S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 2007--B                                            A. 3007--B
                             S E N A T E - A S S E M B L Y
                                   January 21, 2015
                                      ___________
       IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
         cle seven of the Constitution -- read twice and ordered  printed,  and
         when  printed to be committed to the Committee on Finance -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
         article seven of the Constitution -- read once  and  referred  to  the
         Committee  on  Ways  and  Means -- committee discharged, bill amended,
         ordered reprinted as amended and  recommitted  to  said  committee  --
         again  reported from said committee with amendments, ordered reprinted
         as amended and recommitted to said committee
       AN ACT to  amend  the  public  health  law,  in  relation  to  physician
         profiles; to amend 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; to amend the social services law, in
         relation to enhancing the quality of adult living  program  for  adult
         care  facilities;  to amend the education law, in relation to delivery
         of prescriptions off premises of  a  pharmacy;  to  amend  the  public
         health  law,  in relation to providing more accountability in expendi-
         tures made by the Statewide Health Information Network  for  New  York
         (SHIN-NY),  including  information on donating umbilical cord blood as
         part of the health care and wellness education and  outreach  program;
         to  amend part A of chapter 58 of the laws of 2008, amending the elder
         law and other laws relating to reimbursement to participating provider
         pharmacies and prescription drug coverage, in  relation  to  extending
         the  expiration of certain provisions thereof; to repeal paragraph (e)
         of subdivision 13 of section 2995-a of the public health law  relating
         to  physician  profiles;  and  to  repeal section 2801-h of the public
         health law relating to the community forum on establishment of certain
         facilities in the county of Bronx; and providing  for  the  repeal  of
         certain  provisions  upon  expiration  thereof  (Part A); to amend the
         social services law, in relation to  supplemental  rebates;  to  amend
         part  H  of chapter 59 of the laws of 2011, amending the public health
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12571-03-5
       S. 2007--B                          2                         A. 3007--B
         law and other laws relating  to  known  and  projected  department  of
         health  state  fund medical expenditures, in relation to extending the
         provisions thereof; to repeal section 280 of  the  public  health  law
         relating  to  prescription  drug discount program; to amend the public
         health law, in  relation  to  hospital  reimbursement  provisions  and
         temporary  adjustments  to  reimbursement  rates;  to amend the social
         services law, in relation to exceptions to copayments; to amend part A
         and part 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 reimbursement rate promulgation
         for residential health care facilities; to  amend  the  public  health
         law,  in  relation to project advisory committees; to amend the social
         services law, in relation to grants for  coordination  between  health
         homes  and  the  criminal  justice  system  and for the integration of
         information of health homes with state and local correctional  facili-
         ties;  to  amend  the social services law, in relation to basic health
         program and rates of payment; 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  supple-
         mental  payments;  in  relation to part H of chapter 59 of the laws of
         2011, amending the public health  law  relating  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 temporary preinvestigation emergency needs  assistance  or
         care;  to  amend  the social services law, in relation to supplies and
         the medical assistance presumptive eligibility program; to  amend  the
         social services law, in relation to personal care services and adequa-
         cy  of  assistance;  to  amend the social services law, in relation to
         expedited procedures for approving personal care  services;  to  amend
         the  social  services  law,  in  relation  to expedited procedures for
         determining medical assistance  eligibility;  in  relation  to  monies
         equal  to the amount of enhanced federal medical assistance percentage
         monies available as a result  of  the  state's  participation  in  the
         community  first  choice state plan option; to amend the public health
         law, in relation to  an  energy  audit  and/or  disaster  preparedness
         review  of  residential  health  care  facilities; to amend the public
         health law, in relation to payment rates for managed  long  term  care
         plan  enrollees  eligible  for medical assistance; to amend the social
         services law, in relation to reimbursement methodologies  for  managed
         care programs; to amend the social services law, in relation to insur-
         ance payments; to amend the social services law, in relation to eligi-
         bility; to amend the social services law, in relation to transition to
         managed  care; to amend the social services law, in relation to cover-
         age of certain noncitizens; to  amend  the  social  services  law,  in
         relation to basic health program and eligibility of a non-citizen in a
         valid  nonimmigrant  status;  to  repeal  section  365-d of the social
         services law, relating to early and periodic screening  diagnosis  and
         treatment   outreach  demonstration  projects;  to  amend  the  social
         services law, in relation  to  the  Medicaid  evidence  based  benefit
         review  advisory  committee;  to  amend  the  social  services law, in
         relation to the young adult special populations demonstration program;
         in relation to amending the public health  law,  in  relation  to  the
         hospital-home  care  -  physician  collaboration program; to amend the
         public health law, in relation to universal standards  for  coding  of
         payment for medical assistance claims for long term care and electron-
       S. 2007--B                          3                         A. 3007--B
         ic payment of claims; to amend the social services law, in relation to
         provision  and  reimbursement  of  transportation  costs; to amend the
         public health law, in relation to temporary adjustment  to  reimburse-
         ment rates; to amend the public health law, in relation to residential
         health  care  facilities  and  rates  of  payment; to amend the social
         services law, in relation to the long term care demonstration program;
         to repeal paragraph (e) of subdivision 8 of section 2511 of the public
         health law relating to subsidy payments; to amend the social  services
         law, in relation to managed care programs and complete actuarial memo-
         randum; to amend part B of chapter 58 of the laws of 2007 amending the
         elder  law  and  other laws, relating to authorizing the adjustment of
         the Medical nursing home capital reimbursement  cap,  in  relation  to
         effectuating  a  residential health care facility construction project
         by the Jewish Home of Rochester; to repeal certain provisions  of  the
         public  health  law  relating thereto; 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 organizations 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, amend-
         ing  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 resi-
         dential health care facilities, in relation to the effectiveness ther-
         eof; 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  reimburse-
         ments  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  insurance 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 facilities, in relation to the effective-
         ness thereof; to amend chapter 165 of the laws of 1991,  amending  the
       S. 2007--B                          4                         A. 3007--B
         public health law and other laws 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 subdivision (i) of section 111 of 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 budg-
         et  for the 2011-2012 state fiscal plan, in relation to the effective-
         ness 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; to amend the social
         services law, in relation to contracting for transportation  services;
         to  amend  chapter  459 of the laws of 1996 amending the public health
         law relating to recertification of persons providing emergency medical
         care, in relation to making such provisions permanent; to amend  chap-
         ter  505  of the laws of 1995, amending the public health law relating
         to the operation of department of health facilities,  in  relation  to
         extending  the provisions thereof; to amend subdivision (o) of section
         111 of part H of chapter 59 of the laws of 2011, amending  the  public
         health  law  relating  to state wide planning and research cooperative
         system and general powers and duties, in relation to the effectiveness
         of certain provisions; and to amend 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  extending  the  provisions  of such chapter (Part D); to amend the
         public health law, in relation to the payment  of  certain  funds  for
         uncompensated  care  (Part  E); Intentionally omitted (Part F); Inten-
         tionally omitted (Part G); Intentionally omitted (Part  H);  to  amend
         the  criminal  procedure  law,  in  relation  to  the admissibility of
         condoms as trial evidence of prosecution; to amend the penal  law,  in
         relation  to  criminal  possession  of  a controlled substance; and to
         repeal subdivision 2-a of section  2781  of  the  public  health  law,
         relating to certain informed consent for HIV related testing (Part I);
         Intentionally  omitted  (Part  J);  to amend the public health law, in
         relation to improper delegation of authority by the governing authori-
         ty or operator of a general hospital (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 fluo-
         ridation  of  a public water supply (Part M); relating to conducting a
         study to develop a report addressing the feasibility  of  creating  an
         office  of  community  living  for older adults and individuals of all
         ages with disabilities  (Part  N);  Intentionally  omitted  (Part  O);
         Intentionally omitted (Part P); Intentionally omitted (Part Q); Inten-
         tionally  omitted  (Part  R);  Intentionally  omitted (Part S); Inten-
         tionally omitted (Part T); Intentionally omitted (Part  U);  to  amend
         the  public  health  law  and the education law, in relation to opioid
         overdose prevention (Part V); to  amend  the  public  health  law,  in
         relation  to  requiring  the commissioner of health to provide certain
         records to the temporary president of the senate and  the  speaker  of
         the  assembly;  requiring the commissioner of health to convene a task
       S. 2007--B                          5                         A. 3007--B
         force to evaluate and make recommendations related to  increasing  the
         transparency   and  accountability  of  the  health  care  reform  act
         resources fund; and to amend the public health  law,  in  relation  to
         physician  loan repayment awards (Part W); 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 X);
         and  to amend chapter 266 of the laws of 1986 amending the civil prac-
         tice law and rules and other laws relating to malpractice and  profes-
         sional  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 relating 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 Y)
         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 Y. 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.    Paragraph (h) of subdivision 1 of section 2995-a of the
   14  public health law, as added by chapter 542  of  the  laws  of  2000,  is
   15  amended to read as follows:
   16    (h)  current  [speciality]  SPECIALTY  board certification and date of
   17  certification;
   18    S 2. The opening paragraph of subdivision 1-a of section 2995-a of the
   19  public health law, as added by section 8 of part A of chapter 58 of  the
   20  laws of 2010, is amended to read as follows:
   21    Each physician licensed and registered to practice in this state shall
   22  within  [one  hundred twenty] THIRTY days of the [effective date of this
   23  subdivision] TRANSMITTAL OF AN INITIAL PROFILE SURVEY and upon  entering
   24  or updating his or her profile information:
   25    S  3.  Subdivisions  3, 4 and 9 of section 2995-a of the public health
   26  law, subdivisions 3 and 9 as added by chapter 542 of the laws  of  2000,
   27  and  subdivision  4  as  amended by chapter 477 of the laws of 2008, are
   28  amended to read as follows:
   29    3. Each physician who is self-insured for professional  medical  malp-
   30  ractice  shall periodically report to the department on forms and in the
   31  time and manner required by the commissioner the  information  specified
   32  in  paragraph  [(f)] (E) of subdivision one of this section, except that
   33  the physician shall report the dollar  amount  (to  the  extent  of  the
       S. 2007--B                          6                         A. 3007--B
    1  physician's information and belief) for each judgment, award and settle-
    2  ment and not a level of significance or context.
    3    4. Each physician shall periodically report to the department on forms
    4  and in the time and manner required by the commissioner any other infor-
    5  mation  as is required by the department for the development of profiles
    6  under this section which is  not  otherwise  reasonably  obtainable.  In
    7  addition  to  such  periodic reports and providing the same information,
    8  each physician shall update his or her profile  information  within  the
    9  six months prior to the expiration date of such physician's registration
   10  period, as a condition of registration renewal under article one hundred
   11  thirty-one  of  the  education  law.    EXCEPT  FOR OPTIONAL INFORMATION
   12  PROVIDED, PHYSICIANS SHALL NOTIFY THE DEPARTMENT OF ANY  CHANGE  IN  THE
   13  PROFILE INFORMATION WITHIN THIRTY DAYS OF SUCH CHANGE.
   14    9.  The department shall, in addition to hard copy physician profiles,
   15  provide for electronic access  to  and  copying  of  physician  profiles
   16  developed  pursuant to this section through the system commonly known as
   17  the Internet.  THE DEPARTMENT SHALL UPDATE A PHYSICIAN'S ONLINE  PROFILE
   18  WITHIN THIRTY DAYS OF RECEIPT OF A COMPLETED PHYSICIAN PROFILE SURVEY OR
   19  ANY CHANGE IN PROFILE INFORMATION.
   20    S 4. Paragraphs (a) and (d) of subdivision 13 of section 2995-a of the
   21  public  health  law,  as  added  by chapter 542 of the laws of 2000, are
   22  amended to read as follows:
   23    (a) Data sources. The department shall identify the types of physician
   24  data to which the public has access, including all information available
   25  from federal, state or local agencies which is useful for making  deter-
   26  minations  concerning health care quality determinations. The department
   27  shall study all physician data reporting requirements and develop recom-
   28  mendations to consolidate data collection and  eliminate  duplicate  and
   29  unnecessary  reporting requirements, or to supplement existing reporting
   30  requirements in order to satisfy the requirements of this  section.  THE
   31  DEPARTMENT  SHALL  STUDY  THE  FEASIBILITY  OF INCORPORATING HEALTH PLAN
   32  REPORTING REQUIREMENTS, WITHOUT IMPOSING ANY EXTRA BURDEN ON THE  PHYSI-
   33  CIAN,  REGARDING  NETWORK PARTICIPATION INTO THIS SECTION TO ENSURE THIS
   34  INFORMATION IS AVAILABLE, ACCURATE, UP-TO-DATE AND ACCESSIBLE TO CONSUM-
   35  ERS.
   36    (d) Report. The department shall provide  a  report  of  its  determi-
   37  nations  and  recommendations UNDER THIS SUBDIVISION to the governor and
   38  legislature, and make such report publicly available, [within six months
   39  of the effective date of this section] ON OR BEFORE JANUARY  FIRST,  TWO
   40  THOUSAND  SIXTEEN.    THE DEPARTMENT SHALL REPORT ANNUALLY THEREAFTER TO
   41  THE LEGISLATURE ON THE STATUS OF THE PHYSICIAN PROFILES AND  ANY  RECOM-
   42  MENDATIONS  FOR ADDITIONS, CONSOLIDATIONS OR OTHER CHANGES DEEMED APPRO-
   43  PRIATE.
   44    S 4-a. Paragraph (e) of subdivision 13 of section 2995-a of the public
   45  health law is REPEALED.
   46    S 4-b. Section 4 of part X2 of chapter 62 of the laws of 2003,  amend-
   47  ing  the  public health law relating to allowing for the use of funds of
   48  the office of professional medical conduct for activities of the patient
   49  health information and quality improvement act of 2000,  as  amended  by
   50  section  25  of  part B of chapter 56 of the laws of 2013, is amended to
   51  read as follows:
   52    S 4. This  act  shall  take  effect  immediately;  provided  that  the
   53  provisions  of  section  one of this act shall be deemed to have been in
   54  full force and effect on and after April 1, 2003, and shall expire March
   55  31, [2015] 2017 when upon such date the provisions of such section shall
   56  be deemed repealed.
       S. 2007--B                          7                         A. 3007--B
    1    S 5. Intentionally omitted.
    2    S  6.  Subdivision  3  of section 461-s of the social services law, as
    3  added by section 21 of part D of chapter 56 of  the  laws  of  2012,  is
    4  amended and a new subdivision 4 is added to read as follows:
    5    3. Prior to applying for EQUAL program funds, a facility shall receive
    6  approval  of  its  expenditure  plan from the residents' council for the
    7  facility.  THE RESIDENTS' COUNCIL SHALL ADOPT A PROCESS TO IDENTIFY  THE
    8  PRIORITIES  OF  THE RESIDENTS FOR THE USE OF THE PROGRAM FUNDS AND DOCU-
    9  MENT RESIDENTS' TOP PREFERENCES BY MEANS THAT  MAY  INCLUDE  A  VOTE  OR
   10  SURVEY.  THE PLAN SHALL DETAIL HOW PROGRAM FUNDS WILL BE USED TO IMPROVE
   11  THE PHYSICAL ENVIRONMENT OF THE FACILITY OR  THE  QUALITY  OF  CARE  AND
   12  SERVICES  RENDERED  TO RESIDENTS AND MAY INCLUDE, BUT NOT BE LIMITED TO,
   13  STAFF TRAINING, AIR CONDITIONING IN RESIDENTS' AREAS, CLOTHING, IMPROVE-
   14  MENTS IN FOOD QUALITY, FURNISHINGS, EQUIPMENT, SECURITY, AND MAINTENANCE
   15  OR REPAIRS TO THE FACILITY. THE FACILITY'S APPLICATION FOR EQUAL PROGRAM
   16  FUNDS  SHALL  INCLUDE  A  SIGNED  ATTESTATION  FROM  THE  PRESIDENT   OR
   17  CHAIR-PERSON  OF  THE  RESIDENTS'  COUNCIL OR, IN THE ABSENCE OF A RESI-
   18  DENTS' COUNCIL, AT LEAST THREE RESIDENTS OF THE FACILITY,  STATING  THAT
   19  THE  APPLICATION REFLECTS THE PRIORITIES OF THE RESIDENTS OF THE FACILI-
   20  TY.   THE DEPARTMENT SHALL INVESTIGATE REPORTS  OF  RESIDENT  ABUSE  AND
   21  RETALIATION RELATED TO PROGRAM APPLICATIONS AND EXPENDITURES.
   22    4.  EQUAL  PROGRAM  FUNDS SHALL NOT BE EXPENDED FOR A FACILITY'S DAILY
   23  OPERATING EXPENSES, INCLUDING EMPLOYEE  SALARIES  OR  BENEFITS,  OR  FOR
   24  EXPENSES  INCURRED  RETROSPECTIVELY. EQUAL PROGRAM FUNDS MAY BE USED FOR
   25  EXPENDITURES RELATED TO CORRECTIVE ACTION AS REQUIRED BY  AN  INSPECTION
   26  REPORT,  PROVIDED  SUCH EXPENDITURE IS CONSISTENT WITH SUBDIVISION THREE
   27  OF THIS SECTION.
   28    S 7. The second undesignated paragraph of paragraph (a) of subdivision
   29  2 of section 6810 of the education law, as added by chapter 413  of  the
   30  laws of 2014, is amended to read as follows:
   31    A  pharmacy  registered with the department pursuant to section sixty-
   32  eight hundred eight OR SIXTY-EIGHT HUNDRED EIGHT-B of this  article  may
   33  not  deliver  a  new  or  refilled prescription off premises without the
   34  consent of the patient or an individual authorized  to  consent  on  the
   35  patient's behalf. [Consent shall include one of the following:
   36    (1)  the patient or authorized individual's signature of acceptance of
   37  each prescription delivered;
   38    (2) the pharmacy may contact the patient or other authorized  individ-
   39  ual  for  consent  to  deliver  and must document consent in the patient
   40  record; or
   41    (3) for pharmacies  that  administer  refill  reminder  or  medication
   42  adherence  programs  and  deliver  off  premises,  if a signature is not
   43  received on each prescription, then the refill reminder program or medi-
   44  cation adherence program shall be an OPT-IN program that is updated with
   45  patient consent every one hundred eighty days  accompanied  by  a  docu-
   46  mented patient record review by a licensed pharmacist from the providing
   47  pharmacy  and the patient before continuation of medication delivery can
   48  occur] FOR THE PURPOSES OF THIS SECTION, CONSENT MAY BE OBTAINED IN  THE
   49  SAME  MANNER AND PROCESS BY WHICH CONSENT IS DEEMED ACCEPTABLE UNDER THE
   50  FEDERAL MEDICARE PART D PROGRAM.
   51    S 8. Subdivision 18-a of section 206 of  the  public  health  law,  as
   52  amended by section 11 of part A of chapter 58 of the laws of 2010, para-
   53  graphs  (b)  and (d) as amended by section 16 of part A of chapter 60 of
   54  the laws of 2014, paragraph (c) as amended by chapter 132 of the laws of
   55  2014, is amended to read as follows:
       S. 2007--B                          8                         A. 3007--B
    1    18-a. [(a)] Health information technology demonstration  program.  (A)
    2  (i) The commissioner is authorized to issue grant funding to one or more
    3  organizations  broadly  representative  of  physicians  licensed in this
    4  state, from funds made available for the purpose of funding research and
    5  demonstration   projects  under  subparagraph  (ii)  of  this  paragraph
    6  designed to promote the development  of  electronic  health  information
    7  exchange technologies in order to facilitate the adoption of interopera-
    8  ble health records.
    9    (ii)  Project  funding  shall  be  disbursed to projects pursuant to a
   10  request for proposals based on criteria relating to promoting the  effi-
   11  cient  and  effective  delivery  of quality physician services.   Demon-
   12  stration projects  eligible  for  funding  under  this  paragraph  shall
   13  include, but not be limited to:
   14    (A) efforts to incentivize electronic health record adoption;
   15    (B) interconnection of physicians through regional collaborations;
   16    (C) efforts to promote personalized health care and consumer choice;
   17    (D) efforts to enhance health care outcomes and health status general-
   18  ly  through interoperable public health surveillance systems and stream-
   19  lined quality monitoring.
   20    (iii) The department shall issue a report to the governor, the  tempo-
   21  rary  president of the senate and the speaker of the assembly within one
   22  year following the issuance of the grants. Such report shall contain, at
   23  a minimum, the following information: the demonstration projects  imple-
   24  mented  pursuant  to this paragraph, their date of implementation, their
   25  costs and the appropriateness of a broader  application  of  the  health
   26  information technology program to increase the quality and efficiency of
   27  health care across the state.
   28    (b) The commissioner shall:
   29    (i)  POST  ON ITS WEBSITE BY SEPTEMBER FIRST, TWO THOUSAND FIFTEEN AND
   30  QUARTERLY THEREAFTER, INFORMATION ON THE USES OF FUNDING IN  SUPPORT  OF
   31  THE  STATEWIDE HEALTH INFORMATION NETWORK OF NEW YORK (SHIN-NY), INCLUD-
   32  ING HOW SUCH FUNDS MAY BE USED TO:
   33    (A) SUPPORT HOSPITALS, PHYSICIANS, AND OTHER PROVIDERS IN THE ACHIEVE-
   34  MENT OF FEDERAL MEANINGFUL USE REQUIREMENTS;
   35    (B) SUPPORT DSRIP HEALTH INFORMATION EXCHANGE AND DATA REQUIREMENTS TO
   36  HELP PERFORMING PROVIDER SYSTEMS AND THE STATE MEET DSRIP QUALITY GOALS;
   37  AND
   38    (C) INCREASE PARTICIPATION IN REGIONAL  HEALTH  INFORMATION  ORGANIZA-
   39  TIONS BY PROVIDERS AT REASONABLE COSTS TO THE PROVIDERS; AND
   40    (II) convene a workgroup to:
   41    (A)  evaluate the state's health information technology infrastructure
   42  and systems, as well as other related plans  and  projects  designed  to
   43  make  improvements  or  modifications to such infrastructure and systems
   44  including, but not limited to, the all payor database (APD),  the  state
   45  planning  and  research  cooperative  system  (SPARCS),  regional health
   46  information organizations  (RHIOs),  the  statewide  health  information
   47  network  of  New  York  (SHIN-NY)  and  medical  assistance  eligibility
   48  systems; and
   49    (B) develop recommendations for the state to move toward a  comprehen-
   50  sive  health  claims and clinical database aimed at improving quality of
   51  care, efficiency, cost of care and patient satisfaction available  in  a
   52  self-sustainable,  non-duplicative, interactive and interoperable manner
   53  that ensures safeguards for privacy, confidentiality and security;
   54    [(ii)] (III) submit [a] AN INTERIM report to the governor  [and],  the
   55  temporary president of the senate and the speaker of the assembly, which
   56  shall  [fully  consider  the evaluation and recommendations of the work-
       S. 2007--B                          9                         A. 3007--B
    1  group] DETAIL THE CONCERNS AND ISSUES ASSOCIATED WITH  ESTABLISHING  THE
    2  STATE'S  HEALTH  INFORMATION TECHNOLOGY INFRASTRUCTURE CONSIDERED BY THE
    3  WORKGROUP, on or before December first, two thousand fourteen[.]; AND
    4    [(iii)]  (IV) SUBMIT A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT
    5  OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, WHICH SHALL FULLY CONSID-
    6  ER THE EVALUATION AND RECOMMENDATIONS OF THE  WORKGROUP,  ON  OR  BEFORE
    7  DECEMBER FIRST, TWO THOUSAND FIFTEEN.
    8    (c)  The  members  of the workgroup shall include, at a minimum, three
    9  members who represent RHIOs, two members employed by the department  who
   10  are  involved in the development of the SHIN-NY and the APD, two members
   11  who represent physicians,  two  members  who  represent  hospitals,  two
   12  members  who  represent  home  care  agencies, one member who represents
   13  federally qualified health centers, ONE  MEMBER  WHO  REPRESENTS  COUNTY
   14  HEALTH COMMISSIONERS, the chair of the senate health committee or his or
   15  her  designee,  the chair of the assembly health committee or his or her
   16  designee, and other individuals with expertise in  matters  relevant  to
   17  the charge of the workgroup.
   18    (d)  The  commissioner  may  make such rules and regulations as may be
   19  necessary to implement federal policies and disburse funds  as  required
   20  by the American Recovery and Reinvestment Act of 2009 and to promote the
   21  development  of  a self-sufficient SHIN-NY to enable widespread, non-du-
   22  plicative interoperability among disparate health  information  systems,
   23  including  electronic  health  records,  personal health records, health
   24  care claims, payment and other administrative data,  and  public  health
   25  information  systems,  while protecting privacy and security. Such rules
   26  and regulations shall include, but not be limited to,  requirements  for
   27  organizations covered by 42 U.S.C. 17938 or any other organizations that
   28  exchange  health  information through the SHIN-NY or any other statewide
   29  health information system recommended by the  workgroup.  [The]  IF  THE
   30  COMMISSIONER SEEKS TO PROMULGATE RULES AND REGULATIONS PRIOR TO ISSUANCE
   31  OF  THE  REPORT IDENTIFIED IN SUBPARAGRAPH (IV) OF PARAGRAPH (B) OF THIS
   32  SUBDIVISION, THE COMMISSIONER SHALL SUBMIT THE PROPOSED  REGULATIONS  TO
   33  THE  WORKGROUP  FOR  ITS  INPUT. IF THE COMMISSIONER SEEKS TO PROMULGATE
   34  RULES AND REGULATIONS AFTER THE ISSUANCE OF  THE  REPORT  IDENTIFIED  IN
   35  SUCH  SUBPARAGRAPH  (IV) THEN THE commissioner shall consider the REPORT
   36  AND recommendations of the workgroup. If  the  commissioner  acts  in  a
   37  manner  inconsistent with the INPUT OR recommendations of the workgroup,
   38  he or she shall provide the reasons therefor.
   39    S 9. Intentionally omitted.
   40    S 10. Section 206 of the public health law is amended by adding a  new
   41  subdivision 29 to read as follows:
   42    29.  THE  COMMISSIONER SHALL PREPARE A REPORT ON THE IMPLEMENTATION OF
   43  THE STATE HEALTH INNOVATION PLAN (SHIP) WHICH SHALL INCLUDE:
   44    (1) THE RECOMMENDATIONS OF THE WORKGROUPS ESTABLISHED  TO  ASSIST  THE
   45  STATE IN IMPLEMENTATION OF THE SHIP;
   46    (2) THE DEPARTMENT'S EFFORTS IN ADVANCING THE SHIP'S GOALS; AND
   47    (3)  INFORMATION  ON  THE  EXPENDITURES  OF THE STATE INNOVATION MODEL
   48  GRANT.
   49  THE REPORT SHALL BE SUBMITTED TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT
   50  OF  THE  SENATE,  THE  SPEAKER OF THE ASSEMBLY, THE CHAIRS OF THE SENATE
   51  HEALTH COMMITTEE AND ASSEMBLY HEALTH  COMMITTEE  ON  OR  BEFORE  JANUARY
   52  FIRST, TWO THOUSAND SIXTEEN AND ANNUALLY THEREAFTER.
   53    S 11. Subdivision 1 of section 207 of the public health law is amended
   54  by adding a new paragraph (k) to read as follows:
   55    (K) DONATING UMBILICAL CORD BLOOD TO A PUBLIC CORD BLOOD BANK.
   56    S 12. Section 2801-h of the public health law is REPEALED.
       S. 2007--B                         10                         A. 3007--B
    1    S 13. Section 32 of part A of chapter 58 of the laws of 2008, amending
    2  the  elder law and other laws relating to reimbursement to participating
    3  provider pharmacies  and  prescription  drug  coverage,  as  amended  by
    4  section  37  of  part A of chapter 60 of the laws of 2014, is amended to
    5  read as follows:
    6    S  32.  This  act shall take effect immediately and shall be deemed to
    7  have been in full force and effect on and after April 1, 2008;  provided
    8  however,  that  sections  one, six-a, nineteen, twenty, twenty-four, and
    9  twenty-five of this act shall take effect July 1, 2008; provided however
   10  that sections sixteen, seventeen and eighteen of this act  shall  expire
   11  April  1,  2017;  provided, however, that the amendments made by section
   12  twenty-eight of this act shall take effect on the same date as section 1
   13  of chapter 281 of the laws of 2007 takes effect; provided further,  that
   14  sections  twenty-nine,  thirty,  and  thirty-one  of this act shall take
   15  effect October 1, 2008; provided further, that section  twenty-seven  of
   16  this  act  shall take effect January 1, 2009; and provided further, that
   17  section twenty-seven of this act shall expire  and  be  deemed  repealed
   18  March  31,  [2015] 2017; and provided, further, however, that the amend-
   19  ments to subdivision 1 of section 241  of  the  education  law  made  by
   20  section  twenty-nine of this act shall not affect the expiration of such
   21  subdivision and shall be deemed to expire therewith  and  provided  that
   22  the  amendments  to section 272 of the public health law made by section
   23  thirty of this act shall not affect the repeal of such section and shall
   24  be deemed repealed therewith.
   25    S 14. This act shall take effect immediately; provided that the amend-
   26  ments to paragraphs (b) and (d) of subdivision 18-a of  section  206  of
   27  the  public  health  law,  made  by  section eight of this act shall not
   28  affect the expiration of such paragraphs and shall be deemed  to  expire
   29  therewith;  provided, however, that section ten of this act shall expire
   30  March 31, 2020 when upon such date it shall be deemed repealed.
   31                                   PART B
   32    Section 1. Subdivision 7 of section 367-a of the social  services  law
   33  is amended by adding a new paragraph (e) to read as follows:
   34    (E)  DURING  THE PERIOD FROM APRIL FIRST, TWO THOUSAND FIFTEEN THROUGH
   35  MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN,  THE  COMMISSIONER  MAY,  IN
   36  LIEU  OF  A  MANAGED CARE PROVIDER, NEGOTIATE DIRECTLY AND ENTER INTO AN
   37  AGREEMENT WITH  A  PHARMACEUTICAL  MANUFACTURER  FOR  THE  PROVISION  OF
   38  SUPPLEMENTAL REBATES RELATING TO PHARMACEUTICAL UTILIZATION BY ENROLLEES
   39  OF MANAGED CARE PROVIDERS PURSUANT TO SECTION THREE HUNDRED SIXTY-FOUR-J
   40  OF  THIS TITLE. SUCH REBATES SHALL BE LIMITED TO DRUG UTILIZATION IN THE
   41  FOLLOWING CLASSES: ANTIRETROVIRALS APPROVED BY THE FDA FOR THE TREATMENT
   42  OF HIV/AIDS AND HEPATITIS C AGENTS FOR WHICH THE PHARMACEUTICAL MANUFAC-
   43  TURER HAS IN EFFECT A REBATE AGREEMENT WITH  THE  FEDERAL  SECRETARY  OF
   44  HEALTH AND HUMAN SERVICES PURSUANT TO 42 U.S.C. S 1396R-8, AND FOR WHICH
   45  THE  STATE  HAS  ESTABLISHED  STANDARD  CLINICAL  CRITERIA. NO AGREEMENT
   46  ENTERED INTO PURSUANT TO THIS PARAGRAPH SHALL HAVE AN INITIAL TERM OR BE
   47  EXTENDED BEYOND MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
   48    (I) THE MANUFACTURER SHALL NOT PAY SUPPLEMENTAL REBATES TO  A  MANAGED
   49  CARE PROVIDER, OR ANY OF A MANAGED CARE PROVIDER'S AGENTS, INCLUDING BUT
   50  NOT  LIMITED TO ANY PHARMACY BENEFIT MANAGER ON THE TWO CLASSES OF DRUGS
   51  SUBJECT TO THIS PARAGRAPH WHEN  THE  STATE  IS  COLLECTING  SUPPLEMENTAL
   52  REBATES  AND  STANDARD CLINICAL CRITERIA ARE IMPOSED ON THE MANAGED CARE
   53  PROVIDER.
       S. 2007--B                         11                         A. 3007--B
    1    (II) THE COMMISSIONER SHALL ESTABLISH ADEQUATE RATES OF  REIMBURSEMENT
    2  WHICH  SHALL TAKE INTO ACCOUNT BOTH THE IMPACT OF THE COMMISSIONER NEGO-
    3  TIATING SUCH REBATES AND ANY LIMITATIONS IMPOSED  ON  THE  MANAGED  CARE
    4  PROVIDER'S ABILITY TO ESTABLISH CLINICAL CRITERIA RELATING TO THE UTILI-
    5  ZATION  OF  SUCH  DRUGS.  IN  DEVELOPING  THE  MANAGED  CARE  PROVIDER'S
    6  REIMBURSEMENT RATE,  THE  COMMISSIONER  SHALL  IDENTIFY  THE  AMOUNT  OF
    7  REIMBURSEMENT  FOR  SUCH DRUGS AS A SEPARATE AND DISTINCT COMPONENT FROM
    8  THE REIMBURSEMENT OTHERWISE MADE FOR PRESCRIPTION DRUGS AS PRESCRIBED BY
    9  THIS SECTION.
   10    (III) THE COMMISSIONER SHALL SUBMIT A REPORT TO THE  TEMPORARY  PRESI-
   11  DENT  OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ANNUALLY BY DECEMBER
   12  THIRTY-FIRST. THE REPORT SHALL ANALYZE THE ADEQUACY OF RATES TO  MANAGED
   13  CARE  PROVIDERS  FOR DRUG EXPENDITURES RELATED TO THE CLASSES UNDER THIS
   14  PARAGRAPH.
   15    (IV) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO REQUIRE A PHARMA-
   16  CEUTICAL MANUFACTURER TO ENTER INTO A SUPPLEMENTAL REBATE AGREEMENT WITH
   17  THE COMMISSIONER RELATING TO PHARMACEUTICAL UTILIZATION BY ENROLLEES  OF
   18  MANAGED CARE PROVIDERS PURSUANT TO SECTION THREE HUNDRED SIXTY-FOUR-J OF
   19  THIS TITLE.
   20    (V)  ALL CLINICAL CRITERIA, INCLUDING REQUIREMENTS FOR PRIOR APPROVAL,
   21  AND ALL UTILIZATION REVIEW DETERMINATIONS ESTABLISHED BY  THE  STATE  AS
   22  DESCRIBED  IN  THIS  PARAGRAPH FOR EITHER OF THE DRUG CLASSES SUBJECT TO
   23  THIS PARAGRAPH SHALL BE DEVELOPED USING EVIDENCE-BASED AND PEER-REVIEWED
   24  CLINICAL REVIEW CRITERIA IN ACCORDANCE WITH ARTICLE TWO-A OF THE  PUBLIC
   25  HEALTH LAW, AS APPLICABLE.
   26    (VI)  ALL  PRIOR  AUTHORIZATION  AND UTILIZATION REVIEW DETERMINATIONS
   27  RELATED TO THE COVERAGE OF ANY DRUG SUBJECT TO THIS PARAGRAPH  SHALL  BE
   28  SUBJECT  TO  ARTICLE  FORTY-NINE OF THE PUBLIC HEALTH LAW, SECTION THREE
   29  HUNDRED SIXTY-FOUR-J OF THIS TITLE, AND ARTICLE FORTY-NINE OF THE INSUR-
   30  ANCE LAW, AS APPLICABLE. NOTHING IN THIS PARAGRAPH  SHALL  DIMINISH  ANY
   31  RIGHTS  RELATING  TO  ACCESS, PRIOR AUTHORIZATION, OR APPEAL RELATING TO
   32  ANY DRUG CLASS OR DRUG AFFORDED TO A RECIPIENT UNDER ANY OTHER PROVISION
   33  OF LAW.
   34    S 2. Intentionally omitted.
   35    S 3. Intentionally omitted.
   36    S 4. Intentionally omitted.
   37    S 5. Intentionally omitted.
   38    S 6. Intentionally omitted.
   39    S 7. Intentionally omitted.
   40    S 8. Subdivision 1 of section 92 of part H of chapter 59 of  the  laws
   41  of 2011, amending the public health law and other laws relating to known
   42  and  projected department of health state fund medicaid expenditures, as
   43  amended by section 33 of part C of chapter 60 of the laws  of  2014,  is
   44  amended to read as follows:
   45    1.  For  state  fiscal  years  2011-12  through [2015-16] 2016-17, the
   46  director of the budget, in consultation with the commissioner of  health
   47  referenced  as "commissioner" for purposes of this section, shall assess
   48  on a monthly basis, as reflected in monthly reports pursuant to subdivi-
   49  sion five of this section known and projected department of health state
   50  funds medicaid expenditures by category of  service  and  by  geographic
   51  regions,  as  defined  by  the  commissioner, and if the director of the
   52  budget determines that such expenditures are expected to cause  medicaid
   53  disbursements  for  such  period  to  exceed the projected department of
   54  health medicaid state funds disbursements in the enacted  budget  finan-
   55  cial  plan  pursuant to subdivision 3 of section 23 of the state finance
   56  law, the commissioner of health, in consultation with  the  director  of
       S. 2007--B                         12                         A. 3007--B
    1  the  budget,  shall  develop a medicaid savings allocation plan to limit
    2  such spending to the aggregate limit  level  specified  in  the  enacted
    3  budget  financial  plan,  provided,  however,  such  projections  may be
    4  adjusted by the director of the budget to account for any changes in the
    5  New  York state federal medical assistance percentage amount established
    6  pursuant to the federal social security act, changes in provider  reven-
    7  ues,  reductions  to  local  social services district medical assistance
    8  administration, and beginning April 1, 2012 the operational costs of the
    9  New York state medical indemnity fund AND STATE COSTS  OR  SAVINGS  FROM
   10  THE BASIC HEALTH PLAN.  Such projections may be adjusted by the director
   11  of the budget to account for increased or expedited department of health
   12  state funds medicaid expenditures as a result of a natural or other type
   13  of disaster, including a governmental declaration of emergency.
