S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6007
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 9, 2015
                                      ___________
       Introduced  by  COMMITTEE  ON  RULES  --  read  once and referred to the
         Committee on Ways and Means
       AN ACT to amend section 4 of part X2 of chapter 62 of the laws of  2003,
         amending  the  public  health  law relating to allowing for the use of
         funds of the office of professional medical conduct for activities  of
         the patient health information and quality improvement act of 2000, in
         relation  to extending the provisions thereof; and to amend the social
         services law, in relation to enhancing the  quality  of  adult  living
         program  for  adult  care  facilities  (Part  A);  to amend the social
         services law, in relation to statewide supplemental rebates; to  amend
         part  H  of chapter 59 of the laws of 2011, amending the public health
         law and other laws relating  to  known  and  projected  department  of
         health  state  fund medical expenditures, in relation to extending the
         provisions thereof; to amend the public health law, in relation to the
         clinical drug review program; to  amend  the  public  health  law,  in
         relation  to the prescriber prevails provision; to amend parts A and B
         of chapter 1 of the laws of 2002, relating to the health  care  reform
         act  of 2000, in relation to upper payment limits; to amend the public
         health law, in relation to covered lives assessments in the  Rochester
         region;  to  amend  the  public health law, in relation to noticing of
         hospitals; to amend the public health law, in  relation  to  community
         service  plans  and  performing  provider  systems  community advisory
         boards; to amend the social services law, in relation to health homes;
         to amend part B of chapter 59 of the laws of 2011, amending the public
         health law relating to rates of payment  and  medical  assistance,  in
         relation  to  managed  care  supplemental payments; to amend part H of
         chapter 59 of the laws of 2011, amending the public health law  relat-
         ing  to  general hospital inpatient reimbursement for annual rates, in
         relation to supplemental Medicaid managed care payments; to amend  the
         social  services  law,  in  relation  to spousal support; to amend the
         social services law, in relation to school-based  health  centers;  to
         amend  the  social  services law, in relation to payments for Medicare
         beneficiaries; to authorize a mobility management contractor; to amend
         the public health law, in relation to energy efficiency; to amend  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD20005-01-5
       A. 6007                             2
         public  health law, in relation to payment rates for managed long term
         care enrollees and long term care health programs; to amend the social
         services law, in relation to working disabled  eligibility;  to  amend
         the  social  services law, in relation to family planning benefits; to
         amend the social services law, in relation to foster  care;  to  amend
         the  public health law, in relation to certified home health agencies;
         to amend the public health law, in relation to value  based  payments;
         to amend the social services law, in relation to the basic health plan
         program; to amend the social services law, in relation to establishing
         a health technology assessment committee within the medical assistance
         program;  to  repeal  subdivision  25-a of section 364-j of the social
         services law, relating to managed care provided coverage  for  certain
         drugs; to repeal subdivision 7 of section 364-i of the social services
         law,  relating  to presumptive eligibility for medical assistance; and
         providing for the repeal of certain provisions upon expiration thereof
         (Part B); to amend part A of chapter 56 of the laws of  2013  amending
         chapter  59  of  the  laws  of 2011 amending the public health law and
         other laws relating to general hospital reimbursement for annual rates
         relating to the cap on local Medicaid  expenditures,  in  relation  to
         rates  of  payment  paid to certain providers by the Child Health Plus
         Program; and to amend chapter 111 of the  laws  of  2010  relating  to
         increasing  Medicaid payments to providers through managed care organ-
         izations and providing equivalent fees through an  ambulatory  patient
         group  methodology,  in  relation  to rates of payment paid to certain
         providers by the Child Health Plus Program (Part C); to amend  chapter
         884  of  the  laws of 1990, amending the public health law relating to
         authorizing bad debt and charity care allowances  for  certified  home
         health  agencies,  in  relation to the effectiveness thereof; to amend
         chapter 81 of the laws of 1995, amending the  public  health  law  and
         other  laws  relating  to medical reimbursement and welfare reform, in
         relation to the effectiveness thereof; to amend the public health law,
         in relation to hospital assessments; to amend chapter 659 of the  laws
         of  1997,  constituting the long term care integration and finance act
         of 1997, in relation to the effectiveness thereof;  to  amend  chapter
         474  of  the  laws  of 1996, amending the education law and other laws
         relating to rates for residential health care facilities, in  relation
         to  the  effectiveness  thereof;  to amend part C of chapter 58 of the
         laws of 2007, amending the social services law and other laws relating
         to enacting the major components of legislation necessary to implement
         the health and mental hygiene budget for the  2007-2008  state  fiscal
         year,  in  relation to delay of certain administrative costs; to amend
         chapter 81 of the laws of 1995, amending the  public  health  law  and
         other  laws  relating  to medical reimbursement and welfare reform, in
         relation to reimbursements and the  effectiveness  thereof;  to  amend
         chapter  474 of the laws of 1996, amending the education law and other
         laws relating to  rates  for  residential  healthcare  facilities,  in
         relation  to reimbursements; to amend chapter 451 of the laws of 2007,
         amending the public health law, the social services law and the insur-
         ance  law,  relating  to  providing  enhanced  consumer  and  provider
         protections,  in  relation  to the effectiveness thereof; to amend the
         public health law, in relation to rates of payment for long term  home
         health  care  programs  and making such provisions permanent; to amend
         chapter 303 of the laws of 1999, amending the New York  state  medical
         care facilities finance agency act relating to financing health facil-
         ities,  in relation to the effectiveness thereof; to amend chapter 165
         of the laws of 1991, amending the public health  law  and  other  laws
       A. 6007                             3
         relating  to establishing payments for medical assistance, in relation
         to the effectiveness thereof; to amend the public authorities law,  in
         relation  to the transfer of certain funds; to amend part H of chapter
         59 of the laws of 2011, relating to enacting into law major components
         of  legislation  necessary  to implement the health and mental hygiene
         budget for the 2011-2012 state fiscal plan, in relation to the  effec-
         tiveness  of program oversight and administration of managed long term
         care plans; to amend chapter 659 of the laws  of  1997,  amending  the
         public  health  law  and other laws relating to creation of continuing
         care retirement communities, in relation to the effectiveness thereof;
         to amend the public health law, in relation to residential health care
         facility, and certified home health agency services payments; to amend
         part B of chapter 109  of  the  laws  of  2010,  amending  the  social
         services  law  relating  to  transportation  costs, in relation to the
         effectiveness thereof; to amend chapter 21 of the laws of 2011  amend-
         ing  the  education law relating to authorizing pharmacists to perform
         collaborative drug  therapy  management  with  physicians  in  certain
         settings,  in relation to extending the provisions of such chapter; to
         amend chapter 505 of the laws of 1995, amending the public health  law
         relating  to  the  operation  of  department  of health facilities, in
         relation to making such provisions permanent; to amend part H of chap-
         ter 59 of the laws of 2011, amending the public health law relating to
         the statewide health information network of New York and the statewide
         planning and  research  cooperative  system  and  general  powers  and
         duties,  in  relation  to  the effectiveness of certain provisions; to
         amend part A of chapter 56 of the laws of 2013, amending chapter 59 of
         the laws of 2011 amending the public health law and other laws  relat-
         ing  to  general  hospital reimbursement for annual rates, relating to
         the cap on local Medicaid expenditures, in relation to  extending  the
         provisions thereof; and to repeal section 2 of chapter 459 of the laws
         of  1996 amending the public health law relating to recertification of
         persons providing emergency medical care (Part D); to amend the public
         health law, in relation to the payment of certain funds for  uncompen-
         sated  care  (Part  E);  intentionally  omitted (Part F); to amend the
         financial services law, in relation to the financial  assessment  that
         offsets the operational costs of the health insurance exchange; and to
         amend  the  public  health  law, in relation to health care reform act
         pool administration (Part G); to  amend  the  public  health  law,  in
         relation  to  standardizing urgent care centers and enhanced oversight
         of office-based surgery; and to repeal subdivision 4 of  section  2951
         and  section  2956  of such law relating to the statutory authority of
         upgraded diagnostic and treatment centers (Part H); to amend the civil
         practice law and rules, the criminal procedure law and  the  executive
         law, in relation to the use in evidence of the fact of possession of a
         condom;  to amend the penal law, in relation to criminal possession of
         a controlled substance in the seventh degree;  to  amend  the  general
         business  law, in relation to drug-related paraphernalia; to amend the
         public health law, in relation to the sale and possession of hypoderm-
         ic syringes and needles; to repeal subdivision 2-a of section 2781  of
         the  public  health  law  relating  to certain consent for HIV related
         testing; and to repeal section 220.45 of the  penal  law  relating  to
         criminally  possessing  a hypodermic instrument (Part I); to amend the
         education law and the public health law, in  relation  to  authorizing
         certain  advanced home health aides to perform certain advanced tasks;
         and providing for the repeal of such provisions upon expiration there-
         of (Part J); to amend the public health law, in relation to streamlin-
       A. 6007                             4
         ing the certificate of need process for hospitals and  diagnostic  and
         treatment  clinics  providing  primary  care;  and to amend the public
         health law, in relation to public health and health  planning  council
         reviews,  and  in  relation to hospital sponsored off-campus emergency
         departments (Part K); to amend the public health law, in  relation  to
         the  enhanced oversight of office-based surgery (Part L); to amend the
         public health law, in relation to requiring notice and submission of a
         plan prior to discontinuing fluoridation  of  a  public  water  supply
         (Part  M); relating to conducting a study to develop a report address-
         ing the feasibility of creating an  office  of  community  living  for
         older  adults  and individuals of all ages with disabilities (Part N);
         to amend chapter 111 of the laws of 2010 relating to the  recovery  of
         exempt  income by the office of mental health for community residences
         and family-based treatment programs, in relation to the  effectiveness
         thereof (Part O); to amend the education law, in relation to authoriz-
         ing  contracts  for  the  provision  of  special education and related
         services for certain patients hospitalized in  hospitals  operated  by
         the  office  of  mental  health; to require the commissioner of mental
         health to report on children hospitalized in hospitals operated by the
         office of mental health and to amend part M of chapter 56 of the  laws
         of  2012 amending the education law, relating to authorizing contracts
         for the provision  of  special  education  and  related  services  for
         certain  patients  hospitalized in hospitals operated by the office of
         mental health, in relation to  the  effectiveness  thereof  (Part  P);
         intentionally  omitted (Part Q); to amend part A of chapter 111 of the
         laws of 2010 amending the mental hygiene law relating to  the  receipt
         of  federal  and state benefits received by individuals receiving care
         in facilities operated by  an  office  of  the  department  of  mental
         hygiene,  in  relation to the effectiveness thereof (Part R); to amend
         the social services law, the education law, the executive law and  the
         mental  hygiene law, in relation to providing professional services to
         individuals with developmental disabilities in non-certified settings;
         in relation to the exemption of the nurse practice act for direct care
         staff in non-certified settings funded, authorized or approved by  the
         office  for  people  with  developmental  disabilities;  and to repeal
         certain provisions of the mental hygiene law  relating  thereto  (Part
         S); intentionally omitted (Part T); intentionally omitted (Part U); to
         amend the mental hygiene law, in relation to commissioning a statewide
         evaluation  regarding  the extent of legal and illegal gambling by New
         York residents (Part V); to amend  the  mental  hygiene  law  and  the
         racing,  pari-mutuel wagering and breeding law, in relation to compul-
         sive gambling assistance (Part W); to amend chapter 495 of the laws of
         2004 amending the insurance law and the public health law relating  to
         the  New  York  state  health insurance continuation assistance demon-
         stration project, in relation to the effectiveness thereof  (Part  X);
         to  amend  the  insurance  law, in relation to an exemption to certain
         provisions of law relating to risk-based capital for property/casualty
         insurance companies (Part Y); to amend chapter 266 of the laws of 1986
         amending the civil practice law and rules and other laws  relating  to
         malpractice  and  professional medical conduct; and to amend part J of
         chapter 63 of the laws of 2001 amending chapter 266  of  the  laws  of
         1986,  amending the civil practice law and rules and other laws relat-
         ing to malpractice and professional medical conduct,  in  relation  to
         extending  certain provisions concerning the hospital excess liability
         pool and requiring a tax clearance for  doctors  and  dentists  to  be
         eligible  for  such  excess  coverage (Part Z); to amend the insurance
       A. 6007                             5
         law, in relation to the New York state health insurance  modernization
         and  quality  care  commission  (Part  AA); to amend the elder law, in
         relation to enriched social adult day services; and to  amend  chapter
         58 of the laws of 2008, amending the elder law and other laws relating
         to  reimbursement  to  particular provider pharmacies and prescription
         drug coverage, in relation to the effectiveness thereof (Part BB);  to
         amend  the mental hygiene law, in relation to providing state operated
         opportunities for people with developmental disabilities (Part CC); to
         amend the social services law, in relation to establishing presumptive
         eligibility for Medicaid for inmates (Part DD); to  amend  the  mental
         hygiene  law,  in  relation to establishing a crisis intervention team
         program (Part EE); to amend the mental hygiene  law,  in  relation  to
         requiring  the commissioner of developmental disabilities to conduct a
         geographic analysis of supports and services in community settings for
         individuals with developmental disabilities (Part FF);  and  to  amend
         the  metal hygiene law, in relation to transformation workgroups (Part
         GG)
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  This  act enacts into law major components of legislation
    2  which are necessary to implement the state fiscal plan for the 2015-2016
    3  state fiscal year. Each component is  wholly  contained  within  a  Part
    4  identified as Parts A through GG. The effective date for each particular
    5  provision contained within such Part is set forth in the last section of
    6  such Part. Any provision in any section contained within a Part, includ-
    7  ing the effective date of the Part, which makes a reference to a section
    8  "of  this  act", when used in connection with that particular component,
    9  shall be deemed to mean and refer to the corresponding  section  of  the
   10  Part  in  which  it  is  found. Section three of this act sets forth the
   11  general effective date of this act.
   12                                   PART A
   13    Section 1. Intentionally omitted.
   14    S 1-a. Section 4 of part X2 of chapter 62 of the laws of 2003,  amend-
   15  ing  the  public health law relating to allowing for the use of funds of
   16  the office of professional medical conduct for activities of the patient
   17  health information and quality improvement act of 2000,  as  amended  by
   18  section  25  of  part B of chapter 56 of the laws of 2013, is amended to
   19  read as follows:
   20    S 4. This  act  shall  take  effect  immediately;  provided  that  the
   21  provisions  of  section  one of this act shall be deemed to have been in
   22  full force and effect on and after April 1, 2003, and shall expire March
   23  31, [2015] 2017 when upon such date the provisions of such section shall
   24  be deemed repealed.
   25    S 2. Intentionally omitted.
   26    S 3. Intentionally omitted.
   27    S 4. Intentionally omitted.
   28    S 5. Intentionally omitted.
   29    S 6. Section 461-s of the social services law, as added by section  21
   30  of  part  D  of  chapter  56  of the laws of 2012, is amended to read as
   31  follows:
       A. 6007                             6
    1    S 461-s. Enhancing the quality of adult living program for adult  care
    2  facilities.  1.  The commissioner of health shall establish the enhanced
    3  quality of adult living program (referred to  in  this  section  as  the
    4  "EQUAL program" or the "program") for adult care facilities. The program
    5  shall be targeted at improving the quality of life for adult care facil-
    6  ity  residents  by means of grants to facilities for specified purposes.
    7  The department of health, subject to the approval of the director of the
    8  budget, shall develop an allocation methodology taking into account  the
    9  financial status and size of the facility as well as resident needs.
   10    2.  (A) No payment shall be made under the program to a facility that,
   11  IN THE PRECEDING YEAR:
   12    (I) has received official written notice  from  the  department  of  a
   13  proposed  revocation, suspension, limitation or denial of the operator's
   14  operating certificate[.];
   15    (II) HAS RECEIVED ISSUANCE OF A DEPARTMENT ORDER UNDER SUBDIVISION TWO
   16  OF SECTION FOUR HUNDRED SIXTY-D OF THIS ARTICLE; A  PROPOSED  ASSESSMENT
   17  OF  CIVIL PENALTIES FOR A VIOLATION OF SUBPARAGRAPH TWO OF PARAGRAPH (B)
   18  OF SUBDIVISION SEVEN OF SECTION FOUR HUNDRED SIXTY-D  OF  THIS  ARTICLE;
   19  THE  GRANTING OF EQUITABLE RELIEF UNDER SUBDIVISION FIVE OF SECTION FOUR
   20  HUNDRED SIXTY-D OF THIS ARTICLE; OR THE  ISSUANCE  OF  A  COMMISSIONER'S
   21  ORDER  UNDER  SUBDIVISION  EIGHT OF SECTION FOUR HUNDRED SIXTY-D OF THIS
   22  ARTICLE;
   23    (III) IS SUBJECT TO AN ORDER BY A COURT OF COMPETENT  JURISDICTION  OR
   24  AN  APPROVED SETTLEMENT AGREEMENT WHICH AFFIRMS THAT THE RIGHTS AFFORDED
   25  TO RESIDENTS OF ADULT CARE FACILITIES AS PROVIDED FOR  BY  SECTION  FOUR
   26  HUNDRED SIXTY-ONE-D OF THIS ARTICLE HAVE BEEN VIOLATED; OR
   27    (IV) HAS FAILED TO COMPLY WITH SUBDIVISION FIVE OF THIS SECTION.
   28    (B)  WHEN  PAYMENT  IS  DENIED  UNDER THIS SUBDIVISION, THE DEPARTMENT
   29  SHALL DETERMINE THE MEANS WHEREBY PAYMENT SHALL BE MADE TO THE RESIDENTS
   30  LIVING IN THE FACILITY IN ENFORCEMENT,  PROVIDED  THAT  THE  FUNDS  WILL
   31  SUPPORT EXPENSES THAT DIRECTLY BENEFIT THE RESIDENTS.
   32    3. Prior to applying for EQUAL program funds, a facility shall receive
   33  approval  of  its  expenditure  plan from the residents' council for the
   34  facility.  THE RESIDENTS' COUNCIL SHALL IDENTIFY THE PRIORITIES  OF  THE
   35  MAJORITY  OF  RESIDENTS  FOR  THE  USE OF THE PROGRAM FUNDS AND DOCUMENT
   36  RESIDENTS' TOP PREFERENCES BY MEANS OF A VOTE OR SURVEY. THE PLAN  SHALL
   37  DETAIL  HOW  PROGRAM FUNDS WILL BE USED TO IMPROVE THE PHYSICAL ENVIRON-
   38  MENT OF THE FACILITY OR THE QUALITY OF CARE  AND  SERVICES  RENDERED  TO
   39  RESIDENTS  AND  MAY  INCLUDE, BUT NOT BE LIMITED TO, STAFF TRAINING, AIR
   40  CONDITIONING IN RESIDENTS' AREAS, CLOTHING, IMPROVEMENTS IN FOOD  QUALI-
   41  TY,  FURNISHINGS, EQUIPMENT, SECURITY, AND MAINTENANCE OR REPAIRS TO THE
   42  FACILITY. THE DEPARTMENT SHALL INVESTIGATE REPORTS OF RESIDENT ABUSE AND
   43  RETALIATION RELATED TO PROGRAM APPLICATIONS AND EXPENDITURES.
   44    4. EQUAL PROGRAM FUNDS SHALL NOT BE EXPENDED FOR  A  FACILITY'S  DAILY
   45  OPERATING   EXPENSES,  INCLUDING  EMPLOYEE  SALARIES  OR  BENEFITS,  FOR
   46  EXPENSES  INCURRED  RETROSPECTIVELY,  OR  FOR  EXPENDITURES  RELATED  TO
   47  CORRECTIVE  ACTION  AS  REQUIRED  BY AN INSPECTION REPORT OR AUDIT UNDER
   48  SUBDIVISION FIVE OF THIS SECTION.
   49    5. THE DEPARTMENT OF HEALTH SHALL CONDUCT  AN  ANNUAL  AUDIT  OF  EACH
   50  FACILITY  THAT  HAS  RECEIVED  PAYMENT UNDER THIS SECTION TO ENSURE THAT
   51  PROGRAM FUNDS WERE SPENT AS INDICATED IN THE EXPENDITURE PLAN UPON WHICH
   52  THE RESPECTIVE PAYMENT WAS MADE. AT THE COMPLETION  OF  THE  AUDIT,  THE
   53  FACILITY  SHALL  PREPARE  A CORRECTIVE ACTION PLAN TO ADDRESS OR DISPUTE
   54  EACH NEGATIVE AUDIT FINDING  INCLUDED  IN  THE  CURRENT  YEAR  AUDITOR'S
   55  REPORTS.  THE  CORRECTIVE  ACTION  PLAN  SHALL  PROVIDE THE NAMES OF THE
       A. 6007                             7
    1  CONTACT PERSONS RESPONSIBLE FOR CORRECTIVE ACTION, THE CORRECTIVE ACTION
    2  PLANNED, AND THE ANTICIPATED COMPLETION DATE.
    3    6.  THE  DEPARTMENT  SHALL  PROMULGATE  REGULATIONS  TO IMPLEMENT THIS
    4  SECTION.
    5    S 7. This act shall take effect immediately.
    6                                   PART B
    7    Section 1. Subdivision 7 of section 367-a of the social  services  law
    8  is amended by adding a new paragraph (e) to read as follows:
    9    (E)  THE  COMMISSIONER  MAY  NEGOTIATE  DIRECTLY WITH A PHARMACEUTICAL
   10  MANUFACTURER  FOR  THE  PROVISION  OF  SUPPLEMENTAL  REBATES,  INCLUDING
   11  SUPPLEMENTAL REBATES RELATING TO PHARMACEUTICAL UTILIZATION BY ENROLLEES
   12  OF MANAGED CARE PROVIDERS PURSUANT TO SECTION THREE HUNDRED SIXTY-FOUR-J
   13  OF  THIS  TITLE,  RELATING  TO  ANY OF THE DRUGS IT MANUFACTURES FOR THE
   14  PURPOSE OF FUNDING MEDICAL ASSISTANCE PROGRAM BENEFITS; PROVIDED, HOWEV-
   15  ER, THAT THIS PARAGRAPH SHALL APPLY ONLY TO ANTIRETRO-VIRALS AND HEPATI-
   16  TIS C AGENTS FOR WHICH THE MANUFACTURER HAS IN EFFECT A REBATE AGREEMENT
   17  WITH THE FEDERAL SECRETARY OF HEALTH AND HUMAN SERVICES PURSUANT  TO  42
   18  U.S.C. S1396R-8.
   19    S 2.  Intentionally omitted.
   20    S 3.  Intentionally omitted.
   21    S 4.  Intentionally omitted.
   22    S 5.  Intentionally omitted.
   23    S 6.  Intentionally omitted.
   24    S  6-a. Subdivision 25 of section 364-j of the social services law, as
   25  added by section 55 of part D of chapter 56 of  the  laws  of  2012,  is
   26  amended to read as follows:
   27    25.  [Effective  January first, two thousand thirteen, notwithstanding
   28  any provision of law to the contrary, managed care providers shall cover
   29  medically necessary prescription drugs  in  the  atypical  antipsychotic
   30  therapeutic  class, including non-formulary drugs, upon demonstration by
   31  the prescriber, after consulting with the managed  care  provider,  that
   32  such  drugs,  in  the prescriber's reasonable professional judgment, are
   33  medically necessary and warranted.] NOTWITHSTANDING ANY PROVISION OF LAW
   34  TO THE CONTRARY, MANAGED CARE PROVIDERS SHALL COVER MEDICALLY  NECESSARY
   35  PRESCRIPTION  DRUGS  IN ALL DRUG CLASSES, INCLUDING NON-FORMULARY DRUGS,
   36  UPON DEMONSTRATION BY THE PRESCRIBER, AFTER CONSULTING WITH THE  MANAGED
   37  CARE  PROVIDER,  THAT SUCH DRUGS, IN THE PRESCRIBER'S REASONABLE PROFES-
   38  SIONAL JUDGMENT, ARE MEDICALLY NECESSARY AND WARRANTED.
   39    S 6-b. Subdivision 25-a of section 364-j of the social services law is
   40  REPEALED.
   41    S 7. Intentionally omitted.
   42    S 8. Subdivision 1 of section 92 of part H of chapter 59 of  the  laws
   43  of 2011, amending the public health law and other laws relating to known
   44  and  projected department of health state fund medicaid expenditures, as
   45  amended by section 33 of part C of chapter 60 of the laws  of  2014,  is
   46  amended to read as follows:
   47    1.  For  state  fiscal  years  2011-12  through [2015-16] 2016-17, the
   48  director of the budget, in consultation with the commissioner of  health
   49  referenced  as "commissioner" for purposes of this section, shall assess
   50  on a monthly basis, as reflected in monthly reports pursuant to subdivi-
   51  sion five of this section known and projected department of health state
   52  funds medicaid expenditures by category of  service  and  by  geographic
   53  regions,  as  defined  by  the  commissioner, and if the director of the
   54  budget determines that such expenditures are expected to cause  medicaid
       A. 6007                             8
    1  disbursements  for  such  period  to  exceed the projected department of
    2  health medicaid state funds disbursements in the enacted  budget  finan-
    3  cial  plan  pursuant to subdivision 3 of section 23 of the state finance
    4  law,  the  commissioner  of health, in consultation with the director of
    5  the budget, shall develop a medicaid savings allocation  plan  to  limit
    6  such  spending  to  the  aggregate  limit level specified in the enacted
    7  budget financial  plan,  provided,  however,  such  projections  may  be
    8  adjusted by the director of the budget to account for any changes in the
    9  New  York state federal medical assistance percentage amount established
   10  pursuant to the federal social security act, changes in provider  reven-
   11  ues,  reductions  to  local  social services district medical assistance
   12  administration, and beginning April 1, 2012 the operational costs of the
   13  New York state medical indemnity fund.  Such projections may be adjusted
   14  by the director of the budget to  account  for  increased  or  expedited
   15  department  of health state funds medicaid expenditures as a result of a
   16  natural or other type of disaster, including a governmental  declaration
   17  of emergency.
   18    S 9.  Intentionally omitted.
   19    S 10. Intentionally omitted.
   20    S 11. Section 2807 of the public health law is amended by adding a new
   21  subdivision 14 to read as follows:
   22    14.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AND SUBJECT
   23  TO FEDERAL FINANCIAL PARTICIPATION, THE COMMISSIONER  IS  AUTHORIZED  TO
   24  ESTABLISH,  PURSUANT TO REGULATIONS, A GENERAL HOSPITAL QUALITY POOL FOR
   25  THE PURPOSE OF INCENTIVIZING AND FACILITATING  QUALITY  IMPROVEMENTS  IN
   26  GENERAL HOSPITALS. AWARDS FROM SUCH POOL SHALL BE SUBJECT TO APPROVAL BY
   27  THE  DIRECTOR  OF BUDGET. IF FEDERAL FINANCIAL PARTICIPATION IS UNAVAIL-
   28  ABLE, THEN THE NON-FEDERAL SHARE OF AWARDS MADE PURSUANT TO THIS  SUBDI-
   29  VISION MAY BE MADE AS STATE GRANTS.
   30    (A)  THIRTY DAYS PRIOR TO ADOPTING OR APPLYING A METHODOLOGY OR PROCE-
   31  DURE FOR MAKING AN ALLOCATION OR  MODIFICATION  TO  AN  ALLOCATION  MADE
   32  PURSUANT  TO  THIS  SUBDIVISION,  THE COMMISSIONER SHALL PROVIDE WRITTEN
   33  NOTICE TO THE CHAIRS OF THE SENATE FINANCE COMMITTEE, THE ASSEMBLY  WAYS
   34  AND  MEANS COMMITTEE, AND THE SENATE AND ASSEMBLY HEALTH COMMITTEES WITH
   35  REGARD TO THE INTENT TO ADOPT OR APPLY  THE  METHODOLOGY  OR  PROCEDURE,
   36  INCLUDING A DETAILED EXPLANATION OF THE METHODOLOGY OR PROCEDURE.
   37    (B) THIRTY DAYS PRIOR TO EXECUTING AN ALLOCATION OR MODIFICATION TO AN
   38  ALLOCATION  MADE  PURSUANT  TO  THIS SUBDIVISION, THE COMMISSIONER SHALL
   39  PROVIDE WRITTEN NOTICE TO THE CHAIRS OF THE  SENATE  FINANCE  COMMITTEE,
   40  THE  ASSEMBLY  WAYS  AND  MEANS  COMMITTEE,  AND THE SENATE AND ASSEMBLY
   41  HEALTH COMMITTEES WITH REGARD TO THE INTENT TO  DISTRIBUTE  SUCH  FUNDS.
   42  SUCH  NOTICE  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, INFORMATION ON THE
   43  METHODOLOGY USED TO DISTRIBUTE THE FUNDS, THE  FACILITY  SPECIFIC  ALLO-
   44  CATIONS  OF  THE  FUNDS,  ANY  FACILITY SPECIFIC PROJECT DESCRIPTIONS OR
   45  REQUIREMENTS FOR RECEIVING SUCH FUNDS, THE MULTI-YEAR IMPACTS  OF  THESE
   46  ALLOCATIONS, AND THE AVAILABILITY OF FEDERAL MATCHING FUNDS. THE COMMIS-
   47  SIONER  SHALL  PROVIDE  QUARTERLY  REPORTS  TO  THE  CHAIR OF THE SENATE
   48  FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE
   49  ON THE DISTRIBUTION AND DISBURSEMENT OF SUCH FUNDS.
   50    S 12. Section 2807 of the public health law is amended by adding a new
   51  subdivision 22 to read as follows:
   52     22. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AND SUBJECT
   53  TO FEDERAL FINANCIAL PARTICIPATION, GENERAL HOSPITALS DESIGNATED AS SOLE
   54  COMMUNITY HOSPITALS IN ACCORDANCE WITH TITLE XVIII OF THE FEDERAL SOCIAL
   55  SECURITY ACT SHALL BE ELIGIBLE FOR ENHANCED  PAYMENTS  OR  REIMBURSEMENT
   56  FOR INPATIENT AND/OR OUTPATIENT SERVICES OF UP TO TWELVE MILLION DOLLARS
       A. 6007                             9
    1  UNDER  A  SUPPLEMENTAL  OR  REVISED RATE METHODOLOGY, ESTABLISHED BY THE
    2  COMMISSIONER IN REGULATION, FOR THE  PURPOSE  OF  PROMOTING  ACCESS  AND
    3  IMPROVING  THE  QUALITY  OF  CARE. IF FEDERAL FINANCIAL PARTICIPATION IS
    4  UNAVAILABLE,  THEN  THE  NON-FEDERAL  SHARE OF SUCH PAYMENTS PURSUANT TO
    5  THIS SUBDIVISION MAY BE MADE AS STATE GRANTS.
    6    (A) THIRTY DAYS PRIOR TO ADOPTING OR APPLYING A METHODOLOGY OR  PROCE-
    7  DURE  FOR  MAKING  AN  ALLOCATION  OR MODIFICATION TO AN ALLOCATION MADE
    8  PURSUANT TO THIS SUBDIVISION, THE  COMMISSIONER  SHALL  PROVIDE  WRITTEN
    9  NOTICE  TO THE CHAIRS OF THE SENATE FINANCE COMMITTEE, THE ASSEMBLY WAYS
   10  AND MEANS COMMITTEE, AND THE SENATE AND ASSEMBLY HEALTH COMMITTEES  WITH
   11  REGARD  TO  THE  INTENT  TO ADOPT OR APPLY THE METHODOLOGY OR PROCEDURE,
   12  INCLUDING A DETAILED EXPLANATION OF THE METHODOLOGY OR PROCEDURE.
   13    (B) THIRTY DAYS PRIOR TO EXECUTING AN ALLOCATION OR MODIFICATION TO AN
   14  ALLOCATION MADE PURSUANT TO THIS  SUBDIVISION,  THE  COMMISSIONER  SHALL
   15  PROVIDE  WRITTEN  NOTICE  TO THE CHAIRS OF THE SENATE FINANCE COMMITTEE,
   16  THE ASSEMBLY WAYS AND MEANS  COMMITTEE,  AND  THE  SENATE  AND  ASSEMBLY
   17  HEALTH  COMMITTEES  WITH  REGARD TO THE INTENT TO DISTRIBUTE SUCH FUNDS.
   18  SUCH NOTICE SHALL INCLUDE, BUT NOT BE LIMITED  TO,  INFORMATION  ON  THE
   19  METHODOLOGY  USED  TO  DISTRIBUTE THE FUNDS, THE FACILITY SPECIFIC ALLO-
   20  CATIONS OF THE FUNDS, ANY  FACILITY  SPECIFIC  PROJECT  DESCRIPTIONS  OR
   21  REQUIREMENTS  FOR  RECEIVING SUCH FUNDS, THE MULTI-YEAR IMPACTS OF THESE
   22  ALLOCATIONS, AND THE AVAILABILITY OF FEDERAL MATCHING FUNDS. THE COMMIS-
   23  SIONER SHALL PROVIDE QUARTERLY  REPORTS  TO  THE  CHAIR  OF  THE  SENATE
   24  FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE
   25  ON THE DISTRIBUTION AND DISBURSEMENT OF SUCH FUNDS.
   26    S  13.  Subdivision  (e)  of section 2826 of the public health law, as
   27  added by section 27 of part C of chapter 60 of  the  laws  of  2014,  is
   28  amended and a new subdivision (e-1) is added to read as follows:
   29    (e) Notwithstanding any law to the contrary, general hospitals defined
   30  as  critical  access  hospitals  pursuant  to title XVIII of the federal
   31  social security act shall be allocated no less than [five] SEVEN million
   32  FIVE HUNDRED THOUSAND dollars annually pursuant  to  this  section.  The
   33  department of health shall provide a report to the governor and legisla-
   34  ture  no  later  than  [December]  JUNE  first,  two thousand [fourteen]
   35  FIFTEEN providing recommendations on how to ensure the financial stabil-
   36  ity of, and preserve  patient  access  to,  critical  access  hospitals,
   37  INCLUDING AN EXAMINATION OF PERMANENT MEDICAID RATE METHODOLOGY CHANGES.
   38    (E-1)  THIRTY DAYS PRIOR TO EXECUTING AN ALLOCATION OR MODIFICATION TO
   39  AN ALLOCATION MADE PURSUANT TO  THIS  SECTION,  THE  COMMISSIONER  SHALL
   40  PROVIDE  WRITTEN NOTICE TO THE CHAIR OF THE SENATE FINANCE COMMITTEE AND
   41  THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE WITH REGARDS  TO  THE
   42  INTENT  TO  DISTRIBUTE SUCH FUNDS. SUCH NOTICE SHALL INCLUDE, BUT NOT BE
   43  LIMITED TO, INFORMATION ON THE METHODOLOGY USED TO DISTRIBUTE THE FUNDS,
   44  THE FACILITY SPECIFIC ALLOCATIONS OF THE FUNDS,  ANY  FACILITY  SPECIFIC
   45  PROJECT  DESCRIPTIONS  OR  REQUIREMENTS  FOR  RECEIVING  SUCH FUNDS, THE
   46  MULTI-YEAR IMPACTS OF THESE ALLOCATIONS, AND THE AVAILABILITY OF FEDERAL
   47  MATCHING FUNDS. THE COMMISSIONER SHALL PROVIDE QUARTERLY REPORTS TO  THE
   48  CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS
   49  AND  MEANS COMMITTEE ON THE DISTRIBUTION AND DISBURSEMENT OF SUCH FUNDS.
   50  WITHIN SIXTY DAYS OF THE EFFECTIVENESS OF THIS SUBDIVISION, THE  COMMIS-
   51  SIONER SHALL PROVIDE A WRITTEN REPORT TO THE CHAIR OF THE SENATE FINANCE
   52  COMMITTEE  AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE ON ALL
   53  AWARDS MADE PURSUANT TO THIS SECTION PRIOR TO THE EFFECTIVENESS OF  THIS
   54  SUBDIVISION,  INCLUDING  ALL INFORMATION THAT IS REQUIRED TO BE INCLUDED
   55  IN THE NOTICE REQUIREMENTS OF THIS SUBDIVISION.
       A. 6007                            10
    1    S 14. Section 2826 of the public health law is amended by adding a new
    2  subdivision (f) to read as follows:
    3    (F)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AND SUBJECT
    4  TO FEDERAL FINANCIAL PARTICIPATION, NO LESS  THAN  TEN  MILLION  DOLLARS
    5  SHALL BE ALLOCATED TO PROVIDERS DESCRIBED IN THIS SUBDIVISION; PROVIDED,
    6  HOWEVER  THAT  IF FEDERAL FINANCIAL PARTICIPATION IS UNAVAILABLE FOR ANY
    7  ELIGIBLE PROVIDER, OR FOR ANY POTENTIAL INVESTMENT UNDER  THIS  SUBDIVI-
    8  SION THEN THE NON-FEDERAL SHARE OF PAYMENTS PURSUANT TO THIS SUBDIVISION
    9  MAY BE MADE AS STATE GRANTS.
   10    (I)  PROVIDERS  SERVING RURAL AREAS AS SUCH TERM IS DEFINED IN SECTION
   11  TWO THOUSAND NINE HUNDRED FIFTY-ONE OF THIS CHAPTER, INCLUDING  BUT  NOT
   12  LIMITED TO HOSPITALS, RESIDENTIAL HEALTH CARE FACILITIES, DIAGNOSTIC AND
   13  TREATMENT  CENTERS,  AMBULATORY  SURGERY  CENTERS  AND  CLINICS SHALL BE
   14  ELIGIBLE FOR ENHANCED PAYMENTS OR  REIMBURSEMENT  UNDER  A  SUPPLEMENTAL
   15  RATE  METHODOLOGY  FOR THE PURPOSE OF PROMOTING ACCESS AND IMPROVING THE
   16  QUALITY OF CARE.
   17    (II) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AND SUBJECT
   18  TO  FEDERAL  FINANCIAL  PARTICIPATION,  ESSENTIAL  COMMUNITY  PROVIDERS,
   19  WHICH,  FOR  THE  PURPOSES  OF  THIS SECTION, SHALL MEAN A PROVIDER THAT
   20  OFFERS HEALTH SERVICES WITHIN A DEFINED AND ISOLATED  GEOGRAPHIC  REGION
   21  WHERE  SUCH SERVICES WOULD OTHERWISE BE UNAVAILABLE TO THE POPULATION OF
   22  SUCH REGION, SHALL BE ELIGIBLE FOR ENHANCED  PAYMENTS  OR  REIMBURSEMENT
   23  UNDER  A  SUPPLEMENTAL  RATE  METHODOLOGY  FOR  THE PURPOSE OF PROMOTING
   24  ACCESS AND IMPROVING QUALITY OF  CARE.  ELIGIBLE  PROVIDERS  UNDER  THIS
   25  PARAGRAPH  MAY  INCLUDE,  BUT ARE NOT LIMITED TO, HOSPITALS, RESIDENTIAL
   26  HEALTH CARE FACILITIES, DIAGNOSTIC  AND  TREATMENT  CENTERS,  AMBULATORY
   27  SURGERY CENTERS AND CLINICS.
   28    (III)  IN  MAKING  SUCH  PAYMENTS THE COMMISSIONER MAY CONTEMPLATE THE
   29  EXTENT TO WHICH ANY SUCH PROVIDER RECEIVES ASSISTANCE UNDER  SUBDIVISION
   30  (A)  OF  THIS  SECTION AND MAY REQUIRE SUCH PROVIDER TO SUBMIT A WRITTEN
   31  PROPOSAL DEMONSTRATING THAT THE NEED FOR MONIES UNDER  THIS  SUBDIVISION
   32  EXCEEDS MONIES OTHERWISE DISTRIBUTED PURSUANT TO THIS SECTION.
   33    (IV)  PAYMENTS  UNDER THIS SUBDIVISION MAY INCLUDE, BUT NOT BE LIMITED
   34  TO, TEMPORARY RATE ADJUSTMENTS, LUMP SUM MEDICAID PAYMENTS, SUPPLEMENTAL
   35  RATE METHODOLOGIES AND ANY OTHER PAYMENTS AS DETERMINED BY  THE  COMMIS-
   36  SIONER.
   37    (V)  PAYMENTS  UNDER  THIS SUBDIVISION SHALL BE SUBJECT TO APPROVAL BY
   38  THE DIRECTOR OF THE BUDGET.
   39    (VI) THE COMMISSIONER MAY PROMULGATE  REGULATIONS  TO  EFFECTUATE  THE
   40  PROVISIONS OF THIS SUBDIVISION.
   41    (VII)  THIRTY  DAYS  PRIOR  TO  ADOPTING  OR APPLYING A METHODOLOGY OR
   42  PROCEDURE FOR MAKING AN ALLOCATION OR MODIFICATION TO AN ALLOCATION MADE
   43  PURSUANT TO THIS SUBDIVISION, THE  COMMISSIONER  SHALL  PROVIDE  WRITTEN
   44  NOTICE  TO THE CHAIRS OF THE SENATE FINANCE COMMITTEE, THE ASSEMBLY WAYS
   45  AND MEANS COMMITTEE, AND THE SENATE AND ASSEMBLY HEALTH COMMITTEES  WITH
   46  REGARD  TO  THE  INTENT  TO ADOPT OR APPLY THE METHODOLOGY OR PROCEDURE,
   47  INCLUDING A DETAILED EXPLANATION OF THE METHODOLOGY OR PROCEDURE.
   48    (VIII) THIRTY DAYS PRIOR TO EXECUTING AN ALLOCATION OR MODIFICATION TO
   49  AN ALLOCATION MADE PURSUANT TO THIS SUBDIVISION, THE COMMISSIONER  SHALL
   50  PROVIDE  WRITTEN  NOTICE  TO THE CHAIRS OF THE SENATE FINANCE COMMITTEE,
   51  THE ASSEMBLY WAYS AND MEANS  COMMITTEE,  AND  THE  SENATE  AND  ASSEMBLY
   52  HEALTH  COMMITTEES  WITH  REGARD TO THE INTENT TO DISTRIBUTE SUCH FUNDS.
   53  SUCH NOTICE SHALL INCLUDE, BUT NOT BE LIMITED  TO,  INFORMATION  ON  THE
   54  METHODOLOGY  USED  TO  DISTRIBUTE THE FUNDS, THE FACILITY SPECIFIC ALLO-
   55  CATIONS OF THE FUNDS, ANY  FACILITY  SPECIFIC  PROJECT  DESCRIPTIONS  OR
   56  REQUIREMENTS  FOR  RECEIVING SUCH FUNDS, THE MULTI-YEAR IMPACTS OF THESE
       A. 6007                            11
    1  ALLOCATIONS, AND THE AVAILABILITY OF FEDERAL MATCHING FUNDS. THE COMMIS-
    2  SIONER SHALL PROVIDE QUARTERLY  REPORTS  TO  THE  CHAIR  OF  THE  SENATE
    3  FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE
    4  ON THE DISTRIBUTION AND DISBURSEMENT OF SUCH FUNDS.
    5    S 15. Intentionally omitted.
    6    S 16.  Section 12 of part A of chapter 1 of the laws of 2002, relating
    7  to the health care reform act of 2000, is amended to read as follows:
    8    S  12. Notwithstanding any inconsistent provision of law or regulation
    9  to the contrary, and subject to the availability  of  federal  financial
   10  participation  pursuant to title XIX of the federal social security act,
   11  effective for the period September 1, 2001 through March 31,  2002,  and
   12  state  fiscal  years thereafter, UNTIL MARCH 31, 2012, the department of
   13  health is authorized to pay a specialty hospital  adjustment  to  public
   14  general  hospitals,  as defined in subdivision 10 of section 2801 of the
   15  public health law, other than those operated by the state of New York or
   16  the state university of New York, receiving reimbursement for all  inpa-
   17  tient services under title XIX of the federal social security act pursu-
   18  ant  to  paragraph  (e) of subdivision 4 of section 2807-c of the public
   19  health law, and located in a city with a population of over  1  million,
   20  of up to four hundred sixty-three million dollars for the period Septem-
   21  ber  1,  2001 through March 31, 2002 and up to seven hundred ninety-four
   22  million dollars annually for state fiscal years  thereafter  as  medical
   23  assistance payments for inpatient services pursuant to title 11 of arti-
   24  cle  5  of  the  social  services  law for patients eligible for federal
   25  financial participation under title XIX of the federal  social  security
   26  act  based on each such hospital's proportionate share of the sum of all
   27  inpatient discharges for  all  facilities  eligible  for  an  adjustment
   28  pursuant  to  this section for the base year two years prior to the rate
   29  year. Such proportionate share payment may be added to rates of  payment
   30  or made as aggregate payments to eligible public general hospitals.
   31    S  17. Section 13 of part B of chapter 1 of the laws of 2002, relating
   32  to the health care reform act of 2000, is amended to read as follows:
   33    S 13. Notwithstanding any inconsistent provision of law or  regulation
   34  to  the  contrary,  and subject to the availability of federal financial
   35  participation pursuant to title XIX of the federal social security  act,
   36  effective for the period April 1, 2002 through March 31, 2003, and state
   37  fiscal  years  thereafter UNTIL MARCH 31, 2012, the department of health
   38  is authorized to pay a specialty hospital adjustment to  public  general
   39  hospitals,  as  defined  in subdivision 10 of section 2801 of the public
   40  health law, other than those operated by the state of New  York  or  the
   41  state  university of New York, receiving reimbursement for all inpatient
   42  services under title XIX of the federal social security act pursuant  to
   43  paragraph  (e)  of  subdivision 4 of section 2807-c of the public health
   44  law, and located in a city with a population of over one million, of  up
   45  to two hundred eighty-six million dollars as medical assistance payments
   46  for  inpatient  services pursuant to title 11 of article 5 of the social
   47  services law for patients eligible for federal  financial  participation
   48  under  title  XIX  of the federal social security act based on each such
   49  hospital's proportionate share of the sum of  all  inpatient  discharges
   50  for  all  facilities eligible for an adjustment pursuant to this section
   51  for the base year two years prior to the rate year.  Such  proportionate
   52  share  payment  may  be  added  to rates of payment or made as aggregate
   53  payments to eligible hospitals.
   54    S 18. Notwithstanding any inconsistent provision of law or  regulation
   55  to  the  contrary,  and subject to the availability of federal financial
   56  participation pursuant to title XIX of the federal social security  act,
       A. 6007                            12
    1  effective  for  the  period  April  1, 2012, through March 31, 2013, and
    2  state fiscal years thereafter, the department of health is authorized to
    3  pay a public hospital adjustment to public general hospitals, as defined
    4  in  subdivision  10 of section 2801 of the public health law, other than
    5  those operated by the state of New York or the state university  of  New
    6  York,  and  located in a city with a population of over 1 million, of up
    7  to one billion eighty million dollars  annually  as  medical  assistance
    8  payments for inpatient services pursuant to title 11 of article 5 of the
    9  social  services law for patients eligible for federal financial partic-
   10  ipation under title XIX of the federal social security act based on such
   11  criteria and methodologies as the commissioner may from time to time set
   12  through a memorandum of understanding with the New York city health  and
   13  hospitals  corporation,  and  such adjustments shall be paid by means of
   14  one or more estimated payments,  with  such  estimated  payments  to  be
   15  reconciled  to  the  commissioner  of health's final adjustment determi-
   16  nations after the disproportionate  share  hospital  payment  adjustment
   17  caps have been calculated for such period under sections 1923(f) and (g)
   18  of the federal social security act. Such adjustment payment may be added
   19  to  rates  of  payment  or made as aggregate payments to eligible public
   20  general hospitals.
   21    S 19.  Section 14 of part A of chapter 1 of the laws of 2002, relating
   22  to the health care reform act of 2000, is amended to read as follows:
   23    S 14. Notwithstanding any inconsistent provision of law, rule or regu-
   24  lation to the contrary, and  subject  to  the  availability  of  federal
   25  financial  participation  pursuant  to  title  XIX of the federal social
   26  security act, effective for the period January 1, 2002 through March 31,
   27  2002, and state fiscal  years  thereafter  UNTIL  MARCH  31,  2011,  the
   28  department of health is authorized to increase the operating cost compo-
   29  nent  of  rates  of payment for general hospital outpatient services and
   30  general hospital emergency room services issued  pursuant  to  paragraph
   31  (g) of subdivision 2 of section 2807 of the public health law for public
   32  general  hospitals,  as defined in subdivision 10 of section 2801 of the
   33  public health law, other than those operated by the state of New York or
   34  the state university of New York, and located in a  city  with  a  popu-
   35  lation  of  over  one  million, which experienced free patient visits in
   36  excess of twenty percent of their total self-pay and free patient visits
   37  based on data reported on exhibit 33 of their  1999  institutional  cost
   38  report  and  which  experienced uninsured outpatient losses in excess of
   39  seventy-five percent of their total inpatient and  outpatient  uninsured
   40  losses  based on data reported on exhibit 47 of their 1999 institutional
   41  cost report, of up to thirty-four million dollars for the period January
   42  1, 2002 through March 31, 2002 and up to one hundred thirty-six  million
   43  dollars annually for state fiscal years thereafter as medical assistance
   44  payments  for  outpatient  services pursuant to title 11 of article 5 of
   45  the social services law for  patients  eligible  for  federal  financial
   46  participation  under  title XIX of the federal social security act based
   47  on each such hospital's proportionate share of the sum of all outpatient
   48  visits for all facilities eligible for an adjustment  pursuant  to  this
   49  section for the base year two years prior to the rate year. Such propor-
   50  tionate share payment may be added to rates of payment or made as aggre-
   51  gate payments to eligible public general hospitals.
   52    S  20. Section 14 of part B of chapter 1 of the laws of 2002, relating
   53  to the health care reform act of 2000, is amended to read as follows:
   54    S 14. Notwithstanding any inconsistent provision of law or  regulation
   55  to  the  contrary,  and subject to the availability of federal financial
   56  participation pursuant to title XIX of the federal social security  act,
       A. 6007                            13
    1  effective  for  the  period  January 1, 2002 through March 31, 2002, and
    2  state fiscal years thereafter UNTIL MARCH 31, 2011,  the  department  of
    3  health  is  authorized to increase the operating cost component of rates
    4  of payment for general hospital outpatient services and general hospital
    5  emergency  room services issued pursuant to paragraph (g) of subdivision
    6  2 of section 2807 of the public health law for public general hospitals,
    7  as defined in subdivision 10 of section 2801 of the public  health  law,
    8  other  than those operated by the state of New York or the state univer-
    9  sity of New York, and located in a city with a population  of  over  one
   10  million,  which  experienced  free  patient  visits  in excess of twenty
   11  percent of their total self-pay and free patient visits  based  on  data
   12  reported on exhibit 33 of their 1999 institutional cost report and which
   13  experienced  uninsured  outpatient  losses  in  excess  of  seventy-five
   14  percent of their total inpatient and outpatient uninsured  losses  based
   15  on  data reported on exhibit 47 of their 1999 institutional cost report,
   16  of up to thirty-seven million dollars for the  period  January  1,  2002
   17  through March 31, 2002 and one hundred fifty-one million dollars annual-
   18  ly  for state fiscal years thereafter as medical assistance payments for
   19  outpatient services pursuant to title 11 of  article  5  of  the  social
   20  services  law  for patients eligible for federal financial participation
   21  under title XIX of the federal social security act based  on  each  such
   22  hospital's  proportionate  share of the sum of all outpatient visits for
   23  all facilities eligible for an adjustment pursuant to this  section  for
   24  the base year two years prior to the rate year. Such proportionate share
   25  payment  may  be added to rates of payment or made as aggregate payments
   26  to eligible public general hospitals.
   27    S 21. Notwithstanding any inconsistent provision of law, rule or regu-
   28  lation to the contrary, and  subject  to  the  availability  of  federal
   29  financial  participation  pursuant  to  title  XIX of the federal social
   30  security act, effective for the period April 1, 2011 through  March  31,
   31  2012,  and  state  fiscal  years thereafter, the department of health is
   32  authorized to increase the operating cost component of rates of  payment
   33  for  general hospital outpatient services and general hospital emergency
   34  room services issued pursuant to  paragraph  (g)  of  subdivision  2  of
   35  section  2807  of the public health law for public general hospitals, as
   36  defined in subdivision 10 of section 2801  of  the  public  health  law,
   37  other  than those operated by the state of New York or the state univer-
   38  sity of New York, and located in a  city  with  a  population  over  one
   39  million,  up  to  two  hundred  eighty-seven million dollars annually as
   40  medical assistance payments for outpatient services pursuant to title 11
   41  of article 5 of the social services law for patients eligible for feder-
   42  al financial participation under title XIX of the federal social securi-
   43  ty act based on such criteria and methodologies as the commissioner  may
   44  from time to time set through a memorandum of understanding with the New
   45  York  city  health and hospitals corporation, and such adjustments shall
   46  be paid by means of one or more estimated payments, with such  estimated
   47  payments  to be reconciled to the commissioner of health's final adjust-
   48  ment determinations after the disproportionate  share  hospital  payment
   49  adjustment  caps  have  been  calculated  for such period under sections
   50  1923(f) and (g) of the federal  social  security  act.  Such  adjustment
   51  payment  may  be added to rates of payment or made as aggregate payments
   52  to eligible public general hospitals.
   53    S 22. Section 16 of part A of chapter 1 of the laws of 2002,  relating
   54  to the health care reform act of 2000, is amended to read as follows:
   55    S  16. Any amounts provided pursuant to sections eleven, twelve, thir-
   56  teen and fourteen of this act shall be effective for purposes of  deter-
       A. 6007                            14
    1  mining  payments  for  public general hospitals contingent on receipt of
    2  all approvals required by federal law or regulations for federal  finan-
    3  cial participation in payments made pursuant to title XIX of the federal
    4  social  security  act. If federal approvals are not granted for payments
    5  based on such amounts or components thereof, payments to public  general
    6  hospitals  shall  be determined without consideration of such amounts or
    7  such components. Public general hospitals shall refund to the state,  or
    8  the   state  may  recoup  from  prospective  payments,  any  overpayment
    9  received, including those  based  on  a  retroactive  reduction  in  the
   10  payments.  Any  reduction in federal financial participation pursuant to
   11  title XIX of the federal social security act related  to  federal  upper
   12  payment  limits  APPLICABLE TO PUBLIC GENERAL HOSPITALS OTHER THAN THOSE
   13  OPERATED BY THE STATE OF NEW YORK OR THE STATE UNIVERSITY  OF  NEW  YORK
   14  shall  be deemed to apply first to amounts provided pursuant to sections
   15  eleven, twelve, thirteen and fourteen of this act AND SECTIONS  EIGHTEEN
   16  AND TWENTY-ONE OF A CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN.
   17    S 23.  Section 20 of part B of chapter 1 of the laws of 2002, relating
   18  to the health care reform act of 2000, is amended to read as follows:
   19    S  20. Any amounts provided pursuant to sections thirteen and fourteen
   20  of this act shall be effective for purposes of determining payments  for
   21  public general hospitals contingent on receipt of all approvals required
   22  by  federal  law  or  regulations for federal financial participation in
   23  payments made pursuant to title XIX of the federal social security  act.
   24  If  federal approvals are not granted for payments based on such amounts
   25  or components thereof, payments to public  general  hospitals  shall  be
   26  determined  without  consideration  of  such amounts or such components.
   27  Public general hospitals shall refund to the state,  or  the  state  may
   28  recoup  from  prospective  payments, any overpayment received, including
   29  those based on a retroactive reduction in the payments. Any reduction in
   30  federal financial participation pursuant to title  XIX  of  the  federal
   31  social  security  act related to federal upper payment limits APPLICABLE
   32  TO PUBLIC GENERAL HOSPITALS OTHER THAN THOSE OPERATED BY  THE  STATE  OF
   33  NEW  YORK  OR  THE STATE UNIVERSITY OF NEW YORK shall be deemed to apply
   34  first to amounts provided pursuant to sections thirteen and fourteen  of
   35  this  act  AND SECTIONS EIGHTEEN AND TWENTY-ONE OF A CHAPTER OF THE LAWS
   36  OF TWO THOUSAND FIFTEEN.
   37    S 23-a. Subdivision 6 of section 2807-s of the public  health  law  is
   38  amended by adding a new paragraph (g) to read as follows:
   39    (G)  A  FURTHER  GROSS ANNUAL AMOUNT ALLOCATED TO THE ROCHESTER REGION
   40  BEGINNING JANUARY FIRST, TWO THOUSAND SIXTEEN SHALL BE ONE  HUNDRED  TEN
   41  MILLION DOLLARS. SUCH AMOUNT SHALL BE EXCLUDED FROM ALL COMPUTATIONS AND
   42  ADJUSTMENTS MADE PURSUANT TO PARAGRAPH (B) OF SUBDIVISION SIX OF SECTION
   43  TWO THOUSAND EIGHT HUNDRED SEVEN-T OF THIS ARTICLE.
   44    S  23-b.  Subdivision  7 of section 2807-s of the public health law is
   45  amended by adding a new paragraph (d) to read as follows:
   46    (D)(I) FIVE MILLION DOLLARS OF THE FUNDS ALLOCATED PURSUANT  TO  PARA-
   47  GRAPH  (G)  OF SUBDIVISION SIX OF THIS SECTION SHALL BE DISTRIBUTED TO A
   48  REGIONAL HEALTH PLANNING ORGANIZATION FOR USE IN FUNDING REGIONAL HEALTH
   49  CARE IMPROVEMENT PROJECTS. THE  REGIONAL  HEALTH  PLANNING  ORGANIZATION
   50  SHALL  DISBURSE THOSE FUNDS IN ACCORDANCE WITH THIS PARAGRAPH, OR PURSU-
   51  ANT TO GRANTS MADE BY THE ORGANIZATION IN  ACCORDANCE  WITH  THIS  PARA-
   52  GRAPH.  DISTRIBUTION  OF  ANY  GRANT  FUNDS ADMINISTERED BY THE REGIONAL
   53  HEALTH PLANNING ORGANIZATION SHALL BE PURSUANT  TO  A  MULTI-STAKEHOLDER
   54  PROCESS.  THE REGIONAL HEALTH CARE IMPROVEMENT GRANT FUND PROJECTS SHALL
   55  INCLUDE THREE MILLION DOLLARS PER YEAR FOR  A  SHARED  COMMUNITY  HEALTH
   56  INFRASTRUCTURE DESIGNED ON THE BASIS OF COLLABORATIVE COMMUNITY EFFORTS,
       A. 6007                            15
    1  INCLUDING   COMMUNITY-WIDE   PATIENT   SAFETY  AND  QUALITY  IMPROVEMENT
    2  PROGRAMS, ELIMINATION OF HEALTH DISPARITIES, HEALTH INFORMATION TECHNOL-
    3  OGY, AND TWO MILLION DOLLARS TO FUND THE REGIONAL HEALTH PLANNING ORGAN-
    4  IZATION.   THE HEALTH PLANNING ORGANIZATION SHALL USE REASONABLE EFFORTS
    5  TO GENERATE MATCHING FUND CONTRIBUTIONS IN THE FORM OF GRANTS, DONATIONS
    6  AND OTHER CONTRIBUTIONS.
    7    (II) ONE HUNDRED FIVE MILLION DOLLARS OF THE FUNDS ALLOCATED  PURSUANT
    8  TO  PARAGRAPH  (G) OF SUBDIVISION SIX OF THIS SECTION SHALL BE ALLOCATED
    9  TO A NOT-FOR-PROFIT ORGANIZATION OR ASSOCIATION THAT HAS BEEN DESIGNATED
   10  THROUGH A MULTI-STAKEHOLDER PROCESS, WHICH SHALL DISTRIBUTE THOSE  FUNDS
   11  TO ALL OF THE HOSPITALS IN THE REGION ENGAGED IN GRADUATE MEDICAL EDUCA-
   12  TION  IN  ORDER  TO FUND GRADUATE MEDICAL EDUCATION. ONE HUNDRED MILLION
   13  DOLLARS OF SUCH FUNDING SHALL BE DISTRIBUTED PROPORTIONALLY TO  EACH  OF
   14  THE HOSPITALS IN AMOUNTS WHICH REFLECT EACH HOSPITAL'S CURRENT COSTS FOR
   15  GRADUATE  MEDICAL  EDUCATION,  AND  FIVE MILLION DOLLARS OF UNREIMBURSED
   16  ADMINISTRATIVE AND OTHER GRADUATE MEDICAL EDUCATION RELATED COSTS  SHALL
   17  BE ALLOCATED IN THE SAME PROPORTIONS. ONE HUNDRED MILLION DOLLARS OF THE
   18  DISTRIBUTED  FUNDS  SHALL BE IN LIEU OF CURRENT FUNDING OF SUCH COSTS AS
   19  CURRENTLY INCLUDED IN CLAIMS PAYMENTS BY SPECIFIED THIRD PARTY PAYORS IN
   20  THE REGION RESULTING IN A REDUCTION IN THE AMOUNT  PAID  BY  SUCH  THIRD
   21  PARTY  PAYORS  IN  AN  AMOUNT  EQUAL TO THE ONE HUNDRED MILLION DOLLARS.
   22  PRIOR TO THE ALLOCATION OF  FUNDS  PURSUANT  TO  THIS  SUBDIVISION,  THE
   23  PARTICIPATING  HOSPITALS  AND  SUCH  THIRD  PARTY PAYORS SHALL DEVELOP A
   24  PROCESS FOR THE DISTRIBUTION OF SUCH FUNDS AND  A  MECHANISM  TO  ENSURE
   25  THAT  THE  REQUIRED  REDUCTION OF PAYMENTS BY SUCH THIRD PARTY PAYORS TO
   26  THE HOSPITALS OCCURS. THE AFFECTED HOSPITALS AND THE THIRD PARTY  PAYORS
   27  IN  THE  REGION SHALL SELECT AN INDEPENDENT THIRD PARTY TO DETERMINE THE
   28  REDUCTIONS WHICH SHALL OCCUR FROM PREVIOUSLY NEGOTIATED RATES FOR CLAIMS
   29  PAYMENTS TO SUCH HOSPITALS BY SPECIFIED THIRD PARTY PAYORS IN  ORDER  TO
   30  AVOID  DUPLICATE FUNDING PURSUANT TO THIS PARAGRAPH. PRIOR TO THE IMPLE-
   31  MENTATION OF THESE PROVISIONS, A REPORT SHALL BE PREPARED BY SUCH  INDE-
   32  PENDENT   THIRD  PARTY  TO  ANALYZE  THE  ANTICIPATED  IMPACT  OF  THESE
   33  PROVISIONS ON GRADUATE MEDICAL EDUCATION AND THE PROMOTION OF  COMMUNITY
   34  HEALTH  IN THE ROCHESTER REGION. THE REPORT WILL CONSIDER: THE IMPACT OF
   35  THE PROPOSAL ON THE DEVELOPMENT AND RETENTION OF THE PHYSICIAN WORKFORCE
   36  IN ROCHESTER AND THE SURROUNDING REGION AS A RESULT OF  ITS  EFFECTS  ON
   37  THE SUPPORT OF GRADUATE MEDICAL EDUCATION; THE IMPACT OF THE PROPOSAL ON
   38  THE  HEALTHCARE  COMMUNITY  (INCLUDING  HOSPITALS  AND  OTHER HEALTHCARE
   39  PROVIDERS), THIRD PARTY PAYORS, THE BUSINESS  COMMUNITY  AND  CONSUMERS;
   40  AND THE OVERALL IMPACT OF THE PROPOSAL ON THE HEALTHCARE DELIVERY SYSTEM
   41  IN  THE  ROCHESTER  REGION,  INCLUDING  ITS SUPPORT FOR COMMUNITY HEALTH
   42  INITIATIVES AND HEALTHCARE PLANNING. THE REPORT WILL BE SUBMITTED TO THE
   43  SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE  SENATE  AND  TO
   44  THE COMMISSIONER OF HEALTH NO LATER THAN OCTOBER 1, 2015.
   45    S  24.    Subdivisions  7,  7-a  and 7-b of section 2807 of the public
   46  health law, subdivision 7 as amended by section 195 of part A of chapter
   47  389 of the laws of 1997, subdivision 7-a as amended by  chapter  938  of
   48  the laws of 1990, subdivision 7-b as added by chapter 731 of the laws of
   49  1993,  paragraph (b) of subdivision 7-b as amended by chapter 175 of the
   50  laws of 1997, are amended to read as follows:
   51    7. Reimbursement rate promulgation. The commissioner shall notify each
   52  [hospital] RESIDENTIAL HEALTH CARE FACILITY and  health-related  service
   53  of  its approved rates of payment which shall be used in reimbursing for
   54  services provided to persons eligible for payments made by state govern-
   55  mental agencies at least sixty days prior to the beginning of an  estab-
   56  lished  rate period for which the rate is to become effective. Notifica-
       A. 6007                            16
    1  tion shall be made only after approval of rate schedules  by  the  state
    2  director  of  the  budget. The [sixty and thirty day] notice provisions,
    3  herein, shall not apply to rates issued following judicial annulment  or
    4  invalidation of any previously issued rates, or rates issued pursuant to
    5  changes  in  the  methodology  used  to  compute rates which changes are
    6  promulgated following the judicial annulment or invalidation  of  previ-
    7  ously issued rates.  Notwithstanding any provision of law to the contra-
    8  ry,  nothing  in  this  subdivision shall prohibit the recalculation and
    9  payment of rates, including  both  positive  and  negative  adjustments,
   10  based  on  a  reconciliation  of amounts paid by residential health care
   11  facilities beginning April  first,  nineteen  hundred  ninety-seven  for
   12  additional  assessments  or  further  additional assessments pursuant to
   13  section twenty-eight hundred seven-d of this article  with  the  amounts
   14  originally recognized for reimbursement purposes.
