S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 2007                                                  A. 3007
                             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
       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
       AN  ACT to amend the public health law, in relation to program pamphlets
         developed and distributed by the department of health and the disposi-
         tion of results of  professional  misconduct  proceedings;  to  repeal
         section  2995-a  of  the  public  health law relating to the physician
         profile website; to repeal subdivision  11  of  section  6524  of  the
         education  law,  relating  to physician license qualification require-
         ments; to repeal subdivision 9 of section 2803 of  the  public  health
         law  relating  to  reports  to  the  commissioner of health by general
         hospitals regarding working conditions and limits on working hours for
         certain members of the hospital's staff; and to repeal  section  461-s
         of the social services law, relating to enhancing the quality of adult
         living program for adult care facilities (Part A); to amend the social
         services  law, in relation to statewide supplemental rebates; to amend
         the social services law, in relation to pharmacy dispensing  fees;  to
         amend  the  public health law, in relation to the clinical drug review
         program; to amend the public health law, in relation to the prescriber
         prevails provision; to amend the social services law, in  relation  to
         outpatient  prescription  drugs;  to amend the social services law, in
         relation to the codification of the global cap; to  amend  the  public
         health  law,  in  relation to hospital quality contributions; to amend
         the public health law, in relation  to  hospital  payments;  to  amend
         parts A and B of chapter 1 of the laws of 2002, relating to the health
         care reform act of 2000, in relation to upper payment limits; to amend
         the  public health law, in relation to noticing of hospitals; to amend
         the social services law, in relation to health  homes;  to  amend  the
         public  health law, in relation to family planning; to amend part B of
         chapter 59 of the laws of 2011, amending the public health law  relat-
         ing to rates of payment and medical assistance, in relation to managed
         care  supplemental payments; to amend part H of chapter 59 of the laws
         of 2011, amending the public health law relating to  general  hospital
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12571-01-5
       S. 2007                             2                            A. 3007
         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  payments for Medicare beneficiaries; to amend the social
         services law, in relation to personal care; to  authorize  a  mobility
         management  contractor; to amend the public health law, in relation to
         energy efficiency; to amend the public  health  law,  in  relation  to
         recruitment and retention; to amend the civil service law, in relation
         to term appointments in health insurance program-related positions; to
         amend  the social services law, in relation to working disabled eligi-
         bility; to amend the social services law, in relation to family  plan-
         ning benefits; to amend the social services law, in relation to foster
         care;  to  amend  the public health law, in relation to certified home
         health agencies; to amend the public health law, in relation to  value
         based  payments;  to amend the social services law, in relation to the
         basic health plan program; to 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  chap-
         ter  56  of  the  laws of 2013 amending chapter 59 of the laws of 2011
         amending the public health law and  other  laws  to  general  hospital
         reimbursement  for  annual rates relating to the cap on local Medicaid
         expenditures, in relation to rates of payment paid to certain  provid-
         ers  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
       S. 2007                             3                            A. 3007
         relating to financing health facilities, in relation to the effective-
         ness  thereof;  to amend chapter 165 of the laws of 1991, amending the
         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 repeal subdivision (i) of section III 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
         budget for the 2011-2012 state fiscal plan, relating 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  21  of the laws of 2011 amending the education law
         relating to authorizing  pharmacists  to  perform  collaborative  drug
         therapy management with physicians in certain settings, in relation to
         extending  the provisions of such chapter; to amend chapter 459 of the
         laws of 1996 amending the public  health  law  relating  to  recertif-
         ication  of  persons  providing emergency medical care, in relation to
         making such provisions permanent; to amend chapter 505 of the laws  of
         1995,  amending  the  public  health  law relating to the operation of
         department of health facilities, in relation to making such provisions
         permanent; and to repeal subdivision (o) of section 111 of part  H  of
         chapter  59 of the laws of 2011, amending the public health law relat-
         ing to state wide planning and research cooperative system and general
         powers and  duties,  in  relation  to  the  effectiveness  of  certain
         provisions  (Part  D);  to amend the public health law, in relation to
         the payment of certain funds for uncompensated care (Part E); to amend
         the public health law, in relation to the establishment of value based
         payments within the delivery system reform incentive  payment  program
         (Part  F);  to  amend  the  financial services law, in relation to the
         financial assessment that offsets the operational costs of the  health
         insurance exchange; and to amend the public health law, in relation to
         health  care  reform  act  pool  administration (Part G); to amend the
         public health law, in relation to the establishment and  operation  of
         limited  services  clinics,  standardizing  urgent  care  centers  and
         enhanced oversight of office-based surgery; and to repeal  subdivision
         4  of section 2951 and section 2956 of such law relating to the statu-
         tory authority of upgraded diagnostic and treatment centers (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; to amend
         the  general  business  law,  in  relation  to  the definition of drug
         related paraphernalia; to amend the public health law, in relation  to
         the  sale  and furnishing of hypodermic needles and syringes; to amend
         the public health law in relation to simplifying consent for HIV test-
         ing; and to repeal subdivision 2-a  of  section  2781  of  the  public
         health law, relating to certain informed consent for HIV related test-
         ing (Part I); to amend the education law and the public health law, in
         relation  to  establishing a program for home health aides authorizing
         them to perform advanced tasks (Part J); to amend  the  public  health
       S. 2007                             4                            A. 3007
         law,  in  relation to streamlining the certificate of need process for
         hospitals and diagnostic and treatment clinics providing primary care;
         and to amend the public health law, in relation to public  health  and
         health  planning  council reviews (Part K); to amend the public health
         law, in relation to the enhanced  oversight  of  office-based  surgery
         (Part  L);  to  amend  the public health law, in relation to requiring
         notice and submission of a plan prior to discontinuing fluoridation of
         a public water supply (Part M); relating  to  conducting  a  study  to
         develop  a  report addressing the feasibility of creating an office of
         community living for older adults and individuals  of  all  ages  with
         disabilities (Part N); to amend chapter 111 of the laws of 2010 relat-
         ing  to  the  recovery of exempt income by the office of mental health
         for community  residences  and  family-based  treatment  programs,  in
         relation to the effectiveness thereof (Part O); to amend the education
         law, in relation to authorizing contracts for the provision of special
         education  and  related  services for certain patients hospitalized in
         hospitals operated by the office of mental health; and to amend part M
         of chapter 56 of the laws of 2012 amending the education law, relating
         to authorizing contracts for the provision of  special  education  and
         related  services for certain patients hospitalized in hospitals oper-
         ated by the office of mental health, in relation to the  effectiveness
         thereof  (Part  P);  to  amend  the  public  health law and the public
         authorities law, in relation to establishing a  private  equity  pilot
         program  (Part  Q); to amend part A of chapter 111 of the laws of 2010
         amending the mental hygiene law relating to the receipt of federal and
         state benefits received by individuals receiving  care  in  facilities
         operated by an office of the department of mental hygiene, in relation
         to  the  effectiveness  thereof  (Part  R);  and  to  amend the social
         services law, the  executive  law  and  the  mental  hygiene  law,  in
         relation to providing professional services to individuals with devel-
         opmental  disabilities  in  non-certified settings; in relation to the
         exemption of the nurse practice act for direct care staff in  non-cer-
         tified  settings  funded,  authorized  or  approved  by the office for
         people  with  developmental  disabilities;  and  to   repeal   certain
         provisions of the mental hygiene law relating thereto (Part S)
         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 S. 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. Section 2995-a of the public health law is REPEALED.
       S. 2007                             5                            A. 3007
    1    S 2. Section 2997-b of the public health law, as added by chapter  477
    2  of the laws of 2008, is amended to read as follows:
    3    S  2997-b.  Pamphlet  of  department  programs. The commissioner shall
    4  develop and transmit to physicians in the state a pamphlet describing  a
    5  variety of department programs and initiatives, including but not limit-
    6  ed  to  smoking  cessation  programs,  public health insurance programs,
    7  health and quality  improvement  information,  AND  the  patient  safety
    8  center  [and physician profiles]. Each physician practicing in the state
    9  shall make the pamphlet available in his or her practice reception  area
   10  so that it is accessible to patients.
   11    S  3.  Subparagraph  (i) of paragraph (h) of subdivision 10 of section
   12  230 of the public health law, as amended by chapter 477 of the  laws  of
   13  2008, is amended to read as follows:
   14    (i)  The  findings, conclusions, determination and the reasons for the
   15  determination of the committee shall be served upon  the  licensee,  the
   16  department, [and any hospitals, primary practice settings or health care
   17  plans  required to be identified in publicly disseminated physician data
   18  pursuant to paragraph (j), (n), or (q) of  subdivision  one  of  section
   19  twenty-nine  hundred  ninety-five-a of this chapter] ANY HOSPITALS WHERE
   20  THE LICENSEE HAS PRACTICE PRIVILEGES, THE PRIMARY  PRACTICE  SETTING  OF
   21  THE  LICENSEE,  THE  LICENSED PHYSICIANS WITH WHOM THE LICENSEE SHARES A
   22  GROUP PRACTICE, AND ANY HEALTH CARE PLANS WITH WHICH  THE  LICENSEE  HAS
   23  CONTRACTS,  EMPLOYMENT  OR  OTHER AFFILIATIONS, within sixty days of the
   24  last day of hearing. Service shall be either by certified mail upon  the
   25  licensee  at the licensee's last known address and such service shall be
   26  effective upon receipt or seven days after  mailing  by  certified  mail
   27  whichever  is  earlier  or by personal service and such service shall be
   28  effective upon receipt. The licensee shall  deliver  to  the  board  the
   29  license  which  has  been  revoked,  annulled, suspended or surrendered,
   30  together with the  registration  certificate,  within  five  days  after
   31  receipt  of  the  order.  If  the license or registration certificate is
   32  lost, misplaced or its whereabouts is otherwise  unknown,  the  licensee
   33  shall  submit an affidavit to that effect and shall deliver such license
   34  or certificate to the board when located.   The director of  the  office
   35  shall  promptly  transmit a copy of the order to the division of profes-
   36  sional licensing services of the state education department and to  each
   37  hospital at which the licensee has privileges.
   38    S 4. Subdivision 11 of section 6524 of the education law is REPEALED.
   39    S  5.  Subdivision  9  of  section  2803  of  the public health law is
   40  REPEALED.
   41    S 6. Section 461-s of the social services law is REPEALED.
   42    S 7. This act shall take effect immediately.
   43                                   PART B
   44    Section 1. Subdivision 7 of section 367-a of the social  services  law
   45  is amended by adding a new paragraph (e) to read as follows:
   46    (E)  NOTWITHSTANDING  SECTION  TWO  HUNDRED  SEVENTY-TWO OF THE PUBLIC
   47  HEALTH LAW OR ANY OTHER INCONSISTENT PROVISION OF LAW, THE  COMMISSIONER
   48  MAY  NEGOTIATE  DIRECTLY  WITH  A  PHARMACEUTICAL  MANUFACTURER  FOR THE
   49  PROVISION OF SUPPLEMENTAL REBATES, INCLUDING SUPPLEMENTAL REBATES RELAT-
   50  ING TO PHARMACEUTICAL UTILIZATION BY ENROLLEES OF MANAGED CARE PROVIDERS
   51  PURSUANT TO SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS  TITLE,  RELATING
   52  TO  ANY  OF THE DRUGS IT MANUFACTURES FOR THE PURPOSE OF FUNDING MEDICAL
   53  ASSISTANCE PROGRAM BENEFITS;  PROVIDED,  HOWEVER,  THAT  THIS  PARAGRAPH
   54  SHALL  APPLY ONLY TO COVERED OUTPATIENT DRUGS FOR WHICH THE MANUFACTURER
       S. 2007                             6                            A. 3007
    1  HAS IN EFFECT A REBATE AGREEMENT WITH THE FEDERAL  SECRETARY  OF  HEALTH
    2  AND HUMAN SERVICES PURSUANT TO 42 U.S.C. S1396R-8.
    3    S  2.   Subparagraph (ii) of paragraph (b) of subdivision 9 of section
    4  367-a of the social services law, as amended by section 2 of part  C  of
    5  chapter 60 of the laws of 2014, is amended to read as follows:
    6    (ii) if the drug dispensed is a multiple source prescription drug or a
    7  brand-name  prescription drug for which no specific upper limit has been
    8  set by such federal agency, the lower of the estimated acquisition  cost
    9  of  such  drug  to  pharmacies  or  the  dispensing pharmacy's usual and
   10  customary price charged to the general public.  For  sole  and  multiple
   11  source  brand  name  drugs, estimated acquisition cost means the average
   12  wholesale price of a prescription  drug  based  upon  the  package  size
   13  dispensed  from,  as  reported  by the prescription drug pricing service
   14  used by the department, less [seventeen] TWENTY-FOUR percent thereof  or
   15  the wholesale acquisition cost of a prescription drug based upon package
   16  size  dispensed  from,  as  reported  by  the  prescription drug pricing
   17  service used by the department, minus [zero  and  forty-one  hundredths]
   18  NINE  percent thereof, and updated monthly by the department. For multi-
   19  ple source generic drugs, estimated acquisition cost means the lower  of
   20  the  average wholesale price of a prescription drug based on the package
   21  size dispensed from,  as  reported  by  the  prescription  drug  pricing
   22  service used by the department, less twenty-five percent thereof, or the
   23  maximum  acquisition cost, if any, established pursuant to paragraph (e)
   24  of this subdivision, provided that the methodology used by  the  depart-
   25  ment  to  establish a maximum acquisition cost shall not include average
   26  acquisition cost as determined by department surveys.
   27    S 3. Subparagraph (ii) of paragraph (d) of subdivision  9  of  section
   28  367-a  of the social services law, as amended by section 48 of part C of
   29  chapter 58 of the laws of 2009, is amended to read as follows:
   30    (ii) for prescription drugs  categorized  as  brand-name  prescription
   31  drugs  by  the prescription drug pricing service used by the department,
   32  [three] EIGHT dollars [and fifty  cents]  per  prescription[,  provided,
   33  however,  that  for brand name prescription drugs reimbursed pursuant to
   34  subparagraph (ii) of paragraph (a-1)  of  subdivision  four  of  section
   35  three  hundred  sixty-five-a  of this title, the dispensing fee shall be
   36  four dollars and fifty cents per prescription].
   37    S 4. Section 274 of the public health law is amended by adding  a  new
   38  subdivision 15 to read as follows:
   39    15.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF THIS SECTION, THE
   40  COMMISSIONER MAY REQUIRE PRIOR AUTHORIZATION FOR ANY DRUG AFTER EVALUAT-
   41  ING THE FACTORS SET FORTH IN SUBDIVISION THREE OF THIS SECTION AND PRIOR
   42  TO OBTAINING THE  BOARD'S  EVALUATION  AND  RECOMMENDATION  REQUIRED  BY
   43  SUBDIVISION FOUR OF THIS SECTION. THE BOARD MAY RECOMMEND TO THE COMMIS-
   44  SIONER, PURSUANT TO SUBDIVISION SIX OF THIS SECTION, THAT ANY SUCH PRIOR
   45  AUTHORIZATION REQUIREMENT BE MODIFIED, CONTINUED OR REMOVED.
   46    S 5. Subdivision 11 of section 272 of the public health law is amended
   47  by adding a new paragraph (a-1) to read as follows:
   48    (A-1)  THE  COMMISSIONER  MAY REQUIRE A PHARMACEUTICAL MANUFACTURER TO
   49  PROVIDE A MINIMUM SUPPLEMENTAL REBATE FOR DRUGS THAT  ARE  ELIGIBLE  FOR
   50  STATE  PUBLIC  HEALTH  PLAN  REIMBURSEMENT,  INCLUDING SUCH DRUGS AS SET
   51  FORTH IN PARAGRAPH (G-1) OF SUBDIVISION TWO  OF  SECTION  THREE  HUNDRED
   52  SIXTY-FIVE-A  OF THE SOCIAL SERVICES LAW. IF SUCH A MINIMUM SUPPLEMENTAL
   53  REBATE IS NOT PROVIDED BY THE MANUFACTURER, PRIOR AUTHORIZATION  MAY  BE
   54  REQUIRED BY THE COMMISSIONER.
       S. 2007                             7                            A. 3007
    1    S  6.    Paragraph  (b)  of subdivision 3 of section 273 of the public
    2  health law, as added by section 10 of part C of chapter 58 of  the  laws
    3  of 2005, is amended to read as follows:
    4    (b)  In the event that the patient does not meet the criteria in para-
    5  graph (a) of this subdivision, the  prescriber  may  provide  additional
    6  information  to  the  program  to justify the use of a prescription drug
    7  that is not on the preferred drug list.  The  program  shall  provide  a
    8  reasonable opportunity for a prescriber to reasonably present his or her
    9  justification  of  prior authorization. [If, after consultation with the
   10  program, the prescriber, in his or her reasonable professional judgment,
   11  determines that the use of a  prescription  drug  that  is  not  on  the
   12  preferred  drug  list is warranted, the prescriber's determination shall
   13  be final.] THE PROGRAM WILL CONSIDER THE ADDITIONAL INFORMATION AND  THE
   14  JUSTIFICATION  PRESENTED  BY THE PRESCRIBER TO DETERMINE WHETHER THE USE
   15  OF A PRESCRIPTION DRUG THAT  IS  NOT  ON  THE  PREFERRED  DRUG  LIST  IS
   16  WARRANTED.  NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING THE RIGHT OF A
   17  MEDICAID  RECIPIENT TO APPEAL THE DENIAL OF A REQUEST FOR PRIOR AUTHORI-
   18  ZATION OF A PRESCRIPTION DRUG THAT IS NOT ON THE PREFERRED DRUG LIST.
   19    S 7. Section 364-j of the social services law is amended by  adding  a
   20  new subdivision 24-a to read as follows:
   21    24-A. CLAIMS FOR PAYMENT OF OUTPATIENT PRESCRIPTION DRUGS SUBMITTED TO
   22  A  MANAGED CARE PROVIDER BY A COVERED ENTITY PURSUANT TO SECTION 340B OF
   23  THE FEDERAL PUBLIC HEALTH SERVICE ACT  (42  USCA  S  256B)  OR  BY  SUCH
   24  COVERED  ENTITY'S  AUTHORIZED CONTRACT PHARMACY SHALL BE AT SUCH COVERED
   25  ENTITY'S OR CONTRACT PHARMACY'S ACTUAL ACQUISITION COST  FOR  THE  DRUG.
   26  FOR  PURPOSES  OF  THIS SUBDIVISION, "ACTUAL ACQUISITION COST" MEANS THE
   27  INVOICE PRICE FOR THE DRUG TO THE COVERED ENTITY OR THE COVERED ENTITY'S
   28  AUTHORIZED CONTRACT PHARMACY MINUS THE AMOUNT OF ALL DISCOUNTS AND OTHER
   29  COST-REDUCTIONS ATTRIBUTABLE TO THE DRUG.
   30    S 8. The social services law is amended by adding a new section  368-g
   31  to read as follows:
   32    S  368-G. LIMITATION ON GROWTH OF MEDICAL ASSISTANCE EXPENDITURES.  1.
   33  CAP ESTABLISHED. (A) NOTWITHSTANDING SECTION NINETY-ONE  OF  PART  H  OF
   34  CHAPTER  FIFTY-NINE  OF  THE LAWS OF TWO THOUSAND ELEVEN, AS AMENDED, OR
   35  ANY OTHER CONTRARY PROVISION OF LAW AND SUBJECT  TO  FEDERAL  APPROVALS,
   36  THE  YEAR  TO  YEAR  RATE  OF  GROWTH  OF DEPARTMENT STATE FUNDS MEDICAL
   37  ASSISTANCE SPENDING SHALL NOT EXCEED THE TEN YEAR ROLLING AVERAGE OF THE
   38  MEDICAL COMPONENT OF THE CONSUMER PRICE INDEX AS PUBLISHED BY THE UNITED
   39  STATES DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS, FOR THE  PRECED-
   40  ING  TEN  YEARS; PROVIDED, HOWEVER, THAT FOR STATE FISCAL YEAR TWO THOU-
   41  SAND THIRTEEN-TWO THOUSAND FOURTEEN OR ANY FISCAL YEAR  THEREAFTER,  THE
   42  MAXIMUM  ALLOWABLE ANNUAL INCREASE IN THE AMOUNT OF THE DEPARTMENT STATE
   43  FUNDS MEDICAL ASSISTANCE SPENDING SHALL BE CALCULATED BY MULTIPLYING THE
   44  DEPARTMENT STATE FUNDS MEDICAL  ASSISTANCE  SPENDING  FOR  THE  PREVIOUS
   45  YEAR,  LESS  THE  AMOUNT  OF  ANY  DEPARTMENT  STATE OPERATIONS SPENDING
   46  INCLUDED THEREIN, BY SUCH TEN YEAR ROLLING AVERAGE.
   47    (B) EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, FOR STATE
   48  FISCAL YEAR TWO THOUSAND THIRTEEN-TWO THOUSAND FOURTEEN  OR  ANY  FISCAL
   49  YEAR THEREAFTER, THE SPENDING LIMIT CALCULATED PURSUANT TO PARAGRAPH (A)
   50  OF THIS SUBDIVISION SHALL BE INCREASED BY AN AMOUNT EQUAL TO THE DIFFER-
   51  ENCE  BETWEEN  THE  TOTAL  SOCIAL  SERVICES  DISTRICT MEDICAL ASSISTANCE
   52  EXPENDITURE AMOUNTS CALCULATED  FOR  SUCH  PERIOD  IN  CONFORMANCE  WITH
   53  SUBDIVISIONS  (B), (C), (C-1), AND (D) OF SECTION ONE OF PART C OF CHAP-
   54  TER FIFTY-EIGHT OF THE LAWS OF TWO THOUSAND FIVE AND  THE  TOTAL  SOCIAL
   55  SERVICES  DISTRICT  MEDICAL EXPENDITURE AMOUNTS THAT WOULD HAVE RESULTED
       S. 2007                             8                            A. 3007
    1  IF THE PROVISIONS OF SUBDIVISION (C-1) OF  SUCH  SECTION  HAD  NOT  BEEN
    2  APPLIED.
    3    (C) WITH RESPECT TO A SOCIAL SERVICES DISTRICT THAT RESCINDS THE EXER-
    4  CISE  OF  THE  OPTION  PROVIDED  IN  PARAGRAPH (I) OF SUBDIVISION (B) OF
    5  SECTION TWO OF PART C OF CHAPTER FIFTY-EIGHT OF THE LAWS OF TWO THOUSAND
    6  FIVE, FOR STATE FISCAL YEAR TWO THOUSAND THIRTEEN-TWO THOUSAND  FOURTEEN
    7  OR ANY FISCAL YEAR THEREAFTER, THE SPENDING LIMIT CALCULATED PURSUANT TO
    8  SUBDIVISION  ONE  OF  THIS SECTION SHALL BE REDUCED BY THE AMOUNT OF THE
    9  MEDICAL ASSISTANCE EXPENDITURE AMOUNT CALCULATED FOR SUCH  DISTRICT  FOR
   10  SUCH PERIOD.
   11    2. SAVINGS ALLOCATION PLAN. NOTWITHSTANDING SECTION NINETY-TWO OF PART
   12  H  OF CHAPTER FIFTY-NINE OF THE LAWS OF TWO THOUSAND ELEVEN, AS AMENDED,
   13  AND ANY OTHER CONTRARY PROVISION OF LAW AND SUBJECT TO THE  AVAILABILITY
   14  OF  FEDERAL FINANCIAL PARTICIPATION, FOR STATE FISCAL YEARS ON AND AFTER
   15  TWO THOUSAND ELEVEN-TWO THOUSAND TWELVE, THE DIRECTOR OF THE BUDGET,  IN
   16  CONSULTATION  WITH THE COMMISSIONER, SHALL ASSESS ON A MONTHLY BASIS, AS
   17  REFLECTED IN MONTHLY REPORTS ISSUED PURSUANT TO SUBDIVISION FIVE OF THIS
   18  SECTION, KNOWN AND PROJECTED DEPARTMENT STATE FUNDS  MEDICAL  ASSISTANCE
   19  EXPENDITURES  BY  CATEGORY  OF  SERVICE  AND  BY  GEOGRAPHIC REGIONS, AS
   20  DEFINED BY THE COMMISSIONER, AND IF THE DIRECTOR OF  THE  BUDGET  DETER-
   21  MINES  THAT  SUCH  EXPENDITURES ARE EXPECTED TO CAUSE MEDICAL ASSISTANCE
   22  DISBURSEMENTS FOR SUCH PERIOD TO EXCEED THE PROJECTED DEPARTMENT MEDICAL
   23  ASSISTANCE STATE FUNDS DISBURSEMENTS IN  THE  ENACTED  BUDGET  FINANCIAL
   24  PLAN  PURSUANT TO SUBDIVISION THREE OF SECTION TWENTY-THREE OF THE STATE
   25  FINANCE LAW, THE COMMISSIONER, IN CONSULTATION WITH THE DIRECTOR OF  THE
   26  BUDGET,  SHALL  DEVELOP  A MEDICAL ASSISTANCE SAVINGS ALLOCATION PLAN TO
   27  LIMIT SUCH SPENDING TO  THE  AGGREGATE  LIMIT  LEVEL  SPECIFIED  IN  THE
   28  ENACTED  BUDGET  FINANCIAL PLAN, PROVIDED, HOWEVER, SUCH PROJECTIONS MAY
   29  BE ADJUSTED BY THE DIRECTOR OF THE BUDGET TO ACCOUNT FOR ANY CHANGES  IN
   30  THE  NEW  YORK STATE FEDERAL MEDICAL ASSISTANCE PERCENTAGE AMOUNT ESTAB-
   31  LISHED PURSUANT TO THE FEDERAL SOCIAL SECURITY ACT, CHANGES IN  PROVIDER
   32  REVENUES,  REDUCTIONS  TO LOCAL SOCIAL SERVICES DISTRICT MEDICAL ASSIST-
   33  ANCE ADMINISTRATION, AND BEGINNING APRIL FIRST, TWO THOUSAND TWELVE, THE
   34  OPERATIONAL COSTS OF THE NEW YORK  STATE  MEDICAL  INDEMNITY  FUND,  AND
   35  STATE  COSTS OR SAVINGS FROM THE BASIC HEALTH PLAN. SUCH PROJECTIONS MAY
   36  BE ADJUSTED BY THE DIRECTOR OF THE BUDGET TO ACCOUNT  FOR  INCREASED  OR
   37  EXPEDITED  DEPARTMENT  OF HEALTH STATE FUNDS MEDICAL ASSISTANCE EXPENDI-
   38  TURES AS A RESULT OF A NATURAL OR OTHER TYPE OF  DISASTER,  INCLUDING  A
   39  GOVERNMENTAL  DECLARATION  OF EMERGENCY. SUCH MEDICAL ASSISTANCE SAVINGS
   40  ALLOCATION PLAN SHALL BE DESIGNED TO REDUCE THE DEPARTMENT  STATE  FUNDS
   41  MEDICAL ASSISTANCE DISBURSEMENTS AUTHORIZED BY APPROPRIATIONS IN COMPLI-
   42  ANCE WITH THE FOLLOWING GUIDELINES:
   43    (A)  REDUCTIONS  SHALL  BE  MADE IN COMPLIANCE WITH APPLICABLE FEDERAL
   44  LAW, INCLUDING THE PROVISIONS OF THE PATIENT PROTECTION  AND  AFFORDABLE
   45  CARE  ACT  (P.L.  111-148),  AS AMENDED BY THE HEALTH CARE AND EDUCATION
   46  RECONCILIATION ACT OF 2010 (P.L. 111-152) (COLLECTIVELY "AFFORDABLE CARE
   47  ACT") AND ANY SUBSEQUENT AMENDMENTS THERETO OR  REGULATIONS  PROMULGATED
   48  THEREUNDER;
   49    (B)  REDUCTIONS SHALL BE MADE IN A MANNER THAT COMPLIES WITH THE STATE
   50  MEDICAL ASSISTANCE PLAN APPROVED BY THE FEDERAL CENTERS FOR MEDICARE AND
   51  MEDICAID SERVICES, PROVIDED, HOWEVER, THAT THE COMMISSIONER  IS  AUTHOR-
   52  IZED  TO SUBMIT ANY STATE PLAN AMENDMENT OR SEEK OTHER FEDERAL APPROVAL,
   53  INCLUDING WAIVER AUTHORITY, TO IMPLEMENT THE PROVISIONS OF  THE  MEDICAL
   54  ASSISTANCE  SAVINGS  ALLOCATION  PLAN  THAT MEETS THE OTHER CRITERIA SET
   55  FORTH HEREIN;
       S. 2007                             9                            A. 3007
    1    (C) REDUCTIONS SHALL BE MADE IN A MANNER THAT MAXIMIZES FEDERAL FINAN-
    2  CIAL PARTICIPATION, TO THE EXTENT  PRACTICABLE,  INCLUDING  ANY  FEDERAL
    3  FINANCIAL  PARTICIPATION  THAT IS AVAILABLE OR IS REASONABLY EXPECTED TO
    4  BECOME AVAILABLE, IN THE  DISCRETION  OF  THE  COMMISSIONER,  UNDER  THE
    5  AFFORDABLE CARE ACT;
    6    (D)  REDUCTIONS  SHALL  BE MADE UNIFORMLY AMONG CATEGORIES OF SERVICES
    7  AND GEOGRAPHIC REGIONS OF THE STATE,  TO  THE  EXTENT  PRACTICABLE,  AND
    8  SHALL  BE  MADE  UNIFORMLY  WITHIN  A CATEGORY OF SERVICE, TO THE EXTENT
    9  PRACTICABLE, EXCEPT WHERE THE COMMISSIONER  DETERMINES  THAT  THERE  ARE
   10  SUFFICIENT  GROUNDS  FOR  NON-UNIFORMITY, INCLUDING, BUT NOT LIMITED TO:
   11  (I) THE EXTENT TO WHICH SPECIFIC CATEGORIES OF SERVICES  CONTRIBUTED  TO
   12  DEPARTMENT  MEDICAL  ASSISTANCE  STATE  FUNDS  SPENDING IN EXCESS OF THE
   13  LIMITS SPECIFIED HEREIN; (II) THE NEED TO MAINTAIN SAFETY  NET  SERVICES
   14  IN  UNDERSERVED COMMUNITIES; OR (III) THE POTENTIAL BENEFITS OF PURSUING
   15  INNOVATIVE PAYMENT MODELS CONTEMPLATED BY THE AFFORDABLE  CARE  ACT,  IN
   16  WHICH  CASE  SUCH  GROUNDS  SHALL BE SET FORTH IN THE MEDICAL ASSISTANCE
   17  SAVINGS ALLOCATION PLAN;
   18    (E) REDUCTIONS SHALL BE MADE IN A MANNER THAT DOES  NOT  UNNECESSARILY
   19  CREATE  ADMINISTRATIVE  BURDENS  FOR  MEDICAL  ASSISTANCE APPLICANTS AND
   20  RECIPIENTS OR FOR PROVIDERS;
   21    (F) THE COMMISSIONER SHALL SEEK THE INPUT OF THE LEGISLATURE, AS  WELL
   22  AS  INPUT FROM ORGANIZATIONS REPRESENTING HEALTH CARE PROVIDERS, CONSUM-
   23  ERS, BUSINESSES, WORKERS, HEALTH  INSURERS,  AND  OTHERS  WITH  RELEVANT
   24  EXPERTISE, IN DEVELOPING SUCH MEDICAL ASSISTANCE SAVINGS ALLOCATION PLAN
   25  TO  THE EXTENT THAT ALL OR PART OF SUCH PLAN IS LIKELY, AS DETERMINED BY
   26  THE COMMISSIONER, TO HAVE A  MATERIAL  IMPACT  ON  THE  OVERALL  MEDICAL
   27  ASSISTANCE  PROGRAM,  OR  ON  PARTICULAR  CATEGORIES  OF  SERVICE, OR ON
   28  PARTICULAR GEOGRAPHIC REGIONS OF THE STATE;
   29    (G)(I) THE COMMISSIONER SHALL  POST  THE  MEDICAL  ASSISTANCE  SAVINGS
   30  ALLOCATION  PLAN  ON  THE DEPARTMENT'S WEBSITE AND SHALL PROVIDE WRITTEN
   31  COPIES OF SUCH PLAN TO THE CHAIRS OF THE SENATE FINANCE AND THE ASSEMBLY
   32  WAYS AND MEANS COMMITTEES AT LEAST THIRTY DAYS BEFORE THE DATE ON  WHICH
   33  IMPLEMENTATION IS EXPECTED TO BEGIN;
   34    (II)  THE COMMISSIONER MAY REVISE THE MEDICAL ASSISTANCE SAVINGS ALLO-
   35  CATION PLAN SUBSEQUENT TO THE PROVISION OF NOTICE AND PRIOR TO IMPLEMEN-
   36  TATION BUT IS REQUIRED TO PROVIDE A NEW NOTICE PURSUANT TO  SUBPARAGRAPH
   37  (I) OF THIS PARAGRAPH ONLY IF THE COMMISSIONER DETERMINES, IN HIS OR HER
   38  DISCRETION, THAT SUCH REVISIONS MATERIALLY ALTER THE PLAN;
   39    (H)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPHS (F) AND (G) OF THIS
   40  SUBDIVISION, THE COMMISSIONER NEED NOT SEEK THE INPUT DESCRIBED IN PARA-
   41  GRAPH (F) OF THIS SUBDIVISION OR PROVIDE NOTICE  PURSUANT  TO  PARAGRAPH
   42  (G) OF THIS SUBDIVISION IF, IN THE DISCRETION OF THE COMMISSIONER, EXPE-
   43  DITED  DEVELOPMENT  AND  IMPLEMENTATION  OF A MEDICAL ASSISTANCE SAVINGS
   44  ALLOCATION PLAN IS NECESSARY DUE  TO  A  PUBLIC  HEALTH  EMERGENCY;  FOR
   45  PURPOSES OF THIS SECTION, A PUBLIC HEALTH EMERGENCY IS DEFINED AS:
   46    (I) A DISASTER, NATURAL OR OTHERWISE, THAT SIGNIFICANTLY INCREASES THE
   47  IMMEDIATE NEED FOR HEALTH CARE PERSONNEL IN AN AREA OF THE STATE;
   48    (II)  AN EVENT OR CONDITION THAT CREATES A WIDESPREAD RISK OF EXPOSURE
   49  TO A SERIOUS COMMUNICABLE DISEASE, OR THE POTENTIAL FOR SUCH  WIDESPREAD
   50  RISK OF EXPOSURE; OR
   51    (III)  ANY  OTHER EVENT OR CONDITION DETERMINED BY THE COMMISSIONER TO
   52  CONSTITUTE AN IMMINENT THREAT TO PUBLIC HEALTH; AND
   53    (I) NOTHING IN THIS SECTION SHALL BE DEEMED TO PREVENT ALL OR PART  OF
   54  SUCH  MEDICAL  SAVINGS ALLOCATION PLAN FROM TAKING EFFECT RETROACTIVELY,
   55  TO THE EXTENT PERMITTED BY THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID
   56  SERVICES.
       S. 2007                            10                            A. 3007
    1    3. POWERS OF THE COMMISSIONER TO ENACT SAVINGS ALLOCATION  PLAN.    IN
    2  ACCORDANCE  WITH  THE  MEDICAL  ASSISTANCE  SAVINGS ALLOCATION PLAN, THE
    3  COMMISSIONER SHALL REDUCE  DEPARTMENT  STATE  FUNDS  MEDICAL  ASSISTANCE
    4  DISBURSEMENTS  BY  THE  AMOUNT  OF  THE  PROJECTED OVERSPENDING THROUGH,
    5  ACTIONS INCLUDING, BUT NOT LIMITED TO MODIFYING OR SUSPENDING REIMBURSE-
    6  MENT  METHODS, INCLUDING BUT NOT LIMITED TO ALL FEES, PREMIUM LEVELS AND
    7  RATES OF PAYMENT, NOTWITHSTANDING ANY  PROVISION  OF  LAW  THAT  SETS  A
    8  SPECIFIC  AMOUNT  OR  METHODOLOGY  FOR  ANY  SUCH  PAYMENTS  OR RATES OF
    9  PAYMENT; MODIFYING MEDICAL  ASSISTANCE  PROGRAM  BENEFITS;  SEEKING  ALL
   10  NECESSARY  FEDERAL  APPROVALS,  INCLUDING,  BUT  NOT LIMITED TO WAIVERS,
   11  WAIVER AMENDMENTS; AND SUSPENDING TIME FRAMES FOR  NOTICE,  APPROVAL  OR
   12  CERTIFICATION  OF  RATE  REQUIREMENTS,  NOTWITHSTANDING ANY PROVISION OF
   13  LAW, RULE OR REGULATION TO THE CONTRARY, INCLUDING, BUT NOT LIMITED  TO,
   14  SECTIONS  TWENTY-EIGHT  HUNDRED SEVEN AND THIRTY-SIX HUNDRED FOURTEEN OF
   15  THE PUBLIC HEALTH LAW, SECTION EIGHTEEN OF CHAPTER TWO OF  THE  LAWS  OF
   16  NINETEEN  HUNDRED EIGHTY-EIGHT, AND SECTION 505.14(H) OF TITLE 18 OF THE
   17  OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW
   18  YORK.
   19    4. CAP DIVIDEND. NOTWITHSTANDING ANY CONTRARY  PROVISION  OF  LAW  AND
   20  SUBJECT  TO  THE  AVAILABILITY  OF  FEDERAL FINANCIAL PARTICIPATION, FOR
   21  STATE FISCAL YEARS BEGINNING ON AND  AFTER  APRIL  FIRST,  TWO  THOUSAND
   22  FOURTEEN,  THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE DIRECTOR
   23  OF THE BUDGET, SHALL, PRIOR TO JANUARY FIRST OF EACH YEAR, DETERMINE THE
   24  EXTENT OF SAVINGS THAT HAVE BEEN ACHIEVED AS A RESULT OF THE APPLICATION
   25  OF THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION, AND SHALL
   26  FURTHER DETERMINE THE AVAILABILITY  OF  SUCH  SAVINGS  FOR  DISTRIBUTION
   27  DURING  THE  LAST QUARTER OF SUCH STATE FISCAL YEAR. IN DETERMINING SUCH
   28  SAVINGS THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE DIRECTOR OF
   29  THE BUDGET, MAY EXEMPT THE  MEDICAL  ASSISTANCE  ADMINISTRATION  PROGRAM
   30  FROM  DISTRIBUTIONS  UNDER  THIS SECTION. THE COMMISSIONER OF HEALTH, IN
   31  CONSULTATION WITH THE DIRECTOR OF THE BUDGET, MAY DISTRIBUTE FUNDS UP TO
   32  AN AMOUNT EQUAL TO SUCH AVAILABLE SAVINGS IN ACCORDANCE  WITH  AN  ALLO-
   33  CATION  PLAN  THAT  UTILIZES  A  METHODOLOGY THAT DISTRIBUTES SUCH FUNDS
   34  PROPORTIONATELY AMONG PROVIDERS AND PLANS IN NEW YORK'S MEDICAL  ASSIST-
   35  ANCE  PROGRAM.  IN  DEVELOPING  SUCH ALLOCATION PLAN THE COMMISSIONER OF
   36  HEALTH SHALL SEEK THE INPUT OF THE LEGISLATURE, AS WELL AS ORGANIZATIONS
   37  REPRESENTING HEALTH  CARE  PROVIDERS,  CONSUMERS,  BUSINESSES,  WORKERS,
   38  HEALTH CARE INSURERS AND OTHERS WITH RELEVANT EXPERTISE. SUCH ALLOCATION
   39  PLAN   SHALL   UTILIZE  THREE  YEARS  OF  THE  MOST  RECENTLY  AVAILABLE
   40  SYSTEM-WIDE EXPENDITURE DATA  REFLECTING  BOTH  MMIS  AND  MANAGED  CARE
   41  ENCOUNTERS.    DISTRIBUTIONS TO MANAGED CARE PLANS SHALL BE BASED ON THE
   42  ADMINISTRATIVE  OUTLAYS  STEMMING  FROM  PARTICIPATION  IN  THE  MEDICAL
   43  ASSISTANCE PROGRAM. THE COMMISSIONER OF HEALTH MAY IMPOSE MINIMUM THRES-
   44  HOLD  AMOUNTS  IN  DETERMINING  PROVIDER  ELIGIBILITY  FOR DISTRIBUTIONS
   45  PURSUANT TO THIS SECTION. NO LESS  THAN  FIFTY  PERCENT  OF  THE  AMOUNT
   46  AVAILABLE  FOR  DISTRIBUTION  SHALL BE MADE AVAILABLE FOR THE PURPOSE OF
   47  ASSISTING ELIGIBLE PROVIDERS UTILIZING THE METHODOLOGY  OUTLINED  ABOVE.
   48  THE  REMAINDER  OF  THE  DISTRIBUTIONS PURSUANT TO THIS SECTION SHALL BE
   49  MADE AVAILABLE FOR THE PURPOSES OF ENSURING A MINIMUM LEVEL  OF  ASSIST-
   50  ANCE  TO FINANCIALLY DISTRESSED AND CRITICALLY NEEDED PROVIDERS AS IDEN-
   51  TIFIED BY THE COMMISSIONER. THE COMMISSIONER OF HEALTH  SHALL  POST  THE
   52  MEDICAL ASSISTANCE SAVINGS ALLOCATION PLAN ON THE DEPARTMENT OF HEALTH'S
   53  WEBSITE  AND  SHALL PROVIDE WRITTEN COPIES OF SUCH PLAN TO THE CHAIRS OF
   54  THE SENATE FINANCE AND THE ASSEMBLY WAYS AND MEANS COMMITTEES  AT  LEAST
   55  THIRTY  DAYS  BEFORE  THE  DATE  ON  WHICH IMPLEMENTATION IS EXPECTED TO
   56  BEGIN. THE COMMISSIONER OF HEALTH IS AUTHORIZED  TO  SEEK  SUCH  FEDERAL
       S. 2007                            11                            A. 3007
    1  APPROVALS  AS  MAY  BE  REQUIRED  TO  EFFECTUATE  THE PROVISIONS OF THIS
    2  SECTION, INCLUDING, BUT NOT  LIMITED  TO,  TO  PERMIT  PAYMENT  OF  SUCH
    3  DISTRIBUTIONS  AS LUMPS SUMS AND TO SECURE WAIVERS FROM OTHERWISE APPLI-
    4  CABLE  FEDERAL  UPPER  PAYMENT  LIMIT RESTRICTIONS ON SUCH PAYMENTS. THE
    5  PROVISIONS OF THIS SECTION ARE SUBJECT TO THE REPORTING REQUIREMENTS SET
    6  FORTH IN SUBDIVISION SEVEN OF THIS SECTION.
    7    5. MONTHLY REPORTS. THE COMMISSIONER, IN CONSULTATION WITH THE  DIREC-
    8  TOR OF THE BUDGET, SHALL PREPARE A MONTHLY REPORT THAT SETS FORTH:
    9    (A)  KNOWN AND PROJECTED DEPARTMENT MEDICAL ASSISTANCE EXPENDITURES AS
   10  DESCRIBED IN SUBDIVISION ONE OF THIS SECTION,  AND  FACTORS  THAT  COULD
   11  RESULT IN MEDICAL ASSISTANCE DISBURSEMENTS FOR THE RELEVANT STATE FISCAL
   12  YEAR TO EXCEED THE PROJECTED DEPARTMENT STATE FUNDS DISBURSEMENTS IN THE
   13  ENACTED  BUDGET  FINANCIAL PLAN PURSUANT TO SUBDIVISION THREE OF SECTION
   14  TWENTY-THREE OF THE STATE FINANCE LAW, INCLUDING SPENDING  INCREASES  OR
   15  DECREASES  DUE  TO  ENROLLMENT  FLUCTUATIONS,  RATE CHANGES, UTILIZATION
   16  CHANGES, MEDICAL ASSISTANCE REDESIGN TEAM (MRT) INVESTMENTS, A SHIFT  OF
   17  BENEFICIARIES  TO MANAGED CARE AND VARIATIONS IN OFFLINE MEDICAL ASSIST-
   18  ANCE PAYMENTS;
   19    (B) THE ACTIONS TAKEN TO  IMPLEMENT  ANY  MEDICAL  ASSISTANCE  SAVINGS
   20  ALLOCATION  PLAN  IMPLEMENTED  PURSUANT  TO  SUBDIVISION  FOUR  OF  THIS
   21  SECTION, INCLUDING INFORMATION CONCERNING THE IMPACT OF SUCH ACTIONS  ON
   22  EACH CATEGORY OF SERVICE AND EACH GEOGRAPHIC REGION OF THE STATE;
   23    (C) AS APPLICABLE; THE PRICE, INCLUDING, THE BASE RATE PLUS ANY UPCOM-
   24  ING RATE ADJUSTMENT; UTILIZATION, INCLUDING CURRENT ENROLLMENT, PROJECT-
   25  ED  ENROLLMENT  CHANGES  AND  ACUITY;  MEDICAL  ASSISTANCE REDESIGN TEAM
   26  INITIATIVES; ONE-TIME INITIATIVES AND OTHER INITIATIVES  DESCRIBING  THE
   27  PROPOSED  BUDGET  ACTION  IMPACT;  AND  ANY  PRIOR  YEAR INITIATIVE WITH
   28  CURRENT AND FUTURE YEAR IMPACTS FOR THE FOLLOWING CATEGORIES:
   29    (I) INPATIENT;
   30    (II) OUTPATIENT;
   31    (III) EMERGENCY ROOM;
   32    (IV) CLINIC;
   33    (V) NURSING HOMES;
   34    (VI) OTHER LONG TERM CARE;
   35    (VII) MEDICAID MANAGED CARE;
   36    (VIII) FAMILY HEALTH PLUS;
   37    (IX) PHARMACY;
   38    (X) TRANSPORTATION;
   39    (XI) DENTAL;
   40    (XII) NON-INSTITUTIONAL AND OTHER CATEGORIES;
   41    (XIII) AFFORDABLE HOUSING;
   42    (XIV) VITAL ACCESS PROVIDER SERVICES;
   43    (XV) BEHAVIORAL HEALTH VITAL ACCESS PROVIDER SERVICES;
   44    (XVI) FINGER LAKES HEALTH SERVICES AGENCY;
   45    (XVII) AUDIT RECOVERIES AND SETTLEMENTS;
   46    (D) INFORMATION AND DISBURSEMENTS OF GRANTS  TO  PROVIDERS,  INCLUDING
   47  BUT NOT LIMITED TO:
   48    (I) DEMOGRAPHIC INFORMATION OF TARGETED RECIPIENTS;
   49    (II) NUMBER OF RECIPIENTS;
   50    (III) AWARD AMOUNTS AND TIMING OF AWARDS; AND
   51    (E) ANY PROJECTED MEDICAL ASSISTANCE SAVINGS DETERMINED BY THE COMMIS-
   52  SIONER  PURSUANT  TO  SUBDIVISION  SIX  OF THIS SECTION AND THE PROPOSED
   53  ALLOCATION PLAN WITH REGARD TO SUCH SAVINGS.
   54    (F) THE MONTHLY REPORTS REQUIRED BY THIS SUBDIVISION SHALL BE PROVIDED
   55  TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE  SPEAKER  OF
   56  THE  ASSEMBLY,  THE  CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF
       S. 2007                            12                            A. 3007
    1  THE ASSEMBLY WAYS AND MEANS COMMITTEE, AND THE CHAIRS OF THE SENATE  AND
    2  ASSEMBLY  HEALTH COMMITTEES. SUCH REPORTS AND RELATED DOCUMENTS PROVIDED
    3  TO THE LEGISLATURE SHALL ALSO BE POSTED ON THE WEBSITE AS MAINTAINED  BY
    4  THE DEPARTMENT.
    5    6.  EXECUTIVE  BUDGET  SUMMARY. THE COMMISSIONER, IN CONSULTATION WITH
    6  THE DIRECTOR OF THE BUDGET SHALL, UPON SUBMISSION OF THE EXECUTIVE BUDG-
    7  ET TO THE LEGISLATURE, PROVIDE TO THE LEGISLATURE A DETAILED  ACCOUNTING
    8  OF:
    9    (A) THE STATE MEDICAL ASSISTANCE STATE FUNDS EXPENDITURES ON THE CLOSE
   10  OUT OF THE PRIOR YEAR;
   11    (B) A CURRENT YEAR RE-ESTIMATE;
   12    (C) THE PROSPECTIVE TWO-YEAR ESTIMATE; AND
   13    (D) ANY OTHER INFORMATION DEEMED NECESSARY AND APPROPRIATE.
