senate Bill S617

2015-2016 Legislative Session

Requires market-based assessments on real property owned or leased by a cooperative corporation or on a condominium basis

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 15, 2016 print number 617a
amend and recommit to local government
Jan 06, 2016 referred to local government
Jan 07, 2015 referred to local government

Bill Amendments

S617
S617A
S617
S617A

S617 - Bill Details

Current Committee:
Senate Local Government
Law Section:
Real Property Tax Law
Laws Affected:
Amd §581, RPT L; amd §339-y, RP L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S1001A
2011-2012: S133A
2009-2010: S256

S617 - Bill Texts

view summary

Requires market-based assessments of real property owned or leased by a cooperative corporation or on a condominium basis which is converted or constructed on or after January 1, 2018.

view sponsor memo
BILL NUMBER: S617 REVISED MEMO 01/21/2015

TITLE OF BILL : An act to amend the real property tax law and the
real property law, in relation to the assessment of condominiums and
cooperatives

PURPOSE :

To allow municipal corporations to pass a local law or resolution that
would make the provisions of paragraph (a) of subdivision 581 of
subdivision 581 of the real property law not apply to real property,
owned or leased by a cooperative corporation or on a condominium
basis, that is converted or constructed on and after January 1, 2017.

SUMMARY OF PROVISIONS :

Section 1 adds paragraph (d) to section 581 of the real property tax
law, allowing municipal corporations to remove the limitations in that
section on assessments on condominiums and cooperatives converted or
constructed on and after January 1, 2017 in any municipal corporation
other than New York City and Nassau County.

Section 2 adds paragraph (g) to section 339-y of the real property
law, allowing municipal corporations to remove the limitations in that
section on assessments on condominiums and cooperatives converted or
constructed on and after January 1, 2017 in any municipal corporation,
other than New York City and Nassau County.

Section 3 Contains the effective date

EXISTING LAW :

Section 399-y of the Real Property Law, limits the assessments which
can be placed on condominium units other than those classified in the
homestead class in municipalities applying a dual tax rate. Section
581 of the RPTL limits the assessments which can be placed on
condominium units, other than those classified in the homestead class,
in municipalities applying dual tax rates, residential cooperatives
and municipal dwellings. Chapter 293 of the laws of 1997 enables
municipal corporations, other than New York City and Nassau County, to
provide that "converted condominiums" (i.e., residential condominium
units which have been converted to condominium ownership from
conventional ownership) shall be assessed without regard to the
assessment restrictions otherwise applicable to condominiums (RPTL, §
581(1); Real Property Law, § 339-y(1)(f)). This is also allows local
governments to decline to grant these benefits to converted
condominiums, thereby removing the incentive to convert existing
housing condominium ownership to reduce taxes. Preexisting
condominiums are not affected by the changes made by chapter 293,
which is similar to this proposal.

JUSTIFICATION :

As currently written, the real property tax law and real property law
does not allow the sum of the assessments of individual cooperative or
condominium units to exceed the value of the entire complex if it was
valued as a single entity. The restriction tends to reduce condominium
and cooperative assessments by preventing the use of sales of units in
the assessment process. The Office of Real Property Services,
assessors and other local officials generally consider the
restrictions an unreasonable state mandate which unfairly limits the
revenue-raising abilities of local governments. Assessors and
appraisers also cite the difficulties they encounter when they are
forced to ignore market information--usually the best indicator of
value-in developing estimates of taxable value. This bill would allow
municipal corporations to value newly constructed and converted
cooperative and condominium units as they would other real property to
alleviate any negative impacts placed on the locality by the current
statute.

LEGISLATIVE HISTORY :

2013-2014: S.1001 Referred to Local Government; A.6268 Referred to
Real Property Taxation
2011-12 S.133-A Referred to Local Government; A.5339-A Referred to
Real Property Taxation
2009-10: S.255 Referred to Local Government; A.5124 Held for
consideration in Ways & Means
2008: S. 7727 3rd Reading: A. 10730 Ways & Means

FISCAL IMPLICATIONS :

To be determined.

LOCAL FISCAL IMPLICATIONS :

To be determined.

EFFECTIVE DATE :
This act shall take effect immediately and shall apply to assessment
rolls prepared on the basis of taxable status dates occurring on or
after January 1, 2017.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   617

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the real property tax law and the real property law,  in
  relation to the assessment of condominiums and cooperatives

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 581 of the real property  tax  law
is amended by adding a new paragraph (d) to read as follows:
  (D)  THE  PROVISIONS  OF  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT
APPLY IN A MUNICIPAL CORPORATION, OTHER THAN A SPECIAL  ASSESSING  UNIT,
TO  A  CONDOMINIUM  OR  COOPERATIVE  UNIT  UNLESS  IT WAS SUBJECT TO THE
PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION ON  JANUARY  FIRST,  TWO
THOUSAND SEVENTEEN.
  S  2.  Subdivision  1  of  section  339-y  of the real property law is
amended by adding a new paragraph (g) to read as follows:
  (G) THE PROVISIONS OF PARAGRAPH (B)  OF  THIS  SUBDIVISION  SHALL  NOT
APPLY  IN  A MUNICIPAL CORPORATION, OTHER THAN A SPECIAL ASSESSING UNIT,
TO A CONDOMINIUM UNIT UNLESS IT WAS SUBJECT TO THE PROVISIONS  OF  PARA-
GRAPH (B) OF THIS SUBDIVISION ON JANUARY FIRST, TWO THOUSAND SEVENTEEN.
  S 3. This act shall take effect immediately and shall apply to assess-
ment rolls prepared on the basis of taxable status dates occurring on or
after January 1, 2017.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06212-01-5

S617A - Bill Details

Current Committee:
Senate Local Government
Law Section:
Real Property Tax Law
Laws Affected:
Amd §581, RPT L; amd §339-y, RP L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S1001A
2011-2012: S133A
2009-2010: S256

S617A - Bill Texts

view summary

Requires market-based assessments of real property owned or leased by a cooperative corporation or on a condominium basis which is converted or constructed on or after January 1, 2018.

view sponsor memo
BILL NUMBER: S617A

TITLE OF BILL : An act to amend the real property tax law and the
real property law, in relation to the assessment of condominiums and
cooperatives

PURPOSE : To allow municipal corporations to pass a local law or
resolution that would make the provisions of paragraph (a) of
subdivision 581 of subdivision 581 of the real property law not apply
to real property, owned or leased by a cooperative corporation or on a
condominium basis, that is converted or constructed on and after
January 1, 2018.

SUMMARY OF PROVISIONS :

Section 1 adds paragraph (d) to section 581 of the real property tax
law, allowing municipal corporations to remove the limitations in that
section on assessments on condominiums and cooperatives converted or
constructed on and after January 1, 2018 in any municipal corporation
other than New York City and Nassau County.

Section 2 adds paragraph (g) to section 339-y of the real property
law, allowing municipal corporations to remove the limitations in that
section on assessments on condominiums and cooperatives converted or
constructed on and after January 1, 2018 in any municipal corporation,
other than New York City and Nassau County.

Section 3 Contains the effective date

EXISTING LAW :

Section 399-y of the Real Property Law, limits the assessments which
can be placed on condominium units other than those classified in the
home- stead class in municipalities applying a dual tax rate. Section
581 of the RPTL limits the assessments which can be placed on
condominium units, other than those classified in the homestead class,
in municipalities applying dual tax rates, residential cooperatives
and municipal dwellings. Chapter 293 of the laws of 1997 enables
municipal corporations, other than New York City and Nassau County, to
provide that "converted condominiums" (i.e., residential condominium
units which have been converted to condominium ownership from
conventional ownership) shall be assessed without regard to the
assessment restrictions other- wise applicable to condominiums (RPTL,
§ 581(1); Real Property Law, § 339-y(1)(f)). This is also allows local
governments to decline to grant these benefits to converted
condominiums, thereby removing the incentive to convert existing
housing condominium ownership to reduce taxes. Preexisting
condominiums are not affected by the changes made by chapter 293,
which is similar to this proposal.

JUSTIFICATION : As currently written, the real property tax law and
real property law does not allow the sum of the assessments of
individual cooperative or condominium units to exceed the value of the
entire complex if it was valued as a single entity. The restriction
tends to reduce condominium and cooperative assessments by preventing
the use of sales of units in the assessment process. The Office of
Real Property Services, assessors and other local officials generally
consider the restrictions an unreasonable state mandate which unfairly
limits the revenue-raising abilities of local governments. Assessors
and appraisers also cite the difficulties they encounter when they are
forced to ignore market information--usually the best indicator of
value-in developing estimates of taxable value. This bill would allow
municipal corporations to value newly constructed and converted
cooperative and condominium units as they would other real property to
alleviate any negative impacts placed on the locality by the current
statute.
LEGISLATIVE HISTORY : 2013-2014: S. 1001 Referred to Local
Government; A. 6268 Referred to real Property Taxation 2011-12 S.
133-A Referred to Local Government; A. 5339-A Referred to Real
Property Taxation 2009-10: S. 255 Referred to Local Government; A.
5124 Held for consideration in Ways & Means 2008: S. 7727 3rd Reading:
A. 10730 Ways & Means

FISCAL IMPLICATIONS : To be determined.

LOCAL FISCAL IMPLICATIONS : To be determined.

EFFECTIVE DATE : This act shall take effect immediately and shall
apply to assessment rolls prepared on the basis of taxable status
dates occurring on or after January 1, 2018.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 617--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the real property tax law and the real property law,  in
  relation to the assessment of condominiums and cooperatives

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 581 of the real property  tax  law
is amended by adding a new paragraph (d) to read as follows:
  (D)  THE  PROVISIONS  OF  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT
APPLY IN A MUNICIPAL CORPORATION, OTHER THAN A SPECIAL  ASSESSING  UNIT,
TO  A  CONDOMINIUM  OR  COOPERATIVE  UNIT  UNLESS  IT WAS SUBJECT TO THE
PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION ON  JANUARY  FIRST,  TWO
THOUSAND EIGHTEEN.
  S  2.  Subdivision  1  of  section  339-y  of the real property law is
amended by adding a new paragraph (g) to read as follows:
  (G) THE PROVISIONS OF PARAGRAPH (B)  OF  THIS  SUBDIVISION  SHALL  NOT
APPLY  IN  A MUNICIPAL CORPORATION, OTHER THAN A SPECIAL ASSESSING UNIT,
TO A CONDOMINIUM UNIT UNLESS IT WAS SUBJECT TO THE PROVISIONS  OF  PARA-
GRAPH (B) OF THIS SUBDIVISION ON JANUARY FIRST, TWO THOUSAND EIGHTEEN.
  S 3. This act shall take effect immediately and shall apply to assess-
ment rolls prepared on the basis of taxable status dates occurring on or
after January 1, 2018.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06212-02-6

senate Bill S618

2015-2016 Legislative Session

Relates to the taxation of property owned by a cooperative corporation

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 15, 2016 print number 618a
amend and recommit to local government
Jan 06, 2016 referred to local government
Jan 07, 2015 referred to local government

Bill Amendments

S618
S618A
S618
S618A

S618 - Bill Details

See Assembly Version of this Bill:
A5484
Current Committee:
Senate Local Government
Law Section:
Real Property Tax Law
Laws Affected:
Amd §581, RPT L; amd §339-y, RP L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S1000A, A682A
2011-2012: S546A, A4981A
2009-2010: S255, A5724

S618 - Bill Texts

view summary

Relates to the taxation of property owned by a cooperative corporation.

view sponsor memo
BILL NUMBER: S618 REVISED MEMO 01/21/2015

TITLE OF BILL : An act to amend the real property tax law and the
real property law, in relation to the taxation of property owned by a
cooperative corporation

PURPOSE :

To allow a municipal corporation to pass a local law or resolution
that would make the provisions of paragraph (a) of subdivision 581 of
the real property tax law not apply to real property, owned or leased
by a cooperative corporation on a condominium basis, that is converted
or constructed on and after January 1, 2017.

SUMMARY OF PROVISIONS :

Section 1 adds paragraph (d) to section 581 of the real property tax
law, allowing municipal corporations to remove the limitations in that
section on assessments on condominiums and cooperatives converted or
constructed on and after January 1, 2017 in all municipal
corporations, except New York City and Nassau County.

Section 2 adds paragraph (g) to section 339-y of the real property law
allowing municipal corporations to remove the limitations in that
section on assessments on condominiums and cooperative converted or
constructed on and after January 1, 2017 in any municipal corporations
except New York City and Nassau County.

Section 3 Contains effective date

EXISTING LAW :

JUSTIFICATION :

As currently written, the real property tax law and real property law
does not allow the sum of the assessments of individual cooperative or
condominium units to exceed the value of the entire complex if it was
valued as a single entity. The restriction tends to reduce condominium
and cooperative assessments by preventing the use of sales of units in
the assessment process. The Office of Real Property Services,
assessors and other local officials generally consider the
restrictions an unreasonable state mandate which unfairly limits the
revenue-raising abilities of local governments. Assessors and
appraisers also Cite the difficulties they encounter when they are
forced to ignore market information--usually the best indicator of
value--in developing estimates of taxable value. This bill would allow
municipal corporations to value newly constructed and converted
cooperative and condominium units as they would other real property to
alleviate any negative impacts placed on the locality by the current
statute.

LEGISLATIVE HISTORY :

2013-2014: S.1000 Referred to Local Governments; A.682 Referred to
Ways & Means
2011-12: S.546 Referred to Local Governments; A.4981 Ways & Means
2009-10: S.255 Referred to Local Government; A.5724 Ways & Means
2008: S.7727 3rd Reading: A.10730 Ways & Means

FISCAL IMPLICATIONS :

To be determined.

LOCAL FISCAL IMPLICATIONS :

To be determined.
EFFECTIVE DATE :
This act shall take effect immediately and shall apply to assessment
rolls prepared on the basis of taxable status dates occurring on or
after January 1, 2017.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   618

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the real property tax law and the real property law,  in
  relation  to  the  taxation  of property owned by a cooperative corpo-
  ration

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 1 of section 581 of the real property tax law
is amended by adding a new paragraph (d) to read as follows:
  (D) THE PROVISIONS OF PARAGRAPH (A)  OF  THIS  SUBDIVISION  SHALL  NOT
APPLY  TO  REAL PROPERTY OWNED OR LEASED BY A COOPERATIVE CORPORATION OR
ON A CONDOMINIUM BASIS IN A MUNICIPAL CORPORATION, OTHER THAN A  SPECIAL
ASSESSING  UNIT,  WHICH HAS ADOPTED, PRIOR TO THE TAXABLE STATUS DATE OF
THE ASSESSMENT ROLL UPON WHICH ITS TAXES WILL BE LEVIED, A LOCAL LAW OR,
FOR A SCHOOL DISTRICT, A RESOLUTION PROVIDING  THAT  THE  PROVISIONS  OF
PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT APPLY TO SUCH REAL PROPERTY
WITHIN THAT MUNICIPAL CORPORATION; PROVIDED, HOWEVER, THE PROVISIONS  OF
THIS  PARAGRAPH  SHALL  NOT  APPLY TO REAL PROPERTY OWNED OR LEASED BY A
COOPERATIVE CORPORATION OR ON A CONDOMINIUM BASIS THAT HAD  BEEN  PREVI-
OUSLY  SUBJECT  TO  THE  PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION
PRIOR TO JANUARY FIRST, TWO THOUSAND SEVENTEEN.
  S 2. Subdivision 1 of section  339-y  of  the  real  property  law  is
amended by adding a new paragraph (g) to read as follows:
  (G)  THE  PROVISIONS  OF  PARAGRAPH  (B) OF THIS SUBDIVISION SHALL NOT
APPLY TO REAL PROPERTY OWNED OR LEASED BY A COOPERATIVE  CORPORATION  OR
ON  A  CONDOMINIUM BASIS IN A MUNICIPAL CORPORATION OTHER THAN A SPECIAL
ASSESSING UNIT, WHICH HAS ADOPTED, PRIOR TO THE TAXABLE STATUS  DATE  OF
THE ASSESSMENT ROLL UPON WHICH ITS TAXES WILL BE LEVIED, A LOCAL LAW OR,
FOR  A  SCHOOL  DISTRICT,  A RESOLUTION PROVIDING THAT THE PROVISIONS OF
PARAGRAPH (B) OF THIS SUBDIVISION SHALL NOT APPLY TO SUCH REAL  PROPERTY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00055-01-5

S. 618                              2

WITHIN  THAT MUNICIPAL CORPORATION; PROVIDED, HOWEVER, THE PROVISIONS OF
THIS PARAGRAPH SHALL NOT APPLY TO REAL PROPERTY OWNED  OR  LEASED  BY  A
COOPERATIVE  CORPORATION  OR ON A CONDOMINIUM BASIS THAT HAD BEEN PREVI-
OUSLY  SUBJECT  TO  THE  PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION
PRIOR TO JANUARY FIRST, TWO THOUSAND SEVENTEEN.
  S 3. This act shall take effect immediately and shall apply to assess-
ment rolls prepared on the basis of taxable status dates occurring on or
after January 1, 2017.

