will be charged to providers of health-care
services regulated by the department under the provisions of articles
twenty-eight, thirty-six and forty-four of this chapter, including
health maintenance organizations established pursuant to article
forty-three of the insurance law. The level of such regulatory fees
shall be sufficient to recover the costs related to regulating such
providers and costs related to the establishment and auditing of rates
of reimbursement for the state fiscal year ending during the annual
period in which such fee shall be assessed. Such costs will be certified
by the director of the budget to the commissioner and shall include
direct and indirect costs. The commissioner, subject to the approval of
the director of the budget, shall develop a means of distributing the
assessment of such a fee among the affected health-care providers based
upon each provider's proportionate share of the sum of total costs and
revenues reported for all such providers. For the purposes of this
section, the sum of total costs and revenues shall be calculated by
including, for the most recent annual period for which certified data is
available, total reported costs of a facility except that amounts
included for general hospital outpatient and emergency services and
treatment or diagnostic center services shall be based upon reported, or
in its absence, estimated revenues, and costs included for article
forty-four providers, and article forty-three providers of the insurance
law shall exclude costs associated with the purchase of inpatient
services.

(b) The fees assessed pursuant to this subdivision shall be deemed
allowable operating costs in the determination of reimbursement rates
and charges established pursuant to articles twenty-eight, thirty-six
and forty-four of this chapter and article forty-three of the insurance
law. The costs incurred for this purpose during a given rate year shall
be included in the respective reimbursement rates for each such year.
Charges established pursuant to subdivisions six and thirteen of section
twenty-eight hundred seven-a of this chapter shall also be permitted to
increase to include the annual costs associated with the assessment of
such fee. The cost of such fee shall not be subject to reimbursement
ceilings or other penalties used by the commissioner for the purpose of
establishing rates of reimbursement pursuant to articles twenty-eight,
thirty-six and forty-four of this chapter and article forty-three of the
insurance law. Whenever an adjustment in such fees is made,
reimbursement rates shall also be adjusted to include the increase or
decrease in costs associated with such assessment fee.

(c) There is hereby created and established in the joint custody of
the comptroller and the commissioner of taxation and finance an account
to be known as the health care regulatory account. Notwithstanding
section one hundred twenty-one of the state finance law or any other law
to the contrary, the commissioner shall pay to the state treasurer for
deposit into such account any revenues received from the regulatory fee
or amounts withheld pursuant to paragraph (d) of this subdivision. The
commissioner shall establish by regulation a schedule of payments which
to the extent practicable shall reflect the timeliness of reimbursement
received by providers for the cost of such fee and define timely
payments of the regulatory assessment fee for the purposes of
implementing paragraph (d) of this subdivision. Payments established
pursuant to this paragraph shall not be due until reimbursement rates
established pursuant to articles twenty-eight, thirty-six and forty-four
of this chapter and article forty-three of the insurance law are
adjusted to include the annual cost of such fee. The fee may be adjusted
by the commissioner at any time, but in no event shall the fees exceed
the amount appropriated for transfer to the general fund from the health
care regulatory account.

(d) Upon receipt of notification from the commissioner or the director
of the budget, the comptroller or a fiscal intermediary designated by
the director of the budget shall withhold from the amount of any payment
to be made by the state to a provider enumerated in paragraph (a) of
this subdivision the amount of such arrearage resulting from such
provider's failure to make a timely payment of the regulatory assessment
fee in accordance with the schedule promulgated by the commissioner.
Upon withholding such amount, the comptroller or a designated fiscal
intermediary shall pay the commissioner such amount withheld.

* NB (Effective pending Federal Government Ruling)