   14    7.  STAFF  AVAILABILITY  AND  TRAINING.  (A)  THE COMMISSIONER AND THE
   15  DIRECTOR OF THE BUDGET SHALL MAKE APPROPRIATE STAFF  AVAILABLE  TO  MEET
   16  WITH THE CHAIRS OF THE HEALTH COMMITTEES OF THE SENATE AND THE ASSEMBLY,
   17  OR  THEIR  DESIGNEES,  UPON THEIR REQUEST AND WITH REASONABLE NOTICE, TO
   18  REVIEW EACH MONTHLY REPORT, AS DESCRIBED IN  SUBDIVISION  FIVE  OF  THIS
   19  SECTION.
   20    (B)  THE  COMMISSIONER  SHALL  MAKE  TRAINING  AVAILABLE TO DESIGNATED
   21  LEGISLATIVE STAFF WITH REGARD TO THE SKILLS  AND  TECHNIQUES  NEEDED  TO
   22  EFFECTIVELY  ACCESS  AND  REVIEW  RELEVANT MEDICAL ASSISTANCE DATA BASES
   23  UNDER THE CONTROL OF THE DEPARTMENT, UPON THEIR REQUEST AND WITH REASON-
   24  ABLE NOTICE.
   25    S 9.  Section 280 of the public health law is REPEALED.
   26    S 10. Subdivision 2 of section 2807-d-1 of the public health  law,  as
   27  added  by  section  52-c of part H of chapter 59 of the laws of 2011, is
   28  amended to read as follows:
   29    2. The annual quality contribution amount  referenced  in  subdivision
   30  one of this section shall be thirty million dollars for the state fiscal
   31  year beginning April first, two thousand eleven, and for each subsequent
   32  state  fiscal  year  thereafter  it shall be the amount of the preceding
   33  year as increased by the ten year rolling average of the medical  compo-
   34  nent  of  the  consumer  price  index  as published by the United States
   35  department of labor, bureau of labor statistics, for the  preceding  ten
   36  years.   FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND FIFTEEN, AND
   37  FOR EACH STATE FISCAL YEAR, THE CONTRIBUTION DESCRIBED HEREIN  SHALL  BE
   38  REDUCED BY FIFTEEN MILLION DOLLARS.
   39    S 11. Section 2807 of the public health law is amended by adding a new
   40  subdivision 14 to read as follows:
   41    14.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AND SUBJECT
   42  TO FEDERAL FINANCIAL PARTICIPATION, THE COMMISSIONER  IS  AUTHORIZED  TO
   43  ESTABLISH,  PURSUANT TO REGULATIONS, A GENERAL HOSPITAL QUALITY POOL FOR
   44  THE PURPOSE OF INCENTIVIZING AND FACILITATING  QUALITY  IMPROVEMENTS  IN
   45  GENERAL HOSPITALS. AWARDS FROM SUCH POOL SHALL BE SUBJECT TO APPROVAL BY
   46  THE  DIRECTOR  OF BUDGET. IF FEDERAL FINANCIAL PARTICIPATION IS UNAVAIL-
   47  ABLE, THEN THE NON-FEDERAL SHARE OF AWARDS MADE PURSUANT TO THIS  SUBDI-
   48  VISION MAY BE MADE AS STATE GRANTS.
   49    S 12. Section 2807 of the public health law is amended by adding a new
   50  subdivision 22 to read as follows:
   51     22. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AND SUBJECT
   52  TO FEDERAL FINANCIAL PARTICIPATION, GENERAL HOSPITALS DESIGNATED AS SOLE
   53  COMMUNITY HOSPITALS IN ACCORDANCE WITH TITLE XVIII OF THE FEDERAL SOCIAL
   54  SECURITY  ACT  SHALL  BE ELIGIBLE FOR ENHANCED PAYMENTS OR REIMBURSEMENT
   55  FOR INPATIENT AND/OR OUTPATIENT SERVICES OF UP TO TWELVE MILLION DOLLARS
   56  UNDER A SUPPLEMENTAL OR REVISED RATE  METHODOLOGY,  ESTABLISHED  BY  THE
       S. 2007                            13                            A. 3007
    1  COMMISSIONER  IN  REGULATION,  FOR  THE  PURPOSE OF PROMOTING ACCESS AND
    2  IMPROVING THE QUALITY OF CARE. IF  FEDERAL  FINANCIAL  PARTICIPATION  IS
    3  UNAVAILABLE,  THEN  THE  NON-FEDERAL  SHARE OF SUCH PAYMENTS PURSUANT TO
    4  THIS SUBDIVISION MAY BE MADE AS STATE GRANTS.
    5    S  13.  Subdivision  (e)  of section 2826 of the public health law, as
    6  added by section 27 of part C of chapter 60 of  the  laws  of  2014,  is
    7  amended to read as follows:
    8    (e) Notwithstanding any law to the contrary, general hospitals defined
    9  as  critical  access  hospitals  pursuant  to title XVIII of the federal
   10  social security act shall be allocated no less than [five] SEVEN million
   11  FIVE HUNDRED THOUSAND dollars annually pursuant  to  this  section.  The
   12  department of health shall provide a report to the governor and legisla-
   13  ture  no  later  than  [December]  JUNE  first,  two thousand [fourteen]
   14  FIFTEEN providing recommendations on how to ensure the financial stabil-
   15  ity of, and preserve  patient  access  to,  critical  access  hospitals,
   16  INCLUDING AN EXAMINATION OF PERMANENT MEDICAID RATE METHODOLOGY CHANGES.
   17    S 14. Section 2826 of the public health law is amended by adding a new
   18  subdivision (f) to read as follows:
   19    (F)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AND SUBJECT
   20  TO FEDERAL FINANCIAL PARTICIPATION, NO LESS  THAN  TEN  MILLION  DOLLARS
   21  SHALL BE ALLOCATED TO PROVIDERS DESCRIBED IN THIS SUBDIVISION; PROVIDED,
   22  HOWEVER  THAT  IF FEDERAL FINANCIAL PARTICIPATION IS UNAVAILABLE FOR ANY
   23  ELIGIBLE PROVIDER, OR FOR ANY POTENTIAL INVESTMENT UNDER  THIS  SUBDIVI-
   24  SION THEN THE NON-FEDERAL SHARE OF PAYMENTS PURSUANT TO THIS SUBDIVISION
   25  MAY BE MADE AS STATE GRANTS.
   26    (I)  PROVIDERS  SERVING RURAL AREAS AS SUCH TERM IS DEFINED IN SECTION
   27  TWO THOUSAND NINE HUNDRED FIFTY-ONE OF THIS CHAPTER, INCLUDING  BUT  NOT
   28  LIMITED TO HOSPITALS, RESIDENTIAL HEALTH CARE FACILITIES, DIAGNOSTIC AND
   29  TREATMENT  CENTERS,  AMBULATORY  SURGERY  CENTERS  AND  CLINICS SHALL BE
   30  ELIGIBLE FOR ENHANCED PAYMENTS OR  REIMBURSEMENT  UNDER  A  SUPPLEMENTAL
   31  RATE  METHODOLOGY  FOR THE PURPOSE OF PROMOTING ACCESS AND IMPROVING THE
   32  QUALITY OF CARE.
   33    (II) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AND SUBJECT
   34  TO  FEDERAL  FINANCIAL  PARTICIPATION,  ESSENTIAL  COMMUNITY  PROVIDERS,
   35  WHICH,  FOR  THE  PURPOSES  OF  THIS SECTION, SHALL MEAN A PROVIDER THAT
   36  OFFERS HEALTH SERVICES WITHIN A DEFINED AND ISOLATED  GEOGRAPHIC  REGION
   37  WHERE  SUCH SERVICES WOULD OTHERWISE BE UNAVAILABLE TO THE POPULATION OF
   38  SUCH REGION, SHALL BE ELIGIBLE FOR ENHANCED  PAYMENTS  OR  REIMBURSEMENT
   39  UNDER  A  SUPPLEMENTAL  RATE  METHODOLOGY  FOR  THE PURPOSE OF PROMOTING
   40  ACCESS AND IMPROVING QUALITY OF  CARE.  ELIGIBLE  PROVIDERS  UNDER  THIS
   41  PARAGRAPH  MAY  INCLUDE,  BUT ARE NOT LIMITED TO, HOSPITALS, RESIDENTIAL
   42  HEALTH CARE FACILITIES, DIAGNOSTIC  AND  TREATMENT  CENTERS,  AMBULATORY
   43  SURGERY CENTERS AND CLINICS.
   44    (III)  IN  MAKING  SUCH  PAYMENTS THE COMMISSIONER MAY CONTEMPLATE THE
   45  EXTENT TO WHICH ANY SUCH PROVIDER RECEIVES ASSISTANCE UNDER  SUBDIVISION
   46  (A)  OF  THIS  SECTION AND MAY REQUIRE SUCH PROVIDER TO SUBMIT A WRITTEN
   47  PROPOSAL DEMONSTRATING THAT THE NEED FOR MONIES UNDER  THIS  SUBDIVISION
   48  EXCEEDS MONIES OTHERWISE DISTRIBUTED PURSUANT TO THIS SECTION.
   49    (IV)  PAYMENTS  UNDER THIS SUBDIVISION MAY INCLUDE, BUT NOT BE LIMITED
   50  TO, TEMPORARY RATE ADJUSTMENTS, LUMP SUM MEDICAID PAYMENTS, SUPPLEMENTAL
   51  RATE METHODOLOGIES AND ANY OTHER PAYMENTS AS DETERMINED BY  THE  COMMIS-
   52  SIONER.
   53    (V)  PAYMENTS  UNDER  THIS SUBDIVISION SHALL BE SUBJECT TO APPROVAL BY
   54  THE DIRECTOR OF THE BUDGET.
   55    (VI) THE COMMISSIONER MAY PROMULGATE  REGULATIONS  TO  EFFECTUATE  THE
   56  PROVISIONS OF THIS SUBDIVISION.
       S. 2007                            14                            A. 3007
    1    S 15. Intentionally omitted.
    2    S 16.  Section 12 of part A of chapter 1 of the laws of 2002, relating
    3  to the health care reform act of 2000, is amended to read as follows:
    4    S  12. Notwithstanding any inconsistent provision of law or regulation
    5  to the contrary, and subject to the availability  of  federal  financial
    6  participation  pursuant to title XIX of the federal social security act,
    7  effective for the period September 1, 2001 through March 31,  2002,  and
    8  state  fiscal  years thereafter, UNTIL MARCH 31, 2012, the department of
    9  health is authorized to pay a specialty hospital  adjustment  to  public
   10  general  hospitals,  as defined in subdivision 10 of section 2801 of the
   11  public health law, other than those operated by the state of New York or
   12  the state university of New York, receiving reimbursement for all  inpa-
   13  tient services under title XIX of the federal social security act pursu-
   14  ant  to  paragraph  (e) of subdivision 4 of section 2807-c of the public
   15  health law, and located in a city with a population of over  1  million,
   16  of up to four hundred sixty-three million dollars for the period Septem-
   17  ber  1,  2001 through March 31, 2002 and up to seven hundred ninety-four
   18  million dollars annually for state fiscal years  thereafter  as  medical
   19  assistance payments for inpatient services pursuant to title 11 of arti-
   20  cle  5  of  the  social  services  law for patients eligible for federal
   21  financial participation under title XIX of the federal  social  security
   22  act  based on each such hospital's proportionate share of the sum of all
   23  inpatient discharges for  all  facilities  eligible  for  an  adjustment
   24  pursuant  to  this section for the base year two years prior to the rate
   25  year. Such proportionate share payment may be added to rates of  payment
   26  or made as aggregate payments to eligible public general hospitals.
   27    S  17. Section 13 of part B of chapter 1 of the laws of 2002, relating
   28  to the health care reform act of 2000, is amended to read as follows:
   29    S 13. Notwithstanding any inconsistent provision of law or  regulation
   30  to  the  contrary,  and subject to the availability of federal financial
   31  participation pursuant to title XIX of the federal social security  act,
   32  effective for the period April 1, 2002 through March 31, 2003, and state
   33  fiscal  years  thereafter UNTIL MARCH 31, 2012, the department of health
   34  is authorized to pay a specialty hospital adjustment to  public  general
   35  hospitals,  as  defined  in subdivision 10 of section 2801 of the public
   36  health law, other than those operated by the state of New  York  or  the
   37  state  university of New York, receiving reimbursement for all inpatient
   38  services under title XIX of the federal social security act pursuant  to
   39  paragraph  (e)  of  subdivision 4 of section 2807-c of the public health
   40  law, and located in a city with a population of over one million, of  up
   41  to two hundred eighty-six million dollars as medical assistance payments
   42  for  inpatient  services pursuant to title 11 of article 5 of the social
   43  services law for patients eligible for federal  financial  participation
   44  under  title  XIX  of the federal social security act based on each such
   45  hospital's proportionate share of the sum of  all  inpatient  discharges
   46  for  all  facilities eligible for an adjustment pursuant to this section
   47  for the base year two years prior to the rate year.  Such  proportionate
   48  share  payment  may  be  added  to rates of payment or made as aggregate
   49  payments to eligible hospitals.
   50    S 18. Notwithstanding any inconsistent provision of law or  regulation
   51  to  the  contrary,  and subject to the availability of federal financial
   52  participation pursuant to title XIX of the federal social security  act,
   53  effective  for  the  period  April  1, 2012, through March 31, 2013, and
   54  state fiscal years thereafter, the department of health is authorized to
   55  pay a public hospital adjustment to public general hospitals, as defined
   56  in subdivision 10 of section 2801 of the public health law,  other  than
       S. 2007                            15                            A. 3007
    1  those  operated  by the state of New York or the state university of New
    2  York, and located in a city with a population of over 1 million,  of  up
    3  to  one  billion  eighty  million dollars annually as medical assistance
    4  payments for inpatient services pursuant to title 11 of article 5 of the
    5  social  services law for patients eligible for federal financial partic-
    6  ipation under title XIX of the federal social security act based on such
    7  criteria and methodologies as the commissioner may from time to time set
    8  through a memorandum of understanding with the New York city health  and
    9  hospitals  corporation,  and  such adjustments shall be paid by means of
   10  one or more estimated payments,  with  such  estimated  payments  to  be
   11  reconciled  to  the  commissioner  of health's final adjustment determi-
   12  nations after the disproportionate  share  hospital  payment  adjustment
   13  caps have been calculated for such period under sections 1923(f) and (g)
   14  of the federal social security act. Such adjustment payment may be added
   15  to  rates  of  payment  or made as aggregate payments to eligible public
   16  general hospitals.
   17    S 19.  Section 14 of part A of chapter 1 of the laws of 2002, relating
   18  to the health care reform act of 2000, is amended to read as follows:
   19    S 14. Notwithstanding any inconsistent provision of law, rule or regu-
   20  lation to the contrary, and  subject  to  the  availability  of  federal
   21  financial  participation  pursuant  to  title  XIX of the federal social
   22  security act, effective for the period January 1, 2002 through March 31,
   23  2002, and state fiscal  years  thereafter  UNTIL  MARCH  31,  2011,  the
   24  department of health is authorized to increase the operating cost compo-
   25  nent  of  rates  of payment for general hospital outpatient services and
   26  general hospital emergency room services issued  pursuant  to  paragraph
   27  (g) of subdivision 2 of section 2807 of the public health law for public
   28  general  hospitals,  as defined in subdivision 10 of section 2801 of the
   29  public health law, other than those operated by the state of New York or
   30  the state university of New York, and located in a  city  with  a  popu-
   31  lation  of  over  one  million, which experienced free patient visits in
   32  excess of twenty percent of their total self-pay and free patient visits
   33  based on data reported on exhibit 33 of their  1999  institutional  cost
   34  report  and  which  experienced uninsured outpatient losses in excess of
   35  seventy-five percent of their total inpatient and  outpatient  uninsured
   36  losses  based on data reported on exhibit 47 of their 1999 institutional
   37  cost report, of up to thirty-four million dollars for the period January
   38  1, 2002 through March 31, 2002 and up to one hundred thirty-six  million
   39  dollars annually for state fiscal years thereafter as medical assistance
   40  payments  for  outpatient  services pursuant to title 11 of article 5 of
   41  the social services law for  patients  eligible  for  federal  financial
   42  participation  under  title XIX of the federal social security act based
   43  on each such hospital's proportionate share of the sum of all outpatient
   44  visits for all facilities eligible for an adjustment  pursuant  to  this
   45  section for the base year two years prior to the rate year. Such propor-
   46  tionate share payment may be added to rates of payment or made as aggre-
   47  gate payments to eligible public general hospitals.
   48    S  20. Section 14 of part B of chapter 1 of the laws of 2002, relating
   49  to the health care reform act of 2000, is amended to read as follows:
   50    S 14. Notwithstanding any inconsistent provision of law or  regulation
   51  to  the  contrary,  and subject to the availability of federal financial
   52  participation pursuant to title XIX of the federal social security  act,
   53  effective  for  the  period  January 1, 2002 through March 31, 2002, and
   54  state fiscal years thereafter UNTIL MARCH 31, 2011,  the  department  of
   55  health  is  authorized to increase the operating cost component of rates
   56  of payment for general hospital outpatient services and general hospital
       S. 2007                            16                            A. 3007
    1  emergency room services issued pursuant to paragraph (g) of  subdivision
    2  2 of section 2807 of the public health law for public general hospitals,
    3  as  defined  in subdivision 10 of section 2801 of the public health law,
    4  other  than those operated by the state of New York or the state univer-
    5  sity of New York, and located in a city with a population  of  over  one
    6  million,  which  experienced  free  patient  visits  in excess of twenty
    7  percent of their total self-pay and free patient visits  based  on  data
    8  reported on exhibit 33 of their 1999 institutional cost report and which
    9  experienced  uninsured  outpatient  losses  in  excess  of  seventy-five
   10  percent of their total inpatient and outpatient uninsured  losses  based
   11  on  data reported on exhibit 47 of their 1999 institutional cost report,
   12  of up to thirty-seven million dollars for the  period  January  1,  2002
   13  through March 31, 2002 and one hundred fifty-one million dollars annual-
   14  ly  for state fiscal years thereafter as medical assistance payments for
   15  outpatient services pursuant to title 11 of  article  5  of  the  social
   16  services  law  for patients eligible for federal financial participation
   17  under title XIX of the federal social security act based  on  each  such
   18  hospital's  proportionate  share of the sum of all outpatient visits for
   19  all facilities eligible for an adjustment pursuant to this  section  for
   20  the base year two years prior to the rate year. Such proportionate share
   21  payment  may  be added to rates of payment or made as aggregate payments
   22  to eligible public general hospitals.
   23    S 21. Notwithstanding any inconsistent provision of law, rule or regu-
   24  lation to the contrary, and  subject  to  the  availability  of  federal
   25  financial  participation  pursuant  to  title  XIX of the federal social
   26  security act, effective for the period April 1, 2011 through  March  31,
   27  2012,  and  state  fiscal  years thereafter, the department of health is
   28  authorized to increase the operating cost component of rates of  payment
   29  for  general hospital outpatient services and general hospital emergency
   30  room services issued pursuant to  paragraph  (g)  of  subdivision  2  of
   31  section  2807  of the public health law for public general hospitals, as
   32  defined in subdivision 10 of section 2801  of  the  public  health  law,
   33  other  than those operated by the state of New York or the state univer-
   34  sity of New York, and located in a  city  with  a  population  over  one
   35  million,  up  to  two  hundred  eighty-seven million dollars annually as
   36  medical assistance payments for outpatient services pursuant to title 11
   37  of article 5 of the social services law for patients eligible for feder-
   38  al financial participation under title XIX of the federal social securi-
   39  ty act based on such criteria and methodologies as the commissioner  may
   40  from time to time set through a memorandum of understanding with the New
   41  York  city  health and hospitals corporation, and such adjustments shall
   42  be paid by means of one or more estimated payments, with such  estimated
   43  payments  to be reconciled to the commissioner of health's final adjust-
   44  ment determinations after the disproportionate  share  hospital  payment
   45  adjustment  caps  have  been  calculated  for such period under sections
   46  1923(f) and (g) of the federal  social  security  act.  Such  adjustment
   47  payment  may  be added to rates of payment or made as aggregate payments
   48  to eligible public general hospitals.
   49    S 22. Section 16 of part A of chapter 1 of the laws of 2002,  relating
   50  to the health care reform act of 2000, is amended to read as follows:
   51    S  16. Any amounts provided pursuant to sections eleven, twelve, thir-
   52  teen and fourteen of this act shall be effective for purposes of  deter-
   53  mining  payments  for  public general hospitals contingent on receipt of
   54  all approvals required by federal law or regulations for federal  finan-
   55  cial participation in payments made pursuant to title XIX of the federal
   56  social  security  act. If federal approvals are not granted for payments
       S. 2007                            17                            A. 3007
    1  based on such amounts or components thereof, payments to public  general
    2  hospitals  shall  be determined without consideration of such amounts or
    3  such components. Public general hospitals shall refund to the state,  or
    4  the   state  may  recoup  from  prospective  payments,  any  overpayment
    5  received, including those  based  on  a  retroactive  reduction  in  the
    6  payments.  Any  reduction in federal financial participation pursuant to
    7  title XIX of the federal social security act related  to  federal  upper
    8  payment  limits  APPLICABLE TO PUBLIC GENERAL HOSPITALS OTHER THAN THOSE
    9  OPERATED BY THE STATE UNIVERSITY OF NEW YORK shall be  deemed  to  apply
   10  first  to amounts provided pursuant to sections eleven, twelve, thirteen
   11  and fourteen of this act AND SECTIONS SIXTEEN AND NINETEEN OF A  CHAPTER
   12  OF THE LAWS OF TWO THOUSAND FIFTEEN.
   13    S 23.  Section 20 of part B of chapter 1 of the laws of 2002, relating
   14  to the health care reform act of 2000, is amended to read as follows:
   15    S  20. Any amounts provided pursuant to sections thirteen and fourteen
   16  of this act shall be effective for purposes of determining payments  for
   17  public general hospitals contingent on receipt of all approvals required
   18  by  federal  law  or  regulations for federal financial participation in
   19  payments made pursuant to title XIX of the federal social security  act.
   20  If  federal approvals are not granted for payments based on such amounts
   21  or components thereof, payments to public  general  hospitals  shall  be
   22  determined  without  consideration  of  such amounts or such components.
   23  Public general hospitals shall refund to the state,  or  the  state  may
   24  recoup  from  prospective  payments, any overpayment received, including
   25  those based on a retroactive reduction in the payments. Any reduction in
   26  federal financial participation pursuant to title  XIX  of  the  federal
   27  social  security  act related to federal upper payment limits APPLICABLE
   28  TO PUBLIC GENERAL HOSPITALS OTHER THAN THOSE OPERATED BY  THE  STATE  OF
   29  NEW  YORK  OR  THE STATE UNIVERSITY OF NEW YORK shall be deemed to apply
   30  first to amounts provided pursuant to sections thirteen and fourteen  of
   31  this  act  AND SECTIONS SIXTEEN AND NINETEEN OF A CHAPTER OF THE LAWS OF
   32  TWO THOUSAND FIFTEEN.
   33    S 24.   Subdivisions 7, 7-a and 7-b of  section  2807  of  the  public
   34  health law, subdivision 7 as amended by section 195 of part A of chapter
   35  389  of  the  laws of 1997, subdivision 7-a as amended by chapter 938 of
   36  the laws of 1990, subdivision 7-b as added by chapter 731 of the laws of
   37  1993, paragraph (b) of subdivision 7-b as amended by chapter 175 of  the
   38  laws of 1997, are amended to read as follows:
   39    7. Reimbursement rate promulgation. The commissioner shall notify each
   40  [hospital]  RESIDENTIAL  HEALTH CARE FACILITY and health-related service
   41  of its approved rates of payment which shall be used in reimbursing  for
   42  services provided to persons eligible for payments made by state govern-
   43  mental  agencies at least sixty days prior to the beginning of an estab-
   44  lished rate period for which the rate is to become effective.  Notifica-
   45  tion  shall  be  made only after approval of rate schedules by the state
   46  director of the budget. The [sixty and thirty  day]  notice  provisions,
   47  herein,  shall not apply to rates issued following judicial annulment or
   48  invalidation of any previously issued rates, or rates issued pursuant to
   49  changes in the methodology used  to  compute  rates  which  changes  are
   50  promulgated  following  the judicial annulment or invalidation of previ-
   51  ously issued rates.  Notwithstanding any provision of law to the contra-
   52  ry, nothing in this subdivision shall  prohibit  the  recalculation  and
   53  payment  of  rates,  including  both  positive and negative adjustments,
   54  based on a reconciliation of amounts paid  by  residential  health  care
   55  facilities  beginning  April  first,  nineteen  hundred ninety-seven for
   56  additional assessments or further  additional  assessments  pursuant  to
       S. 2007                            18                            A. 3007
    1  section  twenty-eight  hundred  seven-d of this article with the amounts
    2  originally recognized for reimbursement purposes.
    3    [7-a.  Notwithstanding  any inconsistent provision of law, with regard
    4  to a general hospital the provisions of subdivisions four and  seven  of
    5  this  section  and  the provisions of section eighteen of chapter two of
    6  the laws of nineteen hundred eighty-eight relating to the requirement of
    7  prior notice and the time frames for notice, approval  or  certification
    8  of  rates  of payment, maximum rates of payment or maximum charges where
    9  not otherwise waived pursuant to law shall be applicable  only  to  such
   10  rates  of  payment  or  maximum charges prospectively established for an
   11  annual rate period and such provisions shall  not  be  applicable  to  a
   12  general hospital with regard to prospective adjustments or retrospective
   13  adjustments  of  established  rates of payment or maximum charges for or
   14  during an annual rate period based on correction of errors or  omissions
   15  of  data  or  in computation, rate appeals, audits or other rate adjust-
   16  ments authorized by law or regulations adopted pursuant to section twen-
   17  ty-eight hundred three of this article.
   18    7-b. Notification of diagnostic and treatment center  approved  rates.
   19  (a)  For  rate periods or portions of rate periods beginning on or after
   20  October first, nineteen  hundred  ninety-four,  the  commissioner  shall
   21  notify  each  diagnostic  and  treatment center of its approved rates of
   22  payment, which shall be used in the reimbursement for services  provided
   23  to  persons eligible for payments made by state governmental agencies at
   24  least thirty days prior to the beginning of the period  for  which  such
   25  rates are to become effective.
   26    (b)] (A) Notwithstanding any contrary provision of law, all diagnostic
   27  and  treatment centers certified on or before September second, nineteen
   28  hundred ninety-seven shall, not later than  September  second,  nineteen
   29  hundred  ninety-seven,  notify  the  commissioner whether they intend to
   30  maintain all books and records utilized by the diagnostic and  treatment
   31  center  for cost reporting and reimbursement purposes on a calendar year
   32  basis or, commencing on July first, nineteen hundred  ninety-six,  on  a
   33  July  first  through June thirtieth basis, and shall thereafter maintain
   34  all books and records  on  such  basis.  All  diagnostic  and  treatment
   35  centers  certified after September second, nineteen hundred ninety-seven
   36  shall notify the commissioner at the time of certification whether  they
   37  intend  to maintain all books and records on a calendar year basis or on
   38  [or] a July first through June thirtieth  basis,  and  shall  thereafter
   39  maintain all books and records on such a basis.
   40    [(c)] (B) The books and records maintained pursuant to paragraph [(b)]
   41  (A)  of  this  subdivision  shall  be utilized and made available to the
   42  commissioner in promulgating rates of payment for  annual  rate  periods
   43  beginning on or after October first, nineteen hundred ninety-seven.
   44    [(d)]  (C)  Notwithstanding  any provision of the law to the contrary,
   45  rates of payment established in accordance with paragraph [(b)]  (A)  as
   46  amended,  and  paragraph  (f) of subdivision two of this section for the
   47  rate period beginning April first, nineteen hundred  ninety-three  shall
   48  continue  in  effect through September thirtieth, nineteen hundred nine-
   49  ty-four, and applicable trend factors shall be applied to  that  portion
   50  of  such  rates of payment for the rate period which begins April first,
   51  nineteen hundred ninety-four.
   52    S 25.  Section 365-l of the social services law is amended by adding a
   53  new subdivision 2-b to read as follows:
   54    2-B. THE COMMISSIONER IS AUTHORIZED TO  MAKE  GRANTS  UP  TO  A  GROSS
   55  AMOUNT OF FIVE MILLION DOLLARS, TO ESTABLISH COORDINATION BETWEEN HEALTH
   56  HOMES  AND THE CRIMINAL JUSTICE SYSTEM AND FOR THE INTEGRATION OF INFOR-
       S. 2007                            19                            A. 3007
    1  MATION OF HEALTH HOMES WITH STATE AND LOCAL CORRECTIONAL FACILITIES,  TO
    2  THE EXTENT PERMITTED BY LAW.  HEALTH HOMES RECEIVING SUCH FUNDS SHALL BE
    3  REQUIRED TO DOCUMENT AND DEMONSTRATE THE EFFECTIVE USE OF FUNDS DISTRIB-
    4  UTED HEREIN.
    5    S  26.  Paragraph (e) of subdivision 2-a of section 2807 of the public
    6  health law is amended by adding a  new  subparagraph  (iv)  to  read  as
    7  follows:
    8    (IV)  NOTWITHSTANDING  ANY  LAW TO THE CONTRARY AND SUBJECT TO FEDERAL
    9  FINANCIAL PARTICIPATION, FAMILY  PLANNING  OR  FAMILY  PLANNING  RELATED
   10  SERVICES  THAT  ARE  ELIGIBLE  FOR  ENHANCED  FEDERAL MEDICAL ASSISTANCE
   11  PERCENTAGES, SHALL NOT BE REIMBURSED PURSUANT TO THE METHODOLOGY  ESTAB-
   12  LISHED IN THIS SUBDIVISION.
   13    S  27.  Subdivision  35  of section 2807-c of the public health law is
   14  amended by adding a new paragraph (k) to read as follows:
   15    (K) NOTWITHSTANDING ANY LAW TO THE CONTRARY  AND  SUBJECT  TO  FEDERAL
   16  FINANCIAL  PARTICIPATION,  FAMILY  PLANNING  OR  FAMILY PLANNING RELATED
   17  SERVICES THAT ARE  ELIGIBLE  FOR  ENHANCED  FEDERAL  MEDICAL  ASSISTANCE
   18  PERCENTAGES SHALL BE EXCLUDED FROM REIMBURSEMENT UNDER THIS SUBDIVISION.
   19    S  28.   Subdivisions 6 and 7 of section 369-gg of the social services
   20  law are renumbered 7 and 8 and a new subdivision 6 is added to  read  as
   21  follows:
   22    6.  RATES  OF PAYMENT.  (A) THE COMMISSIONER SHALL SELECT THE CONTRACT
   23  WITH  AN  INDEPENDENT  ACTUARY  TO  STUDY  AND   RECOMMEND   APPROPRIATE
   24  REIMBURSEMENT METHODOLOGIES FOR THE COST OF HEALTH CARE SERVICE COVERAGE
   25  PURSUANT  TO  THIS TITLE. SUCH INDEPENDENT ACTUARY SHALL REVIEW AND MAKE
   26  RECOMMENDATIONS CONCERNING APPROPRIATE ACTUARIAL ASSUMPTIONS RELEVANT TO
   27  THE ESTABLISHMENT OF  REIMBURSEMENT  METHODOLOGIES,  INCLUDING  BUT  NOT
   28  LIMITED  TO;  THE  ADEQUACY OF RATES OF PAYMENT IN RELATION TO THE POPU-
   29  LATION TO BE SERVED ADJUSTED FOR CASE MIX,  THE  SCOPE  OF  HEALTH  CARE
   30  SERVICES  APPROVED  ORGANIZATIONS  MUST PROVIDE, THE UTILIZATION OF SUCH
   31  SERVICES AND THE NETWORK OF PROVIDERS REQUIRED TO MEET STATE STANDARDS.
   32    (B) UPON  CONSULTATION  WITH  THE  INDEPENDENT  ACTUARY  AND  ENTITIES
   33  REPRESENTING  APPROVED  ORGANIZATIONS,  THE  COMMISSIONER  SHALL DEVELOP
   34  REIMBURSEMENT METHODOLOGIES AND FEE SCHEDULES FOR DETERMINING  RATES  OF
   35  PAYMENT, WHICH RATE SHALL BE APPROVED BY THE DIRECTOR OF THE DIVISION OF
   36  THE  BUDGET,  TO BE MADE BY THE DEPARTMENT TO APPROVED ORGANIZATIONS FOR
   37  THE COST OF HEALTH CARE SERVICES COVERAGE PURSUANT TO THIS  TITLE.  SUCH
   38  REIMBURSEMENT METHODOLOGIES AND FEE SCHEDULES MAY INCLUDE PROVISIONS FOR
   39  CAPITATION ARRANGEMENTS.
   40    (C)  THE  COMMISSIONER  SHALL  HAVE  THE AUTHORITY TO PROMULGATE REGU-
   41  LATIONS, INCLUDING EMERGENCY REGULATIONS, NECESSARY  TO  EFFECTUATE  THE
   42  PROVISIONS OF THIS SUBDIVISION.
   43    S  29. Section 1 of part B of chapter 59 of the laws of 2011, amending
   44  the public health law relating to rates of payment and  medical  assist-
   45  ance, is amended to read as follows:
   46    Section  1.    (a)  Notwithstanding any inconsistent provision of law,
   47  rule or regulation to the contrary, and subject to the  availability  of
   48  federal  financial participation, effective for the period April 1, 2011
   49  through March 31, 2012, and  each  state  fiscal  year  thereafter,  the
   50  department  of  health  is  authorized  to  make  supplemental  Medicaid
   51  payments OR SUPPLEMENTAL MEDICAID MANAGED CARE PAYMENTS for professional
   52  services provided  by  physicians,  nurse  practitioners  and  physician
   53  assistants  who  are participating in a plan for the management of clin-
   54  ical practice at the State University of New York,  in  accordance  with
   55  title  11  of article 5 of the social services law for patients eligible
   56  for federal financial participation  under  title  XIX  of  the  federal
       S. 2007                            20                            A. 3007
    1  social security act, in amounts that will increase fees for such profes-
    2  sional services to an amount equal to the average commercial or Medicare
    3  rate that would otherwise be received for such services rendered by such
    4  physicians,  nurse  practitioners  and  physician assistants. The calcu-
    5  lation of such supplemental fee payments shall  be  made  in  accordance
    6  with  applicable  federal law and regulation and subject to the approval
    7  of the division of the budget. Such supplemental Medicaid  fee  payments
    8  may  be added to the professional fees paid under the fee schedule [or],
    9  made as aggregate lump sum payments to eligible clinical practice  plans
   10  authorized to receive professional fees OR MADE AS SUPPLEMENTAL PAYMENTS
   11  MADE  FOR  SUCH  PURPOSE  AS  DESCRIBED  HEREIN TO MEDICAID MANAGED CARE
   12  ORGANIZATIONS. SUPPLEMENTAL MEDICAID MANAGED CARE  PAYMENTS  UNDER  THIS
   13  SECTION  SHALL  BE DISTRIBUTED TO PROVIDERS AS DETERMINED BY THE MANAGED
   14  CARE MODEL CONTRACT AND MAY UTILIZE MANAGED CARE  ORGANIZATION  REPORTED
   15  ENCOUNTER DATA AND OTHER SUCH METRICS AS DETERMINED BY THE DEPARTMENT OF
   16  HEALTH  IN  ORDER  TO  ENSURE RATES OF PAYMENT EQUIVALENT TO THE AVERAGE
   17  COMMERCIAL OR MEDICARE RATE THAT WOULD OTHERWISE BE  RECEIVED  FOR  SUCH
   18  SERVICES  RENDERED BY SUCH PHYSICIANS, NURSE PRACTITIONERS AND PHYSICIAN
   19  ASSISTANTS.
   20    (b) The affiliated State University of New York health science centers
   21  shall be responsible for payment of one hundred percent of the  non-fed-
   22  eral  share of such supplemental Medicaid payments OR SUPPLEMENTAL MEDI-
   23  CAID MANAGED CARE PAYMENTS for  all  services  provided  by  physicians,
   24  nurse  practitioners and physician assistants who are participating in a
   25  plan for the management of clinical practice, in accordance with section
   26  365-a of the social services law, regardless of whether  another  social
   27  services district or the department of health may otherwise be responsi-
   28  ble  for furnishing medical assistance to the eligible persons receiving
   29  such services.
   30    S 30. Section 93 of part H of chapter 59 of the laws of 2011, amending
   31  the public health law relating to general hospital inpatient  reimburse-
   32  ment for annual rates, is amended to read as follows:
   33    S  93.  1.  Notwithstanding any inconsistent provision of law, rule or
   34  regulation to the contrary, and subject to the availability  of  federal
   35  financial  participation, effective for the period April 1, 2011 through
   36  March 31, 2012, and each state fiscal year thereafter, the department of
   37  health is authorized to make supplemental Medicaid payments  OR  SUPPLE-
   38  MENTAL MEDICAID MANAGED CARE PAYMENTS for professional services provided
   39  by  physicians,  nurse  practitioners  and  physician assistants who are
   40  employed by a public benefit corporation or a non-state operated  public
   41  general  hospital  operated  by  a public benefit corporation or who are
   42  providing professional services at a facility  of  such  public  benefit
   43  corporation  as  either  a member of a practice plan or an employee of a
   44  professional corporation or limited liability corporation under contract
   45  to provide services to patients of such a public benefit corporation, in
   46  accordance with title 11 of article 5 of the  social  services  law  for
   47  patients eligible for federal financial participation under title XIX of
   48  the  federal social security act, in amounts that will increase fees for
   49  such professional services to an amount equal  to  either  the  Medicare
   50  rate or the average commercial rate that would otherwise be received for
   51  such  services  rendered  by  such  physicians,  nurse practitioners and
   52  physician assistants, provided,  however,  that  such  supplemental  fee
   53  payments  shall  not  be  available  with regard to services provided at
   54  facilities participating in the Medicare  Teaching  Election  Amendment.
   55  The  calculation  of  such  supplemental  fee  payments shall be made in
   56  accordance with applicable federal law and regulation and subject to the
       S. 2007                            21                            A. 3007
    1  approval of the division of the budget.  Such supplemental Medicaid  fee
    2  payments may be added to the professional fees paid under the fee sched-
    3  ule  [or], made as aggregate lump sum payments to entities authorized to
    4  receive professional fees OR MADE AS SUPPLEMENTAL PAYMENTS MADE FOR SUCH
    5  PURPOSE  AS  DESCRIBED  HEREIN  TO  MEDICAID MANAGED CARE ORGANIZATIONS.
    6  SUPPLEMENTAL MEDICAID MANAGED CARE PAYMENTS UNDER THIS SECTION SHALL  BE
    7  DISTRIBUTED  TO  PROVIDERS  AS  DETERMINED  BY  THE  MANAGED  CARE MODEL
    8  CONTRACT AND MAY UTILIZE MANAGED CARE  ORGANIZATION  REPORTED  ENCOUNTER
    9  DATA AND OTHER SUCH METRICS AS DETERMINED BY THE DEPARTMENT OF HEALTH IN
   10  ORDER TO ENSURE RATES OF PAYMENT EQUIVALENT TO THE AVERAGE COMMERCIAL OR
   11  MEDICARE  RATE  THAT  WOULD  OTHERWISE  BE  RECEIVED  FOR  SUCH SERVICES
   12  RENDERED BY SUCH PHYSICIANS, NURSE PRACTITIONERS AND  PHYSICIAN  ASSIST-
   13  ANTS.
   14    2. The supplemental Medicaid payments OR SUPPLEMENTAL MEDICAID MANAGED
   15  CARE PAYMENTS for professional services authorized by subdivision one of
   16  this  section  may  be  made  only at the election of the public benefit
   17  corporation or the local social services district in which the non-state
   18  operated public general hospital is located. The electing public benefit
   19  corporation or local social services district shall, notwithstanding the
   20  social services district Medicaid cap provisions of Part C of chapter 58
   21  of the laws of 2005, be responsible for payment of one  hundred  percent
   22  of  the  non-federal  share  of  such supplemental Medicaid payments, in
   23  accordance with section 365-a of the social services law, regardless  of
   24  whether another social services district or the department of health may
   25  otherwise be responsible for furnishing medical assistance to the eligi-
   26  ble  persons receiving such services. Social services district or public
   27  benefit corporation  funding  of  the  non-federal  share  of  any  such
   28  payments  shall  be deemed to be voluntary for purposes of the increased
   29  federal medical assistance percentage provisions of the American  Recov-
   30  ery  and  Reinvestment Act of 2009, provided, however, that in the event
   31  the federal Centers for Medicare and Medicaid Services  determines  that
   32  such  non-federal share payments are not voluntary payments for purposes
   33  of such act, the provisions of this section shall be null and void.
   34    S 31.  Subparagraph (iii) of paragraph (d) of subdivision 1 of section
   35  367-a of the social services law, as amended by section 65 of part H  of
   36  chapter 59 of the laws 2011, is amended to read as follows:
   37    (iii)  [When payment under part B of title XVIII of the federal social
   38  security act for] WITH RESPECT TO items and services provided to  eligi-
   39  ble  persons  who  are also beneficiaries under part B of title XVIII of
   40  the federal social security act and [for] items and services provided to
   41  qualified medicare beneficiaries under part B  of  title  XVIII  of  the
   42  federal  social  security  act  [would  exceed the amount that otherwise
   43  would be made under this title if provided to an eligible  person  other
   44  than  a  person who is also a beneficiary under part B or is a qualified
   45  medicare beneficiary, the amount payable for services covered under this
   46  title shall be twenty percent  of],  THE  AMOUNT  PAYABLE  FOR  SERVICES
   47  COVERED UNDER THIS TITLE SHALL BE the amount of any co-insurance liabil-
   48  ity  of  such  eligible  persons  pursuant  to federal law were they not
   49  eligible for medical assistance or  were  they  not  qualified  medicare
   50  beneficiaries with respect to such benefits under such part B, BUT SHALL
   51  NOT  EXCEED  THE AMOUNT THAT OTHERWISE WOULD BE MADE UNDER THIS TITLE IF
   52  PROVIDED TO AN ELIGIBLE PERSON OTHER THAN A PERSON WHO IS ALSO A BENEFI-
   53  CIARY UNDER PART B OR IS A  QUALIFIED  MEDICARE  BENEFICIARY  MINUS  THE
   54  AMOUNT  PAYABLE  UNDER  PART B; provided, however, amounts payable under
   55  this title for items and services provided to eligible persons  who  are
   56  also  beneficiaries  under part B or to qualified medicare beneficiaries
       S. 2007                            22                            A. 3007
    1  by an ambulance service under the authority of an operating  certificate
    2  issued  pursuant  to article thirty of the public health law, a psychol-
    3  ogist licensed under article one hundred fifty-three  of  the  education
    4  law,  or  a  facility  under  the  authority of an operating certificate
    5  issued pursuant to article sixteen,  thirty-one  or  thirty-two  of  the
    6  mental  hygiene  law  and with respect to outpatient hospital and clinic
    7  items and services provided by a facility  under  the  authority  of  an
    8  operating  certificate  issued  pursuant  to article twenty-eight of the
    9  public health law, shall not be less than the amount of any co-insurance
   10  liability of such eligible persons or such qualified medicare  benefici-
   11  aries,  or  for  which  such eligible persons or such qualified medicare
   12  beneficiaries would be liable under federal law were they  not  eligible
   13  for medical assistance or were they not qualified medicare beneficiaries
   14  with respect to such benefits under part B.