   15    [7-a.  Notwithstanding  any inconsistent provision of law, with regard
   16  to a general hospital the provisions of subdivisions four and  seven  of
   17  this  section  and  the provisions of section eighteen of chapter two of
   18  the laws of nineteen hundred eighty-eight relating to the requirement of
   19  prior notice and the time frames for notice, approval  or  certification
   20  of  rates  of payment, maximum rates of payment or maximum charges where
   21  not otherwise waived pursuant to law shall be applicable  only  to  such
   22  rates  of  payment  or  maximum charges prospectively established for an
   23  annual rate period and such provisions shall  not  be  applicable  to  a
   24  general hospital with regard to prospective adjustments or retrospective
   25  adjustments  of  established  rates of payment or maximum charges for or
   26  during an annual rate period based on correction of errors or  omissions
   27  of  data  or  in computation, rate appeals, audits or other rate adjust-
   28  ments authorized by law or regulations adopted pursuant to section twen-
   29  ty-eight hundred three of this article.
   30    7-b. Notification of diagnostic and treatment center  approved  rates.
   31  (a)  For  rate periods or portions of rate periods beginning on or after
   32  October first, nineteen  hundred  ninety-four,  the  commissioner  shall
   33  notify  each  diagnostic  and  treatment center of its approved rates of
   34  payment, which shall be used in the reimbursement for services  provided
   35  to  persons eligible for payments made by state governmental agencies at
   36  least thirty days prior to the beginning of the period  for  which  such
   37  rates are to become effective.
   38    (b)] (A) Notwithstanding any contrary provision of law, all diagnostic
   39  and  treatment centers certified on or before September second, nineteen
   40  hundred ninety-seven shall, not later than  September  second,  nineteen
   41  hundred  ninety-seven,  notify  the  commissioner whether they intend to
   42  maintain all books and records utilized by the diagnostic and  treatment
   43  center  for cost reporting and reimbursement purposes on a calendar year
   44  basis or, commencing on July first, nineteen hundred  ninety-six,  on  a
   45  July  first  through June thirtieth basis, and shall thereafter maintain
   46  all books and records  on  such  basis.  All  diagnostic  and  treatment
   47  centers  certified after September second, nineteen hundred ninety-seven
   48  shall notify the commissioner at the time of certification whether  they
   49  intend  to maintain all books and records on a calendar year basis or on
   50  [or] a July first through June thirtieth  basis,  and  shall  thereafter
   51  maintain all books and records on such a basis.
   52    [(c)] (B) The books and records maintained pursuant to paragraph [(b)]
   53  (A)  of  this  subdivision  shall  be utilized and made available to the
   54  commissioner in promulgating rates of payment for  annual  rate  periods
   55  beginning on or after October first, nineteen hundred ninety-seven.
       A. 6007                            17
    1    [(d)]  (C)  Notwithstanding  any provision of the law to the contrary,
    2  rates of payment established in accordance with paragraph [(b)]  (A)  as
    3  amended,  and  paragraph  (f) of subdivision two of this section for the
    4  rate period beginning April first, nineteen hundred  ninety-three  shall
    5  continue  in  effect through September thirtieth, nineteen hundred nine-
    6  ty-four, and applicable trend factors shall be applied to  that  portion
    7  of  such  rates of payment for the rate period which begins April first,
    8  nineteen hundred ninety-four.
    9    S 24-a. Section 2803-l of the public health law, as amended by chapter
   10  639 of the laws of 1996, is amended to read as follows:
   11    S 2803-l. Community service plans. 1.  The governing body of a  volun-
   12  tary  non-profit general hospital OR THE SPONSORING ENTITY OF A PERFORM-
   13  ING PROVIDER SYSTEM  ("PPS")  PARTICIPATING  IN  THE  MEDICAID  DELIVERY
   14  SYSTEM  REFORM  INCENTIVE PAYMENT ("DSRIP") PROGRAM must issue an organ-
   15  izational mission statement identifying at a minimum the populations and
   16  communities served by the hospital OR THE  PPS  and  the  hospital's  OR
   17  PPS'S commitment to meeting the health care needs of the community.
   18    2.  The  governing  body  OR PPS SPONSORING ENTITY must at least every
   19  three years IN THE CASE OF A HOSPITAL AND EVERY TWO YEARS IN THE CASE OF
   20  A PPS:
   21    (i) review and amend as necessary the [hospital] mission statement;
   22    (ii) solicit the views of the communities served by  the  hospital  OR
   23  PPS  on  such issues as [the hospital's] performance and service priori-
   24  ties;
   25    (iii) demonstrate the hospital's OR PPS'S  operational  and  financial
   26  commitment  to  meeting  community health care needs, to provide charity
   27  care services and to improve access  to  health  care  services  by  the
   28  underserved; and
   29    (iv) prepare and make available to the public a statement showing on a
   30  combined  basis  a summary of the financial resources of the hospital OR
   31  PPS and related corporations and the allocation of  available  resources
   32  to  hospital  OR PPS purposes including the provision of free or reduced
   33  charge services.
   34    3. The governing body OR SPONSORING ENTITY OF  A  PPS  must  at  least
   35  annually  prepare  and  make  available  to the public an implementation
   36  report regarding the hospital's OR  PPS'S  performance  in  meeting  the
   37  health care needs of the community, providing charity care services, and
   38  improving access to health care services by the underserved.
   39    4.    The governing body OR SPONSORING ENTITY OF A PPS shall file with
   40  the  commissioner  its  mission  statement,  its  annual  implementation
   41  report,  and at least every three years a report detailing amendments to
   42  the statement and reflecting changes in the hospital's OR  PPS'S  opera-
   43  tional  and financial commitment to meeting the health care needs of the
   44  community, providing charity care  services,  and  improving  access  to
   45  health care services by the underserved.
   46    S  24-b. Paragraphs (c), (d) and (e) of subdivision 20 of section 2807
   47  of the public health law, as added by section 8-a of part A  of  chapter
   48  60  of  the laws of 2014, are relettered paragraphs (d), (e) and (f) and
   49  amended and a new paragraph (c) is added to read as follows:
   50    (C) (I) PERFORMING PROVIDER SYSTEMS COMMUNITY ADVISORY BOARDS.  1. THE
   51  SPONSORING ENTITY OF EACH PERFORMING PROVIDER SYSTEM ("PPS") PARTICIPAT-
   52  ING IN THE MEDICAID DELIVERY SYSTEM REFORM INCENTIVE  PAYMENT  ("DSRIP")
   53  SHALL ESTABLISH A COMMUNITY ADVISORY BOARD, OR BOARDS BASED ON GEOGRAPH-
   54  IC  SERVICE AREAS. THE COMMUNITY ADVISORY BOARD OR BOARDS SHALL CONSIDER
   55  AND ADVISE THE PPS UPON THE PPS'S MISSION STATEMENT AND ANNUAL IMPLEMEN-
   56  TATION REPORT UNDER SECTION TWENTY-EIGHT HUNDRED THREE-L OF  THIS  ARTI-
       A. 6007                            18
    1  CLE, MATTERS CONCERNING OPERATIONAL ASPECTS OF THE PPS, SERVICE DELIVERY
    2  ISSUES,  ELIMINATION  OF HEALTH CARE DISPARITIES, MEASUREMENT OF PROJECT
    3  OUTCOMES, THE DEGREE TO WHICH PROJECT GOALS ARE BEING  REACHED  AND  THE
    4  DEVELOPMENT  OF  ANY PLANS OR PROGRAMS. THE PPS MAY ESTABLISH RULES WITH
    5  RESPECT TO ITS COMMUNITY ADVISORY BOARD OR BOARDS.
    6    (II) THE MEMBERS OF THE COMMUNITY ADVISORY BOARD OR  BOARDS  SHALL  BE
    7  REPRESENTATIVES OF THE COMMUNITY, OR GEOGRAPHIC SERVICE AREAS, SERVED BY
    8  THE  PPS,  INCLUDING  MEDICAID CONSUMERS ATTRIBUTED TO THAT PPS. THE PPS
    9  SHALL FILE WITH THE COMMISSIONER, AND  FROM  TIME  TO  TIME  UPDATE,  AN
   10  UP-TO-DATE  LIST OF THE MEMBERS OF THE PPS'S COMMUNITY ADVISORY BOARD OR
   11  BOARDS, WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC BY THE  PPS  ON  ITS
   12  WEBSITE  AND  SHALL BE MADE AVAILABLE TO THE PUBLIC BY THE DEPARTMENT ON
   13  ITS WEBSITE.
   14    (III) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, NO OFFICER OR
   15  EMPLOYEE OF THE STATE OR OF ANY CIVIL DIVISION THEREOF, SHALL BE  DEEMED
   16  TO  HAVE  FORFEITED  OR SHALL FORFEIT HIS OR HER OFFICE OR EMPLOYMENT BY
   17  REASON OF HIS OR HER ACCEPTANCE OF MEMBERSHIP ON  A  COMMUNITY  ADVISORY
   18  BOARD  OR  BOARDS. NO MEMBER OF A COMMUNITY ADVISORY BOARD SHALL RECEIVE
   19  COMPENSATION OR ALLOWANCE FOR SERVICES RENDERED ON THE  COMMUNITY  ADVI-
   20  SORY  BOARD, EXCEPT, HOWEVER, THAT MEMBERS OF A COMMUNITY ADVISORY BOARD
   21  MAY BE REIMBURSED BY THE PPS FOR NECESSARY EXPENSES INCURRED IN RELATION
   22  TO SERVICE ON A COMMUNITY ADVISORY BOARD.
   23    (d) For periods on and after April first, two thousand  fourteen,  the
   24  commissioner  shall  provide a report on a quarterly basis to the chairs
   25  of the senate finance, assembly ways and means, senate health and assem-
   26  bly health committees with regard to the status of  the  DSRIP  program.
   27  Such reports shall be submitted no later than sixty days after the close
   28  of the quarter, and shall include the most current information submitted
   29  by  providers  to  the  state  and  the  federal  CMS. The reports shall
   30  include:
   31    (i) analysis of progress made toward DSRIP goals;
   32    (ii) the impact on the state's health care delivery system;
   33    (iii) information on the number and types  of  providers  who  partic-
   34  ipate;
   35    (iv)  plans  and  progress  for  monitoring  provider  compliance with
   36  requirements;
   37    (v) a status update on project milestone progress;
   38    (vi) information on project spending and budget;
   39    (vii) analysis of impact on Medicaid beneficiaries served;
   40    (viii) a summary of public engagement and public comments received;
   41    (ix) a description of DSRIP funding applications that were denied;
   42    (x) a description of all regulation waivers issued pursuant  to  para-
   43  graph [(e)] (F) of this subdivision; and
   44    (xi) a summary of the statewide geographic distribution of funds.
   45    (e)  For  periods  on and after April first, two thousand fourteen the
   46  commissioner shall promptly make all DSRIP governing documents,  includ-
   47  ing  1115  waiver  standard terms and conditions, supporting attachments
   48  and detailed project descriptions, and all materials made  available  to
   49  the  legislature  pursuant  to  paragraph [(c)] (D) of this subdivision,
   50  available on the  department's  website.  The  commissioner  shall  also
   51  provide  a detailed overview on the department's website of the opportu-
   52  nities for public comment on the DSRIP program.
   53    (f) Notwithstanding any provision of law to the contrary, the  commis-
   54  sioners  of  the  department of health, the office of mental health, the
   55  office for people with developmental disabilities,  and  the  office  of
   56  alcoholism  and  substance  abuse  services  are authorized to waive any
       A. 6007                            19
    1  regulatory requirements as are  necessary,  consistent  with  applicable
    2  law,  to  allow  applicants  under this subdivision and paragraph (a) of
    3  subdivision two of section  twenty-eight  hundred  twenty-five  of  this
    4  article  to avoid duplication of requirements and to allow the efficient
    5  implementation of the proposed project; provided,  however,  that  regu-
    6  lations  pertaining  to  patient safety may not be waived, nor shall any
    7  regulations be waived if such waiver would  risk  patient  safety.  Such
    8  waiver  shall  not  exceed  the life of the project or such shorter time
    9  periods as the authorizing commissioner may  determine.  Any  regulatory
   10  relief  granted pursuant to this subdivision shall be described, includ-
   11  ing each regulations waived and the project it relates to, in the report
   12  provided pursuant to paragraph [(c)] (D) of this subdivision.
   13    S 25.  Section 365-l of the social services law is amended by adding a
   14  new subdivision 2-b to read as follows:
   15    2-B. THE COMMISSIONER IS AUTHORIZED TO  MAKE  GRANTS  UP  TO  A  GROSS
   16  AMOUNT OF FIVE MILLION DOLLARS, TO ESTABLISH COORDINATION BETWEEN HEALTH
   17  HOMES  AND THE CRIMINAL JUSTICE SYSTEM AND FOR THE INTEGRATION OF INFOR-
   18  MATION OF HEALTH HOMES WITH STATE AND LOCAL CORRECTIONAL FACILITIES,  TO
   19  THE EXTENT PERMITTED BY LAW.  HEALTH HOMES RECEIVING SUCH FUNDS SHALL BE
   20  REQUIRED TO DOCUMENT AND DEMONSTRATE THE EFFECTIVE USE OF FUNDS DISTRIB-
   21  UTED HEREIN.
   22    S 26. Intentionally omitted.
   23    S 27. Intentionally omitted.
   24    S  28.   Subdivisions 6 and 7 of section 369-gg of the social services
   25  law are renumbered subdivisions 7 and 8 and a new subdivision 6 is added
   26  to read as follows:
   27    6. RATES OF PAYMENT.  (A) THE COMMISSIONER SHALL SELECT  AND  CONTRACT
   28  WITH   AN   INDEPENDENT  ACTUARY  TO  STUDY  AND  RECOMMEND  APPROPRIATE
   29  REIMBURSEMENT METHODOLOGIES FOR THE COST OF HEALTH CARE SERVICE COVERAGE
   30  PURSUANT TO THIS TITLE. SUCH INDEPENDENT ACTUARY SHALL REVIEW  AND  MAKE
   31  RECOMMENDATIONS CONCERNING APPROPRIATE ACTUARIAL ASSUMPTIONS RELEVANT TO
   32  THE  ESTABLISHMENT  OF  REIMBURSEMENT  METHODOLOGIES,  INCLUDING BUT NOT
   33  LIMITED TO: THE ADEQUACY OF RATES OF PAYMENT IN RELATION  TO  THE  POPU-
   34  LATION  TO  BE  SERVED  ADJUSTED  FOR CASE MIX, THE SCOPE OF HEALTH CARE
   35  SERVICES APPROVED ORGANIZATIONS MUST PROVIDE, THE  UTILIZATION  OF  SUCH
   36  SERVICES AND THE NETWORK OF PROVIDERS REQUIRED TO MEET STATE STANDARDS.
   37    (B)  UPON  CONSULTATION  WITH  THE  INDEPENDENT  ACTUARY  AND ENTITIES
   38  REPRESENTING APPROVED  ORGANIZATIONS,  THE  COMMISSIONER  SHALL  DEVELOP
   39  REIMBURSEMENT  METHODOLOGIES  AND FEE SCHEDULES FOR DETERMINING RATES OF
   40  PAYMENT, WHICH RATES SHALL BE APPROVED BY THE DIRECTOR OF  THE  DIVISION
   41  OF  THE  BUDGET,  TO BE MADE BY THE DEPARTMENT TO APPROVED ORGANIZATIONS
   42  FOR THE COST OF HEALTH CARE SERVICES COVERAGE PURSUANT  TO  THIS  TITLE.
   43  SUCH   REIMBURSEMENT   METHODOLOGIES   AND  FEE  SCHEDULES  MAY  INCLUDE
   44  PROVISIONS FOR CAPITATION ARRANGEMENTS.
   45    (C) THE COMMISSIONER SHALL HAVE  THE  AUTHORITY  TO  PROMULGATE  REGU-
   46  LATIONS,  INCLUDING  EMERGENCY  REGULATIONS, NECESSARY TO EFFECTUATE THE
   47  PROVISIONS OF THIS SUBDIVISION.
   48    S 29. Section 1 of part B of chapter 59 of the laws of 2011,  amending
   49  the  public  health law relating to rates of payment and medical assist-
   50  ance, is amended to read as follows:
   51    Section 1.   (a) Notwithstanding any inconsistent  provision  of  law,
   52  rule  or  regulation to the contrary, and subject to the availability of
   53  federal financial participation, effective for the period April 1,  2011
   54  through  March  31,  2012,  and  each  state fiscal year thereafter, the
   55  department  of  health  is  authorized  to  make  supplemental  Medicaid
   56  payments OR SUPPLEMENTAL MEDICAID MANAGED CARE PAYMENTS for professional
       A. 6007                            20
    1  services  provided  by  physicians,  nurse  practitioners  and physician
    2  assistants who are participating in a plan for the management  of  clin-
    3  ical  practice  at  the State University of New York, in accordance with
    4  title  11  of article 5 of the social services law for patients eligible
    5  for federal financial participation  under  title  XIX  of  the  federal
    6  social security act, in amounts that will increase fees for such profes-
    7  sional services to an amount equal to the average commercial or Medicare
    8  rate that would otherwise be received for such services rendered by such
    9  physicians,  nurse  practitioners  and  physician assistants. The calcu-
   10  lation of such supplemental fee payments shall  be  made  in  accordance
   11  with  applicable  federal law and regulation and subject to the approval
   12  of the division of the budget. Such supplemental Medicaid  fee  payments
   13  may  be added to the professional fees paid under the fee schedule [or],
   14  made as aggregate lump sum payments to eligible clinical practice  plans
   15  authorized to receive professional fees OR MADE AS SUPPLEMENTAL PAYMENTS
   16  MADE  FOR  SUCH  PURPOSE  AS  DESCRIBED  HEREIN TO MEDICAID MANAGED CARE
   17  ORGANIZATIONS. SUPPLEMENTAL MEDICAID MANAGED CARE  PAYMENTS  UNDER  THIS
   18  SECTION  SHALL  BE DISTRIBUTED TO PROVIDERS AS DETERMINED BY THE MANAGED
   19  CARE MODEL CONTRACT AND MAY UTILIZE MANAGED CARE  ORGANIZATION  REPORTED
   20  ENCOUNTER DATA AND OTHER SUCH METRICS AS DETERMINED BY THE DEPARTMENT OF
   21  HEALTH  IN  ORDER  TO  ENSURE RATES OF PAYMENT EQUIVALENT TO THE AVERAGE
   22  COMMERCIAL OR MEDICARE RATE THAT WOULD OTHERWISE BE  RECEIVED  FOR  SUCH
   23  SERVICES  RENDERED BY SUCH PHYSICIANS, NURSE PRACTITIONERS AND PHYSICIAN
   24  ASSISTANTS.
   25    (b) The affiliated State University of New York health science centers
   26  shall be responsible for payment of one hundred percent of the  non-fed-
   27  eral  share of such supplemental Medicaid payments OR SUPPLEMENTAL MEDI-
   28  CAID MANAGED CARE PAYMENTS for  all  services  provided  by  physicians,
   29  nurse  practitioners and physician assistants who are participating in a
   30  plan for the management of clinical practice, in accordance with section
   31  365-a of the social services law, regardless of whether  another  social
   32  services district or the department of health may otherwise be responsi-
   33  ble  for furnishing medical assistance to the eligible persons receiving
   34  such services.
   35    S 30. Section 93 of part H of chapter 59 of the laws of 2011, amending
   36  the public health law relating to general hospital inpatient  reimburse-
   37  ment for annual rates, is amended to read as follows:
   38    S  93.  1.  Notwithstanding any inconsistent provision of law, rule or
   39  regulation to the contrary, and subject to the availability  of  federal
   40  financial  participation, effective for the period April 1, 2011 through
   41  March 31, 2012, and each state fiscal year thereafter, the department of
   42  health is authorized to make supplemental Medicaid payments  OR  SUPPLE-
   43  MENTAL MEDICAID MANAGED CARE PAYMENTS for professional services provided
   44  by  physicians,  nurse  practitioners  and  physician assistants who are
   45  employed by a public benefit corporation or a non-state operated  public
   46  general  hospital  operated  by  a public benefit corporation or who are
   47  providing professional services at a facility  of  such  public  benefit
   48  corporation  as  either  a member of a practice plan or an employee of a
   49  professional corporation or limited liability corporation under contract
   50  to provide services to patients of such a public benefit corporation, in
   51  accordance with title 11 of article 5 of the  social  services  law  for
   52  patients eligible for federal financial participation under title XIX of
   53  the  federal social security act, in amounts that will increase fees for
   54  such professional services to an amount equal  to  either  the  Medicare
   55  rate or the average commercial rate that would otherwise be received for
   56  such  services  rendered  by  such  physicians,  nurse practitioners and
       A. 6007                            21
    1  physician assistants, provided,  however,  that  such  supplemental  fee
    2  payments  shall  not  be  available  with regard to services provided at
    3  facilities participating in the Medicare  Teaching  Election  Amendment.
    4  The  calculation  of  such  supplemental  fee  payments shall be made in
    5  accordance with applicable federal law and regulation and subject to the
    6  approval of the division of the budget.  Such supplemental Medicaid  fee
    7  payments may be added to the professional fees paid under the fee sched-
    8  ule  [or], made as aggregate lump sum payments to entities authorized to
    9  receive professional fees OR MADE AS SUPPLEMENTAL PAYMENTS MADE FOR SUCH
   10  PURPOSE AS DESCRIBED HEREIN  TO  MEDICAID  MANAGED  CARE  ORGANIZATIONS.
   11  SUPPLEMENTAL  MEDICAID MANAGED CARE PAYMENTS UNDER THIS SECTION SHALL BE
   12  DISTRIBUTED TO  PROVIDERS  AS  DETERMINED  BY  THE  MANAGED  CARE  MODEL
   13  CONTRACT  AND  MAY  UTILIZE MANAGED CARE ORGANIZATION REPORTED ENCOUNTER
   14  DATA AND OTHER SUCH METRICS AS DETERMINED BY THE DEPARTMENT OF HEALTH IN
   15  ORDER TO ENSURE RATES OF PAYMENT EQUIVALENT TO THE AVERAGE COMMERCIAL OR
   16  MEDICARE RATE  THAT  WOULD  OTHERWISE  BE  RECEIVED  FOR  SUCH  SERVICES
   17  RENDERED  BY  SUCH PHYSICIANS, NURSE PRACTITIONERS AND PHYSICIAN ASSIST-
   18  ANTS.
   19    2. The supplemental Medicaid payments OR SUPPLEMENTAL MEDICAID MANAGED
   20  CARE PAYMENTS for professional services authorized by subdivision one of
   21  this section may be made only at the  election  of  the  public  benefit
   22  corporation or the local social services district in which the non-state
   23  operated public general hospital is located. The electing public benefit
   24  corporation or local social services district shall, notwithstanding the
   25  social services district Medicaid cap provisions of Part C of chapter 58
   26  of  the  laws of 2005, be responsible for payment of one hundred percent
   27  of the non-federal share of  such  supplemental  Medicaid  payments,  in
   28  accordance  with section 365-a of the social services law, regardless of
   29  whether another social services district or the department of health may
   30  otherwise be responsible for furnishing medical assistance to the eligi-
   31  ble persons receiving such services. Social services district or  public
   32  benefit  corporation  funding  of  the  non-federal  share  of  any such
   33  payments shall be deemed to be voluntary for purposes of  the  increased
   34  federal  medical assistance percentage provisions of the American Recov-
   35  ery and Reinvestment Act of 2009, provided, however, that in  the  event
   36  the  federal  Centers for Medicare and Medicaid Services determines that
   37  such non-federal share payments are not voluntary payments for  purposes
   38  of such act, the provisions of this section shall be null and void.
   39    S  30-a.  Subdivision 1 of section 364-j of the social services law is
   40  amended by adding a new paragraph (w) to read as follows:
   41    (W) "SCHOOL-BASED HEALTH CENTER." A CLINIC LICENSED OR SPONSORED BY  A
   42  FACILITY  LICENSED  UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW,
   43  WHICH PROVIDES PRIMARY HEALTH CARE SERVICES  WHICH  MAY  INCLUDE  URGENT
   44  CARE, WELL CHILD CARE, REPRODUCTIVE HEALTH CARE, DENTAL CARE, BEHAVIORAL
   45  HEALTH  SERVICES,  VISION  CARE,  AND  MANAGEMENT OF CHRONIC DISEASES TO
   46  CHILDREN AND ADOLESCENTS WITHIN AN ELEMENTARY, SECONDARY  OR  PREKINDER-
   47  GARTEN PUBLIC SCHOOL SETTING.
   48    S  30-b.  Subdivision 2 of section 364-j of the social services law is
   49  amended by adding a new paragraph (d) to read as follows:
   50    (D)(I) THE  COMMISSIONER  OF  HEALTH  IS  AUTHORIZED  TO  INCLUDE  THE
   51  SERVICES  OF  SCHOOL-BASED HEALTH CENTERS DESIGNATED BY THE COMMISSIONER
   52  OF HEALTH, IN THE MANAGED CARE PROGRAM PURSUANT TO THIS SECTION  ON  AND
   53  AFTER  JULY  FIRST,  TWO THOUSAND FIFTEEN, COMMENCING WITH NO FEWER THAN
   54  THREE SCHOOL-BASED HEALTH CENTERS, THAT VOLUNTEER TO BE PART OF A  PILOT
   55  PROJECT  FOR  A  PERIOD  OF  TWO YEARS. THE COMMISSIONER OF HEALTH SHALL
   56  PROVIDE AN INTERIM REPORT ON THE IMPLEMENTATION OF THE PILOT PROJECT  TO
       A. 6007                            22
    1  THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON
    2  OR  BEFORE  JULY FIRST, TWO THOUSAND SIXTEEN. THE COMMISSIONER OF HEALTH
    3  SHALL PROVIDE A FINAL REPORT ON THE IMPLEMENTATION OF THE PILOT  PROJECT
    4  TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY
    5  ON  OR  BEFORE  JANUARY  FIRST, TWO THOUSAND SEVENTEEN. SUCH INTERIM AND
    6  FINAL REPORTS SHALL INCLUDE BUT NOT BE LIMITED TO INFORMATION CONCERNING
    7  ACCESS BY CHILDREN AND ADOLESCENTS  TO  PRIMARY  HEALTH  CARE  SERVICES,
    8  URGENT  CARE  SERVICES,  SERVICES FOR THE MANAGEMENT OF CHRONIC DISEASE,
    9  WELL CHILD CARE, AND DENTAL CARE, AND THE  TIMELINESS  AND  ADEQUACY  OF
   10  PAYMENT TO SCHOOL-BASED HEALTH CENTERS BY MANAGED CARE PROVIDERS.
   11    (II) ON AND AFTER JULY FIRST, TWO THOUSAND SEVENTEEN, THE COMMISSIONER
   12  OF  HEALTH  IS AUTHORIZED TO INCLUDE THE SERVICES OF SCHOOL-BASED HEALTH
   13  CENTERS IN THE MANAGED CARE PROGRAM ON A  PHASED-IN  SCHEDULE  BASED  ON
   14  GEOGRAPHY  AND  THE CAPABILITY OF THE SCHOOL-BASED HEALTH CENTER AND THE
   15  MANAGED CARE PROVIDER TO PARTICIPATE IN THE PROGRAM. SUCH ASSESSMENT  OF
   16  CAPABILITY  TO  PARTICIPATE  IN THE PROGRAM SHALL BE MADE BY THE COMMIS-
   17  SIONER OF HEALTH  AFTER  CONSULTATION  WITH  THE  INVOLVED  SCHOOL-BASED
   18  HEALTH  CENTER,  THE  ORGANIZATION  SPONSORING  THE  SCHOOL-BASED HEALTH
   19  CENTER, IF ANY, AND THE  MANAGED  CARE  PROVIDER.  THE  COMMISSIONER  OF
   20  HEALTH  SHALL TAKE INTO CONSIDERATION ANY RELEVANT FINDINGS OF THE FINAL
   21  AND INTERIM REPORTS.
   22    (III) THIS PARAGRAPH SHALL NOT APPLY TO BEHAVIORAL HEALTH  AND  REPRO-
   23  DUCTIVE HEALTH CARE SERVICES PROVIDED BY SCHOOL-BASED HEALTH CENTERS.
   24    S  30-c.  Subdivision 3 of section 364-j of the social services law is
   25  amended by adding a new paragraph (d-2) to read as follows:
   26    (D-2)(I) HEALTH CARE SERVICES PROVIDED BY SCHOOL-BASED HEALTH  CENTERS
   27  SHALL  NOT  BE PROVIDED TO MEDICAL ASSISTANCE RECIPIENTS THROUGH MANAGED
   28  CARE PROGRAMS ESTABLISHED UNDER THIS SECTION, EXCEPT AS AUTHORIZED UNDER
   29  PARAGRAPH (D) OF SUBDIVISION TWO OF THIS SECTION.
   30    (II) BEHAVIORAL HEALTH AND REPRODUCTIVE HEALTH CARE SERVICES  PROVIDED
   31  BY  SCHOOL-BASED HEALTH CENTERS SHALL NOT BE PROVIDED TO MEDICAL ASSIST-
   32  ANCE RECIPIENTS THROUGH MANAGED CARE  PROGRAMS  ESTABLISHED  UNDER  THIS
   33  SECTION.
   34    (III)  WHERE  HEALTH CARE SERVICES ARE PROVIDED BY SCHOOL-BASED HEALTH
   35  CENTERS TO MEDICAL  ASSISTANCE  OTHER  THAN  THROUGH  THE  MANAGED  CARE
   36  PROGRAM,  THE  SERVICES  SHALL BE PAID FOR IN ACCORDANCE WITH APPLICABLE
   37  REIMBURSEMENT  METHODOLOGIES.  APPLICABLE  REIMBURSEMENT   METHODOLOGIES
   38  SHALL MEAN:
   39    (A) FOR SCHOOL-BASED HEALTH CENTERS SPONSORED BY A FEDERALLY QUALIFIED
   40  HEALTH  CENTER,  RATES  OF  REIMBURSEMENT AND REQUIREMENTS IN ACCORDANCE
   41  WITH THOSE MANDATED BY 42 U.S.C. SECS. 1396A(BB), 1396(M)(2)(A)(IX)  AND
   42  1936(A)(13)(C); AND
   43    (B)  FOR  SCHOOL-BASED  HEALTH CENTERS SPONSORED BY AN ENTITY LICENSED
   44  PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW THAT IS NOT  A
   45  FEDERALLY  QUALIFIED HEALTH CENTER, RATES OF REIMBURSEMENT AT THE OTHER-
   46  WISE-APPLICABLE AMBULATORY PATIENT GROUP RATE FOR THE SERVICE.
   47    (C) FOR THE PURPOSES OF THIS PARAGRAPH, THE  TERM  "BEHAVIORAL  HEALTH
   48  SERVICES"  SHALL  MEAN  BEHAVIORAL  HEALTH  SERVICES  INCLUDING: PRIMARY
   49  PREVENTION, INDIVIDUAL MENTAL HEALTH ASSESSMENT, TREATMENT  AND  FOLLOW-
   50  UP,  CRISIS  INTERVENTION,  GROUP  AND  FAMILY COUNSELING, AND SHORT AND
   51  LONG-TERM  COUNSELING;  BEHAVIORAL  HEALTH  SERVICES  ARE  HEALTH   CARE
   52  SERVICES.
   53    S  30-d.  The  social  services law is amended by adding a new section
   54  364-j-3 to read as follows:
   55    S 364-J-3. INDEPENDENT CONSUMER ADVOCACY NETWORK. 1. THERE  IS  HEREBY
   56  ESTABLISHED IN THE DEPARTMENT OF HEALTH AN INDEPENDENT OMBUDSMAN PROGRAM
       A. 6007                            23
    1  KNOWN  AS THE INDEPENDENT CONSUMER ADVOCACY NETWORK (REFERRED TO IN THIS
    2  SECTION AS "ICAN") TO PROVIDE COMMUNITY  CONTACT  AND  INVOLVEMENT  WITH
    3  ENROLLEES IN MEDICAID MANAGED CARE PROGRAMS UNDER THIS ARTICLE AND ARTI-
    4  CLE  FORTY-FOUR OF THE PUBLIC HEALTH LAW, AND ANY OTHER MEDICAID COORDI-
    5  NATED CARE PROGRAM; APPLICANTS AND RECIPIENTS WHO MAY  BE  ELIGIBLE  FOR
    6  ENROLLMENT IN ANY OF THOSE MEDICAID PROGRAMS; AND REPRESENTATIVES, ADVO-
    7  CATES,  CAREGIVERS,  AND  FAMILY MEMBERS OF THOSE ENROLLEES, APPLICANTS,
    8  AND RECIPIENTS. THE COMMISSIONER OF HEALTH SHALL DESIGNATE (WHICH MAY BE
    9  DONE THROUGH A REQUEST FOR PROPOSALS PROCESS BEING UNDERTAKEN (UPON  THE
   10  EFFECTIVE  DATE OF THIS SECTION) AND CONTRACT WITH AN ENTITY TO FUNCTION
   11  AS THE ICAN. THE ENTITY SHALL BE A NOT-FOR-PROFIT CORPORATION WITH EXPE-
   12  RIENCE ADMINISTERING A STATEWIDE PROGRAM OF ASSISTING AND ADVOCATING FOR
   13  CONSUMERS IN MATTERS RELATING TO  HEALTH  COVERAGE  AND  A  DEMONSTRATED
   14  ABILITY  TO  ASSEMBLE  AND  MANAGE  A STATEWIDE NETWORK OF PARTICIPATING
   15  ORGANIZATIONS IN THAT  PROGRAM.  UNLESS  THE  CONTEXT  CLEARLY  REQUIRES
   16  OTHERWISE,  AS USED IN THIS SECTION, "ICAN ENTITY" SHALL MEAN THE ENTITY
   17  DESIGNATED UNDER THIS SUBDIVISION AND ANY PARTICIPATING ORGANIZATION  OF
   18  THE  ENTITY.  THE  ICAN ENTITY SHALL BE AUTHORIZED TO CONDUCT ACTIVITIES
   19  INCLUDING, BUT NOT LIMITED TO:
   20    (A) EDUCATING AND CONSULTING WITH ENROLLEES,  APPLICANTS,  RECIPIENTS,
   21  REPRESENTATIVES,  ADVOCATES,  FAMILY MEMBERS, CAREGIVERS, RESIDENT COUN-
   22  CILS OF FACILITIES HOUSING A SUBSTANTIAL NUMBER OF  MEDICAID  APPLICANTS
   23  OR  RECIPIENTS,  AND COMMUNITY GROUPS IN RELATION TO ENROLLEE, APPLICANT
   24  AND INDIVIDUAL RIGHTS, MEDICAL  ASSISTANCE  PROGRAM  OPTIONS,  BENEFITS,
   25  ASSESSMENT, APPEALS, AND ADVERSE EVENTS;
   26    (B)  INVESTIGATING  AND  RESOLVING  COMPLAINTS MADE BY OR ON BEHALF OF
   27  ENROLLEES, APPLICANTS, AND  RECIPIENTS  RELATING  TO  MATTERS  THAT  MAY
   28  AFFECT THE HEALTH, SAFETY, WELFARE, AND RIGHTS OF THESE INDIVIDUALS;
   29    (C) REPRESENTING ENROLLEES, APPLICANTS, AND RECIPIENTS OR THEIR DESIG-
   30  NATED   REPRESENTATIVES   IN   GRIEVANCES,   APPEALS,  AND  OTHER  LEGAL
   31  PROCEEDINGS; AND
   32    (D) UNDERTAKING PUBLIC ADVOCACY.
   33    2. THE ICAN ENTITY, IN CONDUCTING THE PROGRAM, SHALL:
   34    (A) FUNCTION WITH  INDEPENDENCE  FROM  STATE  AND  LOCAL  GOVERNMENTS,
   35  HEALTH PLANS, AND OTHER INDUSTRY STAKEHOLDERS;
   36    (B) BE CULTURALLY COMPETENT FOR THE POPULATION SERVED;
   37    (C) COLLECT DATA ON THE CASES HANDLED;
   38    (D) COORDINATE AS NEEDED WITH THE EXISTING LONG TERM CARE OMBUDSMAN ON
   39  MATTERS RELATING TO THE LONG TERM CARE OMBUDSMAN'S WORK; AND
   40    (E) REPORT ANNUALLY OR AT THE REQUEST OF THE COMMISSIONER OF HEALTH ON
   41  ALL PROGRAM ACTIVITIES.
   42    3. THE COMMISSIONER OF HEALTH SHALL:
   43    (A)  ENSURE  THE  ICAN  ENTITY IS SUFFICIENTLY FUNDED TO CARRY OUT ITS
   44  FUNCTIONS UNDER THIS SECTION;
   45    (B) IMPLEMENT A SYSTEM OF INFORMATION SHARING AND  COORDINATION  AMONG
   46  THE  DEPARTMENT  OF  HEALTH,  THE  ICAN  ENTITY,  AND THE LONG TERM CARE
   47  OMBUDSMAN PROGRAM;
   48    (C) REQUIRE HEALTH PLANS IN THE MEDICAL ASSISTANCE PROGRAM TO:
   49    (I) COOPERATE WITH THE ICAN ENTITY; AND
   50    (II) APPOINT AN INTERNAL  OMBUDSMAN  TO  HELP  ENROLLEES,  APPLICANTS,
   51  RECIPIENTS, REPRESENTATIVES, CAREGIVERS AND FAMILY MEMBERS WITH INTERNAL
   52  PLAN  ADVOCACY AND TO WORK WITH THE ICAN ENTITY AND OTHER CONSUMER ADVO-
   53  CACY PROGRAMS.
   54    (D) REPORT, AT LEAST ONCE EVERY TWO YEARS, TO  THE  GOVERNOR  AND  THE
   55  LEGISLATURE  ON  THE WORK OF THE ICAN ENTITY, AND MAKE THE REPORT AVAIL-
   56  ABLE ON THE DEPARTMENT OF HEALTH'S WEBSITE.
       A. 6007                            24
    1    S 31.  Subparagraph (iii) of paragraph (d) of subdivision 1 of section
    2  367-a of the social services law, as amended by section 65 of part H  of
    3  chapter 59 of the laws of 2011, is amended to read as follows:
    4    (iii)  [When payment under part B of title XVIII of the federal social
    5  security act for] WITH RESPECT TO items and services provided to  eligi-
    6  ble  persons  who  are also beneficiaries under part B of title XVIII of
    7  the federal social security act and [for] items and services provided to
    8  qualified medicare beneficiaries under part B  of  title  XVIII  of  the
    9  federal  social  security  act  [would  exceed the amount that otherwise
   10  would be made under this title if provided to an eligible  person  other
   11  than  a  person who is also a beneficiary under part B or is a qualified
   12  medicare beneficiary, the amount payable for services covered under this
   13  title shall be twenty percent  of],  THE  AMOUNT  PAYABLE  FOR  SERVICES
   14  COVERED UNDER THIS TITLE SHALL BE the amount of any co-insurance liabil-
   15  ity  of  such  eligible  persons  pursuant  to federal law were they not
   16  eligible for medical assistance or  were  they  not  qualified  medicare
   17  beneficiaries with respect to such benefits under such part B, BUT SHALL
   18  NOT  EXCEED  THE MIDWAY POINT BETWEEN THE AMOUNT THAT OTHERWISE WOULD BE
   19  MADE UNDER THIS TITLE IF PROVIDED TO AN ELIGIBLE  PERSON  OTHER  THAN  A
   20  PERSON WHO IS ALSO A BENEFICIARY UNDER PART B OR IS A QUALIFIED MEDICARE
   21  BENEFICIARY  MINUS  THE  AMOUNT PAYABLE UNDER PART B AND THE AMOUNT THAT
   22  WOULD OTHERWISE BE PAID BY PART B OF TITLE XVIII OF THE  FEDERAL  SOCIAL
   23  SECURITY  ACT;  provided,  however, amounts payable under this title for
   24  items and services provided to eligible persons who are  also  benefici-
   25  aries  under  part  B or to qualified medicare beneficiaries by an ambu-
   26  lance service under the authority of  an  operating  certificate  issued
   27  pursuant  to  article  thirty  of  the public health law, a psychologist
   28  licensed under article one hundred fifty-three of the education law,  or
   29  a facility under the authority of an operating certificate issued pursu-
   30  ant  to  article sixteen, thirty-one or thirty-two of the mental hygiene
   31  law and with  respect  to  outpatient  hospital  and  clinic  items  and
   32  services  provided  by  a  facility  under the authority of an operating
   33  certificate issued pursuant to article twenty-eight of the public health
   34  law, shall not be less than the amount of any co-insurance liability  of
   35  such  eligible  persons or such qualified medicare beneficiaries, or for
   36  which such eligible persons or  such  qualified  medicare  beneficiaries
   37  would  be  liable  under  federal law were they not eligible for medical
   38  assistance or  were  they  not  qualified  medicare  beneficiaries  with
   39  respect to such benefits under part B.
   40    S  32.   Paragraph (d) of subdivision 1 of section 367-a of the social
   41  services law is amended by adding a new subparagraph  (iv)  to  read  as
   42  follows:
   43    (IV)  IF  A  HEALTH PLAN PARTICIPATING IN PART C OF TITLE XVIII OF THE
   44  FEDERAL SOCIAL SECURITY ACT PAYS FOR  ITEMS  AND  SERVICES  PROVIDED  TO
   45  ELIGIBLE  PERSONS WHO ARE ALSO BENEFICIARIES UNDER PART B OF TITLE XVIII
   46  OF THE FEDERAL SOCIAL SECURITY ACT OR TO  QUALIFIED  MEDICARE  BENEFICI-
   47  ARIES,  THE  AMOUNT  PAYABLE  FOR SERVICES UNDER THIS TITLE SHALL BE THE
   48  AMOUNT OF ANY CO-INSURANCE LIABILITY OF SUCH ELIGIBLE  PERSONS  PURSUANT
   49  TO  FEDERAL LAW IF THEY WERE NOT ELIGIBLE FOR MEDICAL ASSISTANCE OR WERE
   50  NOT QUALIFIED MEDICARE BENEFICIARIES WITH RESPECT TO SUCH BENEFITS UNDER
   51  PART B, BUT SHALL NOT EXCEED THE AMOUNT REPRESENTING  THE  MIDWAY  POINT
   52  BETWEEN  THE  AMOUNT  THAT  WOULD  OTHERWISE BE MADE UNDER THIS TITLE IF
   53  PROVIDED TO AN ELIGIBLE PERSON WHO IS NOT A BENEFICIARY UNDER PART B  OR
   54  A  QUALIFIED MEDICARE BENEFICIARY AND THE AMOUNT THAT WOULD OTHERWISE BE
   55  PAID BY PART C OF TITLE XVIII OF THE FEDERAL SOCIAL SECURITY  ACT,  LESS
   56  THE AMOUNT PAYABLE BY THE PART C HEALTH PLAN.
       A. 6007                            25
    1    S 33. Intentionally omitted.
    2    S  34.  The commissioner of health is authorized to conduct an assess-
    3  ment of the mobility and transportation needs of persons with  disabili-
    4  ties  and other special needs populations.  The assessment shall include
    5  identification of any legal, statutory or regulatory, and funding barri-
    6  ers. After consultation with the department  of  transportation,  office
    7  for people with developmental disabilities, office for the aging, office
    8  of mental health, and office of alcoholism and substance abuse services,
    9  the contractor shall make recommendations for the development of a pilot
   10  demonstration  project to coordinate medical and non-medical transporta-
   11  tion services, maximize funding sources, enhance  community  integration
   12  and any other related tasks.
   13    S  35.  Section  133 of the social services law, as amended by chapter
   14  455 of the laws of 2010, is amended to read as follows:
   15    S 133. Temporary preinvestigation emergency needs assistance or  care.
   16  Upon  application  for public assistance or care under this chapter, the
   17  local social services district shall notify the applicant in writing  of
   18  the  availability  of  a monetary grant adequate to meet emergency needs
   19  assistance or care and shall,  at  such  time,  determine  whether  such
   20  person  is  in  immediate  need.  If it shall appear that a person is in
   21  immediate need, emergency needs assistance  or  care  shall  be  granted
   22  pending completion of an investigation INCLUDING MEDICAL ASSISTANCE. The
   23  written  notification  required by this section shall inform such person
   24  of a right to an expedited hearing when emergency  needs  assistance  or
   25  care  is denied. A public assistance applicant who has been denied emer-
   26  gency needs assistance or care must be given reason for such denial in a
   27  written determination which sets forth the basis for such denial.
   28    S 36. Section 364-i of the social services law is amended by adding  a
   29  new subdivision 1-a to read as follows:
   30    1-A. (A) AN INDIVIDUAL, UPON APPLICATION FOR MEDICAL ASSISTANCE, SHALL
   31  BE  PRESUMPTIVELY  ELIGIBLE  FOR  IMMEDIATE  TEMPORARY  PERSONAL CARE OR
   32  CONSUMER DIRECTED PERSONAL ASSISTANCE SERVICES PURSUANT TO PARAGRAPH (E)
   33  OF SUBDIVISION TWO OF SECTION THREE HUNDRED SIXTY-FIVE-A OF  THIS  TITLE
   34  OR  SECTION THREE HUNDRED SIXTY-FIVE-F OF THIS TITLE, RESPECTIVELY, FROM
   35  THE DATE OF APPLICATION, PROVIDED THAT:
   36    (I) SUCH INDIVIDUAL SUBMITS: (A) AN APPLICATION  FOR  MEDICAL  ASSIST-
   37  ANCE,  AND  (B)  A  PHYSICIAN'S  ORDER THAT (I) RECOMMENDS THE NUMBER OF
   38  HOURS OF PERSONAL CARE OR CONSUMER DIRECTED PERSONAL ASSISTANCE SERVICES
   39  TO BE AUTHORIZED AS IMMEDIATE TEMPORARY  PERSONAL  CARE  SERVICES;  (II)
   40  DOCUMENTS  THAT SUCH INDIVIDUAL NEEDS ASSISTANCE IN THE HOME WITH ONE OR
   41  MORE OF TOILETING, TRANSFERRING FROM BED TO CHAIR OR WHEELCHAIR, TURNING
   42  OR POSITIONING IN BED, WALKING, OR FEEDING; AND (III) DOCUMENTS THAT  IT
   43  IS  REASONABLY  EXPECTED  THAT THE INDIVIDUAL'S HEALTH AND SAFETY CAN BE
   44  MAINTAINED IN THE HOME; AND
   45    (II) IT REASONABLY APPEARS THAT THE APPLICANT IS OTHERWISE ELIGIBLE TO
   46  RECEIVE MEDICAL ASSISTANCE.
   47    (B) MEDICAL ASSISTANCE UNDER THIS SUBDIVISION SHALL  BE  AVAILABLE  TO
   48  MEET THE IMMEDIATE NEEDS OF THE INDIVIDUAL PRIOR TO AND AFTER A DETERMI-
   49  NATION  THAT  SUCH INDIVIDUAL MEETS THE ELIGIBILITY REQUIREMENTS OF THIS
   50  TITLE AND UNTIL SUCH INDIVIDUAL EITHER (I) HAS  BEEN  DETERMINED  TO  BE
   51  FINANCIALLY  OR  OTHERWISE  INELIGIBLE  FOR  MEDICAL  ASSISTANCE  OR FOR
   52  MEDICAL SERVICES OR SUPPLIES, OR (II)  COMMENCES  RECEIVING  APPROPRIATE
   53  COMMUNITY  BASED  LONG-TERM  CARE  SERVICES UNDER THE MEDICAL ASSISTANCE
   54  PROGRAM.
   55    S 36-a. Subdivision 7 of section 364-i of the social services  law  is
   56  REPEALED.
       A. 6007                            26
    1    S  37.  Notwithstanding  any  provision of law to the contrary, monies
    2  equal to the amount of enhanced federal  medical  assistance  percentage
    3  monies  available as a result of the state's participation in the commu-
    4  nity first choice state plan option under section 1915 of title  XIX  of
    5  the federal social security act, in each state fiscal year shall be made
    6  available  as  additional  funds  to  be  used  to implement the state's
    7  comprehensive plan for serving New Yorkers with disabilities in the most
    8  integrated setting, also know as the state's Olmstead plan. Such  monies
    9  shall  be  expended  for the purposes consistent with the Olmstead plan,
   10  including, additional funding for supportive housing, wage supports  for
   11  home and personal care workers, transportation supports, and the transi-
   12  tion  of  behavioral  health services to managed care. The department of
   13  health shall, after consultation with stakeholders, relevant state agen-
   14  cies, the division of budget and the Olmstead cabinet, submit  a  report
   15  to  the temporary president of the senate, and the speaker of the assem-
   16  bly, the chair of the senate finance committee, the chair of the  assem-
   17  bly  ways and means committee, and the chairs of the senate and assembly
   18  health committees, setting forth the plan to allocate such  investments,
   19  and no expenditures may be made from these funds until the plan has been
   20  approved by the temporary president of the senate and the speaker of the
   21  assembly. The commissioner of health shall report annually to the chairs
   22  of  the  assembly  and  senate  committees  on health, aging, and mental
   23  health, the chair of the senate committee on finance, the chair  of  the
   24  assembly  ways  and  means committee, and the chair of the assembly task
   25  force on people with disabilities on the amount of funding received  and
   26  disbursed  pursuant to this section, the projects or proposals supported
   27  by these funds, and compliance with this section.
   28    S 38. Section 2808 of the public health law is amended by adding a new
   29  subdivision 27 to read as follows:
   30    27. FOR PERIODS ON OR AFTER APRIL FIRST,  TWO  THOUSAND  FIFTEEN,  THE
   31  COMMISSIONER  SHALL  AUTHORIZE  AN  ENERGY  EFFICIENCY  AND/OR  DISASTER
   32  PREPAREDNESS STUDY FOR RESIDENTIAL HEALTH CARE FACILITIES.
   33    S 39. Intentionally omitted.
   34    S 40. Intentionally omitted.
   35    S 40-a. Subdivision 8 of section 4403-f of the public health  law,  as
   36  amended  by  section  21 of part C of chapter 58 of the laws of 2007, is
   37  amended to read as follows:
   38    8. Payment rates for managed long term care  plan  enrollees  eligible
   39  for  medical  assistance. The commissioner shall establish payment rates
   40  for services provided to enrollees  eligible  under  title  XIX  of  the
   41  federal  social  security  act.  Such  payment rates shall be subject to
   42  approval by the director of the division of the budget and shall reflect
   43  savings to both state and local governments when compared to costs which
   44  would be incurred by such program if enrollees were to receive  compara-
   45  ble health and long term care services on a fee-for-service basis in the
   46  geographic  region  in  which such services are proposed to be provided.
   47  Payment rates shall be risk-adjusted to take into account the character-
   48  istics of enrollees, or proposed enrollees, including, but  not  limited
   49  to:    frailty,  disability  level,  health  and functional status, age,
   50  gender, the nature of services provided to  such  enrollees,  and  other
   51  factors  as  determined  by the commissioner. The risk adjusted premiums
   52  may also be combined with  disincentives  or  requirements  designed  to
   53  mitigate  any incentives to obtain higher payment categories. IN SETTING
   54  SUCH PAYMENT RATES, THE COMMISSIONER SHALL CONSIDER COSTS BORNE  BY  THE
   55  MANAGED  CARE  PROGRAM  UNDER  SUBDIVISION  NINE  OF  SECTION FORTY-FOUR
   56  HUNDRED SIX-C OF THIS ARTICLE.
       A. 6007                            27
    1    S 40-b. Section 4406-c of the public health law is amended by adding a
    2  new subdivision 9 to read as follows:
    3    9. (A) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, ANY CONTRAC-
    4  TOR  ADMINISTRATIVE  SERVICE AGREEMENT BY A HEALTH CARE PLAN WITH CERTI-
    5  FIED HOME HEALTH AGENCIES, LONG TERM HOME HEALTH CARE PROGRAMS, LICENSED
    6  HOME CARE SERVICES AGENCIES, OR FISCAL INTERMEDIARIES  IN  THE  CONSUMER
    7  DIRECTED  PERSONAL  ASSISTANCE  PROGRAM SHALL ENSURE THAT RESOURCES MADE
    8  AVAILABLE BY A HEALTH CARE PLAN UNDER SUCH CONTRACTS OR AGREEMENTS  WILL
    9  SUPPORT  THE  RETENTION  OF  A  QUALIFIED WORKFORCE CAPABLE OF PROVIDING
   10  QUALITY CARE.
   11    (B) SUCH CONTRACTS SHALL REQUIRE THAT RATES SHALL: (I) IN THE CASE  OF
   12  CERTIFIED  HOME  HEALTH  AGENCIES,  LONG TERM HOME HEALTH CARE PROGRAMS,
   13  LICENSED HOME CARE SERVICES AGENCIES LICENSED OR CERTIFIED UNDER ARTICLE
   14  THIRTY-SIX OF THIS CHAPTER, SUFFICIENTLY SUPPORT HOME CARE  WORKER  WAGE
   15  PARITY  COMPENSATION  AS REQUIRED UNDER SECTION THIRTY-SIX HUNDRED FOUR-
   16  TEEN-C OF THIS CHAPTER; RECRUITMENT, TRAINING AND  RETENTION  OF  DIRECT
   17  CARE  PERSONNEL, INCLUDING WAGE, SALARY AND A SUPPLEMENTAL-BENEFIT RATE,
   18  WHICH MAY BE PROVIDED IN ANY COMBINATION OF CASH OR  BENEFITS,  IN  BOTH
   19  WAGE  PARITY  AND  NON-WAGE PARITY REGIONS, THE COSTS FOR WHICH SHALL BE
   20  DEMONSTRATED BY SUCH AGENCIES, AND THE PROVISION  OF  PAYMENTS  TO  SUCH
   21  AGENCIES AND PROGRAMS UNDER PARAGRAPH (BB) OF SUBDIVISION ONE OF SECTION
   22  TWENTY-EIGHT  HUNDRED  SEVEN-V OF THIS CHAPTER, SUBDIVISIONS EIGHT, NINE
   23  AND TEN OF SECTION THIRTY-SIX  HUNDRED  FOURTEEN  OF  THIS  CHAPTER  AND
   24  SECTION  THREE  HUNDRED SIXTY-SEVEN-Q OF THE SOCIAL SERVICES LAW; ALL AS
   25  APPLICABLE; AND
   26    (II) IN THE CASE OF THE CONSUMER DIRECTED PERSONAL ASSISTANCE PROGRAM,
   27  SUPPORT FISCAL INTERMEDIARIES TO COMPENSATE CONSUMER  DIRECTED  PERSONAL
   28  ASSISTANTS  UNDER  THE PROGRAM INCLUDING WAGE, SALARY AND A SUPPLEMENTAL
   29  BENEFIT RATE, WHICH MAY BE PROVIDED IN ANY COMBINATION OF CASH OR  BENE-
   30  FITS.  NOTHING CONTAINED IN THIS SUBDIVISION SHALL SUPERSEDE OR DIMINISH
   31  THE TERMS OF A COLLECTIVE BARGAINING AGREEMENT.
   32    (C) WHERE A HEALTH CARE PLAN IS NOT IN COMPLIANCE WITH  THIS  SUBDIVI-
   33  SION,  THE HEALTH CARE PLAN MAY BE SUBJECT TO ANY SANCTIONS OR PENALTIES
   34  PERMITTED BY FEDERAL OR STATE LAWS AND REGULATIONS, INCLUDING REVOCATION
   35  OF THE HEALTH CARE  PLAN'S  AGREEMENT  TO  PARTICIPATE  IN  THE  MEDICAL
   36  ASSISTANCE  PROGRAM. FOR THOSE PATIENTS AFFECTED BY A HEALTH CARE PLAN'S
   37  NONCOMPLIANCE WITH THIS SUBDIVISION, THE COMMISSIONER SHALL ENSURE  THAT
   38  SUCH PATIENTS WILL BE IMMEDIATELY COVERED BY ANOTHER MANAGED HEALTH CARE
   39  PLAN  OR  FEE  FOR  SERVICE. THIS PARAGRAPH SHALL NOT PRECLUDE ANY OTHER
   40  RIGHT OR REMEDY AVAILABLE TO ANY OTHER PARTY.
   41    (D) A HEALTH CARE PLAN THAT CONTRACTS WITH CERTIFIED HOME HEALTH AGEN-
   42  CIES, LONG TERM HOME HEALTH CARE PROGRAMS, LICENSED HOME  CARE  SERVICES
   43  AGENCIES,  OR  FISCAL  INTERMEDIARIES  IN THE CONSUMER DIRECTED PERSONAL
   44  ASSISTANCE PROGRAM SHALL ANNUALLY SUBMIT WRITTEN  CERTIFICATION  TO  THE
   45  DEPARTMENT  THAT IT IS IN COMPLIANCE WITH THIS SUBDIVISION AND THAT EACH
   46  SUCH HOME CARE PROVIDER OR FISCAL INTERMEDIARY WITH WHICH  IT  CONTRACTS
   47  IS IN COMPLIANCE WITH THIS SUBDIVISION. THE HEALTH CARE PLAN SHALL ANNU-
   48  ALLY OBTAIN AND SUBMIT TO THE DEPARTMENT WRITTEN CERTIFICATION FROM SUCH
   49  HOME  CARE  PROVIDER OR FISCAL INTERMEDIARY AND ANY OF ITS LABOR SUBCON-
   50  TRACTORS WHICH ATTESTS THAT THE  ENTITY  AND  THE  SUBCONTRACTOR  IS  IN
   51  COMPLIANCE  WITH THIS SUBDIVISION. ALL SUCH WRITTEN CERTIFICATIONS SHALL
   52  BE ON FORMS PREPARED BY THE  DEPARTMENT.  THE  HEALTH  CARE  PLAN  SHALL
   53  OBTAIN  INFORMATION  FROM  THE HOME CARE PROVIDER OR FISCAL INTERMEDIARY
   54  AND THEIR LABOR SUBCONTRACTORS NECESSARY TO VERIFY COMPLIANCE WITH  THIS
   55  SUBDIVISION.  SUCH INFORMATION SHALL BE RETAINED BY THE HEALTH CARE PLAN
       A. 6007                            28
    1  FOR NOT LESS THAN THREE YEARS, AND MADE AVAILABLE TO THE DEPARTMENT UPON
    2  REQUEST.
    3    (E) A FAILURE BY A HOME CARE PROVIDER OR FISCAL INTERMEDIARY TO COMPLY
    4  WITH  THIS  SUBDIVISION OR WITH REGULATIONS THEREUNDER, WHERE THE HEALTH
    5  PLAN CONTRACT IS DETERMINED TO BE IN COMPLIANCE WITH  THIS  SUBDIVISION,
    6  SHALL  SUBJECT THE NON-COMPLIANT EMPLOYER OR CONTRACTOR TO THE SANCTIONS
    7  AND ENFORCEMENT PROCESSES SET FORTH IN THE LABOR LAW OR PENALTIES AVAIL-
    8  ABLE UNDER THIS ARTICLE OR SECTION THREE HUNDRED  SIXTY-THREE-D  OF  THE
    9  SOCIAL SERVICES LAW.
   10    S  40-c. Subdivision 18 of section 364-j of the social services law is
   11  amended by adding a new paragraph (c) to read as follows:
   12    (C) IN SETTING SUCH REIMBURSEMENT METHODOLOGIES, THE DEPARTMENT  SHALL
   13  CONSIDER  COSTS BORNE BY THE MANAGED CARE PROGRAM UNDER SUBDIVISION NINE
   14  OF SECTION FORTY-FOUR HUNDRED SIX-C OF THE PUBLIC HEALTH LAW.
   15    S 41. Intentionally omitted.
   16    S 42. Subdivision 12 of section 367-a of the social services  law,  as
   17  amended  by section 63-a of part C of chapter 58 of the laws of 2007, is
   18  amended to read as follows:
   19    12. Prior to receiving medical assistance under subparagraphs [twelve]
   20  FIVE and [thirteen] SIX of paragraph [(a)] (C)  of  subdivision  one  of
   21  section three hundred sixty-six of this title, a person whose net avail-
   22  able  income  is  at  least  one hundred fifty percent of the applicable
   23  federal income official poverty line, as  defined  and  updated  by  the
   24  United States department of health and human services, must pay a month-
   25  ly  premium,  in  accordance  with  a procedure to be established by the
   26  commissioner. The amount of such premium shall  be  twenty-five  dollars
   27  for an individual who is otherwise eligible for medical assistance under
   28  such  subparagraphs,  and  fifty  dollars for a couple, both of whom are
   29  otherwise eligible for medical assistance under such  subparagraphs.  No
   30  premium  shall  be  required from a person whose net available income is
   31  less than one hundred fifty percent of  the  applicable  federal  income
   32  official  poverty  line,  as  defined  and  updated by the United States
   33  department of health and human services.