* 13. (a) The commissioner shall establish and assess a fee which will
be charged to providers of health-care services regulated by the
department under the provisions of articles twenty-eight, thirty-six and
forty-four of this chapter, including health maintenance organizations
established pursuant to article forty-three of the insurance law. The
level of such fee shall be sufficient to recover the costs of making
grants to health systems agencies and to match other contributions
pursuant to subdivision (g) of section two thousand nine hundred four-b
of this chapter (the health systems agency fee). The commissioner,
subject to the approval of the director of the budget, shall develop a
means of distributing the assessment of the fee among the affected
health-care providers based upon each provider's proportionate share of
the sum of total costs and revenues reported for all such providers. For
the purposes of this section, the sum of total costs and revenues shall
be calculated by including, for the most recent annual period for which
certified data is available, total reported costs of a facility except
that amounts included for general hospital outpatient and emergency
services and treatment or diagnostic center services shall be based upon
reported, or in its absence estimated revenues, and costs included for
article forty-four providers and article forty-three providers of the
insurance law, shall exclude costs associated with the purchase of
inpatient services. The fee shall not exceed one-tenth of one percent of
the total costs or revenues reported by such provider. There is hereby
created and established in the joint custody of the comptroller and the
commissioner of taxation and finance an account to be known as the
health systems agency account. Notwithstanding section one hundred
twenty-one of the state finance law, or any other law to the contrary,
the commissioner shall pay to the state treasurer for deposit into such
account any revenues received from the health systems agency fees or
amounts withheld pursuant to paragraph (c) of this subdivision for
health systems agency fee obligations into the health systems agency
account. The monies deposited to the health systems agency account shall
be used to make grants to health systems agencies pursuant to
subdivision (f) of section twenty-nine hundred four-b of this chapter
and to match contributions pursuant to subdivision (g) of section two
thousand nine hundred four-b of this chapter. The commissioner shall
establish by regulation a schedule of payments which to the extent
practicable shall reflect the timeliness of reimbursement received by
providers for the cost of such fee and a definition of timely payments
for the purposes of implementing paragraph (c) of this subdivision. No
payment shall be due until reimbursement rates established pursuant to
articles twenty-eight, thirty-six and forty-four of this chapter and
article forty-three of the insurance law are adjusted to include the
costs of the fee. The fee may be adjusted by the commissioner at any
time, but in no event shall the fees exceed the limitation set forth in
this paragraph.

(b) The fees assessed pursuant to this subdivision shall be deemed
allowable operating costs in the determination of reimbursement rates
and charges established pursuant to articles twenty-eight, thirty-six
and forty-four of this chapter and article forty-three of the insurance
law. The costs incurred for this purpose during a given rate year shall
be included in the respective reimbursement rates for each such year.
Charges established pursuant to subdivisions six and thirteen of section
twenty-eight hundred seven-a of this chapter shall also be permitted to
increase to include the annual costs associated with the assessment of
such fee. The cost of such fee shall not be subject to reimbursement
ceilings or other penalties used by the commissioner for the purpose of
establishing rates of reimbursement pursuant to articles twenty-eight,
thirty-six and forty-four of this chapter and article forty-three of the
insurance law. Whenever an adjustment in such fees is made,
reimbursement rates shall also be adjusted to include the increase or
decrease in costs associated with such fee.

(c) Upon receipt of notification from the commissioner or the director
of the budget, the comptroller or a fiscal intermediary designated by
the director of the budget shall withhold from the amount of any payment
to be made by the state to a provider enumerated in paragraph (a) of
this subdivision the amount of such arrearage resulting from such
provider's failure to make a timely payment of the fee in accordance
with the schedule promulgated by the commissioner. Upon withholding such
amount, the comptroller or a designated fiscal intermediary shall pay
the commissioner such amount withheld.

* NB (Effective pending Federal Government Ruling)

14. (a) Notwithstanding section one hundred twelve of the state
finance law or any other provision of law to the contrary, the
commissioner is authorized to establish a plan for the collection and
disbursement of clinical practice income resulting from the clinical
practice of licensed health professionals employed by Roswell Park
Cancer Institute.

(b) For the purposes of this subdivision the following words shall
have the following meanings:

(i) "clinical practice" means providing all forms of medical and
health care, including patient consultations, and performing clinical
investigation involving patients, at or through Roswell Park Cancer
Institute, for which acts a fee for professional service is customarily
charged.

(ii) "clinical practice income" means the income from fees for
services of licensed health professionals rendered in connection with
clinical practice.

(iii) "clinical practice plan" means a facility-based plan established
to provide for the management, including collection and disbursement, of
clinical practice income, subject to direction by a facility-based
governing board.

(c) The commissioner is authorized to promulgate such rules and
regulations as may be necessary to implement the provisions of this
subdivision. Such rules shall include, but not be limited to, criteria
for participation in the clinical practice plan, including who
contributes and who may receive income from the plan, the purposes for
which such income may be disbursed, the maximum allowable compensation,
the fringe benefits provided by the plan, provision for an accounting
system for recording all receipts and disbursements of fees received,
and provision for fiscal reports to the commissioner and an annual audit
of such accounts by the state and/or an independent auditor.

Notwithstanding any law, rule or regulation to the contrary, the
commissioner may determine the fringe benefits to be provided to the
clinical practice plan members from clinical practice income and may
authorize the expenditure of clinical practice income for this purpose
or to supplement fringe benefits provided from state appropriations.