   14    S 9.  Section 280 of the public health law is REPEALED.
   15    S 10. Intentionally omitted.
   16    S  11.    Section 2807 of the public health law is amended by adding a
   17  new subdivision 14-a to read as follows:
   18    14-A. NOTWITHSTANDING ANY  PROVISION  OF  LAW  TO  THE  CONTRARY,  AND
   19  SUBJECT  TO FEDERAL FINANCIAL PARTICIPATION, THE COMMISSIONER IS AUTHOR-
   20  IZED TO ESTABLISH, PURSUANT TO REGULATIONS, A STATEWIDE GENERAL HOSPITAL
   21  QUALITY POOL FOR THE PURPOSE OF INCENTIVIZING AND  FACILITATING  QUALITY
   22  IMPROVEMENTS  IN  GENERAL  HOSPITALS.  AWARDS  FROM  SUCH  POOL SHALL BE
   23  SUBJECT TO APPROVAL BY THE DIRECTOR  OF  BUDGET.  IF  FEDERAL  FINANCIAL
   24  PARTICIPATION  IS UNAVAILABLE, THEN THE NON-FEDERAL SHARE OF AWARDS MADE
   25  PURSUANT TO THIS SUBDIVISION MAY BE MADE AS STATE GRANTS.
   26    (A) THIRTY DAYS PRIOR TO ADOPTING OR APPLYING A METHODOLOGY OR  PROCE-
   27  DURE  FOR  MAKING  AN  ALLOCATION  OR MODIFICATION TO AN ALLOCATION MADE
   28  PURSUANT TO THIS SUBDIVISION, THE  COMMISSIONER  SHALL  PROVIDE  WRITTEN
   29  NOTICE  TO THE CHAIRS OF THE SENATE FINANCE COMMITTEE, THE ASSEMBLY WAYS
   30  AND MEANS COMMITTEE, AND THE SENATE AND ASSEMBLY HEALTH COMMITTEES  WITH
   31  REGARD  TO  THE  INTENT  TO ADOPT OR APPLY THE METHODOLOGY OR PROCEDURE,
   32  INCLUDING A DETAILED EXPLANATION OF THE METHODOLOGY OR PROCEDURE.
   33    (B) THIRTY DAYS PRIOR TO EXECUTING AN ALLOCATION OR MODIFICATION TO AN
   34  ALLOCATION MADE PURSUANT TO THIS  SUBDIVISION,  THE  COMMISSIONER  SHALL
   35  PROVIDE  WRITTEN  NOTICE  TO THE CHAIRS OF THE SENATE FINANCE COMMITTEE,
   36  THE ASSEMBLY WAYS AND MEANS  COMMITTEE,  AND  THE  SENATE  AND  ASSEMBLY
   37  HEALTH  COMMITTEES  WITH  REGARD TO THE INTENT TO DISTRIBUTE SUCH FUNDS.
   38  SUCH NOTICE SHALL INCLUDE, BUT NOT BE LIMITED  TO,  INFORMATION  ON  THE
   39  METHODOLOGY  USED  TO  DISTRIBUTE THE FUNDS, THE FACILITY SPECIFIC ALLO-
   40  CATIONS OF THE FUNDS, ANY  FACILITY  SPECIFIC  PROJECT  DESCRIPTIONS  OR
   41  REQUIREMENTS  FOR  RECEIVING SUCH FUNDS, THE MULTI-YEAR IMPACTS OF THESE
   42  ALLOCATIONS, AND THE AVAILABILITY OF FEDERAL MATCHING FUNDS. THE COMMIS-
   43  SIONER SHALL PROVIDE QUARTERLY  REPORTS  TO  THE  CHAIR  OF  THE  SENATE
   44  FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE
   45  ON THE DISTRIBUTION AND DISBURSEMENT OF SUCH FUNDS.
   46    S 12. Section 2807 of the public health law is amended by adding a new
   47  subdivision 22 to read as follows:
   48     22. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AND SUBJECT
   49  TO FEDERAL FINANCIAL PARTICIPATION, GENERAL HOSPITALS DESIGNATED AS SOLE
   50  COMMUNITY HOSPITALS IN ACCORDANCE WITH TITLE XVIII OF THE FEDERAL SOCIAL
   51  SECURITY  ACT  SHALL  BE ELIGIBLE FOR ENHANCED PAYMENTS OR REIMBURSEMENT
   52  FOR INPATIENT AND/OR OUTPATIENT SERVICES OF UP TO TWELVE MILLION DOLLARS
   53  UNDER A SUPPLEMENTAL OR REVISED RATE  METHODOLOGY,  ESTABLISHED  BY  THE
   54  COMMISSIONER  IN  REGULATION,  FOR  THE  PURPOSE OF PROMOTING ACCESS AND
   55  IMPROVING THE QUALITY OF CARE. IF  FEDERAL  FINANCIAL  PARTICIPATION  IS
       S. 2007--B                         13                         A. 3007--B
    1  UNAVAILABLE,  THEN  THE  NON-FEDERAL  SHARE OF SUCH PAYMENTS PURSUANT TO
    2  THIS SUBDIVISION MAY BE MADE AS STATE GRANTS.
    3    (A)  THIRTY DAYS PRIOR TO ADOPTING OR APPLYING A METHODOLOGY OR PROCE-
    4  DURE FOR MAKING AN ALLOCATION OR  MODIFICATION  TO  AN  ALLOCATION  MADE
    5  PURSUANT  TO  THIS  SUBDIVISION,  THE COMMISSIONER SHALL PROVIDE WRITTEN
    6  NOTICE TO THE CHAIRS OF THE SENATE FINANCE COMMITTEE, THE ASSEMBLY  WAYS
    7  AND  MEANS COMMITTEE, AND THE SENATE AND ASSEMBLY HEALTH COMMITTEES WITH
    8  REGARD TO THE INTENT TO ADOPT OR APPLY  THE  METHODOLOGY  OR  PROCEDURE,
    9  INCLUDING A DETAILED EXPLANATION OF THE METHODOLOGY OR PROCEDURE.
   10    (B) THIRTY DAYS PRIOR TO EXECUTING AN ALLOCATION OR MODIFICATION TO AN
   11  ALLOCATION  MADE  PURSUANT  TO  THIS SUBDIVISION, THE COMMISSIONER SHALL
   12  PROVIDE WRITTEN NOTICE TO THE CHAIRS OF THE  SENATE  FINANCE  COMMITTEE,
   13  THE  ASSEMBLY  WAYS  AND  MEANS  COMMITTEE,  AND THE SENATE AND ASSEMBLY
   14  HEALTH COMMITTEES WITH REGARD TO THE INTENT TO  DISTRIBUTE  SUCH  FUNDS.
   15  SUCH  NOTICE  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, INFORMATION ON THE
   16  METHODOLOGY USED TO DISTRIBUTE THE FUNDS, THE  FACILITY  SPECIFIC  ALLO-
   17  CATIONS  OF  THE  FUNDS,  ANY  FACILITY SPECIFIC PROJECT DESCRIPTIONS OR
   18  REQUIREMENTS FOR RECEIVING SUCH FUNDS, THE MULTI-YEAR IMPACTS  OF  THESE
   19  ALLOCATIONS, AND THE AVAILABILITY OF FEDERAL MATCHING FUNDS. THE COMMIS-
   20  SIONER  SHALL  PROVIDE  QUARTERLY  REPORTS  TO  THE  CHAIR OF THE SENATE
   21  FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE
   22  ON THE DISTRIBUTION AND DISBURSEMENT OF SUCH FUNDS.
   23    S 13. Subdivision (e) of section 2826 of the  public  health  law,  as
   24  added  by  section  27  of  part C of chapter 60 of the laws of 2014, is
   25  amended and a new subdivision (e-1) is added to read as follows:
   26    (e) Notwithstanding any law to the contrary, general hospitals defined
   27  as critical access hospitals pursuant to  title  XVIII  of  the  federal
   28  social security act shall be allocated no less than [five] SEVEN million
   29  FIVE  HUNDRED  THOUSAND  dollars  annually pursuant to this section. The
   30  department of health shall provide a report to the governor and legisla-
   31  ture no later  than  [December]  JUNE  first,  two  thousand  [fourteen]
   32  FIFTEEN providing recommendations on how to ensure the financial stabil-
   33  ity  of,  and  preserve  patient  access  to, critical access hospitals,
   34  INCLUDING AN EXAMINATION OF PERMANENT MEDICAID RATE METHODOLOGY CHANGES.
   35    (E-1) THIRTY DAYS PRIOR TO EXECUTING AN ALLOCATION OR MODIFICATION  TO
   36  AN  ALLOCATION  MADE  PURSUANT  TO  THIS SECTION, THE COMMISSIONER SHALL
   37  PROVIDE WRITTEN NOTICE TO THE CHAIR OF THE SENATE FINANCE COMMITTEE  AND
   38  THE  CHAIR  OF THE ASSEMBLY WAYS AND MEANS COMMITTEE WITH REGARDS TO THE
   39  INTENT TO DISTRIBUTE SUCH FUNDS. SUCH NOTICE SHALL INCLUDE, BUT  NOT  BE
   40  LIMITED TO, INFORMATION ON THE METHODOLOGY USED TO DISTRIBUTE THE FUNDS,
   41  THE  FACILITY  SPECIFIC  ALLOCATIONS OF THE FUNDS, ANY FACILITY SPECIFIC
   42  PROJECT DESCRIPTIONS OR  REQUIREMENTS  FOR  RECEIVING  SUCH  FUNDS,  THE
   43  MULTI-YEAR IMPACTS OF THESE ALLOCATIONS, AND THE AVAILABILITY OF FEDERAL
   44  MATCHING  FUNDS. THE COMMISSIONER SHALL PROVIDE QUARTERLY REPORTS TO THE
   45  CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS
   46  AND MEANS COMMITTEE ON THE DISTRIBUTION AND DISBURSEMENT OF SUCH  FUNDS.
   47  WITHIN  SIXTY DAYS OF THE EFFECTIVENESS OF THIS SUBDIVISION, THE COMMIS-
   48  SIONER SHALL PROVIDE A WRITTEN REPORT TO THE CHAIR OF THE SENATE FINANCE
   49  COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE ON  ALL
   50  AWARDS  MADE PURSUANT TO THIS SECTION PRIOR TO THE EFFECTIVENESS OF THIS
   51  SUBDIVISION, INCLUDING ALL INFORMATION THAT IS REQUIRED TO  BE  INCLUDED
   52  IN THE NOTICE REQUIREMENTS OF THIS SUBDIVISION.
   53    S 14. Section 2826 of the public health law is amended by adding a new
   54  subdivision (f) to read as follows:
   55    (F)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AND SUBJECT
   56  TO FEDERAL FINANCIAL PARTICIPATION, NO LESS  THAN  TEN  MILLION  DOLLARS
       S. 2007--B                         14                         A. 3007--B
    1  SHALL BE ALLOCATED TO PROVIDERS DESCRIBED IN THIS SUBDIVISION; PROVIDED,
    2  HOWEVER  THAT  IF FEDERAL FINANCIAL PARTICIPATION IS UNAVAILABLE FOR ANY
    3  ELIGIBLE PROVIDER, OR FOR ANY POTENTIAL INVESTMENT UNDER  THIS  SUBDIVI-
    4  SION THEN THE NON-FEDERAL SHARE OF PAYMENTS PURSUANT TO THIS SUBDIVISION
    5  MAY BE MADE AS STATE GRANTS.
    6    (I)  PROVIDERS  SERVING RURAL AREAS AS SUCH TERM IS DEFINED IN SECTION
    7  TWO THOUSAND NINE HUNDRED FIFTY-ONE OF THIS CHAPTER, INCLUDING  BUT  NOT
    8  LIMITED TO HOSPITALS, RESIDENTIAL HEALTH CARE FACILITIES, DIAGNOSTIC AND
    9  TREATMENT  CENTERS,  AMBULATORY  SURGERY  CENTERS  AND  CLINICS SHALL BE
   10  ELIGIBLE FOR ENHANCED PAYMENTS OR  REIMBURSEMENT  UNDER  A  SUPPLEMENTAL
   11  RATE  METHODOLOGY  FOR THE PURPOSE OF PROMOTING ACCESS AND IMPROVING THE
   12  QUALITY OF CARE.
   13    (II) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AND SUBJECT
   14  TO  FEDERAL  FINANCIAL  PARTICIPATION,  ESSENTIAL  COMMUNITY  PROVIDERS,
   15  WHICH,  FOR  THE  PURPOSES  OF  THIS SECTION, SHALL MEAN A PROVIDER THAT
   16  OFFERS HEALTH SERVICES WITHIN A DEFINED AND ISOLATED  GEOGRAPHIC  REGION
   17  WHERE  SUCH SERVICES WOULD OTHERWISE BE UNAVAILABLE TO THE POPULATION OF
   18  SUCH REGION, SHALL BE ELIGIBLE FOR ENHANCED  PAYMENTS  OR  REIMBURSEMENT
   19  UNDER  A  SUPPLEMENTAL  RATE  METHODOLOGY  FOR  THE PURPOSE OF PROMOTING
   20  ACCESS AND IMPROVING QUALITY OF  CARE.  ELIGIBLE  PROVIDERS  UNDER  THIS
   21  PARAGRAPH  MAY  INCLUDE,  BUT ARE NOT LIMITED TO, HOSPITALS, RESIDENTIAL
   22  HEALTH CARE FACILITIES, DIAGNOSTIC  AND  TREATMENT  CENTERS,  AMBULATORY
   23  SURGERY CENTERS AND CLINICS.
   24    (III)  IN  MAKING  SUCH  PAYMENTS THE COMMISSIONER MAY CONTEMPLATE THE
   25  EXTENT TO WHICH ANY SUCH PROVIDER RECEIVES ASSISTANCE UNDER  SUBDIVISION
   26  (A)  OF  THIS  SECTION AND MAY REQUIRE SUCH PROVIDER TO SUBMIT A WRITTEN
   27  PROPOSAL DEMONSTRATING THAT THE NEED FOR MONIES UNDER  THIS  SUBDIVISION
   28  EXCEEDS MONIES OTHERWISE DISTRIBUTED PURSUANT TO THIS SECTION.
   29    (IV)  PAYMENTS  UNDER THIS SUBDIVISION MAY INCLUDE, BUT NOT BE LIMITED
   30  TO, TEMPORARY RATE ADJUSTMENTS, LUMP SUM MEDICAID PAYMENTS, SUPPLEMENTAL
   31  RATE METHODOLOGIES AND ANY OTHER PAYMENTS AS DETERMINED BY  THE  COMMIS-
   32  SIONER.
   33    (V)  PAYMENTS  UNDER  THIS SUBDIVISION SHALL BE SUBJECT TO APPROVAL BY
   34  THE DIRECTOR OF THE BUDGET.
   35    (VI) THE COMMISSIONER MAY PROMULGATE  REGULATIONS  TO  EFFECTUATE  THE
   36  PROVISIONS OF THIS SUBDIVISION.
   37    (VII)  THIRTY  DAYS  PRIOR  TO  ADOPTING  OR APPLYING A METHODOLOGY OR
   38  PROCEDURE FOR MAKING AN ALLOCATION OR MODIFICATION TO AN ALLOCATION MADE
   39  PURSUANT TO THIS SUBDIVISION, THE  COMMISSIONER  SHALL  PROVIDE  WRITTEN
   40  NOTICE  TO THE CHAIRS OF THE SENATE FINANCE COMMITTEE, THE ASSEMBLY WAYS
   41  AND MEANS COMMITTEE, AND THE SENATE AND ASSEMBLY HEALTH COMMITTEES  WITH
   42  REGARD  TO  THE  INTENT  TO ADOPT OR APPLY THE METHODOLOGY OR PROCEDURE,
   43  INCLUDING A DETAILED EXPLANATION OF THE METHODOLOGY OR PROCEDURE.
   44    (VIII) THIRTY DAYS PRIOR TO EXECUTING AN ALLOCATION OR MODIFICATION TO
   45  AN ALLOCATION MADE PURSUANT TO THIS SUBDIVISION, THE COMMISSIONER  SHALL
   46  PROVIDE  WRITTEN  NOTICE  TO THE CHAIRS OF THE SENATE FINANCE COMMITTEE,
   47  THE ASSEMBLY WAYS AND MEANS  COMMITTEE,  AND  THE  SENATE  AND  ASSEMBLY
   48  HEALTH  COMMITTEES  WITH  REGARD TO THE INTENT TO DISTRIBUTE SUCH FUNDS.
   49  SUCH NOTICE SHALL INCLUDE, BUT NOT BE LIMITED  TO,  INFORMATION  ON  THE
   50  METHODOLOGY  USED  TO  DISTRIBUTE THE FUNDS, THE FACILITY SPECIFIC ALLO-
   51  CATIONS OF THE FUNDS, ANY  FACILITY  SPECIFIC  PROJECT  DESCRIPTIONS  OR
   52  REQUIREMENTS  FOR  RECEIVING SUCH FUNDS, THE MULTI-YEAR IMPACTS OF THESE
   53  ALLOCATIONS, AND THE AVAILABILITY OF FEDERAL MATCHING FUNDS. THE COMMIS-
   54  SIONER SHALL PROVIDE QUARTERLY  REPORTS  TO  THE  CHAIR  OF  THE  SENATE
   55  FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE
   56  ON THE DISTRIBUTION AND DISBURSEMENT OF SUCH FUNDS.
       S. 2007--B                         15                         A. 3007--B
    1    S  15.  Paragraph  (b) of subdivision 6 of section 367-a of the social
    2  services law, as added by chapter 41 of the laws of  1992,  subparagraph
    3  (iii)  as  amended by chapter 843 of the laws of 1992, subparagraph (iv)
    4  as amended by section 40 of part C of chapter 58 of the laws of 2005, is
    5  amended and a new paragraph (b-1) is added to read as follows:
    6    (b)  Co-payments  shall apply to all eligible persons for the services
    7  defined in paragraph (d) of this subdivision with the exception of:
    8    (i) individuals under twenty-one years of age;
    9    (ii) pregnant women;
   10    (iii) individuals who are inpatients in a medical  facility  who  have
   11  been  required  to  spend  all  of their income for medical care, except
   12  their personal needs allowance or residents of community based  residen-
   13  tial facilities licensed by the office of mental health or the office of
   14  mental retardation and developmental disabilities who have been required
   15  to spend all of their income, except their personal needs allowance;
   16    (iv) individuals enrolled in health maintenance organizations or other
   17  entities  which  provide comprehensive health services, or other managed
   18  care programs for services covered by such programs,  except  that  such
   19  persons, other than persons otherwise exempted from co-payments pursuant
   20  to  subparagraphs  (i), (ii), (iii) and (v) of this paragraph, and other
   21  than those persons enrolled in a managed long term care  program,  shall
   22  be  subject to co-payments as described in subparagraph (v) of paragraph
   23  (d) of this subdivision; [and]
   24    (v) INDIVIDUALS WHOSE FAMILY INCOME IS LESS THAN ONE  HUNDRED  PERCENT
   25  OF  THE  FEDERAL  POVERTY LINE, AS DEFINED IN SUBPARAGRAPH FOUR OF PARA-
   26  GRAPH (A) OF SUBDIVISION ONE OF SECTION THREE HUNDRED SIXTY-SIX OF  THIS
   27  TITLE, FOR A FAMILY OF THE SAME SIZE; AND
   28    (VI)  any  other individuals required to be excluded by federal law or
   29  regulations.
   30    (B-1) THE COMMISSIONER IS AUTHORIZED TO SUBMIT ANY REQUEST OR APPLICA-
   31  TION TO THE CENTERS FOR MEDICARE AND MEDICAID SERVICES AS MAY BE  NECES-
   32  SARY  TO  BE  GRANTED  A WAIVER OF THE REQUIREMENT FOR THE DEPARTMENT OF
   33  HEALTH TO CALCULATE ITS MEDICAID PAYMENTS TO MANAGED CARE  ORGANIZATIONS
   34  TO  INCLUDE  COST  SHARING  ESTABLISHED UNDER THE STATE PLAN FOR MEDICAL
   35  ASSISTANCE FOR ENROLLEES WHO ARE NOT EXEMPT FROM COST  SHARING.  IN  THE
   36  ABSENCE  OF  SUCH  A  WAIVER,  THE  COMMISSIONER  SHALL  ADJUST MEDICAID
   37  PAYMENTS TO MANAGED CARE  ORGANIZATIONS  BEGINNING  OCTOBER  FIRST,  TWO
   38  THOUSAND  FIFTEEN  OR  ON THE DATE THE CENTERS FOR MEDICARE AND MEDICAID
   39  SERVICES COMMENCES ENFORCEMENT OF SUCH REQUIREMENT, WHICHEVER IS LATER.
   40    S 15-a. Paragraph (b) of subdivision 6 of section 367-a of the  social
   41  services  law,  as amended by section fifteen of this act, is amended to
   42  read as follows:
   43    (b) Co-payments shall apply to all eligible persons for  the  services
   44  defined in paragraph (d) of this subdivision with the exception of:
   45    (i) individuals under twenty-one years of age;
   46    (ii) pregnant women;
   47    (iii)  individuals  who  are inpatients in a medical facility who have
   48  been required to spend all of their  income  for  medical  care,  except
   49  their  personal needs allowance or residents of community based residen-
   50  tial facilities licensed by the office of mental health or the office of
   51  mental retardation and developmental disabilities who have been required
   52  to spend all of their income, except their personal needs allowance;
   53    (iv) [individuals enrolled  in  health  maintenance  organizations  or
   54  other  entities  which  provide  comprehensive health services, or other
   55  managed care programs for services covered by such programs, except that
   56  such persons, other than persons  otherwise  exempted  from  co-payments
       S. 2007--B                         16                         A. 3007--B
    1  pursuant  to  subparagraphs  (i), (ii), (iii) and (v) of this paragraph,
    2  and other than those persons  enrolled  in  a  managed  long  term  care
    3  program,  shall  be  subject to co-payments as described in subparagraph
    4  (v) of paragraph (d) of this subdivision;
    5    (v)]  individuals whose family income is less than one hundred percent
    6  of the federal poverty line, as defined in subparagraph  four  of  para-
    7  graph  (a) of subdivision one of section three hundred sixty-six of this
    8  title, for a family of the same size; and
    9    [(vi)] (V) any other individuals required to be  excluded  by  federal
   10  law or regulations.
   11    S 16.  Section 12 of part A of chapter 1 of the laws of 2002, relating
   12  to the health care reform act of 2000, is amended to read as follows:
   13    S  12. Notwithstanding any inconsistent provision of law or regulation
   14  to the contrary, and subject to the availability  of  federal  financial
   15  participation  pursuant to title XIX of the federal social security act,
   16  effective for the period September 1, 2001 through March 31,  2002,  and
   17  state  fiscal  years thereafter, UNTIL MARCH 31, 2012, the department of
   18  health is authorized to pay a specialty hospital  adjustment  to  public
   19  general  hospitals,  as defined in subdivision 10 of section 2801 of the
   20  public health law, other than those operated by the state of New York or
   21  the state university of New York, receiving reimbursement for all  inpa-
   22  tient services under title XIX of the federal social security act pursu-
   23  ant  to  paragraph  (e) of subdivision 4 of section 2807-c of the public
   24  health law, and located in a city with a population of over  1  million,
   25  of up to four hundred sixty-three million dollars for the period Septem-
   26  ber  1,  2001 through March 31, 2002 and up to seven hundred ninety-four
   27  million dollars annually for state fiscal years  thereafter  as  medical
   28  assistance payments for inpatient services pursuant to title 11 of arti-
   29  cle  5  of  the  social  services  law for patients eligible for federal
   30  financial participation under title XIX of the federal  social  security
   31  act  based on each such hospital's proportionate share of the sum of all
   32  inpatient discharges for  all  facilities  eligible  for  an  adjustment
   33  pursuant  to  this section for the base year two years prior to the rate
   34  year. Such proportionate share payment may be added to rates of  payment
   35  or made as aggregate payments to eligible public general hospitals.
   36    S  17. Section 13 of part B of chapter 1 of the laws of 2002, relating
   37  to the health care reform act of 2000, is amended to read as follows:
   38    S 13. Notwithstanding any inconsistent provision of law or  regulation
   39  to  the  contrary,  and subject to the availability of federal financial
   40  participation pursuant to title XIX of the federal social security  act,
   41  effective for the period April 1, 2002 through March 31, 2003, and state
   42  fiscal  years  thereafter UNTIL MARCH 31, 2012, the department of health
   43  is authorized to pay a specialty hospital adjustment to  public  general
   44  hospitals,  as  defined  in subdivision 10 of section 2801 of the public
   45  health law, other than those operated by the state of New  York  or  the
   46  state  university of New York, receiving reimbursement for all inpatient
   47  services under title XIX of the federal social security act pursuant  to
   48  paragraph  (e)  of  subdivision 4 of section 2807-c of the public health
   49  law, and located in a city with a population of over one million, of  up
   50  to two hundred eighty-six million dollars as medical assistance payments
   51  for  inpatient  services pursuant to title 11 of article 5 of the social
   52  services law for patients eligible for federal  financial  participation
   53  under  title  XIX  of the federal social security act based on each such
   54  hospital's proportionate share of the sum of  all  inpatient  discharges
   55  for  all  facilities eligible for an adjustment pursuant to this section
   56  for the base year two years prior to the rate year.  Such  proportionate
       S. 2007--B                         17                         A. 3007--B
    1  share  payment  may  be  added  to rates of payment or made as aggregate
    2  payments to eligible hospitals.
    3    S  18. Notwithstanding any inconsistent provision of law or regulation
    4  to the contrary, and subject to the availability  of  federal  financial
    5  participation  pursuant to title XIX of the federal social security act,
    6  effective for the period April 1, 2012,  through  March  31,  2013,  and
    7  state fiscal years thereafter, the department of health is authorized to
    8  pay a public hospital adjustment to public general hospitals, as defined
    9  in  subdivision  10 of section 2801 of the public health law, other than
   10  those operated by the state of New York or the state university  of  New
   11  York,  and  located in a city with a population of over 1 million, of up
   12  to one billion eighty million dollars  annually  as  medical  assistance
   13  payments for inpatient services pursuant to title 11 of article 5 of the
   14  social  services law for patients eligible for federal financial partic-
   15  ipation under title XIX of the federal social security act based on such
   16  criteria and methodologies as the commissioner may from time to time set
   17  through a memorandum of understanding with the New York city health  and
   18  hospitals  corporation,  and  such adjustments shall be paid by means of
   19  one or more estimated payments,  with  such  estimated  payments  to  be
   20  reconciled  to  the  commissioner  of health's final adjustment determi-
   21  nations after the disproportionate  share  hospital  payment  adjustment
   22  caps have been calculated for such period under sections 1923(f) and (g)
   23  of the federal social security act. Such adjustment payment may be added
   24  to  rates  of  payment  or made as aggregate payments to eligible public
   25  general hospitals.
   26    S 19.  Section 14 of part A of chapter 1 of the laws of 2002, relating
   27  to the health care reform act of 2000, is amended to read as follows:
   28    S 14. Notwithstanding any inconsistent provision of law, rule or regu-
   29  lation to the contrary, and  subject  to  the  availability  of  federal
   30  financial  participation  pursuant  to  title  XIX of the federal social
   31  security act, effective for the period January 1, 2002 through March 31,
   32  2002, and state fiscal  years  thereafter  UNTIL  MARCH  31,  2011,  the
   33  department of health is authorized to increase the operating cost compo-
   34  nent  of  rates  of payment for general hospital outpatient services and
   35  general hospital emergency room services issued  pursuant  to  paragraph
   36  (g) of subdivision 2 of section 2807 of the public health law for public
   37  general  hospitals,  as defined in subdivision 10 of section 2801 of the
   38  public health law, other than those operated by the state of New York or
   39  the state university of New York, and located in a  city  with  a  popu-
   40  lation  of  over  one  million, which experienced free patient visits in
   41  excess of twenty percent of their total self-pay and free patient visits
   42  based on data reported on exhibit 33 of their  1999  institutional  cost
   43  report  and  which  experienced uninsured outpatient losses in excess of
   44  seventy-five percent of their total inpatient and  outpatient  uninsured
   45  losses  based on data reported on exhibit 47 of their 1999 institutional
   46  cost report, of up to thirty-four million dollars for the period January
   47  1, 2002 through March 31, 2002 and up to one hundred thirty-six  million
   48  dollars annually for state fiscal years thereafter as medical assistance
   49  payments  for  outpatient  services pursuant to title 11 of article 5 of
   50  the social services law for  patients  eligible  for  federal  financial
   51  participation  under  title XIX of the federal social security act based
   52  on each such hospital's proportionate share of the sum of all outpatient
   53  visits for all facilities eligible for an adjustment  pursuant  to  this
   54  section for the base year two years prior to the rate year. Such propor-
   55  tionate share payment may be added to rates of payment or made as aggre-
   56  gate payments to eligible public general hospitals.
       S. 2007--B                         18                         A. 3007--B
    1    S  20. Section 14 of part B of chapter 1 of the laws of 2002, relating
    2  to the health care reform act of 2000, is amended to read as follows:
    3    S  14. Notwithstanding any inconsistent provision of law or regulation
    4  to the contrary, and subject to the availability  of  federal  financial
    5  participation  pursuant to title XIX of the federal social security act,
    6  effective for the period January 1, 2002 through  March  31,  2002,  and
    7  state  fiscal  years  thereafter UNTIL MARCH 31, 2011, the department of
    8  health is authorized to increase the operating cost component  of  rates
    9  of payment for general hospital outpatient services and general hospital
   10  emergency  room services issued pursuant to paragraph (g) of subdivision
   11  2 of section 2807 of the public health law for public general hospitals,
   12  as defined in subdivision 10 of section 2801 of the public  health  law,
   13  other  than those operated by the state of New York or the state univer-
   14  sity of New York, and located in a city with a population  of  over  one
   15  million,  which  experienced  free  patient  visits  in excess of twenty
   16  percent of their total self-pay and free patient visits  based  on  data
   17  reported on exhibit 33 of their 1999 institutional cost report and which
   18  experienced  uninsured  outpatient  losses  in  excess  of  seventy-five
   19  percent of their total inpatient and outpatient uninsured  losses  based
   20  on  data reported on exhibit 47 of their 1999 institutional cost report,
   21  of up to thirty-seven million dollars for the  period  January  1,  2002
   22  through March 31, 2002 and one hundred fifty-one million dollars annual-
   23  ly  for state fiscal years thereafter as medical assistance payments for
   24  outpatient services pursuant to title 11 of  article  5  of  the  social
   25  services  law  for patients eligible for federal financial participation
   26  under title XIX of the federal social security act based  on  each  such
   27  hospital's  proportionate  share of the sum of all outpatient visits for
   28  all facilities eligible for an adjustment pursuant to this  section  for
   29  the base year two years prior to the rate year. Such proportionate share
   30  payment  may  be added to rates of payment or made as aggregate payments
   31  to eligible public general hospitals.
   32    S 21. Notwithstanding any inconsistent provision of law, rule or regu-
   33  lation to the contrary, and  subject  to  the  availability  of  federal
   34  financial  participation  pursuant  to  title  XIX of the federal social
   35  security act, effective for the period April 1, 2011 through  March  31,
   36  2012,  and  state  fiscal  years thereafter, the department of health is
   37  authorized to increase the operating cost component of rates of  payment
   38  for  general hospital outpatient services and general hospital emergency
   39  room services issued pursuant to  paragraph  (g)  of  subdivision  2  of
   40  section  2807  of the public health law for public general hospitals, as
   41  defined in subdivision 10 of section 2801  of  the  public  health  law,
   42  other  than those operated by the state of New York or the state univer-
   43  sity of New York, and located in a  city  with  a  population  over  one
   44  million,  up  to  two  hundred  eighty-seven million dollars annually as
   45  medical assistance payments for outpatient services pursuant to title 11
   46  of article 5 of the social services law for patients eligible for feder-
   47  al financial participation under title XIX of the federal social securi-
   48  ty act based on such criteria and methodologies as the commissioner  may
   49  from time to time set through a memorandum of understanding with the New
   50  York  city  health and hospitals corporation, and such adjustments shall
   51  be paid by means of one or more estimated payments, with such  estimated
   52  payments  to be reconciled to the commissioner of health's final adjust-
   53  ment determinations after the disproportionate  share  hospital  payment
   54  adjustment  caps  have  been  calculated  for such period under sections
   55  1923(f) and (g) of the federal  social  security  act.  Such  adjustment
       S. 2007--B                         19                         A. 3007--B
    1  payment  may  be added to rates of payment or made as aggregate payments
    2  to eligible public general hospitals.
    3    S  22. Section 16 of part A of chapter 1 of the laws of 2002, relating
    4  to the health care reform act of 2000, is amended to read as follows:
    5    S 16. Any amounts provided pursuant to sections eleven, twelve,  thir-
    6  teen  and fourteen of this act shall be effective for purposes of deter-
    7  mining payments for public general hospitals contingent  on  receipt  of
    8  all  approvals required by federal law or regulations for federal finan-
    9  cial participation in payments made pursuant to title XIX of the federal
   10  social security act. If federal approvals are not granted  for  payments
   11  based  on such amounts or components thereof, payments to public general
   12  hospitals shall be determined without consideration of such  amounts  or
   13  such  components. Public general hospitals shall refund to the state, or
   14  the  state  may  recoup  from  prospective  payments,  any   overpayment
   15  received,  including  those  based  on  a  retroactive  reduction in the
   16  payments. Any reduction in federal financial participation  pursuant  to
   17  title  XIX  of  the federal social security act related to federal upper
   18  payment limits APPLICABLE TO PUBLIC GENERAL HOSPITALS OTHER  THAN  THOSE
   19  OPERATED  BY  THE  STATE OF NEW YORK OR THE STATE UNIVERSITY OF NEW YORK
   20  shall be deemed to apply first to amounts provided pursuant to  sections
   21  eleven,  twelve, thirteen and fourteen of this act AND SECTIONS EIGHTEEN
   22  AND TWENTY-ONE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND  FIFTEEN  THAT
   23  AMENDED THIS SECTION.
   24    S 23.  Section 20 of part B of chapter 1 of the laws of 2002, relating
   25  to the health care reform act of 2000, is amended to read as follows:
   26    S  20. Any amounts provided pursuant to sections thirteen and fourteen
   27  of this act shall be effective for purposes of determining payments  for
   28  public general hospitals contingent on receipt of all approvals required
   29  by  federal  law  or  regulations for federal financial participation in
   30  payments made pursuant to title XIX of the federal social security  act.
   31  If  federal approvals are not granted for payments based on such amounts
   32  or components thereof, payments to public  general  hospitals  shall  be
   33  determined  without  consideration  of  such amounts or such components.
   34  Public general hospitals shall refund to the state,  or  the  state  may
   35  recoup  from  prospective  payments, any overpayment received, including
   36  those based on a retroactive reduction in the payments. Any reduction in
   37  federal financial participation pursuant to title  XIX  of  the  federal
   38  social  security  act related to federal upper payment limits APPLICABLE
   39  TO PUBLIC GENERAL HOSPITALS OTHER THAN THOSE OPERATED BY  THE  STATE  OF
   40  NEW  YORK  OR  THE STATE UNIVERSITY OF NEW YORK shall be deemed to apply
   41  first to amounts provided pursuant to sections thirteen and fourteen  of
   42  this act AND SECTIONS EIGHTEEN AND TWENTY-ONE OF THE CHAPTER OF THE LAWS
   43  OF TWO THOUSAND FIFTEEN THAT AMENDED THIS SECTION.
   44    S  24.    Subdivision  7  of section 2807 of the public health law, as
   45  amended by section 195 of part A of chapter 389 of the laws of 1997,  is
   46  amended to read as follows:
   47    7. Reimbursement rate promulgation. The commissioner shall notify each
   48  [hospital]  RESIDENTIAL  HEALTH CARE FACILITY and health-related service
   49  of its approved rates of payment which shall be used in reimbursing  for
   50  services provided to persons eligible for payments made by state govern-
   51  mental  agencies at least sixty days prior to the beginning of an estab-
   52  lished rate period for which the rate is to  become  effective  AND  FOR
   53  GENERAL  HOSPITALS  AT  LEAST  THIRTY  DAYS PRIOR TO THE BEGINNING OF AN
   54  ESTABLISHED RATE PERIOD FOR WHICH  THE  RATE  IS  TO  BECOME  EFFECTIVE.
   55  Notification  shall be made only after approval of rate schedules by the
   56  state  director  of  the  budget.  The  sixty  and  thirty  day   notice
       S. 2007--B                         20                         A. 3007--B
    1  provisions,  herein,  shall not apply to rates issued following judicial
    2  annulment or invalidation of  any  previously  issued  rates,  or  rates
    3  issued  pursuant  to  changes  in  the methodology used to compute rates
    4  which changes are promulgated following the judicial annulment or inval-
    5  idation  of  previously issued rates.   Notwithstanding any provision of
    6  law to the contrary, nothing in  this  subdivision  shall  prohibit  the
    7  recalculation and payment of rates, including both positive and negative
    8  adjustments,  based  on  a reconciliation of amounts paid by residential
    9  health care facilities beginning April first, nineteen  hundred  ninety-
   10  seven  for  additional  assessments  or  further  additional assessments
   11  pursuant to section twenty-eight hundred seven-d of  this  article  with
   12  the amounts originally recognized for reimbursement purposes.
   13    S 24-a. Intentionally omitted.
   14    S  24-b. Paragraphs (c), (d) and (e) of subdivision 20 of section 2807
   15  of the public health law, as added by section 8-a of part A  of  chapter
   16  60  of  the laws of 2014, are relettered paragraphs (d), (e) and (f) and
   17  amended and a new paragraph (c) is added to read as follows:
   18    (C)(I) PROJECT ADVISORY COMMITTEES. 1. LEAD ENTITIES OF SYSTEMS ESTAB-
   19  LISHED UNDER THE  MEDICAID  DELIVERY  SYSTEM  REFORM  INCENTIVE  PAYMENT
   20  ("DSRIP")  PROGRAM  SHALL  ESTABLISH  A PROJECT ADVISORY COMMITTEE.  THE
   21  COMMITTEE SHALL CONSIDER AND ADVISE THE  ENTITY  ON  MATTERS  CONCERNING
   22  SYSTEM  OPERATIONS,  SERVICE DELIVERY ISSUES, ELIMINATION OF HEALTH CARE
   23  DISPARITIES, MEASUREMENT  OF  PROJECT  OUTCOMES,  THE  DEGREE  TO  WHICH
   24  PROJECT  GOALS  ARE  BEING  REACHED  AND THE DEVELOPMENT OF ANY PLANS OR
   25  PROGRAMS. THE ENTITY MAY ESTABLISH RULES WITH  RESPECT  TO  ITS  PROJECT
   26  ADVISORY COMMITTEE.
   27    (II)  THE  MEMBERS  OF  THE  COMMITTEE SHALL BE REPRESENTATIVES OF THE
   28  COMMUNITY, OR GEOGRAPHIC SERVICE AREAS, SERVED BY THE SYSTEM,  INCLUDING
   29  MEDICAID  CONSUMERS  ATTRIBUTED  TO  THAT  SYSTEM, AND ANY OTHER MEMBERS
   30  REQUIRED BY THE TERMS AND CONDITIONS OF  THE  DSRIP  PROGRAM.  THE  LEAD
   31  ENTITY  SHALL  FILE WITH THE COMMISSIONER, AND FROM TIME TO TIME UPDATE,
   32  AN UP-TO-DATE LIST OF THE MEMBERS OF THE COMMITTEE, WHICH SHALL BE  MADE
   33  AVAILABLE TO THE PUBLIC BY THE DEPARTMENT ON ITS WEBSITE.
   34    (III) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, NO OFFICER OR
   35  EMPLOYEE  OF THE STATE OR OF ANY CIVIL DIVISION THEREOF, SHALL BE DEEMED
   36  TO HAVE FORFEITED OR SHALL FORFEIT HIS OR HER OFFICE  OR  EMPLOYMENT  BY
   37  REASON  OF  HIS  OR  HER  ACCEPTANCE OF MEMBERSHIP ON A PROJECT ADVISORY
   38  COMMITTEE. NO MEMBER OF  A  PROJECT  ADVISORY  COMMITTEE  SHALL  RECEIVE
   39  COMPENSATION  OR  ALLOWANCE  FOR  SERVICES  RENDERED  ON  THE COMMITTEE,
   40  EXCEPT, HOWEVER, THAT MEMBERS OF A COMMITTEE MAY BE  REIMBURSED  BY  THE
   41  ENTITY  OR SYSTEM FOR NECESSARY EXPENSES INCURRED IN RELATION TO SERVICE
   42  ON A PROJECT ADVISORY COMMITTEE.
   43    (d) For periods on and after April first, two thousand  fourteen,  the
   44  commissioner  shall  provide a report on a quarterly basis to the chairs
   45  of the senate finance, assembly ways and means, senate health and assem-
   46  bly health committees with regard to the status of  the  DSRIP  program.
   47  Such reports shall be submitted no later than sixty days after the close
   48  of the quarter, and shall include the most current information submitted
   49  by  providers  to  the  state  and  the  federal  CMS. The reports shall
   50  include:
   51    (i) analysis of progress made toward DSRIP goals;
   52    (ii) the impact on the state's health care delivery system;
   53    (iii) information on the number and types  of  providers  who  partic-
   54  ipate;
   55    (iv)  plans  and  progress  for  monitoring  provider  compliance with
   56  requirements;
       S. 2007--B                         21                         A. 3007--B
    1    (v) a status update on project milestone progress;
    2    (vi) information on project spending and budget;
    3    (vii) analysis of impact on Medicaid beneficiaries served;
    4    (viii) a summary of public engagement and public comments received;
    5    (ix) a description of DSRIP funding applications that were denied;
    6    (x)  a  description of all regulation waivers issued pursuant to para-
    7  graph [(e)] (F) of this subdivision; and
    8    (xi) a summary of the statewide geographic distribution of funds.