   15    S  32.   Paragraph (d) of subdivision 1 of section 367-a of the social
   16  services law is amended by adding a new subparagraph  (iv)  to  read  as
   17  follows:
   18    (IV)  IF  A  HEALTH PLAN PARTICIPATING IN PART C OF TITLE XVIII OF THE
   19  FEDERAL SOCIAL SECURITY ACT PAYS FOR  ITEMS  AND  SERVICES  PROVIDED  TO
   20  ELIGIBLE  PERSONS WHO ARE ALSO BENEFICIARIES UNDER PART B OF TITLE XVIII
   21  OF THE FEDERAL SOCIAL SECURITY ACT OR TO  QUALIFIED  MEDICARE  BENEFICI-
   22  ARIES,  THE  AMOUNT  PAYABLE  FOR SERVICES UNDER THIS TITLE SHALL BE THE
   23  AMOUNT OF ANY CO-INSURANCE LIABILITY OF SUCH ELIGIBLE  PERSONS  PURSUANT
   24  TO  FEDERAL LAW IF THEY WERE NOT ELIGIBLE FOR MEDICAL ASSISTANCE OR WERE
   25  NOT QUALIFIED MEDICARE BENEFICIARIES WITH RESPECT TO SUCH BENEFITS UNDER
   26  PART B, BUT SHALL NOT EXCEED THE AMOUNT THAT  OTHERWISE  WOULD  BE  MADE
   27  UNDER  THIS TITLE IF PROVIDED TO AN ELIGIBLE PERSON WHO IS NOT A BENEFI-
   28  CIARY UNDER PART B OR A QUALIFIED MEDICARE BENEFICIARY, LESS THE  AMOUNT
   29  PAYABLE BY THE PART C HEALTH PLAN.
   30    S  33.  Paragraph  (a)  of  subdivision 3 of section 366 of the social
   31  services law, as amended by chapter 110 of the laws of 1971, is  amended
   32  to read as follows:
   33    (a)  Medical  assistance  shall  be  furnished  to applicants in cases
   34  where, although such applicant has a responsible  relative  with  suffi-
   35  cient  income  and resources to provide medical assistance as determined
   36  by the regulations of the department, the income and  resources  of  the
   37  responsible  relative are not available to such applicant because of the
   38  absence of such relative [or] AND the refusal or failure of such  ABSENT
   39  relative  to  provide the necessary care and assistance.  In such cases,
   40  however, the furnishing of  such  assistance  shall  create  an  implied
   41  contract  with such relative, and the cost thereof may be recovered from
   42  such relative in accordance with title six  of  article  three  OF  THIS
   43  CHAPTER and other applicable provisions of law.
   44    S  34.   The commissioner of health is authorized to contract with one
   45  or more entities to conduct an assessment of the mobility and  transpor-
   46  tation  needs of persons with disabilities and other special needs popu-
   47  lations.   The assessment shall include  identification  of  any  legal,
   48  statutory  or  regulatory, and funding barriers. After consultation with
   49  the department of transportation, office for people  with  developmental
   50  disabilities,  office for the aging, office of mental health, and office
   51  of alcoholism and substance abuse services, the  contractor  shall  make
   52  recommendations  for the development of a pilot demonstration project to
   53  coordinate medical and  non-medical  transportation  services,  maximize
   54  funding  sources,  enhance  community  integration and any other related
   55  tasks.
       S. 2007                            23                            A. 3007
    1    S 35. Section 133 of the social services law, as  amended  by  chapter
    2  455 of the laws of 2010, is amended to read as follows:
    3    S  133. Temporary preinvestigation emergency needs assistance or care.
    4  Upon application for public assistance or care under this  chapter,  the
    5  local  social services district shall notify the applicant in writing of
    6  the availability of a monetary grant adequate to  meet  emergency  needs
    7  assistance  or  care  and  shall,  at  such time, determine whether such
    8  person is in immediate need. If it shall appear  that  a  person  is  in
    9  immediate  need,  emergency  needs  assistance  or care shall be granted
   10  pending  completion  of  an  investigation.  The  written   notification
   11  required by this section shall inform such person of a right to an expe-
   12  dited  hearing  when  emergency  needs  assistance  or care is denied. A
   13  public assistance applicant who has been denied emergency needs  assist-
   14  ance  or care must be given reason for such denial in a written determi-
   15  nation which sets forth the basis for such  denial.    NOTHING  IN  THIS
   16  SECTION  SHALL  BE  CONSTRUED TO REQUIRE THE SOCIAL SERVICES DISTRICT OR
   17  ANY STATE AGENCY TO PROVIDE A MONETARY OR OTHER GRANT PURSUANT  TO  THIS
   18  SECTION FOR THE PURPOSE OF OBTAINING MEDICAL CARE, HOME CARE, OR RELATED
   19  SERVICES.
   20    S  36.   Subdivision 7 of section 364-i of the social services law, as
   21  added by section 34 of part A of chapter 56 of  the  laws  of  2013,  is
   22  amended to read as follows:
   23    7.  Notwithstanding [section one hundred thirty-three of this chapter]
   24  ANY OTHER SECTION OF LAW, where care [or],  services,  OR  SUPPLIES  are
   25  received  prior  to  the date [the] AN individual is determined eligible
   26  for assistance under this title, medical assistance reimbursement  shall
   27  be  available  for such care [or], services, OR SUPPLIES only (a) if the
   28  care [or], services, OR SUPPLIES are received  during  the  three  month
   29  period preceding the month of application for medical assistance and the
   30  recipient  is determined to have been eligible in the month in which the
   31  care [or], service, OR SUPPLY was received, or (b) [as] IF provided [for
   32  in] DURING A PERIOD OF PRESUMPTIVE ELIGIBILITY PURSUANT TO this  section
   33  [or  regulations  of  the  department]. NO MEDICAL ASSISTANCE UNDER THIS
   34  TITLE, REGARDLESS OF FUNDING SOURCE, SHALL  BE  AVAILABLE  TO  MEET  THE
   35  IMMEDIATE  NEEDS  OF INDIVIDUALS PRIOR TO A DETERMINATION THAT THEY MEET
   36  THE ELIGIBILITY REQUIREMENTS OF THIS TITLE, EXCEPT DURING  A  PERIOD  OF
   37  PRESUMPTIVE ELIGIBILITY AS PROVIDED IN THIS SUBDIVISION.
   38    S  37.  Notwithstanding any provision of law to the contrary, enhanced
   39  federal medical assistance percentage monies available as  a  result  of
   40  the  state's  participation  in  the  community  first choice state plan
   41  option under section 1915 of title XIX of the  federal  social  security
   42  act  shall be used to implement the state's comprehensive plan for serv-
   43  ing New Yorkers with disabilities in the most integrated  setting,  also
   44  known  as  the  state's Olmstead plan. Such monies shall be expended for
   45  the purposes consistent with the Olmstead plan. The Department of Health
   46  shall consult with stakeholders, relevant state agencies,  the  Division
   47  of  Budget  and the Olmstead cabinet in determining the level of invest-
   48  ment for each of the programs under the Olmstead plan.
   49    S 38. Section 2808 of the public health law is amended by adding a new
   50  subdivision 27 to read as follows:
   51    27. FOR PERIODS ON OR AFTER APRIL FIRST,  TWO  THOUSAND  FIFTEEN,  THE
   52  COMMISSIONER  SHALL  AUTHORIZE  AN  ENERGY  EFFICIENCY  AND/OR  DISASTER
   53  PREPAREDNESS DEMONSTRATION PROGRAM FOR RESIDENTIAL HEALTH  CARE  FACILI-
   54  TIES.  SUCH PROGRAM SHALL BE LIMITED TO REAL PROPERTY CAPITAL COSTS. THE
   55  COMMISSIONER MAY  PROMULGATE  REGULATIONS  IN  ORDER  TO  IMPLEMENT  THE
   56  PROVISIONS OF THIS SUBDIVISION.
       S. 2007                            24                            A. 3007
    1    S  39.  The  opening paragraph of subdivision 9 of section 3614 of the
    2  public health law, as amended by section 56 of part A of chapter  56  of
    3  the laws of 2013, is amended to read as follows:
    4    Notwithstanding  any  law  to  the  contrary,  the commissioner shall,
    5  subject to the availability of federal financial  participation,  adjust
    6  medical  assistance  rates of payment for certified home health agencies
    7  for such services provided to children under eighteen years of  age  and
    8  for services provided to a special needs population of medically complex
    9  and  fragile  children,  adolescents and young disabled adults by a CHHA
   10  operating under a pilot program approved by the  department,  long  term
   11  home  health care programs, AIDS home care programs established pursuant
   12  to this article, AND hospice programs established under article forty of
   13  this chapter [and for managed long term care plans and approved  managed
   14  long term care operating demonstrations as defined in section forty-four
   15  hundred three-f of this chapter]. Such adjustments shall be for purposes
   16  of improving recruitment, training and retention of home health aides or
   17  other personnel with direct patient care responsibility in the following
   18  aggregate amounts for the following periods:
   19    S  40.  Paragraph  (a) of subdivision 10 of section 3614 of the public
   20  health law, as amended by section 57 of part A of chapter 56 of the laws
   21  of 2013, is amended to read as follows:
   22    (a) Such adjustments to rates of payments shall be  allocated  propor-
   23  tionally  based  on  each  certified  home health agency, long term home
   24  health care program, AIDS home care and hospice  program's  home  health
   25  aide  or  other  direct  care  services  total  annual  hours of service
   26  provided to medicaid patients, as reported in each  such  agency's  most
   27  recently  available  cost  report as submitted to the department [or for
   28  the purpose of the managed long  term  care  program  a  suitable  proxy
   29  developed   by  the  department  in  consultation  with  the  interested
   30  parties]. Payments made pursuant to this section shall not be subject to
   31  subsequent adjustment or reconciliation; provided that such  adjustments
   32  to rates of payments to certified home health agencies shall only be for
   33  that  portion  of  services provided to children under eighteen years of
   34  age and for services provided to a special needs population of medically
   35  complex and fragile children, adolescents and young disabled adults by a
   36  CHHA operating under a pilot program approved by the department.
   37    S 41.  The civil service law is amended by adding a new section 66  to
   38  read as follows:
   39    S 66. TERM APPOINTMENTS IN HEALTH INSURANCE PROGRAM-RELATED POSITIONS.
   40  1.  THE  DEPARTMENT  OF  HEALTH'S OFFICE OF HEALTH INSURANCE PROGRAMS IS
   41  TASKED WITH IMPLEMENTING SIGNIFICANT HEALTH INSURANCE  PROGRAM  REFORMS,
   42  INITIATIVES  AND  MANDATES.  AS  THE  STATE CONTINUES TO IMPLEMENT THESE
   43  CHANGES, THE OFFICE OF HEALTH INSURANCE PROGRAMS MAY NEED TO  RELY  UPON
   44  THE  EXPERTISE OF INDIVIDUALS FROM EITHER INSIDE OR OUTSIDE THE EXISTING
   45  STATE WORKFORCE THAT POSSESS HIGHLY SPECIALIZED EXPERTISE  IN  ASSESSING
   46  AND LEVERAGING EMERGING HEALTH INSURANCE PROGRAMS AND RELATED ISSUES.
   47    TO  THIS END, NOTWITHSTANDING ANY OTHER PROVISION IN THIS CHAPTER, THE
   48  DEPARTMENT MAY AUTHORIZE TERM APPOINTMENTS WITHOUT EXAMINATION TO TEMPO-
   49  RARY POSITIONS REQUIRING SPECIAL EXPERTISE OR QUALIFICATIONS  IN  HEALTH
   50  INSURANCE  PROGRAMS.  SUCH  APPOINTMENTS  MAY BE AUTHORIZED ONLY IN SUCH
   51  CASES WHERE THE OFFICE OF HEALTH INSURANCE  PROGRAMS  CERTIFIES  TO  THE
   52  DEPARTMENT  THAT  BECAUSE  OF THE TYPE OF SERVICES TO BE RENDERED OR THE
   53  TEMPORARY OR OCCASIONAL CHARACTER OF SUCH  SERVICES,  IT  WOULD  NOT  BE
   54  PRACTICABLE TO HOLD AN EXAMINATION OF ANY KIND. SUCH CERTIFICATION SHALL
   55  BE A PUBLIC DOCUMENT PURSUANT TO THE PUBLIC OFFICERS LAW AND SHALL IDEN-
   56  TIFY  THE  SPECIAL EXPERTISE OR QUALIFICATIONS THAT ARE REQUIRED AND WHY
       S. 2007                            25                            A. 3007
    1  THEY CANNOT BE OBTAINED THROUGH AN APPOINTMENT FROM  AN  ELIGIBLE  LIST.
    2  THE  MAXIMUM  PERIOD FOR A TERM APPOINTMENT ESTABLISHED PURSUANT TO THIS
    3  SUBDIVISION SHALL NOT EXCEED SIXTY MONTHS AND SHALL NOT BE EXTENDED, AND
    4  THE  MAXIMUM NUMBER OF SUCH APPOINTMENTS SHALL NOT EXCEED THREE HUNDRED.
    5  AT LEAST FIFTEEN DAYS PRIOR TO MAKING A  TERM  APPOINTMENT  PURSUANT  TO
    6  THIS  SECTION  THE APPOINTING AUTHORITY SHALL PUBLICLY AND CONSPICUOUSLY
    7  POST IN ITS OFFICES INFORMATION ABOUT THE  TEMPORARY  POSITION  AND  THE
    8  REQUIRED  QUALIFICATIONS AND SHALL ALLOW ANY QUALIFIED EMPLOYEE TO APPLY
    9  FOR SAID POSITION. AN EMPLOYEE APPOINTED PURSUANT TO THIS PROVISION  WHO
   10  HAS COMPLETED TWO YEARS OF CONTINUOUS SERVICE UNDER THIS PROVISION SHALL
   11  BE  ABLE  TO COMPETE IN ONE PROMOTIONAL EXAMINATION THAT IS ALSO OPEN TO
   12  EMPLOYEES WHO HAVE PERMANENT CIVIL SERVICE APPOINTMENTS AND  APPROPRIATE
   13  QUALIFICATIONS.
   14    2.  A  TEMPORARY  POSITION  ESTABLISHED PURSUANT TO SUBDIVISION ONE OF
   15  THIS SECTION MAY BE ABOLISHED FOR REASONS OF ECONOMY,  CONSOLIDATION  OR
   16  ABOLITION  OF  FUNCTIONS,  CURTAILMENT  OF ACTIVITIES OR OTHERWISE. UPON
   17  SUCH ABOLITION OR AT THE  END  OF  THE  TERM  OF  THE  APPOINTMENT,  THE
   18  PROVISIONS   OF   SECTIONS   SEVENTY-EIGHT,   SEVENTY-NINE,  EIGHTY  AND
   19  EIGHTY-ONE OF THIS CHAPTER SHALL NOT APPLY. IN THE EVENT OF A  REDUCTION
   20  OF WORKFORCE PURSUANT TO SECTION EIGHTY OF THIS CHAPTER AFFECTING HEALTH
   21  INSURANCE  PROGRAM-RELATED  POSITIONS, THE TERM APPOINTMENTS PURSUANT TO
   22  THIS SECTION AT THE DEPARTMENT OF HEALTH'S OFFICE  OF  HEALTH  INSURANCE
   23  PROGRAMS  SHALL BE ABOLISHED PRIOR TO THE ABOLITION OF PERMANENT COMPET-
   24  ITIVE CLASS HEALTH INSURANCE PROGRAM-RELATED POSITIONS AT THE OFFICE  OF
   25  HEALTH  INSURANCE  PROGRAMS INVOLVING COMPARABLE SKILLS AND RESPONSIBIL-
   26  ITIES.
   27    S 42.  Subdivision 12 of section 367-a of the social services law,  as
   28  amended  by section 63-a of part C of chapter 58 of the laws of 2007, is
   29  amended to read as follows:
   30    12. Prior to receiving medical assistance under subparagraphs [twelve]
   31  FIVE and [thirteen] SIX of paragraph [(a)] (C)  of  subdivision  one  of
   32  section three hundred sixty-six of this title, a person whose net avail-
   33  able  income  is  at  least  one hundred fifty percent of the applicable
   34  federal income official poverty line, as  defined  and  updated  by  the
   35  United States department of health and human services, must pay a month-
   36  ly  premium,  in  accordance  with  a procedure to be established by the
   37  commissioner. The amount of such premium shall  be  twenty-five  dollars
   38  for an individual who is otherwise eligible for medical assistance under
   39  such  subparagraphs,  and  fifty  dollars for a couple, both of whom are
   40  otherwise eligible for medical assistance under such  subparagraphs.  No
   41  premium  shall  be  required from a person whose net available income is
   42  less than one hundred fifty percent of  the  applicable  federal  income
   43  official  poverty  line,  as  defined  and  updated by the United States
   44  department of health and human services.
   45    S 43. Subparagraph 6 of paragraph (b) of subdivision 1 of section  366
   46  of  the  social services law, as added by section 1 of part D of chapter
   47  56 of the laws of 2013, is amended to read as follows:
   48    (6) An individual who is not otherwise eligible for medical assistance
   49  under this section is eligible for coverage of family planning  services
   50  reimbursed  by  the  federal government at a rate of ninety percent, and
   51  for coverage of those services identified by the commissioner of  health
   52  as  services  generally  performed  as  part  of  or as a follow-up to a
   53  service eligible for such ninety percent reimbursement, including treat-
   54  ment for sexually transmitted diseases, if his or her  income  does  not
   55  exceed the MAGI-equivalent of two hundred percent of the federal poverty
   56  line  for  the  applicable  family  size,  which  shall be calculated in
       S. 2007                            26                            A. 3007
    1  accordance with guidance issued by the secretary of  the  United  States
    2  department  of  health  and human services[.]; PROVIDED FURTHER THAT THE
    3  COMMISSIONER OF HEALTH IS AUTHORIZED TO ESTABLISH CRITERIA FOR  PRESUMP-
    4  TIVE  ELIGIBILITY FOR SERVICES PROVIDED PURSUANT TO THIS SUBPARAGRAPH IN
    5  ACCORDANCE WITH ALL APPLICABLE REQUIREMENTS OF FEDERAL LAW OR REGULATION
    6  PERTAINING TO SUCH ELIGIBILITY.
    7    S 44. Subdivision 1 of section 398-b of the social  services  law,  as
    8  added  by  section  44  of  part C of chapter 60 of the laws of 2014, is
    9  amended to read as follows:
   10    1. Notwithstanding any inconsistent provision of law to  the  contrary
   11  and  subject to the availability of federal financial participation, the
   12  commissioner is authorized to make grants [from] UP TO a gross amount of
   13  five million dollars FOR STATE FISCAL YEAR TWO  THOUSAND  FOURTEEN--FIF-
   14  TEEN  AND  UP  TO  A  GROSS  AMOUNT OF FIFTEEN MILLION DOLLARS FOR STATE
   15  FISCAL YEAR TWO THOUSAND FIFTEEN--SIXTEEN to facilitate  the  transition
   16  of  foster  care  children placed with voluntary foster care agencies to
   17  managed care. The use of such funds may include providing  training  and
   18  consulting  services  to voluntary agencies to [access] ASSESS readiness
   19  and make  necessary  infrastructure  and  organizational  modifications,
   20  collecting  service  utilization  and other data from voluntary agencies
   21  and other entities, and making investments in health  information  tech-
   22  nology, including the infrastructure necessary to establish and maintain
   23  electronic health records. Such funds shall be distributed pursuant to a
   24  formula  to  be developed by the commissioner of health, in consultation
   25  with the commissioner of the office of CHILDREN AND family  [and  child]
   26  services.  In  developing  such  formula the commissioners may take into
   27  account size and scope of provider operations as a  factor  relevant  to
   28  eligibility  for  such  funds.  Each  recipient  of  such funds shall be
   29  required to document and demonstrate the effective use of funds distrib-
   30  uted herein.  IF FEDERAL FINANCIAL PARTICIPATION  IS  UNAVAILABLE,  THEN
   31  THE  NONFEDERAL  SHARE  OF  PAYMENTS PURSUANT TO THIS SUBDIVISION MAY BE
   32  MADE AS STATE GRANTS.
   33    S 45. Paragraph (g) of subdivision 1 of  section  366  of  the  social
   34  services law, as added by section 50 of part C of chapter 60 of the laws
   35  of 2014, is amended to read as follows:
   36    (g) Coverage of certain noncitizens. (1) Applicants and recipients who
   37  are  lawfully  admitted  for permanent residence, or who are permanently
   38  residing in the United States under color of law, OR WHO ARE  NON-CITIZ-
   39  ENS  IN A VALID NONIMMIGRANT STATUS, AS DEFINED IN 8 U.S.C. 1101(A)(15);
   40  who are MAGI eligible pursuant to paragraph (b) of this subdivision; and
   41  who would be ineligible for medical assistance coverage  under  subdivi-
   42  sions  one  and  two of section three hundred sixty-five-a of this title
   43  solely due to their immigration status if the provisions of section  one
   44  hundred  twenty-two of this chapter were applied, shall only be eligible
   45  for assistance under this title if enrolled in a  standard  health  plan
   46  offered  by a basic health program established pursuant to section three
   47  hundred sixty-nine-gg of this article if such program is established and
   48  operating.
   49    (2) With respect to a person described in  subparagraph  one  of  this
   50  paragraph  who is enrolled in a standard health plan, medical assistance
   51  coverage shall mean:
   52    (i) payment of required premiums and  other  cost-sharing  obligations
   53  under the standard health plan that exceed the person's co-payment obli-
   54  gation  under  subdivision six of section three hundred sixty-seven-a of
   55  this title; and
       S. 2007                            27                            A. 3007
    1    (ii) payment for services and supplies described in subdivision one or
    2  two of section three hundred sixty-five-a of this title, as  applicable,
    3  but  only  to the extent that such services and supplies are not covered
    4  by the standard health plan.
    5    (3)  Nothing  in  this subdivision shall prevent a person described in
    6  subparagraph one of this paragraph  from  qualifying  for  or  receiving
    7  medical assistance while his or her enrollment in a standard health plan
    8  is pending, in accordance with applicable provisions of this title.
    9    S  46.  Subdivision  8 of section 369-gg of the social service law, as
   10  added by section 51 of part C of chapter 60 of the laws of 2014  and  as
   11  renumbered by section thirty of this act, is amended to read as follows:
   12    8.    An  individual  who is lawfully admitted for permanent residence
   13  [or], permanently residing in the United States under color of  law,  OR
   14  WHO  IS  A  NON-CITIZEN  IN A VALID NONIMMIGRANT STATUS, AS DEFINED IN 8
   15  U.S.C. 1101(A)(15), and who would be ineligible for  medical  assistance
   16  under  title eleven of this article due to his or her immigration status
   17  if the provisions of section one hundred twenty-two of this chapter were
   18  applied, shall be considered to be ineligible for medical assistance for
   19  purposes of paragraphs (b) and (c) of subdivision three of this section.
   20    S 47. Notwithstanding any inconsistent provision of law, rule or regu-
   21  lation to the contrary, for purposes of implementing the  provisions  of
   22  the  public health law and the social services law, references to titles
   23  XIX and XXI of the federal social security act in the public health  law
   24  and  the social services law shall be deemed to include and also to mean
   25  any successor titles thereto under the federal social security act.
   26    S 48. Notwithstanding any inconsistent provision of law, rule or regu-
   27  lation, the effectiveness of the provisions of sections 2807 and 3614 of
   28  the public health law, section 18 of chapter 2 of the laws of 1988,  and
   29  18  NYCRR  505.14(h), as they relate to time frames for notice, approval
   30  or certification of rates of payment, are hereby suspended  and  without
   31  force or effect for purposes of implementing the provisions of this act.
   32    S  49. Severability clause. If any clause, sentence, paragraph, subdi-
   33  vision, section or part of this act shall be adjudged by  any  court  of
   34  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   35  impair or invalidate the remainder thereof, but shall be confined in its
   36  operation to the clause, sentence, paragraph,  subdivision,  section  or
   37  part thereof directly involved in the controversy in which such judgment
   38  shall  have been rendered. It is hereby declared to be the intent of the
   39  legislature that this act would have been enacted even if  such  invalid
   40  provisions had not been included herein.
   41    S  50.  This  act shall take effect immediately and shall be deemed to
   42  have been in full force and effect on and after April 1,  2015,  section
   43  eight of this act shall expire and be deemed repealed March 31, 2017 and
   44  section  thirty-eight  of  this  act shall expire and be deemed repealed
   45  March 31, 2018 provided that:
   46    1. sections two and three of this act shall take effect May 1, 2015;
   47    2. sections six, nine and thirteen of this act shall take effect  June
   48  1, 2015;
   49    3.  sections  thirty-one  and thirty-two of this act shall take effect
   50  July 1, 2015;
   51    4.  the amendments to subdivision 9 of section  367-a  of  the  social
   52  services law made by sections two and three of this act shall not affect
   53  the  expiration  and  reversion  of such subdivision and shall be deemed
   54  expired therewith;
       S. 2007                            28                            A. 3007
    1    5. sections twenty-eight and forty-six of this act shall  take  effect
    2  on the same date and in the same manner as section 51 of part C of chap-
    3  ter 60 of the laws of 2014 takes effect;
    4    6.  section  forty-five of this act shall take effect on the same date
    5  and in the same manner as section 50 of part C of chapter 60 of the laws
    6  of 2014 takes effect;
    7    7. the amendments to section 364-j of the social services law made  by
    8  section  seven  of  this act shall not affect the repeal of such section
    9  and shall be deemed to be repealed therewith;
   10    8. any rules or regulations necessary to implement the  provisions  of
   11  this  act  may be promulgated and any procedures, forms, or instructions
   12  necessary for such implementation may be adopted and issued on or  after
   13  the date this act shall have become a law;
   14    9. this act shall not be construed to alter, change, affect, impair or
   15  defeat any rights, obligations, duties or interests accrued, incurred or
   16  conferred prior to the effective date of this act;
   17    10.  the  commissioner of health and the superintendent of the depart-
   18  ment of financial services and any appropriate council  may  take  steps
   19  necessary to implement this act prior to its effective date;
   20    11.  notwithstanding  any inconsistent provision of the state adminis-
   21  trative procedure act or any other provision of law, rule or regulation,
   22  the commissioner of health and the superintendent of the  department  of
   23  financial services and any appropriate council is authorized to adopt or
   24  amend  or  promulgate  on an emergency basis any regulation he or she or
   25  such council determines necessary to implement any provision of this act
   26  on its effective date; and
   27    12. the provisions of this act shall become effective  notwithstanding
   28  the  failure  of the commissioner of health or the superintendent of the
   29  department of financial services or any council to  adopt  or  amend  or
   30  promulgate regulations implementing this act.
   31                                   PART C
   32    Section  1.   Section 48-a of part A of chapter 56 of the laws of 2013
   33  amending chapter 59 of the laws of 2011 amending the public  health  law
   34  and  other  laws  relating  to general hospital reimbursement for annual
   35  rates relating to the cap on local Medicaid expenditures, as amended  by
   36  section  13  of  part C of chapter 60 of the laws of 2014, is amended to
   37  read as follows:
   38    S 48-a. 1. Notwithstanding any contrary provision of law, the  commis-
   39  sioners of the office of alcoholism and substance abuse services and the
   40  office  of  mental health are authorized, subject to the approval of the
   41  director of the budget, to transfer to the commissioner of health  state
   42  funds  to  be  utilized as the state share for the purpose of increasing
   43  payments under  the  medicaid  program  to  managed  care  organizations
   44  licensed  under  article 44 of the public health law or under article 43
   45  of the insurance law. Such managed care organizations shall utilize such
   46  funds for the purpose of  reimbursing  providers  licensed  pursuant  to
   47  article  28  of  the public health law or article 31 or 32 of the mental
   48  hygiene law for ambulatory behavioral health services, as determined  by
   49  the  commissioner  of  health,  in consultation with the commissioner of
   50  alcoholism and substance abuse services  and  the  commissioner  of  the
   51  office of mental health, provided to medicaid eligible outpatients. Such
   52  reimbursement  shall  be in the form of fees for such services which are
   53  equivalent to the payments established for such services under the ambu-
   54  latory patient group (APG) rate-setting methodology as utilized  by  the
       S. 2007                            29                            A. 3007
    1  department  of  health,  the  office  of  alcoholism and substance abuse
    2  services, or the office of  mental  health  for  rate-setting  purposes;
    3  provided, however, that the increase to such fees that shall result from
    4  the provisions of this section shall not, in the aggregate and as deter-
    5  mined  by  the  commissioner of health, in consultation with the commis-
    6  sioner of alcoholism and substance abuse services and  the  commissioner
    7  of the office of mental health, be greater than the increased funds made
    8  available  pursuant  to  this section.   The increase of such ambulatory
    9  behavioral health fees to providers available under this  section  shall
   10  be for all rate periods on and after the effective date of [the] SECTION
   11  13  OF  PART  C  OF  chapter  60 of the laws of 2014 [which amended this
   12  section] through December 31, 2016 for patients in the city of New York,
   13  for all rate periods on and after the effective date of [the] SECTION 13
   14  OF PART C OF chapter 60 of the laws of 2014 [which amended this section]
   15  through June 30, 2017 for patients outside the city of New York, and for
   16  all rate periods on and after the effective date of such chapter [of the
   17  laws of 2014 which amended this section] through December 31,  2017  for
   18  all  services provided to persons under the age of twenty-one; provided,
   19  however, that managed care organizations  and  providers  may  negotiate
   20  different  rates  and  methods  of payment during such periods described
   21  above, subject to the approval of the department of health. The  depart-
   22  ment of health shall consult with the office of alcoholism and substance
   23  abuse  services  and  the office of mental health in determining whether
   24  such alternative rates shall be approved.  The  commissioner  of  health
   25  may,  in  consultation with the commissioner of alcoholism and substance
   26  abuse services and the commissioner of  the  office  of  mental  health,
   27  promulgate  regulations,  including  emergency  regulations  promulgated
   28  prior to October 1, 2015 to establish rates  for  ambulatory  behavioral
   29  health  services,  as  are necessary to implement the provisions of this
   30  section. Rates promulgated under this section shall be included  in  the
   31  report required under section 45-c of part A of this chapter.
   32    2.  NOTWITHSTANDING  ANY  CONTRARY  PROVISION OF LAW, THE FEES PAID BY
   33  MANAGED CARE ORGANIZATIONS LICENSED  UNDER  ARTICLE  44  OF  THE  PUBLIC
   34  HEALTH  LAW  OR  UNDER  ARTICLE  43  OF  THE INSURANCE LAW, TO PROVIDERS
   35  LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW OR  ARTICLE  31
   36  OR  32  OF  THE  MENTAL  HYGIENE  LAW,  FOR AMBULATORY BEHAVIORAL HEALTH
   37  SERVICES PROVIDED TO PATIENTS ENROLLED IN  THE  CHILD  HEALTH  INSURANCE
   38  PROGRAM  PURSUANT TO TITLE ONE-A OF ARTICLE 25 OF THE PUBLIC HEALTH LAW,
   39  SHALL BE IN THE FORM OF FEES FOR SUCH SERVICES WHICH ARE  EQUIVALENT  TO
   40  THE  PAYMENTS ESTABLISHED FOR SUCH SERVICES UNDER THE AMBULATORY PATIENT
   41  GROUP (APG) RATE-SETTING METHODOLOGY. THE COMMISSIONER OF  HEALTH  SHALL
   42  CONSULT WITH THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
   43  AND  THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH IN DETERMINING SUCH
   44  SERVICES AND ESTABLISHING SUCH FEES. SUCH AMBULATORY  BEHAVIORAL  HEALTH
   45  FEES  TO  PROVIDERS  AVAILABLE  UNDER THIS SECTION SHALL BE FOR ALL RATE
   46  PERIODS ON AND AFTER THE EFFECTIVE DATE OF THIS CHAPTER THROUGH DECEMBER
   47  31, 2016 FOR PATIENTS IN THE CITY OF NEW YORK, AND FOR ALL RATE  PERIODS
   48  ON  AND  AFTER  THE EFFECTIVE DATE OF THIS CHAPTER THROUGH JUNE 30, 2017
   49  FOR PATIENTS OUTSIDE THE CITY  OF  NEW  YORK,  PROVIDED,  HOWEVER,  THAT
   50  MANAGED  CARE  ORGANIZATIONS AND PROVIDERS MAY NEGOTIATE DIFFERENT RATES
   51  AND METHODS OF PAYMENT DURING SUCH PERIODS DESCRIBED ABOVE,  SUBJECT  TO
   52  THE  APPROVAL  OF  THE  DEPARTMENT OF HEALTH.   THE DEPARTMENT OF HEALTH
   53  SHALL CONSULT WITH THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
   54  AND THE OFFICE OF MENTAL HEALTH IN DETERMINING WHETHER SUCH  ALTERNATIVE
   55  RATES SHALL BE APPROVED.
       S. 2007                            30                            A. 3007
    1    S  2.  Section 1 of part H of chapter 111 of the laws of 2010 relating
    2  to increasing Medicaid payments to providers through managed care organ-
    3  izations and providing equivalent fees  through  an  ambulatory  patient
    4  group  methodology,  as amended by section 15 of part C of chapter 60 of
    5  the laws of 2014, is amended to read as follows:
    6    Section  1.  A.  Notwithstanding  any  contrary  provision of law, the
    7  commissioners of  mental  health  and  alcoholism  and  substance  abuse
    8  services  are authorized, subject to the approval of the director of the
    9  budget, to transfer to the commissioner of  health  state  funds  to  be
   10  utilized as the state share for the purpose of increasing payments under
   11  the  medicaid program to managed care organizations licensed under arti-
   12  cle 44 of the public health law or under article  43  of  the  insurance
   13  law.  Such  managed  care organizations shall utilize such funds for the
   14  purpose of reimbursing providers licensed pursuant to article 28 of  the
   15  public health law, or pursuant to article 31 or article 32 of the mental
   16  hygiene  law for ambulatory behavioral health services, as determined by
   17  the commissioner of health in  consultation  with  the  commissioner  of
   18  mental  health  and  commissioner  of  alcoholism  and  substance  abuse
   19  services, provided to medicaid eligible outpatients. Such  reimbursement
   20  shall  be  in the form of fees for such services which are equivalent to
   21  the payments established for such services under the ambulatory  patient
   22  group  (APG)  rate-setting  methodology as utilized by the department of
   23  health or by the office of mental health or  office  of  alcoholism  and
   24  substance  abuse  services for rate-setting purposes; provided, however,
   25  that the increase to such fees that shall result from the provisions  of
   26  this  section  shall  not,  in  the  aggregate  and as determined by the
   27  commissioner of health in consultation with the commissioners of  mental
   28  health  and alcoholism and substance abuse services, be greater than the
   29  increased funds made available pursuant to this section. The increase of
   30  such behavioral health fees to providers available  under  this  section
   31  shall  be  for all rate periods on and after the effective date of [the]
   32  SECTION 15 OF PART C OF chapter 60 of the laws of  2014  [which  amended
   33  this  section] through December 31, 2016 for patients in the city of New
   34  York, for all rate periods on and after  the  effective  date  of  [the]
   35  SECTION  15  OF  PART C OF chapter 60 of the laws of 2014 [which amended
   36  this section] through June 30, 2017 for patients outside the city of New
   37  York, and for all rate periods on and after the effective date of  [the]
   38  SECTION  15  OF  PART C OF chapter 60 of the laws of 2014 [which amended
   39  this section] through December 31, 2017 for  all  services  provided  to
   40  persons  under  the  age  of twenty-one; provided, however, that managed
   41  care organizations and providers may negotiate different rates and meth-
   42  ods of payment during such periods described, subject to the approval of
   43  the department of health. The department of health  shall  consult  with
   44  the  office of alcoholism and substance abuse services and the office of
   45  mental health in determining whether such  alternative  rates  shall  be
   46  approved.  The  commissioner  of  health  may,  in consultation with the
   47  commissioners of  mental  health  and  alcoholism  and  substance  abuse
   48  services,   promulgate   regulations,  including  emergency  regulations
   49  promulgated prior to October 1, 2013 that establish rates for behavioral
   50  health services, as are necessary to implement the  provisions  of  this
   51  section.  Rates  promulgated under this section shall be included in the
   52  report required under section 45-c of part A of chapter 56 of  the  laws
   53  of 2013.
   54    B.  NOTWITHSTANDING  ANY  CONTRARY  PROVISION OF LAW, THE FEES PAID BY
   55  MANAGED CARE ORGANIZATIONS LICENSED  UNDER  ARTICLE  44  OF  THE  PUBLIC
   56  HEALTH  LAW  OR  UNDER  ARTICLE  43  OF  THE INSURANCE LAW, TO PROVIDERS
       S. 2007                            31                            A. 3007
    1  LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW OR  ARTICLE  31
    2  OR  32  OF  THE  MENTAL  HYGIENE  LAW,  FOR AMBULATORY BEHAVIORAL HEALTH
    3  SERVICES PROVIDED TO PATIENTS ENROLLED IN  THE  CHILD  HEALTH  INSURANCE
    4  PROGRAM  PURSUANT TO TITLE ONE-A OF ARTICLE 25 OF THE PUBLIC HEALTH LAW,
    5  SHALL BE IN THE FORM OF FEES FOR SUCH SERVICES WHICH ARE  EQUIVALENT  TO
    6  THE  PAYMENTS ESTABLISHED FOR SUCH SERVICES UNDER THE AMBULATORY PATIENT
    7  GROUP (APG) RATE-SETTING METHODOLOGY. THE COMMISSIONER OF  HEALTH  SHALL
    8  CONSULT WITH THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
    9  AND  THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH IN DETERMINING SUCH
   10  SERVICES AND ESTABLISHING SUCH FEES. SUCH AMBULATORY  BEHAVIORAL  HEALTH
   11  FEES  TO  PROVIDERS  AVAILABLE  UNDER THIS SECTION SHALL BE FOR ALL RATE
   12  PERIODS ON AND AFTER THE EFFECTIVE DATE OF THIS CHAPTER THROUGH DECEMBER
   13  31, 2016 FOR PATIENTS IN THE CITY OF NEW YORK, AND FOR ALL RATE  PERIODS
   14  ON  AND  AFTER  THE EFFECTIVE DATE OF THIS CHAPTER THROUGH JUNE 30, 2017
   15  FOR PATIENTS OUTSIDE THE CITY  OF  NEW  YORK,  PROVIDED,  HOWEVER,  THAT
   16  MANAGED  CARE  ORGANIZATIONS AND PROVIDERS MAY NEGOTIATE DIFFERENT RATES
   17  AND METHODS OF PAYMENT DURING SUCH PERIODS DESCRIBED ABOVE,  SUBJECT  TO
   18  THE APPROVAL OF THE DEPARTMENT OF HEALTH. THE DEPARTMENT OF HEALTH SHALL
   19  CONSULT  WITH  THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND
   20  THE OFFICE OF MENTAL HEALTH  IN  DETERMINING  WHETHER  SUCH  ALTERNATIVE
   21  RATES SHALL BE APPROVED.
   22    S  3. Notwithstanding any inconsistent provision of law, rule or regu-
   23  lation, for purposes of implementing the provisions of the public health
   24  law and the social services law, references to titles XIX and XXI of the
   25  federal social security act in the public  health  law  and  the  social
   26  services  law  shall be deemed to include and also to mean any successor
   27  titles thereto under the federal social security act.
   28    S 4. Notwithstanding any inconsistent provision of law, rule or  regu-
   29  lation, the effectiveness of the provisions of sections 2807 and 3614 of
   30  the  public health law, section 18 of chapter 2 of the laws of 1988, and
   31  18 NYCRR 505.14(h), as they relate to time frames for  notice,  approval
   32  or  certification  of rates of payment, are hereby suspended and without
   33  force or effect for purposes of implementing the provisions of this act.
   34    S 5. Severability clause. If any clause, sentence, paragraph, subdivi-
   35  sion, section or part of this act shall be  adjudged  by  any  court  of
   36  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   37  impair or invalidate the remainder thereof, but shall be confined in its
   38  operation to the clause, sentence, paragraph,  subdivision,  section  or
   39  part thereof directly involved in the controversy in which such judgment
   40  shall  have been rendered. It is hereby declared to be the intent of the
   41  legislature that this act would have been enacted even if  such  invalid
   42  provisions had not been included herein.
   43    S  6.  This  act  shall take effect immediately and shall be deemed to
   44  have been in full force and effect on and after April 1, 2015. Provided,
   45  however that:
   46    1. any rules or regulations necessary to implement the  provisions  of
   47  this  act  may be promulgated and any procedures, forms, or instructions
   48  necessary for such implementation may be adopted and issued on or  after
   49  the date this act shall have become a law;
   50    2. this act shall not be construed to alter, change, affect, impair or
   51  defeat any rights, obligations, duties or interests accrued, incurred or
   52  conferred prior to the effective date of this act;
   53    3. the commissioner of health and the superintendent of the department
   54  of  financial  services  and  any appropriate council may take any steps
   55  necessary to implement this act prior to its effective date;
       S. 2007                            32                            A. 3007
    1    4. notwithstanding any inconsistent provision of the state administra-
    2  tive procedure act or any other provision of law,  rule  or  regulation,
    3  the  commissioner  of health and the superintendent of the department of
    4  financial services and any appropriate council is authorized to adopt or
    5  amend  or  promulgate  on an emergency basis any regulation he or she or
    6  such council determines necessary to implement any provision of this act
    7  on its effective date;
    8    5. the provisions of this act shall become  effective  notwithstanding
    9  the  failure  of the commissioner of health or the superintendent of the
   10  department of financial services or any council to  adopt  or  amend  or
   11  promulgate regulations implementing this act; and
   12    6.  the amendments to section 48-a of part A of chapter 56 of the laws
   13  of 2013 made by section one of this act and the amendments to section  1
   14  of part H of chapter 111 of the laws of 2010 made by section two of this
   15  act shall not affect the expiration of such sections and shall be deemed
   16  to expire therewith.
   17                                   PART D
   18    Section 1. Section 11 of chapter 884 of the laws of 1990, amending the
   19  public  health  law  relating  to  authorizing bad debt and charity care
   20  allowances for certified home health agencies, as amended by  section  3
   21  of  part  B  of  chapter  56  of the laws of 2013, is amended to read as
   22  follows:
   23    S 11. This act shall take effect immediately and:
   24    (a) sections one and three shall expire on December 31, 1996,
   25    (b) [sections four through ten shall expire on June 30, 2015, and
   26    (c)] provided that the amendment  to  section  2807-b  of  the  public
   27  health law by section two of this act shall not affect the expiration of
   28  such  section 2807-b as otherwise provided by law and shall be deemed to
   29  expire therewith.