S618A - Bill Details

See Assembly Version of this Bill:
A5484
Current Committee:
Senate Local Government
Law Section:
Real Property Tax Law
Laws Affected:
Amd §581, RPT L; amd §339-y, RP L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S1000A, A682A
2011-2012: S546A, A4981A
2009-2010: S255, A5724

S618A - Bill Texts

view summary

Relates to the taxation of property owned by a cooperative corporation.

view sponsor memo
BILL NUMBER: S618A

TITLE OF BILL : An act to amend the real property tax law and the
real property law, in relation to the taxation of property owned by a
cooperative corporation

PURPOSE : To allow a municipal corporation to pass a local law or
resolution that would make the provisions of paragraph (a) of
subdivision 581 of the real property tax law not apply to real
property, owned or leased by a cooperative corporation on a
condominium basis, that is converted or constructed on and after
January 1, 2018.

SUMMARY OF PROVISIONS :

Section 1 adds paragraph (d) to section 581 of the real property tax
law, allowing municipal corporations to remove the limitations in that
section on assessments on condominiums and cooperatives converted or
constructed on and after January 1, 2018 in all municipal
corporations, except New York City and Nassau County.

Section 2 adds paragraph (g) to section 339-y of the real property law
allowing municipal corporations to remove the limitations in that
section on assessments on condominiums and cooperative converted or
constructed on and after January 1, 2018 in any municipal corporations
except New York City and Nassau County.

Section 3 Contains effective date

JUSTIFICATION : As currently written, the real property tax law and
real property law does not allow the sum of the assessments of
individual cooperative or condominium units to exceed the value of the
entire complex if it was valued as a single entity. The restriction
tends to reduce condominium and cooperative assessments by preventing
the use of sales of units in the assessment process. The Office of
Real Property Services, assessors and other local officials generally
consider the restrictions an unreasonable state mandate which unfairly
limits the revenue-raising abilities of local governments. Assessors
and appraisers also Cite the difficulties they encounter when they are
forced to ignore market information--usually the best indicator of
value--in developing estimates of taxable value. This bill would allow
municipal corporations to value newly constructed and converted
cooperative and condominium units as they would other real property to
alleviate any negative impacts placed on the locality by the current
statute.

LEGISLATIVE HISTORY : 2013-2014: S. 1000 Referred to Local
Governments; A. 682 Referred to Ways & Means 2011-12: S. 546 Referred
to Local Governments; A. 4981 Ways & Means 2009-10: S. 255 Referred to
Local Government; A. 5724 Ways & Means 2008: S. 7727 3rd Reading: A.
10730 Ways & Means

FISCAL IMPLICATIONS : To be determined.

LOCAL FISCAL IMPLICATIONS : To be determined.

EFFECTIVE DATE : This act shall take effect immediately and shall
apply to assessment rolls prepared on the basis of taxable status
dates occurring on or after January 1, 2018.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 618--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the real property tax law and the real property law,  in
  relation  to  the  taxation  of property owned by a cooperative corpo-
  ration

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 1 of section 581 of the real property tax law
is amended by adding a new paragraph (d) to read as follows:
  (D) THE PROVISIONS OF PARAGRAPH (A)  OF  THIS  SUBDIVISION  SHALL  NOT
APPLY  TO  REAL PROPERTY OWNED OR LEASED BY A COOPERATIVE CORPORATION OR
ON A CONDOMINIUM BASIS IN A MUNICIPAL CORPORATION, OTHER THAN A  SPECIAL
ASSESSING  UNIT,  WHICH HAS ADOPTED, PRIOR TO THE TAXABLE STATUS DATE OF
THE ASSESSMENT ROLL UPON WHICH ITS TAXES WILL BE LEVIED, A LOCAL LAW OR,
FOR A SCHOOL DISTRICT, A RESOLUTION PROVIDING  THAT  THE  PROVISIONS  OF
PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT APPLY TO SUCH REAL PROPERTY
WITHIN THAT MUNICIPAL CORPORATION; PROVIDED, HOWEVER, THE PROVISIONS  OF
THIS  PARAGRAPH  SHALL  NOT  APPLY TO REAL PROPERTY OWNED OR LEASED BY A
COOPERATIVE CORPORATION OR ON A CONDOMINIUM BASIS THAT HAD  BEEN  PREVI-
OUSLY  SUBJECT  TO  THE  PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION
PRIOR TO JANUARY FIRST, TWO THOUSAND EIGHTEEN.
  S 2. Subdivision 1 of section  339-y  of  the  real  property  law  is
amended by adding a new paragraph (g) to read as follows:
  (G)  THE  PROVISIONS  OF  PARAGRAPH  (B) OF THIS SUBDIVISION SHALL NOT
APPLY TO REAL PROPERTY OWNED OR LEASED BY A COOPERATIVE  CORPORATION  OR
ON  A  CONDOMINIUM BASIS IN A MUNICIPAL CORPORATION OTHER THAN A SPECIAL
ASSESSING UNIT, WHICH HAS ADOPTED, PRIOR TO THE TAXABLE STATUS  DATE  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00055-02-6

S. 618--A                           2

THE ASSESSMENT ROLL UPON WHICH ITS TAXES WILL BE LEVIED, A LOCAL LAW OR,
FOR  A  SCHOOL  DISTRICT,  A RESOLUTION PROVIDING THAT THE PROVISIONS OF
PARAGRAPH (B) OF THIS SUBDIVISION SHALL NOT APPLY TO SUCH REAL  PROPERTY
WITHIN  THAT MUNICIPAL CORPORATION; PROVIDED, HOWEVER, THE PROVISIONS OF
THIS PARAGRAPH SHALL NOT APPLY TO REAL PROPERTY OWNED  OR  LEASED  BY  A
COOPERATIVE  CORPORATION  OR ON A CONDOMINIUM BASIS THAT HAD BEEN PREVI-
OUSLY SUBJECT TO THE PROVISIONS OF PARAGRAPH  (B)  OF  THIS  SUBDIVISION
PRIOR TO JANUARY FIRST, TWO THOUSAND EIGHTEEN.
  S 3. This act shall take effect immediately and shall apply to assess-
ment rolls prepared on the basis of taxable status dates occurring on or
after January 1, 2018.

senate Bill S619

2015-2016 Legislative Session

Establishes a personal income tax credit for portion of residential real property taxes which exceeds a certain percentage of the household gross income

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to investigations and government operations
Jan 07, 2015 referred to investigations and government operations

Co-Sponsors

S619 - Bill Details

See Assembly Version of this Bill:
A5285
Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Amd §606, Tax L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S1002, A1941
2011-2012: S137, A877
2009-2010: S253, A7094

S619 - Bill Texts

view summary

Establishes a personal income tax credit for a portion of a taxpayer's residential real property taxes which exceeds a certain percentage of the taxpayer's household gross income; provides that the taxpayer shall have resided in such residential real property for not less than 5 years; provides that such credit shall not apply to taxpayers who have claimed the real property tax circuit breaker credit during the taxable year.

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BILL NUMBER: S619

TITLE OF BILL : An act to amend the tax law, in relation to the
school district property tax credit and establishing the maximum
residential real property, personal income tax credit

TITLE OF BILL : An act to amend the tax law, in relation to the
school district property tax credit and establishing the maximum
residential real property, personal income tax credit


PURPOSE : To place a limit on the real property tax for certain
owners and provide a personal income tax credit for certain property
taxpayers.

SUMMARY OF PROVISIONS :

SECTION 1: Makes technical amendments to subparagraph (E) of paragraph
1 of subsection (e) of section 606 of the tax law, as amended by
chapter 105 of the laws of 2006.

SECTION 2: Adds a new subsection (ss) to section 606 of the tax law to
provide for a real property tax credit. The credit will be based on
the income of the household and the percentage that said household
pays for real property taxes.

City of New York, and the counties of Nassau, Suffolk, Rockland,
Westchester, Putnam, Orange and Dutchess Household Adjusted Gross

Income Tax Maximum Real Property Tax

$120,000 or less Real Property taxes paid in excess of 6%
of
said income can receive a personal income
tax credit of 70% of the overage.

$120,001 - $175,000 Real Property taxes paid in excess of 7%
of
said income can receive a personal income
tax credit of 70% of the overage.

$175,001 - $250,000 Real Property taxes paid in excess of 8%
of said income can receive a personal
income tax credit of 70% of the overage.

$250,001 + No credit.

All other counties in the State

Household Adjusted Gross

Income Tax Maximum Real Property Tax

$90,000 or less Real Property taxes paid in excess of
6% of said income can receive a personal
income tax credit of 70% of the overage.

$90,001 - $150,000 Real Property taxes paid in excess of
7% of said income can receive a personal
income tax credit of 70% of of the
overage.

$150,001 - $250,000 Real Property taxes paid in excess of
8% of said income can receive a personal
income tax credit of 70% of the overage.

$250,001 + No credit.

To qualify, the taxpayer must have resided in the home for not less
than five years. Also, the taxpayer may still benefit from the Basic
STAR exemption or the Enhanced STAR exemption for senior citizens.
The credit will equal seventy percent of the taxes paid over the
allowed percentage cap as provided in the bill. Such credit shall not
exceed $5,000. Taxpayers will have the option to receive either the
Circuit Breaker credit or the Middle Class STAR Rebate check.

SECTION 3: Contains the effective date.

JUSTIFICATION :

With the increased reliance on the real property tax for local
government revenue, some homeowners are facing sky-rocking real
property tax bills as a result they are often faced with the serious
threat of defaulting on their property taxes and/or seriously consider
selling their homes. This legislation seeks to establish a cap on the
maximum real property tax paid for New Yorkers who have a household
adjusted gross income of $250,000 or less. This proposal is a viable
alternative response to the serious problem of high real property
taxes.

LEGISLATIVE HISTORY :

2011-12: S. 137 Investigations and Government Operations
2009/10: S. 253 Investigations and Government Operations; A. 7094 held
for consideration in Ways & Means
2007/08 S. 1053-C Finance; Similar to A. 1575-B Ways & Means
2006: S. 5982-B Local Government, A. 11551, Local Government

FISCAL IMPLICATIONS :

To be determined.

LOCAL FISCAL IMPLICATIONS :

There are no local fiscal implications.

EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law, and shall apply to taxable
years commencing on or after such date.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   619

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the tax law, in relation to the school district property
  tax credit and establishing the  maximum  residential  real  property,
  personal income tax credit

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.   Subparagraph (E) of paragraph  1  of  subsection  (e)  of
section  606  of  the  tax law, as amended by chapter 105 of the laws of
2006, is amended to read as follows:
  (E) "Qualifying real property taxes" means all  real  property  taxes,
special  ad  valorem levies and special assessments, exclusive of penal-
ties and interest, levied on the residence of a qualified  taxpayer  and
paid  during  the taxable year [less the credit claimed under subsection
(n-1) of this section]. In addition, for taxable years  beginning  after
December thirty-first, nineteen hundred eighty-four, a qualified taxpay-
er  may  elect  to  include  any  additional amount that would have been
levied in the absence of an exemption from real property taxation pursu-
ant to section four hundred sixty-seven of the real property tax law. If
tenant-stockholders in a cooperative housing corporation  have  met  the
requirements of section two hundred sixteen of the internal revenue code
by  which they are allowed a deduction for real estate taxes, the amount
of taxes so allowable, or which would be allowable if the  taxpayer  had
filed  returns on a cash basis, shall be qualifying real property taxes.
If a residence is owned by two or more individuals as joint  tenants  or
tenants  in  common, and one or more than one individual is not a member
of the household, qualifying real property taxes is that  part  of  such
taxes  on  the  residence which reflects the ownership percentage of the
qualified taxpayer and members of his household. If a  residence  is  an

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00083-01-5

S. 619                              2

integral  part of a larger unit, qualifying real property taxes shall be
limited to that amount of such taxes paid as may  be  reasonably  appor-
tioned  to  such residence. If a household owns and occupies two or more
residences during different periods in the same taxable year, qualifying
real  property  taxes  shall  be the sum of the prorated qualifying real
property taxes attributable to the household  during  the  periods  such
household  occupies  each  of such residences. If the household owns and
occupies a residence for part of the taxable year and rents a  residence
for  part of the same taxable year, it may include both the proration of
qualifying real property taxes on the residence owned and the real prop-
erty tax equivalent with respect to the months the residence is  rented.
Provided,  however,  for  purposes  of  the  credit  allowed  under this
subsection, qualifying real property taxes may be included by  a  quali-
fied  taxpayer  only  to  the extent that such taxpayer or the spouse of
such taxpayer occupying such residence for six months  or  more  of  the
taxable year owns or has owned the residence and paid such taxes.
  S  2. Section 606 of the tax law is amended by adding a new subsection
(ccc) to read as follows:
  (CCC) MAXIMUM RESIDENTIAL REAL PROPERTY TAX CREDIT.  (1)  DEFINITIONS.
FOR THE PURPOSES OF THIS SUBSECTION:
  (A)  "QUALIFIED TAXPAYER" MEANS A RESIDENT INDIVIDUAL OF THE STATE WHO
OWNS THE RESIDENTIAL REAL PROPERTY IN WHICH HE OR SHE RESIDES,  AND  HAS
RESIDED IN SUCH RESIDENTIAL REAL PROPERTY FOR NOT LESS THAN FIVE YEARS.
  (B) "HOUSEHOLD" MEANS THE TAXPAYER OR TAXPAYERS AND ALL OTHER PERSONS,
NOT NECESSARILY RELATED, WHO ALL RESIDE IN THE RESIDENTIAL REAL PROPERTY
OWNED  BY  THE TAXPAYER OR TAXPAYERS, AND SHARE ITS FURNISHINGS, FACILI-
TIES AND ACCOMMODATIONS; PROVIDED THAT NO PERSON MAY BE A MEMBER OF MORE
THAN ONE HOUSEHOLD AT ONE TIME.
  (C) "HOUSEHOLD GROSS INCOME" MEANS THE AGGREGATE ADJUSTED GROSS INCOME
OF ALL MEMBERS OF THE HOUSEHOLD FOR THE TAXABLE  YEAR  AS  REPORTED  FOR
FEDERAL  INCOME  TAX  PURPOSES,  OR  WHICH WOULD BE REPORTED AS ADJUSTED
GROSS INCOME IF A FEDERAL INCOME TAX RETURN WERE REQUIRED TO  BE  FILED,
WITH  THE  MODIFICATIONS IN SUBSECTION (B) OF SECTION SIX HUNDRED TWELVE
OF THIS ARTICLE BUT WITHOUT THE MODIFICATIONS IN SUBSECTION (C) OF  SUCH
SECTION, PLUS ANY PORTION OF THE GAIN FROM THE SALE OR EXCHANGE OF PROP-
ERTY  OTHERWISE  EXCLUDED  FROM  SUCH AMOUNT; EARNED INCOME FROM SOURCES
WITHOUT THE UNITED  STATES  EXCLUDABLE  FROM  FEDERAL  GROSS  INCOME  BY
SECTION  NINE HUNDRED ELEVEN OF THE INTERNAL REVENUE CODE; SUPPORT MONEY
NOT INCLUDED IN  ADJUSTED  GROSS  INCOME;  NONTAXABLE  STRIKE  BENEFITS;
SUPPLEMENTAL  SECURITY  INCOME PAYMENTS; THE GROSS AMOUNT OF ANY PENSION
OR ANNUITY BENEFITS TO THE EXTENT NOT INCLUDED IN  SUCH  ADJUSTED  GROSS
INCOME  (INCLUDING, BUT NOT LIMITED TO, RAILROAD RETIREMENT BENEFITS AND
ALL PAYMENTS RECEIVED UNDER THE FEDERAL SOCIAL SECURITY ACT  AND  VETER-
ANS'  DISABILITY  PENSIONS); NONTAXABLE INTEREST RECEIVED FROM THE STATE
OF NEW YORK, ITS AGENCIES, INSTRUMENTALITIES,  PUBLIC  CORPORATIONS,  OR
POLITICAL  SUBDIVISIONS (INCLUDING A PUBLIC CORPORATION CREATED PURSUANT
TO AGREEMENT OR COMPACT WITH ANOTHER STATE OR CANADA); WORKERS'  COMPEN-
SATION;  THE GROSS AMOUNT OF "LOSS-OF-TIME" INSURANCE; AND THE AMOUNT OF
CASH PUBLIC ASSISTANCE AND RELIEF, OTHER THAN MEDICAL ASSISTANCE FOR THE
NEEDY, PAID TO OR FOR THE BENEFIT OF THE QUALIFIED TAXPAYER  OR  MEMBERS
OF  HIS  OR  HER  HOUSEHOLD.  HOUSEHOLD  GROSS  INCOME SHALL NOT INCLUDE
SURPLUS FOODS OR OTHER RELIEF IN KIND OR PAYMENTS  MADE  TO  INDIVIDUALS
BECAUSE  OF  THEIR  STATUS  AS VICTIMS OF NAZI PERSECUTION AS DEFINED IN
PUBLIC LAW 103-286. PROVIDED, FURTHER, HOUSEHOLD GROSS INCOME SHALL ONLY
INCLUDE ALL SUCH INCOME RECEIVED BY ALL MEMBERS OF THE  HOUSEHOLD  WHILE
MEMBERS OF SUCH HOUSEHOLD.