    9    (e) For periods on and after April first, two  thousand  fourteen  the
   10  commissioner  shall promptly make all DSRIP governing documents, includ-
   11  ing 1115 waiver standard terms and  conditions,  supporting  attachments
   12  and  detailed  project descriptions, and all materials made available to
   13  the legislature pursuant to paragraph [(c)]  (D)  of  this  subdivision,
   14  available  on  the  department's  website.  The  commissioner shall also
   15  provide a detailed overview on the department's website of the  opportu-
   16  nities for public comment on the DSRIP program.
   17    (f)  Notwithstanding any provision of law to the contrary, the commis-
   18  sioners of the department of health, the office of  mental  health,  the
   19  office  for  people  with  developmental disabilities, and the office of
   20  alcoholism and substance abuse services  are  authorized  to  waive  any
   21  regulatory  requirements  as  are  necessary, consistent with applicable
   22  law, to allow applicants under this subdivision  and  paragraph  (a)  of
   23  subdivision  two  of  section  twenty-eight  hundred twenty-five of this
   24  article to avoid duplication of requirements and to allow the  efficient
   25  implementation  of  the  proposed project; provided, however, that regu-
   26  lations pertaining to patient safety may not be waived,  nor  shall  any
   27  regulations  be  waived  if  such waiver would risk patient safety. Such
   28  waiver shall not exceed the life of the project  or  such  shorter  time
   29  periods  as  the  authorizing commissioner may determine. Any regulatory
   30  relief granted pursuant to this subdivision shall be described,  includ-
   31  ing  each [regulations] REGULATION waived and the project it relates to,
   32  in the report provided pursuant to paragraph [(c)] (D) of this  subdivi-
   33  sion.
   34    S  25.  Section  365-l of the social services law is amended by adding
   35  two new subdivisions 2-b and 2-c to read as follows:
   36    2-B. THE COMMISSIONER IS AUTHORIZED TO  MAKE  GRANTS  UP  TO  A  GROSS
   37  AMOUNT  OF  FIVE  MILLION DOLLARS, TO ESTABLISH COORDINATION BETWEEN THE
   38  HEALTH HOMES AND THE CRIMINAL JUSTICE SYSTEM AND FOR THE INTEGRATION  OF
   39  INFORMATION  OF  HEALTH  HOMES WITH STATE AND LOCAL CORRECTIONAL FACILI-
   40  TIES, TO THE EXTENT PERMITTED BY LAW. HEALTH HOMES RECEIVING FUNDS UNDER
   41  THIS SUBDIVISION SHALL BE  REQUIRED  TO  DOCUMENT  AND  DEMONSTRATE  THE
   42  EFFECTIVE USE OF FUNDS DISTRIBUTED HEREIN.
   43    2-C.  THE  COMMISSIONER  IS  AUTHORIZED  TO  MAKE GRANTS UP TO A GROSS
   44  AMOUNT OF ONE MILLION DOLLARS FOR CERTIFIED APPLICATION  COUNSELORS  AND
   45  ASSISTORS  TO  FACILITATE  THE  ENROLLMENT OF PERSONS IN HIGH RISK POPU-
   46  LATIONS, INCLUDING BUT NOT LIMITED TO PERSONS WITH MENTAL HEALTH  AND/OR
   47  SUBSTANCE  ABUSE  CONDITIONS  THAT  HAVE BEEN RECENTLY DISCHARGED OR ARE
   48  PENDING RELEASE FROM STATE  AND  LOCAL  CORRECTIONAL  FACILITIES.  FUNDS
   49  ALLOCATED  FOR  CERTIFIED  APPLICATION COUNSELORS AND ASSISTORS SHALL BE
   50  EXPENDED THROUGH A REQUEST FOR PROPOSAL PROCESS.
   51    S 26. Intentionally omitted.
   52    S 27. Intentionally omitted.
   53    S 28.  Subdivisions 6 and 7 of section 369-gg of the  social  services
   54  law  are  renumbered 7 and 8 and a new subdivision 6 is added to read as
   55  follows:
       S. 2007--B                         22                         A. 3007--B
    1    6. RATES OF PAYMENT.  (A) THE COMMISSIONER SHALL SELECT  THE  CONTRACT
    2  WITH   AN   INDEPENDENT  ACTUARY  TO  STUDY  AND  RECOMMEND  APPROPRIATE
    3  REIMBURSEMENT METHODOLOGIES FOR THE COST OF HEALTH CARE SERVICE COVERAGE
    4  PURSUANT TO THIS TITLE. SUCH INDEPENDENT ACTUARY SHALL REVIEW  AND  MAKE
    5  RECOMMENDATIONS CONCERNING APPROPRIATE ACTUARIAL ASSUMPTIONS RELEVANT TO
    6  THE  ESTABLISHMENT  OF  REIMBURSEMENT  METHODOLOGIES,  INCLUDING BUT NOT
    7  LIMITED TO; THE ADEQUACY OF RATES OF PAYMENT IN RELATION  TO  THE  POPU-
    8  LATION  TO  BE  SERVED  ADJUSTED  FOR CASE MIX, THE SCOPE OF HEALTH CARE
    9  SERVICES APPROVED ORGANIZATIONS MUST PROVIDE, THE  UTILIZATION  OF  SUCH
   10  SERVICES AND THE NETWORK OF PROVIDERS REQUIRED TO MEET STATE STANDARDS.
   11    (B)  UPON  CONSULTATION  WITH  THE  INDEPENDENT  ACTUARY  AND ENTITIES
   12  REPRESENTING APPROVED  ORGANIZATIONS,  THE  COMMISSIONER  SHALL  DEVELOP
   13  REIMBURSEMENT  METHODOLOGIES  AND FEE SCHEDULES FOR DETERMINING RATES OF
   14  PAYMENT, WHICH RATE SHALL BE APPROVED BY THE DIRECTOR OF THE DIVISION OF
   15  THE BUDGET, TO BE MADE BY THE DEPARTMENT TO APPROVED  ORGANIZATIONS  FOR
   16  THE  COST  OF HEALTH CARE SERVICES COVERAGE PURSUANT TO THIS TITLE. SUCH
   17  REIMBURSEMENT METHODOLOGIES AND FEE SCHEDULES MAY INCLUDE PROVISIONS FOR
   18  CAPITATION ARRANGEMENTS.
   19    (C) THE COMMISSIONER SHALL HAVE  THE  AUTHORITY  TO  PROMULGATE  REGU-
   20  LATIONS,  INCLUDING  EMERGENCY  REGULATIONS, NECESSARY TO EFFECTUATE THE
   21  PROVISIONS OF THIS SUBDIVISION.
   22    (D) THE DEPARTMENT SHALL  REQUIRE  THE  INDEPENDENT  ACTUARY  SELECTED
   23  PURSUANT  TO  PARAGRAPH  (A)  OF  THIS SUBDIVISION TO PROVIDE A COMPLETE
   24  ACTUARIAL REPORT, ALONG WITH ALL  ACTUARIAL  ASSUMPTIONS  MADE  AND  ALL
   25  OTHER DATA, MATERIALS AND METHODOLOGIES USED IN THE DEVELOPMENT OF RATES
   26  FOR  THE  BASIC  HEALTH  PLAN AUTHORIZED UNDER THIS SECTION. SUCH REPORT
   27  SHALL BE PROVIDED ANNUALLY TO THE TEMPORARY PRESIDENT OF THE SENATE  AND
   28  THE SPEAKER OF THE ASSEMBLY.
   29    S 28-a. Subdivision 2 of section 369-gg of the social services law, as
   30  added  by  section  51  of  part C of chapter 60 of the laws of 2014, is
   31  amended and a new subdivision 9 is added to read as follows:
   32    2. Authorization. If it is in the financial interest of the  state  to
   33  do  so,  the  commissioner of health is authorized, with the approval of
   34  the director of the budget, to establish a  basic  health  program.  The
   35  commissioner's  authority  pursuant  to  this section is contingent upon
   36  obtaining and maintaining all necessary approvals from the secretary  of
   37  health  and human services to offer a basic health program in accordance
   38  with 42 U.S.C. 18051. The commissioner may  take  any  and  all  actions
   39  necessary to obtain such approvals. NOTWITHSTANDING THE FOREGOING, WITH-
   40  IN  NINETY  DAYS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
   41  THOUSAND FIFTEEN WHICH AMENDED THIS SUBDIVISION THE  COMMISSIONER  SHALL
   42  SUBMIT A REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER
   43  OF  THE  ASSEMBLY  DETAILING A CONTINGENCY PLAN IN THE EVENT ELIGIBILITY
   44  RULES OR REGULATIONS ARE MODIFIED OR REPEALED; OR IN THE  EVENT  FEDERAL
   45  PAYMENT  IS  REDUCED FROM NINETY FIVE PERCENT OF THE PREMIUM TAX CREDITS
   46  AND COST-SHARING REDUCTIONS  PURSUANT  TO  THE  PATIENT  PROTECTION  AND
   47  AFFORDABLE CARE ACT (P.L. 111-148). THE CONTINGENCY PLAN SHALL BE IMPLE-
   48  MENTED  WITHIN NINETY DAYS OF THE ABOVE STATED EVENTS OR THE TIME PERIOD
   49  SPECIFIED IN FEDERAL LAW.
   50    9. REPORTING.  THE COMMISSIONER SHALL SUBMIT A REPORT TO THE TEMPORARY
   51  PRESIDENT OF THE SENATE AND THE SPEAKER  OF  THE  ASSEMBLY  ANNUALLY  BY
   52  DECEMBER THIRTY-FIRST. THE REPORT SHALL INCLUDE, AT A MINIMUM, AN ANALY-
   53  SIS OF THE BASIC HEALTH PROGRAM AND ITS IMPACT ON THE FINANCIAL INTEREST
   54  OF  THE  STATE;  ITS  IMPACT  ON  THE  HEALTH BENEFIT EXCHANGE INCLUDING
   55  ENROLLMENT AND PREMIUMS; ITS IMPACT ON THE NUMBER OF UNINSURED  INDIVID-
   56  UALS  IN THE STATE; ITS IMPACT ON THE MEDICAID GLOBAL CAP; AND THE DEMO-
       S. 2007--B                         23                         A. 3007--B
    1  GRAPHICS OF BASIC HEALTH PROGRAM ENROLLEES INCLUDING AGE AND IMMIGRATION
    2  STATUS.
    3    S  29. Section 1 of part B of chapter 59 of the laws of 2011, amending
    4  the public health law relating to rates of payment and  medical  assist-
    5  ance, is amended to read as follows:
    6    Section  1.    (a)  Notwithstanding any inconsistent provision of law,
    7  rule or regulation to the contrary, and subject to the  availability  of
    8  federal  financial participation, effective for the period April 1, 2011
    9  through March 31, 2012, and  each  state  fiscal  year  thereafter,  the
   10  department  of  health  is  authorized  to  make  supplemental  Medicaid
   11  payments OR SUPPLEMENTAL MEDICAID MANAGED CARE PAYMENTS for professional
   12  services provided  by  physicians,  nurse  practitioners  and  physician
   13  assistants  who  are participating in a plan for the management of clin-
   14  ical practice at the State University of New York,  in  accordance  with
   15  title  11  of article 5 of the social services law for patients eligible
   16  for federal financial participation  under  title  XIX  of  the  federal
   17  social security act, in amounts that will increase fees for such profes-
   18  sional services to an amount equal to the average commercial or Medicare
   19  rate that would otherwise be received for such services rendered by such
   20  physicians,  nurse  practitioners  and  physician assistants. The calcu-
   21  lation of such supplemental fee payments shall  be  made  in  accordance
   22  with  applicable  federal law and regulation and subject to the approval
   23  of the division of the budget. Such supplemental Medicaid  fee  payments
   24  may  be added to the professional fees paid under the fee schedule [or],
   25  made as aggregate lump sum payments to eligible clinical practice  plans
   26  authorized to receive professional fees OR MADE AS SUPPLEMENTAL PAYMENTS
   27  MADE  FOR  SUCH  PURPOSE  AS  DESCRIBED  HEREIN TO MEDICAID MANAGED CARE
   28  ORGANIZATIONS. SUPPLEMENTAL MEDICAID MANAGED CARE  PAYMENTS  UNDER  THIS
   29  SECTION  SHALL  BE DISTRIBUTED TO PROVIDERS AS DETERMINED BY THE MANAGED
   30  CARE MODEL CONTRACT AND MAY UTILIZE MANAGED CARE  ORGANIZATION  REPORTED
   31  ENCOUNTER DATA AND OTHER SUCH METRICS AS DETERMINED BY THE DEPARTMENT OF
   32  HEALTH  IN  ORDER  TO  ENSURE RATES OF PAYMENT EQUIVALENT TO THE AVERAGE
   33  COMMERCIAL OR MEDICARE RATE THAT WOULD OTHERWISE BE  RECEIVED  FOR  SUCH
   34  SERVICES  RENDERED BY SUCH PHYSICIANS, NURSE PRACTITIONERS AND PHYSICIAN
   35  ASSISTANTS.
   36    (b) The affiliated State University of New York health science centers
   37  shall be responsible for payment of one hundred percent of the  non-fed-
   38  eral  share of such supplemental Medicaid payments OR SUPPLEMENTAL MEDI-
   39  CAID MANAGED CARE PAYMENTS for  all  services  provided  by  physicians,
   40  nurse  practitioners and physician assistants who are participating in a
   41  plan for the management of clinical practice, in accordance with section
   42  365-a of the social services law, regardless of whether  another  social
   43  services district or the department of health may otherwise be responsi-
   44  ble  for furnishing medical assistance to the eligible persons receiving
   45  such services.
   46    S 30. Section 93 of part H of chapter 59 of the laws of 2011, amending
   47  the public health law relating to general hospital inpatient  reimburse-
   48  ment for annual rates, is amended to read as follows:
   49    S  93.  1.  Notwithstanding any inconsistent provision of law, rule or
   50  regulation to the contrary, and subject to the availability  of  federal
   51  financial  participation, effective for the period April 1, 2011 through
   52  March 31, 2012, and each state fiscal year thereafter, the department of
   53  health is authorized to make supplemental Medicaid payments  OR  SUPPLE-
   54  MENTAL MEDICAID MANAGED CARE PAYMENTS for professional services provided
   55  by  physicians,  nurse  practitioners  and  physician assistants who are
   56  employed by a public benefit corporation or a non-state operated  public
       S. 2007--B                         24                         A. 3007--B
    1  general  hospital  operated  by  a public benefit corporation or who are
    2  providing professional services at a facility  of  such  public  benefit
    3  corporation  as  either  a member of a practice plan or an employee of a
    4  professional corporation or limited liability corporation under contract
    5  to provide services to patients of such a public benefit corporation, in
    6  accordance  with  title  11  of article 5 of the social services law for
    7  patients eligible for federal financial participation under title XIX of
    8  the federal social security act, in amounts that will increase fees  for
    9  such  professional  services  to  an amount equal to either the Medicare
   10  rate or the average commercial rate that would otherwise be received for
   11  such services rendered  by  such  physicians,  nurse  practitioners  and
   12  physician  assistants,  provided,  however,  that  such supplemental fee
   13  payments shall not be available with  regard  to  services  provided  at
   14  facilities  participating  in  the Medicare Teaching Election Amendment.
   15  The calculation of such supplemental  fee  payments  shall  be  made  in
   16  accordance with applicable federal law and regulation and subject to the
   17  approval  of the division of the budget.  Such supplemental Medicaid fee
   18  payments may be added to the professional fees paid under the fee sched-
   19  ule [or], made as aggregate lump sum payments to entities authorized  to
   20  receive professional fees OR MADE AS SUPPLEMENTAL PAYMENTS MADE FOR SUCH
   21  PURPOSE  AS  DESCRIBED  HEREIN  TO  MEDICAID MANAGED CARE ORGANIZATIONS.
   22  SUPPLEMENTAL MEDICAID MANAGED CARE PAYMENTS UNDER THIS SECTION SHALL  BE
   23  DISTRIBUTED  TO  PROVIDERS  AS  DETERMINED  BY  THE  MANAGED  CARE MODEL
   24  CONTRACT AND MAY UTILIZE MANAGED CARE  ORGANIZATION  REPORTED  ENCOUNTER
   25  DATA AND OTHER SUCH METRICS AS DETERMINED BY THE DEPARTMENT OF HEALTH IN
   26  ORDER TO ENSURE RATES OF PAYMENT EQUIVALENT TO THE AVERAGE COMMERCIAL OR
   27  MEDICARE  RATE  THAT  WOULD  OTHERWISE  BE  RECEIVED  FOR  SUCH SERVICES
   28  RENDERED BY SUCH PHYSICIANS, NURSE PRACTITIONERS AND  PHYSICIAN  ASSIST-
   29  ANTS.
   30    2. The supplemental Medicaid payments OR SUPPLEMENTAL MEDICAID MANAGED
   31  CARE PAYMENTS for professional services authorized by subdivision one of
   32  this  section  may  be  made  only at the election of the public benefit
   33  corporation or the local social services district in which the non-state
   34  operated public general hospital is located. The electing public benefit
   35  corporation or local social services district shall, notwithstanding the
   36  social services district Medicaid cap provisions of Part C of chapter 58
   37  of the laws of 2005, be responsible for payment of one  hundred  percent
   38  of  the  non-federal  share  of  such supplemental Medicaid payments, in
   39  accordance with section 365-a of the social services law, regardless  of
   40  whether another social services district or the department of health may
   41  otherwise be responsible for furnishing medical assistance to the eligi-
   42  ble  persons receiving such services. Social services district or public
   43  benefit corporation  funding  of  the  non-federal  share  of  any  such
   44  payments  shall  be deemed to be voluntary for purposes of the increased
   45  federal medical assistance percentage provisions of the American  Recov-
   46  ery  and  Reinvestment Act of 2009, provided, however, that in the event
   47  the federal Centers for Medicare and Medicaid Services  determines  that
   48  such  non-federal share payments are not voluntary payments for purposes
   49  of such act, the provisions of this section shall be null and void.
   50    S 31.  Subparagraph (iii) of paragraph (d) of subdivision 1 of section
   51  367-a of the social services law, as amended by section 65 of part H  of
   52  chapter 59 of the laws 2011, is amended to read as follows:
   53    (iii)  [When payment under part B of title XVIII of the federal social
   54  security act for] WITH RESPECT TO items and services provided to  eligi-
   55  ble  persons  who  are also beneficiaries under part B of title XVIII of
   56  the federal social security act and [for] items and services provided to
       S. 2007--B                         25                         A. 3007--B
    1  qualified medicare beneficiaries under part B  of  title  XVIII  of  the
    2  federal  social  security  act  [would  exceed the amount that otherwise
    3  would be made under this title if provided to an eligible  person  other
    4  than  a  person who is also a beneficiary under part B or is a qualified
    5  medicare beneficiary, the amount payable for services covered under this
    6  title shall be twenty percent  of],  THE  AMOUNT  PAYABLE  FOR  SERVICES
    7  COVERED UNDER THIS TITLE SHALL BE the amount of any co-insurance liabil-
    8  ity  of  such  eligible  persons  pursuant  to federal law were they not
    9  eligible for medical assistance or  were  they  not  qualified  medicare
   10  beneficiaries with respect to such benefits under such part B, BUT SHALL
   11  NOT  EXCEED  THE AMOUNT THAT OTHERWISE WOULD BE MADE UNDER THIS TITLE IF
   12  PROVIDED TO AN ELIGIBLE PERSON OTHER THAN A PERSON WHO IS ALSO A BENEFI-
   13  CIARY UNDER PART B OR IS A  QUALIFIED  MEDICARE  BENEFICIARY  MINUS  THE
   14  AMOUNT  PAYABLE  UNDER  PART B; provided, however, amounts payable under
   15  this title for items and services provided to eligible persons  who  are
   16  also  beneficiaries  under part B or to qualified medicare beneficiaries
   17  by an ambulance service under the authority of an operating  certificate
   18  issued  pursuant  to article thirty of the public health law, a psychol-
   19  ogist licensed under article one hundred fifty-three  of  the  education
   20  law,  or  a  facility  under  the  authority of an operating certificate
   21  issued pursuant to article sixteen,  thirty-one  or  thirty-two  of  the
   22  mental  hygiene  law  and with respect to outpatient hospital and clinic
   23  items and services provided by a facility  under  the  authority  of  an
   24  operating  certificate  issued  pursuant  to article twenty-eight of the
   25  public health law, shall not be less than the amount of any co-insurance
   26  liability of such eligible persons or such qualified medicare  benefici-
   27  aries,  or  for  which  such eligible persons or such qualified medicare
   28  beneficiaries would be liable under federal law were they  not  eligible
   29  for medical assistance or were they not qualified medicare beneficiaries
   30  with respect to such benefits under part B.
   31    S 32.Intentionally omitted.
   32    S 33.Intentionally omitted.
   33    S 34.Intentionally omitted.
   34    S  35.  Section  133 of the social services law, as amended by chapter
   35  455 of the laws of 2010, is amended to read as follows:
   36    S 133. Temporary preinvestigation emergency needs assistance or  care.
   37  Upon  application  for public assistance or care under this chapter, the
   38  local social services district shall notify the applicant in writing  of
   39  the  availability  of  a monetary grant adequate to meet emergency needs
   40  assistance or care and shall,  at  such  time,  determine  whether  such
   41  person  is  in  immediate  need.  If it shall appear that a person is in
   42  immediate need, emergency needs assistance  or  care  shall  be  granted
   43  pending   completion  of  an  investigation.  The  written  notification
   44  required by this section shall inform such person of a right to an expe-
   45  dited hearing when emergency needs  assistance  or  care  is  denied.  A
   46  public  assistance applicant who has been denied emergency needs assist-
   47  ance or care must be given reason for such denial in a written  determi-
   48  nation  which  sets  forth  the  basis  for such denial. NOTHING IN THIS
   49  SECTION SHALL BE CONSTRUED TO REQUIRE THE SOCIAL  SERVICES  DISTRICT  OR
   50  ANY  STATE  AGENCY  TO  PROVIDE  MEDICAL ASSISTANCE, EXCEPT AS OTHERWISE
   51  REQUIRED BY TITLE ELEVEN OF THIS ARTICLE.
   52    S 36.  Subdivision 7 of section 364-i of the social services  law,  as
   53  added  by  section  34  of  part A of chapter 56 of the laws of 2013, is
   54  amended to read as follows:
   55    7. Notwithstanding [section one hundred thirty-three of this  chapter]
   56  ANY  OTHER  SECTION  OF  LAW, where care [or], services, OR SUPPLIES are
       S. 2007--B                         26                         A. 3007--B
    1  received prior to the date [the] AN individual  is  determined  eligible
    2  for  assistance  under  this  title,  medical  assistance reimbursement,
    3  REGARDLESS OF FUNDING SOURCE, shall be available  for  such  care  [or],
    4  services,  OR  SUPPLIES only (a) if the care [or], services, OR SUPPLIES
    5  are received during the three month period preceding the month of appli-
    6  cation for medical assistance and the recipient is  determined  to  have
    7  been  eligible  in  the month in which the care [or], service, OR SUPPLY
    8  was received, or (b) [as] IF  provided  [for  in]  DURING  A  PERIOD  OF
    9  PRESUMPTIVE  ELIGIBILITY PURSUANT TO this section [or regulations of the
   10  department].
   11    S 36-a. Paragraph (e) of subdivision 2 of section 365-a of the  social
   12  services  law,  as  amended by section 89 of part H of chapter 59 of the
   13  laws of 2011, is amended to read as follows:
   14    (e) (i) personal care services, including personal emergency  response
   15  services,  shared aide and an individual aide, subject to the provisions
   16  of subparagraphs (ii), (iii), and (iv) of this paragraph,  furnished  to
   17  an individual who is not an inpatient or resident of a hospital, nursing
   18  facility,  intermediate  care  facility  for  the  mentally retarded, or
   19  institution for mental disease, as determined to  meet  the  recipient's
   20  needs  for  assistance  when  cost  effective  and appropriate, and when
   21  prescribed by a physician, in accordance with the  recipient's  plan  of
   22  treatment  and provided by individuals who are qualified to provide such
   23  services, who are supervised by a  registered  nurse  and  who  are  not
   24  members of the recipient's family, and furnished in the recipient's home
   25  or other location;
   26    (ii)  the  commissioner  is authorized to adopt standards, pursuant to
   27  emergency regulation, for  the  provision  and  management  of  services
   28  available  under  this  paragraph  for  individuals  whose need for such
   29  services exceeds a specified level to be determined by the commissioner;
   30    (iii) the commissioner [is authorized to] SHALL provide assistance  to
   31  persons receiving services under this paragraph who are transitioning to
   32  receiving  care from a managed long term care plan certified pursuant to
   33  section forty-four hundred three-f of the public health law,  CONSISTENT
   34  WITH  SUBDIVISION  THIRTY-ONE  OF  SECTION THREE HUNDRED SIXTY-FOUR-J OF
   35  THIS TITLE;
   36    (iv) personal care services available pursuant to this paragraph shall
   37  not exceed eight hours per week for individuals whose needs are  limited
   38  to nutritional and environmental support functions;
   39    S  36-b. Section 364-j of the social services law is amended by adding
   40  a new subdivision 31 to read as follows:
   41    31. (A) THE COMMISSIONER SHALL REQUIRE MANAGED  CARE  PROVIDERS  UNDER
   42  THIS  SECTION,  MANAGED  LONG-TERM  CARE  PLANS UNDER SECTION FORTY-FOUR
   43  HUNDRED THREE-F THE PUBLIC HEALTH LAW AND  OTHER  APPROPRIATE  LONG-TERM
   44  SERVICE  PROGRAMS  TO  ADOPT EXPEDITED PROCEDURES FOR APPROVING PERSONAL
   45  CARE SERVICES FOR A MEDICAL ASSISTANCE RECIPIENT WHO REQUIRES  IMMEDIATE
   46  PERSONAL CARE OR CONSUMER DIRECTED PERSONAL ASSISTANCE SERVICES PURSUANT
   47  TO   PARAGRAPH   (E)   OF  SUBDIVISION  TWO  OF  SECTION  THREE  HUNDRED
   48  SIXTY-FIVE-A OF THIS TITLE OR SECTION THREE HUNDRED SIXTY-FIVE-F OF THIS
   49  TITLE, RESPECTIVELY, OR OTHER LONG-TERM CARE, AND PROVIDE SUCH  CARE  OR
   50  SERVICES AS APPROPRIATE, PENDING APPROVAL BY SUCH PROVIDER OR PROGRAM.
   51    S  36-c. Section 366-a of the social services law is amended by adding
   52  a new subdivision 12 to read as follows:
   53    12. THE COMMISSIONER SHALL DEVELOP EXPEDITED PROCEDURES FOR  DETERMIN-
   54  ING  MEDICAL ASSISTANCE ELIGIBILITY FOR ANY MEDICAL ASSISTANCE APPLICANT
   55  WITH AN IMMEDIATE NEED FOR PERSONAL CARE OR CONSUMER  DIRECTED  PERSONAL
   56  ASSISTANCE  SERVICES  PURSUANT  TO  PARAGRAPH  (E) OF SUBDIVISION TWO OF
       S. 2007--B                         27                         A. 3007--B
    1  SECTION THREE HUNDRED  SIXTY-FIVE-A  OF  THIS  TITLE  OR  SECTION  THREE
    2  HUNDRED  SIXTY-FIVE-F OF THIS TITLE, RESPECTIVELY. SUCH PROCEDURES SHALL
    3  REQUIRE THAT A FINAL ELIGIBILITY DETERMINATION BE MADE WITHIN SEVEN DAYS
    4  OF THE DATE OF A COMPLETE MEDICAL ASSISTANCE APPLICATION.
    5    S  37.  Notwithstanding  any  provision of law to the contrary, monies
    6  equal to the amount of enhanced federal  medical  assistance  percentage
    7  monies  available as a result of the state's participation in the commu-
    8  nity first choice state plan option under section 1915 of title  XIX  of
    9  the federal social security act, in each state fiscal year shall be made
   10  available  as  additional  funds  to  be  used  to implement the state's
   11  comprehensive plan for serving New Yorkers with disabilities in the most
   12  integrated setting, also know as the state's Olmstead plan. Such  monies
   13  shall  be  expended  for the purposes consistent with the Olmstead plan,
   14  including, additional funding for services provided pursuant to  section
   15  three  hundred sixty-five-f of the social services law, supportive hous-
   16  ing, wage supports for home and personal  care  workers,  transportation
   17  supports,  and  the  transition of behavioral health services to managed
   18  care. The department of health shall, after consultation with the senate
   19  finance committee and assembly ways and means  committee,  stakeholders,
   20  relevant  state  agencies, the division of budget and the Olmstead cabi-
   21  net, submit a report to the temporary president of the senate,  and  the
   22  speaker  of the assembly, the chair of the senate finance committee, the
   23  chair of the assembly ways and means committee, and the  chairs  of  the
   24  senate  and  assembly health committees, setting forth the plan to allo-
   25  cate such investments, and shall notify the senate finance committee and
   26  the assembly ways and means committee at least forty-five days prior  to
   27  implementation  of  such  allocation.   The commissioner of health shall
   28  report annually to the chairs of the assembly and senate  committees  on
   29  health,  aging,  and mental health, the chair of the senate committee on
   30  finance, the chair of the assembly ways and  means  committee,  and  the
   31  chair  of  the  assembly  task  force on people with disabilities on the
   32  amount of funding received and disbursed pursuant to this  section,  the
   33  projects or proposals supported by these funds, and compliance with this
   34  section.
   35    S 38. Section 2808 of the public health law is amended by adding a new
   36  subdivision 27 to read as follows:
   37    27.  THE  COMMISSIONER IS AUTHORIZED TO CONDUCT AN ENERGY AUDIT AND/OR
   38  DISASTER PREPAREDNESS REVIEW OF RESIDENTIAL HEALTH CARE FACILITIES. SUCH
   39  AUDIT OR REVIEW SHALL EXPLORE  THE  ENERGY  EFFICIENCY  AND/OR  DISASTER
   40  PREPAREDNESS  OF  THE REAL PROPERTY CAPITAL ASPECTS OF EACH FACILITY AND
   41  DEVELOP A COST/BENEFIT ANALYSIS  OF  POTENTIAL  MODIFICATIONS  FOR  EACH
   42  FACILITY.  SUCH  AUDIT  OR REVIEW SHALL SERVE AS THE BASIS FOR AN ENERGY
   43  EFFICIENCY AND/OR DISASTER PREPAREDNESS PROGRAM TO BE DEVELOPED  BY  THE
   44  DEPARTMENT  IN  REGULATIONS. PARTICIPATION IN SUCH AUDIT OR REVIEW SHALL
   45  BE A CONDITION TO PARTICIPATION IN  ANY  SUCH  PROGRAM  DEVELOPED  AS  A
   46  RESULT  THEREOF, AND SHALL ALSO BE A CONDITION TO RECEIPT OF ANY FUNDING
   47  AVAILABLE UNDER SUCH PROGRAM. SUCH PROGRAM SHALL ONLY BE IMPLEMENTED  IF
   48  IT IS IN THE BEST FINANCIAL INTERESTS OF THE STATE, AS DETERMINED BY THE
   49  COMMISSIONER.  AT  LEAST  FORTY-FIVE  DAYS  PRIOR  TO  IMPLEMENTING SUCH
   50  PROGRAM, THE DEPARTMENT SHALL REPORT TO THE SENATE AND  ASSEMBLY  HEALTH
   51  COMMITTEES, THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE
   52  COMMITTEE  THE  RESULTS  OF  THE  ENERGY AUDIT AUTHORIZED HEREIN AND THE
   53  PROPOSED ELIGIBILITY CRITERIA, FUNDING  SOURCES,  THE  MANNER  IN  WHICH
   54  SAVINGS  MAY  BE  SHARED  BETWEEN THE STATE AND FACILITIES AND ANY OTHER
   55  INFORMATION REQUESTED BY SUCH COMMITTEES ABOUT SUCH PROGRAM PRIOR TO THE
   56  TRANSMITTAL OF THE REPORT.
       S. 2007--B                         28                         A. 3007--B
    1    S 39. Intentionally omitted.
    2    S 40. Intentionally omitted.
    3    S  40-a.  Subdivision 8 of section 4403-f of the public health law, as
    4  amended by section 21 of part C of chapter 58 of the laws  of  2007,  is
    5  amended to read as follows:
    6    8.  Payment  rates  for managed long term care plan enrollees eligible
    7  for medical assistance. The commissioner shall establish  payment  rates
    8  for  services  provided  to  enrollees  eligible  under title XIX of the
    9  federal social security act. Such payment  rates  shall  be  subject  to
   10  approval by the director of the division of the budget and shall reflect
   11  savings to both state and local governments when compared to costs which
   12  would  be incurred by such program if enrollees were to receive compara-
   13  ble health and long term care services on a fee-for-service basis in the
   14  geographic region in which such services are proposed  to  be  provided.
   15  Payment rates shall be risk-adjusted to take into account the character-
   16  istics  of  enrollees, or proposed enrollees, including, but not limited
   17  to:   frailty, disability level,  health  and  functional  status,  age,
   18  gender,  the  nature  of  services provided to such enrollees, and other
   19  factors as determined by the commissioner. The  risk  adjusted  premiums
   20  may  also  be  combined  with  disincentives or requirements designed to
   21  mitigate any incentives to obtain higher payment categories. IN  SETTING
   22  SUCH  PAYMENT  RATES, THE COMMISSIONER SHALL CONSIDER COSTS BORNE BY THE
   23  MANAGED CARE PROGRAM TO ENSURE ACTUARIALLY SOUND AND ADEQUATE  RATES  OF
   24  PAYMENT TO ENSURE QUALITY OF CARE.
   25    S 40-b. Intentionally omitted.
   26    S  40-c. Subdivision 18 of section 364-j of the social services law is
   27  amended by adding a new paragraph (c) to read as follows:
   28    (C) IN SETTING SUCH REIMBURSEMENT METHODOLOGIES, THE DEPARTMENT  SHALL
   29  CONSIDER  COSTS  BORNE BY THE MANAGED CARE PROGRAM TO ENSURE ACTUARIALLY
   30  SOUND AND ADEQUATE RATES OF PAYMENT TO ENSURE QUALITY OF CARE.
   31    S 41. Intentionally omitted.
   32    S 42.  Subdivision 12 of section 367-a of the social services law,  as
   33  amended  by section 63-a of part C of chapter 58 of the laws of 2007, is
   34  amended to read as follows:
   35    12. Prior to receiving medical assistance under subparagraphs [twelve]
   36  FIVE and [thirteen] SIX of paragraph [(a)] (C)  of  subdivision  one  of
   37  section three hundred sixty-six of this title, a person whose net avail-
   38  able  income  is  at  least  one hundred fifty percent of the applicable
   39  federal income official poverty line, as  defined  and  updated  by  the
   40  United States department of health and human services, must pay a month-
   41  ly  premium,  in  accordance  with  a procedure to be established by the
   42  commissioner. The amount of such premium shall  be  twenty-five  dollars
   43  for an individual who is otherwise eligible for medical assistance under
   44  such  subparagraphs,  and  fifty  dollars for a couple, both of whom are
   45  otherwise eligible for medical assistance under such  subparagraphs.  No
   46  premium  shall  be  required from a person whose net available income is
   47  less than one hundred fifty percent of  the  applicable  federal  income
   48  official  poverty  line,  as  defined  and  updated by the United States
   49  department of health and human services.
   50    S 43. Subparagraph 6 of paragraph (b) of subdivision 1 of section  366
   51  of  the  social services law, as added by section 1 of part D of chapter
   52  56 of the laws of 2013, is amended to read as follows:
   53    (6) An individual who is not otherwise eligible for medical assistance
   54  under this section is eligible for coverage of family planning  services
   55  reimbursed  by  the  federal government at a rate of ninety percent, and
   56  for coverage of those services identified by the commissioner of  health
       S. 2007--B                         29                         A. 3007--B
    1  as  services  generally  performed  as  part  of  or as a follow-up to a
    2  service eligible for such ninety percent reimbursement, including treat-
    3  ment for sexually transmitted diseases, if his or her  income  does  not
    4  exceed the MAGI-equivalent of two hundred percent of the federal poverty
    5  line  for  the  applicable  family  size,  which  shall be calculated in
    6  accordance with guidance issued by the secretary of  the  United  States
    7  department  of  health  and human services[.]; PROVIDED FURTHER THAT THE
    8  COMMISSIONER OF HEALTH IS AUTHORIZED TO ESTABLISH CRITERIA FOR  PRESUMP-
    9  TIVE  ELIGIBILITY FOR SERVICES PROVIDED PURSUANT TO THIS SUBPARAGRAPH IN
   10  ACCORDANCE WITH ALL APPLICABLE REQUIREMENTS OF FEDERAL LAW OR REGULATION
   11  PERTAINING TO SUCH ELIGIBILITY.
   12    S 44. Subdivision 1 of section 398-b of the social  services  law,  as
   13  added  by  section  44  of  part C of chapter 60 of the laws of 2014, is
   14  amended to read as follows:
   15    1. Notwithstanding any inconsistent provision of law to  the  contrary
   16  and  subject to the availability of federal financial participation, the
   17  commissioner is authorized to make grants [from] UP TO a gross amount of
   18  five million dollars FOR STATE FISCAL YEAR TWO  THOUSAND  FOURTEEN--FIF-
   19  TEEN  AND  UP  TO  A  GROSS  AMOUNT OF FIFTEEN MILLION DOLLARS FOR STATE
   20  FISCAL YEAR TWO THOUSAND FIFTEEN--SIXTEEN to facilitate  the  transition
   21  of  foster  care  children placed with voluntary foster care agencies to
   22  managed care. The use of such funds may include providing  training  and
   23  consulting  services  to voluntary agencies to [access] ASSESS readiness
   24  and make  necessary  infrastructure  and  organizational  modifications,
   25  collecting  service  utilization  and other data from voluntary agencies
   26  and other entities, and making investments in health  information  tech-
   27  nology, including the infrastructure necessary to establish and maintain
   28  electronic health records. Such funds shall be distributed pursuant to a
   29  formula  to  be developed by the commissioner of health, in consultation
   30  with the commissioner of the office of CHILDREN AND family  [and  child]
   31  services.  In  developing  such  formula the commissioners may take into
   32  account size and scope of provider operations as a  factor  relevant  to
   33  eligibility  for  such  funds.  Each  recipient  of  such funds shall be
   34  required to document and demonstrate the effective use of funds distrib-
   35  uted herein.  IF FEDERAL FINANCIAL PARTICIPATION  IS  UNAVAILABLE,  THEN
   36  THE  NONFEDERAL  SHARE  OF  PAYMENTS PURSUANT TO THIS SUBDIVISION MAY BE
   37  MADE AS STATE GRANTS.
   38    S 45. Paragraph (g) of subdivision 1 of  section  366  of  the  social
   39  services law, as added by section 50 of part C of chapter 60 of the laws
   40  of 2014, is amended to read as follows:
   41    (g) Coverage of certain noncitizens. (1) Applicants and recipients who
   42  are  lawfully  admitted  for permanent residence, or who are permanently
   43  residing in the United States under color of law, OR WHO ARE  NON-CITIZ-
   44  ENS  IN A VALID NONIMMIGRANT STATUS, AS DEFINED IN 8 U.S.C. 1101(A)(15);
   45  who are MAGI eligible pursuant to paragraph (b) of this subdivision; and
   46  who would be ineligible for medical assistance coverage  under  subdivi-
   47  sions  one  and  two of section three hundred sixty-five-a of this title
   48  solely due to their immigration status if the provisions of section  one
   49  hundred  twenty-two of this chapter were applied, shall only be eligible
   50  for assistance under this title if enrolled in a  standard  health  plan
   51  offered  by a basic health program established pursuant to section three
   52  hundred sixty-nine-gg of this article if such program is established and
   53  operating.