   30    S 2. Subdivision 2 of section 246 of chapter 81 of the laws  of  1995,
   31  amending  the  public  health  law  and  other  laws relating to medical
   32  reimbursement and welfare reform, as amended by section 4 of part  B  of
   33  chapter 56 of the laws of 2013, is amended to read as follows:
   34    2.  Sections  five,  seven  through nine, twelve through fourteen, and
   35  eighteen of this act shall be deemed to have  been  in  full  force  and
   36  effect  on  and  after  April  1, 1995 through March 31, 1999 and on and
   37  after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
   38  through March 31, 2003 and on and after April 1, 2003 through March  31,
   39  2006  and  on  and after April 1, 2006 through March 31, 2007 and on and
   40  after April 1, 2007 through March 31, 2009 and on  and  after  April  1,
   41  2009  through  March 31, 2011 and sections twelve, thirteen and fourteen
   42  of this act shall be deemed to be in full force and effect on and  after
   43  April 1, 2011 [through March 31, 2015];
   44    S  3.  Subparagraph  (vi) of paragraph (b) of subdivision 2 of section
   45  2807-d of the public health law, as amended by section 5 of  part  B  of
   46  chapter 56 of the laws of 2013, is amended to read as follows:
   47    (vi)  Notwithstanding  any contrary provision of this paragraph or any
   48  other provision of law or regulation to the  contrary,  for  residential
   49  health care facilities the assessment shall be six percent of each resi-
   50  dential  health care facility's gross receipts received from all patient
   51  care services and other operating income on a cash basis for the  period
   52  April  first,  two thousand two through March thirty-first, two thousand
   53  three for hospital  or  health-related  services,  including  adult  day
   54  services;  provided,  however,  that residential health care facilities'
       S. 2007                            33                            A. 3007
    1  gross receipts attributable to payments received pursuant to title XVIII
    2  of the federal social security act (medicare) shall be excluded from the
    3  assessment; provided, however, that for all such gross receipts received
    4  on  or after April first, two thousand three through March thirty-first,
    5  two thousand five, such assessment shall be five  percent,  and  further
    6  provided  that  for  all  such gross receipts received on or after April
    7  first, two thousand five through March thirty-first, two thousand  nine,
    8  and  on  or  after  April first, two thousand nine through March thirty-
    9  first, two thousand eleven such assessment shall  be  six  percent,  and
   10  further  provided  that for all such gross receipts received on or after
   11  April first, two thousand eleven through March thirty-first,  two  thou-
   12  sand thirteen such assessment shall be six percent, and further provided
   13  that  for  all such gross receipts received on or after April first, two
   14  thousand thirteen through March thirty-first, two thousand fifteen  such
   15  assessment  shall be six percent, AND FURTHER PROVIDED THAT FOR ALL SUCH
   16  GROSS RECEIPTS RECEIVED ON OR AFTER APRIL FIRST,  TWO  THOUSAND  FIFTEEN
   17  SUCH ASSESSMENT SHALL BE SIX PERCENT.
   18    S  4.  Section 88 of chapter 659 of the laws of 1997, constituting the
   19  long term care integration and  finance  act  of  1997,  as  amended  by
   20  section  6  of  part  B of chapter 56 of the laws of 2013, is amended to
   21  read as follows:
   22    S 88. Notwithstanding any provision of law to the contrary, all  oper-
   23  ating demonstrations, as such term is defined in paragraph (c) of subdi-
   24  vision  1 of section 4403-f of the public health law as added by section
   25  eighty-two of this act, due to expire prior to January 1, 2001 shall  be
   26  deemed  to [expire on December 31, 2015] REMAIN IN FULL FORCE AND EFFECT
   27  SUBSEQUENT TO SUCH DATE.
   28    S 5. Subdivision 1 of section 194 of chapter 474 of the laws of  1996,
   29  amending the education law and other laws relating to rates for residen-
   30  tial  health care facilities, as amended by section 9 of part B of chap-
   31  ter 56 of the laws of 2013, is amended to read as follows:
   32    1. Notwithstanding any inconsistent provision of  law  or  regulation,
   33  the  trend  factors  used to project reimbursable operating costs to the
   34  rate period for purposes of determining rates  of  payment  pursuant  to
   35  article  28 of the public health law for residential health care facili-
   36  ties for reimbursement of inpatient services provided to patients eligi-
   37  ble for payments made by state governmental agencies on and after  April
   38  1,  1996  through March 31, 1999 and for payments made on and after July
   39  1, 1999 through March 31, 2000 and on and after April  1,  2000  through
   40  March 31, 2003 and on and after April 1, 2003 through March 31, 2007 and
   41  on and after April 1, 2007 through March 31, 2009 and on and after April
   42  1,  2009  through  March 31, 2011 and on and after April 1, 2011 through
   43  March 31, 2013 and on and after April 1, 2013 through March 31,  2015  ,
   44  AND  FOR EACH STATE FISCAL YEAR THEREAFTER shall reflect no trend factor
   45  projections or adjustments for the period April 1, 1996,  through  March
   46  31, 1997.
   47    S 6. Subdivision 1 of section 89-a of part C of chapter 58 of the laws
   48  of  2007,  amending  the  social services law and other laws relating to
   49  enacting the major components of legislation necessary to implement  the
   50  health and mental hygiene budget for the 2007-2008 state fiscal year, as
   51  amended  by  section  10 of part B of chapter 56 of the laws of 2013, is
   52  amended to read as follows:
   53    1. Notwithstanding paragraph (c) of subdivision 10 of  section  2807-c
   54  of  the  public  health  law  and section 21 of chapter 1 of the laws of
   55  1999, as amended, and any other inconsistent provision of law  or  regu-
   56  lation  to  the  contrary,  in  determining  rates  of payments by state
       S. 2007                            34                            A. 3007
    1  governmental agencies effective for services provided beginning April 1,
    2  2006, [through March 31, 2009, and on and after April  1,  2009  through
    3  March  31,  2011, and on and after April 1, 2011 through March 31, 2013,
    4  and on and after April 1, 2013 through March 31, 2015] for inpatient and
    5  outpatient  services  provided  by  general  hospitals and for inpatient
    6  services and outpatient adult day health care services provided by resi-
    7  dential health care facilities pursuant to  article  28  of  the  public
    8  health  law,  the  commissioner  of  health  shall  apply a trend factor
    9  projection of two and twenty-five hundredths percent attributable to the
   10  period January 1, 2006 through December 31, 2006, and on and after Janu-
   11  ary 1, 2007, provided, however, that on  reconciliation  of  such  trend
   12  factor for the period January 1, 2006 through December 31, 2006 pursuant
   13  to  paragraph  (c)  of  subdivision  10  of section 2807-c of the public
   14  health law, such trend factor shall be the final US Consumer Price Index
   15  (CPI) for all urban consumers, as published  by  the  US  Department  of
   16  Labor,  Bureau  of  Labor  Statistics  less  twenty-five hundredths of a
   17  percentage point.
   18    S 7. Paragraph (f) of subdivision 1 of section 64 of chapter 81 of the
   19  laws of 1995, amending the public health law and other laws relating  to
   20  medical  reimbursement  and  welfare reform, as amended by section 11 of
   21  part B of chapter 56 of the laws of 2013, is amended to read as follows:
   22    (f) Prior to February 1, 2001, February 1,  2002,  February  1,  2003,
   23  February  1, 2004, February 1, 2005, February 1, 2006, February 1, 2007,
   24  February 1, 2008, February 1, 2009, February 1, 2010, February 1,  2011,
   25  February 1, 2012, February 1, 2013 [and], February 1, 2014 [and], Febru-
   26  ary 1, 2015 AND PRIOR TO EACH FEBRUARY FIRST THEREAFTER the commissioner
   27  of  health shall calculate the result of the statewide total of residen-
   28  tial health care facility days of  care  provided  to  beneficiaries  of
   29  title  XVIII  of  the federal social security act (medicare), divided by
   30  the sum of such days of care plus days of  care  provided  to  residents
   31  eligible  for  payments  pursuant to title 11 of article 5 of the social
   32  services law minus the number of days provided  to  residents  receiving
   33  hospice care, expressed as a percentage, for the period commencing Janu-
   34  ary  1,  through  November  30, of the prior year respectively, based on
   35  such data for such period. This value shall be called  the  2000,  2001,
   36  2002,  2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013,
   37  2014 [and], 2015 AND FOR EACH SUBSEQUENT YEAR SUCH PERCENTAGE  SHALL  BE
   38  CALLED  THE statewide target percentage [respectively] OF THE RESPECTIVE
   39  YEAR.
   40    S 8. Subparagraph (ii) of paragraph (b) of subdivision 3 of section 64
   41  of chapter 81 of the laws of 1995, amending the public  health  law  and
   42  other  laws  relating  to  medical  reimbursement and welfare reform, as
   43  amended by section 12 of part B of chapter 56 of the laws  of  2013,  is
   44  amended to read as follows:
   45    (ii)  If  the  1997,  1998,  2000, 2001, 2002, 2003, 2004, 2005, 2006,
   46  2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 [and], 2015 OR SUBSEQUENT
   47  YEARS' statewide target percentages are not for each year at least three
   48  percentage points higher than the statewide base percentage, the commis-
   49  sioner of health shall determine the percentage by which  the  statewide
   50  target  percentage for each year is not at least three percentage points
   51  higher than the statewide base  percentage.  The  percentage  calculated
   52  pursuant  to  this paragraph shall be called the 1997, 1998, 2000, 2001,
   53  2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012,  2013,
   54  2014  [and],  2015 AND FOR EACH SUBSEQUENT YEAR SUCH PERCENTAGE SHALL BE
   55  CALLED THE statewide reduction percentage [respectively] OF THE  RESPEC-
   56  TIVE YEAR.  If the 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
       S. 2007                            35                            A. 3007
    1  2007,  2008, 2009, 2010, 2011, 2012, 2013[;], 2014 [and], 2015 OR SUBSE-
    2  QUENT YEARS' statewide target percentage for the respective year  is  at
    3  least three percentage points higher than the statewide base percentage,
    4  the  statewide  reduction  percentage  for  the respective year shall be
    5  zero.
    6    S 9. Subparagraph (iii) of paragraph (b) of subdivision 4  of  section
    7  64 of chapter 81 of the laws of 1995, amending the public health law and
    8  other  laws  relating  to  medical  reimbursement and welfare reform, as
    9  amended by section 13 of part B of chapter 56 of the laws  of  2013,  is
   10  amended to read as follows:
   11    (iii)  The 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008,
   12  2009, 2010, 2011, 2012, 2013, 2014  [and],  2015  OR  SUBSEQUENT  YEARS'
   13  statewide  reduction  percentage  shall be multiplied by one hundred two
   14  million dollars respectively to determine the 1998,  2000,  2001,  2002,
   15  2003,  2004,  2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014
   16  [and],  2015  OR  RESPECTIVE  SUBSEQUENT  YEARS'   statewide   aggregate
   17  reduction  amount.  If  the  1998  and the 2000, 2001, 2002, 2003, 2004,
   18  2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014  [and],  2015
   19  OR  RESPECTIVE SUBSEQUENT YEARS' statewide reduction percentage shall be
   20  zero respectively, there shall be no 1998, 2000, 2001, 2002, 2003, 2004,
   21  2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014  [and],  2015
   22  OR RESPECTIVE SUBSEQUENT YEARS' reduction amount.
   23    S  10.  Section  228  of chapter 474 of the laws of 1996, amending the
   24  education law and other laws relating to rates  for  residential  health
   25  care  facilities,  as amended by section 14-a of part B of chapter 56 of
   26  the laws of 2013, is amended to read as follows:
   27    S 228. 1. Definitions. (a) Regions,  for  purposes  of  this  section,
   28  shall  mean  a downstate region to consist of Kings, New York, Richmond,
   29  Queens, Bronx, Nassau and Suffolk counties  and  an  upstate  region  to
   30  consist  of  all  other New York state counties. A certified home health
   31  agency or long term home health care program shall  be  located  in  the
   32  same county utilized by the commissioner of health for the establishment
   33  of rates pursuant to article 36 of the public health law.
   34    (b)  Certified  home  health  agency  (CHHA)  shall  mean such term as
   35  defined in section 3602 of the public health law.
   36    (c) Long term home health care program (LTHHCP) shall mean  such  term
   37  as defined in subdivision 8 of section 3602 of the public health law.
   38    (d) Regional group shall mean all those CHHAs and LTHHCPs, respective-
   39  ly, located within a region.
   40    (e)  Medicaid  revenue percentage, for purposes of this section, shall
   41  mean CHHA and LTHHCP  revenues  attributable  to  services  provided  to
   42  persons  eligible  for payments pursuant to title 11 of article 5 of the
   43  social services law divided by such revenues plus CHHA and LTHHCP reven-
   44  ues attributable to services provided to beneficiaries of Title XVIII of
   45  the federal social security act (medicare).
   46    (f) Base period, for purposes of this  section,  shall  mean  calendar
   47  year 1995.
   48    (g) Target period. For purposes of this section, the 1996 target peri-
   49  od  shall  mean  August  1, 1996 through March 31, 1997, the 1997 target
   50  period shall mean January 1, 1997 through November 30,  1997,  the  1998
   51  target  period shall mean January 1, 1998 through November 30, 1998, the
   52  1999 target period shall mean January 1, 1999 through November 30, 1999,
   53  the 2000 target period shall mean January 1, 2000 through  November  30,
   54  2000, the 2001 target period shall mean January 1, 2001 through November
   55  30,  2001,  the  2002  target  period shall mean January 1, 2002 through
   56  November 30, 2002, the 2003 target period shall  mean  January  1,  2003
       S. 2007                            36                            A. 3007
    1  through  November 30, 2003, the 2004 target period shall mean January 1,
    2  2004 through November 30, 2004, and the 2005 target  period  shall  mean
    3  January  1, 2005 through November 30, 2005, the 2006 target period shall
    4  mean  January  1,  2006  through  November 30, 2006, and the 2007 target
    5  period shall mean January 1, 2007 through November 30, 2007 and the 2008
    6  target period shall mean January 1, 2008 through November 30, 2008,  and
    7  the  2009  target period shall mean January 1, 2009 through November 30,
    8  2009 and the 2010 target period  shall  mean  January  1,  2010  through
    9  November  30, 2010 and the 2011 target period shall mean January 1, 2011
   10  through November 30, 2011 and the 2012 target period shall mean  January
   11  1,  2012 through November 30, 2012 and the 2013 target period shall mean
   12  January 1, 2013 through November 30, 2013, and the  2014  target  period
   13  shall mean January 1, 2014 through November 30, 2014 and the 2015 target
   14  period  shall  mean  January  1, 2015 through November 30, 2015 AND EACH
   15  JANUARY 1 THROUGH EACH NOVEMBER 30 OF A CALENDAR YEAR  THEREAFTER  SHALL
   16  MEAN SUCH YEARS' RESPECTIVE TARGET PERIOD.
   17    2.  (a) Prior to February 1, 1997, for each regional group the commis-
   18  sioner of health shall calculate the 1996 medicaid  revenue  percentages
   19  for the period commencing August 1, 1996 to the last date for which such
   20  data is available and reasonably accurate.
   21    (b)  Prior  to  February  1, 1998, prior to February 1, 1999, prior to
   22  February 1, 2000, prior to February 1, 2001, prior to February 1,  2002,
   23  prior  to February 1, 2003, prior to February 1, 2004, prior to February
   24  1, 2005, prior to February 1, 2006, prior to February 1, 2007, prior  to
   25  February  1, 2008, prior to February 1, 2009, prior to February 1, 2010,
   26  prior to February 1, 2011, prior to February 1, 2012, prior to  February
   27  1,  2013,  prior  to February 1, 2014 and prior to February 1, 2015, AND
   28  PRIOR TO FEBRUARY FIRST EACH YEAR THEREAFTER, for  each  regional  group
   29  the  commissioner  of  health  shall calculate the prior year's medicaid
   30  revenue percentages for the period commencing January 1 through November
   31  30 of such prior year.
   32    3. By September 15, 1996, for each regional group the commissioner  of
   33  health shall calculate the base period medicaid revenue percentage.
   34    4.  (a)  For  each  regional  group,  the 1996 target medicaid revenue
   35  percentage shall be calculated by subtracting the 1996 medicaid  revenue
   36  reduction percentages from the base period medicaid revenue percentages.
   37  The  1996  medicaid  revenue  reduction  percentage, taking into account
   38  regional and program differences in utilization of medicaid and medicare
   39  services, for the following regional groups shall be equal to:
   40    (i) one and one-tenth percentage points for CHHAs located  within  the
   41  downstate region;
   42    (ii)  six-tenths  of one percentage point for CHHAs located within the
   43  upstate region;
   44    (iii) one and eight-tenths percentage points for LTHHCPs located with-
   45  in the downstate region; and
   46    (iv) one and seven-tenths percentage points for LTHHCPs located within
   47  the upstate region.
   48    (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004,  2005,  2006,  2007,
   49  2008,  2009,  2010,  2011,  2012,  2013, 2014 [and], 2015, AND EACH YEAR
   50  THEREAFTER,  for  each  regional  group,  the  target  medicaid  revenue
   51  percentage  for  the  respective year shall be calculated by subtracting
   52  the respective year's medicaid revenue  reduction  percentage  from  the
   53  base  period medicaid revenue percentage. The medicaid revenue reduction
   54  percentages for 1997, 1998, 2000, 2001, 2002, 2003,  2004,  2005,  2006,
   55  2007,  2008,  2009,  2010,  2011, 2012, 2013, 2014 [and], 2015, AND EACH
   56  YEAR THEREAFTER, taking into account regional and program differences in
       S. 2007                            37                            A. 3007
    1  utilization  of  medicaid  and  medicare  services,  for  the  following
    2  regional groups shall be equal to for each such year:
    3    (i)  one  and one-tenth percentage points for CHHAs located within the
    4  downstate region;
    5    (ii) six-tenths of one percentage point for CHHAs located  within  the
    6  upstate region;
    7    (iii) one and eight-tenths percentage points for LTHHCPs located with-
    8  in the downstate region; and
    9    (iv) one and seven-tenths percentage points for LTHHCPs located within
   10  the upstate region.
   11    (c) For each regional group, the 1999 target medicaid revenue percent-
   12  age  shall  be  calculated  by  subtracting  the  1999  medicaid revenue
   13  reduction percentage from the base period medicaid  revenue  percentage.
   14  The  1999  medicaid  revenue  reduction percentages, taking into account
   15  regional and program differences in utilization of medicaid and medicare
   16  services, for the following regional groups shall be equal to:
   17    (i) eight hundred twenty-five thousandths  (.825)  of  one  percentage
   18  point for CHHAs located within the downstate region;
   19    (ii)  forty-five  hundredths  (.45)  of one percentage point for CHHAs
   20  located within the upstate region;
   21    (iii) one and thirty-five  hundredths  percentage  points  (1.35)  for
   22  LTHHCPs located within the downstate region; and
   23    (iv)  one  and  two hundred seventy-five thousandths percentage points
   24  (1.275) for LTHHCPs located within the upstate region.
   25    5. (a) For each regional group, if the 1996 medicaid revenue  percent-
   26  age  is  not  equal  to  or  less  than the 1996 target medicaid revenue
   27  percentage, the commissioner of health shall compare the  1996  medicaid
   28  revenue  percentage  to  the  1996 target medicaid revenue percentage to
   29  determine the amount of the shortfall which, when divided  by  the  1996
   30  medicaid   revenue  reduction  percentage,  shall  be  called  the  1996
   31  reduction factor. These amounts, expressed as a  percentage,  shall  not
   32  exceed  one  hundred percent. If the 1996 medicaid revenue percentage is
   33  equal to or less than the 1996 target medicaid revenue  percentage,  the
   34  1996 reduction factor shall be zero.
   35    (b)  For  1997,  1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
   36  2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 [and], 2015, AND FOR EACH
   37  YEAR THEREAFTER, for  each  regional  group,  if  the  medicaid  revenue
   38  percentage  for  the  respective  year  is not equal to or less than the
   39  target medicaid revenue percentage for such respective year, the commis-
   40  sioner of health shall compare such respective year's  medicaid  revenue
   41  percentage  to such respective year's target medicaid revenue percentage
   42  to determine the amount of the shortfall  which,  when  divided  by  the
   43  respective year's medicaid revenue reduction percentage, shall be called
   44  the  reduction factor for such respective year. These amounts, expressed
   45  as a percentage, shall not exceed one hundred percent. If  the  medicaid
   46  revenue  percentage  for  a particular year is equal to or less than the
   47  target medicaid revenue percentage for that year, the  reduction  factor
   48  for that year shall be zero.
   49    6.  (a)  For  each  regional group, the 1996 reduction factor shall be
   50  multiplied by the following amounts to determine each  regional  group's
   51  applicable 1996 state share reduction amount:
   52    (i) two million three hundred ninety thousand dollars ($2,390,000) for
   53  CHHAs located within the downstate region;
   54    (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
   55  within the upstate region;
       S. 2007                            38                            A. 3007
    1    (iii)  one  million  two hundred seventy thousand dollars ($1,270,000)
    2  for LTHHCPs located within the downstate region; and
    3    (iv)  five  hundred  ninety  thousand  dollars  ($590,000) for LTHHCPs
    4  located within the upstate region.
    5    For each regional group reduction, if the 1996 reduction factor  shall
    6  be zero, there shall be no 1996 state share reduction amount.
    7    (b)  For  1997,  1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
    8  2008, 2009, 2010, 2011, 2012, 2013, 2014 [and], 2015, AND FOR EACH  YEAR
    9  THEREAFTER,  for  each  regional  group,  the  reduction  factor for the
   10  respective year shall be multiplied by the following amounts  to  deter-
   11  mine  each  regional group's applicable state share reduction amount for
   12  such respective year:
   13    (i) two million three hundred ninety thousand dollars ($2,390,000) for
   14  CHHAs located within the downstate region;
   15    (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
   16  within the upstate region;
   17    (iii) one million two hundred seventy  thousand  dollars  ($1,270,000)
   18  for LTHHCPs located within the downstate region; and
   19    (iv)  five  hundred  ninety  thousand  dollars  ($590,000) for LTHHCPs
   20  located within the upstate region.
   21    For each regional group reduction,  if  the  reduction  factor  for  a
   22  particular  year  shall be zero, there shall be no state share reduction
   23  amount for such year.
   24    (c) For each regional group, the 1999 reduction factor shall be multi-
   25  plied by the following amounts to determine each regional group's appli-
   26  cable 1999 state share reduction amount:
   27    (i) one million seven hundred ninety-two thousand five hundred dollars
   28  ($1,792,500) for CHHAs located within the downstate region;
   29    (ii) five hundred sixty-two thousand five hundred  dollars  ($562,500)
   30  for CHHAs located within the upstate region;
   31    (iii)  nine hundred fifty-two thousand five hundred dollars ($952,500)
   32  for LTHHCPs located within the downstate region; and
   33    (iv) four hundred forty-two thousand five hundred  dollars  ($442,500)
   34  for LTHHCPs located within the upstate region.
   35    For  each regional group reduction, if the 1999 reduction factor shall
   36  be zero, there shall be no 1999 state share reduction amount.
   37    7. (a) For each regional group, the 1996 state share reduction  amount
   38  shall be allocated by the commissioner of health among CHHAs and LTHHCPs
   39  on  the  basis  of  the  extent  of  each CHHA's and LTHHCP's failure to
   40  achieve the 1996 target medicaid revenue  percentage,  calculated  on  a
   41  provider  specific  basis utilizing revenues for this purpose, expressed
   42  as a proportion of the total of each  CHHA's  and  LTHHCP's  failure  to
   43  achieve  the 1996 target medicaid revenue percentage within the applica-
   44  ble regional group. This proportion shall be multiplied by the  applica-
   45  ble  1996 state share reduction amount calculation pursuant to paragraph
   46  (a) of subdivision 6 of this section. This amount shall  be  called  the
   47  1996 provider specific state share reduction amount.
   48    (b)  For  1997,  1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
   49  2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 [and], 2015, AND FOR EACH
   50  YEAR THEREAFTER, for each regional  group,  the  state  share  reduction
   51  amount for the respective year shall be allocated by the commissioner of
   52  health among CHHAs and LTHHCPs on the basis of the extent of each CHHA's
   53  and  LTHHCP's  failure to achieve the target medicaid revenue percentage
   54  for the applicable year, calculated on a provider specific basis utiliz-
   55  ing revenues for this purpose, expressed as a proportion of the total of
   56  each CHHA's and LTHHCP's failure to achieve the target medicaid  revenue
       S. 2007                            39                            A. 3007
    1  percentage for the applicable year within the applicable regional group.
    2  This proportion shall be multiplied by the applicable year's state share
    3  reduction  amount calculation pursuant to paragraph (b) or (c) of subdi-
    4  vision  6  of  this  section.  This  amount shall be called the provider
    5  specific state share reduction amount for the applicable year.
    6    8. (a) The 1996 provider specific state share reduction  amount  shall
    7  be due to the state from each CHHA and LTHHCP and may be recouped by the
    8  state  by  March  31, 1997 in a lump sum amount or amounts from payments
    9  due to the CHHA and LTHHCP pursuant to title 11  of  article  5  of  the
   10  social services law.
   11    (b) The provider specific state share reduction amount for 1997, 1998,
   12  1999,  2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,
   13  2011, 2012, 2013, 2014  [and],  2015,  AND  FOR  EACH  YEAR  THEREAFTER,
   14  respectively,  shall  be  due to the state from each CHHA and LTHHCP and
   15  each year the amount due for such year may be recouped by the  state  by
   16  March  31  of  the  following  year in a lump sum amount or amounts from
   17  payments due to the CHHA and LTHHCP pursuant to title 11 of article 5 of
   18  the social services law.
   19    9. CHHAs and LTHHCPs shall submit such data and  information  at  such
   20  times  as  the  commissioner  of health may require for purposes of this
   21  section. The commissioner of health may use data available  from  third-
   22  party payors.
   23    10. On or about June 1, 1997, for each regional group the commissioner
   24  of  health  shall  calculate for the period August 1, 1996 through March
   25  31, 1997 a medicaid revenue percentage,  a  reduction  factor,  a  state
   26  share  reduction  amount,  and a provider specific state share reduction
   27  amount in accordance with the methodology provided in paragraph  (a)  of
   28  subdivision 2, paragraph (a) of subdivision 5, paragraph (a) of subdivi-
   29  sion  6 and paragraph (a) of subdivision 7 of this section. The provider
   30  specific state share reduction amount calculated in accordance with this
   31  subdivision shall be compared to the 1996 provider specific state  share
   32  reduction amount calculated in accordance with paragraph (a) of subdivi-
   33  sion 7 of this section. Any amount in excess of the amount determined in
   34  accordance  with paragraph (a) of subdivision 7 of this section shall be
   35  due to the state from each CHHA  and  LTHHCP  and  may  be  recouped  in
   36  accordance  with  paragraph (a) of subdivision 8 of this section. If the
   37  amount is less than the amount determined in accordance  with  paragraph
   38  (a)  of  subdivision 7 of this section, the difference shall be refunded
   39  to the CHHA and LTHHCP by the state no later than July 15,  1997.  CHHAs
   40  and  LTHHCPs  shall  submit  data  for the period August 1, 1996 through
   41  March 31, 1997 to the commissioner of health by April 15, 1997.
   42    11. If a CHHA or LTHHCP  fails  to  submit  data  and  information  as
   43  required for purposes of this section:
   44    (a) such CHHA or LTHHCP shall be presumed to have no decrease in medi-
   45  caid  revenue  percentage  between  the  applicable  base period and the
   46  applicable target period for purposes of the  calculations  pursuant  to
   47  this section; and
   48    (b)  the  commissioner of health shall reduce the current rate paid to
   49  such CHHA and such LTHHCP by state  governmental  agencies  pursuant  to
   50  article  36  of the public health law by one percent for a period begin-
   51  ning on the first day of the calendar month following the applicable due
   52  date as established by the commissioner of health and  continuing  until
   53  the last day of the calendar month in which the required data and infor-
   54  mation are submitted.
   55    12. The commissioner of health shall inform in writing the director of
   56  the  budget  and the chair of the senate finance committee and the chair
       S. 2007                            40                            A. 3007
    1  of the assembly ways and means committee of the results  of  the  calcu-
    2  lations pursuant to this section.
    3    S  11.  Subdivision  5-a  of  section 246 of chapter 81 of the laws of
    4  1995, amending the public health law and other laws relating to  medical
    5  reimbursement  and welfare reform, as amended by section 15 of part B of
    6  chapter 56 of the laws of 2013, is amended to read as follows:
    7    5-a. Section sixty-four-a of this act shall be deemed to have been  in
    8  full force and effect on and after April 1, 1995 [through March 31, 1999
    9  and  on  and  after July 1, 1999 through March 31, 2000 and on and after
   10  April 1, 2000 through March 31, 2003 and on  and  after  April  1,  2003
   11  through March 31, 2007, and on and after April 1, 2007 through March 31,
   12  2009,  and on and after April 1, 2009 through March 31, 2011, and on and
   13  after April 1, 2011 through March 31, 2013, and on and  after  April  1,
   14  2013 through March 31, 2015];
   15    S  12.  Section  64-b  of chapter 81 of the laws of 1995, amending the
   16  public health law and other laws relating to medical  reimbursement  and
   17  welfare  reform, as amended by section 16 of part B of chapter 56 of the
   18  laws of 2013, is amended to read as follows:
   19    S  64-b.  Notwithstanding  any  inconsistent  provision  of  law,  the
   20  provisions of subdivision 7 of section 3614 of the public health law, as
   21  amended,  shall  remain and be in full force and effect on April 1, 1995
   22  through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
   23  and after April 1, 2000 through March 31, 2003 and on and after April 1,
   24  2003 through March 31, 2007, and on and  after  April  1,  2007  through
   25  March  31,  2009, and on and after April 1, 2009 through March 31, 2011,
   26  and on and after April 1, 2011 through March 31, 2013, and on and  after
   27  April 1, 2013 through March 31, 2015, AND FOR EACH YEAR THEREAFTER.
   28    S  13. Subdivision 1 of section 20 of chapter 451 of the laws of 2007,
   29  amending the public health law, the social services law and  the  insur-
   30  ance   law,   relating  to  providing  enhanced  consumer  and  provider
   31  protections, as amended by section 17 of part B of  chapter  56  of  the
   32  laws of 2013, is amended to read as follows:
   33    1.  sections  four, eleven and thirteen  of this act shall take effect
   34  immediately [and shall expire and be deemed repealed June 30, 2015];
   35    S 14. The opening paragraph of subdivision 7-a of section 3614 of  the
   36  public  health  law, as amended by section 18 of part B of chapter 56 of
   37  the laws of 2013, is amended to read as follows:
   38    Notwithstanding any inconsistent provision of law or  regulation,  for
   39  the  purposes  of establishing rates of payment by governmental agencies
   40  for long term home health care programs for the period April first,  two
   41  thousand five, through December thirty-first, two thousand five, and for
   42  the  period  January first, two thousand six through March thirty-first,
   43  two thousand seven, and on and after April  first,  two  thousand  seven
   44  through  March  thirty-first,  two thousand nine, and on and after April
   45  first, two thousand nine through March thirty-first, two thousand  elev-
   46  en,  and  on  and  after  April first, two thousand eleven through March
   47  thirty-first, two thousand thirteen and on and after  April  first,  two
   48  thousand  thirteen through March thirty-first, two thousand fifteen, AND
   49  FOR EACH YEAR THEREAFTER, the reimbursable base year administrative  and
   50  general  costs  of a provider of services shall not exceed the statewide
   51  average of total reimbursable base year administrative and general costs
   52  of such providers of services.
   53    S 15. Subdivision 12 of section 246 of chapter 81 of the laws of 1995,
   54  amending the public health  law  and  other  laws  relating  to  medical
   55  reimbursement  and welfare reform, as amended by section 21 of part B of
   56  chapter 56 of the laws of 2013, is amended to read as follows:
       S. 2007                            41                            A. 3007
    1    12. Sections one hundred five-b through one hundred five-f of this act
    2  shall expire March 31, [2015] 2017.
    3    S  16.  Section 3 of chapter 303 of the laws of 1999, amending the New
    4  York state medical  care  facilities  finance  agency  act  relating  to
    5  financing health facilities, as amended by section 30 of part A of chap-
    6  ter 59 of the laws of 2011, is amended to read as follows:
    7    S  3. This act shall take effect immediately[, provided, however, that
    8  subdivision 15-a of section 5 of section 1 of chapter 392 of the laws of
    9  1973, as added by section one of this act, shall expire  and  be  deemed
   10  repealed  June 30, 2015; and provided further, however, that the expira-
   11  tion and repeal of such subdivision 15-a shall not affect or  impair  in
   12  any  manner any health facilities bonds issued, or any lease or purchase
   13  of a health facility executed, pursuant to such subdivision  15-a  prior
   14  to  its  expiration  and repeal and that, with respect to any such bonds
   15  issued and outstanding as of June  30,  2015,  the  provisions  of  such
   16  subdivision  15-a  as  they existed immediately prior to such expiration
   17  and repeal shall continue to apply through the latest maturity  date  of
   18  any  such bonds, or their earlier retirement or redemption, for the sole
   19  purpose of authorizing the issuance of refunding bonds to  refund  bonds
   20  previously issued pursuant thereto].
   21    S  17.  Subdivision  (c)  of  section 62 of chapter 165 of the laws of
   22  1991, amending the public health law and other laws relating  to  estab-
   23  lishing  payments  for  medical  assistance, as amended by section 26 of
   24  part D of chapter 59 of the laws of 2011, is amended to read as follows:
   25    (c) [section 364-j of the social services law, as amended  by  section
   26  eight  of  this  act  and  subdivision  6 of section 367-a of the social
   27  services law as added by section twelve of this act shall expire and  be
   28  deemed  repealed  on  March  31,  2015 and] provided [further], that the
   29  amendments to the provisions of section 364-j of the social services law
   30  made by section eight of this act  shall  only  apply  to  managed  care
   31  programs approved on or after the effective date of this act;
   32    S  18.  Subdivision 3 of section 1680-j of the public authorities law,
   33  as amended by section 9 of part C of chapter 59 of the laws of 2011,  is
   34  amended to read as follows:
   35    3.  Notwithstanding  any  law  to the contrary, and in accordance with
   36  section four of the state finance law, the comptroller is hereby author-
   37  ized and directed to transfer from the health  care  reform  act  (HCRA)
   38  resources fund (061) to the general fund, upon the request of the direc-
   39  tor of the budget, up to $6,500,000 on or before March 31, 2006, and the
   40  comptroller  is  further hereby authorized and directed to transfer from
   41  the healthcare reform act (HCRA); Resources fund (061)  to  the  Capital
   42  Projects  Fund,  upon  the  request  of  the  director  of budget, up to
   43  $139,000,000 for the period April 1, 2006 through March 31, 2007, up  to
   44  $171,100,000  for the period April 1, 2007 through March 31, 2008, up to
   45  $208,100,000 for the period April 1, 2008 through March 31, 2009, up  to
   46  $151,600,000  for the period April 1, 2009 through March 31, 2010, up to
   47  $215,743,000 for the period April 1, 2010 through March 31, 2011, up  to
   48  $433,366,000  for the period April 1, 2011 through March 31, 2012, up to
   49  $150,806,000 for the period April 1, 2012 through March 31, 2013, up  to
   50  $78,071,000  for the period April 1, 2013 through March 31, 2014, and up
   51  to $86,005,000 for the period April 1, 2014 through March 31, 2015,  AND
   52  UP  TO  $86,005,000  FOR  THE  PERIOD APRIL 1, 2015 THROUGH DECEMBER 31,
   53  2017.
   54    S 19. Subdivision (i) of section 111 of part H of chapter  59  of  the
   55  laws  of  2011, relating to enacting into law major components of legis-
       S. 2007                            42                            A. 3007
    1  lation necessary to implement the health and mental hygiene  budget  for
    2  the 2011-2012 state fiscal plan, is REPEALED.
    3    S  20.  Section  97  of  chapter 659 of the laws of 1997, amending the
    4  public health law and other laws relating to creation of continuing care
    5  retirement communities, as amended by section 65-b of part A of  chapter
    6  57 of the laws of 2006, is amended to read as follows:
    7    S  97. This act shall take effect immediately, provided, however, that
    8  the amendments to subdivision 4 of section 854 of the general  municipal
    9  law  made by section seventy of this act shall not affect the expiration
   10  of such subdivision and shall be deemed to expire therewith and provided
   11  further that sections sixty-seven and  sixty-eight  of  this  act  shall
   12  apply  to  taxable  years  beginning  on  or  after  January 1, 1998 and
   13  [provided further that sections eighty-one through eighty-seven of  this
   14  act  shall  expire  and  be  deemed  repealed  on December 31, 2015 and]
   15  provided further, however, that the amendments to section ninety of this
   16  act shall take effect January 1, 1998 and shall apply to  all  policies,
   17  contracts,  certificates,  riders or other evidences of coverage of long
   18  term care insurance issued, renewed, altered  or  modified  pursuant  to
   19  section 3229 of the insurance law on or after such date.
   20    S  21.   Paragraph (b) of subdivision 17 of section 2808 of the public
   21  health law, as amended by section 98 of part H of chapter 59 of the laws
   22  of 2011, is amended to read as follows:
   23    (b) Notwithstanding any inconsistent provision of law or regulation to
   24  the contrary, for the state fiscal [year] YEARS beginning  April  first,
   25  two  thousand  ten and ending March thirty-first, two thousand [fifteen]
   26  NINETEEN, the commissioner shall not be  required  to  revise  certified
   27  rates  of  payment established pursuant to this article for rate periods
   28  prior to April first, two thousand [fifteen] NINETEEN, based on  consid-
   29  eration  of  rate appeals filed by residential health care facilities or
   30  based upon adjustments to capital cost  reimbursement  as  a  result  of
   31  approval  by  the  commissioner of an application for construction under
   32  section twenty-eight hundred two of this article, in excess of an aggre-
   33  gate annual amount of eighty million dollars for each such state  fiscal
   34  year  provided,  however,  that for the period April first, two thousand
   35  eleven through March thirty-first, two thousand  twelve  such  aggregate
   36  annual  amount  shall  be  fifty million dollars. In revising such rates
   37  within such fiscal limit, the commissioner shall, in  prioritizing  such
   38  rate appeals, include consideration of which facilities the commissioner
   39  determines  are  facing  significant  financial hardship as well as such
   40  other considerations as the commissioner deems appropriate and, further,
   41  the commissioner is authorized to enter into agreements with such facil-
   42  ities or any other facility to resolve  multiple  pending  rate  appeals
   43  based  upon a negotiated aggregate amount and may offset such negotiated
   44  aggregate amounts against any  amounts  owed  by  the  facility  to  the
   45  department,  including,  but  not  limited  to, amounts owed pursuant to
   46  section twenty-eight hundred seven-d of this article; provided, however,
   47  that the commissioner's authority to negotiate such agreements resolving
   48  multiple pending rate appeals as hereinbefore described  shall  continue
   49  on and after April first, two thousand [fifteen] NINETEEN.  Rate adjust-
   50  ments  made  pursuant to this paragraph remain fully subject to approval
   51  by the director of the budget  in  accordance  with  the  provisions  of
   52  subdivision two of section twenty-eight hundred seven of this article.
   53    S  22.   Paragraph (a) of subdivision 13 of section 3614 of the public
   54  health law, as added by section 4 of part H of chapter 59 of the laws of
   55  2011, is amended to read as follows:
       S. 2007                            43                            A. 3007
    1    (a) Notwithstanding any inconsistent provision of  law  or  regulation
    2  and  subject  to  the  availability  of federal financial participation,
    3  effective April first, two thousand twelve [through March  thirty-first,
    4  two  thousand  fifteen],  payments  by  government agencies for services
    5  provided  by  certified  home  health agencies, except for such services
    6  provided to children under eighteen years  of  age  and  other  discreet
    7  groups as may be determined by the commissioner pursuant to regulations,
    8  shall  be  based  on episodic payments. In establishing such payments, a
    9  statewide base price shall be established for each sixty day episode  of
   10  care  and  adjusted  by  a  regional wage index factor and an individual
   11  patient case mix index. Such episodic payments may be  further  adjusted
   12  for  low utilization cases and to reflect a percentage limitation of the
   13  cost for high-utilization cases that exceed outlier thresholds  of  such
   14  payments.
   15    S  23.   Subdivision (a) of section 40 of part B of chapter 109 of the
   16  laws of 2010, amending the social services law relating  to  transporta-
   17  tion costs, is amended to read as follows:
   18    (a)  sections  two, three, three-a, three-b, three-c, three-d, three-e
   19  and twenty-one of this act shall take  effect  July  1,  2010;  sections
   20  fifteen,  sixteen,  seventeen,  eighteen  and nineteen of this act shall
   21  take effect January 1, 2011; [and provided further that  section  twenty
   22  of  this  act  shall  be  deemed  repealed four years after the date the
   23  contract entered into pursuant to section 365-h of the  social  services
   24  law,  as  amended  by  section twenty of this act, is executed; provided
   25  that the commissioner of health shall notify the legislative bill draft-
   26  ing commission upon the execution of the contract entered into  pursuant
   27  to section 367-h of the social services law in order that the commission
   28  may  maintain an accurate and timely effective data base of the official
   29  text of the laws of the state of New York in furtherance of effectuating
   30  the provisions of section 44 of the legislative law and section 70-b  of
   31  the public officers law;]
   32    S  24.   Subdivision 4 of section 365-h of the social services law, as
   33  added by section 20 of part B of chapter 109 of the  laws  of  2010,  is
   34  amended to read as follows:
   35    4.  The  commissioner of health is authorized to assume responsibility
   36  from a local social services official for the provision  and  reimburse-
   37  ment  of  transportation  costs  under this section. If the commissioner
   38  elects to assume such responsibility, the commissioner shall notify  the
   39  local  social  services official in writing as to the election, the date
   40  upon which the election shall be effective and such  information  as  to
   41  transition  of  responsibilities  as the commissioner deems prudent. The
   42  commissioner is authorized to contract with a transportation manager  or
   43  managers  to manage transportation services in any local social services
   44  district. Any transportation manager or managers selected by the commis-
   45  sioner to manage transportation services shall have proven experience in
   46  coordinating transportation services in  a  geographic  and  demographic
   47  area  similar  to the area in New York state within which the contractor
   48  would manage the provision  of  services  under  this  section.  Such  a
   49  contract  or  contracts may include responsibility for: review, approval
   50  and processing of transportation orders; management of  the  appropriate
   51  level  of  transportation  based on documented patient medical need; and
   52  development of new  technologies  leading  to  efficient  transportation
   53  services.  If the commissioner elects to assume such responsibility from
   54  a local social services district, the commissioner shall examine and, if
   55  appropriate, adopt quality assurance measures that may include, but  are
   56  not  limited  to,  global positioning tracking system reporting require-
       S. 2007                            44                            A. 3007
    1  ments and service verification mechanisms.  Any  and  all  reimbursement
    2  rates  developed by transportation managers under this subdivision shall
    3  be subject to the review and approval  of  the  commissioner.  [Notwith-
    4  standing  any  inconsistent provision of sections one hundred twelve and
    5  one hundred sixty-three of the state finance law, or section one hundred
    6  forty-two of the economic development law, or any other law, the commis-
    7  sioner is authorized to enter into a contract or  contracts  under  this
    8  subdivision  without  a competitive bid or request for proposal process,
    9  provided, however, that:
   10    (a) the department shall post on its website, for a period of no  less
   11  than thirty days:
   12    (i)  a description of the proposed services to be provided pursuant to
   13  the contract or contracts;
   14    (ii) the criteria for selection of a contractor or contractors;
   15    (iii) the period of time during which  a  prospective  contractor  may
   16  seek  selection,  which  shall  be  no  less than thirty days after such
   17  information is first posted on the website; and
   18    (iv) the manner by  which  a  prospective  contractor  may  seek  such
   19  selection, which may include submission by electronic means;
   20    (b)  all  reasonable and responsive submissions that are received from
   21  prospective contractors in timely  fashion  shall  be  reviewed  by  the
   22  commissioner; and
   23    (c) the commissioner shall select such contractor or contractors that,
   24  in  his or her discretion, are best suited to serve the purposes of this
   25  section.]
   26    S 25. Section 5 of chapter 21 of the laws of 2011, amending the educa-
   27  tion law relating to authorizing pharmacists  to  perform  collaborative
   28  drug  therapy management with physicians in certain settings, as amended
   29  by chapter 125 of the laws of 2014, is amended to read as follows:
   30    S 5. This act shall take effect on the one hundred twentieth day after
   31  it shall have become a law and shall  expire  [4]  7  years  after  such
   32  effective  date  when upon such date the provisions of this act shall be
   33  deemed repealed; provided, however, that the amendments to subdivision 1
   34  of section 6801 of the education law made by section  one  of  this  act
   35  shall  be  subject  to  the expiration and reversion of such subdivision
   36  pursuant to section 8 of chapter 563 of the laws of 2008, when upon such
   37  date the provisions of section one-a of  this  act  shall  take  effect;
   38  provided,  further,  that effective immediately, the addition, amendment
   39  and/or repeal of any rule or regulation necessary for the implementation
   40  of this act on its effective date is authorized and directed to be  made
   41  and completed on or before such effective date.
   42    S  26.  Section  2  of  chapter  459 of the laws of 1996, amending the
   43  public health law relating to recertification of persons providing emer-
   44  gency medical care, as amended by chapter 106 of the laws  of  2011,  is
   45  amended to read as follows:
   46    S  2.  This  act shall take effect immediately and shall expire and be
   47  deemed repealed July 1, [2015] 2018.
   48    S 27. Section 4 of chapter 505 of  the  laws  of  1995,  amending  the
   49  public  health  law  relating  to  the operation of department of health
   50  facilities, as amended by section 29 of part A of chapter 59 of the laws
   51  of 2011, is amended to read as follows:
   52    S 4. This act shall take effect immediately; provided,  however,  that
   53  the provisions of paragraph (b) of subdivision 4 of section 409-c of the
   54  public  health  law,  as  added by section three of this act, shall take
   55  effect January 1, 1996 [and shall expire and be deemed  repealed  twenty
   56  years from the effective date thereof].
       S. 2007                            45                            A. 3007
    1    S  28.  Subdivision  (o) of section 111 of part H of chapter 59 of the
    2  laws of 2011, amending the public health law relating to  the  statewide
    3  health  information  network  of New York and the statewide planning and
    4  research cooperative system and general powers and duties, is REPEALED.
    5    S 29. Notwithstanding any inconsistent provision of law, rule or regu-
    6  lation, for purposes of implementing the provisions of the public health
    7  law and the social services law, references to titles XIX and XXI of the
    8  federal  social  security  act  in  the public health law and the social
    9  services law shall be deemed to include and also to mean  any  successor
   10  titles thereto under the federal social security act.
   11    S 30. Notwithstanding any inconsistent provision of law, rule or regu-
   12  lation, the effectiveness of the provisions of sections 2807 and 3614 of
   13  the  public health law, section 18 of chapter 2 of the laws of 1988, and
   14  18 NYCRR 505.14(h), as they relate to time frames for  notice,  approval
   15  or  certification  of rates of payment, are hereby suspended and without
   16  force or effect for purposes of implementing the provisions of this act.
   17    S 31. Severability clause. If any clause, sentence, paragraph,  subdi-
   18  vision,  section  or  part of this act shall be adjudged by any court of
   19  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   20  impair or invalidate the remainder thereof, but shall be confined in its
   21  operation  to  the  clause, sentence, paragraph, subdivision, section or
   22  part thereof directly involved in the controversy in which such judgment
   23  shall have been rendered. It is hereby declared to be the intent of  the
   24  legislature  that  this act would have been enacted even if such invalid
   25  provisions had not been included herein.