   34    S 43. Intentionally omitted.
   35    S 44. Subdivision 1 of section 398-b of the social  services  law,  as
   36  added  by  section  44  of  part C of chapter 60 of the laws of 2014, is
   37  amended to read as follows:
   38    1. Notwithstanding any inconsistent provision of law to  the  contrary
   39  and  subject to the availability of federal financial participation, the
   40  commissioner is authorized to make grants [from] UP TO a gross amount of
   41  five million dollars FOR STATE FISCAL YEAR TWO  THOUSAND  FOURTEEN--FIF-
   42  TEEN  AND  UP  TO  A  GROSS  AMOUNT OF FIFTEEN MILLION DOLLARS FOR STATE
   43  FISCAL YEAR TWO THOUSAND FIFTEEN--SIXTEEN to facilitate  the  transition
   44  of  foster  care  children placed with voluntary foster care agencies to
   45  managed care. The use of such funds may include providing  training  and
   46  consulting  services  to voluntary agencies to [access] ASSESS readiness
   47  and make  necessary  infrastructure  and  organizational  modifications,
   48  collecting  service  utilization  and other data from voluntary agencies
   49  and other entities, and making investments in health  information  tech-
   50  nology, including the infrastructure necessary to establish and maintain
   51  electronic health records. Such funds shall be distributed pursuant to a
   52  formula  to  be developed by the commissioner of health, in consultation
   53  with the commissioner of the office of CHILDREN AND family  [and  child]
   54  services.  In  developing  such  formula the commissioners may take into
   55  account size and scope of provider operations as a  factor  relevant  to
   56  eligibility  for  such  funds.  Each  recipient  of  such funds shall be
       A. 6007                            29
    1  required to document and demonstrate the effective use of funds distrib-
    2  uted herein.  IF FEDERAL FINANCIAL PARTICIPATION  IS  UNAVAILABLE,  THEN
    3  THE  NONFEDERAL  SHARE  OF  PAYMENTS PURSUANT TO THIS SUBDIVISION MAY BE
    4  MADE AS STATE GRANTS.
    5    S  45.  Paragraph  (g)  of  subdivision 1 of section 366 of the social
    6  services law, as added by section 50 of part C of chapter 60 of the laws
    7  of 2014, is amended to read as follows:
    8    (g) Coverage of certain noncitizens. (1) Applicants and recipients who
    9  are lawfully admitted for permanent residence, or  who  are  permanently
   10  residing  in the United States under color of law, OR WHO ARE NON-CITIZ-
   11  ENS IN A VALID NONIMMIGRANT STATUS, AS DEFINED IN 8 U.S.C.  1101(A)(15);
   12  who are MAGI eligible pursuant to paragraph (b) of this subdivision; and
   13  who  would  be ineligible for medical assistance coverage under subdivi-
   14  sions one and two of section three hundred sixty-five-a  of  this  title
   15  solely  due to their immigration status if the provisions of section one
   16  hundred twenty-two of this chapter were applied, shall only be  eligible
   17  for  assistance  under  this title if enrolled in a standard health plan
   18  offered by a basic health program established pursuant to section  three
   19  hundred sixty-nine-gg of this article if such program is established and
   20  operating.
   21    (2)  With  respect  to  a person described in subparagraph one of this
   22  paragraph who is enrolled in a standard health plan, medical  assistance
   23  coverage shall mean:
   24    (i)  payment  of  required premiums and other cost-sharing obligations
   25  under the standard health plan that exceed the person's co-payment obli-
   26  gation under subdivision six of section three hundred  sixty-seven-a  of
   27  this title; and
   28    (ii) payment for services and supplies described in subdivision one or
   29  two  of section three hundred sixty-five-a of this title, as applicable,
   30  but only to the extent that such services and supplies are  not  covered
   31  by the standard health plan.
   32    (3)  Nothing  in  this subdivision shall prevent a person described in
   33  subparagraph one of this paragraph  from  qualifying  for  or  receiving
   34  medical assistance while his or her enrollment in a standard health plan
   35  is pending, in accordance with applicable provisions of this title.
   36    S  46.  Subdivision 8 of section 369-gg of the social services law, as
   37  added by section 51 of part C of chapter 60 of the laws of 2014  and  as
   38  renumbered  by  section  twenty-eight of this act, is amended to read as
   39  follows:
   40    8. An individual who is  lawfully  admitted  for  permanent  residence
   41  [or],  permanently  residing in the United States under color of law, OR
   42  WHO IS A NON-CITIZEN IN A VALID NONIMMIGRANT STATUS,  AS  DEFINED  IN  8
   43  U.S.C.  1101(A)(15),  and who would be ineligible for medical assistance
   44  under title eleven of this article due to his or her immigration  status
   45  if the provisions of section one hundred twenty-two of this chapter were
   46  applied, shall be considered to be ineligible for medical assistance for
   47  purposes of paragraphs (b) and (c) of subdivision three of this section.
   48    S 46-a. Section 365-d of the social services law is REPEALED and a new
   49  section 365-d is added to read as follows:
   50    S  365-D. HEALTH TECHNOLOGY ASSESSMENT COMMITTEE. 1. THE DEPARTMENT OF
   51  HEALTH SHALL CONVENE  A  HEALTH  TECHNOLOGY  ASSESSMENT  COMMITTEE.  THE
   52  COMMITTEE  SHALL,  AT THE REQUEST OF THE COMMISSIONER OF HEALTH, PROVIDE
   53  ADVICE AND MAKE RECOMMENDATIONS REGARDING COVERAGE OF HEALTH  TECHNOLOGY
   54  FOR  PURPOSES  OF  THE  MEDICAL  ASSISTANCE PROGRAM. THE COMMISSIONER OF
   55  HEALTH SHALL CONSULT  SUCH  COMMITTEE  PRIOR  TO  ANY  DETERMINATION  TO
   56  EXCLUDE  FROM COVERAGE ANY HEALTH TECHNOLOGY FROM THE MEDICAL ASSISTANCE
       A. 6007                            30
    1  PROGRAM. FOR PURPOSES OF THIS SECTION, "HEALTH TECHNOLOGY" MEANS MEDICAL
    2  DEVICES AND SURGICAL PROCEDURES USED IN THE  PREVENTION,  DIAGNOSIS  AND
    3  TREATMENT  OF  DISEASE  AND OTHER MEDICAL CONDITIONS.  THIS SECTION DOES
    4  NOT  GRANT  THE  COMMISSIONER  OF  HEALTH  ANY  AUTHORITY TO EXCLUDE ANY
    5  MEDICAL TECHNOLOGY  FROM  THE  MEDICAL  ASSISTANCE  PROGRAM  OTHER  THAN
    6  AUTHORITY THE COMMISSIONER OF HEALTH MIGHT HAVE UNDER OTHER LAW.
    7    2.  (A)  THE  HEALTH  TECHNOLOGY ASSESSMENT COMMITTEE SHALL CONSIST OF
    8  THIRTEEN MEMBERS, WHO SHALL BE APPOINTED BY THE COMMISSIONER  OF  HEALTH
    9  AND  WHO  SHALL  SERVE  THREE  YEAR  TERMS;  EXCEPT THAT FOR THE INITIAL
   10  APPOINTMENTS TO THE COMMITTEE, FIVE MEMBERS SHALL SERVE ONE YEAR  TERMS,
   11  FIVE  MEMBERS  SHALL SERVE TWO YEAR TERMS, AND THREE MEMBERS SHALL SERVE
   12  THREE  YEAR  TERMS.  COMMITTEE  MEMBERS  MAY  BE  REAPPOINTED  UPON  THE
   13  COMPLETION  OF  THEIR  TERMS.  WITH THE EXCEPTION OF THE CHAIRPERSON, NO
   14  MEMBER OF THE COMMITTEE SHALL BE AN EMPLOYEE OF THE STATE OR  ANY  POLI-
   15  TICAL  SUBDIVISION OF THE STATE, OTHER THAN FOR HIS OR HER MEMBERSHIP ON
   16  THE COMMITTEE, EXCEPT FOR EMPLOYEES OF HEALTH CARE FACILITIES OR UNIVER-
   17  SITIES OPERATED BY THE STATE, A PUBLIC BENEFIT  CORPORATION,  THE  STATE
   18  UNIVERSITY OF NEW YORK OR MUNICIPALITIES.
   19    (B) THE MEMBERSHIP OF SUCH COMMITTEE SHALL BE AS FOLLOWS:
   20    (I) SIX PERSONS LICENSED AND ACTIVELY ENGAGED IN THE PRACTICE OF MEDI-
   21  CINE IN THIS STATE;
   22    (II) ONE PERSON LICENSED AND ACTIVELY ENGAGED IN THE PRACTICE OF NURS-
   23  ING  AS  A  NURSE  PRACTITIONER, OR IN THE PRACTICE OF MIDWIFERY IN THIS
   24  STATE;
   25    (III) ONE PERSON WHO IS A REPRESENTATIVE OF  A  HEALTH  TECHNOLOGY  OR
   26  MEDICAL  DEVICE  ORGANIZATION  WITH  A  REGIONAL,  STATEWIDE OR NATIONAL
   27  CONSTITUENCY AND WHO IS A HEALTH CARE PROFESSIONAL LICENSED UNDER  TITLE
   28  EIGHT OF THE EDUCATION LAW;
   29    (IV)  ONE PERSON WITH EXPERTISE IN HEALTH TECHNOLOGY ASSESSMENT WHO IS
   30  A HEALTH CARE PROFESSIONAL LICENSED UNDER TITLE EIGHT OF  THE  EDUCATION
   31  LAW;
   32    (V)  THREE PERSONS WHO SHALL BE CONSUMERS OR REPRESENTATIVES OF ORGAN-
   33  IZATIONS WITH A REGIONAL OR STATEWIDE CONSTITUENCY  AND  WHO  HAVE  BEEN
   34  INVOLVED IN ACTIVITIES RELATED TO HEALTH CARE CONSUMER ADVOCACY; AND
   35    (VI) A MEMBER OF THE DEPARTMENT OF HEALTH WHO SHALL ACT AS CHAIRPERSON
   36  AS DESIGNATED BY THE COMMISSIONER OF HEALTH.
   37    3.  THE  HEALTH TECHNOLOGY ASSESSMENT COMMITTEE SHALL BE A PUBLIC BODY
   38  UNDER ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW AND  SUBJECT  TO  ARTICLE
   39  SIX  OF  THE PUBLIC OFFICERS LAW. THE DEPARTMENT OF HEALTH SHALL PROVIDE
   40  INTERNET ACCESS TO ALL MEETINGS OF SUCH COMMITTEE THROUGH THE DEPARTMENT
   41  OF HEALTH'S WEBSITE.
   42    4. THE MEMBERS OF THE HEALTH  TECHNOLOGY  ASSESSMENT  COMMITTEE  SHALL
   43  RECEIVE  NO  COMPENSATION FOR THEIR SERVICES BUT SHALL BE REIMBURSED FOR
   44  EXPENSES ACTUALLY AND NECESSARILY INCURRED IN THE PERFORMANCE  OF  THEIR
   45  DUTIES. COMMITTEE MEMBERS SHALL BE DEEMED TO BE EMPLOYEES OF THE DEPART-
   46  MENT  OF HEALTH FOR PURPOSES OF SECTION SEVENTEEN OF THE PUBLIC OFFICERS
   47  LAW, AND SHALL NOT PARTICIPATE IN ANY MATTER FOR  WHICH  A  CONFLICT  OF
   48  INTEREST EXISTS.
   49    5. THE HEALTH TECHNOLOGY ASSESSMENT COMMITTEE SHALL, AT THE REQUEST OF
   50  THE COMMISSIONER OF HEALTH, CONSIDER ANY MATTER RELATING TO HEALTH TECH-
   51  NOLOGY  ASSESSMENT. THE COMMISSIONER OF HEALTH SHALL PROVIDE THIRTY DAYS
   52  PUBLIC NOTICE ON THE DEPARTMENT OF HEALTH'S WEBSITE PRIOR TO ANY MEETING
   53  OF THE COMMITTEE TO DEVELOP RECOMMENDATIONS CONCERNING HEALTH TECHNOLOGY
   54  COVERAGE DETERMINATIONS. SUCH NOTICE SHALL INCLUDE A DESCRIPTION OF  THE
   55  PROPOSED  HEALTH  TECHNOLOGY  TO BE REVIEWED, THE CONDITIONS OR DISEASES
   56  IMPACTED BY THE HEALTH TECHNOLOGY, AND THE PROPOSALS TO BE CONSIDERED BY
       A. 6007                            31
    1  THE COMMITTEE.  THE COMMITTEE SHALL ALLOW INTERESTED PARTIES  A  REASON-
    2  ABLE  OPPORTUNITY  TO MAKE AN ORAL PRESENTATION TO THE COMMITTEE RELATED
    3  TO THE HEALTH TECHNOLOGY TO BE REVIEWED AND TO SUBMIT  WRITTEN  INFORMA-
    4  TION.  THE  COMMITTEE  SHALL  CONSIDER  ANY  INFORMATION PROVIDED BY ANY
    5  INTERESTED PARTY, INCLUDING, BUT NOT LIMITED TO, HEALTH CARE  PROVIDERS,
    6  HEALTH CARE FACILITIES, PATIENTS, CONSUMERS AND MANUFACTURERS.
    7    6.  THE  COMMISSIONER  OF  HEALTH SHALL PROVIDE NOTICE OF ANY COVERAGE
    8  RECOMMENDATIONS DEVELOPED BY THE COMMITTEE BY  MAKING  SUCH  INFORMATION
    9  AVAILABLE  ON  THE  DEPARTMENT  OF  HEALTH'S WEBSITE. SUCH PUBLIC NOTICE
   10  SHALL INCLUDE: A SUMMARY OF THE DELIBERATIONS OF THE COMMITTEE; A SUMMA-
   11  RY OF THE POSITIONS OF THOSE MAKING PUBLIC COMMENTS AT MEETINGS  OF  THE
   12  COMMITTEE;  THE RESPONSE OF THE COMMITTEE TO THOSE COMMENTS, IF ANY; THE
   13  CLINICAL EVIDENCE UPON WHICH THE COMMITTEE BASES ITS RECOMMENDATION; AND
   14  THE FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE.
   15    7. THE COMMISSIONER OF HEALTH  SHALL  PROVIDE  PUBLIC  NOTICE  ON  THE
   16  DEPARTMENT  OF  HEALTH'S  WEBSITE  OF  HIS  OR  HER FINAL DETERMINATION,
   17  INCLUDING: THE NATURE OF THE DETERMINATION; AN ANALYSIS OF THE IMPACT OF
   18  THE COMMISSIONER OF HEALTH'S DETERMINATION ON STATE PUBLIC  HEALTH  PLAN
   19  POPULATIONS  AND PROVIDERS; AND THE PROJECTED FISCAL IMPACT TO THE STATE
   20  PUBLIC HEALTH PLAN PROGRAMS OF THE  COMMISSIONER  OF  HEALTH'S  DETERMI-
   21  NATION. THE COMMISSIONER OF HEALTH'S FINAL DETERMINATION SHALL NOT OCCUR
   22  PRIOR TO THE THIRTIETH DAY FROM THE POSTING OF THE COMMITTEE'S RECOMMEN-
   23  DATIONS AND FINDINGS ON THE DEPARTMENT OF HEALTH'S WEBSITE.
   24    8.  THE RECOMMENDATIONS OF THE HEALTH TECHNOLOGY ASSESSMENT COMMITTEE,
   25  MADE PURSUANT TO THIS SECTION, SHALL BE BASED ON CLINICAL  EFFECTIVENESS
   26  AND  SAFETY. THE COMMITTEE SHALL TRIENNIALLY REVIEW PREVIOUS RECOMMENDA-
   27  TIONS OF THE COMMITTEE AND PERMIT ORAL PRESENTATIONS AND THE  SUBMISSION
   28  OF NEW EVIDENCE AT SUCH TRIENNIAL REVIEW. SUCH REVIEW SHALL OCCUR PURSU-
   29  ANT  TO  THE  PROCEDURE ESTABLISHED IN SUBDIVISIONS FIVE AND SIX OF THIS
   30  SECTION. THE COMMISSIONER OF HEALTH MAY ALTER OR REVOKE HIS OR HER FINAL
   31  DETERMINATION AFTER SUCH TRIENNIAL  REVIEW  PURSUANT  TO  THE  PROCEDURE
   32  ESTABLISHED IN SUBDIVISION SEVEN OF THIS SECTION.
   33    9.  THE  DEPARTMENT  OF HEALTH SHALL PROVIDE ADMINISTRATIVE SUPPORT TO
   34  THE COMMITTEE.
   35    S 47. Notwithstanding any inconsistent provision of law, rule or regu-
   36  lation to the contrary, for purposes of implementing the  provisions  of
   37  the  public health law and the social services law, references to titles
   38  XIX and XXI of the federal social security act in the public health  law
   39  and  the social services law shall be deemed to include and also to mean
   40  any successor titles thereto under the federal social security act.
   41    S 48. Notwithstanding any inconsistent provision of law, rule or regu-
   42  lation, the effectiveness of the provisions of sections 2807 and 3614 of
   43  the public health law, section 18 of chapter 2 of the laws of 1988,  and
   44  18  NYCRR  505.14(h), as they relate to time frames for notice, approval
   45  or certification of rates of payment, are hereby suspended  and  without
   46  force or effect for purposes of implementing the provisions of this act.
   47    S  49. Severability clause. If any clause, sentence, paragraph, subdi-
   48  vision, section or part of this act shall be adjudged by  any  court  of
   49  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   50  impair or invalidate the remainder thereof, but shall be confined in its
   51  operation to the clause, sentence, paragraph,  subdivision,  section  or
   52  part thereof directly involved in the controversy in which such judgment
   53  shall  have been rendered. It is hereby declared to be the intent of the
   54  legislature that this act would have been enacted even if  such  invalid
   55  provisions had not been included herein.
       A. 6007                            32
    1    S  50.  This  act shall take effect immediately and shall be deemed to
    2  have been in full force and effect on  and  after  April  1,  2015,  and
    3  section  thirty-eight  of  this  act shall expire and be deemed repealed
    4  March 31, 2018 provided that:
    5    1. section thirteen of this act shall take effect June 1, 2015;
    6    2.  sections  thirty-one  and thirty-two of this act shall take effect
    7  July 1, 2015;
    8    3. the amendments made to section 2807-s of the public health law made
    9  by sections twenty-three-a and twenty-three-b  of  this  act  shall  not
   10  affect  the  expiration  of  such  section and shall be deemed to expire
   11  therewith.
   12    4. sections twenty-eight and forty-six of this act shall  take  effect
   13  on the same date and in the same manner as section 51 of part C of chap-
   14  ter 60 of the laws of 2014 takes effect;
   15    5.  section  forty-five of this act shall take effect on the same date
   16  and in the same manner as section 50 of part C of chapter 60 of the laws
   17  of 2014 takes effect;
   18    6. the amendments to section 364-j of the social services law made  by
   19  sections  six-a,  thirty-a,  thirty-b,  thirty-c and forty-c of this act
   20  shall not affect the repeal of such section and shall be  deemed  to  be
   21  repealed therewith;
   22    6-a. the amendments to subdivision eight of section forty-four hundred
   23  three-f  of  the  public  health law made by section forty-a of this act
   24  shall not affect the repeal of such section and shall be deemed repealed
   25  therewith;
   26    7. any rules or regulations necessary to implement the  provisions  of
   27  this  act  may be promulgated and any procedures, forms, or instructions
   28  necessary for such implementation may be adopted and issued on or  after
   29  the date this act shall have become a law;
   30    8. this act shall not be construed to alter, change, affect, impair or
   31  defeat any rights, obligations, duties or interests accrued, incurred or
   32  conferred prior to the effective date of this act;
   33    9. the commissioner of health and the superintendent of the department
   34  of  financial services and any appropriate council may take steps neces-
   35  sary to implement this act prior to its effective date;
   36    10. notwithstanding any inconsistent provision of the  state  adminis-
   37  trative procedure act or any other provision of law, rule or regulation,
   38  the  commissioner  of health and the superintendent of the department of
   39  financial services and any appropriate council is authorized to adopt or
   40  amend or promulgate on an emergency basis any regulation he  or  she  or
   41  such council determines necessary to implement any provision of this act
   42  on its effective date; and
   43    11.  the provisions of this act shall become effective notwithstanding
   44  the failure of the commissioner of health or the superintendent  of  the
   45  department  of  financial  services  or any council to adopt or amend or
   46  promulgate regulations implementing this act.
   47                                   PART C
   48    Section 1.  Section 48-a of part A of chapter 56 of the laws  of  2013
   49  amending  chapter  59 of the laws of 2011 amending the public health law
   50  and other laws relating to general  hospital  reimbursement  for  annual
   51  rates  relating to the cap on local Medicaid expenditures, as amended by
   52  section 13 of part C of chapter 60 of the laws of 2014,  is  amended  to
   53  read as follows:
       A. 6007                            33
    1    S  48-a. 1. Notwithstanding any contrary provision of law, the commis-
    2  sioners of the office of alcoholism and substance abuse services and the
    3  office of mental health are authorized, subject to the approval  of  the
    4  director  of the budget, to transfer to the commissioner of health state
    5  funds  to  be  utilized as the state share for the purpose of increasing
    6  payments under  the  medicaid  program  to  managed  care  organizations
    7  licensed  under  article 44 of the public health law or under article 43
    8  of the insurance law. Such managed care organizations shall utilize such
    9  funds for the purpose of  reimbursing  providers  licensed  pursuant  to
   10  article  28  of  the public health law or article 31 or 32 of the mental
   11  hygiene law for ambulatory behavioral health services, as determined  by
   12  the  commissioner  of  health,  in consultation with the commissioner of
   13  alcoholism and substance abuse services  and  the  commissioner  of  the
   14  office of mental health, provided to medicaid eligible outpatients. Such
   15  reimbursement  shall  be in the form of fees for such services which are
   16  equivalent to the payments established for such services under the ambu-
   17  latory patient group (APG) rate-setting methodology as utilized  by  the
   18  department  of  health,  the  office  of  alcoholism and substance abuse
   19  services, or the office of  mental  health  for  rate-setting  purposes;
   20  provided, however, that the increase to such fees that shall result from
   21  the provisions of this section shall not, in the aggregate and as deter-
   22  mined  by  the  commissioner of health, in consultation with the commis-
   23  sioner of alcoholism and substance abuse services and  the  commissioner
   24  of the office of mental health, be greater than the increased funds made
   25  available  pursuant  to  this section.   The increase of such ambulatory
   26  behavioral health fees to providers available under this  section  shall
   27  be for all rate periods on and after the effective date of [the] SECTION
   28  13  OF  PART  C  OF  chapter  60 of the laws of 2014 [which amended this
   29  section] through December 31, 2016 for patients in the city of New York,
   30  for all rate periods on and after the effective date of [the] SECTION 13
   31  OF PART C OF chapter 60 of the laws of 2014 [which amended this section]
   32  through June 30, 2017 for patients outside the city of New York, and for
   33  all rate periods on and after the effective date of such chapter [of the
   34  laws of 2014 which amended this section] through December 31,  2017  for
   35  all  services provided to persons under the age of twenty-one; provided,
   36  however, that managed care organizations  and  providers  may  negotiate
   37  different  rates  and  methods  of payment during such periods described
   38  above, subject to the approval of the department of health. The  depart-
   39  ment of health shall consult with the office of alcoholism and substance
   40  abuse  services  and  the office of mental health in determining whether
   41  such alternative rates shall be approved.  The  commissioner  of  health
   42  may,  in  consultation with the commissioner of alcoholism and substance
   43  abuse services and the commissioner of  the  office  of  mental  health,
   44  promulgate  regulations,  including  emergency  regulations  promulgated
   45  prior to October 1, 2015 to establish rates  for  ambulatory  behavioral
   46  health  services,  as  are necessary to implement the provisions of this
   47  section. Rates promulgated under this section shall be included  in  the
   48  report required under section 45-c of part A of this chapter.
   49    2.  NOTWITHSTANDING  ANY  CONTRARY  PROVISION OF LAW, THE FEES PAID BY
   50  MANAGED CARE ORGANIZATIONS LICENSED  UNDER  ARTICLE  44  OF  THE  PUBLIC
   51  HEALTH  LAW  OR  UNDER  ARTICLE  43  OF  THE INSURANCE LAW, TO PROVIDERS
   52  LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW OR  ARTICLE  31
   53  OR  32  OF  THE  MENTAL  HYGIENE  LAW,  FOR AMBULATORY BEHAVIORAL HEALTH
   54  SERVICES PROVIDED TO PATIENTS ENROLLED IN  THE  CHILD  HEALTH  INSURANCE
   55  PROGRAM  PURSUANT TO TITLE ONE-A OF ARTICLE 25 OF THE PUBLIC HEALTH LAW,
   56  SHALL BE IN THE FORM OF FEES FOR SUCH SERVICES WHICH ARE  EQUIVALENT  TO
       A. 6007                            34
    1  THE  PAYMENTS ESTABLISHED FOR SUCH SERVICES UNDER THE AMBULATORY PATIENT
    2  GROUP (APG) RATE-SETTING METHODOLOGY. THE COMMISSIONER OF  HEALTH  SHALL
    3  CONSULT WITH THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
    4  AND  THE  COMMISSIONER  OF THE OFFICE OF MENTAL HEALTH ESTABLISHING SUCH
    5  FEES. SUCH AMBULATORY   BEHAVIORAL HEALTH FEES  TO  PROVIDERS  AVAILABLE
    6  UNDER THIS SECTION SHALL BE FOR ALL RATE PERIODS ON AND AFTER THE EFFEC-
    7  TIVE  DATE OF THIS CHAPTER THROUGH DECEMBER 31, 2017, PROVIDED, HOWEVER,
    8  THAT MANAGED CARE ORGANIZATIONS AND PROVIDERS  MAY  NEGOTIATE  DIFFERENT
    9  RATES  AND  METHODS  OF  PAYMENT  DURING  SUCH  PERIODS DESCRIBED ABOVE,
   10  SUBJECT TO THE APPROVAL OF THE DEPARTMENT OF HEALTH. THE  DEPARTMENT  OF
   11  HEALTH  SHALL  CONSULT WITH THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
   12  SERVICES AND THE OFFICE OF MENTAL HEALTH  IN  DETERMINING  WHETHER  SUCH
   13  ALTERNATIVE  RATES  SHALL BE APPROVED. THE REPORT REQUIRED UNDER SECTION
   14  16-A OF PART C OF CHAPTER 60 OF THE LAWS OF 2014 SHALL ALSO INCLUDE  THE
   15  POPULATION  OF  PATIENTS  ENROLLED IN THE CHILD HEALTH INSURANCE PROGRAM
   16  PURSUANT TO TITLE ONE-A OF ARTICLE 25 OF THE PUBLIC HEALTH  LAW  IN  ITS
   17  EXAMINATION ON THE TRANSITION OF BEHAVIORAL HEALTH SERVICES INTO MANAGED
   18  CARE.
   19    S  2.  Section 1 of part H of chapter 111 of the laws of 2010 relating
   20  to increasing Medicaid payments to providers through managed care organ-
   21  izations and providing equivalent fees  through  an  ambulatory  patient
   22  group  methodology,  as amended by section 15 of part C of chapter 60 of
   23  the laws of 2014, is amended to read as follows:
   24    Section 1. A. Notwithstanding  any  contrary  provision  of  law,  the
   25  commissioners  of  mental  health  and  alcoholism  and  substance abuse
   26  services are authorized, subject to the approval of the director of  the
   27  budget,  to  transfer  to  the  commissioner of health state funds to be
   28  utilized as the state share for the purpose of increasing payments under
   29  the medicaid program to managed care organizations licensed under  arti-
   30  cle  44  of  the  public health law or under article 43 of the insurance
   31  law. Such managed care organizations shall utilize such  funds  for  the
   32  purpose  of reimbursing providers licensed pursuant to article 28 of the
   33  public health law, or pursuant to article 31 or article 32 of the mental
   34  hygiene law for ambulatory behavioral health services, as determined  by
   35  the  commissioner  of  health  in  consultation with the commissioner of
   36  mental  health  and  commissioner  of  alcoholism  and  substance  abuse
   37  services,  provided to medicaid eligible outpatients. Such reimbursement
   38  shall be in the form of fees for such services which are  equivalent  to
   39  the  payments established for such services under the ambulatory patient
   40  group (APG) rate-setting methodology as utilized by  the  department  of
   41  health  or  by  the  office of mental health or office of alcoholism and
   42  substance abuse services for rate-setting purposes;  provided,  however,
   43  that  the increase to such fees that shall result from the provisions of
   44  this section shall not, in  the  aggregate  and  as  determined  by  the
   45  commissioner  of health in consultation with the commissioners of mental
   46  health and alcoholism and substance abuse services, be greater than  the
   47  increased funds made available pursuant to this section. The increase of
   48  such  behavioral  health  fees to providers available under this section
   49  shall be for all rate periods on and after the effective date  of  [the]
   50  SECTION  15  OF  PART C OF chapter 60 of the laws of 2014 [which amended
   51  this section] through December 31, 2016 for patients in the city of  New
   52  York,  for  all  rate  periods  on and after the effective date of [the]
   53  SECTION 15 OF PART C OF chapter 60 of the laws of  2014  [which  amended
   54  this section] through June 30, 2017 for patients outside the city of New
   55  York,  and for all rate periods on and after the effective date of [the]
   56  SECTION 15 OF PART C OF chapter 60 of the laws of  2014  [which  amended
       A. 6007                            35
    1  this  section]  through  December  31, 2017 for all services provided to
    2  persons under the age of twenty-one;  provided,  however,  that  managed
    3  care organizations and providers may negotiate different rates and meth-
    4  ods of payment during such periods described, subject to the approval of
    5  the  department  of  health. The department of health shall consult with
    6  the office of alcoholism and substance abuse services and the office  of
    7  mental  health  in  determining  whether such alternative rates shall be
    8  approved. The commissioner of  health  may,  in  consultation  with  the
    9  commissioners  of  mental  health  and  alcoholism  and  substance abuse
   10  services,  promulgate  regulations,  including   emergency   regulations
   11  promulgated prior to October 1, 2013 that establish rates for behavioral
   12  health  services,  as  are necessary to implement the provisions of this
   13  section. Rates promulgated under this section shall be included  in  the
   14  report  required  under section 45-c of part A of chapter 56 of the laws
   15  of 2013.
   16    B. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW,  THE  FEES  PAID  BY
   17  MANAGED  CARE  ORGANIZATIONS  LICENSED  UNDER  ARTICLE  44 OF THE PUBLIC
   18  HEALTH LAW OR UNDER ARTICLE  43  OF  THE  INSURANCE  LAW,  TO  PROVIDERS
   19  LICENSED  PURSUANT  TO ARTICLE 28 OF THE PUBLIC HEALTH LAW OR ARTICLE 31
   20  OR 32 OF THE  MENTAL  HYGIENE  LAW,  FOR  AMBULATORY  BEHAVIORAL  HEALTH
   21  SERVICES  PROVIDED  TO  PATIENTS  ENROLLED IN THE CHILD HEALTH INSURANCE
   22  PROGRAM PURSUANT TO TITLE ONE-A OF ARTICLE 25 OF THE PUBLIC HEALTH  LAW,
   23  SHALL  BE  IN THE FORM OF FEES FOR SUCH SERVICES WHICH ARE EQUIVALENT TO
   24  THE PAYMENTS ESTABLISHED FOR SUCH SERVICES UNDER THE AMBULATORY  PATIENT
   25  GROUP  (APG)  RATE-SETTING METHODOLOGY. THE COMMISSIONER OF HEALTH SHALL
   26  CONSULT WITH THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
   27  AND THE COMMISSIONER OF THE OFFICE OF MENTAL  HEALTH  ESTABLISHING  SUCH
   28  FEES.  SUCH  AMBULATORY  BEHAVIORAL  HEALTH  FEES TO PROVIDERS AVAILABLE
   29  UNDER THIS SECTION SHALL BE FOR ALL RATE PERIODS ON AND AFTER THE EFFEC-
   30  TIVE DATE OF THIS CHAPTER THROUGH DECEMBER 31, 2017, PROVIDED,  HOWEVER,
   31  THAT  MANAGED  CARE  ORGANIZATIONS AND PROVIDERS MAY NEGOTIATE DIFFERENT
   32  RATES AND METHODS  OF  PAYMENT  DURING  SUCH  PERIODS  DESCRIBED  ABOVE,
   33  SUBJECT  TO  THE APPROVAL OF THE DEPARTMENT OF HEALTH. THE DEPARTMENT OF
   34  HEALTH SHALL CONSULT WITH THE OFFICE OF ALCOHOLISM AND  SUBSTANCE  ABUSE
   35  SERVICES  AND  THE  OFFICE  OF MENTAL HEALTH IN DETERMINING WHETHER SUCH
   36  ALTERNATIVE RATES SHALL BE APPROVED. THE REPORT REQUIRED  UNDER  SECTION
   37  16-A  OF PART C OF CHAPTER 60 OF THE LAWS OF 2014 SHALL ALSO INCLUDE THE
   38  POPULATION OF PATIENTS ENROLLED IN THE CHILD  HEALTH  INSURANCE  PROGRAM
   39  PURSUANT  TO  TITLE  ONE-A OF ARTICLE 25 OF THE PUBLIC HEALTH LAW IN ITS
   40  EXAMINATION ON THE TRANSITION OF BEHAVIORAL HEALTH SERVICES INTO MANAGED
   41  CARE.
   42    S 3. Notwithstanding any inconsistent provision of law, rule or  regu-
   43  lation, for purposes of implementing the provisions of the public health
   44  law and the social services law, references to titles XIX and XXI of the
   45  federal  social  security  act  in  the public health law and the social
   46  services law shall be deemed to include and also to mean  any  successor
   47  titles thereto under the federal social security act.
   48    S  4. Notwithstanding any inconsistent provision of law, rule or regu-
   49  lation, the effectiveness of the provisions of sections 2807 and 3614 of
   50  the public health law, section 18 of chapter 2 of the laws of 1988,  and
   51  18  NYCRR  505.14(h), as they relate to time frames for notice, approval
   52  or certification of rates of payment, are hereby suspended  and  without
   53  force or effect for purposes of implementing the provisions of this act.
   54    S 5. Severability clause. If any clause, sentence, paragraph, subdivi-
   55  sion,  section  or  part  of  this act shall be adjudged by any court of
   56  competent jurisdiction to be invalid, such judgment  shall  not  affect,
       A. 6007                            36
    1  impair or invalidate the remainder thereof, but shall be confined in its
    2  operation  to  the  clause, sentence, paragraph, subdivision, section or
    3  part thereof directly involved in the controversy in which such judgment
    4  shall  have been rendered. It is hereby declared to be the intent of the
    5  legislature that this act would have been enacted even if  such  invalid
    6  provisions had not been included herein.
    7    S  6.  This  act  shall take effect immediately and shall be deemed to
    8  have been in full force and effect on and after April 1, 2015. Provided,
    9  however that:
   10    1. any rules or regulations necessary to implement the  provisions  of
   11  this  act  may be promulgated and any procedures, forms, or instructions
   12  necessary for such implementation may be adopted and issued on or  after
   13  the date this act shall have become a law;
   14    2. this act shall not be construed to alter, change, affect, impair or
   15  defeat any rights, obligations, duties or interests accrued, incurred or
   16  conferred prior to the effective date of this act;
   17    3. the commissioner of health and the superintendent of the department
   18  of  financial  services  and  any appropriate council may take any steps
   19  necessary to implement this act prior to its effective date;
   20    4. notwithstanding any inconsistent provision of the state administra-
   21  tive procedure act or any other provision of law,  rule  or  regulation,
   22  the  commissioner  of health and the superintendent of the department of
   23  financial services and any appropriate council is authorized to adopt or
   24  amend or promulgate on an emergency basis any regulation he  or  she  or
   25  such council determines necessary to implement any provision of this act
   26  on its effective date;
   27    5.  the  provisions of this act shall become effective notwithstanding
   28  the failure of the commissioner of health or the superintendent  of  the
   29  department  of  financial  services  or any council to adopt or amend or
   30  promulgate regulations implementing this act; and
   31    6. the amendments to section 48-a of part A of chapter 56 of the  laws
   32  of  2013  made by section one of this act shall not affect the repeal of
   33  such section and shall be deemed repealed therewith and  the  amendments
   34  to  section  1  of  part  H  of  chapter 111 of the laws of 2010 made by
   35  section two of this act shall not affect the expiration of such  section
   36  and shall be deemed to expire therewith.
   37                                   PART D
   38    Section 1. Section 11 of chapter 884 of the laws of 1990, amending the
   39  public  health  law  relating  to  authorizing bad debt and charity care
   40  allowances for certified home health agencies, as amended by  section  3
   41  of  part  B  of  chapter  56  of the laws of 2013, is amended to read as
   42  follows:
   43    S 11. This act shall take effect immediately and:
   44    (a) sections one and three shall expire on December 31, 1996,
   45    (b) [sections four through ten shall expire on June 30, 2015, and
   46    (c)] provided that the amendment  to  section  2807-b  of  the  public
   47  health law by section two of this act shall not affect the expiration of
   48  such  section 2807-b as otherwise provided by law and shall be deemed to
   49  expire therewith.
   50    S 2. Subdivision 2 of section 246 of chapter 81 of the laws  of  1995,
   51  amending  the  public  health  law  and  other  laws relating to medical
   52  reimbursement and welfare reform, as amended by section 4 of part  B  of
   53  chapter 56 of the laws of 2013, is amended to read as follows:
       A. 6007                            37
    1    2.  Sections  five,  seven  through nine, twelve through fourteen, and
    2  eighteen of this act shall be deemed to have  been  in  full  force  and
    3  effect  on  and  after  April  1, 1995 through March 31, 1999 and on and
    4  after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
    5  through  March 31, 2003 and on and after April 1, 2003 through March 31,
    6  2006 and on and after April 1, 2006 through March 31, 2007  and  on  and
    7  after  April  1,  2007  through March 31, 2009 and on and after April 1,
    8  2009 through March 31, 2011 and sections twelve, thirteen  and  fourteen
    9  of  this act shall be deemed to be in full force and effect on and after
   10  April 1, 2011 through March 31, [2015] 2017;
   11    S 3. Subparagraph (vi) of paragraph (b) of subdivision  2  of  section
   12  2807-d  of  the  public health law, as amended by section 5 of part B of
   13  chapter 56 of the laws of 2013, is amended to read as follows:
   14    (vi) Notwithstanding any contrary provision of this paragraph  or  any
   15  other  provision  of  law or regulation to the contrary, for residential
   16  health care facilities the assessment shall be six percent of each resi-
   17  dential health care facility's gross receipts received from all  patient
   18  care  services and other operating income on a cash basis for the period
   19  April first, two thousand two through March thirty-first,  two  thousand
   20  three  for  hospital  or  health-related  services,  including adult day
   21  services; provided, however, that residential  health  care  facilities'
   22  gross receipts attributable to payments received pursuant to title XVIII
   23  of the federal social security act (medicare) shall be excluded from the
   24  assessment; provided, however, that for all such gross receipts received
   25  on  or after April first, two thousand three through March thirty-first,
   26  two thousand five, such assessment shall be five  percent,  and  further
   27  provided  that  for  all  such gross receipts received on or after April
   28  first, two thousand five through March thirty-first, two thousand  nine,
   29  and  on  or  after  April first, two thousand nine through March thirty-
   30  first, two thousand eleven such assessment shall  be  six  percent,  and
   31  further  provided  that for all such gross receipts received on or after
   32  April first, two thousand eleven through March thirty-first,  two  thou-
   33  sand thirteen such assessment shall be six percent, and further provided
   34  that  for  all such gross receipts received on or after April first, two
   35  thousand thirteen through March thirty-first, two thousand fifteen  such
   36  assessment  shall be six percent, AND FURTHER PROVIDED THAT FOR ALL SUCH
   37  GROSS RECEIPTS RECEIVED ON OR AFTER APRIL FIRST,  TWO  THOUSAND  FIFTEEN
   38  THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN SUCH ASSESSMENT SHALL
   39  BE SIX PERCENT.
   40    S  4.  Section 88 of chapter 659 of the laws of 1997, constituting the
   41  long term care integration and  finance  act  of  1997,  as  amended  by
   42  section  6  of  part  B of chapter 56 of the laws of 2013, is amended to
   43  read as follows:
   44    S 88. Notwithstanding any provision of law to the contrary, all  oper-
   45  ating demonstrations, as such term is defined in paragraph (c) of subdi-
   46  vision  1 of section 4403-f of the public health law as added by section
   47  eighty-two of this act, due to expire prior to January 1, 2001 shall  be
   48  deemed  to [expire on December 31, 2015] REMAIN IN FULL FORCE AND EFFECT
   49  SUBSEQUENT TO SUCH DATE.
   50    S 5. Subdivision 1 of section 194 of chapter 474 of the laws of  1996,
   51  amending the education law and other laws relating to rates for residen-
   52  tial  health care facilities, as amended by section 9 of part B of chap-
   53  ter 56 of the laws of 2013, is amended to read as follows:
   54    1. Notwithstanding any inconsistent provision of  law  or  regulation,
   55  the  trend  factors  used to project reimbursable operating costs to the
   56  rate period for purposes of determining rates  of  payment  pursuant  to
       A. 6007                            38
    1  article  28 of the public health law for residential health care facili-
    2  ties for reimbursement of inpatient services provided to patients eligi-
    3  ble for payments made by state governmental agencies on and after  April
    4  1,  1996  through March 31, 1999 and for payments made on and after July
    5  1, 1999 through March 31, 2000 and on and after April  1,  2000  through
    6  March 31, 2003 and on and after April 1, 2003 through March 31, 2007 and
    7  on and after April 1, 2007 through March 31, 2009 and on and after April
    8  1,  2009  through  March 31, 2011 and on and after April 1, 2011 through
    9  March 31, 2013 and on and after April 1, 2013 through March 31,  2015  ,
   10  AND  ON  AND AFTER APRIL 1, 2015 THROUGH MARCH 31, 2017 shall reflect no
   11  trend factor projections or adjustments for the period  April  1,  1996,
   12  through March 31, 1997.
   13    S 6. Subdivision 1 of section 89-a of part C of chapter 58 of the laws
   14  of  2007,  amending  the  social services law and other laws relating to
   15  enacting the major components of legislation necessary to implement  the
   16  health and mental hygiene budget for the 2007-2008 state fiscal year, as
   17  amended  by  section  10 of part B of chapter 56 of the laws of 2013, is
   18  amended to read as follows:
   19    1. Notwithstanding paragraph (c) of subdivision 10 of  section  2807-c
   20  of  the  public  health  law  and section 21 of chapter 1 of the laws of
   21  1999, as amended, and any other inconsistent provision of law  or  regu-
   22  lation  to  the  contrary,  in  determining  rates  of payments by state
   23  governmental agencies effective for services provided beginning April 1,
   24  2006, through March 31, 2009, and on and after  April  1,  2009  through
   25  March  31,  2011, and on and after April 1, 2011 through March 31, 2013,
   26  and on and after April 1, 2013 through March 31, 2015, AND ON AND  AFTER
   27  APRIL  1,  2015  THROUGH  MARCH  31,  2017  for inpatient and outpatient
   28  services provided by general hospitals and for  inpatient  services  and
   29  outpatient adult day health care services provided by residential health
   30  care  facilities  pursuant  to  article 28 of the public health law, the
   31  commissioner of health shall apply a trend factor projection of two  and
   32  twenty-five  hundredths  percent  attributable  to the period January 1,
   33  2006 through December 31, 2006,  and  on  and  after  January  1,  2007,
   34  provided,  however,  that on reconciliation of such trend factor for the
   35  period January 1, 2006 through December 31, 2006 pursuant  to  paragraph
   36  (c)  of  subdivision 10 of section 2807-c of the public health law, such
   37  trend factor shall be the final US Consumer Price Index  (CPI)  for  all
   38  urban  consumers,  as published by the US Department of Labor, Bureau of
   39  Labor Statistics less twenty-five hundredths of a percentage point.
   40    S 7. Paragraph (f) of subdivision 1 of section 64 of chapter 81 of the
   41  laws of 1995, amending the public health law and other laws relating  to
   42  medical  reimbursement  and  welfare reform, as amended by section 11 of
   43  part B of chapter 56 of the laws of 2013, is amended to read as follows:
   44    (f) Prior to February 1, 2001, February 1,  2002,  February  1,  2003,
   45  February  1, 2004, February 1, 2005, February 1, 2006, February 1, 2007,
   46  February 1, 2008, February 1, 2009, February 1, 2010, February 1,  2011,
   47  February 1, 2012, February 1, 2013 [and], February 1, 2014 [and], Febru-
   48  ary  1, 2015 , FEBRUARY 1, 2016 AND FEBRUARY 1, 2017 the commissioner of
   49  health shall calculate the result of the statewide total of  residential
   50  health  care  facility  days  of care provided to beneficiaries of title
   51  XVIII of the federal social security act (medicare), divided by the  sum
   52  of  such  days  of care plus days of care provided to residents eligible
   53  for payments pursuant to title 11 of article 5 of  the  social  services
   54  law  minus  the  number  of days provided to residents receiving hospice
   55  care, expressed as a percentage, for the period  commencing  January  1,
   56  through  November 30, of the prior year respectively, based on such data
       A. 6007                            39
    1  for such period. This value shall be called the 2000, 2001, 2002,  2003,
    2  2004,  2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 [and],
    3  2015, 2016 AND 2017 statewide target percentage respectively.
    4    S 8. Subparagraph (ii) of paragraph (b) of subdivision 3 of section 64
    5  of  chapter  81  of the laws of 1995, amending the public health law and
    6  other laws relating to medical  reimbursement  and  welfare  reform,  as
    7  amended  by  section  12 of part B of chapter 56 of the laws of 2013, is
    8  amended to read as follows:
    9    (ii) If the 1997, 1998, 2000, 2001,  2002,  2003,  2004,  2005,  2006,
   10  2007,  2008,  2009,  2010,  2011, 2012, 2013, 2014 [and], 2015, 2016 AND
   11  2017 statewide target percentages are not for each year at  least  three
   12  percentage points higher than the statewide base percentage, the commis-
   13  sioner  of  health shall determine the percentage by which the statewide
   14  target percentage for each year is not at least three percentage  points
   15  higher  than  the  statewide  base percentage. The percentage calculated
   16  pursuant to this paragraph shall be called the 1997, 1998,  2000,  2001,
   17  2002,  2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013,
   18  2014 [and], 2015, 2016 AND 2017 statewide reduction  percentage  respec-
   19  tively.    If  the 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
   20  2007, 2008, 2009, 2010, 2011, 2012, 2013[;], 2014 [and], 2015, 2016  AND
   21  2017  statewide  target  percentage  for the respective year is at least
   22  three percentage points higher than the statewide base  percentage,  the
   23  statewide reduction percentage for the respective year shall be zero.
   24    S  9.  Subparagraph (iii) of paragraph (b) of subdivision 4 of section
   25  64 of chapter 81 of the laws of 1995, amending the public health law and
   26  other laws relating to medical  reimbursement  and  welfare  reform,  as
   27  amended  by  section  13 of part B of chapter 56 of the laws of 2013, is
   28  amended to read as follows:
   29    (iii) The 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,  2008,
   30  2009,  2010, 2011, 2012, 2013, 2014 [and], 2015, 2016 AND 2017 statewide
   31  reduction percentage shall be multiplied  by  one  hundred  two  million
   32  dollars  respectively  to  determine  the  1998, 2000, 2001, 2002, 2003,
   33  2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014  [and],
   34  2015,  2016  AND  2017 statewide aggregate reduction amount. If the 1998
   35  and the 2000, 2001, 2002, 2003, 2004,  2005,  2006,  2007,  2008,  2009,
   36  2010,  2011,  2012,  2013,  2014  [and],  2015,  2016 AND 2017 statewide
   37  reduction percentage shall be zero respectively, there shall be no 1998,
   38  2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,  2011,
   39  2012, 2013, 2014 [and], 2015, 2016 AND 2017 reduction amount.
   40    S  10.  Section  228  of chapter 474 of the laws of 1996, amending the
   41  education law and other laws relating to rates  for  residential  health
   42  care  facilities,  as amended by section 14-a of part B of chapter 56 of
   43  the laws of 2013, is amended to read as follows:
   44    S 228. 1. Definitions. (a) Regions,  for  purposes  of  this  section,
   45  shall  mean  a downstate region to consist of Kings, New York, Richmond,
   46  Queens, Bronx, Nassau and Suffolk counties  and  an  upstate  region  to
   47  consist  of  all  other New York state counties. A certified home health
   48  agency or long term home health care program shall  be  located  in  the
   49  same county utilized by the commissioner of health for the establishment
   50  of rates pursuant to article 36 of the public health law.
   51    (b)  Certified  home  health  agency  (CHHA)  shall  mean such term as
   52  defined in section 3602 of the public health law.
   53    (c) Long term home health care program (LTHHCP) shall mean  such  term
   54  as defined in subdivision 8 of section 3602 of the public health law.
   55    (d) Regional group shall mean all those CHHAs and LTHHCPs, respective-
   56  ly, located within a region.
       A. 6007                            40
    1    (e)  Medicaid  revenue percentage, for purposes of this section, shall
    2  mean CHHA and LTHHCP  revenues  attributable  to  services  provided  to
    3  persons  eligible  for payments pursuant to title 11 of article 5 of the
    4  social services law divided by such revenues plus CHHA and LTHHCP reven-
    5  ues attributable to services provided to beneficiaries of Title XVIII of
    6  the federal social security act (medicare).
    7    (f)  Base  period,  for  purposes of this section, shall mean calendar
    8  year 1995.
    9    (g) Target period. For purposes of this section, the 1996 target peri-
   10  od shall mean August 1, 1996 through March 31,  1997,  the  1997  target
   11  period  shall  mean  January 1, 1997 through November 30, 1997, the 1998
   12  target period shall mean January 1, 1998 through November 30, 1998,  the
   13  1999 target period shall mean January 1, 1999 through November 30, 1999,
   14  the  2000  target period shall mean January 1, 2000 through November 30,
   15  2000, the 2001 target period shall mean January 1, 2001 through November
   16  30, 2001, the 2002 target period shall  mean  January  1,  2002  through
   17  November  30,  2002,  the  2003 target period shall mean January 1, 2003
   18  through November 30, 2003, the 2004 target period shall mean January  1,
   19  2004  through  November  30, 2004, and the 2005 target period shall mean
   20  January 1, 2005 through November 30, 2005, the 2006 target period  shall
   21  mean  January  1,  2006  through  November 30, 2006, and the 2007 target
   22  period shall mean January 1, 2007 through November 30, 2007 and the 2008
   23  target period shall mean January 1, 2008 through November 30, 2008,  and
   24  the  2009  target period shall mean January 1, 2009 through November 30,
   25  2009 and the 2010 target period  shall  mean  January  1,  2010  through
   26  November  30, 2010 and the 2011 target period shall mean January 1, 2011
   27  through November 30, 2011 and the 2012 target period shall mean  January
   28  1,  2012 through November 30, 2012 and the 2013 target period shall mean
   29  January 1, 2013 through November 30, 2013, and the  2014  target  period
   30  shall mean January 1, 2014 through November 30, 2014 and the 2015 target
   31  period shall mean January 1, 2015 through November 30, 2015 AND THE 2016
   32  TARGET  PERIOD SHALL MEAN JANUARY 1, 2016 THROUGH NOVEMBER 30, 2016, AND
   33  THE 2017 TARGET PERIOD SHALL MEAN JANUARY 1, 2017 THROUGH  NOVEMBER  30,
   34  2017.
   35    2.  (a) Prior to February 1, 1997, for each regional group the commis-
   36  sioner of health shall calculate the 1996 medicaid  revenue  percentages
   37  for the period commencing August 1, 1996 to the last date for which such
   38  data is available and reasonably accurate.
   39    (b)  Prior  to  February  1, 1998, prior to February 1, 1999, prior to
   40  February 1, 2000, prior to February 1, 2001, prior to February 1,  2002,
   41  prior  to February 1, 2003, prior to February 1, 2004, prior to February
   42  1, 2005, prior to February 1, 2006, prior to February 1, 2007, prior  to
   43  February  1, 2008, prior to February 1, 2009, prior to February 1, 2010,
   44  prior to February 1, 2011, prior to February 1, 2012, prior to  February
   45  1,  2013,  prior  to  February 1, 2014, [and] prior to February 1, 2015,
   46  PRIOR TO FEBRUARY 1, 2016  AND  PRIOR  TO  FEBRUARY  1,  2017  for  each
   47  regional  group  the  commissioner  of  health shall calculate the prior
   48  year's medicaid revenue percentages for the period commencing January  1
   49  through November 30 of such prior year.
   50    3.  By September 15, 1996, for each regional group the commissioner of
   51  health shall calculate the base period medicaid revenue percentage.
   52    4. (a) For each regional  group,  the  1996  target  medicaid  revenue
   53  percentage  shall be calculated by subtracting the 1996 medicaid revenue
   54  reduction percentages from the base period medicaid revenue percentages.
   55  The 1996 medicaid revenue  reduction  percentage,  taking  into  account
       A. 6007                            41
    1  regional and program differences in utilization of medicaid and medicare
    2  services, for the following regional groups shall be equal to:
    3    (i)  one  and one-tenth percentage points for CHHAs located within the
    4  downstate region;
    5    (ii) six-tenths of one percentage point for CHHAs located  within  the
    6  upstate region;
    7    (iii) one and eight-tenths percentage points for LTHHCPs located with-
    8  in the downstate region; and
    9    (iv) one and seven-tenths percentage points for LTHHCPs located within
   10  the upstate region.
   11    (b)  For  1997,  1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
   12  2008, 2009, 2010, 2011, 2012, 2013, 2014 [and], 2015, 2016 AND 2017  for
   13  each  regional  group,  the  target  medicaid revenue percentage for the
   14  respective year shall be calculated by subtracting the respective year's
   15  medicaid revenue reduction percentage  from  the  base  period  medicaid
   16  revenue percentage. The medicaid revenue reduction percentages for 1997,
   17  1998,  2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,
   18  2011, 2012, 2013, 2014 [and], 2015, 2016 AND 2017  taking  into  account
   19  regional and program differences in utilization of medicaid and medicare
   20  services,  for  the following regional groups shall be equal to for each
   21  such year:
   22    (i) one and one-tenth percentage points for CHHAs located  within  the
   23  downstate region;
   24    (ii)  six-tenths  of one percentage point for CHHAs located within the
   25  upstate region;
   26    (iii) one and eight-tenths percentage points for LTHHCPs located with-
   27  in the downstate region; and
   28    (iv) one and seven-tenths percentage points for LTHHCPs located within
   29  the upstate region.
   30    (c) For each regional group, the 1999 target medicaid revenue percent-
   31  age shall  be  calculated  by  subtracting  the  1999  medicaid  revenue
   32  reduction  percentage  from the base period medicaid revenue percentage.
   33  The 1999 medicaid revenue reduction  percentages,  taking  into  account
   34  regional and program differences in utilization of medicaid and medicare
   35  services, for the following regional groups shall be equal to:
   36    (i)  eight  hundred  twenty-five  thousandths (.825) of one percentage
   37  point for CHHAs located within the downstate region;
   38    (ii) forty-five hundredths (.45) of one  percentage  point  for  CHHAs
   39  located within the upstate region;
   40    (iii)  one  and  thirty-five  hundredths  percentage points (1.35) for
   41  LTHHCPs located within the downstate region; and
   42    (iv) one and two hundred seventy-five  thousandths  percentage  points
   43  (1.275) for LTHHCPs located within the upstate region.
   44    5.  (a) For each regional group, if the 1996 medicaid revenue percent-
   45  age is not equal to or  less  than  the  1996  target  medicaid  revenue
   46  percentage,  the  commissioner of health shall compare the 1996 medicaid
   47  revenue percentage to the 1996 target  medicaid  revenue  percentage  to
   48  determine  the  amount  of the shortfall which, when divided by the 1996
   49  medicaid  revenue  reduction  percentage,  shall  be  called  the   1996
   50  reduction  factor.  These  amounts, expressed as a percentage, shall not
   51  exceed one hundred percent. If the 1996 medicaid revenue  percentage  is
   52  equal  to  or less than the 1996 target medicaid revenue percentage, the
   53  1996 reduction factor shall be zero.