S. 619                              3

  (D)  "NET REAL PROPERTY TAX" MEANS THE REAL PROPERTY TAXES ASSESSED ON
THE RESIDENTIAL REAL PROPERTY OWNED AND  OCCUPIED  BY  THE  TAXPAYER  OR
TAXPAYERS AFTER ANY EXEMPTION OR ABATEMENT RECEIVED PURSUANT TO THE REAL
PROPERTY TAX LAW.
  (2) CREDIT. A QUALIFIED TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE
TAXES  IMPOSED  BY  THIS ARTICLE, EQUAL TO SEVENTY PERCENT OF THE AMOUNT
WHICH THE TAXPAYER'S NET REAL PROPERTY TAX EXCEEDS THE TAXPAYER'S  MAXI-
MUM  REAL  PROPERTY  TAX,  AS  DETERMINED  BY  PARAGRAPH  THREE  OF THIS
SUBSECTION, PROVIDED, HOWEVER, SUCH CREDIT SHALL NOT EXCEED  FIVE  THOU-
SAND  DOLLARS.  IF SUCH CREDIT EXCEEDS THE TAX FOR SUCH TAXABLE YEAR, AS
REDUCED BY THE OTHER CREDITS PERMITTED BY THIS  ARTICLE,  THE  QUALIFIED
TAXPAYER  MAY  RECEIVE, AND THE COMPTROLLER, SUBJECT TO A CERTIFICATE OF
THE DEPARTMENT, SHALL PAY  AS  AN  OVERPAYMENT,  WITHOUT  INTEREST,  ANY
EXCESS BETWEEN SUCH TAX AS SO REDUCED AND THE AMOUNT OF THE CREDIT. IF A
QUALIFIED  TAXPAYER IS NOT REQUIRED TO FILE A RETURN PURSUANT TO SECTION
SIX HUNDRED FIFTY-ONE OF THIS ARTICLE, A QUALIFIED TAXPAYER  MAY  NEVER-
THELESS  RECEIVE  AND  THE  COMPTROLLER, SUBJECT TO A CERTIFICATE OF THE
DEPARTMENT, SHALL PAY AS AN OVERPAYMENT THE FULL AMOUNT OF  THE  CREDIT,
WITHOUT INTEREST.
  (3) MAXIMUM REAL PROPERTY TAX. (A) A QUALIFIED TAXPAYER'S MAXIMUM REAL
PROPERTY TAX SHALL BE DETERMINED AS FOLLOWS:
  (I)  IN  THE  CITY  OF  NEW YORK, AND THE COUNTIES OF NASSAU, SUFFOLK,
ROCKLAND, WESTCHESTER, PUTNAM, ORANGE AND DUTCHESS:

       HOUSEHOLD GROSS INCOME                   MAXIMUM REAL PROPERTY TAX

       ONE HUNDRED TWENTY THOUSAND              SIX PERCENT OF THE
       DOLLARS OR LESS                          HOUSEHOLD GROSS INCOME

       MORE THAN ONE HUNDRED                    SEVEN PERCENT OF
       TWENTY THOUSAND                          THE HOUSEHOLD
       DOLLARS, BUT                             GROSS INCOME
       LESS THAN OR EQUAL TO
       ONE HUNDRED SEVENTY-FIVE
       THOUSAND DOLLARS

       MORE THAN ONE HUNDRED                    EIGHT PERCENT OF
       SEVENTY-FIVE THOUSAND                    THE HOUSEHOLD
       DOLLARS, BUT LESS THAN                   GROSS INCOME
       OR EQUAL TO TWO HUNDRED
       FIFTY THOUSAND DOLLARS

       MORE THAN TWO HUNDRED                    NO LIMITATION.
       FIFTY THOUSAND
       DOLLARS
  (II) IN ALL OTHER COUNTIES IN THE STATE:

       HOUSEHOLD GROSS                          MAXIMUM REAL
       INCOME                                   PROPERTY TAX

       NINETY THOUSAND                          SIX PERCENT OF THE
       DOLLARS OR LESS                          HOUSEHOLD GROSS INCOME

       MORE THAN NINETY                         SEVEN PERCENT OF
       THOUSAND DOLLARS, BUT                    THE HOUSEHOLD
       LESS THAN OR EQUAL TO                    GROSS INCOME

S. 619                              4

       ONE HUNDRED FIFTY
       THOUSAND DOLLARS

       MORE THAN ONE HUNDRED                    EIGHT PERCENT OF
       FIFTY THOUSAND DOLLARS,                  THE HOUSEHOLD
       BUT LESS THAN OR EQUAL                   GROSS INCOME
       TO TWO HUNDRED FIFTY THOUSAND
       DOLLARS

       MORE THAN TWO HUNDRED FIFTY              NO LIMITATION.
       THOUSAND DOLLARS
  (B)  THE  THRESHOLDS OF HOUSEHOLD GROSS INCOME FOR ELIGIBILITY FOR THE
MAXIMUM REAL PROPERTY TAX CREDIT, ESTABLISHED  BY  SUBPARAGRAPH  (A)  OF
THIS PARAGRAPH, SHALL BE INDEXED FOR INFLATION.
  (4) EXCLUSIONS FROM ELIGIBILITY. NO CREDIT SHALL BE GRANTED UNDER THIS
SUBSECTION  IF  THE  QUALIFIED  TAXPAYER  CLAIMS  THE  REAL PROPERTY TAX
CIRCUIT BREAKER CREDIT, PURSUANT TO  SUBSECTION  (E)  OF  THIS  SECTION,
DURING THE TAXABLE YEAR.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law,  and  shall  apply  to
taxable years commencing on or after such date.

senate Bill S620

2015-2016 Legislative Session

Provides that self employment activities, for the purposes of unemployment, shall include training and counseling on establishing a business

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Sponsored By

Current Bill Status - Passed Senate


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

Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 07, 2016 referred to labor
delivered to assembly
passed senate
May 23, 2016 advanced to third reading
May 18, 2016 2nd report cal.
May 17, 2016 1st report cal.880
Feb 22, 2016 print number 620a
amend and recommit to commerce, economic development and small business
Jan 06, 2016 referred to commerce, economic development and small business
Jan 07, 2015 referred to commerce, economic development and small business

Bill Amendments

S620
S620A
S620
S620A

Co-Sponsors

S620 - Bill Details

See Assembly Version of this Bill:
A1177
Current Committee:
Assembly Labor
Law Section:
Economic Development Law
Laws Affected:
Amd §213, Ec Dev L; amd §591-a, Lab L; amd §10, Chap 413 of 2003
Versions Introduced in 2013-2014 Legislative Session:
S5277, A8128

S620 - Bill Texts

view summary

Provides that self employment activities, for the purposes of unemployment, shall include training and counseling on establishing a business; directs development centers and entrepreneurship support centers to track the outcomes in establishing businesses for program participants; directs the department of economic development to conduct a regional analysis of the effectiveness of self-employment sponsored businesses and business activity; extends from December 7, 2017 to December 7, 2019, the expiration of the self-employment assistance program.

view sponsor memo
BILL NUMBER: S620

TITLE OF BILL : An act to amend the economic development law, in
relation to requiring development centers and entrepreneurship support
centers to track the success of program participants; to amend the
labor law, in relation to self employment activities for the purposes
of unemployment claims; and to amend chapter 413 of the laws of 2003,
amending the labor law relating to the self-employment assistance
program and other matters, in relation to extending the expiration of
the provisions thereof


PURPOSE :

The purpose of this bill is to expand upon the scope of
self-employment assistance activities that can be conducted by the
Department of Labor in its management of the Self-employment
Assistance Program. This program is designed to allow recipients of
unemployment insurance to continue to receive unemployment benefits
when they participate in the Self-employment Assistance Program. The
goal of this program is to assist those who are currently unemployed
to become self-employed by establish their own business.

SUMMARY OF PROVISIONS :

Section 1: Amends Economic Development Law section 213 (1) to require
that each job development center and entrepreneurship support center,
when annually reporting on its activities to the Department of
Economic Development, must include information on the outcomes for
program participants and track such outcomes on a statistical basis
for a period of up to five years to ascertain, track and document the
success rate for such participants. In addition, the Department of
Economic Development shall, for entrepreneurship support centers,
conduct a regional analysis of the effectiveness of SEAP sponsored
businesses including any regional disparities in the participation
rates of such centers and the need for mechanisms to alleviate such
disparities.

Section 2: Amends Economic Development Law section 213 (2) to include
within this section of law a regional analysis of the effectiveness of
self-employment assistance programs as provided for in Labor Law
section 591-a, including regional disparities in the participation
rates for such centers.

Section 3: Amends Labor Law section 591-a (2)(c)(iii) to expand the
scope of self-employment activities that can be conducted by the
Department of Labor in its operation of the self-employment Assistance
Program (SEAP). Such activities can include class room training up to
40 hours and 20 hours of one-on-one counseling for each participant,
instruction on start-up business financial management, capital
acquisition and the development of business plans to establish a
successful business, provide participants information on the existence
of local professional organizations and chambers of commerce to help
develop a support network for such participants, and offer follow-up
advice and counseling to help ensure the success of such business
venture.

EXISTING LAW :

This bill expands upon the SEAP program so as to increase its
effectiveness, and extends the sunset date of this law until 2017.

JUSTIFICATION :

This bill is needed to expand upon the services that can be provided
by the SEAP program to assist those who are receiving unemployment
benefits and transition such persons to new profitable self-employment
opportunities. It is important for those unemployed persons with young
families and working -single women and mothers, to be able to expand
upon the kinds of business opportunities that such persons can pursue
and to help them build a new career or business that help to
successfully support such individuals or households. Such SEAP
programs would be encouraged to provide more instruction on start-up
business financial management, capital acquisition and the development
of practical business plans to establish a successful business.
Further, this bill attempts to establish support networks for such new
businesses by connecting them to local professional associations and
chambers of commerce and by providing follow-up advice and counseling
to ensure the success of such business venture. Further, it helps to
encourage cooperation between the Departments of Labor and Economic
Development that jointly approve and conduct SEAP activities to
further their departmental missions.

LEGISLATIVE HISTORY :

S.5277 of 2014

FISCAL IMPLICATIONS :

None.

EFFECTIVE DATE :
The first of January next succeeding the date on which it shall have
become a law.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   620

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT  to amend the economic development law, in relation to requiring
  development centers and entrepreneurship support centers to track  the
  success  of  program participants; to amend the labor law, in relation
  to self employment activities for the purposes of unemployment claims;
  and to amend chapter 413 of the laws of 2003, amending the  labor  law
  relating  to the self-employment assistance program and other matters,
  in relation to extending the expiration of the provisions thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1 of section 213 of the economic development
law, as added by chapter 839 of the laws of 1987, is amended to read  as
follows:
  1.  monitor the performance of each development center and each entre-
preneurship support center and require periodic and annual reports  from
each development center and each entrepreneurship support center at such
time  and  in  such a manner as prescribed by the commissioner, PROVIDED
THAT SUCH PERIODIC AND  ANNUAL  REPORTS  SHALL  PROVIDE  INFORMATION  ON
OUTCOMES,  WHETHER SUCCESSFUL OR NOT, FOR ALL INDIVIDUAL PROGRAM PARTIC-
IPANTS OF  EACH DEVELOPMENT CENTER OR ENTREPRENEURSHIP  SUPPORT  CENTER,
AND  TRACK  SUCH  OUTCOMES  ON A STATISTICAL BASIS FOR A PERIOD OF UP TO
FIVE YEARS SO AS TO HELP ASCERTAIN, TRACK AND DOCUMENT THE SUCCESS  RATE
FOR SUCH PARTICIPANTS;
  S  2.  Paragraph  (b)  of subdivision 2 of section 213 of the economic
development law, as amended by chapter 227  of  the  laws  of  1993,  is
amended to read as follows:
  (b)  in  the  case  of entrepreneurship support centers, the extent to
which the program serves minorities, women, individuals with a disabili-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01973-01-5

S. 620                              2

ty and dislocated workers; the extent to which the  program  is  coordi-
nated  with  other  assistance  programs targeted to small and new busi-
nesses; the ability of the program to leverage other sources of  funding
and  support;  the  success of the training programs in aiding entrepre-
neurs to start up new businesses, including the number of  new  business
start-ups  resulting  from  the program, and the quality of supplemental
technical assistance offered to graduates of the  training  programs;  A
REGIONAL  ANALYSIS  OF THE EFFECTIVENESS OF A SELF-EMPLOYMENT ASSISTANCE
PROGRAM, AS ESTABLISHED IN SECTION  FIVE  HUNDRED  NINETY-ONE-A  OF  THE
LABOR  LAW,  SPONSORED  BUSINESSES  AND BUSINESS ACTIVITY, INCLUDING ANY
REGIONAL DISPARITIES IN THE PARTICIPATION  RATES  OF  SUCH  CENTERS  AND
CONDUCTED  AT SUCH CENTERS AND THE NEED FOR MECHANISMS TO ALLEVIATE SUCH
DISPARITIES; such report shall recommend changes and improvements in the
program;
  S 3. Subparagraph (iii) of paragraph (c) of subdivision 2  of  section
591-a  of the labor law, as amended by section 1 of part Z of chapter 57
of the laws of 2013, is amended to read as follows:
  (iii)  are  participating  in  self-employment  assistance  activities
approved by the department and by the department of economic development
which include but need not be limited to entrepreneurial training, busi-
ness  counseling,  and technical assistance, including financing assist-
ance for qualified individuals as appropriate, offered by  entrepreneur-
ship  support centers established pursuant to section two hundred twelve
of the economic development law, state  university  of  New  York  small
business development centers, programs offered by community-based organ-
izations,  local  development  corporations,  and  boards of cooperative
educational services (BOCES) as  established  pursuant  to  section  one
thousand  nine hundred fifty of the education law; and, unless otherwise
required by federal law or regulation, no individual shall be prohibited
from or disqualified from eligibility for the program if prior to apply-
ing for the program, an individual has printed business cards or  has  a
website  that  is designed but not active, and neither are being used to
solicit or conduct business. SELF-EMPLOYMENT ASSISTANCE  ACTIVITIES  MAY
INCLUDE  CLASSROOM  TRAINING  FOR UP TO FORTY HOURS AND ONE-ON-ONE COUN-
SELING FOR UP TO TWENTY  HOURS  FOR  EACH  PARTICIPANT,  INSTRUCTION  ON
START-UP  BUSINESS  FINANCIAL  MANAGEMENT,  CAPITAL  ACQUISITION AND THE
DEVELOPMENT OF BUSINESS PLANS TO ESTABLISH A  SUCCESSFUL  BUSINESS,  THE
PROVISION  OF  INFORMATION ON THE EXISTENCE OF LOCAL PROFESSIONAL ORGAN-
IZATIONS OR CHAMBERS OF COMMERCE THAT CAN  HELP  TO  PROVIDE  A  SUPPORT
NETWORK FOR THE SUCCESSFUL ESTABLISHMENT AND OPERATION OF A NEWLY FORMED
BUSINESS,  AND OFFER THE PROVISION OF FOLLOW-UP ADVICE AND COUNSELING TO
PARTICIPANTS TO HELP ENSURE THE SUCCESS OF SUCH BUSINESS VENTURE;
  S 4. Section 10 of chapter 413 of the laws of 2003, amending the labor
law  relating  to  the  self-employment  assistance  program  and  other
matters,  as amended by section 2 of part Z of chapter 57 of the laws of
2013, is amended to read as follows:
  S 10.  This act shall take effect immediately; provided, however, that
sections eight and nine of this act shall expire December 7, [2015] 2019
when upon such date the provisions of  such  sections  shall  be  deemed
repealed.
  S  5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, however that
the amendments to section 591-a of the labor law made by  section  three
of  this  act  shall  not affect the repeal of such section and shall be
deemed repealed therewith.

Co-Sponsors

S620A - Bill Details

See Assembly Version of this Bill:
A1177
Current Committee:
Assembly Labor
Law Section:
Economic Development Law
Laws Affected:
Amd §213, Ec Dev L; amd §591-a, Lab L; amd §10, Chap 413 of 2003
Versions Introduced in 2013-2014 Legislative Session:
S5277, A8128

S620A - Bill Texts

view summary

Provides that self employment activities, for the purposes of unemployment, shall include training and counseling on establishing a business; directs development centers and entrepreneurship support centers to track the outcomes in establishing businesses for program participants; directs the department of economic development to conduct a regional analysis of the effectiveness of self-employment sponsored businesses and business activity; extends from December 7, 2017 to December 7, 2019, the expiration of the self-employment assistance program.

view sponsor memo
BILL NUMBER: S620A

TITLE OF BILL : An act to amend the economic development law, in
relation to requiring development centers and entrepreneurship support
centers to track the success of program participants; to amend the
labor law, in relation to self employment activities for the purposes
of unemployment claims; and to amend chapter 413 of the laws of 2003,
amending the labor law relating to the self-employment assistance
program and other matters, in relation to extending the expiration of
the provisions thereof

PURPOSE :

The purpose of this bill is to expand upon the scope of
self-employment assistance activities that can be conducted by the
Department of Labor in its management of the Self-employment
Assistance Program. This program is designed to allow recipients of
unemployment insurance to continue to receive unemployment benefits
when they participate in the Self-employment Assistance Program. The
goal of this program is to assist those who are currently unemployed
to become self-employed by establish their own business.