(d) Any clinical practice plan established pursuant to this
subdivision shall not restrict the authority of the comptroller in
paragraph (c) of subdivision two of section four hundred nine of this
chapter to maintain at all times on deposit in the department of health
income fund established pursuant to section four hundred nine of this
chapter the aggregate amount of money needed by the department during
six calendar months to comply in full with all obligations of the
department under the terms of every lease, sublease, or agreement of the
department with the dormitory authority which is then in effect.

(e) Employees with a faculty appointment participating in a clinical
practice plan at Roswell Park Cancer Institute established pursuant to
subdivision fourteen of section two hundred six of this chapter who are
eligible to participate in the New York state employees' retirement
system may elect, within ninety days of becoming eligible to participate
in such system, in lieu of participating in such system, to participate
in the optional retirement program available to employees of the state
university of New York pursuant to article eight-B of the education law,
subject to the terms and conditions of that article and to the
provisions of the retirement and social security law.

* 15. Notwithstanding any other provision of law to the contrary, the
commissioner is authorized to establish a statewide in-line skate, skate
board, and bicycle helmet public education and awareness program and a
statewide in-line skate, skate board, and bicycle helmet distribution
program. The purpose of the statewide in-line skate, skate board, and
bicycle helmet public education and awareness program is to provide a
plan for the coordination of county, city, town and village efforts to
reduce in-line skate, skate board, and bicycle related injuries and
fatalities. The purpose of the statewide in-line skate, skate board, and
bicycle helmet distribution program is to provide a plan for the
coordination of county, city, town and village efforts to distribute
helmets to persons who can demonstrate an economic hardship that
precludes them from purchasing such helmet. The commissioner shall make
all necessary efforts to ensure that an in-line skate, skate board, and
bicycle helmet distribution program is instituted in each county of the
state. The commissioner is authorized to promulgate such rules and
regulations as may be necessary to implement the provisions of this
subdivision.

* NB There are 3 sub. 15's

* 15. (a) The commissioner shall promulgate rules and regulations
which establish:

(i) procedures to review and approve rape crisis programs that provide
training to rape crisis counselors as defined in section four thousand
five hundred ten of the civil practice law and rules;

(ii) minimum training standards for rape crisis counselors;

(iii) procedures to enable approved rape crisis programs to certify
current and future rape crisis counselors, including volunteer
counselors, provided such rape crisis counselors have met the minimum
training standards as set forth in this subdivision; and

(iv) procedures to periodically review approved training programs to
assure they continue to satisfy established standards.

(b) Rape crisis programs approved by the commissioner shall provide
training programs consisting of at least thirty hours of pre-service
training and within the first year of service at least ten hours of
in-service training for rape crisis counselors. This training shall
include but not be limited to, instruction on the following:

(i) the dynamics of sexual offenses, sexual abuses or incest;

(ii) crisis intervention techniques;

(iii) client-counselor confidentiality requirements;

(iv) communication skills and intervention techniques;

(v) an overview of the state criminal justice system;

(vi) an update and review of state laws on sexual offenses, sexual
abuse or incest;

(vii) the availability of state and community resources for clients;

(viii) working with a diverse population;

(ix) an overview of child abuse and maltreatment identification and
reporting responsibilities; and

(x) information on the availability of medical and legal assistance
for such clients.

(c) The department shall provide technical assistance to approved rape
crisis programs to implement training programs in accordance with the
minimum standards set forth in this subdivision.

* NB There are 3 sub. 15's

* 15. The commissioner is authorized to make grants and enter into
contracts, as recommended by the state task force on clinical practice
guidelines and medical technology assessment established pursuant to
section twenty-eight hundred four-a of this chapter, for research and/or
projects to promote the identification, evaluation, development and/or
application of clinical practice guidelines and appropriate use of
medical technology, but in no way to direct or mandate the use of such
guidelines or technology, to the extent of funds available therefor from
the commissioner's priority distributions pursuant to subparagraph (ii)
of paragraph (f) of subdivision nineteen of section twenty-eight hundred
seven-c of this chapter. No grants or contracts executed pursuant to
this section shall be for the purpose of developing clinical practice
guideline based reimbursement methodologies or any other regulations.
For the purposes of this subdivision, "clinical practice guidelines"
shall mean systematically developed statements to assist physician and
patient decisions about the appropriate health care for specific
clinical circumstances, and "medical technology" shall mean an
instrument or unit of equipment or technique for use as a health related
treatment, testing or diagnostic tool.