   54    (b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003,  2004,  2005,  2006,
   55  2007,  2008,  2009,  2010,  2011, 2012, 2013, 2014 [and], 2015, 2016 AND
   56  2017 for each regional group, if the medicaid revenue percentage for the
       A. 6007                            42
    1  respective year is not equal to or less than the target medicaid revenue
    2  percentage for such respective year, the commissioner  of  health  shall
    3  compare  such  respective  year's  medicaid  revenue  percentage to such
    4  respective  year's  target  medicaid revenue percentage to determine the
    5  amount of the shortfall which, when divided  by  the  respective  year's
    6  medicaid  revenue  reduction  percentage,  shall be called the reduction
    7  factor for such respective year. These amounts, expressed as a  percent-
    8  age,  shall  not  exceed  one  hundred  percent. If the medicaid revenue
    9  percentage for a particular year is equal to or  less  than  the  target
   10  medicaid revenue percentage for that year, the reduction factor for that
   11  year shall be zero.
   12    6.  (a)  For  each  regional group, the 1996 reduction factor shall be
   13  multiplied by the following amounts to determine each  regional  group's
   14  applicable 1996 state share reduction amount:
   15    (i) two million three hundred ninety thousand dollars ($2,390,000) for
   16  CHHAs located within the downstate region;
   17    (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
   18  within the upstate region;
   19    (iii)  one  million  two hundred seventy thousand dollars ($1,270,000)
   20  for LTHHCPs located within the downstate region; and
   21    (iv) five hundred  ninety  thousand  dollars  ($590,000)  for  LTHHCPs
   22  located within the upstate region.
   23    For  each regional group reduction, if the 1996 reduction factor shall
   24  be zero, there shall be no 1996 state share reduction amount.
   25    (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004,  2005,  2006,  2007,
   26  2008,  2009, 2010, 2011, 2012, 2013, 2014 [and], 2015, 2016 AND 2017 for
   27  each regional group, the reduction factor for the respective year  shall
   28  be  multiplied  by  the  following  amounts  to  determine each regional
   29  group's applicable state share  reduction  amount  for  such  respective
   30  year:
   31    (i) two million three hundred ninety thousand dollars ($2,390,000) for
   32  CHHAs located within the downstate region;
   33    (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
   34  within the upstate region;
   35    (iii)  one  million  two hundred seventy thousand dollars ($1,270,000)
   36  for LTHHCPs located within the downstate region; and
   37    (iv) five hundred  ninety  thousand  dollars  ($590,000)  for  LTHHCPs
   38  located within the upstate region.
   39    For  each  regional  group  reduction,  if  the reduction factor for a
   40  particular year shall be zero, there shall be no state  share  reduction
   41  amount for such year.
   42    (c) For each regional group, the 1999 reduction factor shall be multi-
   43  plied by the following amounts to determine each regional group's appli-
   44  cable 1999 state share reduction amount:
   45    (i) one million seven hundred ninety-two thousand five hundred dollars
   46  ($1,792,500) for CHHAs located within the downstate region;
   47    (ii)  five  hundred sixty-two thousand five hundred dollars ($562,500)
   48  for CHHAs located within the upstate region;
   49    (iii) nine hundred fifty-two thousand five hundred dollars  ($952,500)
   50  for LTHHCPs located within the downstate region; and
   51    (iv)  four  hundred forty-two thousand five hundred dollars ($442,500)
   52  for LTHHCPs located within the upstate region.
   53    For each regional group reduction, if the 1999 reduction factor  shall
   54  be zero, there shall be no 1999 state share reduction amount.
   55    7.  (a) For each regional group, the 1996 state share reduction amount
   56  shall be allocated by the commissioner of health among CHHAs and LTHHCPs
       A. 6007                            43
    1  on the basis of the extent  of  each  CHHA's  and  LTHHCP's  failure  to
    2  achieve  the  1996  target  medicaid revenue percentage, calculated on a
    3  provider specific basis utilizing revenues for this  purpose,  expressed
    4  as  a  proportion  of  the  total of each CHHA's and LTHHCP's failure to
    5  achieve the 1996 target medicaid revenue percentage within the  applica-
    6  ble  regional group. This proportion shall be multiplied by the applica-
    7  ble 1996 state share reduction amount calculation pursuant to  paragraph
    8  (a)  of  subdivision  6 of this section. This amount shall be called the
    9  1996 provider specific state share reduction amount.
   10    (b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003,  2004,  2005,  2006,
   11  2007,  2008,  2009,  2010,  2011, 2012, 2013, 2014 [and], 2015, 2016 AND
   12  2017 for each regional group, the state share reduction amount  for  the
   13  respective  year  shall be allocated by the commissioner of health among
   14  CHHAs and LTHHCPs on the basis of the extent of each CHHA's and LTHHCP's
   15  failure to achieve the target medicaid revenue percentage for the appli-
   16  cable year, calculated on a provider specific basis  utilizing  revenues
   17  for  this purpose, expressed as a proportion of the total of each CHHA's
   18  and LTHHCP's failure to achieve the target medicaid  revenue  percentage
   19  for  the  applicable  year  within  the  applicable regional group. This
   20  proportion shall be multiplied by  the  applicable  year's  state  share
   21  reduction  amount calculation pursuant to paragraph (b) or (c) of subdi-
   22  vision 6 of this section. This  amount  shall  be  called  the  provider
   23  specific state share reduction amount for the applicable year.
   24    8.  (a)  The 1996 provider specific state share reduction amount shall
   25  be due to the state from each CHHA and LTHHCP and may be recouped by the
   26  state by March 31, 1997 in a lump sum amount or  amounts  from  payments
   27  due  to  the  CHHA  and  LTHHCP pursuant to title 11 of article 5 of the
   28  social services law.
   29    (b) The provider specific state share reduction amount for 1997, 1998,
   30  1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,  2010,
   31  2011, 2012, 2013, 2014 [and], 2015, 2016 AND 2017 respectively, shall be
   32  due  to the state from each CHHA and LTHHCP and each year the amount due
   33  for such year may be recouped by the state by March 31 of the  following
   34  year  in  a lump sum amount or amounts from payments due to the CHHA and
   35  LTHHCP pursuant to title 11 of article 5 of the social services law.
   36    9. CHHAs and LTHHCPs shall submit such data and  information  at  such
   37  times  as  the  commissioner  of health may require for purposes of this
   38  section. The commissioner of health may use data available  from  third-
   39  party payors.
   40    10. On or about June 1, 1997, for each regional group the commissioner
   41  of  health  shall  calculate for the period August 1, 1996 through March
   42  31, 1997 a medicaid revenue percentage,  a  reduction  factor,  a  state
   43  share  reduction  amount,  and a provider specific state share reduction
   44  amount in accordance with the methodology provided in paragraph  (a)  of
   45  subdivision 2, paragraph (a) of subdivision 5, paragraph (a) of subdivi-
   46  sion  6 and paragraph (a) of subdivision 7 of this section. The provider
   47  specific state share reduction amount calculated in accordance with this
   48  subdivision shall be compared to the 1996 provider specific state  share
   49  reduction amount calculated in accordance with paragraph (a) of subdivi-
   50  sion 7 of this section. Any amount in excess of the amount determined in
   51  accordance  with paragraph (a) of subdivision 7 of this section shall be
   52  due to the state from each CHHA  and  LTHHCP  and  may  be  recouped  in
   53  accordance  with  paragraph (a) of subdivision 8 of this section. If the
   54  amount is less than the amount determined in accordance  with  paragraph
   55  (a)  of  subdivision 7 of this section, the difference shall be refunded
   56  to the CHHA and LTHHCP by the state no later than July 15,  1997.  CHHAs
       A. 6007                            44
    1  and  LTHHCPs  shall  submit  data  for the period August 1, 1996 through
    2  March 31, 1997 to the commissioner of health by April 15, 1997.
    3    11.  If  a  CHHA  or  LTHHCP  fails  to submit data and information as
    4  required for purposes of this section:
    5    (a) such CHHA or LTHHCP shall be presumed to have no decrease in medi-
    6  caid revenue percentage between  the  applicable  base  period  and  the
    7  applicable  target  period  for purposes of the calculations pursuant to
    8  this section; and
    9    (b) the commissioner of health shall reduce the current rate  paid  to
   10  such  CHHA  and  such  LTHHCP by state governmental agencies pursuant to
   11  article 36 of the public health law by one percent for a  period  begin-
   12  ning on the first day of the calendar month following the applicable due
   13  date  as  established by the commissioner of health and continuing until
   14  the last day of the calendar month in which the required data and infor-
   15  mation are submitted.
   16    12. The commissioner of health shall inform in writing the director of
   17  the budget and the chair of the senate finance committee and  the  chair
   18  of  the  assembly  ways and means committee of the results of the calcu-
   19  lations pursuant to this section.
   20    S 11. Subdivision 5-a of section 246 of chapter  81  of  the  laws  of
   21  1995,  amending the public health law and other laws relating to medical
   22  reimbursement and welfare reform, as amended by section 15 of part B  of
   23  chapter 56 of the laws of 2013, is amended to read as follows:
   24    5-a.  Section sixty-four-a of this act shall be deemed to have been in
   25  full force and effect on and after April 1, 1995 through March 31,  1999
   26  and  on  and  after July 1, 1999 through March 31, 2000 and on and after
   27  April 1, 2000 through March 31, 2003 and on  and  after  April  1,  2003
   28  through March 31, 2007, and on and after April 1, 2007 through March 31,
   29  2009,  and on and after April 1, 2009 through March 31, 2011, and on and
   30  after April 1, 2011 through March 31, 2013, and on and  after  April  1,
   31  2013  through  March  31,  2015,  AND ON AND AFTER APRIL 1, 2015 THROUGH
   32  MARCH 31, 2017;
   33    S 12. Section 64-b of chapter 81 of the laws  of  1995,  amending  the
   34  public  health  law and other laws relating to medical reimbursement and
   35  welfare reform, as amended by section 16 of part B of chapter 56 of  the
   36  laws of 2013, is amended to read as follows:
   37    S  64-b.  Notwithstanding  any  inconsistent  provision  of  law,  the
   38  provisions of subdivision 7 of section 3614 of the public health law, as
   39  amended, shall remain and be in full force and effect on April  1,  1995
   40  through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
   41  and after April 1, 2000 through March 31, 2003 and on and after April 1,
   42  2003  through  March  31,  2007,  and on and after April 1, 2007 through
   43  March 31, 2009, and on and after April 1, 2009 through March  31,  2011,
   44  and  on and after April 1, 2011 through March 31, 2013, and on and after
   45  April 1, 2013 through March 31, 2015, AND ON AND  AFTER  APRIL  1,  2015
   46  THROUGH MARCH 31, 2017.
   47    S  13. Subdivision 1 of section 20 of chapter 451 of the laws of 2007,
   48  amending the public health law, the social services law and  the  insur-
   49  ance   law,   relating  to  providing  enhanced  consumer  and  provider
   50  protections, as amended by section 17 of part B of  chapter  56  of  the
   51  laws of 2013, is amended to read as follows:
   52    1.  sections  four, eleven and thirteen  of this act shall take effect
   53  immediately [and shall expire and be deemed repealed June 30, 2015];
   54    S 14. The opening paragraph of subdivision 7-a of section 3614 of  the
   55  public  health  law, as amended by section 18 of part B of chapter 56 of
   56  the laws of 2013, is amended to read as follows:
       A. 6007                            45
    1    Notwithstanding any inconsistent provision of law or  regulation,  for
    2  the  purposes  of establishing rates of payment by governmental agencies
    3  for long term home health care programs for the period April first,  two
    4  thousand five, through December thirty-first, two thousand five, and for
    5  the  period  January first, two thousand six through March thirty-first,
    6  two thousand seven, and on and after April  first,  two  thousand  seven
    7  through  March  thirty-first,  two thousand nine, and on and after April
    8  first, two thousand nine through March thirty-first, two thousand  elev-
    9  en,  and  on  and  after  April first, two thousand eleven through March
   10  thirty-first, two thousand thirteen and on and after  April  first,  two
   11  thousand  thirteen through March thirty-first, two thousand fifteen, AND
   12  ON AND AFTER APRIL 1, 2015 THROUGH MARCH 31, 2017 the reimbursable  base
   13  year  administrative  and  general costs of a provider of services shall
   14  not exceed the statewide average of total reimbursable base year  admin-
   15  istrative and general costs of such providers of services.
   16    S 15. Subdivision 12 of section 246 of chapter 81 of the laws of 1995,
   17  amending  the  public  health  law  and  other  laws relating to medical
   18  reimbursement and welfare reform, as amended by section 21 of part B  of
   19  chapter 56 of the laws of 2013, is amended to read as follows:
   20    12. Sections one hundred five-b through one hundred five-f of this act
   21  shall expire March 31, [2015] 2017.
   22    S  16.  Section 3 of chapter 303 of the laws of 1999, amending the New
   23  York state medical  care  facilities  finance  agency  act  relating  to
   24  financing health facilities, as amended by section 30 of part A of chap-
   25  ter 59 of the laws of 2011, is amended to read as follows:
   26    S  3. This act shall take effect immediately[, provided, however, that
   27  subdivision 15-a of section 5 of section 1 of chapter 392 of the laws of
   28  1973, as added by section one of this act, shall expire  and  be  deemed
   29  repealed  June 30, 2015; and provided further, however, that the expira-
   30  tion and repeal of such subdivision 15-a shall not affect or  impair  in
   31  any  manner any health facilities bonds issued, or any lease or purchase
   32  of a health facility executed, pursuant to such subdivision  15-a  prior
   33  to  its  expiration  and repeal and that, with respect to any such bonds
   34  issued and outstanding as of June  30,  2015,  the  provisions  of  such
   35  subdivision  15-a  as  they existed immediately prior to such expiration
   36  and repeal shall continue to apply through the latest maturity  date  of
   37  any  such bonds, or their earlier retirement or redemption, for the sole
   38  purpose of authorizing the issuance of refunding bonds to  refund  bonds
   39  previously issued pursuant thereto].
   40    S  17.  Subdivision  (c)  of  section 62 of chapter 165 of the laws of
   41  1991, amending the public health law and other laws relating  to  estab-
   42  lishing  payments  for  medical  assistance, as amended by section 26 of
   43  part D of chapter 59 of the laws of 2011, is amended to read as follows:
   44    (c) section 364-j of the social services law, as  amended  by  section
   45  eight  of  this  act  and  subdivision  6 of section 367-a of the social
   46  services law as added by section twelve of this act shall expire and  be
   47  deemed  repealed on March 31, [2015] 2017 and provided further, that the
   48  amendments to the provisions of section 364-j of the social services law
   49  made by section eight of this act  shall  only  apply  to  managed  care
   50  programs approved on or after the effective date of this act;
   51    S  18.  Subdivision 3 of section 1680-j of the public authorities law,
   52  as amended by section 9 of part C of chapter 59 of the laws of 2011,  is
   53  amended to read as follows:
   54    3.  Notwithstanding  any  law  to the contrary, and in accordance with
   55  section four of the state finance law, the comptroller is hereby author-
   56  ized and directed to transfer from the health  care  reform  act  (HCRA)
       A. 6007                            46
    1  resources fund (061) to the general fund, upon the request of the direc-
    2  tor of the budget, up to $6,500,000 on or before March 31, 2006, and the
    3  comptroller  is  further hereby authorized and directed to transfer from
    4  the  healthcare  reform  act (HCRA); Resources fund (061) to the Capital
    5  Projects Fund, upon the  request  of  the  director  of  budget,  up  to
    6  $139,000,000  for the period April 1, 2006 through March 31, 2007, up to
    7  $171,100,000 for the period April 1, 2007 through March 31, 2008, up  to
    8  $208,100,000  for the period April 1, 2008 through March 31, 2009, up to
    9  $151,600,000 for the period April 1, 2009 through March 31, 2010, up  to
   10  $215,743,000  for the period April 1, 2010 through March 31, 2011, up to
   11  $433,366,000 for the period April 1, 2011 through March 31, 2012, up  to
   12  $150,806,000  for the period April 1, 2012 through March 31, 2013, up to
   13  $78,071,000 for the period April 1, 2013 through March 31, 2014, and  up
   14  to  $86,005,000 for the period April 1, 2014 through March 31, 2015, AND
   15  UP TO $86,005,000 FOR THE PERIOD APRIL  1,  2015  THROUGH  DECEMBER  31,
   16  2017.
   17    S  19.  Subdivision  (i) of section 111 of part H of chapter 59 of the
   18  laws of 2011, relating to enacting into law major components  of  legis-
   19  lation  necessary  to implement the health and mental hygiene budget for
   20  the 2011-2012 state fiscal plan, is amended to read as follows:
   21    (i) the amendments to paragraph (b) and subparagraph (i) of  paragraph
   22  (g)  of subdivision 7 of section 4403-f of the public health law made by
   23  section forty-one-b of this act shall expire and be  repealed  April  1,
   24  [2015] 2020;
   25    S  20.  Section  97  of  chapter 659 of the laws of 1997, amending the
   26  public health law and other laws relating to creation of continuing care
   27  retirement communities, as amended by section 65-b of part A of  chapter
   28  57 of the laws of 2006, is amended to read as follows:
   29    S  97. This act shall take effect immediately, provided, however, that
   30  the amendments to subdivision 4 of section 854 of the general  municipal
   31  law  made by section seventy of this act shall not affect the expiration
   32  of such subdivision and shall be deemed to expire therewith and provided
   33  further that sections sixty-seven and  sixty-eight  of  this  act  shall
   34  apply  to  taxable  years  beginning  on  or  after  January 1, 1998 and
   35  provided further that sections eighty-one through eighty-seven  of  this
   36  act  shall expire and be deemed repealed on December 31, [2015] 2020 and
   37  provided further, however, that the amendments to section ninety of this
   38  act shall take effect January 1, 1998 and shall apply to  all  policies,
   39  contracts,  certificates,  riders or other evidences of coverage of long
   40  term care insurance issued, renewed, altered  or  modified  pursuant  to
   41  section 3229 of the insurance law on or after such date.
   42    S  21.   Paragraph (b) of subdivision 17 of section 2808 of the public
   43  health law, as amended by section 98 of part H of chapter 59 of the laws
   44  of 2011, is amended to read as follows:
   45    (b) Notwithstanding any inconsistent provision of law or regulation to
   46  the contrary, for the state fiscal [year] YEARS beginning  April  first,
   47  two  thousand  ten and ending March thirty-first, two thousand [fifteen]
   48  NINETEEN, the commissioner shall not be  required  to  revise  certified
   49  rates  of  payment established pursuant to this article for rate periods
   50  prior to April first, two thousand [fifteen] NINETEEN, based on  consid-
   51  eration  of  rate appeals filed by residential health care facilities or
   52  based upon adjustments to capital cost  reimbursement  as  a  result  of
   53  approval  by  the  commissioner of an application for construction under
   54  section twenty-eight hundred two of this article, in excess of an aggre-
   55  gate annual amount of eighty million dollars for each such state  fiscal
   56  year  provided,  however,  that for the period April first, two thousand
       A. 6007                            47
    1  eleven through March thirty-first, two thousand  twelve  such  aggregate
    2  annual  amount  shall  be  fifty million dollars. In revising such rates
    3  within such fiscal limit, the commissioner shall, in  prioritizing  such
    4  rate appeals, include consideration of which facilities the commissioner
    5  determines  are  facing  significant  financial hardship as well as such
    6  other considerations as the commissioner deems appropriate and, further,
    7  the commissioner is authorized to enter into agreements with such facil-
    8  ities or any other facility to resolve  multiple  pending  rate  appeals
    9  based  upon a negotiated aggregate amount and may offset such negotiated
   10  aggregate amounts against any  amounts  owed  by  the  facility  to  the
   11  department,  including,  but  not  limited  to, amounts owed pursuant to
   12  section twenty-eight hundred seven-d of this article; provided, however,
   13  that the commissioner's authority to negotiate such agreements resolving
   14  multiple pending rate appeals as hereinbefore described  shall  continue
   15  on and after April first, two thousand [fifteen] NINETEEN.  Rate adjust-
   16  ments  made  pursuant to this paragraph remain fully subject to approval
   17  by the director of the budget  in  accordance  with  the  provisions  of
   18  subdivision two of section twenty-eight hundred seven of this article.
   19    S  22.   Paragraph (a) of subdivision 13 of section 3614 of the public
   20  health law, as added by section 4 of part H of chapter 59 of the laws of
   21  2011, is amended to read as follows:
   22    (a) Notwithstanding any inconsistent provision of  law  or  regulation
   23  and  subject  to  the  availability  of federal financial participation,
   24  effective April first, two thousand twelve through  March  thirty-first,
   25  two  thousand  [fifteen]  SEVENTEEN, payments by government agencies for
   26  services provided by certified home health  agencies,  except  for  such
   27  services  provided  to  children  under  eighteen years of age and other
   28  discreet groups as may be determined by  the  commissioner  pursuant  to
   29  regulations,  shall  be based on episodic payments. In establishing such
   30  payments, a statewide base price shall be established for each sixty day
   31  episode of care and adjusted by a regional  wage  index  factor  and  an
   32  individual patient case mix index. Such episodic payments may be further
   33  adjusted  for  low utilization cases and to reflect a percentage limita-
   34  tion of the cost for high-utilization cases that exceed outlier  thresh-
   35  olds of such payments.
   36    S  23.   Subdivision (a) of section 40 of part B of chapter 109 of the
   37  laws of 2010, amending the social services law relating  to  transporta-
   38  tion costs, is amended to read as follows:
   39    (a)  sections  two, three, three-a, three-b, three-c, three-d, three-e
   40  and twenty-one of this act shall take  effect  July  1,  2010;  sections
   41  fifteen,  sixteen,  seventeen,  eighteen  and nineteen of this act shall
   42  take effect January 1, 2011; and provided further that section twenty of
   43  this act shall be deemed repealed [four] FIVE years after the  date  the
   44  contract  entered  into pursuant to section 365-h of the social services
   45  law, as amended by section twenty of this  act,  is  executed;  provided
   46  that the commissioner of health shall notify the legislative bill draft-
   47  ing  commission upon the execution of the contract entered into pursuant
   48  to section 367-h of the social services law in order that the commission
   49  may maintain an accurate and timely effective data base of the  official
   50  text of the laws of the state of New York in furtherance of effectuating
   51  the  provisions of section 44 of the legislative law and section 70-b of
   52  the public officers law;
   53    S 24. Intentionally omitted.
   54    S 25. Section 5 of chapter 21 of the laws of 2011, amending the educa-
   55  tion law relating to authorizing pharmacists  to  perform  collaborative
       A. 6007                            48
    1  drug  therapy management with physicians in certain settings, as amended
    2  by chapter 125 of the laws of 2014, is amended to read as follows:
    3    S 5. This act shall take effect on the one hundred twentieth day after
    4  it  shall  have  become  a  law  and shall expire [4] 7 years after such
    5  effective date when upon such date the provisions of this act  shall  be
    6  deemed repealed; provided, however, that the amendments to subdivision 1
    7  of  section  6801  of  the education law made by section one of this act
    8  shall be subject to the expiration and  reversion  of  such  subdivision
    9  pursuant to section 8 of chapter 563 of the laws of 2008, when upon such
   10  date  the  provisions  of  section  one-a of this act shall take effect;
   11  provided, further, that effective immediately, the  addition,  amendment
   12  and/or repeal of any rule or regulation necessary for the implementation
   13  of  this act on its effective date is authorized and directed to be made
   14  and completed on or before such effective date.
   15    S 26. Section 2 of chapter 459 of  the  laws  of  1996,  amending  the
   16  public health law relating to recertification of persons providing emer-
   17  gency  medical  care,  as amended by chapter 106 of the laws of 2011, is
   18  REPEALED.
   19    S 27. Section 4 of chapter 505 of  the  laws  of  1995,  amending  the
   20  public  health  law  relating  to  the operation of department of health
   21  facilities, as amended by section 29 of part A of chapter 59 of the laws
   22  of 2011, is amended to read as follows:
   23    S 4. This act shall take effect immediately; provided,  however,  that
   24  the provisions of paragraph (b) of subdivision 4 of section 409-c of the
   25  public  health  law,  as  added by section three of this act, shall take
   26  effect January 1, 1996 and shall expire and be deemed repealed  [twenty]
   27  TWENTY-FIVE years from the effective date thereof.
   28    S  28.  Subdivision  (o) of section 111 of part H of chapter 59 of the
   29  laws of 2011, amending the public health law relating to  the  statewide
   30  health  information  network  of New York and the statewide planning and
   31  research cooperative system and general powers and duties, is amended to
   32  read as follows:
   33    (o) sections thirty-eight and thirty-eight-a of this act shall  expire
   34  and be deemed repealed March 31, [2015] 2020;
   35    S  29. Section 4-a of part A of chapter 56 of the laws of 2013, amend-
   36  ing chapter 59 of the laws of 2011 amending the public  health  law  and
   37  other  laws relating to general hospital reimbursement for annual rates,
   38  relating to the cap on local Medicaid expenditures, is amended  to  read
   39  as follows:
   40    S  4-a.  Notwithstanding  paragraph  (c)  of subdivision 10 of section
   41  2807-c of the public health law, section 21 of chapter 1 of the laws  of
   42  1999,  or  any  other contrary provision of law, in determining rates of
   43  payments by state governmental agencies effective for services  provided
   44  on  and  after January 1, [2015] 2016 through March 31, [2015] 2016, for
   45  inpatient and outpatient services provided  by  general  hospitals,  for
   46  inpatient  services  and  adult  day  health  care  outpatient  services
   47  provided by residential health care facilities pursuant to article 28 of
   48  the public health law, except for residential health care facilities  or
   49  units  of such facilities providing services primarily to children under
   50  twenty-one years of age, for home health care services provided pursuant
   51  to article 36 of the public health law by certified  home  health  agen-
   52  cies,  long  term home health care programs and AIDS home care programs,
   53  and for personal care services provided pursuant to section 365-a of the
   54  social services law, the commissioner of health shall apply  no  greater
   55  than zero trend factors attributable to the [2015] 2016 calendar year in
   56  accordance with paragraph (c) of subdivision 10 of section 2807-c of the
       A. 6007                            49
    1  public  health  law,  provided,  however, that such no greater than zero
    2  trend factors attributable to such [2015] 2016 calendar year shall  also
    3  be  applied  to rates of payment provided on and after January 1, [2015]
    4  2016  through  March 31, [2015] 2016 for personal care services provided
    5  in those local social services districts, including New York city, whose
    6  rates of payment for such services are established by such local  social
    7  services  districts  pursuant  to a rate-setting exemption issued by the
    8  commissioner of health  to  such  local  social  services  districts  in
    9  accordance  with  applicable regulations, and provided further, however,
   10  that for rates of payment for assisted living program services  provided
   11  on  and after January 1, [2015] 2016 through March 31, [2015] 2016, such
   12  trend factors attributable to the [2015] 2016  calendar  year  shall  be
   13  established at no greater than zero percent.
   14    S 30. Notwithstanding any inconsistent provision of law, rule or regu-
   15  lation, for purposes of implementing the provisions of the public health
   16  law and the social services law, references to titles XIX and XXI of the
   17  federal  social  security  act  in  the public health law and the social
   18  services law shall be deemed to include and also to mean  any  successor
   19  titles thereto under the federal social security act.
   20    S 31. Notwithstanding any inconsistent provision of law, rule or regu-
   21  lation, the effectiveness of the provisions of sections 2807 and 3614 of
   22  the  public health law, section 18 of chapter 2 of the laws of 1988, and
   23  18 NYCRR 505.14(h), as they relate to time frames for  notice,  approval
   24  or  certification  of rates of payment, are hereby suspended and without
   25  force or effect for purposes of implementing the provisions of this act.
   26    S 32. Severability clause. If any clause, sentence, paragraph,  subdi-
   27  vision,  section  or  part of this act shall be adjudged by any court of
   28  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   29  impair or invalidate the remainder thereof, but shall be confined in its
   30  operation  to  the  clause, sentence, paragraph, subdivision, section or
   31  part thereof directly involved in the controversy in which such judgment
   32  shall have been rendered. It is hereby declared to be the intent of  the
   33  legislature  that  this act would have been enacted even if such invalid
   34  provisions had not been included herein.
   35    S 33. This act shall take effect immediately and shall  be  deemed  to
   36  have  been in full force and effect on and after April 1, 2015 provided,
   37  that:
   38    1. the amendments to the opening paragraph of subdivision 7 of section
   39  3614 of the public health law made by section fourteen of this act shall
   40  not affect the expiration of such  paragraph  and  shall  be  deemed  to
   41  expire therewith;
   42    1-a.  section  eighteen of this act shall take effect on the same date
   43  as the reversion of subdivision  3  of  section  1680-j  of  the  public
   44  authorities  law as provided in subdivision (a) of section 70 of part HH
   45  of chapter 57 of the laws of 2013, as amended;
   46    2. any rules or regulations necessary to implement the  provisions  of
   47  this  act  may be promulgated and any procedures, forms, or instructions
   48  necessary for such implementation may be adopted and issued on or  after
   49  the date this act shall have become a law;
   50    3. this act shall not be construed to alter, change, affect, impair or
   51  defeat any rights, obligations, duties or interests accrued, incurred or
   52  conferred prior to the effective date of this act;
   53    4. the commissioner of health and the superintendent of the department
   54  of  financial  services  and  any appropriate council may take any steps
   55  necessary to implement this act prior to its effective date;
       A. 6007                            50
    1    5. notwithstanding any inconsistent provision of the state administra-
    2  tive procedure act or any other provision of law,  rule  or  regulation,
    3  the  commissioner  of health and the superintendent of the department of
    4  financial services and any appropriate council is authorized to adopt or
    5  amend  or  promulgate  on an emergency basis any regulation he or she or
    6  such council determines necessary to implement any provision of this act
    7  on its effective date; and
    8    6. the provisions of this act shall become  effective  notwithstanding
    9  the  failure  of the commissioner of health or the superintendent of the
   10  department of financial services or any council to  adopt  or  amend  or
   11  promulgate regulations implementing this act.
   12                                   PART E
   13    Section  1.    Subdivision  5-d of section 2807-k of the public health
   14  law, as added by section 1 of part C of chapter 56 of the laws of  2013,
   15  is amended to read as follows:
   16    5-d.  (a)  Notwithstanding any inconsistent provision of this section,
   17  section twenty-eight hundred  seven-w  of  this  article  or  any  other
   18  contrary  provision  of  law, and subject to the availability of federal
   19  financial participation, for periods on and  after  January  first,  two
   20  thousand thirteen, through December thirty-first, two thousand [fifteen]
   21  EIGHTEEN, all funds available for distribution pursuant to this section,
   22  except  for  funds distributed pursuant to subparagraph (v) of paragraph
   23  (b) of subdivision five-b of this section, and all funds  available  for
   24  distribution  pursuant  to  section twenty-eight hundred seven-w of this
   25  article, shall be reserved and set aside and distributed  in  accordance
   26  with the provisions of this subdivision.
   27    (b)  The commissioner shall promulgate regulations, and may promulgate
   28  emergency regulations, establishing methodologies for  the  distribution
   29  of  funds  as  described  in  paragraph (a) of this subdivision and such
   30  regulations shall include, but not be limited to, the following:
   31    (i) Such regulations shall  establish  methodologies  for  determining
   32  each  facility's  relative uncompensated care need amount based on unin-
   33  sured inpatient and outpatient units of service from the cost  reporting
   34  year  two years prior to the distribution year, multiplied by the appli-
   35  cable medicaid rates in effect January first of the  distribution  year,
   36  as summed and adjusted by a statewide cost adjustment factor and reduced
   37  by  the  sum  of  all  payment  amounts  collected  from  such uninsured
   38  patients, and as further adjusted  by  application  of  a  nominal  need
   39  computation  that shall take into account each facility's medicaid inpa-
   40  tient share.
   41    (ii) Annual distributions pursuant to such  regulations  for  the  two
   42  thousand thirteen through two thousand [fifteen] EIGHTEEN calendar years
   43  shall be in accord with the following:
   44    (A)  one  hundred  thirty-nine  million  four hundred thousand dollars
   45  shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
   46  payments to major public general hospitals; and
   47    (B) nine hundred ninety-four million nine hundred thousand dollars  as
   48  Medicaid  DSH  payments  to eligible general hospitals, other than major
   49  public general hospitals.
   50    (iii)(A) Such regulations shall establish  transition  adjustments  to
   51  the  distributions  made pursuant to clauses (A) and (B) of subparagraph
   52  (ii) of this paragraph such that no facility experiences a reduction  in
   53  indigent care pool payments pursuant to this subdivision that is greater
   54  than the percentages, as specified in clause (C) of this subparagraph as
       A. 6007                            51
    1  compared  to  the  average distribution that each such facility received
    2  for the three calendar years prior to two thousand thirteen pursuant  to
    3  this section and section twenty-eight hundred seven-w of this article.
    4    (B)  Such  regulations  shall  also establish adjustments limiting the
    5  increases in indigent  care  pool  payments  experienced  by  facilities
    6  pursuant to this subdivision by an amount that will be, as determined by
    7  the  commissioner  and  in conjunction with such other funding as may be
    8  available for this purpose, sufficient to ensure full  funding  for  the
    9  transition adjustment payments authorized by clause (A) of this subpara-
   10  graph.
   11    (C)  No  facility  shall  experience a reduction in indigent care pool
   12  payments pursuant to this subdivision that: for the calendar year begin-
   13  ning January first, two thousand thirteen, is greater than two and  one-
   14  half  percent;  for the calendar year beginning January first, two thou-
   15  sand fourteen, is greater than five percent; and, for the calendar  year
   16  beginning  on January first, two thousand fifteen, is greater than seven
   17  and one-half percent, AND FOR THE CALENDAR  YEAR  BEGINNING  ON  JANUARY
   18  FIRST,  TWO  THOUSAND  SIXTEEN, IS GREATER THAN TEN PERCENT; AND FOR THE
   19  CALENDAR YEAR BEGINNING ON JANUARY FIRST,  TWO  THOUSAND  SEVENTEEN,  IS
   20  GREATER  THAN  TWELVE  AND  ONE-HALF  PERCENT; AND FOR THE CALENDAR YEAR
   21  BEGINNING ON JANUARY FIRST,  TWO  THOUSAND  EIGHTEEN,  IS  GREATER  THAN
   22  FIFTEEN PERCENT.
   23    (D) NO LATER THAN THE FIRST OF JULY, TWO THOUSAND FIFTEEN, THE COMMIS-
   24  SIONER  SHALL  RECONVENE  THE MEDICAL REDESIGN TEAM TECHNICAL ASSISTANCE
   25  TEAM ON INDIGENT CARE REFORM FORMED AS A RESULT OF RECOMMENDATION  THREE
   26  OF  THE  MEDICAID  REDESIGN  TEAM PAYMENT REFORM AND QUALITY MEASUREMENT
   27  WORK GROUP, IN ORDER TO DEVELOP RECOMMENDATIONS  TO,  IN  THE  EVENT  OF
   28  AGGREGATE REDUCTIONS IN FEDERAL MEDICAID DSH FUNDING, ADJUST, THE AGGRE-
   29  GATE  LEVEL OF PAYMENTS MADE PURSUANT TO CLAUSES (A) AND (B) OF SUBPARA-
   30  GRAPH (II) OF PARAGRAPH (B)  OF  THIS  SUBDIVISION,  THE  PERCENTAGE  OF
   31  REDUCTIONS  IN PAYMENTS REQUIRED BY CLAUSE (C) OF THIS SUBPARAGRAPH, AND
   32  THE METHODOLOGY BY WHICH SUCH DSH PAYMENTS ARE DISTRIBUTED IN THE CALEN-
   33  DAR YEAR FOLLOWING THE YEAR IN WHICH SUCH  REDUCTIONS  IN  MEDICAID  DSH
   34  TAKE  EFFECT.  SUCH  RECOMMENDATIONS SHALL SEEK TO TARGET, TO THE EXTENT
   35  PRACTICABLE, THE REMAINING FEDERAL MEDICAID DSH FUNDS TO SUPPORT FACILI-
   36  TIES THAT PROVIDE A DISPROPORTIONATE SHARE OF UNCOMPENSATED CARE TO  THE
   37  UNINSURED,  UNDERINSURED  AND  MEDICAID  POPULATIONS.  NO LATER THAN THE
   38  FIRST OF DECEMBER, TWO THOUSAND FIFTEEN, THE TECHNICAL  ASSISTANCE  TEAM
   39  SHALL  PROVIDE ITS RECOMMENDATIONS TO THE GOVERNOR, THE TEMPORARY PRESI-
   40  DENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, THE  CHAIR  OF  THE
   41  SENATE  FINANCE  COMMITTEE,  THE  CHAIR  OF  THE ASSEMBLY WAYS AND MEANS
   42  COMMITTEE, AND THE CHAIRS OF THE SENATE AND ASSEMBLY HEALTH  COMMITTEES,
   43  INCLUDING  ANY ANALYSIS OF FACILITY IMPACTS BY REGION AND SPONSORSHIP AS
   44  WELL AS ANY ADDITIONAL INFORMATION IT DEEMS APPROPRIATE.
   45    (iv) Such regulations shall reserve one percent of the funds available
   46  for distribution in the two thousand fourteen and two  thousand  fifteen
   47  calendar  years,  AND  FOR  CALENDAR  YEARS THEREAFTER, pursuant to this
   48  subdivision, subdivision  fourteen-f  of  section  twenty-eight  hundred
   49  seven-c of this article, and sections two hundred eleven and two hundred
   50  twelve  of  chapter  four  hundred  seventy-four of the laws of nineteen
   51  hundred ninety-six, in a  "financial  assistance  compliance  pool"  and
   52  shall establish methodologies for the distribution of such pool funds to
   53  facilities  based  on  their  level  of compliance, as determined by the
   54  commissioner, with the provisions of subdivision nine-a of this section.
       A. 6007                            52
    1    (c) The commissioner shall annually report to  the  governor  and  the
    2  legislature  on the distribution of funds under this subdivision includ-
    3  ing, but not limited to:
    4    (i) the impact on safety net providers, including community providers,
    5  rural general hospitals and major public general hospitals;
    6    (ii)  the  provision  of  indigent care by units of services and funds
    7  distributed by general hospitals; and
    8    (iii) the extent to which access to care has been enhanced.
    9    S 2. Subdivision 17 of section 2807-k of the  public  health  law,  as
   10  added  by  section  3-b of part B of chapter 109 of the laws of 2010, is
   11  amended to read as follows:
   12    17. Indigent care reductions. (A) For each hospital receiving payments
   13  pursuant to paragraph (i) of subdivision thirty-five of section  twenty-
   14  eight hundred seven-c of this article, the commissioner shall reduce the
   15  sum of any amounts paid pursuant to this section and pursuant to section
   16  twenty-eight  hundred  seven-w  of  this  article,  as computed based on
   17  projected facility specific disproportionate share hospital ceilings, by
   18  an amount equal to the  lower  of  such  sum  or  each  such  hospital's
   19  payments pursuant to paragraph (i) of subdivision thirty-five of section
   20  twenty-eight  hundred  seven-c  of this article, provided, however, that
   21  any additional aggregate reductions enacted in a chapter of the laws  of
   22  two  thousand  ten  to  the  aggregate  amounts payable pursuant to this
   23  section and pursuant to section twenty-eight  hundred  seven-w  of  this
   24  article  shall  be  applied  subsequent  to  the  adjustments  otherwise
   25  provided for in this subdivision.
   26    (B) FOR ANY REDUCTIONS IN PAYMENTS UNDER PARAGRAPH (I) OF  SUBDIVISION
   27  THIRTY-FIVE  OF  SECTION  TWENTY-EIGHT  HUNDRED  SEVEN-C OF THIS ARTICLE
   28  RESULTING FROM AGGREGATE UPPER PAYMENT LIMIT CALCULATIONS,  THE  COMMIS-
   29  SIONER MAY REDUCE OR REDISTRIBUTE PAYMENTS UNDER THIS SECTION OR SECTION
   30  TWENTY-EIGHT  HUNDRED  SEVEN-W  OF  THIS  ARTICLE IN A MANNER THAT SHALL
   31  ALLOCATE A GREATER PROPORTION OF THE PAYMENTS TO THOSE HOSPITALS PROVID-
   32  ING A DISPROPORTIONATE SHARE OF UNCOMPENSATED  CARE  TO  THE  UNINSURED,
   33  UNDERINSURED AND MEDICAID POPULATIONS.
   34    S  3. Notwithstanding any inconsistent provision of law, rule or regu-
   35  lation, for purposes of implementing the provisions of the public health
   36  law and the social services law, references to titles XIX and XXI of the
   37  federal social security act in the public  health  law  and  the  social
   38  services  law  shall be deemed to include and also to mean any successor
   39  titles thereto under the federal social security act.
   40    S 4. Notwithstanding any inconsistent provision of law, rule or  regu-
   41  lation, the effectiveness of the provisions of sections 2807 and 3614 of
   42  the  public health law, section 18 of chapter 2 of the laws of 1988, and
   43  18 NYCRR 505.14(h), as they relate to time frames for  notice,  approval
   44  or  certification  of rates of payment, are hereby suspended and without
   45  force or effect for purposes of implementing the provisions of this act.
   46    S 5. Severability clause. If any clause, sentence, paragraph, subdivi-
   47  sion, section or part of this act shall be  adjudged  by  any  court  of
   48  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   49  impair or invalidate the remainder thereof, but shall be confined in its
   50  operation to the clause, sentence, paragraph,  subdivision,  section  or
   51  part thereof directly involved in the controversy in which such judgment
   52  shall  have been rendered. It is hereby declared to be the intent of the
   53  legislature that this act would have been enacted even if  such  invalid
   54  provisions had not been included herein.
       A. 6007                            53
    1    S  6.  This  act  shall take effect immediately and shall be deemed to
    2  have been in full force and effect on and after April 1, 2015; provided,
    3  that:
    4    a.  any  rules or regulations necessary to implement the provisions of
    5  this act may be promulgated and any procedures, forms,  or  instructions
    6  necessary  for such implementation may be adopted and issued on or after
    7  the date this act shall have become a law;
    8    b. this act shall not be construed to alter, change, affect, impair or
    9  defeat any rights, obligations, duties or interests accrued, incurred or
   10  conferred prior to the effective date of this act;
   11    c. the commissioner of health  and  the  superintendent  of  financial
   12  services  and  any  appropriate  council may take any steps necessary to
   13  implement this act prior to its effective date;
   14    d. notwithstanding any inconsistent provision of the state administra-
   15  tive procedure act or any other provision of law,  rule  or  regulation,
   16  the  commissioner of health and the superintendent of financial services
   17  and any appropriate council is authorized to adopt or amend  or  promul-
   18  gate  on  an  emergency  basis  any regulation he or she or such council
   19  determines necessary to implement any  provision  of  this  act  on  its
   20  effective date; and
   21    e.  the  provisions of this act shall become effective notwithstanding
   22  the failure of the commissioner  of  health  or  the  superintendent  of
   23  financial  services or any council to adopt or amend or promulgate regu-
   24  lations implementing this act.
   25                                   PART F
   26                            Intentionally Omitted
   27                                   PART G
   28    Section 1. The financial services law  is  amended  by  adding  a  new
   29  section 208 to read as follows:
   30    S  208.  ASSESSMENT  FOR THE OPERATING EXPENSES OF THE NEW YORK HEALTH
   31  BENEFIT EXCHANGE.  (A) FOR EACH FISCAL YEAR COMMENCING ON OR AFTER APRIL
   32  FIRST, TWO THOUSAND FIFTEEN,  ASSESSMENTS  FOR  THE  OPERATING  EXPENSES
   33  ATTRIBUTABLE  TO  QUALIFIED  HEALTH PLAN COVERAGE OF THE NEW YORK HEALTH
   34  BENEFIT EXCHANGE, ESTABLISHED WITHIN THE DEPARTMENT OF HEALTH BY  EXECU-
   35  TIVE  ORDER  42  SIGNED BY GOVERNOR ANDREW M. CUOMO ON APRIL 12, 2012 IN
   36  CONFORMITY WITH THE PATIENT PROTECTION AND AFFORDABLE CARE  ACT,  PUBLIC
   37  LAW  111-14 AND THE HEALTH CARE AND EDUCATION RECONCILIATION ACT, PUBLIC
   38  LAW 111-152, AND DOING BUSINESS AS THE NY STATE OF HEALTH, THE  OFFICIAL
   39  HEALTH  PLAN  MARKETPLACE  (NY STATE OF HEALTH) SHALL BE ASSESSED BY THE
   40  SUPERINTENDENT IN ACCORDANCE WITH THIS SECTION. A DOMESTIC ACCIDENT  AND
   41  HEALTH  INSURER SHALL BE ASSESSED BY THE SUPERINTENDENT PURSUANT TO THIS
   42  SECTION FOR THE OPERATING EXPENSES OF THE NY STATE OF  HEALTH  ATTRIBUT-
   43  ABLE TO QUALIFIED HEALTH PLANS' COVERAGE, WHICH SHALL INCLUDE DIRECT AND
   44  INDIRECT  EXPENSES  RELATED  TO  THE  OPERATION OF THE NEW YORK STATE OF
   45  HEALTH ATTRIBUTABLE TO SUCH QUALIFIED  HEALTH  PLAN  COVERAGE  WITH  THE
   46  ASSESSMENTS  ALLOCATED  PRO  RATA  UPON ALL DOMESTIC ACCIDENT AND HEALTH
   47  INSURERS IN THE INDIVIDUAL, SMALL GROUP  AND  LARGE  GROUP  MARKETS,  IN
   48  PROPORTION  TO THE GROSS DIRECT PREMIUMS, EXCLUSIVE OF FEDERAL TAX CRED-
   49  ITS AND OTHER CONSIDERATIONS, WRITTEN OR RECEIVED BY THEM IN THIS  STATE
   50  DURING  THE  CALENDAR  YEAR  ENDING  DECEMBER  THIRTY-FIRST  IMMEDIATELY
   51  PRECEDING THE END OF THE FISCAL YEAR FOR WHICH THE  ASSESSMENT  IS  MADE
       A. 6007                            54
    1  (LESS RETURN PREMIUMS AND CONSIDERATIONS THEREON) FOR INSURANCE POLICIES
    2  OR  CONTRACTS  OF  MAJOR  MEDICAL  OR SIMILAR COMPREHENSIVE TYPE MEDICAL
    3  COVERAGE OR DENTAL COVERAGE DELIVERED OR ISSUED  FOR  DELIVERY  IN  THIS
    4  STATE;  BUT  EXCLUDING INSURANCE POLICIES OR CONTRACTS FOR MAJOR MEDICAL
    5  OR SIMILAR COMPREHENSIVE TYPE MEDICAL OR DENTAL  COVERAGE  DELIVERED  OR
    6  ISSUED  FOR DELIVERY IN THIS STATE UNDER TITLE XVIII OF THE SOCIAL SECU-
    7  RITY ACT (MEDICARE), MEDICAL ASSISTANCE UNDER TITLE  ELEVEN  OF  ARTICLE
    8  FIVE  OF THE SOCIAL SERVICES LAW, CHILD HEALTH PLUS INSURANCE PLAN UNDER
    9  SECTION TWENTY-FIVE HUNDRED OF THE PUBLIC HEALTH LAW  AND/OR  THE  BASIC
   10  HEALTH  INSURANCE  PLAN  PURSUANT TO PARAGRAPH (E) OF SUBDIVISION ONE OF
   11  SECTION THREE HUNDRED SIXTY-NINE-GG OF THE SOCIAL SERVICES LAW.
   12    (B)  THE  ASSESSMENT  UPON  DOMESTIC  ACCIDENT  AND  HEALTH   INSURERS
   13  DESCRIBED  IN SUBSECTION (A) OF THIS SECTION SHALL BE MADE BY THE SUPER-
   14  INTENDENT COMMENCING APRIL FIRST, TWO THOUSAND  FIFTEEN,  IN  A  SUM  AS
   15  PRESCRIBED  BY  THE  SUPERINTENDENT FOR SUCH INSURERS' PRO RATA SHARE OF
   16  THE ANNUAL EXPENSES OF THE NY STATE OF HEALTH ATTRIBUTABLE TO  QUALIFIED
   17  HEALTH  PLAN  COVERAGE FOR THE TWO THOUSAND FIFTEEN-TWO THOUSAND SIXTEEN
   18  FISCAL YEAR, AS ESTIMATED BY THE SUPERINTENDENT. SUCH PAYMENT  SHALL  BE
   19  MADE  ON  OR  BEFORE  FEBRUARY FIFTEENTH, TWO THOUSAND SIXTEEN, OR ON OR
   20  BEFORE SUCH OTHER DATES AS THE SUPERINTENDENT MAY  PRESCRIBE.  FOLLOWING
   21  THE DETERMINATION OF THE AMOUNT COLLECTED BASED ON THE ACTUAL ENROLLMENT
   22  IN  QUALIFIED  HEALTH  PLAN  COVERAGE THROUGH THE NY STATE OF HEALTH AND
   23  FULLY INSURED INDIVIDUAL, SMALL GROUP, AND LARGE GROUP COVERAGE  OUTSIDE
   24  THE NY STATE OF HEALTH FOR THE TWO THOUSAND FIFTEEN-TWO THOUSAND SIXTEEN
   25  FISCAL YEAR, ANY OVERPAYMENT OF SUCH ASSESSMENT SHALL BE APPLIED AGAINST
   26  THE  NEXT  ESTIMATED QUARTERLY ASSESSMENT FOR SUCH EXPENSES AS SET FORTH
   27  IN THIS SECTION, IF LESS THAN OR  EQUAL  TO  SUCH  AMOUNT,  UNTIL  FULLY
   28  RECONCILED.  HOWEVER,  IF  THE  ASSESSMENT  COLLECTED  IS  LESS THAN THE
   29  EXPENSES OF THE NY STATE OF HEALTH ATTRIBUTABLE TO QUALIFIED HEALTH PLAN
   30  COVERAGE FOR THE TWO THOUSAND FIFTEEN-TWO THOUSAND SIXTEEN FISCAL  YEAR,
   31  THE  SUPERINTENDENT  MAY REQUIRE FULL PAYMENT TO BE MADE ON SUCH DATE OF
   32  THE FISCAL YEAR AS THE SUPERINTENDENT MAY DETERMINE.
   33    (C) FOR EACH FISCAL YEAR COMMENCING ON OR AFTER APRIL FIRST, TWO THOU-
   34  SAND SIXTEEN, A PARTIAL PAYMENT SHALL BE MADE BY A DOMESTIC ACCIDENT AND
   35  HEALTH INSURER IN A SUM EQUAL TO TWENTY-FIVE PER CENTUM, OR  SUCH  OTHER
   36  PER  CENTUM  OR  PER CENTUMS AS THE SUPERINTENDENT MAY PRESCRIBE, OF ITS
   37  PRO RATA SHARE OF THE ANNUAL EXPENSES OF THE NY STATE OF HEALTH  ATTRIB-
   38  UTABLE TO QUALIFIED HEALTH PLAN COVERAGE ASSESSED UPON IT FOR THE FISCAL
   39  YEAR  AS  ESTIMATED BY THE SUPERINTENDENT. SUCH PAYMENT SHALL BE MADE ON
   40  MARCH FIFTEENTH OF THE PRECEDING FISCAL  YEAR  AND  ON  JUNE  FIFTEENTH,
   41  SEPTEMBER  FIFTEENTH  AND  DECEMBER  FIFTEENTH  OF EACH YEAR, OR AT SUCH
   42  OTHER DATES AS THE SUPERINTENDENT MAY  PRESCRIBE.    THE  SUPERINTENDENT
   43  SHALL  ANNUALLY  RECONCILE  THE  ASSESSMENT PERCENTAGE BASED UPON ACTUAL
   44  PREMIUM DATA SUBMITTED TO THE SUPERINTENDENT OR COMMISSIONER OF  HEALTH,
   45  AS  APPLICABLE.  THE BALANCE OF ASSESSMENTS FOR THE FISCAL YEAR SHALL BE
   46  PAID  UPON  DETERMINATION  OF  THE  AMOUNT  COLLECTED  FOR  POLICIES  OR
   47  CONTRACTS  OF MAJOR MEDICAL OR SIMILAR COMPREHENSIVE TYPE MEDICAL COVER-
   48  AGE OR DENTAL COVERAGE DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE AS
   49  SET FORTH IN SUBSECTION (A) OF THIS SECTION. ANY OVERPAYMENT  OF  ANNUAL
   50  ASSESSMENT  RESULTING  FROM  COMPLYING  WITH  THE  REQUIREMENTS  OF THIS
   51  SECTION SHALL BE APPLIED AGAINST THE NEXT  ESTIMATED  QUARTERLY  ASSESS-
   52  MENT, IF LESS THAN OR EQUAL TO SUCH AMOUNT, UNTIL FULLY RECONCILED.
   53    (D)(1)  PAYMENTS  AND REPORTS SUBMITTED OR REQUIRED TO BE SUBMITTED TO
   54  THE COMMISSIONER OF HEALTH PURSUANT TO THIS SECTION BY A DOMESTIC  ACCI-
   55  DENT AND HEALTH INSURER SHALL BE SUBJECT TO AUDIT BY THE COMMISSIONER OF
   56  HEALTH  FOR  A  PERIOD  OF SIX YEARS FOLLOWING THE CLOSE OF THE CALENDAR
       A. 6007                            55
    1  YEAR IN WHICH SUCH PAYMENTS  AND  REPORTS  ARE  DUE,  AFTER  WHICH  SUCH
    2  PAYMENTS  SHALL BE DEEMED FINAL AND NOT SUBJECT TO FURTHER ADJUSTMENT OR
    3  RECONCILIATION, INCLUDING THROUGH OFFSET ADJUSTMENTS OR  RECONCILIATIONS
    4  MADE  BY  THE DOMESTIC ACCIDENT AND HEALTH INSURER WITH REGARD TO SUBSE-
    5  QUENT  PAYMENTS,  PROVIDED,  HOWEVER,  THAT  NOTHING  HEREIN  SHALL   BE
    6  CONSTRUED  AS  PRECLUDING  THE  COMMISSIONER  OF  HEALTH  FROM  PURSUING
    7  COLLECTION OF ANY SUCH PAYMENTS WHICH ARE IDENTIFIED AS DELINQUENT WITH-
    8  IN SUCH SIX YEAR PERIOD, OR WHICH ARE  IDENTIFIED  AS  DELINQUENT  AS  A
    9  RESULT  OF  AN  AUDIT  COMMENCED  WITHIN  SUCH  SIX YEAR PERIOD, OR FROM
   10  CONDUCTING AN AUDIT OF ANY ADJUSTMENTS AND  RECONCILIATION  WITHIN  SUCH
   11  SIX  YEAR  PERIOD, OR FROM CONDUCTING AN AUDIT OF PAYMENTS MADE PRIOR TO
   12  SUCH SIX YEAR PERIOD WHICH ARE FOUND  TO  BE  COMMINGLED  WITH  PAYMENTS
   13  WHICH ARE OTHERWISE SUBJECT TO TIMELY AUDIT PURSUANT TO THIS SECTION.
   14    (2)  THE  SUPERINTENDENT  MAY  ASSESS  A  DOMESTIC ACCIDENT AND HEALTH
   15  INSURER WHICH, IN THE COURSE OF AN AUDIT PURSUANT TO THIS SECTION, FAILS
   16  TO PRODUCE DATA OR DOCUMENTATION REQUESTED IN  FURTHERANCE  OF  SUCH  AN
   17  AUDIT,  WITHIN THIRTY DAYS OF SUCH REQUEST, A CIVIL PENALTY OF UP TO TEN
   18  THOUSAND DOLLARS FOR EACH SUCH FAILURE,  PROVIDED,  HOWEVER,  THAT  SUCH
   19  CIVIL  PENALTY  SHALL NOT BE IMPOSED IF THE DOMESTIC ACCIDENT AND HEALTH
   20  INSURER DEMONSTRATES GOOD CAUSE FOR SUCH FAILURE.
   21    (3) RECORDS REQUIRED TO BE RETAINED FOR AUDIT VERIFICATION PURPOSES BY
   22  A DOMESTIC ACCIDENT AND HEALTH INSURER IN ACCORDANCE WITH  THIS  SECTION
   23  SHALL  INCLUDE,  ON  A  MONTHLY  BASIS,  THE SOURCE RECORDS GENERATED BY
   24  SUPPORTING INFORMATION SYSTEMS, FINANCIAL ACCOUNTING RECORDS,  AND  SUCH
   25  OTHER  RECORDS  AS  MAY  BE  REQUIRED  TO  PROVE COMPLIANCE WITH, AND TO
   26  SUPPORT REPORTS SUBMITTED IN ACCORDANCE WITH, THIS SECTION.
   27    (4) IF A DOMESTIC ACCIDENT AND HEALTH INSURER FAILS TO PRODUCE DATA OR
   28  DOCUMENTATION REQUESTED IN FURTHERANCE OF  AN  AUDIT  PURSUANT  TO  THIS
   29  SECTION  FOR  A QUARTER TO WHICH THE ASSESSMENT APPLIES, THE SUPERINTEN-
   30  DENT MAY ESTIMATE, BASED ON AVAILABLE FINANCIAL AND STATISTICAL DATA  AS
   31  DETERMINED  BY  THE  SUPERINTENDENT,  THE  AMOUNT  DUE FOR SUCH QUARTER.
   32  INTEREST AND PENALTIES SHALL BE APPLIED TO SUCH AMOUNTS DUE  IN  ACCORD-
   33  ANCE  WITH THE PROVISIONS OF SUBSECTION (B) OF SECTION NINE THOUSAND ONE
   34  HUNDRED NINE OF THE INSURANCE LAW.
   35    (5) THE SUPERINTENDENT MAY, AS PART OF A FINAL RESOLUTION OF AN  AUDIT
   36  CONDUCTED  BY  THE  COMMISSIONER  OF HEALTH PURSUANT TO THIS SUBSECTION,
   37  WAIVE PAYMENT OF INTEREST AND PENALTIES OTHERWISE APPLICABLE PURSUANT TO
   38  SUBSECTION (B) OF SECTION NINE THOUSAND ONE HUNDRED NINE OF  THE  INSUR-
   39  ANCE  LAW,  WHEN  AMOUNTS DUE AS A RESULT OF SUCH AUDIT, OTHER THAN SUCH
   40  WAIVED PENALTIES AND INTEREST, ARE PAID IN FULL TO THE  COMMISSIONER  OF
   41  HEALTH WITHIN SIXTY DAYS OF THE ISSUANCE OF A FINAL AUDIT REPORT THAT IS
   42  MUTUALLY  AGREED  TO BY THE COMMISSIONER OF HEALTH AND DOMESTIC ACCIDENT
   43  AND HEALTH INSURER, PROVIDED, HOWEVER, THAT IF SUCH FINAL  AUDIT  REPORT
   44  IS  NOT  SO  MUTUALLY AGREED UPON, THEN THE SUPERINTENDENT SHALL HAVE NO
   45  OBLIGATIONS PURSUANT TO THIS PARAGRAPH.
   46    (6) THE COMMISSIONER OF HEALTH MAY ENTER  INTO  AN  AGREEMENT  WITH  A
   47  DOMESTIC  ACCIDENT  AND HEALTH INSURER IN REGARD TO WHICH AUDIT FINDINGS
   48  OR PRIOR SETTLEMENTS HAVE BEEN MADE PURSUANT TO THIS SECTION,  EXTENDING
   49  AND  APPLYING  SUCH  AUDIT  FINDINGS  OR PRIOR SETTLEMENTS, OR A PORTION
   50  THEREOF, IN SETTLEMENT AND SATISFACTION OF POTENTIAL  AUDIT  LIABILITIES
   51  FOR SUBSEQUENT UNAUDITED PERIODS. THE SUPERINTENDENT MAY REDUCE OR WAIVE
   52  PAYMENT  OF  INTEREST  AND PENALTIES OTHERWISE APPLICABLE TO SUCH SUBSE-
   53  QUENT UNAUDITED PERIODS WHEN SUCH AMOUNTS DUE AS A RESULT OF SUCH AGREE-
   54  MENT, OTHER THAN REDUCED OR WAIVED INTEREST AND PENALTIES, ARE  PAID  IN
   55  FULL  TO  THE  COMMISSIONER  OF HEALTH WITHIN SIXTY DAYS OF EXECUTION OF
   56  SUCH AGREEMENT BY ALL PARTIES TO THE AGREEMENT. ANY PAYMENTS MADE PURSU-
       A. 6007                            56
    1  ANT TO AN AGREEMENT ENTERED INTO IN ACCORDANCE WITH THIS PARAGRAPH SHALL
    2  BE DEEMED TO BE IN FULL SATISFACTION OF ANY LIABILITY ARISING UNDER THIS
    3  SECTION, AS REFERENCED IN  SUCH  AGREEMENT  AND  FOR  THE  TIME  PERIODS
    4  COVERED  BY  SUCH AGREEMENT, PROVIDED, HOWEVER, THAT THE COMMISSIONER OF
    5  HEALTH MAY AUDIT FUTURE RETROACTIVE ADJUSTMENTS  TO  PAYMENTS  MADE  FOR
    6  SUCH  PERIODS  BASED  ON REPORTS FILED BY A DOMESTIC ACCIDENT AND HEALTH
    7  INSURER SUBSEQUENT TO SUCH AGREEMENT.
    8    (E) THE COMMISSIONER OF HEALTH SHALL HAVE THE AUTHORITY UNDER  SECTION
    9  TWENTY-EIGHT  HUNDRED  SEVEN-Y OF THE PUBLIC HEALTH LAW TO CONTRACT WITH
   10  THE ARTICLE FORTY-THREE INSURANCE LAW PLANS, OR SUCH  OTHER  CONTRACTORS
   11  AS  THE  COMMISSIONER  OF  HEALTH  SHALL  DESIGNATE,  TO ISSUE INVOICES,
   12  RECEIVE PAYMENT, AND DISTRIBUTE FUNDS FROM THE ASSESSMENT AUTHORIZED  BY
   13  THIS  SECTION  AND  TO  DEPOSIT IT INTO THE SPECIAL REVENUE FUNDS-OTHER,
   14  HCRA RESOURCES FUND.
   15    (F) FOR THE PURPOSE OF THIS SECTION,  "ACCIDENT  AND  HEALTH  INSURER"
   16  SHALL  MEAN AN INSURER AUTHORIZED UNDER THE INSURANCE LAW TO WRITE ACCI-
   17  DENT AND HEALTH INSURANCE IN THIS STATE, A CORPORATION ORGANIZED  PURSU-
   18  ANT TO ARTICLE FORTY-THREE OF THE INSURANCE LAW, OR A HEALTH MAINTENANCE
   19  ORGANIZATION  HOLDING  OR  REQUIRED  TO  HOLD A CERTIFICATE OF AUTHORITY
   20  PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC  HEALTH  LAW,  THAT  WRITES
   21  MAJOR  MEDICAL  OR SIMILAR COMPREHENSIVE TYPE MEDICAL COVERAGE OR WRITES
   22  DENTAL COVERAGE.
   23    (G) FOR THE PURPOSE OF THIS SECTION,  "DOMESTIC  ACCIDENT  AND  HEALTH
   24  INSURER"  SHALL  MEAN  AN  ACCIDENT  AND  HEALTH INSURER INCORPORATED OR
   25  ORGANIZED UNDER ANY LAW OF THIS STATE.
   26    (H) NO HEALTH INSURER WRITING POLICIES IN THE INDIVIDUAL,  GROUP,  AND
   27  LARGE  GROUP  MARKETS,  AS  LIMITED  BY SUBDIVISION (A) OF THIS SECTION,
   28  SHALL ISSUE A POLICY FOR A POLICYHOLDER REQUIRING  THE  PAYMENT  OF  THE
   29  ASSESSMENT  FOR  THE  OPERATING  EXPENSES OF THE NEW YORK HEALTH BENEFIT
   30  EXCHANGE BY ANY POLICYHOLDER OR MEMBER IN ADDITION TO THE REGULAR PREMI-
   31  UM OR CONSIDERATION CHARGED THEREFORE; NOR SHALL ANY SUCH  COMPANY  HAVE
   32  POWER  TO LEVY OR COLLECT FUNDS FOR THE NEW YORK HEALTH BENEFIT EXCHANGE
   33  ASSESSMENT FROM SUCH POLICYHOLDERS OR MEMBERS. THE NEW YORK HEALTH BENE-
   34  FIT EXCHANGE ASSESSMENT SHALL BE CONSIDERED A COST OF OPERATION FOR SUCH
   35  HEALTH INSURERS AND THE HEALTH INSURER SHALL NOT CHARGE  ANY  ADDITIONAL
   36  FEE  NOR INCREASE THE PREMIUM OF A POLICYHOLDER OR MEMBER AS A RESULT OF
   37  THE NEW YORK HEALTH BENEFIT EXCHANGE ASSESSMENT. WHEN  APPROVING  HEALTH
   38  INSURANCE  PREMIUM INCREASES PROPOSED BY SUCH ACCIDENT AND HEALTH INSUR-
   39  ERS THE SUPERINTENDENT SHALL ENSURE THAT NO  PORTION  OF  SUCH  PROPOSED
   40  PREMIUM INCREASE IS BASED UPON THE COST TO THE INSURER OF PAYING THE NEW
   41  YORK HEALTH BENEFIT EXCHANGE ASSESSMENT ESTABLISHED BY THIS SECTION.
   42    S  2. Paragraphs (g) and (h) of subdivision 1 of section 2807-y of the
   43  public health law, as added by section 67 of part B of chapter 58 of the
   44  laws of 2005, are amended and a new paragraph (i) is added  to  read  as
   45  follows:
   46    (g) section thirty-six hundred fourteen-a of this chapter; [and]
   47    (h) section three hundred sixty-seven-i of the social services law[.];
   48  AND
   49    (I) SECTION TWO HUNDRED EIGHT OF THE FINANCIAL SERVICES LAW.