   54    (2) With respect to a person described in  subparagraph  one  of  this
   55  paragraph  who is enrolled in a standard health plan, medical assistance
   56  coverage shall mean:
       S. 2007--B                         30                         A. 3007--B
    1    (i) payment of required premiums and  other  cost-sharing  obligations
    2  under the standard health plan that exceed the person's co-payment obli-
    3  gation  under  subdivision six of section three hundred sixty-seven-a of
    4  this title; and
    5    (ii) payment for services and supplies described in subdivision one or
    6  two  of section three hundred sixty-five-a of this title, as applicable,
    7  but only to the extent that such services and supplies are  not  covered
    8  by the standard health plan.
    9    (3)  Nothing  in  this subdivision shall prevent a person described in
   10  subparagraph one of this paragraph  from  qualifying  for  or  receiving
   11  medical assistance while his or her enrollment in a standard health plan
   12  is pending, in accordance with applicable provisions of this title.
   13    S  46.  Subdivision 8 of section 369-gg of the social services law, as
   14  added by section 51 of part C of chapter 60 of the laws of 2014  and  as
   15  renumbered  by  section  twenty-eight of this act, is amended to read as
   16  follows:
   17    8.  An individual who is lawfully  admitted  for  permanent  residence
   18  [or],  permanently  residing in the United States under color of law, OR
   19  WHO IS A NON-CITIZEN IN A VALID NONIMMIGRANT STATUS,  AS  DEFINED  IN  8
   20  U.S.C.  1101(A)(15),  and who would be ineligible for medical assistance
   21  under title eleven of this article due to his or her immigration  status
   22  if the provisions of section one hundred twenty-two of this chapter were
   23  applied, shall be considered to be ineligible for medical assistance for
   24  purposes of paragraphs (b) and (c) of subdivision three of this section.
   25    S 46-a. Section 365-d of the social services law is REPEALED and a new
   26  section 365-d is added to read as follows:
   27    S 365-D. MEDICAID EVIDENCE BASED BENEFIT REVIEW ADVISORY COMMITTEE. 1.
   28  THE  DEPARTMENT  SHALL  CONVENE A MEDICAID EVIDENCE BASED BENEFIT REVIEW
   29  ADVISORY COMMITTEE. THE COMMITTEE SHALL PROVIDE ADVICE AND  MAKE  RECOM-
   30  MENDATIONS  REGARDING  COVERAGE  OF  HEALTH  TECHNOLOGY  OR  SERVICE FOR
   31  PURPOSES OF THE  MEDICAL  ASSISTANCE  PROGRAM.  THE  COMMISSIONER  SHALL
   32  CONSULT  SUCH  COMMITTEE  PRIOR  TO ANY DETERMINATION MADE REGARDING THE
   33  COVERAGE STATUS OF A PARTICULAR ITEM, HEALTH TECHNOLOGY OR SERVICE BASED
   34  ON PROCEDURES ESTABLISHED IN SUBDIVISION FIVE OF THIS SECTION UNDER  THE
   35  MEDICAL  ASSISTANCE PROGRAM. FOR PURPOSES OF THIS SECTION, "HEALTH TECH-
   36  NOLOGY" MEANS MEDICAL  DEVICES  AND  SURGICAL  PROCEDURES  USED  IN  THE
   37  PREVENTION,  DIAGNOSIS AND TREATMENT OF DISEASE AND OTHER MEDICAL CONDI-
   38  TIONS. FOR PURPOSES OF THIS SECTION  "SERVICES"  MEANS  ANY  MEDICAL  OR
   39  BEHAVIORAL HEALTH PROCEDURE.
   40    2. (A) THE MEMBERSHIP OF SUCH COMMITTEE SHALL, AT A MINIMUM, INCLUDE:
   41    (I)  AT LEAST THREE PERSONS LICENSED AND ACTIVELY ENGAGED IN THE PRAC-
   42  TICE OF MEDICINE IN THIS STATE;
   43    (II) ONE PERSON LICENSED AND ACTIVELY ENGAGED IN THE PRACTICE OF NURS-
   44  ING AS A NURSE PRACTITIONER, OR IN THE PRACTICE  OF  MIDWIFERY  IN  THIS
   45  STATE;
   46    (III)  ONE  PERSON  WITH  EXPERTISE IN HEALTH TECHNOLOGY ASSESSMENT OR
   47  EVIDENCE BASED MEDICAL REVIEW WHO IS PREFERABLY A  HEALTH  CARE  PROFES-
   48  SIONAL LICENSED UNDER TITLE EIGHT OF THE EDUCATION LAW;
   49    (IV) THREE PERSONS WHO SHALL BE CONSUMERS OR REPRESENTATIVES OF ORGAN-
   50  IZATIONS  WITH  A  REGIONAL  OR STATEWIDE CONSTITUENCY AND WHO HAVE BEEN
   51  INVOLVED IN ACTIVITIES RELATED TO HEALTH CARE CONSUMER ADVOCACY;
   52    (V) ONE PERSON WHO IS A REPRESENTATIVE OF A HOSPITAL ORGANIZATION WITH
   53  A REGIONAL, NATIONAL OR STATEWIDE CONSTITUENCY;
   54    (VI) ONE PERSON WHO IS A  REPRESENTATIVE  OF  A  HEALTH  INSURANCE  OR
   55  MANAGED CARE ORGANIZATION WITH A REGIONAL, STATEWIDE OR NATIONAL CONSTI-
   56  TUENCY;
       S. 2007--B                         31                         A. 3007--B
    1    (VII) ONE PERSON WHO IS A HEALTH ECONOMIST;
    2    (VIII)  ONE  PERSON WITH HEALTH CARE EXPERTISE WHO IS APPOINTED BY THE
    3  TEMPORARY PRESIDENT OF THE SENATE;
    4    (IX) ONE PERSON WITH HEALTH CARE EXPERTISE WHO  IS  APPOINTED  BY  THE
    5  SPEAKER OF THE ASSEMBLY;
    6    (X)  A MEMBER OF THE DEPARTMENT WHO SHALL ACT AS CHAIRPERSON AS DESIG-
    7  NATED BY THE COMMISSIONER; AND
    8    (XI) THE COMMITTEE MAY INVITE AND CONSULT WITH SCIENTIFIC,  TECHNICAL,
    9  OR  CLINICAL  EXPERTS  WITH  DEMONSTRABLE EXPERIENCE OR KNOWLEDGE OF THE
   10  TECHNOLOGY OR MEDICAL SPECIALTY AREA UNDER REVIEW.
   11    3. THE DEPARTMENT SHALL PROVIDE VIDEO OR AUDIO ACCESS TO ALL  MEETINGS
   12  OF SUCH COMMITTEE THROUGH THE DEPARTMENT'S WEBSITE.
   13    4.  THE  MEMBERS  OF  THE  COMMITTEE SHALL RECEIVE NO COMPENSATION FOR
   14  THEIR SERVICES BUT SHALL BE REIMBURSED FOR EXPENSES ACTUALLY AND  NECES-
   15  SARILY  INCURRED  IN  THE  PERFORMANCE  OF THEIR DUTIES UNLESS EXPRESSLY
   16  STATED OTHERWISE IN THIS SECTION, MEMBERS  SHALL  BE  APPOINTED  BY  THE
   17  COMMISSIONER.  MEMBERS  SHALL  SERVE  THREE YEAR TERMS, AND MAY BE REAP-
   18  POINTED FOR SUBSEQUENT TERMS. COMMITTEE MEMBERS SHALL BE  DEEMED  TO  BE
   19  EMPLOYEES  OF  THE  DEPARTMENT  FOR PURPOSES OF SECTION SEVENTEEN OF THE
   20  PUBLIC OFFICERS LAW, AND SHALL NOT PARTICIPATE IN ANY MATTER BEFORE  THE
   21  COMMITTEE FOR WHICH A CONFLICT OF INTEREST EXISTS.
   22    5.  THE COMMITTEE SHALL CONSIDER ANY MATTER REGARDING MATERIAL CHANGES
   23  IN THE COVERAGE STATUS  OF  A  PARTICULAR  ITEM,  HEALTH  TECHNOLOGY  OR
   24  SERVICE,  AND ANY MATTER RELATIVE TO NEW HEALTH TECHNOLOGY ASSESSMENT OR
   25  MEDICAL EVIDENCE REVIEW FOR WHICH THE DEPARTMENT DETERMINES A SUFFICIENT
   26  BODY OF EVIDENCE EXISTS TO WARRANT COMMITTEE DELIBERATION.  THE  COMMIS-
   27  SIONER  SHALL  PROVIDE  MEMBERS  OF  THE  COMMITTEE WITH ANY EVIDENCE OR
   28  INFORMATION RELATED TO THE HEALTH TECHNOLOGY OR MEDICAL SERVICE  ASSESS-
   29  MENT  INCLUDING  BUT NOT LIMITED TO, INFORMATION SUBMITTED BY MEMBERS OF
   30  THE PUBLIC. THE DEPARTMENT SHALL REPORT TO  THE  COMMITTEE  PROGRAMMATIC
   31  CHANGES  TO BENEFITS THAT DO NOT RISE TO THE LEVEL OF A MATERIAL CHANGE,
   32  AS WELL AS DETERMINATIONS OF WHEN SUFFICIENT MEDICAL EVIDENCE EXISTS  TO
   33  WARRANT   COMMITTEE   DELIBERATIONS.   THE  COMMISSIONER  SHALL  PROVIDE
   34  FORTY-FIVE DAYS PUBLIC NOTICE ON THE DEPARTMENT'S WEBSITE PRIOR  TO  ANY
   35  MEETING  OF  THE  COMMITTEE TO DEVELOP RECOMMENDATIONS CONCERNING HEALTH
   36  TECHNOLOGY OR MEDICAL SERVICE  COVERAGE  DETERMINATIONS.    SUCH  NOTICE
   37  SHALL INCLUDE A DESCRIPTION OF THE PROPOSED HEALTH TECHNOLOGY OR SERVICE
   38  TO  BE REVIEWED, THE CONDITIONS OR DISEASES IMPACTED BY THE HEALTH TECH-
   39  NOLOGY OR SERVICE, THE PROPOSALS TO BE CONSIDERED BY THE COMMITTEE,  AND
   40  THE  SYSTEMATIC  EVIDENCE-BASED  ASSESSMENT  PREPARED IN ACCORDANCE WITH
   41  THIS SUBDIVISION. THE COMMITTEE SHALL ALLOW INTERESTED PARTIES A REASON-
   42  ABLE OPPORTUNITY TO MAKE AN ORAL PRESENTATION TO THE  COMMITTEE  RELATED
   43  TO THE HEALTH TECHNOLOGY OR SERVICE TO BE REVIEWED AND TO SUBMIT WRITTEN
   44  INFORMATION.  THE  COMMITTEE  SHALL CONSIDER ANY INFORMATION PROVIDED BY
   45  ANY INTERESTED PARTY, INCLUDING, BUT NOT LIMITED TO, HEALTH CARE PROVID-
   46  ERS, HEALTH CARE FACILITIES, PATIENTS, CONSUMERS AND MANUFACTURERS.  FOR
   47  ALL  HEALTH TECHNOLOGIES OR SERVICES SELECTED FOR REVIEW, THE DEPARTMENT
   48  SHALL CONDUCT OR COMMISSION A SYSTEMATIC  EVIDENCE-BASED  ASSESSMENT  OF
   49  THE  HEALTH  TECHNOLOGY'S OR SERVICE'S SAFETY AND CLINICAL EFFICACY. THE
   50  ASSESSMENT SHALL USE ESTABLISHED SYSTEMATIC REVIEW ELEMENTS, STUDY QUAL-
   51  ITY ASSESSMENT, AND DATA SYNTHESIS.  UPON  COMPLETION,  THE  SYSTEMATIC,
   52  EVIDENCE-BASED ASSESSMENT SHALL BE MADE AVAILABLE TO THE PUBLIC.
   53    6.  THE  COMMISSIONER SHALL PROVIDE NOTICE OF ANY COVERAGE RECOMMENDA-
   54  TIONS DEVELOPED BY THE COMMITTEE BY MAKING SUCH INFORMATION AVAILABLE ON
   55  THE DEPARTMENT'S WEBSITE. SUCH PUBLIC NOTICE SHALL INCLUDE:   A  SUMMARY
   56  OF  THE  DELIBERATIONS  OF  THE COMMITTEE; A SUMMARY OF THE POSITIONS OF
       S. 2007--B                         32                         A. 3007--B
    1  THOSE MAKING PUBLIC COMMENTS AT MEETINGS OF THE COMMITTEE AND ANY SAFETY
    2  AND HEALTH OUTCOMES DATA SUBMITTED BY ANY INTERESTED PARTY; THE RESPONSE
    3  OF THE COMMITTEE TO THOSE COMMENTS, IF ANY; THE CLINICAL  EVIDENCE  UPON
    4  WHICH  THE  COMMITTEE  BASES  ITS  RECOMMENDATIONS; AND THE FINDINGS AND
    5  RECOMMENDATIONS  OF  THE  COMMITTEE  INCLUDING  A  FINAL  EVIDENCE-BASED
    6  SYSTEMATIC ASSESSMENT.
    7    7.  THE  COMMISSIONER  SHALL PROVIDE PUBLIC NOTICE ON THE DEPARTMENT'S
    8  WEBSITE OF THE COMMITTEE'S RECOMMENDATION  AND  THE  DEPARTMENT'S  FINAL
    9  DETERMINATION,  INCLUDING:  THE NATURE OF THE DETERMINATION; AN ANALYSIS
   10  OF THE IMPACT OF THE DEPARTMENT'S DETERMINATION ON  THE  STATE  MEDICAID
   11  PLAN  POPULATIONS  AND PROVIDERS; AND THE PROJECTED FISCAL IMPACT TO THE
   12  STATE MEDICAID PROGRAM.
   13    8. THE  RECOMMENDATIONS  OF  THE  COMMITTEE,  MADE  PURSUANT  TO  THIS
   14  SECTION,  SHALL  BE  BASED  ON A REVIEW OF THE EVIDENCE PRESENTED TO THE
   15  COMMITTEE,  INCLUDING  THE  CLINICAL  EFFECTIVENESS,  PATIENT  OUTCOMES,
   16  IMPACT ON AT RISK AND UNDERSERVED POPULATIONS, AND SAFETY. THE COMMITTEE
   17  SHALL  REVIEW  PREVIOUS RECOMMENDATIONS OF THE COMMITTEE AS NEW EVIDENCE
   18  BECOMES AVAILABLE AND PERMIT ORAL PRESENTATIONS AND  THE  SUBMISSION  OF
   19  NEW  EVIDENCE AT ANY COMMITTEE MEETING. SUCH REVIEW SHALL OCCUR PURSUANT
   20  TO THE PROCEDURE ESTABLISHED  IN  SUBDIVISIONS  FIVE  AND  SIX  OF  THIS
   21  SECTION.    THE  DEPARTMENT  MAY ALTER OR REVOKE THE FINAL DETERMINATION
   22  AFTER SUCH REVIEW PURSUANT TO THE PROCEDURE ESTABLISHED  IN  SUBDIVISION
   23  SEVEN OF THIS SECTION.
   24    9.  THE DEPARTMENT SHALL PROVIDE ADMINISTRATIVE SUPPORT TO THE COMMIT-
   25  TEE.
   26    S 47. Young adult  special  populations  demonstration  programs.  The
   27  commissioner  of  health shall establish up to three young adult special
   28  populations demonstration programs to provide cost effective,  necessary
   29  services  and enhanced quality of care for targeted populations in order
   30  to demonstrate the effectiveness of the programs.  Eligible  individuals
   31  shall  have  severe  and chronic medical or health problems, or multiple
   32  disabling conditions which may be combined with developmental  disabili-
   33  ties.  The programs shall provide more appropriate settings and services
   34  for these individuals, help prevent out of state  placements  and  allow
   35  repatriation  back  to  their home communities. Eligible operator appli-
   36  cants shall have demonstrated expertise in caring for the targeted popu-
   37  lation including persons with severe and chronic medical or health prob-
   38  lems or multiple disabling conditions and a record of providing  quality
   39  care.
   40    Funds  may  include,  but  not  be limited to, start up funds, capital
   41  investments and enhanced rates.
   42    Of the demonstrations:
   43    (a) at least one shall be designed to serve persons aged twenty-one to
   44  thirty-five years of age who are  aging  out  of  pediatric  acute  care
   45  hospitals or pediatric nursing homes; and
   46    (b) at least one shall be designed to serve persons aged twenty-one to
   47  thirty-five years of age who have a developmental disability in addition
   48  to their severe and chronic medical or health problems and are aging out
   49  of pediatric acute care hospitals, pediatric nursing homes or children's
   50  residential  homes  operated  under  the  jurisdiction of the office for
   51  persons with developmental disabilities.
   52    The department of health shall be responsible for monitoring the qual-
   53  ity and appropriateness and effectiveness of the demonstration programs,
   54  and shall report to the legislature no later than December 31,  2015  on
   55  what  efforts it has undertaken toward the establishment of these demon-
   56  stration programs and shall report to the legislature two years  follow-
       S. 2007--B                         33                         A. 3007--B
    1  ing  the  establishment  of  a  demonstration  program  pursuant to this
    2  section.
    3    S  48. The public health law is amended by adding a new section 2805-x
    4  to read as follows:
    5    S 2805-X. HOSPITAL-HOME CARE-PHYSICIAN COLLABORATION PROGRAM.  1.  THE
    6  PURPOSE  OF  THIS SECTION SHALL BE TO FACILITATE INNOVATION IN HOSPITAL,
    7  HOME CARE AGENCY AND PHYSICIAN COLLABORATION IN MEETING THE  COMMUNITY'S
    8  HEALTH  CARE  NEEDS.  IT  SHALL PROVIDE A FRAMEWORK TO SUPPORT VOLUNTARY
    9  INITIATIVES IN COLLABORATION TO IMPROVE PATIENT CARE ACCESS AND  MANAGE-
   10  MENT,  PATIENT  HEALTH OUTCOMES, COST-EFFECTIVENESS IN THE USE OF HEALTH
   11  CARE SERVICES AND COMMUNITY POPULATION HEALTH. SUCH COLLABORATIVE INITI-
   12  ATIVES MAY ALSO INCLUDE PAYORS, SKILLED  NURSING  FACILITIES  AND  OTHER
   13  INTERDISCIPLINARY PROVIDERS, PRACTITIONERS AND SERVICE ENTITIES.
   14    2. FOR PURPOSES OF THIS SECTION:
   15    (A)  "HOSPITAL"  SHALL  INCLUDE  A GENERAL HOSPITAL AS DEFINED IN THIS
   16  ARTICLE OR OTHER INPATIENT FACILITY FOR REHABILITATION OR SPECIALTY CARE
   17  WITHIN THE DEFINITION OF HOSPITAL IN THIS ARTICLE.
   18    (B) "HOME CARE AGENCY" SHALL MEAN A CERTIFIED HOME HEALTH AGENCY, LONG
   19  TERM HOME HEALTH CARE PROGRAM OR LICENSED HOME CARE SERVICES  AGENCY  AS
   20  DEFINED IN ARTICLE THIRTY-SIX OF THIS CHAPTER.
   21    (C)  "PAYOR"  SHALL  MEAN  A  HEALTH PLAN APPROVED PURSUANT TO ARTICLE
   22  FORTY-FOUR OF THIS CHAPTER, OR ARTICLE THIRTY-TWO OR FORTY-THREE OF  THE
   23  INSURANCE LAW.
   24    (D)  "PRACTITIONER"  SHALL  MEAN  ANY  OF THE HEALTH, MENTAL HEALTH OR
   25  HEALTH RELATED PROFESSIONS LICENSED  PURSUANT  TO  TITLE  EIGHT  OF  THE
   26  EDUCATION LAW.
   27    3.  THE COMMISSIONER IS AUTHORIZED TO PROVIDE FINANCING INCLUDING, BUT
   28  NOT LIMITED TO, GRANTS OR POSITIVE  ADJUSTMENTS  IN  MEDICAL  ASSISTANCE
   29  RATES  OR  PREMIUM  PAYMENTS, TO THE EXTENT OF FUNDS AVAILABLE AND ALLO-
   30  CATED OR APPROPRIATED THEREFOR, INCLUDING FUNDS PROVIDED  TO  THE  STATE
   31  THROUGH  FEDERAL  WAIVERS,  FUNDS MADE AVAILABLE THROUGH STATE APPROPRI-
   32  ATIONS AND/OR FUNDING THROUGH SECTION TWENTY-EIGHT  HUNDRED  SEVEN-V  OF
   33  THIS  ARTICLE,  AS WELL AS WAIVERS OF REGULATIONS UNDER TITLE TEN OF THE
   34  NEW YORK CODES, RULES AND REGULATIONS, TO SUPPORT THE  VOLUNTARY  INITI-
   35  ATIVES AND OBJECTIVES OF THIS SECTION.
   36    4.  HOSPITAL-HOME  CARE-PHYSICIAN COLLABORATIVE INITIATIVES UNDER THIS
   37  SECTION MAY INCLUDE, BUT SHALL NOT BE LIMITED TO:
   38    (A) HOSPITAL-HOME CARE-PHYSICIAN  INTEGRATION  INITIATIVES,  INCLUDING
   39  BUT NOT LIMITED TO:
   40    (I)  TRANSITIONS  IN  CARE  INITIATIVES TO HELP EFFECTIVELY TRANSITION
   41  PATIENTS TO POST-ACUTE CARE  AT  HOME,  COORDINATE  FOLLOW-UP  CARE  AND
   42  ADDRESS ISSUES CRITICAL TO CARE PLAN SUCCESS AND READMISSION AVOIDANCE;
   43    (II)  CLINICAL  PATHWAYS  FOR  SPECIFIED CONDITIONS, GUIDING PATIENTS'
   44  PROGRESS AND OUTCOME GOALS, AS WELL AS EFFECTIVE HEALTH SERVICES USE;
   45    (III) APPLICATION OF TELEHEALTH/TELEMEDICINE  SERVICES  IN  MONITORING
   46  AND  MANAGING  PATIENT  CONDITIONS,  AND PROMOTING SELF-CARE/MANAGEMENT,
   47  IMPROVED OUTCOMES AND EFFECTIVE SERVICES USE;
   48    (IV) FACILITATION OF  PHYSICIAN  HOUSE  CALLS  TO  HOMEBOUND  PATIENTS
   49  AND/OR  TO  PATIENTS  FOR WHOM SUCH HOME VISITS ARE DETERMINED NECESSARY
   50  AND EFFECTIVE FOR PATIENT CARE MANAGEMENT;
   51    (V) ADDITIONAL MODELS FOR PREVENTION OF  AVOIDABLE  HOSPITAL  READMIS-
   52  SIONS AND EMERGENCY ROOM VISITS;
   53    (VI) HEALTH HOME DEVELOPMENT;
   54    (VII)  DEVELOPMENT  AND  DEMONSTRATION  OF NEW MODELS OF INTEGRATED OR
   55  COLLABORATIVE CARE AND CARE MANAGEMENT NOT OTHERWISE ACHIEVABLE  THROUGH
   56  EXISTING MODELS; AND
       S. 2007--B                         34                         A. 3007--B
    1    (VIII)  BUNDLED PAYMENT DEMONSTRATIONS FOR HOSPITAL-TO-POST-ACUTE-CARE
    2  FOR SPECIFIED CONDITIONS OR CATEGORIES  OF  CONDITIONS,  IN  PARTICULAR,
    3  CONDITIONS  PREDISPOSED  TO  HIGH  PREVALENCE  OF READMISSION, INCLUDING
    4  THOSE CURRENTLY SUBJECT TO FEDERAL/STATE PENALTY, AND  OTHER  DISCHARGES
    5  WITH EXTENSIVE POST-ACUTE NEEDS;
    6    (B)  RECRUITMENT,  TRAINING AND RETENTION OF HOSPITAL/HOME CARE DIRECT
    7  CARE STAFF AND PHYSICIANS, IN GEOGRAPHIC OR  CLINICAL  AREAS  OF  DEMON-
    8  STRATED NEED.  SUCH INITIATIVES MAY INCLUDE, BUT ARE NOT LIMITED TO, THE
    9  FOLLOWING ACTIVITIES:
   10    (I)  OUTREACH AND PUBLIC EDUCATION ABOUT THE NEED AND VALUE OF SERVICE
   11  IN HEALTH OCCUPATIONS;
   12    (II) TRAINING/CONTINUING EDUCATION  AND  REGULATORY  FACILITATION  FOR
   13  CROSS-TRAINING  TO  MAXIMIZE  FLEXIBILITY  IN  THE UTILIZATION OF STAFF,
   14  INCLUDING:
   15    (A) TRAINING OF HOSPITAL NURSES IN HOME CARE;
   16    (B) DUAL CERTIFIED NURSE AIDE/HOME HEALTH AIDE CERTIFICATION; AND
   17    (C) DUAL PERSONAL CARE AIDE/HHA CERTIFICATION;
   18    (III) SALARY/BENEFIT ENHANCEMENT;
   19    (IV) CAREER LADDER DEVELOPMENT; AND
   20    (V) OTHER INCENTIVES TO PRACTICE IN SHORTAGE AREAS; AND
   21    (C)  HOSPITAL - HOME CARE - PHYSICIAN COLLABORATIVES FOR THE CARE  AND
   22  MANAGEMENT OF SPECIAL NEEDS, HIGH-RISK AND HIGH-COST PATIENTS, INCLUDING
   23  BUT  NOT LIMITED TO BEST PRACTICES, AND TRAINING AND EDUCATION OF DIRECT
   24  CARE PRACTITIONERS AND SERVICE EMPLOYEES.
   25    5. HOSPITALS AND HOME CARE AGENCIES WHICH ARE  PROVIDED  FINANCING  OR
   26  WAIVERS PURSUANT TO THIS SECTION SHALL REPORT TO THE COMMISSIONER ON THE
   27  PATIENT,  SERVICE AND COST EXPERIENCES PURSUANT TO THIS SECTION, INCLUD-
   28  ING THE EXTENT TO WHICH THE PROJECT GOALS ARE ACHIEVED. THE COMMISSIONER
   29  SHALL COMPILE AND  MAKE  SUCH  REPORTS  AVAILABLE  ON  THE  DEPARTMENT'S
   30  WEBSITE.
   31    S  49.  The  public  health  law is amended by adding two new sections
   32  3614-d and 3614-e to read as follows:
   33    S 3614-D. UNIVERSAL  STANDARDS  FOR  CODING  OF  PAYMENT  FOR  MEDICAL
   34  ASSISTANCE CLAIMS FOR LONG TERM CARE. CLAIMS FOR PAYMENT SUBMITTED UNDER
   35  CONTRACTS  OR  AGREEMENTS  WITH    INSURERS UNDER THE MEDICAL ASSISTANCE
   36  PROGRAM FOR HOME AND COMMUNITY-BASED LONG-TERM  CARE  SERVICES  PROVIDED
   37  UNDER  THIS  ARTICLE,  BY  FISCAL  INTERMEDIARIES  OPERATING PURSUANT TO
   38  SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES  LAW,  AND  BY
   39  RESIDENTIAL  HEALTH  CARE FACILITIES OPERATING PURSUANT TO ARTICLE TWEN-
   40  TY-EIGHT OF THIS CHAPTER SHALL HAVE STANDARD BILLING CODES. SUCH  INSUR-
   41  ERS  SHALL INCLUDE BUT NOT BE LIMITED TO MEDICAID MANAGED CARE PLANS AND
   42  MANAGED LONG TERM CARE PLANS. SUCH PAYMENTS SHALL BE BASED ON  UNIVERSAL
   43  BILLING  CODES  APPROVED  BY  THE  DEPARTMENT OR A NATIONALLY ACCREDITED
   44  ORGANIZATION AS APPROVED BY  THE  DEPARTMENT;  PROVIDED,  HOWEVER,  SUCH
   45  CODING  SHALL  BE  CONSISTENT  WITH  ANY  CODES DEVELOPED AS PART OF THE
   46  UNIFORM ASSESSMENT SYSTEM FOR LONG TERM CARE ESTABLISHED BY THE  DEPART-
   47  MENT.
   48    S  3614-E. ELECTRONIC PAYMENT OF CLAIMS. THE PAYMENT OF CLAIMS SUBMIT-
   49  TED UNDER CONTRACTS  OR  AGREEMENTS  WITH  INSURERS  UNDER  THE  MEDICAL
   50  ASSISTANCE  PROGRAM FOR HOME AND COMMUNITY-BASED LONG-TERM CARE SERVICES
   51  PROVIDED UNDER THIS ARTICLE, BY FISCAL INTERMEDIARIES OPERATING PURSUANT
   52  TO SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW, AND BY
   53  RESIDENTIAL HEALTH CARE FACILITIES OPERATING PURSUANT TO  ARTICLE  TWEN-
   54  TY-EIGHT  OF  THIS  CHAPTER SHALL BE PAID VIA ELECTRONIC FUNDS TRANSFER.
   55  SUCH INSURERS SHALL INCLUDE BUT NOT BE LIMITED TO MEDICAID MANAGED  CARE
   56  PLANS AND MANAGED LONG-TERM CARE PLANS.
       S. 2007--B                         35                         A. 3007--B
    1    S  50.  Subdivision  4 of section 365-h of the social services law, as
    2  amended by section 20 of part B of chapter 109 of the laws of  2010,  is
    3  amended to read as follows:
    4    4.  The  commissioner of health is authorized to assume responsibility
    5  from a local social services official for the provision  and  reimburse-
    6  ment  of  transportation  costs  under this section. If the commissioner
    7  elects to assume such responsibility, the commissioner shall notify  the
    8  local  social  services official in writing as to the election, the date
    9  upon which the election shall be effective and such  information  as  to
   10  transition  of  responsibilities  as the commissioner deems prudent. The
   11  commissioner is authorized to contract with a transportation manager  or
   12  managers  to manage transportation services in any local social services
   13  district, OTHER THAN TRANSPORTATION SERVICES PROVIDED  OR  ARRANGED  FOR
   14  ENROLLEES OF MANAGED LONG TERM CARE PLANS ISSUED CERTIFICATES OF AUTHOR-
   15  ITY  UNDER  SECTION FORTY-FOUR HUNDRED THREE-F OF THE PUBLIC HEALTH LAW.
   16  Any transportation manager or managers selected by the  commissioner  to
   17  manage  transportation  services shall have proven experience in coordi-
   18  nating transportation services in  a  geographic  and  demographic  area
   19  similar  to the area in New York state within which the contractor would
   20  manage the provision of services under this section. Such a contract  or
   21  contracts  may include responsibility for: review, approval and process-
   22  ing of transportation orders; management of  the  appropriate  level  of
   23  transportation based on documented patient medical need; and development
   24  of new technologies leading to efficient transportation services. If the
   25  commissioner  elects  to  assume such responsibility from a local social
   26  services district, the commissioner shall examine and,  if  appropriate,
   27  adopt  quality  assurance measures that may include, but are not limited
   28  to,  global  positioning  tracking  system  reporting  requirements  and
   29  service  verification mechanisms. Any and all reimbursement rates devel-
   30  oped by transportation managers under this subdivision shall be  subject
   31  to  the  review  and  approval of the commissioner. [Notwithstanding any
   32  inconsistent provision of sections one hundred twelve  and  one  hundred
   33  sixty-three  of  the state finance law, or section one hundred forty-two
   34  of the economic development law, or any other law, the  commissioner  is
   35  authorized  to enter into a contract or contracts under this subdivision
   36  without a competitive bid or request  for  proposal  process,  provided,
   37  however, that:
   38    (a)  the department shall post on its website, for a period of no less
   39  than thirty days:
   40    (i) a description of the proposed services to be provided pursuant  to
   41  the contract or contracts;
   42    (ii) the criteria for selection of a contractor or contractors;
   43    (iii)  the  period  of  time during which a prospective contractor may
   44  seek selection, which shall be no  less  than  thirty  days  after  such
   45  information is first posted on the website; and
   46    (iv)  the  manner  by  which  a  prospective  contractor may seek such
   47  selection, which may include submission by electronic means;
   48    (b) all reasonable and responsive submissions that are  received  from
   49  prospective  contractors  in  timely  fashion  shall  be reviewed by the
   50  commissioner; and
   51    (c) the commissioner shall select such contractor or contractors that,
   52  in his or her discretion, are best suited to serve the purposes of  this
   53  section.]
   54    S 51. Section 2826 of the public health law is amended by adding a new
   55  subdivision (c-1) to read as follows:
       S. 2007--B                         36                         A. 3007--B
    1    (C-1) THE COMMISSIONER, UNDER APPLICATIONS SUBMITTED TO THE DEPARTMENT
    2  PURSUANT  TO  SUBDIVISION  (D)  OF THIS SECTION, SHALL CONSIDER CRITERIA
    3  THAT INCLUDES, BUT IS NOT LIMITED TO:
    4    (I)  SUCH  APPLICANT'S  FINANCIAL  CONDITION AS EVIDENCED BY OPERATING
    5  MARGINS, NEGATIVE FUND BALANCE OR NEGATIVE EQUITY POSITION;
    6    (II) THE EXTENT TO WHICH SUCH APPLICANT FULFILLS OR  WILL  FULFILL  AN
    7  UNMET HEALTH CARE NEED FOR ACUTE INPATIENT, OUTPATIENT, PRIMARY OR RESI-
    8  DENTIAL HEALTH CARE SERVICES IN A COMMUNITY;
    9    (III) THE EXTENT TO WHICH SUCH APPLICATION WILL INVOLVE SAVINGS TO THE
   10  MEDICAID PROGRAM;
   11    (IV) THE QUALITY OF THE APPLICATION AS EVIDENCED BY SUCH APPLICATION'S
   12  LONG  TERM  SOLUTIONS  FOR  SUCH APPLICANT TO ACHIEVE SUSTAINABLE HEALTH
   13  CARE SERVICES, IMPROVING THE QUALITY OF PATIENT CARE, AND/OR  TRANSFORM-
   14  ING THE DELIVERY OF HEALTH CARE SERVICES TO MEET COMMUNITY NEEDS;
   15    (V)  THE  EXTENT TO WHICH SUCH APPLICANT IS GEOGRAPHICALLY ISOLATED IN
   16  RELATION TO OTHER PROVIDERS; OR
   17    (VI) THE EXTENT TO WHICH SUCH APPLICANT PROVIDES SERVICES TO AN UNDER-
   18  SERVED AREA IN RELATION TO OTHER PROVIDERS.
   19    S 52. Paragraph (d) of subdivision 2-a of section 2808 of  the  public
   20  health  law,  as added by chapter 483 of the laws of 1978, is amended to
   21  read as follows:
   22    (d) For facilities granted operating certificates on  or  after  March
   23  tenth, nineteen hundred seventy-five, recognition of real property costs
   24  in such regulations shall be based upon historical costs to the owner of
   25  the facility, provided that payment for real property costs shall not be
   26  in  excess of the actual debt service, including principal and interest,
   27  and payment with respect to owner's equity, AND FURTHER  PROVIDED  THAT,
   28  SUBJECT  TO FEDERAL FINANCIAL PARTICIPATION, AND SUBJECT TO THE APPROVAL
   29  OF THE COMMISSIONER, EFFECTIVE APRIL FIRST, TWO  THOUSAND  FIFTEEN,  THE
   30  COMMISSIONER  MAY  MODIFY  SUCH  PAYMENTS  FOR  REAL  PROPERTY COSTS FOR
   31  PURPOSES OF EFFECTUATING A SHARED SAVINGS  PROGRAM,  WHEREBY  FACILITIES
   32  SHARE  A  MINIMUM OF FIFTY PERCENT OF SAVINGS, FOR FACILITIES THAT ELECT
   33  TO REFINANCE THEIR MORTGAGE LOANS. For  purposes  of  this  subdivision,
   34  owner's equity shall be calculated without regard to any surplus created
   35  by  revaluation  of  assets and shall not include amounts resulting from
   36  mortgage amortization where the payment therefor has  been  provided  by
   37  real property cost reimbursement.
   38    S  53.  The  opening  paragraph  of subdivision 1 and subdivision 3 of
   39  section 367-s of the social services law, as amended  by  section  8  of
   40  part  C  of  chapter  60  of  the  laws  of 2014, are amended to read as
   41  follows:
   42    Notwithstanding any provision of law to the contrary,  a  supplemental
   43  medical assistance payment shall be made on an annual basis to providers
   44  of  emergency medical transportation services in an aggregate amount not
   45  to exceed four million dollars for two thousand six, six million dollars
   46  for two thousand seven, six million  dollars  for  two  thousand  eight,
   47  [and]  six  million dollars for the period May first, two thousand four-
   48  teen through March thirty-first, two thousand fifteen, AND  SIX  MILLION
   49  DOLLARS  ANNUALLY  BEGINNING  WITH  THE PERIOD APRIL FIRST, TWO THOUSAND
   50  FIFTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN pursuant to the
   51  following methodology:
   52    3. If all necessary approvals under federal law and regulation are not
   53  obtained to receive federal  financial  participation  in  the  payments
   54  authorized by this section, payments under this section shall be made in
   55  an  aggregate  amount not to exceed two million dollars for two thousand
   56  six, three million dollars for two thousand seven, three million dollars
       S. 2007--B                         37                         A. 3007--B
    1  for two thousand eight [and], three million dollars for the  period  May
    2  first,  two  thousand  fourteen through March thirty-first, two thousand
    3  fifteen, AND THREE MILLION DOLLARS ANNUALLY BEGINNING  WITH  THE  PERIOD
    4  APRIL  FIRST, TWO THOUSAND FIFTEEN THROUGH MARCH THIRTY-FIRST, TWO THOU-
    5  SAND SIXTEEN. In such case, the multiplier set forth in paragraph (b) of
    6  subdivision one of this section  shall  be  deemed  to  be  two  million
    7  dollars or three million dollars as applicable to the annual period.
    8    S  54.  Paragraph  (e)  of subdivision 8 of section 2511 of the public
    9  health law is REPEALED.
   10    S 55. Subdivision 18 of section 364-j of the social  services  law  is
   11  amended by adding two new paragraphs (c) and (d) to read as follows:
   12    (C)  THE  DEPARTMENT  OF  HEALTH SHALL REQUIRE THE INDEPENDENT ACTUARY
   13  SELECTED PURSUANT TO PARAGRAPH (B) OF  THIS  SUBDIVISION  TO  PROVIDE  A
   14  COMPLETE ACTUARIAL MEMORANDUM, ALONG WITH ALL ACTUARIAL ASSUMPTIONS MADE
   15  AND  ALL OTHER DATA, MATERIALS AND METHODOLOGIES USED IN THE DEVELOPMENT
   16  OF RATES, TO MANAGED CARE PROVIDERS THIRTY DAYS PRIOR TO  SUBMISSION  OF
   17  SUCH  RATES  TO  THE  CENTERS  FOR  MEDICARE  AND  MEDICAID SERVICES FOR
   18  APPROVAL. MANAGED CARE PROVIDERS MAY REQUEST ADDITIONAL  REVIEW  OF  THE
   19  ACTUARIAL SOUNDNESS OF THE RATE SETTING PROCESS AND/OR METHODOLOGY.
   20    (D)  THE  DEPARTMENT OF HEALTH SHALL ANNUALLY PROVIDE TO THE TEMPORARY
   21  PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY THE ANNUAL MEDI-
   22  CAID MANAGED CARE OPERATING REPORTS SUBMITTED  TO  THE  DEPARTMENT  FROM
   23  MANAGED  CARE  PLANS  THAT  CONTRACT  WITH  THE STATE TO MANAGE SERVICES
   24  PROVIDED UNDER THE MEDICAID PROGRAM.
   25    S 56. Subdivisions 2 and 3 of section 19 of part B of  chapter  58  of
   26  the  laws  of  2007  amending  the  elder law and other laws relating to
   27  authorizing  the  adjustment  of  the  Medicaid  nursing  home   capital
   28  reimbursement cap are amended to read as follows:
   29    2. Notwithstanding subdivision one of this section, on a demonstration
   30  basis,  without  requirement for a request for proposals, the department
   31  may adjust the medicaid nursing home capital reimbursement cap in  order
   32  to: (A) effectuate the construction of a residential health care facili-
   33  ty  described  in subdivision one of this section, by the Capital Region
   34  Rehabilitation Center also  known  as  the  Eddy  Cohoes  Rehabilitation
   35  Center;   AND   (B)   EFFECTUATE  A  RESIDENTIAL  HEALTH  CARE  FACILITY
   36  CONSTRUCTION PROJECT BY THE JEWISH HOME OF ROCHESTER.
   37    3. Upon completion and occupation of the [first] residential unit of a
   38  facility under this demonstration and annually thereafter, [the  Capital
   39  Region  Rehabilitation  Center  also  known as the Eddy Cohoes Rehabili-
   40  tation Center] THE ELIGIBLE FACILITIES shall report to the department on
   41  the number of patients  served,  the  type  of  services  provided,  and
   42  outcome  and financial data that demonstrates the efficacy of this resi-
   43  dential model.