* NB Expired June 30, 1996; There are 3 sub. 15's

16. The commissioner, in consultation with the commissioner of the
department of motor vehicles, shall promulgate rules and regulations
specifying the medical conditions based on health and safety which
justify granting an exception to the requirements of subparagraphs one
and two of paragraph (b) of subdivision twelve-a of section three
hundred seventy-five of the vehicle and traffic law.

* 17. (a) The commissioner shall enter into an agreement with the
commissioner of taxation and finance which shall set forth the
procedures for the crediting of overpayments of tax owed to an
individual taxpayer, estate or trust to the repayment of overpayments of
medical assistance payments owed to the department or a social services
district by such person pursuant to the provisions of section one
hundred seventy-one-f of the tax law and is authorized to furnish to the
commissioner of taxation and finance such information and to take such
other actions as may be necessary to carry out the agreement provided
for in such section, for the crediting of overpayments of tax to
repayment of overpayments of medical assistance payments received by an
individual who is or has been enrolled as a provider in the New York
state medical assistance program as established under title eleven of
article five of the social services law.

(b) The department shall by regulation establish procedures by which
any individual, estate or trust which is the subject of a certification
to the department of taxation and finance in accordance with such
agreement may contest such certification. Such regulations and the
notice required by subdivision three of section one hundred
seventy-one-f of the tax law shall set forth defenses which may be
available to the individual, estate or trust to contest such
certification and the manner in which a review of the certification
based on such defenses may be obtained.

(c) In accordance with such agreement and the provisions of section
one hundred seventy-one-f of the tax law, the department shall be
entitled to receive payments to satisfy the payment obligation of a
person who is receiving or has received payment as a provider in the New
York state medical assistance program established under title eleven of
article five of the social services law, in accordance with a written
final determination of the department, provided that a proceeding for
administrative or judicial review shall not be pending and the time for
initiation of such proceedings shall be expired.

* NB There are 2 sub. 17's

* 17. The department, upon completion of a review of the existing
scientific research regarding allergic reactions to natural rubber latex
products, shall issue guidelines, in consultation with health care
providers, for a latex management program, in health care settings.

* NB There are 2 sub. 17's

* 18. The commissioner is authorized and directed to promulgate rules
and regulations to establish standards for water wells, including but
not limited to drilling, construction, abandonment, repair, maintenance,
water flow, including testing thereof, and pump standards for such
wells.

* NB There are 2 sub. 18's

* 18. The commissioner, subject to the approval of the director of the
budget, is authorized to approve and implement medicaid demonstration
programs designed to provide additional knowledge and experience and to
collect information concerning alternative methodologies for
reimbursement, delivery of medical services, or eligibility for medical
assistance in hospice operated nursing homes and is further authorized
to waive such provisions of article twenty-eight of this chapter and
title eleven of article five of the social services law as are necessary
to implement such demonstration programs when such waiver will promote
the efficient delivery of appropriate, quality, cost-effective services
and when the health, safety and general welfare of patients will not be
impaired as a result of such waiver.

* NB There are 2 sub. 18's

18-a. Health information technology demonstration program. (a) (i) The
commissioner is authorized to issue grant funding to one or more
organizations broadly representative of physicians licensed in this
state, from funds made available for the purpose of funding research and
demonstration projects under subparagraph (ii) of this paragraph
designed to promote the development of electronic health information
exchange technologies in order to facilitate the adoption of
interoperable health records.

(ii) Project funding shall be disbursed to projects pursuant to a
request for proposals based on criteria relating to promoting the
efficient and effective delivery of quality physician services.
Demonstration projects eligible for funding under this paragraph shall
include, but not be limited to:

(A) efforts to incentivize electronic health record adoption;

(B) interconnection of physicians through regional collaborations;

(C) efforts to promote personalized health care and consumer choice;

(D) efforts to enhance health care outcomes and health status
generally through interoperable public health surveillance systems and
streamlined quality monitoring.

(iii) The department shall issue a report to the governor, the
temporary president of the senate and the speaker of the assembly within
one year following the issuance of the grants. Such report shall
contain, at a minimum, the following information: the demonstration
projects implemented pursuant to this paragraph, their date of
implementation, their costs and the appropriateness of a broader
application of the health information technology program to increase the
quality and efficiency of health care across the state.