   26    S 32. This act shall take effect immediately and shall  be  deemed  to
   27  have  been in full force and effect on and after April 1, 2015 provided,
   28  that:
   29    1. section eighteen of this act shall take effect on the same date  as
   30  the  reversion of subdivision 3 of section 1680-j of the public authori-
   31  ties law as provided in subdivision (a) of section  70  of  part  HH  of
   32  chapter 57 of the laws of 2013, as amended;
   33    2.  any  rules or regulations necessary to implement the provisions of
   34  this act may be promulgated and any procedures, forms,  or  instructions
   35  necessary  for such implementation may be adopted and issued on or after
   36  the date this act shall have become a law;
   37    3. this act shall not be construed to alter, change, affect, impair or
   38  defeat any rights, obligations, duties or interests accrued, incurred or
   39  conferred prior to the effective date of this act;
   40    4. the commissioner of health and the superintendent of the department
   41  of financial services and any appropriate council  may  take  any  steps
   42  necessary to implement this act prior to its effective date;
   43    5. notwithstanding any inconsistent provision of the state administra-
   44  tive  procedure  act  or any other provision of law, rule or regulation,
   45  the commissioner of health and the superintendent of the  department  of
   46  financial services and any appropriate council is authorized to adopt or
   47  amend  or  promulgate  on an emergency basis any regulation he or she or
   48  such council determines necessary to implement any provision of this act
   49  on its effective date; and
   50    6. the provisions of this act shall become  effective  notwithstanding
   51  the  failure  of the commissioner of health or the superintendent of the
   52  department of financial services or any council to  adopt  or  amend  or
   53  promulgate regulations implementing this act.
   54                                   PART E
       S. 2007                            46                            A. 3007
    1    Section  1.    Subdivision  5-d of section 2807-k of the public health
    2  law, as added by section 1 of part C of chapter 56 of the laws of  2013,
    3  is amended to read as follows:
    4    5-d.  (a)  Notwithstanding any inconsistent provision of this section,
    5  section twenty-eight hundred  seven-w  of  this  article  or  any  other
    6  contrary  provision  of  law, and subject to the availability of federal
    7  financial participation, for periods on and  after  January  first,  two
    8  thousand thirteen, through December thirty-first, two thousand [fifteen]
    9  EIGHTEEN, all funds available for distribution pursuant to this section,
   10  except  for  funds distributed pursuant to subparagraph (v) of paragraph
   11  (b) of subdivision five-b of this section, and all funds  available  for
   12  distribution  pursuant  to  section twenty-eight hundred seven-w of this
   13  article, shall be reserved and set aside and distributed  in  accordance
   14  with the provisions of this subdivision.
   15    (b)  The commissioner shall promulgate regulations, and may promulgate
   16  emergency regulations, establishing methodologies for  the  distribution
   17  of  funds  as  described  in  paragraph (a) of this subdivision and such
   18  regulations shall include, but not be limited to, the following:
   19    (i) Such regulations shall  establish  methodologies  for  determining
   20  each  facility's  relative uncompensated care need amount based on unin-
   21  sured inpatient and outpatient units of service from the cost  reporting
   22  year  two years prior to the distribution year, multiplied by the appli-
   23  cable medicaid rates in effect January first of the  distribution  year,
   24  as summed and adjusted by a statewide cost adjustment factor and reduced
   25  by  the  sum  of  all  payment  amounts  collected  from  such uninsured
   26  patients, and as further adjusted  by  application  of  a  nominal  need
   27  computation  that shall take into account each facility's medicaid inpa-
   28  tient share.
   29    (ii) Annual distributions pursuant to such  regulations  for  the  two
   30  thousand thirteen through two thousand [fifteen] EIGHTEEN calendar years
   31  shall be in accord with the following:
   32    (A)  one  hundred  thirty-nine  million  four hundred thousand dollars
   33  shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
   34  payments to major public general hospitals; and
   35    (B) nine hundred ninety-four million nine hundred thousand dollars  as
   36  Medicaid  DSH  payments  to eligible general hospitals, other than major
   37  public general hospitals.
   38    (iii)(A) Such regulations shall establish  transition  adjustments  to
   39  the  distributions  made pursuant to clauses (A) and (B) of subparagraph
   40  (ii) of this paragraph such that no facility experiences a reduction  in
   41  indigent care pool payments pursuant to this subdivision that is greater
   42  than the percentages, as specified in clause (C) of this subparagraph as
   43  compared  to  the  average distribution that each such facility received
   44  for the three calendar years prior to two thousand thirteen pursuant  to
   45  this section and section twenty-eight hundred seven-w of this article.
   46    (B)  Such  regulations  shall  also establish adjustments limiting the
   47  increases in indigent  care  pool  payments  experienced  by  facilities
   48  pursuant to this subdivision by an amount that will be, as determined by
   49  the  commissioner  and  in conjunction with such other funding as may be
   50  available for this purpose, sufficient to ensure full  funding  for  the
   51  transition adjustment payments authorized by clause (A) of this subpara-
   52  graph.
   53    (C)  No  facility  shall  experience a reduction in indigent care pool
   54  payments pursuant to this subdivision that: for the calendar year begin-
   55  ning January first, two thousand thirteen, is greater than two and  one-
   56  half  percent;  for the calendar year beginning January first, two thou-
       S. 2007                            47                            A. 3007
    1  sand fourteen, is greater than five percent; and, for the calendar  year
    2  beginning  on January first, two thousand fifteen, is greater than seven
    3  and one-half percent, AND FOR THE CALENDAR  YEAR  BEGINNING  ON  JANUARY
    4  FIRST,  TWO  THOUSAND  SIXTEEN, IS GREATER THAN TEN PERCENT; AND FOR THE
    5  CALENDAR YEAR BEGINNING ON JANUARY FIRST,  TWO  THOUSAND  SEVENTEEN,  IS
    6  GREATER  THAN  TWELVE  AND  ONE-HALF  PERCENT; AND FOR THE CALENDAR YEAR
    7  BEGINNING ON JANUARY FIRST,  TWO  THOUSAND  EIGHTEEN,  IS  GREATER  THAN
    8  FIFTEEN PERCENT.
    9    (D)  NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, IN
   10  THE EVENT THE AGGREGATE LEVEL OF MEDICAID DSH PAYMENTS IS REDUCED DURING
   11  THE PERIODS DESCRIBED IN CLAUSE (C) OF THIS  SUBPARAGRAPH,  THE  COMMIS-
   12  SIONER  MAY  ADJUST, BY REGULATION: THE AGGREGATE LEVEL OF PAYMENTS MADE
   13  PURSUANT TO CLAUSES (A) AND (B) OF SUBPARAGRAPH (II) OF PARAGRAPH (B) OF
   14  THIS SUBDIVISION, THE PERCENTAGE OF REDUCTIONS IN PAYMENTS  REQUIRED  BY
   15  CLAUSE  (C)  OF THIS SUBPARAGRAPH, AND THE METHODOLOGY BY WHICH SUCH DSH
   16  PAYMENTS ARE DISTRIBUTED. SUCH ADJUSTMENTS  SHALL  TAKE  EFFECT  AT  THE
   17  BEGINNING  OF  THE  CALENDAR  YEAR  FOLLOWING  THE  YEAR  IN  WHICH SUCH
   18  REDUCTIONS IN MEDICAID DSH PAYMENTS TAKE EFFECT AND  PROVIDED,  FURTHER,
   19  ANY  SUCH REGULATIONS UNDER THIS SECTION MAY APPLY RETROACTIVELY TO SUCH
   20  DATE.
   21    (iv) Such regulations shall reserve one percent of the funds available
   22  for distribution in the two thousand fourteen and two  thousand  fifteen
   23  calendar  years,  AND  FOR  CALENDAR  YEARS THEREAFTER, pursuant to this
   24  subdivision, subdivision  fourteen-f  of  section  twenty-eight  hundred
   25  seven-c of this article, and sections two hundred eleven and two hundred
   26  twelve  of  chapter  four  hundred  seventy-four of the laws of nineteen
   27  hundred ninety-six, in a  "financial  assistance  compliance  pool"  and
   28  shall establish methodologies for the distribution of such pool funds to
   29  facilities  based  on  their  level  of compliance, as determined by the
   30  commissioner, with the provisions of subdivision nine-a of this section.
   31    (c) The commissioner shall annually report to  the  governor  and  the
   32  legislature  on the distribution of funds under this subdivision includ-
   33  ing, but not limited to:
   34    (i) the impact on safety net providers, including community providers,
   35  rural general hospitals and major public general hospitals;
   36    (ii) the provision of indigent care by units  of  services  and  funds
   37  distributed by general hospitals; and
   38    (iii) the extent to which access to care has been enhanced.
   39    S  2.  Subdivision  17  of section 2807-k of the public health law, as
   40  added by section 3-b of part B of chapter 109 of the laws  of  2010,  is
   41  amended to read as follows:
   42    17. Indigent care reductions. (A) For each hospital receiving payments
   43  pursuant  to paragraph (i) of subdivision thirty-five of section twenty-
   44  eight hundred seven-c of this article, the commissioner shall reduce the
   45  sum of any amounts paid pursuant to this section and pursuant to section
   46  twenty-eight hundred seven-w of  this  article,  as  computed  based  on
   47  projected facility specific disproportionate share hospital ceilings, by
   48  an  amount  equal  to  the  lower  of  such  sum or each such hospital's
   49  payments pursuant to paragraph (i) of subdivision thirty-five of section
   50  twenty-eight hundred seven-c of this article,  provided,  however,  that
   51  any  additional aggregate reductions enacted in a chapter of the laws of
   52  two thousand ten to the  aggregate  amounts  payable  pursuant  to  this
   53  section  and  pursuant  to  section twenty-eight hundred seven-w of this
   54  article  shall  be  applied  subsequent  to  the  adjustments  otherwise
   55  provided for in this subdivision.
       S. 2007                            48                            A. 3007
    1    (B)  FOR ANY REDUCTIONS IN PAYMENTS UNDER PARAGRAPH (I) OF SUBDIVISION
    2  THIRTY-FIVE OF SECTION TWENTY-EIGHT  HUNDRED  SEVEN-C  OF  THIS  ARTICLE
    3  RESULTING  FROM  AGGREGATE UPPER PAYMENT LIMIT CALCULATIONS, THE COMMIS-
    4  SIONER MAY REDUCE OR REDISTRIBUTE PAYMENTS UNDER THIS SECTION OR SECTION
    5  TWENTY-EIGHT  HUNDRED  SEVEN-W  OF THIS ARTICLE IN A MANNER TO BE DETER-
    6  MINED IN HIS OR HER DISCRETION.
    7    S 3. Notwithstanding any inconsistent provision of law, rule or  regu-
    8  lation, for purposes of implementing the provisions of the public health
    9  law and the social services law, references to titles XIX and XXI of the
   10  federal  social  security  act  in  the public health law and the social
   11  services law shall be deemed to include and also to mean  any  successor
   12  titles thereto under the federal social security act.
   13    S  4. Notwithstanding any inconsistent provision of law, rule or regu-
   14  lation, the effectiveness of the provisions of sections 2807 and 3614 of
   15  the public health law, section 18 of chapter 2 of the laws of 1988,  and
   16  18  NYCRR  505.14(h), as they relate to time frames for notice, approval
   17  or certification of rates of payment, are hereby suspended  and  without
   18  force or effect for purposes of implementing the provisions of this act.
   19    S 5. Severability clause. If any clause, sentence, paragraph, subdivi-
   20  sion,  section  or  part  of  this act shall be adjudged by any court of
   21  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   22  impair or invalidate the remainder thereof, but shall be confined in its
   23  operation  to  the  clause, sentence, paragraph, subdivision, section or
   24  part thereof directly involved in the controversy in which such judgment
   25  shall have been rendered. It is hereby declared to be the intent of  the
   26  legislature  that  this act would have been enacted even if such invalid
   27  provisions had not been included herein.
   28    S 6. This act shall take effect immediately and  shall  be  deemed  to
   29  have been in full force and effect on and after April 1, 2015; provided,
   30  that:
   31    a.  any  rules or regulations necessary to implement the provisions of
   32  this act may be promulgated and any procedures, forms,  or  instructions
   33  necessary  for such implementation may be adopted and issued on or after
   34  the date this act shall have become a law;
   35    b. this act shall not be construed to alter, change, affect, impair or
   36  defeat any rights, obligations, duties or interests accrued, incurred or
   37  conferred prior to the effective date of this act;
   38    c. the commissioner of health  and  the  superintendent  of  financial
   39  services  and  any  appropriate  council may take any steps necessary to
   40  implement this act prior to its effective date;
   41    d. notwithstanding any inconsistent provision of the state administra-
   42  tive procedure act or any other provision of law,  rule  or  regulation,
   43  the  commissioner of health and the superintendent of financial services
   44  and any appropriate council is authorized to adopt or amend  or  promul-
   45  gate  on  an  emergency  basis  any regulation he or she or such council
   46  determines necessary to implement any  provision  of  this  act  on  its
   47  effective date; and
   48    e.  the  provisions of this act shall become effective notwithstanding
   49  the failure of the commissioner  of  health  or  the  superintendent  of
   50  financial  services or any council to adopt or amend or promulgate regu-
   51  lations implementing this act.
   52                                   PART F
   53    Section 1. The public health law is amended by adding  a  new  section
   54  4415 to read as follows:
       S. 2007                            49                            A. 3007
    1    S  4415.  VALUE  BASED  PAYMENTS.  1.    NOTWITHSTANDING  ANY CONTRARY
    2  PROVISION OF LAW IN THIS ARTICLE OR SECTION THREE  HUNDRED  SIXTY-FOUR-J
    3  OF  THE SOCIAL SERVICES LAW, THE COMMISSIONER MAY AUTHORIZE MANAGED CARE
    4  ORGANIZATIONS LICENSED UNDER THIS ARTICLE TO CONTRACT  FOR  VALUE  BASED
    5  PAYMENTS  AND FURTHER, MAY AUTHORIZE THE DEPARTMENT TO UTILIZE METHODOL-
    6  OGIES OF REIMBURSEMENT THAT ARE VALUE BASED.
    7    2. NOTHING IN SUBDIVISION ONE OF THIS SECTION SHALL LIMIT THE AUTHORI-
    8  TY OF THE COMMISSIONER TO AUTHORIZE VALUE BASED PAYMENTS FOR  PERFORMING
    9  PROVIDER  SYSTEMS  PARTICIPATING IN THE DELIVERY SYSTEM REFORM INCENTIVE
   10  PROGRAM ("DSRIP"), OR TO AUTHORIZE VALUE BASED  PAYMENTS  FOR  ANY  SUCH
   11  SUBSET OF PROVIDERS.
   12    3.  FOR THE PURPOSES OF THIS SECTION AND NOTWITHSTANDING ANY PROVISION
   13  OF LAW TO THE CONTRARY, A PERFORMING PROVIDER  SYSTEM  PARTICIPATING  IN
   14  DSRIP,  OR  ANY  SUCH  SUBSET  OF PROVIDERS, IS AUTHORIZED TO ARRANGE BY
   15  CONTRACT FOR THE DELIVERY AND PROVISION OF HEALTH  SERVICES  AS  CONTEM-
   16  PLATED BY THIS CHAPTER OR THE SOCIAL SERVICES LAW.
   17    4. THE COMMISSIONER, IN CONSULTATION WITH THE SUPERINTENDENT OF FINAN-
   18  CIAL  SERVICES,  MAY PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS
   19  OF THIS SECTION; PROVIDED, HOWEVER, THAT  THE  FAILURE  TO  ADOPT  REGU-
   20  LATIONS  SHALL  NOT  INVALIDATE  ANY  EXERCISE  OF  AUTHORITY UNDER THIS
   21  SECTION. SUCH REGULATIONS MAY, AND SHALL AS NECESSARY FOR  THE  PURPOSES
   22  OF THIS SECTION, ADDRESS MATTERS INCLUDING, BUT NOT LIMITED TO:
   23    (A)  AUTHORIZING  DISCRETE LEVELS OF VALUE BASED PAYMENTS THAT ACCOUNT
   24  FOR LEVEL OF RISK;
   25    (B) PLACING CONDITIONS UPON ANY SUCH LEVEL OF VALUE BASED PAYMENT;
   26    (C) REQUIRING OR ADJUSTING RESERVES, AS APPLICABLE, FOR  MANAGED  CARE
   27  ORGANIZATIONS  LICENSED UNDER THIS ARTICLE AND ENTITIES PARTICIPATING IN
   28  VALUE BASED PAYMENT ARRANGEMENTS;
   29    (D) AUTHORIZING THE COMMISSIONER TO ESTABLISH A REINSURANCE POOL;
   30    (E) MAKING ANY CHANGES TO VALUE BASED  PAYMENTS  OR  METHODOLOGIES  OF
   31  REIMBURSEMENT  THAT ARE VALUE BASED AS NECESSARY TO CONFORM TO THE TERMS
   32  AND CONDITIONS OF THE DSRIP WAIVER.
   33    5. NOTHING CONTAINED IN THIS SECTION SHALL LIMIT THE AUTHORITY OF  THE
   34  COMMISSIONER  TO MAINTAIN A SYSTEM OF VALUE BASED PAYMENTS SUBSEQUENT TO
   35  THE CONCLUSION OR EXPIRATION OF THE DSRIP WAIVER, NOR SHALL  ANY  REFER-
   36  ENCE TO THE DSRIP PROGRAM WITHIN THIS SECTION LIMIT THE AUTHORITY OF THE
   37  COMMISSIONER,  IN  CONSULTATION  WITH  THE  SUPERINTENDENT  OF FINANCIAL
   38  SERVICES, TO OTHERWISE APPLY SUCH PRINCIPLES TO  ORGANIZATIONS  LICENSED
   39  UNDER  THIS  ARTICLE  OR  TO  IMPLEMENT METHODOLOGIES THAT UTILIZE VALUE
   40  BASED PAYMENTS FOR ANY PROVIDER REIMBURSED UNDER THIS CHAPTER.
   41    S 2. Notwithstanding any inconsistent provision of law, rule or  regu-
   42  lation, for purposes of implementing the provisions of the public health
   43  law and the social services law, references to titles XIX and XXI of the
   44  federal  social  security  act  in  the public health law and the social
   45  services law shall be deemed to include and also to mean  any  successor
   46  titles thereto under the federal social security act.
   47    S  3. Notwithstanding any inconsistent provision of law, rule or regu-
   48  lation, the effectiveness of the provisions of sections 2807 and 3614 of
   49  the public health law, section 18 of chapter 2 of the laws of 1988,  and
   50  18  NYCRR  505.14(h), as they relate to time frames for notice, approval
   51  or certification of rates of payment, are hereby suspended  and  without
   52  force or effect for purposes of implementing the provisions of this act.
   53    S 4. Severability clause. If any clause, sentence, paragraph, subdivi-
   54  sion,  section  or  part  of  this act shall be adjudged by any court of
   55  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   56  impair or invalidate the remainder thereof, but shall be confined in its
       S. 2007                            50                            A. 3007
    1  operation  to  the  clause, sentence, paragraph, subdivision, section or
    2  part thereof directly involved in the controversy in which such judgment
    3  shall have been rendered. It is hereby declared to be the intent of  the
    4  legislature  that  this act would have been enacted even if such invalid
    5  provisions had not been included herein.
    6    S 5. This act shall take effect immediately and  shall  be  deemed  to
    7  have  been in full force and effect on and after April 1, 2015; provided
    8  that:
    9    1. any rules or regulations necessary to implement the  provisions  of
   10  this  act  may be promulgated and any procedures, forms, or instructions
   11  necessary for such implementation may be adopted and issued on or  after
   12  the date this act shall have become a law;
   13    2. this act shall not be construed to alter, change, affect, impair or
   14  defeat any rights, obligations, duties or interests accrued, incurred or
   15  conferred prior to the effective date of this act;
   16    3.  the  commissioner  of  health  and the superintendent of financial
   17  services and any appropriate council may take  any  steps  necessary  to
   18  implement this act prior to its effective date;
   19    4. notwithstanding any inconsistent provision of the state administra-
   20  tive  procedure  act  or any other provision of law, rule or regulation,
   21  the commissioner of health and the superintendent of financial  services
   22  and  any appropriate council are authorized to adopt or amend or promul-
   23  gate on an emergency basis any regulation he  or  she  or  such  council
   24  determines  necessary  to  implement  any  provision  of this act on its
   25  effective date; and
   26    5. the provisions of this act shall become  effective  notwithstanding
   27  the  failure  of  the  commissioner  of  health or the superintendent of
   28  financial services or any council to adopt or amend or promulgate  regu-
   29  lations implementing this act.
   30                                   PART G
   31    Section  1.  The  financial  services  law  is amended by adding a new
   32  section 208 to read as follows:
   33    S 208. ASSESSMENT FOR THE OPERATING EXPENSES OF THE  NEW  YORK  HEALTH
   34  BENEFIT EXCHANGE.  (A) FOR EACH FISCAL YEAR COMMENCING ON OR AFTER APRIL
   35  FIRST,  TWO  THOUSAND  FIFTEEN,  ASSESSMENTS  FOR THE OPERATING EXPENSES
   36  ATTRIBUTABLE TO QUALIFIED HEALTH PLAN COVERAGE OF THE  NEW  YORK  HEALTH
   37  BENEFIT  EXCHANGE, ESTABLISHED WITHIN THE DEPARTMENT OF HEALTH BY EXECU-
   38  TIVE ORDER 42 SIGNED BY GOVERNOR ANDREW M. CUOMO ON APRIL  12,  2012  IN
   39  CONFORMITY  WITH  THE PATIENT PROTECTION AND AFFORDABLE CARE ACT, PUBLIC
   40  LAW 111-14 AND THE HEALTH CARE AND EDUCATION RECONCILIATION ACT,  PUBLIC
   41  LAW  111-152, AND DOING BUSINESS AS THE NY STATE OF HEALTH, THE OFFICIAL
   42  HEALTH PLAN MARKETPLACE (NY STATE OF HEALTH) SHALL BE  ASSESSED  BY  THE
   43  SUPERINTENDENT  IN ACCORDANCE WITH THIS SECTION. A DOMESTIC ACCIDENT AND
   44  HEALTH INSURER SHALL BE ASSESSED BY THE SUPERINTENDENT PURSUANT TO  THIS
   45  SECTION  FOR  THE OPERATING EXPENSES OF THE NY STATE OF HEALTH ATTRIBUT-
   46  ABLE TO QUALIFIED HEALTH PLANS' COVERAGE, WHICH SHALL INCLUDE DIRECT AND
   47  INDIRECT EXPENSES RELATED TO THE OPERATION OF  THE  NEW  YORK  STATE  OF
   48  HEALTH  ATTRIBUTABLE  TO  SUCH  QUALIFIED  HEALTH PLAN COVERAGE WITH THE
   49  ASSESSMENTS ALLOCATED PRO RATA UPON ALL  DOMESTIC  ACCIDENT  AND  HEALTH
   50  INSURERS  IN  THE  INDIVIDUAL,  SMALL  GROUP AND LARGE GROUP MARKETS, IN
   51  PROPORTION TO THE GROSS DIRECT PREMIUMS, EXCLUSIVE OF FEDERAL TAX  CRED-
   52  ITS  AND OTHER CONSIDERATIONS, WRITTEN OR RECEIVED BY THEM IN THIS STATE
   53  DURING  THE  CALENDAR  YEAR  ENDING  DECEMBER  THIRTY-FIRST  IMMEDIATELY
   54  PRECEDING  THE  END  OF THE FISCAL YEAR FOR WHICH THE ASSESSMENT IS MADE
       S. 2007                            51                            A. 3007
    1  (LESS RETURN PREMIUMS AND CONSIDERATIONS THEREON) FOR INSURANCE POLICIES
    2  OR CONTRACTS OF MAJOR MEDICAL  OR  SIMILAR  COMPREHENSIVE  TYPE  MEDICAL
    3  COVERAGE  OR  DENTAL  COVERAGE  DELIVERED OR ISSUED FOR DELIVERY IN THIS
    4  STATE;  BUT  EXCLUDING INSURANCE POLICIES OR CONTRACTS FOR MAJOR MEDICAL
    5  OR SIMILAR COMPREHENSIVE TYPE MEDICAL OR DENTAL  COVERAGE  DELIVERED  OR
    6  ISSUED  FOR DELIVERY IN THIS STATE UNDER TITLE XVIII OF THE SOCIAL SECU-
    7  RITY ACT (MEDICARE), MEDICAL ASSISTANCE UNDER TITLE  ELEVEN  OF  ARTICLE
    8  FIVE  OF THE SOCIAL SERVICES LAW, CHILD HEALTH PLUS INSURANCE PLAN UNDER
    9  SECTION TWENTY-FIVE HUNDRED OF THE PUBLIC HEALTH LAW  AND/OR  THE  BASIC
   10  HEALTH  INSURANCE  PLAN  PURSUANT TO PARAGRAPH (E) OF SUBDIVISION ONE OF
   11  SECTION THREE HUNDRED SIXTY-NINE-GG OF THE SOCIAL SERVICES LAW.
   12    (B)  THE  ASSESSMENT  UPON  DOMESTIC  ACCIDENT  AND  HEALTH   INSURERS
   13  DESCRIBED  IN SUBSECTION (A) OF THIS SECTION SHALL BE MADE BY THE SUPER-
   14  INTENDENT COMMENCING APRIL FIRST, TWO THOUSAND  FIFTEEN,  IN  A  SUM  AS
   15  PRESCRIBED  BY  THE  SUPERINTENDENT FOR SUCH INSURERS' PRO RATA SHARE OF
   16  THE ANNUAL EXPENSES OF THE NY STATE OF HEALTH ATTRIBUTABLE TO  QUALIFIED
   17  HEALTH  PLAN  COVERAGE FOR THE TWO THOUSAND FIFTEEN-TWO THOUSAND SIXTEEN
   18  FISCAL YEAR, AS ESTIMATED BY THE SUPERINTENDENT. SUCH PAYMENT  SHALL  BE
   19  MADE  ON  OR  BEFORE  FEBRUARY FIFTEENTH, TWO THOUSAND SIXTEEN, OR ON OR
   20  BEFORE SUCH OTHER DATES AS THE SUPERINTENDENT MAY  PRESCRIBE.  FOLLOWING
   21  THE DETERMINATION OF THE AMOUNT COLLECTED BASED ON THE ACTUAL ENROLLMENT
   22  IN  QUALIFIED  HEALTH  PLAN  COVERAGE THROUGH THE NY STATE OF HEALTH AND
   23  FULLY INSURED INDIVIDUAL, SMALL GROUP, AND LARGE GROUP COVERAGE  OUTSIDE
   24  THE NY STATE OF HEALTH FOR THE TWO THOUSAND FIFTEEN-TWO THOUSAND SIXTEEN
   25  FISCAL YEAR, ANY OVERPAYMENT OF SUCH ASSESSMENT SHALL BE APPLIED AGAINST
   26  THE  NEXT  ESTIMATED QUARTERLY ASSESSMENT FOR SUCH EXPENSES AS SET FORTH
   27  IN THIS SECTION, IF LESS THAN OR  EQUAL  TO  SUCH  AMOUNT,  UNTIL  FULLY
   28  RECONCILED.  HOWEVER,  IF  THE  ASSESSMENT  COLLECTED  IS  LESS THAN THE
   29  EXPENSES OF THE NY STATE OF HEALTH ATTRIBUTABLE TO QUALIFIED HEALTH PLAN
   30  COVERAGE FOR THE TWO THOUSAND FIFTEEN-TWO THOUSAND SIXTEEN FISCAL  YEAR,
   31  THE  SUPERINTENDENT  MAY REQUIRE FULL PAYMENT TO BE MADE ON SUCH DATE OF
   32  THE FISCAL YEAR AS THE SUPERINTENDENT MAY DETERMINE.
   33    (C) FOR EACH FISCAL YEAR COMMENCING ON OR AFTER APRIL FIRST, TWO THOU-
   34  SAND SIXTEEN, A PARTIAL PAYMENT SHALL BE MADE BY A DOMESTIC ACCIDENT AND
   35  HEALTH INSURER IN A SUM EQUAL TO TWENTY-FIVE PER CENTUM, OR  SUCH  OTHER
   36  PER  CENTUM  OR  PER CENTUMS AS THE SUPERINTENDENT MAY PRESCRIBE, OF ITS
   37  PRO RATA SHARE OF THE ANNUAL EXPENSES OF THE NY STATE OF HEALTH  ATTRIB-
   38  UTABLE TO QUALIFIED HEALTH PLAN COVERAGE ASSESSED UPON IT FOR THE FISCAL
   39  YEAR  AS  ESTIMATED BY THE SUPERINTENDENT. SUCH PAYMENT SHALL BE MADE ON
   40  MARCH FIFTEENTH OF THE PRECEDING FISCAL  YEAR  AND  ON  JUNE  FIFTEENTH,
   41  SEPTEMBER  FIFTEENTH  AND  DECEMBER  FIFTEENTH  OF EACH YEAR, OR AT SUCH
   42  OTHER DATES AS THE SUPERINTENDENT MAY  PRESCRIBE.    THE  SUPERINTENDENT
   43  SHALL  ANNUALLY  RECONCILE  THE  ASSESSMENT PERCENTAGE BASED UPON ACTUAL
   44  PREMIUM DATA SUBMITTED TO THE SUPERINTENDENT OR COMMISSIONER OF  HEALTH,
   45  AS  APPLICABLE.  THE BALANCE OF ASSESSMENTS FOR THE FISCAL YEAR SHALL BE
   46  PAID  UPON  DETERMINATION  OF  THE  AMOUNT  COLLECTED  FOR  POLICIES  OR
   47  CONTRACTS  OF MAJOR MEDICAL OR SIMILAR COMPREHENSIVE TYPE MEDICAL COVER-
   48  AGE OR DENTAL COVERAGE DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE AS
   49  SET FORTH IN SUBSECTION (A) OF THIS SECTION. ANY OVERPAYMENT  OF  ANNUAL
   50  ASSESSMENT  RESULTING  FROM  COMPLYING  WITH  THE  REQUIREMENTS  OF THIS
   51  SECTION SHALL BE APPLIED AGAINST THE NEXT  ESTIMATED  QUARTERLY  ASSESS-
   52  MENT, IF LESS THAN OR EQUAL TO SUCH AMOUNT, UNTIL FULLY RECONCILED.
   53    (D)(1)  PAYMENTS  AND REPORTS SUBMITTED OR REQUIRED TO BE SUBMITTED TO
   54  THE COMMISSIONER OF HEALTH PURSUANT TO THIS SECTION BY A DOMESTIC  ACCI-
   55  DENT AND HEALTH INSURER SHALL BE SUBJECT TO AUDIT BY THE COMMISSIONER OF
   56  HEALTH  FOR  A  PERIOD  OF SIX YEARS FOLLOWING THE CLOSE OF THE CALENDAR
       S. 2007                            52                            A. 3007
    1  YEAR IN WHICH SUCH PAYMENTS  AND  REPORTS  ARE  DUE,  AFTER  WHICH  SUCH
    2  PAYMENTS  SHALL BE DEEMED FINAL AND NOT SUBJECT TO FURTHER ADJUSTMENT OR
    3  RECONCILIATION, INCLUDING THROUGH OFFSET ADJUSTMENTS OR  RECONCILIATIONS
    4  MADE  BY  THE DOMESTIC ACCIDENT AND HEALTH INSURER WITH REGARD TO SUBSE-
    5  QUENT  PAYMENTS,  PROVIDED,  HOWEVER,  THAT  NOTHING  HEREIN  SHALL   BE
    6  CONSTRUED  AS  PRECLUDING  THE  COMMISSIONER  OF  HEALTH  FROM  PURSUING
    7  COLLECTION OF ANY SUCH PAYMENTS WHICH ARE IDENTIFIED AS DELINQUENT WITH-
    8  IN SUCH SIX YEAR PERIOD, OR WHICH ARE  IDENTIFIED  AS  DELINQUENT  AS  A
    9  RESULT  OF  AN  AUDIT  COMMENCED  WITHIN  SUCH  SIX YEAR PERIOD, OR FROM
   10  CONDUCTING AN AUDIT OF ANY ADJUSTMENTS AND  RECONCILIATION  WITHIN  SUCH
   11  SIX  YEAR  PERIOD, OR FROM CONDUCTING AN AUDIT OF PAYMENTS MADE PRIOR TO
   12  SUCH SIX YEAR PERIOD WHICH ARE FOUND  TO  BE  COMMINGLED  WITH  PAYMENTS
   13  WHICH ARE OTHERWISE SUBJECT TO TIMELY AUDIT PURSUANT TO THIS SECTION.
   14    (2)  THE  SUPERINTENDENT  MAY  ASSESS  A  DOMESTIC ACCIDENT AND HEALTH
   15  INSURER WHICH, IN THE COURSE OF AN AUDIT PURSUANT TO THIS SECTION, FAILS
   16  TO PRODUCE DATA OR DOCUMENTATION REQUESTED IN  FURTHERANCE  OF  SUCH  AN
   17  AUDIT,  WITHIN THIRTY DAYS OF SUCH REQUEST, A CIVIL PENALTY OF UP TO TEN
   18  THOUSAND DOLLARS FOR EACH SUCH FAILURE,  PROVIDED,  HOWEVER,  THAT  SUCH
   19  CIVIL  PENALTY  SHALL NOT BE IMPOSED IF THE DOMESTIC ACCIDENT AND HEALTH
   20  INSURER DEMONSTRATES GOOD CAUSE FOR SUCH FAILURE.
   21    (3) RECORDS REQUIRED TO BE RETAINED FOR AUDIT VERIFICATION PURPOSES BY
   22  A DOMESTIC ACCIDENT AND HEALTH INSURER IN ACCORDANCE WITH  THIS  SECTION
   23  SHALL  INCLUDE,  ON  A  MONTHLY  BASIS,  THE SOURCE RECORDS GENERATED BY
   24  SUPPORTING INFORMATION SYSTEMS, FINANCIAL ACCOUNTING RECORDS,  AND  SUCH
   25  OTHER  RECORDS  AS  MAY  BE  REQUIRED  TO  PROVE COMPLIANCE WITH, AND TO
   26  SUPPORT REPORTS SUBMITTED IN ACCORDANCE WITH, THIS SECTION.
   27    (4) IF A DOMESTIC ACCIDENT AND HEALTH INSURER FAILS TO PRODUCE DATA OR
   28  DOCUMENTATION REQUESTED IN FURTHERANCE OF  AN  AUDIT  PURSUANT  TO  THIS
   29  SECTION  FOR  A QUARTER TO WHICH THE ASSESSMENT APPLIES, THE SUPERINTEN-
   30  DENT MAY ESTIMATE, BASED ON AVAILABLE FINANCIAL AND STATISTICAL DATA  AS
   31  DETERMINED  BY  THE  SUPERINTENDENT,  THE  AMOUNT  DUE FOR SUCH QUARTER.
   32  INTEREST AND PENALTIES SHALL BE APPLIED TO SUCH AMOUNTS DUE  IN  ACCORD-
   33  ANCE  WITH THE PROVISIONS OF SUBSECTION (B) OF SECTION NINE THOUSAND ONE
   34  HUNDRED NINE OF THE INSURANCE LAW.
   35    (5) THE SUPERINTENDENT MAY, AS PART OF A FINAL RESOLUTION OF AN  AUDIT
   36  CONDUCTED  BY  THE  COMMISSIONER  OF HEALTH PURSUANT TO THIS SUBSECTION,
   37  WAIVE PAYMENT OF INTEREST AND PENALTIES OTHERWISE APPLICABLE PURSUANT TO
   38  SUBSECTION (B) OF SECTION NINE THOUSAND ONE HUNDRED NINE OF  THE  INSUR-
   39  ANCE  LAW,  WHEN  AMOUNTS DUE AS A RESULT OF SUCH AUDIT, OTHER THAN SUCH
   40  WAIVED PENALTIES AND INTEREST, ARE PAID IN FULL TO THE  COMMISSIONER  OF
   41  HEALTH WITHIN SIXTY DAYS OF THE ISSUANCE OF A FINAL AUDIT REPORT THAT IS
   42  MUTUALLY  AGREED  TO BY THE COMMISSIONER OF HEALTH AND DOMESTIC ACCIDENT
   43  AND HEALTH INSURER, PROVIDED, HOWEVER, THAT IF SUCH FINAL  AUDIT  REPORT
   44  IS  NOT  SO  MUTUALLY AGREED UPON, THEN THE SUPERINTENDENT SHALL HAVE NO
   45  OBLIGATIONS PURSUANT TO THIS PARAGRAPH.
   46    (6) THE COMMISSIONER OF HEALTH MAY ENTER  INTO  AN  AGREEMENT  WITH  A
   47  DOMESTIC  ACCIDENT  AND HEALTH INSURER IN REGARD TO WHICH AUDIT FINDINGS
   48  OR PRIOR SETTLEMENTS HAVE BEEN MADE PURSUANT TO THIS SECTION,  EXTENDING
   49  AND  APPLYING  SUCH  AUDIT  FINDINGS  OR PRIOR SETTLEMENTS, OR A PORTION
   50  THEREOF, IN SETTLEMENT AND SATISFACTION OF POTENTIAL  AUDIT  LIABILITIES
   51  FOR SUBSEQUENT UNAUDITED PERIODS. THE SUPERINTENDENT MAY REDUCE OR WAIVE
   52  PAYMENT  OF  INTEREST  AND PENALTIES OTHERWISE APPLICABLE TO SUCH SUBSE-
   53  QUENT UNAUDITED PERIODS WHEN SUCH AMOUNTS DUE AS A RESULT OF SUCH AGREE-
   54  MENT, OTHER THAN REDUCED OR WAIVED INTEREST AND PENALTIES, ARE  PAID  IN
   55  FULL  TO  THE  COMMISSIONER  OF HEALTH WITHIN SIXTY DAYS OF EXECUTION OF
   56  SUCH AGREEMENT BY ALL PARTIES TO THE AGREEMENT. ANY PAYMENTS MADE PURSU-
       S. 2007                            53                            A. 3007
    1  ANT TO AN AGREEMENT ENTERED INTO IN ACCORDANCE WITH THIS PARAGRAPH SHALL
    2  BE DEEMED TO BE IN FULL SATISFACTION OF ANY LIABILITY ARISING UNDER THIS
    3  SECTION, AS REFERENCED IN  SUCH  AGREEMENT  AND  FOR  THE  TIME  PERIODS
    4  COVERED  BY  SUCH AGREEMENT, PROVIDED, HOWEVER, THAT THE COMMISSIONER OF
    5  HEALTH MAY AUDIT FUTURE RETROACTIVE ADJUSTMENTS  TO  PAYMENTS  MADE  FOR
    6  SUCH  PERIODS  BASED  ON REPORTS FILED BY A DOMESTIC ACCIDENT AND HEALTH
    7  INSURER SUBSEQUENT TO SUCH AGREEMENT.
    8    (E) THE COMMISSIONER OF HEALTH SHALL HAVE THE AUTHORITY UNDER  SECTION
    9  TWENTY-EIGHT  HUNDRED  SEVEN-Y OF THE PUBLIC HEALTH LAW TO CONTRACT WITH
   10  THE ARTICLE FORTY-THREE INSURANCE LAW PLANS, OR SUCH  OTHER  CONTRACTORS
   11  AS  THE  COMMISSIONER  OF  HEALTH  SHALL  DESIGNATE,  TO ISSUE INVOICES,
   12  RECEIVE PAYMENT, AND DISTRIBUTE FUNDS FROM THE ASSESSMENT AUTHORIZED  BY
   13  THIS  SECTION  AND  TO  DEPOSIT IT INTO THE SPECIAL REVENUE FUNDS-OTHER,
   14  HCRA RESOURCES FUND.
   15    (F) FOR THE PURPOSE OF THIS SECTION,  "ACCIDENT  AND  HEALTH  INSURER"
   16  SHALL  MEAN AN INSURER AUTHORIZED UNDER THE INSURANCE LAW TO WRITE ACCI-
   17  DENT AND HEALTH INSURANCE IN THIS STATE, A CORPORATION ORGANIZED  PURSU-
   18  ANT TO ARTICLE FORTY-THREE OF THE INSURANCE LAW, OR A HEALTH MAINTENANCE
   19  ORGANIZATION  HOLDING  OR  REQUIRED  TO  HOLD A CERTIFICATE OF AUTHORITY
   20  PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC  HEALTH  LAW,  THAT  WRITES
   21  MAJOR  MEDICAL  OR SIMILAR COMPREHENSIVE TYPE MEDICAL COVERAGE OR WRITES
   22  DENTAL COVERAGE.
   23    (G) FOR THE PURPOSE OF THIS SECTION,  "DOMESTIC  ACCIDENT  AND  HEALTH
   24  INSURER"  SHALL  MEAN  AN  ACCIDENT  AND  HEALTH INSURER INCORPORATED OR
   25  ORGANIZED UNDER ANY LAW OF THIS STATE.
   26    S 2. Paragraph (g) and (h) of subdivision 1 of section 2807-y  of  the
   27  public health law, as added by section 67 of part B of chapter 58 of the
   28  laws  of  2005,  are amended and a new paragraph (i) is added to read as
   29  follows:
   30    (g) section thirty-six hundred fourteen-a of this chapter; [and]
   31    (h) section three hundred sixty-seven-i of the social services law[.];
   32  AND
   33    (I) SECTION TWO HUNDRED EIGHT OF THE FINANCIAL SERVICES LAW.
   34    S 3. Subdivision 3 of section 2807-y of  the  public  health  law,  as
   35  added  by  section  67  of  part B of chapter 58 of the laws of 2005, is
   36  amended to read as follows:
   37    3. The reasonable costs and expenses of an administrator  as  approved
   38  by  the  commissioner, not to exceed for personnel services on an annual
   39  basis  [four]  SIX  million  [five  hundred]  fifty  thousand   dollars,
   40  increased  annually  by  the  lower  of the consumer price index or five
   41  percent, for collection and distribution of allowances  and  assessments
   42  set  forth  in  subdivision  one of this section, shall be paid from the
   43  allowance and assessment funds.
   44    S 4. Notwithstanding any inconsistent provision of law, rule or  regu-
   45  lation, for purposes of implementing the provisions of the public health
   46  law and the social services law, references to titles XIX and XXI of the
   47  federal  social  security  act  in  the public health law and the social
   48  services law shall be deemed to include and also to mean  any  successor
   49  titles thereto under the federal social security act.
   50    S 5. Severability clause. If any clause, sentence, paragraph, subdivi-
   51  sion,  section  or  part  of  this act shall be adjudged by any court of
   52  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   53  impair or invalidate the remainder thereof, but shall be confined in its
   54  operation  to  the  clause, sentence, paragraph, subdivision, section or
   55  part thereof directly involved in the controversy in which such judgment
   56  shall have been rendered. It is hereby declared to be the intent of  the
       S. 2007                            54                            A. 3007
    1  legislature  that  this act would have been enacted even if such invalid
    2  provisions had not been included herein.
    3    S  6.  This  act  shall take effect immediately and shall be deemed to
    4  have been in full force and effect on and after April 1, 2015;  provided
    5  that:
    6    1.  any  rules or regulations necessary to implement the provisions of
    7  this act may be promulgated and any procedures, forms,  or  instructions
    8  necessary  for such implementation may be adopted and issued on or after
    9  the date this act shall have become a law;
   10    2. this act shall not be construed to alter, change, affect, impair or
   11  defeat any rights, obligations, duties or interests accrued, incurred or
   12  conferred prior to the effective date of this act;
   13    3. the commissioner of health  and  the  superintendent  of  financial
   14  services may take any steps necessary to implement this act prior to its
   15  effective date;
   16    4. notwithstanding any inconsistent provision of the state administra-
   17  tive  procedure  act  or any other provision of law, rule or regulation,
   18  the commissioner of health and the superintendent of financial  services
   19  are authorized to adopt or amend or promulgate on an emergency basis any
   20  regulation  they  determine necessary to implement any provision of this
   21  act on its effective date; and
   22    5. the provisions of this act shall become  effective  notwithstanding
   23  the  failure  of  the  commissioner  of  health or the superintendent of
   24  financial services to adopt or amend or  promulgate  regulations  imple-
   25  menting this act.