SUMMARY OF PROVISIONS :

Section 1: Amends Economic Development Law section 213 (1) to require
that each job development center and entrepreneurship support center,
when annually reporting on its activities to the Department of
Economic Development, must include information on the outcomes for
program participants and track such outcomes on a statistical basis
for a period of up to five years to ascertain, track and document the
success rate for such participants. In addition, the Department of
Economic Development shall, for entrepreneurship support centers,
conduct a regional analysis of the effectiveness of SEAP sponsored
businesses including any regional disparities in the participation
rates of such centers and the need for mechanisms to alleviate such
disparities.

Section 2: Amends Economic Development Law section 213 (2) to include
within this section of law a regional analysis of the effectiveness of
self-employment assistance programs as provided for in Labor Law
section 591-a, including regional disparities in the participation
rates for such centers.

Section 3: Amends Labor Law section 591-a (2)(c)(iii) to expand the
scope of self-employment activities that can be conducted by the
Department of Labor in its operation of the self-employment Assistance
Program (SEAP). Such activities can include class room training up to
40 hours and 20 hours of one-on-one counseling for each participant,
instruction on start-up business financial management, capital
acquisition and the development of business plans to establish a
successful business, provide participants information on the existence
of local professional organizations and chambers of commerce to help
develop a support network for such participants, and offer follow-up
advice and counseling to help ensure the success of such business
venture.

EXISTING LAW :

This bill expands upon the SEAP program so as to increase its
effectiveness, and extends the sunset date of this law until 2017.

JUSTIFICATION :

This bill is needed to expand upon the services that can be provided
by the SEAP program to assist those who are receiving unemployment
benefits and transition such persons to new profitable self-employment
opportunities. It is important for those unemployed persons with young
families and working -single women and mothers, to be able to expand
upon the kinds of business opportunities that such persons can pursue
and to help them build a new career or business that help to
successfully support such individuals or households. Such SEAP
programs would be encouraged to provide more instruction on start-up
business financial management, capital acquisition and the development
of practical business plans to establish a successful business.
Further, this bill attempts to establish support networks for such new
businesses by connecting them to local professional associations and
chambers of commerce and by providing follow-up advice and counseling
to ensure the success of such business venture. Further, it helps to
encourage cooperation between the Departments of Labor and Economic
Development that jointly approve and conduct SEAP activities to
further their departmental missions.

LEGISLATIVE HISTORY :

S.5277 of 2014

FISCAL IMPLICATIONS :

None.

EFFECTIVE DATE :
The first of January next succeeding the date on which it shall have
become a law.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 620--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sens. VALESKY, CARLUCCI -- read twice and ordered printed,
  and when printed to be committed to the Committee on Commerce, Econom-
  ic  Development  and Small Business -- recommitted to the Committee on
  Commerce, Economic Development and Small Business in  accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the economic development law, in relation  to  requiring
  development  centers and entrepreneurship support centers to track the
  success of program participants; to amend the labor law,  in  relation
  to self employment activities for the purposes of unemployment claims;
  and  to  amend chapter 413 of the laws of 2003, amending the labor law
  relating to the self-employment assistance program and other  matters,
  in relation to extending the expiration of the provisions thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 213 of  the  economic  development
law,  as added by chapter 839 of the laws of 1987, is amended to read as
follows:
  1. monitor the performance of each development center and each  entre-
preneurship  support center and require periodic and annual reports from
each development center and each entrepreneurship support center at such
time and in such a manner as prescribed by  the  commissioner,  PROVIDED
THAT  SUCH  PERIODIC  AND  ANNUAL  REPORTS  SHALL PROVIDE INFORMATION ON
OUTCOMES, WHETHER SUCCESSFUL OR NOT, FOR ALL INDIVIDUAL PROGRAM  PARTIC-
IPANTS  OF   EACH DEVELOPMENT CENTER OR ENTREPRENEURSHIP SUPPORT CENTER,
AND TRACK SUCH OUTCOMES ON A STATISTICAL BASIS FOR A  PERIOD  OF  UP  TO
FIVE  YEARS SO AS TO HELP ASCERTAIN, TRACK AND DOCUMENT THE SUCCESS RATE
FOR SUCH PARTICIPANTS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01973-02-6

S. 620--A                           2

  S 2. Paragraph (b) of subdivision 2 of section  213  of  the  economic
development  law,  as  amended  by  chapter  227 of the laws of 1993, is
amended to read as follows:
  (b)  in  the  case  of entrepreneurship support centers, the extent to
which the program serves minorities, women, individuals with a disabili-
ty and dislocated workers; the extent to which the  program  is  coordi-
nated  with  other  assistance  programs targeted to small and new busi-
nesses; the ability of the program to leverage other sources of  funding
and  support;  the  success of the training programs in aiding entrepre-
neurs to start up new businesses, including the number of  new  business
start-ups  resulting  from  the program, and the quality of supplemental
technical assistance offered to graduates of the  training  programs;  A
REGIONAL  ANALYSIS  OF THE EFFECTIVENESS OF A SELF-EMPLOYMENT ASSISTANCE
PROGRAM, AS ESTABLISHED IN SECTION  FIVE  HUNDRED  NINETY-ONE-A  OF  THE
LABOR  LAW,  SPONSORED  BUSINESSES  AND BUSINESS ACTIVITY, INCLUDING ANY
REGIONAL DISPARITIES IN THE PARTICIPATION  RATES  OF  SUCH  CENTERS  AND
CONDUCTED  AT SUCH CENTERS AND THE NEED FOR MECHANISMS TO ALLEVIATE SUCH
DISPARITIES; such report shall recommend changes and improvements in the
program;
  S 3. Subparagraph (iii) of paragraph (c) of subdivision 2  of  section
591-a  of the labor law, as amended by section 1 of part Z of chapter 57
of the laws of 2013, is amended to read as follows:
  (iii)  are  participating  in  self-employment  assistance  activities
approved by the department and by the department of economic development
which include but need not be limited to entrepreneurial training, busi-
ness  counseling,  and technical assistance, including financing assist-
ance for qualified individuals as appropriate, offered by  entrepreneur-
ship  support centers established pursuant to section two hundred twelve
of the economic development law, state  university  of  New  York  small
business development centers, programs offered by community-based organ-
izations,  local  development  corporations,  and  boards of cooperative
educational services (BOCES) as  established  pursuant  to  section  one
thousand  nine hundred fifty of the education law; and, unless otherwise
required by federal law or regulation, no individual shall be prohibited
from or disqualified from eligibility for the program if prior to apply-
ing for the program, an individual has printed business cards or  has  a
website  that  is designed but not active, and neither are being used to
solicit or conduct business. SELF-EMPLOYMENT ASSISTANCE  ACTIVITIES  MAY
INCLUDE  CLASSROOM  TRAINING  FOR UP TO FORTY HOURS AND ONE-ON-ONE COUN-
SELING FOR UP TO TWENTY  HOURS  FOR  EACH  PARTICIPANT,  INSTRUCTION  ON
START-UP  BUSINESS  FINANCIAL  MANAGEMENT,  CAPITAL  ACQUISITION AND THE
DEVELOPMENT OF BUSINESS PLANS TO ESTABLISH A  SUCCESSFUL  BUSINESS,  THE
PROVISION  OF  INFORMATION ON THE EXISTENCE OF LOCAL PROFESSIONAL ORGAN-
IZATIONS OR CHAMBERS OF COMMERCE THAT CAN  HELP  TO  PROVIDE  A  SUPPORT
NETWORK FOR THE SUCCESSFUL ESTABLISHMENT AND OPERATION OF A NEWLY FORMED
BUSINESS,  AND OFFER THE PROVISION OF FOLLOW-UP ADVICE AND COUNSELING TO
PARTICIPANTS TO HELP ENSURE THE SUCCESS OF SUCH BUSINESS VENTURE;
  S 4. Section 10 of chapter 413 of the laws of 2003, amending the labor
law  relating  to  the  self-employment  assistance  program  and  other
matters,  as  amended  by chapter 457 of the laws of 2015, is amended to
read as follows:
  S 10.  This act shall take effect immediately; provided, however, that
sections eight and nine of this act shall expire December 7, [2017] 2019
when upon such date the provisions of  such  sections  shall  be  deemed
repealed.

S. 620--A                           3

  S  5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, however that
the amendments to section 591-a of the labor law made by  section  three
of  this  act  shall  not affect the repeal of such section and shall be
deemed repealed therewith.

senate Bill S621

2015-2016 Legislative Session

Relates to establishing the New York state telehealth/telemedicine act

download bill text pdf

Sponsored By

Current Bill Status - STRICKEN


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

Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 08, 2016 recommit, enacting clause stricken
Jan 06, 2016 referred to health
Jan 07, 2015 referred to health

Co-Sponsors

S621 - Bill Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add Art 27-L §§2799-t - 2799-w, amd §3614, Pub Health L; add §99-w, St Fin L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S4023B
2011-2012: S662A
2009-2010: S3198B

S621 - Bill Texts

view summary

Promotes the development, provision and accessibility of telehealth/telemedicine services in New York state; establishes a telehealth/telemedicine development and research grant fund.

view sponsor memo
BILL NUMBER: S621

TITLE OF BILL : An act to amend the public health law, in relation
to promoting the development, provision and accessibility of
telehealth/telemedicine services in New York state; and to amend the
state finance law, in relation to establishing a New York state
telehealth/telemedicine development and research grant fund

PURPOSE :

This legislation would enact the "New York State
telehealth/telemedicine development act" to coordinate and focus state
policy and program planning for telehealth and telemedicine.

SUMMARY OF SPECIFIC PROVISIONS :

This legislation would add a new article 27-L to the public health
law, creating the "New York State telehealth/telemedicine act."

Section 2799-u establishes a telehealth/telemedicine development
program to coordinate and focus state administrative responsibilities
and planning efforts relative to telehealth & telemedicine. This would
involve the submission of an annual plan to the governor and
legislature to include necessary recommendations for legislation,
regulatory or budgetary support; the identification of barriers to the
provision of an access to telehealth/telemedicine; an overview of
relevant research being conduction.

The commissioner is also charged with identifying standards from the
American Telemedicine Association, the Federal Food and Drug
Administration, the public health law, the education law and other
generally recognized standard setting or accrediting sources as the
commissioner may determine necessary to ensure appropriate safeguards
for the use of telehealth/telemedicine services are in place.

Section 2799-v authorizes funding and grants for eligible providers
for the development of telehealth/telemedicine services in underserved
geographic areas in the state, and where it is determined that the
implementation of such telehealth/telemedicine services would improve
patient access and quality of care.

Section 2799-w directs the health commissioner to promote and support
clinical and programmatic research to develop effective and efficient
application of telehealth/telemedicine methods. It also authorizes the
commissioner to apply for governmental and philanthropic grants. This
legislation also amends the public health law to provide for the
capital reimbursement for telehealth and telemedicine expenditeres.
It also creates the New York state telehealth/telemedicine development
and research grant fund.

JUSTIFICATION :

One measure of a community's quality of life is the availability,
accessibility and quality of its health care services. The Internet
and other electronic technologies have the potential to fundamentally
reshape health care service delivery in ways that improve quality of
and access to care in a cost-efficient manner. Technology can bring
cutting-edge health care to any location, help reduce and prevent
medication errors and enhance information about state-of-the-art
health care. Large segments of New York's population in rural and
other medically under-served areas have difficulty accessing primary
health care and specialty services as well as health education.
Providers in these communities are often isolated from mentors,
colleagues and information necessary to provide optimal patient care.


The proven potential of telehealth/telemedicine to both provide
primary care access to underserved populations, as well as reduce
hospitalizations of patients suffering from chronic disease, through
the use of home care, warrants an increased focus on the application
of such technology in our health care system.

The purpose of this bill is to serve as catalyst to expand and improve
telehealth and telemedicine programs in communities across the State,
through adoption of a state policy to direct telemedicine/telehealth
health services in New York. Through an integrated telecommunications
system, patients and providers across the continuum of care can have
increased access to medical treatment and state-of the-art health
care, as well as educational and professional training opportunities.
Congress has recognized these benefits in authorizing Medicare
reimbursement for telemedicine services. However, the issues are more
complex at the state level because each state has the authority to set
its own requirements for licensure and credentialing, as well as
different rules for insurance and Medicaid programs.

It is well established that New York spends far more on Medicaid
expenses than any other state, per capita. The legislature must seek
long-term solutions that look to maintain quality of care, while
lowering the utilization of non-ambulatory health care services that
increase cost borne by our taxpayers. Breaking down the geographic
barriers between patients and providers through telecommunications
must lie at the heart of this effort.

PRIOR LEGISLATIVE HISTORY :

Similar legislation (A.1766-A of 2009) creating a
telehealth/telemedicine task force passed the Assembly in 2009.
Introduced in 2009 as S.3918. S.652 of 2011-12. S.4023B of 2013-14

FISCAL IMPLICATIONS :

To be determined.

EFFECTIVE DATE :
Immediately, provided that section three shall take effect the first
of April succeeding the date on which this act shall become law.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   621

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law,  in  relation  to  promoting  the
  development,  provision  and  accessibility of telehealth/telemedicine
  services in New York state; and to amend the  state  finance  law,  in
  relation  to  establishing  a  New  York state telehealth/telemedicine
  development and research grant fund

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This act shall be known and may be cited as the "New York
state telehealth/telemedicine development act."
  S 2. The public health law is amended by adding a new article 27-L  to
read as follows:
                              ARTICLE 27-L
       NEW YORK STATE TELEHEALTH/TELEMEDICINE DEVELOPMENT PROGRAM
SECTION 2799-T. LEGISLATIVE INTENT.
        2799-U. COORDINATION    OF   DEPARTMENT   RESPONSIBILITIES   FOR
                  TELEHEALTH/TELEMEDICINE; ANNUAL PLAN.
        2799-V. TELEHEALTH/TELEMEDICINE DEVELOPMENT; GRANTS  FOR  UNDER-
                  SERVED AREAS AND POPULATIONS.
        2799-W. TELEHEALTH/TELEMEDICINE RESEARCH.
  S  2799-T.  LEGISLATIVE  INTENT. THE LEGISLATURE RECOGNIZES THE DEMON-
STRATED  COST-EFFECTIVENESS,  IMPROVEMENTS  IN  DISEASE  MANAGEMENT  AND
IMPROVED    PATIENT   OUTCOMES   RESULTING   FROM   THE   PROVISION   OF
TELEHEALTH/TELEMEDICINE SERVICES. TELEHEALTH/TELEMEDICINE  SERVICES  ARE
THOSE  SERVICES  WHICH  UTILIZE  ELECTRONIC TECHNOLOGY OVER A GEOGRAPHIC
DISTANCE BETWEEN PATIENTS AND HEALTH CARE PROVIDERS FOR THE PURPOSES  OF
ASSESSMENT,  MONITORING, INTERVENTION, CLINICAL MANAGEMENT AND/OR EDUCA-
TION WITH PATIENTS. STUDIES HAVE CHRONICLED  SIGNIFICANT  REDUCTIONS  IN
HOSPITALIZATIONS  AND  OTHERWISE  NECESSARY  MEDICAL CARE AS A RESULT OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01966-01-5