* (b) The commissioner shall:

(i) post on its website by September first, two thousand fifteen and
quarterly thereafter, information on the uses of funding in support of
the Statewide Health Information Network of New York (SHIN-NY),
including how such funds may be used to:

(A) support hospitals, physicians, and other providers in the
achievement of federal meaningful use requirements;

(B) support DSRIP health information exchange and data requirements to
help performing provider systems and the state meet DSRIP quality goals;
and

(C) increase participation in regional health information
organizations by providers at reasonable costs to the providers; and

(ii) convene a workgroup to:

(A) evaluate the state's health information technology infrastructure
and systems, as well as other related plans and projects designed to
make improvements or modifications to such infrastructure and systems
including, but not limited to, the all payor database (APD), the state
planning and research cooperative system (SPARCS), regional health
information organizations (RHIOs), the statewide health information
network of New York (SHIN-NY) and medical assistance eligibility
systems; and

(B) develop recommendations for the state to move toward a
comprehensive health claims and clinical database aimed at improving
quality of care, efficiency, cost of care and patient satisfaction
available in a self-sustainable, non-duplicative, interactive and
interoperable manner that ensures safeguards for privacy,
confidentiality and security;

(iii) submit an interim report to the governor, the temporary
president of the senate and the speaker of the assembly, which shall
detail the concerns and issues associated with establishing the state's
health information technology infrastructure considered by the
workgroup, on or before December first, two thousand fourteen; and

(iv) submit a report to the governor, the temporary president of the
senate and the speaker of the assembly, which shall fully consider the
evaluation and recommendations of the workgroup, on or before December
first, two thousand fifteen.

* NB Effective until March 31, 2026

* (b) The commissioner shall make such rules and regulations as may be
necessary to implement federal policies and disburse funds as required
by the American Recovery and Reinvestment Act of 2009 and to promote the
development of a statewide health information network of New York
(SHIN-NY) to enable widespread interoperability among disparate health
information systems, including electronic health records, personal
health records and public health information systems, while protecting
privacy and security. Such rules and regulations shall include, but not
be limited to, requirements for organizations covered by 42 U.S.C. 17938
or any other organizations that exchange health information through the
SHIN-NY.

* NB Effective March 31, 2026

(c) The members of the workgroup shall include, at a minimum, three
members who represent RHIOs, two members employed by the department who
are involved in the development of the SHIN-NY and the APD, two members
who represent physicians, two members who represent hospitals, two
members who represent home care agencies, one member who represents
federally qualified health centers, one member who represents county
health commissioners, the chair of the senate health committee or his or
her designee, the chair of the assembly health committee or his or her
designee, and other individuals with expertise in matters relevant to
the charge of the workgroup.

* (d) The commissioner may make such rules and regulations as may be
necessary to implement federal policies and disburse funds as required
by the American Recovery and Reinvestment Act of 2009 and to promote the
development of a self-sufficient SHIN-NY to enable widespread,
non-duplicative interoperability among disparate health information
systems, including electronic health records, personal health records,
health care claims, payment and other administrative data, and public
health information systems, while protecting privacy and security. Such
rules and regulations shall include, but not be limited to, requirements
for organizations covered by 42 U.S.C. 17938 or any other organizations
that exchange health information through the SHIN-NY or any other
statewide health information system recommended by the workgroup. If the
commissioner seeks to promulgate rules and regulations prior to issuance
of the report identified in subparagraph (iv) of paragraph (b) of this
subdivision, the commissioner shall submit the proposed regulations to
the workgroup for its input. If the commissioner seeks to promulgate
rules and regulations after the issuance of the report identified in
such subparagraph (iv) then the commissioner shall consider the report
and recommendations of the workgroup. If the commissioner acts in a
manner inconsistent with the input or recommendations of the workgroup,
he or she shall provide the reasons therefor.

* NB Effective until March 31, 2026

* 19. The commissioner is authorized and directed to promulgate rules
and regulations as may be necessary, with respect to the form and
content of applications for licenses, the fees to be charged for
obtaining licenses, permits, duplicates and renewals, the reception
thereof, the investigation and examination of applicants and of
prospective applicants taking examinations and their qualifications, the
inquiry into the operation of body piercing or tattooing studios and the
conducting of periodic inspection of facilities to determine compliance
by the tattoo or body piercing studio with applicable statutes, rules
and regulations, appropriate penalties for failure to abide by rules and
regulations promulgated pursuant to this article, and additional visits
that may be made to tattoo or body piercing studios to determine whether
violations or deficiencies have been corrected, to investigate any
complaint, and for any other purposes deemed necessary and appropriate
by the commissioner. Such regulations shall include, but not be limited
to, the hygienic requirements for sterilization of sharps, needles, and
other supplies and equipment, the general cleanliness of the body
piercing studio or tattoo studio, the disposal of each sharp and other
single use supplies after use on one customer, the proper disposal of
contaminated supplies and equipment, and other matters incidental or
appropriate to the powers and duties of the commissioner as prescribed
by this subdivision and for the proper administration and enforcement of
the provisions of this subdivision to ensure the health, safety and
welfare of the public.