   50    S  3.  Subdivision  3  of  section 2807-y of the public health law, as
   51  added by section 67 of part B of chapter 58 of  the  laws  of  2005,  is
   52  amended to read as follows:
   53    3.  The  reasonable costs and expenses of an administrator as approved
   54  by the commissioner, not to exceed for personnel services on  an  annual
   55  basis   [four]  SIX  million  [five  hundred]  fifty  thousand  dollars,
   56  increased annually by the lower of the  consumer  price  index  or  five
       A. 6007                            57
    1  percent,  for  collection and distribution of allowances and assessments
    2  set forth in subdivision one of this section, shall  be  paid  from  the
    3  allowance and assessment funds.
    4    S  4. Notwithstanding any inconsistent provision of law, rule or regu-
    5  lation, for purposes of implementing the provisions of the public health
    6  law and the social services law, references to titles XIX and XXI of the
    7  federal social security act in the public  health  law  and  the  social
    8  services  law  shall be deemed to include and also to mean any successor
    9  titles thereto under the federal social security act.
   10    S 5. Severability clause. If any clause, sentence, paragraph, subdivi-
   11  sion, section or part of this act shall be  adjudged  by  any  court  of
   12  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   13  impair or invalidate the remainder thereof, but shall be confined in its
   14  operation to the clause, sentence, paragraph,  subdivision,  section  or
   15  part thereof directly involved in the controversy in which such judgment
   16  shall  have been rendered. It is hereby declared to be the intent of the
   17  legislature that this act would have been enacted even if  such  invalid
   18  provisions had not been included herein.
   19    S  6.  This  act  shall take effect immediately and shall be deemed to
   20  have been in full force and effect on and after April 1, 2015;  provided
   21  that:
   22    1.  any  rules or regulations necessary to implement the provisions of
   23  this act may be promulgated and any procedures, forms,  or  instructions
   24  necessary  for such implementation may be adopted and issued on or after
   25  the date this act shall have become a law;
   26    2. this act shall not be construed to alter, change, affect, impair or
   27  defeat any rights, obligations, duties or interests accrued, incurred or
   28  conferred prior to the effective date of this act;
   29    3. the commissioner of health  and  the  superintendent  of  financial
   30  services may take any steps necessary to implement this act prior to its
   31  effective date;
   32    4. notwithstanding any inconsistent provision of the state administra-
   33  tive  procedure  act  or any other provision of law, rule or regulation,
   34  the commissioner of health and the superintendent of financial  services
   35  are authorized to adopt or amend or promulgate on an emergency basis any
   36  regulation  they  determine necessary to implement any provision of this
   37  act on its effective date; and
   38    5. the provisions of this act shall become  effective  notwithstanding
   39  the  failure  of  the  commissioner  of  health or the superintendent of
   40  financial services to adopt or amend or  promulgate  regulations  imple-
   41  menting this act.
   42                                   PART H
   43    Section 1. Intentionally omitted.
   44    S 2. The public health law is amended by adding a new section 230-e to
   45  read as follows:
   46    S 230-E. URGENT CARE. 1. DEFINITIONS. AS USED IN THIS SECTION:
   47    (A)  "ACCREDITED  STATUS"  SHALL  MEAN  THE FULL ACCREDITATION BY SUCH
   48  NATIONALLY-RECOGNIZED ACCREDITING AGENCIES AS DETERMINED BY THE  COMMIS-
   49  SIONER.
   50    (B) "EMERGENCY MEDICAL CARE" SHALL MEAN THE PROVISION OF TREATMENT FOR
   51  LIFE-THREATENING  OR  POTENTIALLY  DISABLING TRAUMA, BURNS, RESPIRATORY,
   52  CIRCULATORY OR OBSTETRICAL CONDITIONS.
       A. 6007                            58
    1    (C) "LICENSEE" SHALL MEAN AN INDIVIDUAL LICENSED OR OTHERWISE  AUTHOR-
    2  IZED UNDER ARTICLE ONE HUNDRED THIRTY-ONE OR ONE HUNDRED THIRTY-ONE-B OF
    3  THE EDUCATION LAW.
    4    (D) "URGENT CARE" SHALL MEAN THE PROVISION OF TREATMENT ON AN UNSCHED-
    5  ULED  BASIS  TO  PATIENTS FOR ACUTE EPISODIC ILLNESS, MINOR TRAUMAS THAT
    6  ARE NOT LIFE-THREATENING, OR POTENTIALLY DISABLING, OR FOR MONITORING OR
    7  TREATMENT OVER PROLONGED PERIODS.
    8    (E) "URGENT CARE PROVIDER" SHALL MEAN A LICENSEE PRACTICE THAT  ADVER-
    9  TISES OR HOLDS ITSELF OUT AS A PROVIDER OF URGENT CARE.
   10    2.  NO  LICENSEE  PRACTICE  SHALL, WITHIN THIS STATE, DISPLAY SIGNAGE,
   11  ADVERTISE OR HOLD ITSELF OUT AS A PROVIDER OF URGENT  CARE  THROUGH  THE
   12  USE  OF  THE  TERM URGENT CARE, OR THROUGH ANY OTHER TERM OR SYMBOL THAT
   13  IMPLIES THAT IT IS A PROVIDER OF URGENT  CARE,  UNLESS  IT  OBTAINS  AND
   14  MAINTAINS  ACCREDITED STATUS, OBTAINS THE APPROVAL OF THE DEPARTMENT AND
   15  OTHERWISE COMPLIES WITH THE PROVISIONS OF THIS SECTION  AND  REGULATIONS
   16  PROMULGATED  HEREUNDER.  ANY  PROVIDER  THAT LOSES ITS ACCREDITED STATUS
   17  SHALL PROMPTLY NOTIFY THE DEPARTMENT THEREOF.
   18    3. NO LICENSEE PRACTICE SHALL, WITHIN  THIS  STATE,  DISPLAY  SIGNAGE,
   19  ADVERTISE  OR  HOLD  ITSELF  OUT AS A PROVIDER OF EMERGENCY MEDICAL CARE
   20  THROUGH THE USE OF THE TERM EMERGENCY, OR  THROUGH  ANY  OTHER  TERM  OR
   21  SYMBOL  THAT  IMPLIES  THAT  IT IS A PROVIDER OF EMERGENCY MEDICAL CARE,
   22  REGARDLESS OF WHETHER IT IS AN URGENT  CARE  PROVIDER  ACCREDITED  UNDER
   23  THIS SECTION.
   24    4.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A HOSPITAL
   25  ESTABLISHED UNDER ARTICLE TWENTY-EIGHT OF THIS  CHAPTER  FROM  PROVIDING
   26  URGENT  CARE  OR  EMERGENCY  MEDICAL  CARE,  OR FROM DISPLAYING SIGNAGE,
   27  ADVERTISING OR HOLDING ITSELF OUT AS A PROVIDER OF URGENT  OR  EMERGENCY
   28  CARE PURSUANT TO REGULATIONS PROMULGATED UNDER THAT ARTICLE.
   29    5.  THE  PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, BY A MAJORITY VOTE
   30  OF ITS MEMBERS, SHALL ADOPT AND AMEND RULES AND REGULATIONS, SUBJECT  TO
   31  THE  APPROVAL  OF  THE  COMMISSIONER,  TO  EFFECTUATE  THE  PURPOSES AND
   32  PROVISIONS OF THIS SECTION, INCLUDING, BUT NOT LIMITED TO  DEFINING  THE
   33  SCOPE  OF SERVICES THAT MAY BE PROVIDED BY URGENT CARE PROVIDERS AND THE
   34  MINIMUM SERVICES THAT SHALL BE PROVIDED; REQUIRING URGENT CARE PROVIDERS
   35  TO DISCLOSE TO PATIENTS THE SCOPE OF SERVICES PROVIDED; AND ESTABLISHING
   36  STANDARDS FOR APPROPRIATE REFERRAL AND  CONTINUITY  OF  CARE,  STAFFING,
   37  EQUIPMENT,  AND  MAINTENANCE  AND  TRANSMISSION OF PATIENT RECORDS. SUCH
   38  REGULATIONS SHALL ALSO PROMOTE AND STRENGTHEN PRIMARY CARE THROUGH:  (I)
   39  THE  INTEGRATION  OF SERVICES PROVIDED BY URGENT CARE PROVIDERS WITH THE
   40  SERVICES PROVIDED BY THE PATIENT'S OTHER HEALTH CARE PROVIDERS; AND (II)
   41  THE REFERRAL OF PATIENTS TO APPROPRIATE HEALTH CARE PROVIDERS, INCLUDING
   42  APPROPRIATE TRANSMISSION OF PATIENT HEALTH RECORDS.
   43    S 3. Subdivision 4 of  section  2951  of  the  public  health  law  is
   44  REPEALED.
   45    S 4. Section 2956 of the public health law is REPEALED.
   46    S  5.  Section 225 of the public health law is amended by adding a new
   47  subdivision 13 to read as follows:
   48    13. THE PUBLIC HEALTH AND HEALTH PLANNING  COUNCIL  SHALL  REVIEW  THE
   49  TYPE OF PROCEDURES PERFORMED IN OUTPATIENT SETTINGS, INCLUDING PRACTICES
   50  REQUIRED  TO REPORT ADVERSE EVENTS UNDER SECTION TWO HUNDRED THIRTY-D OF
   51  THIS  ARTICLE  AND  HEALTH  CARE  FACILITIES  LICENSED   UNDER   ARTICLE
   52  TWENTY-EIGHT  OF  THIS CHAPTER THAT PROVIDE AMBULATORY SURGERY SERVICES,
   53  FOR PURPOSES OF:
   54    (A) IDENTIFYING  THE  TYPES  OF  PROCEDURES  PERFORMED  AND  TYPES  OF
   55  ANESTHESIA/SEDATION ADMINISTERED IN SUCH SETTINGS;
       A. 6007                            59
    1    (B)  CONSIDERING  WHETHER  IT  IS  APPROPRIATE  FOR SUCH PROCEDURES OR
    2  ANESTHESIA/SEDATION TO BE PERFORMED IN SUCH SETTINGS;
    3    (C)  CONSIDERING WHETHER SETTINGS PERFORMING SUCH PROCEDURES OR ADMIN-
    4  ISTERING SUCH ANESTHESIA/SEDATION ARE SUBJECT TO SUFFICIENT OVERSIGHT;
    5    (D) CONSIDERING WHETHER SETTINGS PERFORMING SUCH PROCEDURES OR  ADMIN-
    6  ISTERING  SUCH ANESTHESIA/SEDATION ARE SUBJECT TO AN EQUIVALENT LEVEL OF
    7  OVERSIGHT REGARDLESS OF SETTING; AND
    8    (E) MAKING RECOMMENDATIONS TO THE DEPARTMENT REGARDING THE FOREGOING.
    9    S 6. This act shall take effect immediately, provided,  however,  that
   10  subdivision  2  of  section  230-e of the public health law, as added by
   11  section two of this act, shall take effect January 1, 2017;  subdivision
   12  3  of section 230-e of the public health law, as added by section two of
   13  this act, shall take effect January 1, 2016; and  regulations  shall  be
   14  adopted  or  amended  pursuant  to subdivision 5 of section 230-e of the
   15  public health law, as added by section two of this  act,  on  or  before
   16  January 1, 2016, and shall not take effect until January 1, 2017.
   17                                   PART I
   18    Section 1. Subdivision 2-a of section 2781 of the public health law is
   19  REPEALED.
   20    S  2.  The  civil  practice  law  and rules is amended by adding a new
   21  section 4519-a to read as follows:
   22    S 4519-A. POSSESSION OF CONDOMS; RECEIPT INTO EVIDENCE.  POSSESSION OF
   23  A CONDOM MAY NOT BE RECEIVED  IN  EVIDENCE  IN  ANY  TRIAL,  HEARING  OR
   24  PROCEEDING PURSUANT TO SUBDIVISION ONE OF SECTION TWELVE AND ARTICLE TEN
   25  OF THE MULTIPLE DWELLING LAW, SECTIONS TWELVE-A AND TWENTY-THREE HUNDRED
   26  TWENTY  OF  THE PUBLIC HEALTH LAW, SECTION TWO HUNDRED THIRTY-ONE OF THE
   27  REAL PROPERTY LAW OR SUBDIVISION FIVE OF SECTION  SEVEN  HUNDRED  ELEVEN
   28  AND  SECTION  SEVEN  HUNDRED  FIFTEEN  OF  THE REAL PROPERTY ACTIONS AND
   29  PROCEEDINGS LAW AS EVIDENCE OF PROSTITUTION, PATRONIZING  A  PROSTITUTE,
   30  PROMOTING  PROSTITUTION, PERMITTING PROSTITUTION, MAINTAINING A PREMISES
   31  FOR PROSTITUTION, LEWDNESS OR ASSIGNATION, OR MAINTAINING A BAWDY HOUSE.
   32    S 2-a. The criminal procedure law is amended by adding a  new  section
   33  60.47 to read as follows:
   34  S 60.47 POSSESSION OF CONDOMS; RECEIPT INTO EVIDENCE.
   35    EVIDENCE  THAT  A  PERSON WAS IN POSSESSION OF ONE OR MORE CONDOMS MAY
   36  NOT BE ADMITTED AT ANY TRIAL, HEARING OR OTHER PROCEEDING  IN  A  PROSE-
   37  CUTION  FOR ANY OFFENSE, OR AN ATTEMPT TO COMMIT ANY OFFENSE, DEFINED IN
   38  ARTICLE TWO HUNDRED THIRTY OR SECTION 240.37 OF THE PENAL  LAW  FOR  THE
   39  PURPOSE  OF  ESTABLISHING  PROBABLE  CAUSE  FOR AN ARREST OR PROVING ANY
   40  PERSON'S COMMISSION OR ATTEMPTED COMMISSION OF SUCH OFFENSE.
   41    S 2-b. Section 841 of the executive law is amended  by  adding  a  new
   42  subdivision 7-b to read as follows:
   43    7-B.  TAKE  SUCH  STEPS  AS MAY BE NECESSARY TO ENSURE THAT ALL POLICE
   44  OFFICERS AND PEACE OFFICERS CERTIFIED PURSUANT TO SUBDIVISION  THREE  OF
   45  THIS  SECTION  RECEIVE APPROPRIATE INSTRUCTION REGARDING THE EVIDENTIARY
   46  PROHIBITION SET FORTH IN SECTION 60.47 OF  THE  CRIMINAL  PROCEDURE  LAW
   47  RELATING  TO THE INTRODUCTION OF CONDOMS INTO EVIDENCE IN CERTAIN CRIMI-
   48  NAL PROSECUTIONS;
   49    S 3. The opening paragraph of section 220.03  of  the  penal  law,  as
   50  amended  by  chapter  154  of  the  laws  of 2011, is amended to read as
   51  follows:
   52    A person is guilty of criminal possession of a controlled substance in
   53  the seventh degree when he or she knowingly and unlawfully  possesses  a
   54  controlled  substance;  provided,  however,  that  it  shall  not  be  a
       A. 6007                            60
    1  violation of this section when a person possesses a residual amount of a
    2  controlled substance and that residual amount is in or on  a  hypodermic
    3  syringe or hypodermic needle [obtained and possessed pursuant to section
    4  thirty-three  hundred eighty-one of the public health law]; nor shall it
    5  be a violation of this section when a person's unlawful possession of  a
    6  controlled  substance  is  discovered  as  a result of seeking immediate
    7  health care as defined in paragraph (b) of subdivision three of  section
    8  220.78 of [the penal law] THIS ARTICLE, for either another person or him
    9  or  herself  because such person is experiencing a drug or alcohol over-
   10  dose or other life threatening medical emergency as defined in paragraph
   11  (a) of subdivision three of section 220.78 of [the penal law] THIS ARTI-
   12  CLE.
   13    S 4. Section 220.45 of the penal law is REPEALED.
   14    S 5. Subdivision 2 of section 850 of  the  general  business  law,  as
   15  amended  by  chapter  812  of  the  laws  of 1980, is amended to read as
   16  follows:
   17    2. (A) "Drug-related paraphernalia" consists of the following  objects
   18  used for the following purposes:
   19    [(a)]  (I)  Kits, used or designed for the purpose of planting, propa-
   20  gating, cultivating, growing or harvesting of any species of plant which
   21  is a controlled substance or from which a controlled  substance  can  be
   22  derived;
   23    [(b)]  (II)  Kits,  used or designed for the purpose of manufacturing,
   24  compounding, converting, producing, or preparing controlled substances;
   25    [(c)] (III) Isomerization devices, used or designed for the purpose of
   26  increasing the potency of any species of plant  which  is  a  controlled
   27  substance;
   28    [(d)]  (IV)  Scales  and balances, used or designed for the purpose of
   29  weighing or measuring controlled substances;
   30    [(e)] (V) Diluents and  adulterants,  including  but  not  limited  to
   31  quinine  hydrochloride, mannitol, mannite, dextrose and lactose, used or
   32  designed for the purpose of cutting controlled substances;
   33    [(f)] (VI) Separation gins, used or designed for the purpose of remov-
   34  ing twigs and seeds in order to clean or refine marihuana;
   35    [(g) Hypodermic syringes, needles and other objects, used or  designed
   36  for the purpose of parenterally injecting controlled substances into the
   37  human body;
   38    (h)] AND
   39    (VII)  Objects,  used or designed for the purpose of ingesting, inhal-
   40  ing, or otherwise introducing marihuana, cocaine,  hashish,  or  hashish
   41  oil into the human body.
   42    (B) "DRUG-RELATED PARAPHERNALIA" SHALL NOT INCLUDE HYPODERMIC NEEDLES,
   43  HYPODERMIC  SYRINGES AND OTHER OBJECTS USED FOR THE PURPOSE OF PARENTER-
   44  ALLY INJECTING CONTROLLED SUBSTANCES INTO THE HUMAN BODY.
   45    S 6. Section 3381 of the public health law, as amended by section  9-a
   46  of  part B of chapter 58 of the laws of 2007, subdivisions 1, 2 and 3 as
   47  amended by chapter 178 of the laws  of  2010,  is  amended  to  read  as
   48  follows:
   49    S  3381.  Sale  and  possession  of hypodermic syringes and hypodermic
   50  needles. 1. It shall be unlawful for any person to sell  or  furnish  to
   51  another  person  or  persons,  a hypodermic syringe or hypodermic needle
   52  except:
   53    (a) pursuant to a  prescription  of  a  practitioner,  which  for  the
   54  purposes  of  this section shall include a patient specific prescription
   55  form as provided for in the education law; or
       A. 6007                            61
    1    (b) to persons who have been authorized by the commissioner to  obtain
    2  and possess such instruments; or
    3    (c)  by  a pharmacy licensed under article one hundred thirty-seven of
    4  the education law, health care facility licensed under  article  twenty-
    5  eight  of  this  chapter  or a health care practitioner who is otherwise
    6  authorized to prescribe the use of hypodermic needles or syringes within
    7  his or her scope of practice;  provided,  however,  that  such  sale  or
    8  furnishing:  (i)  shall  only  be  to  a person eighteen years of age or
    9  older; AND (ii) [shall be limited to a quantity of ten or less hypoderm-
   10  ic needles or syringes; and (iii)] shall be in accordance with  subdivi-
   11  sion [five] FOUR of this section[.] ; OR
   12     (D) UNDER SUBDIVISION THREE OF THIS SECTION.
   13    2.  [It  shall be unlawful for any person to obtain or possess a hypo-
   14  dermic syringe or hypodermic needle  unless  such  possession  has  been
   15  authorized  by  the commissioner or is pursuant to a prescription, or is
   16  pursuant to subdivision five of this section.
   17    3.] Any person selling or furnishing a hypodermic syringe or hypoderm-
   18  ic needle pursuant to a prescription shall record upon the prescription,
   19  his or her signature or electronic signature, and the date of  the  sale
   20  or  furnishing  of  the  hypodermic  syringe  or hypodermic needle. Such
   21  prescription shall be retained on file for a period of five years and be
   22  readily accessible for inspection by  any  public  officer  or  employee
   23  engaged  in  the  enforcement  of this section. Such prescription may be
   24  refilled not more than the number of times  specifically  authorized  by
   25  the  prescriber upon the prescription, provided however no such authori-
   26  zation shall be effective for a period greater than two years  from  the
   27  date the prescription is signed.
   28    [4]  3.  The commissioner shall, subject to subdivision [five] FOUR of
   29  this section, designate persons, or by regulation,  classes  of  persons
   30  who  may  obtain  hypodermic  syringes  and  hypodermic  needles without
   31  prescription and the manner in which such transactions  may  take  place
   32  and the records thereof which shall be maintained.
   33    [5]  4.    (a)  A person eighteen years of age or older may obtain and
   34  possess a hypodermic syringe or hypodermic needle pursuant to  paragraph
   35  (c) of subdivision one of this section.
   36    (b)  Subject  to  regulations of the commissioner, a pharmacy licensed
   37  under article one hundred thirty-seven of the education  law,  a  health
   38  care  facility  licensed under article twenty-eight of this chapter or a
   39  health care practitioner who is otherwise authorized  to  prescribe  the
   40  use  of  hypodermic needles or syringes within his or her scope of prac-
   41  tice, may obtain and possess hypodermic  needles  or  syringes  for  the
   42  purpose  of  selling  or  furnishing  them  pursuant to paragraph (c) of
   43  subdivision one of this section or  for  the  purpose  of  disposing  of
   44  them[,  provided that such pharmacy, health care facility or health care
   45  practitioner has registered with the department].
   46    (c) Sale or furnishing of hypodermic syringes or hypodermic needles to
   47  direct consumers pursuant to this subdivision by a pharmacy, health care
   48  facility, or health care practitioner shall be accompanied by  a  safety
   49  insert. Such safety insert shall be developed or approved by the commis-
   50  sioner  and shall include, but not be limited to, (i) information on the
   51  proper use of hypodermic syringes and hypodermic needles; (ii) the  risk
   52  of  blood  borne  diseases  that  may  result from the use of hypodermic
   53  syringes and hypodermic needles; (iii) methods for preventing the trans-
   54  mission or contraction of blood borne diseases; (iv)  proper  hypodermic
   55  syringe and hypodermic needle disposal practices; (v) information on the
   56  dangers  of injection drug use, and how to access drug treatment; (vi) a
       A. 6007                            62
    1  toll-free phone number for information  on  the  human  immunodeficiency
    2  virus; and (vii) information on the safe disposal of hypodermic syringes
    3  and hypodermic needles including the relevant provisions of the environ-
    4  mental  conservation  law  relating to the unlawful release of regulated
    5  medical waste. The safety insert shall be attached to or included in the
    6  hypodermic syringe and hypodermic needle packaging, or shall be given to
    7  the purchaser at the point of sale or furnishing in brochure form.
    8    (d) In addition to the requirements of paragraph  (c)  of  subdivision
    9  one of this section, a pharmacy licensed under article one hundred thir-
   10  ty-seven  of the education law may sell or furnish hypodermic needles or
   11  syringes only if such pharmacy[: (i) does not advertise  to  the  public
   12  the  availability for retail sale or furnishing of hypodermic needles or
   13  syringes without a prescription; and (ii) at any  location  where  hypo-
   14  dermic  needles  or  syringes  are  kept for retail sale or furnishing,]
   15  stores such needles and syringes in a manner that makes  them  available
   16  only to authorized personnel and not openly available to customers.
   17    (e)  The commissioner shall promulgate rules and regulations necessary
   18  to implement the provisions of this subdivision which shall include: (I)
   19  STANDARDS FOR ADVERTISING TO THE PUBLIC THE AVAILABILITY FOR RETAIL SALE
   20  OR FURNISHING OF HYPODERMIC SYRINGES OR NEEDLES; AND (II) a  requirement
   21  that such pharmacies, health care facilities and health care practition-
   22  ers cooperate in a safe disposal of used hypodermic needles or syringes.
   23    (f)  The  commissioner  may,  upon  the finding of a violation of this
   24  section, suspend for a determinate period of time the sale or furnishing
   25  of syringes by a specific entity.
   26    [6] 5.  The provisions of this section  shall  not  apply  to  farmers
   27  engaged  in  livestock  production or to those persons supplying farmers
   28  engaged in livestock production, provided that:
   29    (a) Hypodermic syringes and needles  shall  be  stored  in  a  secure,
   30  locked storage container.
   31    (b) At any time the department may request a document outlining:
   32    (i)  the  number of hypodermic needles and syringes purchased over the
   33  past calendar year;
   34    (ii) a record of all hypodermic needles used over  the  past  calendar
   35  year; and
   36    (iii)  a  record of all hypodermic needles and syringes destroyed over
   37  the past calendar year.
   38    (c) Hypodermic needles and syringes shall be  destroyed  in  a  manner
   39  consistent with the provisions set forth in section thirty-three hundred
   40  eighty-one-a of this article.
   41    S 7. Intentionally omitted.
   42    S 8. This act shall take effect immediately.
   43                                   PART J
   44    Section 1. Subparagraph (v) of paragraph a of subdivision 1 of section
   45  6908  of  the  education  law  is renumbered subparagraph (vi) and a new
   46  subparagraph (v) is added to read as follows:
   47    (V) ADVANCED TASKS PROVIDED BY AN ADVANCED HOME HEALTH AIDE IN ACCORD-
   48  ANCE WITH REGULATIONS DEVELOPED BY  THE  COMMISSIONER,  IN  CONSULTATION
   49  WITH  THE COMMISSIONER OF HEALTH WHICH, AT A MINIMUM, SHALL: (1) SPECIFY
   50  THE ADVANCED TASKS THAT MAY BE PERFORMED BY ADVANCED HOME  HEALTH  AIDES
   51  PURSUANT TO THIS SUBPARAGRAPH, WHICH SHALL INCLUDE THE ADMINISTRATION OF
   52  MEDICATIONS  WHICH  ARE ROUTINE AND PREFILLED OR OTHERWISE PACKAGED IN A
   53  MANNER THAT PROMOTES RELATIVE  EASE  OF  ADMINISTRATION,  PROVIDED  THAT
   54  ADMINISTRATION  OF  MEDICATIONS  BY  INJECTION  OTHER  THAN  INSULIN FOR
       A. 6007                            63
    1  DIABETES CARE, STERILE PROCEDURES, AND CENTRAL LINE MAINTENANCE SHALL BE
    2  PROHIBITED, AND PROVIDED FURTHER THAT A SYSTEM SHALL BE ESTABLISHED THAT
    3  ADDRESSES DRUG DIVERSION; (2) SPECIFY THAT PARTICIPATION IN THIS PROGRAM
    4  SHALL  BE VOLUNTARY AND SUCH ADVANCED TASKS PROVIDED BY AN ADVANCED HOME
    5  HEALTH AIDE SHALL BE AT THE OPTION OF THE INDIVIDUAL; (3)  PROVIDE  THAT
    6  ADVANCED  TASKS PERFORMED BY ADVANCED HOME HEALTH AIDES MAY BE PERFORMED
    7  ONLY UNDER THE DIRECT SUPERVISION OF  A  REGISTERED  PROFESSIONAL  NURSE
    8  LICENSED  IN  NEW YORK STATE AND EMPLOYED BY A HOME CARE SERVICES AGENCY
    9  LICENSED OR CERTIFIED PURSUANT TO ARTICLE THIRTY-SIX OR HOSPICE  PROGRAM
   10  CERTIFIED PURSUANT TO ARTICLE FORTY OF THE PUBLIC HEALTH LAW, WHERE SUCH
   11  NURSING SUPERVISION (A) INCLUDES TRAINING AND PERIODIC ASSESSMENT OF THE
   12  PERFORMANCE OF ADVANCED TASKS, (B) SHALL BE DETERMINED BY THE REGISTERED
   13  PROFESSIONAL NURSE RESPONSIBLE FOR SUPERVISING SUCH ADVANCED TASKS BASED
   14  UPON  THE COMPLEXITY OF SUCH ADVANCED TASKS, THE SKILL AND EXPERIENCE OF
   15  THE ADVANCED HOME HEALTH AIDE, AND THE HEALTH STATUS OF  THE  INDIVIDUAL
   16  FOR  WHOM  SUCH  ADVANCED  TASKS ARE BEING PERFORMED, AND (C) INCLUDES A
   17  COMPREHENSIVE INITIAL AND THEREAFTER REGULAR AND ONGOING  ASSESSMENT  OF
   18  THE  INDIVIDUAL'S NEEDS; PROVIDED THAT THE REGISTERED PROFESSIONAL NURSE
   19  RESPONSIBLE FOR SUPERVISING SUCH ADVANCED TASKS SHALL VISIT  INDIVIDUALS
   20  RECEIVING  ACUTE  SERVICES  NO  LESS THAN ONCE PER MONTH AND INDIVIDUALS
   21  RECEIVING MAINTENANCE CARE NO  LESS  THAN  ONCE  EVERY  SIX  MONTHS  AND
   22  PROVIDED FURTHER THAT A REGISTERED PROFESSIONAL NURSE SHALL BE AVAILABLE
   23  BY  TELEPHONE  TO THE ADVANCED HOME HEALTH AIDE TWENTY-FOUR HOURS A DAY,
   24  SEVEN DAYS A WEEK; THE COMMISSIONER OF  HEALTH  SHALL,  IN  CONSULTATION
   25  WITH  THE  COMMISSIONER, DETERMINE APPROPRIATE STAFFING RATIOS TO ENSURE
   26  ADEQUATE NURSING SUPERVISION THAT SHALL NOT EXCEED ONE FULL TIME  EQUIV-
   27  ALENT  OF A REGISTERED PROFESSIONAL NURSE TO FIFTY INDIVIDUALS RECEIVING
   28  SERVICES; (4) ESTABLISH A PROCESS BY  WHICH  A  REGISTERED  PROFESSIONAL
   29  NURSE  MAY  DELEGATE  ADVANCED  TASKS  TO  AN  ADVANCED HOME HEALTH AIDE
   30  PROVIDED THAT SUCH PROCESS SHALL INCLUDE, BUT  NOT  BE  LIMITED  TO  (A)
   31  ALLOWING  DELEGATION  OF  ADVANCED TASKS TO AN ADVANCED HOME HEALTH AIDE
   32  ONLY WHERE SUCH ADVANCED HOME HEALTH AIDE HAS DEMONSTRATED TO THE SATIS-
   33  FACTION OF THE SUPERVISING REGISTERED PROFESSIONAL NURSE  COMPETENCY  IN
   34  EVERY ADVANCED TASK THAT SUCH ADVANCED HOME HEALTH AIDE IS AUTHORIZED TO
   35  PERFORM,  (B)  AUTHORIZING THE SUPERVISING REGISTERED PROFESSIONAL NURSE
   36  TO REVOKE ANY DELEGATED ADVANCED TASK FROM AN ADVANCED HOME HEALTH  AIDE
   37  FOR  ANY  REASON,  AND  (C) AUTHORIZING MULTIPLE REGISTERED PROFESSIONAL
   38  NURSES TO JOINTLY AGREE TO DELEGATE ADVANCED TASKS TO AN  ADVANCED  HOME
   39  HEALTH  AIDE,  PROVIDED  FURTHER  THAT  ONLY ONE REGISTERED PROFESSIONAL
   40  NURSE SHALL BE REQUIRED TO DETERMINE THE ADVANCED HOME HEALTH  AIDE  HAS
   41  DEMONSTRATED  COMPETENCY  IN  THE  ADVANCED  TASK  TO  BE PERFORMED; (5)
   42  PROVIDE THAT ADVANCED TASKS MAY BE PERFORMED ONLY IN ACCORDANCE WITH AND
   43  PURSUANT TO AN AUTHORIZED PRACTITIONER'S ORDERED CARE; (6) PROVIDE  THAT
   44  ONLY  A  HOME  HEALTH  AIDE WHO HAS AT LEAST ONE YEAR OF EXPERIENCE AS A
   45  CERTIFIED HOME HEALTH AIDE, HAS COMPLETED  THE  REQUISITE  TRAINING  AND
   46  DEMONSTRATED  COMPETENCIES OF AN ADVANCED HOME HEALTH AIDE AS DETERMINED
   47  BY THE COMMISSIONER OF HEALTH,  HAS  SUCCESSFULLY  COMPLETED  COMPETENCY
   48  EXAMINATIONS  SATISFACTORY  TO  AND DEVELOPED OR APPROVED BY THE COMMIS-
   49  SIONER OF HEALTH AND MEETS OTHER APPROPRIATE  QUALIFICATIONS  AS  DETER-
   50  MINED  BY  THE  COMMISSIONER  OF HEALTH MAY PERFORM ADVANCED TASKS AS AN
   51  ADVANCED HOME HEALTH AIDE; (7) PROVIDE THAT ONLY AN  INDIVIDUAL  WHO  IS
   52  LISTED  IN  THE HOME CARE SERVICES REGISTRY MAINTAINED BY THE DEPARTMENT
   53  OF HEALTH PURSUANT TO SUBDIVISION NINE  OF  SECTION  THIRTY-SIX  HUNDRED
   54  THIRTEEN  OF  THE  PUBLIC  HEALTH LAW AS HAVING SATISFIED ALL APPLICABLE
   55  TRAINING REQUIREMENTS AND HAVING PASSED THE APPLICABLE COMPETENCY  EXAM-
   56  INATIONS  AND  WHO  MEETS OTHER REQUIREMENTS AS SET FORTH IN REGULATIONS
       A. 6007                            64
    1  ISSUED BY THE COMMISSIONER OF HEALTH PURSUANT TO  SUBDIVISION  SEVENTEEN
    2  OF  SECTION  THIRTY-SIX HUNDRED TWO OF THE PUBLIC HEALTH LAW MAY PERFORM
    3  ADVANCED TASKS PURSUANT TO THIS SUBPARAGRAPH AND  MAY  HOLD  HIMSELF  OR
    4  HERSELF OUT AS AN ADVANCED HOME HEALTH AIDE; (8) ESTABLISH MINIMUM STAN-
    5  DARDS OF TRAINING FOR THE PERFORMANCE OF ADVANCED TASKS BY ADVANCED HOME
    6  HEALTH  AIDES,  INCLUDING  (A) DIDACTIC TRAINING, (B) CLINICAL TRAINING,
    7  AND (C) A SUPERVISED CLINICAL PRACTICUM WITH STANDARDS SET FORTH BY  THE
    8  COMMISSIONER  OF  HEALTH;  (9)  PROVIDE  THAT ADVANCED HOME HEALTH AIDES
    9  SHALL RECEIVE  CASE-SPECIFIC  TRAINING  ON  THE  ADVANCED  TASKS  TO  BE
   10  ASSIGNED  BY  THE  SUPERVISING  NURSE, PROVIDED THAT ADDITIONAL TRAINING
   11  SHALL TAKE PLACE WHENEVER ADDITIONAL ADVANCED TASKS ARE  ASSIGNED;  (10)
   12  PROHIBIT  AN  ADVANCED  HOME HEALTH AIDE FROM HOLDING HIMSELF OR HERSELF
   13  OUT, OR ACCEPTING EMPLOYMENT AS, A PERSON LICENSED TO  PRACTICE  NURSING
   14  UNDER THE PROVISIONS OF THIS ARTICLE; (11) PROVIDE THAT AN ADVANCED HOME
   15  HEALTH  AIDE  IS  NOT REQUIRED NOR PERMITTED TO ASSESS THE MEDICATION OR
   16  MEDICAL NEEDS OF AN INDIVIDUAL;  (12)  PROVIDE  THAT  AN  ADVANCED  HOME
   17  HEALTH  AIDE  SHALL  NOT  BE AUTHORIZED TO PERFORM ANY ADVANCED TASKS OR
   18  ACTIVITIES PURSUANT TO THIS SUBPARAGRAPH THAT ARE OUTSIDE THE  SCOPE  OF
   19  PRACTICE  OF  A LICENSED PRACTICAL NURSE OR ANY ADVANCED TASKS THAT HAVE
   20  NOT BEEN APPROPRIATELY DELEGATED BY THE SUPERVISING  REGISTERED  PROFES-
   21  SIONAL NURSE; (13) PROVIDE THAT AN ADVANCED HOME HEALTH AIDE SHALL DOCU-
   22  MENT  MEDICATION  ADMINISTRATION TO EACH INDIVIDUAL THROUGH THE USE OF A
   23  MEDICATION ADMINISTRATION RECORD;  (14)  PROVIDE  THAT  THE  SUPERVISING
   24  REGISTERED  PROFESSIONAL  NURSE  SHALL  RETAIN  THE DISCRETION TO DECIDE
   25  WHETHER TO ASSIGN ADVANCED TASKS TO ADVANCED  HOME  HEALTH  AIDES  UNDER
   26  THIS  PROGRAM  AND  THE  ADVANCED  HOME  HEALTH  AIDE  SHALL  RETAIN THE
   27  DISCRETION TO REFUSE A DELEGATED ADVANCED TASK AND SHALL NOT BE  SUBJECT
   28  TO  COERCION  OR  THE  THREAT  OF  RETALIATION; (15) NOTWITHSTANDING ANY
   29  PROVISIONS OF SECTIONS  SEVEN HUNDRED FORTY AND SEVEN HUNDRED  FORTY-ONE
   30  OF  THE  LABOR  LAW  TO  THE  CONTRARY, THE PROTECTIONS PROVIDED IN SUCH
   31  SECTIONS SHALL APPLY TO INDIVIDUALS PROVIDING  SUPERVISION  OR  ADVANCED
   32  TASKS  PURSUANT  TO THIS SUBPARAGRAPH; AND (16) PROVIDE THAT NO ADVANCED
   33  TASKS, OTHER THAN ADMINISTRATION OF MEDICATION, MAY BE  PERFORMED  PRIOR
   34  TO  JANUARY  FIRST,  TWO THOUSAND SEVENTEEN; PROVIDED THAT IN DEVELOPING
   35  SUCH REGULATIONS, THE COMMISSIONER SHALL TAKE INTO ACCOUNT THE RECOMMEN-
   36  DATIONS OF A WORKGROUP OF STAKEHOLDERS CONVENED BY THE  COMMISSIONER  OF
   37  HEALTH  IN CONSULTATION WITH THE COMMISSIONER FOR THE PURPOSE OF PROVID-
   38  ING GUIDANCE ON THE FOREGOING; OR
   39    S 2. Section 206 of the public health law is amended by adding  a  new
   40  subdivision 29 to read as follows:
   41    29.    THE  COMMISSIONER SHALL NOTIFY THE COMMISSIONER OF EDUCATION IN
   42  ANY INSTANCE IN WHICH A REGISTERED PROFESSIONAL NURSE ENGAGES IN IMPROP-
   43  ER BEHAVIOR WHILE SUPERVISING AN ADVANCED HOME HEALTH AIDE  PURSUANT  TO
   44  SUBPARAGRAPH (V) OF PARAGRAPH A OF SUBDIVISION ONE OF SECTION SIXTY-NINE
   45  HUNDRED EIGHT OF THE EDUCATION LAW.
   46    S  3. Section 3602 of the public health law is amended by adding a new
   47  subdivision 17 to read as follows:
   48    17. "ADVANCED HOME HEALTH AIDES"  MEANS  HOME  HEALTH  AIDES  WHO  ARE
   49  AUTHORIZED  TO  PERFORM ADVANCED TASKS AS DELINEATED IN SUBPARAGRAPH (V)
   50  OF PARAGRAPH A OF SUBDIVISION ONE OF SECTION SIXTY-NINE HUNDRED EIGHT OF
   51  THE EDUCATION LAW AND REGULATIONS ISSUED BY THE COMMISSIONER  OF  EDUCA-
   52  TION  RELATING  THERETO.  THE  COMMISSIONER SHALL PROMULGATE REGULATIONS
   53  REGARDING SUCH AIDES, WHICH SHALL INCLUDE TRAINING, DEMONSTRATED  COMPE-
   54  TENCIES,  COMPETENCY EXAMINATIONS, AND OTHER APPROPRIATE QUALIFICATIONS,
   55  AS WELL AS A PROCESS FOR THE LIMITATION OR REVOCATION  OF  THE  ADVANCED
       A. 6007                            65
    1  HOME  HEALTH AIDE'S AUTHORIZATION TO PERFORM ADVANCED TASKS IN APPROPRI-
    2  ATE CASES.
    3    S  4. Subdivision 9 of section 3613 of the public health law is renum-
    4  bered subdivision 10 and a  new  subdivision  9  is  added  to  read  as
    5  follows:
    6    9.  THE DEPARTMENT SHALL INDICATE WITHIN THE HOME CARE SERVICES WORKER
    7  REGISTRY WHEN A HOME HEALTH AIDE HAS SATISFIED ALL  APPLICABLE  TRAINING
    8  AND RECERTIFICATION REQUIREMENTS AND HAS PASSED THE APPLICABLE COMPETEN-
    9  CY EXAMINATIONS NECESSARY TO PERFORM ADVANCED TASKS PURSUANT TO SUBPARA-
   10  GRAPH  (V)  OF  PARAGRAPH  A  OF  SUBDIVISION  ONE OF SECTION SIXTY-NINE
   11  HUNDRED EIGHT OF THE EDUCATION LAW AND REGULATIONS ISSUED  THERETO.  ANY
   12  LIMITATION  OR  REVOCATION  OF  THE ADVANCED HOME HEALTH AIDE'S AUTHORI-
   13  ZATION ALSO SHALL BE INDICATED ON THE REGISTRY.
   14    S 5. In developing regulations  required  under  subparagraph  (v)  of
   15  paragraph  a  of  subdivision 1 of section 6908 of the education law, as
   16  added by section one of this act, the commissioner  of  education  shall
   17  take  into  consideration the recommendations of the workgroup of stake-
   18  holders convened by the commissioner of health to  provide  guidance  on
   19  the  tasks which may be performed by advanced home health aides pursuant
   20  to such section including, but not limited  to,  recommendations  encom-
   21  passing the following matters:
   22    (a)  the  advanced  tasks  that  appropriately  could  be performed by
   23  advanced home health aides with appropriate training and supervision;
   24    (b) the types of medications that advanced home health aides should be
   25  authorized to administer, including whether controlled substances should
   26  be authorized;
   27    (c) qualifications that must be  satisfied  by  advanced  home  health
   28  aides to perform such advanced tasks, including those related to experi-
   29  ence, training, moral character, and examination requirements;
   30    (d) minimum training and education standards; and
   31    (e) adequate levels of supervision to be provided by nurses, including
   32  adherence  to existing requirements for comprehensive assessment and any
   33  additional assessment that should be required, including when the  indi-
   34  vidual  receiving  advanced  tasks  performed by an advanced home health
   35  aide experiences a significant change in condition.
   36    On or before July 1,  2015,  the  commissioner  of  health  shall,  in
   37  consultation  with  the commissioner of education, issue a report to the
   38  governor and the chairs of the senate and  assembly  health  and  higher
   39  education committees setting forth the recommendations of the workgroup.
   40    S  6.  On or before January 1, 2019, the commissioner of health shall,
   41  in consultation with the commissioner of education, issue  a  report  on
   42  the  implementation  of  advanced  home  health aides in the state. Such
   43  report shall include the number of advanced home health aides authorized
   44  pursuant to this act; the types of advanced  tasks  that  advanced  home
   45  health  aides  are  performing; the number of individuals who were moved
   46  out of institutionalized settings as a direct result of  this  act;  the
   47  extent  to  which advanced home health aides contributed to the improve-
   48  ment of quality  care  of  these  individuals;  the  number  of  adverse
   49  outcomes, including medication errors, that were reported to the depart-
   50  ment  of  health;  any reports of or issues with drug diversion; and the
   51  number of advanced home health aides who had their authorization limited
   52  or revoked. Such report shall provide recommendations  to  the  governor
   53  and  the  chairs  of the senate and assembly health and higher education
   54  committees regarding the extension and/or alteration of these provisions
   55  and make any other recommendations  related  to  the  implementation  of
   56  advanced home health aides pursuant to this act.
       A. 6007                            66
    1    S 7. This act shall take effect immediately; provided that:
    2    a.  section one of this act shall take effect January 1, 2016.  Effec-
    3  tive immediately, the commissioner of education is authorized  to  adopt
    4  or  amend  regulations  necessary to implement the provisions of section
    5  one of this act on or before such  effective  date;  provided,  further,
    6  that  no advanced tasks shall be performed pursuant to the provisions of
    7  subparagraph (v) of paragraph a of subdivision 1 of section 6908 of  the
    8  education  law,  as  added  by section one of this act, until such regu-
    9  lations are adopted and except in conformance with such regulations; and
   10    b. this act shall expire and be deemed repealed June 30, 2019.
   11                                   PART K
   12    Section 1.  Subdivisions 1, 2 and 3 of  section  2802  of  the  public
   13  health  law,  subdivisions 1 and 2 as amended by section 58 of part A of
   14  chapter 58 of the laws of 2010, subdivision 3 as amended by chapter  609
   15  of  the  laws  of  1982 and paragraph (e) of subdivision 3 as amended by
   16  chapter 731 of the laws of 1993, are amended to read as follows:
   17    1. An application for  such  construction  shall  be  filed  with  the
   18  department,  together  with such other forms and information as shall be
   19  prescribed by, or acceptable to, the department. Thereafter the  depart-
   20  ment  shall forward a copy of the application and accompanying documents
   21  to the public health and health planning council, and the health systems
   22  agency, if any, having geographical jurisdiction of the area  where  the
   23  hospital is located.
   24    2. The commissioner shall not act upon an application for construction
   25  of  a  hospital  until the public health and health planning council and
   26  the health systems agency have had a reasonable  time  to  submit  their
   27  recommendations, and unless (a) the applicant has obtained all approvals
   28  and  consents  required  by  law  for its incorporation or establishment
   29  (including the approval of the public health and health planning council
   30  pursuant to the provisions of this article) provided, however, that  the
   31  commissioner  may  act upon an application for construction by an appli-
   32  cant possessing a valid operating certificate when the application qual-
   33  ifies for review without the recommendation of the council  pursuant  to
   34  regulations adopted by the council and approved by the commissioner; and
   35  (b)  the  commissioner  is  satisfied  as  to  the  public  need for the
   36  construction,  at  the  time  and  place  and  under  the  circumstances
   37  proposed,  provided  however  that[,] in the case of an application by a
   38  hospital established or operated by an organization defined in  subdivi-
   39  sion  one  of  section  four hundred eighty-two-b of the social services
   40  law, the needs of the members of the religious  denomination  concerned,
   41  for  care  or  treatment  in  accordance with their religious or ethical
   42  convictions, shall be deemed to be public need[.]; AND FURTHER  PROVIDED
   43  THAT:  (I) AN APPLICATION BY A GENERAL HOSPITAL OR DIAGNOSTIC AND TREAT-
   44  MENT CENTER, ESTABLISHED UNDER THIS ARTICLE, TO CONSTRUCT A FACILITY  TO
   45  PROVIDE PRIMARY CARE SERVICES, AS DEFINED IN REGULATION, MAY BE APPROVED
   46  WITHOUT  REGARD  FOR  PUBLIC  NEED;  OR (II) AN APPLICATION BY A GENERAL
   47  HOSPITAL OR A DIAGNOSTIC AND TREATMENT CENTER,  ESTABLISHED  UNDER  THIS
   48  ARTICLE,  TO  UNDERTAKE  CONSTRUCTION  THAT DOES NOT INVOLVE A CHANGE IN
   49  CAPACITY, THE TYPES  OF  SERVICES  PROVIDED,  MAJOR  MEDICAL  EQUIPMENT,
   50  FACILITY  REPLACEMENT,  OR  THE  GEOGRAPHIC LOCATION OF SERVICES, MAY BE
   51  APPROVED WITHOUT REGARD FOR PUBLIC NEED.
   52    3. Subject to the provisions of paragraph (b) of  subdivision  two  OF
   53  THIS SECTION, the commissioner in approving the construction of a hospi-
   54  tal  shall  take into consideration and be empowered to request informa-
       A. 6007                            67
    1  tion and advice as to (a) the availability  of  facilities  or  services
    2  such  as  preadmission, ambulatory or home care services which may serve
    3  as alternatives or substitutes for the whole or any part of the proposed
    4  hospital construction;
    5    (b)  the need for special equipment in view of existing utilization of
    6  comparable equipment at the time and place and under  the  circumstances
    7  proposed;
    8    (c)  the  possible  economies and improvements in service to be antic-
    9  ipated from the operation of joint central services including,  but  not
   10  limited  to  laboratory,  research,  radiology,  pharmacy,  laundry  and
   11  purchasing;
   12    (d) the adequacy of financial resources and sources of future revenue,
   13  PROVIDED THAT THE COMMISSIONER MAY, BUT IS NOT REQUIRED TO, CONSIDER THE
   14  ADEQUACY OF  FINANCIAL  RESOURCES  AND  SOURCES  OF  FUTURE  REVENUE  IN
   15  RELATION  TO  APPLICATIONS UNDER SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH
   16  (B) OF SUBDIVISION TWO OF THIS SECTION; and
   17    (e) whether the facility is currently in substantial  compliance  with
   18  all applicable codes, rules and regulations, provided, however, that the
   19  commissioner  shall  not  disapprove  an application solely on the basis
   20  that the facility is not currently in  substantial  compliance,  if  the
   21  application is specifically:
   22    (i) to correct life safety code or patient care deficiencies;
   23    (ii)  to correct deficiencies which are necessary to protect the life,
   24  health, safety and welfare of facility patients, residents or staff;
   25    (iii) for replacement of equipment that no longer meets the  generally
   26  accepted  operational  standards existing for such equipment at the time
   27  it was acquired; and
   28    (iv) for decertification of beds and services.
   29    S 2. Subdivisions 1, 2 and 3 of section 2807-z of  the  public  health
   30  law,  as amended by chapter 400 of the laws of 2012, are amended to read
   31  as follows:
   32    1. Notwithstanding any provision of this chapter or regulations or any
   33  other state law or regulation,  for  any  eligible  capital  project  as
   34  defined  in  subdivision  six of this section, the department shall have
   35  thirty  days  [of]  AFTER  receipt  of  the  certificate  of   need   OR
   36  CONSTRUCTION  application,  PURSUANT TO SECTION TWENTY-EIGHT HUNDRED TWO
   37  OF THIS ARTICLE, for a limited or administrative  review  to  deem  such
   38  application  complete.  If  the department determines the application is
   39  incomplete or that more information is required,  the  department  shall
   40  notify  the  applicant  in writing within thirty days of the date of the
   41  application's submission, and the applicant shall have  twenty  business
   42  days  to  provide  additional information or otherwise correct the defi-
   43  ciency in the application.
   44    2. For an eligible capital project requiring a limited or  administra-
   45  tive  review,  within ninety days of the department deeming the applica-
   46  tion complete, the department shall make a decision to approve or disap-
   47  prove the certificate of  need  OR  CONSTRUCTION  application  for  such
   48  project.  If  the  department  determines to disapprove the project, the
   49  basis for such disapproval shall be provided in writing; however, disap-
   50  proval shall not be based on the incompleteness of the  application.  If
   51  the  department fails to take action to approve or disapprove the appli-
   52  cation within ninety days of the certificate of need  application  being
   53  deemed complete, the application will be deemed approved.
   54    3.  For an eligible capital project requiring full review by the coun-
   55  cil, the certificate of need OR CONSTRUCTION application shall be placed
       A. 6007                            68
    1  on the next council agenda following the department deeming the applica-
    2  tion complete.
    3    S  3.  Section  2801-a of the public health law is amended by adding a
    4  new subdivision 3-b to read as follows:
    5    3-B. NOTWITHSTANDING ANY OTHER  PROVISIONS  OF  THIS  CHAPTER  TO  THE
    6  CONTRARY,  THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL MAY APPROVE THE
    7  ESTABLISHMENT OF DIAGNOSTIC OR TREATMENT CENTERS TO BE ISSUED  OPERATING
    8  CERTIFICATES  FOR  THE  PURPOSE OF PROVIDING PRIMARY CARE, AS DEFINED BY
    9  THE COMMISSIONER IN REGULATIONS, WITHOUT REGARD TO THE  REQUIREMENTS  OF
   10  PUBLIC NEED AND FINANCIAL RESOURCES AS SET FORTH IN SUBDIVISION THREE OF
   11  THIS SECTION.
   12    S  4.  Subdivision  3  of  section 2801-a of the public health law, as
   13  amended by section 57 of part A of chapter 58 of the laws  of  2010,  is
   14  amended to read as follows:
   15    3.  The  public health and health planning council shall not approve a
   16  certificate of incorporation, articles of  organization  or  application
   17  for  establishment  unless it is satisfied, insofar as applicable, as to
   18  (a) the public need for the existence of the institution at the time and
   19  place and under the circumstances proposed, provided, however,  that  in
   20  the  case of an institution proposed to be established or operated by an
   21  organization defined in subdivision one of section one hundred  seventy-
   22  two-a  of  the  executive law, the needs of the members of the religious
   23  denomination concerned, for care or treatment in accordance  with  their
   24  religious or ethical convictions, shall be deemed to be public need; (b)
   25  the  character,  competence,  and  standing  in  the  community,  of the
   26  proposed incorporators, directors, sponsors, MEMBERS, PRINCIPAL MEMBERS,
   27  stockholders,  [members]  PRINCIPAL  STOCKHOLDERS  or  operators;   with
   28  respect to any proposed incorporator, director, sponsor, MEMBER, PRINCI-
   29  PAL  MEMBER, stockholder, [member] PRINCIPAL STOCKHOLDER or operator who
   30  is already or within the past [ten] SEVEN years has been  an  incorpora-
   31  tor, director, sponsor, member, principal stockholder, principal member,
   32  or  operator of any hospital, private proprietary home for adults, resi-
   33  dence for adults, or non-profit home for the aged  or  blind  which  has
   34  been  issued  an operating certificate by the state department of social
   35  services, or a halfway house, hostel or other  residential  facility  or
   36  institution  for the care, custody or treatment of the mentally disabled
   37  which is subject to approval by the department  of  mental  hygiene,  no
   38  approval  shall  be granted unless the public health and health planning
   39  council, having afforded an adequate opportunity to  members  of  health
   40  systems  agencies,  if any, having geographical jurisdiction of the area
   41  where the institution is to be located to be heard, shall  affirmatively
   42  find  by  substantial  evidence  as to each such incorporator, director,
   43  sponsor, MEMBER, PRINCIPAL MEMBER,  principal  stockholder  or  operator
   44  that a substantially consistent high level of care is being or was being
   45  rendered  in each such hospital, home, residence, halfway house, hostel,
   46  or other residential facility or institution with which such  person  is
   47  or was affiliated; for the purposes of this paragraph, the public health
   48  and  health  planning council shall adopt rules and regulations, subject
   49  to the approval of the commissioner, to establish  the  criteria  to  be
   50  used  to determine whether a substantially consistent high level of care
   51  has been rendered, provided, however, that there shall not be a  finding
   52  that  a  substantially  consistent  high level of care has been rendered
   53  where there have been violations of the state hospital  code,  or  other
   54  applicable rules and regulations, that (i) threatened to directly affect
   55  the  health, safety or welfare of any patient or resident, and (ii) were
   56  recurrent or were not promptly corrected, UNLESS THE PROPOSED INCORPORA-
       A. 6007                            69
    1  TOR, DIRECTOR, SPONSOR, MEMBER, PRINCIPAL MEMBER, STOCKHOLDER, PRINCIPAL
    2  STOCKHOLDER, OR OPERATOR DEMONSTRATES, AND THE PUBLIC HEALTH AND  HEALTH
    3  PLANNING  COUNCIL FINDS, THAT THE VIOLATIONS CANNOT BE ATTRIBUTED TO THE
    4  ACTION  OR  INACTION  OF  SUCH PROPOSED INCORPORATOR, DIRECTOR, SPONSOR,
    5  MEMBER, PRINCIPAL MEMBER, STOCKHOLDER, PRINCIPAL STOCKHOLDER, OR  OPERA-
    6  TOR  DUE  TO  THE  TIMING,  EXTENT OR MANNER OF THE AFFILIATION; (c) the
    7  financial resources of the  proposed  institution  and  its  sources  of
    8  future revenues; and (d) such other matters as it shall deem pertinent.