   26                                   PART H
   27    Section  1.  Section  2801-a  of  the  public health law is amended by
   28  adding a new subdivision 17 to read as follows:
   29    17. (A) DIAGNOSTIC OR TREATMENT CENTERS ESTABLISHED TO PROVIDE  HEALTH
   30  CARE SERVICES WITHIN THE SPACE OF A RETAIL BUSINESS OPERATION, SUCH AS A
   31  PHARMACY  OR A STORE OPEN TO THE GENERAL PUBLIC, OR WITHIN SPACE USED BY
   32  AN EMPLOYER FOR PROVIDING HEALTH CARE SERVICES TO ITS EMPLOYEES, MAY  BE
   33  OPERATED  BY  LEGAL  ENTITIES  FORMED UNDER THE LAWS OF THE STATE OF NEW
   34  YORK: (I) WHOSE STOCKHOLDERS OR MEMBERS, AS APPLICABLE, ARE NOT  NATURAL
   35  PERSONS;  (II)  WHOSE PRINCIPAL STOCKHOLDERS AND MEMBERS, AS APPLICABLE,
   36  AND CONTROLLING PERSONS COMPLY WITH ALL APPLICABLE REQUIREMENTS OF  THIS
   37  SECTION;  AND  (III) THAT DEMONSTRATE, TO THE SATISFACTION OF THE PUBLIC
   38  HEALTH AND HEALTH PLANNING COUNCIL, SUFFICIENT EXPERIENCE AND  EXPERTISE
   39  IN  DELIVERING  HIGH  QUALITY  HEALTH CARE SERVICES. SUCH DIAGNOSTIC AND
   40  TREATMENT CENTERS SHALL BE REFERRED  TO  IN  THIS  SECTION  AS  "LIMITED
   41  SERVICES CLINICS".
   42    (B)  FOR  PURPOSES  OF  PARAGRAPH  (A) OF THIS SUBDIVISION, THE PUBLIC
   43  HEALTH AND HEALTH PLANNING COUNCIL SHALL ADOPT AND AMEND RULES AND REGU-
   44  LATIONS, NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION,  TO
   45  ADDRESS  ANY  MATTER  IT DEEMS PERTINENT TO THE ESTABLISHMENT OF LIMITED
   46  SERVICES CLINICS. SUCH RULES AND REGULATIONS SHALL INCLUDE, BUT  NOT  BE
   47  LIMITED TO, PROVISIONS GOVERNING OR RELATING TO: (I) ANY DIRECT OR INDI-
   48  RECT  CHANGES  OR  TRANSFERS  OF OWNERSHIP INTERESTS OR VOTING RIGHTS IN
   49  SUCH ENTITIES OR THEIR STOCKHOLDERS  OR  MEMBERS,  AS  APPLICABLE;  (II)
   50  PUBLIC  HEALTH  AND  HEALTH  PLANNING  COUNCIL APPROVAL OF ANY CHANGE IN
   51  CONTROLLING  INTERESTS,  PRINCIPAL  STOCKHOLDERS,  CONTROLLING  PERSONS,
   52  PARENT  COMPANY  OR  SPONSORS;  (III)  OVERSIGHT OF THE OPERATOR AND ITS
   53  SHAREHOLDERS OR MEMBERS, AS APPLICABLE, INCLUDING  LOCAL  GOVERNANCE  OF
   54  THE  LIMITED SERVICES CLINICS; AND (IV) THE CHARACTER AND COMPETENCE AND
       S. 2007                            55                            A. 3007
    1  QUALIFICATIONS OF, AND CHANGES RELATING TO, THE DIRECTORS  AND  OFFICERS
    2  OF  THE  OPERATOR  AND  ITS PRINCIPAL STOCKHOLDERS, CONTROLLING PERSONS,
    3  PARENT COMPANY OR SPONSORS.
    4    (C) THE FOLLOWING PROVISIONS OF THIS SECTION SHALL NOT APPLY TO LIMIT-
    5  ED  SERVICES  CLINICS:  (I)  PARAGRAPH  (A) OF SUBDIVISION THREE OF THIS
    6  SECTION; (II) PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION, RELAT-
    7  ING TO STOCKHOLDERS AND MEMBERS OTHER THAN  PRINCIPAL  STOCKHOLDERS  AND
    8  PRINCIPAL  MEMBERS;  (III)  PARAGRAPH  (C)  OF  SUBDIVISION FOUR OF THIS
    9  SECTION, RELATING TO THE DISPOSITION OF STOCK OR VOTING RIGHTS; AND (IV)
   10  PARAGRAPH (E) OF SUBDIVISION FOUR  OF  THIS  SECTION,  RELATING  TO  THE
   11  OWNERSHIP OF STOCK OR MEMBERSHIP.
   12    (D)  A  LIMITED  SERVICES  CLINIC SHALL BE DEEMED TO BE A "HEALTH CARE
   13  PROVIDER" FOR THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF  THIS  CHAP-
   14  TER.  A  PRESCRIBER  PRACTICING IN A LIMITED SERVICE CLINIC SHALL NOT BE
   15  DEEMED TO BE IN THE EMPLOY OF A PHARMACY OR PRACTICING IN A HOSPITAL FOR
   16  PURPOSES OF SUBDIVISION TWO OF SECTION SIXTY-EIGHT HUNDRED SEVEN OF  THE
   17  EDUCATION LAW.
   18    (E) THE COMMISSIONER SHALL PROMULGATE REGULATIONS SETTING FORTH OPERA-
   19  TIONAL  AND PHYSICAL PLANT STANDARDS FOR LIMITED SERVICES CLINICS, WHICH
   20  MAY BE DIFFERENT FROM THE REGULATIONS OTHERWISE APPLICABLE TO DIAGNOSTIC
   21  OR TREATMENT CENTERS, INCLUDING, BUT NOT LIMITED TO:
   22    (I) REQUIRING  THAT  LIMITED  SERVICES  CLINICS  ATTAIN  AND  MAINTAIN
   23  ACCREDITATION  AND  REQUIRING  TIMELY  REPORTING  TO THE DEPARTMENT IF A
   24  LIMITED SERVICE CLINIC LOSES ITS ACCREDITATION;
   25    (II) DESIGNATING OR LIMITING THE TREATMENTS AND SERVICES THAT  MAY  BE
   26  PROVIDED, INCLUDING:
   27    (1)  PROHIBITING  THE  PROVISION  OF  SERVICES TO PATIENTS TWENTY-FOUR
   28  MONTHS OF AGE OR YOUNGER;
   29    (2) THE PROVISION OF SPECIFIC IMMUNIZATIONS TO PATIENTS  YOUNGER  THAN
   30  EIGHTEEN YEARS OF AGE;
   31    (III)  REQUIRING  LIMITED SERVICE CLINICS TO ACCEPT WALK-INS AND OFFER
   32  EXTENDED BUSINESS HOURS;
   33    (IV) SETTING FORTH GUIDELINES FOR ADVERTISING AND SIGNAGE,  DISCLOSURE
   34  OF  OWNERSHIP  INTERESTS, INFORMED CONSENT, RECORD KEEPING, REFERRAL FOR
   35  TREATMENT AND CONTINUITY OF CARE, CASE REPORTING TO THE PATIENT'S PRIMA-
   36  RY CARE OR OTHER HEALTH CARE PROVIDERS, DESIGN, CONSTRUCTION,  FIXTURES,
   37  AND   EQUIPMENT.  SIGNAGE  SHALL  ALSO  BE  REQUIRED  TO  INDICATE  THAT
   38  PRESCRIPTIONS AND  OVER-THE-COUNTER  SUPPLIES  MAY  BE  PURCHASED  BY  A
   39  PATIENT FROM ANY BUSINESS AND DO NOT NEED TO BE PURCHASED ON-SITE; AND
   40    (V)  REQUIRING  THE OPERATOR TO DIRECTLY EMPLOY A MEDICAL DIRECTOR WHO
   41  IS LICENSED AND CURRENTLY REGISTERED TO PRACTICE MEDICINE IN  THE  STATE
   42  OF NEW YORK.
   43    (F)  SUCH  REGULATIONS  ALSO SHALL PROMOTE AND STRENGTHEN PRIMARY CARE
   44  THROUGH: (I) THE INTEGRATION OF SERVICES PROVIDED  BY  LIMITED  SERVICES
   45  CLINICS  WITH  THE  SERVICES PROVIDED BY THE PATIENT'S OTHER HEALTH CARE
   46  PROVIDERS; AND (II) THE REFERRAL OF PATIENTS TO APPROPRIATE HEALTH  CARE
   47  PROVIDERS, INCLUDING APPROPRIATE TRANSMISSION OF PATIENT HEALTH RECORDS.
   48    S 2. The public health law is amended by adding a new section 230-e to
   49  read as follows:
   50    S 230-E. URGENT CARE. 1. DEFINITIONS. AS USED IN THIS SECTION:
   51    (A)  "ACCREDITED  STATUS"  SHALL  MEAN  THE FULL ACCREDITATION BY SUCH
   52  NATIONALLY-RECOGNIZED ACCREDITING AGENCIES AS DETERMINED BY THE  COMMIS-
   53  SIONER.
   54    (B) "EMERGENCY MEDICAL CARE" SHALL MEAN THE PROVISION OF TREATMENT FOR
   55  LIFE-THREATENING  OR  POTENTIALLY  DISABLING TRAUMA, BURNS, RESPIRATORY,
   56  CIRCULATORY OR OBSTETRICAL CONDITIONS.
       S. 2007                            56                            A. 3007
    1    (C) "LICENSEE" SHALL MEAN AN INDIVIDUAL LICENSED OR OTHERWISE  AUTHOR-
    2  IZED UNDER ARTICLE ONE HUNDRED THIRTY-ONE OR ONE HUNDRED THIRTY-ONE-B OF
    3  THE EDUCATION LAW.
    4    (D) "URGENT CARE" SHALL MEAN THE PROVISION OF TREATMENT ON AN UNSCHED-
    5  ULED  BASIS  TO  PATIENTS FOR ACUTE EPISODIC ILLNESS, MINOR TRAUMAS THAT
    6  ARE NOT LIFE-THREATENING, OR POTENTIALLY DISABLING, OR FOR MONITORING OR
    7  TREATMENT OVER PROLONGED PERIODS.
    8    (E) "URGENT CARE PROVIDER" SHALL MEAN A LICENSEE PRACTICE THAT  ADVER-
    9  TISES OR HOLDS ITSELF OUT AS A PROVIDER OF URGENT CARE.
   10    2.  NO  LICENSEE  PRACTICE  SHALL, WITHIN THIS STATE, DISPLAY SIGNAGE,
   11  ADVERTISE OR HOLD ITSELF OUT AS A PROVIDER OF URGENT  CARE  THROUGH  THE
   12  USE  OF  THE  TERM URGENT CARE, OR THROUGH ANY OTHER TERM OR SYMBOL THAT
   13  IMPLIES THAT IT IS A PROVIDER OF URGENT  CARE,  UNLESS  IT  OBTAINS  AND
   14  MAINTAINS  ACCREDITED STATUS, OBTAINS THE APPROVAL OF THE DEPARTMENT AND
   15  OTHERWISE COMPLIES WITH THE PROVISIONS OF THIS SECTION  AND  REGULATIONS
   16  PROMULGATED  HEREUNDER.  ANY  PROVIDER  THAT LOSES ITS ACCREDITED STATUS
   17  SHALL PROMPTLY NOTIFY THE DEPARTMENT THEREOF.
   18    3. NO LICENSEE PRACTICE SHALL, WITHIN  THIS  STATE,  DISPLAY  SIGNAGE,
   19  ADVERTISE  OR  HOLD  ITSELF  OUT AS A PROVIDER OF EMERGENCY MEDICAL CARE
   20  THROUGH THE USE OF THE TERM EMERGENCY, OR  THROUGH  ANY  OTHER  TERM  OR
   21  SYMBOL  THAT  IMPLIES  THAT  IT IS A PROVIDER OF EMERGENCY MEDICAL CARE,
   22  REGARDLESS OF WHETHER IT IS AN URGENT  CARE  PROVIDER  ACCREDITED  UNDER
   23  THIS SECTION.
   24    4.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A HOSPITAL
   25  ESTABLISHED UNDER ARTICLE TWENTY-EIGHT OF THIS  CHAPTER  FROM  PROVIDING
   26  URGENT  CARE  OR  EMERGENCY  MEDICAL  CARE,  OR FROM DISPLAYING SIGNAGE,
   27  ADVERTISING OR HOLDING ITSELF OUT AS A PROVIDER OF URGENT  OR  EMERGENCY
   28  CARE PURSUANT TO REGULATIONS PROMULGATED UNDER THAT ARTICLE.
   29    5.  THE  PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, BY A MAJORITY VOTE
   30  OF ITS MEMBERS, SHALL ADOPT AND AMEND RULES AND REGULATIONS, SUBJECT  TO
   31  THE  APPROVAL  OF  THE  COMMISSIONER,  TO  EFFECTUATE  THE  PURPOSES AND
   32  PROVISIONS OF THIS SECTION, INCLUDING, BUT NOT LIMITED TO  DEFINING  THE
   33  SCOPE  OF SERVICES THAT MAY BE PROVIDED BY URGENT CARE PROVIDERS AND THE
   34  MINIMUM SERVICES THAT SHALL BE PROVIDED; REQUIRING URGENT CARE PROVIDERS
   35  TO DISCLOSE TO PATIENTS THE SCOPE OF SERVICES PROVIDED; AND ESTABLISHING
   36  STANDARDS FOR APPROPRIATE REFERRAL AND  CONTINUITY  OF  CARE,  STAFFING,
   37  EQUIPMENT,  AND  MAINTENANCE  AND  TRANSMISSION OF PATIENT RECORDS. SUCH
   38  REGULATIONS SHALL ALSO PROMOTE AND STRENGTHEN PRIMARY CARE THROUGH:  (I)
   39  THE  INTEGRATION  OF SERVICES PROVIDED BY URGENT CARE PROVIDERS WITH THE
   40  SERVICES PROVIDED BY THE PATIENT'S OTHER HEALTH CARE PROVIDERS; AND (II)
   41  THE REFERRAL OF PATIENTS TO APPROPRIATE HEALTH CARE PROVIDERS, INCLUDING
   42  APPROPRIATE TRANSMISSION OF PATIENT HEALTH RECORDS.
   43    S 3. Subdivision 4 of  section  2951  of  the  public  health  law  is
   44  REPEALED.
   45    S 4. Section 2956 of the public health law is REPEALED.
   46    S  5.  Section 225 of the public health law is amended by adding a new
   47  subdivision 13 to read as follows:
   48    13. THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL MAY REVIEW THE  TYPE
   49  OF  PROCEDURES  PERFORMED  IN  OUTPATIENT  SETTINGS, INCLUDING PRACTICES
   50  REQUIRED TO REPORT ADVERSE EVENTS UNDER SECTION TWO HUNDRED THIRTY-D  OF
   51  THIS   ARTICLE   AND  HEALTH  CARE  FACILITIES  LICENSED  UNDER  ARTICLE
   52  TWENTY-EIGHT OF THIS CHAPTER THAT PROVIDE AMBULATORY  SURGERY  SERVICES,
   53  FOR PURPOSES OF:
   54    (A)  IDENTIFYING  THE  TYPES  OF  PROCEDURES  PERFORMED  AND  TYPES OF
   55  ANESTHESIA/SEDATION ADMINISTERED IN SUCH SETTINGS;
       S. 2007                            57                            A. 3007
    1    (B) CONSIDERING WHETHER IT  IS  APPROPRIATE  FOR  SUCH  PROCEDURES  OR
    2  ANESTHESIA/SEDATION TO BE PERFORMED IN SUCH SETTINGS;
    3    (C)  CONSIDERING WHETHER SETTINGS PERFORMING SUCH PROCEDURES OR ADMIN-
    4  ISTERING SUCH ANESTHESIA/SEDATION ARE SUBJECT TO SUFFICIENT OVERSIGHT;
    5    (D) CONSIDERING WHETHER SETTINGS PERFORMING SUCH PROCEDURES OR  ADMIN-
    6  ISTERING  SUCH ANESTHESIA/SEDATION ARE SUBJECT TO AN EQUIVALENT LEVEL OF
    7  OVERSIGHT REGARDLESS OF SETTING; AND
    8    (E) MAKING RECOMMENDATIONS TO THE DEPARTMENT REGARDING THE FOREGOING.
    9    S 6. This act shall take effect immediately, provided,  however,  that
   10  subdivision  2  of  section  230-e of the public health law, as added by
   11  section two of this act, shall take effect January 1, 2017;  subdivision
   12  3  of section 230-e of the public health law, as added by section two of
   13  this act, shall take effect January 1, 2016; and  regulations  shall  be
   14  adopted  or  amended  pursuant  to subdivision 5 of section 230-e of the
   15  public health law, as added by section two of this  act,  on  or  before
   16  January 1, 2016, and shall not take effect until January 1, 2017.
   17                                   PART I
   18    Section 1. Subdivision 2-a of section 2781 of the public health law is
   19  REPEALED.
   20    S  2.  The  criminal  procedure law is amended by adding a new section
   21  60.47 to read as follows:
   22  S 60.47 POSSESSION OF CONDOMS; RECEIPT INTO EVIDENCE.
   23    EVIDENCE THAT A PERSON WAS IN POSSESSION OF ONE OR  MORE  CONDOMS  MAY
   24  NOT  BE  ADMITTED AT ANY TRIAL, HEARING, OR OTHER PROCEEDING IN A PROSE-
   25  CUTION FOR SECTION 230.00 OR SECTION 240.37 OF THE  PENAL  LAW  FOR  THE
   26  PURPOSE  OF  ESTABLISHING  PROBABLE  CAUSE  FOR AN ARREST OR PROVING ANY
   27  PERSON'S COMMISSION OR ATTEMPTED COMMISSION OF SUCH OFFENSE.
   28    S 3. Section 220.45 of the penal law, as amended by chapter 284 of the
   29  laws of 2010, is amended to read as follows:
   30  S 220.45 Criminally possessing a hypodermic instrument.
   31    A person is guilty of criminally possessing  a  hypodermic  instrument
   32  when  he or she knowingly and unlawfully possesses or sells a hypodermic
   33  syringe or hypodermic needle. It  shall  not  be  a  violation  of  this
   34  section  when  a  person  obtains  and possesses a hypodermic syringe or
   35  hypodermic needle pursuant to section thirty-three hundred eighty-one of
   36  the public health law, WHICH INCLUDES THE STATE'S SYRINGE  EXCHANGE  AND
   37  PHARMACY AND MEDICAL PROVIDER-BASED EXPANDED SYRINGE ACCESS PROGRAMS.
   38    Criminally  possessing  a hypodermic instrument is a class A misdemea-
   39  nor.
   40    S 4. Section 220.03 of the penal law, as amended by chapter 284 of the
   41  laws of 2010, the opening paragraph as amended by  chapter  154  of  the
   42  laws of 2011, is amended to read as follows:
   43  S 220.03 Criminal  possession  of  a controlled substance in the seventh
   44              degree.
   45    A person is guilty of criminal possession of a controlled substance in
   46  the seventh degree when he or she knowingly and unlawfully  possesses  a
   47  controlled  substance;  provided,  however,  that  it  shall  not  be  a
   48  violation of this section when a person possesses a residual amount of a
   49  controlled substance and that residual amount is in or on  a  hypodermic
   50  syringe  or hypodermic needle obtained and possessed pursuant to section
   51  thirty-three hundred eighty-one of the public health law, WHICH INCLUDES
   52  THE STATE'S SYRINGE EXCHANGE AND  PHARMACY  AND  MEDICAL  PROVIDER-BASED
   53  EXPANDED  SYRINGE  ACCESS  PROGRAMS; nor shall it be a violation of this
   54  section when a person's unlawful possession of a controlled substance is
       S. 2007                            58                            A. 3007
    1  discovered as a result of seeking immediate health care  as  defined  in
    2  paragraph  (b)  of subdivision three of section 220.78 of the penal law,
    3  for either another person or him or herself because such person is expe-
    4  riencing  a  drug  or alcohol overdose or other life threatening medical
    5  emergency as defined in paragraph (a) of subdivision  three  of  section
    6  220.78 of the penal law.
    7    Criminal possession of a controlled substance in the seventh degree is
    8  a class A misdemeanor.
    9    S  5.  Paragraph  (g)  of  subdivision 2 of section 850 of the general
   10  business law, as amended by chapter 812 of the laws of 1980, is  amended
   11  to read as follows:
   12    (g)  Hypodermic  syringes, needles and other objects, used or designed
   13  for the purpose of parenterally injecting controlled substances into the
   14  human body; PROVIDED, HOWEVER, HYPODERMIC SYRINGES AND NEEDLES  OBTAINED
   15  AND POSSESSED FROM THE STATE'S SYRINGE EXCHANGE AND PHARMACY AND MEDICAL
   16  PROVIDER-BASED  EXPANDED SYRINGE ACCESS PROGRAMS SHALL NOT BE CONSIDERED
   17  DRUG-RELATED PARAPHERNALIA;
   18    S 6. Paragraph (c) of subdivision 1 of  section  3381  of  the  public
   19  health law, as amended by chapter 178 of the laws of 2010, is amended to
   20  read as follows:
   21    (c)  by  a pharmacy licensed under article one hundred thirty-seven of
   22  the education law, health care facility licensed under  article  twenty-
   23  eight  of  this  chapter  or a health care practitioner who is otherwise
   24  authorized to prescribe the use of hypodermic needles or syringes within
   25  his or her scope of practice;  provided,  however,  that  such  sale  or
   26  furnishing:  (i)  shall  only  be  to  a person eighteen years of age or
   27  older; AND (ii) [shall be limited to a quantity of ten or less hypoderm-
   28  ic needles or syringes; and (iii)] shall be in accordance with  subdivi-
   29  sion five of this section.
   30    S  7.  Paragraph  (d)  of  subdivision 5 of section 3381 of the public
   31  health law, as amended by section 9-a of part B of  chapter  58  of  the
   32  laws of 2007, is amended to read as follows:
   33    (d)  In  addition  to the requirements of paragraph (c) of subdivision
   34  one of this section, a pharmacy licensed under article one hundred thir-
   35  ty-seven of the education law may sell or furnish hypodermic needles  or
   36  syringes  only  if  such pharmacy[: (i) does not advertise to the public
   37  the availability for retail sale or furnishing of hypodermic needles  or
   38  syringes  without  a  prescription; and (ii) at any location where hypo-
   39  dermic needles or syringes are kept  for  retail  sale  or  furnishing,]
   40  stores  such  needles and syringes in a manner that makes them available
   41  only to authorized personnel and not openly available to customers.
   42    S 8. This act shall take effect immediately.
   43                                   PART J
   44    Section 1. Subparagraph (v) of paragraph a of subdivision 1 of section
   45  6908 of the education law is relettered  subparagraph  (vi)  and  a  new
   46  subparagraph (v) is added to read as follows:
   47    (V)  TASKS PROVIDED BY AN ADVANCED HOME HEALTH AIDE IN ACCORDANCE WITH
   48  REGULATIONS DEVELOPED IN CONSULTATION WITH THE  COMMISSIONER  OF  HEALTH
   49  WHICH,  AT  A MINIMUM, SHALL: (1) SPECIFY THE TYPES OF TASKS THAT MAY BE
   50  PERFORMED BY ADVANCED HOME HEALTH AIDES PURSUANT  TO  THIS  SUBPARAGRAPH
   51  ("ADVANCED  TASKS"),  WHICH  SHALL INCLUDE THE ADMINISTRATION OF MEDICA-
   52  TIONS WHICH ARE ROUTINE AND PREFILLED OR OTHERWISE PACKAGED IN A  MANNER
   53  THAT PROMOTES RELATIVE EASE OF ADMINISTRATION; (2) PROVIDE THAT ADVANCED
   54  TASKS  PERFORMED  BY  ADVANCED  HOME  HEALTH AIDES MAY BE PERFORMED ONLY
       S. 2007                            59                            A. 3007
    1  UNDER THE DIRECT SUPERVISION OF A REGISTERED PROFESSIONAL NURSE LICENSED
    2  IN NEW YORK STATE AND EMPLOYED BY A HOME CARE SERVICES  AGENCY  LICENSED
    3  OR  CERTIFIED PURSUANT TO ARTICLE THIRTY-SIX OF THE PUBLIC HEALTH LAW OR
    4  HOSPICE PROGRAM CERTIFIED PURSUANT TO ARTICLE FORTY OF THE PUBLIC HEALTH
    5  LAW,  WHERE  SUCH NURSING SUPERVISION (A) INCLUDES TRAINING AND PERIODIC
    6  ASSESSMENT OF THE PERFORMANCE OF ADVANCED TASKS, (B) SHALL BE DETERMINED
    7  BY THE REGISTERED PROFESSIONAL NURSE RESPONSIBLE  FOR  SUPERVISING  SUCH
    8  ADVANCED  TASKS  BASED  UPON  THE COMPLEXITY OF SUCH ADVANCED TASKS, THE
    9  SKILL AND EXPERIENCE OF THE ADVANCED HOME HEALTH AIDE,  AND  THE  HEALTH
   10  STATUS  OF  THE  INDIVIDUAL  FOR  WHOM  SUCH  ADVANCED  TASKS  ARE BEING
   11  PERFORMED, AND (C) INCLUDES A COMPREHENSIVE ASSESSMENT OF  THE  INDIVID-
   12  UAL'S  NEEDS;  (3)  PROVIDE THAT ADVANCED TASKS MAY BE PERFORMED ONLY IN
   13  ACCORDANCE WITH AND PURSUANT TO  AN  AUTHORIZED  PRACTITIONER'S  ORDERED
   14  CARE; (4) PROVIDE THAT ONLY A HOME HEALTH AIDE WHO HAS AT LEAST ONE YEAR
   15  OF  EXPERIENCE AS A CERTIFIED HOME HEALTH AIDE, HAS COMPLETED THE REQUI-
   16  SITE TRAINING AND DEMONSTRATED COMPETENCIES OF AN ADVANCED  HOME  HEALTH
   17  AIDE, HAS SUCCESSFULLY COMPLETED COMPETENCY EXAMINATIONS SATISFACTORY TO
   18  THE  COMMISSIONER AND MEETS OTHER APPROPRIATE QUALIFICATIONS MAY PERFORM
   19  ADVANCED TASKS AS AN ADVANCED HOME HEALTH AIDE; (5) PROVIDE THAT ONLY AN
   20  INDIVIDUAL WHO IS LISTED IN THE HOME CARE SERVICES  REGISTRY  MAINTAINED
   21  BY  THE  DEPARTMENT  OF  HEALTH  PURSUANT TO SUBDIVISION NINE OF SECTION
   22  THIRTY-SIX HUNDRED THIRTEEN OF THE PUBLIC HEALTH LAW AS HAVING SATISFIED
   23  ALL APPLICABLE TRAINING REQUIREMENTS AND HAVING  PASSED  THE  APPLICABLE
   24  COMPETENCY EXAMINATIONS AND WHO MEETS OTHER REQUIREMENTS AS SET FORTH IN
   25  REGULATIONS ISSUED BY THE COMMISSIONER OF HEALTH PURSUANT TO SUBDIVISION
   26  SEVENTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THE PUBLIC HEALTH LAW MAY
   27  PERFORM  ADVANCED  TASKS  PURSUANT  TO  THIS  SUBPARAGRAPH  AND MAY HOLD
   28  HIMSELF OR HERSELF OUT AS AN ADVANCED HOME HEALTH  AIDE;  (6)  ESTABLISH
   29  MINIMUM  STANDARDS  OF TRAINING FOR THE PERFORMANCE OF ADVANCED TASKS BY
   30  ADVANCED HOME HEALTH AIDES, INCLUDING (A) DIDACTIC TRAINING,  (B)  CLIN-
   31  ICAL  TRAINING,  AND  (C) A SUPERVISED CLINICAL PRACTICUM WITH STANDARDS
   32  SET FORTH BY THE COMMISSIONER; (7) PROVIDE  THAT  ADVANCED  HOME  HEALTH
   33  AIDES  SHALL  RECEIVE CASE-SPECIFIC TRAINING ON THE ADVANCED TASKS TO BE
   34  ASSIGNED BY THE SUPERVISING NURSE,  PROVIDED  THAT  ADDITIONAL  TRAINING
   35  SHALL  TAKE  PLACE  WHENEVER ADDITIONAL ADVANCED TASKS ARE ASSIGNED; (8)
   36  PROHIBIT AN ADVANCED HOME HEALTH AIDE FROM HOLDING  HIMSELF  OR  HERSELF
   37  OUT,  OR  ACCEPTING EMPLOYMENT AS, A PERSON LICENSED TO PRACTICE NURSING
   38  UNDER THE PROVISIONS OF THIS ARTICLE; (9) PROVIDE THAT AN ADVANCED  HOME
   39  HEALTH AIDE IS NOT REQUIRED NOR PERMITTED TO ASSESS THE MEDICATION NEEDS
   40  OF  AN  INDIVIDUAL; (10) PROVIDE THAT AN ADVANCED HOME HEALTH AIDE SHALL
   41  NOT BE AUTHORIZED TO PERFORM ANY TASKS OR ACTIVITIES  PURSUANT  TO  THIS
   42  SUBPARAGRAPH  THAT ARE OUTSIDE THE SCOPE OF PRACTICE OF A LICENSED PRAC-
   43  TICAL NURSE; (11) PROVIDE THAT AN ADVANCED HOME HEALTH AIDE SHALL  DOCU-
   44  MENT  MEDICATION  ADMINISTRATION TO EACH INDIVIDUAL THROUGH THE USE OF A
   45  MEDICATION ADMINISTRATION RECORD; AND (12) PROVIDE THAT THE  SUPERVISING
   46  REGISTERED  PROFESSIONAL  NURSE  SHALL  RETAIN  THE DISCRETION TO DECIDE
   47  WHETHER TO ASSIGN ADVANCED TASKS TO HOME HEALTH AIDES UNDER THIS PROGRAM
   48  AND SHALL NOT BE SUBJECT TO COERCION OR THE THREAT  OF  RETALIATION;  IN
   49  DEVELOPING  SUCH  REGULATIONS,  THE COMMISSIONER SHALL TAKE INTO ACCOUNT
   50  THE RECOMMENDATIONS OF THE WORKGROUP OF  STAKEHOLDERS  CONVENED  BY  THE
   51  COMMISSIONER  OF  HEALTH  FOR  THE  PURPOSE OF PROVIDING GUIDANCE ON THE
   52  FOREGOING; OR
   53    S 2. Section 3602 of the public health law is amended by adding a  new
   54  subdivision 17 to read as follows:
   55    17.  "ADVANCED  HOME  HEALTH  AIDES"  MEANS  HOME HEALTH AIDES WHO ARE
   56  AUTHORIZED TO PERFORM ADVANCED TASKS AS DELINEATED IN  SUBPARAGRAPH  (V)
       S. 2007                            60                            A. 3007
    1  OF  PARAGRAPH  A OF SUBDIVISION ONE OF SECTION SIX THOUSAND NINE HUNDRED
    2  EIGHT OF THE EDUCATION LAW AND REGULATIONS ISSUED BY THE COMMISSIONER OF
    3  EDUCATION, IN CONSULTATION WITH THE  COMMISSIONER  OF  HEALTH,  RELATING
    4  THERETO.  THE  COMMISSIONER  SHALL PROMULGATE REGULATIONS REGARDING SUCH
    5  AIDES, WHICH SHALL INCLUDE A PROCESS FOR THE LIMITATION OR REVOCATION OF
    6  THE ADVANCED HOME HEALTH AIDE'S AUTHORIZATION TO PERFORM ADVANCED  TASKS
    7  IN APPROPRIATE CASES.
    8    S  3. Subdivision 9 of section 3613 of the public health law is renum-
    9  bered subdivision 10 and a  new  subdivision  9  is  added  to  read  as
   10  follows:
   11    9.  THE DEPARTMENT SHALL INDICATE WITHIN THE HOME CARE SERVICES WORKER
   12  REGISTRY WHEN A HOME HEALTH AIDE HAS SATISFIED ALL  APPLICABLE  TRAINING
   13  AND RECERTIFICATION REQUIREMENTS AND HAS PASSED THE APPLICABLE COMPETEN-
   14  CY EXAMINATIONS NECESSARY TO PERFORM ADVANCED TASKS PURSUANT TO SUBPARA-
   15  GRAPH (V) OF PARAGRAPH A OF SUBDIVISION ONE OF SECTION SIX THOUSAND NINE
   16  HUNDRED  EIGHT  OF THE EDUCATION LAW AND REGULATIONS ISSUED THERETO. ANY
   17  LIMITATION OR REVOCATION OF THE ADVANCED  HOME  HEALTH  AIDE'S  AUTHORI-
   18  ZATION ALSO SHALL BE INDICATED ON THE REGISTRY.
   19    S  4.  In  developing  regulations  required under subparagraph (v) of
   20  paragraph a of subdivision 1 of section 6908 of the  education  law,  as
   21  added  by  section  one of this act, the commissioner of education shall
   22  consider the recommendations of the workgroup of  stakeholders  convened
   23  by  the  commissioner  of health, to provide guidance on the tasks which
   24  may be performed by advanced home health aides pursuant to such  section
   25  including  but not limited to recommendations encompassing the following
   26  matters:
   27    (a) the tasks that appropriately could be performed by  advanced  home
   28  health  aides  with  appropriate  training  and  supervision  ("advanced
   29  tasks");
   30    (b) the types of medications that advanced home health aides should be
   31  authorized to administer, including whether subcutaneous injectables and
   32  controlled substances should be authorized;
   33    (c) qualifications that must be  satisfied  by  advanced  home  health
   34  aides  to perform advanced tasks, including those related to experience,
   35  training, moral character, and examination requirements;
   36    (d) minimum training and education standards; and
   37    (e) adequate levels of supervision to be provided by nurses, including
   38  adherence to existing requirements for comprehensive assessment and  any
   39  additional  assessment that should be required, including when the indi-
   40  vidual receiving advanced tasks performed by  an  advanced  home  health
   41  aide experiences a significant change in condition.
   42    S  5.  This  act shall take effect October 1, 2015; provided, however,
   43  that the commissioner of education  shall  adopt  or  amend  regulations
   44  necessary to implement the provisions of subparagraph (v) of paragraph a
   45  of  subdivision  1  of  section  6908  of the education law, as added by
   46  section one of this act, by such effective date; provided, further, that
   47  no advanced tasks may be performed pursuant to such provision until such
   48  regulations are adopted and except in conformance with such regulations.
   49                                   PART K
   50    Section 1.  Subdivisions 1, 2 and 3 of  section  2802  of  the  public
   51  health  law,  subdivisions 1 and 2 as amended by section 58 of part A of
   52  chapter 58 of the laws of 2010, subdivision 3 as amended by chapter  609
   53  of  the  laws  of  1982 and paragraph (e) of subdivision 3 as amended by
   54  chapter 731 of the laws of 1993, are amended to read as follows:
       S. 2007                            61                            A. 3007
    1    1. An application for  such  construction  shall  be  filed  with  the
    2  department,  together  with such other forms and information as shall be
    3  prescribed by, or acceptable to, the department. Thereafter the  depart-
    4  ment  shall forward a copy of the application and accompanying documents
    5  to the public health and health planning council, and the health systems
    6  agency,  if  any, having geographical jurisdiction of the area where the
    7  hospital is located.
    8    2. The commissioner shall not act upon an application for construction
    9  of a hospital until the public health and health  planning  council  and
   10  the  health  systems  agency  have had a reasonable time to submit their
   11  recommendations, and unless (a) the applicant has obtained all approvals
   12  and consents required by law  for  its  incorporation  or  establishment
   13  (including the approval of the public health and health planning council
   14  pursuant  to the provisions of this article) provided, however, that the
   15  commissioner may act upon an application for construction by  an  appli-
   16  cant possessing a valid operating certificate when the application qual-
   17  ifies  for  review without the recommendation of the council pursuant to
   18  regulations adopted by the council and approved by the commissioner; and
   19  (b) the commissioner  is  satisfied  as  to  the  public  need  for  the
   20  construction,  at  the  time  and  place  and  under  the  circumstances
   21  proposed, provided however that[,] in the case of an  application  by  a
   22  hospital  established or operated by an organization defined in subdivi-
   23  sion one of section four hundred eighty-two-b  of  the  social  services
   24  law,  the  needs of the members of the religious denomination concerned,
   25  for care or treatment in accordance  with  their  religious  or  ethical
   26  convictions,  shall be deemed to be public need[.]; AND FURTHER PROVIDED
   27  THAT: (I) AN APPLICATION BY A GENERAL HOSPITAL OR DIAGNOSTIC AND  TREAT-
   28  MENT  CENTER, ESTABLISHED UNDER THIS ARTICLE, TO CONSTRUCT A FACILITY TO
   29  PROVIDE PRIMARY CARE SERVICES, AS DEFINED IN REGULATION, MAY BE APPROVED
   30  WITHOUT REGARD FOR PUBLIC NEED; OR (II)  AN  APPLICATION  BY  A  GENERAL
   31  HOSPITAL  OR  A  DIAGNOSTIC AND TREATMENT CENTER, ESTABLISHED UNDER THIS
   32  ARTICLE, TO UNDERTAKE CONSTRUCTION THAT DOES NOT  INVOLVE  A  CHANGE  IN
   33  CAPACITY,  THE  TYPES  OF  SERVICES  PROVIDED,  MAJOR MEDICAL EQUIPMENT,
   34  FACILITY REPLACEMENT, OR THE GEOGRAPHIC LOCATION  OF  SERVICES,  MAY  BE
   35  APPROVED WITHOUT REGARD FOR PUBLIC NEED.
   36    3.  Subject  to  the provisions of paragraph (b) of subdivision two OF
   37  THIS SECTION, the commissioner in approving the construction of a hospi-
   38  tal shall take into consideration and be empowered to  request  informa-
   39  tion  and  advice  as  to (a) the availability of facilities or services
   40  such as preadmission, ambulatory or home care services which  may  serve
   41  as alternatives or substitutes for the whole or any part of the proposed
   42  hospital construction;
   43    (b)  the need for special equipment in view of existing utilization of
   44  comparable equipment at the time and place and under  the  circumstances
   45  proposed;
   46    (c)  the  possible  economies and improvements in service to be antic-
   47  ipated from the operation of joint central services including,  but  not
   48  limited  to  laboratory,  research,  radiology,  pharmacy,  laundry  and
   49  purchasing;
   50    (d) the adequacy of financial resources and sources of future revenue,
   51  PROVIDED THAT THE COMMISSIONER MAY, BUT IS NOT REQUIRED TO, CONSIDER THE
   52  ADEQUACY OF  FINANCIAL  RESOURCES  AND  SOURCES  OF  FUTURE  REVENUE  IN
   53  RELATION  TO  APPLICATIONS UNDER SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH
   54  (B) OF SUBDIVISION TWO OF THIS SECTION; and
   55    (e) whether the facility is currently in substantial  compliance  with
   56  all applicable codes, rules and regulations, provided, however, that the
       S. 2007                            62                            A. 3007
    1  commissioner  shall  not  disapprove  an application solely on the basis
    2  that the facility is not currently in  substantial  compliance,  if  the
    3  application is specifically:
    4    (i) to correct life safety code or patient care deficiencies;
    5    (ii)  to correct deficiencies which are necessary to protect the life,
    6  health, safety and welfare of facility patients, residents or staff;
    7    (iii) for replacement of equipment that no longer meets the  generally
    8  accepted  operational  standards existing for such equipment at the time
    9  it was acquired; and
   10    (iv) for decertification of beds and services.
   11    S 2. Subdivisions 1, 2 and 3 of section 2807-z of  the  public  health
   12  law,  as amended by chapter 400 of the laws of 2012, are amended to read
   13  as follows:
   14    1. Notwithstanding any provision of this chapter or regulations or any
   15  other state law or regulation,  for  any  eligible  capital  project  as
   16  defined  in  subdivision  six of this section, the department shall have
   17  thirty  days  [of]  AFTER  receipt  of  the  certificate  of   need   OR
   18  CONSTRUCTION  application,  PURSUANT TO SECTION TWENTY-EIGHT HUNDRED TWO
   19  OF THIS ARTICLE, for a limited or administrative  review  to  deem  such
   20  application  complete.  If  the department determines the application is
   21  incomplete or that more information is required,  the  department  shall
   22  notify  the  applicant  in writing within thirty days of the date of the
   23  application's submission, and the applicant shall have  twenty  business
   24  days  to  provide  additional information or otherwise correct the defi-
   25  ciency in the application.
   26    2. For an eligible capital project requiring a limited or  administra-
   27  tive  review,  within ninety days of the department deeming the applica-
   28  tion complete, the department shall make a decision to approve or disap-
   29  prove the certificate of  need  OR  CONSTRUCTION  application  for  such
   30  project.  If  the  department  determines to disapprove the project, the
   31  basis for such disapproval shall be provided in writing; however, disap-
   32  proval shall not be based on the incompleteness of the  application.  If
   33  the  department fails to take action to approve or disapprove the appli-
   34  cation within ninety days of the certificate of need  application  being
   35  deemed complete, the application will be deemed approved.
   36    3.  For an eligible capital project requiring full review by the coun-
   37  cil, the certificate of need OR CONSTRUCTION application shall be placed
   38  on the next council agenda following the department deeming the applica-
   39  tion complete.
   40    S 3. Section 2801-a of the public health law is amended  by  adding  a
   41  new subdivision 3-b to read as follows:
   42    3-B.  NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF  THIS CHAPTER TO THE
   43  CONTRARY, THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL MAY APPROVE  THE
   44  ESTABLISHMENT  OF DIAGNOSTIC OR TREATMENT CENTERS TO BE ISSUED OPERATING
   45  CERTIFICATES FOR THE PURPOSE OF PROVIDING PRIMARY CARE,  AS  DEFINED  BY
   46  THE  COMMISSIONER  IN REGULATIONS, WITHOUT REGARD TO THE REQUIREMENTS OF
   47  PUBLIC NEED AND FINANCIAL RESOURCES AS SET FORTH IN SUBDIVISION THREE OF
   48  THIS SECTION.
   49    S 4. Subdivision 3 of section 2801-a of  the  public  health  law,  as
   50  amended  by  section  57 of part A of chapter 58 of the laws of 2010, is
   51  amended to read as follows:
   52    3. The public health and health planning council shall not  approve  a
   53  certificate  of  incorporation,  articles of organization or application
   54  for establishment unless it is satisfied, insofar as applicable,  as  to
   55  (a) the public need for the existence of the institution at the time and
   56  place  and  under the circumstances proposed, provided, however, that in
       S. 2007                            63                            A. 3007
    1  the case of an institution proposed to be established or operated by  an
    2  organization  defined in subdivision one of section one hundred seventy-
    3  two-a of the executive law, the needs of the members  of  the  religious
    4  denomination  concerned,  for care or treatment in accordance with their
    5  religious or ethical convictions, shall be deemed to be public need; (b)
    6  the character,  competence,  and  standing  in  the  community,  of  the
    7  proposed incorporators, directors, sponsors, MEMBERS, PRINCIPAL MEMBERS,
    8  stockholders,   [members]  PRINCIPAL  STOCKHOLDERS  or  operators;  with
    9  respect to any proposed incorporator, director, sponsor, MEMBER, PRINCI-
   10  PAL MEMBER, stockholder, [member] PRINCIPAL STOCKHOLDER or operator  who
   11  is  already  or within the past [ten] SEVEN years has been an incorpora-
   12  tor, director, sponsor, member, principal stockholder, principal member,
   13  or operator of any hospital, private proprietary home for adults,  resi-
   14  dence  for  adults,  or  non-profit home for the aged or blind which has
   15  been issued an operating certificate by the state department  of  social
   16  services,  or  a  halfway house, hostel or other residential facility or
   17  institution for the care, custody or treatment of the mentally  disabled
   18  which  is  subject  to  approval by the department of mental hygiene, no
   19  approval shall be granted unless the public health and  health  planning
   20  council,  having  afforded  an adequate opportunity to members of health
   21  systems agencies, if any, having geographical jurisdiction of  the  area
   22  where  the institution is to be located to be heard, shall affirmatively
   23  find by substantial evidence as to  each  such  incorporator,  director,
   24  sponsor,  MEMBER,  PRINCIPAL  MEMBER,  principal stockholder or operator
   25  that a substantially consistent high level of care is being or was being
   26  rendered in each such hospital, home, residence, halfway house,  hostel,
   27  or  other  residential facility or institution with which such person is
   28  or was affiliated; for the purposes of this paragraph, the public health
   29  and health planning council shall adopt rules and  regulations,  subject
   30  to  the  approval  of  the commissioner, to establish the criteria to be
   31  used to determine whether a substantially consistent high level of  care
   32  has  been rendered, provided, however, that there shall not be a finding
   33  that a substantially consistent high level of  care  has  been  rendered
   34  where  there  have  been violations of the state hospital code, or other
   35  applicable rules and regulations, that (i) threatened to directly affect
   36  the health, safety or welfare of any patient or resident, and (ii)  were
   37  recurrent or were not promptly corrected, UNLESS THE PROPOSED INCORPORA-
   38  TOR, DIRECTOR, SPONSOR, MEMBER, PRINCIPAL MEMBER, STOCKHOLDER, PRINCIPAL
   39  STOCKHOLDER,  OR OPERATOR DEMONSTRATES, AND THE PUBLIC HEALTH AND HEALTH
   40  PLANNING COUNCIL FINDS, THAT THE VIOLATIONS CANNOT BE ATTRIBUTED TO  THE
   41  ACTION  OR  INACTION  OF  SUCH PROPOSED INCORPORATOR, DIRECTOR, SPONSOR,
   42  MEMBER, PRINCIPAL MEMBER, STOCKHOLDER, PRINCIPAL STOCKHOLDER, OR  OPERA-
   43  TOR  DUE  TO  THE  TIMING,  EXTENT OR MANNER OF THE AFFILIATION; (c) the
   44  financial resources of the  proposed  institution  and  its  sources  of
   45  future revenues; and (d) such other matters as it shall deem pertinent.
   46    S  5. Paragraphs (b) and (c) of subdivision 4 of section 2801-a of the
   47  public health law, as amended by section 57 of part A of chapter  58  of
   48  the laws of 2010, are amended to read as follows:
   49    (b) [(i)] Any transfer, assignment or other disposition of ten percent
   50  or more of [an] DIRECT OR INDIRECT interest or voting rights in [a part-
   51  nership  or  limited  liability  company, which is the] AN operator of a
   52  hospital to a new STOCKHOLDER,  partner  or  member,  OR  ANY  TRANSFER,
   53  ASSIGNMENT  OR  OTHER  DISPOSITION  OF  A DIRECT OR INDIRECT INTEREST OR
   54  VOTING RIGHTS OF SUCH AN OPERATOR WHICH  RESULTS  IN  THE  OWNERSHIP  OR
   55  CONTROL  OF  MORE  THAN  TEN PERCENT OF THE INTEREST OR VOTING RIGHTS OF
   56  SUCH OPERATOR BY ANY PERSON NOT PREVIOUSLY APPROVED BY THE PUBLIC HEALTH
       S. 2007                            64                            A. 3007
    1  AND HEALTH PLANNING COUNCIL, OR ITS PREDECESSOR, FOR THAT OPERATOR shall
    2  be approved by the public health and health planning council, in accord-
    3  ance with the provisions of subdivisions two and three of this  section,
    4  except that: (A) any such change shall be subject to the approval by the
    5  public  health  and health planning council in accordance with paragraph
    6  (b) of subdivision three of this section only with respect  to  the  new
    7  STOCKHOLDER, partner or member, and any remaining STOCKHOLDERS, partners
    8  or  members  who  have not been previously approved for that facility in
    9  accordance with such paragraph, and (B) such change shall not be subject
   10  to paragraph (a) of subdivision three of this section. IN THE ABSENCE OF
   11  SUCH APPROVAL, THE OPERATING  CERTIFICATE  OF  SUCH  HOSPITAL  SHALL  BE
   12  SUBJECT TO REVOCATION OR SUSPENSION.
   13    [(ii)]  (C) (I)  With respect to a transfer, assignment or disposition
   14  involving less than ten percent of [an] A DIRECT OR INDIRECT interest or
   15  voting rights in [such partnership  or  limited  liability  company]  AN
   16  OPERATOR OF A HOSPITAL to a new STOCKHOLDER, partner or member, no prior
   17  approval  of  the  public  health  and  health planning council shall be
   18  required EXCEPT WHERE REQUIRED BY PARAGRAPH  (B)  OF  THIS  SUBDIVISION.