S. 621                              2

TELEHEALTH/TELEMEDICINE INTERVENTION. THE LEGISLATURE FURTHER RECOGNIZES
THAT GEOGRAPHY, WEATHER AND OTHER FACTORS CAN CREATE BARRIERS TO ACCESS-
ING APPROPRIATE HEALTH AND MENTAL HEALTH CARE  IN  NEW  YORK  STATE  AND
THAT  ONE WAY   TO PROVIDE, ENSURE OR ENHANCE ACCESS TO CARE GIVEN THESE
BARRIERS IS THROUGH THE APPROPRIATE USE OF TECHNOLOGY  TO  ALLOW  HEALTH
CARE  CONSUMERS  ACCESS  TO  QUALIFIED  HEALTH CARE PROVIDERS AND INSTI-
TUTIONS.   IN   ORDER   TO   PROMOTE   THE   ROLE   AND   CAPACITY    OF
TELEHEALTH/TELEMEDICINE  TECHNOLOGY  RELATIVE  TO  THESE  PURPOSES,  THE
LEGISLATURE HEREBY ENACTS THE  NEW  YORK  STATE  TELEHEALTH/TELEMEDICINE
DEVELOPMENT  ACT  TO  ESTABLISH  A  TELEHEALTH/TELEMEDICINE  DEVELOPMENT
PROGRAM TO COORDINATE AND FOCUS STATE ADMINISTRATIVE RESPONSIBILITIES AS
WELL AS STATE POLICY AND PROGRAM PLANNING  FOR  TELEHEALTH/TELEMEDICINE,
PROVIDE FOR TELEHEALTH/TELEMEDICINE DEVELOPMENT IN UNDERSERVED GEOGRAPH-
IC  AREAS  AND  FOR  NEW  POPULATIONS, PROMOTE QUALITY AND SAFEGUARDS IN
TELEHEALTH/TELEMEDICINE,  PROMOTE  AND  ASSIST   TELEHEALTH/TELEMEDICINE
RESEARCH  AND EVALUATION, ESTABLISH THE TELEHEALTH/TELEMEDICINE RESEARCH
AND DEVELOPMENT FUND, AND PROVIDE FOR CAPITAL FINANCING.
  S   2799-U.   COORDINATION   OF   DEPARTMENT   RESPONSIBILITIES    FOR
TELEHEALTH/TELEMEDICINE;  ANNUAL PLAN. 1. THE COMMISSIONER SHALL COORDI-
NATE AND FOCUS THE DEPARTMENT'S DEVELOPMENTAL, ADMINISTRATIVE,  RESEARCH
AND EVALUATION RESPONSIBILITIES FOR TELEHEALTH/TELEMEDICINE SERVICES.
  2. THE COMMISSIONER, IN CONSULTATION WITH ELIGIBLE PROVIDERS AS SPECI-
FIED IN SUBDIVISION TWO OF SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-V OF
THIS  ARTICLE,  SHALL  PREPARE  AND SUBMIT AN ANNUAL PLAN TO SUPPORT THE
PROVISION  OF  TELEHEALTH/TELEMEDICINE  SERVICES  PROVIDED  PURSUANT  TO
SUBDIVISION THREE-C OF SECTION THIRTY-SIX HUNDRED FOURTEEN OF THIS CHAP-
TER,  AS  WELL  AS  OTHER TELEHEALTH/TELEMEDICINE SERVICES FOR WHICH THE
DEPARTMENT HAS  DEVELOPMENTAL  AND  ADMINISTRATIVE  RESPONSIBILITY.  THE
ANNUAL PLAN SHALL INCLUDE:
  (A)  ANY  NECESSARY RECOMMENDATIONS FOR LEGISLATIVE, ADMINISTRATIVE OR
BUDGETARY SUPPORT FOR TELEHEALTH/TELEMEDICINE SERVICES;
  (B) THE IDENTIFICATION OF BARRIERS TO THE PROVISION OF AND  ACCESS  TO
TELEHEALTH/TELEMEDICINE,  INCLUDING  EDUCATION  AND  TRAINING  FOR  BOTH
PROVIDERS AND CONSUMERS, ELECTRONIC RECORDS INTERFACE,  AND  OTHER,  AND
THE  METHODS  BY WHICH THE DEPARTMENT WILL AID IN ADDRESSING SUCH BARRI-
ERS; AND
  (C) AN ABSTRACT OF TELEHEALTH/TELEMEDICINE RESEARCH EITHER BEING OR TO
BE CONDUCTED BY THE DEPARTMENT, OR FACILITATED  BY  THE  DEPARTMENT  AND
BEING OR TO BE CONDUCTED BY PROVIDERS OR OTHER ENTITIES.
  3.  THE  COMMISSIONER  SHALL  PROVIDE COPIES OF THE ANNUAL PLAN TO THE
GOVERNOR, THE TEMPORARY PRESIDENT AND MINORITY LEADER OF THE SENATE  AND
THE SPEAKER AND MINORITY LEADER OF THE ASSEMBLY.
  4.  (A)  THE  COMMISSIONER, IN CONSULTATION WITH ELIGIBLE PROVIDERS AS
SPECIFIED  IN  SUBDIVISION   TWO   OF   SECTION   TWENTY-SEVEN   HUNDRED
NINETY-NINE-V OF THIS ARTICLE, SHALL IDENTIFY STANDARDS DETERMINED TO BE
NECESSARY  FOR TELEHEALTH/TELEMEDICINE SERVICES UNDER THIS ARTICLE. SUCH
STANDARDS, INCLUDING STANDARDS FOR THE PROTECTION  OF  PATIENT  INFORMA-
TION, SHALL BE IDENTIFIED FROM:
  (I)  THE  AMERICAN TELEMEDICINE ASSOCIATION, THE FEDERAL FOOD AND DRUG
ADMINISTRATION AND/OR OTHER GENERALLY RECOGNIZED STANDARD-SETTING ORGAN-
IZATIONS AS THE COMMISSIONER MAY DETERMINE;
  (II) TITLE EIGHT OF THE EDUCATION LAW AND  REGULATIONS  THERETO,  THIS
CHAPTER  AND  REGULATIONS  THERETO  AND, AS APPLICABLE, THE STANDARDS OF
RELEVANT PROFESSIONAL OR ACCREDITING  BODIES  AS  THE  COMMISSIONER  MAY
DETERMINE,   TO   ENSURE   THAT  TELEHEALTH/TELEMEDICINE  MONITORING  IS
CONDUCTED BY INDIVIDUALS IN ACCORDANCE WITH,  AND  AS  LIMITED  BY,  THE

S. 621                              3

APPLICABLE  SCOPE OF PRACTICE, LICENSURE AND/OR CREDENTIALING PROVISIONS
OF SUCH LAWS AND STANDARDS.
  (B) THE COMMISSIONER MAY INCORPORATE, WITHIN THE ANNUAL PLAN SUBMITTED
PURSUANT  TO  SUBDIVISION  TWO  OF THIS SECTION, RECOMMENDATIONS FOR ANY
ADDITIONAL  STANDARDS  OR   REQUIREMENTS   FOR   TELEHEALTH/TELEMEDICINE
SERVICES AS MAY BE NECESSARY UNDER THIS ARTICLE.
  S  2799-V. TELEHEALTH/TELEMEDICINE DEVELOPMENT; GRANTS FOR UNDERSERVED
AREAS AND POPULATIONS. 1. SUBJECT TO THE AVAILABILITY  OF  FUNDING  FROM
SECTION  NINETY-NINE-W OF THE STATE FINANCE LAW, FUNDS MADE AVAILABLE IN
THE GENERAL FUND OR ANY OTHER FUNDS MADE AVAILABLE THEREFOR, THE DEPART-
MENT SHALL PROVIDE GRANTS TO ELIGIBLE PROVIDERS FOR:
  (A) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES IN  GEOGRAPHIC
AREAS  OF  THE  STATE  DEEMED BY THE DEPARTMENT TO BE UNDERSERVED ON THE
BASIS OF A LACK OF PROVIDERS PURSUANT TO THIS ARTICLE;
  (B) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES IN  GEOGRAPHIC
AREAS  OF  THE  STATE  DEEMED BY THE DEPARTMENT TO BE UNDERSERVED ON THE
BASIS OF THE LACK OF TELEHEALTH/TELEMEDICINE SERVICES IN THE AREA;
  (C) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES FOR NEW  POPU-
LATIONS,  WHERE  EVIDENCE  SUGGESTS THE PROVISION OF SUCH SERVICES WOULD
FACILITATE THE  MANAGEMENT  OF  PATIENT  CARE,  ACCESS  TO  CARE  AND/OR
COST-EFFECTIVENESS OF CARE;
  (D) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES FOR NEW CONDI-
TIONS,  WHERE  EVIDENCE  SUGGESTS  THE  PROVISION OF SUCH SERVICES WOULD
FACILITATE THE MANAGEMENT OF SUCH  CONDITIONS,  ACCESS  TO  CARE  AND/OR
COST-EFFECTIVENESS OF CARE;
  (E)  THE  DEVELOPMENT  OF TELEHEALTH/TELEMEDICINE SERVICES TO EVALUATE
THE POTENTIAL BENEFITS OF NEW  TELEHEALTH/TELEMEDICINE  TECHNOLOGY,  FOR
PATIENT CARE, ACCESS TO CARE AND/OR COST-EFFECTIVENESS OF CARE; OR
  (F) SUCH OTHER PURPOSES AS THE DEPARTMENT MAY IDENTIFY.
  2.  ELIGIBLE  PROVIDERS  SHALL  INCLUDE  THOSE  LICENSED, CERTIFIED OR
AUTHORIZED UNDER ARTICLE TWENTY-EIGHT, THIRTY-SIX OR FORTY OF THIS CHAP-
TER OR UNDER SECTION FORTY-FOUR  HUNDRED  THREE-F  OF  THIS  CHAPTER  OR
PHYSICIANS  LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE OF TITLE EIGHT
OF THE EDUCATION LAW;  PROVIDED  HOWEVER  THAT  ELIGIBILITY  UNDER  THIS
SECTION  TO PROVIDE TELEHEALTH/TELEMEDICINE SERVICES SHALL BE CONSISTENT
WITH THE AUTHORITY FOR THE PROVISION OF CARE OTHERWISE PROVIDED PURSUANT
TO ARTICLE TWENTY-EIGHT, THIRTY-SIX OR FORTY OF THIS  CHAPTER  OR  UNDER
SECTION FORTY-FOUR HUNDRED THREE-F OF THIS CHAPTER OR TITLE EIGHT OF THE
EDUCATION LAW.
  3.  THE  DEPARTMENT, IN CONSULTATION WITH ELIGIBLE PROVIDERS AS SPECI-
FIED IN SUBDIVISION TWO OF THIS SECTION, SHALL ESTABLISH THE  FORMS  AND
PROCESS  FOR  THE SUBMISSION AND APPROVAL OF GRANT APPLICATIONS PURSUANT
TO THIS SUBDIVISION.
  S 2799-W. TELEHEALTH/TELEMEDICINE RESEARCH. 1. THE COMMISSIONER  SHALL
PROMOTE  AND SUPPORT CLINICAL AND PROGRAMMATIC RESEARCH BY PROVIDERS AND
OTHER ENTITIES TO FURTHER EVALUATE, REFINE AND/OR DEVELOP EFFECTIVE  AND
EFFICIENT  APPLICATION OF TELEHEALTH/TELEMEDICINE METHODS AND TECHNOLOGY
TO POPULATIONS, CONDITIONS AND  CIRCUMSTANCES.  THE  COMMISSIONER  SHALL
MAKE AVAILABLE DATA AND TECHNICAL ASSISTANCE FOR SUCH RESEARCH, PROVIDED
THAT  ANY  DATA MADE AVAILABLE MUST NOT CONTAIN INDIVIDUALLY IDENTIFYING
INFORMATION.
  2. THE COMMISSIONER IS AUTHORIZED  TO  APPLY  FOR  SUCH  GOVERNMENTAL,
PHILANTHROPIC  AND OTHER GRANTS THAT MAY BE AVAILABLE FOR SUCH RESEARCH.
MONIES FROM SUCH GRANTS  SHALL  BE  DEPOSITED  IN  THE  NEW  YORK  STATE
TELEHEALTH/TELEMEDICINE  DEVELOPMENT AND RESEARCH GRANT FUND ESTABLISHED
BY SECTION NINETY-NINE-W OF THE STATE FINANCE LAW.

S. 621                              4

  3. THE DEPARTMENT SHALL CONSULT WITH ELIGIBLE PROVIDERS, AS  SPECIFIED
IN SUBDIVISION TWO OF SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-V OF THIS
ARTICLE IN THE IMPLEMENTATION OF THIS SECTION.
  S  3. Section 3614 of the public health law is amended by adding a new
subdivision 3-d to read as follows:
  3-D. CAPITAL REIMBURSEMENT FOR TELEHEALTH/TELEMEDICINE. THE DEPARTMENT
SHALL INCLUDE IN THE REIMBURSEMENT RATES ESTABLISHED  PURSUANT  TO  THIS
SECTION  A COST ALLOWANCE FOR THE REIMBURSEMENT OF CAPITAL COSTS FOR THE
DEVELOPMENT,  OPERATION   AND   PROVISION   OF   TELEHEALTH/TELEMEDICINE
SERVICES, INCLUDING THE LINKAGE OF TELEHEALTH/TELEMEDICINE AND ELECTRON-
IC  MEDICAL  RECORDS. THE METHODOLOGY FOR THE INCLUSION OF THE ALLOWANCE
SHALL BE DEVELOPED IN  CONSULTATION  WITH  THE  ELIGIBLE  PROVIDERS  FOR
TELEHEALTH/TELEMEDICINE  PURSUANT  TO SECTION TWENTY-SEVEN HUNDRED NINE-
TY-NINE-U OF THIS CHAPTER.
  S 4. The state finance law is amended by adding a new section 99-w  to
read as follows:
  S   99-W.  NEW  YORK  STATE  TELEHEALTH/TELEMEDICINE  DEVELOPMENT  AND
RESEARCH GRANT FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY
OF THE STATE COMPTROLLER AND COMMISSIONER  OF  TAXATION  AND  FINANCE  A
SPECIAL  FUND TO BE KNOWN AS THE "NEW YORK STATE TELEHEALTH/TELEMEDICINE
DEVELOPMENT AND RESEARCH FUND".
  2. SUCH FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR THE  PURPOSE
OF  SUCH FUND AND ANY GRANT, GIFT OR BEQUEST MADE FOR PURPOSES OF DEVEL-
OPMENT  OR  GRANTS  FOR  TELEHEALTH/TELEMEDICINE  SERVICES  PURSUANT  TO
SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-V OF THE PUBLIC HEALTH LAW.
  3. MONIES OF THE FUND SHALL BE AVAILABLE TO THE COMMISSIONER OF HEALTH
FOR  THE  PURPOSE  OF  PROVIDING  DEVELOPMENT  AND  RESEARCH  GRANTS FOR
TELEHEALTH/TELEMEDICINE PURSUANT TO SECTION TWENTY-SEVEN  HUNDRED  NINE-
TY-NINE-V OF THE PUBLIC HEALTH LAW.
  4.  THE  MONIES OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OF HEALTH, OR BY AN OFFICER OR EMPLOYEE  OF  THE  DEPARTMENT  OF  HEALTH
DESIGNATED BY SUCH COMMISSIONER.
  S  5.  This  act shall take effect immediately; provided, that section
three of this act shall take effect on the first of April next  succeed-
ing  the date on which this act shall have become law; provided further,
however, that the commissioner of health shall be authorized to take all
necessary steps to implement this section by such date.

senate Bill S625

2015-2016 Legislative Session

Relates to the allocation of funds under the supportive housing development program

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2016 referred to health
delivered to assembly
passed senate
ordered to third reading cal.1602
committee discharged and committed to rules
Jan 06, 2016 referred to health
returned to senate
died in assembly
Apr 29, 2015 referred to health
delivered to assembly
passed senate
Mar 19, 2015 advanced to third reading
Mar 18, 2015 2nd report cal.
Mar 17, 2015 1st report cal.252
Jan 07, 2015 referred to health

Co-Sponsors

S625 - Bill Details

See Assembly Version of this Bill:
A3621
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §2823, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:
S7305, A9887

S625 - Bill Texts

view summary

Relates to the allocation of funds under the supportive housing development program.

view sponsor memo
BILL NUMBER: S625

TITLE OF BILL : An act to amend the public health law, in relation
to the allocation of funds under the supportive housing development
program

PURPOSE :

To provide counties with cities that have a population of less than
one million people access to supportive housing development funds.

SUMMARY OF PROVISIONS :

This bill would direct no less than ten million dollars of grants from
the supportive housing development fund to be allocated to counties
with cities that have populations of less than one million people.

JUSTIFICATION :

Many upstate New York nursing homes have residents that could live in
an independent setting if they had access to support services. These
residents are living in nursing homes not because they need that level
of care, but because they have no other housing choice. The result is
that Medicaid is paying for a level of service that is not needed.

In the Governor's Medicaid Redesign Team's Multi-Year Action Plan, a
number of issues were addressed, including the need for availability
of affordable supportive housing to alleviate populations living in
institutional settings (Multi-Year Plan, page 25). The plan recognizes
that this is a significant area for Medicaid cost-reduction.

To date, none of the supportive housing development funds have been
allocated to any upstate New York projects.

LEGISLATIVE HISTORY :

S.7305 of 2014

FISCAL IMPLICATIONS :

This legislation generates cost-savings to the Medicaid program.

EFFECTIVE DATE :
This act shall take effect immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   625

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to the allocation  of
  funds under the supportive housing development program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 8 of section 2823 of the public health  law  is
renumbered  subdivision  9  and  a new subdivision 8 is added to read as
follows:
  8. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO LESS  THAN
TEN  MILLION  DOLLARS OF GRANTS UNDER THIS SECTION SHALL BE ALLOCATED TO
PROJECTS IN COUNTIES WITH CITIES THAT HAVE POPULATIONS OF LESS THAN  ONE
MILLION PEOPLE.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01979-01-5

senate Bill S626

2015-2016 Legislative Session

Establishes the capital infrastructure improvement and development for older New Yorkers grant program

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to aging
Jan 07, 2015 referred to aging

Co-Sponsors

S626 - Bill Details

Current Committee:
Senate Aging
Law Section:
Elder Law
Laws Affected:
Add Art 2 Title 4 §260, Eld L; amd §1680-j, Pub Auth L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S6203
2011-2012: A7787, S5174

S626 - Bill Texts

view summary

Establishes the capital infrastructure improvement and development for older New Yorkers grant program.

view sponsor memo
BILL NUMBER: S626

TITLE OF BILL : An act to amend the elder law and the public
authorities law, in relation to establishing the capital
infrastructure improvement and development for older New Yorkers grant
program

PURPOSE OR GENERAL IDEA OF BILL :

To create the Capital infrastructure improvement and development for
older New Yorkers (CIID NY) grant program which would administer
available funds to encourage improvements in the operation and
efficiency of the aging service provider network in New York State.

SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends article 2 of the elder law by adding a new title,
title 4.

Section 2 amends the opening paragraph of section 1680-j of the public
authorities law.

Section 3 sets the effective date.

JUSTIFICATION :

As the population of older New Yorkers continues to escalate, it is
crucial that the state provide support to services offered by
community-based aging network providers. Senior centers, Naturally
Occurring Retirement Communities (NORCs), respite service providers
and nutrition services providers, amongst others, offer critical
assistance in the effort to help older adults successfully age in
place in the living environments of their choice. In an effort to
enable seniors to remain as independent as possible for as long as
possible in their own homes and communities through the provision of
home and community-based services, this bill creates the Capital
infrastructure improvement and development for older New Yorkers (CIID
NY) grant program administered by the state office for the aging. The
primary goal of CIID NY is to improve the community-based continuum of
services that utilizes meals delivery, social adult day services, case
management, senior centers, transportation, and other non-medical
services to manage the needs of older New Yorkers.

PRIOR LEGISLATIVE HISTORY :

S.5174 of 2011-12
S.6203 of 2013-14

FISCAL IMPLICATIONS :

No additional cost to the state. This program relies on funding
already authorized under the public authorities law for the issuance
of bonds for the health care efficiency and affordability law for New
Yorkers (HEAL NY) capital grant program.

EFFECTIVE DATE :
Immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   626

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Aging

AN ACT to amend the  elder  law  and  the  public  authorities  law,  in
  relation  to  establishing  the capital infrastructure improvement and
  development for older New Yorkers grant program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 2 of the elder law is amended by adding a new title
4 to read as follows:
                                 TITLE 4
      CAPITAL INFRASTRUCTURE IMPROVEMENT AND DEVELOPMENT FOR OLDER
                        NEW YORKERS GRANT PROGRAM
SECTION 260. CAPITAL  INFRASTRUCTURE  IMPROVEMENT  AND  DEVELOPMENT  FOR
               OLDER NEW YORKERS (CIID NY) GRANT PROGRAM.
  S 260. CAPITAL INFRASTRUCTURE IMPROVEMENT AND  DEVELOPMENT  FOR  OLDER
NEW  YORKERS  (CIID  NY) GRANT PROGRAM. 1. (A) THE DIRECTOR OF THE STATE
OFFICE FOR THE AGING AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF  THE
STATE OF NEW YORK SHALL ENTER INTO AN AGREEMENT, SUBJECT TO THE APPROVAL
OF  THE  DIRECTOR  OF  THE  BUDGET, FOR THE PURPOSE OF ADMINISTERING THE
FUNDS AVAILABLE TO THE CAPITAL INFRASTRUCTURE IMPROVEMENT  AND  DEVELOP-
MENT  FOR  OLDER NEW YORKERS (CIID NY) GRANT PROGRAM AS AUTHORIZED UNDER
SECTION SIXTEEN HUNDRED EIGHTY-J OF THE PUBLIC  AUTHORITIES  LAW,  IN  A
MANNER  THAT WILL ENCOURAGE IMPROVEMENTS IN THE OPERATION AND EFFICIENCY
OF THE AGING SERVICE PROVIDER NETWORK WITHIN THE STATE.
  SUCH AGREEMENT SHALL INCLUDE CRITERIA, TO BE DEVELOPED BY THE DIRECTOR
AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK, TO
BE CONSIDERED IN THEIR EVALUATION OF APPLICATIONS AND  DETERMINATION  OF
AWARDS, INCLUDING, BUT NOT LIMITED TO:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01980-01-5

S. 626                              2

  (I)  A DETERMINATION OF ELIGIBLE APPLICANTS, PROVIDED THAT SUCH ELIGI-
BLE APPLICANTS SHALL INCLUDE ENTITIES REPRESENTATIVE OF ANY PART OF  THE
AGING SERVICE PROVIDER NETWORK;
  (II) A CONSIDERATION OF STATEWIDE GEOGRAPHIC DISTRIBUTION OF FUNDS;
  (III)  MINIMUM  AND MAXIMUM AMOUNTS OF FUNDING TO BE AWARDED UNDER THE
PROGRAM;
  (IV) THE RELATIONSHIP BETWEEN THE PROJECT PROPOSED BY AN APPLICANT AND
IDENTIFIED COMMUNITY NEED; AND
  (V) THE EXTENT TO  WHICH  THE  APPLICANT  HAS  ACCESS  TO  ALTERNATIVE
FINANCING.
  A  COPY  OF  SUCH  AGREEMENT,  AND  ANY  AMENDMENTS  THERETO, SHALL BE
PROVIDED TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE  DIRECTOR  OF
THE  DIVISION  OF  BUDGET  AND  THE CHAIR OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE NO LATER THAN THIRTY DAYS PRIOR TO THE SCHEDULED  APPROVAL  OF
THE  FIRST  BOND  ISSUANCE  FOR  THE  PROGRAM  BY THE PUBLIC AUTHORITIES
CONTROL BOARD. THE DORMITORY AUTHORITY OF THE STATE OF  NEW  YORK  SHALL
ALSO  REPORT  QUARTERLY  TO SUCH CHAIRPERSONS ON THE AWARDS MADE THROUGH
THE PROGRAM, INCLUDING THE NAME OF THE APPLICANT, A DESCRIPTION  OF  THE
PROJECT AND THE AMOUNT OF THE AWARD.
  (B)  THE  DIRECTOR  AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE
STATE OF NEW YORK SHALL AWARD GRANTS TO ELIGIBLE  APPLICANTS  AFTER  DUE
PUBLIC  NOTICE  OF THE AVAILABILITY OF FUNDS AND THROUGH A PROCESS WHICH
ENSURES TO THE MAXIMUM EXTENT PRACTICABLE AND WHERE APPROPRIATE,  COMPE-
TITION AMONG SUCH APPLICANTS.
  (C)  THE  DIRECTOR  AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE
STATE OF NEW YORK SHALL PUBLISH THE PRIORITIES AND GOALS THAT ARE TO  BE
ACHIEVED  THROUGH  GRANT FUNDING, AND REGULARLY PROVIDE PUBLIC NOTICE OF
THE AVAILABILITY OF FUNDING.
  (D) FOR EACH PROJECT THAT WILL BE RECOMMENDED FOR APPROVAL, THE DIREC-
TOR AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK
SHALL REPORT TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE  DIRECTOR
OF  THE  DIVISION OF BUDGET AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE HOW THE PROJECT  MEETS  THE  PRIORITIES,  GOALS  AND  CRITERIA
ESTABLISHED PURSUANT TO THIS SECTION.
  2.  CONTRACTS  AWARDED  TO ELIGIBLE APPLICANTS SHALL REQUIRE THAT WORK
PERFORMED THEREUNDER SHALL BE DEEMED "PUBLIC WORK" AND  SUBJECT  TO  AND
PERFORMED  IN  ACCORDANCE WITH ARTICLES EIGHT, NINE AND TEN OF THE LABOR
LAW AND THE CONTRACTORS PERFORMING SUCH WORK SHALL BE  DEEMED  A  "STATE
AGENCY"  FOR  THE  PURPOSE OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW AND
SUBJECT TO THE PROVISIONS OF SUCH ARTICLE.
  3. (A) NOTWITHSTANDING THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
SECTION,  THE  DIRECTOR  AND THE DIRECTOR OF THE DORMITORY AUTHORITY MAY
AWARD, IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE  PERCENT  OF  THE  CAPITAL
INFRASTRUCTURE  IMPROVEMENT  AND DEVELOPMENT FOR OLDER NEW YORKERS GRANT
PROGRAM ALLOCATION IN ANY GIVEN FISCAL YEAR, GRANTS TO  ELIGIBLE  APPLI-
CANTS  WITHOUT THE PROCESS SET FORTH IN SUBDIVISION ONE OF THIS SECTION.
WITH RESPECT TO THE PROCESS FOR THE AWARDING OF SUCH FUNDS  WITHOUT  THE
PROCESS  SET  FORTH IN SUBDIVISION ONE OF THIS SECTION, THE DIRECTOR AND
THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE STATE OF NEW  YORK  SHALL
DETERMINE  ELIGIBLE  AWARDEES BASED ON WHETHER THE DIRECTOR IS SATISFIED
THAT SUCH AWARDEE IS AN AGING NETWORK  SERVICE  PROVIDER  THAT  DELIVERS
SERVICES  SUPPORTED  BY  THE  STATE  OFFICE  FOR THE AGING AND LOCAL AAA
NETWORKS IN COMPLIANCE WITH ALL RULES AND REGULATIONS  TO  ASSIST  OLDER
NEW  YORKERS  TO LIVE INDEPENDENTLY. THESE FUNDS WILL ENSURE THE QUALITY
OF COMMUNITY BASED SERVICES PROVIDED THROUGH THE  AGING  NETWORK  REMAIN
ACCESSIBLE  TO  OLDER NEW YORKERS, INCLUDING BUT NOT LIMITED TO SERVICES

S. 626                              3

PROVIDED IN SENIOR  CENTERS,  RESPITE  SITES,  NORC  SUPPORTED  SERVICE,
SOCIAL  ADULT  DAY  PROGRAMS  SERVICES,  AND OTHERS AS DETERMINED BY THE
DIRECTOR.
  (B) NOTWITHSTANDING SUBDIVISIONS ONE AND TWO OF THIS SECTION, SECTIONS
ONE HUNDRED TWELVE AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW,
OR  ANY  OTHER INCONSISTENT PROVISION OF LAW, OF THE FUNDS AVAILABLE FOR
EXPENDITURE PURSUANT TO THIS SECTION,  THIRTY  MILLION  DOLLARS  MAY  BE
ALLOCATED  AND  DISTRIBUTED  BY  THE  DIRECTOR  WITHOUT A COMPETITIVE OR
REQUEST FOR PROPOSAL PROCESS FOR GRANTS TO AGING NETWORK  PROVIDERS  FOR
THE  PURPOSE OF FUNDING INFRASTRUCTURE DEVELOPMENT AND IMPROVEMENTS THAT
WILL ENSURE THE AGING SERVICE PROVIDER NETWORK'S CAPACITY TO CONTINUE TO
SERVE OLDER NEW YORKERS. CONSIDERATION RELIED UPON BY  THE  DIRECTOR  IN
DETERMINING  THE  ALLOCATION  AND  DISTRIBUTION  OF  THESE  FUNDS  SHALL
INCLUDE, BUT NOT BE LIMITED  TO,  THE  FOLLOWING:  (I)  THE  QUALITY  OF
SERVICE OFFERED BY THE PROVIDER; (II) THE ABILITY OF THE SERVICE PROVID-
ER  TO  ACCESS,  IN  A  TIMELY  MANNER,  ALTERNATIVE SOURCES OF FUNDING,
INCLUDING OTHER SOURCES OF GOVERNMENT FUNDING; AND (III)  WHETHER  ADDI-
TIONAL  FUNDING  WOULD  PERMIT  THE  SERVICE PROVIDER TO ACHIEVE GREATER
STABILITY AND EFFICIENCY IN  THE  DELIVERY  OF  NEEDED  COMMUNITY  BASED
SERVICES.
  (C) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
THE DIRECTOR AND THE DIRECTOR OF THE DORMITORY AUTHORITY OF THE STATE OF
NEW  YORK  MAY  AWARD,  IN  AN  AMOUNT NOT TO EXCEED TWENTY-FIVE MILLION
DOLLARS OF THE CAPITAL INFRASTRUCTURE IMPROVEMENT  AND  DEVELOPMENT  FOR
OLDER  NEW  YORKERS  GRANT  PROGRAM  ALLOCATED IN ANY GIVEN FISCAL YEAR,
GRANTS TO ELIGIBLE APPLICANTS WITHOUT THE PROCESS SET FORTH IN  SUBDIVI-
SION  ONE  OF THIS SECTION TO PROVIDE NECESSARY RESTRUCTURING SUPPORT TO
AGING SERVICE PROVIDERS TO SUPPORT INFRASTRUCTURE IMPROVEMENT, TECHNOLO-
GY UPGRADE, NUTRITION SERVICES TO MEET STATE SANITATION  CODES,  SERVICE
DEMAND,  AND  OAA  NUTRITION  STANDARDS,  BUILDING  REPAIRS  AND  DESIGN
IMPROVEMENTS AND RENOVATIONS, OR FOR ANY OTHER  CAPITAL  IMPROVEMENT  AS
APPROVED BY THE DIRECTOR.
  4.  (A) PRIOR TO AN AWARD BEING GRANTED TO AN ELIGIBLE APPLICANT WITH-
OUT A COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS, THE DIRECTOR  AND
THE  DIRECTOR  OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK SHALL
NOTIFY THE CHAIR OF THE SENATE  FINANCE  COMMITTEE,  THE  CHAIR  OF  THE
ASSEMBLY  WAYS  AND  MEANS COMMITTEE AND THE DIRECTOR OF THE DIVISION OF
BUDGET OF THE INTENT TO GRANT SUCH AN AWARD. SUCH NOTICE  SHALL  INCLUDE
INFORMATION  REGARDING  HOW THE ELIGIBLE APPLICANT MEETS CRITERIA ESTAB-
LISHED PURSUANT TO THIS SECTION.
  (B) WITH RESPECT TO THE PROCESS FOR THE AWARDING OF SUCH FUNDS WITHOUT
THE PROCESS SET FORTH IN SUBDIVISION ONE OF THIS SECTION,  THE  DIRECTOR
AND  DIRECTOR  OF THE DORMITORY AUTHORITY SHALL DETERMINE ELIGIBLE AWAR-
DEES BASED ON WHETHER, TO THE SATISFACTION OF THE  DIRECTOR:    (I)  THE
APPLICANT PROVIDES AN IMPORTANT SERVICE TO OLDER NEW YORKERS IN ALLOWING
THEM TO LIVE INDEPENDENTLY AND AGE IN PLACE; AND (II) THE APPLICANT IS A
PROVIDER  THAT IS IN JEOPARDY OF DISCONTINUATION OF SERVICES BASED ON AN
UNMET NEED FOR INFRASTRUCTURE IMPROVEMENTS, BUILDING REPAIRS, OR  DESIGN
IMPROVEMENTS AND RENOVATIONS.
  (C) PRIOR TO AN AWARD BEING GRANTED TO AN ELIGIBLE APPLICANT WITHOUT A
COMPETITIVE  BID  OR  REQUEST FOR PROPOSAL PROCESS, THE DIRECTOR AND THE
DIRECTOR OF THE DORMITORY AUTHORITY SHALL NOTIFY THE CHAIR OF THE SENATE
FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS  AND  MEANS  COMMITTEE
AND  THE  DIRECTOR  OF  THE BUDGET OF THE INTENT TO GRANT SUCH AN AWARD.
SUCH NOTICE SHALL INCLUDE INFORMATION REGARDING HOW THE ELIGIBLE  APPLI-
CANT MEETS CRITERIA ESTABLISHED PURSUANT TO THIS SECTION.