   44    S 57. Notwithstanding any inconsistent provision of law, rule or regu-
   45  lation to the contrary, for purposes of implementing the  provisions  of
   46  the  public health law and the social services law, references to titles
   47  XIX and XXI of the federal social security act in the public health  law
   48  and  the social services law shall be deemed to include and also to mean
   49  any successor titles thereto under the federal social security act.
   50    S 58. Notwithstanding any inconsistent provision of law, rule or regu-
   51  lation, the effectiveness of the provisions of sections 2807 and 3614 of
   52  the public health law, section 18 of chapter 2 of the laws of 1988,  and
   53  18  NYCRR  505.14(h), as they relate to time frames for notice, approval
   54  or certification of rates of payment, are hereby suspended  and  without
   55  force or effect for purposes of implementing the provisions of this act.
       S. 2007--B                         38                         A. 3007--B
    1    S  59. Severability clause. If any clause, sentence, paragraph, subdi-
    2  vision, section or part of this act shall be adjudged by  any  court  of
    3  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    4  impair or invalidate the remainder thereof, but shall be confined in its
    5  operation  to  the  clause, sentence, paragraph, subdivision, section or
    6  part thereof directly involved in the controversy in which such judgment
    7  shall have been rendered. It is hereby declared to be the intent of  the
    8  legislature  that  this act would have been enacted even if such invalid
    9  provisions had not been included herein.
   10    S 60. This act shall take effect immediately and shall  be  deemed  to
   11  have  been  in  full  force  and  effect  on and after April 1, 2015 and
   12  provided that:
   13    1. sections one and fifty-two of this act shall expire and  be  deemed
   14  repealed March 31, 2020;
   15    2.  sections  nine,  twelve and thirteen of this act shall take effect
   16  June 1, 2015;
   17    3. section thirty-one of this act shall take effect July 1, 2015;
   18    4. section fifteen-a of this act shall take effect  October  1,  2015;
   19  provided  however that such section shall not take effect if, on October
   20  1, 2015: (a) federal law or regulation requires the department of health
   21  to calculate its Medicaid payments  to  managed  care  organizations  to
   22  include  cost  sharing  established  under  the  State  plan for medical
   23  assistance for enrollees who are not exempt from cost sharing;  and  (b)
   24  the  department of health has obtained a waiver of such requirement from
   25  the Centers for Medicare and Medicaid Services;  provided  further  that
   26  the  commissioner  of  health shall notify the legislative bill drafting
   27  commission of the grant or denial of such  waiver  by  the  Centers  for
   28  Medicare  and  Medicaid  Services  provided for in this section in order
   29  that the commission may maintain an accurate and timely  effective  data
   30  base of the official text of the laws of the state of New York in furth-
   31  erance  of  effectuating the provisions of section 44 of the legislative
   32  law.
   33    5. section thirty-eight  of  this  act  shall  expire  and  be  deemed
   34  repealed March 31, 2018;
   35    6. section forty-nine of this act shall apply to any coding of payment
   36  or claims for long term care on and after January 1, 2016;
   37    7.  sections  twenty-eight and forty-six of this act shall take effect
   38  on the same date and in the same manner as section 51 of part C of chap-
   39  ter 60 of the laws of 2014 takes effect;
   40    8. section forty-five of this act shall take effect on the  same  date
   41  and in the same manner as section 50 of part C of chapter 60 of the laws
   42  of 2014 takes effect;
   43    9.  the amendments made to section 364-j of the social services law by
   44  sections thirty-six-b, forty-c and fifty-five  of  this  act  shall  not
   45  affect  the  repeal of such sections and shall be deemed repealed there-
   46  with;
   47    9-a. the amendments made to section 4403-f of the public health law by
   48  section forty-a of this act shall not affect the repeal of such  section
   49  and shall be deemed repealed therewith;
   50    9-b.  the  amendments made to section 365-h of the social services law
   51  by section fifty of this act shall not affect the repeal of such section
   52  and shall be deemed repealed therewith;
   53    10. any rules or regulations necessary to implement the provisions  of
   54  this  act  may be promulgated and any procedures, forms, or instructions
   55  necessary for such implementation may be adopted and issued on or  after
   56  the date this act shall have become a law;
       S. 2007--B                         39                         A. 3007--B
    1    11.  this  act shall not be construed to alter, change, affect, impair
    2  or defeat any rights, obligations, duties or interests accrued, incurred
    3  or conferred prior to the effective date of this act;
    4    12.  the  commissioner of health and the superintendent of the depart-
    5  ment of financial services and any appropriate council  may  take  steps
    6  necessary to implement this act prior to its effective date;
    7    13.  notwithstanding  any inconsistent provision of the state adminis-
    8  trative procedure act or any other provision of law, rule or regulation,
    9  the commissioner of health and the superintendent of the  department  of
   10  financial services and any appropriate council is authorized to adopt or
   11  amend  or promulgate any regulation he or she or such council determines
   12  necessary to implement any provision of this act on its effective  date;
   13  and
   14    14.  the provisions of this act shall become effective notwithstanding
   15  the failure of the commissioner of health or the superintendent  of  the
   16  department  of  financial  services  or any council to adopt or amend or
   17  promulgate regulations implementing this act.
   18                                   PART C
   19    Section 1.  Section 48-a of part A of chapter 56 of the laws  of  2013
   20  amending  chapter  59 of the laws of 2011 amending the public health law
   21  and other laws relating to general  hospital  reimbursement  for  annual
   22  rates  relating to the cap on local Medicaid expenditures, as amended by
   23  section 13 of part C of chapter 60 of the laws of 2014,  is  amended  to
   24  read as follows:
   25    S  48-a. 1. Notwithstanding any contrary provision of law, the commis-
   26  sioners of the office of alcoholism and substance abuse services and the
   27  office of mental health are authorized, subject to the approval  of  the
   28  director  of the budget, to transfer to the commissioner of health state
   29  funds to be utilized as the state share for the  purpose  of  increasing
   30  payments  under  the  medicaid  program  to  managed  care organizations
   31  licensed under article 44 of the public health law or under  article  43
   32  of the insurance law. Such managed care organizations shall utilize such
   33  funds  for  the  purpose  of  reimbursing providers licensed pursuant to
   34  article 28 of the public health law or article 31 or 32  of  the  mental
   35  hygiene  law for ambulatory behavioral health services, as determined by
   36  the commissioner of health, in consultation  with  the  commissioner  of
   37  alcoholism  and  substance  abuse  services  and the commissioner of the
   38  office of mental health, provided to medicaid eligible outpatients. Such
   39  reimbursement shall be in the form of fees for such services  which  are
   40  equivalent to the payments established for such services under the ambu-
   41  latory  patient  group (APG) rate-setting methodology as utilized by the
   42  department of health, the  office  of  alcoholism  and  substance  abuse
   43  services,  or  the  office  of  mental health for rate-setting purposes;
   44  provided, however, that the increase to such fees that shall result from
   45  the provisions of this section shall not, in the aggregate and as deter-
   46  mined by the commissioner of health, in consultation  with  the  commis-
   47  sioner  of  alcoholism and substance abuse services and the commissioner
   48  of the office of mental health, be greater than the increased funds made
   49  available pursuant to this section.   The increase  of  such  ambulatory
   50  behavioral  health  fees to providers available under this section shall
   51  be for all rate periods on and after the effective date of [the] SECTION
   52  13 OF PART C OF chapter 60 of the  laws  of  2014  [which  amended  this
   53  section]  through  [December 31, 2016] JUNE 30, 2017 for patients in the
   54  city of New York, for all rate periods on and after the  effective  date
       S. 2007--B                         40                         A. 3007--B
    1  of  [the]  SECTION 13 OF PART C OF chapter 60 of the laws of 2014 [which
    2  amended this section] through [June 30,] DECEMBER 31, 2017 for  patients
    3  outside  the city of New York, and for all rate periods on and after the
    4  effective  date  of such chapter [of the laws of 2014 which amended this
    5  section] through December 31, 2017 for all services provided to  persons
    6  under the age of twenty-one; provided, however, that managed care organ-
    7  izations  and  providers  may  negotiate  different rates and methods of
    8  payment during such periods described above, subject to the approval  of
    9  the  department  of  health. The department of health shall consult with
   10  the office of alcoholism and substance abuse services and the office  of
   11  mental  health  in  determining  whether such alternative rates shall be
   12  approved. The commissioner of  health  may,  in  consultation  with  the
   13  commissioner  of alcoholism and substance abuse services and the commis-
   14  sioner of the office of mental health, promulgate regulations, including
   15  emergency regulations promulgated prior to October 1, 2015 to  establish
   16  rates  for  ambulatory  behavioral  health services, as are necessary to
   17  implement the provisions of this section. Rates promulgated  under  this
   18  section  shall  be included in the report required under section 45-c of
   19  part A of this chapter.
   20    2. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW,  THE  FEES  PAID  BY
   21  MANAGED  CARE  ORGANIZATIONS  LICENSED  UNDER  ARTICLE  44 OF THE PUBLIC
   22  HEALTH LAW OR UNDER ARTICLE  43  OF  THE  INSURANCE  LAW,  TO  PROVIDERS
   23  LICENSED  PURSUANT  TO ARTICLE 28 OF THE PUBLIC HEALTH LAW OR ARTICLE 31
   24  OR 32 OF THE  MENTAL  HYGIENE  LAW,  FOR  AMBULATORY  BEHAVIORAL  HEALTH
   25  SERVICES  PROVIDED  TO  PATIENTS  ENROLLED IN THE CHILD HEALTH INSURANCE
   26  PROGRAM PURSUANT TO TITLE ONE-A OF ARTICLE 25 OF THE PUBLIC HEALTH  LAW,
   27  SHALL  BE  IN THE FORM OF FEES FOR SUCH SERVICES WHICH ARE EQUIVALENT TO
   28  THE PAYMENTS ESTABLISHED FOR SUCH SERVICES UNDER THE AMBULATORY  PATIENT
   29  GROUP  (APG)  RATE-SETTING METHODOLOGY. THE COMMISSIONER OF HEALTH SHALL
   30  CONSULT WITH THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
   31  AND THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH IN DETERMINING  SUCH
   32  SERVICES  AND  ESTABLISHING SUCH FEES. SUCH AMBULATORY BEHAVIORAL HEALTH
   33  FEES TO PROVIDERS AVAILABLE UNDER THIS SECTION SHALL  BE  FOR  ALL  RATE
   34  PERIODS ON AND AFTER THE EFFECTIVE DATE OF THIS CHAPTER THROUGH DECEMBER
   35  31, 2017, PROVIDED, HOWEVER, THAT MANAGED CARE ORGANIZATIONS AND PROVID-
   36  ERS  MAY  NEGOTIATE  DIFFERENT  RATES AND METHODS OF PAYMENT DURING SUCH
   37  PERIODS DESCRIBED ABOVE, SUBJECT TO THE APPROVAL OF  THE  DEPARTMENT  OF
   38  HEALTH.  THE DEPARTMENT OF HEALTH SHALL CONSULT WITH THE OFFICE OF ALCO-
   39  HOLISM  AND  SUBSTANCE ABUSE SERVICES AND THE OFFICE OF MENTAL HEALTH IN
   40  DETERMINING WHETHER SUCH ALTERNATIVE  RATES  SHALL  BE  APPROVED.    THE
   41  REPORT  REQUIRED  UNDER SECTION 16-A OF PART C OF CHAPTER 60 OF THE LAWS
   42  OF 2014 SHALL ALSO INCLUDE THE POPULATION OF PATIENTS  ENROLLED  IN  THE
   43  CHILD  HEALTH INSURANCE PROGRAM PURSUANT TO TITLE ONE-A OF ARTICLE 25 OF
   44  THE PUBLIC HEALTH LAW IN ITS EXAMINATION ON THE TRANSITION OF BEHAVIORAL
   45  HEALTH SERVICES INTO MANAGED CARE.
   46    S 2. Section 1 of part H of chapter 111 of the laws of  2010  relating
   47  to increasing Medicaid payments to providers through managed care organ-
   48  izations  and  providing  equivalent  fees through an ambulatory patient
   49  group methodology, as amended by section 15 of part C of chapter  60  of
   50  the laws of 2014, is amended to read as follows:
   51    Section  1.  A.  Notwithstanding  any  contrary  provision of law, the
   52  commissioners of  mental  health  and  alcoholism  and  substance  abuse
   53  services  are authorized, subject to the approval of the director of the
   54  budget, to transfer to the commissioner of  health  state  funds  to  be
   55  utilized as the state share for the purpose of increasing payments under
   56  the  medicaid program to managed care organizations licensed under arti-
       S. 2007--B                         41                         A. 3007--B
    1  cle 44 of the public health law or under article  43  of  the  insurance
    2  law.  Such  managed  care organizations shall utilize such funds for the
    3  purpose of reimbursing providers licensed pursuant to article 28 of  the
    4  public health law, or pursuant to article 31 or article 32 of the mental
    5  hygiene  law for ambulatory behavioral health services, as determined by
    6  the commissioner of health in  consultation  with  the  commissioner  of
    7  mental  health  and  commissioner  of  alcoholism  and  substance  abuse
    8  services, provided to medicaid eligible outpatients. Such  reimbursement
    9  shall  be  in the form of fees for such services which are equivalent to
   10  the payments established for such services under the ambulatory  patient
   11  group  (APG)  rate-setting  methodology as utilized by the department of
   12  health or by the office of mental health or  office  of  alcoholism  and
   13  substance  abuse  services for rate-setting purposes; provided, however,
   14  that the increase to such fees that shall result from the provisions  of
   15  this  section  shall  not,  in  the  aggregate  and as determined by the
   16  commissioner of health in consultation with the commissioners of  mental
   17  health  and alcoholism and substance abuse services, be greater than the
   18  increased funds made available pursuant to this section. The increase of
   19  such behavioral health fees to providers available  under  this  section
   20  shall  be  for all rate periods on and after the effective date of [the]
   21  SECTION 15 OF PART C OF chapter 60 of the laws of  2014  [which  amended
   22  this  section] through [December 31, 2016] JUNE 30, 2017 for patients in
   23  the city of New York, for all rate periods on and  after  the  effective
   24  date  of  [the]  SECTION  15 OF PART C OF chapter 60 of the laws of 2014
   25  [which amended this section] through [June 30,] DECEMBER  31,  2017  for
   26  patients  outside  the city of New York, and for all rate periods on and
   27  after the effective date of [the] SECTION 15 OF PART C OF chapter 60  of
   28  the  laws of 2014 [which amended this section] through December 31, 2017
   29  for all services provided  to  persons  under  the  age  of  twenty-one;
   30  provided,  however,  that  managed  care organizations and providers may
   31  negotiate different rates and methods of  payment  during  such  periods
   32  described,  subject  to  the  approval  of the department of health. The
   33  department of health shall consult with the  office  of  alcoholism  and
   34  substance  abuse services and the office of mental health in determining
   35  whether such alternative rates shall be approved.  The  commissioner  of
   36  health  may, in consultation with the commissioners of mental health and
   37  alcoholism and substance abuse services, promulgate regulations, includ-
   38  ing emergency regulations promulgated prior  to  October  1,  2013  that
   39  establish  rates  for  behavioral  health  services, as are necessary to
   40  implement the provisions of this section. Rates promulgated  under  this
   41  section  shall  be included in the report required under section 45-c of
   42  part A of chapter 56 of the laws of 2013.
   43    B. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW,  THE  FEES  PAID  BY
   44  MANAGED  CARE  ORGANIZATIONS  LICENSED  UNDER  ARTICLE  44 OF THE PUBLIC
   45  HEALTH LAW OR UNDER ARTICLE  43  OF  THE  INSURANCE  LAW,  TO  PROVIDERS
   46  LICENSED  PURSUANT  TO ARTICLE 28 OF THE PUBLIC HEALTH LAW OR ARTICLE 31
   47  OR 32 OF THE  MENTAL  HYGIENE  LAW,  FOR  AMBULATORY  BEHAVIORAL  HEALTH
   48  SERVICES  PROVIDED  TO  PATIENTS  ENROLLED IN THE CHILD HEALTH INSURANCE
   49  PROGRAM PURSUANT TO TITLE ONE-A OF ARTICLE 25 OF THE PUBLIC HEALTH  LAW,
   50  SHALL  BE  IN THE FORM OF FEES FOR SUCH SERVICES WHICH ARE EQUIVALENT TO
   51  THE PAYMENTS ESTABLISHED FOR SUCH SERVICES UNDER THE AMBULATORY  PATIENT
   52  GROUP  (APG)  RATE-SETTING METHODOLOGY. THE COMMISSIONER OF HEALTH SHALL
   53  CONSULT WITH THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
   54  AND THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH IN DETERMINING  SUCH
   55  SERVICES  AND  ESTABLISHING SUCH FEES. SUCH AMBULATORY BEHAVIORAL HEALTH
   56  FEES TO PROVIDERS AVAILABLE UNDER THIS SECTION SHALL  BE  FOR  ALL  RATE
       S. 2007--B                         42                         A. 3007--B
    1  PERIODS ON AND AFTER THE EFFECTIVE DATE OF THIS CHAPTER THROUGH DECEMBER
    2  31, 2017, PROVIDED, HOWEVER, THAT MANAGED CARE ORGANIZATIONS AND PROVID-
    3  ERS  MAY  NEGOTIATE  DIFFERENT  RATES AND METHODS OF PAYMENT DURING SUCH
    4  PERIODS  DESCRIBED  ABOVE,  SUBJECT TO THE APPROVAL OF THE DEPARTMENT OF
    5  HEALTH. THE DEPARTMENT OF HEALTH SHALL CONSULT WITH THE OFFICE OF  ALCO-
    6  HOLISM  AND  SUBSTANCE ABUSE SERVICES AND THE OFFICE OF MENTAL HEALTH IN
    7  DETERMINING WHETHER SUCH ALTERNATIVE  RATES  SHALL  BE  APPROVED.    THE
    8  REPORT  REQUIRED  UNDER SECTION 16-A OF PART C OF CHAPTER 60 OF THE LAWS
    9  OF 2014 SHALL ALSO INCLUDE THE POPULATION OF PATIENTS  ENROLLED  IN  THE
   10  CHILD  HEALTH INSURANCE PROGRAM PURSUANT TO TITLE ONE-A OF ARTICLE 25 OF
   11  THE PUBLIC HEALTH LAW IN ITS EXAMINATION ON THE TRANSITION OF BEHAVIORAL
   12  HEALTH SERVICES INTO MANAGED CARE.
   13    S 3. Notwithstanding any inconsistent provision of law, rule or  regu-
   14  lation, for purposes of implementing the provisions of the public health
   15  law and the social services law, references to titles XIX and XXI of the
   16  federal  social  security  act  in  the public health law and the social
   17  services law shall be deemed to include and also to mean  any  successor
   18  titles thereto under the federal social security act.
   19    S  4. Notwithstanding any inconsistent provision of law, rule or regu-
   20  lation, the effectiveness of the provisions of sections 2807 and 3614 of
   21  the public health law, section 18 of chapter 2 of the laws of 1988,  and
   22  18  NYCRR  505.14(h), as they relate to time frames for notice, approval
   23  or certification of rates of payment, are hereby suspended  and  without
   24  force or effect for purposes of implementing the provisions of this act.
   25    S 5. Severability clause. If any clause, sentence, paragraph, subdivi-
   26  sion,  section  or  part  of  this act shall be adjudged by any court of
   27  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   28  impair or invalidate the remainder thereof, but shall be confined in its
   29  operation  to  the  clause, sentence, paragraph, subdivision, section or
   30  part thereof directly involved in the controversy in which such judgment
   31  shall have been rendered. It is hereby declared to be the intent of  the
   32  legislature  that  this act would have been enacted even if such invalid
   33  provisions had not been included herein.
   34    S 6. This act shall take effect immediately and  shall  be  deemed  to
   35  have been in full force and effect on and after April 1, 2015. Provided,
   36  however that:
   37    1.  any  rules or regulations necessary to implement the provisions of
   38  this act may be promulgated and any procedures, forms,  or  instructions
   39  necessary  for such implementation may be adopted and issued on or after
   40  the date this act shall have become a law;
   41    2. this act shall not be construed to alter, change, affect, impair or
   42  defeat any rights, obligations, duties or interests accrued, incurred or
   43  conferred prior to the effective date of this act;
   44    3. the commissioner of health and the superintendent of the department
   45  of financial services and any appropriate council  may  take  any  steps
   46  necessary to implement this act prior to its effective date;
   47    4. notwithstanding any inconsistent provision of the state administra-
   48  tive  procedure  act  or any other provision of law, rule or regulation,
   49  the commissioner of health and the superintendent of the  department  of
   50  financial services and any appropriate council is authorized to adopt or
   51  amend  or  promulgate  on an emergency basis any regulation he or she or
   52  such council determines necessary to implement any provision of this act
   53  on its effective date;
   54    5. the provisions of this act shall become  effective  notwithstanding
   55  the  failure  of the commissioner of health or the superintendent of the
       S. 2007--B                         43                         A. 3007--B
    1  department of financial services or any council to  adopt  or  amend  or
    2  promulgate regulations implementing this act; and
    3    6.  the amendments to section 48-a of part A of chapter 56 of the laws
    4  of 2013 made by section one of this act and the amendments to section  1
    5  of part H of chapter 111 of the laws of 2010 made by section two of this
    6  act shall not affect the expiration of such sections and shall be deemed
    7  to expire therewith.
    8                                   PART D
    9    Section 1. Section 11 of chapter 884 of the laws of 1990, amending the
   10  public  health  law  relating  to  authorizing bad debt and charity care
   11  allowances for certified home health agencies, as amended by  section  3
   12  of  part  B  of  chapter  56  of the laws of 2013, is amended to read as
   13  follows:
   14    S 11. This act shall take effect immediately and:
   15    (a) sections one and three shall expire on December 31, 1996,
   16    (b) sections four through ten shall expire on June  30,  [2015]  2017,
   17  and
   18    (c) provided that the amendment to section 2807-b of the public health
   19  law  by  section two of this act shall not affect the expiration of such
   20  section 2807-b as otherwise provided by  law  and  shall  be  deemed  to
   21  expire therewith.
   22    S  2.  Subdivision 2 of section 246 of chapter 81 of the laws of 1995,
   23  amending the public health  law  and  other  laws  relating  to  medical
   24  reimbursement  and  welfare reform, as amended by section 4 of part B of
   25  chapter 56 of the laws of 2013, is amended to read as follows:
   26    2. Sections five, seven through nine,  twelve  through  fourteen,  and
   27  eighteen  of  this  act  shall  be deemed to have been in full force and
   28  effect on and after April 1, 1995 through March  31,  1999  and  on  and
   29  after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
   30  through  March 31, 2003 and on and after April 1, 2003 through March 31,
   31  2006 and on and after April 1, 2006 through March 31, 2007  and  on  and
   32  after  April  1,  2007  through March 31, 2009 and on and after April 1,
   33  2009 through March 31, 2011 and sections twelve, thirteen  and  fourteen
   34  of  this act shall be deemed to be in full force and effect on and after
   35  April 1, 2011 through March 31, 2015 AND ON  AND  AFTER  APRIL  1,  2015
   36  THROUGH MARCH 31, 2017;
   37    S  3.  Subparagraph  (vi) of paragraph (b) of subdivision 2 of section
   38  2807-d of the public health law, as amended by section 5 of  part  B  of
   39  chapter 56 of the laws of 2013, is amended to read as follows:
   40    (vi)  Notwithstanding  any contrary provision of this paragraph or any
   41  other provision of law or regulation to the  contrary,  for  residential
   42  health care facilities the assessment shall be six percent of each resi-
   43  dential  health care facility's gross receipts received from all patient
   44  care services and other operating income on a cash basis for the  period
   45  April  first,  two thousand two through March thirty-first, two thousand
   46  three for hospital  or  health-related  services,  including  adult  day
   47  services;  provided,  however,  that residential health care facilities'
   48  gross receipts attributable to payments received pursuant to title XVIII
   49  of the federal social security act (medicare) shall be excluded from the
   50  assessment; provided, however, that for all such gross receipts received
   51  on or after April first, two thousand three through March  thirty-first,
   52  two  thousand  five,  such assessment shall be five percent, and further
   53  provided that for all such gross receipts received  on  or  after  April
   54  first,  two thousand five through March thirty-first, two thousand nine,
       S. 2007--B                         44                         A. 3007--B
    1  and on or after April first, two thousand  nine  through  March  thirty-
    2  first,  two  thousand  eleven  such assessment shall be six percent, and
    3  further provided that for all such gross receipts received on  or  after
    4  April  first,  two thousand eleven through March thirty-first, two thou-
    5  sand thirteen such assessment shall be six percent, and further provided
    6  that for all such gross receipts received on or after April  first,  two
    7  thousand  thirteen through March thirty-first, two thousand fifteen such
    8  assessment shall be six percent, AND FURTHER PROVIDED THAT FOR ALL  SUCH
    9  GROSS  RECEIPTS  RECEIVED  ON OR AFTER APRIL FIRST, TWO THOUSAND FIFTEEN
   10  THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN SUCH ASSESSMENT SHALL
   11  BE SIX PERCENT.
   12    S 4. Section 88 of chapter 659 of the laws of 1997,  constituting  the
   13  long  term  care  integration  and  finance  act  of 1997, as amended by
   14  section 6 of part B of chapter 56 of the laws of  2013,  is  amended  to
   15  read as follows:
   16    S  88. Notwithstanding any provision of law to the contrary, all oper-
   17  ating demonstrations, as such term is defined in paragraph (c) of subdi-
   18  vision 1 of section 4403-f of the public health law as added by  section
   19  eighty-two  of this act, due to expire prior to January 1, 2001 shall be
   20  deemed to [expire on December 31, 2015] REMAIN IN FULL FORCE AND  EFFECT
   21  SUBSEQUENT TO SUCH DATE.
   22    S  5. Subdivision 1 of section 194 of chapter 474 of the laws of 1996,
   23  amending the education law and other laws relating to rates for residen-
   24  tial health care facilities, as amended by section 9 of part B of  chap-
   25  ter 56 of the laws of 2013, is amended to read as follows:
   26    1.  Notwithstanding  any  inconsistent provision of law or regulation,
   27  the trend factors used to project reimbursable operating  costs  to  the
   28  rate  period  for  purposes  of determining rates of payment pursuant to
   29  article 28 of the public health law for residential health care  facili-
   30  ties for reimbursement of inpatient services provided to patients eligi-
   31  ble  for payments made by state governmental agencies on and after April
   32  1, 1996 through March 31, 1999 and for payments made on and  after  July
   33  1,  1999  through  March 31, 2000 and on and after April 1, 2000 through
   34  March 31, 2003 and on and after April 1, 2003 through March 31, 2007 and
   35  on and after April 1, 2007 through March 31, 2009 and on and after April
   36  1, 2009 through March 31, 2011 and on and after April  1,  2011  through
   37  March  31,  2013  and on and after April 1, 2013 through March 31, 2015,
   38  AND ON AND AFTER APRIL 1, 2015 THROUGH MARCH 31, 2017 shall  reflect  no
   39  trend  factor  projections  or adjustments for the period April 1, 1996,
   40  through March 31, 1997.
   41    S 6. Subdivision 1 of section 89-a of part C of chapter 58 of the laws
   42  of 2007, amending the social services law and  other  laws  relating  to
   43  enacting  the major components of legislation necessary to implement the
   44  health and mental hygiene budget for the 2007-2008 state fiscal year, as
   45  amended by section 10 of part B of chapter 56 of the laws  of  2013,  is
   46  amended to read as follows:
   47    1.  Notwithstanding  paragraph (c) of subdivision 10 of section 2807-c
   48  of the public health law and section 21 of chapter  1  of  the  laws  of
   49  1999,  as  amended, and any other inconsistent provision of law or regu-
   50  lation to the contrary,  in  determining  rates  of  payments  by  state
   51  governmental agencies effective for services provided beginning April 1,
   52  2006,  through  March  31,  2009, and on and after April 1, 2009 through
   53  March 31, 2011, and on and after April 1, 2011 through March  31,  2013,
   54  and  on and after April 1, 2013 through March 31, 2015, AND ON AND AFTER
   55  APRIL 1, 2015 THROUGH  MARCH  31,  2017  for  inpatient  and  outpatient
   56  services  provided  by  general hospitals and for inpatient services and
       S. 2007--B                         45                         A. 3007--B
    1  outpatient adult day health care services provided by residential health
    2  care facilities pursuant to article 28 of the  public  health  law,  the
    3  commissioner  of health shall apply a trend factor projection of two and
    4  twenty-five  hundredths  percent  attributable  to the period January 1,
    5  2006 through December 31, 2006,  and  on  and  after  January  1,  2007,
    6  provided,  however,  that on reconciliation of such trend factor for the
    7  period January 1, 2006 through December 31, 2006 pursuant  to  paragraph
    8  (c)  of  subdivision 10 of section 2807-c of the public health law, such
    9  trend factor shall be the final US Consumer Price Index  (CPI)  for  all
   10  urban  consumers,  as published by the US Department of Labor, Bureau of
   11  Labor Statistics less twenty-five hundredths of a percentage point.
   12    S 7. Paragraph (f) of subdivision 1 of section 64 of chapter 81 of the
   13  laws of 1995, amending the public health law and other laws relating  to
   14  medical  reimbursement  and  welfare reform, as amended by section 11 of
   15  part B of chapter 56 of the laws of 2013, is amended to read as follows:
   16    (f) Prior to February 1, 2001, February 1,  2002,  February  1,  2003,
   17  February  1, 2004, February 1, 2005, February 1, 2006, February 1, 2007,
   18  February 1, 2008, February 1, 2009, February 1, 2010, February 1,  2011,
   19  February 1, 2012, February 1, 2013 [and], February 1, 2014 [and], Febru-
   20  ary  1,  2015, FEBRUARY 1, 2016 AND FEBRUARY 1, 2017 the commissioner of
   21  health shall calculate the result of the statewide total of  residential
   22  health  care  facility  days  of care provided to beneficiaries of title
   23  XVIII of the federal social security act (medicare), divided by the  sum
   24  of  such  days  of care plus days of care provided to residents eligible
   25  for payments pursuant to title 11 of article 5 of  the  social  services
   26  law  minus  the  number  of days provided to residents receiving hospice
   27  care, expressed as a percentage, for the period  commencing  January  1,
   28  through  November 30, of the prior year respectively, based on such data
   29  for such period. This value shall be called the 2000, 2001, 2002,  2003,
   30  2004,  2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 [and],
   31  2015, 2016 AND 2017 statewide target percentage respectively.
   32    S 8. Subparagraph (ii) of paragraph (b) of subdivision 3 of section 64
   33  of chapter 81 of the laws of 1995, amending the public  health  law  and
   34  other  laws  relating  to  medical  reimbursement and welfare reform, as
   35  amended by section 12 of part B of chapter 56 of the laws  of  2013,  is
   36  amended to read as follows:
   37    (ii)  If  the  1997,  1998,  2000, 2001, 2002, 2003, 2004, 2005, 2006,
   38  2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014  [and],  2015,  2016  AND
   39  2017  statewide  target percentages are not for each year at least three
   40  percentage points higher than the statewide base percentage, the commis-
   41  sioner of health shall determine the percentage by which  the  statewide
   42  target  percentage for each year is not at least three percentage points
   43  higher than the statewide base  percentage.  The  percentage  calculated
   44  pursuant  to  this paragraph shall be called the 1997, 1998, 2000, 2001,
   45  2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012,  2013,
   46  2014  [and],  2015, 2016 AND 2017 statewide reduction percentage respec-
   47  tively.  If the 1997, 1998, 2000, 2001, 2002, 2003,  2004,  2005,  2006,
   48  2007,  2008, 2009, 2010, 2011, 2012, 2013[;], 2014 [and], 2015, 2016 AND
   49  2017 statewide target percentage for the respective  year  is  at  least
   50  three  percentage  points higher than the statewide base percentage, the
   51  statewide reduction percentage for the respective year shall be zero.
   52    S 9. Subparagraph (iii) of paragraph (b) of subdivision 4  of  section
   53  64 of chapter 81 of the laws of 1995, amending the public health law and
   54  other  laws  relating  to  medical  reimbursement and welfare reform, as
   55  amended by section 13 of part B of chapter 56 of the laws  of  2013,  is
   56  amended to read as follows:
       S. 2007--B                         46                         A. 3007--B
    1    (iii)  The 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008,
    2  2009, 2010, 2011, 2012, 2013, 2014 [and], 2015, 2016 AND 2017  statewide
    3  reduction  percentage  shall  be  multiplied  by one hundred two million
    4  dollars respectively to determine the  1998,  2000,  2001,  2002,  2003,
    5  2004,  2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 [and],
    6  2015, 2016 AND 2017 statewide aggregate reduction amount.  If  the  1998
    7  and  the  2000,  2001,  2002,  2003, 2004, 2005, 2006, 2007, 2008, 2009,
    8  2010, 2011, 2012, 2013,  2014  [and],  2015,  2016  AND  2017  statewide
    9  reduction percentage shall be zero respectively, there shall be no 1998,
   10  2000,  2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011,
   11  2012, 2013, 2014 [and], 2015, 2016 AND 2017 reduction amount.
   12    S 10. Section 228 of chapter 474 of the laws  of  1996,  amending  the
   13  education  law  and  other laws relating to rates for residential health
   14  care facilities, as amended by section 14-a of part B of chapter  56  of
   15  the laws of 2013, is amended to read as follows:
   16    S  228.  1.  Definitions.  (a)  Regions, for purposes of this section,
   17  shall mean a downstate region to consist of Kings, New  York,  Richmond,
   18  Queens,  Bronx,  Nassau  and  Suffolk  counties and an upstate region to
   19  consist of all other New York state counties. A  certified  home  health
   20  agency  or  long  term  home health care program shall be located in the
   21  same county utilized by the commissioner of health for the establishment
   22  of rates pursuant to article 36 of the public health law.
   23    (b) Certified home health  agency  (CHHA)  shall  mean  such  term  as
   24  defined in section 3602 of the public health law.
   25    (c)  Long  term home health care program (LTHHCP) shall mean such term
   26  as defined in subdivision 8 of section 3602 of the public health law.
   27    (d) Regional group shall mean all those CHHAs and LTHHCPs, respective-
   28  ly, located within a region.
   29    (e) Medicaid revenue percentage, for purposes of this  section,  shall
   30  mean  CHHA  and  LTHHCP  revenues  attributable  to services provided to
   31  persons eligible for payments pursuant to title 11 of article 5  of  the
   32  social services law divided by such revenues plus CHHA and LTHHCP reven-
   33  ues attributable to services provided to beneficiaries of Title XVIII of
   34  the federal social security act (medicare).
   35    (f)  Base  period,  for  purposes of this section, shall mean calendar
   36  year 1995.
   37    (g) Target period. For purposes of this section, the 1996 target peri-
   38  od shall mean August 1, 1996 through March 31,  1997,  the  1997  target
   39  period  shall  mean  January 1, 1997 through November 30, 1997, the 1998
   40  target period shall mean January 1, 1998 through November 30, 1998,  the
   41  1999 target period shall mean January 1, 1999 through November 30, 1999,
   42  the  2000  target period shall mean January 1, 2000 through November 30,
   43  2000, the 2001 target period shall mean January 1, 2001 through November
   44  30, 2001, the 2002 target period shall  mean  January  1,  2002  through
   45  November  30,  2002,  the  2003 target period shall mean January 1, 2003
   46  through November 30, 2003, the 2004 target period shall mean January  1,
   47  2004  through  November  30, 2004, and the 2005 target period shall mean
   48  January 1, 2005 through November 30, 2005, the 2006 target period  shall
   49  mean  January  1,  2006  through  November 30, 2006, and the 2007 target
   50  period shall mean January 1, 2007 through November 30, 2007 and the 2008
   51  target period shall mean January 1, 2008 through November 30, 2008,  and
   52  the  2009  target period shall mean January 1, 2009 through November 30,
   53  2009 and the 2010 target period  shall  mean  January  1,  2010  through
   54  November  30, 2010 and the 2011 target period shall mean January 1, 2011
   55  through November 30, 2011 and the 2012 target period shall mean  January
   56  1,  2012 through November 30, 2012 and the 2013 target period shall mean
       S. 2007--B                         47                         A. 3007--B
    1  January 1, 2013 through November 30, 2013, and the  2014  target  period
    2  shall mean January 1, 2014 through November 30, 2014 and the 2015 target
    3  period shall mean January 1, 2015 through November 30, 2015 AND THE 2016
    4  TARGET  PERIOD  SHALL MEAN JANUARY 1, 2016 THROUGH NOVEMBER 30, 2016 AND
    5  THE 2017 TARGET PERIOD SHALL MEAN JANUARY 1, 2017 THROUGH  NOVEMBER  30,
    6  2017.
    7    2.  (a) Prior to February 1, 1997, for each regional group the commis-
    8  sioner of health shall calculate the 1996 medicaid  revenue  percentages
    9  for the period commencing August 1, 1996 to the last date for which such
   10  data is available and reasonably accurate.
   11    (b)  Prior  to  February  1, 1998, prior to February 1, 1999, prior to
   12  February 1, 2000, prior to February 1, 2001, prior to February 1,  2002,
   13  prior  to February 1, 2003, prior to February 1, 2004, prior to February
   14  1, 2005, prior to February 1, 2006, prior to February 1, 2007, prior  to
   15  February  1, 2008, prior to February 1, 2009, prior to February 1, 2010,
   16  prior to February 1, 2011, prior to February 1, 2012, prior to  February
   17  1, 2013, prior to February 1, 2014 [and], prior to February 1, 2015, AND
   18  PRIOR  TO  FEBRUARY  1,  2016  AND  PRIOR  TO  FEBRUARY 1, 2017 for each
   19  regional group the commissioner of  health  shall  calculate  the  prior
   20  year's  medicaid revenue percentages for the period commencing January 1
   21  through November 30 of such prior year.
   22    3. By September 15, 1996, for each regional group the commissioner  of
   23  health shall calculate the base period medicaid revenue percentage.
   24    4.  (a)  For  each  regional  group,  the 1996 target medicaid revenue
   25  percentage shall be calculated by subtracting the 1996 medicaid  revenue
   26  reduction percentages from the base period medicaid revenue percentages.
   27  The  1996  medicaid  revenue  reduction  percentage, taking into account
   28  regional and program differences in utilization of medicaid and medicare
   29  services, for the following regional groups shall be equal to:
   30    (i) one and one-tenth percentage points for CHHAs located  within  the
   31  downstate region;
   32    (ii)  six-tenths  of one percentage point for CHHAs located within the
   33  upstate region;
   34    (iii) one and eight-tenths percentage points for LTHHCPs located with-
   35  in the downstate region; and
   36    (iv) one and seven-tenths percentage points for LTHHCPs located within
   37  the upstate region.