   19  However,  no  such transaction shall be effective unless at least ninety
   20  days prior to the intended effective date thereof, the  [partnership  or
   21  limited  liability  company] OPERATOR fully completes and files with the
   22  public health and health planning council notice on a form, to be devel-
   23  oped by the public health  and  health  planning  council,  which  shall
   24  disclose  such information as may reasonably be necessary for the public
   25  health and health planning council to determine whether  it  should  bar
   26  the  transaction  for any of the reasons set forth in item (A), (B), (C)
   27  or (D) below. Within ninety days  from  the  date  of  receipt  of  such
   28  notice, the public health and health planning council may bar any trans-
   29  action under this subparagraph: (A) if the equity position of the [part-
   30  nership  or  limited liability company,] OPERATOR, determined in accord-
   31  ance with generally accepted accounting principles, would be reduced  as
   32  a  result  of the transfer, assignment or disposition; (B) if the trans-
   33  action would result in the ownership of a  [partnership  or  membership]
   34  DIRECT  OR  INDIRECT  interest  OR VOTING RIGHTS by any persons who have
   35  been convicted of a felony described  in  subdivision  five  of  section
   36  twenty-eight  hundred  six  of this article; (C) if there are reasonable
   37  grounds to believe that the proposed transaction does  not  satisfy  the
   38  character and competence criteria set forth in subdivision three of this
   39  section; or (D) UPON THE RECOMMENDATION OF THE DEPARTMENT, if the trans-
   40  action,  together  with all transactions under this subparagraph for the
   41  [partnership] OPERATOR, or successor, during any five year period would,
   42  in the aggregate, involve twenty-five percent or more of the interest in
   43  the [partnership] OPERATOR. The public health and health planning  coun-
   44  cil  shall state specific reasons for barring any transaction under this
   45  subparagraph and shall so notify each party to the proposed transaction.
   46    [(iii) With respect to a transfer, assignment  or  disposition  of  an
   47  interest  or  voting  rights  in  such  partnership or limited liability
   48  company to any remaining partner or member, which  transaction  involves
   49  the withdrawal of the transferor from the partnership or limited liabil-
   50  ity  company, no prior approval of the public health and health planning
   51  council shall be required. However, no such transaction shall be  effec-
   52  tive  unless  at  least ninety days prior to the intended effective date
   53  thereof, the partnership or limited liability  company  fully  completes
   54  and files with the public health and health planning council notice on a
   55  form,  to be developed by the public health and health planning council,
   56  which shall disclose such information as may reasonably be necessary for
       S. 2007                            65                            A. 3007
    1  the public health and health planning council to  determine  whether  it
    2  should bar the transaction for the reason set forth below. Within ninety
    3  days  from  the  date  of  receipt of such notice, the public health and
    4  health  planning council may bar any transaction under this subparagraph
    5  if the equity position of the partnership or limited liability  company,
    6  determined  in accordance with generally accepted accounting principles,
    7  would be reduced as a result of the transfer, assignment or disposition.
    8  The public health and  health  planning  council  shall  state  specific
    9  reasons for barring any transaction under this subparagraph and shall so
   10  notify each party to the proposed transaction.
   11    (c)  Any  transfer,  assignment or other disposition of ten percent or
   12  more of the stock or voting rights thereunder of a corporation which  is
   13  the  operator  of a hospital or which is a member of a limited liability
   14  company which is the operator of a hospital to a new stockholder, or any
   15  transfer, assignment or other disposition of the stock or voting  rights
   16  thereunder  of  such  a  corporation  which  results in the ownership or
   17  control of more than ten percent of the stock or  voting  rights  there-
   18  under  of  such corporation by any person not previously approved by the
   19  public health and health planning council, or its predecessor, for  that
   20  corporation shall be subject to approval by the public health and health
   21  planning  council, in accordance with the provisions of subdivisions two
   22  and three of this section and rules and  regulations  pursuant  thereto;
   23  except  that:  any  such transaction shall be subject to the approval by
   24  the public health and health planning council in accordance  with  para-
   25  graph  (b)  of  subdivision three of this section only with respect to a
   26  new stockholder or a new principal stockholder; and shall not be subject
   27  to paragraph (a) of subdivision three of this section. In the absence of
   28  such approval, the operating  certificate  of  such  hospital  shall  be
   29  subject to revocation or suspension.]
   30    (II)  No prior approval of the public health and health planning coun-
   31  cil shall be required with respect to a transfer, assignment or disposi-
   32  tion of ten percent or more of [the stock] A DIRECT OR INDIRECT INTEREST
   33  or voting rights [thereunder of a corporation which is the] IN AN opera-
   34  tor of a hospital [or which is a member of a limited  liability  company
   35  which  is  the owner of a hospital] to any person previously approved by
   36  the public health and health planning council, or its  predecessor,  for
   37  that  [corporation]  OPERATOR.  However,  no  such  transaction shall be
   38  effective unless at least ninety days prior to  the  intended  effective
   39  date  thereof, the [stockholder] OPERATOR FULLY completes and files with
   40  the public health and health planning council  notice  on  forms  to  be
   41  developed  by the public health and health planning council, which shall
   42  disclose such information as may reasonably be necessary for the  public
   43  health  and  health  planning council to determine whether it should bar
   44  the transaction. Such transaction will  be  final  as  of  the  intended
   45  effective date unless, prior thereto, the public health and health plan-
   46  ning  council shall state specific reasons for barring such transactions
   47  under this paragraph and shall notify each party to the proposed  trans-
   48  action.  Nothing  in  this  paragraph shall be construed as permitting a
   49  person not previously approved by the public health and health  planning
   50  council  for  that  [corporation]  OPERATOR  to  become the owner of ten
   51  percent or more of the [stock of a corporation  which  is]  INTEREST  OR
   52  VOTING RIGHTS, DIRECTLY OR INDIRECTLY, IN the operator of a hospital [or
   53  which is a member of a limited liability company which is the owner of a
   54  hospital]  without first obtaining the approval of the public health and
   55  health planning council.
       S. 2007                            66                            A. 3007
    1    S 6. Subdivision 1 of section 3611-a of  the  public  health  law,  as
    2  amended  by  section  67 of part A of chapter 58 of the laws of 2010, is
    3  amended to read as follows:
    4    1. Any change in the person who, or any transfer, assignment, or other
    5  disposition  of  an interest or voting rights of ten percent or more, or
    6  any transfer, assignment or  other  disposition  which  results  in  the
    7  ownership  or  control of an interest or voting rights of ten percent or
    8  more, in a limited liability company or a partnership which is the oper-
    9  ator of a licensed home care services agency or a certified home  health
   10  agency  shall be approved by the public health and health planning coun-
   11  cil, in accordance with the provisions of subdivision  four  of  section
   12  thirty-six  hundred five of this article relative to licensure or subdi-
   13  vision two of section thirty-six hundred six of this article relative to
   14  certificate of approval, except that:
   15    (a) Public health  and  health  planning  council  approval  shall  be
   16  required  only with respect to the person, or the member or partner that
   17  is acquiring the interest or voting rights; and
   18    (b) With respect to certified home health agencies, such change  shall
   19  not  be subject to the public need assessment described in paragraph (a)
   20  of subdivision two of section thirty-six hundred six of this article.
   21    (c) IN THE ABSENCE OF SUCH APPROVAL, THE  LICENSE  OR  CERTIFICATE  OF
   22  APPROVAL SHALL BE SUBJECT TO REVOCATION OR SUSPENSION.
   23    (D)  (I)  No  prior  approval of the public health and health planning
   24  council shall be required with respect  to  a  transfer,  assignment  or
   25  disposition of:
   26    [(i)]  (A)  an  interest  or  voting  rights  to any person previously
   27  approved by the public health and health planning council, or its prede-
   28  cessor, for that operator; or
   29    [(ii)] (B) an interest or voting rights of less than  ten  percent  in
   30  the operator. [However, no]
   31    (II)  NO  such  transaction  UNDER  SUBPARAGRAPH (I) OF THIS PARAGRAPH
   32  shall be effective unless at least ninety days  prior  to  the  intended
   33  effective  date  thereof, the [partner or member] OPERATOR completes and
   34  files with the public health and health planning council notice on forms
   35  to be developed by the public health council, which shall disclose  such
   36  information  as  may  reasonably  be necessary for the public health and
   37  health planning council to determine whether it should  bar  the  trans-
   38  action. Such transaction will be final as of the intended effective date
   39  unless,  prior  thereto,  the  public health and health planning council
   40  shall state specific reasons for barring such  transactions  under  this
   41  paragraph and shall notify each party to the proposed transaction.
   42    S 7. This act shall take effect immediately.
   43                                   PART L
   44    Section 1. Section 230-d of the public health law, as added by chapter
   45  365  of  the  laws of 2007, paragraph (i) of subdivision 1 as amended by
   46  chapter 438 of the laws of 2012, and subdivision 4 as amended by chapter
   47  477 of the laws of 2008, is amended to read as follows:
   48    S 230-d. Office-based surgery  AND  OFFICE-BASED  ANESTHESIA.  1.  The
   49  following  words  or  phrases,  as  used  in this section shall have the
   50  following meanings:
   51    (a) "Accredited status" means the full accreditation by nationally-re-
   52  cognized accrediting agency(ies) determined by the commissioner.
   53    (b) "Adverse event" means (i) patient death within thirty  days;  (ii)
   54  unplanned  transfer  to  a hospital OR EMERGENCY DEPARTMENT VISIT WITHIN
       S. 2007                            67                            A. 3007
    1  SEVENTY-TWO HOURS OF OFFICE-BASED SURGERY;  (iii)  unscheduled  hospital
    2  admission  OR  ASSIGNMENT  TO  OBSERVATION  SERVICES, within seventy-two
    3  hours of the office-based surgery, for longer than twenty-four hours; or
    4  (iv) any other serious or life-threatening event.
    5    (c)  "Deep  sedation" means a drug-induced depression of consciousness
    6  during which (i) the patient  cannot  be  easily  aroused  but  responds
    7  purposefully  following repeated painful stimulation; (ii) the patient's
    8  ability to maintain independent ventilatory function  may  be  impaired;
    9  (iii)  the patient may require assistance in maintaining a patent airway
   10  and spontaneous ventilation may be inadequate; and  (iv)  the  patient's
   11  cardiovascular function is usually maintained without assistance.
   12    (d) "General anesthesia" means a drug-induced depression of conscious-
   13  ness  during  which  (i)  the  patient is not arousable, even by painful
   14  stimulation; (ii) the patient's ability to maintain independent ventila-
   15  tory function is often impaired; (iii) the patient, in many cases, often
   16  requires assistance in maintaining a patent airway and positive pressure
   17  ventilation may be required because of depressed spontaneous ventilation
   18  or drug-induced depression  of  neuromuscular  function;  and  (iv)  the
   19  patient's cardiovascular function may be impaired.
   20    (e)  "Moderate sedation" means a drug-induced depression of conscious-
   21  ness during which  (i)  the  patient  responds  purposefully  to  verbal
   22  commands, either alone or accompanied by light tactile stimulation; (ii)
   23  no interventions are required to maintain a patent airway; (iii) sponta-
   24  neous  ventilation  is  adequate;  and (iv) the patient's cardiovascular
   25  function is usually maintained without assistance.
   26    (f) "Minimal sedation" means a drug-induced  state  during  which  (i)
   27  patients  respond  normally  to verbal commands; (ii) cognitive function
   28  and coordination may be impaired; and (iii) ventilatory and cardiovascu-
   29  lar functions are unaffected.
   30    (g) "Minor procedures" means (i)  procedures  that  can  be  performed
   31  safely  with  a  minimum  of  discomfort where the likelihood of compli-
   32  cations requiring hospitalization is minimal; (ii) procedures  performed
   33  with  local  or topical anesthesia; or (iii) liposuction with removal of
   34  less than 500 cc of fat under unsupplemented local anesthesia.
   35    (h) "Office-based surgery" means any surgical or other invasive proce-
   36  dure, requiring general anesthesia, NEURAXIAL ANESTHESIA, MAJOR UPPER OR
   37  LOWER EXTREMITY  REGIONAL  NERVE  BLOCKS,  moderate  sedation,  or  deep
   38  sedation,  and  any  liposuction procedure, where such surgical or other
   39  invasive procedure or liposuction  is  performed  by  a  licensee  in  a
   40  location other than a hospital, as such term is defined in article twen-
   41  ty-eight  of  this  chapter,  excluding  minor procedures and procedures
   42  requiring minimal sedation.
   43    (i) "Licensee" shall mean an individual licensed or otherwise  author-
   44  ized  under  article  one  hundred thirty-one, one hundred thirty-one-B,
   45  [individuals who have obtained an issuance of  a  privilege  to  perform
   46  podiatric  standard  or  advanced ankle surgery pursuant to subdivisions
   47  one and two of section seven thousand nine] ONE HUNDRED  THIRTY-TWO,  OR
   48  ONE HUNDRED FORTY-ONE of the education law.
   49    (J) "MAJOR UPPER OR LOWER EXTREMITY REGIONAL NERVE BLOCKS" MEANS TYPES
   50  OF REGIONAL ANESTHESIA IN WHICH PAIN SENSATION IS MODIFIED OR BLOCKED TO
   51  A LARGE AREA OF THE EXTREMITY BY ADMINISTRATION OF MEDICATION AROUND THE
   52  NERVES SUPPLYING THAT REGION OF THE EXTREMITY.
   53    (K)  "NEURAXIAL  ANESTHESIA"  MEANS  A  FORM OF REGIONAL ANESTHESIA IN
   54  WHICH PAIN SENSATION IS MODIFIED OR BLOCKED BY ADMINISTRATION OF MEDICA-
   55  TION INTO THE EPIDURAL SPACE OR SPINAL CANAL.
       S. 2007                            68                            A. 3007
    1    (L) "OFFICE-BASED  ANESTHESIA"  MEANS  GENERAL  ANESTHESIA,  NEURAXIAL
    2  ANESTHESIA, MAJOR UPPER OR LOWER EXTREMITY REGIONAL NERVE BLOCKS, MODER-
    3  ATE SEDATION OR DEEP SEDATION WHERE SUCH ANESTHESIA IS ADMINISTERED BY A
    4  LICENSEE IN A LOCATION OTHER THAN A HOSPITAL, AS SUCH TERM IS DEFINED IN
    5  ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
    6    2.  Licensee  practices  in which office-based surgery OR OFFICE-BASED
    7  ANESTHESIA is performed shall obtain and maintain full accredited status
    8  AND REGISTER WITH THE DEPARTMENT.
    9    3. A licensee may only perform office-based  surgery  OR  OFFICE-BASED
   10  ANESTHESIA  in a setting that has obtained and maintains full accredited
   11  status AND IS REGISTERED WITH THE DEPARTMENT.
   12    4. (A) Licensees shall  report  adverse  events  to  the  department's
   13  patient  safety  center  within  [one]  THREE business [day] DAYS of the
   14  occurrence of such  adverse  event.  Licensees  shall  also  report  any
   15  suspected  health  care  disease transmission originating in their prac-
   16  tices to the patient safety center within  [one]  THREE  business  [day]
   17  DAYS  of  becoming aware of such suspected transmission. For purposes of
   18  this section, health care disease transmission  shall  mean  the  trans-
   19  mission  of a reportable communicable disease that is blood borne from a
   20  health care professional to a patient or between patients as a result of
   21  improper infection control practices by the health care professional.
   22    (B) THE DEPARTMENT MAY ALSO REQUIRE  LICENSEES  TO  REPORT  ADDITIONAL
   23  DATA  SUCH AS PROCEDURAL INFORMATION AS NEEDED FOR THE INTERPRETATION OF
   24  ADVERSE EVENTS AND EVALUATION OF PATIENT CARE  AND  QUALITY  IMPROVEMENT
   25  AND ASSURANCE ACTIVITIES.
   26    (C)  The  DATA reported [data] UNDER THIS SUBDIVISION shall be subject
   27  to  all  confidentiality  provisions  provided  by  section  twenty-nine
   28  hundred ninety-eight-e of this chapter.
   29    4-A.  OFFICE-BASED SURGERY OR OFFICE-BASED ANESTHESIA SHALL BE LIMITED
   30  TO OPERATIONS AND PROCEDURES WITH AN EXPECTED DURATION OF NO  MORE  THAN
   31  SIX HOURS AND EXPECTED APPROPRIATE AND SAFE DISCHARGE WITHIN SIX HOURS.
   32    5.  The  commissioner  shall  make, adopt, promulgate and enforce such
   33  rules and regulations, as he or she may deem appropriate, to  effectuate
   34  the  purposes  of  this section. Where any rule or regulation under this
   35  section would affect the scope of practice of a health care practitioner
   36  licensed, registered or certified under title eight of the education law
   37  other than those licensed under articles one hundred thirty-one  or  one
   38  hundred  thirty-one-B of the education law, the rule or regulation shall
   39  be made with the concurrence of the commissioner of education.
   40    S 2. The section heading and subdivisions 1 and 2 of section 2998-e of
   41  the public health law, as added by chapter 365 of the laws of 2007,  are
   42  amended to read as follows:
   43    Reporting  [of adverse events] in office based surgery AND ANESTHESIA.
   44  1. The commissioner shall enter into agreements with  accrediting  agen-
   45  cies  pursuant  to  which  the  accrediting  agencies  shall REQUIRE ALL
   46  OFFICE-BASED SURGICAL AND OFFICE-BASED ANESTHESIA PRACTICES  TO  CONDUCT
   47  QUALITY  IMPROVEMENT AND QUALITY ASSURANCE ACTIVITIES AND UTILIZE AMERI-
   48  CAN BOARD OF MEDICAL SPECIALTIES  (ABMS)  OR  EQUIVALENT  CERTIFICATION,
   49  HOSPITAL PRIVILEGING OR OTHER EQUIVALENT METHODS TO DETERMINE COMPETENCY
   50  OF  PRACTITIONERS TO PERFORM OFFICE-BASED SURGERY AND OFFICE-BASED ANES-
   51  THESIA, CARRY OUT  SURVEYS  OR  COMPLAINT/INCIDENT  INVESTIGATIONS  UPON
   52  DEPARTMENT  REQUEST  AND  SHALL report, at a minimum, [aggregate data on
   53  adverse events] FINDINGS  OF  SURVEYS  AND  COMPLAINT/INCIDENT  INVESTI-
   54  GATIONS,  AND  DATA for all office-based surgical AND OFFICE-BASED ANES-
   55  THESIA practices accredited by the accrediting agencies to  the  depart-
       S. 2007                            69                            A. 3007
    1  ment.  The  department  may  disclose  reports  of aggregate data to the
    2  public.
    3    2.  The  information required to be collected, maintained and reported
    4  directly to the department AND MAINTAINED BY  OFFICE-BASED  SURGERY  AND
    5  OFFICE-BASED  ANESTHESIA PRACTICES UNDER QUALITY IMPROVEMENT AND QUALITY
    6  ASSURANCE ACTIVITIES pursuant to section two hundred  thirty-d  of  this
    7  chapter  shall be kept confidential and shall not be released, except to
    8  the department and except as required  or  permitted  under  subdivision
    9  nine-a  and  subparagraph  (v)  of  paragraph  (a) of subdivision ten of
   10  section two hundred thirty of this chapter.  Notwithstanding  any  other
   11  provision  of  law, none of such information shall be subject to disclo-
   12  sure under article six of the public officers law or article  thirty-one
   13  of the civil practice law and rules.
   14    S  3. This act shall take effect one year after it shall have become a
   15  law.
   16                                   PART M
   17    Section 1. Subdivisions 1 and 2 of section 1100-a of the public health
   18  law, as added by chapter 258 of the laws of 1996, are  amended  and  two
   19  new subdivisions 3 and 4 are added to read as follows:
   20    1.  Notwithstanding any contrary provision of law, rule, regulation or
   21  code, any county, city, town or village that 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    2. Any county, wherein a public authority owns both its  public  water
   26  system  and  the  water supply for such system, may by local law provide
   27  whether a fluoride compound shall [or shall not] be added to such public
   28  water supply.
   29    3. NO COUNTY, CITY, TOWN OR VILLAGE,  INCLUDING  A  COUNTY  WHEREIN  A
   30  PUBLIC  AUTHORITY OWNS BOTH ITS PUBLIC WATER SYSTEM AND THE WATER SUPPLY
   31  FOR SUCH SYSTEM, THAT FLUORIDATES A PUBLIC  WATER  SUPPLY  OR  CAUSES  A
   32  PUBLIC WATER SUPPLY TO BE FLUORIDATED, SHALL DISCONTINUE THE ADDITION OF
   33  A  FLUORIDE  COMPOUND  TO  SUCH  PUBLIC WATER SUPPLY UNLESS IT HAS FIRST
   34  COMPLIED WITH THE FOLLOWING REQUIREMENTS:
   35    (A) ISSUE A NOTICE TO THE PUBLIC OF THE PRELIMINARY  DETERMINATION  TO
   36  DISCONTINUE FLUORIDATION FOR COMMENT, WHICH SHALL INCLUDE THE JUSTIFICA-
   37  TION  FOR  THE  PROPOSED  DISCONTINUANCE,  ALTERNATIVES  TO FLUORIDATION
   38  AVAILABLE, AND A SUMMARY OF CONSULTATIONS WITH HEALTH PROFESSIONALS  AND
   39  THE DEPARTMENT CONCERNING THE PROPOSED DISCONTINUANCE.  SUCH NOTICE MAY,
   40  BUT  IS  NOT  REQUIRED  TO,  INCLUDE  PUBLICATION  IN  LOCAL NEWSPAPERS.
   41  "CONSULTATIONS WITH HEALTH PROFESSIONALS" MAY INCLUDE FORMAL STUDIES  BY
   42  HIRED  PROFESSIONALS,  INFORMAL  CONSULTATIONS  WITH LOCAL PUBLIC HEALTH
   43  OFFICIALS  OR  OTHER  HEALTH  PROFESSIONALS,  OR  OTHER   CONSULTATIONS,
   44  PROVIDED  THAT THE NATURE OF SUCH CONSULTATIONS AND THE IDENTITY OF SUCH
   45  PROFESSIONALS SHALL BE IDENTIFIED IN THE PUBLIC NOTICE. "ALTERNATIVES TO
   46  FLUORIDATION" MAY INCLUDE FORMAL ALTERNATIVES  PROVIDED  BY  OR  AT  THE
   47  EXPENSE  OF  THE  COUNTY,  CITY,  TOWN OR VILLAGE, OR OTHER ALTERNATIVES
   48  AVAILABLE TO THE PUBLIC. ANY PUBLIC COMMENTS  RECEIVED  IN  RESPONSE  TO
   49  SUCH  NOTICE  SHALL BE ADDRESSED BY THE COUNTY, CITY, TOWN OR VILLAGE IN
   50  THE ORDINARY COURSE OF BUSINESS; AND
   51    (B) PROVIDE THE DEPARTMENT AT LEAST NINETY DAYS PRIOR  WRITTEN  NOTICE
   52  OF  THE  INTENT TO DISCONTINUE AND SUBMIT A PLAN FOR DISCONTINUANCE THAT
   53  INCLUDES BUT IS NOT LIMITED TO THE NOTICE THAT WILL BE PROVIDED  TO  THE
   54  PUBLIC, CONSISTENT WITH PARAGRAPH (A) OF THIS SUBDIVISION, OF THE DETER-
       S. 2007                            70                            A. 3007
    1  MINATION  TO DISCONTINUE FLUORIDATION OF THE WATER SUPPLY, INCLUDING THE
    2  DATE OF SUCH DISCONTINUANCE AND ALTERNATIVES TO  FLUORIDATION,  IF  ANY,
    3  THAT WILL BE MADE AVAILABLE IN THE COMMUNITY, AND THAT INCLUDES INFORMA-
    4  TION AS MAY BE REQUIRED UNDER THE SANITARY CODE.
    5    4.  THE COMMISSIONER IS HEREBY AUTHORIZED, WITHIN AMOUNTS APPROPRIATED
    6  THEREFOR, TO MAKE GRANTS TO COUNTIES, CITIES, TOWNS OR VILLAGES THAT OWN
    7  THEIR PUBLIC WATER SYSTEM AND THE WATER SUPPLY FOR SUCH SYSTEM,  INCLUD-
    8  ING  A  COUNTY  WHEREIN  A  PUBLIC  AUTHORITY OWNS BOTH ITS PUBLIC WATER
    9  SYSTEM AND THE WATER SUPPLY FOR SUCH SYSTEM, FOR THE PURPOSE OF  PROVID-
   10  ING  ASSISTANCE  TOWARDS  THE  COSTS  OF INSTALLATION, INCLUDING BUT NOT
   11  LIMITED TO TECHNICAL AND ADMINISTRATIVE COSTS ASSOCIATED WITH  PLANNING,
   12  DESIGN  AND  CONSTRUCTION,  AND  START-UP  OF  FLUORIDATION SYSTEMS, AND
   13  REPLACING, REPAIRING OR UPGRADING OF  FLUORIDATION  EQUIPMENT  FOR  SUCH
   14  PUBLIC  WATER  SYSTEMS. GRANT FUNDING SHALL NOT BE AVAILABLE FOR ASSIST-
   15  ANCE TOWARDS THE COSTS AND EXPENSES OF  OPERATION  OF  THE  FLUORIDATION
   16  SYSTEM,  AS  DETERMINED  BY THE DEPARTMENT. THE GRANT APPLICATIONS SHALL
   17  INCLUDE SUCH INFORMATION AS REQUIRED BY THE COMMISSIONER. IN MAKING  THE
   18  GRANT  AWARDS, THE COMMISSIONER SHALL CONSIDER THE DEMONSTRATED NEED FOR
   19  INSTALLATION OF NEW FLUORIDATION EQUIPMENT OR  REPLACING,  REPAIRING  OR
   20  UPGRADING OF EXISTING FLUORIDATION EQUIPMENT, AND SUCH OTHER CRITERIA AS
   21  DETERMINED BY THE COMMISSIONER.  GRANT AWARDS SHALL BE MADE ON A COMPET-
   22  ITIVE  BASIS  AND  BE SUBJECT TO SUCH CONDITIONS AS MAY BE DETERMINED BY
   23  THE COMMISSIONER.
   24    S 2. This act shall take effect immediately.
   25                                   PART N
   26    Section 1. Purpose. The purpose of this act is to  seek  public  input
   27  about  the  creation  of  an office of community living with the goal of
   28  providing improvements in service delivery and improved program outcomes
   29  that would result from the expansion  of  community  living  integration
   30  services for older adults and persons of all ages with disabilities.
   31    S 2. Data and information collection. The director of the state office
   32  for  the aging, in collaboration with other state agencies, will consult
   33  with stakeholders, providers, individuals and their families  to  gather
   34  data  and information on the creation of an office for community living.
   35  Areas of focus shall include, but not  be  limited  to,  furthering  the
   36  goals  of  the governor's Olmstead plan, strengthening the No Wrong Door
   37  approach to accessing information and services, reinforcing  initiatives
   38  of  the  Balancing  Incentive  Program, creating opportunities to better
   39  leverage resources, evaluating methods  for  service  delivery  improve-
   40  ments,  and  analyzing  the  fiscal impact of creating such an office on
   41  services, individuals and providers.   The state office  for  the  aging
   42  shall  also  examine  recent  federal  initiatives to create an adminis-
   43  tration on community living; and examine other states' efforts to expand
   44  services supporting  community  living  integration,  and  local  and/or
   45  regional coordination efforts within New York.
   46    S  3.  Reporting. The director of the state office for the aging shall
   47  submit to the governor, and to the temporary president of the senate and
   48  the speaker of the assembly, a report and  recommendations  by  December
   49  15,  2015,  that  outlines  the results and findings associated with the
   50  aforementioned collection of data and  solicitation  of  feedback.  Such
   51  report  shall  include discussion regarding the potential impact and the
   52  feasibility of the expansion of  the  agency's  community  living  inte-
   53  gration services beginning April 1, 2016.
   54    S 4. This act shall take effect immediately.
       S. 2007                            71                            A. 3007
    1                                   PART O
    2    Section  1.  Section  1  of  part D of chapter 111 of the laws of 2010
    3  relating to the recovery of exempt income by the office of mental health
    4  for community residences and family-based treatment programs as  amended
    5  by  section 1 of part C of chapter 58 of the laws of 2014, is amended to
    6  read as follows:
    7    Section 1. The office of mental health is authorized to recover  fund-
    8  ing  from  community  residences  and  family-based  treatment providers
    9  licensed by the office of mental  health,  consistent  with  contractual
   10  obligations  of such providers, and notwithstanding any other inconsist-
   11  ent provision of law to the contrary, in an amount equal to  50  percent
   12  of  the income received by such providers which exceeds the fixed amount
   13  of annual Medicaid revenue limitations, as established  by  the  commis-
   14  sioner of mental health. Recovery of such excess income shall be for the
   15  following  fiscal  periods:  for programs in counties located outside of
   16  the city of New York, the applicable fiscal periods shall be January  1,
   17  2003  through December 31, 2009 and January 1, 2011 through December 31,
   18  [2015] 2016; and for programs located within the city of New  York,  the
   19  applicable  fiscal  periods  shall be July 1, 2003 through June 30, 2010
   20  and July 1, 2011 through June 30, [2015] 2016.
   21    S 2. This act shall take effect immediately.
   22                                   PART P
   23    Section 1. Subparagraph 9 of paragraph h of subdivision 4  of  section
   24  1950 of the education law, as added by section 1 of part M of chapter 56
   25  of the laws of 2012, is amended to read as follows:
   26    (9)  To  enter  into  contracts with the commissioner of the office of
   27  mental health, to provide special education [and], related services  AND
   28  ANY  ALTERNATIVE EDUCATION PROGRAMS PROVIDED BY THE BOARD OF COOPERATIVE
   29  EDUCATIONAL SERVICES TO COMPONENT SCHOOL DISTRICTS, in  accordance  with
   30  subdivision  six-b  of section thirty-two hundred two of this chapter to
   31  patients hospitalized in hospitals operated  by  the  office  of  mental
   32  health  who  are  between  the  ages of five and twenty-one who have not
   33  received a high school diploma. Any  such  proposed  contract  shall  be
   34  subject  to the review by the commissioner and his [and] OR her determi-
   35  nation that it is an approved cooperative educational service.  Services
   36  provided pursuant to such  contracts  shall  be  provided  at  cost  and
   37  approved  by  the  commissioner  of  the office of mental health and the
   38  director of the division of the budget, and  the  board  of  cooperative
   39  educational  services  shall  not  be  authorized  to  charge  any costs
   40  incurred in providing such services to its component school districts.
   41    S 2. The opening paragraph of subdivision 6-b of section 3202  of  the
   42  education law, as added by section 2 of part M of chapter 56 of the laws
   43  of 2012, is amended to read as follows:
   44    The  commissioner  of  mental  health  may meet his or her obligations
   45  under section 33.11 of the mental hygiene law by contracting pursuant to
   46  this subdivision for educational services for children between the  ages
   47  of five and twenty-one who do not hold a high school diploma and who are
   48  hospitalized  in  hospitals operated by the office of mental health with
   49  the trustees or board of education of any  school  district  for  educa-
   50  tional  services or with a board of cooperative educational services for
   51  the provision of special  education  [and],  related  services  AND  ANY
   52  ALTERNATIVE  EDUCATION  PROGRAMS  PROVIDED  BY  THE BOARD OF COOPERATIVE
   53  EDUCATIONAL SERVICES TO COMPONENT SCHOOL DISTRICTS to such  children  in
       S. 2007                            72                            A. 3007
    1  accordance  with  their  individualized education programs. The costs of
    2  such education shall not be a charge upon a school district pursuant  to
    3  section 33.11 of the mental hygiene law.
    4    S  3.  Section  4 of part M of chapter 56 of the laws of 2012 amending
    5  the education law, relating to authorizing contracts for  the  provision
    6  of special education and related services for certain patients hospital-
    7  ized in hospitals operated by the office of mental health, is amended to
    8  read as follows:
    9    S 4. This act shall take effect July 1, 2012 and shall expire June 30,
   10  [2015]  2018,  when  upon  such date the provisions of this act shall be
   11  deemed repealed.
   12    S 4. This act shall take effect immediately and  shall  be  deemed  to
   13  have been in full force and effect on and after April 1, 2015, provided,
   14  however, that:
   15    a. The amendments to subparagraph 9 of paragraph h of subdivision 4 of
   16  section  1950 of the education law made by section one of this act shall
   17  not affect the repeal of such subparagraph and shall be deemed  repealed
   18  therewith; and
   19    b.  The  amendments  to  the  opening  paragraph of subdivision 6-b of
   20  section 3202 of the education law made by section two of this act  shall
   21  not  affect  the repeal of such subdivision and shall be deemed repealed
   22  therewith.
   23                                   PART Q
   24    Section 1. Section 2801-a of the  public  health  law  is  amended  by
   25  adding a new subdivision 17 to read as follows:
   26    17. (A) THE COMMISSIONER IS AUTHORIZED TO ESTABLISH A PILOT PROGRAM TO
   27  ASSIST  IN  RESTRUCTURING  HEALTH  CARE DELIVERY SYSTEMS BY ALLOWING FOR
   28  INCREASED CAPITAL INVESTMENT. PURSUANT TO THE PILOT PROGRAM, THE  PUBLIC
   29  HEALTH  AND  HEALTH PLANNING COUNCIL SHALL APPROVE THE ESTABLISHMENT, IN
   30  ACCORDANCE WITH THE PROVISIONS OF PARAGRAPHS (F), (G) AND  (H)  OF  THIS
   31  SUBDIVISION  AND SUBDIVISION THREE OF THIS SECTION, OF NO MORE THAN FIVE
   32  BUSINESS CORPORATIONS FORMED UNDER THE BUSINESS  CORPORATION  LAW.  SUCH
   33  BUSINESS  CORPORATIONS SHALL AFFILIATE, THE EXTENT OF THE AFFILIATION TO
   34  BE DETERMINED BY THE COMMISSIONER, WITH AT LEAST  ONE  ACADEMIC  MEDICAL
   35  INSTITUTION  OR  TEACHING HOSPITAL APPROVED BY THE COMMISSIONER. A BUSI-
   36  NESS CORPORATION SHALL NOT BE ELIGIBLE TO PARTICIPATE IN THIS PROGRAM IF
   37  ANY OF ITS STOCK, OR THAT OF ANY OF ITS DIRECT OR INDIRECT OWNERS, IS OR
   38  WILL BE TRADED ON A PUBLIC STOCK  EXCHANGE  OR  ON  AN  OVER-THE-COUNTER
   39  MARKET.
   40    (B)  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, BUSINESS
   41  CORPORATIONS ESTABLISHED PURSUANT TO THIS SUBDIVISION  SHALL  BE  DEEMED
   42  ELIGIBLE  TO  PARTICIPATE  IN  DEBT  FINANCING PROVIDED BY THE DORMITORY
   43  AUTHORITY OF THE STATE OF NEW YORK, LOCAL DEVELOPMENT  CORPORATIONS  AND
   44  ECONOMIC DEVELOPMENT CORPORATIONS.
   45    (C)  THE FOLLOWING PROVISIONS OF THIS CHAPTER SHALL NOT APPLY TO BUSI-
   46  NESS CORPORATIONS ESTABLISHED PURSUANT TO THIS  SUBDIVISION:  (I)  PARA-
   47  GRAPH  (B)  OF SUBDIVISION THREE OF THIS SECTION, RELATING TO STOCKHOLD-
   48  ERS,  OTHER  THAN  PRINCIPAL  STOCKHOLDERS;  (II)   PARAGRAPH   (C)   OF
   49  SUBDIVISION  FOUR  OF THIS SECTION, RELATING TO THE DISPOSITION OF STOCK
   50  OR VOTING RIGHTS; (III) PARAGRAPHS (D) AND (E) OF  SUBDIVISION  FOUR  OF
   51  THIS SECTION, RELATING TO THE OWNERSHIP OF STOCK; AND (IV) PARAGRAPH (A)
   52  OF  SUBDIVISION  THREE  OF  SECTION  FOUR THOUSAND FOUR OF THIS CHAPTER,
   53  RELATING TO THE OWNERSHIP OF STOCK. NOTWITHSTANDING THE  FOREGOING,  THE
       S. 2007                            73                            A. 3007
    1  PUBLIC  HEALTH AND HEALTH PLANNING COUNCIL MAY REQUIRE THE DISCLOSURE OF
    2  THE IDENTITY OF STOCKHOLDERS.
    3    (D) THE CORPORATE POWERS AND PURPOSES OF A BUSINESS CORPORATION ESTAB-
    4  LISHED  AS  AN OPERATOR PURSUANT TO THIS SUBDIVISION SHALL BE LIMITED TO
    5  THE OWNERSHIP AND OPERATION, OR OPERATION, OF A  HOSPITAL  OR  HOSPITALS
    6  SPECIFICALLY  NAMED  AND  THE LOCATION OR LOCATIONS OF WHICH ARE SPECIF-
    7  ICALLY DESIGNATED BY STREET ADDRESS, CITY, TOWN, VILLAGE OR LOCALITY AND
    8  COUNTY; PROVIDED, HOWEVER, THAT THE CORPORATE POWERS  AND  PURPOSES  MAY
    9  ALSO  INCLUDE  THE OWNERSHIP AND OPERATION, OR OPERATION, OF A CERTIFIED
   10  HOME HEALTH AGENCY OR LICENSED HOME CARE SERVICES AGENCY OR AGENCIES  AS
   11  DEFINED  IN  ARTICLE THIRTY-SIX OF THIS CHAPTER OR A HOSPICE OR HOSPICES
   12  AS DEFINED IN ARTICLE FORTY OF THIS  CHAPTER,  IF  THE  CORPORATION  HAS
   13  RECEIVED  ALL  APPROVALS  REQUIRED UNDER SUCH LAW TO OWN AND OPERATE, OR
   14  OPERATE, SUCH HOME CARE  SERVICES  AGENCY  OR  AGENCIES  OR  HOSPICE  OR
   15  HOSPICES.  SUCH  CORPORATE  POWERS  AND  PURPOSES SHALL NOT BE MODIFIED,
   16  AMENDED OR DELETED WITHOUT THE PRIOR APPROVAL OF THE COMMISSIONER.
   17    (E)(1) IN DISCHARGING THE DUTIES OF THEIR  RESPECTIVE  POSITIONS,  THE
   18  BOARD OF DIRECTORS, COMMITTEES OF THE BOARD AND INDIVIDUAL DIRECTORS AND
   19  OFFICERS OF A BUSINESS CORPORATION ESTABLISHED PURSUANT TO THIS SUBDIVI-
   20  SION SHALL CONSIDER THE EFFECTS OF ANY ACTION UPON:
   21    (A) THE ABILITY OF THE BUSINESS CORPORATION TO ACCOMPLISH ITS PURPOSE;
   22    (B) THE SHAREHOLDERS OF THE BUSINESS CORPORATION;
   23    (C) THE EMPLOYEES AND WORKFORCE OF THE HOSPITAL OR HOSPITALS;
   24    (D) THE INTERESTS OF PATIENTS OF THE HOSPITAL OR HOSPITALS;
   25    (E)  COMMUNITY  AND  SOCIETAL  CONSIDERATIONS,  INCLUDING THOSE OF ANY
   26  COMMUNITY IN WHICH FACILITIES OF THE HOSPITAL OR HOSPITALS ARE  LOCATED;
   27  AND
   28    (F)  THE  SHORT-TERM  AND  LONG-TERM  INTERESTS OF THE BUSINESS CORPO-
   29  RATION, INCLUDING BENEFITS THAT MAY ACCRUE TO THE  BUSINESS  CORPORATION
   30  FROM ITS LONG-TERM PLANS.
   31    (2)  THE CONSIDERATION OF INTERESTS AND FACTORS IN THE MANNER REQUIRED
   32  BY SUBPARAGRAPH ONE OF THIS PARAGRAPH:
   33    (A) SHALL NOT CONSTITUTE A VIOLATION  OF  THE  PROVISIONS  OF  SECTION
   34  SEVEN  HUNDRED FIFTEEN OR SEVEN HUNDRED SEVENTEEN OF THE BUSINESS CORPO-
   35  RATION LAW; AND
   36    (B) IS IN ADDITION TO THE ABILITY OF DIRECTORS TO  CONSIDER  INTERESTS
   37  AND  FACTORS AS PROVIDED IN SECTION SEVEN HUNDRED SEVENTEEN OF THE BUSI-
   38  NESS CORPORATION LAW.
   39    (F) WHILE ANY DECISION TO APPROVE A BUSINESS  CORPORATION  UNDER  THIS
   40  SECTION  MUST  WEIGH  AND  BALANCE  A  NUMBER OF FACTORS, IN DETERMINING
   41  WHETHER TO APPROVE A BUSINESS CORPORATION UNDER THIS SECTION, THE PUBLIC
   42  HEALTH AND HEALTH PLANNING COUNCIL, IN CONSULTATION WITH THE COMMISSION-
   43  ER, SHALL CONSIDER THE EXTENT TO WHICH THE BUSINESS CORPORATION:
   44    (1) PROVIDES FOR EITHER EQUAL OR MAJORITY  GOVERNANCE  RIGHTS  OF  THE
   45  NOT-FOR-PROFIT  HOSPITAL  PARTNER,  REGARDLESS OF EQUITY STAKES, THROUGH
   46  WEIGHTED CLASS VOTING STRUCTURE OR OTHERWISE;
   47    (2) INCORPORATES A REPRESENTATIVE GOVERNANCE MODEL THAT:
   48    (A) CLEARLY DELINEATES AUTHORITY AND RESPONSIBILITY FOR THE HOSPITAL'S
   49  OPERATIONS;
   50    (B) DEFINES MECHANISMS FOR  APPROVAL  OF  DESIGNATED  SHAREHOLDERS  OR
   51  INVESTORS; AND
   52    (C)  RESERVES  POWERS GRANTED TO A LOCAL GOVERNING AUTHORITY TO ASSURE
   53  ACCESS AND QUALITY;
   54    (3) IS INCORPORATED AS A BENEFIT CORPORATION UNDER THE BUSINESS CORPO-
   55  RATION LAW;
       S. 2007                            74                            A. 3007
    1    (4) COMMITS TO MAINTAINING OR ENHANCING EXISTING LEVELS  OF  SERVICES,
    2  CHARITY CARE AND CORE COMMUNITY BENEFITS;
    3    (5)  IDENTIFIES  AN  ACTIONABLE  STRATEGY  TO  MONITOR AND MAINTAIN OR
    4  IMPROVE QUALITY OF CARE;
    5    (6) EXPLAINS THE LEVEL OF CAPITAL  COMMITMENT  AND  THE  MECHANISM  OR
    6  MECHANISMS  FOR  INFUSING CAPITAL INTO THE NOT-FOR-PROFIT HOSPITAL PART-
    7  NER;
    8    (7) EXPLAINS HOW IT WILL RETAIN THE WORKFORCE, EITHER IN EXISTING JOBS
    9  OR THROUGH RETRAINING, AND ADDRESSES OBLIGATIONS OWED TO EMPLOYEE  BENE-
   10  FIT PLANS AND PENSIONS;
   11    (8) WILL CREATE A FOUNDATION TO ADDRESS THE PUBLIC HEALTH NEEDS OF THE
   12  COMMUNITY; AND
   13    (9)  IDENTIFIES  HOW  PROFIT  DISTRIBUTIONS  SHALL BE MADE IN A WAY TO
   14  ENSURE THAT THE COMMUNITY'S ACCESS TO QUALITY CARE  AND  CORE  COMMUNITY
   15  BENEFITS ARE NOT COMPROMISED AND ACCESS TO CAPITAL IS NOT COMPROMISED.
   16    NONE  OF THE FOREGOING FACTORS SHALL BE DISPOSITIVE IN THE APPROVAL OR
   17  DISAPPROVAL OF THE BUSINESS CORPORATION.
   18    (G) NO BUSINESS CORPORATION SHALL BE APPROVED UNDER THIS SECTION  THAT
   19  FAILS TO:
   20    (1)  ATTEST  THAT  IT WILL PROVIDE THE NOT-FOR-PROFIT HOSPITAL PARTNER
   21  WITH THE EXCLUSIVE AUTHORITY  OVER  FUNCTIONS  RELATING  TO  ITS  EXEMPT
   22  STATUS;
   23    (2)  COMMIT  TO  ONGOING MONITORING AND REPORTING TO THE DEPARTMENT ON
   24  QUALITY OF CARE, ACCESS TO SERVICES,  LOCAL  INVESTMENT,  AND  WORKFORCE
   25  ISSUES, TO BE DEFINED BY THE COMMISSIONER; AND
   26    (3)  PROVIDE FOR A LOCAL ADVISORY BOARD CONSISTING OF COMMUNITY REPRE-
   27  SENTATIVES, WHICH SHALL MAKE RECOMMENDATIONS ON MATTERS INCLUDING:
   28    (A) ADOPTING A MISSION, VISION AND VALUES STATEMENT;
   29    (B) MONITORING OPERATING PERFORMANCE;
   30    (C) ASSURING QUALITY OF CARE;
   31    (D) ENSURING MEDICAL STAFF COMPLY WITH JOINT COMMISSION REQUIREMENTS;
   32    (E) GRANTING MEDICAL STAFF PRIVILEGES;
   33    (F) FORMULATING STRATEGIC, OPERATIONAL AND CAPITAL PLANS;
   34    (G) NOMINATING ADVISORY BOARD MEMBERS;
   35    (H) APPROVING THE CHIEF EXECUTIVE OFFICER AND EVALUATING  HIS  OR  HER
   36  PERFORMANCE; AND
   37    (I)  IDENTIFYING  AND  APPROVING  POLICIES  RELATING TO CORE COMMUNITY
   38  SERVICES AND BENEFITS AND CHARITY CARE POLICIES.
   39    (H) ANY BUSINESS CORPORATION APPROVED UNDER THIS SECTION  MUST  ARTIC-
   40  ULATE:
   41    (1)  THE TIME PERIOD IT EXPECTS TO KEEP ITS INVESTMENT IN THE HOSPITAL
   42  OR HOSPITALS;
   43    (2) WHETHER IT WILL ALLOW A "BUY-BACK" OPTION  TO  ITS  NOT-FOR-PROFIT
   44  HOSPITAL PARTNER OR BY AN EMPLOYEE OWNERSHIP PLAN;
   45    (3)  WHAT  SAFEGUARDS  IT  PLANS  TO PUT IN PLACE TO PROTECT ACCESS TO
   46  SERVICES WHEN IT BEGINS TO NEGOTIATE WITH A SUBSEQUENT INVESTOR; AND
   47    (4)  THE  ROLE  OF  THE  NOT-FOR-PROFIT  HOSPITAL  PARTNER  IN   THOSE
   48  DISCUSSIONS WITH A SUBSEQUENT INVESTOR.
   49    (I)  THE  BOARD  OF  DIRECTORS  OF  A BUSINESS CORPORATION ESTABLISHED
   50  PURSUANT TO THIS SUBDIVISION SHALL BE DEEMED A "GOVERNING BODY" FOR  THE
   51  PURPOSES  OF  SECTION  TWENTY-EIGHT  HUNDRED THREE-L OF THIS ARTICLE AND
   52  SHALL COMPLY WITH THE PROVISIONS OF  SUCH  SECTION,  REGARDLESS  OF  THE
   53  CORPORATION'S PROFIT-MAKING STATUS.
   54    (J)  A  SALE, LEASE, CONVEYANCE, EXCHANGE, TRANSFER, OR OTHER DISPOSI-
   55  TION OF ALL OR SUBSTANTIALLY ALL OF THE ASSETS OF  THE  BUSINESS  CORPO-
       S. 2007                            75                            A. 3007
    1  RATION  SHALL NOT BE EFFECTIVE UNLESS THE TRANSACTION IS APPROVED BY THE
    2  COMMISSIONER.
    3    NO SUCH TRANSACTION MAY OCCUR WITHIN THREE YEARS OF THE COMMISSIONER'S
    4  APPROVAL  OF  THE  BUSINESS  CORPORATION'S  PARTICIPATION  IN THE DEMON-
    5  STRATION PROJECT. IN APPROVING  SUCH  A  TRANSACTION,  THE  COMMISSIONER
    6  SHALL CONSIDER, AMONG OTHER THINGS, WHETHER THE TRANSACTION:
    7    (1) IMPOSES SAFEGUARDS TO PROTECT QUALITY AND ACCESS TO CORE COMMUNITY
    8  SERVICES DURING THE TRANSITION TO THE NEW INVESTOR;
    9    (2)  REQUIRES  THE  SUBSEQUENT  INVESTOR TO GUARANTEE ALL OBLIGATIONS,
   10  INCLUDING THOSE DESCRIBED IN SUBPARAGRAPH SEVEN OF PARAGRAPH (F) OF THIS
   11  SUBDIVISION;
   12    (3) WILL MAINTAIN THE HOSPITAL GOVERNANCE STRUCTURE AND LOCAL  GOVERN-
   13  ING BOARD'S POWERS; AND
   14    (4) IMPOSES MINIMUM CAPITALIZATION CRITERIA POST-TRANSACTION.