* NB There are 2 sub. 19's

* 19. (a) The commissioner shall ensure that any contracts entered
into, renewed, extended, modified or in any way made or continued with
entities pursuant to article twenty-eight of this chapter to receive,
distribute and otherwise administer funds for the pools specified in
this subdivision, require such pool administrators to submit directly to
the temporary president of the senate and the speaker of the assembly
quarterly reports on the collection, pooling and distribution of funds
pursuant to the following sections of this chapter:

(i) paragraph (a) of subdivision eighteen of section twenty-eight
hundred seven-c of this chapter, providing for a one percent assessment
on hospital revenues;

(ii) section twenty-eight hundred seven-j, establishing allowances on
net patient service revenues;

(iii) section twenty-eight hundred seven-k, establishing the general
hospital indigent care pool;

(iv) section twenty-eight hundred seven-l, establishing the health
care initiatives pool;

(v) section twenty-eight hundred seven-m, establishing regional
professional education pools;

(vi) section twenty-eight hundred seven-s, establishing professional
education pool funding;

(vii) section twenty-eight hundred seven-t, establishing assessments
on covered lives; and

(viii) section twenty-eight hundred seven-v, establishing tobacco
control and insurance initiatives pool.

The commissioner shall assist such pool administrators, as necessary,
in the fulfillment of this requirement.

(b) Reports filed pursuant to paragraph (a) of this subdivision shall,
at a minimum, for each quarterly period

(i) profile, as of the end of each quarter and based on the available
data, all revenue collected pursuant to each source specified in
subparagraphs (i), (ii), (vi) and (vii) of paragraph (a) of this
subdivision, as well as revenue collected for deposit into the pools
specified in subparagraph (viii) of such paragraph, further reported, as
applicable, according to each category of payer, including, but not
limited to, medical assistance, private insurance, employer benefit
plans, workers' compensation, no-fault, cigarette taxes, tobacco
settlement funds, and the public asset established pursuant to sections
four thousand three hundred one and seven thousand three hundred
seventeen of the insurance law;

(ii) profile, as of the end of each quarter and based on the available
data, aggregate revenue, by source, deposited for the quarter, into each
pool specified in subparagraphs (iii), (iv), (v), and (viii) of
paragraph (a) of this subdivision as well as the fund balances for each
such pool as of the end of each quarter; and

(iii) profile, as of the end of each quarter and based on the
available data, every disbursement from each pool specified in
subparagraphs (iii), (iv), (v) and (viii) of paragraph (a) of this
subdivision, further reported, as applicable, according to and
indicative of each allocation specified for such pool, and further
reported according to and indicative of each recipient of funds from
each such allocation, except allocations made pursuant to subparagraph
(iii) of paragraph (c) of subdivision one of section twenty-eight
hundred seven-l of this chapter, and further indicative of the status of
funding for each such recipient.

(c) The reports required by paragraph (a) of this subdivision shall
cover the periods January through March, April through June, July
through September and October through December and shall be submitted no
later than forty-five days following the last day of the quarterly
period covered by the report. Reports shall be submitted in both written
and electronic form.

(d) The commissioner shall also ensure that any such contracts require
such entities, beginning August first, two thousand three and no later
than the twelfth day of each month thereafter, to report to the
comptroller in an electronic and written format the beginning pool
balances, receipts collected by source, the disbursements made by
purpose, the amount and nature of any transfers made among such pools,
and the ending pool balances for the pools described in subparagraphs
(i), (ii) and (iii) of paragraph (b) of this subdivision and at the same
level of specificity required by such paragraph. The comptroller shall
include such information in the monthly report required by subdivision
nine-a of section eight of the state finance law. Any additional
expenses incurred by the entity as a result of this paragraph shall be
borne by the department of health.