S. 626                              4

  5.  (A) NOTWITHSTANDING SUBDIVISION ONE, TWO OR THREE OF THIS SECTION,
THE DIRECTOR, WITH THE APPROVAL OF  THE  DIRECTOR  OF  THE  BUDGET,  MAY
EXPEND  FUNDS  FOR  THE  PURPOSE  OF  PROVIDING COST EFFECTIVE INCREASED
ACCESS TO THE CAPITAL MARKETS, INCLUDING BUT NOT LIMITED TO THROUGH  THE
USE  OF  MORTGAGE INSURANCE, CREDIT ENHANCEMENT, LETTERS OF CREDIT, BOND
INSURANCE OR OTHER ARRANGEMENTS, FOR CAPITAL PROJECTS  THAT  ARE  DETER-
MINED TO MEET THE OBJECTIVES OF THIS SECTION.
  (B)  THE DIRECTOR MAY TRANSFER FUNDS TO OTHER STATE AGENCIES OR PUBLIC
AUTHORITIES, WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, TO  EFFEC-
TUATE THE PURPOSES OF THIS SUBDIVISION.
  S 2. The opening paragraph of section 1680-j of the public authorities
law,  as  amended  by  section 54 of part B of chapter 58 of the laws of
2005, is amended to read as follows:
  Notwithstanding any other provision of law to the contrary, the dormi-
tory authority of the state of New York is hereby  authorized  to  issue
bonds  or  notes  in one or more series in an aggregate principal amount
not to exceed seven hundred fifty million dollars excluding bonds issued
to fund one or more debt service reserve funds, to pay costs of issuance
of such bonds, and bonds or notes issued to refund  or  otherwise  repay
such  bonds  or  notes  previously issued, for the purposes of financing
project costs authorized under section twenty-eight hundred eighteen  of
the  public  health  law AND SECTION TWO HUNDRED SIXTY OF THE ELDER LAW.
Of such seven hundred fifty million dollars, ten million  dollars  shall
be made available to the community health centers capital program estab-
lished  pursuant to section twenty-eight hundred seventeen of the public
health law.
  S 3. This act shall take effect immediately.

senate Bill S627

2015-2016 Legislative Session

Regulates the sale of methamphetamine precursor drugs

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 02, 2016 referred to consumer affairs and protection
delivered to assembly
passed senate
Feb 24, 2016 ordered to third reading cal.214
committee discharged and committed to rules
Jan 06, 2016 referred to consumer protection
returned to senate
died in assembly
Jun 10, 2015 referred to consumer affairs and protection
delivered to assembly
passed senate
Jun 02, 2015 advanced to third reading
Jun 01, 2015 2nd report cal.
May 28, 2015 1st report cal.1030
Jan 07, 2015 referred to consumer protection

Co-Sponsors

S627 - Bill Details

See Assembly Version of this Bill:
A468
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §391-oo, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A1359C, S4652, S4652B
2011-2012: A8384C

S627 - Bill Texts

view summary

Regulates the sale of methamphetamine precursor drugs.

view sponsor memo
BILL NUMBER: S627

TITLE OF BILL : An act to amend the general business law, in
relation to the sale of over-the-counter methamphetamine precursor
drugs

PURPOSE OR GENERAL IDEA OF BILL :

To implement an electronic tracking system on the sale of products
containing pseudoephedrine, or ephedrine. This system will communicate
in real time, across state lines and produce a stop sale notification
to the seller of the product.

SUMMARY OF SPECIFIC PROVISIONS :

Creates a new section in the general business law, Section 391-oo,
including but not limited to, the following provisions:

-limits the over the counter sale to packages containing not more than
3.6 grams of one or more methamphetamine precursor drugs, not to
exceed 9 grams within a 30 day period;

-requires presentation of valid, government issued, photo
identification;

-requires the buyer to sign a written or electronic logbook to be
retained by the seller, which the seller shall maintain for at least
three years and be open to inspection by law enforcement;

-requires a retailer, before completing a sale, to electronically
submit the required information to the real-time, stop-sale system
administered by the division of state police;

-retailers are only required to participate as long as the system is
provided free of charge;

-imposes civil penalties on those who sell methamphetamine precursor
drugs in violation of this law;

-provides immunity for retailers that violate this section without
negligence, wantonness, recklessness, or deliberate misconduct;

-the real-time, stop-sale system is capable of generating a stop sale
alert, which is a notification that completion of the sale would
result in the retailer or purchaser violating the quantity limits set
forth in this section. The retailer shall not complete the sale if the
system generates a stop sale alert, unless threatened by imminent
bodily harm.

JUSTIFICATION :

In 2005, the federal government enacted the Combat Methamphetamine
Epidemic Act of 2005 (CMEA), which regulates retail over-the-counter
sales of ephedrine, pseudoephedrine, and phenylpropanolamine products
because of their use in the manufacture of illegal drugs, specifically
methamphetamine. They are also common ingredients used to make cough,
cold, and allergy products. Retail provisions of the CMEA include
daily sales limits and 30-day purchase limits. Placement of product
out of direct customer access, sales logbooks, customer ID
verification, employee training, and self-certification of regulated
sellers. Such legislation is necessary because it is common for
persons manufacturing methamphetamine to recruit other people to
purchase these precursors. While the CMEA has been helpful to law
enforcement when investigating persons suspected of manufacturing
methamphetamine, because no such provisions exist in state law, local

law enforcement and district attorney's offices cannot pursue
violations of purchase limits.

States have led the effort to address the rapid growth of clandestine
methamphetamine labs and methamphetamine abuse, by passing laws
similar to the CMEA regulating the sale of drugs containing
methamphetamine precursors. In fact, nearly all states have passed
laws regulating the sale of precursors to methamphetamine. New York's
laws regarding meth-amphetamine are found in the penal code, but such
provisions are limited to possession of precursors and manufacturing
materials and actual meth-amphetamine production. As almost every
other state has done, this bill codifies many of the same standards
found in the CMEA, in an effort to thwart the "spider-web" process
that occurs when methamphetamine manufacturers send multiple people
out to purchase precursors on their behalf. Furthermore, participation
in an electronic tracking system has already been implemented by 26
states. The U.S. Department of Justice claims that states that have
enacted similar or more restrictive retail regulations have seen a
dramatic drop in small clandestine labs.

PRIOR LEGISLATIVE HISTORY :

S.6866-B of 2012
S.4652-B of 2013-14

FISCAL IMPLICATIONS :

None. The real-time, stop-sale system shall be free of charge to the
retailer. This system is fully funded by the Consumer Healthcare
Products Association (CEPA), which is a member-based organization of
manufacturers and distributors of non-prescription, over-the-counter
medicines and supplements.

EFFECTIVE :

This act shall take effect on the one hundred eightieth day 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 is authorized to be
made on or before such date.


























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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   627

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation  to  the  sale  of
  over-the-counter methamphetamine precursor drugs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-oo to read as follows:
  S 391-OO. SALE OF METHAMPHETAMINE PRECURSOR DRUGS. 1. FOR THE PURPOSES
OF THIS SECTION:
  (A) "METHAMPHETAMINE PRECURSOR DRUG" SHALL MEAN ANY COMPOUND, MIXTURE,
OR PREPARATION CONTAINING  EPHEDRINE  OR  PSEUDOEPHEDRINE  AS  ITS  SOLE
ACTIVE INGREDIENT OR AS ONE OF ITS ACTIVE INGREDIENTS; AND
  (B) "REAL-TIME STOP SALE SYSTEM" MEANS A SYSTEM INTENDED TO BE USED BY
LAW ENFORCEMENT AGENCIES AND PHARMACIES OR OTHER BUSINESS ESTABLISHMENTS
THAT:
  (A)  IS  INSTALLED,  OPERATED,  AND MAINTAINED FREE OF ANY ONE-TIME OR
RECURRING CHARGE TO THE BUSINESS ESTABLISHMENT OR TO THE STATE;
  (B) IS ABLE TO COMMUNICATE IN REAL TIME WITH SIMILAR SYSTEMS  OPERATED
IN  OTHER STATES AND SIMILAR SYSTEMS CONTAINING INFORMATION SUBMITTED BY
MORE THAN ONE STATE;
  (C) COMPLIES WITH THE SECURITY POLICY OF THE CRIMINAL JUSTICE INFORMA-
TION SERVICES DIVISION OF THE FEDERAL BUREAU OF INVESTIGATION;
  (D) COMPLIES  WITH  INFORMATION  EXCHANGE  STANDARDS  ADOPTED  BY  THE
NATIONAL INFORMATION EXCHANGE MODEL;
  (E)  USES A MECHANISM TO PREVENT THE COMPLETION OF A SALE OF A PRODUCT
CONTAINING EPHEDRINE, PSEUDOEPHEDRINE, OR NON-PSEUDOEPHEDRINE THAT WOULD
VIOLATE STATE OR  FEDERAL  LAW  REGARDING  THE  PURCHASE  OF  A  PRODUCT
CONTAINING THOSE SUBSTANCES; AND
  (F) IS EQUIPPED WITH AN OVERRIDE OF THE MECHANISM THAT:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01970-01-5

S. 627                              2

  (I) MAY BE ACTIVATED BY AN EMPLOYEE OF A BUSINESS ESTABLISHMENT; AND
  (II) CREATES A RECORD OF EACH ACTIVATION OF THE OVERRIDE.
  2.  NO  PERSON,  FIRM,  CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY SHALL SELL TO THE SAME PERSON, AND  A
PERSON  SHALL  NOT PURCHASE, PRODUCTS CONTAINING MORE THAN THREE AND SIX
TENTHS GRAMS PER DAY OR MORE THAN NINE GRAMS PER THIRTY  DAY  PERIOD  OF
EPHEDRINE  OR  PSEUDOEPHEDRINE  BASE, OR THEIR ISOMERS. THE LIMITS SHALL
APPLY TO THE TOTAL AMOUNT OF EPHEDRINE AND PSEUDOEPHEDRINE CONTAINED  IN
THE PRODUCTS, AND NOT THE OVERALL WEIGHT OF THE PRODUCTS.
  3.  ANY  PERSON,  FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY THAT OFFERS FOR SALE  METHAMPHETAMINE
PRECURSOR  DRUGS IN AN OVER-THE-COUNTER SALE SHALL ENSURE THAT ALL PACK-
AGES OF THE DRUGS ARE DISPLAYED BEHIND A CHECKOUT COUNTER OR IN A LOCKED
CASE WHERE THE PUBLIC IS NOT PERMITTED. SUCH PERSON, FIRM,  CORPORATION,
PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY  COMPANY, OR OTHER ENTITY
SHALL:
  (A) REQUIRE ANY  PERSON  PURCHASING  A  NONPRESCRIPTION  PRODUCT  THAT
CONTAINS PSEUDOEPHEDRINE OR EPHEDRINE TO PRESENT VALID GOVERNMENT ISSUED
PHOTO IDENTIFICATION AT THE POINT OF SALE.
  (B) RECORD THE NAME AND ADDRESS OF THE PURCHASER; NAME AND QUANTITY OF
PRODUCT PURCHASED; DATE AND TIME PURCHASED; AND PURCHASER IDENTIFICATION
TYPE  AND  NUMBER,  SUCH AS DRIVER LICENSE STATE AND NUMBER, AND REQUIRE
THE PURCHASER'S SIGNATURE IN A ELECTRONIC OR PAPER LOGBOOK.
  4. A PERSON,  FIRM,  CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
LIABILITY COMPANY, OR OTHER ENTITY SHALL, BEFORE COMPLETING A SALE UNDER
THIS  SECTION,  ELECTRONICALLY  SUBMIT  THE  REQUIRED INFORMATION TO THE
REAL-TIME STOP SALE SYSTEM ADMINISTERED BY THE DIVISION OF STATE POLICE;
PROVIDED THAT THE SYSTEM IS AVAILABLE WITHOUT A CHARGE TO RETAILERS  FOR
ACCESS.  ABSENT  NEGLIGENCE,  WANTONNESS,  RECKLESSNESS,  OR  DELIBERATE
MISCONDUCT, ANY RETAILER UTILIZING THE ELECTRONIC SALES TRACKING  SYSTEM
IN  ACCORDANCE  WITH  THIS  SUBDIVISION SHALL NOT BE CIVILLY LIABLE AS A
RESULT OF ANY ACT OR OMISSION IN CARRYING OUT  THE  DUTIES  REQUIRED  BY
THIS  SECTION  AND  SHALL  BE  IMMUNE  FROM LIABILITY TO ANY THIRD PARTY
UNLESS THE RETAILER HAS  VIOLATED  ANY  PROVISION  OF  THIS  SECTION  IN
RELATION TO A CLAIM BROUGHT FOR SUCH VIOLATION.
  (A)  IF A PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY  SELLING  A  NONPRESCRIPTION  PRODUCT
CONTAINING  PSEUDOEPHEDRINE OR EPHEDRINE EXPERIENCES MECHANICAL OR ELEC-
TRONIC FAILURE OF THE ELECTRONIC SALES TRACKING SYSTEM OR  IS  OTHERWISE
UNABLE  TO  COMPLY  WITH  THE ELECTRONIC SALES TRACKING REQUIREMENT, THE
RETAILER SHALL MAINTAIN A  WRITTEN  LOG  OR  AN  ALTERNATIVE  ELECTRONIC
RECORDKEEPING  MECHANISM  UNTIL  SUCH  TIME  AS  THE RETAILER IS ABLE TO
COMPLY WITH THE ELECTRONIC SALES TRACKING REQUIREMENT.
  (B) THE REAL-TIME STOP SALE SYSTEM  SHALL  FORWARD  STATE  TRANSACTION
RECORDS IN THE REAL-TIME STOP SALE SYSTEM TO THE APPROPRIATE STATE AGEN-
CY  WEEKLY,  AND  PROVIDE  REAL-TIME  ACCESS  TO THE REAL-TIME STOP SALE
SYSTEM INFORMATION THROUGH THE SYSTEM'S ONLINE PORTAL TO LAW ENFORCEMENT
IN THE STATE AS AUTHORIZED BY THE AGENCY.
  (C) THIS SYSTEM SHALL BE CAPABLE OF  GENERATING  A  STOP  SALE  ALERT,
WHICH  SHALL  BE A NOTIFICATION THAT COMPLETION OF THE SALE WOULD RESULT
IN THE SELLER OR PURCHASER VIOLATING THE QUANTITY LIMITS  SET  FORTH  IN
THIS  SECTION.    THE  SELLER  SHALL NOT COMPLETE THE SALE IF THE SYSTEM
GENERATES A STOP SALE ALERT.  THE SYSTEM SHALL CONTAIN AN OVERRIDE FUNC-
TION THAT MAY BE USED BY A DISPENSER OF EPHEDRINE OR PSEUDOEPHEDRINE WHO
HAS A REASONABLE FEAR OF IMMINENT BODILY HARM IF THEY DO NOT COMPLETE  A

S. 627                              3

SALE.  EACH INSTANCE IN WHICH THE OVERRIDE FUNCTION IS UTILIZED SHALL BE
LOGGED BY THE SYSTEM.
  5. A VIOLATION OF ANY PROVISION OF THIS SECTION IS A CLASS A MISDEMEA-
NOR, PUNISHABLE BY FINE ONLY.
  (A)  THIS  SECTION  DOES NOT APPLY TO A PERSON WHO OBTAINS THE PRODUCT
PURSUANT TO A VALID PRESCRIPTION.
  (B)  NOTHING  IN  THIS  SECTION  REQUIRES  THE  BUYER  TO   OBTAIN   A
PRESCRIPTION FOR THE PURCHASE OF ANY METHAMPHETAMINE PRECURSOR DRUG.
  6.  ANY  PERSON,  FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY, OR OTHER ENTITY WHO  KNOWINGLY  VIOLATES  SUBDIVISION
TWO,  THREE,  FOUR  OR  FIVE  OF  THIS SECTION SHALL, FOR THE FIRST SUCH
VIOLATION, BE SUBJECT TO A CIVIL PENALTY OF NOT LESS  THAN  TWO  HUNDRED
FIFTY DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS PER VIOLATION, RECOVER-
ABLE IN AN ACTION BY ANY ENFORCEMENT AUTHORITY DESIGNATED BY ANY MUNICI-
PALITY OR POLITICAL SUBDIVISION.
  7.  AN  OWNER, OPERATOR, SUPERVISOR, OR MANAGER OF ANY BUSINESS ENTITY
THAT OFFERS FOR SALE METHAMPHETAMINE PRECURSOR DRUGS WHOSE  EMPLOYEE  OR
AGENT  IS CONVICTED OF OR CHARGED WITH VIOLATING SUBDIVISION TWO, THREE,
FOUR OR FIVE OF THIS SECTION IS NOT SUBJECT TO THE  CIVIL  PENALTIES  OR
CRIMINAL PENALTIES FOR VIOLATING ANY OF SUCH SUBDIVISIONS IF THE PERSON:
  (A)  DID  NOT  HAVE  PRIOR KNOWLEDGE OF, PARTICIPATE IN, OR DIRECT THE
EMPLOYEE OR AGENT TO COMMIT THE VIOLATION; AND
  (B) DOCUMENTS THAT AN  EMPLOYEE  TRAINING  PROGRAM  WAS  IN  PLACE  TO
PROVIDE  THE EMPLOYEE OR AGENT WITH INFORMATION ON THE STATE AND FEDERAL
LAWS AND REGULATIONS REGARDING METHAMPHETAMINE PRECURSOR DRUGS.
  8. THIS SECTION DOES NOT APPLY TO:
  (A) METHAMPHETAMINE PRECURSOR DRUGS CERTIFIED BY THE  STATE  BOARD  OF
PHARMACY  AS  BEING MANUFACTURED IN A MANNER THAT PREVENTS THE DRUG FROM
BEING USED TO MANUFACTURE METHAMPHETAMINE; OR
  (B) METHAMPHETAMINE PRECURSOR  DRUGS  OBTAINED  PURSUANT  TO  A  VALID
PRESCRIPTION.
  9.  THE  STATE BOARD OF PHARMACY, IN CONSULTATION WITH THE DIVISION OF
STATE POLICE, SHALL CERTIFY METHAMPHETAMINE PRECURSOR  DRUGS  THAT  MEET
THE  REQUIREMENTS  OF PARAGRAPH (A) OF SUBDIVISION EIGHT OF THIS SECTION
AND PUBLISH AN ANNUAL LISTING OF SUCH DRUGS.
  10. THIS SECTION PREEMPTS ALL LOCAL ORDINANCES OR REGULATIONS  GOVERN-
ING  THE  SALE BY A BUSINESS ESTABLISHMENT OF PRODUCTS CONTAINING EPHED-
RINE OR PSEUDOEPHEDRINE. ALL ORDINANCES ENACTED PRIOR TO  THE  EFFECTIVE
DATE OF THIS SECTION ARE VOID.
  S 2. 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  imple-
mentation  of this act on its effective date is authorized to be made on
or before such date.

senate Bill S628

2015-2016 Legislative Session

Relates to granting SUNY community college campus peace officers access to criminal history record information pursuant to 9 NYCRR 6051.1

download bill text pdf

Sponsored By

Current Bill Status - STRICKEN


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 27, 2015 recommit, enacting clause stricken
Jan 07, 2015 referred to higher education

Co-Sponsors

S628 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §6434, Ed L
Versions Introduced in 2013-2014 Legislative Session:
S4782

S628 - Bill Texts

view summary

Grants SUNY community college campus peace officers access to criminal history record information pursuant to 9 NYCRR 6051.1.

view sponsor memo
BILL NUMBER: S628

TITLE OF BILL : An act to amend the education law, in relation to
granting SUNY community college campus peace officers access to
criminal history record information pursuant to 9 NYCRR 6051.1

PURPOSE :

For the purpose of facilitating investigations SUNY community college
campus peace officers shall be deemed authorized users, able to access
criminal history record information, pursuant to 9 NYCRR 6051.1

SUMMARY OF PROVISIONS :

This bill allows SUNY community college peace officers to access
criminal history record information, for the purpose of facilitating
investigations.