   38    (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004,  2005,  2006,  2007,
   39  2008,  2009, 2010, 2011, 2012, 2013, 2014 [and], 2015, 2016 AND 2017 for
   40  each regional group, the target  medicaid  revenue  percentage  for  the
   41  respective year shall be calculated by subtracting the respective year's
   42  medicaid  revenue  reduction  percentage  from  the base period medicaid
   43  revenue percentage. The medicaid revenue reduction percentages for 1997,
   44  1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,  2010,
   45  2011,  2012,  2013, 2014 [and], 2015, 2016 AND 2017, taking into account
   46  regional and program differences in utilization of medicaid and medicare
   47  services, for the following regional groups shall be equal to  for  each
   48  such year:
   49    (i)  one  and one-tenth percentage points for CHHAs located within the
   50  downstate region;
   51    (ii) six-tenths of one percentage point for CHHAs located  within  the
   52  upstate region;
   53    (iii) one and eight-tenths percentage points for LTHHCPs located with-
   54  in the downstate region; and
   55    (iv) one and seven-tenths percentage points for LTHHCPs located within
   56  the upstate region.
       S. 2007--B                         48                         A. 3007--B
    1    (c) For each regional group, the 1999 target medicaid revenue percent-
    2  age  shall  be  calculated  by  subtracting  the  1999  medicaid revenue
    3  reduction percentage from the base period medicaid  revenue  percentage.
    4  The  1999  medicaid  revenue  reduction percentages, taking into account
    5  regional and program differences in utilization of medicaid and medicare
    6  services, for the following regional groups shall be equal to:
    7    (i)  eight  hundred  twenty-five  thousandths (.825) of one percentage
    8  point for CHHAs located within the downstate region;
    9    (ii) forty-five hundredths (.45) of one  percentage  point  for  CHHAs
   10  located within the upstate region;
   11    (iii)  one  and  thirty-five  hundredths  percentage points (1.35) for
   12  LTHHCPs located within the downstate region; and
   13    (iv) one and two hundred seventy-five  thousandths  percentage  points
   14  (1.275) for LTHHCPs located within the upstate region.
   15    5.  (a) For each regional group, if the 1996 medicaid revenue percent-
   16  age is not equal to or  less  than  the  1996  target  medicaid  revenue
   17  percentage,  the  commissioner of health shall compare the 1996 medicaid
   18  revenue percentage to the 1996 target  medicaid  revenue  percentage  to
   19  determine  the  amount  of the shortfall which, when divided by the 1996
   20  medicaid  revenue  reduction  percentage,  shall  be  called  the   1996
   21  reduction  factor.  These  amounts, expressed as a percentage, shall not
   22  exceed one hundred percent. If the 1996 medicaid revenue  percentage  is
   23  equal  to  or less than the 1996 target medicaid revenue percentage, the
   24  1996 reduction factor shall be zero.
   25    (b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003,  2004,  2005,  2006,
   26  2007,  2008,  2009,  2010, 2011, 2012, 2013, 2014 [and], 2015, 2016, AND
   27  2017, for each regional group, if the medicaid  revenue  percentage  for
   28  the  respective  year  is  not equal to or less than the target medicaid
   29  revenue percentage for such respective year, the commissioner of  health
   30  shall compare such respective year's medicaid revenue percentage to such
   31  respective  year's  target  medicaid revenue percentage to determine the
   32  amount of the shortfall which, when divided  by  the  respective  year's
   33  medicaid  revenue  reduction  percentage,  shall be called the reduction
   34  factor for such respective year. These amounts, expressed as a  percent-
   35  age,  shall  not  exceed  one  hundred  percent. If the medicaid revenue
   36  percentage for a particular year is equal to or  less  than  the  target
   37  medicaid revenue percentage for that year, the reduction factor for that
   38  year shall be zero.
   39    6.  (a)  For  each  regional group, the 1996 reduction factor shall be
   40  multiplied by the following amounts to determine each  regional  group's
   41  applicable 1996 state share reduction amount:
   42    (i) two million three hundred ninety thousand dollars ($2,390,000) for
   43  CHHAs located within the downstate region;
   44    (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
   45  within the upstate region;
   46    (iii)  one  million  two hundred seventy thousand dollars ($1,270,000)
   47  for LTHHCPs located within the downstate region; and
   48    (iv) five hundred  ninety  thousand  dollars  ($590,000)  for  LTHHCPs
   49  located within the upstate region.
   50    For  each regional group reduction, if the 1996 reduction factor shall
   51  be zero, there shall be no 1996 state share reduction amount.
   52    (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004,  2005,  2006,  2007,
   53  2008, 2009, 2010, 2011, 2012, 2013, 2014 [and], 2015, 2016 AND 2017, for
   54  each  regional group, the reduction factor for the respective year shall
   55  be multiplied by  the  following  amounts  to  determine  each  regional
       S. 2007--B                         49                         A. 3007--B
    1  group's  applicable  state  share  reduction  amount for such respective
    2  year:
    3    (i) two million three hundred ninety thousand dollars ($2,390,000) for
    4  CHHAs located within the downstate region;
    5    (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
    6  within the upstate region;
    7    (iii)  one  million  two hundred seventy thousand dollars ($1,270,000)
    8  for LTHHCPs located within the downstate region; and
    9    (iv) five hundred  ninety  thousand  dollars  ($590,000)  for  LTHHCPs
   10  located within the upstate region.
   11    For  each  regional  group  reduction,  if  the reduction factor for a
   12  particular year shall be zero, there shall be no state  share  reduction
   13  amount for such year.
   14    (c) For each regional group, the 1999 reduction factor shall be multi-
   15  plied by the following amounts to determine each regional group's appli-
   16  cable 1999 state share reduction amount:
   17    (i) one million seven hundred ninety-two thousand five hundred dollars
   18  ($1,792,500) for CHHAs located within the downstate region;
   19    (ii)  five  hundred sixty-two thousand five hundred dollars ($562,500)
   20  for CHHAs located within the upstate region;
   21    (iii) nine hundred fifty-two thousand five hundred dollars  ($952,500)
   22  for LTHHCPs located within the downstate region; and
   23    (iv)  four  hundred forty-two thousand five hundred dollars ($442,500)
   24  for LTHHCPs located within the upstate region.
   25    For each regional group reduction, if the 1999 reduction factor  shall
   26  be zero, there shall be no 1999 state share reduction amount.
   27    7.  (a) For each regional group, the 1996 state share reduction amount
   28  shall be allocated by the commissioner of health among CHHAs and LTHHCPs
   29  on the basis of the extent  of  each  CHHA's  and  LTHHCP's  failure  to
   30  achieve  the  1996  target  medicaid revenue percentage, calculated on a
   31  provider specific basis utilizing revenues for this  purpose,  expressed
   32  as  a  proportion  of  the  total of each CHHA's and LTHHCP's failure to
   33  achieve the 1996 target medicaid revenue percentage within the  applica-
   34  ble  regional group. This proportion shall be multiplied by the applica-
   35  ble 1996 state share reduction amount calculation pursuant to  paragraph
   36  (a)  of  subdivision  6 of this section. This amount shall be called the
   37  1996 provider specific state share reduction amount.
   38    (b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003,  2004,  2005,  2006,
   39  2007,  2008,  2009,  2010,  2011, 2012, 2013, 2014 [and], 2015, 2016 AND
   40  2017 for each regional group, the state share reduction amount  for  the
   41  respective  year  shall be allocated by the commissioner of health among
   42  CHHAs and LTHHCPs on the basis of the extent of each CHHA's and LTHHCP's
   43  failure to achieve the target medicaid revenue percentage for the appli-
   44  cable year, calculated on a provider specific basis  utilizing  revenues
   45  for  this purpose, expressed as a proportion of the total of each CHHA's
   46  and LTHHCP's failure to achieve the target medicaid  revenue  percentage
   47  for  the  applicable  year  within  the  applicable regional group. This
   48  proportion shall be multiplied by  the  applicable  year's  state  share
   49  reduction  amount calculation pursuant to paragraph (b) or (c) of subdi-
   50  vision 6 of this section. This  amount  shall  be  called  the  provider
   51  specific state share reduction amount for the applicable year.
   52    8.  (a)  The 1996 provider specific state share reduction amount shall
   53  be due to the state from each CHHA and LTHHCP and may be recouped by the
   54  state by March 31, 1997 in a lump sum amount or  amounts  from  payments
   55  due  to  the  CHHA  and  LTHHCP pursuant to title 11 of article 5 of the
   56  social services law.
       S. 2007--B                         50                         A. 3007--B
    1    (b) The provider specific state share reduction amount for 1997, 1998,
    2  1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,  2010,
    3  2011, 2012, 2013, 2014 [and], 2015, 2016 AND 2017 respectively, shall be
    4  due  to the state from each CHHA and LTHHCP and each year the amount due
    5  for  such year may be recouped by the state by March 31 of the following
    6  year in a lump sum amount or amounts from payments due to the  CHHA  and
    7  LTHHCP pursuant to title 11 of article 5 of the social services law.
    8    9.  CHHAs  and  LTHHCPs shall submit such data and information at such
    9  times as the commissioner of health may require  for  purposes  of  this
   10  section.  The  commissioner of health may use data available from third-
   11  party payors.
   12    10. On or about June 1, 1997, for each regional group the commissioner
   13  of health shall calculate for the period August 1,  1996  through  March
   14  31,  1997  a  medicaid  revenue  percentage, a reduction factor, a state
   15  share reduction amount, and a provider specific  state  share  reduction
   16  amount  in  accordance with the methodology provided in paragraph (a) of
   17  subdivision 2, paragraph (a) of subdivision 5, paragraph (a) of subdivi-
   18  sion 6 and paragraph (a) of subdivision 7 of this section. The  provider
   19  specific state share reduction amount calculated in accordance with this
   20  subdivision  shall be compared to the 1996 provider specific state share
   21  reduction amount calculated in accordance with paragraph (a) of subdivi-
   22  sion 7 of this section. Any amount in excess of the amount determined in
   23  accordance with paragraph (a) of subdivision 7 of this section shall  be
   24  due  to  the  state  from  each  CHHA  and LTHHCP and may be recouped in
   25  accordance with paragraph (a) of subdivision 8 of this section.  If  the
   26  amount  is  less than the amount determined in accordance with paragraph
   27  (a) of subdivision 7 of this section, the difference shall  be  refunded
   28  to  the  CHHA and LTHHCP by the state no later than July 15, 1997. CHHAs
   29  and LTHHCPs shall submit data for the  period  August  1,  1996  through
   30  March 31, 1997 to the commissioner of health by April 15, 1997.
   31    11.  If  a  CHHA  or  LTHHCP  fails  to submit data and information as
   32  required for purposes of this section:
   33    (a) such CHHA or LTHHCP shall be presumed to have no decrease in medi-
   34  caid revenue percentage between  the  applicable  base  period  and  the
   35  applicable  target  period  for purposes of the calculations pursuant to
   36  this section; and
   37    (b) the commissioner of health shall reduce the current rate  paid  to
   38  such  CHHA  and  such  LTHHCP by state governmental agencies pursuant to
   39  article 36 of the public health law by one percent for a  period  begin-
   40  ning on the first day of the calendar month following the applicable due
   41  date  as  established by the commissioner of health and continuing until
   42  the last day of the calendar month in which the required data and infor-
   43  mation are submitted.
   44    12. The commissioner of health shall inform in writing the director of
   45  the budget and the chair of the senate finance committee and  the  chair
   46  of  the  assembly  ways and means committee of the results of the calcu-
   47  lations pursuant to this section.
   48    S 11. Subdivision 5-a of section 246 of chapter  81  of  the  laws  of
   49  1995,  amending the public health law and other laws relating to medical
   50  reimbursement and welfare reform, as amended by section 15 of part B  of
   51  chapter 56 of the laws of 2013, is amended to read as follows:
   52    5-a.  Section sixty-four-a of this act shall be deemed to have been in
   53  full force and effect on and after April 1, 1995 through March 31,  1999
   54  and  on  and  after July 1, 1999 through March 31, 2000 and on and after
   55  April 1, 2000 through March 31, 2003 and on  and  after  April  1,  2003
   56  through March 31, 2007, and on and after April 1, 2007 through March 31,
       S. 2007--B                         51                         A. 3007--B
    1  2009,  and on and after April 1, 2009 through March 31, 2011, and on and
    2  after April 1, 2011 through March 31, 2013, and on and  after  April  1,
    3  2013  through  March  31,  2015,  AND ON AND AFTER APRIL 1, 2015 THROUGH
    4  MARCH 31, 2017;
    5    S  12.  Section  64-b  of chapter 81 of the laws of 1995, amending the
    6  public health law and other laws relating to medical  reimbursement  and
    7  welfare  reform, as amended by section 16 of part B of chapter 56 of the
    8  laws of 2013, is amended to read as follows:
    9    S  64-b.  Notwithstanding  any  inconsistent  provision  of  law,  the
   10  provisions of subdivision 7 of section 3614 of the public health law, as
   11  amended,  shall  remain and be in full force and effect on April 1, 1995
   12  through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
   13  and after April 1, 2000 through March 31, 2003 and on and after April 1,
   14  2003 through March 31, 2007, and on and  after  April  1,  2007  through
   15  March  31,  2009, and on and after April 1, 2009 through March 31, 2011,
   16  and on and after April 1, 2011 through March 31, 2013, and on and  after
   17  April  1,  2013  through  March 31, 2015, AND ON AND AFTER APRIL 1, 2015
   18  THROUGH MARCH 31, 2017.
   19    S 13. Subdivision 1 of section 20 of chapter 451 of the laws of  2007,
   20  amending  the  public health law, the social services law and the insur-
   21  ance  law,  relating  to  providing  enhanced  consumer   and   provider
   22  protections,  as  amended  by  section 17 of part B of chapter 56 of the
   23  laws of 2013, is amended to read as follows:
   24    1. sections four, eleven and thirteen  of this act shall  take  effect
   25  immediately  and  shall  expire  and  be deemed repealed June 30, [2015]
   26  2017;
   27    S 14. The opening paragraph of subdivision 7-a of section 3614 of  the
   28  public  health  law, as amended by section 18 of part B of chapter 56 of
   29  the laws of 2013, is amended to read as follows:
   30    Notwithstanding any inconsistent provision of law or  regulation,  for
   31  the  purposes  of establishing rates of payment by governmental agencies
   32  for long term home health care programs for the period April first,  two
   33  thousand five, through December thirty-first, two thousand five, and for
   34  the  period  January first, two thousand six through March thirty-first,
   35  two thousand seven, and on and after April  first,  two  thousand  seven
   36  through  March  thirty-first,  two thousand nine, and on and after April
   37  first, two thousand nine through March thirty-first, two thousand  elev-
   38  en,  and  on  and  after  April first, two thousand eleven through March
   39  thirty-first, two thousand thirteen and on and after  April  first,  two
   40  thousand  thirteen through March thirty-first, two thousand fifteen, AND
   41  ON AND AFTER APRIL 1ST, TWO THOUSAND FIFTEEN THROUGH MARCH THIRTY-FIRST,
   42  TWO THOUSAND SEVENTEEN the reimbursable  base  year  administrative  and
   43  general  costs  of a provider of services shall not exceed the statewide
   44  average of total reimbursable base year administrative and general costs
   45  of such providers of services.
   46    S 15. Subdivision 12 of section 246 of chapter 81 of the laws of 1995,
   47  amending the public health  law  and  other  laws  relating  to  medical
   48  reimbursement  and welfare reform, as amended by section 21 of part B of
   49  chapter 56 of the laws of 2013, is amended to read as follows:
   50    12. Sections one hundred five-b through one hundred five-f of this act
   51  shall expire March 31, [2015] 2017.
   52    S 16. Section 3 of chapter 303 of the laws of 1999, amending  the  New
   53  York  state  medical  care  facilities  finance  agency  act relating to
   54  financing health facilities, as amended by section 30 of part A of chap-
   55  ter 59 of the laws of 2011, is amended to read as follows:
       S. 2007--B                         52                         A. 3007--B
    1    S 3. This act shall take effect immediately, provided,  however,  that
    2  subdivision 15-a of section 5 of section 1 of chapter 392 of the laws of
    3  1973,  as  added  by section one of this act, shall expire and be deemed
    4  repealed June 30, [2015] 2019; and provided further, however,  that  the
    5  expiration  and  repeal  of  such  subdivision  15-a shall not affect or
    6  impair in any manner any health facilities bonds issued, or any lease or
    7  purchase of a health facility executed,  pursuant  to  such  subdivision
    8  15-a  prior  to  its expiration and repeal and that, with respect to any
    9  such bonds issued and outstanding  as  of  June  30,  [2015]  2019,  the
   10  provisions of such subdivision 15-a as they existed immediately prior to
   11  such  expiration  and  repeal shall continue to apply through the latest
   12  maturity date of any such bonds, or their earlier retirement or  redemp-
   13  tion,  for  the  sole  purpose  of authorizing the issuance of refunding
   14  bonds to refund bonds previously issued pursuant thereto.
   15    S 17. Subdivision (c) of section 62 of chapter  165  of  the  laws  of
   16  1991,  amending  the public health law and other laws relating to estab-
   17  lishing payments for medical assistance, as amended  by  section  26  of
   18  part D of chapter 59 of the laws of 2011, is amended to read as follows:
   19    (c)  section  364-j  of the social services law, as amended by section
   20  eight of this act and subdivision 6  of  section  367-a  of  the  social
   21  services  law as added by section twelve of this act shall expire and be
   22  deemed repealed on March 31, [2015] 2019 and provided further, that  the
   23  amendments to the provisions of section 364-j of the social services law
   24  made  by  section  eight  of  this  act shall only apply to managed care
   25  programs approved on or after the effective date of this act;
   26    S 18. Subdivision 3 of section 1680-j of the public  authorities  law,
   27  as  amended by section 9 of part C of chapter 59 of the laws of 2011, is
   28  amended to read as follows:
   29    3. Notwithstanding any law to the contrary,  and  in  accordance  with
   30  section four of the state finance law, the comptroller is hereby author-
   31  ized  and  directed  to  transfer from the health care reform act (HCRA)
   32  resources fund (061) to the general fund, upon the request of the direc-
   33  tor of the budget, up to $6,500,000 on or before March 31, 2006, and the
   34  comptroller is further hereby authorized and directed to  transfer  from
   35  the  healthcare  reform  act (HCRA); Resources fund (061) to the Capital
   36  Projects Fund, upon the  request  of  the  director  of  budget,  up  to
   37  $139,000,000  for the period April 1, 2006 through March 31, 2007, up to
   38  $171,100,000 for the period April 1, 2007 through March 31, 2008, up  to
   39  $208,100,000  for the period April 1, 2008 through March 31, 2009, up to
   40  $151,600,000 for the period April 1, 2009 through March 31, 2010, up  to
   41  $215,743,000  for the period April 1, 2010 through March 31, 2011, up to
   42  $433,366,000 for the period April 1, 2011 through March 31, 2012, up  to
   43  $150,806,000  for the period April 1, 2012 through March 31, 2013, up to
   44  $78,071,000 for the period April 1, 2013 through March 31, 2014, and  up
   45  to  $86,005,000 for the period April 1, 2014 through March 31, 2015, AND
   46  UP TO $86,005,000 FOR THE PERIOD APRIL  1,  2015  THROUGH  DECEMBER  31,
   47  2017.
   48    S  19.  Subdivision  (i) of section 111 of part H of chapter 59 of the
   49  laws of 2011, relating to enacting into law major components  of  legis-
   50  lation  necessary  to implement the health and mental hygiene budget for
   51  the 2011-2012 state fiscal plan, is amended to read as follows:
   52    (i) the amendments to paragraph (b) and subparagraph (i) of  paragraph
   53  (g)  of subdivision 7 of section 4403-f of the public health law made by
   54  section forty-one-b of this act shall expire and be  repealed  April  1,
   55  [2015] 2019;
       S. 2007--B                         53                         A. 3007--B
    1    S  20.  Section  97  of  chapter 659 of the laws of 1997, amending the
    2  public health law and other laws relating to creation of continuing care
    3  retirement communities, as amended by section 65-b of part A of  chapter
    4  57 of the laws of 2006, is amended to read as follows:
    5    S  97. This act shall take effect immediately, provided, however, that
    6  the amendments to subdivision 4 of section 854 of the general  municipal
    7  law  made by section seventy of this act shall not affect the expiration
    8  of such subdivision and shall be deemed to expire therewith and provided
    9  further that sections sixty-seven and  sixty-eight  of  this  act  shall
   10  apply  to  taxable  years  beginning  on  or  after  January 1, 1998 and
   11  provided further that sections eighty-one through eighty-seven  of  this
   12  act  shall expire and be deemed repealed on December 31, [2015] 2019 and
   13  provided further, however, that the amendments to section ninety of this
   14  act shall take effect January 1, 1998 and shall apply to  all  policies,
   15  contracts,  certificates,  riders or other evidences of coverage of long
   16  term care insurance issued, renewed, altered  or  modified  pursuant  to
   17  section 3229 of the insurance law on or after such date.
   18    S  21.   Paragraph (b) of subdivision 17 of section 2808 of the public
   19  health law, as amended by section 98 of part H of chapter 59 of the laws
   20  of 2011, is amended to read as follows:
   21    (b) Notwithstanding any inconsistent provision of law or regulation to
   22  the contrary, for the state fiscal [year] YEARS beginning  April  first,
   23  two  thousand  ten and ending March thirty-first, two thousand [fifteen]
   24  NINETEEN, the commissioner shall not be  required  to  revise  certified
   25  rates  of  payment established pursuant to this article for rate periods
   26  prior to April first, two thousand [fifteen] NINETEEN, based on  consid-
   27  eration  of  rate appeals filed by residential health care facilities or
   28  based upon adjustments to capital cost  reimbursement  as  a  result  of
   29  approval  by  the  commissioner of an application for construction under
   30  section twenty-eight hundred two of this article, in excess of an aggre-
   31  gate annual amount of eighty million dollars for each such state  fiscal
   32  year  provided,  however,  that for the period April first, two thousand
   33  eleven through March thirty-first, two thousand  twelve  such  aggregate
   34  annual  amount  shall  be  fifty million dollars. In revising such rates
   35  within such fiscal limit, the commissioner shall, in  prioritizing  such
   36  rate appeals, include consideration of which facilities the commissioner
   37  determines  are  facing  significant  financial hardship as well as such
   38  other considerations as the commissioner deems appropriate and, further,
   39  the commissioner is authorized to enter into agreements with such facil-
   40  ities or any other facility to resolve  multiple  pending  rate  appeals
   41  based  upon a negotiated aggregate amount and may offset such negotiated
   42  aggregate amounts against any  amounts  owed  by  the  facility  to  the
   43  department,  including,  but  not  limited  to, amounts owed pursuant to
   44  section twenty-eight hundred seven-d of this article; provided, however,
   45  that the commissioner's authority to negotiate such agreements resolving
   46  multiple pending rate appeals as hereinbefore described  shall  continue
   47  on and after April first, two thousand [fifteen] NINETEEN.  Rate adjust-
   48  ments  made  pursuant to this paragraph remain fully subject to approval
   49  by the director of the budget  in  accordance  with  the  provisions  of
   50  subdivision two of section twenty-eight hundred seven of this article.
   51    S  22.   Paragraph (a) of subdivision 13 of section 3614 of the public
   52  health law, as added by section 4 of part H of chapter 59 of the laws of
   53  2011, is amended to read as follows:
   54    (a) Notwithstanding any inconsistent provision of  law  or  regulation
   55  and  subject  to  the  availability  of federal financial participation,
   56  effective April first, two thousand twelve through  March  thirty-first,
       S. 2007--B                         54                         A. 3007--B
    1  two  thousand  [fifteen]  NINETEEN,  payments by government agencies for
    2  services provided by certified home health  agencies,  except  for  such
    3  services  provided  to  children  under  eighteen years of age and other
    4  discreet  groups  as  may  be determined by the commissioner pursuant to
    5  regulations, shall be based on episodic payments. In  establishing  such
    6  payments, a statewide base price shall be established for each sixty day
    7  episode  of  care  and  adjusted  by a regional wage index factor and an
    8  individual patient case mix index. Such episodic payments may be further
    9  adjusted for low utilization cases and to reflect a  percentage  limita-
   10  tion  of the cost for high-utilization cases that exceed outlier thresh-
   11  olds of such payments.
   12    S 23.  Subdivision (a) of section 40 of part B of chapter 109  of  the
   13  laws  of  2010, amending the social services law relating to transporta-
   14  tion costs, is amended to read as follows:
   15    (a) sections two, three, three-a, three-b, three-c,  three-d,  three-e
   16  and  twenty-one  of  this  act  shall take effect July 1, 2010; sections
   17  fifteen, sixteen, seventeen, eighteen and nineteen  of  this  act  shall
   18  take effect January 1, 2011; and provided further that section twenty of
   19  this  act  shall  be deemed repealed [four] SIX years after the date the
   20  contract entered into pursuant to section 365-h of the  social  services
   21  law,  as  amended  by  section twenty of this act, is executed; provided
   22  that the commissioner of health shall notify the legislative bill draft-
   23  ing commission upon the execution of the contract entered into  pursuant
   24  to section 367-h of the social services law in order that the commission
   25  may  maintain an accurate and timely effective data base of the official
   26  text of the laws of the state of New York in furtherance of effectuating
   27  the provisions of section 44 of the legislative law and section 70-b  of
   28  the public officers law;
   29    S  24.   Subdivision 4 of section 365-h of the social services law, as
   30  added by section 20 of part B of chapter 109 of the  laws  of  2010,  is
   31  amended to read as follows:
   32    4.  The  commissioner of health is authorized to assume responsibility
   33  from a local social services official for the provision  and  reimburse-
   34  ment  of  transportation  costs  under this section. If the commissioner
   35  elects to assume such responsibility, the commissioner shall notify  the
   36  local  social  services official in writing as to the election, the date
   37  upon which the election shall be effective and such  information  as  to
   38  transition  of  responsibilities  as the commissioner deems prudent. The
   39  commissioner is authorized to contract with a transportation manager  or
   40  managers  to manage transportation services in any local social services
   41  district. Any transportation manager or managers selected by the commis-
   42  sioner to manage transportation services shall have proven experience in
   43  coordinating transportation services in  a  geographic  and  demographic
   44  area  similar  to the area in New York state within which the contractor
   45  would manage the provision  of  services  under  this  section.  Such  a
   46  contract  or  contracts may include responsibility for: review, approval
   47  and processing of transportation orders; management of  the  appropriate
   48  level  of  transportation  based on documented patient medical need; and
   49  development of new  technologies  leading  to  efficient  transportation
   50  services.  If the commissioner elects to assume such responsibility from
   51  a local social services district, the commissioner shall examine and, if
   52  appropriate, adopt quality assurance measures that may include, but  are
   53  not  limited  to,  global positioning tracking system reporting require-
   54  ments and service verification mechanisms.  Any  and  all  reimbursement
   55  rates  developed by transportation managers under this subdivision shall
   56  be subject to the review and approval  of  the  commissioner.  [Notwith-
       S. 2007--B                         55                         A. 3007--B
    1  standing  any  inconsistent provision of sections one hundred twelve and
    2  one hundred sixty-three of the state finance law, or section one hundred
    3  forty-two of the economic development law, or any other law, the commis-
    4  sioner  is  authorized  to enter into a contract or contracts under this
    5  subdivision without a competitive bid or request for  proposal  process,
    6  provided, however, that:
    7    (a)  the department shall post on its website, for a period of no less
    8  than thirty days:
    9    (i) a description of the proposed services to be provided pursuant  to
   10  the contract or contracts;
   11    (ii) the criteria for selection of a contractor or contractors;
   12    (iii)  the  period  of  time during which a prospective contractor may
   13  seek selection, which shall be no  less  than  thirty  days  after  such
   14  information is first posted on the website; and
   15    (iv)  the  manner  by  which  a  prospective  contractor may seek such
   16  selection, which may include submission by electronic means;
   17    (b) all reasonable and responsive submissions that are  received  from
   18  prospective  contractors  in  timely  fashion  shall  be reviewed by the
   19  commissioner; and
   20    (c) the commissioner shall select such contractor or contractors that,
   21  in his or her discretion, are best suited to serve the purposes of  this
   22  section.]
   23    S 25. Intentionally omitted.
   24    S  26.  Section  2  of  chapter  459 of the laws of 1996, amending the
   25  public health law relating to recertification of persons providing emer-
   26  gency medical care, as amended by chapter 106 of the laws  of  2011,  is
   27  amended to read as follows:
   28    S  2.  This  act shall take effect immediately and shall expire and be
   29  deemed repealed July 1, [2015] 2019.
   30    S 27. Section 4 of chapter 505 of  the  laws  of  1995,  amending  the
   31  public  health  law  relating  to  the operation of department of health
   32  facilities, as amended by section 29 of part A of chapter 59 of the laws
   33  of 2011, is amended to read as follows:
   34    S 4. This act shall take effect immediately; provided,  however,  that
   35  the provisions of paragraph (b) of subdivision 4 of section 409-c of the
   36  public  health  law,  as  added by section three of this act, shall take
   37  effect January 1, 1996 and shall expire and be deemed repealed  [twenty]
   38  TWENTY-FOUR years from the effective date thereof.
   39    S  28.  Subdivision  (o) of section 111 of part H of chapter 59 of the
   40  laws of 2011, amending the public health law relating to  the  statewide
   41  health  information  network  of New York and the statewide planning and
   42  research cooperative system and general powers and duties, is amended to
   43  read as follows:
   44    (o) sections thirty-eight and thirty-eight-a of this act shall  expire
   45  and be deemed repealed March 31, [2015] 2017;
   46    S 29. Section 4-a of part A of chapter 56 of the laws of 2013 amending
   47  chapter  59 of the laws of 2011 amending the public health law and other
   48  laws relating to general hospital reimbursement for annual rates  relat-
   49  ing  to  the  cap  on local Medicaid expenditures, is amended to read as
   50  follows:
   51    S 4-a. Notwithstanding paragraph (c)  of  subdivision  10  of  section
   52  2807-c  of the public health law, section 21 of chapter 1 of the laws of
   53  1999, or any other contrary provision of law, in  determining  rates  of
   54  payments  by state governmental agencies effective for services provided
   55  on and after January 1, [2015] 2017 through March 31, [2015]  2017,  for
   56  inpatient  and  outpatient  services  provided by general hospitals, for
       S. 2007--B                         56                         A. 3007--B
    1  inpatient  services  and  adult  day  health  care  outpatient  services
    2  provided by residential health care facilities pursuant to article 28 of
    3  the  public health law, except for residential health care facilities or
    4  units  of such facilities providing services primarily to children under
    5  twenty-one years of age, for home health care services provided pursuant
    6  to article 36 of the public health law by certified  home  health  agen-
    7  cies,  long  term home health care programs and AIDS home care programs,
    8  and for personal care services provided pursuant to section 365-a of the
    9  social services law, the commissioner of health shall apply  no  greater
   10  than zero trend factors attributable to the [2015] 2017 calendar year in
   11  accordance with paragraph (c) of subdivision 10 of section 2807-c of the
   12  public  health  law,  provided,  however, that such no greater than zero
   13  trend factors attributable to such [2015] 2017 calendar year shall  also
   14  be  applied  to rates of payment provided on and after January 1, [2015]
   15  2017 through March 31, [2015] 2017 for personal care  services  provided
   16  in those local social services districts, including New York city, whose
   17  rates  of payment for such services are established by such local social
   18  services districts pursuant to a rate-setting exemption  issued  by  the
   19  commissioner  of  health  to  such  local  social  services districts in
   20  accordance with applicable regulations, and provided  further,  however,
   21  that  for rates of payment for assisted living program services provided
   22  on and after January 1, [2015] 2017 through March 31, [2015] 2017,  such
   23  trend  factors  attributable  to  the [2015] 2017 calendar year shall be
   24  established at no greater than zero percent.
   25    S 29-a. Notwithstanding paragraph (c) of  subdivision  10  of  section
   26  2807-c  of the public health law, section 21 of chapter 1 of the laws of
   27  1999, or any other contrary provision of law, in  determining  rates  of
   28  payments  by state governmental agencies effective for services provided
   29  on and after January 1, 2015,  for  inpatient  and  outpatient  services
   30  provided  by  general  hospitals,  for  inpatient services and adult day
   31  health care outpatient services  provided  by  residential  health  care
   32  facilities  pursuant  to article 28 of the public health law, except for
   33  residential health care facilities or units of such facilities providing
   34  services primarily to children under twenty-one years of age,  for  home
   35  health  care  services  provided  pursuant  to  article 36 of the public
   36  health law by certified home health agencies, long term home health care
   37  programs and AIDS home care programs, and  for  personal  care  services
   38  provided  pursuant  to  section  365-a  of  the social services law, the
   39  commissioner of health shall apply no greater than  zero  trend  factors
   40  attributable to the 2015 and 2016 calendar year in accordance with para-
   41  graph  (c) of subdivision 10 of section 2807-c of the public health law,
   42  provided, however, that such no greater than zero trend factors  attrib-
   43  utable  to  such  2015  and  2016 calendar year shall also be applied to
   44  rates of payment provided on and after January 1, 2015 for personal care
   45  services provided in those local social  services  districts,  including
   46  New  York city, whose rates of payment for such services are established
   47  by such local social  services  districts  pursuant  to  a  rate-setting
   48  exemption  issued  by  the  commissioner  of health to such local social
   49  services  districts  in  accordance  with  applicable  regulations,  and
   50  provided further, however, that for rates of payment for assisted living
   51  program  services  provided  on  and  after  January 1, 2015, such trend
   52  factors attributable to the 2015 and 2016 calendar year shall be  estab-
   53  lished at no greater than zero percent.
   54    S 30. Notwithstanding any inconsistent provision of law, rule or regu-
   55  lation, for purposes of implementing the provisions of the public health
   56  law and the social services law, references to titles XIX and XXI of the
       S. 2007--B                         57                         A. 3007--B
    1  federal  social  security  act  in  the public health law and the social
    2  services law shall be deemed to include and also to mean  any  successor
    3  titles thereto under the federal social security act.
    4    S 31. Notwithstanding any inconsistent provision of law, rule or regu-
    5  lation, the effectiveness of the provisions of sections 2807 and 3614 of
    6  the  public health law, section 18 of chapter 2 of the laws of 1988, and
    7  18 NYCRR 505.14(h), as they relate to time frames for  notice,  approval
    8  or  certification  of rates of payment, are hereby suspended and without
    9  force or effect for purposes of implementing the provisions of this act.
   10    S 32. Severability clause. If any clause, sentence, paragraph,  subdi-
   11  vision,  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 33. 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 the department
   30  of  financial  services  and  any appropriate council may take any steps
   31  necessary to implement this act prior to its effective date; and
   32    4. the provisions of this act shall become  effective  notwithstanding
   33  the  failure  of the commissioner of health or the superintendent of the
   34  department of financial services or any council to  adopt  or  amend  or
   35  promulgate regulations implementing this act.
   36                                   PART E
   37    Section  1.    Subdivision  5-d of section 2807-k of the public health
   38  law, as added by section 1 of part C of chapter 56 of the laws of  2013,
   39  is amended to read as follows:
   40    5-d.  (a)  Notwithstanding any inconsistent provision of this section,
   41  section twenty-eight hundred  seven-w  of  this  article  or  any  other
   42  contrary  provision  of  law, and subject to the availability of federal
   43  financial participation, for periods on and  after  January  first,  two
   44  thousand thirteen, through December thirty-first, two thousand [fifteen]
   45  EIGHTEEN, all funds available for distribution pursuant to this section,
   46  except  for  funds distributed pursuant to subparagraph (v) of paragraph
   47  (b) of subdivision five-b of this section, and all funds  available  for
   48  distribution  pursuant  to  section twenty-eight hundred seven-w of this
   49  article, shall be reserved and set aside and distributed  in  accordance
   50  with the provisions of this subdivision.
   51    (b)  The commissioner shall promulgate regulations, and may promulgate
   52  emergency regulations, establishing methodologies for  the  distribution
   53  of  funds  as  described  in  paragraph (a) of this subdivision and such
   54  regulations shall include, but not be limited to, the following:
       S. 2007--B                         58                         A. 3007--B
    1    (i) Such regulations shall  establish  methodologies  for  determining
    2  each  facility's  relative uncompensated care need amount based on unin-
    3  sured inpatient and outpatient units of service from the cost  reporting
    4  year  two years prior to the distribution year, multiplied by the appli-
    5  cable  medicaid  rates in effect January first of the distribution year,
    6  as summed and adjusted by a statewide cost adjustment factor and reduced
    7  by the  sum  of  all  payment  amounts  collected  from  such  uninsured
    8  patients,  and  as  further  adjusted  by  application of a nominal need
    9  computation that shall take into account each facility's medicaid  inpa-
   10  tient share.
   11    (ii)  Annual  distributions  pursuant  to such regulations for the two
   12  thousand thirteen through two thousand [fifteen] EIGHTEEN calendar years
   13  shall be in accord with the following:
   14    (A) one hundred thirty-nine  million  four  hundred  thousand  dollars
   15  shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
   16  payments to major public general hospitals; and
   17    (B)  nine hundred ninety-four million nine hundred thousand dollars as
   18  Medicaid DSH payments to eligible general hospitals,  other  than  major
   19  public general hospitals.
   20    (iii)(A)  Such  regulations  shall establish transition adjustments to
   21  the distributions made pursuant to clauses (A) and (B)  of  subparagraph
   22  (ii)  of this paragraph such that no facility experiences a reduction in
   23  indigent care pool payments pursuant to this subdivision that is greater
   24  than the percentages, as specified in clause (C) of this subparagraph as
   25  compared to the average distribution that each  such  facility  received
   26  for  the three calendar years prior to two thousand thirteen pursuant to
   27  this section and section twenty-eight hundred seven-w of this article.
   28    (B) Such regulations shall also  establish  adjustments  limiting  the
   29  increases  in  indigent  care  pool  payments  experienced by facilities
   30  pursuant to this subdivision by an amount that will be, as determined by
   31  the commissioner and in conjunction with such other funding  as  may  be
   32  available  for  this  purpose, sufficient to ensure full funding for the
   33  transition adjustment payments authorized by clause (A) of this subpara-
   34  graph.
   35    (C) No facility shall experience a reduction  in  indigent  care  pool
   36  payments pursuant to this subdivision that: for the calendar year begin-
   37  ning  January first, two thousand thirteen, is greater than two and one-
   38  half percent; for the calendar year beginning January first,  two  thou-
   39  sand  fourteen, is greater than five percent; and, for the calendar year
   40  beginning on January first, two thousand fifteen, is greater than  seven
   41  and  one-half  percent,  AND  FOR THE CALENDAR YEAR BEGINNING ON JANUARY
   42  FIRST, TWO THOUSAND SIXTEEN, IS GREATER THAN TEN PERCENT;  AND  FOR  THE
   43  CALENDAR  YEAR  BEGINNING  ON  JANUARY FIRST, TWO THOUSAND SEVENTEEN, IS
   44  GREATER THAN TWELVE AND ONE-HALF PERCENT;  AND  FOR  THE  CALENDAR  YEAR
   45  BEGINNING  ON  JANUARY  FIRST,  TWO  THOUSAND  EIGHTEEN, IS GREATER THAN
   46  FIFTEEN PERCENT.
   47    (iv) Such regulations shall reserve one percent of the funds available
   48  for distribution in the two thousand fourteen and two  thousand  fifteen
   49  calendar  years,  AND  FOR  CALENDAR  YEARS THEREAFTER, pursuant to this
   50  subdivision, subdivision  fourteen-f  of  section  twenty-eight  hundred
   51  seven-c of this article, and sections two hundred eleven and two hundred
   52  twelve  of  chapter  four  hundred  seventy-four of the laws of nineteen
   53  hundred ninety-six, in a  "financial  assistance  compliance  pool"  and
   54  shall establish methodologies for the distribution of such pool funds to
   55  facilities  based  on  their  level  of compliance, as determined by the
   56  commissioner, with the provisions of subdivision nine-a of this section.