* NB There are 2 sub. 19's

20. The commissioner shall, in consultation with the superintendent of
state police, promulgate, by regulation, a list of "select chemical
agents" which shall consist only of those toxic chemicals which have
been identified, as of the effective date of this subdivision, for the
application of verification measures under article VI of the convention
on the prohibition of the development, production, stockpiling and use
of chemical weapons and on their destruction, opened for signature on
January thirteenth, nineteen hundred ninety-three, in schedules
contained in the annex to said convention. The commissioner may, from
time to time, promulgate regulations amending said list in the event
that the schedules contained in the annex to the convention are amended,
revised, modified or repealed, so that the list of select chemical
agents promulgated pursuant to this subdivision conforms in whole or in
part to any such amended, revised, modified or repealed list, if the
commissioner determines that any such amendment, revision, modification
or repeal is consistent with the purposes of this chapter.

* 21. The commissioner shall, in consultation with the superintendent
of state police, promulgate, by regulation, a list of "select biological
agents" which shall consist only of those select biological agents which
have been identified, as of the effective date of this subdivision, by
the United States Secretary of Health and Human Services and placed on
the select agent list established pursuant to section 511 (d) of the
Antiterrorism and Effective Death Penalty Act, Pub. L. 104-132 at 42
C.F.R. Part 72. The commissioner may, from time to time, promulgate
regulations amending said list in the event that the list of select
biological agents promulgated by federal regulations is amended,
revised, modified or repealed, so that the list of select biological
agents promulgated pursuant to this subdivision conforms in whole or in
part to any such amended, revised, modified or repealed list, if the
commissioner determines that any such amendment, revision, modification
or repeal is consistent with the purposes of this chapter.

* NB There are 2 sub 21's

* 21. The commissioner shall make the information developed pursuant
to section five hundred forty-four of the executive law available
through, but not limited to, the department's website and written
materials available to the public.

* NB There are 2 sub 21's

22. The commissioner shall provide information and technical
assistance concerning the drug discount program authorized by section
340B of the federal public health service act (42 U.S.C § 256b) to:

(a) covered entities, as defined in section 340B of the public health
service act, to facilitate their participation in such drug discount
program; and

(b) local government officials, regarding the benefits of the drug
discount program and the process of accessing discounted drugs under the
program on behalf of individuals whose prescription drug costs are borne
by local government, including but not limited to residents of
county-operated nursing homes.

23. Pursuant to subdivision six of section two hundred two of the
state administrative procedure act, on an emergency basis and upon a
finding by the commissioner of an immediate threat to the public safety,
the commissioner is authorized to remove a drug, procedure or supply
whose primary purpose is to enhance or facilitate sexual performance
from: (a) the definition of medical assistance established pursuant to
section three hundred sixty-five-a of the social services law, (b) the
definition of health care services covered by the family health plus
program established pursuant to section three hundred sixty-nine-ee of
the social services law, (c) the definition of covered health services
established pursuant to subdivision seven of section twenty-five hundred
ten of this chapter, or (d) the list of prescription drugs covered by
the program for elderly pharmaceutical insurance coverage (EPIC)
established pursuant to title three of article two of the elder law, or
to otherwise restrict the criteria for payment for such drug, procedure
or supply, by the medicaid, family health plus, child health plus, or
EPIC programs, for those persons required to register as sex offenders
pursuant to article six-C of the correction law.

* 24. Notwithstanding any inconsistent provision of law to the
contrary, the commissioner is authorized to receive applications and to
determine initial and continuing eligibility for enrollment under the
child health plus program established under title I-A of article
twenty-five of this chapter, the medical assistance program established
under title eleven of article five of the social services law, and the
family health plus program established under title eleven-D of such
article. The commissioner may exercise such authority with respect to
all residents, or a subset of residents, of one or more local social
services districts. The commissioner is authorized to enter into one or
more contracts, which contracts shall be procured on a competitive basis
pursuant to a request for proposal process, for the purpose of
exercising his or her authority under this subdivision. State employees
shall supervise and provide oversight and quality assurance monitoring
of contract staff activities. Provided further, the department shall
endeavor to use state employees in exercising the commissioner's
authority under this subdivision.

* NB There are 2 sb 24's

* 24. The commissioner shall have the authority to correct errors on
marriage certificates maintained by the department pursuant to paragraph
(e) of subdivision one of this section upon request of any applicant
whose name appears thereon for a certificate of marriage where:

(a) such error was not the result of any intended fraud, deception or
attempt to avoid the effect of any valid law, regulation or statute; and

(b) either party to the marriage provides proof, satisfactory to the
commissioner, of the accuracy of the facts presented in support of
correcting the error.

To effectuate such correction and provide certified copies of the
amended certificate, the commissioner shall be entitled to a fee not
exceeding ten dollars. The commissioner shall forward a copy of such
amended certificate to the clerk of the town or city which issued such
certificate.