    9    S  5. Paragraphs (b) and (c) of subdivision 4 of section 2801-a of the
   10  public health law, as amended by section 57 of part A of chapter  58  of
   11  the laws of 2010, are amended to read as follows:
   12    (b) [(i)] Any transfer, assignment or other disposition of ten percent
   13  or more of [an] DIRECT OR INDIRECT interest or voting rights in [a part-
   14  nership  or  limited  liability  company, which is the] AN operator of a
   15  hospital to a new STOCKHOLDER,  partner  or  member,  OR  ANY  TRANSFER,
   16  ASSIGNMENT  OR  OTHER  DISPOSITION  OF  A DIRECT OR INDIRECT INTEREST OR
   17  VOTING RIGHTS OF SUCH AN OPERATOR WHICH  RESULTS  IN  THE  OWNERSHIP  OR
   18  CONTROL  OF  MORE  THAN  TEN PERCENT OF THE INTEREST OR VOTING RIGHTS OF
   19  SUCH OPERATOR BY ANY PERSON NOT PREVIOUSLY APPROVED BY THE PUBLIC HEALTH
   20  AND HEALTH PLANNING COUNCIL, OR ITS PREDECESSOR, FOR THAT OPERATOR shall
   21  be approved by the public health and health planning council, in accord-
   22  ance with the provisions of subdivisions two and three of this  section,
   23  except that: (A) any such change shall be subject to the approval by the
   24  public  health  and health planning council in accordance with paragraph
   25  (b) of subdivision three of this section only with respect  to  the  new
   26  STOCKHOLDER, partner or member, and any remaining STOCKHOLDERS, partners
   27  or  members  who  have not been previously approved for that facility in
   28  accordance with such paragraph, and (B) such change shall not be subject
   29  to paragraph (a) of subdivision three of this section. IN THE ABSENCE OF
   30  SUCH APPROVAL, THE OPERATING  CERTIFICATE  OF  SUCH  HOSPITAL  SHALL  BE
   31  SUBJECT TO REVOCATION OR SUSPENSION.
   32    [(ii)]  (C) (I)  With respect to a transfer, assignment or disposition
   33  involving less than ten percent of [an] A DIRECT OR INDIRECT interest or
   34  voting rights in [such partnership  or  limited  liability  company]  AN
   35  OPERATOR OF A HOSPITAL to a new STOCKHOLDER, partner or member, no prior
   36  approval  of  the  public  health  and  health planning council shall be
   37  required EXCEPT WHERE REQUIRED BY PARAGRAPH  (B)  OF  THIS  SUBDIVISION.
   38  However,  no  such transaction shall be effective unless at least ninety
   39  days prior to the intended effective date thereof, the  [partnership  or
   40  limited  liability  company] OPERATOR fully completes and files with the
   41  public health and health planning council notice on a form, to be devel-
   42  oped by the public health  and  health  planning  council,  which  shall
   43  disclose  such information as may reasonably be necessary for the public
   44  health and health planning council to determine whether  it  should  bar
   45  the  transaction  for any of the reasons set forth in item (A), (B), (C)
   46  or (D) below. Within ninety days  from  the  date  of  receipt  of  such
   47  notice, the public health and health planning council may bar any trans-
   48  action under this subparagraph: (A) if the equity position of the [part-
   49  nership  or  limited liability company,] OPERATOR, determined in accord-
   50  ance with generally accepted accounting principles, would be reduced  as
   51  a  result  of the transfer, assignment or disposition; (B) if the trans-
   52  action would result in the ownership of a  [partnership  or  membership]
   53  DIRECT  OR  INDIRECT  interest  OR VOTING RIGHTS by any persons who have
   54  been convicted of a felony described  in  subdivision  five  of  section
   55  twenty-eight  hundred  six  of this article; (C) if there are reasonable
   56  grounds to believe that the proposed transaction does  not  satisfy  the
       A. 6007                            70
    1  character and competence criteria set forth in subdivision three of this
    2  section; or (D) UPON THE RECOMMENDATION OF THE DEPARTMENT, if the trans-
    3  action,  together  with all transactions under this subparagraph for the
    4  [partnership] OPERATOR, or successor, during any five year period would,
    5  in the aggregate, involve twenty-five percent or more of the interest in
    6  the  [partnership] OPERATOR. The public health and health planning coun-
    7  cil shall state specific reasons for barring any transaction under  this
    8  subparagraph and shall so notify each party to the proposed transaction.
    9    [(iii)  With  respect  to  a transfer, assignment or disposition of an
   10  interest or voting rights  in  such  partnership  or  limited  liability
   11  company  to  any remaining partner or member, which transaction involves
   12  the withdrawal of the transferor from the partnership or limited liabil-
   13  ity company, no prior approval of the public health and health  planning
   14  council  shall be required. However, no such transaction shall be effec-
   15  tive unless at least ninety days prior to the  intended  effective  date
   16  thereof,  the  partnership  or limited liability company fully completes
   17  and files with the public health and health planning council notice on a
   18  form, to be developed by the public health and health planning  council,
   19  which shall disclose such information as may reasonably be necessary for
   20  the  public  health  and health planning council to determine whether it
   21  should bar the transaction for the reason set forth below. Within ninety
   22  days from the date of receipt of such  notice,  the  public  health  and
   23  health  planning council may bar any transaction under this subparagraph
   24  if the equity position of the partnership or limited liability  company,
   25  determined  in accordance with generally accepted accounting principles,
   26  would be reduced as a result of the transfer, assignment or disposition.
   27  The public health and  health  planning  council  shall  state  specific
   28  reasons for barring any transaction under this subparagraph and shall so
   29  notify each party to the proposed transaction.
   30    (c)  Any  transfer,  assignment or other disposition of ten percent or
   31  more of the stock or voting rights thereunder of a corporation which  is
   32  the  operator  of a hospital or which is a member of a limited liability
   33  company which is the operator of a hospital to a new stockholder, or any
   34  transfer, assignment or other disposition of the stock or voting  rights
   35  thereunder  of  such  a  corporation  which  results in the ownership or
   36  control of more than ten percent of the stock or  voting  rights  there-
   37  under  of  such corporation by any person not previously approved by the
   38  public health and health planning council, or its predecessor, for  that
   39  corporation shall be subject to approval by the public health and health
   40  planning  council, in accordance with the provisions of subdivisions two
   41  and three of this section and rules and  regulations  pursuant  thereto;
   42  except  that:  any  such transaction shall be subject to the approval by
   43  the public health and health planning council in accordance  with  para-
   44  graph  (b)  of  subdivision three of this section only with respect to a
   45  new stockholder or a new principal stockholder; and shall not be subject
   46  to paragraph (a) of subdivision three of this section. In the absence of
   47  such approval, the operating  certificate  of  such  hospital  shall  be
   48  subject to revocation or suspension.]
   49    (II)  No prior approval of the public health and health planning coun-
   50  cil shall be required with respect to a transfer, assignment or disposi-
   51  tion of ten percent or more of [the stock] A DIRECT OR INDIRECT INTEREST
   52  or voting rights [thereunder of a corporation which is the] IN AN opera-
   53  tor of a hospital [or which is a member of a limited  liability  company
   54  which  is  the owner of a hospital] to any person previously approved by
   55  the public health and health planning council, or its  predecessor,  for
   56  that  [corporation]  OPERATOR.  However,  no  such  transaction shall be
       A. 6007                            71
    1  effective unless at least ninety days prior to  the  intended  effective
    2  date  thereof, the [stockholder] OPERATOR FULLY completes and files with
    3  the public health and health planning council  notice  on  forms  to  be
    4  developed  by the public health and health planning council, which shall
    5  disclose such information as may reasonably be necessary for the  public
    6  health  and  health  planning council to determine whether it should bar
    7  the transaction. Such transaction will  be  final  as  of  the  intended
    8  effective date unless, prior thereto, the public health and health plan-
    9  ning  council shall state specific reasons for barring such transactions
   10  under this paragraph and shall notify each party to the proposed  trans-
   11  action.  Nothing  in  this  paragraph shall be construed as permitting a
   12  person not previously approved by the public health and health  planning
   13  council  for  that  [corporation]  OPERATOR  to  become the owner of ten
   14  percent or more of the [stock of a corporation  which  is]  INTEREST  OR
   15  VOTING RIGHTS, DIRECTLY OR INDIRECTLY, IN the operator of a hospital [or
   16  which is a member of a limited liability company which is the owner of a
   17  hospital]  without first obtaining the approval of the public health and
   18  health planning council.
   19    S 6. Subdivision 1 of section 3611-a of  the  public  health  law,  as
   20  amended  by  section  67 of part A of chapter 58 of the laws of 2010, is
   21  amended to read as follows:
   22    1. Any change in the person who, or any transfer, assignment, or other
   23  disposition of an interest or voting rights of ten percent or  more,  or
   24  any  transfer,  assignment  or  other  disposition  which results in the
   25  ownership or control of an interest or voting rights of ten  percent  or
   26  more, in a limited liability company or a partnership which is the oper-
   27  ator  of a licensed home care services agency or a certified home health
   28  agency shall be approved by the public health and health planning  coun-
   29  cil,  in  accordance  with the provisions of subdivision four of section
   30  thirty-six hundred five of this article relative to licensure or  subdi-
   31  vision two of section thirty-six hundred six of this article relative to
   32  certificate of approval, except that:
   33    (a)  Public  health  and  health  planning  council  approval shall be
   34  required only with respect to the person, or the member or partner  that
   35  is acquiring the interest or voting rights; and
   36    (b)  With respect to certified home health agencies, such change shall
   37  not be subject to the public need assessment described in paragraph  (a)
   38  of subdivision two of section thirty-six hundred six of this article.
   39    (c)  IN  THE  ABSENCE  OF SUCH APPROVAL, THE LICENSE OR CERTIFICATE OF
   40  APPROVAL SHALL BE SUBJECT TO REVOCATION OR SUSPENSION.
   41    (D) (I) No prior approval of the public  health  and  health  planning
   42  council  shall  be  required  with  respect to a transfer, assignment or
   43  disposition of:
   44    [(i)] (A) an interest  or  voting  rights  to  any  person  previously
   45  approved by the public health and health planning council, or its prede-
   46  cessor, for that operator; or
   47    [(ii)]  (B)  an  interest or voting rights of less than ten percent in
   48  the operator. [However, no]
   49    (II) NO such transaction UNDER  SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH
   50  shall  be  effective  unless  at least ninety days prior to the intended
   51  effective date thereof, the [partner or member] OPERATOR  completes  and
   52  files with the public health and health planning council notice on forms
   53  to  be developed by the public health council, which shall disclose such
   54  information as may reasonably be necessary for  the  public  health  and
   55  health  planning  council  to determine whether it should bar the trans-
   56  action. Such transaction will be final as of the intended effective date
       A. 6007                            72
    1  unless, prior thereto, the public health  and  health  planning  council
    2  shall  state  specific  reasons for barring such transactions under this
    3  paragraph and shall notify each party to the proposed transaction.
    4    S  6-a.  The public health law is amended by adding a new section 2827
    5  to read as follows:
    6    S 2827. REDUCTION OF HOURS OR CLOSURE OF A HOSPITAL-SPONSORED OFF-CAM-
    7  PUS EMERGENCY DEPARTMENT. A FULL CERTIFICATE OF  NEED  (CON)  REVIEW  IS
    8  REQUIRED   FOR   HOSPITAL-SPONSORED   OFF-CAMPUS   EMERGENCY  DEPARTMENT
    9  REDUCTION OF HOURS OR CLOSURE. 1. NO LATER THAN SIX MONTHS FROM  RECEIV-
   10  ING  A  PROPOSAL  FROM  A GENERAL HOSPITAL FOR THE REDUCTION OF HOURS OR
   11  CLOSURE OF AN EMERGENCY DEPARTMENT OF SUCH GENERAL HOSPITAL, THE COMMIS-
   12  SIONER SHALL INITIATE A FULL CON REVIEW FOR THE PURPOSE OF UNDERSTANDING
   13  THE IMPACT OF THE REDUCTION OF HOURS  OR  GENERAL  HOSPITAL'S  EMERGENCY
   14  DEPARTMENT  CLOSURE  ON ACCESS TO HEALTH CARE SERVICES OF MEMBERS OF THE
   15  SURROUNDING COMMUNITY, INCLUDING  BUT  NOT  LIMITED  TO,  RECIPIENTS  OF
   16  MEDICAL  ASSISTANCE  FOR  NEEDY  PERSONS, THE UNINSURED, AND UNDERSERVED
   17  POPULATIONS.
   18    2. ANY HOSPITAL-SPONSORED OFF-CAMPUS EMERGENCY DEPARTMENT REDUCTION OF
   19  HOURS OR CLOSURE PENDING  BEFORE  THE  DEPARTMENT  OF  HEALTH  SHALL  BE
   20  DELAYED  AND  SUBJECT  TO  THE  PROVISIONS  OF  SUBDIVISION  ONE OF THIS
   21  SECTION.
   22    3. THIS SECTION SHALL  ONLY  APPLY  TO  HOSPITAL-SPONSORED  OFF-CAMPUS
   23  EMERGENCY  DEPARTMENTS  LOCATED  IN TOWNS WITH A POPULATION GREATER THAN
   24  TWELVE THOUSAND SIX HUNDRED AND LESS THAN TWELVE THOUSAND SEVEN  HUNDRED
   25  ACCORDING TO THE 2010 U.S. DECENNIAL CENSUS.
   26    S 7. This act shall take effect immediately.
   27                                   PART L
   28    Section 1. Section 230-d of the public health law, as added by chapter
   29  365  of  the  laws of 2007, paragraph (i) of subdivision 1 as amended by
   30  chapter 438 of the laws of 2012, and subdivision 4 as amended by chapter
   31  477 of the laws of 2008, is amended to read as follows:
   32    S 230-d. Office-based surgery  AND  OFFICE-BASED  ANESTHESIA.  1.  The
   33  following  words  or  phrases,  as  used  in this section shall have the
   34  following meanings:
   35    (a) "Accredited status" means the full accreditation by nationally-re-
   36  cognized accrediting agency(ies) determined by the commissioner.
   37    (b) "Adverse event" means (i) patient death within thirty  days;  (ii)
   38  unplanned  transfer  to  a hospital OR EMERGENCY DEPARTMENT VISIT WITHIN
   39  SEVENTY-TWO HOURS OF OFFICE-BASED SURGERY  OR  OFFICE-BASED  ANESTHESIA;
   40  (iii)  unscheduled  hospital  admission  OR  ASSIGNMENT  TO  OBSERVATION
   41  SERVICES, within  seventy-two  hours  of  the  office-based  surgery  OR
   42  OFFICE-BASED  ANESTHESIA, for longer than twenty-four hours; or (iv) any
   43  other serious or life-threatening event.
   44    (c) "Deep sedation" means a drug-induced depression  of  consciousness
   45  during  which  (i)  the  patient  cannot  be easily aroused but responds
   46  purposefully following repeated painful stimulation; (ii) the  patient's
   47  ability  to  maintain  independent ventilatory function may be impaired;
   48  (iii) the patient may require assistance in maintaining a patent  airway
   49  and  spontaneous  ventilation  may be inadequate; and (iv) the patient's
   50  cardiovascular function is usually maintained without assistance.
   51    (d) "General anesthesia" means a drug-induced depression of conscious-
   52  ness during which (i) the patient is  not  arousable,  even  by  painful
   53  stimulation; (ii) the patient's ability to maintain independent ventila-
   54  tory function is often impaired; (iii) the patient, in many cases, often
       A. 6007                            73
    1  requires assistance in maintaining a patent airway and positive pressure
    2  ventilation may be required because of depressed spontaneous ventilation
    3  or  drug-induced  depression  of  neuromuscular  function;  and (iv) the
    4  patient's cardiovascular function may be impaired.
    5    (e)  "Moderate sedation" means a drug-induced depression of conscious-
    6  ness during which  (i)  the  patient  responds  purposefully  to  verbal
    7  commands, either alone or accompanied by light tactile stimulation; (ii)
    8  no interventions are required to maintain a patent airway; (iii) sponta-
    9  neous  ventilation  is  adequate;  and (iv) the patient's cardiovascular
   10  function is usually maintained without assistance.
   11    (f) "Minimal sedation" means a drug-induced  state  during  which  (i)
   12  patients  respond  normally  to verbal commands; (ii) cognitive function
   13  and coordination may be impaired; and (iii) ventilatory and cardiovascu-
   14  lar functions are unaffected.
   15    (g) "Minor procedures" means (i)  procedures  that  can  be  performed
   16  safely  with  a  minimum  of  discomfort where the likelihood of compli-
   17  cations requiring hospitalization is minimal; (ii) procedures  performed
   18  with  local  or topical anesthesia; or (iii) liposuction with removal of
   19  less than 500 cc of fat under unsupplemented local anesthesia.
   20    (h) "Office-based surgery" means any surgical or other invasive proce-
   21  dure, requiring general anesthesia, NEURAXIAL ANESTHESIA, MAJOR UPPER OR
   22  LOWER EXTREMITY  REGIONAL  NERVE  BLOCKS,  moderate  sedation,  or  deep
   23  sedation,  and  any  liposuction procedure, where such surgical or other
   24  invasive procedure or liposuction  is  performed  by  a  licensee  in  a
   25  location other than a hospital, as such term is defined in article twen-
   26  ty-eight  of  this  chapter,  excluding  minor procedures and procedures
   27  requiring minimal sedation.
   28    (i) "Licensee" shall mean an individual licensed or otherwise  author-
   29  ized  under  article  one  hundred thirty-one, one hundred thirty-one-B,
   30  [individuals who have obtained an issuance of  a  privilege  to  perform
   31  podiatric  standard  or  advanced ankle surgery pursuant to subdivisions
   32  one and two of section seven thousand nine] ONE HUNDRED  THIRTY-TWO,  OR
   33  ONE HUNDRED FORTY-ONE of the education law.
   34    (J) "MAJOR UPPER OR LOWER EXTREMITY REGIONAL NERVE BLOCKS" MEANS TYPES
   35  OF REGIONAL ANESTHESIA IN WHICH PAIN SENSATION IS MODIFIED OR BLOCKED TO
   36  A LARGE AREA OF THE EXTREMITY BY ADMINISTRATION OF MEDICATION AROUND THE
   37  NERVES SUPPLYING THAT REGION OF THE EXTREMITY.
   38    (K)  "NEURAXIAL  ANESTHESIA"  MEANS  A  FORM OF REGIONAL ANESTHESIA IN
   39  WHICH PAIN SENSATION IS MODIFIED OR BLOCKED BY ADMINISTRATION OF MEDICA-
   40  TION INTO THE EPIDURAL SPACE OR SPINAL CANAL.
   41    (L) "OFFICE-BASED  ANESTHESIA"  MEANS  GENERAL  ANESTHESIA,  NEURAXIAL
   42  ANESTHESIA, MAJOR UPPER OR LOWER EXTREMITY REGIONAL NERVE BLOCKS, MODER-
   43  ATE SEDATION OR DEEP SEDATION WHERE SUCH ANESTHESIA IS ADMINISTERED BY A
   44  HEALTH  CARE  PROFESSIONAL ACTING WITHIN THE SCOPE OF PRACTICE OF HIS OR
   45  HER LICENSE OR CERTIFICATION UNDER TITLE EIGHT OF THE EDUCATION LAW IN A
   46  LOCATION OTHER THAN A HOSPITAL, AS SUCH TERM IS DEFINED IN ARTICLE TWEN-
   47  TY-EIGHT OF THIS CHAPTER.
   48    2. Licensee practices in which office-based  surgery  OR  OFFICE-BASED
   49  ANESTHESIA is performed shall obtain and maintain full accredited status
   50  AND REGISTER WITH THE DEPARTMENT.
   51    3.  A  licensee  may only perform office-based surgery OR OFFICE-BASED
   52  ANESTHESIA in a setting that has obtained and maintains full  accredited
   53  status AND IS REGISTERED WITH THE DEPARTMENT.
   54    4.  (A)  Licensees  shall  report  adverse  events to the department's
   55  patient safety center within [one] THREE  business  [day]  DAYS  of  the
   56  occurrence  of  such  adverse  event.  Licensees  shall  also report any
       A. 6007                            74
    1  suspected health care disease transmission originating  in  their  prac-
    2  tices  to  the  patient  safety center within [one] THREE business [day]
    3  DAYS of becoming aware of such suspected transmission. For  purposes  of
    4  this  section,  health  care  disease transmission shall mean the trans-
    5  mission of a reportable communicable disease that is blood borne from  a
    6  health care professional to a patient or between patients as a result of
    7  improper infection control practices by the health care professional.
    8    (B)  THE  DEPARTMENT  MAY  ALSO REQUIRE LICENSEES TO REPORT ADDITIONAL
    9  DATA SUCH AS PROCEDURAL INFORMATION AS NEEDED FOR THE INTERPRETATION  OF
   10  ADVERSE  EVENTS  AND  EVALUATION OF PATIENT CARE AND QUALITY IMPROVEMENT
   11  AND ASSURANCE ACTIVITIES.
   12    (C) The DATA reported [data] UNDER THIS SUBDIVISION shall  be  subject
   13  to  all  confidentiality  provisions  provided  by  section  twenty-nine
   14  hundred ninety-eight-e of this chapter.
   15    4-A. OFFICE-BASED SURGERY OR OFFICE-BASED ANESTHESIA SHALL BE  LIMITED
   16  TO  OPERATIONS  AND PROCEDURES WITH AN EXPECTED DURATION OF NO MORE THAN
   17  SIX HOURS AND EXPECTED APPROPRIATE AND SAFE DISCHARGE WITHIN THE  SUBSE-
   18  QUENT SIX HOURS.
   19    5.  The  commissioner  shall  make, adopt, promulgate and enforce such
   20  rules and regulations, as he or she may deem appropriate, to  effectuate
   21  the  purposes  of  this section. Where any rule or regulation under this
   22  section would affect the scope of practice of a health care practitioner
   23  licensed, registered or certified under title eight of the education law
   24  other than those licensed under articles one hundred thirty-one  or  one
   25  hundred  thirty-one-B of the education law, the rule or regulation shall
   26  be made with the concurrence of the commissioner of education.
   27    S 2. The section heading and subdivisions 1 and 2 of section 2998-e of
   28  the public health law, as added by chapter 365 of the laws of 2007,  are
   29  amended to read as follows:
   30    Reporting  [of adverse events] in office based surgery AND ANESTHESIA.
   31  1. The commissioner shall enter into agreements with  accrediting  agen-
   32  cies  pursuant  to  which  the  accrediting  agencies  shall REQUIRE ALL
   33  OFFICE-BASED SURGICAL AND OFFICE-BASED ANESTHESIA PRACTICES  TO  CONDUCT
   34  QUALITY IMPROVEMENT AND QUALITY ASSURANCE ACTIVITIES AND UTILIZE CERTIF-
   35  ICATION  BY AN APPROPRIATE CERTIFYING ORGANIZATION, HOSPITAL PRIVILEGING
   36  OR OTHER EQUIVALENT METHODS TO DETERMINE COMPETENCY OF PRACTITIONERS  TO
   37  PERFORM  OFFICE-BASED  SURGERY  AND  OFFICE-BASED  ANESTHESIA, CARRY OUT
   38  SURVEYS OR COMPLAINT/INCIDENT INVESTIGATIONS UPON DEPARTMENT REQUEST AND
   39  SHALL report, at a minimum, [aggregate data on adverse events]  FINDINGS
   40  OF  SURVEYS  AND  COMPLAINT/INCIDENT  INVESTIGATIONS,  AND  DATA for all
   41  office-based surgical AND OFFICE-BASED ANESTHESIA  practices  accredited
   42  by  the  accrediting  agencies  to  the  department.  The department may
   43  disclose reports of aggregate data to the public.
   44    2. The information required to be collected, maintained  and  reported
   45  directly  to  the  department AND MAINTAINED BY OFFICE-BASED SURGERY AND
   46  OFFICE-BASED ANESTHESIA PRACTICES UNDER QUALITY IMPROVEMENT AND  QUALITY
   47  ASSURANCE  ACTIVITIES  pursuant  to section two hundred thirty-d of this
   48  chapter shall be kept confidential and shall not be released, except  to
   49  the  department  and  except  as required or permitted under subdivision
   50  nine-a and subparagraph (v) of  paragraph  (a)  of  subdivision  ten  of
   51  section  two  hundred  thirty of this chapter. Notwithstanding any other
   52  provision of law, none of such information shall be subject  to  disclo-
   53  sure  under article six of the public officers law or article thirty-one
   54  of the civil practice law and rules.
   55    S 3. This act shall take effect one year after it shall have become  a
   56  law.
       A. 6007                            75
    1                                   PART M
    2    Section 1. Subdivisions 1 and 2 of section 1100-a of the public health
    3  law,  as  added  by chapter 258 of the laws of 1996, are amended and two
    4  new subdivisions 3 and 4 are added to read as follows:
    5    1. Notwithstanding any contrary provision of law, rule, regulation  or
    6  code,  any county, city, town or village that owns both its public water
    7  system and the water supply for such system may  by  local  law  provide
    8  whether a fluoride compound shall [or shall not] be added to such public
    9  water supply.
   10    2.  Any  county, wherein a public authority owns both its public water
   11  system and the water supply for such system, may by  local  law  provide
   12  whether a fluoride compound shall [or shall not] be added to such public
   13  water supply.
   14    3.  NO  COUNTY,  CITY,  TOWN  OR VILLAGE, INCLUDING A COUNTY WHEREIN A
   15  PUBLIC AUTHORITY OWNS BOTH ITS PUBLIC WATER SYSTEM AND THE WATER  SUPPLY
   16  FOR  SUCH  SYSTEM,  THAT  FLUORIDATES  A PUBLIC WATER SUPPLY OR CAUSES A
   17  PUBLIC WATER SUPPLY TO BE FLUORIDATED, SHALL DISCONTINUE THE ADDITION OF
   18  A FLUORIDE COMPOUND TO SUCH PUBLIC WATER  SUPPLY  UNLESS  IT  HAS  FIRST
   19  COMPLIED WITH THE FOLLOWING REQUIREMENTS:
   20    (A)  ISSUE  A NOTICE TO THE PUBLIC OF THE PRELIMINARY DETERMINATION TO
   21  DISCONTINUE FLUORIDATION FOR COMMENT, WHICH SHALL INCLUDE THE JUSTIFICA-
   22  TION FOR  THE  PROPOSED  DISCONTINUANCE,  ALTERNATIVES  TO  FLUORIDATION
   23  AVAILABLE,  AND A SUMMARY OF CONSULTATIONS WITH HEALTH PROFESSIONALS AND
   24  THE DEPARTMENT CONCERNING THE PROPOSED DISCONTINUANCE.  SUCH NOTICE MAY,
   25  BUT IS  NOT  REQUIRED  TO,  INCLUDE  PUBLICATION  IN  LOCAL  NEWSPAPERS.
   26  "CONSULTATIONS  WITH HEALTH PROFESSIONALS" MAY INCLUDE FORMAL STUDIES BY
   27  HIRED PROFESSIONALS, INFORMAL CONSULTATIONS  WITH  LOCAL  PUBLIC  HEALTH
   28  OFFICIALS   OR  OTHER  HEALTH  PROFESSIONALS,  OR  OTHER  CONSULTATIONS,
   29  PROVIDED THAT THE NATURE OF SUCH CONSULTATIONS AND THE IDENTITY OF  SUCH
   30  PROFESSIONALS SHALL BE IDENTIFIED IN THE PUBLIC NOTICE. "ALTERNATIVES TO
   31  FLUORIDATION"  MAY  INCLUDE  FORMAL  ALTERNATIVES  PROVIDED BY OR AT THE
   32  EXPENSE OF THE COUNTY, CITY, TOWN  OR  VILLAGE,  OR  OTHER  ALTERNATIVES
   33  AVAILABLE  TO  THE  PUBLIC.  ANY PUBLIC COMMENTS RECEIVED IN RESPONSE TO
   34  SUCH NOTICE SHALL BE ADDRESSED BY THE COUNTY, CITY, TOWN OR  VILLAGE  IN
   35  THE ORDINARY COURSE OF BUSINESS; AND
   36    (B)  PROVIDE  THE DEPARTMENT AT LEAST NINETY DAYS PRIOR WRITTEN NOTICE
   37  OF THE INTENT TO DISCONTINUE AND SUBMIT A PLAN FOR  DISCONTINUANCE  THAT
   38  INCLUDES  BUT  IS NOT LIMITED TO THE NOTICE THAT WILL BE PROVIDED TO THE
   39  PUBLIC, CONSISTENT WITH PARAGRAPH (A) OF THIS SUBDIVISION, OF THE DETER-
   40  MINATION TO DISCONTINUE FLUORIDATION OF THE WATER SUPPLY, INCLUDING  THE
   41  DATE  OF  SUCH  DISCONTINUANCE AND ALTERNATIVES TO FLUORIDATION, IF ANY,
   42  THAT WILL BE MADE AVAILABLE IN THE COMMUNITY, AND THAT INCLUDES INFORMA-
   43  TION AS MAY BE REQUIRED UNDER THE SANITARY CODE.
   44    4. THE COMMISSIONER IS HEREBY AUTHORIZED, WITHIN AMOUNTS  APPROPRIATED
   45  THEREFOR, TO MAKE GRANTS TO COUNTIES, CITIES, TOWNS OR VILLAGES THAT OWN
   46  THEIR  PUBLIC WATER SYSTEM AND THE WATER SUPPLY FOR SUCH SYSTEM, INCLUD-
   47  ING A COUNTY WHEREIN A PUBLIC  AUTHORITY  OWNS  BOTH  ITS  PUBLIC  WATER
   48  SYSTEM  AND THE WATER SUPPLY FOR SUCH SYSTEM, FOR THE PURPOSE OF PROVID-
   49  ING ASSISTANCE TOWARDS THE COSTS  OF  INSTALLATION,  INCLUDING  BUT  NOT
   50  LIMITED  TO TECHNICAL AND ADMINISTRATIVE COSTS ASSOCIATED WITH PLANNING,
   51  DESIGN AND CONSTRUCTION,  AND  START-UP  OF  FLUORIDATION  SYSTEMS,  AND
   52  REPLACING,  REPAIRING  OR  UPGRADING  OF FLUORIDATION EQUIPMENT FOR SUCH
   53  PUBLIC WATER SYSTEMS. GRANT FUNDING SHALL NOT BE AVAILABLE  FOR  ASSIST-
   54  ANCE  TOWARDS  THE  COSTS  AND EXPENSES OF OPERATION OF THE FLUORIDATION
   55  SYSTEM, AS DETERMINED BY THE DEPARTMENT. THE  GRANT  APPLICATIONS  SHALL
       A. 6007                            76
    1  INCLUDE  SUCH INFORMATION AS REQUIRED BY THE COMMISSIONER. IN MAKING THE
    2  GRANT AWARDS, THE COMMISSIONER SHALL CONSIDER THE DEMONSTRATED NEED  FOR
    3  INSTALLATION  OF  NEW  FLUORIDATION EQUIPMENT OR REPLACING, REPAIRING OR
    4  UPGRADING OF EXISTING FLUORIDATION EQUIPMENT, AND SUCH OTHER CRITERIA AS
    5  DETERMINED BY THE COMMISSIONER.  GRANT AWARDS SHALL BE MADE ON A COMPET-
    6  ITIVE  BASIS  AND  BE SUBJECT TO SUCH CONDITIONS AS MAY BE DETERMINED BY
    7  THE COMMISSIONER.
    8    S 2. This act shall take effect immediately.
    9                                   PART N
   10    Section 1. Purpose. The purpose of this act is to  seek  public  input
   11  about  the  creation  of  an office of community living with the goal of
   12  providing improvements in service delivery and improved program outcomes
   13  that would result from the expansion  of  community  living  integration
   14  services for older adults and persons of all ages with disabilities.
   15    S 2. Office of community living feasibility study. (a) There is hereby
   16  created  an  advisory committee to conduct an office of community living
   17  feasibility study. Such committee shall consist of: the director of  the
   18  state  office  for  the  aging,  who  will also chair the committee; the
   19  commissioner of the department of health; the director of the office for
   20  people with developmental disabilities; the commissioner of the  depart-
   21  ment of housing and community renewal; the commissioner of the office of
   22  temporary  and disability assistance; the commissioner of the department
   23  of transportation; the commissioner of the office of mental health;  the
   24  commissioner  of  the office of alcoholism and substance abuse services;
   25  the director of the division of veterans'  affairs;  one  representative
   26  who  is an advocate for older adults; one representative who is an advo-
   27  cate for persons with mental illness; one representative who is an advo-
   28  cate for persons with a substance use disorder; and  one  representative
   29  who  is  an  advocate for persons with disabilities. The director of the
   30  office for the aging may also consult with any  other  agency  that  the
   31  director determines should be consulted.
   32    (b)  The  office  of community living feasibility study shall focus on
   33  several areas including, but not limited to: furthering the goals of the
   34  governor's Olmstead plan; strengthening the No Wrong  Door  approach  to
   35  accessing  information  and  services;  reinforcing  initiatives  of the
   36  Balancing Incentive Program; creating opportunities to  better  leverage
   37  resources; reviewing the available services across all agencies to iden-
   38  tify the adequacy of existing services to seniors, persons with disabil-
   39  ities, and persons with behavioral health disorders; investigating over-
   40  lap  between  agencies  and  gaps in available services; determining the
   41  efficacy of current programs and service  delivery  methods;  evaluating
   42  methods  for  service delivery improvements; analyzing the fiscal impact
   43  of creating such an office on services, individuals, and providers;  and
   44  exploring  what  impacts  such  an office might have on supporting older
   45  adults, persons with disabilities, and persons  with  behavioral  health
   46  disorders  currently  living in the community, or who could be living in
   47  the community. The advisory committee shall also examine recent  federal
   48  initiatives to create an administration on community living, and examine
   49  other  states'  efforts  to  expand services supporting community living
   50  integration and local and/or regional coordination  efforts  within  New
   51  York.
   52    (c)  In  order  to  ensure meaningful public input and comment for the
   53  office of community living feasibility study, there shall be a series of
   54  public meetings held across the state, organized to ensure  that  stake-
       A. 6007                            77
    1  holders  in  all  regions  of  the  state are afforded an opportunity to
    2  comment.
    3    S 3. Office of community living feasibility study report. The advisory
    4  committee  shall  submit to the governor, and to the temporary president
    5  of the senate and the speaker of the assembly a  preliminary  report  by
    6  September   30,   2015.  This  preliminary  report  shall  explain  data
    7  collection efforts, illustrate public comment  received  and  state  any
    8  preliminary findings. The advisory committee shall submit a final report
    9  to  the governor, the temporary president of the senate, and the speaker
   10  of the assembly by December 31, 2015 that outlines the results and find-
   11  ings associated with the aforementioned collection of data and solicita-
   12  tion of feedback.
   13    S 4. This act shall take effect immediately.
   14                                   PART O
   15    Section 1. Section 1 of part D of chapter 111  of  the  laws  of  2010
   16  relating to the recovery of exempt income by the office of mental health
   17  for  community residences and family-based treatment programs as amended
   18  by section 1 of part C of chapter 58 of the laws of 2014, is amended  to
   19  read as follows:
   20    Section  1. The office of mental health is authorized to recover fund-
   21  ing from  community  residences  and  family-based  treatment  providers
   22  licensed  by  the  office  of mental health, consistent with contractual
   23  obligations of such providers, and notwithstanding any other  inconsist-
   24  ent  provision  of law to the contrary, in an amount equal to 50 percent
   25  of the income received by such providers which exceeds the fixed  amount
   26  of  annual  Medicaid  revenue limitations, as established by the commis-
   27  sioner of mental health. Recovery of such excess income shall be for the
   28  following fiscal periods: for programs in counties  located  outside  of
   29  the  city of New York, the applicable fiscal periods shall be January 1,
   30  2003 through December 31, 2009 and January 1, 2011 through December  31,
   31  [2015]  2016;  and for programs located within the city of New York, the
   32  applicable fiscal periods shall be July 1, 2003 through  June  30,  2010
   33  and July 1, 2011 through June 30, [2015] 2016.
   34    S 2. This act shall take effect immediately.
   35                                   PART P
   36    Section  1.  Subparagraph 9 of paragraph h of subdivision 4 of section
   37  1950 of the education law, as added by section 1 of part M of chapter 56
   38  of the laws of 2012, is amended to read as follows:
   39    (9) To enter into contracts with the commissioner  of  the  office  of
   40  mental  health,  to  provide  special education and related services, in
   41  accordance with subdivision six-b of section thirty-two hundred  two  of
   42  this  chapter  to  patients  hospitalized  in  hospitals operated by the
   43  office of mental health who are between the ages of five and  twenty-one
   44  who  have not received a high school diploma. Any such proposed contract
   45  shall be subject to the review by the commissioner and his [and] OR  her
   46  determination  that  it  is an approved cooperative educational service.
   47  Services provided pursuant to such contracts shall be provided  at  cost
   48  and  approved by the commissioner of the office of mental health and the
   49  director of the division of the budget, and  the  board  of  cooperative
   50  educational  services  shall  not  be  authorized  to  charge  any costs
   51  incurred in providing such services to its component school districts.
       A. 6007                            78
    1    S 2. The commissioner of  mental  health,  in  consultation  with  the
    2  commissioner  of  education,  shall  submit  to the governor, and to the
    3  temporary president of the senate and the speaker  of  the  assembly,  a
    4  report and recommendations by December 15, 2015 and annually thereafter,
    5  on  the  number  of  children  hospitalized in hospitals operated by the
    6  officer of mental health who received educational services  from  school
    7  districts and boards of cooperative educational services pursuant to the
    8  provisions  of this act in the most recent school year and the projected
    9  number to be served in the subsequent school year, the services provided
   10  to these children, and the actual or projected cost  of  such  services.
   11  Such  report  shall  also  provide  detailed proposals regarding whether
   12  additional actions should be taken to ensure that children  hospitalized
   13  in hospitals operated by the office of mental health continue to receive
   14  education programming and services as required by state and federal law.
   15    S  3.  Section  4 of part M of chapter 56 of the laws of 2012 amending
   16  the education law, relating to authorizing contracts for  the  provision
   17  of special education and related services for certain patients hospital-
   18  ized in hospitals operated by the office of mental health, is amended to
   19  read as follows:
   20    S 4. This act shall take effect July 1, 2012 and shall expire June 30,
   21  [2015]  2018,  when  upon  such date the provisions of this act shall be
   22  deemed repealed.
   23    S 4. This act shall take effect immediately and  shall  be  deemed  to
   24  have been in full force and effect on and after April 1, 2015, provided,
   25  however,  that the amendments to subparagraph 9 of paragraph h of subdi-
   26  vision 4 of section 1950 of the education law made  by  section  one  of
   27  this  act  shall not affect the repeal of such subparagraph and shall be
   28  deemed repealed therewith.
   29                                   PART Q
   30                            Intentionally Omitted
   31                                   PART R
   32    Section 1. Section 3 of part A of chapter 111  of  the  laws  of  2010
   33  amending  the  mental hygiene law relating to the receipt of federal and
   34  state benefits received by  individuals  receiving  care  in  facilities
   35  operated by an office of the department of mental hygiene, as amended by
   36  section  1  of  part  B of chapter 58 of the laws of 2014, is amended to
   37  read as follows:
   38    S 3. This act shall take effect immediately; and shall expire  and  be
   39  deemed repealed June 30, [2015] 2018.
   40    S 2. This act shall take effect immediately.
   41                                   PART S
   42    Section 1. Section 366 of the social services law is amended by adding
   43  a new subdivision 7-a to read as follows:
   44    7-A.  A.  THE  COMMISSIONER OF HEALTH IN CONSULTATION WITH THE COMMIS-
   45  SIONER OF DEVELOPMENTAL DISABILITIES SHALL APPLY FOR A HOME AND COMMUNI-
   46  TY-BASED WAIVER, PURSUANT TO SUBDIVISION (C) OF SECTION NINETEEN HUNDRED
   47  FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT, IN ORDER TO PROVIDE HOME AND
   48  COMMUNITY-BASED SERVICES FOR A POPULATION OF PERSONS WITH  DEVELOPMENTAL
       A. 6007                            79
    1  DISABILITIES,  AS  SUCH  TERM  IS  DEFINED IN SECTION 1.03 OF THE MENTAL
    2  HYGIENE LAW.
    3    B. PERSONS ELIGIBLE FOR PARTICIPATION IN THE WAIVER PROGRAM SHALL:
    4    (I)  HAVE A DEVELOPMENTAL DISABILITY AS SUCH TERM IS DEFINED IN SUBDI-
    5  VISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE LAW;
    6    (II) MEET THE LEVEL OF CARE CRITERIA PROVIDED BY AN INTERMEDIATE  CARE
    7  FACILITY FOR THE DEVELOPMENTALLY DISABLED;
    8    (III) BE ELIGIBLE FOR MEDICAID;
    9    (IV)  LIVE  AT  HOME  OR IN AN INDIVIDUALIZED RESIDENTIAL ALTERNATIVE,
   10  COMMUNITY RESIDENCE OR FAMILY CARE HOME, CERTIFIED OR  APPROVED  BY  THE
   11  OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES;
   12    (V)  BE  CAPABLE  OF BEING CARED FOR IN THE COMMUNITY IF PROVIDED WITH
   13  SUCH SERVICES AS RESPITE, HOME ADAPTATION, OR OTHER HOME AND  COMMUNITY-
   14  BASED  SERVICES,  OTHER  THAN  ROOM AND BOARD, AS MAY BE APPROVED BY THE
   15  SECRETARY OF THE FEDERAL DEPARTMENT OF HEALTH  AND  HUMAN  SERVICES,  IN
   16  ADDITION  TO  OTHER SERVICES PROVIDED UNDER THIS TITLE, AS DETERMINED BY
   17  THE ASSESSMENT REQUIRED BY PARAGRAPH C OF THIS SUBDIVISION;
   18    (VI) HAVE A DEMONSTRATED NEED FOR  HOME  AND  COMMUNITY  BASED  WAIVER
   19  SERVICES; AND
   20    (VII)  MEET  SUCH  OTHER CRITERIA AS MAY BE ESTABLISHED BY THE COMMIS-
   21  SIONER OF HEALTH AND THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES,  AS
   22  MAY BE NECESSARY TO ADMINISTER THE PROVISIONS OF THIS SUBDIVISION.
   23    C.  THE  COMMISSIONER  OF  DEVELOPMENTAL DISABILITIES SHALL ASSESS THE
   24  ELIGIBILITY OF PERSONS ENROLLED, OR SEEKING TO  ENROLL,  IN  THE  WAIVER
   25  PROGRAM.  THE  ASSESSMENT  SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, AN
   26  EVALUATION OF THE HEALTH, PSYCHO-SOCIAL, DEVELOPMENTAL, HABILITATION AND
   27  ENVIRONMENTAL NEEDS OF THE PERSON AND SHALL SERVE AS THE BASIS  FOR  THE
   28  DEVELOPMENT AND PROVISION OF AN APPROPRIATE PERSON CENTERED PLAN OF CARE
   29  FOR SUCH PERSON.
   30    D.  THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES SHALL UNDER-
   31  TAKE OR ARRANGE FOR THE DEVELOPMENT OF A WRITTEN PERSON CENTERED PLAN OF
   32  CARE FOR EACH PERSON ENROLLED IN THE WAIVER. SUCH PERSON  CENTERED  PLAN
   33  OF  CARE SHALL DESCRIBE THE PROVISION OF HOME AND COMMUNITY BASED WAIVER
   34  SERVICES CONSISTENT WITH THE ASSESSMENT FOR EACH PERSON.
   35    E. THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES SHALL  REVIEW
   36  THE  PLAN  OF CARE AND AUTHORIZE THOSE HOME AND COMMUNITY BASED SERVICES
   37  TO BE INCLUDED IN THE PLAN OF CARE, TAKING  INTO  ACCOUNT  THE  PERSON'S
   38  ASSESSED NEEDS, VALUED OUTCOMES AND AVAILABLE RESOURCES.
   39    F.  THE  COMMISSIONERS  OF DEVELOPMENTAL DISABILITIES AND HEALTH SHALL
   40  DETERMINE QUALITY STANDARDS FOR ORGANIZATIONS PROVIDING  SERVICES  UNDER
   41  SUCH  WAIVER  AND SHALL AUTHORIZE ORGANIZATIONS THAT MEET SUCH STANDARDS
   42  TO PROVIDE SUCH SERVICES.
   43    G. THE  COMMISSIONER  OF  DEVELOPMENTAL  DISABILITIES  OR  HEALTH  MAY
   44  PROMULGATE   RULES  AND  REGULATIONS  AS  NECESSARY  TO  EFFECTUATE  THE
   45  PROVISIONS OF THIS SECTION.
   46    H. THIS SUBDIVISION SHALL BE EFFECTIVE ONLY IF, AND AS LONG AS, FEDER-
   47  AL FINANCIAL PARTICIPATION IS AVAILABLE FOR EXPENDITURES INCURRED  UNDER
   48  THIS SUBDIVISION.
   49    S  1-a.  Subparagraph  (v)  of paragraph a of subdivision 1 of section
   50  6908 of the education law, as amended by section 1 of part A of  chapter
   51  58 of the laws of 2014, is amended to read as follows:
   52    (v)  tasks provided by a direct support staff in programs certified or
   53  approved by the office for people with  developmental  disabilities  AND
   54  HOLDING  AN OPERATING CERTIFICATE PURSUANT TO PARAGRAPH 4 OF SUBDIVISION
   55  (A) OF SECTION 16.03 OF THE MENTAL HYGIENE LAW, when performed under the
   56  supervision of a registered professional nurse and pursuant to  a  memo-
       A. 6007                            80
    1  randum of understanding between the office for people with developmental
    2  disabilities  and  the department, in accordance with and pursuant to an
    3  authorized practitioner's ordered care, provided that: (1) a  registered
    4  professional  nurse  determines,  in  his  or her professional judgment,
    5  which tasks are to be performed based upon the complexity of the  tasks,
    6  the  skill  and  experience  of the direct support staff, and the health
    7  status of the individual being cared for;  (2)  only  a  direct  support
    8  staff  who has completed training as required by the commissioner of the
    9  office for people with  developmental  disabilities  may  perform  tasks
   10  pursuant to this subparagraph; (3) appropriate protocols shall be estab-
   11  lished  to  ensure  safe  administration  of  medications;  (4) a direct
   12  support staff shall not assess the medication needs  of  an  individual;
   13  (5)  adequate  nursing  supervision  is provided, including training and
   14  periodic inspection of performance of the tasks.  The amount and type of
   15  nursing supervision shall be determined by the  registered  professional
   16  nurse responsible for supervising such task based upon the complexity of
   17  the tasks, the skill and experience of the direct support staff, and the
   18  health  status  of  the individual being cared for; (6) a direct support
   19  staff shall not be authorized to perform any tasks or activities  pursu-
   20  ant  to  this  subparagraph  that are outside the scope of practice of a
   21  licensed practical nurse; (7) a direct support staff shall not represent
   22  himself or herself, or accept employment, as a person licensed to  prac-
   23  tice  nursing  under  the provisions of this article; (8) direct support
   24  staff providing medication administration,  tube  feeding,  or  diabetic
   25  care shall be separately certified, and shall be recertified on an annu-
   26  al  basis; (9) the registered professional nurse shall ensure that there
   27  is a consumer specific medication sheet  for  each  medication  that  is
   28  administered;  and  (10) appropriate staffing ratios shall be determined
   29  by the office for people with developmental disabilities and the depart-
   30  ment to ensure adequate nursing supervision.  No  direct  support  staff
   31  shall  perform tasks under this subparagraph until the office for people
   32  with developmental disabilities and the department have entered  into  a
   33  memorandum of understanding to effectuate the provisions of this subpar-
   34  agraph.  The  office  for  people  with developmental disabilities shall
   35  complete a criminal background check pursuant to section  16.33  of  the
   36  mental  hygiene  law  and an agency background check pursuant to section
   37  16.34 of the mental hygiene law on the direct support staff prior to the
   38  commencement of any provision of service provided  under  this  subpara-
   39  graph if such direct support staff is a new hire.  Individuals providing
   40  supervision  or direct support tasks pursuant to this subparagraph shall
   41  have protection pursuant to  sections  seven  hundred  forty  and  seven
   42  hundred forty-one of the labor law, where applicable;
   43    S  2.  Paragraph  (a)  of  subdivision  4 of section 488 of the social
   44  services law, as added by section 1 of part B of chapter 501 of the laws
   45  of 2012, is amended to read as follows:
   46    (a) a facility or program in which services are provided and which  is
   47  operated,  licensed  or  certified  by  the office of mental health, the
   48  office for people with developmental disabilities or the office of alco-
   49  holism and substance  abuse  services,  including  but  not  limited  to
   50  psychiatric  centers, inpatient psychiatric units of a general hospital,
   51  developmental centers, intermediate  care  facilities,  community  resi-
   52  dences,  group homes and family care homes, provided, however, that such
   53  term shall not include a secure treatment facility as defined in section
   54  10.03 of the mental hygiene law, SERVICES DEFINED IN  SUBPARAGRAPH  FOUR
   55  OF  SUBDIVISION  (A)  OF  SECTION  16.03  OF  THE MENTAL HYGIENE LAW, or
   56  services provided in programs or facilities that  are  operated  by  the
       A. 6007                            81
    1  office  of  mental  health  and located in state correctional facilities
    2  under the jurisdiction of the department of  corrections  and  community
    3  supervision;
    4    S  3.  Subdivision  2 of section 550 of the executive law, as added by
    5  section 3 of part A of chapter 501 of the laws of 2012,  is  amended  to
    6  read as follows:
    7    2.  "Mental  hygiene  facility"  shall  mean  a facility as defined in
    8  subdivision six of section 1.03 of the mental hygiene law and facilities
    9  for the operation of which an operating certificate is required pursuant
   10  to article sixteen or thirty-one of the mental hygiene law and including
   11  family care homes. "Mental hygiene facility" also means a secure  treat-
   12  ment facility as defined by article ten of the mental hygiene law.  THIS
   13  TERM SHALL NOT INCLUDE SERVICES DEFINED IN PARAGRAPH FOUR OF SUBDIVISION
   14  (A) OF SECTION 16.03 OF THE MENTAL HYGIENE LAW.
   15    S 4. Subdivisions 3, 4, 5 and 22 of section 1.03 of the mental hygiene
   16  law, subdivision 3 as amended by chapter 223 of the laws of 1992, subdi-
   17  vision  4  as added by chapter 978 of the laws of 1977, subdivision 5 as
   18  amended by chapter 75 of the laws of 2006, and subdivision 22 as amended
   19  by chapter 255 of the laws of 2002, are amended to read as follows:
   20    3. "Mental disability"  means  mental  illness,  [mental  retardation]
   21  INTELLECTUAL DISABILITY, developmental disability, alcoholism, substance
   22  dependence,  or  chemical dependence. [A mentally disabled person is one
   23  who has a mental disability.]
   24    4. "Services for [the mentally disabled] PERSONS WITH A  MENTAL  DISA-
   25  BILITY"  means  examination, diagnosis, care, treatment, rehabilitation,
   26  SUPPORTS, HABILITATION or training of the mentally disabled.
   27    5. "Provider of services" means  an  individual,  association,  corpo-
   28  ration,  partnership,  limited  liability  company, or public or private
   29  agency, other than an agency or department of the state, which  provides
   30  services  for  [the mentally disabled] PERSONS WITH A MENTAL DISABILITY.
   31  It shall not include any part of a hospital as defined in article  twen-
   32  ty-eight  of  the  public health law which is not being operated for the
   33  purpose of providing services for the mentally disabled. No provider  of
   34  services shall be subject to the regulation or control of the department
   35  or  one  of its offices except as such regulation or control is provided
   36  for by other provisions of this chapter.
   37    22. "Developmental disability" means a disability of a person which:
   38    (a) (1) is attributable to [mental retardation] INTELLECTUAL DISABILI-
   39  TY, cerebral palsy, epilepsy, neurological impairment, familial dysauto-
   40  nomia or autism;
   41    (2) is attributable to any other condition of a  person  found  to  be
   42  closely  related to [mental retardation] INTELLECTUAL DISABILITY because
   43  such condition results in similar  impairment  of  general  intellectual
   44  functioning  or  adaptive behavior to that of [mentally retarded] INTEL-
   45  LECTUALLY DISABLED persons or requires treatment and services similar to
   46  those required for such person; or
   47    (3) is attributable to dyslexia resulting from a disability  described
   48  in subparagraph [(1)] ONE or [(2)] TWO of this paragraph;
   49    (b) originates before such person attains age twenty-two;
   50    (c) has continued or can be expected to continue indefinitely; and
   51    (d)  constitutes  a  substantial  handicap to such person's ability to
   52  function normally in society.
   53    S 5. Intentionally omitted.
   54    S 6. Subdivision (a) of section 16.03 of the  mental  hygiene  law  is
   55  amended by adding a new paragraph 4 to read as follows:
       A. 6007                            82
    1    (4)  THE PROVISION OF HOME AND COMMUNITY BASED SERVICES APPROVED UNDER
    2  A WAIVER PROGRAM AUTHORIZED PURSUANT TO SUBDIVISION (C) OF SECTION NINE-
    3  TEEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT AND SUBDIVISIONS
    4  SEVEN AND SEVEN-A OF SECTION  THREE  HUNDRED  SIXTY-SIX  OF  THE  SOCIAL
    5  SERVICES LAW.
    6    S  7.  Section  16.03 of the mental hygiene law is amended by adding a
    7  new subdivision (f) to read as follows:
    8    (F) ANY PROVIDER OF  SERVICES  THAT  HOLDS  AN  OPERATING  CERTIFICATE
    9  PURSUANT  TO  PARAGRAPH  FOUR OF SUBDIVISION (A) OF SECTION 16.03 OF THE
   10  MENTAL HYGIENE LAW, SHALL BE AUTHORIZED TO EMPLOY  PERSONS  LICENSED  TO
   11  PRACTICE  NURSING  PURSUANT  TO  ARTICLE  ONE HUNDRED THIRTY-NINE OF THE
   12  EDUCATION LAW AND EXEMPT INDIVIDUALS AUTHORIZED TO PERFORM TASKS  PURSU-
   13  ANT  TO  SUBPARAGRAPH  (V)  OF PARAGRAPH A OF SUBDIVISION ONE OF SECTION
   14  SIXTY-NINE HUNDRED EIGHT OF THE EDUCATION LAW.
   15    S 8. Subdivision (a), paragraphs 2, 3, and 6 of subdivision (c), para-
   16  graphs 1 and 4 of subdivision (d), subdivision (e), and subdivision  (i)
   17  of  section 16.05 of the mental hygiene law, subdivision (a), paragraphs
   18  2, 3, and 6 of subdivision (c), paragraphs 1 and 4  of  subdivision  (d)
   19  and  subdivision  (e) as added by chapter 786 of the laws of 1983, para-
   20  graph 6 of subdivision (c) and paragraph 4 of subdivision (d) as  renum-
   21  bered by chapter 618 of the laws of 1990, and subdivision (i) as amended
   22  by chapter 37 of the laws of 2011, are amended to read as follows:
   23    (a)(1)  Application  for  an  operating certificate shall be made upon
   24  forms prescribed by the commissioner.
   25    (2) Application shall be made by the person or entity responsible  for
   26  operation  of the facility OR PROVIDER OF SERVICES AS DESCRIBED IN PARA-
   27  GRAPH FOUR OF SUBDIVISION A OF SECTION 16.03 OF THIS ARTICLE.   Applica-
   28  tions  shall  be  in  writing,  shall be verified and shall contain such
   29  information as required by the commissioner.
   30    (2) The character, competence and standing in  the  community  of  the
   31  person  or  entity  responsible  for operating the facility OR PROVIDING
   32  SERVICES;
   33    (3) The financial resources of the proposed facility  OR  PROVIDER  OF
   34  SERVICES and its sources of future revenues;
   35    (6) In the case of residential facilities, that arrangements have been
   36  made  with  other  providers  of  services  for the provision of health,
   37  habilitation, day treatment, education, sheltered workshop,  transporta-
   38  tion  or  other  services  as  may  be  necessary  to  meet the needs of
   39  [clients] INDIVIDUALS who will reside in the facility; and
   40    (1) the financial resources of the proposed facility  OR  PROVIDER  OF
   41  SERVICES and its sources of future revenues;
   42    (4) in the case of residential facilities, that arrangements have been
   43  made  with  other  providers  of  services  for the provision of health,
   44  habilitation, day treatment, education, sheltered workshop,  transporta-
   45  tion  or  other  services  as  may  be  necessary  to  meet the needs of
   46  [clients] INDIVIDUALS who will reside in the facility; and
   47    (e) The commissioner may disapprove an application  for  an  operating
   48  certificate,  may  authorize  fewer  services  than applied for, and may
   49  place limitations or conditions on the operating certificate  including,
   50  but  not limited to compliance with a time limited plan of correction of
   51  any deficiency which does not threaten the health or well-being  of  any
   52  [client]  INDIVIDUALS.    In  such cases the applicant shall be given an
   53  opportunity to be heard, at a public hearing if requested by the  appli-
   54  cant.
   55    (i)  In  the  event  that the holder of an operating certificate for a
   56  residential facility issued by the commissioner pursuant to this article
       A. 6007                            83
    1  wishes to cease the operation or conduct of any of  the  activities,  as
    2  defined  in paragraph one OR FOUR of subdivision (a) of section 16.03 of
    3  this article, for which such certificate has been  issued  or  to  cease
    4  operation  of  any  one or more of facilities for which such certificate
    5  has been issued; wishes to transfer ownership, possession  or  operation
    6  of  the  premises  and  facilities  upon which such activities are being
    7  conducted or to transfer ownership, possession or operation of  any  one
    8  or  more  of  the  premises or facilities for which such certificate has
    9  been issued; or elects not to apply to the commissioner for  re-certifi-
   10  cation  upon  the  expiration of any current period of certification, it
   11  shall be the duty of such certificate holder to give to the commissioner
   12  written notice of such intention not less than sixty days prior  to  the
   13  intended effective date of such transaction. Such notice shall set forth
   14  a  detailed plan which makes provision for the safe and orderly transfer
   15  of each person with a developmental disability served  by  such  certif-
   16  icate  holder  pursuant  to  such certificate into a program of services
   17  appropriate to such person's on-going needs and/or  for  the  continuous
   18  provision of a lawfully operated program of such activities and services
   19  at the premises and facilities to be conveyed by the certificate holder.
   20  Such  certificate holder shall not cease to provide any such services to
   21  any such person with a developmental disability under any of the circum-
   22  stances described in this section until the  notice  and  plan  required
   23  hereby  are received, reviewed and approved by the commissioner. For the
   24  purposes of this paragraph, the requirement of prior notice and  contin-
   25  uous  provision of programs and services by the certificate holder shall
   26  not apply to those situations  and  changes  in  circumstances  directly
   27  affecting  the certificate holder that are not reasonably foreseeable at
   28  the time of occurrence, including, but not limited to,  death  or  other
   29  sudden  incapacitating  disability or infirmity. Written notice shall be
   30  given to the commissioner as soon as reasonably possible  thereafter  in
   31  the manner set forth within this subdivision.