       S. 2007--B                         59                         A. 3007--B
    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. Notwithstanding any inconsistent provision of law, rule or  regu-
   10  lation  to  the  contrary,  and  subject  to the availability of federal
   11  financial participation pursuant to title  XIX  of  the  federal  social
   12  security act, effective for periods on and after April 1, 2015, payments
   13  pursuant  to  paragraph  (i)  of subdivision 35 of section 2807-c of the
   14  public health law may be made as outpatient upper payment limit payments
   15  for outpatient hospital services, not  to  exceed  an  amount  of  three
   16  hundred thirty-nine million dollars annually between payments authorized
   17  under  this  section  and  such  section of the public health law.  Such
   18  payments shall be made as medical  assistance  payments  for  outpatient
   19  services  pursuant  to  title 11 of article 5 of the social services law
   20  for patients eligible for federal financial  participation  under  title
   21  XIX  of  the federal social security act for general hospital outpatient
   22  services and general hospital emergency room services issued pursuant to
   23  paragraph (g) of subdivision 2 of section 2807 of the public health  law
   24  to general hospitals, other than major public general hospitals, provid-
   25  ing  emergency  room  services and including safety net hospitals, which
   26  shall, for the purpose of this paragraph, be defined as having either: a
   27  Medicaid share of total inpatient hospital discharges of at least  thir-
   28  ty-five   percent,  including  both  fee-for-service  and  managed  care
   29  discharges for acute and exempt services; or a Medicaid share  of  total
   30  discharges  of  at  least thirty percent, including both fee-for-service
   31  and managed care discharges for acute  and  exempt  services,  and  also
   32  providing  obstetrical services.  Eligibility to receive such additional
   33  payments shall be based on data from the period two years prior  to  the
   34  rate year, as reported on the institutional cost report submitted to the
   35  department  as  of  October  first  of  the prior rate year. No eligible
   36  general hospital's annual payment amount pursuant to this section  shall
   37  exceed  the  lower  of  the  sum of the annual amounts due that hospital
   38  pursuant to section twenty-eight hundred  seven-k  and  section  twenty-
   39  eight hundred seven-w of the public health law; or the hospital's facil-
   40  ity  specific  projected disproportionate share hospital payment ceiling
   41  established pursuant to federal law,  provided,  however,  that  payment
   42  amounts  to  eligible  hospitals  in  excess of the lower of such sum or
   43  payment ceiling shall be reallocated to eligible hospitals that  do  not
   44  have excess payment amounts. Such reallocations shall be proportional to
   45  each  such hospital's aggregate payment amount pursuant to paragraph (i)
   46  of subdivision 35 of section 2807-c of the public health  law  and  this
   47  section to the total of all payment amounts for such eligible hospitals.
   48  Such  adjustment  payment  may  be  added to rates of payment or made as
   49  aggregate payments to eligible general hospitals other than major public
   50  general hospitals.  The distribution of such payments shall be  pursuant
   51  to a methodology approved by the commissioner of health in regulation.
   52    S  3. Notwithstanding any inconsistent provision of law, rule or regu-
   53  lation, for purposes of implementing the provisions of the public health
   54  law and the social services law, references to titles XIX and XXI of the
   55  federal social security act in the public  health  law  and  the  social
       S. 2007--B                         60                         A. 3007--B
    1  services  law  shall be deemed to include and also to mean any successor
    2  titles thereto under the federal social security act.
    3    S  4. Notwithstanding any inconsistent provision of law, rule or regu-
    4  lation, the effectiveness of the provisions of sections 2807 and 3614 of
    5  the public health law, section 18 of chapter 2 of the laws of 1988,  and
    6  18  NYCRR  505.14(h), as they relate to time frames for notice, approval
    7  or certification of rates of payment, are hereby suspended  and  without
    8  force or effect for purposes of implementing the provisions of this act.
    9    S 5. Severability clause. If any clause, sentence, paragraph, subdivi-
   10  sion,  section  or  part  of  this act shall be adjudged by any court of
   11  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   12  impair or invalidate the remainder thereof, but shall be confined in its
   13  operation  to  the  clause, sentence, paragraph, subdivision, section or
   14  part thereof directly involved in the controversy in which such judgment
   15  shall have been rendered. It is hereby declared to be the intent of  the
   16  legislature  that  this act would have been enacted even if such invalid
   17  provisions had not been included herein.
   18    S 6. This act shall take effect immediately and  shall  be  deemed  to
   19  have been in full force and effect on and after April 1, 2015; provided,
   20  that:
   21    a.  any  rules or regulations necessary to implement the provisions of
   22  this act may be promulgated and any procedures, forms,  or  instructions
   23  necessary  for such implementation may be adopted and issued on or after
   24  the date this act shall have become a law;
   25    b. this act shall not be construed to alter, change, affect, impair or
   26  defeat any rights, obligations, duties or interests accrued, incurred or
   27  conferred prior to the effective date of this act;
   28    c. the commissioner of health  and  the  superintendent  of  financial
   29  services  and  any  appropriate  council may take any steps necessary to
   30  implement this act prior to its effective date; and
   31    d. the provisions of this act shall become  effective  notwithstanding
   32  the  failure  of  the  commissioner  of  health or the superintendent of
   33  financial services or any council to adopt or amend or promulgate  regu-
   34  lations implementing this act.
   35                                   PART F
   36                            Intentionally Omitted
   37                                   PART G
   38                            Intentionally Omitted
   39                                   PART H
   40                            Intentionally Omitted
   41                                   PART I
   42    Section 1. Subdivision 2-a of section 2781 of the public health law is
   43  REPEALED.
   44    S  2.  The  criminal  procedure law is amended by adding a new section
   45  60.47 to read as follows:
       S. 2007--B                         61                         A. 3007--B
    1  S 60.47 POSSESSION OF CONDOMS; RECEIPT INTO EVIDENCE.
    2    EVIDENCE  THAT  A  PERSON WAS IN POSSESSION OF ONE OR MORE CONDOMS MAY
    3  NOT BE ADMITTED AT ANY TRIAL, HEARING, OR OTHER PROCEEDING IN  A  PROSE-
    4  CUTION  FOR  SECTION  230.00  OR SECTION 240.37 OF THE PENAL LAW FOR THE
    5  PURPOSE OF ESTABLISHING PROBABLE CAUSE FOR  AN  ARREST  OR  PROVING  ANY
    6  PERSON'S COMMISSION OR ATTEMPTED COMMISSION OF SUCH OFFENSE.
    7    S 3. Section 220.45 of the penal law, as amended by chapter 284 of the
    8  laws of 2010, is amended to read as follows:
    9  S 220.45 Criminally possessing a hypodermic instrument.
   10    A  person  is  guilty of criminally possessing a hypodermic instrument
   11  when he or she knowingly and unlawfully possesses or sells a  hypodermic
   12  syringe  or  hypodermic  needle.  It  shall  not  be a violation of this
   13  section when a person obtains and  possesses  a  hypodermic  syringe  or
   14  hypodermic needle pursuant to section thirty-three hundred eighty-one of
   15  the  public  health law, WHICH INCLUDES THE STATE'S SYRINGE EXCHANGE AND
   16  PHARMACY AND MEDICAL PROVIDER-BASED EXPANDED SYRINGE ACCESS PROGRAMS.
   17    Criminally possessing a hypodermic instrument is a class  A  misdemea-
   18  nor.
   19    S 4. Section 220.03 of the penal law, as amended by chapter 284 of the
   20  laws  of  2010,  the  opening paragraph as amended by chapter 154 of the
   21  laws of 2011, is amended to read as follows:
   22  S 220.03 Criminal possession of a controlled substance  in  the  seventh
   23              degree.
   24    A person is guilty of criminal possession of a controlled substance in
   25  the  seventh  degree when he or she knowingly and unlawfully possesses a
   26  controlled  substance;  provided,  however,  that  it  shall  not  be  a
   27  violation of this section when a person possesses a residual amount of a
   28  controlled  substance  and that residual amount is in or on a hypodermic
   29  syringe or hypodermic needle obtained and possessed pursuant to  section
   30  thirty-three hundred eighty-one of the public health law, WHICH INCLUDES
   31  THE  STATE'S  SYRINGE  EXCHANGE  AND PHARMACY AND MEDICAL PROVIDER-BASED
   32  EXPANDED SYRINGE ACCESS PROGRAMS; nor shall it be a  violation  of  this
   33  section when a person's unlawful possession of a controlled substance is
   34  discovered  as  a  result of seeking immediate health care as defined in
   35  paragraph (b) of subdivision three of section 220.78 of the  penal  law,
   36  for either another person or him or herself because such person is expe-
   37  riencing  a  drug  or alcohol overdose or other life threatening medical
   38  emergency as defined in paragraph (a) of subdivision  three  of  section
   39  220.78 of the penal law.
   40    Criminal possession of a controlled substance in the seventh degree is
   41  a class A misdemeanor.
   42    S 5. Intentionally omitted.
   43    S 6. Intentionally omitted.
   44    S 7. Intentionally omitted.
   45    S 8. This act shall take effect immediately.
   46                                   PART J
   47                            Intentionally Omitted
   48                                   PART K
   49    Section 1. Intentionally omitted.
   50    S 2. Intentionally omitted.
   51    S 3. Intentionally omitted.
       S. 2007--B                         62                         A. 3007--B
    1    S 4. Intentionally omitted.
    2    S 5. Intentionally omitted.
    3    S 6. Intentionally omitted.
    4    S  7.  Subdivision  1  of  section  2806-a of the public health law is
    5  amended by adding a new paragraph (g) to read as follows:
    6    (G) "IMPROPER DELEGATION OF  MANAGEMENT  AUTHORITY  BY  THE  GOVERNING
    7  AUTHORITY  OR  OPERATOR" OF A GENERAL HOSPITAL SHALL INCLUDE, BUT NOT BE
    8  LIMITED TO, THE DELEGATION TO AN ENTITY THAT HAS NOT BEEN ESTABLISHED AS
    9  AN OPERATOR OF THE GENERAL HOSPITAL OF (I) AUTHORITY TO HIRE OR FIRE THE
   10  ADMINISTRATOR OR OTHER KEY MANAGEMENT EMPLOYEES;  (II)  MAINTENANCE  AND
   11  CONTROL  OF  THE BOOKS AND RECORDS; (III) AUTHORITY OVER THE DISPOSITION
   12  OF ASSETS AND THE INCURRING OF LIABILITIES ON BEHALF  OF  THE  FACILITY;
   13  AND  (IV)  THE ADOPTION AND ENFORCEMENT OF POLICIES REGARDING THE OPERA-
   14  TION OF THE FACILITY. THE CRITERIA SET FORTH IN THIS PARAGRAPH SHALL NOT
   15  BE THE SOLE DETERMINING FACTORS, BUT INDICATORS TO  BE  CONSIDERED  WITH
   16  SUCH  OTHER  FACTORS  THAT  MAY  BE  PERTINENT  IN PARTICULAR INSTANCES.
   17  PROFESSIONAL EXPERTISE SHALL BE EXERCISED  IN  THE  UTILIZATION  OF  THE
   18  CRITERIA.  ALL  OF  THE  LISTED  INDICIA  NEED NOT BE PRESENT IN A GIVEN
   19  INSTANCE FOR THERE TO BE AN IMPROPER DELEGATION OF AUTHORITY.
   20    S 8. Paragraph (a) of subdivision 2 of section 2806-a  of  the  public
   21  health  law,  as added by section 50 of part E of chapter 56 of the laws
   22  of 2013, is amended to read as follows:
   23    (a) In the event that: (i) a facility  seeks  extraordinary  financial
   24  assistance  and the commissioner finds that the facility is experiencing
   25  serious financial instability that is jeopardizing existing or continued
   26  access to essential services within the community, or (ii)  the  commis-
   27  sioner finds that there are conditions within the facility that serious-
   28  ly  endanger  the  life,  health or safety of residents or patients, the
   29  commissioner may appoint a temporary operator to assume sole control and
   30  sole responsibility for the operations of that facility,  OR  (III)  THE
   31  COMMISSIONER FINDS THAT THERE HAS BEEN AN IMPROPER DELEGATION OF MANAGE-
   32  MENT  AUTHORITY  BY  THE  GOVERNING  AUTHORITY  OR OPERATOR OF A GENERAL
   33  HOSPITAL, THE COMMISSIONER SHALL APPOINT A TEMPORARY OPERATOR TO  ASSUME
   34  SOLE  CONTROL  AND  SOLE  RESPONSIBILITY  FOR  THE  OPERATIONS  OF  THAT
   35  FACILITY. The appointment of the temporary operator shall be effectuated
   36  pursuant to this section and shall be in addition to any other  remedies
   37  provided by law.
   38    S  9.  Subparagraph (iii) of paragraph (c) of subdivision 5 of section
   39  2806-a of the public health law, as added by section 50  of  part  E  of
   40  chapter 56 of the laws of 2013, is amended to read as follows:
   41    (iii)  recommended  actions  for the ongoing operation of the facility
   42  subsequent to the term of the temporary operator  INCLUDING  RECOMMENDA-
   43  TIONS REGARDING THE PROPER MANAGEMENT OF THE FACILITY AND ONGOING AGREE-
   44  MENTS  WITH INDIVIDUALS OR ENTITIES WITH PROPER DELEGATION OF MANAGEMENT
   45  AUTHORITY; and
   46    S 10. Subdivision 4 of section 2801-a of  the  public  health  law  is
   47  amended by adding a new paragraph (i) to read as follows:
   48    (I)  UPON RECOMMENDATION BY THE COMMISSIONER, IF THE PUBLIC HEALTH AND
   49  HEALTH PLANNING COUNCIL FINDS BY SUBSTANTIAL EVIDENCE THAT  AN  IMPROPER
   50  DELEGATION  OF MANAGEMENT AUTHORITY BY A GOVERNING AUTHORITY OR OPERATOR
   51  OF A GENERAL HOSPITAL HAS OCCURRED AS DEFINED BY PARAGRAPH (G) OF SUBDI-
   52  VISION ONE OF SECTION TWENTY-EIGHT HUNDRED SIX-A OF  THIS  ARTICLE,  THE
   53  ESTABLISHMENT  APPROVAL  OF SUCH HOSPITAL SHALL BE SUBJECT TO REVOCATION
   54  OR SUSPENSION.
   55    S 11. This act shall take effect immediately; provided, however,  that
   56  the  amendments  to  section  2806-a  of  the public health law, made by
       S. 2007--B                         63                         A. 3007--B
    1  sections seven, eight and nine of this act, shall not affect the expira-
    2  tion and repeal of such section, and shall be deemed repealed therewith.
    3                                   PART L
    4    Section  1.  Paragraph  (b)  of  subdivision 1 of section 230-d of the
    5  public health law, as added by chapter 365  of  the  laws  of  2007,  is
    6  amended to read as follows:
    7    (b)  "Adverse  event" means (i) patient death within thirty days; (ii)
    8  unplanned transfer to a hospital OR EMERGENCY  DEPARTMENT  VISIT  WITHIN
    9  SEVENTY-TWO  HOURS  OF  OFFICE-BASED  SURGERY FOR REASONS RELATED TO THE
   10  OFFICE-BASED SURGERY ENCOUNTER; (iii) unscheduled hospital admission  OR
   11  ASSIGNMENT  TO  OBSERVATION  SERVICES,  within  seventy-two hours of the
   12  office-based surgery, for longer than twenty-four  hours;  or  (iv)  any
   13  other serious or life-threatening event.
   14    S  2.  Subdivision  4  of  section  230-d of the public health law, as
   15  amended by chapter 477 of the laws  of  2008,  is  amended  to  read  as
   16  follows:
   17    4.  (A)  Licensees  shall  report  adverse  events to the department's
   18  patient safety center within [one] THREE  business  [day]  DAYS  of  the
   19  occurrence  of  such  adverse  event.  Licensees  shall  also report any
   20  suspected health care disease transmission originating  in  their  prac-
   21  tices  to  the  patient  safety center within [one] THREE business [day]
   22  DAYS of becoming aware of such suspected transmission. For  purposes  of
   23  this  section,  health  care  disease transmission shall mean the trans-
   24  mission of a reportable communicable disease that is blood borne from  a
   25  health care professional to a patient or between patients as a result of
   26  improper infection control practices by the health care professional.
   27    (B)  THE  DEPARTMENT  MAY  ALSO REQUIRE LICENSEES TO REPORT ADDITIONAL
   28  DATA SUCH AS PROCEDURAL INFORMATION AS NEEDED FOR THE INTERPRETATION  OF
   29  ADVERSE EVENTS.
   30    (C)  The  DATA reported [data] UNDER THIS SUBDIVISION shall be subject
   31  to  all  confidentiality  provisions  provided  by  section  twenty-nine
   32  hundred ninety-eight-e of this chapter.
   33    S 3. The section heading and subdivisions 1 and 2 of section 2998-e of
   34  the  public health law, as added by chapter 365 of the laws of 2007, are
   35  amended to read as follows:
   36    Reporting [of adverse events] in office based surgery.  1. The commis-
   37  sioner [shall] MAY  enter  into  agreements  with  accrediting  agencies
   38  [pursuant]  to  [which  the  accrediting  agencies  shall]  REQUIRE  ALL
   39  OFFICE-BASED SURGICAL PRACTICES TO CONDUCT QUALITY IMPROVEMENT AND QUAL-
   40  ITY ASSURANCE ACTIVITIES AND UTILIZE  CERTIFICATION  BY  AN  APPROPRIATE
   41  CERTIFYING  ORGANIZATION, HOSPITAL PRIVILEGING OR OTHER EQUIVALENT METH-
   42  ODS TO DETERMINE COMPETENCY OF  PRACTITIONERS  TO  PERFORM  OFFICE-BASED
   43  SURGERY,  CARRY  OUT  SURVEYS  OR  COMPLAINT/INCIDENT INVESTIGATIONS AND
   44  SHALL report, at a minimum, [aggregate data on adverse events]  FINDINGS
   45  OF  SURVEYS  AND  COMPLAINT/INCIDENT  INVESTIGATIONS,  AND  DATA for all
   46  office-based surgical practices accredited by the  accrediting  agencies
   47  to the department. The department may disclose reports of aggregate data
   48  to the public.
   49    2.  The  information required to be collected, maintained and reported
   50  directly to the department AND THE ACCREDITING AGENCIES  AND  MAINTAINED
   51  BY OFFICE-BASED SURGERY PRACTICES UNDER ADVERSE EVENT REPORTING, QUALITY
   52  IMPROVEMENT  AND  QUALITY  ASSURANCE  ACTIVITIES pursuant to section two
   53  hundred thirty-d of this chapter shall be kept  confidential  and  shall
   54  not  be  released,  except  to  the department and except as required or
       S. 2007--B                         64                         A. 3007--B
    1  permitted under subdivision nine-a and subparagraph (v) of paragraph (a)
    2  of subdivision ten of  section  two  hundred  thirty  of  this  chapter.
    3  Notwithstanding  any  other provision of law, none of [such information]
    4  THE  INFORMATION COLLECTED, MAINTAINED AND REPORTED TO THE DEPARTMENT OR
    5  THE ACCREDITING AGENCIES, AND MAINTAINED  BY  THE  OFFICE-BASED  SURGERY
    6  PRACTICES UNDER ADVERSE EVENT REPORTING, QUALITY IMPROVEMENT AND QUALITY
    7  ASSURANCE  ACTIVITIES  PURSUANT  TO  THIS  SECTION  shall  be subject to
    8  disclosure under article six of the public officers law or article thir-
    9  ty-one of the civil practice law and rules.
   10    S 4. This act shall take effect one year after it shall have become  a
   11  law.
   12                                   PART M
   13    Section 1. Subdivisions 1 and 2 of section 1100-a of the public health
   14  law,  as  added  by chapter 258 of the laws of 1996, are amended and two
   15  new subdivisions 3 and 4 are added to read as follows:
   16    1. Notwithstanding any contrary provision of law, rule, regulation  or
   17  code,  any county, city, town or village that owns both its public water
   18  system and the water supply for such system may  by  local  law  provide
   19  whether a fluoride compound shall [or shall not] be added to such public
   20  water supply.
   21    2.  Any  county, wherein a public authority owns both its public water
   22  system and the water supply for such system, may by  local  law  provide
   23  whether a fluoride compound shall [or shall not] be added to such public
   24  water supply.
   25    3.  NO  COUNTY,  CITY,  TOWN  OR VILLAGE, INCLUDING A COUNTY WHEREIN A
   26  PUBLIC AUTHORITY OWNS BOTH ITS PUBLIC WATER SYSTEM AND THE WATER  SUPPLY
   27  FOR  SUCH  SYSTEM,  THAT  FLUORIDATES  A PUBLIC WATER SUPPLY OR CAUSES A
   28  PUBLIC WATER SUPPLY TO BE FLUORIDATED, SHALL DISCONTINUE THE ADDITION OF
   29  A FLUORIDE COMPOUND TO SUCH PUBLIC WATER  SUPPLY  UNLESS  IT  HAS  FIRST
   30  COMPLIED WITH THE FOLLOWING REQUIREMENTS:
   31    (A)  ISSUE  A NOTICE TO THE PUBLIC OF THE PRELIMINARY DETERMINATION TO
   32  DISCONTINUE FLUORIDATION FOR COMMENT, WHICH SHALL INCLUDE THE JUSTIFICA-
   33  TION FOR  THE  PROPOSED  DISCONTINUANCE,  ALTERNATIVES  TO  FLUORIDATION
   34  AVAILABLE,  AND A SUMMARY OF CONSULTATIONS WITH HEALTH PROFESSIONALS AND
   35  THE DEPARTMENT CONCERNING THE PROPOSED DISCONTINUANCE.  SUCH NOTICE MAY,
   36  BUT IS  NOT  REQUIRED  TO,  INCLUDE  PUBLICATION  IN  LOCAL  NEWSPAPERS.
   37  "CONSULTATIONS  WITH HEALTH PROFESSIONALS" MAY INCLUDE FORMAL STUDIES BY
   38  HIRED PROFESSIONALS, INFORMAL CONSULTATIONS  WITH  LOCAL  PUBLIC  HEALTH
   39  OFFICIALS   OR  OTHER  HEALTH  PROFESSIONALS,  OR  OTHER  CONSULTATIONS,
   40  PROVIDED THAT THE NATURE OF SUCH CONSULTATIONS AND THE IDENTITY OF  SUCH
   41  PROFESSIONALS SHALL BE IDENTIFIED IN THE PUBLIC NOTICE. "ALTERNATIVES TO
   42  FLUORIDATION"  MAY  INCLUDE  FORMAL  ALTERNATIVES  PROVIDED BY OR AT THE
   43  EXPENSE OF THE COUNTY, CITY, TOWN  OR  VILLAGE,  OR  OTHER  ALTERNATIVES
   44  AVAILABLE  TO  THE  PUBLIC.  ANY PUBLIC COMMENTS RECEIVED IN RESPONSE TO
   45  SUCH NOTICE SHALL BE ADDRESSED BY THE COUNTY, CITY, TOWN OR  VILLAGE  IN
   46  THE ORDINARY COURSE OF BUSINESS; AND
   47    (B)  PROVIDE  THE DEPARTMENT AT LEAST NINETY DAYS PRIOR WRITTEN NOTICE
   48  OF THE INTENT TO DISCONTINUE AND SUBMIT A PLAN FOR  DISCONTINUANCE  THAT
   49  INCLUDES  BUT  IS NOT LIMITED TO THE NOTICE THAT WILL BE PROVIDED TO THE
   50  PUBLIC, CONSISTENT WITH PARAGRAPH (A) OF THIS SUBDIVISION, OF THE DETER-
   51  MINATION TO DISCONTINUE FLUORIDATION OF THE WATER SUPPLY, INCLUDING  THE
   52  DATE  OF  SUCH  DISCONTINUANCE AND ALTERNATIVES TO FLUORIDATION, IF ANY,
   53  THAT WILL BE MADE AVAILABLE IN THE COMMUNITY, AND THAT INCLUDES INFORMA-
   54  TION AS MAY BE REQUIRED UNDER THE SANITARY CODE.
       S. 2007--B                         65                         A. 3007--B
    1    4. THE COMMISSIONER IS HEREBY AUTHORIZED, WITHIN AMOUNTS  APPROPRIATED
    2  THEREFOR, TO MAKE GRANTS TO COUNTIES, CITIES, TOWNS OR VILLAGES THAT OWN
    3  THEIR  PUBLIC WATER SYSTEM AND THE WATER SUPPLY FOR SUCH SYSTEM, INCLUD-
    4  ING A COUNTY WHEREIN A PUBLIC  AUTHORITY  OWNS  BOTH  ITS  PUBLIC  WATER
    5  SYSTEM  AND THE WATER SUPPLY FOR SUCH SYSTEM, FOR THE PURPOSE OF PROVID-
    6  ING ASSISTANCE TOWARDS THE COSTS  OF  INSTALLATION,  INCLUDING  BUT  NOT
    7  LIMITED  TO TECHNICAL AND ADMINISTRATIVE COSTS ASSOCIATED WITH PLANNING,
    8  DESIGN AND CONSTRUCTION,  AND  START-UP  OF  FLUORIDATION  SYSTEMS,  AND
    9  REPLACING,  REPAIRING  OR  UPGRADING  OF FLUORIDATION EQUIPMENT FOR SUCH
   10  PUBLIC WATER SYSTEMS. GRANT FUNDING SHALL NOT BE AVAILABLE  FOR  ASSIST-
   11  ANCE  TOWARDS  THE  COSTS  AND EXPENSES OF OPERATION OF THE FLUORIDATION
   12  SYSTEM, AS DETERMINED BY THE DEPARTMENT. THE  GRANT  APPLICATIONS  SHALL
   13  INCLUDE  SUCH INFORMATION AS REQUIRED BY THE COMMISSIONER. IN MAKING THE
   14  GRANT AWARDS, THE COMMISSIONER SHALL CONSIDER THE DEMONSTRATED NEED  FOR
   15  INSTALLATION  OF  NEW  FLUORIDATION EQUIPMENT OR REPLACING, REPAIRING OR
   16  UPGRADING OF EXISTING FLUORIDATION EQUIPMENT, AND SUCH OTHER CRITERIA AS
   17  DETERMINED BY THE COMMISSIONER.  GRANT AWARDS SHALL BE MADE ON A COMPET-
   18  ITIVE BASIS AND BE SUBJECT TO SUCH CONDITIONS AS MAY  BE  DETERMINED  BY
   19  THE COMMISSIONER.
   20    S 2. This act shall take effect immediately.
   21                                   PART N
   22    Section  1.  Purpose.  The purpose of this act is to seek public input
   23  about the creation of an office of community living  with  the  goal  of
   24  providing improvements in service delivery and improved program outcomes
   25  that  would  result  from  the expansion of community living integration
   26  services for older adults and persons of all ages with disabilities.
   27    S 2. Data and information collection. (1) The director  of  the  state
   28  office  for  the aging, in collaboration with other state agencies, will
   29  consult with stakeholders, providers, individuals and their families  to
   30  gather  data  and information on the creation of an office for community
   31  living. Areas of focus shall include, but not be limited to,  furthering
   32  the  goals  of  the governor's Olmstead plan, strengthening the No Wrong
   33  Door approach to accessing information and services, reinforcing  initi-
   34  atives  of  the  Balancing  Incentive Program, creating opportunities to
   35  better leverage  resources,  evaluating  methods  for  service  delivery
   36  improvements, and analyzing the fiscal impact of creating such an office
   37  on  services, individuals and providers.  The state office for the aging
   38  shall also examine recent federal  initiatives  to  create  an  adminis-
   39  tration on community living; and examine other states' efforts to expand
   40  services  supporting  community  living  integration,  and  local and/or
   41  regional coordination efforts within New York.
   42    (2) In order to ensure meaningful public input and  comment  regarding
   43  the  activities  of  subdivision  one  of this section, there shall be a
   44  series of public meetings held across the  state,  organized  to  ensure
   45  that  stakeholders  in all regions of the state are afforded an opportu-
   46  nity to comment.
   47    S 3. Reporting. The director of the state office for the  aging  shall
   48  submit to the governor, and to the temporary president of the senate and
   49  the  speaker  of  the assembly, a report and recommendations by December
   50  15, 2015, that outlines the results and  findings  associated  with  the
   51  aforementioned  collection  of  data  and solicitation of feedback. Such
   52  report shall include, but not be limited to, the director's  assessment,
   53  after  taking  into  consideration  input from all stakeholders, whether
   54  establishment of such an office would be beneficial to  the  populations
       S. 2007--B                         66                         A. 3007--B
    1  served  and  the state as a whole, the information gathered to make such
    2  assessment, an analysis of all information  gathered,  all  alternatives
    3  considered, the impact and effect any proposed change may have on exist-
    4  ing  programs  and services, and an assessment of related fiscal impacts
    5  on localities, the  state  and  non-governmental  entities  serving  the
    6  elderly and disabled communities in each of the respective communities.
    7    S 4. This act shall take effect immediately.
    8                                   PART O
    9                            Intentionally Omitted
   10                                   PART P
   11                            Intentionally Omitted
   12                                   PART Q
   13                            Intentionally Omitted
   14                                   PART R
   15                            Intentionally Omitted
   16                                   PART S
   17                            Intentionally Omitted
   18                                   PART T
   19                            Intentionally Omitted
   20                                   PART U
   21                            Intentionally Omitted
   22                                   PART V
   23    Section  1.  Subparagraph  (iv)  of  paragraph (a) of subdivision 3 of
   24  section 3309 of the public health law, as added by  chapter  42  of  the
   25  laws of 2014, is amended to read as follows:
   26    (iv)  "Opioid  antagonist  recipient" or "recipient" means a person at
   27  risk of experiencing an opioid-related overdose,  or  a  family  member,
   28  friend  or other person in a position to assist a person experiencing or
   29  at risk of experiencing an opioid-related overdose, or  an  organization
   30  registered  as  an  opioid  overdose prevention program pursuant to this
   31  section OR A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES,
   32  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD,  CHARTER   SCHOOL,
       S. 2007--B                         67                         A. 3007--B
    1  NON-PUBLIC  ELEMENTARY  AND/OR  SECONDARY  SCHOOL  IN  THIS STATE OR ANY
    2  PERSON EMPLOYED BY SUCH DISTRICT, BOARD OR SCHOOL.
    3    S  2.  Subdivision  4  of  section  3309  of the public health law, as
    4  amended by chapter 42 of the  laws  of  2014,  is  amended  to  read  as
    5  follows:
    6    4.  Use  of  an  opioid  antagonist  pursuant to this section shall be
    7  considered first aid or emergency treatment for the purpose of any stat-
    8  ute relating to liability.
    9    A recipient [or], opioid overdose prevention program, SCHOOL DISTRICT,
   10  BOARD OF COOPERATIVE EDUCATIONAL SERVICES, COUNTY  VOCATIONAL  EDUCATION
   11  AND EXTENSION BOARD, CHARTER SCHOOL, NON-PUBLIC ELEMENTARY SCHOOL AND/OR
   12  SECONDARY  SCHOOL IN THE STATE, OR ANY PERSON EMPLOYED BY SUCH DISTRICT,
   13  BOARD OR SCHOOL under this section, acting reasonably and in good  faith
   14  in compliance with this section, shall not be subject to criminal, civil
   15  or administrative liability solely by reason of such action.
   16    S  3. Subdivision 3 of section 3309 of the public health law, as added
   17  by chapter 34 of the laws of 2014, is renumbered subdivision 3-a.
   18    S 4. The education law is amended by adding a new section 922 to  read
   19  as follows:
   20    S  922.  OPIOID  OVERDOSE  PREVENTION.  1. SCHOOL DISTRICTS, BOARDS OF
   21  COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION AND EXTEN-
   22  SION BOARDS, CHARTER SCHOOLS, AND NON-PUBLIC  ELEMENTARY  AND  SECONDARY
   23  SCHOOLS  IN THIS STATE MAY PROVIDE AND MAINTAIN ON-SITE IN EACH INSTRUC-
   24  TIONAL SCHOOL FACILITY OPIOID ANTAGONISTS, AS DEFINED IN  SECTION  THREE
   25  THOUSAND  THREE HUNDRED NINE OF THE PUBLIC HEALTH LAW, IN QUANTITIES AND
   26  TYPES DEEMED BY THE COMMISSIONER, IN CONSULTATION WITH THE  COMMISSIONER
   27  OF HEALTH, TO BE ADEQUATE TO ENSURE READY AND APPROPRIATE ACCESS FOR USE
   28  DURING  EMERGENCIES  TO  ANY STUDENT OR STAFF SUSPECTED OF HAVING OPIOID
   29  OVERDOSE WHETHER OR NOT THERE IS A PREVIOUS HISTORY OF OPIOID ABUSE.
   30    2. SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, COUN-
   31  TY VOCATIONAL EDUCATION AND EXTENSION BOARDS, CHARTER SCHOOLS, AND  NON-
   32  PUBLIC  ELEMENTARY  AND  SECONDARY  SCHOOLS  IN  THIS STATE MAY ELECT TO
   33  PARTICIPATE AS AN OPIOID ANTAGONIST RECIPIENT AND ANY PERSON EMPLOYED BY
   34  ANY SUCH ENTITY THAT HAS ELECTED TO PARTICIPATE MAY ADMINISTER AN OPIOID
   35  ANTAGONIST IN THE EVENT OF AN EMERGENCY, PROVIDED THAT SUCH PERSON SHALL
   36  HAVE BEEN TRAINED BY A PROGRAM APPROVED  UNDER  SECTION  THREE  THOUSAND
   37  THREE  HUNDRED NINE OF THE PUBLIC HEALTH LAW. ANY SCHOOL DISTRICT, BOARD
   38  OF COOPERATIVE EDUCATIONAL SERVICES,  COUNTY  VOCATIONAL  EDUCATION  AND
   39  EXTENSION BOARD, CHARTER SCHOOL, AND NON-PUBLIC ELEMENTARY AND SECONDARY
   40  SCHOOL  THAT HAS EMPLOYEES TRAINED IN ACCORDANCE WITH THIS SECTION SHALL
   41  COMPLY WITH THE REQUIREMENTS OF SECTION  THREE  THOUSAND  THREE  HUNDRED
   42  NINE OF THE PUBLIC HEALTH LAW INCLUDING, BUT NOT LIMITED TO, APPROPRIATE
   43  CLINICAL  OVERSIGHT,  RECORD  KEEPING  AND REPORTING. NO PERSON SHALL BE
   44  REQUIRED TO PARTICIPATE IN THE PROGRAM AND ANY PARTICIPATION BY AN INDI-
   45  VIDUAL SHALL BE VOLUNTARY.
   46    S 5. Subdivision 4 of section 6909 of the education law is amended  by
   47  adding a new paragraph (f) to read as follows:
   48    (F)  THE  URGENT  OR EMERGENCY TREATMENT OF OPIOID RELATED OVERDOSE OR
   49  SUSPECTED OPIOID RELATED OVERDOSE.
   50    S 6. Subdivision 6 of section 6527 of the education law is amended  by
   51  adding a new paragraph (f) to read as follows:
   52    (F)  THE  URGENT  OR EMERGENCY TREATMENT OF OPIOID RELATED OVERDOSE OR
   53  SUSPECTED OPIOID RELATED OVERDOSE.
   54    S 7. This act shall take effect on the one hundred twentieth day after
   55  it shall have become a law, provided  that  any  rules  and  regulations
   56  necessary  to implement the provisions of this act on its effective date
       S. 2007--B                         68                         A. 3007--B
    1  are authorized and directed to be promulgated, repealed, and/or  amended
    2  by such effective date.
    3                                   PART W
    4    Section  1.  Subdivision 2 of section 2807-y of the public health law,
    5  as added by section 67 of part B of chapter 58 of the laws of  2005,  is
    6  amended to read as follows:
    7    2.  In  the event contracts with the article forty-three insurance law
    8  plans or other commissioner's designees are effectuated, the commission-
    9  er shall conduct annual audits of the receipt and  distribution  of  the
   10  funds  AND  BEGINNING  JANUARY FIRST, TWO THOUSAND SIXTEEN SHALL PROVIDE
   11  RECORDS OF ALL REVENUES AND  DISBURSEMENTS  MADE  FROM  ALLOCATIONS  AND
   12  ASSESSMENTS  LISTED  IN SUBDIVISION ONE OF THIS SECTION TO THE TEMPORARY
   13  PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY ON AN ANNUAL BASIS.
   14    S 2.  HCRA modernization task force: the commissioner of health  shall
   15  convene  a task force to evaluate and make recommendations regarding the
   16  efficacy and transparency of the Health Care Reform Act  resources  fund
   17  (HCRA  fund) and to evaluate and modernize the provisions of law related
   18  to the Health Care Reform Acts of 1996 and 2000 (HCRA). The  task  force
   19  shall  consist  of  the  commissioner of health, or his or her designee,
   20  employees of the department of health  with  expertise  in  health  care
   21  financing,  the director of the division of budget, or his or her desig-
   22  nee, an individual to be appointed by the  temporary  president  of  the
   23  senate,  an  individual  to be appointed by the speaker of the assembly,
   24  and stakeholders impacted by charges and disbursements of HCRA  and  the
   25  HCRA  fund,  including,  but  not  limited to: representatives of health
   26  plans, consumers, managed care plans, hospitals, health care practition-
   27  ers, and other health care providers. The commissioner of health, or his
   28  or her designee, shall chair the task force. The HCRA pool administrator
   29  shall provide material support to the task force and  submit  documenta-
   30  tion  and  analysis  necessary  for  deliberations  by  such task force,
   31  including, but not limited to, an accounting of revenues  collected  and
   32  disbursements  made through HCRA and the HCRA fund. The task force shall
   33  consider and evaluate: the purposes for which the HCRA fund  was  estab-
   34  lished and whether such purposes may be continually served by such fund;
   35  the  impact  that  any  reduction  or recalculation of indigent care and
   36  disproportionate share payments pursuant to federal law may have on  the
   37  HCRA fund, and the cost that such reductions or recalculations will have
   38  to the state; the extent to which provisions of law in the HCRA statutes
   39  have  become  obsolete;  the  extent to which the Balanced Budget Act of
   40  1997, Public Health Law 105-33, mandates a particular form of charges or
   41  assessments under HCRA and the impact any proposed change would have  on
   42  the protections by such law; and any other purpose that would contribute
   43  to  the  streamlining  and  modernization of HCRA and the HCRA fund. The
   44  task force shall convene no later than June 30,  2015.  The  task  force
   45  shall  report to the governor, the temporary president of the senate and
   46  the speaker of the assembly its considerations, evaluations,  and  find-
   47  ings and make recommendations of changes to any rule, regulation, law or
   48  practice  necessary  to effectuate its conclusions. Such report shall be
   49  submitted no later than December 31, 2015, at which time such task force
   50  shall be disbanded and its work completed.