* NB There are 2 sb 24's

25. (a) In assessing and reporting on the impact of section
sixty-eight hundred one of the education law, pursuant to subdivision
four of such section the commissioner may use: (1) influenza vaccine
supply data from the federal centers for disease control and prevention;
(2) pneumococcal vaccine supply data provided by manufacturers and
distributors of such vaccine; and (3) data from a third party entity
that engages in the collection of data and tracking of pharmaceutical
sales and distribution. Manufacturers and distributors of pneumococcal
vaccine shall provide or arrange for the timely provision to the
commissioner of such data as the commissioner may reasonably request to
complete the report. Provider and customer identifiable information
submitted pursuant to this paragraph shall be confidential, unless the
information provider consents to its release or the commissioner
determines disclosure is necessary to respond to an imminent public
health emergency.

(b) Notwithstanding the provisions of paragraph (a) of this
subdivision, the commissioner may require reporting by entities licensed
pursuant to article twenty-eight or thirty-six of this chapter,
pharmacies registered pursuant to article one hundred thirty-seven of
the education law, manufacturers and distributors of adult immunizing
agents doing business in this state, and others possessing such adult
immunizing agents of additional information needed to respond to an
imminent public health emergency.

26. The commissioner is hereby authorized and directed to review any
policy or practice instituted in facilities operated by the department
of corrections and community supervision, and in all local correctional
facilities, as defined in subdivision sixteen of section two of the
correction law, regarding human immunodeficiency virus (HIV), acquired
immunodeficiency syndrome (AIDS), hepatitis C (HCV), and COVID-19,
including the prevention of the transmission of and the treatment of
such infections and diseases among incarcerated individuals. Such review
shall be performed at least annually, and shall focus on whether such
policy or practice is consistent with current, generally accepted
medical standards and procedures used to prevent the transmission of and
to treat those infections and diseases among the general public. In
performing such reviews, in order to determine the quality and adequacy
of care and treatment provided, department personnel are authorized to
enter correctional facilities and inspect policy and procedure manuals
and medical protocols, interview health services providers and
incarcerated individual-patients, review medical grievances, and inspect
a representative sample of medical records of incarcerated individuals
known to be infected with any such infections or diseases. Prior to
initiating a review of a correctional system, the commissioner shall
inform the public, including patients, their families and patient
advocates, of the scheduled review and invite them to provide the
commissioner with relevant information. Upon the completion of such
review, the department shall, in writing, approve such policy or
practice as instituted in facilities operated by the department of
corrections and community supervision, and in any local correctional
facility, or, based on specific, written recommendations, direct the
department of corrections and community supervision, or the authority
responsible for the provision of medical care to incarcerated
individuals in local correctional facilities to prepare and implement a
corrective plan to address deficiencies in areas where such policy or
practice fails to conform to current, generally accepted medical
standards and procedures. The commissioner shall monitor the
implementation of such corrective plans and shall conduct such further
reviews as the commissioner deems necessary to ensure that identified
deficiencies in those policies and practices are corrected. All written
reports pertaining to reviews provided for in this subdivision shall be
maintained, under such conditions as the commissioner shall prescribe,
as public information available for public inspection.

27. The commissioner shall promulgate regulations to require that a
manufacturer or other entity selling, leasing, or otherwise providing
any drug, device, or health care service shall not, directly or
indirectly, establish as a condition for the use by a dentist of such
drug, device, or health care service that the dentist meet any quota for
the number of patients on whom the dentist uses the drug, device, or
health care service and that a dentist shall not, directly or
indirectly, request or receive from any manufacturer or other entity a
drug, device, or health care service having a condition that the dentist
meet any quota for the number of patients on whom the dentist uses the
drug, device, or health care service.

28. The commissioner shall assist the commissioner of education in
developing rules and regulations, relating to pupils who suffer mild
traumatic brain injuries, in accordance with subdivision forty-two of
section three hundred five of the education law, and provide for the
posting on the department's internet website of such information as
shall be required pursuant to such subdivision.

* 30. The commissioner shall notify the commissioner of education in
any instance in which a registered professional nurse engages in
improper behavior while supervising an advanced home health aide
pursuant to subdivision two of section sixty-nine hundred eight of the
education law.

* NB Repealed March 31, 2029

31. The commissioner shall develop information, in conjunction with
the commissioner of education related to students who exhibit signs or
symptoms of pending or increased risk of sudden cardiac arrest. Such
information shall include, but not be limited to, the definition of
sudden cardiac arrest, signs and symptoms of sudden cardiac arrest. Such
information shall be posted on the department's website.