JUSTIFICATION :

This legislation will allow SUNY community college peace officers the
ability to access criminal history record information for the purpose
of facilitating investigations. Each community college will be
required to document each officer's activity and the reasonable cause
for needing such access. Additionally, this legislation requires that
each community college establish an internal review process to ensure
there is reasonable cause for each inquiry.

LEGISLATIVE HISTORY :

S.4782 of 2014

FISCAL IMPLICATIONS :

None

EFFECTIVE DATE :
This act shall take effect immediately.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   628

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to granting SUNY communi-
  ty college campus peace officers access  to  criminal  history  record
  information pursuant to 9 NYCRR 6051.1

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 6434 of the education law is amended  by  adding  a
new subdivision 1-a to read as follows:
  1-A.  FOR  THE  PURPOSE  OF FACILITATING INVESTIGATIONS SUNY COMMUNITY
COLLEGE CAMPUS PEACE OFFICERS SHALL BE DEEMED AUTHORIZED USERS, ABLE  TO
ACCESS  CRIMINAL  HISTORY RECORD INFORMATION, PURSUANT TO 9 NYCRR 6051.1
SUBJECT TO THE FOLLOWING DUTIES:
  A. EACH COMMUNITY COLLEGE SHALL BE REQUIRED TO DOCUMENT EACH OFFICER'S
ACTIVITY WITH REGARD TO ACCESSING SUCH  INFORMATION  AND  THE  OFFICER'S
REASONABLE CAUSE FOR NEEDING SUCH ACCESS.
  B. THE COMMUNITY COLLEGE SHALL ESTABLISH AN INTERNAL REVIEW PROCESS TO
ENSURE EVERY INQUIRY IS JUSTIFIED AND IS SUPPORTED BY SUFFICIENT REASON-
ABLE CAUSE.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01971-01-5

senate Bill S629

2015-2016 Legislative Session

Relates to the provisional credentialing of physicians

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 07, 2016 referred to insurance
delivered to assembly
passed senate
Jun 01, 2016 ordered to third reading cal.1205
committee discharged and committed to rules
Jan 06, 2016 referred to insurance
Jan 07, 2015 referred to insurance

Co-Sponsors

S629 - Bill Details

See Assembly Version of this Bill:
A6168
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §4803, Ins L; amd §4406-d, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S5155, A7569
2015-2016: S629

S629 - Bill Texts

view summary

Relates to the provisional credentialing of physicians.

view sponsor memo
BILL NUMBER: S629

TITLE OF BILL : An act to amend the insurance law and the public
health law, in relation to provider credentialing

PURPOSE :

The purpose of this bill is to permit newly licensed providers,
providers moving to New York State, or a physician who has changed
their corporate relationship such that it results in the issuance of a
new tax identification number under which their services are billed
for, who are employed by licensed Article 28 facilities and have
applied to be credentialed as part of a health plan's provider network
to be considered provisionally credentialed from the date the health
plan receives the hospital and physicians completed sections of the
plan's credentialing application and the plan is notified in writing
that the physician has been granted hospital privileges.

SUMMARY OF PROVISIONS :

Section 1 of the bill amends subsection (a) of Section 4803 of the
insurance law by adding a new paragraph (3) that provides that newly
licensed physicians, physicians that have recently relocated to the
state or a physician who has changed their corporate relationship such
that it results in the issuance of a new tax identification number
under which their services are billed for, who are employed by a
licensed Article 28 facility whose other employed health care
professionals participate in the in-network portion of a health plan's
network shall be considered provisionally credentialed from the date
the health insurer receives the hospital and physician's completed
sections of the insurer's credentialing application and the insurer is
notified in writing that the physician has been granted hospital
privileges.

Section 2 amends Subsection 1 of Section 446-d of the public health
law by adding a new paragraph (c) that provides that newly licensed
physicians, physicians that have recently relocated to the state or a
physician who has changed their corporate relationship such that it
results in the issuance of a new tax identification number under which
their services are billed for, who are employed by a licensed Article
28 facility whose other employed health care professionals participate
in the in-network portion of a health plan's network shall be
considered provisionally credentialed from the date the health plan
receives the hospital and physician's completed sections of the plan's
credentialing application and the plan is notified in writing that the
physician has been granted hospital privileges.

Section 3 is the effective date.

EXISTING LAW :

The latest of the managed care reform laws (Chapter 237 of the Laws of
2009) provided that newly licensed health care professionals or health
care professionals that recently relocated to New York State who
joined a group practice of health care professionals and have applied
to be credentialed as part of the in-network of a health plan's
network are considered provisionally credentialed if their application
is not approved or denied with 90 days from the date of application.

JUSTIFICATION :

The model of care delivery is gradually shifting from a physician
private practice model to a model of hospital or health system
employed physicians. In fact, a leading physician recruiting firms
(Merritt Hawkins) has predicted that by 2015, over 75% of newly hired
physicians will be hospital employees. In order to recruit and retain
physicians, upstate hospitals in a market of increasing physician
shortage have been forced to be at the forefront of this shifting
model of care. However, faced with increasingly constrained revenue
from Medicare and Medicaid cuts and commercial health plans,
hospitals, who most often lose money on physicians services component
of care even with full payment, cannot carry afford to carry a
physician on salary for 90 days without reimbursement for their
services nor based on the physician shortage can they afford to be
without the services of these physicians.

Hospitals as licensed and regulated Article 28 facilities are
statutorily required to credential any provider before extending
admitting privileges or allowing the professional to provide care
within the facility. According to both hospitals and health plan
administrators it is almost unheard of for a hospital itself to employ
any physician who would be unsuitable for health plan credentialing.

All too often credentialing decisions and notification are delayed by
simple administrative processes such has the delayed paperwork or the
next scheduled meeting of the health plan's credentialing committee,
The legislation would allow the hospitals to maximize the use of
scarce health manpower and to be reimbursed for the services their
employed physicians provide. The bill also provide for strict
financial controls whereby the payments for all services provided to
the health plans' enrollees are held and only after the health plan
fully credentials the provider, are the payments for services rendered
transmitted. Should a health plan, in rare cases, and for valid
reasons elect not to credential a hospital employed physician then the
payments to the hospital by the health plan are limited to the out of
network payment, should the enrollee have coverage for out-of-network
care.

LEGISLATIVE HISTORY :

S.5155 of 2014

FISCAL IMPLICATIONS :

None

LOCAL FISCAL IMPLICATIONS :

None

EFFECTIVE DATE :
This bill is effective ninety days after which it shall have become
law, and applies to applications submitted after that date, and shall
not apply submitted prior to such date if such application is
resubmitted in substantially similar form on or after the date on
which this act shall have become law.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   629

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Insurance

AN ACT to amend the insurance law and the public health law, in relation
  to provider credentialing

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subsection  (a)  of  section 4803 of the insurance law is
amended by adding a new paragraph 3 to read as follows:
  (3) A NEWLY-LICENSED PHYSICIAN, A PHYSICIAN WHO HAS RECENTLY RELOCATED
TO THIS STATE FROM ANOTHER STATE AND HAS  NOT  PREVIOUSLY  PRACTICED  IN
THIS  STATE,  OR  A  PHYSICIAN  WHO  HAS  CHANGED  HIS  OR HER CORPORATE
RELATIONSHIP SUCH THAT IT RESULTS IN THE ISSUANCE OF A NEW TAX IDENTIFI-
CATION NUMBER UNDER WHICH SUCH PHYSICIAN'S SERVICES ARE BILLED FOR,  WHO
IS   EMPLOYED  BY  A  GENERAL  HOSPITAL  LICENSED  PURSUANT  TO  ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, AND WHOSE OTHER  EMPLOYED  PHYSI-
CIANS  PARTICIPATE  IN THE IN-NETWORK   PORTION OF AN INSURER'S NETWORK,
SHALL BE DEEMED "PROVISIONALLY CREDENTIALED"  AND MAY PARTICIPATE IN THE
IN-NETWORK PORTION OF AN INSURER'S NETWORK  UPON  :  (I)  THE  INSURER'S
RECEIPT OF THE HOSPITAL AND PHYSICIAN'S COMPLETED SECTIONS OF THE INSUR-
ER'S  CREDENTIALING  APPLICATION; AND (II) THE INSURER BEING NOTIFIED IN
WRITING THAT THE HEALTH CARE  PROFESSIONAL  HAS  BEEN  GRANTED  HOSPITAL
PRIVILEGES  PURSUANT  TO  THEIR  REQUIREMENTS  OF  SECTION  TWENTY-EIGHT
HUNDRED FIVE-K OF  THE  PUBLIC  HEALTH  LAW.  HOWEVER,  A  PROVISIONALLY
CREDENTIALED  PHYSICIAN  SHALL NOT BE DESIGNATED AS AN INSURED'S PRIMARY
CARE PHYSICIAN UNTIL SUCH TIME AS THE PHYSICIAN HAS BEEN  FULLY  CREDEN-
TIALED  BY  THE  INSURER.  AN  INSURER SHALL NOT BE REQUIRED TO MAKE ANY
PAYMENTS TO THE LICENSED GENERAL HOSPITAL FOR  SERVICES  PROVIDED  BY  A
PROVISIONALLY  CREDENTIALED PHYSICIAN, UNTIL AND UNLESS THE PHYSICIAN IS
FULLY CREDENTIALED BY THE INSURER, PROVIDED, HOWEVER,  THAT  UPON  BEING
FULLY  CREDENTIALED, THE LICENSED GENERAL HOSPITAL SHALL BE PAID FOR ALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01972-01-5

S. 629                              2

SERVICES THAT THE  CREDENTIALED  PHYSICIAN  PROVIDED  TO  THE  INSURER'S
INSUREDS  FROM  THE  DATE THE PHYSICIAN FULLY MET THE REQUIREMENTS TO BE
PROVISIONALLY CREDENTIALED PURSUANT TO THIS PARAGRAPH. SHOULD THE APPLI-
CATION  ULTIMATELY  BE  DENIED  BY THE INSURER, THE INSURER SHALL NOT BE
LIABLE FOR ANY PAYMENT TO THE LICENSED GENERAL HOSPITAL FOR THE SERVICES
PROVIDED BY THE PROVISIONALLY CREDENTIALED HEALTH CARE PROFESSIONAL THAT
EXCEED ANY OUT-OF-NETWORK BENEFITS PAYABLE UNDER THE INSURED'S  CONTRACT
WITH  THE  INSURER;  AND  THE LICENSED GENERAL HOSPITAL SHALL NOT PURSUE
REIMBURSEMENT FORM THE INSURED, EXCEPT TO COLLECT THE COPAYMENT OR COIN-
SURANCE THAT OTHERWISE WOULD HAVE BEEN PAYABLE HAD THE INSURED  RECEIVED
SERVICES FROM A HEALTH CARE PROFESSIONAL PARTICIPATING IN THE IN-NETWORK
PORTION OF AN INSURER'S NETWORK.
  S  2.  Subdivision  1  of  section  4406-d of the public health law is
amended by adding a new paragraph (c) to read as follows:
  (C) A NEWLY-LICENSED PHYSICIAN, A PHYSICIAN WHO HAS RECENTLY RELOCATED
TO THIS STATE FROM ANOTHER STATE AND HAS  NOT  PREVIOUSLY  PRACTICED  IN
THIS  STATE,  OR  A  PHYSICIAN  WHO  HAS  CHANGED  HIS  OR HER CORPORATE
RELATIONSHIP SUCH THAT IT RESULTS IN THE ISSUANCE OF A NEW TAX IDENTIFI-
CATION NUMBER UNDER WHICH SUCH PHYSICIAN'S SERVICES ARE BILLED FOR,  WHO
IS   EMPLOYED  BY  A  GENERAL  HOSPITAL  LICENSED  PURSUANT  TO  ARTICLE
TWENTY-EIGHT OF  THIS  CHAPTER,  AND  WHOSE  OTHER  EMPLOYED  PHYSICIANS
PARTICIPATE  IN  THE IN-NETWORK PORTION OF A HEALTH CARE PLAN'S NETWORK,
SHALL BE DEEMED "PROVISIONALLY CREDENTIALLED" AND MAY PARTICIPATE IN THE
IN-NETWORK PORTION OF A HEALTH CARE PLAN'S NETWORK UPON: (I) THE  PLAN'S
RECEIPT  OF THE HOSPITAL AND PHYSICIAN'S COMPLETED SECTION OF THE PLAN'S
CREDENTIALING APPLICATION; AND (II) THE HEALTH CARE PLAN BEING  NOTIFIED
IN  WRITING  THAT THE HEALTH CARE PROFESSIONAL HAS BEEN GRANTED HOSPITAL
PRIVILEGE PURSUANT TO THE REQUIREMENTS OF SECTION  TWENTY-EIGHT  HUNDRED
FIVE-K  OF THIS CHAPTER. HOWEVER, A PROVISIONALLY CREDENTIALED PHYSICIAN
SHALL NOT BE DESIGNATED AS AN ENROLLEE'S PRIMARY  CARE  PHYSICIAN  UNTIL
SUCH  TIME  AS  THE  PHYSICIAN HAS BEEN FULLY CREDENTIALED BY THE HEALTH
CARE PLAN. A HEALTH CARE PLAN SHALL NOT BE REQUIRED TO MAKE ANY PAYMENTS
TO THE LICENSED GENERAL HOSPITAL  FOR  SERVICED  PROVIDED  BY  A  PROVI-
SIONALLY CREDENTIALED PHYSICIAN, UNTIL AND UNLESS THE PHYSICIAN IS FULLY
CREDENTIALED  BY  THE HEALTH CARE PLAN, PROVIDED HOWEVER THAT UPON BEING
FULLY CREDENTIALED, THE LICENSED GENERAL HOSPITAL SHALL BE PAID FOR  ALL
SERVICES  THAT  THE CREDENTIALED PHYSICIAN PROVIDED TO THE HEALTH PLAN'S
ENROLLEES FROM THE DATE THE PHYSICIAN FULLY MET THE REQUIREMENTS  TO  BE
PROVISIONALLY CREDENTIALED PURSUANT TO THIS PARAGRAPH. SHOULD THE APPLI-
CATION  ULTIMATELY  BE  DENIED  BY THE HEALTH CARE PLAN, THE HEALTH CARE
PLAN SHALL NOT BE LIABLE FOR ANY PAYMENT TO THE LICENSED GENERAL  HOSPI-
TAL  FOR  THE SERVICES PROVIDED BY THE PROVISIONALLY CREDENTIALED HEALTH
CARE PROFESSIONAL THAT EXCEED ANY OUT-OF-NETWORK BENEFITS PAYABLE  UNDER
THE  ENROLLEE'S  CONTRACT  WITH  THE  HEALTH  CARE PLAN AND THE LICENSED
GENERAL HOSPITAL SHALL  NOT  PURSUE  REIMBURSEMENT  FORM  THE  ENROLLEE,
EXCEPT TO COLLECT THE COPAYMENT OR COINSURANCE THAT OTHERWISE WOULD HAVE
BEEN  PAYABLE  HAD  THE  ENROLLEE  RECEIVED  SERVICES FROM A HEALTH CARE
PROFESSIONAL PARTICIPATING IN THE IN-NETWORK  PORTION  OF  AN  INSURER'S
NETWORK.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law, and shall apply to applications submitted on or after
such date and shall not apply to applications submitted  prior  to  such
date if such application is resubmitted in substantially similar form on
or after the effective date of this act.

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