   51    S 3. Intentionally omitted.
   52    S 4.  Paragraph (d) of subdivision 5-a of section 2807-m of the public
   53  health law is amended by adding three new subparagraphs  (iv),  (v)  and
   54  (vi) to read as follows:
       S. 2007--B                         69                         A. 3007--B
    1    (IV)  IN ADDITION TO THE FUNDS ALLOCATED UNDER THIS PARAGRAPH, FOR THE
    2  PERIOD APRIL FIRST, TWO THOUSAND FIFTEEN THROUGH MARCH THIRTY-FIRST, TWO
    3  THOUSAND SIXTEEN,  TWO  MILLION  DOLLARS  SHALL  BE  AVAILABLE  FOR  THE
    4  PURPOSES DESCRIBED IN SUBDIVISION TEN OF THIS SECTION;
    5    (V)  IN  ADDITION TO THE FUNDS ALLOCATED UNDER THIS PARAGRAPH, FOR THE
    6  PERIOD APRIL FIRST, TWO THOUSAND SIXTEEN THROUGH MARCH THIRTY-FIRST, TWO
    7  THOUSAND SEVENTEEN, TWO MILLION  DOLLARS  SHALL  BE  AVAILABLE  FOR  THE
    8  PURPOSES DESCRIBED IN SUBDIVISION TEN OF THIS SECTION;
    9    (VI) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AND SUBJECT
   10  TO THE EXTENSION OF THE HEALTH CARE REFORM ACT OF 1996, SUFFICIENT FUNDS
   11  SHALL BE AVAILABLE FOR THE PURPOSES DESCRIBED IN SUBDIVISION TEN OF THIS
   12  SECTION  IN AMOUNTS NECESSARY TO FUND THE REMAINING YEAR COMMITMENTS FOR
   13  AWARDS MADE PURSUANT TO SUBPARAGRAPHS (IV) AND (V) OF THIS PARAGRAPH.
   14    S 5. Intentionally omitted.
   15    S 6. Intentionally omitted.
   16    S 7. Intentionally omitted.
   17    S 8. This act shall take effect immediately.
   18                                   PART X
   19    Section 1. Section 1325 of the insurance law, as added by chapter  489
   20  of the laws of 2012, is amended to read as follows:
   21    S  1325.  Exemption.  For  the purposes of exempting certain insurance
   22  companies from the provisions of  section  one  thousand  three  hundred
   23  twenty-four  of  this  article, the superintendent shall exempt, through
   24  December thirty-first, two thousand [sixteen] NINETEEN, those stock  and
   25  non-stock insurance companies to which subparagraph (B) of paragraph two
   26  of subsection (b) of such section applies.
   27    S  2.  Subsection (c) of section 2343 of the insurance law, as amended
   28  by chapter 489 of the laws of 2012, is amended to read as follows:
   29    (c) Notwithstanding any other provision of this chapter,  no  applica-
   30  tion for an order of rehabilitation or liquidation of a domestic insurer
   31  whose  primary liability arises from the business of medical malpractice
   32  insurance, as that term is defined in subsection  (b)  of  section  five
   33  thousand  five hundred one of this chapter, shall be made on the grounds
   34  specified in subsection (a)  or  (c)  of  section  seven  thousand  four
   35  hundred  two of this chapter at any time prior to December thirty-first,
   36  two thousand [sixteen] NINETEEN.
   37    S 3. This act shall take effect immediately.
   38                                   PART Y
   39    Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter 266
   40  of the laws of 1986, amending the civil practice law and rules and other
   41  laws relating  to  malpractice  and  professional  medical  conduct,  as
   42  amended  by  section  18 of part B of chapter 60 of the laws of 2014, is
   43  amended to read as follows:
   44    (a) The superintendent  of  [insurance]  FINANCIAL  SERVICES  and  the
   45  commissioner  of health or their designee shall, from funds available in
   46  the hospital excess liability pool created pursuant to subdivision 5  of
   47  this  section, purchase a policy or policies for excess insurance cover-
   48  age, as authorized by paragraph 1 of subsection (e) of section  5502  of
   49  the  insurance  law; or from an insurer, other than an insurer described
   50  in section 5502 of the insurance law,  duly  authorized  to  write  such
   51  coverage  and  actually  writing  medical  malpractice insurance in this
   52  state; or shall purchase equivalent excess coverage in a form previously
       S. 2007--B                         70                         A. 3007--B
    1  approved by the superintendent of  [insurance]  FINANCIAL  SERVICES  for
    2  purposes  of  providing  equivalent  excess  coverage in accordance with
    3  section 19 of chapter 294 of the laws of 1985,  for  medical  or  dental
    4  malpractice  occurrences between July 1, 1986 and June 30, 1987, between
    5  July 1, 1987 and June 30, 1988, between July 1, 1988 and June 30,  1989,
    6  between  July  1,  1989 and June 30, 1990, between July 1, 1990 and June
    7  30, 1991, between July 1, 1991 and June 30, 1992, between July  1,  1992
    8  and  June 30, 1993, between July 1, 1993 and June 30, 1994, between July
    9  1, 1994 and June 30, 1995, between July  1,  1995  and  June  30,  1996,
   10  between  July  1,  1996 and June 30, 1997, between July 1, 1997 and June
   11  30, 1998, between July 1, 1998 and June 30, 1999, between July  1,  1999
   12  and  June 30, 2000, between July 1, 2000 and June 30, 2001, between July
   13  1, 2001 and June 30, 2002, between July  1,  2002  and  June  30,  2003,
   14  between  July  1,  2003 and June 30, 2004, between July 1, 2004 and June
   15  30, 2005, between July 1, 2005 and June 30, 2006, between July  1,  2006
   16  and  June 30, 2007, between July 1, 2007 and June 30, 2008, between July
   17  1, 2008 and June 30, 2009, between July  1,  2009  and  June  30,  2010,
   18  between  July  1,  2010 and June 30, 2011, between July 1, 2011 and June
   19  30, 2012, between July 1, 2012 and June 30, 2013, between July  1,  2013
   20  and  June  30,  2014,  [and] between July 1, 2014 and June 30, 2015, AND
   21  BETWEEN JULY 1, 2015 AND JUNE 30, 2016 or reimburse the  hospital  where
   22  the hospital purchases equivalent excess coverage as defined in subpara-
   23  graph  (i)  of  paragraph  (a)  of  subdivision  1-a of this section for
   24  medical or dental malpractice occurrences between July 1, 1987 and  June
   25  30,  1988,  between July 1, 1988 and June 30, 1989, between July 1, 1989
   26  and June 30, 1990, between July 1, 1990 and June 30, 1991, between  July
   27  1,  1991  and  June  30,  1992,  between July 1, 1992 and June 30, 1993,
   28  between July 1, 1993 and June 30, 1994, between July 1,  1994  and  June
   29  30,  1995,  between July 1, 1995 and June 30, 1996, between July 1, 1996
   30  and June 30, 1997, between July 1, 1997 and June 30, 1998, between  July
   31  1,  1998  and  June  30,  1999,  between July 1, 1999 and June 30, 2000,
   32  between July 1, 2000 and June 30, 2001, between July 1,  2001  and  June
   33  30,  2002,  between July 1, 2002 and June 30, 2003, between July 1, 2003
   34  and June 30, 2004, between July 1, 2004 and June 30, 2005, between  July
   35  1,  2005  and  June  30,  2006,  between July 1, 2006 and June 30, 2007,
   36  between July 1, 2007 and June 30, 2008, between July 1,  2008  and  June
   37  30,  2009,  between July 1, 2009 and June 30, 2010, between July 1, 2010
   38  and June 30, 2011, between July 1, 2011 and June 30, 2012, between  July
   39  1, 2012 and June 30, 2013, between July 1, 2013 and June 30, 2014, [and]
   40  between  July  1,  2014  and June 30, 2015, AND BETWEEN JULY 1, 2015 AND
   41  JUNE 30, 2016 for physicians or dentists certified as eligible for  each
   42  such  period  or  periods pursuant to subdivision 2 of this section by a
   43  general hospital licensed pursuant to article 28 of  the  public  health
   44  law; provided that no single insurer shall write more than fifty percent
   45  of  the  total  excess  premium  for  a given policy year; and provided,
   46  however, that such eligible physicians or dentists must have in force an
   47  individual policy, from an insurer licensed in  this  state  of  primary
   48  malpractice  insurance  coverage  in amounts of no less than one million
   49  three hundred thousand dollars for each claimant and three million  nine
   50  hundred  thousand dollars for all claimants under that policy during the
   51  period of such excess coverage for such occurrences or  be  endorsed  as
   52  additional insureds under a hospital professional liability policy which
   53  is  offered  through  a  voluntary  attending  physician  ("channeling")
   54  program previously permitted by the superintendent of [insurance] FINAN-
   55  CIAL SERVICES during the period of such excess coverage for such  occur-
   56  rences.    During  such  period, such policy for excess coverage or such
       S. 2007--B                         71                         A. 3007--B
    1  equivalent excess coverage shall, when combined with the physician's  or
    2  dentist's  primary  malpractice  insurance coverage or coverage provided
    3  through a voluntary attending physician ("channeling") program, total an
    4  aggregate  level  of two million three hundred thousand dollars for each
    5  claimant and six million nine hundred thousand dollars for all claimants
    6  from all such policies with respect to occurrences in each of such years
    7  provided, however, if the cost of primary malpractice insurance coverage
    8  in excess of one million dollars, but below the excess medical  malprac-
    9  tice  insurance coverage provided pursuant to this act, exceeds the rate
   10  of nine percent per annum, then the required level of  primary  malprac-
   11  tice insurance coverage in excess of one million dollars for each claim-
   12  ant  shall  be  in  an amount of not less than the dollar amount of such
   13  coverage available at nine percent per annum; the required level of such
   14  coverage for all claimants under that policy shall be in an  amount  not
   15  less  than  three times the dollar amount of coverage for each claimant;
   16  and excess coverage, when combined with such primary malpractice  insur-
   17  ance  coverage,  shall increase the aggregate level for each claimant by
   18  one million dollars and three million dollars  for  all  claimants;  and
   19  provided  further,  that,  with  respect  to policies of primary medical
   20  malpractice coverage that include occurrences between April 1, 2002  and
   21  June 30, 2002, such requirement that coverage be in amounts no less than
   22  one  million  three hundred thousand dollars for each claimant and three
   23  million nine hundred thousand dollars for all claimants for such  occur-
   24  rences shall be effective April 1, 2002.
   25    S  2.  Subdivision 3 of section 18 of chapter 266 of the laws of 1986,
   26  amending the civil practice law and rules and  other  laws  relating  to
   27  malpractice  and  professional medical conduct, as amended by section 19
   28  of part B of chapter 60 of the laws of  2014,  is  amended  to  read  as
   29  follows:
   30    (3)(a)  The  superintendent  of  [insurance]  FINANCIAL SERVICES shall
   31  determine and certify to each general hospital and to  the  commissioner
   32  of health the cost of excess malpractice insurance for medical or dental
   33  malpractice  occurrences between July 1, 1986 and June 30, 1987, between
   34  July 1, 1988 and June 30, 1989, between July 1, 1989 and June 30,  1990,
   35  between  July  1,  1990 and June 30, 1991, between July 1, 1991 and June
   36  30, 1992, between July 1, 1992 and June 30, 1993, between July  1,  1993
   37  and  June 30, 1994, between July 1, 1994 and June 30, 1995, between July
   38  1, 1995 and June 30, 1996, between July  1,  1996  and  June  30,  1997,
   39  between  July  1,  1997 and June 30, 1998, between July 1, 1998 and June
   40  30, 1999, between July 1, 1999 and June 30, 2000, between July  1,  2000
   41  and  June 30, 2001, between July 1, 2001 and June 30, 2002, between July
   42  1, 2002 and June 30, 2003, between July  1,  2003  and  June  30,  2004,
   43  between  July  1,  2004 and June 30, 2005, between July 1, 2005 and June
   44  30, 2006, between July 1, 2006 and June 30, 2007, between July  1,  2007
   45  and  June 30, 2008, between July 1, 2008 and June 30, 2009, between July
   46  1, 2009 and June 30, 2010, between July  1,  2010  and  June  30,  2011,
   47  between  July  1,  2011 and June 30, 2012, between July 1, 2012 and June
   48  30, 2013, and between July 1, 2013 and June 30, 2014, [and] between July
   49  1, 2014 and June 30, 2015, AND BETWEEN JULY 1, 2015 AND  JUNE  30,  2016
   50  allocable  to each general hospital for physicians or dentists certified
   51  as eligible for purchase of a policy for excess  insurance  coverage  by
   52  such  general hospital in accordance with subdivision 2 of this section,
   53  and may amend such determination and certification as necessary.
   54    (b) The superintendent of [insurance] FINANCIAL SERVICES shall  deter-
   55  mine  and  certify  to  each general hospital and to the commissioner of
   56  health the cost of excess malpractice  insurance  or  equivalent  excess
       S. 2007--B                         72                         A. 3007--B
    1  coverage  for  medical or dental malpractice occurrences between July 1,
    2  1987 and June 30, 1988, between July 1, 1988 and June 30, 1989,  between
    3  July  1, 1989 and June 30, 1990, between July 1, 1990 and June 30, 1991,
    4  between  July  1,  1991 and June 30, 1992, between July 1, 1992 and June
    5  30, 1993, between July 1, 1993 and June 30, 1994, between July  1,  1994
    6  and  June 30, 1995, between July 1, 1995 and June 30, 1996, between July
    7  1, 1996 and June 30, 1997, between July  1,  1997  and  June  30,  1998,
    8  between  July  1,  1998 and June 30, 1999, between July 1, 1999 and June
    9  30, 2000, between July 1, 2000 and June 30, 2001, between July  1,  2001
   10  and  June 30, 2002, between July 1, 2002 and June 30, 2003, between July
   11  1, 2003 and June 30, 2004, between July  1,  2004  and  June  30,  2005,
   12  between  July  1,  2005 and June 30, 2006, between July 1, 2006 and June
   13  30, 2007, between July 1, 2007 and June 30, 2008, between July  1,  2008
   14  and  June 30, 2009, between July 1, 2009 and June 30, 2010, between July
   15  1, 2010 and June 30, 2011, between July  1,  2011  and  June  30,  2012,
   16  between  July  1,  2012 and June 30, 2013, between July 1, 2013 and June
   17  30, 2014, [and] between July 1, 2014 and June 30, 2015, AND BETWEEN JULY
   18  1, 2015 AND JUNE 30, 2016 allocable to each general hospital for  physi-
   19  cians  or  dentists  certified  as eligible for purchase of a policy for
   20  excess insurance coverage or equivalent excess coverage by such  general
   21  hospital in accordance with subdivision 2 of this section, and may amend
   22  such determination and certification as necessary. The superintendent of
   23  [insurance]  FINANCIAL  SERVICES  shall  determine  and  certify to each
   24  general hospital and to the commissioner of health the ratable share  of
   25  such  cost allocable to the period July 1, 1987 to December 31, 1987, to
   26  the period January 1, 1988 to June 30, 1988, to the period July 1,  1988
   27  to December 31, 1988, to the period January 1, 1989 to June 30, 1989, to
   28  the  period  July 1, 1989 to December 31, 1989, to the period January 1,
   29  1990 to June 30, 1990, to the period July 1, 1990 to December 31,  1990,
   30  to  the  period  January 1, 1991 to June 30, 1991, to the period July 1,
   31  1991 to December 31, 1991, to the period January 1,  1992  to  June  30,
   32  1992,  to  the  period  July 1, 1992 to December 31, 1992, to the period
   33  January 1, 1993 to June 30, 1993, to the period July 1, 1993 to December
   34  31, 1993, to the period January 1, 1994 to June 30, 1994, to the  period
   35  July 1, 1994 to December 31, 1994, to the period January 1, 1995 to June
   36  30, 1995, to the period July 1, 1995 to December 31, 1995, to the period
   37  January 1, 1996 to June 30, 1996, to the period July 1, 1996 to December
   38  31,  1996, to the period January 1, 1997 to June 30, 1997, to the period
   39  July 1, 1997 to December 31, 1997, to the period January 1, 1998 to June
   40  30, 1998, to the period July 1, 1998 to December 31, 1998, to the period
   41  January 1, 1999 to June 30, 1999, to the period July 1, 1999 to December
   42  31, 1999, to the period January 1, 2000 to June 30, 2000, to the  period
   43  July 1, 2000 to December 31, 2000, to the period January 1, 2001 to June
   44  30,  2001,  to  the  period July 1, 2001 to June 30, 2002, to the period
   45  July 1, 2002 to June 30, 2003, to the period July 1, 2003  to  June  30,
   46  2004, to the period July 1, 2004 to June 30, 2005, to the period July 1,
   47  2005 and June 30, 2006, to the period July 1, 2006 and June 30, 2007, to
   48  the  period  July  1, 2007 and June 30, 2008, to the period July 1, 2008
   49  and June 30, 2009, to the period July 1, 2009 and June 30, 2010, to  the
   50  period  July  1,  2010 and June 30, 2011, to the period July 1, 2011 and
   51  June 30, 2012, to the period July 1, 2012 and  June  30,  2013,  to  the
   52  period  July 1, 2013 and June 30, 2014, [and] to the period July 1, 2014
   53  and June 30, 2015, AND TO THE PERIOD JULY 1, 2015 AND JUNE 30, 2016.
   54    S 3. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of section
   55  18 of chapter 266 of the laws of 1986, amending the civil  practice  law
   56  and  rules  and  other  laws  relating  to  malpractice and professional
       S. 2007--B                         73                         A. 3007--B
    1  medical conduct, as amended by section 20 of part B of chapter 60 of the
    2  laws of 2014, are amended to read as follows:
    3    (a)  To  the  extent  funds available to the hospital excess liability
    4  pool pursuant to subdivision 5 of this section as amended, and  pursuant
    5  to  section  6  of part J of chapter 63 of the laws of 2001, as may from
    6  time to time be amended, which amended this  subdivision,  are  insuffi-
    7  cient  to  meet  the  costs  of  excess insurance coverage or equivalent
    8  excess coverage for coverage periods during the period July 1,  1992  to
    9  June  30,  1993, during the period July 1, 1993 to June 30, 1994, during
   10  the period July 1, 1994 to June 30, 1995, during the period July 1, 1995
   11  to June 30, 1996, during the period July  1,  1996  to  June  30,  1997,
   12  during  the period July 1, 1997 to June 30, 1998, during the period July
   13  1, 1998 to June 30, 1999, during the period July 1,  1999  to  June  30,
   14  2000, during the period July 1, 2000 to June 30, 2001, during the period
   15  July  1,  2001  to  October 29, 2001, during the period April 1, 2002 to
   16  June 30, 2002, during the period July 1, 2002 to June 30,  2003,  during
   17  the period July 1, 2003 to June 30, 2004, during the period July 1, 2004
   18  to  June  30,  2005,  during  the  period July 1, 2005 to June 30, 2006,
   19  during the period July 1, 2006 to June 30, 2007, during the period  July
   20  1,  2007  to  June  30, 2008, during the period July 1, 2008 to June 30,
   21  2009, during the period July 1, 2009 to June 30, 2010, during the period
   22  July 1, 2010 to June 30, 2011, during the period July 1,  2011  to  June
   23  30,  2012,  during  the period July 1, 2012 to June 30, 2013, during the
   24  period July 1, 2013 to June 30, 2014, [and] during the  period  July  1,
   25  2014  to  June 30, 2015, AND DURING THE PERIOD JULY 1, 2015 AND JUNE 30,
   26  2016 allocated or reallocated in accordance with paragraph (a) of subdi-
   27  vision 4-a of this section to  rates  of  payment  applicable  to  state
   28  governmental  agencies,  each physician or dentist for whom a policy for
   29  excess insurance coverage or equivalent excess coverage is purchased for
   30  such period shall be responsible for payment to the provider  of  excess
   31  insurance  coverage  or equivalent excess coverage of an allocable share
   32  of such insufficiency, based on the ratio of  the  total  cost  of  such
   33  coverage  for such physician to the sum of the total cost of such cover-
   34  age for all physicians applied to such insufficiency.
   35    (b) Each provider of excess insurance coverage  or  equivalent  excess
   36  coverage  covering the period July 1, 1992 to June 30, 1993, or covering
   37  the period July 1, 1993 to June 30, 1994, or covering the period July 1,
   38  1994 to June 30, 1995, or covering the period July 1, 1995 to  June  30,
   39  1996,  or covering the period July 1, 1996 to June 30, 1997, or covering
   40  the period July 1, 1997 to June 30, 1998, or covering the period July 1,
   41  1998 to June 30, 1999, or covering the period July 1, 1999 to  June  30,
   42  2000,  or covering the period July 1, 2000 to June 30, 2001, or covering
   43  the period July 1, 2001 to October 29,  2001,  or  covering  the  period
   44  April  1,  2002 to June 30, 2002, or covering the period July 1, 2002 to
   45  June 30, 2003, or covering the period July 1, 2003 to June 30, 2004,  or
   46  covering the period July 1, 2004 to June 30, 2005, or covering the peri-
   47  od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
   48  June  30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
   49  covering the period July 1, 2008 to June 30, 2009, or covering the peri-
   50  od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
   51  June 30, 2011, or covering the period July 1, 2011 to June 30, 2012,  or
   52  covering the period July 1, 2012 to June 30, 2013, or covering the peri-
   53  od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
   54  June  30,  2015,  OR  COVERING  THE PERIOD JULY 1, 2015 TO JUNE 30, 2016
   55  shall notify a covered physician or  dentist  by  mail,  mailed  to  the
   56  address  shown  on the last application for excess insurance coverage or
       S. 2007--B                         74                         A. 3007--B
    1  equivalent excess coverage, of the amount due to such provider from such
    2  physician or dentist for such coverage period determined  in  accordance
    3  with  paragraph  (a)  of this subdivision. Such amount shall be due from
    4  such  physician or dentist to such provider of excess insurance coverage
    5  or equivalent excess coverage in a time and  manner  determined  by  the
    6  superintendent of [insurance] FINANCIAL SERVICES.
    7    (c)  If  a physician or dentist liable for payment of a portion of the
    8  costs of excess insurance coverage or equivalent excess coverage  cover-
    9  ing  the  period  July  1, 1992 to June 30, 1993, or covering the period
   10  July 1, 1993 to June 30, 1994, or covering the period July  1,  1994  to
   11  June  30, 1995, or covering the period July 1, 1995 to June 30, 1996, or
   12  covering the period July 1, 1996 to June 30, 1997, or covering the peri-
   13  od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
   14  June 30, 1999, or covering the period July 1, 1999 to June 30, 2000,  or
   15  covering the period July 1, 2000 to June 30, 2001, or covering the peri-
   16  od  July  1,  2001  to October 29, 2001, or covering the period April 1,
   17  2002 to June 30, 2002, or covering the period July 1, 2002 to  June  30,
   18  2003,  or covering the period July 1, 2003 to June 30, 2004, or covering
   19  the period July 1, 2004 to June 30, 2005, or covering the period July 1,
   20  2005 to June 30, 2006, or covering the period July 1, 2006 to  June  30,
   21  2007,  or covering the period July 1, 2007 to June 30, 2008, or covering
   22  the period July 1, 2008 to June 30, 2009, or covering the period July 1,
   23  2009 to June 30, 2010, or covering the period July 1, 2010 to  June  30,
   24  2011,  or covering the period July 1, 2011 to June 30, 2012, or covering
   25  the period July 1, 2012 to June 30, 2013, or covering the period July 1,
   26  2013 to June 30, 2014, or covering the period July 1, 2014 to  June  30,
   27  2015, OR COVERING THE PERIOD JULY 1, 2015 TO JUNE 30, 2016 determined in
   28  accordance  with  paragraph  (a)  of  this subdivision fails, refuses or
   29  neglects to make payment to the provider of excess insurance coverage or
   30  equivalent excess coverage in such time and manner as determined by  the
   31  superintendent  of  [insurance] FINANCIAL SERVICES pursuant to paragraph
   32  (b) of this subdivision, excess insurance coverage or equivalent  excess
   33  coverage purchased for such physician or dentist in accordance with this
   34  section  for  such  coverage period shall be cancelled and shall be null
   35  and void as of the first day on or after the commencement  of  a  policy
   36  period  where the liability for payment pursuant to this subdivision has
   37  not been met.
   38    (d) Each provider of excess insurance coverage  or  equivalent  excess
   39  coverage  shall  notify  the  superintendent  of  [insurance]  FINANCIAL
   40  SERVICES and the commissioner of health or their designee of each physi-
   41  cian and dentist eligible for purchase of a policy for excess  insurance
   42  coverage  or equivalent excess coverage covering the period July 1, 1992
   43  to June 30, 1993, or covering the period July 1, 1993 to June 30,  1994,
   44  or  covering  the  period July 1, 1994 to June 30, 1995, or covering the
   45  period July 1, 1995 to June 30, 1996, or covering  the  period  July  1,
   46  1996  to  June 30, 1997, or covering the period July 1, 1997 to June 30,
   47  1998, or covering the period July 1, 1998 to June 30, 1999, or  covering
   48  the period July 1, 1999 to June 30, 2000, or covering the period July 1,
   49  2000  to  June  30, 2001, or covering the period July 1, 2001 to October
   50  29, 2001, or covering the period April 1, 2002  to  June  30,  2002,  or
   51  covering the period July 1, 2002 to June 30, 2003, or covering the peri-
   52  od July 1, 2003 to June 30, 2004, or covering the period July 1, 2004 to
   53  June  30, 2005, or covering the period July 1, 2005 to June 30, 2006, or
   54  covering the period July 1, 2006 to June 30, 2007, or covering the peri-
   55  od July 1, 2007 to June 30, 2008, or covering the period July 1, 2008 to
   56  June 30, 2009, or covering the period July 1, 2009 to June 30, 2010,  or
       S. 2007--B                         75                         A. 3007--B
    1  covering the period July 1, 2010 to June 30, 2011, or covering the peri-
    2  od July 1, 2011 to June 30, 2012, or covering the period July 1, 2012 to
    3  June  30, 2013, or covering the period July 1, 2013 to June 30, 2014, or
    4  covering the period July 1, 2014 to June 30, 2015, OR COVERING THE PERI-
    5  OD  JULY 1, 2015 TO JUNE 30, 2016 that has made payment to such provider
    6  of excess insurance coverage or equivalent excess coverage in accordance
    7  with paragraph (b) of this subdivision and of each physician and dentist
    8  who has failed, refused or neglected to make such payment.
    9    (e) A provider of  excess  insurance  coverage  or  equivalent  excess
   10  coverage  shall  refund to the hospital excess liability pool any amount
   11  allocable to the period July 1, 1992 to June 30, 1993, and to the period
   12  July 1, 1993 to June 30, 1994, and to the period July 1,  1994  to  June
   13  30,  1995,  and  to the period July 1, 1995 to June 30, 1996, and to the
   14  period July 1, 1996 to June 30, 1997, and to the period July 1, 1997  to
   15  June  30,  1998, and to the period July 1, 1998 to June 30, 1999, and to
   16  the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000
   17  to June 30, 2001, and to the period July 1, 2001 to  October  29,  2001,
   18  and to the period April 1, 2002 to June 30, 2002, and to the period July
   19  1,  2002  to  June  30, 2003, and to the period July 1, 2003 to June 30,
   20  2004, and to the period July 1, 2004 to June 30, 2005, and to the period
   21  July 1, 2005 to June 30, 2006, and to the period July 1,  2006  to  June
   22  30,  2007,  and  to the period July 1, 2007 to June 30, 2008, and to the
   23  period July 1, 2008 to June 30, 2009, and to the period July 1, 2009  to
   24  June  30,  2010, and to the period July 1, 2010 to June 30, 2011, and to
   25  the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012
   26  to June 30, 2013, and to the period July 1, 2013 to June 30,  2014,  and
   27  to  the  period July 1, 2014 to June 30, 2015, AND TO THE PERIOD JULY 1,
   28  2015 TO JUNE 30, 2016 received from the hospital excess  liability  pool
   29  for  purchase of excess insurance coverage or equivalent excess coverage
   30  covering the period July 1, 1992 to June  30,  1993,  and  covering  the
   31  period  July  1,  1993 to June 30, 1994, and covering the period July 1,
   32  1994 to June 30, 1995, and covering the period July 1, 1995 to June  30,
   33  1996,  and covering the period July 1, 1996 to June 30, 1997, and cover-
   34  ing the period July 1, 1997 to June 30, 1998, and  covering  the  period
   35  July  1,  1998 to June 30, 1999, and covering the period July 1, 1999 to
   36  June 30, 2000, and covering the period July 1, 2000 to  June  30,  2001,
   37  and  covering  the period July 1, 2001 to October 29, 2001, and covering
   38  the period April 1, 2002 to June 30, 2002, and covering the period  July
   39  1,  2002  to June 30, 2003, and covering the period July 1, 2003 to June
   40  30, 2004, and covering the period July 1, 2004 to  June  30,  2005,  and
   41  covering  the  period  July  1,  2005 to June 30, 2006, and covering the
   42  period July 1, 2006 to June 30, 2007, and covering the  period  July  1,
   43  2007  to June 30, 2008, and covering the period July 1, 2008 to June 30,
   44  2009, and covering the period July 1, 2009 to June 30, 2010, and  cover-
   45  ing  the  period  July 1, 2010 to June 30, 2011, and covering the period
   46  July 1, 2011 to June 30, 2012, and covering the period July 1,  2012  to
   47  June  30,  2013,  and covering the period July 1, 2013 to June 30, 2014,
   48  and covering the period July 1, 2014 to June 30, 2015, AND COVERING  THE
   49  PERIOD  JULY  1,  2015 TO JUNE 30, 2016 for a physician or dentist where
   50  such  excess  insurance  coverage  or  equivalent  excess  coverage   is
   51  cancelled in accordance with paragraph (c) of this subdivision.
   52    S 4. Section 40 of chapter 266 of the laws of 1986, amending the civil
   53  practice  law  and  rules  and  other  laws  relating to malpractice and
   54  professional medical conduct, as amended by section  21  of  part  B  of
   55  chapter 60 of the laws of 2014, is amended to read as follows:
       S. 2007--B                         76                         A. 3007--B
    1    S  40.  The  superintendent  of  [insurance]  FINANCIAL SERVICES shall
    2  establish rates for  policies  providing  coverage  for  physicians  and
    3  surgeons medical malpractice for the periods commencing July 1, 1985 and
    4  ending June 30, [2015] 2016; provided, however, that notwithstanding any
    5  other  provision  of  law,  the  superintendent  shall  not establish or
    6  approve any increase in rates for the period commencing July 1, 2009 and
    7  ending June 30, 2010. The superintendent shall direct insurers to estab-
    8  lish segregated accounts for premiums, payments, reserves and investment
    9  income attributable to such premium periods and shall  require  periodic
   10  reports  by  the  insurers regarding claims and expenses attributable to
   11  such periods to monitor whether such accounts will be sufficient to meet
   12  incurred claims and expenses. On or after July 1, 1989, the  superinten-
   13  dent  shall  impose a surcharge on premiums to satisfy a projected defi-
   14  ciency that is attributable to the premium levels  established  pursuant
   15  to  this  section  for such periods; provided, however, that such annual
   16  surcharge shall not exceed eight percent of the established  rate  until
   17  July  1,  [2015] 2016, at which time and thereafter such surcharge shall
   18  not exceed twenty-five percent of the approved adequate rate,  and  that
   19  such  annual  surcharges shall continue for such period of time as shall
   20  be sufficient to satisfy such deficiency. The superintendent  shall  not
   21  impose  such  surcharge  during  the  period commencing July 1, 2009 and
   22  ending June 30, 2010.    On  and  after  July  1,  1989,  the  surcharge
   23  prescribed  by  this section shall be retained by insurers to the extent
   24  that they insured physicians  and  surgeons  during  the  July  1,  1985
   25  through  June  30,  [2015]  2016 policy periods; in the event and to the
   26  extent physicians and surgeons were insured by  another  insurer  during
   27  such  periods, all or a pro rata share of the surcharge, as the case may
   28  be, shall be remitted to such other insurer in accordance with rules and
   29  regulations  to  be  promulgated  by  the  superintendent.    Surcharges
   30  collected  from physicians and surgeons who were not insured during such
   31  policy periods shall be apportioned among all insurers in proportion  to
   32  the  premium  written  by  each insurer during such policy periods; if a
   33  physician or surgeon was insured by an insurer subject to  rates  estab-
   34  lished by the superintendent during such policy periods, and at any time
   35  thereafter  a  hospital,  health  maintenance  organization, employer or
   36  institution is responsible for responding in damages for liability aris-
   37  ing out of such physician's or  surgeon's  practice  of  medicine,  such
   38  responsible entity shall also remit to such prior insurer the equivalent
   39  amount  that  would then be collected as a surcharge if the physician or
   40  surgeon had continued to remain insured by such prior  insurer.  In  the
   41  event  any  insurer that provided coverage during such policy periods is
   42  in liquidation, the  property/casualty  insurance  security  fund  shall
   43  receive  the  portion  of surcharges to which the insurer in liquidation
   44  would have been entitled. The  surcharges  authorized  herein  shall  be
   45  deemed  to  be  income  earned  for  the purposes of section 2303 of the
   46  insurance law.  The superintendent, in establishing adequate  rates  and
   47  in  determining any projected deficiency pursuant to the requirements of
   48  this section and the  insurance  law,  shall  give  substantial  weight,
   49  determined  in  his  discretion  and judgment, to the prospective antic-
   50  ipated effect of any regulations promulgated and laws  enacted  and  the
   51  public  benefit  of    stabilizing malpractice rates and minimizing rate
   52  level fluctuation during the period of time necessary for  the  develop-
   53  ment  of more reliable statistical experience as to the efficacy of such
   54  laws and regulations affecting medical, dental or podiatric  malpractice
   55  enacted or promulgated in 1985, 1986, by this act and at any other time.
   56  Notwithstanding any provision of the insurance law, rates already estab-
       S. 2007--B                         77                         A. 3007--B
    1  lished  and  to  be  established  by the superintendent pursuant to this
    2  section are deemed adequate if such rates would be adequate  when  taken
    3  together with the maximum authorized annual surcharges to be imposed for
    4  a reasonable period of time whether or not any such annual surcharge has
    5  been actually imposed as of the establishment of such rates.
    6    S  5. Section 5 and subdivisions (a) and (e) of section 6 of part J of
    7  chapter 63 of the laws of 2001, amending chapter  266  of  the  laws  of
    8  1986,  amending the civil practice law and rules and other laws relating
    9  to malpractice and professional medical conduct, as amended  by  section
   10  22  of  part B of chapter 60 of the laws of 2014, are amended to read as
   11  follows:
   12    S 5. The superintendent of  [insurance]  FINANCIAL  SERVICES  and  the
   13  commissioner  of  health  shall  determine, no later than June 15, 2002,
   14  June 15, 2003, June 15, 2004, June 15, 2005, June  15,  2006,  June  15,
   15  2007,  June  15, 2008, June 15, 2009, June 15, 2010, June 15, 2011, June
   16  15, 2012, June 15, 2013, June 15, 2014, [and] June 15,  2015,  AND  JUNE
   17  15,  2016 the amount of funds available in the hospital excess liability
   18  pool, created pursuant to section 18 of chapter 266 of the laws of 1986,
   19  and whether such funds are sufficient for purposes of purchasing  excess
   20  insurance  coverage  for  eligible participating physicians and dentists
   21  during the period July 1, 2001 to June 30, 2002, or July 1, 2002 to June
   22  30, 2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June  30,
   23  2005,  or  July  1,  2005  to June 30, 2006, or July 1, 2006 to June 30,
   24  2007, or July 1, 2007 to June 30, 2008, or July  1,  2008  to  June  30,
   25  2009,  or  July  1,  2009  to June 30, 2010, or July 1, 2010 to June 30,
   26  2011, or July 1, 2011 to June 30, 2012, or July  1,  2012  to  June  30,
   27  2013,  or  July  1,  2013  to June 30, 2014, or July 1, 2014 to June 30,
   28  2015, OR JULY 1, 2015 TO JUNE 30, 2016, as applicable.
   29    (a) This section shall be effective only upon a determination,  pursu-
   30  ant  to  section  five of this act, by the superintendent of [insurance]
   31  FINANCIAL SERVICES and the commissioner of health, and  a  certification
   32  of  such determination to the state director of the budget, the chair of
   33  the senate committee on finance and the chair of the assembly  committee
   34  on  ways  and  means,  that  the  amount of funds in the hospital excess
   35  liability pool, created pursuant to section 18 of  chapter  266  of  the
   36  laws  of  1986, is insufficient for purposes of purchasing excess insur-
   37  ance coverage for eligible participating physicians and dentists  during
   38  the  period  July  1, 2001 to June 30, 2002, or July 1, 2002 to June 30,
   39  2003, or July 1, 2003 to June 30, 2004, or July  1,  2004  to  June  30,
   40  2005,  or  July  1,  2005  to June 30, 2006, or July 1, 2006 to June 30,
   41  2007, or July 1, 2007 to June 30, 2008, or July  1,  2008  to  June  30,
   42  2009,  or  July  1,  2009  to June 30, 2010, or July 1, 2010 to June 30,
   43  2011, or July 1, 2011 to June 30, 2012, or July  1,  2012  to  June  30,
   44  2013,  or  July  1,  2013  to June 30, 2014, or July 1, 2014 to June 30,
   45  2015, OR JULY 1, 2015 TO JUNE 30, 2016, as applicable.
   46    (e) The commissioner of health  shall  transfer  for  deposit  to  the
   47  hospital excess liability pool created pursuant to section 18 of chapter
   48  266  of  the laws of 1986 such amounts as directed by the superintendent
   49  of [insurance] FINANCIAL SERVICES for the purchase of  excess  liability
   50  insurance  coverage  for  eligible participating physicians and dentists
   51  for the policy year July 1, 2001 to June 30, 2002, or July  1,  2002  to
   52  June 30, 2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June
   53  30,  2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30,
   54  2007, as applicable, and the cost of administering the  hospital  excess
   55  liability pool for such applicable policy year,  pursuant to the program
   56  established  in  chapter  266  of the laws of 1986, as amended, no later
       S. 2007--B                         78                         A. 3007--B
    1  than June 15, 2002, June 15, 2003, June 15, 2004, June  15,  2005,  June
    2  15,  2006,  June  15, 2007, June 15, 2008, June 15, 2009, June 15, 2010,
    3  June 15, 2011, June 15, 2012, June 15, 2013, June 15, 2014,  [and]  June
    4  15, 2015, AND JUNE 15, 2016, as applicable.
    5    S 6. Notwithstanding any law, rule or regulation to the contrary, only
    6  physicians  or  dentists who were eligible, and for whom the superinten-
    7  dent of financial services and the  commissioner  of  health,  or  their
    8  designee, purchased, with funds available in the hospital excess liabil-
    9  ity  pool,  a  full  or partial policy for excess coverage or equivalent
   10  excess coverage for the coverage period ending the  thirtieth  of  June,
   11  two  thousand  fifteen, shall be eligible to apply for such coverage for
   12  the coverage period beginning the first of July, two  thousand  fifteen;
   13  provided,  however,  if  the  total number of physicians or dentists for
   14  whom such excess coverage or equivalent excess  coverage  was  purchased
   15  for  the  policy year ending the thirtieth of June, two thousand fifteen
   16  exceeds the total number of physicians or dentists certified as eligible
   17  for the coverage period  beginning  the  first  of  July,  two  thousand
   18  fifteen,  then  the  general  hospitals  may certify additional eligible
   19  physicians or dentists in a number  equal  to  such  general  hospital's
   20  proportional  share  of  the  total number of physicians or dentists for
   21  whom excess coverage or equivalent excess coverage  was  purchased  with
   22  funds  available in the hospital excess liability pool as of the thirti-
   23  eth of June, two thousand fifteen, as applied to the difference  between
   24  the  number  of  eligible  physicians  or dentists for whom a policy for
   25  excess coverage or equivalent excess  coverage  was  purchased  for  the
   26  coverage  period  ending the thirtieth of June, two thousand fifteen and
   27  the number of such eligible physicians or dentists who have applied  for
   28  excess  coverage  or equivalent excess for the coverage period beginning
   29  the first of July, two thousand fifteen.
   30    S 7. This act shall take effect immediately.
   31    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   32  sion, section or part of this act shall be  adjudged  by  any  court  of
   33  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   34  impair, or invalidate the remainder thereof, but shall  be  confined  in
   35  its  operation  to the clause, sentence, paragraph, subdivision, section
   36  or part thereof directly involved in the controversy in which such judg-
   37  ment shall have been rendered. It is hereby declared to be the intent of
   38  the legislature that this act would  have  been  enacted  even  if  such
   39  invalid provisions had not been included herein.
   40    S  3.  This  act shall take effect immediately provided, however, that
   41  the applicable effective date of Parts A through Y of this act shall  be
   42  as specifically set forth in the last section of such Parts.