   15    (K)  NO  LATER  THAN THREE YEARS AFTER THE ESTABLISHMENT OF A BUSINESS
   16  CORPORATION UNDER THIS SUBDIVISION, THE COMMISSIONER SHALL  PROVIDE  THE
   17  GOVERNOR,  THE  TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
   18  ASSEMBLY WITH A WRITTEN EVALUATION OF THE PILOT PROGRAM. SUCH EVALUATION
   19  SHALL ADDRESS THE OVERALL EFFECTIVENESS OF THE PROGRAM IN  ALLOWING  FOR
   20  ACCESS  TO CAPITAL INVESTMENT AND THE IMPACT SUCH ACCESS MAY HAVE ON THE
   21  QUALITY OF CARE PROVIDED BY HOSPITALS OPERATED BY BUSINESS  CORPORATIONS
   22  ESTABLISHED UNDER THIS SUBDIVISION.
   23    S  2.  Paragraph  (b)  of  subdivision 2 of section 1676 of the public
   24  authorities law is amended by adding a  new  undesignated  paragraph  to
   25  read as follows:
   26    SUCH  BUSINESS CORPORATIONS AS ARE ESTABLISHED PURSUANT TO SUBDIVISION
   27  SEVENTEEN OF SECTION TWENTY-EIGHT HUNDRED ONE-A OF THE PUBLIC HEALTH LAW
   28  FOR THE ACQUISITION, CONSTRUCTION,  RECONSTRUCTION,  REHABILITATION  AND
   29  IMPROVEMENT,  OR  OTHERWISE  PROVIDING,  FURNISHING  AND  EQUIPPING OF A
   30  HOSPITAL OR HOSPITALS.
   31    S 3. Subdivision 1 of section 1680 of the public  authorities  law  is
   32  amended by adding a new undesignated paragraph to read as follows:
   33    SUCH  BUSINESS CORPORATIONS AS ARE ESTABLISHED PURSUANT TO SUBDIVISION
   34  SEVENTEEN OF SECTION TWENTY-EIGHT HUNDRED ONE-A OF THE PUBLIC HEALTH LAW
   35  FOR THE ACQUISITION, CONSTRUCTION,  RECONSTRUCTION,  REHABILITATION  AND
   36  IMPROVEMENT,  OR  OTHERWISE  PROVIDING,  FURNISHING  AND  EQUIPPING OF A
   37  HOSPITAL OR HOSPITALS.
   38    S 4. This act shall take effect immediately.
   39                                   PART R
   40    Section 1. Section 3 of part A of chapter 111  of  the  laws  of  2010
   41  amending  the  mental hygiene law relating to the receipt of federal and
   42  state benefits received by  individuals  receiving  care  in  facilities
   43  operated by an office of the department of mental hygiene, as amended by
   44  section  1  of  part  B of chapter 58 of the laws of 2014, is amended to
   45  read as follows:
   46    S 3. This act shall take effect immediately; and shall expire  and  be
   47  deemed repealed June 30, [2015] 2018.
   48    S 2. This act shall take effect immediately.
   49                                   PART S
   50    Section 1. Section 366 of the social services law is amended by adding
   51  a new subdivision 7-a to read as follows:
       S. 2007                            76                            A. 3007
    1    7-A.  A.  THE  COMMISSIONER OF HEALTH IN CONSULTATION WITH THE COMMIS-
    2  SIONER OF DEVELOPMENTAL DISABILITIES SHALL APPLY FOR A HOME AND COMMUNI-
    3  TY-BASED WAIVER, PURSUANT TO SUBDIVISION (C) OF SECTION NINETEEN HUNDRED
    4  FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT, IN ORDER TO PROVIDE HOME AND
    5  COMMUNITY-BASED  SERVICES FOR A POPULATION OF PERSONS WITH DEVELOPMENTAL
    6  DISABILITIES, AS SUCH TERM IS DEFINED IN  SECTION  1.03  OF  THE  MENTAL
    7  HYGIENE LAW.
    8    B. PERSONS ELIGIBLE FOR PARTICIPATION IN THE WAIVER PROGRAM SHALL:
    9    (I)  HAVE A DEVELOPMENTAL DISABILITY AS SUCH TERM IS DEFINED IN SUBDI-
   10  VISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE LAW;
   11    (II) MEET THE LEVEL OF CARE CRITERIA PROVIDED BY AN INTERMEDIATE  CARE
   12  FACILITY FOR THE DEVELOPMENTALLY DISABLED;
   13    (III) BE ELIGIBLE FOR MEDICAID;
   14    (IV)  LIVE  AT  HOME  OR IN AN INDIVIDUALIZED RESIDENTIAL ALTERNATIVE,
   15  COMMUNITY RESIDENCE OR FAMILY CARE HOME, OPERATED, FUNDED OR LICENSED BY
   16  THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES OR OTHER APPROPRI-
   17  ATE COMMUNITY SETTING AS DEFINED IN REGULATION BY  THE  COMMISSIONER  OF
   18  DEVELOPMENTAL DISABILITIES;
   19    (V)  BE  CAPABLE  OF BEING CARED FOR IN THE COMMUNITY IF PROVIDED WITH
   20  SUCH SERVICES AS RESPITE, HOME ADAPTATION, OR OTHER HOME AND  COMMUNITY-
   21  BASED  SERVICES,  OTHER  THAN  ROOM AND BOARD, AS MAY BE APPROVED BY THE
   22  SECRETARY OF THE FEDERAL DEPARTMENT OF HEALTH  AND  HUMAN  SERVICES,  IN
   23  ADDITION  TO  OTHER SERVICES PROVIDED UNDER THIS TITLE, AS DETERMINED BY
   24  THE ASSESSMENT REQUIRED BY PARAGRAPH C OF THIS SUBDIVISION;
   25    (VI) HAVE A DEMONSTRATED NEED FOR  HOME  AND  COMMUNITY  BASED  WAIVER
   26  SERVICES; AND
   27    (VII)  MEET  SUCH  OTHER CRITERIA AS MAY BE ESTABLISHED BY THE COMMIS-
   28  SIONER OF HEALTH AND THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES,  AS
   29  MAY BE NECESSARY TO ADMINISTER THE PROVISIONS OF THIS SUBDIVISION.
   30    C.  THE  COMMISSIONER  OF  DEVELOPMENTAL DISABILITIES SHALL ASSESS THE
   31  ELIGIBILITY OF PERSONS ENROLLED, OR SEEKING TO  ENROLL,  IN  THE  WAIVER
   32  PROGRAM.  THE  ASSESSMENT  SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, AN
   33  EVALUATION OF THE HEALTH, PSYCHO-SOCIAL, DEVELOPMENTAL, HABILITATION AND
   34  ENVIRONMENTAL NEEDS OF THE PERSON AND SHALL SERVE AS THE BASIS  FOR  THE
   35  DEVELOPMENT  AND  PROVISION  OF  AN  APPROPRIATE  PLAN  OF CARE FOR SUCH
   36  PERSON.
   37    D. THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES SHALL  UNDER-
   38  TAKE  OR  ARRANGE FOR THE DEVELOPMENT OF A WRITTEN PLAN OF CARE FOR EACH
   39  PERSON ENROLLED IN THE WAIVER. SUCH PLAN  OF  CARE  SHALL  DESCRIBE  THE
   40  PROVISION  OF  HOME  AND COMMUNITY BASED WAIVER SERVICES CONSISTENT WITH
   41  THE ASSESSMENT FOR EACH PERSON.
   42    E. THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES SHALL  REVIEW
   43  THE  PLAN  OF CARE AND AUTHORIZE THOSE HOME AND COMMUNITY BASED SERVICES
   44  TO BE INCLUDED IN THE PLAN OF CARE, TAKING  INTO  ACCOUNT  THE  PERSON'S
   45  ASSESSED NEEDS, VALUED OUTCOMES AND AVAILABLE RESOURCES.
   46    F.  THE  COMMISSIONERS  OF DEVELOPMENTAL DISABILITIES AND HEALTH SHALL
   47  DETERMINE QUALITY STANDARDS FOR ORGANIZATIONS PROVIDING  SERVICES  UNDER
   48  SUCH  WAIVER  AND SHALL AUTHORIZE ORGANIZATIONS THAT MEET SUCH STANDARDS
   49  TO PROVIDE SUCH SERVICES.
   50    G. THE  COMMISSIONER  OF  DEVELOPMENTAL  DISABILITIES  OR  HEALTH  MAY
   51  PROMULGATE   RULES  AND  REGULATIONS  AS  NECESSARY  TO  EFFECTUATE  THE
   52  PROVISIONS OF THIS SECTION.
   53    H. THIS SUBDIVISION SHALL BE EFFECTIVE ONLY IF, AND AS LONG AS, FEDER-
   54  AL FINANCIAL PARTICIPATION IS AVAILABLE FOR EXPENDITURES INCURRED  UNDER
   55  THIS SUBDIVISION.
       S. 2007                            77                            A. 3007
    1    S  2.  Paragraph  (a)  of  subdivision  4 of section 488 of the social
    2  services law, as added by section 1 of part B of chapter 501 of the laws
    3  of 2012, is amended to read as follows:
    4    (a)  a facility or program in which services are provided and which is
    5  operated, licensed or certified by the  office  of  mental  health,  the
    6  office for people with developmental disabilities or the office of alco-
    7  holism  and  substance  abuse  services,  including  but  not limited to
    8  psychiatric centers, inpatient psychiatric units of a general  hospital,
    9  developmental  centers,  intermediate  care  facilities, community resi-
   10  dences, group homes and family care homes, provided, however, that  such
   11  term shall not include a secure treatment facility as defined in section
   12  10.03  of  the mental hygiene law, SERVICES DEFINED IN SUBPARAGRAPH FOUR
   13  OF SUBDIVISION (A) OF SECTION  16.03  OF  THE  MENTAL  HYGIENE  LAW,  or
   14  services  provided  in  programs  or facilities that are operated by the
   15  office of mental health and located  in  state  correctional  facilities
   16  under  the  jurisdiction  of the department of corrections and community
   17  supervision;
   18    S 3. Subdivision 2 of section 550 of the executive law,  as  added  by
   19  section  3  of  part A of chapter 501 of the laws of 2012, is amended to
   20  read as follows:
   21    2. "Mental hygiene facility" shall  mean  a  facility  as  defined  in
   22  subdivision six of section 1.03 of the mental hygiene law and facilities
   23  for the operation of which an operating certificate is required pursuant
   24  to article sixteen or thirty-one of the mental hygiene law and including
   25  family  care homes. "Mental hygiene facility" also means a secure treat-
   26  ment facility as defined by article ten of the mental hygiene law.  THIS
   27  TERM SHALL NOT INCLUDE SERVICES DEFINED IN SUBPARAGRAPH FOUR OF SUBDIVI-
   28  SION (A) OF SECTION 16.03 OF THE MENTAL HYGIENE LAW.
   29    S 4. Subdivisions 3, 4, 5 and 22 of section 1.03 of the mental hygiene
   30  law, subdivision 3 as amended by chapter 223 of the laws of 1992, subdi-
   31  vision 4 as added by chapter 978 of the laws of 1977, subdivision  5  as
   32  amended by chapter 75 of the laws of 2006, and subdivision 22 as amended
   33  by chapter 255 of the laws of 2002, are amended to read as follows:
   34    3.  "Mental  disability"  means  mental  illness, [mental retardation]
   35  INTELLECTUAL DISABILITY, developmental disability, alcoholism, substance
   36  dependence, or chemical dependence. [A mentally disabled person  is  one
   37  who has a mental disability.]
   38    4.  "Services  for [the mentally disabled] PERSONS WITH A MENTAL DISA-
   39  BILITY" means examination, diagnosis, care,  treatment,  rehabilitation,
   40  SUPPORTS, HABILITATION or training of the mentally disabled.
   41    5.  "Provider  of  services"  means an individual, association, corpo-
   42  ration, partnership, limited liability company,  or  public  or  private
   43  agency,  other than an agency or department of the state, which provides
   44  services for [the mentally disabled] PERSONS WITH A  MENTAL  DISABILITY.
   45  It  shall not include any part of a hospital as defined in article twen-
   46  ty-eight of the public health law which is not being  operated  for  the
   47  purpose  of providing services for the mentally disabled. No provider of
   48  services shall be subject to the regulation or control of the department
   49  or one of its offices except as such regulation or control  is  provided
   50  for by other provisions of this chapter.
   51    22. "Developmental disability" means a disability of a person which:
   52    (a) (1) is attributable to [mental retardation] INTELLECTUAL DISABILI-
   53  TY, cerebral palsy, epilepsy, neurological impairment, familial dysauto-
   54  nomia or autism;
   55    (2)  is  attributable  to  any other condition of a person found to be
   56  closely related to [mental retardation] INTELLECTUAL DISABILITY  because
       S. 2007                            78                            A. 3007
    1  such  condition  results  in  similar impairment of general intellectual
    2  functioning or adaptive behavior to that of [mentally  retarded]  INTEL-
    3  LECTUALLY DISABLED persons or requires treatment and services similar to
    4  those required for such person; or
    5    (3)  is attributable to dyslexia resulting from a disability described
    6  in subparagraph (1) or (2) of this paragraph;
    7    (b) originates before such person attains age twenty-two;
    8    (c) has continued or can be expected to continue indefinitely; and
    9    (d) constitutes a substantial handicap to  such  person's  ability  to
   10  function normally in society.
   11    S  5.  Paragraph  3  of subdivision (a) of section 16.03 of the mental
   12  hygiene law, as amended by chapter 37 of the laws of 2011, is amended to
   13  read as follows:
   14    (3) Operation of a facility established  or  maintained  by  a  public
   15  agency,  board,  or commission, or by a corporation or voluntary associ-
   16  ation for the rendition of out-patient or non-residential  services  for
   17  persons  with  developmental  disabilities; provided, however, that such
   18  operation shall not be deemed  to  include  (i)  professional  practice,
   19  within  the  scope of a professional license or certificate issued by an
   20  agency of the state, by an individual practitioner or by  a  partnership
   21  of such individuals or by a professional service corporation duly incor-
   22  porated  pursuant  to  the  business  corporation law or by a university
   23  faculty practice corporation duly incorporated pursuant to the  not-for-
   24  profit  corporation  law  or  (ii)  non-residential  services  which are
   25  licensed, supervised, or operated by another agency  of  the  state  and
   26  non-residential  services which are chartered or issued a certificate of
   27  incorporation pursuant to the education law or (iii) pastoral counseling
   28  by a clergyman or minister, including  those  defined  as  clergyman  or
   29  minister by section two of the religious corporations law.
   30    S  6.  Subdivision  (a)  of section 16.03 of the mental hygiene law is
   31  amended by adding a new paragraph 4 to read as follows:
   32    (4) THE PROVISION OF HOME AND COMMUNITY BASED SERVICES APPROVED  UNDER
   33  A WAIVER PROGRAM AUTHORIZED PURSUANT TO SUBDIVISION (C) OF SECTION NINE-
   34  TEEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT AND SUBDIVISIONS
   35  SEVEN  AND  SEVEN-A  OF  SECTION  THREE  HUNDRED SIXTY-SIX OF THE SOCIAL
   36  SERVICES LAW.
   37    S 7. Section 16.03 of the mental hygiene law is amended  by  adding  a
   38  new subdivision (f) to read as follows:
   39    (F)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
   40  PROVISION OF LICENSED PROFESSIONAL SERVICES, INCLUDING, BUT NOT  LIMITED
   41  TO, PSYCHOLOGY, NURSING, SOCIAL WORK, SPEECH-LANGUAGE PATHOLOGY, OCCUPA-
   42  TIONAL  THERAPY, PHYSICAL THERAPY AND APPLIED BEHAVIORAL ANALYSIS, SHALL
   43  BE AUTHORIZED AS PART OF THE PROGRAMS CERTIFIED PURSUANT TO  THIS  ARTI-
   44  CLE.
   45    S 8. Subdivision (a), paragraphs 2, 3, and 6 of subdivision (c), para-
   46  graphs  1 and 4 of subdivision (d), subdivision (e), and subdivision (i)
   47  of section 16.05 of the mental hygiene law, subdivision (a),  paragraphs
   48  2,  3,  and  6 of subdivision (c), paragraphs 1 and 4 of subdivision (d)
   49  and subdivision (e) as added by chapter 786 of the laws of  1983,  para-
   50  graph  6 of subdivision (c) and paragraph 4 of subdivision (d) as renum-
   51  bered by chapter 618 of the laws of 1990, and subdivision (i) as amended
   52  by chapter 37 of the laws of 2011, are amended to read as follows:
   53    (a)(1) Application for an operating certificate  shall  be  made  upon
   54  forms prescribed by the commissioner.
   55    (2)  Application shall be made by the person or entity responsible for
   56  operation of the facility OR  PROVISION  OF  SERVICES  AS  DESCRIBED  IN
       S. 2007                            79                            A. 3007
    1  SUBDIVISION  FOUR  OF SECTION 16.03 OF THIS ARTICLE.  Applications shall
    2  be in writing, shall be verified and shall contain such  information  as
    3  required by the commissioner.
    4    (2)  The  character,  competence  and standing in the community of the
    5  person or entity responsible for operating  the  facility  OR  PROVIDING
    6  SERVICES;
    7    (3)  The  financial  resources of the proposed facility OR PROVIDER OF
    8  SERVICES and its sources of future revenues;
    9    (6) In the case of residential facilities, that arrangements have been
   10  made with other providers of  services  for  the  provision  of  health,
   11  habilitation,  day treatment, education, sheltered workshop, transporta-
   12  tion or other services  as  may  be  necessary  to  meet  the  needs  of
   13  [clients] INDIVIDUALS who will reside in the facility; and
   14    (1)  the  financial  resources of the proposed facility OR PROVIDER OF
   15  SERVICES and its sources of future revenues;
   16    (4) in the case of residential facilities, that arrangements have been
   17  made with other providers of  services  for  the  provision  of  health,
   18  habilitation,  day treatment, education, sheltered workshop, transporta-
   19  tion or other services  as  may  be  necessary  to  meet  the  needs  of
   20  [clients] INDIVIDUALS who will reside in the facility; and
   21    (e)  The  commissioner  may disapprove an application for an operating
   22  certificate, may authorize fewer services  than  applied  for,  and  may
   23  place  limitations or conditions on the operating certificate including,
   24  but not limited to compliance with a time limited plan of correction  of
   25  any  deficiency  which does not threaten the health or well-being of any
   26  [client] INDIVIDUALS.  In such cases the applicant  shall  be  given  an
   27  opportunity  to be heard, at a public hearing if requested by the appli-
   28  cant.
   29    (i) In the event that the holder of an  operating  certificate  for  a
   30  residential facility issued by the commissioner pursuant to this article
   31  wishes  to  cease  the operation or conduct of any of the activities, as
   32  defined in paragraph one OR FOUR of subdivision (a) of section 16.03  of
   33  this  article,  for  which  such certificate has been issued or to cease
   34  operation of any one or more of facilities for  which  such  certificate
   35  has  been  issued; wishes to transfer ownership, possession or operation
   36  of the premises and facilities upon  which  such  activities  are  being
   37  conducted  or  to transfer ownership, possession or operation of any one
   38  or more of the premises or facilities for  which  such  certificate  has
   39  been  issued; or elects not to apply to the commissioner for re-certifi-
   40  cation upon the expiration of any current period  of  certification,  it
   41  shall be the duty of such certificate holder to give to the commissioner
   42  written  notice  of such intention not less than sixty days prior to the
   43  intended effective date of such transaction. Such notice shall set forth
   44  a detailed plan which makes provision for the safe and orderly  transfer
   45  of  each  person  with a developmental disability served by such certif-
   46  icate holder pursuant to such certificate into  a  program  of  services
   47  appropriate  to  such  person's on-going needs and/or for the continuous
   48  provision of a lawfully operated program of such activities and services
   49  at the premises and facilities to be conveyed by the certificate holder.
   50  Such certificate holder shall not cease to provide any such services  to
   51  any such person with a developmental disability under any of the circum-
   52  stances  described  in  this  section until the notice and plan required
   53  hereby are received, reviewed and approved by the commissioner. For  the
   54  purposes  of this paragraph, the requirement of prior notice and contin-
   55  uous provision of programs and services by the certificate holder  shall
   56  not  apply  to  those  situations  and changes in circumstances directly
       S. 2007                            80                            A. 3007
    1  affecting the certificate holder that are not reasonably foreseeable  at
    2  the  time  of  occurrence, including, but not limited to, death or other
    3  sudden incapacitating disability or infirmity. Written notice  shall  be
    4  given  to  the commissioner as soon as reasonably possible thereafter in
    5  the manner set forth within this subdivision.
    6    S 9. Paragraph 1 of subdivision (a) of section  16.09  of  the  mental
    7  hygiene  law, as added by chapter 786 of the laws of 1983, is amended to
    8  read as follows:
    9    (1) "Facility" is limited to a facility in which services are  offered
   10  for  which an operating certificate is required by this article. For the
   11  purposes of this section facility shall include family  care  homes  BUT
   12  SHALL  NOT  INCLUDE  THE  PROVISION OF SERVICES, AS DEFINED IN PARAGRAPH
   13  FOUR OF SUBDIVISION (A) OF SECTION 16.03 OF THIS ARTICLE, OUTSIDE  OF  A
   14  FACILITY.
   15    S  10. The section heading and subdivision (a) of section 16.11 of the
   16  mental hygiene law are REPEALED and a new section heading  and  subdivi-
   17  sion (a) are added to read as follows:
   18    OVERSIGHT  OF  FACILITIES  AND  SERVICES.   (A) THE COMMISSIONER SHALL
   19  PROVIDE FOR THE OVERSIGHT OF FACILITIES AND PROVIDERS OF SERVICES  HOLD-
   20  ING OPERATING CERTIFICATES PURSUANT TO SECTION 16.03 OF THIS ARTICLE AND
   21  SHALL  PROVIDE FOR THE ANNUAL REVIEW OF SUCH FACILITIES AND PROVIDERS IN
   22  IMPLEMENTING THE REQUIREMENTS OF THE OFFICE  AND  IN  PROVIDING  QUALITY
   23  CARE AND PERSON CENTERED AND COMMUNITY BASED SERVICES.
   24    (1)  THE REVIEW OF FACILITIES ISSUED AN OPERATING CERTIFICATE PURSUANT
   25  TO THIS ARTICLE SHALL INCLUDE A SITE VISIT TO OCCUR AT LEAST ONCE DURING
   26  EACH CALENDAR YEAR AND SHALL BE WITHOUT PRIOR NOTICE.  AREAS  OF  REVIEW
   27  SHALL INCLUDE, BUT NOT BE LIMITED TO, A REVIEW OF A FACILITY'S: PHYSICAL
   28  PLANT,  FIRE SAFETY PROCEDURES, HEALTH CARE, PROTECTIVE OVERSIGHT, ABUSE
   29  AND NEGLECT PREVENTION, AND REPORTING PROCEDURES.
   30    (2) THE REVIEW OF PROVIDERS OF SERVICES, AS DEFINED IN PARAGRAPH  FOUR
   31  OF  SUBDIVISION  (A) OF SECTION 16.03 OF THIS ARTICLE, SHALL ENSURE THAT
   32  THE PROVIDER OF SERVICES COMPLIES  WITH  ALL  THE  REQUIREMENTS  OF  THE
   33  APPLICABLE  FEDERAL HOME AND COMMUNITY BASED SERVICES WAIVER PROGRAM AND
   34  APPLICABLE FEDERAL REGULATION, SUBDIVISIONS SEVEN AND SEVEN-A OF SECTION
   35  THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW AND RULES  AND  REGU-
   36  LATIONS ADOPTED BY THE COMMISSIONER.
   37    S  11.  Subdivisions  (b),  (c),  (d), and (e) of section 16.11 of the
   38  mental hygiene law, subdivision (b) as amended by chapter 37 of the laws
   39  of 2011, and subdivisions (c), (d) and (e) as added by  chapter  786  of
   40  the laws of 1983, are amended to read as follows:
   41    (b)  The  commissioner  shall have the power to conduct investigations
   42  into the operations of any PROVIDER OF SERVICE, person or  entity  which
   43  holds  an operating certificate issued by the office, into the operation
   44  of any facility, SERVICE or program issued an operating  certificate  by
   45  the office and into the operations, related to the provision of services
   46  regulated by this chapter, of any person or entity providing a residence
   47  for one or more unrelated persons with developmental disabilities.
   48    (c)  In conducting an inspection or investigation, the commissioner or
   49  his OR HER authorized representative shall have  the  power  to  inspect
   50  facilities,  conduct interviews of clients, interview personnel, examine
   51  and copy all records, including financial and  medical  records  of  the
   52  facility  OR  PROVIDER OF SERVICES, and obtain such other information as
   53  may be required in order to carry out his OR HER responsibilities  under
   54  this chapter.
   55    (d)  In conducting any inspection or investigation under this chapter,
   56  the commissioner or his OR HER authorized representative is empowered to
       S. 2007                            81                            A. 3007
    1  subpoena  witnesses,  compel  their  attendance,  administer  oaths   to
    2  witnesses,  examine  witnesses under oath, and require the production of
    3  any books or papers deemed relevant to the investigation, inspection, or
    4  hearing.  A subpoena issued under this section shall be regulated by the
    5  civil practice law and rules.
    6    (e) The supreme court  may  enjoin  persons  or  entities  subject  to
    7  inspection  or  investigation pursuant to this article to cooperate with
    8  the commissioner and to allow the commissioner access  to  PROVIDERS  OF
    9  SERVICES,  facilities,  records,  clients  and personnel as necessary to
   10  enable the commissioner to conduct the inspection or investigation.
   11    S 12. Section 16.17 of the mental hygiene law, as added by chapter 786
   12  of the laws of 1983, subdivision (a) and paragraph 2 and subparagraph  b
   13  of paragraph 1 of subdivision (b) as amended and subparagraph d of para-
   14  graph  1  of subdivision (b) as relettered by chapter 169 of the laws of
   15  1992, subdivision (b) as amended by chapter 856 of the laws of 1985, the
   16  opening paragraph and subparagraph c of paragraph 1 of  subdivision  (b)
   17  as  amended  by  chapter 37 of the laws of 2011, subparagraph d of para-
   18  graph 1 of subdivision (b) as added by chapter 618 of the laws of  1990,
   19  paragraph  4 of subdivision (b) as amended by chapter 168 of the laws of
   20  2010, paragraph 1 of subdivision (f) as amended by chapter  601  of  the
   21  laws  of  2007,  subdivision (g) as amended by chapter 24 of the laws of
   22  2007, and subdivision (h) as amended by chapter 306 of the laws of 1995,
   23  is amended to read as follows:
   24  S 16.17 Suspension, revocation, or limitation of  an  operating  certif-
   25            icate.
   26    (a)  The  commissioner  may  revoke,  suspend,  or  limit an operating
   27  certificate or impose the penalties described in subparagraph a, b, c or
   28  d of paragraph one of subdivision (b) or  in  subdivision  (g)  of  this
   29  section  upon  a  determination  that  the holder of the certificate has
   30  failed to comply with the terms of its operating certificate or with the
   31  provisions of any applicable statute, rule or regulation. The holder  of
   32  the  certificate  shall  be  given notice and an opportunity to be heard
   33  prior to any such determination except that no such notice and  opportu-
   34  nity  to be heard shall be necessary prior to an emergency suspension or
   35  limitation of the facility's OR PROVIDER OF SERVICES' operating  certif-
   36  icate  imposed  pursuant  to  paragraph  one  of subdivision (b) of this
   37  section, nor shall such notice and opportunity to be heard be  necessary
   38  should the commissioner, in his OR HER discretion, decide to issue sepa-
   39  rate  operating  certificates  to  each facility OR PROVIDER OF SERVICES
   40  formerly included under the services authorized by one operating certif-
   41  icate to the provider of services.
   42    (b) (1) An operating  certificate  may  be  temporarily  suspended  or
   43  limited without a prior hearing for a period not in excess of sixty days
   44  upon  written notice to the facility OR PROVIDER OF SERVICES following a
   45  finding by the office for people with developmental disabilities that  a
   46  [client's]  INDIVIDUAL'S  health  or  safety is in imminent danger. Upon
   47  such finding and notice, the power of the  commissioner  temporarily  to
   48  suspend  or  limit an operating certificate shall include, but shall not
   49  be limited to, the power to:
   50    a. Prohibit or limit the placement of new [clients] INDIVIDUALS in the
   51  facility OR SERVICES;
   52    b. Remove or cause to be removed some or all of the [clients] INDIVID-
   53  UALS in the facility OR SERVICES;
   54    c. Suspend or limit or cause to be suspended or limited the payment of
   55  any governmental funds to the facility OR PROVIDER OF SERVICES  provided
   56  that  such action shall not in any way jeopardize the health, safety and
       S. 2007                            82                            A. 3007
    1  welfare of any person with a developmental disability in such program or
    2  facility OR SERVICES;
    3    d.  Prohibit  or  limit  the  placement  of new [clients] INDIVIDUALS,
    4  remove or cause to be removed some  or  all  [clients]  INDIVIDUALS,  or
    5  suspend  or limit or cause to be suspended or limited the payment of any
    6  governmental funds, in or to any  one  or  more  of  the  facilities  OR
    7  PROVIDER  OF  SERVICES  authorized  pursuant to an operating certificate
    8  [issued to a provider of services].
    9    (2) At any time subsequent to the  suspension  or  limitation  of  any
   10  operating  certificate  pursuant  to  paragraph  one of this subdivision
   11  where said suspension or limitation is the result of  correctable  phys-
   12  ical  plant,  staffing or program deficiencies, the facility OR PROVIDER
   13  OF SERVICES may request the office to [reinspect] REVIEW the facility OR
   14  PROVIDER OF SERVICES to redetermine whether a physical  plant,  staffing
   15  or  program  deficiency  continues to exist. After the receipt of such a
   16  request, the office shall [reinspect] REVIEW the facility OR PROVIDER OF
   17  SERVICES within ten days and in the  event  that  the  previously  found
   18  physical  plant,  staffing or program deficiency has been corrected, the
   19  suspension or limitation shall be  withdrawn.  If  the  physical  plant,
   20  staffing  or program deficiency has not been corrected, the commissioner
   21  shall not thereafter be required to [reinspect] REVIEW the  facility  OR
   22  PROVIDER  OF SERVICES during the emergency period of suspension or limi-
   23  tation.
   24    (3) During the sixty day suspension or limitation period provided  for
   25  in  paragraph  one  of this subdivision the commissioner shall determine
   26  whether to reinstate or remove the  limitations  on  the  facility's  OR
   27  PROVIDER  OF  SERVICES'  operating  certificate or to revoke, suspend or
   28  limit the operating certificate pursuant  to  subdivision  (a)  of  this
   29  section.  Should the commissioner choose to revoke, suspend or limit the
   30  operating certificate,  then  the  emergency  suspension  or  limitation
   31  provided  for  in  this  subdivision  shall remain in effect pending the
   32  outcome of an administrative hearing on the  revocation,  suspension  or
   33  limitation.
   34    (4)  The facility operator OR PROVIDER OF SERVICES, within ten days of
   35  the date when the emergency suspension or limitation pursuant  to  para-
   36  graph one of this subdivision is first imposed, may request an evidenti-
   37  ary hearing to contest the validity of the emergency suspension or limi-
   38  tation.  Such  an  evidentiary hearing shall commence within ten days of
   39  the facility operator's OR PROVIDER'S request  and  no  request  for  an
   40  adjournment  shall  be  granted  without the concurrence of the facility
   41  operator OR PROVIDER OF SERVICE, office for  people  with  developmental
   42  disabilities,  and the hearing officer. The evidentiary hearing shall be
   43  limited to those violations of federal and  state  law  and  regulations
   44  that  existed  at the time of the emergency suspension or limitation and
   45  which gave rise to the emergency suspension or limitation. The emergency
   46  suspension or limitation shall be upheld upon a determination  that  the
   47  office  for  people with developmental disabilities had reasonable cause
   48  to believe that a [client's] INDIVIDUAL'S health or safety was in  immi-
   49  nent  danger.  A  record  of such hearing shall be made available to the
   50  facility operator OR  PROVIDER  OF  SERVICE  upon  request.  Should  the
   51  commissioner  determine  to revoke, suspend or limit [the facility's] AN
   52  operating certificate pursuant to subdivision (a) of  this  section,  no
   53  administrative  hearing  on  that  action  shall  commence  prior to the
   54  conclusion of the evidentiary hearing. The commissioner  shall  issue  a
   55  ruling  within  ten  days  after  the  receipt  of the hearing officer's
   56  report.
       S. 2007                            83                            A. 3007
    1    (c) When the holder of  an  operating  certificate  shall  request  an
    2  opportunity to be heard, the commissioner shall fix a time and place for
    3  the hearing. A copy of the charges, together with the notice of the time
    4  and  place of the hearing, shall be served in person or mailed by regis-
    5  tered or certified mail to the facility OR PROVIDER OF SERVICES at least
    6  ten days before the date fixed for the hearing. The facility OR PROVIDER
    7  OF  SERVICES  shall file with the office, not less than three days prior
    8  to the hearing, a written answer to the charges.
    9    (d) (1) When a hearing must be afforded pursuant to  this  section  or
   10  other  provisions  of  this article, the commissioner, acting as hearing
   11  officer, or any person designated by him  OR  HER  as  hearing  officer,
   12  shall have power to:
   13    a. administer oaths and affirmations;
   14    b. issue subpoenas, which shall be regulated by the civil practice law
   15  and rules;
   16    c. take testimony; or
   17    d. control the conduct of the hearing.
   18    (2)  The  rules  of  evidence  observed by courts need not be observed
   19  except that the rules of privilege recognized by law shall be respected.
   20  Irrelevant or unduly repetitious evidence may be excluded.
   21    (3) All parties shall have the right of counsel  and  be  afforded  an
   22  opportunity to present evidence and cross-examine witnesses.
   23    (4)  If evidence at the hearing relates to the identity, condition, or
   24  clinical record of [a client] AN INDIVIDUAL,  the  hearing  officer  may
   25  exclude  all  persons  from  the  room except parties to the proceeding,
   26  their counsel and the witness. The record of such proceeding  shall  not
   27  be  available  to  anyone  outside the office, other than a party to the
   28  proceeding or his counsel, except by order of a court of record.
   29    (5) The commissioner may establish regulations to govern  the  hearing
   30  procedure and the process of determination of the proceeding.
   31    (6)  The  commissioner  shall issue a ruling within ten days after the
   32  termination of the hearing or, if a hearing officer has been designated,
   33  within ten days from the hearing officer's report.
   34    (e) All orders or determinations hereunder shall be subject to  review
   35  as  provided  in  article  seventy-eight  of  the civil practice law and
   36  rules.
   37    (f) (1) Except as provided  in  paragraph  two  of  this  subdivision,
   38  anything  contained  in this section to the contrary notwithstanding, an
   39  operating certificate of a facility OR  PROVIDER  OF  SERVICE  shall  be
   40  revoked  upon  a  finding by the office that any individual, member of a
   41  partnership or shareholder of a corporation to whom or to which an oper-
   42  ating certificate has been issued, has been convicted of a class A, B or
   43  C felony or a felony related in any  way  to  any  activity  or  program
   44  subject to the regulations, supervision, or administration of the office
   45  or  of the office of temporary and disability assistance, the department
   46  of health, or another office of the department of mental hygiene, or  in
   47  violation  of  the public officers law in a court of competent jurisdic-
   48  tion of the state, or in a court in  another  jurisdiction  for  an  act
   49  which would have been a class A, B or C felony in this state or a felony
   50  in  any way related to any activity or program which would be subject to
   51  the regulations, supervision, or administration of the office or of  the
   52  office of temporary and disability assistance, the department of health,
   53  or  another  office  of  the department of mental hygiene, or for an act
   54  which would be in violation of the public officers law. The commissioner
   55  shall not revoke or limit the operating certificate of any  facility  OR
   56  PROVIDER  OF  SERVICE,  solely because of the conviction, whether in the
       S. 2007                            84                            A. 3007
    1  courts of this state or in the courts of another jurisdiction, more than
    2  ten years prior to the effective date of such revocation or  limitation,
    3  of any person of a felony, or what would amount to a felony if committed
    4  within  the  state,  unless  the commissioner makes a determination that
    5  such conviction was related to an activity or  program  subject  to  the
    6  regulations,  supervision,  and  administration  of the office or of the
    7  office of temporary and disability assistance, the department of health,
    8  or another office of the department of mental hygiene, or  in  violation
    9  of the public officers law.
   10    (2)  In the event one or more members of a partnership or shareholders
   11  of a corporation shall have been convicted of a felony as  described  in
   12  paragraph  one  of this subdivision, the commissioner shall, in addition
   13  to his OR HER other powers, limit the existing operating certificate  of
   14  such  partnership  or  corporation  so  that  it shall apply only to the
   15  remaining partner or shareholders, as the case  may  be,  provided  that
   16  every  such convicted person immediately and completely ceases and with-
   17  draws from participation in the management and operation of the facility
   18  OR PROVIDER OF SERVICES and further provided that a change of  ownership
   19  or  transfer of stock is completed without delay, and provided that such
   20  partnership or corporation shall immediately reapply for  a  certificate
   21  of  operation pursuant to subdivision (a) of section 16.05 of this arti-
   22  cle.
   23    (g) The commissioner may impose a fine upon a finding that the  holder
   24  of  the certificate has failed to comply with the terms of the operating
   25  certificate or with the provisions of any applicable  statute,  rule  or
   26  regulation.  The  maximum  amount  of  such  fine  shall be one thousand
   27  dollars per day or fifteen thousand dollars per violation.
   28    Such penalty may be recovered by an action brought by the commissioner
   29  in any court of competent jurisdiction OR  BY  OFFSETTING  SUCH  PENALTY
   30  AGAINST A FUTURE MEDICAID OR OFFICE PAYMENT TO SUCH PROVIDER.
   31    Such penalty may be released or compromised by the commissioner before
   32  the  matter  has been referred to the attorney general. Any such penalty
   33  may be released or compromised and any action commenced to  recover  the
   34  same  may  be  settled  or discontinued by the attorney general with the
   35  consent of the commissioner.
   36    (h) Where a proceeding has been brought pursuant to section  16.27  of
   37  this article, and a receiver appointed pursuant thereto, the commission-
   38  er  may  assume  operation of the facility subject to such receivership,
   39  upon termination of such receivership, and upon  showing  to  the  court
   40  having  jurisdiction  over  such  receivership that no voluntary associ-
   41  ation, not-for-profit corporation or other appropriate provider is will-
   42  ing to assume operation of the facility subject to receivership  and  is
   43  capable  of  meeting the requirements of this article; provided that the
   44  commissioner notifies the  chairman  of  the  assembly  ways  and  means
   45  committee, the chairman of the senate finance committee and the director
   46  of the budget of his intention to assume operation of such facility upon
   47  service  of  the  order  to show cause upon the owner or operator of the
   48  facility, pursuant to subdivision (b) of section 16.27 of this article.
   49    S 13. Paragraph 5 of subdivision (a) of section 16.29  of  the  mental
   50  hygiene  law,  as  amended  by section 9 of part C of chapter 501 of the
   51  laws of 2012, is amended to read as follows:
   52    (5) removing a service recipient when it is determined that there is a
   53  risk to such person if he or she continues to remain in  a  facility  OR
   54  SERVICE PROGRAM; and
       S. 2007                            85                            A. 3007
    1    S 14. Paragraph (ii) of subdivision (c) of section 16.29 of the mental
    2  hygiene  law,  as  amended  by section 9 of part C of chapter 501 of the
    3  laws of 2012, is amended to read as follows:
    4    (ii)  development and implementation of a plan of prevention and reme-
    5  diation, in the event an investigation of a report of an alleged report-
    6  able incident exists and such reportable incident may be  attributed  in
    7  whole  or  in  part  to  noncompliance  by  the  facility OR PROVIDER OF
    8  SERVICES with the provisions of  this  chapter  or  regulations  of  the
    9  office  applicable  to  the  operation  of  such facility OR PROVIDER OF
   10  SERVICES.  Any plan of prevention and remediation required to be  devel-
   11  oped pursuant to this subdivision by a facility supervised by the office
   12  shall  be  submitted  to  and approved by such office in accordance with
   13  time limits established by regulations of such office. Implementation of
   14  the plan shall be monitored by such office. In reviewing  the  continued
   15  qualifications  of  a  residential  facility  OR PROVIDER OF SERVICES or
   16  program for an operating certificate, the  office  shall  evaluate  such
   17  facility's  OR PROVIDER OF SERVICE'S compliance with plans of prevention
   18  and remediation developed and implemented pursuant to this subdivision.
   19    S 15. This act shall take effect immediately.
   20    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   21  sion, section or part of this act shall be adjudged by a court of compo-
   22  nent jurisdiction to be invalid, such judgment shall not affect,  impair
   23  or invalidate the remainder thereof, but shall be confined in its opera-
   24  tion  to  the  clause, sentence, paragraph, subdivision, section or part
   25  thereof directly involved in the  controversy  in  which  such  judgment
   26  shall  have  been rendered. It is hereby declared to be in the intent of
   27  the legislature that this act would  have  been  enacted  even  if  such
   28  invalid provisions had not been included herein.
   29    S  3.  This  act shall take effect immediately provided, however, that
   30  the applicable effective date of Parts A through S of this act shall  be
   31  as specifically set forth in the last section of such Part.