   32    S  8-a.  Subdivision (c) of section 16.05 of the mental hygiene law is
   33  amended by adding a new paragraph 6-a to read as follows:
   34    (6-A) IN THE CASE OF A PROVIDER OF SERVICES SEEKING TO PROVIDE NURSING
   35  TASKS BY NON-LICENSED PERSONS AUTHORIZED TO PROVIDE SUCH TASKS  PURSUANT
   36  TO  SUBPARAGRAPH (V) OF PARAGRAPH A OF SUBDIVISION ONE OF SECTION SIXTY-
   37  NINE HUNDRED EIGHT OF THE EDUCATION LAW, SUCH PROVIDER SHALL AFFIRM THAT
   38  IT WILL PROVIDE SERVICES AND TASKS IN A SAFE AND  COMPETENT  MANNER  AND
   39  WILL  FULLY  COMPLY  WITH  THE REQUIREMENTS OF SUCH SUBPARAGRAPH AND ANY
   40  MEMORANDUM OF UNDERSTANDING BETWEEN THE OFFICE FOR PEOPLE WITH  DEVELOP-
   41  MENTAL  DISABILITIES AND THE STATE EDUCATION DEPARTMENT PURSUANT TO SUCH
   42  SUBPARAGRAPH. NO OPERATING CERTIFICATE SUBJECT TO THIS  PARAGRAPH  SHALL
   43  BE GRANTED WITHOUT SUCH AFFIRMATION.
   44    S  9.  Paragraph  1  of subdivision (a) of section 16.09 of the mental
   45  hygiene law, as added by chapter 786 of the laws of 1983, is amended  to
   46  read as follows:
   47    (1) "Facility"  is limited to a facility in which services are offered
   48  for which an operating certificate is required by this article. For  the
   49  purposes  of  this  section facility shall include family care homes BUT
   50  SHALL NOT INCLUDE THE PROVISION OF SERVICES,  AS  DEFINED  IN  PARAGRAPH
   51  FOUR  OF  SUBDIVISION (A) OF SECTION 16.03 OF THIS ARTICLE, OUTSIDE OF A
   52  FACILITY.
   53    S 10. The section heading and subdivision (a) of section 16.11 of  the
   54  mental  hygiene  law are REPEALED and a new section heading and subdivi-
   55  sion (a) are added to read as follows:
       A. 6007                            84
    1    OVERSIGHT OF FACILITIES AND SERVICES.    (A)  THE  COMMISSIONER  SHALL
    2  PROVIDE  FOR THE OVERSIGHT OF FACILITIES AND PROVIDERS OF SERVICES HOLD-
    3  ING OPERATING CERTIFICATES PURSUANT TO SECTION 16.03 OF THIS ARTICLE AND
    4  SHALL PROVIDE FOR THE REVIEW OF SUCH FACILITIES AND PROVIDERS IN  IMPLE-
    5  MENTING THE REQUIREMENTS OF THE OFFICE AND IN PROVIDING QUALITY CARE AND
    6  PERSON CENTERED AND COMMUNITY BASED SERVICES.
    7    (1)  THE REVIEW OF FACILITIES ISSUED AN OPERATING CERTIFICATE PURSUANT
    8  TO THIS ARTICLE SHALL INCLUDE PERIODIC VISITATION  AND  REVIEW  OF  EACH
    9  FACILITY.  REVIEWS  SHALL  BE MADE AS FREQUENTLY AS THE COMMISSIONER MAY
   10  DEEM NECESSARY BUT IN ANY EVENT SUCH INSPECTIONS SHALL  BE  MADE  ON  AT
   11  LEAST  TWO  OCCASIONS  DURING  EACH CALENDAR YEAR WHICH SHALL BE WITHOUT
   12  PRIOR NOTICE, PROVIDED, HOWEVER, THAT WHERE, IN THE  DISCRETION  OF  THE
   13  COMMISSIONER, AN OPERATING CERTIFICATE HAS BEEN ISSUED TO A PROGRAM WITH
   14  A  HISTORY  OF  COMPLIANCE  AND  A RECORD OF PROVIDING A HIGH QUALITY OF
   15  CARE, THE PERIODIC INSPECTION AND VISITATION REQUIRED BY  THIS  SUBDIVI-
   16  SION SHALL BE MADE AT LEAST ONCE DURING EACH CALENDAR YEAR PROVIDED SUCH
   17  VISIT  SHALL BE WITHOUT PRIOR NOTICE. AREAS OF REVIEW SHALL INCLUDE, BUT
   18  NOT BE LIMITED TO, A REVIEW OF A FACILITY'S: PHYSICAL PLANT, FIRE SAFETY
   19  PROCEDURES,  HEALTH  CARE,  PROTECTIVE  OVERSIGHT,  ABUSE  AND   NEGLECT
   20  PREVENTION, AND REPORTING PROCEDURES.
   21    (2)  THE REVIEW OF PROVIDERS OF SERVICES, AS DEFINED IN PARAGRAPH FOUR
   22  OF SUBDIVISION (A) OF SECTION 16.03 OF THIS ARTICLE, SHALL  ENSURE  THAT
   23  THE  PROVIDER  OF  SERVICES  COMPLIES  WITH  ALL THE REQUIREMENTS OF THE
   24  APPLICABLE FEDERAL HOME AND COMMUNITY BASED SERVICES WAIVER PROGRAM  AND
   25  APPLICABLE FEDERAL REGULATION, SUBDIVISIONS SEVEN AND SEVEN-A OF SECTION
   26  THREE  HUNDRED  SIXTY-SIX OF THE SOCIAL SERVICES LAW AND RULES AND REGU-
   27  LATIONS ADOPTED BY THE COMMISSIONER. PERIODIC REVIEW OF  SUCH  PROVIDERS
   28  OF  SERVICES  SHALL  BE  MADE AS FREQUENTLY AS THE COMMISSIONER MAY DEEM
   29  NECESSARY BUT IN ANY EVENT SUCH REVIEWS SHALL BE MADE ON  AT  LEAST  TWO
   30  OCCASIONS  DURING  EACH CALENDAR YEAR, PROVIDED, HOWEVER, THAT WHERE, IN
   31  THE DISCRETION OF THE COMMISSIONER, AN OPERATING  CERTIFICATE  HAS  BEEN
   32  ISSUED  TO  A  PROVIDER  OF  SERVICE  WITH A HISTORY OF COMPLIANCE AND A
   33  RECORD OF PROVIDING A HIGH QUALITY OF CARE, THE PERIODIC REVIEW REQUIRED
   34  BY THIS SUBDIVISION SHALL BE MADE AT LEAST  ONCE  DURING  EACH  CALENDAR
   35  YEAR.
   36    S  11.  Subdivisions  (b),  (c),  (d), and (e) of section 16.11 of the
   37  mental hygiene law, subdivision (b) as amended by chapter 37 of the laws
   38  of 2011, and subdivisions (c), (d) and (e) as added by  chapter  786  of
   39  the laws of 1983, are amended to read as follows:
   40    (b)  The  commissioner  shall have the power to conduct investigations
   41  into the operations of any PROVIDER OF SERVICES, person or entity  which
   42  holds  an operating certificate issued by the office, into the operation
   43  of any facility, SERVICES or program issued an operating certificate  by
   44  the office and into the operations, related to the provision of services
   45  regulated by this chapter, of any person or entity providing a residence
   46  for one or more unrelated persons with developmental disabilities.
   47    (c)  In  conducting  [an  inspection]  A  REVIEW or investigation, the
   48  commissioner or his OR HER  authorized  representative  shall  have  the
   49  power  to  [inspect]  REVIEW  facilities, conduct interviews of clients,
   50  interview personnel, examine and copy all records,  including  financial
   51  and  medical records of the facility OR PROVIDER OF SERVICES, and obtain
   52  such other information as may be required in order to carry out  his  OR
   53  HER responsibilities under this chapter.
   54    (d)  In conducting any [inspection] REVIEW or investigation under this
   55  chapter, the commissioner or his OR  HER  authorized  representative  is
   56  empowered  to  subpoena  witnesses,  compel their attendance, administer
       A. 6007                            85
    1  oaths to witnesses,  examine  witnesses  under  oath,  and  require  the
    2  production  of any books or papers deemed relevant to the investigation,
    3  [inspection] REVIEW, or hearing. A subpoena issued  under  this  section
    4  shall be regulated by the civil practice law and rules.
    5    (e)  The  supreme  court  may  enjoin  persons  or entities subject to
    6  [inspection] REVIEW or investigation pursuant to this article to cooper-
    7  ate with the commissioner  and  to  allow  the  commissioner  access  to
    8  PROVIDERS  OF  SERVICES,  facilities,  records, clients and personnel as
    9  necessary to enable the commissioner to conduct the [inspection]  REVIEW
   10  or investigation.
   11    S 12. Section 16.17 of the mental hygiene law, as added by chapter 786
   12  of  the laws of 1983, subdivision (a), subparagraph b of paragraph 1 and
   13  paragraph 2 of subdivision (b) as amended and subparagraph  d  of  para-
   14  graph  1  of subdivision (b) as relettered by chapter 169 of the laws of
   15  1992, subdivision (b) as amended by chapter 856 of the laws of 1985, the
   16  opening paragraph and subparagraph c of paragraph 1 of  subdivision  (b)
   17  as  amended  by  chapter 37 of the laws of 2011, subparagraph d of para-
   18  graph 1 of subdivision (b) as added by chapter 618 of the laws of  1990,
   19  paragraph  4 of subdivision (b) as amended by chapter 168 of the laws of
   20  2010, paragraph 1 of subdivision (f) as amended by chapter  601  of  the
   21  laws  of  2007,  subdivision (g) as amended by chapter 24 of the laws of
   22  2007, and subdivision (h) as amended by chapter 306 of the laws of 1995,
   23  is amended to read as follows:
   24  S 16.17 Suspension, revocation, or limitation of  an  operating  certif-
   25            icate.
   26    (a)  The  commissioner  may  revoke,  suspend,  or  limit an operating
   27  certificate or impose the penalties described in subparagraph a, b, c or
   28  d of paragraph one of subdivision (b) or  in  subdivision  (g)  of  this
   29  section  upon  a  determination  that  the holder of the certificate has
   30  failed to comply with the terms of its operating certificate or with the
   31  provisions of any applicable statute, rule or regulation. The holder  of
   32  the  certificate  shall  be  given notice and an opportunity to be heard
   33  prior to any such determination except that no such notice and  opportu-
   34  nity  to be heard shall be necessary prior to an emergency suspension or
   35  limitation of the facility's OR PROVIDER OF SERVICES' operating  certif-
   36  icate  imposed  pursuant  to  paragraph  one  of subdivision (b) of this
   37  section, nor shall such notice and opportunity to be heard be  necessary
   38  should the commissioner, in his OR HER discretion, decide to issue sepa-
   39  rate  operating  certificates  to  each facility OR PROVIDER OF SERVICES
   40  formerly included under the services authorized by one operating certif-
   41  icate to the provider of services.
   42    (b) (1) An operating  certificate  may  be  temporarily  suspended  or
   43  limited without a prior hearing for a period not in excess of sixty days
   44  upon  written notice to the facility OR PROVIDER OF SERVICES following a
   45  finding by the office for people with developmental disabilities that  a
   46  [client's]  INDIVIDUAL'S  health  or  safety is in imminent danger. Upon
   47  such finding and notice, the power of the  commissioner  temporarily  to
   48  suspend  or  limit an operating certificate shall include, but shall not
   49  be limited to, the power to:
   50    a. Prohibit or limit the placement of new [clients] INDIVIDUALS in the
   51  facility OR SERVICES;
   52    b. Remove or cause to be removed some or all of the [clients] INDIVID-
   53  UALS in the facility OR SERVICES;
   54    c. Suspend or limit or cause to be suspended or limited the payment of
   55  any governmental funds to the facility OR PROVIDER OF SERVICES  provided
   56  that  such action shall not in any way jeopardize the health, safety and
       A. 6007                            86
    1  welfare of any person with a developmental disability in such program or
    2  facility OR SERVICES;
    3    d.  Prohibit  or  limit  the  placement  of new [clients] INDIVIDUALS,
    4  remove or cause to be removed some  or  all  [clients]  INDIVIDUALS,  or
    5  suspend  or limit or cause to be suspended or limited the payment of any
    6  governmental funds, in or to any  one  or  more  of  the  facilities  OR
    7  PROVIDER  OF  SERVICES  authorized  pursuant to an operating certificate
    8  [issued to a provider of services].
    9    (2) At any time subsequent to the  suspension  or  limitation  of  any
   10  operating  certificate  pursuant  to  paragraph  one of this subdivision
   11  where said suspension or limitation is the result of  correctable  phys-
   12  ical  plant,  staffing or program deficiencies, the facility OR PROVIDER
   13  OF SERVICES may request the office to [reinspect] REVIEW the facility OR
   14  PROVIDER OF SERVICES to redetermine whether a physical  plant,  staffing
   15  or  program  deficiency  continues to exist. After the receipt of such a
   16  request, the office shall [reinspect] REVIEW the facility OR PROVIDER OF
   17  SERVICES within ten days and in the  event  that  the  previously  found
   18  physical  plant,  staffing or program deficiency has been corrected, the
   19  suspension or limitation shall be  withdrawn.  If  the  physical  plant,
   20  staffing  or program deficiency has not been corrected, the commissioner
   21  shall not thereafter be required to [reinspect] REVIEW the  facility  OR
   22  PROVIDER  OF SERVICES during the emergency period of suspension or limi-
   23  tation.
   24    (3) During the sixty day suspension or limitation period provided  for
   25  in  paragraph  one  of this subdivision the commissioner shall determine
   26  whether to reinstate or remove the  limitations  on  the  facility's  OR
   27  PROVIDER  OF  SERVICES'  operating  certificate or to revoke, suspend or
   28  limit the operating certificate pursuant  to  subdivision  (a)  of  this
   29  section.  Should the commissioner choose to revoke, suspend or limit the
   30  operating certificate,  then  the  emergency  suspension  or  limitation
   31  provided  for  in  this  subdivision  shall remain in effect pending the
   32  outcome of an administrative hearing on the  revocation,  suspension  or
   33  limitation.
   34    (4)  The facility operator OR PROVIDER OF SERVICES, within ten days of
   35  the date when the emergency suspension or limitation pursuant  to  para-
   36  graph one of this subdivision is first imposed, may request an evidenti-
   37  ary hearing to contest the validity of the emergency suspension or limi-
   38  tation.  Such  an  evidentiary hearing shall commence within ten days of
   39  the facility operator's OR PROVIDER'S request  and  no  request  for  an
   40  adjournment  shall  be  granted  without the concurrence of the facility
   41  operator OR PROVIDER OF SERVICES, office for people  with  developmental
   42  disabilities,  and the hearing officer. The evidentiary hearing shall be
   43  limited to those violations of federal and  state  law  and  regulations
   44  that  existed  at the time of the emergency suspension or limitation and
   45  which gave rise to the emergency suspension or limitation. The emergency
   46  suspension or limitation shall be upheld upon a determination  that  the
   47  office  for  people with developmental disabilities had reasonable cause
   48  to believe that a [client's] INDIVIDUAL'S health or safety was in  immi-
   49  nent  danger.  A  record  of such hearing shall be made available to the
   50  facility operator OR PROVIDER  OF  SERVICES  upon  request.  Should  the
   51  commissioner  determine  to revoke, suspend or limit [the facility's] AN
   52  operating certificate pursuant to subdivision (a) of  this  section,  no
   53  administrative  hearing  on  that  action  shall  commence  prior to the
   54  conclusion of the evidentiary hearing. The commissioner  shall  issue  a
   55  ruling  within  ten  days  after  the  receipt  of the hearing officer's
   56  report.
       A. 6007                            87
    1    (c) When the holder of  an  operating  certificate  shall  request  an
    2  opportunity to be heard, the commissioner shall fix a time and place for
    3  the hearing. A copy of the charges, together with the notice of the time
    4  and  place of the hearing, shall be served in person or mailed by regis-
    5  tered or certified mail to the facility OR PROVIDER OF SERVICES at least
    6  ten days before the date fixed for the hearing. The facility OR PROVIDER
    7  OF  SERVICES  shall file with the office, not less than three days prior
    8  to the hearing, a written answer to the charges.
    9    (d) (1) When a hearing must be afforded pursuant to  this  section  or
   10  other  provisions  of  this article, the commissioner, acting as hearing
   11  officer, or any person designated by him  OR  HER  as  hearing  officer,
   12  shall have power to:
   13    a. administer oaths and affirmations;
   14    b. issue subpoenas, which shall be regulated by the civil practice law
   15  and rules;
   16    c. take testimony; or
   17    d. control the conduct of the hearing.
   18    (2)  The  rules  of  evidence  observed by courts need not be observed
   19  except that the rules of privilege recognized by law shall be respected.
   20  Irrelevant or unduly repetitious evidence may be excluded.
   21    (3) All parties shall have the right of counsel  and  be  afforded  an
   22  opportunity to present evidence and cross-examine witnesses.
   23    (4)  If evidence at the hearing relates to the identity, condition, or
   24  clinical record of [a client] AN INDIVIDUAL,  the  hearing  officer  may
   25  exclude  all  persons  from  the  room except parties to the proceeding,
   26  their counsel and the witness. The record of such proceeding  shall  not
   27  be  available  to  anyone  outside the office, other than a party to the
   28  proceeding or his counsel, except by order of a court of record.
   29    (5) The commissioner may establish regulations to govern  the  hearing
   30  procedure and the process of determination of the proceeding.
   31    (6)  The  commissioner  shall issue a ruling within ten days after the
   32  termination of the hearing or, if a hearing officer has been designated,
   33  within ten days from the hearing officer's report.
   34    (e) All orders or determinations hereunder shall be subject to  review
   35  as  provided  in  article  seventy-eight  of  the civil practice law and
   36  rules.
   37    (f) (1) Except as provided  in  paragraph  two  of  this  subdivision,
   38  anything  contained  in this section to the contrary notwithstanding, an
   39  operating certificate of a facility OR PROVIDER  OF  SERVICES  shall  be
   40  revoked  upon  a  finding by the office that any individual, member of a
   41  partnership or shareholder of a corporation to whom or to which an oper-
   42  ating certificate has been issued, has been convicted of a class A, B or
   43  C felony or a felony related in any  way  to  any  activity  or  program
   44  subject to the regulations, supervision, or administration of the office
   45  or  of the office of temporary and disability assistance, the department
   46  of health, or another office of the department of mental hygiene, or  in
   47  violation  of  the public officers law in a court of competent jurisdic-
   48  tion of the state, or in a court in  another  jurisdiction  for  an  act
   49  which would have been a class A, B or C felony in this state or a felony
   50  in  any way related to any activity or program which would be subject to
   51  the regulations, supervision, or administration of the office or of  the
   52  office of temporary and disability assistance, the department of health,
   53  or  another  office  of  the department of mental hygiene, or for an act
   54  which would be in violation of the public officers law. The commissioner
   55  shall not revoke or limit the operating certificate of any  facility  OR
   56  PROVIDER  OF  SERVICES, solely because of the conviction, whether in the
       A. 6007                            88
    1  courts of this state or in the courts of another jurisdiction, more than
    2  ten years prior to the effective date of such revocation or  limitation,
    3  of any person of a felony, or what would amount to a felony if committed
    4  within  the  state,  unless  the commissioner makes a determination that
    5  such conviction was related to an activity or  program  subject  to  the
    6  regulations,  supervision,  and  administration  of the office or of the
    7  office of temporary and disability assistance, the department of health,
    8  or another office of the department of mental hygiene, or  in  violation
    9  of the public officers law.
   10    (2)  In the event one or more members of a partnership or shareholders
   11  of a corporation shall have been convicted of a felony as  described  in
   12  paragraph  one  of this subdivision, the commissioner shall, in addition
   13  to his OR HER other powers, limit the existing operating certificate  of
   14  such  partnership  or  corporation  so  that  it shall apply only to the
   15  remaining partner or shareholders, as the case  may  be,  provided  that
   16  every  such convicted person immediately and completely ceases and with-
   17  draws from participation in the management and operation of the facility
   18  OR PROVIDER OF SERVICES and further provided that a change of  ownership
   19  or  transfer of stock is completed without delay, and provided that such
   20  partnership or corporation shall immediately reapply for  a  certificate
   21  of  operation pursuant to subdivision (a) of section 16.05 of this arti-
   22  cle.
   23    (g) The commissioner may impose a fine upon a finding that the  holder
   24  of  the certificate has failed to comply with the terms of the operating
   25  certificate or with the provisions of any applicable  statute,  rule  or
   26  regulation.  The  maximum  amount  of  such  fine  shall be one thousand
   27  dollars per day or fifteen thousand dollars per violation.
   28    Such penalty may be recovered by an action brought by the commissioner
   29  in any court of competent jurisdiction.
   30    Such penalty may be released or compromised by the commissioner before
   31  the matter has been referred to the attorney general. Any  such  penalty
   32  may  be  released or compromised and any action commenced to recover the
   33  same may be settled or discontinued by the  attorney  general  with  the
   34  consent of the commissioner.
   35    (h)  Where  a proceeding has been brought pursuant to section 16.27 of
   36  this article, and a receiver appointed pursuant thereto, the commission-
   37  er may assume operation of the facility subject  to  such  receivership,
   38  upon  termination  of  such  receivership, and upon showing to the court
   39  having jurisdiction over such receivership  that  no  voluntary  associ-
   40  ation, not-for-profit corporation or other appropriate provider is will-
   41  ing  to  assume operation of the facility subject to receivership and is
   42  capable of meeting the requirements of this article; provided  that  the
   43  commissioner  notifies  the  chairman  of  the  assembly  ways and means
   44  committee, the chairman of the senate finance committee and the director
   45  of the budget of his intention to assume operation of such facility upon
   46  service of the order to show cause upon the owner  or  operator  of  the
   47  facility, pursuant to subdivision (b) of section 16.27 of this article.
   48    S  13.  Paragraph  5 of subdivision (a) of section 16.29 of the mental
   49  hygiene law, as amended by section 9 of part C of  chapter  501  of  the
   50  laws of 2012, is amended to read as follows:
   51    (5) removing a service recipient when it is determined that there is a
   52  risk  to  such  person if he or she continues to remain in a facility OR
   53  SERVICE PROGRAM; and
   54    S 14. Paragraph (ii) of subdivision (c) of section 16.29 of the mental
   55  hygiene law, as amended by section 9 of part C of  chapter  501  of  the
   56  laws of 2012, is amended to read as follows:
       A. 6007                            89
    1    (ii)  development and implementation of a plan of prevention and reme-
    2  diation, in the event an investigation of a report of an alleged report-
    3  able incident exists and such reportable incident may be  attributed  in
    4  whole  or  in  part  to  noncompliance  by  the  facility OR PROVIDER OF
    5  SERVICES  with  the  provisions  of  this  chapter or regulations of the
    6  office applicable to the operation  of  such  facility  OR  PROVIDER  OF
    7  SERVICES.   Any plan of prevention and remediation required to be devel-
    8  oped pursuant to this subdivision by a facility supervised by the office
    9  shall be submitted to and approved by such  office  in  accordance  with
   10  time limits established by regulations of such office. Implementation of
   11  the  plan  shall be monitored by such office. In reviewing the continued
   12  qualifications of a residential facility  OR  PROVIDER  OF  SERVICES  or
   13  program  for  an  operating  certificate, the office shall evaluate such
   14  facility's OR PROVIDER OF SERVICE'S compliance with plans of  prevention
   15  and remediation developed and implemented pursuant to this subdivision.
   16    S  14-a. Section 366 of the social services law is amended by adding a
   17  new subdivision 7-b to read as follows:
   18    7-B. SERVICES AND NEEDS ASSESSMENT. ON OR BEFORE  JANUARY  FIRST,  TWO
   19  THOUSAND  SIXTEEN,  THE  ASSESSMENT  COMPLETED  PURSUANT  TO SUBDIVISION
   20  SEVEN-A OF THIS SECTION SHALL BE COMPLETED BY A SCIENTIFICALLY VALID AND
   21  RELIABLE ASSESSMENT TOOL. SUCH TOOL MUST  MEET  INTER-RATER  RELIABILITY
   22  STANDARDS  ESTABLISHED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
   23  BILITIES IN CONJUNCTION WITH STAKEHOLDER  INPUT.  THE  ASSESSMENT  SHALL
   24  ALSO INCLUDE AN EVALUATION OF THE INDIVIDUAL'S HOME ENVIRONMENT, INCLUD-
   25  ING  BUT  NOT  LIMITED  TO,  THE  ABILITY OF FAMILY AND/OR CAREGIVERS TO
   26  PROVIDE SUPPORTS OUTSIDE OF THOSE WITHIN THE WAIVER, INCLUDING  BUT  NOT
   27  LIMITED TO, ACTIVITIES OF DAILY LIVING.
   28    S 15. This act shall take effect immediately.
   29                                   PART T
   30                            Intentionally Omitted
   31                                   PART U
   32                            Intentionally Omitted
   33                                   PART V
   34    Section  1.  Section  19.09  of  the  mental hygiene law is amended by
   35  adding a new subdivision (j) to read as follows:
   36    (J) THE COMMISSIONER, IN CONSULTATION WITH THE NEW YORK  STATE  GAMING
   37  COMMISSION,  IS AUTHORIZED AND DIRECTED TO COMMISSION A STATEWIDE EVALU-
   38  ATION REGARDING THE EXTENT OF LEGAL AND ILLEGAL  GAMBLING  BY  NEW  YORK
   39  STATE  RESIDENTS,  INCLUDING,  BUT  NOT  LIMITED  TO  THE LOTTERY, HORSE
   40  RACING, NATIVE AMERICAN CASINOS, INTERNET GAMBLING, SPORTS BETTING,  AND
   41  POKER.  SUCH  EVALUATION SHALL BE DELIVERED TO THE GOVERNOR AND LEGISLA-
   42  TURE NO LATER THAN DECEMBER FIRST, TWO THOUSAND  SEVENTEEN.  THE  EVALU-
   43  ATION  SHALL  BE  PREPARED  IN CONSULTATION WITH PERTINENT STAKEHOLDERS,
   44  INCLUDING BUT NOT LIMITED TO,  VOLUNTARY  AGENCIES,  LOCAL  GOVERNMENTAL
   45  UNITS,  INDIVIDUALS  WITH PROFESSIONAL RESEARCH EXPERIENCE AND EXPERTISE
   46  IN THE APPROPRIATE FIELDS, AND ANY OTHER PERTINENT  STAKEHOLDERS  DEEMED
   47  NECESSARY  BY  THE  COMMISSIONER AND NEW YORK STATE GAMING COMMISSION TO
   48  EFFECTUATE THE PURPOSE OF THIS SUBDIVISION.
       A. 6007                            90
    1    (1) SUCH EVALUATION SHALL INCLUDE:
    2    (A)  THE PERCENTAGE OF NEW YORK RESIDENTS PARTICIPATING IN EACH GAMBL-
    3  ING ACTIVITY BY:
    4    (I) AGE;
    5    (II) RACE;
    6    (III) INCOME;
    7    (IV) EDUCATION;
    8    (V) SEX; AND
    9    (VI) ANY OTHER DEMOGRAPHIC THAT WOULD BE RELEVANT TO  THE  EVALUATION;
   10  AND
   11    (B)  AN  ESTIMATE OF THE AMOUNT OF MONEY BEING WAGERED AND LOST BY NEW
   12  YORK RESIDENTS IN EACH GAMBLING ACTIVITY.
   13    (2) SUCH EVALUATION SHALL PROVIDE A CRITICAL ANALYSIS OF THE RELATION-
   14  SHIPS  BETWEEN  PROBLEM  GAMBLING  AND  BANKRUPTCY,  DOMESTIC  VIOLENCE,
   15  SUICIDE,  CRIME,  AND  ANY  OTHER SOCIAL PROBLEM THAT IS RELEVANT TO THE
   16  EVALUATION.
   17    S 2. This act shall take effect immediately.
   18                                   PART W
   19    Section 1. Section 19.09 of the  mental  hygiene  law  is  amended  by
   20  adding two new subdivisions (j) and (k) to read as follows:
   21    (J)  THE  COMMISSIONER  SHALL  CREATE  EDUCATIONAL MATERIALS REGARDING
   22  COMPULSIVE GAMBLING FOR THE PURPOSE OF EDUCATING INDIVIDUALS THAT VOLUN-
   23  TARILY PLACE THEMSELVES ON A SELF EXCLUSION LIST OF  AN  ASSOCIATION  OR
   24  CORPORATION  LICENSED  OR  ENFRANCHISED  BY  THE  NEW  YORK STATE GAMING
   25  COMMISSION PURSUANT  TO  SECTION  ONE  HUNDRED  ELEVEN  OF  THE  RACING,
   26  PARI-MUTUEL WAGERING AND BREEDING LAW IMMEDIATELY UPON PLACEMENT ON SUCH
   27  LIST.  THE  EDUCATIONAL MATERIALS SHALL BE MADE AVAILABLE ON THE WEBSITE
   28  OF THE OFFICE AND SHALL INCLUDE BUT  NOT  BE  LIMITED  TO  RESOURCES  TO
   29  TREATMENT.
   30    (K)  THE  COMMISSIONER, IN CONSULTATION WITH THE NEW YORK STATE GAMING
   31  COMMISSION SHALL ESTABLISH A PROBLEM GAMBLING EDUCATION  PROGRAM  TO  BE
   32  COMPLETED  BY  ALL  INDIVIDUALS  THAT  HAVE  PLACED THEMSELVES ON A SELF
   33  EXCLUSION LIST PURSUANT TO SECTION ONE HUNDRED  ELEVEN  OF  THE  RACING,
   34  PARI-MUTUEL WAGERING AND BREEDING LAW, WHOM SUBSEQUENTLY REQUEST REMOVAL
   35  FROM SUCH EXCLUSION LIST. THIS EDUCATION PROGRAM SHALL BE MADE AVAILABLE
   36  ON THE WEBSITES OF BOTH THE OFFICE AND THE NEW YORK STATE GAMING COMMIS-
   37  SION AND SHALL INCLUDE BUT NOT BE LIMITED TO RESOURCES TO TREATMENT.
   38    S  2.  Paragraphs  (a)  and (c) of subdivision 2 of section 111 of the
   39  racing, pari-mutuel wagering and breeding law, as added by section 1  of
   40  part  A  of  chapter  60  of  the  laws  of 2012, are amended to read as
   41  follows:
   42    (a) The commission shall promulgate rules and regulations pursuant  to
   43  which people may: voluntarily exclude themselves from entering the prem-
   44  ises  of  an  association or corporation licensed or enfranchised by the
   45  commission pursuant to this chapter; RECEIVE  THE  REQUIRED  EDUCATIONAL
   46  MATERIALS  PURSUANT  TO  SUBDIVISION  (J) OF SECTION 19.09 OF THE MENTAL
   47  HYGIENE LAW; AND, UPON REQUEST TO BE REMOVED  FROM  THE  SELF  EXCLUSION
   48  LIST, COMPLETE THE PROBLEM GAMBLING EDUCATION PROGRAM PURSUANT TO SUBDI-
   49  VISION (K) OF SECTION 19.09 OF THE MENTAL HYGIENE LAW.
   50    (c) No voluntary order or request to exclude persons from entering the
   51  premises  of  any  such  association,  corporation,  or  facility may be
   52  rescinded, canceled, or declared null and void until [seven days after a
   53  request] SUCH INDIVIDUAL WHO IS SELF  EXCLUDED  COMPLETES  IN  PAPER  OR
   54  ELECTRONIC  FORMAT, AN EDUCATIONAL PROGRAM APPROVED BY THE OFFICE PURSU-
       A. 6007                            91
    1  ANT TO THE PROVISIONS OF SUBDIVISION (K) OF SECTION 19.09 OF THE  MENTAL
    2  HYGIENE  LAW  AND  PROOF OF COMPLETION has been received by such associ-
    3  ation, corporation, or facility to cancel such order or request.
    4    S  3.  This  act  shall take effect on the sixtieth day after it shall
    5  have become a law.
    6                                   PART X
    7    Section 1. Section 4 of chapter 495 of the laws of 2004, amending  the
    8  insurance  law  and the public health law relating to the New York state
    9  health  insurance  continuation  assistance  demonstration  project,  as
   10  amended  by  section  1 of part GG of chapter 57 of the laws of 2014, is
   11  amended to read as follows:
   12    S 4. This act shall take effect on the sixtieth  day  after  it  shall
   13  have  become  a  law;  provided,  however, that this act shall remain in
   14  effect until July 1, [2015] 2016 when upon such date the  provisions  of
   15  this  act shall expire and be deemed repealed; provided, further, that a
   16  displaced worker shall be eligible for continuation assistance  retroac-
   17  tive to July 1, 2004.
   18    S 2. This act shall take effect immediately.
   19                                   PART Y
   20    Section  1. Section 1325 of the insurance law, as added by chapter 489
   21  of the laws of 2012, is amended to read as follows:
   22    S 1325. Exemption. For the purposes  of  exempting  certain  insurance
   23  companies  from  the  provisions  of  section one thousand three hundred
   24  twenty-four of this article, the superintendent  shall  exempt,  through
   25  December  thirty-first, two thousand [sixteen] NINETEEN, those stock and
   26  non-stock insurance companies to which subparagraph (B) of paragraph two
   27  of subsection (b) of such section applies.
   28    S 2. Subsection (c) of section 2343 of the insurance law,  as  amended
   29  by chapter 489 of the laws of 2012, is amended to read as follows:
   30    (c)  Notwithstanding  any other provision of this chapter, no applica-
   31  tion for an order of rehabilitation or liquidation of a domestic insurer
   32  whose primary liability arises from the business of medical  malpractice
   33  insurance,  as  that  term  is defined in subsection (b) of section five
   34  thousand five hundred one of this chapter, shall be made on the  grounds
   35  specified  in  subsection  (a)  or  (c)  of  section seven thousand four
   36  hundred two of this chapter at any time prior to December  thirty-first,
   37  two thousand [sixteen] NINETEEN.
   38    S 3. This act shall take effect immediately.
   39                                   PART Z
   40    Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter 266
   41  of the laws of 1986, amending the civil practice law and rules and other
   42  laws  relating  to  malpractice  and  professional  medical  conduct, as
   43  amended by section 18 of part B of chapter 60 of the laws  of  2014,  is
   44  amended to read as follows:
   45    (a)  The  superintendent  of  [insurance]  FINANCIAL  SERVICES and the
   46  commissioner of health or their designee shall, from funds available  in
   47  the  hospital excess liability pool created pursuant to subdivision 5 of
   48  this section, purchase a policy or policies for excess insurance  cover-
   49  age,  as  authorized by paragraph 1 of subsection (e) of section 5502 of
   50  the insurance law; or from an insurer, other than an  insurer  described
       A. 6007                            92
    1  in  section  5502  of  the  insurance law, duly authorized to write such
    2  coverage and actually writing  medical  malpractice  insurance  in  this
    3  state; or shall purchase equivalent excess coverage in a form previously
    4  approved  by  the  superintendent  of [insurance] FINANCIAL SERVICES for
    5  purposes of providing equivalent  excess  coverage  in  accordance  with
    6  section  19  of  chapter  294 of the laws of 1985, for medical or dental
    7  malpractice occurrences between July 1, 1986 and June 30, 1987,  between
    8  July  1, 1987 and June 30, 1988, between July 1, 1988 and June 30, 1989,
    9  between July 1, 1989 and June 30, 1990, between July 1,  1990  and  June
   10  30,  1991,  between July 1, 1991 and June 30, 1992, between July 1, 1992
   11  and June 30, 1993, between July 1, 1993 and June 30, 1994, between  July
   12  1,  1994  and  June  30,  1995,  between July 1, 1995 and June 30, 1996,
   13  between July 1, 1996 and June 30, 1997, between July 1,  1997  and  June
   14  30,  1998,  between July 1, 1998 and June 30, 1999, between July 1, 1999
   15  and June 30, 2000, between July 1, 2000 and June 30, 2001, between  July
   16  1,  2001  and  June  30,  2002,  between July 1, 2002 and June 30, 2003,
   17  between July 1, 2003 and June 30, 2004, between July 1,  2004  and  June
   18  30,  2005,  between July 1, 2005 and June 30, 2006, between July 1, 2006
   19  and June 30, 2007, between July 1, 2007 and June 30, 2008, between  July
   20  1,  2008  and  June  30,  2009,  between July 1, 2009 and June 30, 2010,
   21  between July 1, 2010 and June 30, 2011, between July 1,  2011  and  June
   22  30,  2012,  between July 1, 2012 and June 30, 2013, between July 1, 2013
   23  and June 30, 2014, [and] between July 1, 2014 and  June  30,  2015,  AND
   24  BETWEEN  JULY  1, 2015 AND JUNE 30, 2016 or reimburse the hospital where
   25  the hospital purchases equivalent excess coverage as defined in subpara-
   26  graph (i) of paragraph (a)  of  subdivision  1-a  of  this  section  for
   27  medical  or dental malpractice occurrences between July 1, 1987 and June
   28  30, 1988, between July 1, 1988 and June 30, 1989, between July  1,  1989
   29  and  June 30, 1990, between July 1, 1990 and June 30, 1991, between July
   30  1, 1991 and June 30, 1992, between July  1,  1992  and  June  30,  1993,
   31  between  July  1,  1993 and June 30, 1994, between July 1, 1994 and June
   32  30, 1995, between July 1, 1995 and June 30, 1996, between July  1,  1996
   33  and  June 30, 1997, between July 1, 1997 and June 30, 1998, between July
   34  1, 1998 and June 30, 1999, between July  1,  1999  and  June  30,  2000,
   35  between  July  1,  2000 and June 30, 2001, between July 1, 2001 and June
   36  30, 2002, between July 1, 2002 and June 30, 2003, between July  1,  2003
   37  and  June 30, 2004, between July 1, 2004 and June 30, 2005, between July
   38  1, 2005 and June 30, 2006, between July  1,  2006  and  June  30,  2007,
   39  between  July  1,  2007 and June 30, 2008, between July 1, 2008 and June
   40  30, 2009, between July 1, 2009 and June 30, 2010, between July  1,  2010
   41  and  June 30, 2011, between July 1, 2011 and June 30, 2012, between July
   42  1, 2012 and June 30, 2013, between July 1, 2013 and June 30, 2014, [and]
   43  between July 1, 2014 and June 30, 2015, AND BETWEEN  JULY  1,  2015  AND
   44  JUNE  30, 2016 for physicians or dentists certified as eligible for each
   45  such period or periods pursuant to subdivision 2 of this  section  by  a
   46  general  hospital  licensed  pursuant to article 28 of the public health
   47  law; provided that no single insurer shall write more than fifty percent
   48  of the total excess premium for  a  given  policy  year;  and  provided,
   49  however, that such eligible physicians or dentists must have in force an
   50  individual  policy,  from  an  insurer licensed in this state of primary
   51  malpractice insurance coverage in amounts of no less  than  one  million
   52  three  hundred thousand dollars for each claimant and three million nine
   53  hundred thousand dollars for all claimants under that policy during  the
   54  period  of  such  excess coverage for such occurrences or be endorsed as
   55  additional insureds under a hospital professional liability policy which
   56  is  offered  through  a  voluntary  attending  physician  ("channeling")
       A. 6007                            93
    1  program previously permitted by the superintendent of [insurance] FINAN-
    2  CIAL  SERVICES during the period of such excess coverage for such occur-
    3  rences.  During such period, such policy for  excess  coverage  or  such
    4  equivalent  excess coverage shall, when combined with the physician's or
    5  dentist's primary malpractice insurance coverage  or  coverage  provided
    6  through a voluntary attending physician ("channeling") program, total an
    7  aggregate  level  of two million three hundred thousand dollars for each
    8  claimant and six million nine hundred thousand dollars for all claimants
    9  from all such policies with respect to occurrences in each of such years
   10  provided, however, if the cost of primary malpractice insurance coverage
   11  in excess of one million dollars, but below the excess medical  malprac-
   12  tice  insurance coverage provided pursuant to this act, exceeds the rate
   13  of nine percent per annum, then the required level of  primary  malprac-
   14  tice insurance coverage in excess of one million dollars for each claim-
   15  ant  shall  be  in  an amount of not less than the dollar amount of such
   16  coverage available at nine percent per annum; the required level of such
   17  coverage for all claimants under that policy shall be in an  amount  not
   18  less  than  three times the dollar amount of coverage for each claimant;
   19  and excess coverage, when combined with such primary malpractice  insur-
   20  ance  coverage,  shall increase the aggregate level for each claimant by
   21  one million dollars and three million dollars  for  all  claimants;  and
   22  provided  further,  that,  with  respect  to policies of primary medical
   23  malpractice coverage that include occurrences between April 1, 2002  and
   24  June 30, 2002, such requirement that coverage be in amounts no less than
   25  one  million  three hundred thousand dollars for each claimant and three
   26  million nine hundred thousand dollars for all claimants for such  occur-
   27  rences shall be effective April 1, 2002.
   28    S  2.  Subdivision 3 of section 18 of chapter 266 of the laws of 1986,
   29  amending the civil practice law and rules and  other  laws  relating  to
   30  malpractice  and  professional medical conduct, as amended by section 19
   31  of part B of chapter 60 of the laws of  2014,  is  amended  to  read  as
   32  follows:
   33    (3)(a)  The  superintendent  of  [insurance]  FINANCIAL SERVICES shall
   34  determine and certify to each general hospital and to  the  commissioner
   35  of health the cost of excess malpractice insurance for medical or dental
   36  malpractice  occurrences between July 1, 1986 and June 30, 1987, between
   37  July 1, 1988 and June 30, 1989, between July 1, 1989 and June 30,  1990,
   38  between  July  1,  1990 and June 30, 1991, between July 1, 1991 and June
   39  30, 1992, between July 1, 1992 and June 30, 1993, between July  1,  1993
   40  and  June 30, 1994, between July 1, 1994 and June 30, 1995, between July
   41  1, 1995 and June 30, 1996, between July  1,  1996  and  June  30,  1997,
   42  between  July  1,  1997 and June 30, 1998, between July 1, 1998 and June
   43  30, 1999, between July 1, 1999 and June 30, 2000, between July  1,  2000
   44  and  June 30, 2001, between July 1, 2001 and June 30, 2002, between July
   45  1, 2002 and June 30, 2003, between July  1,  2003  and  June  30,  2004,
   46  between  July  1,  2004 and June 30, 2005, between July 1, 2005 and June
   47  30, 2006, between July 1, 2006 and June 30, 2007, between July  1,  2007
   48  and  June 30, 2008, between July 1, 2008 and June 30, 2009, between July
   49  1, 2009 and June 30, 2010, between July  1,  2010  and  June  30,  2011,
   50  between  July  1,  2011 and June 30, 2012, between July 1, 2012 and June
   51  30, 2013, and between July 1, 2013 and June 30, 2014, [and] between July
   52  1, 2014 and June 30, 2015, AND BETWEEN JULY 1, 2015 AND  JUNE  30,  2016
   53  allocable  to each general hospital for physicians or dentists certified
   54  as eligible for purchase of a policy for excess  insurance  coverage  by
   55  such  general hospital in accordance with subdivision 2 of this section,
   56  and may amend such determination and certification as necessary.
       A. 6007                            94
    1    (b) The superintendent of [insurance] FINANCIAL SERVICES shall  deter-
    2  mine  and  certify  to  each general hospital and to the commissioner of
    3  health the cost of excess malpractice  insurance  or  equivalent  excess
    4  coverage  for  medical or dental malpractice occurrences between July 1,
    5  1987  and June 30, 1988, between July 1, 1988 and June 30, 1989, between
    6  July 1, 1989 and June 30, 1990, between July 1, 1990 and June 30,  1991,
    7  between  July  1,  1991 and June 30, 1992, between July 1, 1992 and June
    8  30, 1993, between July 1, 1993 and June 30, 1994, between July  1,  1994
    9  and  June 30, 1995, between July 1, 1995 and June 30, 1996, between July
   10  1, 1996 and June 30, 1997, between July  1,  1997  and  June  30,  1998,
   11  between  July  1,  1998 and June 30, 1999, between July 1, 1999 and June
   12  30, 2000, between July 1, 2000 and June 30, 2001, between July  1,  2001
   13  and  June 30, 2002, between July 1, 2002 and June 30, 2003, between July
   14  1, 2003 and June 30, 2004, between July  1,  2004  and  June  30,  2005,
   15  between  July  1,  2005 and June 30, 2006, between July 1, 2006 and June
   16  30, 2007, between July 1, 2007 and June 30, 2008, between July  1,  2008
   17  and  June 30, 2009, between July 1, 2009 and June 30, 2010, between July
   18  1, 2010 and June 30, 2011, between July  1,  2011  and  June  30,  2012,
   19  between  July  1,  2012 and June 30, 2013, between July 1, 2013 and June
   20  30, 2014, [and] between July 1, 2014 and June 30, 2015, AND BETWEEN JULY
   21  1, 2015 AND JUNE 30, 2016 allocable to each general hospital for  physi-
   22  cians  or  dentists  certified  as eligible for purchase of a policy for
   23  excess insurance coverage or equivalent excess coverage by such  general
   24  hospital in accordance with subdivision 2 of this section, and may amend
   25  such determination and certification as necessary. The superintendent of
   26  [insurance]  FINANCIAL  SERVICES  shall  determine  and  certify to each
   27  general hospital and to the commissioner of health the ratable share  of
   28  such  cost allocable to the period July 1, 1987 to December 31, 1987, to
   29  the period January 1, 1988 to June 30, 1988, to the period July 1,  1988
   30  to December 31, 1988, to the period January 1, 1989 to June 30, 1989, to
   31  the  period  July 1, 1989 to December 31, 1989, to the period January 1,
   32  1990 to June 30, 1990, to the period July 1, 1990 to December 31,  1990,
   33  to  the  period  January 1, 1991 to June 30, 1991, to the period July 1,
   34  1991 to December 31, 1991, to the period January 1,  1992  to  June  30,
   35  1992,  to  the  period  July 1, 1992 to December 31, 1992, to the period
   36  January 1, 1993 to June 30, 1993, to the period July 1, 1993 to December
   37  31, 1993, to the period January 1, 1994 to June 30, 1994, to the  period
   38  July 1, 1994 to December 31, 1994, to the period January 1, 1995 to June
   39  30, 1995, to the period July 1, 1995 to December 31, 1995, to the period
   40  January 1, 1996 to June 30, 1996, to the period July 1, 1996 to December
   41  31,  1996, to the period January 1, 1997 to June 30, 1997, to the period
   42  July 1, 1997 to December 31, 1997, to the period January 1, 1998 to June
   43  30, 1998, to the period July 1, 1998 to December 31, 1998, to the period
   44  January 1, 1999 to June 30, 1999, to the period July 1, 1999 to December
   45  31, 1999, to the period January 1, 2000 to June 30, 2000, to the  period
   46  July 1, 2000 to December 31, 2000, to the period January 1, 2001 to June
   47  30,  2001,  to  the  period July 1, 2001 to June 30, 2002, to the period
   48  July 1, 2002 to June 30, 2003, to the period July 1, 2003  to  June  30,
   49  2004, to the period July 1, 2004 to June 30, 2005, to the period July 1,
   50  2005 and June 30, 2006, to the period July 1, 2006 and June 30, 2007, to
   51  the  period  July  1, 2007 and June 30, 2008, to the period July 1, 2008
   52  and June 30, 2009, to the period July 1, 2009 and June 30, 2010, to  the
   53  period  July  1,  2010 and June 30, 2011, to the period July 1, 2011 and
   54  June 30, 2012, to the period July 1, 2012 and  June  30,  2013,  to  the
   55  period  July 1, 2013 and June 30, 2014, [and] to the period July 1, 2014
   56  and June 30, 2015, AND TO THE PERIOD JULY 1, 2015 AND JUNE 30, 2016.
       A. 6007                            95
    1    S 3. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of section
    2  18 of chapter 266 of the laws of 1986, amending the civil  practice  law
    3  and  rules  and  other  laws  relating  to  malpractice and professional
    4  medical conduct, as amended by section 20 of part B of chapter 60 of the
    5  laws of 2014, are amended to read as follows:
    6    (a)  To  the  extent  funds available to the hospital excess liability
    7  pool pursuant to subdivision 5 of this section as amended, and  pursuant
    8  to  section  6  of part J of chapter 63 of the laws of 2001, as may from
    9  time to time be amended, which amended this  subdivision,  are  insuffi-
   10  cient  to  meet  the  costs  of  excess insurance coverage or equivalent
   11  excess coverage for coverage periods during the period July 1,  1992  to
   12  June  30,  1993, during the period July 1, 1993 to June 30, 1994, during
   13  the period July 1, 1994 to June 30, 1995, during the period July 1, 1995
   14  to June 30, 1996, during the period July  1,  1996  to  June  30,  1997,
   15  during  the period July 1, 1997 to June 30, 1998, during the period July
   16  1, 1998 to June 30, 1999, during the period July 1,  1999  to  June  30,
   17  2000, during the period July 1, 2000 to June 30, 2001, during the period
   18  July  1,  2001  to  October 29, 2001, during the period April 1, 2002 to
   19  June 30, 2002, during the period July 1, 2002 to June 30,  2003,  during
   20  the period July 1, 2003 to June 30, 2004, during the period July 1, 2004
   21  to  June  30,  2005,  during  the  period July 1, 2005 to June 30, 2006,
   22  during the period July 1, 2006 to June 30, 2007, during the period  July
   23  1,  2007  to  June  30, 2008, during the period July 1, 2008 to June 30,
   24  2009, during the period July 1, 2009 to June 30, 2010, during the period
   25  July 1, 2010 to June 30, 2011, during the period July 1,  2011  to  June
   26  30,  2012,  during  the period July 1, 2012 to June 30, 2013, during the
   27  period July 1, 2013 to June 30, 2014, [and] during the  period  July  1,
   28  2014  to  June 30, 2015, AND DURING THE PERIOD JULY 1, 2015 AND JUNE 30,
   29  2016 allocated or reallocated in accordance with paragraph (a) of subdi-
   30  vision 4-a of this section to  rates  of  payment  applicable  to  state
   31  governmental  agencies,  each physician or dentist for whom a policy for
   32  excess insurance coverage or equivalent excess coverage is purchased for
   33  such period shall be responsible for payment to the provider  of  excess
   34  insurance  coverage  or equivalent excess coverage of an allocable share
   35  of such insufficiency, based on the ratio of  the  total  cost  of  such
   36  coverage  for such physician to the sum of the total cost of such cover-
   37  age for all physicians applied to such insufficiency.
   38    (b) Each provider of excess insurance coverage  or  equivalent  excess
   39  coverage  covering the period July 1, 1992 to June 30, 1993, or covering
   40  the period July 1, 1993 to June 30, 1994, or covering the period July 1,
   41  1994 to June 30, 1995, or covering the period July 1, 1995 to  June  30,
   42  1996,  or covering the period July 1, 1996 to June 30, 1997, or covering
   43  the period July 1, 1997 to June 30, 1998, or covering the period July 1,
   44  1998 to June 30, 1999, or covering the period July 1, 1999 to  June  30,
   45  2000,  or covering the period July 1, 2000 to June 30, 2001, or covering
   46  the period July 1, 2001 to October 29,  2001,  or  covering  the  period
   47  April  1,  2002 to June 30, 2002, or covering the period July 1, 2002 to
   48  June 30, 2003, or covering the period July 1, 2003 to June 30, 2004,  or
   49  covering the period July 1, 2004 to June 30, 2005, or covering the peri-
   50  od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
   51  June  30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
   52  covering the period July 1, 2008 to June 30, 2009, or covering the peri-
   53  od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
   54  June 30, 2011, or covering the period July 1, 2011 to June 30, 2012,  or
   55  covering the period July 1, 2012 to June 30, 2013, or covering the peri-
   56  od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
       A. 6007                            96
    1  June  30,  2015,  OR  COVERING  THE PERIOD JULY 1, 2015 TO JUNE 30, 2016
    2  shall notify a covered physician or  dentist  by  mail,  mailed  to  the
    3  address  shown  on the last application for excess insurance coverage or
    4  equivalent excess coverage, of the amount due to such provider from such
    5  physician  or  dentist for such coverage period determined in accordance
    6  with paragraph (a) of this subdivision. Such amount shall  be  due  from
    7  such  physician or dentist to such provider of excess insurance coverage
    8  or equivalent excess coverage in a time and  manner  determined  by  the
    9  superintendent of [insurance] FINANCIAL SERVICES.
   10    (c)  If  a physician or dentist liable for payment of a portion of the
   11  costs of excess insurance coverage or equivalent excess coverage  cover-
   12  ing  the  period  July  1, 1992 to June 30, 1993, or covering the period
   13  July 1, 1993 to June 30, 1994, or covering the period July  1,  1994  to
   14  June  30, 1995, or covering the period July 1, 1995 to June 30, 1996, or
   15  covering the period July 1, 1996 to June 30, 1997, or covering the peri-
   16  od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
   17  June 30, 1999, or covering the period July 1, 1999 to June 30, 2000,  or
   18  covering the period July 1, 2000 to June 30, 2001, or covering the peri-
   19  od  July  1,  2001  to October 29, 2001, or covering the period April 1,
   20  2002 to June 30, 2002, or covering the period July 1, 2002 to  June  30,
   21  2003,  or covering the period July 1, 2003 to June 30, 2004, or covering
   22  the period July 1, 2004 to June 30, 2005, or covering the period July 1,
   23  2005 to June 30, 2006, or covering the period July 1, 2006 to  June  30,
   24  2007,  or covering the period July 1, 2007 to June 30, 2008, or covering
   25  the period July 1, 2008 to June 30, 2009, or covering the period July 1,
   26  2009 to June 30, 2010, or covering the period July 1, 2010 to  June  30,
   27  2011,  or covering the period July 1, 2011 to June 30, 2012, or covering
   28  the period July 1, 2012 to June 30, 2013, or covering the period July 1,
   29  2013 to June 30, 2014, or covering the period July 1, 2014 to  June  30,
   30  2015, OR COVERING THE PERIOD JULY 1, 2015 TO JUNE 30, 2016 determined in
   31  accordance  with  paragraph  (a)  of  this subdivision fails, refuses or
   32  neglects to make payment to the provider of excess insurance coverage or
   33  equivalent excess coverage in such time and manner as determined by  the
   34  superintendent  of  [insurance] FINANCIAL SERVICES pursuant to paragraph
   35  (b) of this subdivision, excess insurance coverage or equivalent  excess
   36  coverage purchased for such physician or dentist in accordance with this
   37  section  for  such  coverage period shall be cancelled and shall be null
   38  and void as of the first day on or after the commencement  of  a  policy
   39  period  where the liability for payment pursuant to this subdivision has
   40  not been met.
   41    (d) Each provider of excess insurance coverage  or  equivalent  excess
   42  coverage  shall  notify  the  superintendent  of  [insurance]  FINANCIAL
   43  SERVICES and the commissioner of health or their designee of each physi-
   44  cian and dentist eligible for purchase of a policy for excess  insurance
   45  coverage  or equivalent excess coverage covering the period July 1, 1992
   46  to June 30, 1993, or covering the period July 1, 1993 to June 30,  1994,
   47  or  covering  the  period July 1, 1994 to June 30, 1995, or covering the
   48  period July 1, 1995 to June 30, 1996, or covering  the  period  July  1,
   49  1996  to  June 30, 1997, or covering the period July 1, 1997 to June 30,
   50  1998, or covering the period July 1, 1998 to June 30, 1999, or  covering
   51  the period July 1, 1999 to June 30, 2000, or covering the period July 1,
   52  2000  to  June  30, 2001, or covering the period July 1, 2001 to October
   53  29, 2001, or covering the period April 1, 2002  to  June  30,  2002,  or
   54  covering the period July 1, 2002 to June 30, 2003, or covering the peri-
   55  od July 1, 2003 to June 30, 2004, or covering the period July 1, 2004 to
   56  June  30, 2005, or covering the period July 1, 2005 to June 30, 2006, or
       A. 6007                            97
    1  covering the period July 1, 2006 to June 30, 2007, or covering the peri-
    2  od July 1, 2007 to June 30, 2008, or covering the period July 1, 2008 to
    3  June 30, 2009, or covering the period July 1, 2009 to June 30, 2010,  or
    4  covering the period July 1, 2010 to June 30, 2011, or covering the peri-
    5  od July 1, 2011 to June 30, 2012, or covering the period July 1, 2012 to
    6  June  30, 2013, or covering the period July 1, 2013 to June 30, 2014, or
    7  covering the period July 1, 2014 to June 30, 2015, OR COVERING THE PERI-
    8  OD JULY 1, 2015 TO JUNE 30, 2016 that has made payment to such  provider
    9  of excess insurance coverage or equivalent excess coverage in accordance
   10  with paragraph (b) of this subdivision and of each physician and dentist
   11  who has failed, refused or neglected to make such payment.
   12    (e)  A  provider  of  excess  insurance  coverage or equivalent excess
   13  coverage shall refund to the hospital excess liability pool  any  amount
   14  allocable to the period July 1, 1992 to June 30, 1993, and to the period
   15  July  1,  1993  to June 30, 1994, and to the period July 1, 1994 to June
   16  30, 1995, and to the period July 1, 1995 to June 30, 1996,  and  to  the
   17  period  July 1, 1996 to June 30, 1997, and to the period July 1, 1997 to
   18  June 30, 1998, and to the period July 1, 1998 to June 30, 1999,  and  to
   19  the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000
   20  to  June  30,  2001, and to the period July 1, 2001 to October 29, 2001,
   21  and to the period April 1, 2002 to June 30, 2002, and to the period July
   22  1, 2002 to June 30, 2003, and to the period July 1,  2003  to  June  30,
   23  2004, and to the period July 1, 2004 to June 30, 2005, and to the period
   24  July  1,  2005  to June 30, 2006, and to the period July 1, 2006 to June
   25  30, 2007, and to the period July 1, 2007 to June 30, 2008,  and  to  the
   26  period  July 1, 2008 to June 30, 2009, and to the period July 1, 2009 to
   27  June 30, 2010, and to the period July 1, 2010 to June 30, 2011,  and  to
   28  the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012
   29  to  June  30, 2013, and to the period July 1, 2013 to June 30, 2014, and
   30  to the period July 1, 2014 to June 30, 2015, AND TO THE PERIOD  JULY  1,
   31  2015  TO  JUNE 30, 2016 received from the hospital excess liability pool
   32  for purchase of excess insurance coverage or equivalent excess  coverage
   33  covering  the  period  July  1,  1992 to June 30, 1993, and covering the
   34  period July 1, 1993 to June 30, 1994, and covering the  period  July  1,
   35  1994  to June 30, 1995, and covering the period July 1, 1995 to June 30,
   36  1996, and covering the period July 1, 1996 to June 30, 1997, and  cover-
   37  ing  the  period  July 1, 1997 to June 30, 1998, and covering the period
   38  July 1, 1998 to June 30, 1999, and covering the period July 1,  1999  to
   39  June  30,  2000,  and covering the period July 1, 2000 to June 30, 2001,
   40  and covering the period July 1, 2001 to October 29, 2001,  and  covering
   41  the  period April 1, 2002 to June 30, 2002, and covering the period July
   42  1, 2002 to June 30, 2003, and covering the period July 1, 2003  to  June
   43  30,  2004,  and  covering  the period July 1, 2004 to June 30, 2005, and
   44  covering the period July 1, 2005 to June  30,  2006,  and  covering  the
   45  period  July  1,  2006 to June 30, 2007, and covering the period July 1,
   46  2007 to June 30, 2008, and covering the period July 1, 2008 to June  30,
   47  2009,  and covering the period July 1, 2009 to June 30, 2010, and cover-
   48  ing the period July 1, 2010 to June 30, 2011, and  covering  the  period
   49  July  1,  2011 to June 30, 2012, and covering the period July 1, 2012 to
   50  June 30, 2013, and covering the period July 1, 2013 to  June  30,  2014,
   51  and  covering the period July 1, 2014 to June 30, 2015, AND COVERING THE
   52  PERIOD JULY 1, 2015 TO JUNE 30, 2016 for a physician  or  dentist  where
   53  such   excess  insurance  coverage  or  equivalent  excess  coverage  is
   54  cancelled in accordance with paragraph (c) of this subdivision.
   55    S 4. Section 40 of chapter 266 of the laws of 1986, amending the civil
   56  practice law and rules  and  other  laws  relating  to  malpractice  and
       A. 6007                            98
    1  professional  medical  conduct,  as  amended  by section 21 of part B of
    2  chapter 60 of the laws of 2014, is amended to read as follows:
    3    S  40.  The  superintendent  of  [insurance]  FINANCIAL SERVICES shall
    4  establish rates for  policies  providing  coverage  for  physicians  and
    5  surgeons medical malpractice for the periods commencing July 1, 1985 and
    6  ending June 30, [2015] 2016; provided, however, that notwithstanding any
    7  other  provision  of  law,  the  superintendent  shall  not establish or
    8  approve any increase in rates for the period commencing July 1, 2009 and
    9  ending June 30, 2010. The superintendent shall direct insurers to estab-
   10  lish segregated accounts for premiums, payments, reserves and investment
   11  income attributable to such premium periods and shall  require  periodic
   12  reports  by  the  insurers regarding claims and expenses attributable to
   13  such periods to monitor whether such accounts will be sufficient to meet
   14  incurred claims and expenses. On or after July 1, 1989, the  superinten-
   15  dent  shall  impose a surcharge on premiums to satisfy a projected defi-
   16  ciency that is attributable to the premium levels  established  pursuant
   17  to  this  section  for such periods; provided, however, that such annual
   18  surcharge shall not exceed eight percent of the established  rate  until
   19  July  1,  [2015] 2016, at which time and thereafter such surcharge shall
   20  not exceed twenty-five percent of the approved adequate rate,  and  that
   21  such  annual  surcharges shall continue for such period of time as shall
   22  be sufficient to satisfy such deficiency. The superintendent  shall  not
   23  impose  such  surcharge  during  the  period commencing July 1, 2009 and
   24  ending June 30, 2010.    On  and  after  July  1,  1989,  the  surcharge
   25  prescribed  by  this section shall be retained by insurers to the extent
   26  that they insured physicians  and  surgeons  during  the  July  1,  1985
   27  through  June  30,  [2015]  2016 policy periods; in the event and to the
   28  extent physicians and surgeons were insured by  another  insurer  during
   29  such  periods, all or a pro rata share of the surcharge, as the case may
   30  be, shall be remitted to such other insurer in accordance with rules and
   31  regulations  to  be  promulgated  by  the  superintendent.    Surcharges
   32  collected  from physicians and surgeons who were not insured during such
   33  policy periods shall be apportioned among all insurers in proportion  to
   34  the  premium  written  by  each insurer during such policy periods; if a
   35  physician or surgeon was insured by an insurer subject to  rates  estab-
   36  lished by the superintendent during such policy periods, and at any time
   37  thereafter  a  hospital,  health  maintenance  organization, employer or
   38  institution is responsible for responding in damages for liability aris-
   39  ing out of such physician's or  surgeon's  practice  of  medicine,  such
   40  responsible entity shall also remit to such prior insurer the equivalent
   41  amount  that  would then be collected as a surcharge if the physician or
   42  surgeon had continued to remain insured by such prior  insurer.  In  the
   43  event  any  insurer that provided coverage during such policy periods is
   44  in liquidation, the  property/casualty  insurance  security  fund  shall
   45  receive  the  portion  of surcharges to which the insurer in liquidation
   46  would have been entitled. The  surcharges  authorized  herein  shall  be
   47  deemed  to  be  income  earned  for  the purposes of section 2303 of the
   48  insurance law.  The superintendent, in establishing adequate  rates  and
   49  in  determining any projected deficiency pursuant to the requirements of
   50  this section and the  insurance  law,  shall  give  substantial  weight,
   51  determined  in  his  discretion  and judgment, to the prospective antic-
   52  ipated effect of any regulations promulgated and laws  enacted  and  the
   53  public  benefit  of    stabilizing malpractice rates and minimizing rate
   54  level fluctuation during the period of time necessary for  the  develop-
   55  ment  of more reliable statistical experience as to the efficacy of such
   56  laws and regulations affecting medical, dental or podiatric  malpractice
       A. 6007                            99
    1  enacted or promulgated in 1985, 1986, by this act and at any other time.
    2  Notwithstanding any provision of the insurance law, rates already estab-
    3  lished  and  to  be  established  by the superintendent pursuant to this
    4  section  are  deemed adequate if such rates would be adequate when taken
    5  together with the maximum authorized annual surcharges to be imposed for
    6  a reasonable period of time whether or not any such annual surcharge has
    7  been actually imposed as of the establishment of such rates.
    8    S 5. Section 5 and subdivisions (a) and (e) of section 6 of part J  of
    9  chapter  63  of  the  laws  of 2001, amending chapter 266 of the laws of
   10  1986, amending the civil practice law and rules and other laws  relating
   11  to  malpractice  and professional medical conduct, as amended by section
   12  22 of part B of chapter 60 of the laws of 2014, are amended to  read  as
   13  follows:
   14    S  5.  The  superintendent  of  [insurance] FINANCIAL SERVICES and the
   15  commissioner of health shall determine, no later  than  June  15,  2002,
   16  June  15,  2003,  June  15, 2004, June 15, 2005, June 15, 2006, June 15,
   17  2007, June 15, 2008, June 15, 2009, June 15, 2010, June 15,  2011,  June
   18  15,  2012,  June  15, 2013, June 15, 2014, [and] June 15, 2015, AND JUNE
   19  15, 2016 the amount of funds available in the hospital excess  liability
   20  pool, created pursuant to section 18 of chapter 266 of the laws of 1986,
   21  and  whether such funds are sufficient for purposes of purchasing excess
   22  insurance coverage for eligible participating  physicians  and  dentists
   23  during the period July 1, 2001 to June 30, 2002, or July 1, 2002 to June
   24  30,  2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30,
   25  2005, or July 1, 2005 to June 30, 2006, or July  1,  2006  to  June  30,
   26  2007,  or  July  1,  2007  to June 30, 2008, or July 1, 2008 to June 30,
   27  2009, or July 1, 2009 to June 30, 2010, or July  1,  2010  to  June  30,
   28  2011,  or  July  1,  2011  to June 30, 2012, or July 1, 2012 to June 30,
   29  2013, or July 1, 2013 to June 30, 2014, or July  1,  2014  to  June  30,
   30  2015, OR JULY 1, 2015 TO JUNE 30, 2016, as applicable.
   31    (a)  This section shall be effective only upon a determination, pursu-
   32  ant to section five of this act, by the  superintendent  of  [insurance]
   33  FINANCIAL  SERVICES  and the commissioner of health, and a certification
   34  of such determination to the state director of the budget, the chair  of
   35  the  senate committee on finance and the chair of the assembly committee
   36  on ways and means, that the amount  of  funds  in  the  hospital  excess
   37  liability  pool,  created  pursuant  to section 18 of chapter 266 of the
   38  laws of 1986, is insufficient for purposes of purchasing  excess  insur-
   39  ance  coverage for eligible participating physicians and dentists during
   40  the period July 1, 2001 to June 30, 2002, or July 1, 2002  to  June  30,
   41  2003,  or  July  1,  2003  to June 30, 2004, or July 1, 2004 to June 30,
   42  2005, or July 1, 2005 to June 30, 2006, or July  1,  2006  to  June  30,
   43  2007,  or  July  1,  2007  to June 30, 2008, or July 1, 2008 to June 30,
   44  2009, or July 1, 2009 to June 30, 2010, or July  1,  2010  to  June  30,
   45  2011,  or  July  1,  2011  to June 30, 2012, or July 1, 2012 to June 30,
   46  2013, or July 1, 2013 to June 30, 2014, or July  1,  2014  to  June  30,
   47  2015, OR JULY 1, 2015 TO JUNE 30, 2016, as applicable.
   48    (e)  The  commissioner  of  health  shall  transfer for deposit to the
   49  hospital excess liability pool created pursuant to section 18 of chapter
   50  266 of the laws of 1986 such amounts as directed by  the  superintendent
   51  of  [insurance]  FINANCIAL SERVICES for the purchase of excess liability
   52  insurance coverage for eligible participating  physicians  and  dentists
   53  for  the  policy  year July 1, 2001 to June 30, 2002, or July 1, 2002 to
   54  June 30, 2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June
   55  30, 2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June  30,
   56  2007,  as  applicable, and the cost of administering the hospital excess
       A. 6007                            100
    1  liability pool for such applicable policy year,  pursuant to the program
    2  established in chapter 266 of the laws of 1986,  as  amended,  no  later
    3  than  June  15,  2002, June 15, 2003, June 15, 2004, June 15, 2005, June
    4  15,  2006,  June  15, 2007, June 15, 2008, June 15, 2009, June 15, 2010,
    5  June 15, 2011, June 15, 2012, June 15, 2013, June 15, 2014,  [and]  June
    6  15, 2015, AND JUNE 15, 2016, as applicable.
    7    S 6. Notwithstanding any law, rule or regulation to the contrary, only
    8  physicians  or  dentists who were eligible, and for whom the superinten-
    9  dent of financial services and the  commissioner  of  health,  or  their
   10  designee, purchased, with funds available in the hospital excess liabil-
   11  ity  pool,  a  full  or partial policy for excess coverage or equivalent
   12  excess coverage for the coverage period ending the  thirtieth  of  June,
   13  two  thousand  fifteen, shall be eligible to apply for such coverage for
   14  the coverage period beginning the first of July, two  thousand  fifteen;
   15  provided,  however,  if  the  total number of physicians or dentists for
   16  whom such excess coverage or equivalent excess  coverage  was  purchased
   17  for  the  policy year ending the thirtieth of June, two thousand fifteen
   18  exceeds the total number of physicians or dentists certified as eligible
   19  for the coverage period  beginning  the  first  of  July,  two  thousand
   20  fifteen,  then  the  general  hospitals  may certify additional eligible
   21  physicians or dentists in a number  equal  to  such  general  hospital's
   22  proportional  share  of  the  total number of physicians or dentists for
   23  whom excess coverage or equivalent excess coverage  was  purchased  with
   24  funds  available in the hospital excess liability pool as of the thirti-
   25  eth of June, two thousand fifteen, as applied to the difference  between
   26  the  number  of  eligible  physicians  or dentists for whom a policy for
   27  excess coverage or equivalent excess  coverage  was  purchased  for  the
   28  coverage  period  ending the thirtieth of June, two thousand fifteen and
   29  the number of such eligible physicians or dentists who have applied  for
   30  excess  coverage  or equivalent excess for the coverage period beginning
   31  the first of July, two thousand fifteen.
   32    S 7. This act shall take effect immediately.
   33                                   PART AA
   34    Section 1. Section 213 of the insurance law, as added by section 1  of
   35  part L of chapter 57 of the laws of 2007, is amended to read as follows:
   36    S  213.  New  York  state  health  [care quality and cost containment]
   37  INSURANCE MODERNIZATION AND QUALITY CARE commission. (a) There is hereby
   38  established within the department a commission, to be known as the  "New
   39  York  state health [care quality and cost containment] INSURANCE MODERN-
   40  IZATION AND QUALITY CARE commission". The commission  shall  consist  of
   41  thirteen  members  appointed  by  the governor, one of whom shall be the
   42  superintendent OR THEIR REPRESENTATIVE, one of whom shall be the commis-
   43  sioner of health OR THEIR REPRESENTATIVE, ONE OF WHOM SHALL BE THE EXEC-
   44  UTIVE DIRECTOR OF THE NEW YORK STATE HEALTH INSURANCE EXCHANGE OR  THEIR
   45  REPRESENTATIVE  and six of whom shall be appointed on the recommendation
   46  of the legislative leaders, two on the recommendation of  the  temporary
   47  president of the senate, two on the recommendation of the speaker of the
   48  assembly,  one  on  the  recommendation  of  the  minority leader of the
   49  senate, and one on the recommendation of  the  minority  leader  of  the
   50  assembly.  All  members shall serve at the pleasure of the governor, and
   51  vacancies shall be appointed in the same  manner  as  original  appoint-
   52  ments.  Members  of the commission shall serve without compensation, but
   53  shall be reimbursed for reasonable travel expenses. [In making  appoint-
   54  ments to the commission, the governor shall ensure that the interests of
       A. 6007                            101
    1  health  care  consumers,  small  businesses,  the  medical community and
    2  health plans are  represented  on  the  commission.]  THE  GOVERNOR  AND
    3  APPOINTING  MEMBERS  OF THE LEGISLATURE SHALL ENSURE THAT THE COMMISSION
    4  SHALL  INCLUDE  ONE REPRESENTATIVE AFFILIATED WITH EACH OF THE FOLLOWING
    5  GROUPS: (I) THE MEDICAL SOCIETY OF THE STATE OF NEW YORK; (II) THE  AFL-
    6  CIO;  (III)  HEALTH CARE FOR ALL NEW YORK; (IV) THE NEW YORK HEALTH PLAN
    7  ASSOCIATION; (V) THE CONSUMER'S UNION; AND (VI) THE AMERICAN ASSOCIATION
    8  OF RETIRED PERSONS.
    9    (b)(1) The purpose of the commission shall be to [analyze  the  impact
   10  on  health  insurance  costs  and  quality of proposed legislation which
   11  would mandate that health benefits be offered or made available in indi-
   12  vidual and group health insurance policies, contracts and  comprehensive
   13  health service plans, including legislation that affects the delivery of
   14  health  benefits or services or the reimbursement of health care provid-
   15  ers] ESTABLISH THE PROCESS  FOR  EVALUATING  PROPOSED  HEALTH  INSURANCE
   16  MANDATES  IN  ORDER  TO ENSURE THAT THE CITIZENS OF NEW YORK RECEIVE THE
   17  MOST MODERN HEALTH CARE TECHNOLOGIES AND PRACTICES AVAILABLE ON AN ONGO-
   18  ING BASIS.
   19    (2) BY SEPTEMBER FIRST OF THE YEAR TWO THOUSAND FIFTEEN,  THE  COMMIS-
   20  SION  SHALL  PRODUCE  AN  INITIAL  REPORT TO THE GOVERNOR, THE TEMPORARY
   21  PRESIDENT OF THE SENATE, AND TO THE SPEAKER OF THE ASSEMBLY TO  DESCRIBE
   22  THE  PROCESS  BY  WHICH,  IF AUTHORIZED IN STATUTE, NEW HEALTH INSURANCE
   23  MANDATES WOULD BE FUNDED AND IMPLEMENTED AND TO ESTABLISH A PROCESS  FOR
   24  DETERMINING  THE  NET  IMPACT  OF ANY BENEFIT MANDATES ON PREMIUMS. AT A
   25  MINIMUM, THE REPORT SHALL DESCRIBE THE METHOD BY WHICH, CONSISTENT  WITH
   26  THE  FEDERAL  PATIENT  PROTECTION  AND  AFFORDABLE CARE ACT, INSURERS OR
   27  POLICYHOLDERS ARE REIMBURSED FOR ANY PREMIUM INCREASES TRIGGERED BY SUCH
   28  NEW HEALTH INSURANCE MANDATES, AND THE MEANS BY WHICH NEW YORK STATE MAY
   29  FUND THESE NEW HEALTH INSURANCE MANDATES.
   30    [(2)] (3) The governor, the chair of the  senate  insurance  committee
   31  [and]  OR  the  chair of the assembly insurance committee may request in
   32  writing that the commission evaluate THE COST AND MEANS OF  IMPLEMENTING
   33  a  PARTICULAR  proposed mandated benefit. Upon receiving such a request,
   34  the commission [may, by a majority vote of its members,] SHALL undertake
   35  an evaluation of such proposed mandated benefit.
   36    [(3)] (4) In evaluating a proposed mandated  benefit,  the  commission
   37  shall:
   38    (A)  investigate  the current practices of health plans with regard to
   39  the proposed mandated benefit[, and, to the extent possible, self-funded
   40  health benefit plans];
   41    (B) investigate the potential premium impact of the proposed  mandated
   42  [benefits]  BENEFIT on all segments of the insurance market[, as well as
   43  the potential for avoided costs through early detection and treatment of
   44  conditions, or more cost-effective delivery  of  medical  services]  AND
   45  WHETHER THE MANDATE WOULD TRIGGER AN ASSUMPTION OF COSTS BY THE STATE AS
   46  DESCRIBED IN SECTION 10104 (E) (1) OF THE FEDERAL AFFORDABLE CARE ACT;
   47    (C)  STATE  WHETHER  SUCH  BENEFIT MAY BE IMPLEMENTED ACCORDING TO THE
   48  PROCESS DEVELOPED PURSUANT TO PARAGRAPH (2) OF SUBDIVISION (B)  OF  THIS
   49  SECTION; and
   50    [(C)]  (D)  analyze  the most current medical literature regarding the
   51  proposed mandated benefit to determine its impact on health care  quali-
   52  ty.
   53    [(4)]  (5)  In  evaluating a proposed mandated benefit, the commission
   54  may hold one or more public hearings, and shall strive to  obtain  inde-
   55  pendent  and  verifiable  information  from  diverse  sources within the
       A. 6007                            102
    1  healthcare industry, medical community and among health  care  consumers
    2  with regard to the proposed mandated benefit.
    3    (c) [To assist the commission in its duties, and upon the direction of
    4  the  commission,  the  superintendent is authorized to enter into one or
    5  more contracts with independent entities and organizations  with  demon-
    6  strable expertise in health care quality, finance, utilization and actu-
    7  arial  services.  For  the  purposes of this section, the superintendent
    8  shall not enter into contracts with health plans, entities or  organiza-
    9  tions  owned or controlled by health plans, or with significant business
   10  relationships with health plans.
   11    (d) Upon completion of its] WITHIN SIXTY DAYS  OF  A  REQUEST  FOR  AN
   12  evaluation  of a proposed mandated benefit pursuant to this section, the
   13  commission shall deliver a written [report of its findings]  IMPLEMENTA-
   14  TION PLAN to the chair of the assembly insurance committee and the chair
   15  of the senate insurance committee.
   16    S 2. This act shall take effect immediately.
   17                                   PART BB
   18    Section  1.  Section 215-b of the elder law, as added by section 27 of
   19  part A of chapter 58 of the laws of 2008, is amended to read as follows:
   20    S 215-b. Enriched social adult day services  [demonstration  project].
   21  1.  Legislative intent. Social adult day services programs are resources
   22  that  can  help  communities maintain the independence of [elderly resi-
   23  dents] FUNCTIONALLY IMPAIRED ADULTS.  The level of  services  needed  by
   24  some [elderly persons] FUNCTIONALLY IMPAIRED ADULTS exceeds the level of
   25  assistance  currently  available through social model adult day services
   26  programs but is not at the level of support provided  in  an  adult  day
   27  health  care  program.  Social adult day services programs cannot enroll
   28  new participants whose needs exceed the services that can be provided in
   29  the current social adult day services  programs.    Additionally,  these
   30  programs  must discharge current participants when their needs cannot be
   31  met. Therefore, an enriched social adult day services project  shall  be
   32  established  as  a demonstration project for the purposes of maintaining
   33  [elderly persons] FUNCTIONALLY  IMPAIRED  ADULTS  in  the  community  by
   34  deterring or delaying institutionalization.
   35    2.  Definitions.  For  purposes  of  this section, the following terms
   36  shall have the following meanings:
   37    (a) ["Elderly" or "elderly persons" shall mean persons who  are  sixty
   38  years of age or older.
   39    (b)]  "Eligible participant" shall mean [elderly or elderly persons as
   40  defined in this section,] INDIVIDUALS who are functionally impaired,  as
   41  defined  in  section  two  hundred fifteen of this title, and in need of
   42  services that exceed the level of assistance currently available through
   43  social adult day services programs but  not  at  the  level  of  support
   44  provided by adult day health care programs.
   45    [(c)]  (B)  "Eligible entity" shall mean any not-for-profit or govern-
   46  ment entity, including the governing body or council of an Indian tribal
   47  reservation, who has demonstrated to the office and  the  department  of
   48  health, based on criteria developed by the director and the commissioner
   49  of  health,  that  it  can  safely  provide either directly or through a
   50  contract with a licensed health care practitioner or licensed home  care
   51  provider  as  defined  in  section thirty-six hundred five of the public
   52  health law, social adult day care services as  defined  in  section  two
   53  hundred  fifteen  of this title, as well as additional allowable medical
       A. 6007                            103
    1  services as developed by the director and the  commissioner  of  health,
    2  and optional services as defined in this section.
    3    [(d)  "Enriched  social  adult  day services demonstration project" or
    4  "project" shall mean programs eligible under this section  that  provide
    5  all  of  the  services  currently required for social adult day services
    6  programs under section two hundred fifteen of this title in addition  to
    7  enriched services, and may include optional services.
    8    (e)]  (C)  "Enriched  services"  shall include the [provision of total
    9  assistance with toileting, mobility, transferring and eating;]  dispens-
   10  ing  of medications by a registered nurse; health education; counseling;
   11  case management; restorative therapies lasting less than six months  and
   12  maintenance  therapies.  [Total  assistance  with  toileting,  mobility,
   13  transferring and eating shall be provided under  the  supervision  of  a
   14  licensed  health  care  provider.] Restorative and maintenance therapies
   15  shall be provided by an appropriately licensed health care provider.
   16    [(f)] (D) "Optional services" shall mean  other  non-medical  services
   17  approved  by  the  director  designed  to improve the quality of life of
   18  eligible participants by extending their independence, avoiding unneces-
   19  sary hospital and nursing home  stays,  and  sustaining  their  informal
   20  supports.
   21    3.  [Demonstration  project.  The  director,  in  conjunction with the
   22  commissioner of health, is  authorized  and  directed  to  establish  an
   23  enriched  social  adult  day  services  demonstration  project  for  the
   24  purposes of testing innovative  ways  that  social  adult  day  services
   25  programs  can  successfully enable eligible participants to remain inde-
   26  pendent in their communities by deterring or delaying  institutionaliza-
   27  tion through the use of enriched services.
   28    4.]  Duties of the director. (a) The director, in conjunction with the
   29  commissioner of health, [may make up to twenty  grants  available  on  a
   30  competitive  basis  to eligible entities under this section. Such grants
   31  may be available for  up  to  two  hundred  thousand  dollars  for  each
   32  enriched  social  adult  day services demonstration project and shall be
   33  for up to one hundred percent of  allowable  expenditures  for  approved
   34  services  and  expenses under this section] SHALL DEVELOP AN APPLICATION
   35  PROCESS WHEREBY ELIGIBLE  ENTITIES  MAY  APPLY  FOR  APPROVAL  TO  OFFER
   36  ENRICHED  SERVICES,  OPTIONAL  SERVICES, OR BOTH. SUCH APPLICATION SHALL
   37  INCLUDE, BUT NOT BE LIMITED TO:
   38    (1) AN ESTIMATE OF THE NUMBER OF ELIGIBLE  PARTICIPANTS  TO  WHOM  THE
   39  ELIGIBLE  ENTITY  COULD  EFFECTIVELY PROVIDE THE SERVICES FOR WHICH THEY
   40  ARE APPLYING TO OFFER PURSUANT TO THIS SECTION; AND
   41    (2) A PLAN UNDER WHICH THE ELIGIBLE ENTITY WOULD  OFFER  THE  SERVICES
   42  FOR WHICH THEY ARE APPLYING PURSUANT TO THIS SECTION.
   43    (b) In [making grants] CONSIDERING APPLICATIONS MADE PURSUANT TO PARA-
   44  GRAPH  (A)  OF  THIS  SUBDIVISION, the director, in conjunction with the
   45  commissioner of health, may consider:
   46    (1) [projects] ELIGIBLE ENTITIES that can effectively  serve  eligible
   47  participants residing in rural, urban, or suburban settings;
   48    (2)  [projects]  ELIGIBLE  ENTITIES  that effectively serve culturally
   49  diverse populations;
   50    (3) [projects] ELIGIBLE ENTITIES that demonstrate  innovative  use  of
   51  technology, coordination, partnerships, transportation or other services
   52  to enable eligible participants to be effectively served; AND
   53    (4)  [the capacity of the eligible entity to identify eligible partic-
   54  ipants for enriched adult day services demonstration projects; and
   55    (5)] any other criteria determined to be appropriate.
       A. 6007                            104
    1    [5.] 4. Evaluation. On  or  before  January  thirtieth,  two  thousand
    2  [eleven]  SIXTEEN,  the director shall provide the governor, the speaker
    3  of the assembly, the temporary president of the senate, and  the  chair-
    4  persons  of  the  assembly and senate aging and health committees with a
    5  written  evaluation  of  the  program.  The evaluation shall examine the
    6  effectiveness of the project in  forestalling  institutional  placement,
    7  the  costs of providing enriched services in a day care setting, partic-
    8  ipant satisfaction  and  program  quality,  and  identification  of  the
    9  program design elements necessary for successful replication.
   10    [6.  Funds.]  5.    GRANTS.  (A) THE DIRECTOR, IN CONJUNCTION WITH THE
   11  COMMISSIONER OF HEALTH, MAY, WITHIN AMOUNTS APPROPRIATED THEREFOR,  MAKE
   12  UP  TO  TWENTY GRANTS AVAILABLE ON A COMPETITIVE BASIS TO ELIGIBLE ENTI-
   13  TIES UNDER THIS SECTION. SUCH GRANTS MAY BE  AVAILABLE  FOR  UP  TO  TWO
   14  HUNDRED  THOUSAND  DOLLARS FOR EACH ELIGIBLE ENTITY AND SHALL BE FOR ONE
   15  HUNDRED PERCENT OF ALLOWABLE  EXPENDITURES  FOR  APPROVED  SERVICES  AND
   16  EXPENSES UNDER THIS SECTION.
   17    (B)  IN  MAKING  GRANTS, THE DIRECTOR, IN CONJUNCTION WITH THE COMMIS-
   18  SIONER OF HEALTH, MAY CONSIDER THE CRITERIA ESTABLISHED  UNDER  SUBDIVI-
   19  SION THREE OF THIS SECTION.
   20    (C)  Funds  made  available  under  this  [section]  SUBDIVISION shall
   21  supplement and not supplant any federal, state, or local funds  expended
   22  by  any  entity, including a unit of general purpose local government or
   23  not-for-profit, to provide services under this section. Funds under this
   24  [section] SUBDIVISION cannot pay for individuals who are eligible  under
   25  title nineteen of the federal social security act.
   26    S  2. Section 32 of part A of chapter 58 of the laws of 2008, amending
   27  the elder law and other laws relating  to  reimbursement  to  particular
   28  provider  pharmacies  and  prescription  drug  coverage,  as  amended by
   29  section 37 of part A of chapter 60 of the laws of 2014,  is  amended  to
   30  read as follows:
   31    S  32.  This  act shall take effect immediately and shall be deemed to
   32  have been in full force and effect on and after April 1, 2008;  provided
   33  however,  that  sections  one, six-a, nineteen, twenty, twenty-four, and
   34  twenty-five of this act shall take effect July 1, 2008; provided however
   35  that sections sixteen, seventeen and eighteen of this act  shall  expire
   36  April  1,  2017;  provided, however, that the amendments made by section
   37  twenty-eight of this act shall take effect on the same date as section 1
   38  of chapter 281 of the laws of 2007 takes effect; provided further,  that
   39  sections  twenty-nine,  thirty,  and  thirty-one  of this act shall take
   40  effect October 1, 2008; provided further, that section  twenty-seven  of
   41  this  act shall take effect January 1, 2009; [and provided further, that
   42  section twenty-seven of this act shall expire  and  be  deemed  repealed
   43  March  31, 2015;] and provided, further, however, that the amendments to
   44  subdivision 1 of section 241 of the education law made by section  twen-
   45  ty-nine  of this act shall not affect the expiration of such subdivision
   46  and shall be deemed to expire therewith and provided that the amendments
   47  to section 272 of the public health law made by section thirty  of  this
   48  act  shall  not  affect  the  repeal of such section and shall be deemed
   49  repealed therewith.
   50    S 3. This act shall take effect immediately.
   51                                   PART CC
   52    Section 1. Section 13.17 of the  mental  hygiene  law  is  amended  by
   53  adding a new subdivision (d) to read as follows:
       A. 6007                            105
    1    (D)  1. THE COMMISSIONER SHALL ENSURE FOR CONTINUITY OF CARE FOR INDI-
    2  VIDUALS WITH A DEVELOPMENTAL DISABILITY TRANSITIONING TO  LESS  RESTRIC-
    3  TIVE  SETTINGS  PURSUANT  TO  ANY  CLOSURE, CONSOLIDATION, MERGER OR ANY
    4  OTHER ACTION  THAT  DIMINISHES  CURRENT  STATE  OPERATED  SERVICES.  THE
    5  COMMISSIONER SHALL ENSURE THAT INDIVIDUALS WITH A DEVELOPMENTAL DISABIL-
    6  ITY  SO AFFECTED ARE GIVEN THE OPTION OF TRANSITIONING TO STATE OPERATED
    7  SERVICES WITHIN THE  DEVELOPMENTALLY  DISABLED  SERVICE  OFFICES  REGION
    8  WHERE THEY ARE CURRENTLY RECEIVING SERVICES. IF NO SUCH STATE SERVICE AS
    9  REQUESTED  BY  THE  INDIVIDUALS WITH A DEVELOPMENTAL DISABILITY OR THEIR
   10  PARENT, GUARDIAN OR ADVOCATE ARE AVAILABLE THEN  SUCH  INDIVIDUAL  SHALL
   11  REMAIN  IN  THE FACILITY OR RESIDENCE UNTIL SAID SERVICES ARE AVAILABLE.
   12  THE COMMISSIONER SHALL DOCUMENT EACH OFFER OF  STATE  OPERATED  OPPORTU-
   13  NITIES AND SHALL RETAIN A RECORD OF THE SERVICES OFFERED.
   14    2. IN THE EVENT NO SERVICES DESIRED BY THE INDIVIDUALS THAT ARE DEVEL-
   15  OPMENTALLY  DISABLED  ARE EITHER AVAILABLE OR EXIST WITHIN CURRENT STATE
   16  OPERATED SERVICES, THE OFFICE SHALL RECORD THE NAME, PARENT, GUARDIAN OR
   17  ADVOCATE AND SERVICES THEY ARE SEEKING. THE COMMISSIONER SHALL DEVELOP A
   18  RECORD OF SERVICES FOR STATE OPERATED SUPPORTIVE PLACEMENT OPTIONS  THAT
   19  ARE NOT AVAILABLE WITH A PLAN TO ADDRESS THE UNMET NEEDS FOR THE FOLLOW-
   20  ING  FISCAL  YEAR. SUCH COMMISSIONER SHALL SUBMIT THE PLAN TO THE TEMPO-
   21  RARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE  ASSEMBLY  NO  LATER
   22  THAN DECEMBER THIRTY-FIRST OF EACH YEAR.
   23    S 2. This act shall take effect immediately.
   24                                   PART DD
   25    Section  1. Subdivision 1 of section 364-i of the social services law,
   26  as amended by chapter 693 of the laws of 1996, is  amended  to  read  as
   27  follows:
   28    1.  (A)  An individual, upon application for medical assistance, shall
   29  be presumed eligible for such assistance for a period of sixty days from
   30  the date of transfer from a general  hospital,  as  defined  in  section
   31  twenty-eight  hundred  one  of the public health law to a certified home
   32  health agency or long term home  health  care  program,  as  defined  in
   33  section thirty-six hundred two of the public health law, or to a hospice
   34  as  defined in section four thousand two of the public health law, or to
   35  a residential health care facility as defined  in  section  twenty-eight
   36  hundred  one of the public health law, if the local department of social
   37  services determines that the  applicant  meets  each  of  the  following
   38  criteria: [(a)] (I) the applicant is receiving acute care in such hospi-
   39  tal;  [(b)]  (II)  a  physician  certifies that such applicant no longer
   40  requires acute hospital care, but still requires medical care which  can
   41  be  provided  by  a  certified home health agency, long term home health
   42  care program, hospice or residential health care facility;  [(c)]  (III)
   43  the  applicant  or his representative states that the applicant does not
   44  have insurance coverage for the required medical care and that such care
   45  cannot be afforded; [(d)] (IV) it reasonably appears that the  applicant
   46  is  otherwise  eligible  to  receive  medical  assistance;  [(e)] (V) it
   47  reasonably appears that the amount expended by the state and  the  local
   48  social  services  district  for  medical  assistance in a certified home
   49  health agency, long term home health care program, hospice  or  residen-
   50  tial  health  care  facility, during the period of presumed eligibility,
   51  would be less than the amount the state and the  local  social  services
   52  district would expend for continued acute hospital care for such person;
   53  and  [(f)] (VI) such other determinative criteria as the commissioner OF
   54  HEALTH shall provide by rule or regulation. If a person has been  deter-
       A. 6007                            106
    1  mined  to  be presumptively eligible for medical assistance, pursuant to
    2  this subdivision, and is subsequently determined to  be  ineligible  for
    3  such  assistance, the commissioner OF HEALTH, on behalf of the state and
    4  the  local  social  services district shall have the authority to recoup
    5  from the individual the sums expended for  such  assistance  during  the
    6  period of presumed eligibility.
    7    (B)  AN  INDIVIDUAL, UPON APPLICATION FOR MEDICAL ASSISTANCE, SHALL BE
    8  PRESUMED ELIGIBLE FOR SUCH ASSISTANCE FOR A PERIOD OF  SIXTY  DAYS  FROM
    9  THE  DATE  OF  RELEASE  FROM A STATE CORRECTIONAL FACILITY AS DEFINED IN
   10  PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION TWO OF THE  CORRECTION  LAW
   11  OR A LOCAL CORRECTIONAL FACILITY AS DEFINED IN PARAGRAPH (A) OF SUBDIVI-
   12  SION  SIXTEEN OF SECTION TWO OF THE CORRECTION LAW. IF A PERSON HAS BEEN
   13  DETERMINED TO BE PRESUMPTIVELY ELIGIBLE FOR MEDICAL ASSISTANCE, PURSUANT
   14  TO THIS SUBDIVISION, AND IS SUBSEQUENTLY DETERMINED TO BE INELIGIBLE FOR
   15  SUCH ASSISTANCE, THE COMMISSIONER OF HEALTH, ON BEHALF OF THE STATE  AND
   16  THE  LOCAL  SOCIAL  SERVICES DISTRICT SHALL HAVE THE AUTHORITY TO RECOUP
   17  FROM THE INDIVIDUAL THE SUMS EXPENDED FOR  SUCH  ASSISTANCE  DURING  THE
   18  PERIOD OF PRESUMED ELIGIBILITY.
   19    S  2.  Subdivision  1  of  section 368-a of the social services law is
   20  amended by adding a new paragraph (aa) to read as follows:
   21    (AA) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW,  REIMBURSEMENT
   22  BY  THE  STATE FOR PAYMENTS MADE, WHETHER BY THE DEPARTMENT OF HEALTH ON
   23  BEHALF OF A LOCAL SOCIAL SERVICES DISTRICT  PURSUANT  TO  SECTION  THREE
   24  HUNDRED  SIXTY-SEVEN-B  OF  THIS  TITLE  OR  BY  A LOCAL SOCIAL SERVICES
   25  DISTRICT DIRECTLY, FOR MEDICAL ASSISTANCE  FURNISHED  TO  AN  INDIVIDUAL
   26  PRESUMED ELIGIBLE FOR MEDICAL ASSISTANCE UNDER PARAGRAPH (B) OF SUBDIVI-
   27  SION ONE OF SECTION THREE HUNDRED SIXTY-FOUR-I OF THIS TITLE, DURING THE
   28  PRESUMPTIVE  ELIGIBILITY  PERIOD,  SHALL  BE  MADE  FOR  THE FULL AMOUNT
   29  EXPENDED FOR SUCH ASSISTANCE, AFTER FIRST DEDUCTING THEREFROM ANY FEDER-
   30  AL FUNDS PROPERLY RECEIVED OR TO BE RECEIVED ON ACCOUNT OF SUCH EXPENDI-
   31  TURE.
   32    S 3. This act shall take effect immediately.
   33                                   PART EE
   34    Section 1. The mental hygiene law is amended by adding a  new  section
   35  7.46 to read as follows:
   36  S 7.46 MENTAL HEALTH CRISIS INTERVENTION DEMONSTRATION PROGRAM.
   37    (A)  PROGRAM.  (1)  THE  COMMISSIONER  SHALL ESTABLISH A MENTAL HEALTH
   38  CRISIS INTERVENTION DEMONSTRATION PROGRAM FOR THE PURPOSE  OF  ASSISTING
   39  LAW  ENFORCEMENT  OFFICERS  IN RESPONDING TO CRISIS SITUATIONS INVOLVING
   40  PERSONS WITH MENTAL ILLNESS.
   41    (2) THE COMMISSIONER SHALL ESTABLISH WITHIN THE OFFICE THE POSITION OF
   42  MENTAL HEALTH CRISIS INTERVENTION TEAM TRAINING PROGRAM COORDINATOR  WHO
   43  WILL  SERVE  AT THE PLEASURE OF THE COMMISSIONER AND WHO SHALL WORK WITH
   44  ANY LAW ENFORCEMENT AGENCY IN THE STATE THAT IS  A  PARTICIPANT  IN  THE
   45  DEMONSTRATION  PROGRAM  ESTABLISHED PURSUANT TO THIS SECTION OR REQUESTS
   46  ASSISTANCE TO COORDINATE  THE  PROVISION  OF  CRISIS  INTERVENTION  TEAM
   47  TRAINING TO ITS FIRST RESPONDERS AS PART OF SPECIALIZED RESPONSE TEAM OR
   48  AS PART OF THE TRAINING FOR FIRST RESPONDERS.
   49    (3) THE CRISIS INTERVENTION TEAM TRAINING PROGRAM COORDINATOR SHALL:
   50    (I)  WORK  WITH COMMUNITIES TO DEVELOP PARTNERSHIPS, COORDINATE ACTIV-
   51  ITIES AND PROMOTE COOPERATION AND COLLABORATION BETWEEN THE OFFICE,  LAW
   52  ENFORCEMENT AGENCIES, COMMUNITY BASED MENTAL HEALTH TREATMENT PROVIDERS,
   53  AND  PEOPLE WITH PSYCHIATRIC OR OTHER DISABILITIES AND THEIR FAMILIES TO
   54  PROVIDE CRISIS INTERVENTION TEAM TRAINING;
       A. 6007                            107
    1    (II) PROVIDE SUPPORT, TRAINING AND COMMUNITY COORDINATION  TO  FACILI-
    2  TATE  RELATIONSHIPS  AND  COLLABORATIVE  EFFORTS  BETWEEN  MENTAL HEALTH
    3  SERVICE PROVIDERS IN THE COMMUNITY AND LAW ENFORCEMENT AGENCIES;
    4    (III)  PROVIDE ASSISTANCE AS DEEMED APPROPRIATE BY THE COMMISSIONER IN
    5  ESTABLISHING AND IMPLEMENTING THE CRISIS INTERVENTION TEAMS  UNDER  THIS
    6  PROGRAM; AND
    7    (IV)  SUBMIT  A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
    8  SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE  NOVEMBER  FIFTEENTH
    9  OF EACH YEAR THAT CONTAINS THE FOLLOWING:
   10    (A) A REVIEW OF ALL LAW ENFORCEMENT AGENCIES THAT HAVE PROVIDED CRISIS
   11  INTERVENTION  TEAM TRAINING TO THEIR OFFICERS AND THE NUMBER OF OFFICERS
   12  THAT HAVE COMPLETED THE TRAINING;
   13    (B) A LIST OF COMMUNITIES IN THIS  STATE  THAT  HAVE  IMPLEMENTED  THE
   14  CRISIS  INTERVENTION  TEAM TRAINING PROGRAM THROUGH TRAINING AND COORDI-
   15  NATION, INCLUDING THE LENGTH OF IMPLEMENTATION AND CURRENT STATUS OF THE
   16  PROGRAM;
   17    (C) THE NUMBER OF RESPONSES MADE  BY  EACH  CRISIS  INTERVENTION  TEAM
   18  INVOLVING  AN INDIVIDUAL SUSPECTED OF EXPERIENCING A CRISIS RELATED TO A
   19  MENTAL HEALTH DIAGNOSIS AND THE OUTCOME OF SUCH INTERACTION;
   20    (D) AN ANALYSIS OF THE GOALS DESCRIBED UNDER PARAGRAPH TWO OF SUBDIVI-
   21  SION (B) OF THIS SECTION AND ANY RECOMMENDATIONS ON HOW OUTCOMES MAY  BE
   22  IMPROVED;
   23    (E)  RECOMMENDATIONS  FOR  IMPROVEMENT IN THE COMMUNITY BASED PARTNER-
   24  SHIPS THAT SUPPORT CRISIS INTERVENTION TEAM RESPONSES; AND
   25    (F) RECOMMENDATIONS FOR IMPROVEMENT IN THE LAW ENFORCEMENT AND  PUBLIC
   26  SAFETY AGENCIES THAT PROVIDE CRISIS INTERVENTION TEAM RESPONSES.
   27    (B)  CRISIS  INTERVENTION  TEAMS. (1) THE COMMISSIONER IN CONSULTATION
   28  WITH THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL:
   29    (I) ESTABLISH CRITERIA FOR  THE  DEVELOPMENT  OF  CRISIS  INTERVENTION
   30  TEAMS; AND
   31    (II)  ESTABLISH, AND IMPLEMENT ON AN ONGOING BASIS, A TRAINING PROGRAM
   32  FOR ALL CURRENT AND NEW EMPLOYEES REGARDING THE POLICIES AND  PROCEDURES
   33  ESTABLISHED PURSUANT TO THIS SECTION.
   34    (2)  THE  GOALS  OF THE CRISIS INTERVENTION TEAM PROGRAM SHALL INCLUDE
   35  BUT NOT BE LIMITED TO:
   36    (I) PROVIDING IMMEDIATE RESPONSE BY SPECIFICALLY TRAINED LAW  ENFORCE-
   37  MENT OFFICERS;
   38    (II) REDUCE THE LIKELIHOOD OF PHYSICAL CONFRONTATION;
   39    (III)  IDENTIFY  UNDERSERVED POPULATIONS WITH MENTAL ILLNESS AND REFER
   40  THEM TO APPROPRIATE CARE;
   41    (IV) DECREASE THE USE OF ARREST AND DETENTION OF PERSONS  EXPERIENCING
   42  MENTAL HEALTH CRISES BY PROVIDING BETTER ACCESS TO TIMELY TREATMENT;
   43    (V)  PROVIDE  THERAPEUTIC  LOCATIONS OR PROTOCOL FOR OFFICERS TO BRING
   44  INDIVIDUALS IN CRISIS FOR ASSESSMENT THAT IS NOT AN  INPATIENT  HOSPITAL
   45  SETTING, LAW ENFORCEMENT OR JAIL FACILITY; AND
   46    (VI)  DECREASE  INJURIES  TO  LAW  ENFORCEMENT  OFFICERS DURING CRISIS
   47  EVENTS.
   48    (3) OTHER STATE AGENCIES SHALL PROVIDE COOPERATION AND  ASSISTANCE  TO
   49  THE PROGRAM TO ASSIST IN THE EFFECTIVE PERFORMANCE OF ITS DUTIES.
   50    S 2. The mental hygiene law is amended by adding a new section 7.47 to
   51  read as follows:
   52  S 7.47 INPATIENT DIVERSION PROGRAM.
   53    (A)  A LOCAL GOVERNMENTAL UNIT MAY APPLY TO ESTABLISH OR SEEK APPROVAL
   54  OF AN EXISTING INPATIENT  DIVERSION  PROGRAM,  IN  ACCORDANCE  WITH  THE
   55  PROVISIONS OF THIS SECTION.
       A. 6007                            108
    1    (B)  THE COMMISSIONER MAY APPROVE AN INPATIENT DIVERSION PROGRAM IF HE
    2  OR SHE DETERMINES THAT:
    3    (I)  SUCH  PROGRAM  IS  LOCATED  IN A FACILITY CERTIFIED UNDER ARTICLE
    4  THIRTY-ONE OF THIS CHAPTER, OR CO-LOCATED IN A HOSPITAL CERTIFIED  UNDER
    5  ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW;
    6    (II)  THE  PRIMARY  GOAL  OF  THE  PROGRAM IS TO DIVERT INDIVIDUALS IN
    7  MENTAL HEALTH CRISIS FROM INPATIENT HOSPITALIZATION;
    8    (III) THE PROGRAM HAS A MULTIDISCIPLINARY  TEAM  EQUIPPED  TO  PROVIDE
    9  APPROPRIATE SERVICES TO INDIVIDUALS IN MENTAL HEALTH CRISIS; AND
   10    (IV)  THE  PROGRAM MEETS ANY OTHER REQUIREMENTS THE COMMISSIONER DEEMS
   11  NECESSARY TO ENSURE THE DELIVERY OF APPROPRIATE SERVICES TO  INDIVIDUALS
   12  IN MENTAL HEALTH CRISIS.
   13    (C)  APPROVAL  OF  A  PROGRAM  UNDER THIS SECTION SHALL CONTINUE FOR A
   14  PERIOD OF TWO YEARS, UNLESS THE COMMISSIONER SEEKS  TO  DISCONTINUE  THE
   15  APPROVAL  OF A PROGRAM FOR GOOD CAUSE. THE LOCAL GOVERNMENTAL UNIT SHALL
   16  HAVE NOTICE AND AN OPPORTUNITY TO BE HEARD ON SUCH DISCONTINUANCE.  GOOD
   17  CAUSE SHALL INCLUDE, BUT NOT BE LIMITED TO, THE INABILITY OF THE PROGRAM
   18  TO  CONTINUE  TO CARE FOR PEOPLE IN MENTAL HEALTH CRISIS AS EVIDENCED BY
   19  THE FAILURE TO MEET THE REQUIREMENTS IN SUBDIVISION (B) OF THIS SECTION.
   20    (D) THE LOCAL GOVERNMENTAL UNIT SHALL REAPPLY FOR APPROVAL OF AN INPA-
   21  TIENT DIVERSION PROGRAM EVERY TWO YEARS. SUCH APPLICATION SHALL  CONTAIN
   22  THE FOLLOWING INFORMATION:
   23    (I) THE NUMBER OF INDIVIDUALS TREATED;
   24    (II)  THE  NUMBER  OF INDIVIDUALS DIVERTED FROM INPATIENT HOSPITALIZA-
   25  TION;
   26    (III) THE NUMBER OF INDIVIDUALS HOSPITALIZED;
   27    (IV) THE NUMBER OF INDIVIDUALS LINKED TO SERVICES; AND
   28    (V) ANY OTHER INFORMATION THE COMMISSIONER DEEMS NECESSARY TO EVALUATE
   29  THE EFFECTIVENESS OF THE PROGRAM.
   30    (E) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
   31  OR LOCAL LAW, AN AMBULANCE SERVICE AS  DEFINED  BY  SUBDIVISION  TWO  OF
   32  SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW AND ANY MEMBER THER-
   33  EOF  WHO  IS  AN  EMERGENCY  MEDICAL TECHNICIAN OR AN ADVANCED EMERGENCY
   34  MEDICAL TECHNICIAN TRANSPORTING A PERSON TO A HOSPITAL AS AUTHORIZED  BY
   35  THIS  SECTION, ANY PEACE OFFICERS, WHEN ACTING PURSUANT TO THEIR SPECIAL
   36  DUTIES, ANY POLICE OFFICERS, WHO ARE MEMBERS  OF  AN  AUTHORIZED  POLICE
   37  DEPARTMENT  OR  FORCE  OR  OF A SHERIFF'S DEPARTMENT, AND ANY MEMBERS OF
   38  MOBILE CRISIS OUTREACH TEAMS APPROVED BY THE  COMMISSIONER  PURSUANT  TO
   39  SECTION 9.58 OF THIS CHAPTER, WHO ARE TAKING INTO CUSTODY AND TRANSPORT-
   40  ING  A  PERSON  TO  AN  INPATIENT  DIVERSION PROGRAM APPROVED UNDER THIS
   41  SECTION, AND ANY EMPLOYEE OF A LICENSED COMPREHENSIVE PSYCHIATRIC  EMER-
   42  GENCY  PROGRAM, SPECIALLY TRAINED IN ACCORDANCE WITH STANDARDS DEVELOPED
   43  BY THE COMMISSIONER, WHO TRANSPORTS A PERSON TO A HOSPITAL, SHALL NOT BE
   44  LIABLE FOR DAMAGES FOR INJURIES ALLEGED TO HAVE BEEN SUSTAINED  BY  SUCH
   45  PERSON  OR  FOR  THE  DEATH  OF  SUCH PERSON ALLEGED TO HAVE OCCURRED BY
   46  REASON OF AN ACT OR OMISSION PROVIDED THAT SUCH EMERGENCY MEDICAL  TECH-
   47  NICIAN,  ADVANCED  EMERGENCY  MEDICAL  TECHNICIAN, PEACE OFFICER, POLICE
   48  OFFICER, MOBILE  CRISIS  OUTREACH  TEAM  MEMBER,  OR  SPECIALLY  TRAINED
   49  EMPLOYEE OF A LICENSED COMPREHENSIVE PSYCHIATRIC EMERGENCY PROGRAM ACTED
   50  REASONABLY AND IN GOOD FAITH. NOTHING IN THIS SECTION SHALL BE DEEMED TO
   51  RELIEVE  OR ALTER THE LIABILITY OF ANY SUCH AMBULANCE SERVICE OR MEMBERS
   52  THEREOF, PEACE OFFICERS, POLICE OFFICERS OR SPECIALLY TRAINED  EMPLOYEES
   53  OF A LICENSED COMPREHENSIVE PSYCHIATRIC EMERGENCY PROGRAM FOR DAMAGES OR
   54  INJURIES OR DEATH ARISING OUT OF THE OPERATION OF MOTOR VEHICLES.
   55    S 3. This act shall take effect immediately.
       A. 6007                            109
    1                                   PART FF
    2    Section  1.  Section  13.15  of  the  mental hygiene law is amended by
    3  adding a new subdivision (c) to read as follows:
    4    (C) SUBJECT TO AVAILABLE  APPROPRIATIONS  THEREFOR,  THE  COMMISSIONER
    5  SHALL CONDUCT A GEOGRAPHIC ANALYSIS OF SUPPORTS AND SERVICES IN COMMUNI-
    6  TY SETTINGS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES. THIS ANALY-
    7  SIS  SHALL  ALSO IDENTIFY GAPS BETWEEN REQUIRED SUPPORTS AND SERVICES BY
    8  REGION OF THE STATE.
    9    (1) IN ORDER TO PERFORM THE GEOGRAPHIC ANALYSIS OR TO GATHER DATA  FOR
   10  PURPOSES  OF  PERFORMING  THE  GEOGRAPHIC ANALYSIS, THE COMMISSIONER MAY
   11  WORK IN COOPERATION AND AGREEMENT WITH  OTHER  OFFICES,  DEPARTMENTS  OR
   12  AGENCIES  OF  THE STATE, LOCAL OR FEDERAL GOVERNMENT, OR OTHER ORGANIZA-
   13  TIONS AND INDIVIDUALS, WHICH  MAY  INCLUDE  PROVIDERS  OF  SERVICES  FOR
   14  PERSONS  WITH  DEVELOPMENTAL DISABILITIES, REPRESENTATIVES FROM EMPLOYEE
   15  ORGANIZATIONS REPRESENTING DIRECT CARE WORKERS, CONSUMER REPRESENTATIVES
   16  INCLUDING PERSONS WITH DEVELOPMENTAL DISABILITIES, OR THEIR  PARENTS  OR
   17  GUARDIANS.
   18    (2)  SUCH  ANALYSIS SHOULD INCLUDE BUT NOT BE LIMITED TO THE STATEWIDE
   19  NUMBER OF INDIVIDUALS SEEKING SERVICES, INCLUDING THOSE AWAITING  PLACE-
   20  MENT  AND  SHALL  BE ORGANIZED BY THE TOTAL NUMBER OF INDIVIDUALS WITHIN
   21  EACH REGIONAL OFFICE'S SERVICE GEOGRAPHIC AREA WHO ARE AWAITING RESIDEN-
   22  TIAL PLACEMENT, DAY SERVICE SUPPORT,  HOME  AND  COMMUNITY-BASED  WAIVER
   23  SUPPORT, EMPLOYMENT SUPPORT, BEHAVIORAL HEALTH SERVICES AND SUPPORTS, OR
   24  OTHER COMMUNITY-BASED SUPPORT.  SUCH ANALYSIS INFORMATION SHOULD ALSO BE
   25  CATEGORIZED BY THE AGE OF THE INDIVIDUAL AWAITING COMMUNITY SERVICES AND
   26  SUPPORTS  AND  THE  AGE OF THEIR CAREGIVER, IF ANY, AND INCLUDE WAITLIST
   27  AND PLACEMENT INFORMATION SUCH AS:
   28    (I) THE TYPE OF SUPPORTS AND SERVICES SUCH INDIVIDUALS ARE EXPECTED TO
   29  REQUIRE  DIVIDED  INTO  CERTIFIED  OUT-OF-HOME,  SUPERVISED,  SUPPORTIVE
   30  PLACEMENT  NEEDS  AND  OTHER  NON-PLACEMENT NEEDS AND THE NUMBER OF SUCH
   31  PERSONS WHO ARE MEDICALLY FRAIL REQUIRING INTENSIVE MEDICAL CARE;
   32    (II) NON-CERTIFIED RESIDENTIAL  PLACEMENTS  OUTSIDE  THE  PARENT'S  OR
   33  PARENTS' OR OTHER CAREGIVER'S HOME;
   34    (III) THE NUMBER OF INDIVIDUALS EXPECTED TO REQUIRE HOME AND COMMUNITY
   35  SERVICES WAIVER-FUNDED HABILITATION SERVICES AT HOME;
   36    (IV)  THE  TOTAL NUMBER OF INDIVIDUALS, WHO HAVE BEEN IDENTIFIED AS IN
   37  NEED OF SUPPORTS AND SERVICES  WHO  HAVE  RECEIVED  THESE  SUPPORTS  AND
   38  SERVICES  AND  ANY  GAP  BETWEEN  REQUIRED SUPPORTS AND SERVICES AND THE
   39  SUPPORTS AND SERVICES PROVIDED;
   40    (V) THE NUMBER OF EMERGENCY NEED RESIDENTIAL PLACEMENTS FOR  THE  PAST
   41  YEAR AND OTHER SUPPORTS AND SERVICES PROVIDED ON AN EMERGENCY BASIS;
   42    (VI)  THE  NUMBER  OF INDIVIDUALS WHO ARE CURRENTLY RECEIVING SUPPORTS
   43  AND SERVICES, INCLUDING RESIDENTIAL SERVICES, WHOSE CURRENT LIVING SITU-
   44  ATION IS NOT ADEQUATE TO MEET THEIR NEEDS AND WHO ARE AWAITING AN ALTER-
   45  NATIVE PLACEMENT OR ALTERNATIVE SUPPORT AND SERVICE DELIVERY OPTIONS;
   46    (VII) PROJECTED FUNDING REQUIREMENTS FOR INDIVIDUALS IDENTIFIED AS  IN
   47  NEED OF SERVICES PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH;
   48    (VIII) AN UPDATED FIVE YEAR PROJECTION OF INDIVIDUALS WHO WILL REQUIRE
   49  ADDITIONAL  IN-HOME SUPPORTS AND SERVICES AND/OR OUT-OF-HOME RESIDENTIAL
   50  PLACEMENTS; AND
   51    (IX) ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER.
   52    (3) THE COMMISSIONER SHALL PREPARE ANNUALLY FOR THE GOVERNOR  AND  THE
   53  LEGISLATURE  A  WRITTEN  EVALUATION  REPORT  CONCERNING  THE DELIVERY OF
   54  SUPPORTS AND SERVICES IN THE COMMUNITY,  INCLUDING  THE  AGGREGATE  DATA
   55  COLLECTED  PURSUANT  TO  THIS  SECTION. ON OR BEFORE DECEMBER FIRST EACH
       A. 6007                            110
    1  YEAR, THE COMMISSIONER SHALL SUBMIT A COPY  OF  SUCH  REPORT,  AND  SUCH
    2  RECOMMENDATION  AS  HE  OR  SHE  DEEMS APPROPRIATE, TO THE GOVERNOR, THE
    3  TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND  THE
    4  RESPECTIVE  MINORITY  LEADERS  OF EACH SUCH HOUSE. THE FIRST SUCH REPORT
    5  SHALL BE DUE BY NO LATER THAN MARCH FIRST,  TWO  THOUSAND  SIXTEEN.  THE
    6  REPORT SHALL ALSO BE MADE AVAILABLE TO THE PUBLIC AND SHALL BE PUBLISHED
    7  ON  THE  OFFICE'S WEBSITE IN AN APPROPRIATE LOCATION AT THE SAME TIME AS
    8  ITS SUBMISSION TO STATE OFFICIALS.
    9    S 2. This act shall take effect immediately.
   10                                   PART GG
   11    Section 1. The mental hygiene law is amended by adding a  new  section
   12  13.42 to read as follows:
   13  S 13.42 TRANSFORMATION WORKGROUP.
   14    1.  THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
   15  BILITIES SHALL ESTABLISH A TRANSFORMATION WORKGROUP FOR THE  PURPOSE  OF
   16  DEVELOPING  A TRANSFORMATION PLAN WHICH WILL INCLUDE RECOMMENDATIONS AND
   17  STRATEGIES FOR MAINTAINING THE FISCAL VIABILITY OF SERVICE  AND  SUPPORT
   18  DELIVERY  SYSTEM  FOR  PERSONS  WITH DISABILITIES AND INCLUDE STRATEGIES
   19  THAT WILL ENABLE THE OFFICE TO COMPLY WITH  FEDERAL  AND  STATE  SERVICE
   20  DELIVERY REQUIREMENTS AND PROVIDE APPROPRIATE LEVELS OF CARE.
   21    2.  THE WORKGROUP SHALL BE COMPRISED OF THE COMMISSIONER OR HIS OR HER
   22  DESIGNEE; ORGANIZATIONS OR ASSOCIATIONS WHICH REPRESENT THE INTERESTS OF
   23  PERSONS WITH DISABILITIES, WHICH  MAY  INCLUDE  PROVIDERS  OF  SERVICES,
   24  CONSUMER  REPRESENTATIVES,  ADVOCACY  GROUPS, PERSONS WITH DEVELOPMENTAL
   25  DISABILITIES OR THEIR PARENTS OR GUARDIANS; AND AT THE DISCRETION OF THE
   26  COMMISSIONER ANY OTHER INDIVIDUAL,  ENTITY,  OR  STATE  AGENCY  ABLE  TO
   27  SUPPORT  THE  WORKGROUP  IN  COMPLETING  ITS  TASKS DESCRIBED UNDER THIS
   28  SECTION.
   29    3. WORKGROUP MEMBERS SHALL RECEIVE NO COMPENSATION FOR THEIR  SERVICES
   30  AS MEMBERS OF THE WORKGROUP, BUT MAY BE REIMBURSED FOR ACTUAL AND NECES-
   31  SARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   32    4.  TRANSFORMATION  PLAN. THE WORKGROUP SHALL DEVELOP A TRANSFORMATION
   33  PLAN AS WELL AS MAKE RECOMMENDATIONS FOR THE EXECUTION OF SUCH PLAN. THE
   34  PLAN WILL INCLUDE BUT NOT BE LIMITED TO AN ANALYSIS OF THE FOLLOWING:
   35    (A) IDENTIFYING THE NEED FOR HOUSING AND RESIDENTIAL OPPORTUNITIES FOR
   36  PEOPLES WITH DISABILITIES, AND AN IDENTIFICATION OF  ANY  SHORTFALLS  IN
   37  SERVICES, SUPPORTS, OR OPPORTUNITIES;
   38    (B)  PROVIDING  A  TIMELINE FOR TRANSITIONING SHELTERED WORKSHOPS TO A
   39  MORE INTEGRATED SETTING AND TRANSITIONING  INDIVIDUALS,  TO  THE  EXTENT
   40  CONSISTENT WITH THEIR SERVICE PLAN, INTO INTEGRATED EMPLOYMENT;
   41    (C) INCREASING INTEGRATED EMPLOYMENT OPPORTUNITIES AND ALTERNATIVES TO
   42  INTEGRATED  EMPLOYMENT  FOR  INDIVIDUALS  WITH  DISABILITIES WHO MAY NOT
   43  BENEFIT FROM SUCH WORK ENVIRONMENT;
   44    (D) IDENTIFYING A TIMELINE FOR  IMPLEMENTING  AN  EVIDENCE  BASED  AND
   45  EMPIRICALLY VALIDATED ASSESSMENT TOOL; AND
   46    (E)  FISCAL  VIABILITY  AND  CLINICAL APPROPRIATENESS OF TRANSITIONING
   47  OPWDD SERVICES AND SUPPORTS INTO A MANAGED CARE PAYMENT MODEL.
   48    5. THE WORKGROUP SHALL PUBLISH AND SUBMIT A SEMI-ANNUAL REPORT TO  THE
   49  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE
   50  ASSEMBLY BY DECEMBER FIRST, TWO THOUSAND FIFTEEN AND  EVERY  SIX  MONTHS
   51  THEREAFTER.  THE  OFFICE SHALL POST SUCH REPORT ON ITS OFFICIAL WEBSITE.
   52  THE REPORT SHALL INCLUDE ALL RECOMMENDATIONS AND STRATEGIES DEVELOPED BY
   53  THE WORKGROUP INCLUDING ANY POLICY, RULE, OR REGULATION CHANGE AND ESTI-
   54  MATED DATES AND TIMEFRAME TO IMPLEMENT ANY RECOMMENDATION OR STRATEGY.
       A. 6007                            111
    1    S 2. This act shall take effect immediately.
    2    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    3  sion,  section  or  part  of  this act shall be adjudged by any court of
    4  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    5  impair,  or  invalidate  the remainder thereof, but shall be confined in
    6  its operation to the clause, sentence, paragraph,  subdivision,  section
    7  or part thereof directly involved in the controversy in which such judg-
    8  ment shall have been rendered. It is hereby declared to be the intent of
    9  the  legislature  that  this  act  would  have been enacted even if such
   10  invalid provisions had not been included herein.
   11    S 3. This act shall take effect immediately  provided,  however,  that
   12  the applicable effective date of Parts A through GG of this act shall be
   13  as specifically set forth in the last section of such Parts.